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“let's not fool around (...) if the announcement of the cancellation of the “Joint Declaration” (the Pact) was made by the United Kingdom it would be more credible”; expresses the South Atlantic and Fisheries expert, Cesar Lerena.

3 de March de 2023 12:14

The announcement of the cancellation, "that is, it seems that everything is changed so that nothing is changed."

The Foreign Ministry's announcement regarding canceling the Foradori-Duncan Pact is a true “gatopardism”, that is, it seems that everything is changed so that nothing is changed. It reminds us of the story of "Little Red Riding Hood", which tells how Little Red Riding Hood, who was happily walking towards where her grandmother lived, is tricked by the Big Bad Wolf, so he arrives first at the old woman's house and eats her; Then, he dresses as if he were the grandmother and, prior to a well-known dialogue with Little Red Riding Hood about “what big ears you have, grandmother,” he also devours the girl. Although the events are attributed to different motivations, the ending is generally this and, There are those who add that a woodcutter rescues them and the story has a happy ending. We will not be very original if we say that, in real life, the Big Bad Wolf is usually linked to evil and we are all Little Red Riding Hood who, innocently, we let ourselves be fooled.

Yesterday the Argentine Foreign Ministry released Report 096/23, indicating that " in the Republic of India, Minister Santiago Cafiero met with his counterpart from the United Kingdom, the Secretary of State for Foreign Affairs, Commonwealth and Development, James Cleverly, at who reported that the Argentine government terminates the Joint Communiqué of September 13, 2016", commonly known as the Foradori-Duncan Pact. We should be happy about this news, since since 2016 and, in a meeting with the then Foreign Minister Susana Malcorra in the Senate of the Nation, we expressed our most energetic rejection of such a statement (almost all the attendees in a packed room did so) and, to this day, we have been demanding the cancellation of this “Pact”; But, from a complete reading of this report we realize that the title was eliminated, but not its content , which, in relation to the Malvinas and, particularly the “South Atlantic” section, indicated:

« In a positive spirit, both Parties agreed to establish a dialogue to enhance cooperation on all South Atlantic matters of mutual interest . Both Governments agreed that the sovereignty formula of paragraph 2 of the Joint Declaration of October 19, 1989 ( the “umbrella formula” ) applies to this Joint Communiqué and all its consequences. In this context, it was agreed to “adopt appropriate measures to remove all obstacles that limit the economic growth and sustainable development of the Malvinas Islands, including trade, fishing, navigation and hydrocarbons.” Both Parties emphasized the benefits of cooperation and positive engagement by all involved. In accordance with the principles established in the Joint Declaration of July 14, 1999 ( the LATAM flight ) and the Agreement by Exchange of Notes, both Parties agreed that additional air connections would be established between the Malvinas Islands and third countries. In this context They agreed to establish two additional monthly stops in continental Argentine territory, one in each direction. Specific details will be defined.

The Argentine Foreign Minister, referring to the cancellation of the aforementioned statement, proposed to the aforementioned Cleverly " restart negotiations for sovereignty in the Malvinas Question and invited a meeting to be held to agree on the negotiation agenda at the United Nations headquarters in New York" (sic ) , giving him a note that stated that " our country has sought to collaborate on specific issues such as flights, scientific activity in Antarctica or conservation and preservation of fishing resources ( NdA: confession of parties release of evidence ), without the willingness demonstrated by Argentina has been responded to reciprocally by its government. On the contrary, the United Kingdom has continually carried out unilateral acts, which have been opportunely and duly protested by the Argentine Republic. Likewise, throughout this time, the British Government has consistently refused to resume the sovereignty negotiations repeatedly urged by the United Nations and required by Article 2 (3) of the Charter. Consequently, it has also not been allowed to give compliance with the mandate imposed by Resolution 2065 (XX) of the United Nations General Assembly" (sic) , highlighting that " these actions are incompatible with United Nations Resolution 31/49" for all this indicates that " the Communiqué Joint of September 13, 2016, known as Foradori-Duncan, and its effects, are considered terminated » (sic) and, the latter does not seem to be going to happen, if the United Kingdom accepts any of the minimum proposals that it Cafiero presents: " issues of mutual interest are addressed, which contain at least (" It was agreed to work together to identify new areas of collaboration," said the canceled Pact) : a) The resumption of negotiations on the sovereignty of the Malvinas Islands , South Georgia, South Sandwich and the surrounding maritime spaces, in the terms of Resolution 2065 (XX) of the United Nations General Assembly and other relevant resolutions. Issue for which it should begin by discarding the Madrid Agreements, especially clause 2 of the Madrid Agreement I of 10/19/89; which is why this point is just an expression of wishes that, even canceling the Foradori-Duncan Pact, remains in force; b) The air and maritime connectivity of the Malvinas Islands, South Georgia Islands, South Sandwich Islands and the surrounding maritime spaces with the Argentine continental territory. An issue that has already been occurring within the framework of the Pact, since it is not specified here that these flights should be made with Aerolíneas Argentinas and with the highest frequency of all current flights to the continent; c) Practical measures aimed at guaranteeing the interests and way of life of the inhabitants of the Islands in such a way that they favor the development of cultural, economic, health, educational and other links between the Malvinas Islands and the Argentine mainland. All issues included in the “ fallen ” Pact; that, for example, do not refer to changing the immigration system; the filing; investment, etc. of Argentines in the islands; d) Measures that allow adjusting the use, conservation and preservation of natural resources in the area under sovereignty dispute. This point preserves everything provided for in the Pact regarding fishing, making it inadmissible for the Foreign Ministry to refer to “ measures that allow adjusting the use, conservation and preservation of natural resources ”; resources that are Argentine and, since 1989, coinciding with the Madrid Agreements and according to British statistics, foreign vessels with illegal British and island licenses associated with Spaniards fish in the Malvinas area about 250 thousand tons annually, without successive Argentine governments since 1998 to date have sanctioned a single vessel, despite the validity of laws 24,922, 26,386 and 27,564; e) The demilitarization of the areas under sovereignty dispute . Without referring to the 1,639,900 km2 that Argentina has occupied by the United Kingdom or the 1,430,367 km2 of the Argentine Continental Shelf that England disputes with us, as well as the sector of the Argentine Antarctica of 965,597 km2 that the United Kingdom calls “Queen Elizabeth Territories”. The demilitarization of the Malvinas area is an initiative repeatedly demanded by Argentina, although the governments have not activated the Peace Zone in all these years and South Atlantic Cooperation (ZPCAS) of all the States of Eastern America and West Africa approved by the UN General Assembly 41/11 of 10/27/86, with the aim of limiting the armament of the United Kingdom in the region.   

Minister Cafiero's Note unusually limits itself when it highlights " the will to give continuity to the bilateral relationship in all areas in which progress has been recorded and in which courses of action have been proposed in which no divergences have arisen ," That is to say, it leaves aside the main issues of territorial occupation and exploitation of fishing and hydrocarbon resources by the United Kingdom in the South Atlantic, among others, that there are divergences, emptying the “finalization” of the Pact of content, which continues to be valid in its effects in favor of the United Kingdom, to: adopt appropriate measures to remove all obstacles that limit the economic growth and sustainable development of the Malvinas Islands, including trade, fishing, navigation and hydrocarbons.  

The United Kingdom will come out now - it has already done so in these hours - to reject the cancellation and will pressure the British ambassador Kirsty Hayes on the identification of the fallen; But, “ let's not take the bait ”, none of the effects of this ruinous Pact have fallen.Honestly, if the announcement of cancellation of the “Joint Declaration” (the Pact), under these conditions, was made by the United Kingdom, it would be more credible.

By Agenda Malvinas


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