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Falklands Sovereignty is Not Up for Discussion With Argentina

The Falkland islandsThe Falkland islanders want to be left in peace to choose their own future. Falkland Islanders have recently found themselves being used for propaganda purposes by the Argentine government.

As usual, it has involved historical inaccuracies and has rejected our fundamental right to self-determination. On these pages last week, Alicia Castro, the new Argentine ambassador to the United Kingdom, provided examples of such spin.



She said that Great Britain took the islands “by force” in the early 19th century, before asking: “Who is interested in prolonging this conflict today?” I’d like to respond to Mrs Castro, because 30 years on from the Falklands War, it is time for the views of the islanders to be heard.

The distorting of the early history of the islands by Argentina is nothing new for us. One of the most frequently used untruths refers to the supposed expulsion of an Argentine civilian population by Britain in 1833. According to Mrs Castro, “Britain expelled the Argentine authorities and population from the islands.” This is incorrect.

The people expelled were in fact an illegal Argentine military garrison, who had arrived three months earlier, ignoring the fact that Britain had claimed the islands in 1765 – long before Argentina even existed as a country.

The civilian population in the islands, who had sought permission from Britain to live there, were invited to stay. All but two of them, with spouses, did so.

It is important to remember that neither the Falkland Islands government, nor the British government, has ever actively pursued a policy of hostility towards Argentina.

For more than a decade, the Argentine government has been adopting a raft of economic sanctions designed to stifle the economy of our islands and intimidate the 3,000 residents. It is Argentina that clearly disregards the principle of settling peaceful disputes, as demonstrated by these aggressive tactics.

The Falkland Islands government seeks, as it always has, to develop nothing but neighbourly relations with Argentina in areas of mutual interest.

In fact, in the 1990s we entered into joint agreements with Buenos Aires, which covered a range of areas, including hydrocarbon exploration, sustainable management of fish stocks and transportation links.

But co-operation has proved impossible in recent years. In 2007, despite the Falkland Islands upholding its side, Argentina tore up the agreements and unilaterally withdrew from them, arguing for full Argentine sovereignty to be brought to the table.

As far as we are concerned, sovereignty is not up for discussion. We have been living, cultivating and developing these islands for nine generations, so why should it be?

The rights and wishes of the islanders are paramount. The principle of self-determination is sacrosanct, and is enshrined by the UN, an institution that Argentina herself often uses to provoke debate about the future of our islands.

UN Resolution 2065 clearly states: “All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” In October 2008, a UN committee rejected the claim that a dispute over sovereignty affected self-determination, confirming that self-determination is “a fundamental human right”.

Our community has been formed through voluntary immigration and settlement over the course of nearly 200 years. We are a global community, and people from around the world have made the islands their home.

At our last census, more than 60 nations were represented here. Falkland Islanders are a peaceful, hard-working and resilient people. Our society is thriving and forward-looking.



We are financially self-sufficient, self-governing in all areas except for defence, and very much masters of our own future. All we ask is to be left in peace to choose our own future, and to responsibly develop our home for our children and generations to come.

Sharon Halford is a member of the Falklands’ Legislative Assembly

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9 Comments In This Article   

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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#9 Lewis Graham » 2012-05-06 03:33

"Uti Possidetis Juris" is not accepted by international law, I direct your attention to the Chinese/Japanes e islands issue, if the UN accepted right by proximity then why does China or Japan not undoubtedly legally own all the islands they claim in Asia?
May I also so point out that the suggested right of proximity by the UN is 200 miles from the territory claiming it, the Falklands Islands are over 250 miles away outside the recognised borders that are Argentina, for this reason your country purposely rewrote the the proximity right to include territorires "That appeared to be Argentine"
The UN in 1982 passed UNSC Resolution 502 Article 51 the right of self defense of territory, Article 51 can only be implemented if the country is legally recognised as defending its own territory against an aggressor, UNSC 502 in its own way was the UN saying that the Falklands were British and Britain can defend them with force if needed.
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#8 Ed Webb » 2012-05-04 09:38

The land beneath the feet of the Islanders belongs to them, as Ms Halford points our 'We have been living, cultivating and developing these islands for nine generations', Argentina has no real use for this land other than to stroke their nationalistic ego. Though the resources of the South Atlantic should be shared, and they were going to be before the current Kirchner regime tore up agreements for their own political means, 50% west of the Islands and 33% east sounded pretty fair! Hopefully when a more moderate administration gets into power in Argentina the two countries can get back on track with a more productive relationship. The current climate created by the Kirchners has made that impossible for now.

Anyway this was a lot of words I really should have used for my uni essay, which funny enough is actually on post-colonialis m and how texts reflect dominant ideologies to militate against them so I guess its kind of relevant!

Ed
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#7 Ed Webb » 2012-05-04 09:34

This issue also runs deeper for me because its reflective of all I hate about world politics and the amount of power we place in the nation state, on one side you've got this neo-fascist Government in Argentina who are just using the nationalistic fervour surrounding this issue for their own political means, whilst the British Government are just using the Islanders, shielded with their right to self-determinat ion, as the corner stone to their greater claim of the natural resources of South Atlantic, and even more importantly the Antarctic. Thatcher was fully prepared to sell the islanders up the river just like she did the people of Diego Garcia, until it served her purpose.
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#6 Ed Webb » 2012-05-04 09:31

Maybe 'drivel' is a bit harsh, your obviously an intelligent person but I do take issue with the conclusion you come too, mainly the statement 'The current inhabitants of the Falklands are supplanting interlopers from the United Kingdom', and your agenda to get this conclusion. I have done plenty of research on this subject, and I've read and heard everything your wrote here before, its freely available in English and Spanish, but the history is just too muddled and open for interpretation to be able to come to such a conclusive decision. For instance you refer to the Nootka Sound Convention of 1790 but don't mention the Arana-Southern Treaty of 1850, neither refer directly to The Falklands but both could be interpreted as each respective party giving up their claim.
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Ed Webb

RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#5 Frank Taylor » 2012-05-04 00:07

I'm sorry too Ed. But if you do some research you will find that my comments are correct and not 'drivel' at all.
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Frank Taylor

RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#4 Ed Webb » 2012-05-03 23:20

Sorry Frank but that is some rather subjective drivel your spewing there, you could do the same and dive into history to create a strong case for the British side. Though none of it matters, the Islanders want to remain British so therefore they will, there isn't much point going any further into it.
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#3 Frank Taylor » 2012-05-03 20:16

Under international law there are territorial limitations to the right of self-determinat ion for populations of non-self governing territories where a pre-colonial claim of sovereignty exits. This is the case for the Falkland Islands.

The current inhabitants of the Falklands are supplanting interlopers from the United Kingdom. As such only their interests, not their wishes (as the right to self-determinat ion would involve), need be safeguarded. This has been confirmed by the UN which has consistently referred to the Falkland Islanders as a ‘population' but never 'a people'.

Moreover, even if they were 'a people', this would not automatically give them a right to self-determinat ion that could override Argentina’s title over the Islands. The Falklands is listed by the UN as a territory which still needs to be de-colonised by the UK. The UN has called for discussions between the UK and Argentina to achieve the de-colonisation of the Falklands. Unfortunately, the UK continues to turn a deaf ear to those requests.
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#2 Frank Taylor » 2012-05-03 20:15

Just for the record, Great Britain acknowledged Spanish sovereignty over the Falklands and relinquished their rights to establish colonies on the southern ocean just off the South American mainland by the Nootka Sound Convention of 1790. The British had abandoned the Falklands in May 1774 and from that date until 1811 Spain was in sole possession of the Islands. It's worth noting that in accordance with what had been agreed at the Convention, Britain did not protest Spain's occupation nor did they attempt to occupy the Falklands until 1833 twenty two years after Spanish forces had left the Islands to engage rebel forces on the mainland. These events are critically important as they demonstrate the fact that the British let lapse whatever claim to the Falklands they may have otherwise had.
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RE: Falklands Sovereignty is Not Up for Discussion With Argentina

#1 Frank Taylor » 2012-05-03 20:13

I'm afraid that it's Ms Halford who is distorting the truth. Britain might have claimed the Islands in 1765. However, Argentina has a legitimate claim to sovereignty of the Falklands,by virtue of the principle of uti possidetis juris.

Under this principle of international law, upon acquiring independence, a former colony ordinarily inherits all the territory of that colony. This principle, which has been affirmed repeatedly by the international court of justice, accords pre-eminence to legal title over effective possession as a basis of sovereignty. This is especially the case where effective possession has been acquired through an act of force by a State, as was the case when Britain used force to remove the Argentinian authorities in 1833.
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