192 years have passed since the illegitimate British occupation of the Malvina Islands

The international community has reiterated the need to resume bilateral negotiations, as expressed in 10 General Assembly resolutions and in more than 40 resolutions of the UN Special Committee on Decolonization.

3 de January de 2025 11:56

Puerto Luis, the legitimate Argentine presence in the Malvinas until the usurpation of January 3, 1833.

On January 3, 1833 , the Malvina Islands were illegally occupied by British forces who evicted the population and the Argentine authorities legitimately established there, replacing them with British subjects who from then on established restrictive measures to prevent the resettlement of the Argentine people.

This British act of force, contrary to international law and carried out in times of peace without any prior communication or declaration, culminating in the illegal occupation of the Malvinas Islands, was immediately rejected and protested by the Argentine authorities at that time. Since then, all Argentine governments have continuously reaffirmed their legitimate and imprescriptible sovereign rights over the Malvinas, South Georgia and South Sandwich Islands and the corresponding maritime spaces.

The Malvina Islands formed part of the area under the jurisdiction of Spain since the entry into force of the first international instruments that delimited the "New World" in 1492. Between 1767 and 1811 there was a continuous succession of 32 Spanish governors on the islands until, within the framework of the independence process, the first national governments of the United Provinces continued with the exercise of sovereignty and the administration of the Malvina Islands, which they considered an integral part of their territory, inherited from Spain by succession of States according to the principle of uti possidetis iuris of 1810.

On 6 November 1820, Argentine Navy Colonel David Jewett officially took possession of the Malvina Islands on behalf of the United Provinces of the Río de la Plata, raising the Argentine flag for the first time.

The Argentine government also issued regulations and established legal and administrative structures that consolidated the full exercise of its sovereignty, including the promotion of the development of commercial activities and the establishment of a population.

Within this framework, the government of the Province of Buenos Aires created the Political and Military Command of the Malvinas and those adjacent to Cape Horn on June 10, 1829 .

However, on 3 January 1833 , this effective exercise of sovereignty was interrupted by an illegal act of force by the British. Since then, a sovereignty dispute has subsisted between the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland, as recognised by the United Nations General Assembly through resolution 2065 (XX). This resolution, adopted in 1965 without any dissenting votes, enshrines the call by the international community to proceed without delay to bilateral negotiations between Argentina and the United Kingdom that will allow a peaceful solution to the sovereignty dispute, taking into account the interests of the inhabitants of the islands.

In turn, The international community has reiterated the need to resume bilateral negotiations as soon as possible, which was expressed in  10 resolutions of the General Assembly and in more than 40 resolutions of the UN Special Committee on Decolonization and in numerous declarations of regional and multilateral forums such as the OAS, the G77 plus China, MERCOSUR, the Ibero-American Summit, CELAC, SICA, PARLASUR, PARLACEN, the Forum for Cooperation between South America and Africa (ASA) and the Summit of Countries  Arabs - South America (ASPA).

The British refusal to fulfil its obligation to resolve the dispute by peaceful means and to put an end to colonialism in all its forms is aggravated by the continued introduction of unilateral acts by the United Kingdom. These actions include the exploration and exploitation of renewable and non-renewable natural resources, which Argentina has consistently rejected.

The United Kingdom also maintains an unjustified and disproportionate military presence on the islands, with which it regularly carries out manoeuvres and exercises, since Argentina does not represent any threat to the United Kingdom.

As part of British militarisation in the South Atlantic, the UK has introduced third-party security forces into the islands, which Argentina has strongly protested as it constitutes a deliberate departure from the calls of numerous resolutions of the United Nations and other international bodies.

All these unilateral British actions are contrary to resolution 31/49 of the United Nations General Assembly and have given rise to many expressions of concern and rejection by the international community.

On the other hand, the British military presence in particular also contradicts General Assembly resolution 41/11 (Zone of Peace and Cooperation in the South Atlantic) which, among other provisions, calls upon States of all other regions, in particular militarily important States, to scrupulously respect the South Atlantic region as a zone of peace and cooperation, in particular by reducing and possibly eliminating their military presence in that region.

Argentina notes with concern that restrictive immigration policies are still being exercised at discretion, limiting the possibility of establishing residence, acquiring land, obtaining employment or starting commercial or professional activities in the Malvinas Islands, particularly with respect to Argentines coming from the mainland.

 

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