The precise enumeration by the South Atlantic and Fisheries expert César Lerena, of the successive acts of surrender of the insular and maritime territories of the Nation in favor of Great Britain during the 41 years after the war committed by the democratic governments and with it, the dispossession of the wealth and natural resources of all Argentines.

2 de April de 2023 14:14

“There is a lot to do, because almost nothing has been done,” César Lerena

40 years have passed since the recovery of the Malvinas and they did not even dare to remember in 2022 that after 189 years, Argentina recovered its dignity and, who emptied of content to the deed, you they removed to the fallen and to the combatants the reason for their effort and heroic role. While the British The Argentine surrender of June 14 is celebrated in the United Kingdom and Malvinas, (that supposes a recovery Argentina previous), the successive governments demalvinize until the date and fail to comply with The disposition first of the Constitution National of 1994 that pray: " The   Nation Argentina ratifies its legitimate and imprescriptible sovereignty over the Malvinas, South Georgia and South Sandwich Islands and the spaces maritime and insular corresponding, by be part member of the territory national…constituting An objective permanent and inalienable of Argentine people.”


“There is a lot to do, because almost nothing has been done” ( César Lerena, “Malvinas 1982-2022.Una heroic deed and 40 years of dedication”, 2 of April 2022 ).

The successes have been few and the errors (?) a constant in Argentine diplomacy to this day. days.In recent years the 1968 Memorandum of Understanding (the entelechy of talking on sovereignty, but taking into account the interests and wishes of the islanders); ponder (among others, Marcelo Kohen and Guillermo Carmona) the stage of the de facto government of Lanusse (1970/73) where they were provided with all kinds of services and goods to the islanders without anything in return (gas, mail, telephones, landing strip, airplanes, studies, health, etc.); a English project that allowed the Kingdom United gain time and avoid investments in the islands.

Is of suppose that the Chancellery Argentina already there was taken knowledge of the report of the mission of lord Shackleton (HE sold in the islands in 1976 to 8 pounds he copy, when HE they fulfilled 143 years of the occupation of Malvinas); but, he does not seem to have found out until today that 190 years have passed since the British occupation; because all his action-inaction was absolutely unfavorable for the Argentine interest, in tuning with this report that No HE took in account to the hour of sign laws, agreements, agreements and statements.Among other things this document says: «It is estimated that the islands are surrounded by a sea in which could locate the greater resources world still unexploited of proteins…(Regarding) to the fishing in high sea, the report maintains that much of the fishing reserves in the southwest Atlantic are within a radius of 200 miles around the islands…The report urges the British Government to propose a convention international1 for the control of fisheries in the Southern Ocean…Oil, according to expert Ridchard Johnson and his team assumed the existence of black gold in the sea. To carry out an important development program of the economy of the islands, especially in relation to marine resources, cooperation and even the Argentine participation...It is evident to anyone who visits the archipelago that the population is British and maintains her firm desire to remain British.The issue of sovereignty is a determining factor report, and it is somewhat unrealistic to examine economic possibilities largely divorced from political considerations.Due to this and the high cost of production, if cooperation is not achieved Argentina, there is little probability of a commercial response to the unilateral issuance of licenses by the British Government. The document adds that a new mining ordinance should transfer all rights miners to the Crown British. The legislation ought be elaborate with full knowledge of the policy Argentina oil exploitation. The report addresses no less important issues such as transportation, advises direct flights to the Malvinas Islands and close cooperation with Argentina… The conclusions of the report are tied in this way to the only option maintained to date by England: discussion regarding the possibilities of cooperation and uncompromising maintenance of the British commitment to the islanders that there will be no transfer of sovereignty against their wishes » ( José E.Greño Velazco ). Nothing else similar to the cooperation unilateral propitiated by all the governments Argentines, to knowingly that he The United Kingdom will not carry out any discussions on sovereignty that go against the wishes of the islanders, although we know that be one excuse imperfect of the Foreign Office, for continue in it Atlantic South.

The de facto government in 1982 , instead of receiving with honors those who fought to defend the territory national and, honoring our dead and wounded with glory, hid them; Meanwhile, many Argentines do not knew how to distinguish between a decision of the high military commands and the most noble fulfillment of duty in try of defend the sovereignty, according to it prescribe he art. 21st of the Constitution National. Starts the demalvinization and, with it, the sustained and growing delivery of the national marine territory, its natural resources and, the consolidation of the British mission and the economic and territorial strengthening of the invaders. From this year and, especially since the signing of the Madrid Agreements in 1989 , the presence of ships has increased foreign started by he government illegal of Malvinas and HE increases the internationalization of the sea Argentinian


with the presence of Spanish, Chinese, Taiwanese, Korean fishing vessels, etc. In 1983 a process was established of deculturalization and misinformation that presents the Malvinas war as shameful, alienating the Argentines he sense of belonging of the Archipelago and ignoring he role compliment by the fighters in the war against him Kingdom United in he South Atlantic and, facilitating the start of a series of processes ruinous

In 1984 , the Treaty with Chile was signed, where Argentina ceded island and maritime territory in the Atlantic. South.This Treaty benefits Chilean interests and controls access to the Beagle Channel.One year after, he R. United inaugurates a Airport in Malvinas that will facilitate the military operations from the Islands.

In 1986 , under the pretext of the Fisheries Agreements signed by Chancellor Caputo with the USSR, the Illegal governor in Malvinas creates the “Provisional Fisheries Conservation and Administration Zone” (FICZ) of 150 miles, in which the entry of Argentine ships is prohibited. This same year the "Zone of Peace and Cooperation of the South Atlantic» (ZPCAS) at the initiative of Brazil, approved by UN Res. 41/11 of 10/27/1986; without that the governments Argentines you lend attention to this important tool destined to avoid the interference in the Atlantic South of strange countries (he Kingdom United) and limit he weapons in the area.

In 1987 in the UN HE gather he chancellor Caputo and he Undersecretary Robert Gelbard of state Joined. The Chancellor promotes “the formula of the umbrella of sovereignty”, which was nothing other than accepting the English formula that Argentina had already rejected in 1981: freezing sovereignty issues and cooperating jointly in the development of the Malvinas (See Lord Shackleton's report of 1976 ). The United Kingdom advanced from 11,410 km2 (Malvinas) that occupied in 1982 at 1,639,900 of km2 of the territory marine and island that occupies today.

In 1988 In Geneva, Ambassador Lucio García del Solar agrees with the English Ambassador to the UN Crispín Tickell, omit all reference to fishing issues . This issue seemed to the Argentine government and, to the following, a minor issue (the same as today); but, as we already stated ( César Lerena “Malvinas. Biography of the Delivery, 2009 ) was, and is, a central theme. This would be ratified by the illegal director of Malvinas Fisheries, John Barton in 2012: "without the Fishing the Malvinenses do not there could have been subsisted» ( sic ).

In 1989/90 , in Madrid, HE they carry out the Statements Joint (Agreements of Madrid) confirming the

"formula of the umbrella"; the delivery of Fishing to the Kingdom United and the restrictions military british that They consolidate their occupation and economy in the South Atlantic. The United Kingdom modifies the status quo of 1982, despite the Res. 31/49 of the UN. Agreements that, despite to the different political signs of the governments, still valid until today.

In 1991 , Chancellor Cavallo, with the intervention of Susana Ruiz Cerutti (today a member of the Council of Malvinas) promotes the sanction of Law 23,968 "on baselines" and in fact repeals Law 17,094, reducing our sea territorial, although No we would have ratified to that date the Convention of the Nations United about he Sea. He Agreement of Madrid HE consolidate with this Law, weakening the rights of the provinces patagonian, in he special of T.Fire, whose islands, they will be unsustainable to the reduce at 12, the miles he sea territorial.

In 1992 HE approve he Agreement with he Kingdom United, for the Promotion and the Protection of their Investments and, by Law 24,184, the most favorable clause was established in relation to third States. One year later the United Kingdom extends its occupation to 200 miles around Georgia and South Sandwich, implying elderly occupation Marine, control southern of the Atlantic and the relationship with the Antarctica. Seems fuck.

In 1994 , the Argentine government established the charter and ban on squid, which guaranteed the islanders the arrival to Malvinas of this vital resource.For its part, the United Kingdom establishes a “GAP” area to the northwest of the Islands and within the Continental EEZ of about 1,400 km2 to protect their squid catches, without produces no Argentine reaction. The same year, Argentina signs a Fisheries Agreement with the Union European Union and shortly after the United Kingdom establishes a 200-mile EEZ around the Malvinas, which ratifies the prohibits national vessels from fishing in that area and facilitates the granting of licenses to the English. The agreement with Europe never reached the Malvinas area and, even, in the case of Squid, it was assigned to not annoy to the British, the capture of a subpopulation of this species that No migrate to the Archipelago. Also This year the new Constitution of the Argentine Nation is approved, which in its First Transitory Provision establishes that: «The Argentine Nation ratifies its legitimate and imprescriptible sovereignty over the islands and spaces corresponding maritime and insular areas, as they are an integral part of the national territory. The recovery of said territories and the full exercise of sovereignty, constituting a permanent and inalienable objective of the people Argentina", which demonstrates the vocation of all political sectors to persist in the recovery of this territory national; but that, in the facts, not HE They carry forward policies in tuning with this mandate popular.

In 1995 , Argentina and the United Kingdom agreed to joint research into fishing resources and english HE do of a information vital for grant licenses illegal to ships. This same year by Law

24,543 Argentina ratifies UNCLOS that among other adverse effects on the coastal States, legislate on the capture on the high seas of migratory resources originating from the EEZ. A year later, in London, the secretary of Relations Exteriors Andrew Cisneros signature he Agreement that besides of normalize the relations with England, No refers to the sovereignty of the islands, the occupation territorial either the exploitation of our resources.


In 1998 the “Military Cooperation Agreement” was signed with the United Kingdom, which, far from reducing the presence military british in he sea Argentinian, these transfer to Malvinas he Command South of the Island Ascension, installing the largest NATO base in the South Atlantic. This same year, Fisheries Law 24,922 was passed, which, despite elapse 25 years of your dictation never sanctioned the ships who do fishing illegal in Malvinas.

In 1999 , in Madrid, Secretary Cisneros agreed with the United Kingdom to combat “vessels without licenses.” “British” in an unacceptable cooperation in favor of the economy of the islanders in the Malvinas and, a year later, Congress dictates Law 25,290 that approves the so-called New York Agreement that puts in the hands of the Flag States with a majority in the Regional Fisheries Management Organizations (RFMO) the control of the species migratory, appropriating to the state riparians (Argentina) to through of the fishing illegal of further

11,000 million dollars annually and opening the doors to the United Kingdom to intervene in the South Atlantic. No be by a bunch of opponents in it Congress is unfortunate law would have ratified.

In 2005 , the Treaty of Lisbon was approved with the vote of the citizens of Spain and Italy (and the vote of Argentines with dual nationality?) that included the Malvinas, Georgias, Sandwich as British Territories of the South and the Antarctica.Se suspend this year the research fishing joint.

In 2007, the government granted oil exploitation until 2043 of the “Cerro Dragon” field to Pan American Energy, largely from British Petroleum. HE They also ignore the date the links businessmen and interests of mining, oil and financial corporations with the companies that exploit the oil in Malvinas, among others: Barrick Gold, Minera Bajo La Alumbrera and Cerro Vanguardia, co-owners of the oil companies Desire Petroleum, Rockhopper Exploration, FOGL and Southern & Borders Petroleum in open violation of law 26,659 (Solanas Law). Added to them are speculative capital such as Barclays banking, shareholder of are oil companies and hired by he Government to negotiate he exchange of debt.

In 2008 , Law 26,386 was issued, preventing fishing companies from operating in the Malvinas obtain or maintain authorizations to fish in the South Atlantic. This did not prevent some companies from violating this law without being sanctioned and everything seems to indicate that, if the Spanish company with American capital IBERCONSA stay with he control of NEW PESCANOVA operator in waters continental Argentinian and in Malvinas, fact that would violate the aforementioned law. In the same year the “location” of the Argentines who fell in the Malvinas began. in he Cemetery of Darwin in rape to the Convention of Geneva ( William Rossi, Sea of the Silver, 3/20/2023 ) and, in 2013 the Argentina and he Committee International of the cross Red subscribe a according to regard.

In 2010, British oil exploration began in the Malvinas and in 2015 the discovery of oil in the Isobel Deep well in the North Basin, about 200 km from the archipelago. By Decree No. 256/2010, obliges to the ships that go to Malvinas to request permission; extent that support the countries of South America (CELAC Declaration); Despite which, more than 700 foreign vessels that fish illegally in Malvinas and/or high seas That repair, assemble and transfer in Uruguayan Ports.

In 2011 the British government created - without consulting Argentina - an “Ecological Sanctuary” of 1.07 million km2 that includes Georgias and Sandwich of the South. The environmentalists they look like ignore that this territory is Argentinian and they continue to demand that Argentina increase the number of Maritime Protected Areas in its waters. A year later, forms a Commission for public knowledge (Rattenbach Report) regarding the performance of the Forces Armed during the Malvinas War.

In 2013 is done in the islands a Referendum illegal on “if they british living in Malvinas wish to preserve their political status” whose result was positive by 99.83%, thus ratifying that the inhabitants are not autonomous nor do they seek Independence, but rather continue to consider themselves British.In 2018, the Swiss resident Marcelo Kohen who later joined the Malvinas Council coordinated by Guillermo Carmona, proposes to the islanders to continue with the current immigration regime and a referendum for them to choose if they wish accompany his plan either continue being British that, of to have occurred -surely- I would repeat it happened in 2013.

In 2016 the Commission on the Limits of the Continental Shelf (CLPC) approves the Argentine report started in 1997 with the creation of COPLA (Law 24,815) which in 2016/17 recommended the approval of 351,633 km2 of platform extended over the claimed total of 1,782,000 km2, understanding that 1,430,367 km2 is find in dispute with Kingdom United, contrary to what which indicated the Beef. 31/49 of the Nations United.

This same year, Chancellor Susana Malcorra agrees on the so-called Foradori-Duncan Pact, ratifying of the Madrid Agreements, which states: "adopt appropriate measures to remove all obstacles that limit the economic growth and sustainable development of the Malvinas Islands" keeping alive the “umbrella formula”. A ruinous agreement for Argentina that in 2023 Chancellor Cafiero cancel without repeal the Madrid Agreements, leaving active - in our opinion - its effects, since it proposes with several points to the United Kingdom to restart negotiations for the sovereignty of the Malvinas, stating that " our country ha sought to collaborate in affairs concrete as flights, activity scientific in the Antarctica either conservation and preservation of resources fishing boats" , is say, the cooperation unilateral that us we have referred; HE « board


topics of mutual interest, which contain at least...» work together to identify new areas of collaboration:

1)   "Resume negotiations on sovereignty." In this state an improbable event, which should begin by discard agreements of Madrid, in special clause 2 of the Agreement of the 10/19/89.

2)    « The air and maritime connectivity of the Malvinas Islands…and the surrounding maritime spaces with the continental territory.An issue that remains valid, since it is not required that flights should be made with Airlines Argentines and to the continent; resulting intolerable and a transfer of sovereignty the flights to other countries.

3)    « Guarantee the interests and way of life of the inhabitants of the Islands in such a way that they favor the development of links cultural, economical, sanitary, educational and others between the Islands Malvinas and he Argentine continental territory. These are all issues included in the Shackleton report; in the policies followed by Lanusse and in the “ fallen ” Pact; and the Argentine note does not indicate the change in the immigration; the filing; investment, etc. the Argentines in the Malvinas.

4)   « 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 Fisheries Pact, resulting unacceptable for the Foreign Ministry to refer to “ use, the conservation and preservation of the resources "Argentine natural vessels" that, coinciding with the Madrid Agreements and according to British statistics, ships Foreigners fish in the Malvinas about 250 thousand tons annually, without the successive Argentine governments date have sanctioned still single ship, despite to the validity of the laws 24,922, 26,386 and 27,564.

5)   " The demilitarization of the areas under sovereignty dispute", omits the demand for the withdrawal of the occupation and exploitation of the 1,639,900 Km2 that the Kingdom United.

And the Note from Chancellor Cafiero stands out, we assume prepared by his Secretary of the Malvinas: " the willingness to give continuity to the bilateral relationship in all areas in which progress has been recorded and in the that HE have raised courses of action in the that No have emerged divergences », is say, leaving of side, the main issues of occupation territorial and exploitation of the resources fishing and hydrocarbons by the United Kingdom in the South Atlantic, among others, where there are divergences, emptying contained the “cancellation” of the Pact.And in this sense, the reviled former President Isabel Perón had more courage that all the presidents of democracy: Given the decision of the United Kingdom to suspend the negotiations and send the mission Shacketon he 1/13/1976 solicitous he withdrawal of the ambassador British in Good Aires and ordered he cannonade of the ship that was sailing without authorization through the Argentine territorial sea, among other actions against the usurper. Today would be to carry forward policies active that are absent.

In 2016 , due to the application of Law 26,386 and after eight years, the Argentine government fined 10 million pesos to the Chilean company EMDEPES, a subsidiary of the Japanese company Nippon Suisan Kaisha (Nissui) with illegal license of the United Kingdom in Malvinas, due to the complaint of the director of PESANTAR Juan Benegas. However, To date, the government ignores current laws and does not apply sanctions to vessels that fish in the Malvinas.This same year, Foreign Minister Malcorra stated that “ the Malvinas Islands are no longer the main issue in the relationship between Good Aires and London ”, leaving sideways, of done, what is prescribed in the National Constitution.

In 2018, Fisheries Agreements were signed with China and Russia during the G20 Summit; countries that fish illegally remotely. A year later, LATAM was approved to make weekly flights to San Pablo and once per month to Córdoba, which implies facilitating the islanders' trade with Brazil and the world, through San Pablo, at the same time as contributing to the logistics and transportation of people and goods. The same year, a tender was held in favor of British companies 18 offshore oil exploitation areas to the companies Shell, BP Exploration Operating Company Limited, Tullow Oil, Equinor and others, without taking into account the prohibitions of Law 26,659. Also This year, through DNU 145, "the owner or owner of a vessel with a fishing permit is empowered to constitute a real right of guarantee regarding their obligations to give sums of money, especially fishing permit whoever is the holder, and/or the authorization and/or the individual capture quota that said permit holds", for which the fishing businessmen could use fishing permits and quotas as collateral, despite the fact that the resources fishing, enabled are proprietary exclusive of State and the businessman, is a mere concessionaire.

In 2019 , 4 multipurpose ocean patrol vessels (OPV) were acquired from France, delivered between 2020 and 2022.There are controversial positions for these purchases since, on the one hand, there are authorized opinions that they understand that could have built in the Argentina to similar worth, generating employment Argentinian, reactivating the national naval industry and preventing the outflow of foreign currency from the country and, on the other, there are those who think that they are not the ships suitable by their capabilities techniques, your limited speed and available weaponry.

In 2020 , the Malvinas Secretariat and the Malvinas National Council were created (Law 27,558), the latter, unusually, without the integration of the Ministry of Defense and composed of several members who were authors intellectuals of the signing of agreements that froze national sovereignty; surely the reason, that there has not been carried forward none action transcendent destined to give compliance to it provided in the Constitution


National. There are no active policies “non-linear, Gral.Paleo would say” and the actions are limited to those known Argentine diplomatic actions from 1965 to date, of unsuccessfully attempting dialogue with London; cooperate unilaterally and seek rhetorical support that, as we have seen, has turned out to be absolutely innocuous for the British. The last example is the recent communiqué of the XXVIII Ibero-American Summit of the heads of State and Government that does not correspond to the logistical support that Brazil, Chile and Uruguay give to Malvinas. That same year, Chancellor Solá suspends joint Fisheries Research with the United Kingdom in the South Atlantic. Law 27,564 passed this year increases penalties for illegal fishing; but it was not applied never to the vessels that fish in the Malvinas. The exit from Brexit by the United Kingdom is finalized, but, Spaniards obtain an extension for the capture of squid, which will continue entering the Union from the Malvinas European no tariffs, while process in Europe, versus the ineffectiveness of the Argentine foreign ministry.

In 2021 , sanctions are announced against oil companies Chrysaor Holdings Ltd and Harbor Energy Plc based in London, and Navitas Petroleum LP based in Israel, associated with companies that operate in the Malvinas without counting the authorization from Argentina. It does not seem that they can have positive results judging by the actions of 2015. The government, enables Equinor to operate off Mar del Plata, halving royalties for exploitation for a term of 20 years. All of this in violation of the Solanas Law (26,659). Within the framework of cooperation unilateral he Secretary Carmona, offers to the Kingdom United “humanitarian flights” that islanders they reject.

The only important actions are the announcements from the Ministry of Defense, such as construction of a polar ship for the Navy at the TANDANOR Shipyard; the construction of the naval helidron at INVAP for control of the South Atlantic; strengthening the Joint Maritime Command for space control maritime and river; the construction of the Argentine Antarctic Military Logistics Pole in the current Naval Base of Ushuaia that includes the relaunch of the Petrel Base, as a gateway to Antarctica to compete with the British bases in Malvinas and Punta Arenas in Chile. Already in 2023 this Ministry would affect three aircraft manufacturing national to the control of the southern area.

In 2022 , the foreignization of the South Atlantic and the appropriation of resources become evident migratory originating of the EEZ and, the foreignization of the industry filed in he continent Argentinian that

« of the total dollars of fishery exports declared in 2022 ( one of the lowest values in the five-year period, there were 434.00 tons worth 1.8 billion U$S ) from the capture in its EEZ, a 70% is in the hands of 20 business groups and 30% of the remaining 174 export companies. Of those 20 groups, 70% are companies with foreign capital and 30% are national companies, and of those companies foreign companies, 70% are companies with Chinese and Spanish capital» ( César Lerena “ The Chinese, Spanish and Spanish states British are made from Argentine fishing", 3/20/2023 ) .There are no policies in the Ministry of Agriculture, Livestock and Fishing; the Secretary of Malvinas either of the Advice National of Malvinas for manage he Atlantic Southwest and peacefully recover the Malvinas.

By Agenda Malvinas


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