Question of the Falkland Islands (Malvinas)

UNIS Model United Nations | The Sixth Annual Session | 5th – 9th March
2014
Forum:
Security Council
Issue:
Question of the Falkland Islands (Malvinas)
Student Officer:
Eun Bee Ko
Position:
President of the Security Council
Introduction
The Falkland Islands (also known as Islas Malvinas in Argentina) are two small islands off the
coast of South America with a population of 3,140. Currently a British Overseas Territory
(self-governing/autonomous region under the United Kingdom), the islands for the past
years have been the cause of a great strain between the two powers ever since 1982.
The United Kingdom and Argentina are both claiming that the islands are their territory and
both appear uncompromising on the issue. Unlike Argentina, the United Kingdom, the
official owner of the islands, is exercising full administrations.
The situation is not particularly dire as compared to other Security Council issues around the
world such as the war in Afghanistan and Syria, since the citizens on the islands live in a
relatively peaceful place. But the potential for the escalation in conflict cannot be
underestimated.
This issue is almost geopolitical in which the countries in conflict are both vying for control
without considering social, economic or cultural needs. It is a complex issue and must be
looked at from both sides of the spectrum.
Definition of Key Terms
Falkland Islands/Islas Malvinas
These are the two islands that we are concerned with in this topic. These islands are
miniscule in an economic aspect (only $ US 164.5 in total GDP)
United Nations Convention on the Law of the Sea (UNCLOS)
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It is an international conference that took place between 1973 and 1982. The UNCLOS
helped define the extent of a country’s jurisdiction over international waters. It also
provided a guideline in ways to manage the world’s natural marine resources.
Self-Determination
This is the concept of which a person or a nation/community has the right to rule on its own
(Basically sovereignty, but the term does not have to be used in the context of a country).
United Nations Special Committee on Decolonization
This is a special committee (made of 24 nations) that was formed in 1961 with the purpose
of promoting decolonization. The United Kingdom is not part of it while Argentina is an
observer state.
History
The launch of Argentine forces on the Falkland Islands in 1982 marked the beginning of the
conflict between Britain and Argentina over the sovereignty of the islands, but the conflict
has been going on for more than 150 years historically. The dispute was originally settled by
the French forces in 1766 during the period of colonization, and the ownership of the islands
fell into the hands of the British shortly afterwards. Later in 1780s though, the ownership
then fell into the hands of the Spanish and became Argentine in December 1832. After a
period of brief control, the islands fell into the British hands in January 1833, and have been
in British control until now.
The Falklands have always been a strain and a red herring in politics for both nations even in
the times of good relations. The British and the Argentines had very good relations when
Britain invested heavily into Argentina after its independence. Economic relations were very
strong to the point where 40% of exports in Argentina went to Britain during the First World
War. However after the end of the Second World War and the fall of the empires, Argentina
lobbied the UN and pressured them to talk about the ‘decolonization of the Malvinas’ as an
issue. Eventually their efforts paid off and the United Nations Committee on Decolonization
debated on the issue in 1964; their verdict was that the British claims over the islands were
illegitimate. However the British rejected the verdict, calling it unlawful and dismissing the
fact that Falklanders wished to remain British. It further strengthened its claims through the
evidence of continued effective administration over the islands.
The Falklands War, as far as wars go, was small and unimpressive compared to the wars at
the time such as the 1980’s Soviet Invasion of Afghanistan, the Iraq-Iran War and the Gulf
War. The war only lasted for two months from 2 April 1983 from when the Argentine forces
landed on the islands to 14 June 1982 when the Argentine forces surrendered and retreated
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back to Argentina. As a result of the war, the British strengthened their military presence on
the islands with one soldier to two civilians. Britain liberalized the economy of the Falklands
and allowed more freedom of trade, becoming fully responsible for the foreign affairs and
the military affairs of the Falklands under their new constitution in 1983.
Currently the most recent event regarding the Falklands was in 2013 when the British held a
referendum on the Falklands on the issue of sovereignty. It turned out that the Falklanders
voted unanimously to stay British rather than secede to the Argentines.
Key Issues
The legacy of colonialism/Right to self-determination
Argentina calls Falkland Islands as Las Malvinas, and still holds a grudge over the loss in the
war despite the fact that they were the invaders in 1982 and their defeat of the war
eventually led to the fall of the military dictatorship in Argentina. Argentina believes that
such remnants of colonialism should not exist in the 21st century.
Another issue to look at is the issue of self-determination. Self-determination is the right to
rule oneself and has been the driving force behind decolonization in the 20 th century after
the fall of the empires. As seen with the results in the 2013 referendum on the Falkland
Islands sovereignty, ‘self-determination’ would have it that the islanders want to remain
British rather than be argentine. They have used their ‘self-determination’ to rule
themselves.
Territory claims over the area
Currently the relationship between both countries is strained because of the situation on
the Falkland Islands. Both countries are unwilling to give up their territory and both have
claims to the islands although relations between both countries have improved ever since
the end of the war. The situation right now is that Argentina’s president in 1998, Carlos
Menem, said that Argentina would only use peaceful methods for the recovery of those
islands even though their claim is as strong as ever.
Fishing and petroleum rights
According to the United Nations Convention on Laws of the Sea (UNCLOS) there is an
Exclusive Economic Zone (EEZ) which is 370km from the coast out to see in which the
respective nation or territory is allowed to have full exploitation rights over all the
natural resources in the area such as oil and fishing. In 2006 Argentina renewed their
claim over the islands on fishing rights. The United Kingdom’s Prime Minister in 2009
responded with ‘nothing to discuss’ in regards to the issue. In 2010 the United
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Kingdom drilled for oil 100km to the north of the Islands, and though it did not break
any laws regarding the UNCLOS and the EEZ, it created further tension.
Armed garrisons on the island
Currently the British forces have armed the Falkland Islands with one soldier to two
civilians in ratio. This can be seen as militarily aggressive by the Argentines. So far,
there have been no military operations carried out by these forces that have illegally
entered the waters of Argentina, but as with any military presence, there is an
increase in tension in the area.
Argentine Claims
Argentine claims are made mostly upon the ruling of the United Nations Committee on
Decolonization. However there are other claims to this all:
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It is a remnant of colonialism and should not be tolerated in the modern world
The British acquisition of the islands in 1833 was an act of force and illegal under
international law
The geographic location of the islands
British Claims
British claims are mostly based on that of self-determination but there are other claims as
well:
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Britain has effectively administered the islands ever since 1833
Argentine maps printed between 1850 and 1884 did not show the islands as part of
Argentina
It is a democracy and the people have chosen to remain British
The victory of the British over the Argentine invasion in 1982
Timeline of Relevant Resolutions, Treaties and Events
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Resolution 1514 (XV), 14 December 1960
Resolution 1541 (XV), 15 December 1960
Resolution 1654 (XVI), 27 November 1961
Resolution 2625 (XXV), 24 October 1970
UN document S/2002/161
Resolution 2065 (XX), 16 December 1965
Resolution 3160 (XXVIII), 14 December 1973
Resolution 31/49, 1 December 1976
Resolution 37/9, 4 November 1982
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Resolution 38/12, 16 November 1983
Resolution 39/6, 1 November 1984
Resolution 40/21, 27 November 1985
UN document A/AC.109/2012/L.6
UN document A/66/23
Letter from Argentina, A/66/696-S/2012/86, 10 February 2012
Letter from the United Kingdom, A/66/706, 23 February 2012
Bibliography
"History of the Falkland Islands." History World. N.p., n.d. Web. 16 Feb. 2014.
<http://www.historyworld.net/wrldhis/plaintexthistories.asp?historyid=ac51>.
South Atlantic Council. "United Nations Documents on the Falklands-Malvinas Conflict."
South Atlantic Council. N.p., n.d. Web. 16 Feb. 2014.
<http://www.staff.city.ac.uk/p.willetts/SAC/UN/UN-LIST.HTM#R1514>.
U.N. General Assembly, Special Committee on Decolonization Approves Text Reiterating
Need for Negotiated (Settlement of Falkland Islands Question) (GA/COL/3257). 20
June 2013
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