The question of repossessing the Falkland Islands (Islas Malvinas)[i] has always been an important issue in Argentine politics and even in the 2023 elections campaign various candidates held discussions over it. Current President Javier Milei had reiterated Argentina’s non-negotiable sovereignty over the islands and suggested diplomatic means to repossess them. In one of his speeches, he expressed approval for former British Prime Minister Margaret Thatcher’s economic policies due to common ideological positions. This however led to disagreement from veterans of the 1982 war[ii] as former Prime Minister Thatcher led the British forces to victory over Argentina in the war and ensured control over the islands. On assuming office, he once again expressed his intent to reclaim ownership over the islands, posturing his willingness to engage the UK through diplomatic means.
Meanwhile, the UK has maintained its position of continued sovereignty over the islands denying the possibility of any discussion. Echoing it, British Foreign Secretary David Cameron in a tour of the Falkland Islands expressed willingness to cooperate with Argentina on bilateral levels, while keeping the islands out of discussions. Argentina while facing an economic crisis has limited means to achieve its goals regarding the islands, which is exacerbated as the UK does not wish to hold any dialogues over it.
This paper will look into the claims of sovereignty over the islands from the perspective of Argentina and the UK and the challenges to Argentina’s position on the Falkland Islands.
Contestations regarding the Falkland Islands (Islas Malvinas)
The Falkland Islands encompassing 12, 173 square kilometres and divided into two halves, East and West Falkland with a population of 3500 is one of the British Overseas Territories[iii]. The islands have limited natural resources restricted to aquatic life, livestock, and some hydrocarbon deposits[iv]. Since 2009 with the adoption of a new Constitution, the islands have been administered by an internal self-government under the supervision of the UK. The islands reportedly did not have any indigenous inhabitants and European countries such as the UK, Spain, and France frequently laid claims over them and had separate colonies independent of one another. The French had established a base in 1764 which was later on sold to Spain and renamed as Puerto de la Soledad.
XThe British established a settlement on the islands in 1766 and briefly withdrew in 1774 due to economic inconvenience in maintaining the settlement. Argentina on the other hand, inherited the islands from Spain and established a settlement in 1820 which as it claims was expelled by the British in 1833, thus enabling the them to have complete control over the islands. While the British maintain that despite withdrawing from the islands in 1774 the status quo of British sovereignty over the islands remained unchanged. Argentina expresses that the islands belong to it since the dissolution of the Spanish Empire and its own independence and terms the expulsion of the Argentinean settlement in 1833 as unjust.
Argentina’s claims are based on the Decree of June 10, 1829[v], which establishes it as the legitimate successor of the territorial possessions of the former Spanish Empire that includes the Falkland Islands. The aforementioned Decree established that the Spanish Empire exercised control over the islands based on the right of the first occupant and since 1820[vi] Argentina came to exercise sovereignty over the islands as the legitimate successor. Hence, Argentina’s claims are based on the inheritance of a former colonial possession. It also brings into the argument the United Nations Resolution 2065 (XX) of 1965[vii] which recognises the dispute over the islands, and calls for negotiations under the ambit of the Special Committee on Decolonization to find a peaceful solution to the dispute.
The UK’s claims over the islands stem from its ownership since 1766[viii] and are based on self-determination by which it is argued that the inhabitants of the islands have a right to choose their future and status. This claim is further bolstered by the 2013 Referendum[ix] that was carried out in which an overwhelming majority (99.8 percent) of the islanders voted in favour of the UK. It also rejects the expulsion of the Argentinean settlement in 1833 as fabrication.
On examining the two contrasting claims, it is clear that the Argentine claim is based on inheritance since 1820 and refuses to recognise the expulsion of its settlers in 1833, while the claim made by the UK rests on the principle of self-determination and ownership since 1766. The war of 1982 which led to the defeat of the Argentine military did not alter the status quo either, thus continuing the dispute.
Challenges ahead for Argentina in exercising its claims
Historical claims by either party notwithstanding, it is an irrefutable fact that the Falkland Islands are currently administered as a British Overseas Territory with its own Constitution and government. The inhabitants are British citizens and even the results of the 2013 Referendum highlight the willingness of the inhabitants to continue with the status quo. The absence of any native Argentine inhabitants further weakened Argentina’s claims on legal grounds. While an amendment to the Argentine Constitution in 1994[x] added that it was the political responsibility of subsequent governments irrespective of ideologies to commit to the recovery of the islands, public perception in Argentina differs on various grounds. While a lot of people believe that sovereignty[xi] over the islands is important, they are more concerned with the economic crises that the country has been undergoing for a long period. Thus, domestic concerns ranging from economic issues, public security, narco-trafficking, employment, and climate change outweigh the issue of sovereignty over the islands.
After the 1982 war, subsequent governments in Argentina resorted to diplomatic means[xii] by garnering support from regional and international partners such as China. Groups such as the CELAC (Community of Latin American and Caribbean States) and the Mercosur have expressed support for Argentina’s position while others such as the G-77 and the OAS (Organisation of American States) have suggested resumption of dialogues between both the parties.
The UK on the other hand on several occasions has denied the possibility of any discussion about the question of sovereignty over the islands, and has reiterated that the 2013 Referendum should be adopted as a focal point about the status of the islands. It has also rejected the position of any regional or international grouping[xiii] and actors that support Argentina’s claims. Furthermore, since 1984 licencing for exploration and production of hydrocarbon resources has been awarded[xiv] by the Government of Falkland Islands with the approval of the British Government, thus cementing the UK’s position in terms of sovereignty. Despite protests from Argentina, this practice has continued allowing the UK an advantage over resource exploration in the area.
Sovereignty over the islands remain an emotive issue rather than occupying a significant position in terms of resources exploitation. In fact, revenue collected by economic activities on the islands are accredited to the Falklands Government while the UK spends for its defence. While Argentina argues that continued British control is unjust and bears neo-colonial contours, for the UK, its sovereignty over the islands is viewed as a commitment to the inhabitants especially after the war of 1982. Hence, as mentioned earlier, even after President Milei on assuming office suggested the resumption of dialogues with the UK, the British government refused[xv] to engage in any such discussion, thus creating a diplomatic stalemate.
Conclusion
While both the contesting parties have laid their claims to exercise sovereignty over the islands based on historical accounts it is at present a self-governing British Overseas Territory. Although Argentina has tried to gather regional and international support, it lacks the means to compel the UK to engage in dialogue over the territory. Apart from expressing desire to enhance bilateral relations and engagement in other fields, the UK has declined any intention to hold discussions regarding the sovereignty of the islands. Argentina’s economic issues and other domestic concerns are a major priority for the current government under President Milei and it lacks the means to repossess the islands. Hence, it seems that the issue of sovereignty over the Falkland Islands will remain a national cause without the means to realise it.
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*Dr. Arnab Chakrabarty, Research Fellow, Indian Council of World Affairs, New Delhi.
The views expressed are personal.
[i] While the UK uses the name Falklands, Argentina prefers to use the Spanish name Las Islas Malvinas.
[ii] The 1982 war was a short conflict of 74 days between the UK and Argentina, which led to the defeat of the latter. British forces managed to dislodge the Argentinean troops and took possession of the islands. Former Prime Minister Margaret Thatcher is viewed negatively across Argentina for her swift and decisive actions which led to the defeat of the Argentinean forces in the war.
[iii] Falklands Islands Government. (2024). Our history. Accessed 13th March 2024. https://www.falklands.gov.fk/our-history#:~:text=The%20Falkland%20Islands%20have%20never,a%20garrison%20at%20Port%20Egmont..
[iv] Although the adjoining areas of the islands have proven hydrocarbon deposits amounting to anywhere between 1.7 to 5 billion barrels of recoverable deposits and around 9 trillion cubic feet of natural gas, issues such as territorial dispute, effect on the environment and the cost of resource extraction are significant impediments. There are three main hydrocarbon basins, the North Falkland Basin, the South Falkland Basin, and the East Falkland Basin out of which the Sea Lion Oil field is the largest. Since 1996 licences for exploration and production have been awarded to several companies, notably Shell, Lasmo, and Hess. Currently, the Sea Lion Project is being operated jointly by Navitas Petroleum and Rockhopper Exploration targeting production of up to 200,000 barrels of oil per day.
[v] Gobierno de Argentina. (2024). Dia de la Afirmación de los Derechos Argentinos sobre las Islas Malvinas, Georgias del Sur y Sándwich del Sur y los Espacios marítimos e insulares correspondientes. Accessed 16th March 2024. https://www.argentina.gob.ar/noticias/dia-de-la-afirmacion-de-los-derechos-argentinos-sobre-las-islas-malvinas-georgias-del-sur-0#:~:text=Las%20Malvinas%20son%20argentinas%20por,y%20amistad%20con%20nuestro%20pa%C3%ADs%E2%80%93..
[vi] Ministerio de Relaciones Exteriores, Comercio Internacional y Culto, Argentina. (2020). La Cuestión de las Islas Malvinas. Accessed 15th March 2024. https://cancilleria.gob.ar/es/politica-exterior/cuestion-malvinas/la-cuestion-de-las-islas-malvinas.
[vii] United Nations. (2023). Special Committee on Decolonization Adopts Resolution Requesting Negotiations Resume to Resolve Falkland Islands (Malvinas) Question. 14th March 2024. https://press.un.org/en/2023/gacol3371.doc.htm.
[viii] UK Parliament, House of Lords Library. (2024). Sovereignty since the ceasefire: The Falklands 40 years on. Accessed 14th March 2024. https://lordslibrary.parliament.uk/sovereignty-since-the-ceasefire-the-falklands-40-years-on/#heading-2.
[ix] The question posed at the 2013 referendum was, “Do you wish the Falkland Islands to retain their current political status as an Overseas Territory of the United Kingdom?” to which 99.8 percent of the voters responded in affirmative. The total votes polled were 1518, out of which 1513 responded in affirmative while only 3 votes were in negative. The total turnout was 92 percent. Argentina did not recognise the results of the referendum.
[x] NACLA. (2023). The Falklands/ Malvinas and Argentina’s Thatcherite Turn. Accessed 16th March 2024. https://nacla.org/argentina-thatcherite-turn-milei-falklands-malvinas.
[xi] Ministerio de Relaciones Exteriores, Comercio Internacional y Culto, Argentina. (2021). Reclamo de la soberanía Argentina sobre las islas Malvinas. Accessed 15th March 2024. https://cancilleria.gob.ar/es/mas-del-80-por-ciento-de-la-poblacion-argentina-respalda-el-reclamo-de-soberania-sobre-malvinas.
[xii] In 2016 an agreement known as the Foradori-Duncan Pact, was reached between the UK and Argentina which would freeze the issue of sovereignty over the Falkland Islands and instead focus on bilateral cooperation on various fields. In March 2023 Argentina withdrew from the agreement causing distrust between both the countries. The 2016 Agreement was an upgrade of the 1995 UK-Argentine Hydrocarbons Agreement that allowed joint exploration and prospecting of hydrocarbon resources, it was formally rescinded in 2007.
[xiii] In July 2023 the UK criticised the use of the words Islas Malvinas (the Argentine name of the Falkland Islands) in an agreement between the EU and the CELAC.
[xiv] Grace Livingstone. (2022). Oil and the Falklands/ Malvinas: oil companies, governments and Islanders. The Round Table, The Commonwealth Journal of International Affairs. 111(1), 91-103. Accessed 16th March 2024. https://www.tandfonline.com/doi/full/10.1080/00358533.2022.2037235.
[xv] MercoPress. (2024). Cameron after better relations with Argentina but not at the expense of the Falklands. Accessed 15th March 2024. https://en.mercopress.com/2024/02/20/cameron-after-better-relations-with-argentina-but-not-at-the-expense-of-the-falklands?utm_source=feed&utm_medium=rss&utm_content=main&utm_campaign=rss&ct=t(RSS_EMAIL_CAMPAIGN).