Falkland Islands sovereignty dispute
| 1764 - 1767 |  France
|
| 1765 - 1774 | .svg){kind=small} Great Britain
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| 1767 - 1811 |  Spain
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| 1811 - 1820 | Uninhabited |
| 1820 - 1833 |  Argentina
|
| 1833 - 1982 |  United Kingdom
|
| April - June 1982 | Argentina
|
| 1982 - | United Kingdom
|
The Falkland Islands are an archipelago in the South Atlantic. The islands have been subject to rival sovereignty claims for more than two centuries. Spain, France, Argentina and the United Kingdom have all maintained colonies on the islands at some point. The islands are currently administered by the United Kingdom, a position recognised by many countries in the world. Argentina also claims the islands. The sovereignty dispute escalated in 1982, when the Falklands War was fought following an Argentine invasion of the islands.
History of the claims
First settlements
Claims of 16th century Spanish and English discovery have been advanced for centuries, but Dutchman Sebald de Weert's 1600 discovery is the earliest one that is accepted generally. France was the first country to establish de facto control in the Falkland Islands, with the foundation of Port Louis in East Falkland, in 1764. The French colony consisted of a small fort and some settlements with a population of around 250.
The British first landed on the Falklands in 1690, when Captain John Strong sailed through Falkland Sound, naming this passage of water after Anthony Cary, 5th Viscount Falkland, the First Lord of the Admiralty at that time. The British were keen to settle the islands, as they had the potential to be a strategic naval base for passage around Cape Horn. In 1765, Captain John Byron landed on Saunders Island. He then explored other islands' coasts and claimed the group for Britain. The following year, Captain John McBride returned to Port Egmont, on Saunders, to construct a fort. The British later discovered the French colony at Port Louis, and the first sovereignty dispute would begin.
Spanish involvement
Spain claimed the Falkland Islands under provisions in the Treaty of Utrecht which settled the limits of the Spanish Empire in the Americas, which included the Falkland Islands. When Spain discovered the British and French colonies on the Islands, a diplomatic row broke out between the claimants. As France was an ally of Spain at the time, an agreement was reached whereby control of Port Louis would transfer to Spanish control and Spain would repay the cost of the settlement. However Spain and Great Britain, although not at war, could not be described as allies.
The Spanish took control of Port Louis and renamed it Puerto Soledad in 1767. In 1770, a Spanish expedition expelled the British colony on Saunders and Spain assumed total control of the Islands. After a period of diplomatic intensity, with threat of war between Spain and Great Britain, the British returned to their colony, although it was later abandoned in 1774 with a plaque asserting British sovereignty left behind. In 1790 a dispute between the Spanish and the British on the North West coast of North America led to the Nootka Conventions, in which the claims to territories in the North West were settled and Britain renounced colonial ambitions in South America "and the islands adjacent".
Spain had since 1774 assumed uncontested sovereignty over the islands, called Malvinas by them, ruling them from Buenos Aires as part of the Viceroyalty of the Río de la Plata. The islands were abandoned by the Spanish in 1811, with a plaque asserting Spanish sovereignty left behind.
Argentina
Argentina declared its independence from Spain in 1816. The new nation was formed from former provinces of the Viceroyalty of the Rio de la Plata and as such claimed sovereignty over the islands. In 1820 Argentines landed in the Falklands and established a colony made up of a penal colony and small fishing ports. The first Argentine Governor, Daniel Jewitt was appointed in 1823.
The fourth Argentine Governor, Luis Vernet was appointed in 1829. Vernet held substantial farming and trading interests in the Islands, and his appointment was an attempt by the Argentine government to foster its political and economic ties to the Islands. One of the first acts by Vernet was to curb seal hunting on the Islands to conserve the dwindling seal population. In response the British consul in Buenos Aires protested the move and restated the UK's original claim.
Vernet later seized the American ship, Harriet, for breaking the restrictions on seal hunting. Property on board the ship was seized and the captain was returned to Buenos Aires to stand trial. The American Consul in Argentina protested the actions by Vernet, stating that the United States did not recognise Argentine sovereignty in the Falklands. The consul dispatched the warship USS Lexington to Puerto Soledad to retake the confiscated property.
However the captain of the Lexington went beyond his command and destroyed the Argentine settlement at Puerto Soledad. On leaving, the captain declared the Islands to be res nullius (free of all government) and returned to Montevideo. Governor Vernet returned to Buenos Aires after the attack but appointed an interim governor, Esteban José Francisco Mestivier, who arrived with his family to Puerto Soledad on the schooner "Sarandí" in October 1832.
After this the "Sarandí", commanded by captain José María Pinedo, went to patrol the surrounding seas, auxiliating a British schooner ("Rapid"), an American brig at the Magallanes strait and captured an American schooner hunting seals illegally. But as they returned to Puerto Soledad on December 29, 1832, they found the colony in uproar. In Pinedo´s absence there had been a mutiny led by a man named Gomila; Mestivier had been murdered and his wife raped. The captain of the French vessel "Jean Jacques" had meanwhile provided assistance disarming and incarcerating the mutineers. Pinedo dispatched the mutineers to Buenos Aires with the British schooner "Rapid". Gomila himself would be condemned to exile, while six other mutineers were executed.
But the following day, January 1st, 1833, a British corvette commanded by Cap. John Onslow appeared declaring he had orders to put the colony under British flag within 24 hours. Pinedo asked if there had been a war declared between Argentina and Great Britain, and Onslow replied there was none, but on the following day he would reclaim the isles in the name of His Royal Majesty.
Pinedo was determined to resist, he summoned his officers and ordered to load the artillery, but then had to face the fact that most of his men (about 80%) were British mercenaries. This was usual in the newly emancipated colonies in Latin America, where strong land armies were common, but experienced sailors were rare. Great Britain did not oppose British citizens to serve in foreign armies as long as they didn't take up arms against the British Crown. If they did, they would be hanged for treason.
Although Pinedo's men did not question his authority, they refused to fight their co-nationals. Without sufficient forces to put up a fight, he protested verbally and sailed back to Buenos Aires to build up a force to recover the isles.
Pinedo faced military trial and was suspended for four months, and transferred to the land army until called back to the navy in 1845. Inner troubles in Argentina, later an open conflict with France and Great Britain (including a long Anglo-French blockade on Buenos Aires) and, ultimately, Great Britain's superior navy power prevented the Argentines from sending any expeditions to the isles, but they never renounced their claim to sovereignty.
United Kingdom
After their return in 1833, the British began moves to begin a fully fledged colony on the islands. A colonial administration was formed in 1842. This was expanded in 1908 when the UK unilaterally declared sovereignty over Antarctic territory south of the Falklands, including South Georgia, the South Sandwich Islands, and the South Orkney Islands, grouping them into the Falkland Islands Dependencies.
The Antarctic Treaty System of 1959 led to suspension of territorial claims south of the 60th parallel from 1961, and the Falkland Island Dependencies was reduced to include the Islands, South Georgia and the South Sandwich Islands. Territory south of the 60th parallel was formed into a new dependancy, the British Antarctic Territory which overlaps claims by Argentina (Argentine Antarctica) and Chile (Antártica Chilena Province).
Argentina never recognised British sovereignty in the Islands, and formally protested when the Falkland Islands dependencies were established. Argentina also began to claim the other British held islands in the South Atlantic in response to the creation of the Falkland Islands Dependency. However, as the United Kingdom was the leading superpower at the time, it was inconceivable for the Argentines to successfully take the Islands by military force. The UK had substantial naval power in the South Atlantic with a naval base in Stanley, and also at Simonstown in South Africa.
Sovereignty discussions
Following World War II, the British Empire began a substantial decline, with colonies in Asia and Africa gaining independence. Argentina saw this as an opportunity to push her case for regaining sovereignty over the Falkland Islands, and raised the issue in the United Nations. In 1964, the United Nations passed a resolution calling on the UK and Argentina to proceed with negotiations on finding a peaceful solution to the sovereignty question. [1] A series of talks between the two nations took place over the next 17 years until 1981.
Although the issue of sovereignty was of little concern to the British public, the Argentine public still viewed the issue as of significant national interest. This was shown in 1966 when a group of Argentine students hijacked an aircraft and flew it to Port Stanley, and "arrested" two British officials after landing on the racecourse. The Royal Marines detachment on the islands arrested the men and returned them to the mainland to Argentine public acclaim.
The results of the sovereignty talks were mixed. Some progress in the talks came through on the issue of connections to the Argentine mainland. Argentina and the UK cooperated to construct Port Stanley Airport, administered by the civilian arm of the Argentine Air Force. The UK also conceded passport control over the Islanders to Argentina following Argentina's imposition of immigration controls to Falkland Islanders visiting the mainland.
Breakdown of negotiations
Although the sovereignty discussions had some success in establishing economic and transport links between the Falklands and Argentina, there was no progress on the question of any transfer of sovereignty from the United Kingdom to Argentina. In 1976 the British Government commissioned a study on the future of the Falklands, looking at the ability of the Islands to sustain themselves, and the potential for economic development. The study was led by Lord Shackleton, son of the Antarctic explorer, Ernest Shackleton. Argentina reacted with fury to the study and refused to allow Lord Shackleton permission to travel to the Islands from Argentina, forcing the British to send a Royal Navy ship to transport him to the Islands. In response Argentina severed diplomatic links with the UK. An Argentine naval vessel later fired upon a ship carrying Shackleton as he visited his father's grave in South Georgia. [2]
Shackleton's report found that contrary to popular belief, the Falkland Islands actually provided a surplus on its economic activities, and was not dependent on British aid to survive. However the report stressed the need for a political settlement if further economic growth was to be achieved, particularly from the exploitation of any natural resources in the water around the Islands.
Confrontation
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In 1976, Argentina landed an expedition in Southern Thule, an island in the South Sandwich Islands which at that time was part of the Falkland Islands Dependency. The landing was reported in the UK only in 1978 although the UK government stated a rejection of the notion of sending a force of Royal Marines to expel the Argentine base, Corbeta Uruguay.
However a more serious confrontation occurred in 1977 after the Argentine Navy cut off the fuel supply to Port Stanley Airport, and stated they would no longer fly the Red Ensign in Falklands waters (traditionally ships in a foreign country's waters would fly the country's maritime flag as a courtesy). The British Government suspected Argentina would attempt another expedition in the manner of its Southern Thule operation. James Callaghan, the British Prime Minister ordered the dispatch of the nuclear submarine, HMS Dreadnought and the frigates Alacrity and Phoebe to the South Atlantic, with rules of engagement set in the event of a clash with the Argentine navy. The British even considered setting up an exclusion zone around the islands, but this was rejected in case it escalated matters.
In the end no military action occurred, and diplomatic relations between Argentina and the UK were restored. The military expedition was not revealed publicly until 1982.
Falklands War
The Falklands War of 1982 was the largest armed conflict over the sovereignty of the islands. The War was largely started following the occupation of South Georgia by Argentine scrap merchants. However the UK had also reduced its presence in the Islands, by announcing the withdrawal of HMS Endurance, the Royal Navy's icebreaker ship and only permanent presence in the South Atlantic. The UK had also denied Falkland Islanders full British citizenship under the British Nationality Act 1981.
Argentina invaded the Islands on April 2, 1982. Immediately, the UK severed diplomatic ties with Argentina, and began to assemble a task force to retake the Islands. A diplomatic charm offensive began to gain support from the United Nations Security Council, the European Community and the United States for economic and military sanctions against Argentina. The UN Security Council issued a Resolution, calling on Argentina to withdraw from the Islands. The European Community also condemned the invasion and imposed economic sanctions on Argentina. France and Germany also cancelled several military contracts with the Argentine military. The United States supported mediated talks and initially took a neutral stance, although in private, substantial material aid was made available to the UK from the moment of invasion. The USA publicly supported the UK's position following the failure of peace talks.
The British Task Force began offensive action against Argentina on April 30, 1982 and recaptured South Georgia following a short naval engagement. The Operation to recover the Falkland Islands began the next day, on May 1. A series of naval and air engagements took place over the next few weeks before an amphibious landing at San Carlos Bay. On June 14, the Argentine forces surrendered and control of the islands returned to the UK.
Following the Argentine surrender, two Royal Navy ships sailed to the South Sandwich Islands and expelled the Argentine settlement at Thule Island, leaving no Argentine presence on the Falkland Islands Dependency.
Post war
Following the 1982 war, the UK increased their presence in the Falkland Islands. Firstly, RAF Mount Pleasant was constructed which allowed fighter jets to be based on the islands and strengthen the UK's ability to reinforce the Islands at short notice. The military garrison was also increased substantially. A new garrison was also constructed on South Georgia. The Royal Navy South Atlantic patrol was strengthened to include both HMS Endurance, and a Falkland Islands guardship.
As well as the military build-up, the UK also passed the British Nationality (Falkland Islands) Act 1983 which granted full British citizenship to the islanders. High profile British dignitaries also visited the islands to show British commitment to the islands, including Margaret Thatcher, the Prince of Wales and Princess Alexandra. The UK has also pursued links to the islands from Chile, who provided help to British Forces during the Falklands War. LAN now provides a direct air link to Chile from Mount Pleasant.
In 1985, the Falkland Islands Dependency was split into the Falkland Islands proper and a new, separate territory of South Georgia and the South Sandwich Islands was created.
Relations between the UK and Argentina remained hostile following 1982, and diplomatic relations were not restored until 1989. Although the United Nations General Assembly passed a resolution calling for the UK and Argentina to return to negotiations over the Islands future ([3]), the UK ruled out any further talks over the Islands' sovereignty. The UK also maintained an arms embargo against Argentina that was initiated during the 1982 war.
Relations improved further in the 1990s between the UK and Argentina. In 1998, Carlos Menem, the President of Argentina visited London where he reaffirmed his country's claims to the Islands, although he stated that Argentina would use only peaceful means for their recovery. In 2001, Tony Blair, Prime Minister of the United Kingdom visited Argentina where he stated that he hoped the UK and Argentina could resolve their differences that led to the 1982 war. However no talks on sovereignty took place during the visit. His reception in Argentina was more welcoming than that of Diana, Princess of Wales in 1995, who was heckled by the mother of an Argentine soldier killed in the war.
In May 2005, several newspapers reported that Argentina may be considering another invasion of the Islands. The Sunday Express carried the frontpage headline, "Falklands Invasion Alert" on its May 22 edition, citing an increase in Argentine military activity near the Islands, as well as a reported increase in the British garrison, including a Royal Navy ship carrying tactical nuclear weapons; which was certainly not true, given that the last Royal Navy tactical nuclear weapons were withdrawn in the late 1990s. The only nuclear armed RN vessels currently in service are the four Vanguard class submarines, which are armed with Trident. Two days later, India Daily published speculation that the Islands could be a nuclear flashpoint in the future if Argentina were to gain a nuclear arsenal, citing the findings of an unnamed international thinktank. [4]. There was no official comment on the stories by the British or Argentine governments, and other writers have denounced the stories as "nonsense" [5].
Current claims
Argentina
Argentina has maintained a claim over the Falkland Islands since 1833. Supporters of Argentina's claim make the following claims:
- Sovereignty of the islands was transferred to Argentina from Spain upon independence (a principle known as uti possidetis).
- Spain never renounced sovereignty over the islands, even when a British settlement existed.
- Great Britain abandoned their settlement in 1774, and formally renounced sovereignty in the Nootka Sound Convention. Argentina has always claimed the Falklands, and never renounced its claim.
- The UK invasion in 1833 was illegal under international law.
- Islands are located on the continental shelf facing Argentina, which would give them a claim, as stated in the 1958 UN Convention on the Continental Shelf. [6]
United Kingdom
The United Kingdom's position on the sovereignty of the Falkland Islands has varied since discovery of the Islands. The United Kingdom's direct interest in the Falkland Islands was originally derived from the strategic location of the islands as a naval base in the South Atlantic, and for navigation around Cape Horn. Following the decline of the British Empire, the United Kingdom has followed a strategy of self determination in line with the United Nations treaty. Supporters of the British sovereignty in the Falkland Islands make the following claims:
- Although Great Britain signed treaties with Spain over colonisation in the Americas, it did not extend to territories not under effective control.
- The principle of uti possidetis is not valid under international law.
- The right of the fifth-generation islanders to self determination outweighs any Argentine claim.
International position
The International position on the sovereignty of the islands is varied, with some countries supporting the British claim; with others supporting the Argentine claim. Some countries maintain a neutrality on the issue.
Supporters of the British claim
The United Kingdom’s sovereignty over the Falkland Islands is recognised by many countries.
The European Union classes the islands as a special overseas territory, subject to EU law in some areas, and eligible for some European funding initiatives. The inclusion of the islands in an appendix to the proposed European constitution provoked a hostile Argentine response.
France has been particularly supportive of the British position, and provided invaluable help to the British military on the French supplied aircraft and missiles of the Argentine military during the Falklands War. France is also motivated by the fact that it, like the UK, retains many overseas territories that are subject to rival sovereignty claims including the Glorioso Islands, Mayotte and Tromelin.
The Commonwealth of Nations recognises the islands as a British territory. The Falkland Islands are not represented in the Commonwealth as they are not an independent state, but they do participate in the Commonwealth Games.
Supporters of the Argentine claim
The Argentine claim to the Falkland Islands is supported by mainly South American and Latin nations. Peru is the most vocal supporter of the Argentine claim, and provided material aid during the Falklands War. Brazil has also spoken in favour of the Argentine claim. Chile supported the United Kingdom during the Falklands War, but the post-Pinochet centre-left governments have given greater support to the Argentinian claim. Spain, although part of the European Union, has given tacit support to the Argentine claim, voting in the Argentine interest in UN Security Council votes during the Falklands War. Argentina, for its part, supports Spain's claim to Gibraltar.
Amid an ongoing war of words with the United States and United Kingdom, President Hugo Chávez of Venezuela publicly chastised Britain for not returning the islands. [7]
Neutral
The United States maintains official neutrality on the islands' sovereignty. Despite this, the US provided material aid and intelligence to the British during the Falklands War. The CIA World Factbook lists the islands as Falkland Islands (Islas Malvinas); and CIA maps list that the islands are administered by the United Kingdom and claimed by Argentina.
During the 1982 war, the Soviet Union and the Warsaw Pact countries maintained an official neutrality, despite Argentine diplomatic attempts to acquire support at the United Nations Security Council. Although the UK feared possible Soviet interference by providing Argentina with satellite intelligence or arms, Argentina confirmed after the war that no support was received. The People's Republic of China has also officially maintained a neutrality on the issue. PRC atlases and maps label the islands as being disputed between Argentina and the United Kingdom, and consistently show the sinicized Argentine names (e.g. Malvinas, Puerto Argentina) in a larger font first, followed by the sinicized British names (e.g. Falklands, Stanley) in a smaller font in parentheses.
Criticism from within Britain
During the 1982 war some left wing anti-war commentators claimed that for the same amount of money that Britain was spending on the war it would have been possible to relocate the entire population of the Falklands to Scotland and give them a house and a million pounds each. Those defending the government policy countered that as the population of the Falklands were overwhelmingly in favour of the Islands remaining British it would be wrong for the Government to either abandon them to Argentinian rule (particularly given that Argentina was a right-wing military dictatorship at the time) or relocate them from their homeland. Similar reasoning is used to defend British policy in Gibraltar and Northern Ireland.
Sources
- The Battle for the Falklands by Max Hastings and Simon Jenkins (Pan, 1997) ISBN 0330352849
- BBC News- 1977 British Naval Expedition
- L.L. Ivanov et al, The Future of the Falkland Islands and Its People, Double T Publishers, Sofia, 2003, 96 pp. (Complete text) ISBN 9549150313)