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EDITORIAL: Who gets to claim the sunken treasure?

WHERE there’s gold, there’s a claim to be staked.

First came the treasure hunters from Allen Exploration, who under the terms of the government at the time set about finding booty and riches beneath the waves in Bahamian waters.

Then the new government administration decided that the 75/25 split wasn’t fair and decided to get the largest share. The only trouble is, that prompted the explorers to consider whether it was worth their time and money to find something only to hand over the majority of it to a government that invested nothing in the enterprise.

And now here comes the Spanish government, looking to reclaim the contents of its lost galleons.

An attorney with a US law firm has become involved, stating that any Spanish ship lost in Bahamian waters, as well as its cargo, belongs to the Spanish government and not The Bahamas.

The original explorers say the US attorney is not supported by the law of The Bahamas. The attorney says he has won multiple cases in the US on the principle that the owner of the ship remains so after it has sunk.

Meanwhile, the Minister of National Security has invited the explorers to leave if they don’t like the deal, while the Minister of Foreign Affairs this year posted photographs of himself with the man who owns the exploration company, Carl Allen, visiting Walker’s Cay where Mr Allen was his host.

If all this is starting to look tangled to you, you’re not alone.

The galleons that the Spanish are suddenly so keen to protect for museums and study, in the meantime, continue to gently rot away on the sea bed.

It seems inevitable at this rate that if the treasure hunting continues now that it will end up in court in some fashion.

The US attorney may have been successful in arguing under US laws, but that would have to be tested under Bahamian law which says that abandoned wrecks belong to The Bahamas unless the country has granted rights to someone else. That law dates back to 1965, and has never been tested by the Spanish.

The main ship being searched for, the Nuestra Senora de la Maravillas is described as “the most valuable shipwreck in the Western Hemisphere”. It sank in 1656 near Little Bahama Bank off Grand Bahama, and was eventually found in 1972. Centuries have passed since its sinking, decades since its rediscovery.

And now, it seems everyone wants a share.

Abortion legislation

Abortion is in the headlines because of the Supreme Court in the US overturning the long-standing Roe v Wade ruling that granted abortion rights across the country.

That has prompted much discussion among Bahamians, but, of course, we have our own laws when it comes to abortion. Here, abortion remains illegal.

It would be naïve to think that means abortion doesn’t happen here. Some travel to the US for such a procedure. Some procedures take place here, illegal or not.

The question was raised whether there was any consideration on changing legislation here when it comes to abortion – and press secretary Clint Watson was swift to bat the suggestion away.

He said such legislation is not a priority for the Davis administration, and that the government does not make “impulsive decisions” based on what other countries are doing. This, despite the government here using the removal of testing requirements for vaccinated travellers by the US as part of its reasoning to do the same here. We make decisions based on actions of other countries sometimes, but not others, it would seem.

Interestingly, this is the second time an issue disproportionately affecting women has been shrugged aside. Back in November, Prime Minister Philip “Brave” Davis effectively shrugged off the issue of marital rape, saying: “I have too many other things on my agenda to be thinking about.”

Marital rape, you may have noticed, has now moved onto that agenda – so public pressure can certainly make a difference.

Not that there’s been much progress there since – and if the government can’t move forward substantially on an issue of a spouse being raped, it’s fair to say there won’t be any change likely on an issue such as abortion.

But to just shrug it off as something affecting another country is wrong. It will affect Bahamian women, and legal or not, it should be on our agenda for what the consequences of that will be. Will it mean more illegal procedures here? Will it mean women placed at risk because of that situation? We should be aware of how it will affect us – and discuss accordingly, regardless of any legislative inaction.

Comments

birdiestrachan 1 year, 10 months ago

Mr Watson is loo per cent correct the question should not even be asked

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JokeyJack 1 year, 10 months ago

We should pay more attention to who gets to "claim" the money in our Treasury. We never get an actual expense report.

Of course, this ship (t?) works as a fine distraction.

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birdiestrachan 1 year, 9 months ago

The vaccine situation is different the editor knows this they are bating their new buzz words that the Bahamian people do not

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Socrates 1 year, 9 months ago

i dont support abortion but i believe in democracy and thats about the will of the majority, right or wrong.

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ThisIsOurs 1 year, 9 months ago

"would have to be tested under Bahamian law which says that abandoned wrecks belong to The Bahamas unless the country has granted rights to someone else. That law dates back to 1965, and has never been tested by the Spanish"

Since I doubt the lawyer had to fight for Spains right to wrecks in Spain, it may not matter "where" the wreck is, but more so "whose it was"

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John 1 year, 9 months ago

If you leave your property on or in someone else’s property for hundreds of years. Do you still have rights to said property? The law may not be cut and dry but even if one was to take Spanish version that the treasure belongs to Spain. Then doesn’t Spain need permission to come into The Bahamas to claim its treasure? Meaning it must make an Agreement with Bahamian government. Meaning some consideration must be given for granting permission. When we played ball and someone hit the ball in the neighbors yard, the neighbor got to keep the ball. They can either toss the ball back to you or give you permission to get the ball. ‘And if it comes over here again, you definitely not getting it back.’

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DWW 1 year, 9 months ago

the gold really belongs to costa rica or rmexico where it was first stolen

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Proguing 1 year, 9 months ago

If we find a German ship filled with Nazi loot that sunk during WWII, I doubt very much that Germany can claim the loot...

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Sickened 1 year, 9 months ago

So all these people roaming beaches around the world with metal detectors are actually thieves if they ever find a lost ring or coin? If Spain can't be bothered to find their lost treasure and don't know where they left it, then they are not entitled to it. I lost 3,000 pesetas in Spain 30 years ago after partying too hard. Should I claim that back from the Spanish Government - because I'm sure as hell someone found by now?

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