Buenos Aires, Monday 10 June 2024
Today marks the 195th anniversary of the creation, by the Government of the Province of Buenos Aires, of the Political and Military Commandancy for the Malvinas Islands and the islands adjacent to Cape Horn.
On 10 June 1829, a Decree was issued which established that: "The Malvinas Islands and the islands adjacent to Cape Horn in the Atlantic sea shall be governed by a Political and Military Commander to be immediately appointed by the Government of the Republic.” Thus, a government structure was created, the control of which was vested in Luis Vernet, who settled in the islands and publicly exercised his authority and jurisdiction.
Having inherited Spain’s titles by virtue of the succession of States, in accordance with the uti possidetis iuri principle, from the beginning of its independence process in 1810, Argentina continuously exercised its rights over the southern archipelagoes located there.
The first governments of the United Provinces took various administrative steps in which they regarded the Malvinas Islands as an integral part of their territory. On 6 November 1820, Argentine Navy Colonel David Jewett took possession of the Malvinas Islands on behalf of the United Provinces of the Río de la Plata and raised the Argentine flag for the first time there. The Argentine Government also enacted legislation and established legal and administrative structures to consolidate the full exercise of its sovereignty, including the promotion of trade activities and the establishment of settlements, which culminated in the creation, on 10 June 1829, of the Political and Military Commandancy for the Malvinas Islands and the islands adjacent to Cape Horn.
However, on 3 January 1833, such effective exercise of sovereignty was interrupted by an act of force carried out in times of peace by the United Kingdom, which illegally occupied the islands and expelled the legitimate Argentine authorities and the existing settlers. This usurpation, which was committed in times of peace and was contrary to the then-applicable international law, disrupted the territorial integrity of Argentina, a situation that was immediately condemned and protested, and to which no Argentine Government has ever consented in over 191 years of history.
Since then, there has been a sovereignty dispute between the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland, as recognized by the United Nations General Assembly through Resolution 2065 (XX), adopted in 1965. In this regard, the United Nations have declared that the way to bring to an end the special and particular colonial situation present in the Question of the Malvinas Islands is finding a peaceful and negotiated solution to the sovereignty dispute between both countries.
In compliance with this resolution, starting in 1966 and for 16 years, both countries conducted negotiations in order to find a solution to the sovereignty dispute. However, despite Argentina’s countless invitations and the calls made by the United Nations, the United Kingdom has systematically refused to resume sovereignty negotiations.
The international community has, for its part, reiterated the need for the prompt resumption of bilateral negotiations, as stated in 10 resolutions of the United Nations General Assembly and in numerous resolutions of the United Nations Special Committee on Decolonization, as well as in several declarations issued by regional and multilateral forums, such as the Organization of American States, the Group of 77 and China, the Southern Common Market (MERCOSUR), the Ibero-American Summits, and the Community of Latin American and Caribbean States (CELAC), among others.
On 4 November 1982, a few months after the end of the South Atlantic conflict, the United Nations General Assembly adopted, by an overwhelming majority, Resolution 37/9 stating that the military conflict neither changed the nature of the sovereignty dispute nor solved it.
In this respect, under the First Temporary Provision of the Argentine Constitution—which sets forth that recovering effective exercise of our sovereignty over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime and insular areas, in accordance with international law and respecting the way of life of the islanders, is a permanent and unrenounceable goal of the Argentine people—the Argentine Government reiterates its willingness to resume sovereignty negotiations with the United Kingdom and proposes advancing a common agenda on areas and issues of mutual interest. The Argentine Government wishes to maintain a mature relationship with the United Kingdom, including substantive and constructive dialogue on all matters of mutual interest, with a view to creating an environment of trust conducive to the resumption of negotiations.
On this important date for the Argentine people, the Argentine Republic once again reaffirms its sovereignty rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, as they are an integral part of its national territory.
