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Councillors Summers and Birmingham speeches before C24.

This Monday elected Falkland Islands Councillors Mike Summers and John Birmingham addressed the United Nations annual meeting of the Decolonization Committee, also known as C 24.

The consideration by C 24 of the Falkland Islands/Islas Malvinas case and the sovereignty dispute with Argentina have become a routine annual exercise but this year was particularly highlighted since last May 25 a new Argentine administration took office.

In his speech Councillor Mike Summers argued that the Falklanders are a people who have the right to self determination and to remain British as they have demonstrated in every general election over several decades. "The Falklands are geographically, geophysically, culturally, linguistically and historically wholly different from the Argentines", says Mr. Summers questioning the territorial integrity position held by Argentina. The solution to the Argentine problem about the Falklands lies not in arguing about history, it lies in accepting the reality of where we are now, and having proper respect for the wishes of the people of the Islands, emphasizes Mr. Summers adding that "We should be supported in this by this Committee, guided by the wise words of the Secretary General, (Kofi Anan) who advises that the Committee should put self-determination and the development of internal self-government at the forefront of its considerations".

Councillor Birmingham made a strong appeal to the new Argentine administration to look into the future and not be distracted by past prejudices. "It is time for the politicians in Argentina", and for the C 24, " to look at the reality of the situation in our part of the world through 21st century eyes and put outdated views and prejudices where they belong, that is in the past". Further on Mr. Birmingham underlined the Islands achievements among others the modern Constitution, efficiency of the Islands internal government, the fundamental rights of its residents, independent judiciary, responsible finances and the overall welfare of the Islanders, all of which comply with United Nations resolutions, plus international and British Law. UN Resolution 1514 states that "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", recalled Mr. Birmingham.

Full text of both speeches follows:

Mr. Mike Summers - Legislative Councillor, Falkland Islands Government

Mr Chairman, Honourable Delegates, Ladies and Gentlemen.

Introduction

It is a pleasure for me to address you today, to represent the people of the Falkland Islands by whom I was elected for the third time at the last election in 2001. It is particularly interesting to be able to address you so early in the Second Decade for the Eradication of Colonialism, during which period you will surely be looking for new ways forward.

I was disappointed that we were not able to join the C 24 Seminar in Anguilla last month, because it co-incided with our budget session of the Legislative Council. We would like to have joined in some of the apparently lively discussion on self determination and the development of internal self government for the peoples of the Caribbean non-independent island states. Because, although we are not Caribbean, we regularly discuss ideas and developments with our Caribbean colleagues, at Commonwealth, European Union and UK Overseas Territory meetings. It is interesting to compare and contrast the state of development, and the similarities and differences between our styles and methods of Government in our respective countries, and to learn from each other.

The one major similarity of course is that we each currently choose not to seek independence.

Colonialism

A few words about colonialism, on which subject the Secretary General in his message to the Anguilla seminar reminded us that "According to the United Nations Charter and the Declaration on Decolonization, a full measure of self-government can be achieved by a Non-Self-Governing territory, through free association, or integration with another state, or independence". He also observed that "Many of the territories have made considerable progress in their political, constitutional, economic and social development, and have gone a long way towards self-government."

Pursuing a route to free association with the United Kingdom is exactly what we have been doing for the last 20 years.

Mr Chairman, my country is not a Colony. We do not feel as though we are a colony, nor does the UK Government act towards us as though we were.

Because it recognises that the days of authoritarian colonial dominance and ownership are long past. In this modern age people are not chattels to be owned or passed on between countries against their will; they are not just part of the assets that go with an exchange of territory.

The world, led by the United Nations, will no longer tolerate those who pursue territorial disputes, whilst ignoring the wishes of the people of those territories.

Mr Chairman we have been fully aware of the option of free association versus independence or integration and have knowingly followed this path.

Self Determination and Internal Self Government

As my colleague will describe to you shortly, the Falkland Islands has a thoroughly modern constitution, and an excellent working relationship with the United Kingdom.

For some years now the Falkland Islanders have run their own affairs through a democratically elected government, with the exceptions of Foreign Affairs and Defence which are taken care of on our behalf by the UK government. These exceptions are to a large extent brought about and perpetuated, by the activities and actions of Argentina.

And through its continuing failure to respect the terms of the UN Charter on the right to self determination, Argentina actually seeks to frustrate self-government in the Falkland Islands. It tries to prevent Falkland Islanders representing themselves in international bodies and at trade fairs, at which we are perfectly entitled to be represented, protesting regularly to the UK Government, and to other host governments and organisations, about our presence.

This is absolutely contrary to the notion of fostering internal self-government for the peoples of the world which, we note this committee has as one of its key goals.

We have nevertheless hugely increased the level of internal self-government since the war of 1982; our elected members are wholly responsible for the delivery of sustainable development, probity, law and order and good government that typifies our administration.

The Civil Service in the Falkland Islands is free of corruption, and acts only on the advice and instruction of the Executive Council, whose voting members are all elected members of the Legislative Council.

Whatever may be the case in other Overseas Territories, we do not have senior officials appointed by the UK Government inserted into our system to determine or dictate policy, or to run our affairs. Such persons as are recruited from outside to improve the skills base, or deliver better quality services, are recruited by us and paid for by us.

There is no movement in the Falkland Islands for independence. But we guard closely our right to determine our own affairs.

And notably every member of the Legislative Council in this Government, and every Government before it, is elected on a mandate of continuing allegiance to and close co-operation with the UK. And equally notably, every member is elected on a mandate of no concessions to Argentina on sovereignty, although members are committed to taking forward co-operation in agreed areas of mutual interest, in particular the protection of the regions fish stocks.

Argentine Dimension

Mr Chairman the Argentine claim to the Falklands is baseless because it relies solely on the equally dubious tenets of history and territorial integrity.

The so-called occupation of the Falklands on which Argentina bases its claim occurred over 160 years ago, was extremely short lived, was exercised only by a few convicts who didn't want to be there in the first place, and who finally murdered their appointed "Governor".

Since which time my ancestors, who have been permanently resident in the Islands since the 1830's, and those of my countrymen, have made the Falklands what it is today, through their hard work, adaptability and determination.

It is both a practical and a political impossibility to roll back history 160 years in any of our countries and expect to find happy solutions. How did mainland Argentina look 160 years ago - a good deal smaller and less successful than it is now that is for certain. Do they want to roll all that back too - I think not.

Reliant on the myth of occupation is the doctrine of territorial integrity, which Argentina also cites as a basis of claim. The notion of territorial integrity could only apply in very different circumstances to ours. We in the Falklands are geographically, geophysically, culturally, linguistically and historically wholly different from the Argentines. Our islands are 400 miles from the Argentine coast. The notion of territorial integrity would have to stretch a very long way indeed to encompass us. And as our colleagues from Gibraltar observed in their address to you recently, there is in UN doctrine, no such thing as the principle of decolonisation by the application of the principle of territorial integrity.

Mr Chairman self determination for the people of the Falkland Islands must be the guiding principle for the UK, for Argentina and for this Committee. It is no good the Argentines claiming that self-determination does not apply to the Falkland Islands because the Falkland Islanders are not a people. We are as much a people as those in Argentina, Uruguay, Brazil and Chile and many other South American countries whose inhabitants are of principally European or African descent.

And it is no good Argentina saying, as it does, that under its administration it would respect the interests of the Islanders; it is the wishes of the Islanders that the UN Charter demands it should respect. The doctrine of interests, like the doctrine of territorial integrity, is the doctrine of colonialism.

The people of the Falkland Islands have no wish to change from British administration to an Argentine administration. This has been very amply demonstrated in every general election over several decades.

The solution to the Argentine problem about the Falklands lies not in arguing about history, it lies in accepting the reality of where we are now, and having proper respect for the wishes of the people of the Islands.

The Future

So where do we go from here ?

With a new, and hopefully stable Government in Argentina, there is an opportunity to move forward. An opportunity for Argentina to demonstrate a new political maturity on the world stage, by setting aside its claim to our country and working with us to create a safe and prosperous area in the SW Atlantic. We would then each of us be able to reduce the application of resources from all sides in pursuing and defending our respective positions, and use those resources to greater effect in co-operating to protect and conserve our environment and develop our natural resources to mutual benefit.

We should be supported in this by this Committee, guided by the wise words of the Secretary General, who advises that the Committee should put self-determination and the development of internal self-government at the forefront of its considerations. We were pleased to note the interventions by Honourable Delegates to this effect last Thursday in discussions on the Anguilla and Caymen issues.

So if it is the wish of the people of the Falkland Islands to continue to develop our economy and our society in partnership with the United Kingdom, how can it not also be the wish of this Committee, whose responsibility it is to foster such development ?

Mr Chairman and Honourable Members of the Committee of 24, I hope you will, each and every one of you, speak in support of the right of our people to self determination and internal self government, and recommend that in future years no resolution on the Falkland Islands should be brought which does not note the right to self determination of all peoples.

Mr. John Birmingham - Legislative Councillor - FIG.

Mr Chairman and Members of this Committee,

Following on from my colleague, I thank you for the opportunity of speaking to this long established body. This is the second time I have represented the Falkland Islands at this forum.

The last time I spoke to this committee I said that from the point of view of the Falkland Islanders it was difficult to put across a new angle on the issue of sovereignty because the problem remains the same - that being the continued Argentine insistence on believing that they own the Falkland Islands. The islands belong to the people who live there and many families have lived there for over a hundred and sixty years.

The electorate that I represent continue to be unable to understand why the United Nations (an organisation dedicated to helping the people of the World) cannot comprehend or accept that in the life of this committee the situation for small states such as the Falkland Islands has changed enormously. We are an internally self-governing territory working in partnership with the United Kingdom.

I also was disappointed that the Falkland Islands were not able to send an elected representative to the seminar held in Anguilla last month. I did read with interest remarks by the Chair of the Special Committee of 24, Mr. Huntley, who emphasised that the Special Committee was not there to persuade, to force or otherwise influence the people of the territories into changing their present arrangements or to urge them into independence. The Committee is there to provide the people of the territories with information about the options open to them and to work with the administering powers to fulfil their mandates to allow people to exercise their right to self determination.

To again repeat resolution 1514 "That 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."

The Falkland Islands has a thoroughly modern constitution, the basis of which was laid in 1985, which provides for

- the right to self determination and the right to dispose of our natural wealth based upon the principles of international law; - fundamental rights and freedoms of the individual regardless of race, political opinions, colour, creed or sex; - a wholly independent judiciary; - universal suffrage; - internal self-government based on the Westminster system; and - well regulated financial procedures.

We are currently considering further improvements to the Constitution to include additions and aments to the fundamental rights and freedoms to enact new provisions of the ECHR, and to further improve the efficiency of our democratic system.

The UK Government's White Paper of 1999 on the future of its Overseas Territories sets out four principles that underlie our relationships:

- our partnership must be founded on self-determination, but Britain remains committed to those territories which choose to retain the British connection. - Britain is pledged to defend the overseas territories, to encourage their sustainable development and to look after their interests internationally. In return Britain has the right to expect the highest standards of probity, law and order, good government and observance of international commitments. - the Overseas Territories must exercise the greatest possible control over their own lives. - Britain will continue to provide help to the Overseas Territories that need it.

It is a source of considerable pride to both sides that the Falklands has been economically self sufficient except for the cost of defence for the last fifteen years, and will continue to be so for the foreseeable future.

Mr Chairman, it would be easy to bombard this committee with facts and figures along with a history lesson. We in the Falklands are interested in history. We try to, and should, learn from the past but it is the realities of the present and the challenges of the future that are of equal, if not more, importance.

The elected Government of the Falkland Islands wish the new President of Argentina and his Government well for the future and hope that there will be further co-operation in the South- West Atlantic on matters of mutual interest and concern, not least in the conservation of marine resources.

I ask the new Government in Argentina and this committee to reflect on the words of Prince Charles, heir to the British Crown, during his diplomatic visit to Argentina in 1999, "My hope is that the modem, democratic Argentina with their passionate attachment to their national traditions will, in the future, be able to live amicably alongside the people of another modern, if smaller, democracy lying a few hundred miles off your coast. A people just as passionately attached to their traditions and to be able to do so in the spirit of mutual understanding and respect so that neither will again need to feel fear from, or hostility towards, the other." These words are as relevant now as they were then.

We have a lot of visitors from Argentina coming to the Falkland Islands and with few exceptions they leave seeing not only how different our society is to their own but also with a completely different view of the relationship that should exist between our two countries. It is time for the politicians in Argentina and, with respect Mr. Chairman, this committee, to look at the reality of the situation in our part of the World through 21 st century eyes and put outdated views and prejudices where they belong - that is in the past.

I would like to once again thank those countries and delegations who have in the past and continue today to support the people of the Falkland Islands in their struggle for recognition of their rights to self-determination. They obviously recognise what a decolonisation committee is all about and are happy to see one-time colonies moving from that status at their own pace and to a future of their choice.

Thank you Mr. Chairman for allowing me to try and convey the message of my people at this forum.