Falklands Wars – the History of the Falkland Islands: with particular regard to Spanish and Argentine pretensions and taking some account of South Georgia, the South Sandwich Islands and Britain's Antarctic Territories by Roger Lorton 1

Paper 152

2016 – ????Sisyphus

“... always in dispute, the Falkland Islands controversy can never be decided in

favour of one side against the other, since the consent necessary to establish

sovereignty can only be achieved politically...” 3

◈

This paper is a stub. Incomplete. Covering an undefined period this paper can only be considered as a work in

progress. Although there is no progress. Nor, indeed, is there likely to be. Before the Falklands referendum,

member States of the United Nations had asked how they could know Islander feeling on the question of

sovereignty. After it they knew. That question had been answered and the Falklands decolonization process

became a Sisyphean motion. The same Argentine rock being rolled up the same Argentine hill – year after year.

Repetition, repetition, repetition.

2016 – January 3rd, Argentina issues its annual press release commemorating the events of 1833, copied to

the Secretary-General of the UN.

“Since its beginnings as an independent nation, the Argentine Republic has, through government acts, publicly expressed its political resolve to exercise its effective sovereignty over the southern territories and maritime areas which it inherited from Spain.”

January 12th, during a visit to the Falklands, Princess Anne lays a wreath at the 1982 Liberation Monument.

January 21st, Prime Minister Cameron and President Macri meet at Davos.

“The President of the Nation himself declared, in a press conference with foreign correspondents, that the

Islands were Argentine, but that he would try to start a new era in ties with Great Britain. He later added in

Davos that "we are looking for a relationship with all the issues on the table"…” 4

Cameron tells Macri that Britain's position regarding the Falkland Islands had not changed and that the

Falklanders wish to remain British. Argentine Cabinet Chief Marcos Peña speaks to journalists; “Malvinas was

left as an issue to address. Clearly we have a difference, and each has its position”

1 Falklands Wars – the History of the Falkland Islands: with particular regard to Spanish and Argentine pretensions and taking some account of South Georgia, the South Sandwich Islands and Britain's Antarctic Territories Roger Lorton LL.B(Hon), M.Phil. 2011 – 2019. Roger Lorton has asserted his rights under the Copyright, Designs and Patents Act 1988 to be identified as the author of this work.

2 Citation = Lorton, Roger. Falklands Wars: Timeline History of the Falkland Islands. Wordpress 2011 Paper 153 The British in Argentina: Commerce, Settlers & Power 1800-2000 David Rock 20184 Malvinas: Un Nuevo Enfoque en la Relacion con el Reino Unido Vicente Berasategui in Malvinas y la construcción de

un reclamo soberano: pasado, presente y futuro Bologna (et al.) 2017 citing La Nacion January 21, 2016

1

January 27th, at the fourth summit of the Community of Latin American and Caribbean States in Quito,

Ecuador, a statement is issued supporting the “... legitimate rights of the Argentine Republic in the sovereignty

dispute over the Malvinas Islands ...” and welcoming; “... the new initiative to request the Secretary-General of

the United Nations to renew his efforts to carry out the mission of good offices entrusted to him by the General

Assembly through successive resolutions, with a view to achieving the resumption of negotiations ...” 5

February 15th, Britain's Defence Secretary Michael Fallon, visits the Falklands and Mount Pleasant military

base, where he speaks to the press.“... the sovereignty issue was settled more than 30 years ago.” 6

“According to reports that appeared in the British press, Fallon's trip would have "irritated" the Foreign and

Commonwealth Office (FCO), as it seemed "bellicose" and would make it "more difficult" to negotiate with

Buenos Aires. Once again, as was the case with negative results on different occasions during the negotiations

between 1966 and 1982, this difference between the British political leadership and diplomacy damages a

process that is just beginning, to get bilateral relations on the right track.” 7

# Researcher's Comment: In December, 1994 the then Secretary of State for Foreign & Commonwealth Affairs,

the Right Honorable Douglas Hurd had said that the question of sovereignty was “in effect” settled. The word

'settled' was also used by the Deputy Prime Minister in 2012 and the British Ambassador to Argentina, Mark

Kent, in 2018 who would be criticised for referring to the term on social media on more than one occassion.

February 18th, in Argentina, former Foreign Minister Dante Caputo, suggests that his country should aim to

convince the Falkland Islanders to negotiate sovereignty by 2033.

February 25th, former Uruguayan President, Luis Alaberto Lacalle, visits the Falkland Islands; “Falklands

people voice must be heard.”

“The press release reaffirmed Uruguay’s diplomatic position of supporting Argentina’s sovereignty claim over the Islands, but stated that it was in both Uruguay’s and the Falkland’s interest to strengthen the ancient economic and cultural ties. ... he reiterated the sovereignty issue remained that of Britain and Argentina, but he added the Falkland’s “voice must be heard”. He noted, however, that Uruguay was completely ‘independent’ in its decisions, welcoming a better relationship with the Falklands and an increase in trade. He added that the “ultimate goal” would be to establish a direct air-link between Montevideo and Stanley; a proposal he first made during his presidency, but one which ultimately faileddue to “tremendous pressure” from the Argentine Government.” 8

February 27th, Argentine President Mauricio Macri meets Pope Francis at the Vatican. 9

“Pope Francis (from Argentina) received Argentina’s President Mauricio Macri and the provincial governor of

Tierra del Fuego, who presented their host with soil and pebbles brought from the Malvinas (the Malvinas and

other South Atlantic islands are considered part of Tierra del Fuego according to the Argentine Constitution

and so the gift carried considerable geopolitical significance.” 10

5 Note verbale dated 23 February 2016 from the Permanent Mission of the Dominican Republic to the United Nations. UN Document A/70/61. It is not clear what new initiative was being referred to.

6 See December, 1994, March, 2012 & January 20187 Berasategui 20178 Mercopress February 26, 20169 Buenos Aires Herald February 27, 201610 Going Underground: Banal Nationalism and Subterranean Elements in Argentina’s Falklands/Malvinas Claim Matthew

C. Benwell 2017 p.8

2

March 3rd, in Buenos Aires, the Malvinas Islands Secretariat of the Argentine Government is downgraded to an

'under-Secretariat'. 11

March 9th, Phyllis Rendell, a member of the Falkland Islands Government (FIG) visiting Paraguay, repeats that

the sovereignty issue has been settled.

“We're not going to discuss sovereignty, not with the government of Macri, or anybody for that matter. The sovereignty issue was settled and there is no room for discussions, it's British sovereignty. Sovereignty was settled in a war following the military invasion of the Islands by Argentina, the issue is over and gone.”

Argentina's Ambassador to Paraguay responds to the press reports.

“The visit of the lady, a British tourist represents an unnecessary provocation particularly when Argentina wants to negotiate, wants to dialogue. The British tourist came to talk about war, about violence, not us. Argentina will not talk about war or violence. President Macri has been very clear thatdialogue is the way forward” 12

At the UN, the Secretariat produces its annual working paper on the Falkland Islands.

“By its resolution 58/316, the General Assembly decided that the item entitled "Question of the Falkland Islands (Malvinas)" would remain on the agenda for consideration upon notification by a Member State. As at the date of the issuance of the present paper, no such notification by a Member State to the Assembly had been received.” 13

March 29th, Argentina's Foreign Ministry presents its interpretation of decisions by the UN's Commission on

the Limits of the Continental Shelf (CLCS), implying that the UN body has approved an extension to Argentine

territory that surrounds the Falklands archipelago. 14

“Although we wish it were so, none of these statements is correct.” 15

The Falkland Islands Government responds.

“Argentine statements which suggest that the sovereign position in the Falkland Islands has changed asa result of this decision are wholly misleading.”

“The Foreign Ministry publicised a map on 28 March suggesting the whole Argentine submission had been

endorsed. The Argentine and British press produced incorrect headlines about the UN approving Argentine

claims to sovereignty over the Falklands. Nothing remotely justified these headlines. The maps released on 23

May 2016, in the Commission’s Summary of the Recommendations show two sectors had been endorsed. The

first runs, from the Rio de la Plata boundary with Uruguay, south to the boundary of the waters around the

Falklands. The other is a tiny area south of Tierra del Fuego and Staten Island. All data about the shelf around

the disputed islands and adjacent to Antarctica was completely ignored and no boundaries for these areas

were endorsed.

11 Formerly headed by Daniel Filmus under the Cristina Kirchner Presidency.12 Mercopress March 11, 201613 UN Document A/Ac.109/2016/6. My emphasis. cf. 200414 The maps produced during the presentation and in subsequent press reports actually dated from Argentina's initial

submission to the CLCS and were not those approved by the UN Commission, which did not issue its report until May.15 Algunas Precisiones sobre la Plataforma Continental Argentina y la cuestión Malvinas Dr. Luciano Pezzano (undated)

(15.6.2020?)

3

It remains a mystery how professional staff in the Argentine Foreign Ministry could fail to appreciate what

was happening in the Commission. It was clear for over six and a half years, from August 2009 to March 2016

that the Commission would not and could not approve the whole submission. An even more important question

for the Argentine political system is to ask how the Foreign Minister, Susana Malcorra, and her Deputy, Carlos

Foradori, were so misled by the diplomats.” 16

In April, journalists from Belize, Costa Rica, El Salvador, Honduras and Panama visit the Falklands.

May 12th, following a meeting in London between Argentina's Foreign Minister, Susana Malcorra, and the

British Foreign Secretary, Philip Hammond, a spokesman for the Foreign Office confirmed that the UK's position

regarding the Falkland Islands remains unchanged; “... the 2013 referendum gave a confirmation of the

Islanders’ wish to remain a UK Overseas Territory.” Speaking for Argentina's Ministry, another spokesman said

that the two countries agreed on the need for further cooperation in the South Atlantic and connections between

the Continent and the Islands.

May 23rd, the United Nations' Commission on the Limits of the Continental Shelf publish their report on

Argentina's submission for an extension to its sovereignty over the continental shelf.

“... the Commission made public its recommendations and only a small proportion of the Argentine claim was endorsed... the Commission (refused) to endorse the Argentine claim to the shelf around the islands controlled by the United Kingdom, and to a part of Antarctica.” 17

“The Commission on the Limits of the Continental Shelf (CLPC) of the United Nations approved by consensus the Argentine recommendations, presented in 2009, regarding the external limit of the continental shelf, after ten years of work. The Commission did not rule on the limits in the Falkland Islands (Malvinas Islands), South Georgia and the South Sandwich Islands… Some analysts consider thatthe event was a new success of Argentine diplomacy, maybe, the most significant diplomatic success in Argentina since Resolution 2065.” 18

June 1st, Foreign Minister Malcorra speaks to the press.

“... we have to be cautious, our differences are with the UK, and as such we must maintain links through the bilateral relations with UK. That said, I believe there is an opportunity to improve the relation with the inhabitants of the Islands and we are exploring available options...” 19

June 2nd, at the Special Committee on Decolonization's Pacific Regional Seminar in Managua, Islander Krysteen

Ormond speaks to the Committee.

“The Falkland Islands are economically self-sufficient; we raise our own taxes, and we fund our own services. We don’t send taxes or other funds to the United Kingdom Government, and nor do we receive large subsidies at the expense of the UK tax-payer as some might have you believe... In our 2012 Census, people of the Falkland Islands represented 36 national identities and 60 countries of birth. We are a truly multicultural society, with communities from the Philippines, Chile, Zimbabwe, Argentina and Russia (to name but a few) all living happily alongside one another. English is our official language, but as with any bustling capital city, a walk through the streets or the supermarket will lead

16 Delimitation of the Argentine Continental Shelf Prof. Peter Willetts 2016.17 Willetts 201618 Åland Islands: lessons for the conflict of the Falkland Islands (Malvinas Islands)? S. G. Eissa 2019 in Vestnik of Saint

Petersburg University. International Relations 2019 vol.12 issue 2. This author did not identify the analysts concerned. 19 Mercopress: South Atlantic News Agency June 2, 2016

4

to the sounds of other languages including Tagalog, Spanish, Georgian and Shona, mingling together. This multicultural society is a clear representation of the organic nature of settlement; people will comefrom afar to a new place, build a life and build their home. ... We are a people with our own unique background, and our own unique culture which draws on the diverse, shared heritages of the nationalities that have settled here... The people of the Falkland Islands are just that: we are a people...”

June 10th, Argentina issues its annual statement commemorating the decree of 1829; “Exercising Argentine full

sovereignty over the Malvinas, South Georgia and South Sandwich Islands plus adjoining maritime spaces,

respecting the way of life of its inhabitants and in conformity with international law, remains a standing

inalienable objective of the Argentine people, as established in the First Transitory Clause of the national

constitution.”

June 14th, the 34th Liberation Day is celebrated by the Falkland Islanders.

June 23rd, in the UK, a referendum is held on whether to remain or leave the European Union.

On the same day, at the UN, the Special Committee on Decolonization commences its annual review of the

Falkland Islands. 20 Falklands Legislative Assembly members representing the people of the Islands are Michael

Summers and Gavin Short, the latter refusing to shake hands with the Argentine delegates

“The reality in the Islands continues to be one of rejection of Argentina. ... They oppose, as they have always

done since 1982, any step that facilitates direct communication with the mainland. There are several examples

that could be remembered, but it is enough to mention the last one, which took place on June 23 last, during the

meeting of the Committee of 24 at the United Nations, when one of the islanders present refused to shake hands

with our Chancellor.” 21

Petitioners for Argentina are Alejandro Betts and Maria Angelica Vernet.

MLA Michael Summers speaks to the Committee.

“The new Government of Argentina had made some encouraging remarks about its approach to the Falkland Islands, but nothing had changed. The Falkland Islands hoped that Argentina would soon feel able to dismantle its barriers to trade, cooperation and good neighbourliness. The Falkland Islands government remained willing, together with the United Kingdom, to enter into dialogue to find ways of working together for the benefit of future generations. Such dialogue did not include discussions on sovereignty. After 160 years, the Falkland Islands were no longer a colony of the United Kingdom and they had no intention of becoming a colony of Argentina.” 22

Summers is followed by MLA Gavin Short.

“MLA Short gave an impassioned speech stating "when it comes to the political future of the Falklands neither the United Kingdom nor Argentina really matter…it’s about us, the people of the Falkland Islands and… we are the only people who can say what we want for our future". … Both MLA Summers and Short invited the Committee to send a delegation to the Falklands, as they have done during previous speeches at the C24, to see for themselves the realities of life in the Falklands and to see "that we are not a colony"...” 23

20 UN Document A/71/23. Also working papers A/Ac.109/2016/621 Brexit and its impact on the sovereignty controversy in the South Atlantic Ambassador Vicente Berasategui in Telam July

1, 201622 UN Document A/Ac.109/2016/SR.923 Falklands Defend their Right to Self-Determination at the UN Decolonization Committee in New York in MercoPress

5

Argentine Petitioner, Alejandro Betts informs the Committee that: “Argentine sovereignty over the territory

was based on a historical title inherited upon independence from Spain prior to the British colonization of the

Malvinas Islands.” Another Argentine Petitioner, Maria Vernet says; “... the documentation in the national

archives showed that Vernet had exercised Argentine sovereignty over the Malvinas Islands between 1824 and

1832. The settlement, whose population had been predominantly Argentine, had subsequently been dispersed

and displaced by British immigrants in 1833.” 24

After Chile’s representative introduces the annual draft-resolution calling for sovereignty talks, Argentina's

Foreign Minister, Susana Malcorra, addresses the Committee.

“... the principle of self-determination, like any other principle, is not absolute. It cannot violate the territorial integrity of existing States. This is why self-determination does not apply to the current inhabitants of the Malvinas Islands, who are not recognized as a "people"... the resolutions on the Question of the Malvinas Islands make no reference to the principle of self-determination. Furthermore,in 1985 the General Assembly rejected two amendment attempts aimed at incorporating a reference to the self-determination in the resolution over the question of the Malvinas Islands...” 25

# Researcher's Comment: Self-determination is a human right, not a principle although the choice of word is

intriguing. Britain had used the same term before 1970 when UN GA resolution 2625 determined that self-

determination was a right. Britain, admittedly reluctantly, recognised the right after 1975. It would seem that

Argentina is still in denial. All resolutions on the Falklands have referred to UN GA resolution 1514 of 1960

which determined that all peoples, without exception, had the right of self-determination. Britain's 1985

amendments were defeated, but only on the basis that the resolutions already contained sufficient safeguards

with regard to self-determination.

As in previous years, the committee adopts the draft-resolution without a vote. 26

June 24th, the results from the UK's referendum on its continued membership of the European Union are

announced. 51.9% of the population have voted to leave.

“A large part of the Falkland Islands’ recent economic prosperity can be attributed to the UK’s membership of

the EU. The Falkland Islands government estimates that the total sales of fish, meat and other agricultural

products produced in the Falklands to the EU is valued at £180 million per annum, meaning that the EU is the

largest single market for Falklands products globally, accounting for 70 per cent of total GDP... In the

aftermath of the UK’s decision to leave the EU, as the security and defence implications of the decision become

clearer, it is critical that the more nuanced and ‘indigenous’ understanding of Falkland Islands security

brought to the surface during the referendum process should not only remain, but increasingly influence the

UK’s South Atlantic security framework.” 27

“It is obvious then that Brexit will not only hit islanders in critical sectors of their economy. It will also detract

from their political support among EU members. Could this change in the Islands' expectations have any effect

on greater flexibility on the British side, both in London and in the Islands? It doesn't seem likely. It should be

June 23, 201624 UN Document A/Ac.109/2016/SR.925 cf. 1965, 1985 & 200826 UN Document A/Ac.109/2016/L.727 Brexit and the British Overseas Territories Matthew C. Benwell & Alasdair Pinkerton 2016 in The RUSI Journal, 161:4

8-14

6

borne in mind that the new British Government will have a strong nationalist influence and will therefore

maintain a rigid position on an issue involving claims of sovereignty.” 28

June 27th, members of the International Committee of the Red Cross (ICRC) visit the Falklands to discuss and

evaluate the potential for identifying the remains of unknown Argentine servicemen buried at the Argentine

Military Cemetery near Port Darwin. The ICRC confirm that it has taken time to check with the families of

unidentified servicemen as to their consent.

“We took over two years in order to be sure of the wishes of the families; to check the consent of the families. We established forms and we established methodology in order to contact all of the families and to be sure that these were the wishes of the families, that it was not a political wish of the government.” 29

July 4th, Argentine President Mauricio Macri speaks to the press; “Brexit or not, our claim will never change.”

“... the former diplomat (Andres Cisneros) argued that "even weakened, you can't force the UK to engage in

sovereignty discussions. Not even inside or outside of the EU. And we are far from that. I believe negotiations

will begin in 40, maybe 50 years. First of all we must become an important country so they don't ignore us" …

according to Cisneros, London promised the EU participation in the South Atlantic and Antarctica, based on

British sovereignty rights. "The EU does not have them, the UK does have them. It will become another

negotiation inside the 'divorce', and I'm sure the EU won't want to be left out of Antarctica and the South

Atlantic."...” 30

July 14th, at the UN, the Special Committee on Decolonization publishes its 2016 report. As in previous years,

the Committee does not recommend its own Falklands resolution for adoption by the General Assembly.

In a change to previous practice however, there is no omnibus resolution dealing with the small territories as the

Committee now deals with each separately. 31

July 15th, former Argentine Foreign Minister, Dante Caputo, proposes; “... a truce until 2033, when the 200

years of the British occupation of the Islands. From now on and until 2033, nobody talks about sovereignty,

which will protect us from the period being used as a background to consider we should abandon the claim...

The multilateral path no longer yields a result...” 32

August 29th, in an interview with Buenos Airean newspaper, Clarin, Argentina's Ambassador to the UK

confirms that there are no negotiations taking place.

“Currently there are only discussions. … We could be talking of an (airlink) through Buenos Aires, where they can board British Airways and arrive in London fourteen hours later. I think this is the most practical of situations.”

28 Brexit and its impact on the sovereignty controversy in the South Atlantic Ambassador Vicente Berasategui in Telam July1, 2016

29 Argentina's previous President, Cristina Fernández de Kirchner, had accused the UK of delaying the investigation. 30 Mercopress: South Atlantic News Agency June 25, 201631 After 13 years of trying, Argentina had got its wish with the demise of the omnibus resolution and its embarrassing

confirmation that self-determination was a right applicable to all the Non-Self-Governing Territories. cf. 2003, 2005, 2008 & 2015

32 Quoted in Mercopress July 15, 2016

7

September 13th, a joint statement is released by the British and Argentine Governments, following a visit to

Buenos Aires by British Foreign Minister Alan Duncan.

“South Atlantic: In a positive spirit, both sides agreed to set up a dialogue to improve cooperation on South Atlantic issues of mutual interest. Both governments agreed that the formula on sovereignty in paragraph 2 of the Joint Statement of 19 October 1989 applies to this Joint Communique and to its consequences.33 In this context it was agreed to take the appropriate measures to remove all obstacles limiting the economic growth and sustainable development of the Falkland Islands, including in trade, fishing, shipping and hydrocarbons. Both parties emphasised the benefits of cooperation and positive engagement for all concerned.

In accordance with the principles set out in the 14 July 1999 Joint Statement and Exchange of Letters, both sides agreed that further air links between the Falkland Islands and third countries would be established. In this context they agreed the establishment of 2 additional stops per month in mainland Argentina, one in each direction. The specific details will be defined.

Both delegations expressed their full support for a DNA identification process in respect of unknown Argentine soldiers buried in the Darwin cemetery. Discussions on this sensitive humanitarian issue will be taken forward in Geneva on the basis of an International Committee of the Red Cross (ICRC) assessment supplemented by bilateral discussions as required. Both sides agreed that the wishes of the families concerned were paramount. 34 Both sides agreed to establish a date for a fuller meeting as soonas possible.” 35

Britain's Minister, Sir Alan Duncan, comments; “... pleased we have agreed the Falkland Islands are free to set

up flight connections with other countries in the region. A monthly stopover in Argentina will see a further

arrangement similar to that which exists already... the South Atlantic Dialogue will seek to build cooperation

in areas of mutual interest, but this does not include the issue of sovereignty, a point which the UK believes in

strongly, … there can be no dialogue on this unless the Falkland Islanders so wish.”

“In the joint declarations concluded in Madrid36, the so-called "umbrella" of sovereignty was agreed, ... Given

the impossibility of negotiating sovereignty, for which it is solely responsible, the United Kingdom argues, even

today, that it is best to forget that question and deal with other practical issues that allow developing bilateral

cooperation. In other words, the problem that matters most to Argentina, the sovereignty dispute in the South

Atlantic, it must be put aside, while the United Kingdom maintains its unilateral measures in the Southwest

Atlantic, supported by a strong military presence and a downright threatening rapid deployment system.” 37

“The joint communiqué, signed by the vice-chancellors Carlos Foradori and Alan Duncan, presents significant

drawbacks for the historical Argentine position: although it includes a mention of the so-called "sovereignty

umbrella" of 1989, which preserves the legal positions of the parties, does not expressly refer to the sovereignty

dispute, but to "economic growth and development sustainable" of the Falkland Islands as an autonomous

unit. … As it is an international agreement, it is unconstitutional, since it has not been approved by the

National Congress.” 38

33 This refers to the 'sovereignty umbrella'. See 1989.34 See 201735 Policy Paper: UK and Argentina joint communique: 13 September, 2016 FCO September 14, 201636 1989 & 199037 Berasategui 201338 Daniel Filmus in Malvinas: Una Cause Regional Justa 2020 (CLACSO) p.25 & 26

8

“In light of the theory of sources of international law, no doubts remain that the Joint Communiqué is an

international treaty.” 39

From Stanley, the Falkland Islands Government issue a statement.

“The Falkland Islands Government (FIG) welcomes the agreement by the Argentine Government to remove all obstacles limiting the economic growth and development of the Falkland Islands. We look forward to removal of sanctions on hydrocarbons, fisheries, shipping and tourism. We look forward to seeing tangible signs of improvement in these areas. FIG has been exploring the possibility of additional flights to the Falklands from a third country in South America for some time. An agreement to progress this commercial venture is helpful. As stated in the joint communique, the principles of such flights were agreed in the 1999 Agreement. Any future stopover in Argentina will operate in the same way as the current LATAM flight from Santiago.”

“The United Kingdom asserts that the text of the joint communiqué makes no mention of resuming negotiations

on sovereignty and reiterates the need for the involvement of the Falkland Islanders in any discussion on this

issue. … The Government of Argentina was of the view that the joint communiqué was a road map –

pragmatic in nature and non-binding – which reflected the political intent of the parties to re-establish a

dialogue on all matters relating to the South Atlantic, without exclusions, under the sovereignty umbrella

formula.” 40

September 16th, in Buenos Aires, Deputy-Minister Carlos Foradori tells Clarin that the 'Joint Comminque' is:

“... not an agreement.”

September 19th, Argentine Senate provisional-President Federico Pinedo speaks to the press.

“What the government did was a statement, not even an accord, and it's not a treaty. The statement refers to several issues, and each of them requires a specific accord to become operational.” 41

September 20th, in his first speech to the United Nations, President Macri calls for negotiations with the UK on

the issue of Falklands' sovereignty.

September 28th, Carlos Foradori tells Argentina's Lower House Foreign Affairs Committee that nothing was

signed when he met with Britain's Sir Alan Duncan.

September 30th, Argentine philosopher, Carlos Escude, is interviewed on radio.

“... we have the same right to recover the Falklands as Paraguay has to recover Formosa or the Indians the Mar del Plata... if all countries which lost territory over the past centuries tried to recover them, the world would become chaotic and would not last 5 minutes. Why do we have rights to the Falklands? We suffered a seizure, but we also usurp. When the British occupied the Falklands, Mar del Plata was held by Indians. The Falklands did not have an indigenous population. The first to settle there were the French and two years (sic) later came the English. The Spanish purchased from the French for a sum of money. Argentines were brainwashed.” 42

39 La problemática jurídica y política de la cuestión Malvinas Armando Daniel Abruza in Malvinas: Una Cause Regional Justa 2020 (CLACSO) p.44

40 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

41 Mercopress: South Atlantic News Agency September 20, 201642 Quoted in MDZ: Politica September 30, 2016. Escude was formerly an adviser to Argentine President Guido di Tella.

9

October 3rd – 10th, at the UN, the Fourth Committee commence its annual consideration of the work of the

Special Committee for Decolonization. A number of speakers refer to the situation of the Falkland Islands. Some

welcome new negotiations between Britain and Argentina, some call for negotiations to start and Argentina

states that the right of self-determination is not applicable to the Islanders.

Exercising the UK's right of reply, a British spokesperson tells the committee that; “... his Government was in no

doubt about its sovereignty over the Falkland Islands (Malvinas), South Georgia Islands, South Sandwich

Islands and the surrounding maritime areas. Nor was it in doubt about the Falkland islanders’ right to self-

determination. There could be no dialogue about sovereignty unless the Falkland islanders so wished, he

emphasized, saying Argentina should respect the results of the 2013 referendum. He went on to state that

exploring for hydrocarbons off the islands was a legitimate commercial venture over which Argentine

domestic law did not apply.” 43

On the last day, the Fourth Committee approve 20 texts for forwarding to the General Assembly for adoption.

With no recommendation from the Special Committee for its Falklands resolution, this is not among them. No

further action is taken upon this question. 44

“… I am puzzled by an initiative taken by several political leaders of the opposition, during the electoral

process that we experienced last year, to bring the issue to the General Assembly, without taking into account

all the background that comes to mention. Do you believe that the General Assembly has the authority to

impose on the parties a solution to a territorial dispute? The reality is that the General Assembly does not

negotiate such disputes and generally only endorses international treaties after they have been negotiated by

ad hoc conferences or meetings. The General Assembly is basically a deliberative body, as the United Nations

Charter itself clearly expresses.” 45

October 5th, Minister Susana Malcorra is summoned to the Argentine Senate explain the joint statement.

“I don't believe in the seduction policy. Diplomacy is sitting face to face taking into account the country's interest to try and find diagonals that help find solutions,.. we have generated a wide dialoguespace with the UK, which is very positive, and the first time in many years it was stamped in a joint statement, and in a language which refers to the sovereignty clause... and we can agree or disagree in the path to follow but under no circumstances are we yielding in the sovereignty principle over the Islands, as was clearly exposed in the Decolonization Committee, C24... we are convinced that instead of the confrontation policy of recent years, it is worth while opening a dialogue space to find ways to approach the issue and eventually to facilitate a solution to the bottom question... any accord linked to hydrocarbons or fisheries will be dealt by Congress … For us sovereignty is not an issue that involves the inhabitants of the Islands, since it is territorial. But we must recognize the way of life of the those inhabitants.” 46

Malcorra adds that the UK has agreed to discussions on all issues, “without exception.”

“More specifically Malcorra again underlined that the statement emphasizes the benefits of cooperation and a

joint commitment, but also warned that the issue is highly sensitive for Argentines, and should not be

bastardized by appealing to those sentiments, for whatever reason... The minister finally said that the joint

43 UN Press Release GA/SPD/607 October 3, 201644 Fourth Committee Press Release GA/SPD/612. cf. 1989 & 199045 Berasategui 201746 Quoted in Mercopress: South Atlantic News Agency October 6, 2016

10

statement includes a first intention to advance towards a discussion ... a solution to the sovereignty dispute

will not be immediate but that is how things are.” 47

October 10th, concluding its consideration of decolonization issue, the UN's Fourth Committee approved 20

draft resolutions for adoption by the General Assembly. For the 28th year, there is no Falklands resolution and for

the 1st year, no omnibus resolution.

October 14th, following an announcement of military exercises to take place on the Falklands between the 19th

and the 28th October, Argentina sends a letter of complaint to the UN's Secretary-General.

“As you are aware, the Argentine Republic has repeatedly expressed to the international community its concern regarding British military deployments in the Malvinas Islands. This situation is creating unnecessary and unjustified tension in the South Atlantic, which has been declared a zone of peace by the legitimate littoral States of this ocean. The conduct of these military exercises in Argentine territory unlawfully occupied by the United Kingdom is contrary to numerous United Nations resolutions that urge the two countries to resume negotiations, in order to find a peaceful and definitive solution to this protracted sovereignty dispute. …

This new unilateral action on the part of the United Kingdom not only contrasts with the permanent willingness of the Argentine Republic to settle the sovereignty dispute by peaceful means, in accordance with international law and the relevant resolutions of the United Nations, but also jeopardizes the development of a constructive dialogue to improve cooperation on all South Atlantic issues of mutual interest, as expressed in the joint communiqué issued by both Governments on 13 September 2016.” 48

October 20th, protesters in Buenos Aires, burn union flags in front of the British Embassy.

November 10th, at a conference on Argentine foreign policy, held at the Torcuato Di Tella University, Foreign

Minister Susana Malcorra tells her audience that Argentina cannot go on ignoring the Islanders.

“Denying the existence of the (question) only impedes advancing a solution for the Malvinas issue. The opportunities to hold meetings are to solve problems... we believe that the Malvinas question should notbe an impediment. Links with the UK are very important, since the UK is a major player in world affairs and has historic links with Argentina.” 49

“Malcorra said that historically the Argentine position was not to acknowledge for this case in particular the

self determination of peoples, because 'kelpers' are a transplanted population, not aborigine. The UK supports

the opposite (view) and a few years ago encouraged the Islanders to hold a referendum to vote if they wished

to continue as British citizens, and Argentina obviously ignored the result.” 50

December 9th, the International Committee of the Red Cross (ICRC) announce talks between the Governments

of the UK, Argentina and the Falkland Islands with regard to the identification of those Argentine servicemen

buried at the Military Cemetery whose names are not known.

December 19th, Anglo-Argentine talks continue in London with representatives from the Falkland Islands

Government in attendance.

47 Mercopress: South Atlantic News Agency October 6, 201648 UN Document A/71/553. The Argentine navy had conducted similar missile tests in February, 2016.49 Quoted in Mercopress: South Atlantic News Agency November 10, 201650 Ibid.

11

December 21st, an agreement with regard to the identification of those unknown servicemen buried at the

Argentine Military Cemetery near Port Darwin is signed in London.

“Under the agreement signed by British Foreign Office Minister Alan Duncan and Argentina's Vice Foreign Minister Pedro Delgado, forensic experts from the International Committee of the Red Cross will take DNA samples from the soldiers' bodies. They will then compare the DNA with that of consenting relatives, the statement said. There are 123 unknown soldiers buried in the Falkland Islands,though not all families of the deceased have given consent for DNA testing. … Both countries also agreed to consult with airport authorities in Brazil and Chile to link more flights to the islands, located about 435 miles off the coast of southern Argentina.” 51

On the same day, comments by the Argentine Minister Villagro Delgado to the press suggest that an accord may

be reached on a joint fishing agreement for the South West Atlantic. In accordance with UN resolution 50/24 of

December, 1995. 52

“… another serious reason why said treaty should not be ratified by the Argentine Government resides in the

circumstance that the establishment of an RFMO in the Southwest Atlantic would create a legally and

politically inadmissible situation, with unpredictable results for the Argentine Republic recognising the illegal

British occupation of the Falkland Islands, South Georgia and South Sandwich and surrounding maritime

spaces. ... Such a situation nature could not be ignored, even if reservations were made of sovereignty,

declarations or other objections by the Argentine Government in relation to the British presence. The United

Kingdom or the alleged colonial government (FIG) would obtain recognition as such by other Member States

of that (regional) organization or parties to the subregional arrangement, giving place to a hardly reversible

process that will have as consequence undermine the territorial and maritime sovereignty of the Argentine

Republic in the South Atlantic and which would carry other consequences… it would be desirable for the

Executive Power to formally communicate to the Depositary of the New York Agreement that the Argentine

Republic does not intend to become a party to said instrument53 or that it withdraws its signature. In our

opinion, the Legislative Branch, for its part, should proceed to repeal Law 25,290, approving the New York

Agreement.” 54

December 23rd, Britain's Prime Minister, Theresa May, sends a Christmas message to the Falkland Islanders.

“We remain resolutely committed to your right to self-determination – on which you made clear your firm position in the referendum 3 years ago. A better relationship with Argentina is in everyone’s interests, and in time, I hope you will reap the rewards through benefits to your economy, improving trade and tourism, and developing your hydrocarbons and fisheries industries.”

December 28th, Argentina's Chamber of Deputies inaugurates a Malvinas Observatory, comprising 7

lawmakers and 7 academics with the purpose of collecting information and debating the disputes over the South

Atlantic islands. 55

51 Reuters: Africa December 21, 201652 See 1995 & 200053 UN resolution 50/2454 La problemática jurídica y política de la cuestión Malvinas Armando Daniel Abruza in Malvinas: Una Cause Regional

Justa 2020 (CLACSO) p.64-65. Argentina’s Nacional Congress had authorised the UN resolution in 2000 (law 25.290) but, two decades later, the Executive has still not ratified that legislation.

55 An earlier Malvinas Observatory had been created by Congress in June, 2006. What happened to it isn't very clear.

12

2017 – January 3rd, Argentina issues its annual press release commemorating the events of 1833; “Today

marks the 184th anniversary of the usurpation of the Malvinas Islands. ...” 56

January 25th, following a complaint of malicious damage being caused to the image of the Virgin of Lujan, at

Argentine Military Cemetery, the Falkland islands police commence an investigation. According to reports, the

case housing the image of Argentina's patron Saint has been entered and the statue damaged. 57

February 17th, Britain's Foreign Secretary, Boris Johnson, and Argentina's Foreign Minister, Susana Malcorra,

meet briefly on the periphery of a G20 ministerial summit in Bonn, Germany. In a press release, Argentina's

Foreign Ministry claims that Malcorra raised the issue of the Falkland islands but that it is evident that “very big

differences” separate the two sides. The UK's Foreign and Commonwealth Office does not comment.

February 22nd, at the UN, the new Secretary-General, António Guterres, addresses the Special Committee.

“17 Territories remain Non-Self-Governing Territories. We want to reaffirm the commitment of this Special Committee to assist each Territory in finding an appropriate format and timing for the completion of its decolonization process, taking into account the Territory’s particular circumstances. Achieving that goal requires proactive and sustained engagement by all parties involved — the administering Powers, the peoples of the Non-Self-Governing Territories, the United Nations and other stakeholders. I commend the work of the Special Committee, and am encouraged by the resumption of informal consultations with the administering Powers and other stakeholders.” 58

March 2nd, following press reports of British military aircraft flying from the Falklands to Brazil, Argentina's

Foreign Ministry lodges a formal complaint with the Brazilian Government, claiming a breach of agreements.

“The Argentinian foreign ministry said in a statement it was "concerned" about six flights last year and 12 in

2015. The ministry said it had requested an explanation from Brazil’s government, reminding it of that

country’s commitment "to not allow British airplanes or warships based in the disputed archipelagos". Brazil’s

foreign ministry had no immediate comment on the issue.” 59

March 28th, at the United Nations, the Secretariat publish its 2017 working paper on the Falkland Islands –

detailing, inter alia, the Islands economic and social conditions, budget and current status.

“Consideration by the United Nations: In its resolution 58/316, the General Assembly decided that the item

entitled “Question of the Falkland Islands (Malvinas)” would remain on the agenda for consideration upon

notification by a Member State. As at the date of the issuance of the present working paper, no such

notification by a Member State to the Assembly had been received.” 60

April 2nd, Argentina's Governor of Tierra del Fuego, Rosana Bertone, calls on the Islanders to join her Province.

“We are all 'fueguino citizens' and I call on the Islanders to integrate, based on respect for cultural diversity. We are and will be respectful of the culture and customs of everybody. But this plurality which characterizes Tierra del Fuego and Argentina as a nation can't question the territorial integrity since itslegitimacy and legality are absolute truths...” 61

56 UN Document A/71/74357 Subsequent reports suggested that this may have occurred some months before being reported; complicating the police

enquiry. cf. October, 2009 & 201258 UN Document SG/SM/18451-GA/COL/3304. Quite what this refers to was not explained.59 The Guardian March 2, 2017. All RAF flights arriving in Brazil involved humanitarian or emergency situations.60 A/Ac.109/2017/6. Following first publication, access to this document was restricted. A footnotes records that this report

was “Reissued for technical reasons on 1 May 2017.” The reasons were not divulged.61 Quoted in Mercopress: South Atlantic News Agency April 3, 2017

13

“Governor Bertone argued that she was entitled to make the invitation since under the Argentine constitution

she is the governor of Tierra del Fuego, South Atlantic Islands and Antarctica Territory.” 62

April 24th, at a public meeting in the Falklands, MLA Mike Summers confirms that the Legislative Assembly are

considering the introduction of visas for Argentine citizens visiting the archipelago. 63

April 29th, Argentina's Foreign Ministry announces that 95 families have consented to the DNA testing at the

Argentine Military Cemetery; less than the 100% initially requested by the International Committee of the Red

Cross (ICRC).

“The ministry said that the Families Commission had previously requested a double check of the list to offset

some of the “falsified consents” apparently added by the government of Cristina Fernandez.” 64

May 3rd, in Buenos Aires, Minister Malcorra speaks out regarding the proposed visa system for the Falklands.

“Such a decision does not belong to the local government of the Malvinas Islands, but to the United Kingdom and I strongly doubt the UK is thinking on that. We're following the issue closely but I wouldn't give the matter a maximum concern.” 65

MLA Mike Summers responds in a statement to the press; “Visas are a matter for the Falkland Islands

Government to determine.”

May 5th, in a letter addressed to the President of the Human Rights Council, Argentina complains that a listing

on its website, referring to a report from the United Kingdom; “... seeks to attribute the status of 'British

overseas territory' to the Malvinas, presenting them as separate from Argentina and referring to them by their

British name only.” Argentina's representative refers to the administrative decision of 1960 and asks that the

listing be corrected to include; “a footnote and the dual naming convention set forth in the directive.” 66

May 17th, representatives attending a UN Special Committee regional Seminar in the Saint Vincent and

Grenadines are told that the last declaration of independence from colonial rule was Timor-Leste in 2002.

“Without a drastic and thorough re-evaluation and restructuring of work of the Committee, without any diminution of its aims and ideals, this Third International Decade may simply morph into the fourth andfifth until the effort simply dies from neglect and inactivity...” 67

June 10th, on its Day of Affirmation of Argentine Rights over the Malvinas, South Georgia and South

Sandwich Islands, the Argentine Government calls upon the UK to resume sovereignty negotiations.

June 14th, the 35th Liberation Day is celebrated by the Falkland Islanders.

June 19th, under the terms negotiated by the International Committee of the Red Cross, a team of specialists

forms up at Stanley for the work of identifying those remains in the Argentine Military Cemetery near Port

Darwin, which are recorded as known “only to God.”

62 Ibid.63 Penguin News April 28, 201764 Mercopress: South Atlantic News Agency April 29, 2017. The ICRC appear to have accepted that some families could

not be contacted; or there were no living relatives.65 Mercopress: South Atlantic News Agency May 3, 201766 UN Document A/HRC/36/G/267 Decolonization Committee 'expert' Judith Bourne quoted in UN Press Release GA/COL/3309 May 17, 2017

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June 22nd, at the UN, the General Assembly adopt resolution 71/292 requesting that the ICJ consider an

advisory opinion on the question of the Chagos Islands; in relation to its separation by Britain from the

Mauritius NSGT in the 1960s. 68

June 23rd, at the United Nations, the Special Committee on Decolonization meets to consider the question of

the Falkland Islands. MLAs Mike Summers and Ian Hansen represent the Islands' people. Luis Gustavo Vernet,

a great-great-grandson of Luis Vernet, petitions on behalf of Argentina.

At the opening of the session, the Chair of the committee, Ramírez Carreño, makes an extraordinary statement.

“The Chair said that his country, the Bolivarian Republic of Venezuela, had strong ties with Argentina dating back to the independence movements led by Simón Bolívar and José de San Martín. The Argentine claim to sovereignty over the Malvinas Islands was supported by the overwhelming majority of members of the international community that were committed to upholding international law and strictly adhering to the purposes and principles of the Charter of the United Nations, including respect for the territorial integrity and political independence of States. The Committee would spare no effort tobring about a peaceful solution to the sovereignty dispute between the Argentine Republic and the United Kingdom over the Malvinas Islands.” 69

# Researcher's Comment: An amazingly biased statement for the supposedly independent Chair of a UN

committee. The more-so as neither that committee, nor the United Nations itself, has any remit to resolve

sovereignty issues. Hardly surprising that the UK has long abandoned attending this particular sub-sub-

committee or that the Falklanders view it with suspicion.

“… the C24, had abandoned their principles as laid down in the UN Charter, and had become an instrument for

the imposition of colonialism, not for its abolition.” 70

MLA Ian Hansen speaks to the Committee; “... he was a sixth-generation Falkland Islander whose ancestors

had arrived some 175 years earlier. His name was of Swedish descent, and many other Scandinavians had also

made the Falklands their home during that time. Therefore in no way could he be regarded as part of an

implanted population sent from the United Kingdom, as the Government of Argentina often claimed. More

than 3,400 people from over 60 countries lived and worked on the Falkland Islands, which had an inclusive

and multicultural society.”

MLA Mike Summers also addresses the Committee.

“... his country was not a colony of the United Kingdom; instead, the Falkland Islands was a self-governing

overseas territory of the United Kingdom that had expressed the clear wish to remain so in a free, open and

internationally observed referendum. … The Committee was stuck in an ideological time warp and needed to

catch up to reality. Its sole task was to assist each Territory, not to bully them or ignore their views.” 71

68 See 201969 A/AC.109/2017/SR.8. An amazingly biased statement for the supposedly independent Chair of a UN sub-committee, the

more-so as neither that committee, nor the United Nations itself, has any remit to resolve sovereignty issues. Hardly surprising that the UK has long abandoned the Special Committee on Decolonization.

70 Falklands Facts and Fallacies: The Falkland Islands in History and International Law Graham Pascoe 2020 p.32671 After Mike Summers had finished speaking, the Chair of the Special Committee, Ramírez Carreño, rudely commented

that it had been an “exercise in diplomacy” just to have listened.

15

“The Committee was invited to visit the Falkland Islands to bear witness to the lives and wishes of its people, and was asked to ignore the false claims put forward by the Government of Argentina and to support the Islanders’ wishes to remain an overseas territory of the United Kingdom.” 72

As in previous years, a draft-resolution calling for the resumption of negotiations is introduced by Chile speaking

on behalf of its sponsors. 73 Argentine Foreign Minister Jorge Faurie speaks for his nation.

“Although a ritualistic yearly event where Faurie pleaded, as usual, to settle the dispute in a negotiation with

the United Kingdom, Friday's presentation came within a context of rapprochement between Buenos Aires and

London, which led to the signing of the joint statement late in 2016, ... It was a first for Faurie and a last

appearance for Falkland Islands MLA Mike Summers, who is to retire by the end of the year.” 74

Other speakers include the representatives of China, Cuba, Ecuador, Indonesia, Russia, Syria, Bolivia, Nicaragua

and Venezuela. The draft-resolution is adopted by the Committee without a vote. 75

June 30th, Nigel Phillips is appointed Governor of the Falkland Islands.

July 11th, at the UN, the Special Committee on Decolonization publishes its annual report. As with previous

years, the report's list of recommendations does not include the Committee's own Falklands resolution. 76

July 13th, the Buenos Aires Civil and Commercial Court rules that telephone calls from Argentina to the British

territory of the Falkland islands must be billed as 'domestic' calls, and not charged at international rates.

August 7th, the International Committee of the Red Cross announces that its work at the Argentine Military

Cemetery has finished.

“During seven weeks of intense work, which began on 20 June, a team of 14 specialists – from Argentina, Australia, Chile, Mexico, Spain and the United Kingdom – exhumed, analysed, sampled and documented the remains of each of the unidentified soldiers. The work was carried out in a high-tech temporary mortuary built on-site for the purposes of the operation. After careful analysis, each body was placed in a new coffin and reburied on the same day in the original grave. In the coming weeks the cemetery will be restored to its original state. … The second and final batch of samples for genetic analysis will be delivered shortly to the laboratory of the Argentine Forensic Anthropology Team (Equipo Argentino de Antropología Forense, EAAF) in Córdoba. The samples taken from the families for cross-referencing purposes are also held there. Two other laboratories, one in the United Kingdom and one in Spain, will carry out quality control on the DNA analyses. The identification reports will be finalized by the end of the year and submitted to both governments. The Argentine authorities will contact the families who have requested the identification directly and confidentially to inform them of the results.”

On the same day, the Argentine Governor of the Province of Tierra del Fuego complains that the Macri

administration is; “... now talking to Britain without including the Falklands issue.” 77

72 Ibid.73 Sponsored by Bolivia, Chile, Cuba, Ecuador, Nicaragua and Venezuela. 74 Mercopress: South Atlantic News Agency June 24, 201775 UN ref. A/AC.109/2017/L.2676 Report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting

of Independence to Colonial Countries and Peoples for 2017. UN ref. A/72/2377 Reported in Sur54.com.

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August 14th, responding to a letter congratulating the Prime Minister on her recent re-election, Theresa May

tells the Falkland Islanders that the British Government wholeheartedly supports the Islanders' right to self-

determination.

“Finally, the letter noted that the UK Government is seeking a more productive relationship with the

Government of Argentina. However the Prime Minister stated that the UK-Argentina relationship will not

fulfil its full potential until the Government of Argentina meets the public commitments it made in September

2016.” 78

On the same day, the Islanders celebrate Falklands Day marking the 425th anniversary of the first recorded

sighting of the archipelago in 1592 by Capt. John Davis in the ship Desire.

September 12th, Nigel Phillips takes over as Governor of the Falkland Islands and Commissioner of South

Georgia and the South Sandwich Islands.

October 2nd, at the UN, the Fourth Committee commences its annual review of the work of the Special

Committee on Decolonization. During the opening session, a number of speakers mention the Falkland Islands;

in response to which the representative of the United Kingdom makes a statement.

“... her country was very clear about the sovereignty and right to self-determination of the Falkland Islands

(Malvinas), South Georgia Islands, South Sandwich Islands and the surrounding maritime areas. There could,

therefore, be no dialogue on sovereignty unless the people of the Falkland Islands so wished, she emphasized.

They did not wish to have dialogue on sovereignty, which Argentina should respect, ...”

Argentina's representative responds; “... a resolution of the situation would not result from a referendum

manipulated by the United Kingdom.” 79

On the same day, Argentina writes to the United Nations to complain that the website of the UN Human Rights

Commissioner has characterised the Falklands as a ‘British Overseas territory’ and to; “… request that all

necessary measures be taken to ensure the correct application of all versions of the United Nations Secretariat

editorial directive ST/CS/SER.A/42 in order to reflect the existence of that dispute over sovereignty by means

of the inclusion of the footnote and dual nomenclature established therein.” 80

October 10th, concluding its consideration of decolonization issue, the UN's Fourth Committee approved 19

draft resolutions for adoption by the General Assembly. For the 29th year, there is no Falklands resolution. 81

October 27th, Argentina writes to the Secretary-General of the UN to complain about: “... military exercises to

be conducted by the United Kingdom of Great Britain and Northern Ireland in the area of the Malvinas Islands

between 30 October and 3 November 2017, which will include the launch of Rapier missiles.” 82

November 9th, election day in the Falklands sees a new Legislative Assembly.

December 1st, Geneva's International Committee of the Red Cross (ICRC) deliver the results of their DNA tests

to delegations from Argentina and the UK. 88 soldiers from the Argentine Military Cemetery near Darwin have

been successfully identified from remains found in 121 unidentified graves. 83

78 Falkland Islands Government Press Statement August 14, 201779 GA/SPD/632 October 2, 201780 UN Document A/HRC/36/G/12 81 GA/SPD/638 October 10, 201782 A/72/59983 Two more bodies were identified in early 2018.

17

December 7th, in America, US Representatives Mario Diaz-Balart, George Holding and Derek Kilmer introduce

a resolution into the 115th Congress (H. Res. 650) for the House Foreign Affairs Committee. 84

“Recognising the results of the free and fair elections for the new Members of the Legislative Assembly of the Falkland Islands held on November 9, 2017.

Whereas the United States supports the principles of democratic processes across the world;

Whereas the Falkland Islands referendum of March 2013 clearly set out the wishes of the Islanders, when 99.8 percent of those who voted chose to maintain their status as an Overseas Territory of the United Kingdom;

Whereas the people of the Falkland Islands have the right to decide their own future as enshrined in theUnited Nations Charter and in Article One of the two United Nations Covenants on Human Rights, by which they freely determine their political status and pursue their economic, social, and cultural development free from intimidation and harassment;

Whereas it is the obligation of countries to respect the legally binding principle of self-determination;

Whereas the Falkland Islands’ election on November 9, 2017, is an expression of that principle of self-determination; and

Whereas the United Kingdom is a loyal ally that has stood by the United States for over a century: Now,therefore, be it Resolved, That the House of Representatives –

(1) welcomes the free, fair, and democratic elections of the Falkland Islands;

(2) acknowledges that only the people of the Falkland Islands can determine the future of the Falkland Islands; and

(3) recognizes the United Kingdom’s sovereignty over the Falkland Islands for as long as the Islands desire to remain a self-governing Overseas Territory. 85

On the same day at the United Nations, the General Assembly adopts resolutions relevant to all NSGTs.

Resolution 72/92 is entitled – Economic and other activities which affect the interests of the peoples of the Non-

Self-Governing Territories. 86

“1. Reaffirms the right of the peoples of the Non-Self-Governing Territories to self-determination in conformity with the Charter of the United Nations and with General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, and with other relevant resolutions of the United Nations, as well as their right to the enjoyment of their natural resources and their right to dispose of those resources in their best interest;..”

Resolution 72/111 is entitled – Implementation of the Declaration on the Granting of Independence to Colonial

Countries and Peoples.

“4. Affirms its support once again for the aspirations of the peoples under colonial rule to exercise theirright to self-determination, including independence, in accordance with the relevant resolutions of the United Nations on decolonization.” 87

84 See https://www.congress.gov/bill/115th-congress/house-resolution/650 85 As of December 29, 2018, this bill had not progressed further than its introduction.86 UN Document A/Res/72/92. See https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/72/92 87 UN Document A/Res/72/111. See https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/72/111 The

implication being that not all decolonization resolutions are applicable and it should be remembered that, in 2012, when

18

December 22nd, Britain's Prime Minister, Theresa May, sends a Christmas message to the Islanders.

“I want you to know that I will never allow anyone to compromise your right to self-determination – a right you freely expressed in the 2013 referendum; and a legacy for which so many paid the ultimate price. … I continue to believe there are non-sovereignty related areas where we can work together with Argentina for the benefit of all concerned. Whilst progress has been slower than anticipated, we will continue to work with Argentina to ensure delivery of all Joint Communiqué commitments, including theremoval of restrictive measures against the Islands.”

2018 – January 3rd, Argentina issues its annual press release commemorating the events of 1833.

“On 3 January 1833, the Malvinas Islands, which are an integral part of the Argentine national territory, were illegally occupied by military forces of the United Kingdom of Great Britain and Northern Ireland... On this day, the Argentine people and Government reaffirm once again the imprescriptible and inalienable sovereignty rights of the Argentine Republic over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas.” 88

“Argentina regularly relies on nullum tempus89 in maintaining that the Argentine title to the Falklands is

“imprescriptible”, i.e. that it has lasted since 1833 and has not been weakened by the passage of time or by

events that have happened – or not happened – since then … However, ... There are two possibilities: either (a)

nullum tempus is valid in international law, or (b) it is not. If (a) is true, and nullum tempus is valid in

international law, Argentina’s claim would be no more imprescriptible than Britain’s or Spain’s, and both

Spain and Britain would have much better claims than Argentina. Spain’s claim would survive from 1767, and

contains 44 years of occupation as against Argentina’s 7 years, while Britain’s claim under nullum tempus

would be unbeatable – it would go back over a quarter of a millennium to 1765, and Britain can also show 7

years of occupation from 1766 (antedating Spain’s claim) to 1774, plus over 186 years of continuous

administration since 1834. Alternatively, if (b) is true, and nullum tempus is not valid in international law,

then Argentina’s claim is not imprescriptible and lapsed long ago.” 90

January 24th, Argentina’s Ambassador to the UK, Carlos Sersale di Cerisano, addresses a conference at Kings

College London Diplomacy Service.

“(He) had already deactivated the Malvinas Dialogue Support Group that had emerged in the United Kingdom

through the efforts of former Argentine Ambassador Alicia Castro and removed a large map of the Falkland

Islands that existed at the Argentine consulate in London.” 91

January 31st, Tierra del Fuego's provincial legislature promulgates Law 1.154. This requires the singing of

Marcha de Malvinas at the end of all public, institutional or military events organised within the Province. 92

March 1st, at an ICJ hearing regarding the legality of the separation of the Chagos Islands from Mauritius in

1965, Argentina's representative makes a presentation.

the Secretary-General of the UN was asked about the UK being in breach of resolution 2065 (XX) he responded that he did not believe that any permanent member of the Security Council was in breach of any 'relevant' resolution.

88 UN Document A/72/69889 Nullum tempus occurit regi = To the King, no time passes. A way of saying that a sovereign claim is eternal unless

voluntarily abandoned. cf. 185090 Pascoe 2020 pp.221-22291 Presentacion: Departmento de Atlantico Sur Carlos Delgado 201892 Usuaia Noticias January 31, 2018

19

“It is a case of territorial dismemberment that involves principles of fundamental importance for the Argentine claim of sovereignty over the Malvinas Islands. The Argentine presentation ratifies the competence of the General Assembly of the United Nations in the matter of decolonization, as well as the principle of territorial integrity, as well as the obligation to negotiate and not to carry out unilateral acts contrary to the decolonization process. The elements contributed by Argentina, as well as by other countries interested in this topic, will serve to shape the opinion of the International Court of Justice, which, despite not being binding, has great political and legal weight.” 93

“Naturally the obligation to negotiate does not in any way lessen the rights of the peoples of non self-governing

territories – it does not give states the power to negotiate over the heads of those peoples and hand them over

from one state to another.” 94

March 12th, an Argentine Professor of International Law, Marcelo Kohen, hosts a meeting in Stanley to propose

a 'solution' to the sovereignty dispute between the UK and Argentina concerning the islands. Kohen's plan

presupposes a handover of the archipelago, plus South Georgia and the South Sandwich Islands, to Argentina. One of the proposals is that, after 30 years, the Islanders hold a referendum on independence. 95

The meeting is attended by eight people including two journalists and two Argentine tourists.

March 14th, at the United Nations, the Secretariat publish its 2018 working paper on the Falkland Islands –

detailing, inter alia, the Islands economic and social conditions, budget and current status.

“Consideration by the United Nations: In its resolution 58/316, the General Assembly decided that the item entitled "Question of the Falkland Islands (Malvinas)" would remain on the agenda for consideration upon notification by a Member State. As at the date of the issuance of the present working paper, no such notification by a Member State to the Assembly had been received.” 96

March 15th, in Buenos Aires, Britain’s Ambassador Mark Kent meets with Minister Jorge Faurie.

“(They) met "to discuss various issues of the bilateral relationship and current international issues." Among

these, were the efforts on possible new flights and on fishing resources.” 97

March 26th, some 247 relatives and officials arrive in the Falkland islands for a short visit to the Argentine

Military Cemetery to place names on 90 graves previously unidentified. Arriving in two chartered planes, the

visitors are transported straight to the cemetery. Local British forces provide an Honour Guard and Piper.

“The Argentine Chancellery and the Secretariat of Human Rights and Cultural Pluralism of the Nation are pleased to have worked together, together with the Commission of Relatives of Fallen in the Falklands and South Atlantic Islands, the Argentine Forensic Anthropology Team and the British Embassy in Buenos Aires. Aires, and with the collaboration of Corporación América, in the organization of the logistics aspects of the visit. The delegation, made up of 250 people, arrived very early in the archipelago and at all times received the collaboration of the inhabitants of the Islands, as well as the respect of members of the armed forces.” 98

93 Telam March 2, 201894 Pascoe 2020 p.33595 Quoted in An Argentine academic presented before the kelpers a proposal to solve the Falklands conflict Juan Robledo

in Infobae March 22, 2018.96 A/Ac.109/2018/697 Daniel Filmus in Malvinas: Una Cause Regional Justa 2020 (CLACSO) p.27 citing Press Release 101/1898 Argentine Press Release No.120/18 of March 27, 2018. As with other Argentine reports, this announcement minimised

20

April 23rd, Argentine ex diplomat Jorge Lidio Viñuela, proposes that Argentina set up a “Commercial &

Cultural” office in Stanley; “... with the purpose of besides promoting trade, encouraging close people-to-people

relations in fields such as culture, sports, academia and inviting opinion makers from the Falklands to

Argentina.” 99

May 9th, a three-day Pacific Regional Seminar on Decolonization commences in Grenada, organised by the

United Nation's Special Committee on Decolonization, with the theme - "Implementation of the Third

International Decade for the Eradication of Colonialism: towards the achievement of the Sustainable

Development Goals in the Non-Self-Governing Territories: social, economic and environmental challenges."

MLA Roger Edwards tells the Seminar that the right of the Falklands people to determine their own future is

“unequivocal.”

“He pointed out that the Falkland Islands (Malvinas) were now self-financing and had been so since the late

1980s, adding that they did not receive economic aid nor pay any taxes or levies to the United Kingdom.

Britain had never relinquished its sovereignty claim and the islanders had freely demonstrated their wish to

remain British. "We would be delighted to have a normal, friendly relationship with all our neighbours, to

freely trade with, work with and discuss things of mutual benefit," he emphasized. "Instead, we are not

recognized or accepted as a people in our own right."...” 100

UN Secretary-General, António Guterre, sends a message to the Seminar;“Decolonization is still incomplete.

What we need today to accomplish this monumental task is political will, creative thinking and action in

partnership.” 101

Argentina's representative responds that; “... the Malvinas Islands, South Georgia Islands and South Sandwich

Islands and the surrounding maritime areas remained the subject of an illegal occupation as a result of an act

of force perpetuated by the United Kingdom.” 102

May 14th, a delegation from the Falkland Islands meet with representatives of the Argentine Government in

Buenos Aires, to consider a return to exchanges of information with regard to fish stocks.

“Following two days of fisheries talks in Buenos Aires this week progress has been made in resuming the exchange of scientific data for the benefit of the South Atlantic region. The purpose of sharing information on fish and squid stocks is primarily to help ensure the sustainability of fisheries in South Atlantic waters, but may also have additional conservational benefits in the future.” 103

“Under the formula on sovereignty contained in paragraph 2 of the joint declaration issued in Madrid on 19

October 1989, and following the joint communiqué of 13 September 2016, the Scientific Subcommittee of the

South Atlantic Fisheries Commission met in Buenos Aires in May 2018…” 104

the part played by the Falkland Islands Government (FIG). Originally the Argentine delegation had announced that it would be travelling to the archipelago on March 15, 2018 for this ceremony, but this was vetoed by the FIG for logisticalreasons and moved to the 26th. See December 1, 2017

99 MercoPress Tuesday April 24, 2018100UN Press Release May 9, 2018101 UN Press Release May 21, 2018102 UN Press Release – GA/COL/3319 – May 9, 2018103 Falkland Islands Government Press Release May 16, 2018104 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of

Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6. See 2020

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At the same time, also in Buenos Aires, a Memorandum of Understanding is signed regarding Antarctic

Scientific Cooperation between the Instituto Antártico Argentina (IAA) and the British Antarctic Survey (BAS).

Overseen by British Ambassador to Argentina, Mark Kent.

“The document, signed by BAS Director Jane Francis and IAA Director Rodolfo Sánchez, states that both

organisations will "look for opportunities to cooperate, including through seeking to optimise the human and

material resources of both institutions, on Antarctic science and technology initiatives of mutual interest"...

The signing of the memorandum took place in the framework of the 41st Antarctic Treaty Consultative

Meeting…” 105

June 20th, at the United Nations, the Special Committee on Decolonization meets to consider the question of

the Falkland Islands.

MLA Ian Hansen addresses the committee; “We have a right to live in peace, in freedom and to determine our

own future. We have a right to live in peace, we have a right to our freedom and above all we have a right to

determine our own future.” 106 MLA Summers also speaks.

“... the islanders, with a rich heritage and diverse ethnic society, met all the requirements of the United Nations Charter in terms of the right to self-determination. They had met the terms for removal from thelist of Non-Self-Governing Territories, he added. ... With some 60 nationalities from Argentina to Zimbabwe — literally from A to Z — no one could say that the islanders were an implanted population, he emphasized. Over the years, the Territory’s political status had changed, from a colony of the United Kingdom to an Overseas Territory. A completely new constitution had come into being in 2009, devolving even more powers to the local Government. The United Kingdom was responsible for defenceand foreign affairs, with a military presence kept at a level to deter any aggressor. While there had recently been less rhetoric from the President of Argentina, it must always be remembered that Argentina’s wish to take over the Territory was built into its Constitution, he cautioned. “It is they who would, today, like to colonize us,” added, reiterating that the right to self-determination was a fundamental right that he was seeking before the Special Committee today,..” 107

“In their usual two pronged approach, representatives of the Falkland Islands Government have once again

presented the Falklands political case at the United Nations in New York. ... In essence the Falklands attends in

order to refute the claims made in presentations given by the Argentine delegation.” 108

Luis Gustavo Vernet, a petitioner for Argentina, tells the committee that Argentina inherited the Falkland islands

from Spain in 1810. Argentina then allowed his great-great-grandfather, Luis Vernet, to settle in the Islands in

1823; land having been granted in 1822. 109

Chile introduces a draft-resolution calling upon the UK and Argentina to resume negotiations with regard to the

question of sovereignty. As in previous years, this is adopted without a vote.

105 BAS website May 16, 2018106 UN Press Release GA/COL/3326 June 21, 2018 107 Ibid.108 Penguin News Friday June 22, 2018 p.1109 This is inaccurate. In 1823 Jorge Pacheco, received a usufruct (licence) to hunt wild cattle. An undefined land grant was

granted to Pacheco but not to Luis Vernet, who was Pacheco's business partner. The licence was sub-contracted to an Englishman, but that venture failed. Luis Vernet only arrived to settle the Islands in 1826; receiving his concession to do so from the Buenos Airean Government in 1828. This was not made public at the time. Please see the relevant paper.

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In Russia, during the 2018 World Cup football competitions hosted by that nation, Argentine flags bearing an

image of the Falkland Islands are banned from stadiums as they are deemed to carry a 'political message.' 110

July 11th, at the UN, the Special Committee on Decolonization publishes its annual report. As with previous

years, the report's list of recommendations does not include the Committee's own Falklands resolution. 111

In London, the Parliamentary Foreign Affairs Committee launches an inquiry into Britain's overseas

territories.112

“In oral evidence, former Governor of Bermuda George Fergusson (said) that the UK's relationships with the OTs are "almost fated to be difficult" and that "there will always be a degree of confusion and pushing and pulling" between the UK and the OTs. … Some want more autonomy from the UK; some to be closer to the UK; others are happy with the status quo. … Falkland Islands’ Assembly Member Teslyn Barkman told us that "the Falkland Islands have repeatedly demonstrated that we are a reliable, responsible and valued member of the UK family" but, she said, this partnership is not reflected in the way they interact with the Government. "Rather than being seen as partners," she said, "we are in some ways more managed by officials in the FCO." Ms Barkman concluded that "the relationship that the Falkland Islands wants to see is one that gives us greater ministerial contact." … The Turks and Caicos Premier, Sharlene Cartwright-Robinson, said that she wants "to see the involvement of UK Overseas Territories in the selection of Governors," while Anguilla’s Chief Minister, Victor Banks, said that he wants to see candidates for these roles to be chosen "from a wider base of skills and experience, beyond that of the UK civil service."…” 113

July 23rd, Britain's Chancellor, Phillip Hammond, attending a G20 Ministers meeting in Buenos Aires, tells the

local press that only the Falkland Islanders have the right to determine their own future.

During September, the International Court of Justice hear oral statements from 22 nations regarding the

Chagos case. 114

The Argentine representatives argue a case for Mauritius based upon operative paragraph 6 of UN GA resolution

1514 of 1960. 115

“In paragraph 6, the… context demonstrates that what was at the core of Resolution 1514 (XV) was theend of colonialism in all its forms. In some cases, the victim of colonialism through the disruption of territorial integrity can be a State, but yet in many others they are "colonial countries and peoples". Indeed, the entire object and purpose of the resolution was to put an end to all grievances originated bythe persistence of colonialism…”

110 Clarin June 26, 2018111 Report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting

of Independence to Colonial Countries and Peoples for 2018. UN ref. A/73/23. See https://digitallibrary.un.org/record/1642023?ln=en

112 Published February 21, 2019 on the Foreign Affairs Committee website. One of the questions being considered was the relationship between the OTs and the Foreign Office and whether that ministry should continue to as 'lead department' for the OTs. See https://publications.parliament.uk/pa/cm201719/cmselect/cmfaff/1464/146401.htm

113 For the committee's conclusion see February, 2019114 Speakers for Argentina were Mario Oyarzábal, legal adviser to the Argentine foreign ministry, and Professor Marcelo

Kohen who presented arguments designed to suit Argentina’s case for the Falklands. Rather than an argument in favour of the rights of Mauritius. See 2019.

115 Quoted in Pascoe 2020 p.334

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“That last sentence enshrines Argentina’s erroneous view that Britain’s possession of the Falklands gives

Argentina a "grievance originated by the persistence of colonialism". ... The drafting history of paragraph 6 of

Resolution 1514 shows that its purpose was not to redress grievances by one state against another dating back

to the distant past, and that it did not dilute the applicability of self-determination to all non-self-governing

territories.” 116

September 20th, in Uruguay, a group of Argentine ex-combatants demonstrate outside the Expo Prado where

the Falkland islanders have a stand promoting tourism to the archipelago. 117

October 1st, the International Court of Justice announces its judgment in the case of Obligation to Negotiate

Access to the Pacific Ocean (Bolivia v. Chile), a dispute regarding the sovereignty of territory taken from Bolivia

in the War of the Pacific 1879 to 1883. Bolivia argues that Chile has an obligation under international law to

negotiate.

“175. In light of the historical and factual background above (see paragraphs 26-83), the Court observes that Bolivia and Chile have a long history of dialogue, exchanges and negotiations aimed at identifying an appropriate solution to the landlocked situation of Bolivia following the War of the Pacific and the 1904 Peace Treaty. The Court is however unable to conclude, on the basis of the material submitted to it, that Chile has "the obligation to negotiate with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean" (Bolivia’s submissions, see paragraphs 13, 14 and 15 above). Accordingly, the Court cannot accept the other final submissions presented by Bolivia, which are premised on the existence of such an obligation (ibid.).” 118

On the same day, a report in Britain's Express newspaper claims that Argentina has held military exercises in

August, practising for an invasion of the Falklands archipelago.

“Operation Maipu, staged in August, was the South American country's largest military exercise for decades, involving troops, helicopters, armoured mortar carriers and self-propelled howitzers. It held night-time helicopter landings at the large Magdalena training area near Buenos Aires, in three areas meant to represent parts of the Falkland Islands.... While never declaring the purpose of the "exercises", its true intentions were revealed after an army officer shared the information with a military attache in a neighbouring country – thought to be Brazil – who then passed the intelligence to Britain. The Argentine plan is to invade three outlying islands simultaneously with a view to divert UK defences, create an international incident and "gain global leverage for negotiations" over ownership of the islands and sharing the huge oil reserves. ... A Whitehall source said last night: "We are aware of what happened thanks to information supplied by a nearby friendly country." Britain does have a developed plan to address "unwanted Argentine attention", he added, and "three islands makes things more complicated, but certainly not insurmountable". … Last night South Atlantic geopolitical expert Dr Alasdair Pinkerton of Royal Holloway, University of London, observed: "Military campaigns work in different ways. "Arguably, we are not talking about a full-on military invasion, but rather a media storm to draw attention to what they consider to be their rightful claim."...” 119

116 Pascoe 2020 p.334. 117 The Expo Prado is an agricultural exhibition that the Islanders have been a feature at since 2013. Their stand has been

subject of official Argentine protests in 2016 and 2017. On this occasion one of the veteran's main complaints was that the Argentine Government had not protested to the Uruguay Government.

118 The implication being that no State has a legal obligation to negotiate a sovereignty dispute. This would also apply to the claims by Argentina that the UK was under a duty to negotiate over the Falkland Islands.

119 Daily Express October 1, 2018

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October 8th, in New York, the Fourth Committee commences its annual review of the Special Committee on

Decolonization's work. A number of countries address the Committee, including Argentina’s representative

García Moritán.

“Argentina would continue to defend the right to self-determination in all cases in which that right was

applicable. However, like any principle, the right to self-determination was not absolute. Under international

law, as recognized by the General Assembly in its resolution 1514 (XV), self-determination should not be used

as a pretext to disrupt the territorial integrity of existing States. ... The dispute dated back to 1833, when the

United Kingdom had forcibly occupied the Malvinas Islands and expelled the Argentine authorities and

population. It had then implanted its settlers and strictly controlled migration policies, with which it continued

to determine the composition of the territory’s population in its own interests. … The 1982 conflict, which had

taken place while Argentina had been governed by a military dictatorship, had not changed the legal nature of

the dispute, let alone resolved it.” 120

Britain’s representative exercises a right of reply.

“Mr. Sylvester (United Kingdom) said that his country had no doubt regarding its sovereignty over the

Falkland Islands and South Georgia and the South Sandwich Islands and the surrounding maritime areas of

both Territories, or regarding the right of the Falkland Islanders to self-determination in accordance with the

Charter of the United Nations and the two International Covenants on human rights, in order freely to

determine their political status and pursue their economic, social and cultural development. None of the

regional statements of diplomatic support for sovereignty negotiations invoked by Argentina modified or

diluted the obligation of nations to respect the legally binding principle of self-determination. Therefore, no

dialogue on sovereignty was possible unless the Falkland Islanders so wished. 74. The 2013 referendum, in

which 99.8 per cent of those who voted wanted to maintain their current status as an Overseas Territory of the

United Kingdom, had sent a clear message that the people of the Islands did not want a dialogue on

sovereignty. Argentina should respect those wishes. … The United Kingdom was also clear that no civilian

population had been expelled from the Falkland Islands in 1833. An Argentine military garrison had been sent

there earlier in an attempt to impose Argentine sovereignty over British sovereign territory, but the United

Kingdom had expelled that military garrison, and the civilian population that had previously sought British

permission to remain had been encouraged to do so. The territorial borders of the Argentine Republic in 1833

had not included the southern half of its current form or any territory in the Falkland Islands, Antarctica or

South Georgia and the South Sandwich Islands. The province of Tierra del Fuego, to which Argentina claimed

the disputed Territories belonged, had only become part of Argentina circa 1883, whereas British sovereignty

over the Falkland Islands dated back to 1765, some years before the Argentine Republic had even existed. ... the

Islands had never legitimately been administered by or formed part of the sovereign territory of the Republic

of Argentina.” 121

Argentina responds that; “… the people of the Malvinas were not a people within the meaning of international

law.” 122

# Researcher's Comment: To suggest that the Falklands have no population under International Law is frankly

ludicrous. If there were no 'people' on the islands then the archipelago would not fall under the remit of the

Decolonization Committee, whose work was being reviewed by the Fourth Committee.

120 UN Document A/C.4/73/SR.2121 Ibid.122 Ibid.

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“Delegates called upon administering Powers today to take the necessary steps to attain the rapid decolonization of the 17 remaining Non-Self-Governing Territories, as the Fourth Committee (Special Political and Decolonization) began its general debate on that topic.” 123

October 9th, the Argentine Government issue a press release complaining about military exercises due to take

place on the Falkland Islands between October 15 and 29, 2018.

“The Argentine Republic rejects the realization of these exercises in Argentine territory illegitimately occupied by the United Kingdom...” 124

“As you are aware, the Argentine Republic has consistently rejected the conduct of these military exercises in

Argentine territory unlawfully occupied by the United Kingdom, which is ignoring numerous resolutions of the

United Nations and other international bodies that urge the two countries to resume negotiations, in order to

find a peaceful and definitive solution to the sovereignty dispute. The persistence of the United Kingdom in

carrying out military manoeuvres in the South Atlantic is in violation, especially, of General Assembly

resolution 31/49, which calls upon the two parties to refrain from introducing unilateral modifications in the

situation while the negotiating process recommended by that Assembly proceeds.” 125

“… the dispute with the United Kingdom ... is a symbol that is used in the framework of the domestic political

dispute to attract votes by appealing to the nationalist and anti-imperialist feelings that is still strong in

Argentine society. … On the other hand … an official of the current government, stated, ... that he considered

that the Falkland Islands (Malvinas Islands) should be divided in two, one half for Argentina (the most

depopulated and closer to the continent) and the other for the United Kingdom. ... However, he clarified in that

interview in off that he would never make this proposal public and categorically deny having formulated it

because it would be the end of his political career.” 126

October 12th, the UN Fourth Committee approves a number of the draft resolutions presented by the Special

Committee on Decolonization. The Special Committee's Falklands resolution is not among them. 127

On the issue of who decides whether a NSGT has reached a sufficient level of autonomy to be delisted, the UK's

representative affirms the British view that it is for the Administering Power to decide, not the UN.

# Researcher's Comment: This is a severely cut down version of events at the UN. The Fourth Committee’s

review was held over half a dozen days in New York. On every day, Argentina would make some mention of the

Falklands in association with whatever specific subject was being considered. The UK was then obliged to

exercise a right of reply, to which Argentina would also reply. The days must be long and boring at the United

Nations.

October 10th, a letter to the UN General-Secretary complains about British military exercises on the Falklands.

“The persistence of the United Kingdom in carrying out military manoeuvres in the South Atlantic is in violation, especially, of General Assembly resolution 31/49, which calls upon the two parties to refrain from introducing unilateral modifications in the situation...” 128

123 UN Press Release GA/SPD/662 October 8, 2018124 These exercises are regular events surrounding the test firing of missiles installed as part of the Islands' defence.125 Letter dated 10 October 2018 from the Permanent Representative of Argentina to the United Nations addressed to the

Secretary-General in A/73/445126 Åland Islands: lessons for the conflict of the Falkland Islands (Malvinas Islands)? S. G. Eissa 2019 in Vestnik of Saint

Petersburg University. International Relations 2019 vol.12 issue 2127 See UN Documents A/C.4/73/SR.2 to SR.6128 UN Document A/73/445 dated October 19, 2018

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October 27th, a United States delegation arrive in the Falklands.

“... the three US congressional staffers visiting the Falkland Islands this week admit that their preconceptions of the Falklands had been largely shaped by the conflict. Nevertheless they have a strong message to take back to their respective offices at the US Congress, the clear right to self determination of the Falklands. … while the US State Department may be diplomatically obliged to adopt a neutral position, congressional offices have what they describe as a more forward-leaning approach to the Falklands issue.” 129

October 29th, at a UN First Committee meeting in New York, Argentina raises objection to the language used by

the British representative. The meeting is discussing disarmament and international security. During the

discussion, the UK confirms that it is continuing to clear anti-personnel mines on the Falklands.

“The only parts of Argentine territory affected by anti-personnel mines are the Malvinas Islands. ... However, Argentina is prevented from accessing those mines in order to comply with its obligations assumed under the Convention, as that territory, together with the South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, are illegally occupied by the United Kingdom ofGreat Britain and Northern Ireland and are the subject of a sovereignty dispute...despite the reiterated declarations of the United Nations and other regional and international forums, the United Kingdom continues to ignore the calls of the international community to resume bilateral negotiations aimed at finding a peaceful and definitive solution to the sovereignty dispute …” 130

In November, the Scientific Subcommittee of the South Atlantic Fisheries Commission meet in London.

“Under the formula on sovereignty contained in paragraph 2 of the joint declaration issued in Madrid on 19

October 1989, and following the joint communiqué of 13 September 2016, the Scientific Subcommittee of the

South Atlantic Fisheries Commission met in ... London in November 2018.” 131

November 6th, Argentine news reports claim that National Deputies from the Province of Tierra del Fuego,

have approached the Foreign Ministry to complain about Tweets from British Ambassador Mark Kent,

suggesting that the Falklands question had been settled.

“The national deputies considered that "the attitude of Mr. Kent is inadmissible, inappropriate for the position he occupies, offensive towards our country, contrary to the resolutions of the United Nations and in no way help the dialogue between both countries, eroding the potential of diplomacy in conflict resolution. Argentina's response must be forceful and precise. We must not fail to observe, by making the appropriate claims through all possible channels, that these actions seek to undermine our legitimate and irrevocable sovereign rights over the Falkland Islands."…

.., we consider that the attitude of Mr. Kent is inadmissible, improper of the position he occupies, offensive towards our country, contrary to the resolutions of the United Nations and in no way help the dialogue between both countries, eroding the potential of diplomacy in conflict resolution. Argentina's

129 MercoPress: South Atlantic News Agency November 2, 2018130 UN Document A/C.1/73/PV.20 dated October 29, 2018. One single sentence from the UK representative resulted in a

tirade from the Argentine, followed by a UK right of reply, an Argentine right of reply and a final UK right of reply. These meetings must be very tiresome.

131 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

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response must be forceful and precise. We must not fail to observe, by making the appropriate claims through all possible channels, that these actions seek to undermine our legitimate and irrevocable sovereign rights over the Falkland Islands. Likewise, it is necessary to remember that our country is characterized by peaceful, constant and constructive dialogue. For this reason, the sustained provocation of Mr. Kent is even more offensive since the Argentine Republic bets on the resolution of the sovereignty dispute by the Falkland Islands, South Georgia, South Sandwich and the surrounding maritime spaces for more than 185 years.” 132

In presenting evidence to the Foreign Ministry in Buenos Aires, the TdF Deputies note exchanges between

Ambassador Kent and British researcher Roger Lorton.

“In this way of proceeding, Mr. Kent has made comments on several occasions that may be classified as offensive and provocative towards our country and towards the claim of the Argentine people regarding the sovereignty dispute over the Falkland Islands, South Georgia, Sandwich. del Sur and the surrounding maritime spaces indicating arrogantly and improperly with the position he occupies, that the "dispute is resolved", namely:

Tweet of the 24.08.2017: "Yes. The matter is settled";

Tweet of the day 18.01.2018: "Tell her it's Wednesday Roger. And the matter is resolved";

Tweet of the 27.01.2018: "Sorry Roger. I agree that the matter is resolved. But you can't define an entire country that way. There are many reasonable people who want to have better relationships. Don't reject them";

Tweet of the 29.01.2018: "The matter is effectively resolved Roger";

Tweet of the 15.02.2018: "Where is @rogerlorton when you need him? The matter is resolved";

Tweet of the 12.03.2018: "The matter is settled";

Tweet of 05.26.2018: "The matter is settled";

Tweet of the day 11.10.2018: "I'm going to bed. It's morning in Thailand so @rogerlorton can come and tell you how the matter is resolved. And try to be good to everyone".

It should be noted that all the interventions mentioned were in the context of a conversation that expressly spoke of the existence of the sovereignty dispute between Argentina and the United Kingdom.” 133

“… we see the ambassador from the United Kingdom, Mark Kent, who periodically publishes tweets in his

official account with a slogan that says "The matter is settled", the question is closed. There is nothing more to

discuss. The ambassador of the United Kingdom of Great Britain, the country with which we have a hundred-

year dispute, a sovereignty dispute, is allowed make these kinds of expressions repeatedly. This led to a group

of deputies from Tierra del Fuego and other provinces to go to the Argentine Chancellery requesting that it

take the necessary measures. Alicia Castro has been an ambassador and knows perfectly that when an

ambassador exceeds they call him (to) the Chancellery and put the dots on the I's. It is not the case.” 134

132 Diputados fueguinos piden informes a Faurie por declaraciones del embajador británico sobre la soberanía de Malvinas in Diario Prensa November 6, 2018. https://www.diarioprensa.com.ar/diputados-fueguinos-piden-informes-a-faurie-por-declaraciones-del-embajador-britanico-sobre-la-soberania-de-malvinas/

133 Ibid.134 Jorge Argüello in Malvinas: Una Cause Regional Justa 2020 (CLACSO) p.191. Argüello is an Argentine diplomat who

served as Argentina’s permanent representative to the United Nations between 2007 and 2011.

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November 27th, details of a second flight from the Falklands to South America are confirmed. Connecting the

islands with Sao Paulo in Brazil weekly, there is to be a monthly stop-over at Cordoba in Argentina.

“… this will have the inescapable effect of strengthening the British presence on the islands, since the airway

serves to the replacement of the crews of the remote fishing boats that have a British fishing license and extract

our marine living resources, that the air means is used for the transfer of operators of companies that without

authorization from the Argentine Government explore hydrocarbons in the waters surrounding the Falkland

Islands, as well as for the transport of cargo, equipment and spare parts that these companies require for their

activities and is also used to facilitate the transfer of personnel from the British occupation forces, which also,

a higher frequency of flights would allow foreign tourists to board the Falkland Islands to Antarctica to the

detriment from the port of Ushuaia (…) generating the strengthening of the presence of the United Kingdom in

the disputed southern archipelagos.” 135

November 30th, Britain's Prime Minister, Theresa May, arrives in Buenos Aires for a G20 summit.

December 5th, the remains of Argentina pilot Luis Dario Jose Castagnari are repatriated to Argentina from the

Argentine Military Cemetery in the Falklands, following a request from his family.

December 7th, on decolonization questions, the General Assembly of the United Nations; “... adopted 21

resolutions and 1 decision. Among the resolutions was the text "Implementation of the Declaration on the

Granting of Independence to Colonial Countries and Peoples," adopted by a recorded vote of 124 in favour to 8

against (Côte d’Ivoire, Gabon, Israel, Morocco, Senegal, South Sudan, United Kingdom, United States), with 46

abstentions. According to its terms, the Assembly requested that the Special Committee continue to dispatch

visiting and special missions to the Territories, in accordance with the relevant resolutions. It called upon

administering Powers to ensure that their economic and other activities in the Territories do not adversely

affect the interests of their peoples, but instead promote development. It also called upon administering Powers

to terminate their military activities and eliminate their military bases in the Territories. ... Closely following

the Fourth Committee’s recommendations, the Assembly also adopted, without a vote, a series of annual drafts

relating to the decolonization of specific Non-Self-Governing Territories. They included texts affirming the

right to self-determination for the peoples of Western Sahara, American Samoa, Anguilla, Bermuda, British

Virgin Islands, Cayman Islands, French Polynesia, Montserrat, New Caledonia, Pitcairn, Saint Helena,

Tokelau, Turks and Caicos Islands, and the United States Virgin Islands.” 136

December 12th, Argentina’s Congress passes a Bill establishing two Marine Protected Areas. One is called

Namuncurá-Burdwood Bank II and covers the Burdwood Bank underwater feature some 200 miles south of the

Falklands.137 Part of the feature is within Falklands waters.

December 21st, Britain's Prime Minister, Theresa May, broadcasts a Christmas message to the Falklanders.

“... while the relationship between our governments is changing, I can assure that one thing will never change: our absolute commitment to the people and sovereignty of the Falkland Islands It is not up for debate. As long as you desire the right to be part of the United Kingdom family, we will defend that right – and a valued part of our family is what you will remain. ... You may be half a world away from us here in the UK, but you are very much in our thoughts.”

135 La Asociación Argentina de Derecho Internacional 2017 quoted by Alicia Castro in Malvinas: Una Cause Regional Justa 2020 (CLACSO) p.136

136 UN Press Release GA/12102 December 7, 2018137 A previous attempt to establish an Argentine MPA in 2013 had not resulted in any positive action to overseee it.

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2019 – January 3rd, Argentina issues an official release.

“On 3 January 1833, the Malvinas Islands, which are an integral part of the Argentine national territory, were illegally occupied by military forces of the United Kingdom … Argentina continues to receive the support for its legitimate sovereignty rights in the Malvinas Question from countries in the region, both bilaterally as well as through different regional forums. Other multilateral forums such as OAS, G77 plus China, and the Ibero-American summit have requested the resumption of negotiations.”138

January 18th, the Falkland islands Government (FIG) issue a press release.

“We recognise that, following these recent developments, the families of the 18 newly identified solders might wish to visit the Falkland Islands to pay their respects and see their relative’s grave with a new headstone with their name on it. Should they wish to visit in early March then we would support this and consider it part of upholding our humanitarian obligations, in much the same way as when we facilitated the DNA process.”

February 8th, the Government of South Georgia and the South Sandwich islands announces further marine

protection measure including an extension of no-take zones which are closed to commercial fishing.

February 10th, Argentina's Clarin newspaper carries an interview with Britain's Ambassador, Mark Kent.

During the interview, in answer to a question regarding Argentina's claim and the lowered tone during the Macri

presidency, Kent appears to confirm that a sovereignty dispute still remains live.

“… the conflict does not lead anywhere. Because we have to see the real challenges. For example, in fishing, in the environment, we see that there is a threat, illegal fishing. And apart from the sovereignty dispute, there is interest both from Argentines, both from the islanders, to collaborate in the protection of fishing stocks.” 139

“In a recent interview with the British Ambassador in Argentina, for the official Clarín newspaper, under the

title "Mark Kent:"If we do not act together, Argentines and British, we will not have more fishing", the British

diplomat provided a series of political definitions that are visibly contrary, both to international law and to

Argentine interests in the South Atlantic. Undoubtedly, the change of course that, in matters of foreign policy,

imposed by President Macri, allows the neocolonial thought that many British crown officials still maintain to

express themselves without shame. Asked about the sanctions on hydrocarbon operations imposed by

Kirchnerism for those who operate in the Falkland Islands, the Ambassador stated: "We are on the same line

that was agreed in 2016, in the joint statement, that we want all sanctions to be removed. We are waiting and

making progress." The English official refers to the Joint Communiqué, which has been irregularly and

illegally executed by Chancellor Jorge Faurie, signed on September 13, 2016, between the Minister of State for

Europe and the Americas of the British Foreign and Commonwealth Secretariat, Sir Alan Duncan, and the

former Vice Chancellor Ambassador Carlos Foradori, and that the Executive Branch refuses to refer to the

National Congress to give it the corresponding parliamentary treaty according to what is established in the

National Constitution in its article 75, inc.22. The British representative also noted that "Our position is to

support the islanders' right to self-determination."As it is widely known, this definition is contrary to public

international law and to the criteria set by the United Nations since the conditions for exercising the principle

of self-determination do not exist, nor does the status of people apply to the kelper population of the Falkland

138 UN Document A/73/698 dated January 9, 2019. An unusually explicit claim of support. 139 Face to face: Mark Kent in Clarin February 10, 2019. Interviewer Natasha Niebieskikwiat. My emphasis.

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Islands. The inhabitants of these archipelagos are a transplanted population, dependent on the British Crown,

with full citizenship of the United Kingdom, do not possess the essential requirements necessary to be legally

considered a "people".” 140

February 11th, Britain's Daily Express newspaper covers the story.

“Speaking in an interview for Clarin newspaper, Mr Kent said: "Our position is to support the right of self-determination of the islanders, but in a more modern relationship, we can not only exchange diplomatic notes, such as protest ones, we must find solutions and take action." Mr Kent said both countries need to work together to stop illegal fishing in the Argentine Sea. He also said: "Apart from the dispute over sovereignty, there is interest from both the Argentines and the islanders to collaborate in the protection of fishing stocks."…”

# Researcher's Comment: There was an immediate reaction on social media in Argentina, with some rejoicing

that the existence of a sovereignty dispute had been confirmed by a prominent British diplomat; despite this

having been denied by British Ministers in 2012 and 2016. However, this interview needs to be considered

against the events of November, 2018, when National Deputies from Tierra del Fuego, complained to the

Argentine Foreign Minister about Ambassador Kent tweeting that the “matter was settled.”

February 21st, a Britain's Foreign Affairs Committee published the conclusion of its inquiry into the nature of

Britain's relationship with its OTs.

“68. Since the start of our Global Britain inquiry, we have repeatedly argued that the FCO needs to move forward by looking back. We have said that the FCO should resume responsibility for the UK’s international trade and its relations with the EU and set the strategic direction of the UK’s foreign policy as it did before so many other departments became involved in international relations. When it comes to the Overseas Territories, however, the FCO needs to do the opposite; it needs to give up rather than reclaim responsibility. In other policy areas the FCO must return to form but with the OTs itis stuck in the past. This is reinforcing the sense that many in the OTs have that they are not just far away from Britain but foreign. That is why we are calling on the UK Government to commission an independent review into cross-government engagement with the OTs and the FCO’s management of its responsibilities towards them.

69.Parliament has a role to play too. It must ensure that, while the people of the OTs are not directly represented in Parliament, there is a forum for the effective scrutiny of the decisions taken in London that impact them directly. That is why we think the time is right to consider establishing a new formal mechanism by which the members of relevant select committees can scrutinise Government administration, expenditure and policy in relation to the OTs. Taken together, these and the other recommendations in this report can help to ensure that the bonds between the UK and the British Overseas Territories are strengthened and that together we can truly be a Global Britain.” 141

February 23rd, a group from Argentina's Lower House Foreign relations Commission announce that they are

willing to visit the Falklands on a fact-finding tour provided they are not required to have their passports

stamped on entry. 142

140 Draft Resolution (1539-D-2019) submitted to Argentina’s Chamber of Deputies April 5, 2019. See below. 141 See https://publications.parliament.uk/pa/cm201719/cmselect/cmfaff/1464/146401.htm 142 MercoPress February 23, 2019. The fact-finding tour was supposedly at the request of the British Embassy in Buenos

Aires. Ambassador Kent informed the Commission that their request was beyond his authority. No visit has taken place.

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February 25th, the International Court of Justice (ICJ) gives its advisory opinion regarding the separation of

the Chagos islands from the Mauritian NSGT in the 1960s. Within its conclusions, the ICJ rejected the breaking

off of the Chagos Islands from the Mauritius NSGT without the will of the people having been expressed. 143

“... respect for the right to self-determination is an obligation erga omnes,..” 144

The Court also viewed article 6 (territorial integrity) of UN resolution 1514 (XV) of 1960 as specifically relevant to

non-self-governing territories rather than of general application. This had been the British view in 1960. 145

“In order to prevent any dismemberment of non-self-governing territories, paragraph 6 of resolution 1514 (XV) provides that: "Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations."...” 146

“The Assembly's first question indicated that the relevant international law was reflected in a number of its

own resolutions. In particular, 1514(1960)(XV) declared that: all peoples have the right to self-determination

(paragraph 2); the colonial powers cannot place fetters on independence (paragraph 5); and any disruption of

the territorial integrity of a country is incompatible with the Charter (paragraph 6). However, during the

advisory proceedings, the United Kingdom and the United States contended that the right to self-

determination emerged as a CIL norm with the adoption of resolution 2625(XXV)(1970) — i.e. after Mauritius

had become independent. But did these resolutions reflect CIL at the material time? Custom evolves through

the coincidence of state practice and opinio juris (states behave in a certain manner because they believe that

they are obligated so to do). Assembly resolutions are not creative of law per se, but their content may

contribute to the formation of CIL. The requisite standard, at the time, was that the practice had to be extensive

and virtually uniform. It is widely acknowledged that resolutions may constitute evidence of opinio juris, but

whether they amount to manifestations of state practice as well has been more controversial. Nevertheless, it is

now increasingly accepted that the activity of states in connection with the adoption of such resolutions (e.g.

acts of voting and accompanying statements) may qualify as practice. So, did 1514 generate custom or did this

only happen with the passing of 2625? It is notable that the latter was adopted by consensus while 1514 was

passed by 89 votes with none against and 9 abstentions—largely the colonial powers. The ICJ ruled that the

adoption of 1514 marked the crystallization of the right to self-determination in CIL. The Court also took the

view that the subject of this entitlement — the "people" — must be defined by reference to the colonial unit as a

whole. Moreover, in keeping with paragraph 6 (above), it held that maintaining the territorial integrity of a

Non-Self-Governing Territory was a corollary of the right to self-determination. Invoking the formulation it

had articulated in the Western Sahara Case, the Court observed that after 1960 the partitioning of such a

Territory would violate the right to self-determination, "unless it is based on the freely expressed and genuine

will of the people of the territory concerned." 147

143 See https://www.icj-cij.org/files/case-related/169/169-20190225-01-00-EN.pdf Relevant to the way in which Administrative Powers deal with the non-self governing territories (NSGTs) under their administration, the full effects ofthis opinion are still unclear. What was certain, was that the UN itself was criticised for inaction over the Chagos both in the 1960s and afterwards. The UK rejected the opinion.

144 International Court of Justice Summary 2019/2 February 25, 2019 - https://www.icj-cij.org/files/case-related/169/169-20190225-SUM-01-00-EN.pdf

145 Shaw to Diggines (1969) in FCO 7/1080. cf. 1960146 Advisory Opinion of the International Court of Justice regarding the Legal Consequences of the Separation of the

Chagos Archipelago from Mauritius in 1965 February 25, 2019 para.153 147 The Chagos Advisory Opinion and the Decolonization of Mauritius Stephen Allen April, 2019 in American Society of

International Law. CIL = Customary International Law

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“... following the Chagos opinion, a persuasive argument can be made that self-determination and the right to

decolonization come close to being one and the same thing,.. Identifying the right to self-determination with

colonization has the further advantage that all the traditional and difficult questions relating to self-

determination no longer pose insurmountable obstacles. If self-determination is essentially limited to non-self-

governing territories (i.e. colonies), there is no need to figure out what on earth the notion of ‘peoples’ means,

as in the phrase ‘all peoples have a right to self-determination’. There is no longer a need to balance historical

continuity against linguistic community, or secession against territorial integrity, … The two perennial

problems associated with the right to self-determination have therewith been clarified. Firstly, the identity of

the right-holder is now clear: the right-holder is the non-self-governing territory. Secondly, the consequence of

self-determination has become clear as well: the self-determination of non-self-governing territories will

ideally materialize in their independence, unless they themselves opt freely for association or integration with

another state, in accordance with General Assembly resolution 1541 (XV).” 148

“In its advisory opinion, however, the Court made it clear that Resolution 1514 applies only to non self-

governing territories.” 149

# Researcher's Comment: As an advisory opinion, the court's conclusions have no mandatory effect. There were

quickly rejected by the UK on the basis that the two island groups had separate histories and that they had been

grouped as a single colony only for administrative purposes. The full effect of this opinion is likely to take some

years to be fully understood, however, the emphasis laid upon the rights of the people of the NSGTs to detemine

issues appears to favour all those territories still listed for decolonization. Including the Falklands. Erga omnes

is a Latin phrase that, in legal terms, means a right or obligation owed to all. All. No exceptions.

On the same day, the FIG announce that a private charter will arrive on March 13 carrying the next of kin of the

18 previously unknown soldiers recently identified for a ceremony at the Argentine Military Cemetery at Fish

Creek.

February 26th, Argentina's Foreign Ministry issues a statement with regard to the Chagos case at the ICJ.

“The Advisory Opinion of Chagos is relevant to the Question of the Falkland Islands because it is a situation of territorial dismemberment, and refers to principles that are fundamental in the claim on ourIslands.” 150

On the same day, the annual UN working paper on the Falkland islands is published in New York. This outlines

conditions in the Falklands' NSGT and the positions of the various parties. Under Action taken by the General

Assembly, the report notes:

“In its resolution 58/316, the General Assembly decided that the item entitled "Question of the FalklandIslands (Malvinas)" would remain on the agenda for consideration upon notification by a Member State. As at the date of the issuance of the present working paper, no such notification by a Member State to the Assembly had been received.” 151

148 Shrinking Self-determination – The Chagos Opinion of the International Court of Justice Prof. Jan Klabbers in European Society of International Law ESIL Reflections 2019 vol 8, issue 2

149 Pascoe 2020 p.335150 Information for the Press No: 069/19. Probably better if they had read the judgement first. 151 UN Doc A.AC.109/2019/6. Although dated February 26, 2019 a footnote states that it was “reissued for technical

reasons on 22 March 2019.” Resolution 58/316 entitled Further measures for the revitalization of the work of the General Assembly dates from 2004.

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March 13th, a group of Argentine relatives are flown into the Falklands for a short ceremony at the Argentine

Military Cemetery at Fish Creek, outside Stanley.

“This brings the total number of identified soldiers to 110 since the International Committee of the Red Cross first began DNA work back in 2017, and new gravestones were set in place ahead of the arrival of the families. Present during the visit were Falkland Islands Government officials, as well as representatives from the Argentine Ministries of Human Rights and Foreign Affairs, and the British Embassy in Buenos Aires. British Military personnel from BFSAI provided appropriate Military honours during the service.” 152

“Sixty-five next of kin of Argentine combatants buried in the Falkland Islands and whose remains were

recently identified, visited the Argentine military cemetery at Darwin to pay their respects and pray next to the

graves of their loved ones. … The trip started at Ezeiza airport on Wednesday at 04:30 in the morning and the

official ceremony at 11:00 with a mass by an Argentine padre, cousin of one of the fallen combatants, together

with a Falklands priest and parson. This was followed by a ceremonial Scottish Infantry Company Guard of

Honour, six soldiers with rifles reversed in full traditional kilt uniform and a piper who played "Laments". …

This means that only ten remains out of 122 at the Argentine military cemetery still are unknown... The

visiting group also displayed a national Argentine flag, held low below waist-height and as it was unfolded it

was carefully explained it was in honour and respect to those buried at the Argentine memorial and to those

names on the surrounding walls who lost their lives at sea and have no grave ...” 153

A plaque is erected at the cemetery.

“... which explains that the Cemetery is the property of the Families Commission, Funded by AA2000 and

maintained by a local company. The Corporation America which owns AA2000 and belongs to Argentine

businessman Eduardo Eurnekian also funded the two trips of next of kin, both in March 2018 and 2019.” 154

The visiting group fly back to Argentina the same day where they are received by Argentina's Foreign Minister

Jorge Faurie. An official press release concludes; “We continue working to relieve this painful wound and

building the path for a truly historic retrieval for those who gave their lives defending our motherland.” 155

April 2nd, commemorative events take place in Buenos Aires remembering the war of 1982. President Macri

receives relatives of Argentina's dead on what is now known as 'Malvinas War Veterans and Fallen day.' Macri

unveils a plaque to remember the 649 Argentine combatants who lost their lives following their invasion of the

archipelago; announcing that his country's claims are “legitimate and irrevocable.”

“But, according to official sources questioned in the Government, there is no intention of (Argentina) going to the Hague (ICJ) over the Falklands, not for an Advisory Opinion – as Mauritius did for Chagos – nor for a (formal) trial – the contentious way – as the Government of Nestor Kirchner did against Uruguay over the (factory) erected on their side of the binational Uruguay River.” 156

152 FIG Press Release March 13, 2019153 MercoPress March 14, 2019. My emphasis. There had been an agreement that no flags were to be flown and no flags

displayed that had been altered in any way. This flag was still controversial however, due to its very large size which – surprisingly – had not been considered during the negotiations.

154 Ibid.155 Ibid156 Fallo por Chagos: Pese a un reciente caso testigo, el Gobierno no llevará Malvinas a la corte de La Haya in Clarin

April 2, 2019

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April 5th, a Bill is introduced into Argentina’s Chamber of Deputies.

“Resolves: To address the National Executive Power in the terms of article 100, subsection 11 of the National Constitution so that, through the Head of the Cabinet of Ministers, it reports to this H. Chamber of Deputies of the Nation the following matters related to the declarations of the Mr. Mark Kent, Ambassador of the United Kingdom of Great Britain, related to the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime spaces:

• Repudiate the sayings of the British Ambassador for trying to naturalize the colonial situation that affects the sovereign rights of the Argentine Republic over the Falkland Islands, South Georgia and the South Sandwich Islands and the maritime spaces that surround them, as well as rejecting the British claim to share the exploitation, administration and protection of natural resources, natural heritage that belong wholly and exclusively to the whole of the Argentine people.

• Submit all available information related to the economic and environmental impacts registered on fishery resources, which generates the irregular and discretionary exploitation authorized by the United Kingdom of Great Britain, and what have been the measures adopted to avoid the over exploitation of those resources fish in the reference area.

• Submit proof of the number of fishing vessels in the area, their nationality, size of the catches, commercial valuation of that activity, estimation of the permits granted and all other information related to this matter.

• Inform what has been the diplomatic response provided by the Argentine government, before the statements of the Ambassador in the reference interview, where he claims the principle of self-determination of the islanders, minimizes the claim of Argentine sovereignty and assumes as legitimate and legal the exploitation of natural resources by the English government.

• Inform what the bilateral advances in fisheries referred to by the English diplomat consist of; in particular what are the results of the periodic meeting held by the South Atlantic Fisheries Commissionand, especially, the agreements reached within the Scientific Subcommittee of said Commission.

Also inform what are the "progress" to which the English official alludes, when referring to the "removal of all obstacles that limit the economic growth and sustainable development of the Falkland Islands, including fishing, shipping and hydrocarbons", agreed in the Foradori-Duncan Joint Communication of September 13, 2016.” 157

April 12th, Argentine lawyer, Daniel Sebastian Ujhelly, a participant in the Stanley marathon, is fined for an

offence related to the attempted export of munitions. 158

May 2nd, the Special Committee on Decolonizations' 3-day regional seminar opens in Grenada with a video

message from the UN Secretary-General who urges a “renewed commitment” to accelerate the decolonization

process. UN expert Judith Bourne informs the meeting that during the previous 29 years only one territory had

been decolonized, and one had returned to the list. She asserts; “many of the peoples of today’s Non-Self-

157 Draft Resolution (1539-D-2019) of the Chamber of Deputies entitled Pedido de informes al poder ejecutivo sobre diversas cuestiones relacionadas con las declaraciones del señor Mark Kent, embajador del Reino Unido de Gran Bretaña, sobre las Islas Malvinas, Georgias del sur y Sandwich del sur y los espacios maritimos circundantes. (Request for reports to the executive branch on various issues related to the statements of Mr. Mark Kent, Ambassador of the United Kingdom of Great Britain, on the Falkland Islands, South Georgia and the Southern Sandwich and the maritime spaces surrounding.) submitted April 5, 2019. See https://www.hcdn.gob.ar/proyectos/proyectoTP.jsp?exp=1539-D-2019

158 Concerning ammunition found during a Battlefield Tour.

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Governing Territories have little or no knowledge of the three self-determination options, and demonstrate no

generalized impulse towards self-determination, ... emphasizing that "this should not be seen as a lack of

desire, but as a lack of information"...” 159

May 3rd, in Grenada, speakers; “... expressed diverging views today over the manner in which Charter

principles of the United Nations such as self-determination and territorial integrity apply to Western Sahara,

the Falkland Islands and Gibraltar.”

“As the Special Committee turned to another question, a participant from the Falkland Islands (Malvinas) said the United Kingdom has no doubt about its sovereignty over the Territory nor about theprinciple and the right of its inhabitants to self-determination. He recalled that Argentina’s attempt, within the Fourth Committee (Special Political and Decolonization) in 2008, to remove the right of self-determination in "disputed" territories was defeated.

Argentina’s representative said the ... United Nations did not consider the principle of self-determination to be applicable to this situation, he said, explaining further that none of the relevant resolutions of the General Assembly nor of the Special Committee accepts, expresses or supposes that such a principle can be applied by virtue of the specificity of the case. Moreover, in 1985, the Assembly expressly rejected two British attempts to incorporate the principle of self-determination into the draft resolution on the question of the Malvinas Islands, he added.” 160

May 4th, the Chair of the Special Committee on Decolonization, speaking in her home nation, refers to “good

and constructive discussions” during the 3-day seminar before closing the event.

# Researcher's Comment: A fine example of the Sisyphean motion as much the same was said last year, and the

year before that, and indeed every year since the Special Committee on Decolonization opted to have three

expenses-paid days away at exotic locations; although never in controversial territories such as the Falklands or

Gibraltar. Most revealing were the comments by the UN's supposed 'expert' who pointed out that the Special

Committee had achieved absolutely nil result in the last 29 years. She could have added that the Committee had

relatively little effect on the decolonizations before that. This farce is long overdue for closure despite Grenada,

which has hosted the event four times, being likely to see a loss of credit-card revenue.

May 6th, in The Times.

“Argentine nationalists have been accused of travelling to the Falklands dressed in combat gear and intimidating residents. Politicians in the British overseas territory are considering introducing a blacklisting system to halt the "intimidation" as the problem has escalated. Groups of up to a dozen men, sometimes clad in camouflage, arrive in the territory once a month on the sole inward flight that stops off in Argentina en route to the islands from Chile. They stay for a week until the outward flight via Argentina leaves again. They have been accused of causing distress to islanders by seeking to provoke arguments and by filming incendiary videos, later posted on social media, in which they declare that the territory belongs to Argentina.” 161

159 UN Press Release GA/COL/3332. Grenada became independent in 1974 and is no longer on the list of territories recognised by the UN for decolonization.

160 UN Press Release GA/COL/3334161 Argentinians in combat gear stir up trouble in Falklands Lucy Fisher The Times May 6, 2019

36

June 10th, Argentina writes to the UN with regard to its Day of Affirmation of Argentina’s Rights over the

Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas.162

June 25th, at the United Nations, the Special Committee163 meets to consider the question of the Falkland

Islands. MLA Roger Spink, representing the people of the Falkland Islands, addresses the committee.

“I am pleased to be representing my country here at the United Nations, ... to defend my country against the support that some members of this Committee give to the colonial aspirations of Argentina...We are not a colony of the United Kingdom, but an Overseas Territory, that has progressed well beyond colonial status. We have expressed our clear wish, in a free, open and internationally observed referendum in 2013, to remain an Overseas Territory of the United Kingdom, with HM The Queen as Head of State… I say now to the Argentine representatives stop behaving like an envious and greedy colonial power wishing to conquer and subjugate the people of the Falkland Islands and start behaving like a 21st century member of the world community respecting democratic rights and living and working in harmony with your neighbors. I ask the members of the C24 to cast aside their preconceptions and to come and see for themselves the modern thriving Falkland Islands and its rightful people.”

MLA Roger Edwards also addresses the Special Committee.

“I wish to remind this Committee that it is not charged by the Secretary General nor by the General Assembly with discussing or resolving sovereignty disputes nor to advance, or support, claims to the Falkland Islands, or any other territory – any reference to sovereignty is an abuse of this committee’s purpose. I trust, Madame Chairman that you will enforce strict ruling to keep to the agenda and to the mandate of this committee. … I will conclude by asking all 29 members of this Committee to ignore the unjust and false claims put forward by Argentina and to remain true to the mandate of this Committee... I ask that the Committee acknowledge the Falkland Islanders right to be recognized as a people and as such their right to self-determination” 164

Petitioners on behalf of Argentina include Luis Gustavo Vernet, a great-great-grandson of the Governor

appointed by Buenos Aires in 1829. Argentina's Foreign Minister, Jorge Marcelo Faurie also makes a speech

asserting that; “The time that has passed has not diminished the validity of our claim ...” 165 Chile, speaking on

behalf of Bolivia, Cuba, Ecuador and Nicaragua, introduces a draft-resolution calling upon the UK and Argentina

to resume negotiations with regard to the question of sovereignty. As in previous years, this is adopted by

consensus.

June 26th, Argentine Foreign Minister, Jorge Faurie, meets with UN Secretary-General Antonio Guterres.

Faurie assures the Secretary-General that Britain's MP Boris Johnson is open to dialogue regarding the

Falklands. Johnson is the leading candidate to replace Theresa May as Prime Minister. Faurie asks Guterres to

continue with his 'good offices' in trying to persuade the UK to negotiate the archipelago's sovereignty. 166

162 See https://digitallibrary.un.org/record/3810449?ln=en cf. November, 2019163 Formally known as the Special Committee on the Situation with regard to the Implementation of the Declaration on the

Granting of Independence to Colonial Countries and Peoples. 164 MercoPress June 25, 2019. See also UN Document A/AC.109/2019/SR.7 165 UN Press release GA/Col /3338 June 25, 2019. See https://www.un.org/press/en/2019/gacol3338.doc.htm 166 MercoPress June 27, 2019. There is no evidence that the UN Secretary-General was using his 'good offices' in this way.

37

As regards the Chagos Advisory Opinion; “This is a major blow to colonialism, a historic win for Mauritius and

reinforces the juridical stand of Argentina in its claim over the Malvinas Islands, a valuable antecedent for

Argentina's claim which will be incorporated to the C24 record.” 167

July 6th, an agreement is reached between the Falklands Islands Government and LATAM airlines for a weekly

flight from Brazil to the Islands. Once a month there is to be a stop-over at Cordoba in Argentina.

The first flight is planned for November.

“In accordance with the principles set out in the joint statement and exchange of letters of 14 July 1999, ... It

had been agreed that annual bilateral discussions would be held on air services, which would include

reviewing options for further connectivity. In that regard, the Government of Argentina reiterates its intention

to continue bilateral discussions under the sovereignty formula in order to establish a direct flight between

Buenos Aires and the Islands.” 168

The Scientific Subcommittee of the South Atlantic Fisheries Commission meet in Buenos Aires.

“Under the formula on sovereignty contained in paragraph 2 of the joint declaration issued in Madrid on 19

October 1989, and following the joint communiqué of 13 September 2016, the Scientific Subcommittee of the

South Atlantic Fisheries Commission met in Buenos Aires in ... July 2019,.. In 2019, exchanges of fisheries data

continued and two joint research cruises were conducted to study the Illex squid and southern blue whiting.” 169

August 14th, Islanders celebrate Falklands day. A commemoration of the first recorded sighting of the

archipelago in 1592 by John Davis. 170

August 21st, the UN Special Committee on decolonization issues its annual report. As in previous years, the

Special Committee notes its Falklands resolution but does not then include it amongst the list of

recommendations for the Fourth Committee and General Assembly. 171

“… nothing comes of it since the C24’s mandate is merely to consider cases of colonialism against the background of the

relevant United Nations resolutions and to report annually to the UN General Assembly on progress towards “the

eradication of colonialism in all its forms”. Thus the Committee is not empowered to make any territorial

recommendations, and merely submits a report calling for negotiations.” 172

September 3rd, Argentine decree 602/2019 authorises the new weekly flight from South America to the

Falkland Islands. Signed by President Mauricio Macri, cabinet chief Marcos Peña, foreign minister Jorge Faurie

and Transport minister Guillermo Dietrich.

“According to the experts' view, the Government adopted the form of a "joint communiqué" to avoid complying with the constitutional obligation to submit the international agreements signed by the Executive Power to the approval of the National Congress. In this way, the Macri government mocked the popular will expressed by its representatives who, unanimously and in accordance with what is stated in the National Constitution in its first transitional clause, rejects the terms of the statement.

167 Quoted in MercoPress June 27, 2019. Quite how the ICJ Opinion reinforced Argentina's claims was not explained.168 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of

Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

169 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

170 Ceased to be a public holiday in 2002.171 See https://digitallibrary.un.org/record/3828123?ln=en 172 Pascoe 2020 p.331

38

It is, therefore, an act that has manifestly illegitimate and offensive characteristics for national interests. … Regarding flights, the statement states that the parties "agreed that additional air connections would be established between the Falkland Islands and third countries. "This ignores the historical demand of Argentina to promote a second flight from the Argentine mainland and through theflag carrier, Aerolíneas Argentinas.” 173

September 24th, Argentine President Macri addresses the UN General Assembly at the opening of the new

session. In his speech he reaffirms Argentina's rights to the Falkland Islands, South Georgia and the South

Sandwich Islands.

September 25th, the UK send a one-page letter to the UN Secretary-General referring to Macri's speech. The

UK reaffirms that it has no doubts regarding its sovereignty of the Falklands and other territories claimed by

Argentina. 174

September 30th, the UK sends a letter to the United Nations in response to comments made at the UN by the

representatives of Cuba and Nicaragua. 175

“The United Kingdom has no doubt about its sovereignty over the Falkland Islands and South Georgia and South Sandwich Islands, and the surrounding maritime areas of both territories, nor about the principle and the right of the Falkland Islanders to self-determination, as enshrined in the Charter of the United Nations and in article 1 of the two Covenants on human rights, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development. This means that there can be no dialogue on sovereignty unless the Falkland Islanders so wish. The 2013 referendum, in which 99.8 per cent of those who voted wanted to maintain their current status as a territory of the United Kingdom, sent a clear message that the people of the Islands do not want dialogue on sovereignty. Argentina should respect those wishes.”

October 9th, Argentina’s government issue a press statement.

“Since 2013, the energy authorities of Argentina have carried out administrative proceedings against

companies developing unauthorized hydrocarbon exploration activities in the area. Argentina sent advisory

letters to companies directly or indirectly involved in those activities... In a press statement issued on 9 October

2019, Argentina urged the companies and other entities to refrain from financing or participating in the

exploration or exploitation of hydrocarbons in the area under dispute, as these activities were subject to

administrative and judicial legal actions, in accordance with the legislation of Argentina. … the United

Kingdom continued to make clear to Argentina its position that, under international law, the continental shelf

did not form part of Argentina; supported the right of the Islanders to develop their natural resources for their

own economic benefit as an integral part of their right of self-determination; and rejected the applicability of

the domestic legislation of Argentina to those companies engaged in the Islands’ hydrocarbon activities.” 176

October 12th, a conference held in Tierra del Fuego condemns the 1989 Anglo-Argentine treaty. Attended by

Tierra del Fuego Governor Rosana Bertone, former foreign minister Jorge Bielsa, and the Malvinas Question

Affairs Secretary, Jorge Arguello.

173 Falklands, three years after the illegitimate Foradori-Duncan agreement Daniel Filmus in InfoBae September 16, 2019174 UN Document A/74/456 dated September 26, 2019. 175 UN Document A/74/487176 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of

Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

39

October 7th - 16th, the United Nations Fourth Committee considers decolonization matters and the report of the

Special Committee on Decolonization (C24). 177

At the end of every session, the UK representative confirms the UK’s position with regard to the Falkland Islands.

“Ms. Viney (United Kingdom), in response to the comments made by the representatives of Argentina, Bolivia, Brazil, Colombia, the Dominican Republic, Paraguay and Uruguay, said that her country had no doubt regarding its sovereignty over the Falkland Islands and South Georgia and the South Sandwich Islands and the surrounding maritime areas of both Territories, or regarding the right of the Falkland Islanders to self-determination in accordance with the Charter of the United Nations and the two International Covenants on human rights, in order freely to determine their political status and pursue their economic, social and cultural development. Therefore, no dialogue on sovereignty was possible unless the Falkland Islanders so wished.” 178

In London, Richard Hyslop takes over from retiring Sukey Cameron as the Falklands' UK representative.

October 27th, elections in Argentina are held to select a President, members of the National Congress and

provincial Governors. Alberto Fernández wins the Presidential election.

November 7th, at a book launch at London University, author Grace Livingstone claims that the Foreign and

Commonwealth Office had deliberately destroyed 322 files dating from the 1970s and early 1980s. Files

containing information regarding high level contacts between Britain and Argentina in the period before the

1982 Falklands War. 179

November 20th, a flight from São Paulo, Brazil, touches down at mount pleasant Airport in the Falklands. The

first of the new weekly flights from the South American mainland to the archipelago. An attempt to use

Argentina's courts to stop the flight failed. 180

“In accordance with the principles set out in the joint statement and exchange of letters of 14 July 1999, a

second weekly service operated by LATAM commenced on 20 November 2019 between the Falkland Islands

(Malvinas) and São Paulo, Brazil, with two monthly stopovers (one in each direction) in Córdoba, mainland

Argentina….” 181

November 28th, the Argentine government send a two-page letter to the UN Secretary-General responding to

the UK's letter of September 25th. Argentina outlines its historical claims and its view that self-determination is

not applicable to the Falkland islanders. 182

“In June and November 2019, the Government of Argentina requested the Secretary-General to renew his

efforts to assist the parties in order to find as soon as possible a peaceful settlement of the dispute in the

framework of the mission of good offices that the General Assembly had entrusted to him through a series of

resolutions, starting with its resolution 37/9, and that had received the renewed support of the Special

177 UN Documents A/C.4/74/SR.2 to 8178 This from A/C.4/74/SR.2. Later statements followed the same formula. 179 Grace Finds Evidence of a Wartime Cover-Up in the Camden New Journal November 8, 2019180 The day before the flight left Brazil, the Argentine Government asked that the event be without any ceremony or the

attendance of officials. No publicity. See MercoPress November 19, 2019181 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of

Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

182 UN Document A/74/568 dated December 2, 2019

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Committee in its annual resolutions on the question of the Malvinas Islands. In that regard, despite the

disposition of the Government of Argentina for dialogue and the call of the international community, the

United Kingdom refuses to resume negotiations on sovereignty.” 183

# Researcher's Comment: These exchanges must be viewed as tedious by the UN. They achieve nothing.

Argentina's claims that the right of self-determination does not apply to the Falklanders is based upon a partial

interpretation of a small event in 1985, when a UK amendment to reinforce the rights of the Islanders was not

passed by the General Assembly. Most nations that explained their vote did so by saying that the right was

already enshrined. Argentina avoids any reference to the reality that the 1985 resolution was notable for the GA

dropping any reference to UN resolution 2065 (1965). On that basis, the UK could argue that the General

Assembly no longer saw any duty for the UK to negotiate. Argentina is also inclined to forget that it lost its own

amendment in 2008. This attempted to restrict the right of self-determination to territories where there was no

sovereignty dispute. Adopted by the Special Committee on decolonization, it was cast down at the Fourth

Committee. If anything, a greater loss than that of the UK in 1985.

December 7th, the islanders commemorate the Battle of the Falklands 1914. The Falklands Maritime Heritage

Trust announces the discovery of the wreck of SMS Scharnhorst, 98 nautical miles south-east of Stanley.

December 10th, Argentina's new President, Alberto Fernández, makes an inaugural speech.

“We reaffirm our strongest commitment to honor the First Transitory Clause of the Argentine Constitution and we shall work tirelessly to boost ...the legitimate and imprescriptible sovereignty claimover the Malvinas, South Georgia and South Sandwich Islands and corresponding maritime and insularspaces... We shall do it knowing that the peoples of Latin America and the world are supporting us, and convinced that the only possible way is peace and diplomacy. We shall honor the memory of those who fell fighting for sovereignty. We shall work for the peaceful resolution of the disagreement and based on the dialogue proposed by the United Nations Resolution 2065.” 184

Recognising that the term of his presidency is unlikely to be long enough to achieve Argentina's aims, Fernández

announces a 'Council' to; “... forge a national consensus to design and advance strategies...”

December 12th, a General Election in the UK, sees the Conservative Party take a majority. Party leader, Boris

Johnson is Prime Minister.

December 20th, Boris Johnson, Britain's Prime Minister, sends a Christmas greeting to the Falkland Islanders.

“... let me reassure you that our support for your right to determine your own political status is not going to change. Just a few years ago a whopping 99.8 per cent of you voted to remain as a British overseas territory, and if you have learned one thing from my time as Prime Minister it is surely that I am not in the business of ignoring referendum results. But while that is not going to change, this year has shown, once again, that the people who call the Falklands home continue to evolve and adapt to better embrace the opportunities of a changing world. It’s just what you do, what you have always doneever since Captain Strong first waded ashore all those years ago.”

December 27th, an Argentine decree, 85/2019, returns Daniel Filmus as head of the Malvinas, Antarctica and

South Atlantic Secretariat. A sinecure downgraded during the previous Presidency.

183 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6

184 Quoted in MercoPress December 11, 2019

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2020 – January 3rd, Argentina issues its annual statement on the 187th anniversary of the ejection of its

garrison from Soledad Island, in 1833, by British forces. Followed by a letter to the United Nations. 185

“Over the 187 years of this usurpation, Argentina has at all times vigorously asserted its claim to exercise its effective sovereignty over the archipelagos and maritime areas in the South Atlantic which to this day remain occupied by the United Kingdom of Great Britain and Northern Ireland. … In his

recent inaugural address to the Legislative Assembly, President Alberto Fernández reaffirmed that the claim to

exercise sovereignty over the Malvinas Islands is a State policy, transcending any partisan distinction, and

emphasized that "there is no more room for colonialism in the twenty-first century". He also stated that, as a

democracy, Argentina had no other path than diplomacy and peace to assert its claim. With the imminent

commemoration of the bicentenary of the first raising of the national flag in the Malvinas Islands, on 6 November

1820, Argentina reiterates its willingness to resume negotiations with the United Kingdom in the same

constructive spirit that, for nearly two decades after 1966, inspired both countries and led them to discuss various

solutions...” 186

January 6th, Secretary Daniel Filmus announces an Argentine policy to emphasise that Argentina is a “bi-

continental” territory.

“... Filmus said besides reaffirming presence in the South Atlantic and Antarctica, "the Argentine sea (South Atlantic) is one of the richest in living and non living resources, which represents a great challenge for marine scientific research and conservation of bio diversity, and an excellent opportunity for international cooperation and regional integration." Filmus said that Argentina, to its approximately 4.799.000 square kilometers of territorial waters, now has added 1.782.000 sq km of continental shelf beyond the 200 miles, with rights over sea bed and below sea bed resources, accordingto the UN committee on continental shelf limits. This does not include the areas surrounding the Malvinas, South Georgia and South Sandwich Islands given the sovereignty dispute with the UK. "Active sovereignty presence in the continental shelf and its resources is strategic as is Argentina's membership of the Antarctic Treaty, we will work strongly to consolidate our maritime and Antarctic conscience," adding that in this framework the recovery of the Malvinas Islands is top priority of the Fernandez administration foreign policy.” 187

Filmus adds that the new Argentine policy is to keep demanding that Britain comply with UN General Assembly

resolution 2065 of 1965.

# Researcher's Comment: As new policies go, this one has a long and unsuccesful history. Resolution 2065 was

buried at the UN in 1985, at Argentina's request. It did not appear in any of the following UN GA resolutions on

the Falklands, the last of which was in 1988. Long dead, and longer ignored. RIP 2065.

February 18th, at a meeting between Uruguayan Foreign Minister elect, Ernesto Talvi and Argentine Foreign

Minister Felipe Solá, raised the issue of 13 ‘emergency’ flights from the Falklands during 2019. Solá questioned

whether these were genuine emergencies. Also raised are increasing links between Uruguay and the archipelago

which Buenos Aires considers as breaching some tacit agreement between the two nations. Talvi’s responses are

not published. 188

185 UN Document A/74/638 January 6, 2020. 186 No mention of Argentina's illegal invasion in 1982.187 MercoPress January 6, 2020188 Argentina pressing Uruguay on Falklands' RAF flights landing in Carrasco in MercoPress February 21, 2020

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February 20th, responding to Argentina’s latter of January 3rd, the UK addresses a letter to the UN Secretary-

General.189

“The United Kingdom is clear about both the historical and legal position on the sovereignty of the Falkland Islands. No civilian population was expelled from the Falkland Islands on 3 January 1833. An Argentine military garrison had been sent to the Falkland Islands three months earlier in an attemptto impose Argentine sovereignty over British sovereign territory. The United Kingdom immediately protested and later expelled the Argentine military garrison on 3 January 1833. The civilian population, who had previously sought and received British permission to reside on the Islands, were encouraged to remain. The majority voluntarily chose to do so. In 1833, the territorial borders of the Republic of Argentina did not include the geographical southern half of its present form, nor any territory in the Falkland Islands, Antarctica, or South Georgia and the South Sandwich Islands. The land that now forms the Argentine province of Tierra del Fuego, of which the Republic of Argentina purportedly claims the Falkland Islands forms a part, did not itself form part of the Republic of Argentina until approximately half a century after 1833, by which time the current Falkland Islands people had lived and raised two generations on the Islands. British sovereignty over the Falkland Islands dates back to 1765, some years before the Republic of Argentina even existed. ...”

February 21st, Secretary-General of the United Nations, António Guterres, addresses the opening session of the

Special Committee on Decolonization in New York. 190

“As we prepare to celebrate the seventy-fifth anniversary of the United Nations in October, we have an opportunity to look back at the achievements of this Organization. Decolonization is certainly one of themost significant chapters in the UN’s history and this Special Committee has played a key role. In 1946, 72 Territories were placed on the original list of Non-Self-Governing Territories. Today, this number stands at 17. We can all be proud of this achievement.

We must not forget that the peoples in those 17 Territories are still waiting for the promise of self-government to be fulfilled, in accordance with Chapter XI of the United Nations Charter, the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples, and relevant United Nations resolutions. This year also marks the last year of the Third International Decade to Eradicate Colonialism. This milestone is an important opportunity to take stock of our progress. Given that the lastNon-Self-Governing Territory to conclude its decolonization process was Timor-Leste in 2002, it is reasonable to ask: has the decolonization agenda reached an impasse? The answer is no. Things are moving, albeit at a slow pace.... Decolonization is a process that has to be guided by the aspirations andneeds of the communities living in the Territories. The concerns of the peoples of the Territories are varied, and it is our collective responsibility to amplify their voices.... We must continue to serve as a forum for meaningful dialogue between Territories and administering Powers to enable the peoples of the Territories to make informed decisions about their future.”

“Not a word about territories in which the UN itself has decided and ratified that self-determination does not

apply, in at least two conflicts, one of them Malvinas.” 191

189 UN Document A/74/721190 UN Press Release SG/SM/19982 February 21, 2020191 Malvinas: ¿Avances en la autodeterminación? Andres Cisneros in Clarin April 1, 2020. There has, of course, been no

such decision by the United Nations in respect of any of the listed Non-Self Governing Territories.

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March 12th, the UN’s Special Committee on Decolonization publishes its annual Working Paper on the Falkland

Islands NSGT; covering all aspects if Island life.

“With regard to telecommunications, according to the administering Power, broadband Internet service is

accessed by 87 per cent of households in the Islands. With respect to utilities, according to the administering

Power, a major wind farm meets approximately 34 per cent of the urban electricity needs, and renewable

energy sources, such as wind turbines and solar arrays, are used on farms, homesteads and settlements.” 192

The working paper also notes in its final paragraph; “In its resolution 58/316, the General Assembly decided

that the item entitled “Question of the Falkland Islands (Malvinas)” would remain on the agenda for

consideration upon notification by a Member State. As at the date of the issuance of the present working

paper, no such notification by a Member State to the Assembly had been received.” 193

March 23rd, Argentina writes to the UN Secretary-General responding to the UK’s February 20 response to

Argentina’s January 3 letter. 194

“The Argentine Republic rejects each and every one of the claims contained in the aforementioned British reply, ... and reaffirms that the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas are an integral part of Argentine national territory and, being illegally occupied by the United Kingdom since 1833,..”

# Researcher's Comment: Generally, the UK is not inclined to respond further, in the knowledge that Argentina

is impotent to change the situation.

On the same day, Argentina offers medical assistance to those Falkland Islanders suffering from the pandemic.195

March 30th, following the spread of the Corona virus world-wide, LATAM’s air services to the Falklands are

suspended.

April 9th, the Falkland islands Government announces restrictions on non-essential visitors to the Islands.

While some members of the military at MPA have tested positive for the virus, no Islander has been found to be

infected despite early fears. 196

April 12th, it is reported that Argentina is including cases of virus infection in the Islands among its own figures.

The only cases, however, being among the Islands’ security forces at Mount Pleasant Airport.

May 13th, against a background of falling oil prices, Premier Oil shelves its Falkland Islands’ offshore project.

June 10th, on Argentina’s Day of Affirmation of Argentina’s Rights over the Malvinas Islands, South Georgia

Islands and South Sandwich Islands and the surrounding maritime areas the government announce three new

Bills. One of these seeks to identify a new border on the continental platform, beyond the 200-mile limit. 197

192 Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Falkland Islands (Malvinas) Working paper March 12 2020 A/AC.109/2020/6. See https://falklandstimeline.files.wordpress.com/2019/09/a_74_23-en.pdf

193 Ibid.194 UN Document A/74/764195 And were much offended when the offer was rejected by the Falkland Islands Government.196 Eventually, some 13 members of the armed forces in the Islands tested positive but all being young and fit there were

no serious cases. 197 The others concerned firstly, the creation of another committee, the – National Political Advisory Council on the

Malvinas – and the second seeks to increase fimes for fishing illegally in Argentine claimed waters.

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“The new demarcation lines, proposed by Argentina in 2009 after over a decade of study, were "conceded by the technical commission of the United Nations in 2016," explained (Foreign Minister) Solá. "Now we’re going to transform them into a national law," he added. "This is a second Argentina which belongs to us, inherent to Argentina proper, with 1.3 million square kilometres, obviously embracing the Malvinas, the Georgias, the [South] Sandwich islands and adjacent areas. Argentina has rights above and below the seabed and obviously over the waters," continued the minister. "A greatpart of that platform has been usurped by the United Kingdom and that’s a conflict issue which motivates us to make this a law,” he detailed. According to the minister, "establishing by law the publication of the coordinates of the Argentine continental platform will increase the legal security for granting concessions aimed at the exploration and exploitation of fossil fuels, minerals and sedentary species."…” 198

“… the announcement of the sending of a bill from the Executive to the National Congress on the demarcation

of the outer limit of the continental shelf of our country was again cause for some confusion regarding the

scope of the Commission's recommendations. of Limits of the Continental Shelf of the United Nations regarding

the presentation that opportunely Argentina will make. Thus, it is not uncommon to find news that states that

"the UN recognized that the Malvinas continental shelf is Argentine", or that the "UN endorsed the Argentine

position", or that the new map with the demarcation of the outer limit of the continental shelf it is "endorsed by

the United Nations." Although we wish it were so, none of these statements is correct.” 199

198 Argentina pushes law to demarcate new continental platform, including Malvinas in Buenos Aires Times June 12, 2020199 Algunas Precisiones sobre la Plataforma Continental Argentina y la cuestión Malvinas Dr. Luciano Pezzano (undated)

(15.6.2020?)

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June 11th, the United Nations receives a letter dated the 10th, from Argentina’s charge d’affaires in New York.

“Today, 10 June 2020, the Government and the people of the Argentine Republic are commemorating the 191st anniversary of the establishment of the Political and Military Command of the Malvinas Islands and the islands adjacent to Cape Horn by the Government of the Province of Buenos Aires. From its very inception, the Argentine nation, having inherited the Spanish territories in the South Atlantic, exercised on a permanent basis its rights over the islands located there, and established rules and legal and administrative structures that consolidated the full exercise of its sovereignty, including promoting the development of commercial activities and the settlement of a population. The first time the Argentine flag was raised on the Malvinas Islands is a significant landmark in the history of Argentine sovereignty over the islands in the South Atlantic, the bicentenary of which we will be celebrating on 6 November 2020. The process culminated in 1829 with the establishment of the governmental structure that we commemorate today, with Luis Vernet at its helm. On 3 January 1833, however, that effective exercise of sovereignty was interrupted through an act of force by the United Kingdom, which expelled the Argentine authorities and the population from the Malvinas Islands. That usurpation undermined the territorial integrity of the nation, a situation to which no Argentine Government has ever consented in over 187 years of history. ...

The resumption of the full exercise of our sovereignty over the occupied island territories and maritime areas, in a manner respectful of the way of life of their inhabitants and in accordance with international law, is a permanent and non-renounceable goal of the Argentine people, as set out in the first transitional provision of our national Constitution.” 200

August 5th, the Special Committee on Decolonization submits its annual report to the Fourth Committee for

consideration. As with previous years, the Special Committee’s resolution regarding the Falklands is included in

the general body of the report but not in the chapter giving the Committee’s recommendations.

September 22nd, in the UN’s General Assembly, the representative of Argentina makes a statement with regard

to the Falkland Islands.

September 23rd, in response, a letter is sent to the United Nations Secretary-General from Britain’s Permanent

Mission in New York.

“The United Kingdom has no doubt about its sovereignty over the Falkland Islands and South Georgia and South Sandwich Islands and surrounding maritime areas of both territories, nor about the principle and the right of self-determination for the Falkland Islanders as enshrined in the Charter of the United Nations and in article 1 of the two International Covenants on human rights, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development. This means there can be no dialogue on sovereignty unless the Falkland Islanders so wish. The 2013 referendum – in which 99.8 per cent of those who voted wanted to maintain their current status as a territory of the United Kingdom – sent a clear message that the people of the Islandsdo not want dialogue on sovereignty. Argentina should respect those wishes. Reference has been made to certain resolutions, but none of these modify or dilute the obligation of nations to respect the legally binding principle of self-determination.

The United Kingdom Government attaches great importance to the principle and the right of self-determination as set out in Article 1 (2) of the Charter of the United Nations and article l of the

200 UN Document A/74/889

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International Covenant on Civil and Political Rights, respectively. As such the United Kingdom remains committed to defending the rights of self-determination for the people of the Falklands Islands,and to determine their own political, social and economic future. This includes unequivocal support forthe right of the Falkland Islanders to develop their natural resources for their own economic benefit. The United Kingdom's forces in the South Atlantic are entirely defensive and are at the appropriate level to ensure the defence of the Falkland Islands against any potential threat. The United Kingdom's relationship with the Falkland Islands, and all of its overseas territories, is a modern one based on partnership, shared values and the right of the people of each territory to determine their own future.”

# Researcher's Comment: At the end of the year I will update this paper.

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Bibliography https://falklandstimeline.files.wordpress.com/2019/04/bibliography-1.pdf

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