I wish to weigh in on the Falklands dispute currently on
going between the United Kingdom and the Argentine Republic, this dispute has
been going on for many years now due to the fact that Argentina insist on
asserting that the Islands belong to them, a claim supported by rhetoric and
much sentiment but not backed by the rules of international law, British claim
to the island on the other hand can be fully supported by certain principles as
set out in international law including those of “Terra Nullius”, “Uti
Possidetis Uris” and most important of
all the Principle of self-determination.
This last principle is most applicable in the modern
scenario as it states that the people living in a particular state or territory
have the right to decide their destiny for themselves. This is precisely what
happened on Monday March 11, 2013 when the people of the Falklands Islands
after holding a referendum on the issue decided to remain a British Territory,
the other option would be to become a province of Argentina (I found it kind of
odd that a third option for full independence was not considered as well) but
at the end of the day the people of the Falklands have decided their destiny
and as such that should have been the end of the matter.
But unfortunately that is not so as Argentine President
Christine Kirchener has maintained that the vote is invalid by claiming that
1.The Falklanders have no right to self-determination in the first place
2. The Falklands occupation is illegal
3. The Islands are adjacent to Argentina and as such belongs to them.
1.The Falklanders have no right to self-determination in the first place
2. The Falklands occupation is illegal
3. The Islands are adjacent to Argentina and as such belongs to them.
Looking at it from a sentimentalist anti-colonial point of view one might be tempted to agree with the President but let’s forget sentiment for a while and examine the claims made by Mrs. Kirchener. Argentina asserts that the British settlement in the Falkland is a violation of international law as such they have no right to self-determination, the truth however is that it is Argentina and not the UK who are the real violators of international law as set out in both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights that all persons have the right to self-determination and to choose their own destiny, by denying that the citizens of the Falklands have that basic right the Kirchener administration have demonstrated that they have no respect for the rule of law.
Argentina’s second claim is also invalid for two reasons. First
of all British claim to the Falklands go
all the way back to 1690 when the Islands were first discovered by officers of
the Royal Navy, long before Argentina even existed as a state, unlike most
other areas in the Americas at the time the Falklands had no indigenous
population as such the Brits were the first occupiers of the islands, Argentine
claims on the other hand go back to the mid-19th century when they
launched their first invasion of the islands, such claims were short lived as
they were expelled from the islands in 1833, the British descended citizens
have been living peacefully in the territory ever since that time until now
except for the upheaval in 1982 when Argentina again tried to unsuccessful
“retake” the islands that were never theirs in the first place. The Argentine claim that the current
Falklanders are descendants of British colonialist are also invalid as the Argentines
themselves are descendants of Spanish colonialist who unlike the British wiped out
the previous indigenous population in order to gain control that area, how then
can they call the Falkland Islands a product of colonialism when Argentina
itself is a product of colonialism? If that’s not hypocrisy then I don’t know
what is.
President Kirchener’s last claim is just as bogus as the
ones made before, anyone following that
faulty line of reasoning may as
well conclude that Alaska belongs to Canada and not to the United States or that Aruba belongs to Venezuela and not
the Netherlands, there is nowhere in international law that states that if one
territory is adjacent to another when the larger territory has the right to
exercise sovereignty over the smaller one, what counts in this case is not
geography but rather the will of the
people.
Still not satisfied with the fact that she is being ignored
as many people are starting to see this smokescreen for what is truly is,
President Kirchener has gone ahead and enlisted the help of the newly elected
pope, who also happens to be Argentine,
quite frankly that will achieve nothing for two reasons
1. The Pope as an Argentine Citizen can hardly be described as neutral and as such is not the best figure arbitrate on such matters
2. The Crown is under no obligation to the Pope, the Sovereign as head of the Church of England is a religious head in her own right and has no need to fear excommunication or any other action the Vatican may take.
Most are of the view that Francis will not get involved in the dispute as he already has too much on his plate to deal with, but the very fact that La Senora Presidente would attempt such a move shows who the real colonialist is this move reeks of 15th century imperialism when the catholic rulers of Europe tried to get the Pope to recognize their claims to the Americas, I wonder if Kircherner expects the pope to draft up a modern day Treaty of Tordesillas for her to sign?. If that what she expects then she should probably brush up on her history, The rulings of the papacy had no effect on protestant nations back then who by and large ignored the papal bulls, what makes her think that time around will be any different?
1. The Pope as an Argentine Citizen can hardly be described as neutral and as such is not the best figure arbitrate on such matters
2. The Crown is under no obligation to the Pope, the Sovereign as head of the Church of England is a religious head in her own right and has no need to fear excommunication or any other action the Vatican may take.
Most are of the view that Francis will not get involved in the dispute as he already has too much on his plate to deal with, but the very fact that La Senora Presidente would attempt such a move shows who the real colonialist is this move reeks of 15th century imperialism when the catholic rulers of Europe tried to get the Pope to recognize their claims to the Americas, I wonder if Kircherner expects the pope to draft up a modern day Treaty of Tordesillas for her to sign?. If that what she expects then she should probably brush up on her history, The rulings of the papacy had no effect on protestant nations back then who by and large ignored the papal bulls, what makes her think that time around will be any different?
Argentina claims to
support the rules of democracy and international law yet they refuse the
recognize the result of a plebiscite held in a free or fair manner, the
President even has the nerve to refer to it as a parody announcing days before
the vote was even held that she will not accept any result that is not in her
favour, how then can anyone expect Argentina to be objective and unbiased when
they have already made up their minds as to what the results should be. Whether
Kirchener likes it or not, the people have spoken loud and clear that the
Falklanders are British Territory as such The President should stop behaving
like a sore loser, accept the results for what it is and move on.
nicely written. I would like to add a point / question if I may. If Kirchener declares that the plebescite is unlawful and irrelevant, then surely it stands to reason that she could NOT accept a result which came out in her favour? And I totally agree with you on the geography / proximity question. bearing in mind the Falklands are over 300 miles off the coast of Argentina and to follow her logic, Cuba, Jamaica, Hispaniola ( I think that's the right name for Haiti . Dominican republic) Puerto Rico, Bahamas, Bermuda should all belong to the United States of America, right?... Even though the USA didn't exist until well after those islands had been "colonised" by us Brits. Trinidad and Tobago should also belong to Venezuela.... but WHOOPS.... That was a Spanish colony too, like good old Argentina.... it gets complicated doesn't it? Same Logic?? England should belong to France, Scotland to Norway, Indonesia to Australia..... Sheeesh!. This Spanish German Mongrel has the same twisted Logic a certain Adolf had when he annexed certain areas of Europe in the 30s.
ReplyDeleteA very good article. To refer to people, many of whom have made the islands their home for the past 200 years or more as "squatters" is so un statesman/woman like then moaning about colonialism when Argentina itself is a product of Spanish Colonialism which was carried out by stealing first nation peoples territory is absurd.
ReplyDeleteDoes she suggest then that all Argentinian citizens with European ancestry go back to Europe so the mainland can be returned to the descendants of Native Indians did not slaughter?
Oh yes, the Falklands was uninhabited so who should that be returned to?