Statement by the Permanent Representative of Argentina to the United Nations, Ambassador Martin Garcia Moritán

October 3, 2016

Mr. Chair,

Allow me first to congratulate you on your election as Chair of this Fourth Committee. I extend our congratulation to the members of the Bureau, wishing you all the best of success and committing the full support of my delegation. I wish also to express our recognition to the Ambassador Brian Bowler, Permanent Representative of Malawi, for the manner in which he conducted the work of this Committee during the 70th session.

Argentina asserts the centrality, importance and mandate of the Special Committee on Decolonization as the governing body of the decolonization process, as well as its full support for and commitment to the decolonization process led by the United Nations in accordance with the provisions and objectives of the Charter of the United Nations and the principles set out in General Assembly resolution 1514 (XV).

It is always worth mentioning that resolution 1514 (XV) proclaimed the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations, making it clear that there exist "more than one form of colonialism" and establishing two principles to address the several cases: self-determination and territorial integrity. It is thus timely to recall that there still remain 17 territories to which this Declaration is applied and which therefore must be decolonized, taking into account the specificity of each case and pursuant to the General Assembly resolutions adopted for each case, either directly or through the Committee on Decolonization, its subsidiary body specifically in charge of carrying out this task.

Mr. Chair,

Argentina is a staunch defender of the right of peoples to self-determination in all cases in which that right is applicable. No people can be subjected to alien subjugation, domination and exploitation and foreign occupation in the 21st century, which is a denial of the fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and security.

Colonized peoples are thus entitled to freely decide their future political condition in accordance with the relevant provisions of the Charter, the Declaration and the General Assembly relevant resolutions and, to that end, we reiterate our call to the Administering powers to cooperate with the Special Committee.

However, Mr. Chair, the principle of self-determination, like any other principle, is not absolute. In accordance with international Law, as recognized in the General Assembly resolution 1514 (XV), the self-determination must not be used as an excuse for violating the territorial integrity of existing States.

When the United Kingdom forcefully occupied the islands in 1833, it expelled the authorities and population of the Argentine State, which was legitimately exercising its sovereignty over the territory inherited from Spain. Subsequently, the United Kingdom implanted its own settlers in the territory and strictly controlled migration policies, which have determined up to this very day the current composition of the population in the territory.

Taking into account these circumstances, resolution 2065 (XX) adopted in 1965 by the General Assembly characterized the question of the Malvinas Islands as “a special and particular colonial situation” which involves a sovereignty dispute between the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland, which must be settled through negotiations between the only two parties, taking into account the interest of the inhabitants of the islands.

Self-determination is not applicable to the current inhabitants of the Malvinas Islands, because there is not a people subject to foreign subjugation, domination or exploitation of a colonial power, as it has been reflected in the more than 40 resolutions adopted by the General Assembly and the Special Committee on Decolonization since 1965, the most recent one on 23 June 2016.

In contrast with other cases of colonialism, in which a pre-existing population falls victim to the establishment of a colonial rule, none of the resolutions on the question of the Malvinas Islands makes reference to the principle of self-determination. Furthermore, in 1985 the General Assembly rejected two amendment attempts aimed at incorporating a reference to the self-determination in the resolution over the question of the Malvinas Islands.

Mr. Chair,

Since the adoption of Resolution 2065 (XX) and for almost two decades, the Argentina and the United Kingdom engaged in substantive negotiations, the beginning of which was communicated to the Secretary-General (documents A/6261 and A/6262). During those years, Argentina and the United Kingdom considered several proposals for settling the dispute, made commitments and concessions, and there was even documents drafted, agreed and even initialized by the negotiators, in which the United Kingdom agreed to recognize the Argentine sovereignty over the islands.

Argentina doesn’t have anything, and has never had anything, against the British citizens living in the Malvinas Islands. There is a commitment of upholding their interest and lifestyle at the highest institutional level, enshrined in the National Constitution. During the period when there were sovereignty negotiations, Argentina and the United Kingdom simultaneously held “special talks” on practical aspects related to the welfare of the population of the islands. Together we were able to establish regular air and maritime services and postal, telegraphic and telephone communications, Argentina provided healthcare, education, agriculture and technical assistance to the inhabitants of the islands.   
The conflict of 1982 took place while our country was being ruled by a military dictatorship and caused the priceless loses of both Argentine and British lives. Nevertheless, it is worthwhile recalling that the conflict hasn’t altered the nature of the dispute, as can be seen in resolution 37/9 of the General Assembly and subsequent ones, which call for the resumption of negotiations.
Since then, the United Kingdom has remained uncompromising in its refusal to resume negotiations, in spite of the repeated calls by the international community, which has expressed not only by means of the United Nations, but also with repeated pronouncements of the Organization of American States, the Group of 77 and China, CELAC, MERCOSUR and UNASUR, as well as other multilateral, regional and bi-regional fora, among them, the Summit of South American and Arab Countries, the Africa- South America Summit, the Ibero-American Summit and the Zone of Peace and Cooperation of the South Atlantic. 

Many of these fora not only have underlined the need to find a peaceful bilateral settlement of the dispute and have encouraged the good offices of the Secretary-General, but they have also spoken out against the unilateral activities of exploration and exploitation of renewable and non-renewable resources in the area under sovereignty dispute, in accordance with the provisions of resolution 31/49, which call upon both parties to refrain from introducing unilateral modifications in the situation while the islands are going through the process recommended by the General Assembly. In that regard, I would like to express our appreciation for the support of the 134 members of the Group of 77 and China, which in the Ministerial Declaration adopted on 23 September 2016 reiterated their recognition of the rights of the Argentine Republic in relation to the unilateral activities of exploration and exploitation of hydrocarbons in the area under dispute.

Mr. Chair,

Since taking office in last december, the President Mauricio Macri has expressed his willingness to begin a new positive stage in the historic and rich bilateral relation with the United Kingdom.

On 13 September 2016, on the occasion of the visit of the Minister of State for Europe and the Americas at the UK Foreign and Commonwealth Office, Sir Alan Duncan, to Argentina, both countries issued a joint statement which expresses the decision of Argentina and the United Kingdom to renew the relation in a comprehensive manner, covering the whole bilateral agenda with a constructive approach, including the question of the Malvinas Islands.

The Joint Communiqué reflects both parties' intent to resume dialogue over all the aspects of the South Atlantic, without exclusions, and under sovereignty safeguard which preserves the Argentine rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas.

In this constructive framework, as the President of Argentina, Mauricio Macri, expressed when addressing to the General Assembly, I want to “reiterate our call to the United Kingdom to dialogue, as mandated by many resolutions of this Organization, to settle in an amicable manner the two-century dispute on the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas.”

Thank you very much, Mr. Chairman.