MercoPress. South Atlantic News Agency

Falklands' people “inalienable right to self determination”

The Falkland Islands Government (FIG) welcomed the new Constitution for the Islands which provides enhanced local democracy and internal self-government and enshrines the right of self-determination.

Speaking on behalf of the Falkland Islands Government, Councillor Mike Summers OBE said on Friday that the Islanders' right to determine their own future was now embedded in the main body of the Constitution: "Our inalienable right to self-determination is in line with the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Furthermore it was endorsed by the United Nations Fourth Committee (Special Political and Decolonization) on 20 October this year. "This is a post-colonial Constitution which the Falkland Islands Government initiated and on which the Falkland Island people were consulted. It recognises the reality of the modern world in which the rights of free peoples are paramount and the assertion of territorial rights, irrespective of the wishes of those who live there, has no place. "Falkland Islanders have freely exercised their right of self-determination on numerous occasions by clearly indicating their wish to remain British. This new Constitution re-states our right to decide our own future and enhances our powers of self-government. Surely no one who supports democracy and civil rights can oppose this?" The Chapter I of the new Constitution, Protection of Fundamental Rights and Freedoms of the Individual, in its first article states that: "1 Whereas (a) all peoples have the right to self-determination and by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development and 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; (b) the realisation of the right of self-determination must be promoted and respected in conformity with the provisions of the Charter of the United Nations;" The Falkland Islands Constitution Order 2008 was made last Wednesday by Her Majesty Queen Elizabeth II in the Privy Council and is expected to come into operation on 1 January 2009. The new Constitution makes much clearer Councillors' responsibility for most domestic policies and that, in general, the Governor will now have to abide by the advice of the Executive Council on such matters. But the new Constitution will also enshrine a power for the Governor not to act upon Executive Council's advice "in the interests of good governance", or in relation to external affairs, defence, internal security (including the police), the administration of justice, audit, and management of the public service. Other important changes include: recognition is given to the Chief Executive as head of the public service, but under the authority and direction of the Governor; new provision is made for both a Public Accounts Committee and for a Complaints Commissioner; and it is in line with the provisions of the European Convention on Human Rights and of the International Covenant on Civil and Political rights. There are also some changes to who has Falkland Islands Status (which brings with it eg the right to vote) through the constitution – references to Commonwealth citizens are replaced by British citizens, British Overseas Territories Citizens will now have to apply for status rather than get it automatically on naturalisation/registration, and spouses will also now have to apply for status. The new constitution process dates back to the 1999 White Paper on the Overseas Territories (OTs) committed which the UK to reviewing constitutional frameworks with the Territories to ensure consistency with the principles that underlie the modern partnerships between Britain and the OTs. A Select Committee on the Constitution was formed in the Falkland Islands which met and consulted from its establishment in April 2000 until it produced its final report in April 2007. Negotiations then took place with the UK and final public consultation took place in the austral winter 2008.