Call for negotiations for peaceful, definite resolution of Falklands (Malvinas) issue.

Call for negotiations for peaceful, definitive resolution of Falklands (Malvinas) issue

The General Assembly on 27 November asked Argentina and the United Kingdom to initiate negotiations with a view to finding the means "to resolve peacefully and definitively" the problems pending between them, "including all aspects on the future of the Falkland Islands (Malvinas), in accordance with the Charter of the United Nations".

Resolution 40/21 was adopted by a recorded vote of 107 in favour to 4 against (Belize, Oman, Solomon Islands, United Kingdom), with 41 abstentions. The draft was sponsored by Algeria, Brazil, Ghana, India, Mexico, Uruguay and Yugoslavia.

Before adopting the text, the Assembly had rejected two draft amendments proposed by the United Kingdom. One--which would have inserted the words "and the right thereunder of peoples to self-determination" following the words "in accordance with the Charter of the United Nations"--was rejected by a recorded vote of 36 in favour to 57 against, with 47 abstentions.

The other--which would have inserted a new preambular paragraph--"Reaffirming that in accordance with the Charter of the United Nations 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"--was defeated by a recorded vote of 38 in favour to 60 against, with 43 abstentions.

The Assembly also asked the Secretary-General to continue his renewed mission of good offices to "assist the parties" in complying with the request made to Argentina and the United Kingdom, and to take the necessary measures to that end. The Secretary-General was requested to submit a report to the General Assembly in 1986 on progress made in implementing the resolution.

Developments: The Secretary-General, in reporting (A/40/891) on recent developments, said the positions of both Governments remained basically unchanged from those outlined in 1984 (A/39/589). (See UN Chronicle 1984, No.10/11.)

The United Kingdom felt that the 1982 conflict, which had ended negotiations, had created a new situation. While emphasizing its attachment to the peaceful settlement of international disputes, the United Kingdom was not prepared to enter into negotiations on sovereignty over the islands. It had reiterated its resolve to fulfil its commitments to the Territory's people and to continue to resist any attempts to deny the islanders' right of self-determination. The task now was to rebuild confidence between the British and Argentine people, initiate dialogue, seek the progressive reestablishment of normal relations between the two countries, and reduce tensions in the South Atlantic through the adoption of initiatives such as those already taken by the United Kingdom.

Argentina, the Secretary-General went on, also stressed the importance it attached to the peaceful settlement of international disputes, and reiterated its willingness to carry out immediately the provisions of General Assembly resolution 39/6 and to initiate, through the Secretary-General's good offices, a dialogue with the United Kingdom. However, a dialogue must not exclude the sovereignty dispute relating to the islands, Argentina maintained. Only through a satisfactory agreement on the question of the islands could relations between the two countries be built on a solid and stable basis and ensure future peace and stability in the South Atlantic.

(By resolution 39/6, the Assembly reiterated its request to the two countries to resume negotiations to find as soon as possible a peaceful solution to the sovereignty dispute and their remaining differences relating to the question of the Falkland Islands (Malvinas). The Secretary-General was also asked to continue his renewed mission of good offices to assist the parties in complying with that request and to take the necessary measures to that end.)

"I regret that, despite the adherence expressed by both sides to the principle of peaceful settlement of international disputes and their desire to engage in meaningful dialogue, it has not been possible to develop a formula that would enable the two parties to engage in the kind of talks foreseen in resolution 39/6", the Secretary-General said. While deploring the lack of progress, he reiterated his readiness to assist in promoting dialogue.

On 9 August 1985, the Special Committee on decolonization stated that the way to end the colonial situation in the question of the Falkland Islands (Malvinas) was the peaceful and negotiated settlement of the sovereignty dispute between Argentina and the United Kingdom. It also regretted that the resumption of negotiations had not taken place, owing to the United Kingdom's refusal to deal with the question of sovereignty within the framework of comprehensive negotiations. The two Governments were urged to resume negotiations. Support was reiterated for the renewed mission of good offices undertaken by the Secretary-General.

Debate

Dante M. Caputo, Minister for Foreign Affairs of Argentina, in the debate, said the United Kingdom had forcibly stripped his country of its sovereignty over the Malvinas Islands and the South Georgia and South Sandwich Islands. Argentina was willing to resolve the sovereignty issue through peaceful negotiations. Despite Argentina's goodwill, the possibility of initiating negotiations between the two countries to resolve their differences was blocked. In voting for the resolution--which did not include references or terms which Argentina valued highly and which were contained in previous resolutions--Argentina had made a gesture of goodwill to facilitate the opening of negotiations.

Failure to resolve this dispute was "already engendering problems which go beyond the bilateral sphere, affect the rest of the international community, and could become uncontrollable". The presence of military installations on the Malvinas Islands--disproportionate in relation to the area's population and resources--would create a source of world tension, causing a serious threat to the region's peace and stability. The international community should not prejudge the claims of either of the parties.

Although Argentina was a staunch champion of the principle of self-determination of peoples, there were other no less fundamental principles which were also valid within the international community, such as the right to territorial integrity, the non-acceptance of the occupation of territories by force, and the limited rights of foreign people to legitimize such acts. It was the last issue that was under discussion in this case. There were "only respect and assurances from Argentina as to the way of life of the present inhabitants of the Malvinas Islands and their residence therein".

Argentina said that the United Kingdom had proposed that the principle of self-determination be applied "in this debatable case", when only 15 days ago in the Security Council, it vetoed its application in the case of Namibia, where the need for its application was beyond any doubt. It was strange that to solve the question of Hong Kong, the United Kingdom had "reasonably accepted" the prevalence of the principle of territorial integrity over that of self-determination. With goodwill, good faith and imagination, all the differences between the two countries would progressively be resolved, Mr. Caputo concluded.

Sir John Thomson (United Kingdom) said the draft resolution was "100 per cent made in Argentina". Not one word had been contributed from London. It should be the wishes of the Falkland Islanders--who were not a transitory people--that should prevail. The Argentine position in the matter remained unchanged "in substance". He recalled that Argentina would not discuss any question of normalization of relations with the United Kingdom unless London agreed to discuss sovereignty with it. But the United Kingdom could not discuss that matter. Thus the Argentine position was blocking the way to any discussion of normalization.

The United Kingdom's sovereignty over the Falklands Islands was not for negotiation. The Falkland Islanders had the right to self-determination, and the United Kingdom was committed to it. The unbalanced draft was intended to include sovereignty and to exclude self-determination. The United Kingdom objected to it on both those grounds. Self-determination was not a matter for negotiation. The United Kingdom had no doubt about its sovereignty over South Georgia and South Sandwich islands. The United Kingdom had constantly upheld the Namibians' right to self-determination.

There was a gross disproportion between the British and the Argentine forces in the South Atlantic, he said. The United Kingdom's relatively small defence forces in the Falklands were soon to be further reduced. The United Kingdom had tried to take steps to promote contact and dialogue with Argentina and to build mutual confidence. The right course for both sides was quiet diplomacy and renewed contacts working towards a normalization of relations, without prejudice to the question of sovereignty, about which the two countries continued to differ. The United Kingdom was ready for dialogue and friendship with Argentina. It was ready for a step-by-step normalization of relations between the two countries.