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Mission - Overview - Departments - Islands Plan
- Constitutional Review - FIDC - FLH
- FCO - RELATIONSHIP
WITH UK Political Comment on Constitutional Development within the Falkland Islands The Future of the Falkland Islands and its People
is the title of an essay by
Bulgarian academic Lyubomir
Ivanov which sets out
to explore the future political and constitutional options open to the
people of the Falkland Islands. The
essay is published together with a collection of related papers by a
diverse number of commentators under the collective title ‘The Future of
the Falkland Islands and its People’ by Double T Publishers (2003).
Contributors include Nora Femenia, webmaster of the Falklands-Malvinas
Forum, and Falklands historian In his foreword to the collection, Legislative Councillor Mike Summers says: “Dr Ivanov has produced a remarkable and interesting piece of work. He has accurately analysed and assessed the current state of political development in the Falkland Islands and the options open to us. There is little doubt that the Falkland Islands will continue to develop at a pace that suits the people, and it is very unlikely that the Falklands would choose, in the foreseeable future, any route other than some form of devolved integration with the United Kingdom. It is interesting to see Dr Ivanov’s comments on the possible position of the Falklands as a bridge between Europe, South America and the Antarctic. It was the late Dr di Tella, one of the most intelligent and free thinking of Argentina’s foreign affairs leaders, who first said to me that he thought the Falklands had a real place in the South West Atlantic. The calming influence of a European power could have a positive effect in an area where Latin temperament predominates; he was half joking and deadly serious. The contrasts and parallels drawn by Dr Ivanov and the distinguished commentators on his paper amply demonstrate the importance of both internal and external self-determination, in developing as well as developed nations. It is an interesting interface where devolution and colonisation meet.” You can read Councillor Summers' 2003 address to the
United Nations Committee on Decolonisation here One of the most useful essays
‘British Overseas Territories: New
Relationships with the UK for the 21st Century’ is by
Mark Sandford, a Research Fellow at The Constitution Unit of University
College, London, the text of which is reproduced in full on this portal.
This essay by Mike Sanford can be read here. In her contribution to the collection, Legislative Councillor Jan Cheek comments: “I agree that with the passage
of time the relevance of the Argentine claim diminishes.
In any case we know that the substance of that claim is dubious.
Surely, in the 21st century, a country should belong to
those who have lived and worked in it for seven and eight generations.
It is also important to emphasise that our forebears had not
displaced an indigenous population because there was none.
Further, I believe that the majority of Falkland Islanders would be
content to co-exist as good neighbours with Argentina.
Unfortunately there is no chance of that happening while they
pursue their claim on our country …..
The author’s ideas on how we may consolidate our position
regarding self-determination and the status of the islands in the future
gives us much food for thought. I
hope my colleagues are studying them carefully.” John Otto Ondawame, a West Papuan resident in Sydney, throws further light on the principle of self-determination when he says: “Self-determination implies the right to independence of peoples in colonies and territories in accordance with Article 73 of the UN Charter. Here two important aspects should be clearly understood. First, self-determination is a dynamic and continuous process. People exercise self-determination when they determine their future in the long run. Therefore, the achievement of self-determination is a step forward on the path to ultimate independence. Second, self-determination has both internal and external dimensions. The internal dimension regulates the relationship between rules and ruled within the community which inhabits a defined territory. While this requires no change of territorial boundaries, the external dimension regulates the relationship between a self-defined territory and the outside world. It converts the community into a distinct political entity, entitled to shape its ties, legal and otherwise, with other political entities, be it the sovereign states, ethnic minority groups or international organisations. Sovereignty is only one of the many forms these ties can take. Consequently, self-determination has a relative meaning, particularly for those people who are still seeking for fundamental political change because each situation is unique with different levels of problem and dimension ….. Dr Ivanov identifies the West Papuan issue as an instance of external self-determination, where the UN failed to guarantee the rights of the West Papuans. Even after the problem was internationalised, the UN and the international community still denied legitimising these rights. The analytical contribution of
Dr Ivanov should have a positive effect due to its ability to garner
international solidarity and support for the issues at hand.
It is exactly global understanding that will ultimately solve
ongoing problems in the Falklands, West Papua, Palestine and elsewhere.
Dr Ivanov makes the readers believe that whatever happens to the
Falklands in the short-term, their principal self-determination will be
successful. Similar hopes
apply to West Papua and other conflict sites.
It is all a matter of time.” Lastly, Dr Noel Cox, Senior Lecturer in Law at the Auckland University of Technology, comments:- “The Falkland Islands is currently a classic Crown colony, with Executive Council and Legislative Council, and a Governor representing the Crown as well as channel of communications to London. The Falkland Islands does not yet have a responsible government. Logically there are three possible next steps – responsible government, associated state status, or independence. Responsible government would see Ministers responsible to the Legislative Council, and the Governor’s responsibilities would be limited to foreign affairs and defence. This would provide the islands with true self-government. Constitutional developments, particularly since 1982, suggest that this may be the next step. It is also consistent with the history of imperial development. Associated statehood…is an arrangement which only operates successfully because of the goodwill of both sides, given the potential for conflict. It might best be seen as a transitional stage towards independence. Independence is a less likely short-term option for the Falkland Islands, given their small size and population – though Nauru, with a population no larger than that of the Falkland Islands, is independent. More importantly, a continued constitutional association with the United Kingdom would be the Falkland Islands’ best guarantee of security. Given the history of Argentine claims to the islands, this guarantee remains vital, however viable independence might be from an economic perspective.” This collection of essays is recommended reading for anyone interested in the debate on self-determination. Our thanks to Dr Ivanov for allowing us to republish material from his book.
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