The President of Argentina, Cristina Fernandez de Kirchner, has recently written an open letter to the British people. Here is a suggested reply:
The Government of Argentina argues that the Falkland Islands (In Spanish: Las Malvinas) were stolen from Argentina in 1833. The Government of the United Kingdom rejects this claim but even if it were true one hundred and eighty years is too long for such a claim. If claims of this age are permitted then much of Argentina itself should be returned to the Mapuche, Canada and the USA to the North American Indigent peoples etc. The claim is also invalid because it was superseded by the Convention of Settlement between Argentina and Britain in 1850 which recognised that there was no cause for disagreement between Argentina and Britain. The Charter of the United Nations also supersedes these early differences and treaties.
The Governments of the United Kingdom and of Argentina are both signatories to the United Nations Charter.
Article 103 of this great Charter states that: "In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail."
This means that the United Kingdom and Argentina can only resolve their differences through the UN Charter.
The difference between the Governments of the United Kingdom and Argentina over the Falkland Islands depends upon an Article of the Charter and a UN Resolution that clarifies the Charter. The United Kingdom Government emphasizes Article 73 of the Charter:
"Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the wellbeing of the inhabitants of these territories,.."
The Government of Argentina emphasizes UN Resolution 1514: "6. 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."
The dispute is simple: are the Falkland Islands a part of Argentina? If not the Falkland Islanders must decide for themselves how they wish to be governed.
The Falkland Islands can be judged to be part of Argentina according to UN Resolution 1514 if they are culturally and socially a part of Argentina:
"1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
It is the opinion of the United Kingdom Government that an English speaking, Anglophile population is not culturally or socially part of Argentina. The population of the Falkland Islands has been culturally and socially British for almost as long as Argentina has existed.
The Falkland Islands might also be judged to be part of Argentina on the basis of physical proximity. The map below shows that in 1833 Argentina was not close to the Islands.
Even today the Falkland Islands are many hundreds of kilometres outside of Argentine territorial waters.
Physically, socially and culturally it is clear that Article 73 must prevail, the people of the Falkland Islands must be allowed to determine their own future. The people of the Falkland Islands already have full control over their own resources and government, it is they who benefit from the natural bounty of fishing and mineral reserves, not the United Kingdom. However, so that there should be no doubt about the self determination of the Islanders a referendum will be held this year to determine their future under the UN Charter.
The Government of the United Kingdom trust that the Government of Argentina will respect the self determination of the Falkland Islands. If Argentina wanted the same role as Britain, simply protecting the life, property and independence of the Islanders then they could probably persuade the Islanders to join them as an "Overseas Territory". Unfortunately it seems as if Argentina desires to colonise the Islands.
If you found this article interesting link to it, tweet it (TinyURL http://tinyurl.com/ay9lxtl ), and tell your friends! Help the Islanders.
POLITICAL THOUGHTS click here to see the whole POLITICAL THOUGHTS magazine POLITICAL THOUGHTS!
See also:
Brazil, Uruguay, Argentina and Las Malvinas for a discussion of the UN Resolutions and history.
The Falklands have always been Argentine - Las Malvinas son Argentinas
Colonialism? Its the Colonists Stupid!
The Falklands and Nazism
Is the UN Decolonization Committee Corrupt
The Argentine case for Las Malvinas
The Falklands are Chilean?
The Government of Argentina argues that the Falkland Islands (In Spanish: Las Malvinas) were stolen from Argentina in 1833. The Government of the United Kingdom rejects this claim but even if it were true one hundred and eighty years is too long for such a claim. If claims of this age are permitted then much of Argentina itself should be returned to the Mapuche, Canada and the USA to the North American Indigent peoples etc. The claim is also invalid because it was superseded by the Convention of Settlement between Argentina and Britain in 1850 which recognised that there was no cause for disagreement between Argentina and Britain. The Charter of the United Nations also supersedes these early differences and treaties.
The Governments of the United Kingdom and of Argentina are both signatories to the United Nations Charter.
Article 103 of this great Charter states that: "In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail."
This means that the United Kingdom and Argentina can only resolve their differences through the UN Charter.
The difference between the Governments of the United Kingdom and Argentina over the Falkland Islands depends upon an Article of the Charter and a UN Resolution that clarifies the Charter. The United Kingdom Government emphasizes Article 73 of the Charter:
"Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the wellbeing of the inhabitants of these territories,.."
The Government of Argentina emphasizes UN Resolution 1514: "6. 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."
The dispute is simple: are the Falkland Islands a part of Argentina? If not the Falkland Islanders must decide for themselves how they wish to be governed.
The Falkland Islands can be judged to be part of Argentina according to UN Resolution 1514 if they are culturally and socially a part of Argentina:
"1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
It is the opinion of the United Kingdom Government that an English speaking, Anglophile population is not culturally or socially part of Argentina. The population of the Falkland Islands has been culturally and socially British for almost as long as Argentina has existed.
The Falkland Islands might also be judged to be part of Argentina on the basis of physical proximity. The map below shows that in 1833 Argentina was not close to the Islands.
 |
| The Expansion of The United Provinces and Argentina |
Physically, socially and culturally it is clear that Article 73 must prevail, the people of the Falkland Islands must be allowed to determine their own future. The people of the Falkland Islands already have full control over their own resources and government, it is they who benefit from the natural bounty of fishing and mineral reserves, not the United Kingdom. However, so that there should be no doubt about the self determination of the Islanders a referendum will be held this year to determine their future under the UN Charter.
The Government of the United Kingdom trust that the Government of Argentina will respect the self determination of the Falkland Islands. If Argentina wanted the same role as Britain, simply protecting the life, property and independence of the Islanders then they could probably persuade the Islanders to join them as an "Overseas Territory". Unfortunately it seems as if Argentina desires to colonise the Islands.
If you found this article interesting link to it, tweet it (TinyURL http://tinyurl.com/ay9lxtl ), and tell your friends! Help the Islanders.
POLITICAL THOUGHTS click here to see the whole POLITICAL THOUGHTS magazine POLITICAL THOUGHTS!
See also:
Brazil, Uruguay, Argentina and Las Malvinas for a discussion of the UN Resolutions and history.
The Falklands have always been Argentine - Las Malvinas son Argentinas
Colonialism? Its the Colonists Stupid!
The Falklands and Nazism
Is the UN Decolonization Committee Corrupt
The Argentine case for Las Malvinas
The Falklands are Chilean?
Comments