1945 - 1965
◈
1945 – February 11th, following the Yalta Conference, Roosevelt, Churchill and Stalin declare their
resolve to establish, "a general international organization to maintain peace and security".
th
March 27 , Argentina declares war on Germany in order to be eligible to attend the international conference
being arranged for April.
th
April 25 , delegates of 50 nations meet in San Francisco for the United Nations Conference on International
Organization. A Charter is drawn up – and included within its articles is the concept of self-determination. 1
“The Committee responsible for the drafting of the relevant provision agreed on four points. First, 'this
principle corresponded closely to the will and desires of peoples everywhere and should be clearly enunciated
in the Chapter [of the UN Charter].' Second, 'the principle conformed to the purposes of the Charter only
insofar as it implied the right of self-government of peoples and not the right of secession.' Third, it was agreed
that the principle of self-determination 'as one whole extends as a general basic conception to a possible
amalgamation of nationalities if they so freely choose.' Fourth, it was agreed that 'an essential element of the
principle [of self-determination] is free and genuine expression of the will of the people, ...” 2
In May, at the 25th Meeting of the Fourth Committee on Decolonisation, Argentina makes a reservation to the
effect that the Argentine Government does not recognise British sovereignty in the Falkland Islands. The United
Kingdom's delegation then makes a parallel reservation, not recognising Argentine sovereignty. 3
th
June 26 , the United Nations Charter, the foundation document of the UN, is signed in San Fransisco. 4
Article 1 states; "The Purposes of the United Nations are: 1. To maintain international peace and security, and
to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for
the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and
in conformity with the principles of justice and international law, adjustment or settlement of international
disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international cooperation in solving international problems of an economic, social, cultural, or
humanitarian character, and in promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion; and
1
Both the Americans and the Russians had developed ideas on the application of self-determination during WWI but
their views had not ended up in the founding documents of the League of Nations. The Russians saw self-determination
as the revolutionary means by which subjugated peoples could be decolonized; the Americans as the basic form of selfgovernment. Neither one considered that it could be applied to their own peoples.
2 Self-Determination of Peoples: A Legal Reappraisal Antonio Cassese 1998
3 Footnote to A/RES/66(1)
4 The Charter is a multilateral Treaty in international law.
243
4. To be a center for harmonizing the actions of nations in the attainment of these common ends."
th
October 24 , the Charter comes into force following ratification by 29 of the original 50 signatories, including
the United Kingdom and Argentina. Articles 73 and 74 of the Charter deal specifically with the relationship
between Non-Self Governing Territories (NSGT) and what had been the colonial power. 5
Article 73.
'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 well-being of the inhabitants of these territories, and, to this
end:
1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social,
and educational advancement, their just treatment, and their protection against abuses;
2. to develop self-government, to take due account of the political aspirations of the peoples, and to
assist them in the progressive development of their free political institutions, according to the
particular circumstances of each territory and its peoples and their varying stages of advancement;
3. to further international peace and security;
4. to promote constructive measures of development, to encourage research, and to co-operate with
one another and, when and where appropriate, with specialized international bodies with a view to the
practical achievement of the social, economic, and scientific purposes set forth in this Article; and
5. to transmit regularly to the Secretary-General for information purposes, subject to such limitation
as security and constitutional considerations may require, statistical and other information of a
technical nature relating to economic, social, and educational conditions in the territories for which
they are respectively responsible other than those territories to which Chapters XII and XIII apply.'
Article 74
"Members of the United Nations also agree that their policy in respect of the territories to which this
Chapter applies, no less than in respect of their metropolitan areas, must be based on the general
principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of
the world, in social, economic, and commercial matters."
Article 103 deals with the paramountcy of the UN Charter as an international Treaty: “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.”
th
July 9 , a proposal to send senior German military officers, in small groups, to live in remote British colonies
such as the Falklands, is considered by senior staff officers of the Allied armies. 6
5
It is worthy of note, that at this stage in the development of the concept of 'self-determination' there is no responsibility
placed upon the Administering Power to take a NSGT to independence – merely to increase self-government and to take
account of a peoples “political aspirations.” Sufficiently vague to assist the birth of the United Nations at a precarious
stage.
6 The New York Times July 9th & July 22nd
244
Operation Tabarin is reorganised with the objective of administering British bases in the Falklands'
Dependencies and the Antarctic Territory – now to be known as Falkland Islands Dependencies Survey (FIDS).
Whaling licences are reissued by the Governor and processing restarts at South Georgia with shore stations at
Grytviken, Husvik and Leith. 7
In September, Governor Cardinall writes; “ This colony is so hopelessly unlike any other Crown Colony in that
it is entirely peopled by the British, ... that I am even toying with the idea, now that air traffic is so speedy and
certain, to put forward a suggestion that the Island is incorporated in the United Kingdom.” 8
1946 – Geoffrey Miles Clifford takes over as Governor. 9
The UN founds the International Court of Justice (ICJ) under Art.92 of the Charter, as a replacement for the
Permanent Court of International Justice which had operated at the Hague from 1922 to its dissolution in
1945.10
In February, Stonington Island in West Graham Land is established by the FIDS as a base.
th
February 9 , at the UN, the General Assembly adopts Resolution 9(I) regarding Non-Self Governing Peoples
bringing into immediate effect Articles 73 and 74 concerning the provision of information.
A population census identifies 2,239 people present on the Islands.
In May, from London, Argentina's Embassy informs Buenos Aires of the issue of a new set of stamps by the
Falkland Islands. One series is surcharged 'South Orkneys Dependency of the Falkland Islands,' while others
show South Georgia, the South Shetlands and Graham Land.
In June, the Secretary-General of the United Nations writes to all the members asking for their interpretation of
the term 'non-self governing territory' and whether or not they consider themselves as administering such a
territory. Countries that administer such territories are also asked to submit a list and indicate what information
they will provide under Art.73 of the Charter.
rd
June 3 , in Buenos Aires, Ambassador Sir Reginald Leeper is summoned and told that Argentina will not
recognise Falkland Islands stamps as valid. A similar message is sent to the International Postal Union.
nd
September 2 , Argentina's Antarctic claims are extended to longitude 74º west. Law 8,944 prohibits the
publication of school maps that do not show Argentina's claims.
th
October 14 , the Victory bar opens in Stanley.
st
October 21 , Britain responds to the Secretary-General's request: “Your Excellency requested the views of His
Majesty's Government in the United Kingdom regarding the factors to be taken into account in determining
which territories are to be included within the scope of Chapter XI. In the view of H.M.G. it would be difficult to
define in detail principles capable of general application, bearing in mind the great variety of conditions in the
7
8
9
10
In the summer of 1945/46, 9 factory ships and 93 whale catchers process 13,387 whales.
Dodds. 2002 p119
Not Gazetted, but he is referred to as Governor when given his Knighthood in 1949. The London Gazette, No.38628
This Court is the principle judicial organ of the UN and has two roles; firstly the settlement of disputes submitted to it
by members States and; secondly, to provide advisory opinions on questions referred to it by duly authorised
international organs and agencies – most specifically the UN itself. Only States may be a party to cases before the ICJ
but of more than 190 members of the UN in 2013, only 70 had recognised the jurisdiction of the Court as compulsory.
245
territories referred to in this Article and the number of different members of the United Nations who have
responsibilities for such territories. The terms of Article 73 (e) appear to provide a sufficient and satisfactory
guide in practice, and His Majesty's Government feel that the purposes of this Article can be adequately
fulfilled without the necessity of any further interpretation. ....”
Britain's list includes the inhabited Falkland Islands, but not South Georgia, the South Sandwich Islands or any
of the sub-Antarctic islands, or British Antarctica, as these have no “people” who can be brought to 'selfgovernment.' 11
In order that the information provided on the NSGTs can be reviewed, the UN General Assembly forms an ad
hoc committee for the purpose. This committee is established as a sub-committee to the Fourth Committee, itself
a sub-committee of the General Assembly. The Assembly determine that the Ad hoc Committee on Information
from Non-Self Governing Territories should be made up of all those countries which had provided lists, plus an
equal number of other Nations. 12
In November, the Instituto Geografico Militar publishes a map which includes the Falkland Islands and South
Georgia as Argentine territory. It also shows an Argentine Antarctic sector lying between the meridians 25º and
74º West, and bounded in the north by the 60º parallel. 13
th
December 14 , UN Resolution 66(I) recognises 74 territories as 'non-self-governing.'
1947 – January 3rd, following newspaper reports of a forthcoming expedition, Britain formally rejects all
Argentine claims in a Note to the Ministry of Foreign Affairs in Buenos Aires. 14
“In 1947, some three years after the renewal of the British programme of bases, the Argentine Government
began a course of systematic encroachment on the British territories of the South Shetlands and Graham
Land.” 15
th
January 29 , Capt. Luis Miguel Garcia, in command of a fleet of 7 ships out of Ushuaia with orders to
construct a permanent base, arrives at Deception Island to find two vessels from the Falkland Islands
Dependencies Survey already there. After making a protest, his force retires. 16
During March, the Governor of the Falkland Islands tours the Dependencies and hands out formal protests to
the officers in charge of Argentine posts on Laurie Island and Gamma Island; and to the Chilean commander of a
base on Greenwich Island.
th
May 16 , in Santiago, the Chilean Government rejects the protests made against it.
th
June 24 , President Juan Perón issues Decree No. 14 062, which states; " ... In view of the necessity of
collecting all records which exist in the country regarding Argentina's irrevocable rights over the Falkland and
South Georgia Islands, and considering that the findings presented by the National Antarctic Committee which
11 Eight countries ( Australia, Belgium, Denmark, France, Great Britain, the Netherlands, New Zealand and the USA) sent
lists totalling 74 NSGTs.
12 At this stage of the UN's development, every member of the UN was represented on the Fourth Committee. The Ad hoc
Committee was only supposed to last for 12 months, but had its life extended in 1947 when it became the Special
Committee. Extensions continued until 1952 when the “Special” was removed indicating permanence.
13 The South Sandwich Islands did not fall within the area described.
14 HC Deb 12 March 1947 vol 434 cc211-2W
15 The Agent for the Government of the United Kingdom to the Registrar of the International Court of Justice at the
Hague, May, 1955
16 Hunter-Christie 1951 p.272. Garcia went on to build other bases within the Antarctic Sector claimed by Britain.
246
functions under the directions of the Ministry of Foreign Affairs, were inspired by the same purpose as that of
the 'Gobierno Superior', to protect and recover the territorial estate which legally belongs to the Republic ..."
th
July 27 , Argentina and Chile sign a Joint Declaration proclaiming that; “... it is their desire to arrive as soon
as possible at the conclusion of a Treaty between Argentina and Chile, regarding the demarcation of
boundaries in the South American Antarctic.”
th
August 27 , in Rio de Janeiro, an inter-American treaty of reciprocal assistance is agreed, whereby an attack
on one of the signatories is to be considered an attack on all. At Argentina's insistence, the Falkland Islands are
included within the southern section of the treaty area. 17
th
December 12 , five vessels of the Argentine Navy anchor at Deception Island with sufficient stores and
material to set up a permanent base next to the British building.
Uruguay and Britain sign an agreement for flights between the Falkland Islands and Montevideo. 18
th
December 17 ; in an exchange of protests, the UK invites both Argentina and Chile to take their sovereignty
claims to the ICJ; “If .. the Argentine Government are unwilling to admit the validity of His majesty's
Government's title to Gamma Island or any other region included in the Falkland Islands Dependencies and
consider that their own title is a good one, it is suggested that their correct course is not to maintain without
the consent of His Majesty's Government an occupied post in a territory to which His Majesty's Government's
claim of title is universally known and which His Majesty's Government have for long actively administered;
but, to invoke the jurisdiction of the International Court of Justice at The Hague. ..” 19
HMS Snipe is posted to the Falklands in order that Governor Clifford can check upon the British territories of the
Dependencies and in Antarctica. 20
1948 – January 28th, in Buenos Aires, Argentina's Government responds to Britain's invitation in a letter
to the British Embassy; “ ... Were Argentina, which exercises sovereignty de jure and de facto over its Antarctic
sector, to petition the International Court, she could appear in the position of a state requesting something
which belonged to her but over which she did not exercise effective possession. And the situation is otherwise,
as is shown by the permanent installations which consolidate our rights.” 21
The response asserts that Argentina's claim is “incontestable” and suggests that it would be better that the
“juridico-political” status of the Antarctic be determined by an international conference; hosted in Buenos Aires.
st
January 31 , Chile responds in a similar vein; “While we have always maintained the principle that
controversies of a juridical nature which may arise between states should be subject to international
jurisdiction and we have in this respect a tradition of which we may well be proud, I cannot in this case share
the point of view of Your Excellency's Government since, in the first place, there would be no logical
17 Act of Chalpultepec (Rio Treaty) 1947. At the time, Argentina considered this something of a diplomatic coup, however
the lack of assistance rendered to Argentina following its invasion of the Falklands – and the UK's prompt return – has
led to the generally recognised view that this agreement was ineffective.
18 The New York Times Oct. 29th 1952
19 In 1947 neither the UK nor Argentina had accepted the compulsory jurisdiction of the ICJ. However, this could be
overcome by a Special Agreement between the two countries in which they asked the Court to adjudicate and bound
themselves, in advance, to accept its decisions.
20 Hunter-Christie 1951 p.258
21 Copy in Hunter-Christie 1951 Appendix C. Also Antarctica Cases: United Kingdom v. Argentine; United Kingdom v
Chile International Court of Justice 1956 p.35
247
justification in Chile having to approach the International Court of Justice, before effecting acts of sovereignty,
within a territory over which she holds irrefutable juridical, political, historical, geographic, diplomatic and
administrative titles;..”22
th
February 14 , HMS Nigeria is deployed from Cape Town to the Falklands with orders to patrol the
Dependencies, and to investigate reports of Argentine landings.
th
February 16 , in Parliament, the Foreign Secretary is asked whether Argentina have now ceased their acts of
trespass in the Dependencies. Mr. McNeil responds; “ No, Sir. Argentine and Chilean naval forces are at
present operating in British waters in the Falkland Island Dependencies, with the declared object of enforcing
claims to sovereignty in this area. They have also landed parties, and purport to have set up military
commands in British Territory. His Majesty's Government consider the British title to the Falkland Islands
Dependencies to be well founded, and have been willing that it should stand the test of international
arbitration. In the protests which we made to the Argentine and Chilean Governments in December last, we
made it plain that we would accept the decision of the International Court. This offer has been rejected by both
Governments, and we can only regard this as evidence that they have no confidence in their ability to dispute
our legal title.... It should not be supposed that we shall overlook the challenge to our authority.”
th
February 17 , Gabriel González Videla, the President of Chile, visits his country's base on Greenwich Island,
one of Britain's South Shetland Islands; " We would deny our glorious history, we would deny our past, if we
were to renounce a single piece of our territory, only because there are those who believe that acts of
imperialism today constitute a title of sovereignty."
th
February 18 , in an interview, Australia's Prime Minister, Ben Chifley, states that, if asked, he would consider
sending a cruiser in support of British sovereignty over the Falklands.
th
February 20 , Marshall of the Royal Air Force, Lord Tedder, speaking in Glasgow, refers to jackals which, if
the lion appeared to be weakening, would come; “ yapping and snapping round his flanks.”
President Videla takes the remarks personally. 23
st
February 21 , HMS Nigeria arrives in the South Atlantic ready to confront an Argentine task force consisting
of 2 cruisers, the Almirante Brown and the Veinticinco de Mayo, accompanied by 6 destroyers and other small
craft which are reported to be on 'manoeuvres' near Deception Island.
“The Argentine fleet carrying five Admirals is now, I understand, off Deception Island. His Majesty's
representative in Buenos Aires has been assured by the Argentine Minister for Foreign Affairs that these
vessels have been sent with no intention of asserting any rights or taking possession of any territory but
merely to carry out routine exercises in that area...” 24
th
February 24 , reported in the Edmonton Journal; “Reports from Argentina indicate that public opinion is
aroused to something approaching hysteria, and it seems that the same is true of Chile. Newspapers demand
that the inter-American treaty be enforced to protect the southern part of the hemisphere against British
intruders. Secretary of State George C. Marshall, however, has declared at a press conference that the United
States is “interested in the controversy” but did not believe that the treaty could be applied...”
22 Don German Vergara to John Hurleston Leche 31st January 1948
23 Hunter-Christie 1951 p.260
24 HC Deb 25 February 1948 vol 447 cc1931-3
248
th
February 25 , Foreign Secretary Ernest Bevin, tells Parliament that; “The policy of His Majesty's Government
is that the question of rival claims in the Falkland Islands Dependencies should, in the first instance, be brought
before the International Court of Justice. This is based on our belief that international discussions could
scarcely be profitable until the question of title has been subjected to international legal examination. This, of
course, in no way precludes the possibility of discussions at a later stage.
It has been suggested from the Chilean side that our offer to accept the opinion of the Court was not a fair one
because we were asking the other parties to appear as plaintiffs. I wish to point out that the sole reason for
presenting the matter in this form was that neither Argentina nor Chile had accepted the Optional Clause of
the Statute of the International Court of justice and that consequently it is impossible at present for His
Majesty's Government to bring this dispute before the Court by themselves proceeding as plaintiffs.
His Majesty's Government desire, however, to reaffirm that if the Argentine and Chilean Governments are
willing to make an agreement with us under which the Court shall pronounce upon the title to these territories,
we shall be glad to collaborate in the negotiation of such an agreement..... “ 25
rd
March 3 , the song, 'Marcha de las Malvinas', is premiered by the Argentine National Symphony Orchestra.
th
March 4 , an Argentine mine-sweeper, Parker, warns a Norwegian fishing vessel, Brategg, that she requires
Argentine permission to anchor at Deception Island. The warning, written into the ships log, is subsequently
struck out by the harbour master at Whalers Bay as, 'illegal'.
rd
March 23 , Foreign Secretary Bevan tells Parliament; “Occupied posts have been established, in defiance of
our protests, by the Argentines on Laurie Island in the South Orkneys group, on Gamma Island in the Palmer
Archipelago, and on Deception Island in the South Shetlands group; and by the Chileans on Greenwich Island
in the South Shetlands group and on South Graham Land. ...” 26
th
April 27 , in Buenos Aires, President Peron talks to the US Ambassador: “... He blamed the British for
provoking the recent disagreements over the Falkland Islands and the Antarctic regions. He said that the
naval maneuvers which had drawn the British ire were nothing new but were maneuvers which Argentina
had engaged in before for many years. He said the British, were to blame for making too much out of these
routine maneuvers and that they sent British warships to the Falkland Islands for what were undoubtedly
political reasons not very clear to him. He described the Falkland Islands question as being a matter of "life
and death" for Argentina and said that British possession of the Falkland Islands might be described as a fishbone in the throat of every Argentine and the irritation would not be removed until the fish-bone was
disgorged; every Argentine was convinced of the validity of Argentine claim to Falklands. ..." 27
nd
May 2 , at the conclusion of the Conference of American States in Bogota, Resolution XXXIII declares that it is
the aspiration of the American Republics that colonialism and the occupation of American territories by “extracontinental countries” should be ended – listed as Belize, the Falkland Islands, the South Sandwich Islands,
South Georgia and what is described as the “American zone of Antarctica.” Resolution XCVII states that; “..
perhaps for the first time, that the principle of the absolute and unconditional exercise of self-determination
might in certain cases yield to another not less important principle, the principle of territorial integrity.” 28
25 HC Deb 25 February 1948 vol 447 cc1931-3
26 HC Deb 23 March 1949 vol 463 cc342-3
27 Ambassador Bruce in Buenos Aires to Secretary of State Washington April 28th No. 331 in Foreign Relations of the
United States, 1948. The Western Hemisphere
28 UN Doc A/5800/Rev.1
249
th
May 5 , Vice-Admiral Sir William Tennant writes to the First Sea Lord, Sir John Cunningham; “ .. I would hold
onto the Falkland Islands and South Georgia at all costs, even to the extent of going to war. But for the rest,
would it not be a good idea to form an Antarctic club of those countries interested … and discuss the question of
nationalising the whole of the Antarctic.
If the Argentines were too stupid to listen to any of this then I see no alternative but to continue the rather
childish performance that has gone on between our ships for a number of years.” 29
th
June 4 , from Stanley, a petition is sent to London complaining of the 'dictatorial' manner of the Governor in
implementing rises in taxation, and pointing out; “It is significant that after 115 years the Colony is still without
representative government and it is evident that under the present administration elected representation on
the Executive Council is a necessary preliminary to self-administration.” 30
th
June 9 , Argentine Decree 17,040 establishes the División Antártida y Malvinas, to deal with matters
pertinent to the Falkland Islands, South Georgia and the British Antarctic territories.
“Peron's chief propaganda drive is directed against Great Britain .. It centers on the Antarctic … and also
includes the Falklands and their dependent islands ... Recently, the Peronist press has been full of demands that
the Malvinas and a part of Antarctica shall be recognised as Argentinean territory. In this demand, Argentina
has allied itself with Chile, which is also to get its slice. At present, however, it seems very doubtful that Peron
really wants the Malvinas, much less the Antarctic. He is simply whipping up nationalist sentiment and
making an inexpensive bid for Chilean friendship.” 31
th
June 19 , referring to the Islanders' protest, a Colonial Office minute notes; “The people are virtually of UK
stock, and it is easy to understand their desire for that measure of control over their own affairs which they
would enjoy in the UK itself through urban district councils or county councils.” 32
rd
July 3 , Governor Clifford telegrams London regarding the petition; “ The root of the present discontent .. is
the absence of popular representation and, as such, I must say at once that it has my entire sympathy.”
The Colonial Office acknowledges the Islanders' concerns and asks the Governor to address the issue of
democratic reform with the local population. 33
In October, the British naval attaché in Buenos Aires, Tony Lincoln, writes to the Foreign Office in London,
noting with regard to the Falkland Islands, ".. a belief in the justice of their claims is one conviction common to
all Argentines; irrespective of class and party; it is perhaps the only reliable key to national unity." 34
Governor Clifford proposes, to the Legislative Council, reforms to its constitution that would provide for a fairer
mix of appointed and elected members.
29 PRO ADM 1/21126 Quoted in Dodds 2002
30 Signed by 740 residents, the petition was addressed to the Secretary of State for the Colonies. It was no made publoic.
cf. Dodds 2002 p118
31 'The Condor and the Cows' by C. Isherwood 1949. It also became an offence, in Argentina, to produce any maps that
did not include Argentina's claims to the Falklands and the Antarctic Territories. cf. Geopolitical Traditions: Critical
Histories of a century of geopolitical thought Klaus Dodds 2000
32 PRO CO 78 24/1
33 Dodds 2002 p.121
34 TNA CO 537/4023
250
th
October 6 , in Paris, speaking to the UN's Trusteeship Committee, Argentina's Ambassador to the UN, M.R.
Varela; “Argentina cannot agree that the Falkland Islands can be anything but Argentine. We cannot take into
consideration this report, which includes the islands among the non-self-governing territories.” 35
th
November 19 , “The Falkland Islands and the Dependencies have been in the news of late, owing to the
action of Argentina in advancing yet another claim for their possession. This 'claim' is of true comic opera
pattern. The 'argument' is that, because Spain was once in possession of all South American territories,
therefore Argentina, having assisted in expelling the Spaniards from the continent, the Falkland Islands are
now the property of Argentina!” 36
st
December 1 , in a speech to the House of Lords, the Earl of Perth refers to the claims of Chile and Argentina;
“.. Clearly, cases of this kind ought to be referred to the International Court of Justice at The Hague, as His
Majesty's Government have expressed their willingness to refer them, for a decision on legal ownership. The
claimants, however, are showing themselves reluctant to adopt this procedure, and I cannot but deduce from
their hesitation that in fact the claims are not legally sound.” 37
th
December 13 , following suggestions from the Islands, and a review by the British Government, a new
Legislative Council is constituted. The Council will now consist of the Governor, as President, two ex-officio
officers (the Chief Secretary and the Financial Secretary) and elected members. 38
Royal Instructions provide for the constitution of an Executive Council consisting of two ex-officio members (the
Chief Secretary and the Financial Secretary), two unofficial members appointed by the Governor and two elected
members of the Legislative Council. The Governor is required to consult the Executive Council before making
decisions. Although not obliged to take their advice, if he does not do so then the Governor must report the
reasons to Foreign Secretary in London.
The Governor retains the power - (a) to make laws for the peace, order and good government of the
Dependencies, (b) to appoint judges and other officers, (c) to dismiss any person holding public office, (d) to
make grants and dispositions of land within the Colony. 39
The Dependencies remain legally distinct from the Falkland Islands but are administered from them.
th
December 24 , the Falkland Islands Air Service commences operations from Port Stanley in a de Havilland
Canada float plane, offering medical and mail services to the outlying communities.
1949 – March 24th, in Havana, Argentina asserts that it; “ has unquestioned rights to the Falklands, to
the South Georgia Islands, to the South Sandwich Islands and to the Argentine Antarctic; Argentina's
ownership is established by incontrovertible rights – historic, juridical and geographical.”
st
March 31 , Civil Judge, Robert Palmieri, rules that children born in the Falkland Islands can be listed in
Argentina's public records as if they are Argentine. Following this ruling, Argentina refuses to recognise the
validity of birth certificates issued in the Falkland Islands. 40
35 The New York Times Oct. 7th. Another name for the UN's Fourth Committee - meeting to consider the finding of its subcommittee, the Ad hoc Committee on Information from Non-Self Governing Territories. Consideration being given to
information provided under Art. 73 of the Charter by the Administering Powers.
36 Falkland Islands Weekly News 5/47
37 HL Deb 1.12.48 vol 159 c707 Hansard
38 Falkland Islands (Legislative Council) Order 1948
39 Falkland Islands Letters Patent 1948
40 HC Deb 11.4.1949 vol 463 cc2453 – 4 Hansard
251
April, the North Atlantic Treaty Organisation (NATO) is founded on an agreement for reciprocal defence.
Article 5 of the Treaty states;" The Parties agree that an armed attack against one or more of them in Europe or
North America shall be considered an attack against them all and consequently they agree that, if such an
armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by
Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith,
individually and in concert with the other Parties, such action as it deems necessary, including the use of
armed force, to restore and maintain the security of the North Atlantic area. ..." 41
In June, on holiday in Montevideo, Governor Clifford - asked by the local press about his views on Argentina's
claims to the Falklands - answers; “We do not pay any attention to them.” 42
nd
December 2 , in Resolution 334 (IV) the UN decides that only the General Assembly can express an opinion as
to which territories are subject to the information requirements of Art.73. 43
1950 – January 1st, a Meteorological Service is established at Stanley, run by the Falkland Islands
Dependencies Survey, which also takes over the weather station in Grytviken.
th
June 9 , Argentina's Postmaster General serves notice that any mail arriving in the country bearing a Falkland
Islands, or Dependencies, stamp, will be treated as unfranked.
th
July 19 , in Argentina, Deputy Absalón Rojas, during a discussion in the Chamber, blames General Rosas for
the loss of sovereignty over the Falklands in 1850. He states that failing to make any reference to the Falkland
Islands in the peace treaty with Britain was a fatal omission. 44
th
October 16 , Ernesto Tornquist sinks in the bay that now bears her name at South Georgia.
1951 – April 30th, once again, Britain offers to take the dispute over the Falkland Island’s Dependencies
to the ICJ at the Hague. Again Argentina refuses.
st
May 1 , President Juan Peron, in his annual speech to Congress, asks for support from other South American
countries in Argentina's long-standing dispute over the Falklands; “The Argentine Republic wants to maintain
solidarity with all the nations of America, but demands that America show solidarity too, at least with respect
to out true, inalienable right.” 45
th
November 11 , Don Samuel is wrecked outside Queen Maude Bay.
In December, six Argentine ships arrive at Hope Bay where their crews construct a base.
41 Action is limited under the Treaty to Europe and North America, precluding any assistance in a signatory's Overseas
Territories. Hence there was no NATO involvement in 1982.
42 The New York Times June 20th
43 Administering Powers, having submitted their original lists of NSGTs, were making their own decisions as to when they
would stop transmitting the required information – usually on the ground that a NSGT territory had either reached an
effective level of self-government, or had changed its status. This Resolution was the Assembly's attempt to regain
power over the process. This also effectively decided that only the Assembly could add, or subtract, from the list of
NSGTs.
44 Diario de Sesiones de la Cámara de Diputados, Año del Libertador General San Martín, 1950, Tomo II, Período
Ordinario, 6 de julio-10 y 11 de agosto, Buenos Aires 1951 pp. 1095-1096
45 The New York Times May 2nd
252
During the austral summer, 5 British weather stations, established in the Dependencies, submit weather reports
to Stanley which are analyzed and the resulting forecasts' broadcast to whaling ship in the area.
1952 – January 18th, UN Resolution 567 (VI) outlines a list of factors to be taken into consideration in
deciding whether a territory is, or is not, sufficiently self-governing to be removed from its list of NSGTs.
“The condition under which the provisions of Chapter XI of the Charter cease to apply will be that the
inhabitants of the territory have attained, through political advancement, a full measure of self-government.
The fulfilment of this condition may be achieved by various means, involving in all cases the expression of the
free will of the people. The two principle means are (a) the attainment of independence and (b) the union of the
territory on a footing of equal status with other component parts of the metropolitan or other country or its
association on the same conditions with the metropolitan or other country or countries. The extent to which the
provisions of Article 73 e continue to apply in the case of territories which have become neither independent
nor fully integrated within another State but which have already attained a full measure of self-government in
their internal affairs is a question which merits further study.” 46
st
February 1 , Argentine sailors fire machine guns over the heads of a party of British scientists and support staff
attempting to repair the base at Hope Bay which had been damaged by fire in 1948. 47
th
February 4 , informed by radio, Governor Clifford sets out for Hope Bay with HMS Veryon Bay and HMS
Burghead Bay to investigate the incident and oversee the rebuilding work while the British Ambassador in
Buenos Aires lodges a formal protest with Argentina. 48
Argentina's Government response is to blame their Commander at Hope Bay for taking an, “ over-literal
interpretation of his instructions.” On their return to Buenos Aires however, the seamen are feted by President
Peron; "Soldiers and sailors when they are carrying out so sacred a duty as that of serving their country are
permitted to err through displaying too much energy, but they are never permitted to err by displaying too
much weakness."
In London, Prime Minister Winston Churchill calls for a review of defence plans for the Falkland Islands. 49
During April, an experimental return flight from the UK is made by Aquila Airways Ltd.
HMS Veryan Bay is sent to the Falklands with a complement of 30 marines.
th
April 26 , in Buenos Aires, President Peron is reported in La Nacion as saying that; ”Argentine sovereignty
will have to be re-stated every year with a new effort.”
nd
May 22 , Peron is reported by La Nacion as saying; “ We defend our rights and time will confirm them. We
must therefore wait with confidence and launch generations of Argentines towards the Antarctic . . .”
st
October 21 , Argentina protests Uruguay's agreement to form an air-link with the Falklands; and the
appointment of a consular agent at Stanley. In Montevideo, Uruguay's Government point out that the ViceConsul was appointed in 1924 and the transport agreement signed in 1947.
46 Annex to the Resolution. Another ad-hoc Committee was set up to consider the matter further.
47 Hope Bay is at the tip of the Antarctic Peninsula. The Argentine base had been constructed close to the original British
building shortly after the fire. Argentina has the honour of committing the first, indeed the only, military attack recorded
in Antarctica.
48 HC Deb 20.2.1952 vol 496 c21W Hansard
49 Freedman 2005.
253
th
October 28 , in reprisal, Argentina bans her shipping from calling at Uruguay's ports.
th
December 10 , Colonial Secretary Oliver Lyttleton, announces the building of Antarctic military bases. 50
th
December 16 , UN Resolution 637 (VII) A, entitled The Right of Peoples and Nations to Self-Determination
states inter alia; “... Whereas every Member of the United Nations, in conformity with the Charter, should
respect the maintenance of the right of self-determination in other States, ...The General Assembly
recommends that; 1. The Member States of the United Nations shall uphold the principle of self-determination
of all peoples and nations;... 2. The Member States of the United Nations shall recognize and promote the
realization of this right of self-determination of the peoples of Non-Self-Governing and Trust Territories who
are under their administration and shall facilitate the exercise of this right by the peoples of such Territories
according to the principles and spirit of the Charter of the United Nations in regard to each Territory and to
the freely expressed wishes of the peoples concerned, the wishes of the people being ascertained through
plebiscites or other recognised democratic means, preferably under the auspices of the United Nations; ... “ i
1953 – January, in a further reprisal, Argentina restricts the amount of permits given to its citizens
allowing travel to Uruguay. 51
th
February 15 , on Deception Island, a magistrate and constables from the Falkland Islands Police, assisted by
marines from HMS Snipe, detain two men for trespassing before demolishing Argentine and Chilean buildings.
Southern Wave, a whale catcher owned by Christian Salvesen, is scuttled off Stromness Bay.
th
February 16 , in Buenos Aires, Britain's Ambassador informs the Argentine Government of the action taken at
Deception Island and protests against the infringement of British sovereignty by Argentina. Similar action is
taken by Britain's Ambassador to Santiago. Once again the UK challenges both Argentina and Chile to take their
claims to the ICJ.
th
February 18 , the two men arrested for trespass are handed over to an Argentine ship at South Georgia.
th
February 20 , both Chile and Argentina reassert their conflicting claims to Deception Island. Chile mobilizes
its navy, and threatens to take its case to the Organisation of American States (OAS).
st
February 21 , Britain deploys a Royal Marines detachment to Deception Island for 3 months.
rd
February 23 , in a statement to the House of Lords, a Government spokesman says; “ … At the beginning of
this month Her Majesty's Government were informed that Argentina and Chile had established naval parties
on the airstrip adjoining the British base at Port Foster, Deception Island, which is British territory, and that
permanent buildings had been erected. These encroachments represented not merely an infringement of our
sovereignty on the Island, but a nuisance and an obstruction to those who were maintaining our base.
Instructions were accordingly given to the Acting Governor of the Falkland Islands to dismantle the buildings
which had been erected and to arrest and deport under the Falkland Islands Aliens Ordinance any occupants
found in them. ... Two occupants of the Argentine hut were arrested, without resistance, and the Argentine and
Chilean huts were dismantled. The Chilean hut was unoccupied. ... In taking the steps I have described, the
Government have been concerned to dispel any doubt about their attitude to encroachments of this type on
British territory. At the same time they have repeated the offer made to both countries by the late Government
50 The New York Times December 11th also HC Deb 10.12.1952 vol 509 cc450-1 Hansard
51 The New York Times January 7th.. Argentine tourism was, and is, an important part of Uruguay's GDP.
254
to refer the conflicting claims to territory in the Antarctic to the International Court of Justice. I am sorry to
say that both countries, in their Notes, have seen fit once more to reject this offer.” 52
The regular population census identifies 2,230 people present in the Falklands.
nd
June 2 , in England for the coronation of Queen Elizabeth II, Argentina's representative, Admiral Alberto
Teisaire, tells the British Government that Argentina is prepared to buy the Falklands. The offer is rejected. 53
th
August 20 , Sir Oswald Raynor Arthur is gazetted Governor. 54
th
November 17 , at the Hague, the Minquiers and Ecrehos case - concerning sovereignty over a number of
islets lying between the British Channel Islands and France - is considered by the ICJ; “Judge Alvarez, .. made a
declaration expressing regret that the Parties had attributed excessive importance to mediæval evidence and
had not sufficiently taken into account the state of international law or its present tendencies in regard to
territorial sovereignty.”
1954 – April 28th, Minister Henry Hopkinson tells the Commons that eleven unauthorised settlements
have been set up in the Dependencies, and that protests have been made to both Argentina and Chile.
Southern Shore, a whale catcher owned by Christian Salvesen, is scuttled off Stromness Bay.
th
August 25 , an Argentine law is promulgated granting “the Antarctic sector and the Islands of the South
Atlantic," the status of "National Territories."
In December, Britain reoccupies six of its bases on the Antarctic Peninsula.
th
December 15 , Argentina reasserts its claim to the Falklands; “.. neither directly nor indirectly can British
occupation of the Malvinas be considered lawful because it derived from an act of force.” 55
st
December 21 , the UK invites Argentina to refer the dispute to an independent ad hoc arbitral panel. The same
message states that; “ … in the event of Argentina (or equally Chile) failing to accept its offer of arbitration, it
reserved the right to take such steps as might be open to it to obtain adjudication of its legal rights. One of the
steps open to the United Kingdom is to bring the dispute before the Court by a Unilateral Application under
Article 40 (1) of the Statute and Article 32 (2) of the Rules, and, as indicated … it is this procedure which the
United Kingdom has elected to adopt.” 56
1955 – May 4th, with no response from either Chile or Argentina, Britain presents its own case to the ICJ at
the Hague; “The Government of the United Kingdom, in submitting this application to the Court, accordingly
contends :(1) that by reason of historic British discoveries of certain territories in the Antarctic and sub-Antarctic ; by
reason of the long-continued and peaceful display of British sovereignty from the date of those discoveries
onwards in, and in regard to, the territories concerned; by reason of the incorporation of these territories in
the dominions of the British Crown; by virtue of their formal constitution in the Royal Letters Patent of 1908
and 1917 as the British Possession called the Falkland Islands Dependencies : the United Kingdom possesses,
52
53
54
55
56
HL Deb 23 February 1953 vol 180 cc609-11609
Subject to the 30 year rule, this information was published in the Spanish Newspaper, El Pais, on 30/1/1984
The London Gazette, No.40090
The New York Times December 16th
Antarctica Cases: United Kingdom v. Argentine; United Kingdom v Chile International Court of Justice 1956 p.36
255
and at all material dates has possessed, the sovereignty over the territories of the Falkland Islands
Dependencies, and in particular the South Sandwich Islands, South Georgia, the South Orkneys, South
Shetlands, Graham Land and Coats Land;
(2) that the legal titles of the United Kingdom to the Falkland Islands Dependencies, and in particular to the
South Sandwich Islands, South Georgia, the South Orkneys. South Shetlands, Graham Land and Coats Land,
are, and at all material dates have been, superior to the claims of any other State,...
(3) that, in consequence, the pretensions of the Republic of Argentina to the South Sandwich Islands, South
Georgia, the South Orkneys, South Shetlands, Graham Land and Coats Land, and her encroachments and
pretended acts of sovereignty in those territories are, under international law, illegal and invalid.
The Government of the United Kingdom therefore, asks the Court to declare (1) that the United Kingdom, as against the Republic of Argentina, possesses, and at all material dates has
possessed, valid and subsisting legal titles to the sovereignty over all the territories comprised in the Falkland
Islands Dependencies, and in particular South Sandwich Islands, South Georgia, the South Orkneys, South
Shetlands, Graham Land and Coats Land;
(2) that the pretensions of the Republic of Argentina to the territories comprised in the Falkland Islands
Dependencies, and in particular South Sandwich Islands, South Georgia, the South Orkneys, South Shetlands,
Graham Land and Coats Land, and her encroachments and pretended acts of sovereignty in or relative to any
of those territories are, under international law, illegal and invalid;
(3) that the Republic of Argentina is bound to respect the United Kingdom's sovereignty over the territories
comprised in the Falkland Islands Dependencies, and in particular South Sandwich Islands, South Georgia, the
South Orkneys, South Shetlands, Graham Land and Coats Land, to cease her pretensions to exercise
sovereignty in or relative to those territories and, if called on by the United Kingdom, to withdraw from them
all or any Argentine personnel and equipment.” 57
Busen 6, a whale catcher owned by Tonsbergs Hvalfangeri, is scuttled off Stromness Bay.
th
May 11 , Argentina and Chile publicly reject Britain's submission to the International Court. 58
th
July 12 , Lord Reading, Minister of State for Foreign Affairs, submits a formal protest to the Argentine
Government regarding their law of August 25th, 1954. 59
st
August 1 , Argentina's Foreign Minister writes; " .. The Argentine Government has several times had occasion
to indicate in notes addressed to Her Britannic Majesty's Embassy in Buenos Aries that it cannot consent to the
question of sovereignty over the Antarctic Territories of Argentina which it is sought to raise being referred for
decision to any International Court of Justice or Arbitration Tribunal. By this present note, my Government
reaffirms its refusal in the most express way with regard to the jurisdiction of this Court and with regard to
any possibility that it should be seised as such to deal with this case."
Argentina elsewhere refers to a '.. fundamental principle in accordance with which territorial sovereignty
cannot be submitted for discussion or put in issue ..' and states that the matter is too " .. self-evident to require
judicial determination..".
57 Antarctica Cases: United Kingdom v. Argentine; United Kingdom v Chile International Court of Justice 1956 p.37. The
case as against Chile was a replica of this submitted against Argentina.
58 The New York Times May 12th
59 HL Deb 20 July 1955 vol 193 cc909-10
256
In September, in Argentina, a military coup forces Juan Perón from power. 60
Hunting Aerosurveys are employed to delineate the boundaries between farms on the Islands.
th
October 6 , at the meeting of the UN's Trusteeship Committee, Argentina's representative protests Britain's
transmission of information regarding the Falklands, as required under Article 73 of the Charter.
1956 – March 16th, unable to proceed due to Argentina and Chile's refusal to acknowledge the court's
jurisdiction, the ICJ removes the Antarctica case from its list.61
Martiniano Leguizamon Pondal, in his book ‘Toponimía Criolla en las Islas Malvinas’, creates the legend of
Antonio Rivero as a 'revolutionary hero' who resisted British rule in the Falklands in 1833. 62
HRH Prince Phillip visits the Falklands, South Georgia and the British Antarctic Territories in HMY Brittania.
st
June 1 , in Buenos Aires, distribution of the United Nations magazine 'World Communications' is banned
because it lists the Falkland Islands as a British possession.
Busen 8, another whale catcher owned by Tonsbergs Hvalfangeri, is scuttled off Stromness Bay.
1957 – Edwin Porter Arrowsmith becomes Governor. 63
India proposes to the UN that it should judge the merits of the various Antarctic claims. Argentina protests.
1958 – proposals to transfer the assets of the Compañia Argentina de Pesca, following its sale to the British
based Albion Star, are vehemently opposed by Argentina. 64
th
March 10 , at an unpublicised meeting at the New Zealand Embassy in Washington, the issue of co-operation
in Antarctica is discussed between the representatives of the USA, New Zealand, Australia and Great Britain. 65
th
June 10 , a Convention on the Continental Shelf is agreed in Geneva; “Article 2: 1. The coastal State exercises
over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources...
Article 6: 1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts
are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined
by agreement between them. In the absence of agreement, and unless another boundary line is justified by
special circumstances, the boundary is the median line, every point of which is equidistant from the nearest
points of the baselines from which the breadth of the territorial sea of each State is measured.”
60 There is a story that, on hearing the news of Perón's exile, Winston Churchill described it as the best thing to happen to
the British Empire since the end of the Second World War. Perón subsequently blamed the British for his overthrow.
61 Antarctica Case (United Kingdom v. Argentina) Order of March 16th, 1956. At the time of submission, an Argentine
Judge, Lucio Manuel Moreno Quintana, was a member of the panel.
62 Pascoe & Pepper 2012 p.6
63 Appointment not Gazetted, but Arrowsmith is referred to as Governor on receipt of his Knighthood. cf. The London
Gazette, No.41727
64 FO371/131892; Colonial Office Records; Public Record Office, October 17th 1958
65 There had been a number of meeting and low-level conferences with regard to the status of Antarctica and it had been
recognised that some formula was necessary to ensure that Antarctica did not become a potential war zone. The
Antarctic continent was already subject to a number of sovereignty claims, some disputed, and the fear was that these
could be challenged at the UN. The objective of these meetings appears to have been the need to circumvent the UN and
avoid the militarization of the Antarctic. Great Britain was, arguably, the prime motivator behind this strategy, but the
USA took the lead as an, apparently, disinterested observer with no territorial claims within Antarctica.
257
“The Argentine representative had referred to the Convention on the Continental Shelf of 1958. … Far from
justifying any claim to sovereignty over islands on the continental shelf by coastal States, the Convention made
special mention of the fact that islands had their own continental shelf and indicated that coastal States had
sovereign rights over the shelf only for the limited purpose of exploring it or exploiting its natural resources.
The United Kingdom Government fully reserved its rights over the continental shelf adjacent to the Falkland
Islands, and it would, of course, be willing to determine appropriate boundaries on the shelf between
Argentina and the Islands, in accordance with the provisions of the Convention.” 66
nd
May 2 , the USA invites eleven countries to a conference on Antarctica. 67
th
August 30 , Argentina voices it's opposition to any internationalization of the Antarctic.
1959 – October 15th, the Washington Conference convenes to consider proposals for the future of the
Antarctic region. Argentina, Chile and France are particularly sensitive to any suggestion of a dilution of their
territorial claims.68
Busen 10, a whale catcher owned by Tonsbergs Hvalfangeri, is scuttled off Stromness Bay.
Compañía Argentina de Pesca closes after selling Grytviken whaling station to Albion Star (South Georgia) Ltd.
st
December 1 , the Antarctic Treaty is signed, covering the area south of latitude 60°S and affecting the status of
some Falkland Islands' Dependencies. The Treaty's objectives are • to demilitarize Antarctica, to establish it as a zone free of nuclear tests and the disposal of radioactive waste,
and to ensure that it is used for peaceful purposes only;
•
to promote international scientific cooperation in Antarctica;
•
to set aside disputes over territorial sovereignty.
Article 1 deals with the limitation on the presence of armed forces within the Antarctic region, and states 1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measure of a
military nature, such as the establishment of military bases and fortifications, the carrying out of military
manoeuvres, as well as the testing of any type of weapon.
2. The present Treaty shall not prevent the use of military personnel or equipment for scientific research or for
any other peaceful purpose.
Article IV (2) deals with existing and future claims; "No acts or activities taking place while the present Treaty
is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in
Antarctica or create any rights of sovereignty in Antarctica. No new claim, or enlargement of an existing
claim, to territorial sovereignty in Antarctica shall be asserted while the present Treaty is in force." 69
66 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 People 1964 UN Doc A/5800/Rev.1 p.448
67 The countries were Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, Union of South Africa,
USSR, and the United Kingdom. Negotiations over when the conference should take place, and who should be included,
took up most of 1958.
68 Dodds 2002 p.88
69 The Treaty has the effect of 'freezing' all existing sovereignty claims and prevents any more being made. This 'freeze'
includes claims to the South Shetland Islands, the South Orkneys and Graham Land. Some countries such as the USA
and Russia, have 'reserved' their position, and may yet make a claim if the Treaty fails. In defiance of the Treaty, both
Chile and Argentina have attempted to reinforce their claims by establishing settlements on the Antarctic peninsula.
258
1960 – the documentary, 'Islands of the Sea', is filmed on the Falkland Islands. 70
In June Britain ratifies the Antarctic Treaty.
rd
September 23 , the Chairman of the Council of Ministers of the Union of Soviet Socialist Republics (USSR),
Nikita Khrushchev, proposes a declaration on the granting of independence to colonial countries and peoples.
th
November 28 , 70 delegations discuss the USSR proposals within the UN's First Committee. 71
th
December 14 , UN Resolution 1514 – entitled the Declaration of the Granting of Independence to Colonial
Countries and Peoples, is passed. 72
“Conscious of the need for the creation of conditions of stability and well-being and peaceful and friendly
relations based on respect for the principles of equal rights and self-determination of all peoples,...
Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and
the integrity of their national territory,
Declares that:
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. 73
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which
have not yet attained independence, to transfer all powers to the peoples of those territories, without any
conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as
to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
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.” ii
“The term 'territorial integrity,' as used in paragraph 6 of Resolution 1514 (XV), referred to the wholeness and
indivisibility of territories which had been administered as a single unit … That had to be distinguished from
the principle of geographic integrity, which applied to adjacent areas, or areas apparently forming part of a
single geographical unit. The latter meaning had clearly never been intended in Resolution 1514 (XV), since
that would have meant that almost any colonial Territory could have become subject to a claim by an
immediate neighbour.” 74
70 Subsequently an Academy Award nominee.
71 At this time, the UK had 29 NSGT's under its administration - of which 14 had populations of less than 100,000.
72 The final text was adopted from a Cambodian amendment. Eighty-nine countries voted in favour, none voted against,
and nine abstained. The abstainers were, for the most part, the old colonial powers. The admission of 16 new
'decolonized' States in 1955 and a further 19 in 1960 facilitated, "the intellectual cohesiveness and also the politicaltactical competence to secure the adoption of resolution 1514 (XV) without a single expressed dissent in the General
Assembly." Declaration on the Granting of Independence to Colonial Countries and Peoples Edward McWhinney 1960
73 “.. all commentators on self-determination have pointed out that neither “people” nor “nation” has any generally
accepted meaning that can be applied to the diverse world of political and social reality.” - Self Determination
Professor Rupert Emerson in The American Journal of International Law vol.65 No.3 1971
74 The Right of Self-Determination in Very Small Places Thomas M Franck & Paul Hoffman 1976 quoted in Third World
Attitudes Toward International Law: An Introduction F.E. Snyder (ed.) 1987
259
th
December 15 , two Resolutions are passed by the General Assembly: Resolution 1515 recognises the right of
States to dispose of their own natural resources, while Resolution 1541 states that; "... A Non-Self Governing
Territory can be said to have reached a full measure of self-government by - (a) Emergence as a sovereign
independent State; (b) Free association with an independent State; or (c) Integration with an independent
State." 75
1961 – March 14th, in Buenos Aires, following a speech by President Arturo Frondizi, the British
Ambassador reminds the Argentine Government that the Falkland Islands Dependencies are British territory.
Southern Spray and Southern Chief, both redundant whale catchers, are scuttled off Stromness Bay.
st
March 31 , the last official Norwegian service is held in the church at Grytviken, South Georgia.
In June, both Argentina and Chile ratify the Antarctic Treaty.
th
November 27 , UN Resolution 1654 (XVI) establishes a Special Committee of seventeen members with a
mandate to make suggestions and recommendations on the progress and extent of the implementation of
Resolution 1514, and to report to the General Assembly. Initial membership consists of Australia, Cambodia,
Ethiopia, India, Italy, Madagascar, Mali, Poland, Syria, Tanganyika, the USSR, the UK, the USA, Uruguay,
Venezuela and Yugoslavia. 76
“ .. an international lobby for absolute independence regardless of the consequences..” 77
1962 – March 3rd, in an administrative re-organisation, the British area subject to the Antarctic Treaty is
separated from the Falklands Dependencies and renamed the British Antarctic Territory. A High Commissioner
is appointed to oversee the Territory. 78
Chilean newspapers urge their Government to protest.
The population census reveals that there are 2,172 people present in the Islands.
th
December 14 , UN Resolution 1803 recognises a State's permanent sovereignty over its own natural resources.
1963 – in January, redundant whale catchers Stora and Southern Star are scuttled off Cape Saunders.
th
December 16 , during discussions preceeding UN Resolution 1966 (XVIII), the UK submits reservations
concerning the principle of self-determination; “.. which at least had the virtue of recognizing that, in
exceptional cases, the principle of self-determination might have to be considered in the light of other
principles, such as that of the territorial integrity of States..” 79
75 cf Resolution 2625 1970 which adds a further circumstance.
76 Following Resolution 1810 (XVII) of 17 December 1962, the membership of the Special Committee was enlarged to 24
and it is now more commonly referred to as the Committee of 24 or just the C24. Current membership is higher, but the
C24 tag stuck.
77 The Participation of Micro-States in International Affairs Professor Roger Fisher 1968
78 The British Antarctic Territory consists of that segment of the Antarctic continent lying south of latitude 60°S and
between longitudes 20° and 80°W, comprising the Antarctic Peninsula with all adjacent islands, the South Orkney and
South Shetland Islands and the Weddell Sea, as well as the landmass extending to the South Pole. The High
Commissioner was also Governor of the Falklands until 1990 when authority transferred to a Commissioner in London.
79 Argentine Representative to the Special Committee on Decolonization November 1964
260
1964 – April 2nd, in Stanley, the Legislative Council approves a message declaring their pride in being a
British colony and expressing their desire to retain and strengthen their links to the UK.
In Argentina, President Arturo Illia's Government circulates an instruction to schools, requiring that the subject
of the Falklands is taught in an ‘anti-imperialistic’ way; “I have the pleasure … to remind you that next
September 8, at the Meeting of the 24, the future of our Malvinas Islands shall be considered. The
Representatives of the foreign powers, at that act, shall consider the problems inherent to colonialism and
peoples’ self-determination and, in that agenda, the Malvinas Islands shall be included in the British colonies.
The Argentine Republic can not and must not accept this decision because Malvinas Islands are a piece of its
territory that was seized by force… .. it is very important – due to the psychological force of this action – to
explain to the students of the educational institutions of the country the vicissitudes that the nation is
experiencing, under the threat of the definite loss of a piece of its soil.” 80
At South Georgia, 3 whale catchers and four service boats sink at their moorings due to the weight of snow that
has fallen. No attempt is made to raise them. Southern Foster is wrecked on Jason Island.
th
August 19 , Cosmo Dugal Patrick Thomas Haskard is gazetted Governor. 81
th
September 8 , while the Special Committee (C24) are meeting in New York, an Argentine national - Miguel
Fitzgerald - lands a Cessna light aircraft at Port Stanley, plants an Argentine flag in the ground, hands a
proclamation to a confused bystander, and takes off again. Prior to the aircraft's arrival, the Buenos Aires radio
station, Radio el Mundo, broadcast a message to the islanders telling them to; “.. keep calm during an imminent
occupation by the Argentine Navy.” 82
The Argentine Government publicly dissociate themselves from this incident.
th
September 9 , at the UN, Sub-Committee III of the Special Committee meets to consider the Falkland Islands.
The United Kingdom is a member of the sub committee; although Argentina is invited to participate.
“In the opinion of the United Kingdom's delegation, the request by the Argentine representative to participate
in the work of the Sub-Committee constituted an intervention in the affairs of the Territory, in which Argentina
was not properly concerned. The claim advanced by the Argentine Government to sovereignty over the
Falklands Islands was, in effect, a bid to annex those islands in defiance of the clearly expressed wishes and
interests of the people of the Territory.... In the view of his Government, the Special Committee and therefore
the Sub-Committee were not competent to discuss territorial claims....
It might be suggested, as it had been suggested in the past, that paragraph 6 of the Declaration in resolution
1514 (XV) constituted a mandate for the Committee to consider questions of sovereignty. But, in his
delegation's view, that interpretation was not borne out either by the wording of the paragraph itself, which
clearly referred to possible attempts at disruption in the future and not to issues of sovereignty dating back to
distant history, or by the remainder of the Declaration, which stated specifically that “all peoples have the
right to self-determination. No fair minded observer could therefore construe paragraph 6 as imposing a
limitation on the universal application of the principle of self-determination, which was guaranteed under the
Charter itself.” 83
80
81
82
83
Malvinas as an educational policy Alberto Sileoni 2010
The London Gazette, No.43424
UN Doc A/5800/Rev.1
UN Doc A/5800/Rev.1 p.440
261
In response, Argentina’s UN representative, Dr. José María Ruda, tells Sub-Committee III •
that Spain discovered the archipelago
•
that England had admitted that it had no right in 1848
•
that it was clear from the 1771 document that England had accepted the sovereignty of Spain
•
that when the British left in 1774, the lead plate only claimed one Island
•
that Port Egmont was destroyed in 1777, with the full knowledge of Britain
•
that the Nootka Sound agreement limited British rights in the South Seas
•
that the rights held by Spain had been succeeded to the Argentine Republic in 1810
•
that David Jewett applied Argentine fishing regulations to the Islands
•
that Buenos Aires appointed Don Pablo Areguati Governor in 1823
•
that the 1825 treaty had contained no reservation concerning the islands
•
that Vernet's first expedition was 'partially successful'
•
that the Lexington attacked Puerto Louis under a French flag
•
that Britain and America conspired together
•
that Britain expelled 'almost all' the Argentine settlers in 1833
•
that Argentina has protested continually since 1833
•
that Britain had taken South Georgia and the South Sandwich Islands by force
•
that the Islanders' are only a temporary population
•
that Britain's possession violates Argentina's 'territorial integrity'
Dr. Ruda also asserts that Britain, having 'abandoned' the Islands in 1774, thereafter acknowledged both Spain's
and then, via inheritance, Argentina's, sovereignty. 84
On the subject of self-determination, Ruda says; “We consider that the principle of self-determination should
not be implemented in situations in which part of the territory of an independent state has been separated
against its inhabitants’ will, by force, by a third state, as was the case of Malvinas. No subsequent
international agreement ratified this de facto situation; on the contrary, the offended state has constantly
complained about this circumstance. These considerations are specially aggravated when the original
population has been forcefully evacuated and replaced by floating groups of citizens from the occupying
power. Besides, the indiscriminate implementation of the principle of self-determination to territories so
scarcely populated by citizens of the colonialist power would leave the fate of such territory in the hands of a
power which has settled there by force, violating the most basic rules of law and the international morals. The
fundamental principle of self-determination must not be used to transform an illegitimate possession into a full
sovereignty, under the protection of the United Nations.” 85
84 Whilst Dr. Ruda's speech has been criticised for adopting an inaccurate, indeed distorted, version of history, there is
little doubt that the speech was a diplomatic success and instrumental in the General Assembly vote for Resolution 2065
the following year. cf. Pascoe & Pepper 2012
85 Quoted in Malvinas and the Self-Determination of the Nations Luciano Oscar Fino & Luciano Pezzana 2013
262
In reply, the British Representative states that; “The Argentine representative had suggested that the status of
the Falkland Islands as a British colony was an anachronism; the Sub-Committee might consider whether it
was the United Kingdom Government's clearly stated policy of allowing the Falkland Islanders to choose their
constitutional future or the Argentine Government's desire to annex a small Territory against the wishes of its
inhabitants that was more in keeping with modern thought. … his delegation found nothing in the Charter or
in the Declaration on the granting of independence to colonial countries or peoples to suggest that the principle
of self determination should not be applied to communities of British descent... ” 86
US delegate, Adlai Stevenson, states that the issue of sovereignty is not a matter for the UN
th
September 12 , demonstrator's stone the British Embassy Residency in Buenos Aires.
th
November 5 , HMS Protector arrives off Stanley with 10 members of the Combined Services Expedition, who
are going to South Georgia. The Governor uses the vessel to visit the Dependencies.
th
November 13 , at the UN, the Special Committee hears from the UK's representative, who tells it that; “.. His
Government considered that the Special Committee was not empowered by its terms of reference to consider
territorial claims or disputes over sovereignty, and it would therefore not consider itself as bound by any
recommendations of the Committee on those subjects. The United Kingdom had no doubts about its sovereignty
over the Falkland Islands. Where the future of the islands was concerned, his Government would be guided by
what it regarded as the interests of the Falkland Islanders themselves, as required by Article 73 of the
Charter. ... it was clear from the petitions submitted to the Committee that they wished to retain and
strengthen their link with the United Kingdom and that any constitutional association with a foreign Power
would be repugnant to them. … He wished to make a formal reservation concerning the use of the phrase
“otherwise known as the Malvinas Islands” …, which his Government interpreted as indicating purely the
Spanish translation of the name of a Territory, and thus as having no implications with regard to the question
of sovereignty over the Territory...”
During these proceedings, the Special Committee; “.. confirms that the provisions of the Declaration on the
Granting of Independence to Colonial Countries and Peoples apply to the Territory of the Falkland Islands.” 87
In December, Grytviken whaling station finally closes. 88
1965 – January 1st, a Royal Marine detachment consisting of 30 men, remain at Stanley when HMS
Protector leaves to patrol the area. 89
The Governor is again on board when the ship visits Deception and Laurie Islands. Laurie Island is found to be
deserted. 90
th
January 6 , Argentina's Commission for the Recovery of the Falkland Islands demands that the; “Argentine
flag should fly everywhere in Puerto Soledad, the island's capital.” 91
th
March 4 , HMS Protector retrieves the expedition from South Georgia, and sails for the Falklands.
86
87
88
89
UN Doc A/5800/Rev.1 p.442
UN Doc A/5800/Rev.1
A caretaker, Ragnor Thorsen, remained until 1971.
This was a local agreement between the Governor and the Commander of the British vessel as a reaction to Argentine
propaganda which, it was feared, might inspire some nationalist group. cf. Freedman 2005.
90 HMS Protector 1964-1965 private publication, undated. Foreword Captain M. S. Ollivant
91 British Broadcasting Service Monitoring Report V/1751/I
263
The Immigration Ordinance 1965 prohibits entry to the Falkland Islands by any person, other than a permanent
resident, without a permit. A 'permanent resident' is defined as a person born in the Islands, or a person who has
been ordinarily resident there for at least 7 years, or the dependent of any such person, or a person naturalised
locally.
st
September 21 , at the UN, the Argentine Government invites Britain to enter into negotiations on the question
of the sovereignty of the Falkland Islands, South Georgia and the South Sandwich Islands. 92
th
October 26 , 10 soldiers of the Argentine Army, led by Colonel Jorge Leal, make an illegal crossing of
Antarctica to reach the South Pole, codenamed Operation 90. 93
st
November 1 , the British Government inform Buenos Aires that the Dependencies are not part of the Falkland
Islands; and not within the C24's remit. 94
At the UN, before the Fourth Committee; “The representative of Argentina said that the Malvinas, which had
formed a natural part of the Spanish colonial establishments, had come under the dominion of Argentina in
1810 but had been occupied by the United Kingdom in 1833. The Malvinas should be decolonized, in accordance
with the Assembly's resolution 1514 (XV) of 14 December 1960... The only course of action, he stated, was to
return them to Argentina, in compliance with the provisions of that resolution which affirmed the right of all
peoples to the integrity of their national territory. ... If the United Kingdom agreed to discuss the problem with
a sincere desire to find a solution, there could be no difficulty in finding a formula which would guarantee the
rights and aspirations of the inhabitants of the territory.”
The UK responds, saying that Britain; “ … did not accept the arguments of the representative of Argentina, and
stated that his government had no doubts as to its sovereignty over the territory. The question of disrupting
Argentina's territorial integrity therefore did not arise. The important issue was the interests and wishes of the
inhabitants, who were genuine, permanent inhabitants having no other home but the islands, and who did not
wish to sever their connections with the United Kingdom. No provision of the Assembly's resolution 1514 (XV)
of 14 December 1960 could be interpreted as denying the principle of self-determination to the inhabitants of
territories which were the subject of a territorial claim by another country. He informed the Fourth Committee
that his Government had replied to the Argentine Government, declaring its willingness to enter into
discussions with the Argentine Government, and asking that topics for such discussions should be suggested,...”
th
November 18 , after considering the report of the Special Committee, the Fourth Committee adopts a draftResolution calling upon Argentina and the UK to commence negotiations.
The Fourth Committee also decrees that the name to be used in all UN documentation is 'Falkland Islands
(Malvinas)' in all languages except Spanish, when the name is to be 'Islas Malvinas (Falkland Islands).'
“In addition, where a reference to the Falkland Islands (Malvinas) may raise or bear upon the question of
sovereignty over the Territory, it should be accompanied, as the case requires, either by the standard
disclaimer … or by a note or footnote as follows: “A dispute exists between the Governments of Argentina and
the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the Falkland Islands
(Malvinas).” 95
92
93
94
95
UN Yearbook 1965
Military operations are banned under the Antarctic Treaty. Unannounced; the expedition only came to light later.
PREM 19-0625 6 May 1982
UN Doc ST/ADM/Ser.A/1084
264
th
December 16 , on a vote of 94 for, none against and 14 abstentions, the General Assembly approves
Resolution 2065 (XX); “Having examined the question of the Falkland Islands (Malvinas),
Taking the chapters of the reports 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 relating to the Falkland
Islands (Malvinas), and in particular the conclusions and recommendations adopted by the Committee with
reference to that Territory,
Considering that its resolution 1514 (XV) of 14 December 1960 was prompted by the cherished aim of bringing
to an end everywhere colonialism in all its forms, one of which covers the case of the Falkland Islands
(Malvinas),
Noting the existence of a dispute between the Governments of Argentina and the United Kingdom of Great
Britain and Northern Ireland concerning sovereignty over the said Islands,
1. Invites the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland to
proceed without delay with the negotiations recommended by the Special Committee on the Situation with
regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and
Peoples with a view to finding a peaceful solution to the problem, bearing in mind the provisions and objectives
of the Charter of the United Nations and of General Assembly resolution 1514 (XV) and the interests of the
population of the Falkland Islands (Malvinas); 96
2. Requests the two Governments to report to the Special Committee and to the General Assembly at its twentyfirst session on the results of the negotiations. 97
Resolution 2065 makes no reference to South Georgia or the South Sandwich Islands.
“We have undertaken a careful examination of the resolutions in question. They refer only to the Falkland
Islands and do not explicitly mention the Dependencies. Moreover, the list of non-self-governing territories
compiled by General Assembly Committees in 1946 and subsequently in 1964 referred exclusively to the
“Falkland Islands.” However, the report on the Falkland Islands by the Special Committee on Decolonisation
which was referred to in the 1965 General Assembly resolution included factual data concerning both the
Falkland Islands and the Dependencies, and references were made in the Special Committee's debates on both.
But the “conclusions and recommendations” section of the Committee's report did not refer to the Dependencies
explicitly ...” 98
On the same day, Resolution 2070 invites the Governments of the UK and Spain to negotiate the decolonization
of Gibraltar. 99
96 The use of the term 'population' has caused some commentators to suggest that this is recognition that the Falkland
Islanders are not considered a 'people' by the UN. However, other UN resolutions, particularly those calling for action by
the Special Committee, have associated the word 'population' with the phrase 'self-determination,' as is the case with
Resolution 2105 article 8. Any reference to both the Charter and Resolution 1514 appears to reaffirm the applicability of
the right to 'self-determination.'
97 UN General Assembly Resolutions are not mandatory, only advisory. How long a Resolution remains 'in force' is
unclear and appears subject to events and changing circumstances; Resolutions such as 2065 which dealt with specific
issues perhaps the more so. Argentina today still attempts to rely on the request to negotiate made out in 2065, even
though it went to war over the Islands in 1982 in defiance of a Security Council Resolution which was mandatory.
98 PREM 19-0625 6 May 1982
99 There are many links between the two cases and it has been suggested that the Gibraltar situation had an effect on
British attitudes towards self-determination and the rights of the peoples in the remaining British colonies.
265
th
December 20 , at the UN, Resolution 2105 (XX) is adopted by the General Assembly; “ … Noting with deep
regret that five years after the adoption of the Declaration many Territories are still under colonial
domination, …. 8. Requests the Special Committee to pay particular attention to the small Territories and to
recommend to the General Assembly the most appropriate ways, as well as the steps to be taken, to enable the
populations of those Territories to exercise fully their right to self-determination and independence; 9.
Requests the Special Committee, whenever it considers it appropriate, to recommend a deadline for the
accession to independence of each Territory in accordance with the wishes of the people; 10. Recognises the
legitimacy of the struggle by the peoples under colonial rule to exercise their right to self-determination and
independence ... “
◈◈◈
266
i Resolution 637 (VII) (1952)
The Right of peoples and Nations to Self-Determination
A
Whereas the right of peoples and nations to self-determination is a prerequisite to the full enjoyment of all fundamental
human rights,
Whereas the Charter of the United Nations, under Articles 1 and 55, aims to develop friendly relations among nations based
on respect for the equal rights and self-determination of peoples in order to strengthen universal peace,
Whereas the Charter of the United Nations recognizes that certain members of the United Nations are responsible for the
administration of Territories whose people have not yet attained a full measure of self-government, and affirms the
principles which should guide them,
Whereas every Member of the United Nations, in conformity with the Charter, should respect the maintenance of the right
of self-determination in other States,
The General Assembly recommends that:
1. The Member States of the United Nations shall uphold the principle of self-determination of all peoples and nations;
2. The Member States of the United Nations shall recognize and promote the realization of this right of self-determination of
the peoples of Non-Self-Governing and Trust Territories who are under their administration and shall facilitate the exercise
of this right by the peoples of such Territories according to the principles and spirit of the Charter of the United Nations in
regard to each Territory and to the freely expressed wishes of the peoples concerned, the wishes of the people being
ascertained through plebiscites or other recognised democratic means, preferably under the auspices of the United Nations;
3. The member States of the United Nations responsible for the administration of Non-Self-Governing and trust Territories
shall take practical steps, pending the realization of the right of self-determination and in preparation thereof, to ensure the
direct participation of the indigenous populations in the legislative and executive organs of government of those Territories,
and to prepare them for complete self-government or independence.
B
The General Assembly,
Considering that one of the conditions necessary to facilitate United Nations action to promote respect for the right of selfdetermination of peoples and nations, in particular with regard to the peoples of Non-Self-Governing Territories, is that the
competent organs of the United nations should be in possession of official information on the government of these
Territories,
Recalling its resolution 144 (II) of 3 November 1947 in which it declared that the voluntary transmission of such
information was entirely in conformity with the spirit of Article 73 of the Charter, and should therefore be encouraged,
Recalling its resolution 327 (IV) of 2 December 1949 in which it expressed the hope that such of the Members of the United
Nations as had not done so might voluntarily include details on the government of Non-Self Governing Territories in the
information transmitted by them under Article 73e of the Charter,
Considering that at the present time such information has not yet been furnished in respect of a large n umber of Non-SelfGoverning Territiries,
1. Recommends Member States of the United Nations responsible for the administration of Non-Self_governing Territories
voluntarily to include in the information transmitted by them under Article 73e of the Charter details regarding the extent to
which the right of peoples and nations to self-determination is exercised by the peoples of those Territories, and in particular
regarding their political progress and the measures taken to develop their capacity for self-administration, to satisfy their
political aspirations and to promote development of their free political institutions;
2. Decides to place the present resolution on the agenda of the Committee on Information from Non-Self-Governing
Territories for its next session in 1953.
C
The General Assembly,
Considering that it is necessary to continue the study of ways and means of ensuring international respect for the right of
peoples to self-determination,
Considering that the recommendations it has adopted at its seventh session do not represent the only steps that can be taken
to promote respect for such right,
1. Requests the Economic and Social Council to ask the Commission on Human Rights to continue preparing
recommendations concerning international respect for the right of peoples to self-determination, and particularly
recommendations relating to the steps which might be taken, within the limits of their resources and competence, by the
various organs of the United nations and the specialized agencies to develop international respect for the right of peoples to
self-determination;
2. Requests the Commission on Human Rights to submit through the Economic and Social Council its recommendations to
the General Assembly.
ii UN Resolution 1514 (1960)
Declaration on the Granting of Independence to Colonial Countries and Peoples
" The General Assembly,
Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith
in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of
nations large and small and to promote social progress and better standards of life in larger freedom,
Conscious of the need for the creation of conditions of stability and well-being and peaceful and friendly relations based on
respect for the principles of equal rights and self-determination of all peoples, and of universal respect for, and observance
of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
Recognizing the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the
attainment of their independence.
Aware of the increasing conflicts resulting from the denial of impediments in the way of the freedom of such peoples,
which constitute a serious threat to world peace,
Considering the important role of the United Nations in assisting the movement for independence in Trust and Non-SelfGoverning Territories,
Recognising that the peoples of the world ardently desire the end of colonialism in all its manifestations,
Convinced that the continued existence of colonialism prevents the development of international economic co-operation,
impedes the social, cultural and economic development of dependent peoples and militates against the United Nations ideal
of universal peace,
Affirming that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to
any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and
international law,
Believing that the process of liberation is irresistible and irreversible and that, in order to avoid serious crises, an end must
be put to colonialism and all practices of Segregation and discrimination associated therewith,
Welcoming the emergence in recent years of a large number of dependent territories into freedom and independence, and
recognizing the increasingly powerful trends towards freedom in such territories which have not yet attained independence,
Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity
of their national territory,
Solemnly proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and
manifestations;
And to this end Declares that:
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.
3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying
independence.
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable
them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall
be respected.
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet
attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in
accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable
them to enjoy complete independence and freedom.
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.
7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal
Declaration of Human Rights and the present Declaration on the basis of equality, non- interference in the internal affairs of
all States, and respect for the sovereign rights of all peoples and their territorial integrity.”