Embajada en Alemania

The principle of self-determination does not apply

The specificity of the Malvinas Islands Question lies in the fact that the United Kingdom occupied the islands by force in 1833, expelled the original population and did not allow its return, thus violating Argentine territorial integrity. Therefore, the possibility of applying the principle of self-determination is ruled out, as its exercise by the inhabitants of the islands would cause the "disruption of the national unity and territorial integrity" of Argentina. It is important to note that Resolution 1514 (XV) "Declaration on the granting of independence to colonial countries and peoples" stipulates in paragraph 6 "Any attempt aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations".

The General Assembly of the United Nations included this doctrine in the Malvinas Question - it applies the principle of territorial integrity taking into account the interests and NOT the wishes of the population of the islands - in its resolution 2065 (XX) of 1965 which was reaffirmed by other resolutions in 1973 (3160, XXVIII) 1976 (31/49), 1982 (37/9), 1983 (38/12), 1984 (39/6), 1985 (40/21), 1986 (41/40), 1987 (42/19) y 1988 (43/25). They all declare the existence of a sovereignty dispute and reaffirm the invitation made in resolution 2065 (XX) to the Parties (Argentina and United Kingdom) "to proceed without delay with the negotiations recommended by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples with a view to finding a peaceful solution to the problem, bearing in mind the provisions and objectives of the Charter of the United Nations and of General Assembly Resolution 1514 (XV) and the interests of the population of the Falkland Islands (Malvinas)".

As of 2004, by virtue of a process of revitalisation of the General Assembly, the Argentine government ensured that the Malvinas Islands Question appeared on the permanent agenda and in the Document of the General Assembly Bureau. The topic may be discussed subject to prior notification by a Member State.

 

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