| Disputed reef and islets | |
|---|---|
 Image of Bajo Nuevo from theISS | |
  Bajo Nuevo Bank  Bajo Nuevo Bank  Bajo Nuevo Bank | |
| Other names | Petrel Islands |
| Geography | |
| Location | Caribbean Sea |
| Coordinates | 15°53′N78°38′W / 15.883°N 78.633°W /15.883; -78.633 |
| Length | 26 km (16.2 mi) |
| Width | 9 km (5.6 mi) |
| Highest elevation | 2 m (7 ft) |
| Highest point | Unnamed location on Low Cay |
| Administration | |
| Department | San Andrés and Providencia |
| Claimed by | |
| Territory | U.S. Minor Outlying Islands |
| Demographics | |
| Population | 0 |
| Additional information | |
| Time zone | |
Bajo Nuevo Bank, also known as thePetrel Islands (Spanish:Bajo Nuevo, Islas Petrel), is a small, uninhabitedreef with some small grass-coveredislets, located in the westernCaribbean Sea at15°53′N78°38′W / 15.883°N 78.633°W /15.883; -78.633, with alighthouse on Low Cay at15°51′N78°38′W / 15.850°N 78.633°W /15.850; -78.633. The closest neighboring land feature isSerranilla Bank, located 110 kilometres (68 miles) to the west.
The reef was first shown on Dutch maps dating to 1634 but was given its present name in 1654. Bajo Nuevo was rediscovered by the Englishpirate John Glover in 1660. The reef is now subject to a sovereignty dispute involvingColombia,Jamaica, and theUnited States.[1] On 19 November 2012, regarding Nicaraguan claims to the islands, theInternational Court of Justice (ICJ) found, unanimously, that the Republic of Colombia has sovereignty over both Bajo Nuevo and Serranilla Banks, although the judgment does not analyze or mention the competing claims of Jamaica or the United States.[2]
Bajo Nuevo Bank is about 26 km (16 mi) long and 9 km (5.6 mi) wide. The satellite image shows two distinctatoll-like structures separated by a deep channel 1.4 km (0.87 mi) wide at its narrowest point. The larger southwestern reef complex measures 15.4 km (9.6 mi) northeast-southwest, and is up to 9.4 km (5.8 mi) wide, covering an area of about 100 km2 (39 sq mi). The reef partially dries on the southern and eastern sides. The smaller northeastern reef complex measures 10.5 km (6.5 mi) east-west and is up to 5.5 km (3.4 mi) wide, covering an area of 45 km2 (17 sq mi). The land area is minuscule by comparison.
The most prominentcay is Low Cay, in the southwestern atoll. It is 300 m (330 yd) long and 40 m (44 yd) wide (about 1 ha or 2.5 acres), no more than 2 m (6.6 ft) high, and barren. It is composed of brokencoral, driftwood, and sand. The light beacon on Low Cay is a 21 m (69 ft) metal tower, painted white with a red top. It emits a focal plane beam of light as two white flashes of light every 15 seconds. The beacon was erected in 1982,[3] and reconstructed by the ColombianMinistry of National Defence in February 2008. It is currently maintained by theColombian National Navy and overseen by the state's Maritime Authority.[4][5]
Bajo Nuevo Bank is the subject ofconflicting claims made by severalsovereign states. In most cases, the dispute stems from attempts by a state to expand itsexclusive economic zone over the surrounding seas.
Colombia currently claims the area as a part of thedepartment ofSan Andrés and Providencia.[6][7] Naval patrols in the area are carried out by the San Andrés fleet of the Colombian Navy.[8] Colombia maintains that it has claimed these territories since 1886 as part of the geographic archipelago of San Andrés and Providencia.[3] This date is disputed by other claimant states, who argue that Colombia had not claimed the territory by name until recently.[9]
Jamaica's claim was largely considered to be resolved since entering into severalbilateral agreements with Colombia. Between 1982 and 1986, the two states maintained a formal agreement which granted regulated fishing rights to Jamaican vessels within theterritorial waters of Bajo Nuevo and nearbySerranilla Bank.[10][11] Jamaica's signing of this treaty was regarded by critics as ade facto recognition of Colombian sovereignty over the two banks.[11] However, the treaty is now extinguished, as Colombia declined to renew it upon its expiration in August 1986.[11]
In November 1993, Colombia and Jamaica agreed upon amaritime delimitation treaty establishing the "Joint Regime Area" to cooperatively manage and exploit living and non-living resources in designated waters between the two aforementioned banks.[12] However, the territorial waters immediately surrounding the cays themselves were excluded from the zone of joint-control, as Colombia considers these areas to be part of its coastal waters.[13][14] The exclusion circles were defined in thechart attached to the treaty as "Colombia's territorial sea in Serranilla and Bajo Nuevo", even though the treaty mentioned the dispute over territorial waters.[15][11] The agreement came into force in March 1994.[11]
Nicaragua formerly claimed all the islands on its continental shelf, covering an area of over 50,000 km2 in the Caribbean Sea, including Bajo Nuevo Bank and all islands associated with the San Andrés and Providencia archipelagoes. It had persistently pursued this claim against Colombia in theInternational Court of Justice (ICJ), filing cases in both 2001 and 2007.[9][16] The dispute originated in the debated validity and applicability of theEsguerr–Bárcenas treaty, exchanged with Colombia in March 1928.[9] Nicaragua formally accepted the ICJ's 2012 ruling of Colombian sovereignty in a 2014constitutional amendment.[17]
The United States claim was made on 22 November 1869 by James W. Jennett[18] under the provisions of theGuano Islands Act.[19] Most claims made by the U.S. over theguano islands in this region were officially renounced in a treaty with Colombia dated September 1972.[20] However, Bajo Nuevo Bank was not mentioned in the treaty, and Article 7 of the treaty states that matters not specifically mentioned in the treaty are not subject to its terms. The United States considers the bank aninsular area.[19][21]
Honduras, before itsratification of amaritime boundary treaty with Colombia on 20 December 1999,[22] had previously also laid claim to Bajo Nuevo and nearby Serranilla Bank. Both states agreed upon a maritime demarcation in 1986 that excluded Honduras from any control over the banks or their surrounding waters.[23][24][25] This bilateral treaty ensured that Honduras implicitly recognized Colombia's sovereignty over the disputed territories. Nicaragua disputed Honduras's legal right to hand over these areas before the ICJ.[26][27]
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