MercoPress. South Atlantic News Agency
“Britain has manipulated the principle of self-determination in the Falkland Islands”
“None of the more than 50 resolutions passed by the UN have recognized the existence of a separate people on the territory of the Falklands/Malvinas” “If there is a people who are victims of colonialism, to whom the principle of self-determination can be applied, it is the Argentine people,” says Facundo D. Rodriguez (*). The following is a letter Mr. Rodriguez sent to The Guardian in reply to the piece by columnist Simon Jenkins, “Argentine firebrand president elect Javier Milei is right in one thing, British sovereignty of the Falklands must end.”
Re your letters on the Falkland Islands (30 November), self-determination is a fundamental principle of contemporary international law. For a number of years, the UK denied the legal – and therefore binding – nature of it and recognized its importance only with the aim of justifying its colonial position with respect to the cases of the Falklands/Malvinas and Gibraltar.
None of the more than 50 resolutions passed by the UN have recognized the existence of a separate people on the territory of the Falklands/Malvinas, and these resolutions have therefore taken other paths regarding the manner in which to proceed to the decolonization of the Islands: negotiation between Argentina and the UK to solve the dispute over sovereignty, taking into account the interests of the population of the Islands. When the UK attempted to incorporate an express mention of self-determination in what became Resolution 40/21, the general assembly rejected it outright.
The fact that the present-day inhabitants of the Falklands/Malvinas do not constitute a separate people, holders of the right of self-determination, does not mean that they do not enjoy other rights. They are of course entitled to human rights, both individually and collectively. Argentina has committed itself in its constitution to respect the inhabitants’ way of life.
Britain’s manipulation of this principle is clear. First, it is the UN, and not the colonial power, in charge of determining the procedures to put an end to a colonial situation, and the UN has never applied such a principle to the inhabitants of the Islands. Second, this is a special case of colonialism in which the victim of the colonial action was a recently established state. Third, after the dispossession of Argentina, the British government established their own settlers. Fourth, since then, it has controlled the migration policies. And lastly, the current residents do not constitute a separate “people” victim of colonial actions.
Accepting that the British subjects living in the Islands may themselves decide the Anglo-Argentine dispute would mean a flagrant and arbitrary example of imposing a fait accompli. If there is a people, a victim of colonialism to whom the principle of self-determination can be applied here, that people is the Argentine people.
(*) Facundo D Rodriguez, Professor of international law, University of Buenos Aires, Argentina.
Top Comments
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Read all commentsoh no no Malvi, this is not the case, as you will see if you read Pinedo's log.
Dec 12th, 2023 - 02:47 pm +7The Sarandi dropped the militia off in Port Louis October 1832 and went on an expedition around the the islands, when it returned Pinedo found Mestevier murdered, his wife raped
and the whole area in uproar.
Every single one of the civilians who departed with Pinedo HAD ALREADY AGREED TO LEAVE WITH HIM BEFORE (BEFORE) the HMS Clio arrived on January 6th. Pinedo had only refused transit to the militia as their role was to stay on the islands.
The only change to the passengers of the Sarandi was the militia and their families ordered by Captain Onslow.
So Malvi, zero percent of the population was evicted.
The 27 militia who had been on the islands for 10 weeks (who wanted to leave but were refused by Pinedo), the prisioners they had brought with them were evicted.
The 20 or so civilians had already agreed transit with Pinedo as they had been left in hideous living conditions by Vernet two years earlier.
READ THE SARANDI LOGS
This guy is a “professor”??
Dec 12th, 2023 - 11:26 am +4“First, it is the UN, and not the colonial power, in charge of determining the procedures to put an end to a colonial situation, and the UN has never applied such a principle to the inhabitants of the Islands”.
Err...yes it has
”The decolonization efforts of the United Nations derive from the principle of “equal rights and self-determination of peoples” as stipulated in Article 1 (2) of the Charter of the United Nations, as well as from three specific chapters in the Charter which are devoted to the interests of dependent peoples. The Charter established, in its Chapter XI (“Declaration regarding Non-Self-Governing Territories”, Articles 73 and 74), the principles that continue to guide the decolonization efforts of the United Nations.“
Second, this is a special case of colonialism in which the victim of the colonial action was a recently established state.
There was no victim. Nobody was expelled except a colonising militia who arrived 10 weeks earlier and wanted to leave anyway.
Third, after the dispossession of Argentina, the British government established their own settlers.
There was no dispossession of Argentina, and all Americas are a result of European settlers.
Fourth, since then, it has controlled the migration policies.
So does every country.
And lastly, the current residents do not constitute a separate “people” victim of colonial actions.
Yes they do, according to the UN same as any other island people.
Good try, wrong on all five counts ”professor”.
Malvi
Dec 12th, 2023 - 01:56 pm +4Rule no 1. Never, ever believe a word that the Kohen writes as he is an acknowledged liar.
Rule no 2. Do you own research by reading the log of the Sarandi. It's available in the BA archives.
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