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Strengthening Self-Determination in Falklands Constitution.

Friday, October 5th 2001 - 21:00 UTC
Full article

Falkland Islands Councillors want to strengthen the wording on the “right of self-determination” in their new Constitution on which wide-ranging debate is taking place there and in all United Kingdom Overseas Territories.

The present Falkland Islands Constitution which came into force in 1985 affirms the right to self-determination in its preamble which declared that "all peoples have the right of self-determination and by virtue of that right they freely determine their political status ... and freely pursue their economic, social and cultural development". The preamble also states that all peoples "may, for their own ends, freely dispose of their natural wealth and resources", which, in the Falklands includes fishing and potential oil discoveries.

The right to self determination, as laid down in the United Nations Charter, is vital to Falkland Islanders, and supported by the United Kingdom Government, but challenged by Argentina.

It was among topics discussed by Councillor Mike Summers and Bill Luxton at recent meetings of the Commonwealth Parliamentary Association in Australia and of the Overseas Territories Consultative Council in the United Kingdom.

Councillor Mike Summers' Interview

Councillor Summers, who is Chairman of the Falkland Islands Select Committee on the Constitution, has been clarifying the issue in interviews with the Penguin News and Mercopress.

Harold Briley asked him why there was a request for inclusion of the right to self-determination in the Constitution when it was already contained in the preamble to the present Constitution.

Mike Summers: Yes, the right to self-determination is mentioned in the preamble. But lawyers are prepared to argue with each other that it has equal or lesser effect, and if they are prepared to argue, I see no reason why we should not simply include it in the body of the Constitution. The reaction of the Foreign Office in London has been equivocal. On the one hand, they say ?if you ask us to consider it, we will do it. On the other hand, we don't regard it as strictly necessary'. So they are sitting there saying there is no reason why we shouldn't , but thinking what are the Argentines going to think about it?

HB : So you think it is arises from fear of how the Argentines may react because they have always objected to this phrase?

MS: Well it is a reasonable assumption. The UK Government is going through a review with all

Categories: Falkland Islands.

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