Preamble: On the basis of United Nations Security Council Resolution
502, and the will of the Argentine Republic and of the United Kingdom to
resolve the controversy which has arisen between them, renouncing the use
of force, both Governments agree on the following steps, which form an
integrated whole:
(1) Effective on the signature of this Agreement by both Governments,
there shall be an immediate cessation of hostilities;
(2) Beginning at 0000 hours local time of the day, after the day on
which this Agreement is signed, and pending a definitive settlement, the
Republic of Argentina and the United Kingdom shall not introduce or deploy
forces into the zones (hereinafter "zones"), defined by circles
of 150 nautical miles' radius from the following coordinate points
[described]; Within 24 hours of the date of this Agreement, the United
Kingdom will suspend enforcement of its "zone of exclusion" and
Argentina will suspend operations in the same area; Within 24 hours of the
date of this Agreement, Argentina and the United Kingdom will commence the
withdrawal of their forces in accordance with the following details:
Within seven days from the date of this Agreement, Argentina and the
United Kingdom shall each have withdrawn one-half of their military and
security forces present in the zones on the date of this Agreement,
including related equipment and armaments. Within the same time period,
the United Kingdom naval task force will stand off at a distance
equivalent to seven days' sailing time from any of the coordinate points,
and Argentine forces that have been withdrawn shall be placed in a
condition such that they could not be reinserted with their equipment and
armament in less than seven days. Within fifteen days from the date of
this Agreement, Argentine shall remove all of its remaining forces from
the zones and redeploy them to their usual operating areas or normal
duties. Within the same period the United Kingdom shall likewise remove
all of its remaining forces from the zones and shall redeploy such forces
and the naval task force and submarines to their usual operating areas or
operating duties. In accordance with its letter of acceptance of even
date, the United States shall verify compliance with the provisions of
this paragraph, and the two Governments agree to cooperate fully with the
United States in facilitating this verification;
(3) From the date of this Agreement, the two Governments will initiate
the necessary procedures to terminate simultaneously, and without delay,
the economic and financial measures adopted in connection with the current
controversy, including restrictions to travel, transportation,
communications, and transfers of funds between the two countries. The
United Kingdom at the same time shall request the European Community and
third countries that have adopted similar measures to terminate them;
(4) The United Kingdom and Argentina shall each appoint, and the United
States has indicated its agreement to appoint, a representative to
constitute a Special Interim Authority (hereinafter "the
Authority") which shall verify compliance with the obligations in
this Agreement (with the exception of paragraph 2), and undertake such
other responsibilities as are assigned to it under this Agreement or the
separate Protocol regarding the Authority signed this date. Each
representative may be supported by a staff of not more than ten persons on
the Islands;
(5) Pending a definitive settlement, all decisions, laws and
regulations hereinafter adopted by the local administration on the Islands
shall be submitted to and expeditiously ratified by the Authority, except
in the event that the Authority deems such decisions, laws or regulations
to be inconsistent with the purposes and provisions of this agreement or
its implementation. The traditional local administration shall continue,
except that the Executive and Legislative Councils shall be enlarged to
include: (A) two representatives appointed by the Argentine Government to
serve in the Executive Council; and (B) representatives in each Council of
the Argentine population whose period of residence on the Islands is equal
to that required of others entitled to representation, in proportion to
their population, subject to there being at least one such representative
in each Council. Such representatives of the resident Argentine population
shall be nominated by the Authority. The flags of each of the constituent
members of the Authority shall be flown at its headquarters. Pending a
definitive settlement, neither Government shall take any action that would
be inconsistent with the purpose and provisions of this Agreement or its
implementation;
(6) Pending a definitive settlement, travel, transportation, movement
of persons and, as may be related thereto, residence and ownership and
disposition of property, communications and commerce between the mainland
and the Islands shall, on a non-discriminatory basis, be promoted and
facilitated. The Authority shall propose to the two Governments for
adoption appropriate measures on such matters. Such proposals shall
simultaneously be transmitted to the Executive and Legislative Councils
for their views. The two Governments undertake to respond promptly to such
proposals. The Authority shall monitor the implementation of all such
proposals adopted. These provisions shall in no way prejudice the rights
and guarantees which have heretofore been enjoyed by the inhabitants on
the Islands, in particular rights relating to freedom of opinion,
religion, expression, teaching, movement, property, employment, family,
customs, and cultural ties with countries of origin;
(7) 31 December 1982 will conclude the interim period during which the
two Governments shall complete negotiations on removal of the Islands from
the list of Non-Self-Governing Territories under Chapter XI of the United
Nations Charter and on mutually agreed conditions for their definitive
status, including due regard for the rights of the inhabitants and for the
principles of territorial integrity, in accordance with the purposes and
principles of the United Nations Charter, and in light of the relevant
Resolutions of the United Nations General Assembly. The negotiations
hereabove referred to shall begin within fifteen days of the signature of
the present Agreement;
(8) In order to assist them in bringing their negotiations to a
mutually satisfactory settlement by the date stipulated in the preceding
paragraph, the Authority shall, after consultation with the Executive
Council, make specific proposals and recommendations as early as
practicable to the two Governments, including proposals and
recommendations on: The manner of taking into account the wishes and
interests of the Islanders, insofar as Islands with a settled population
are concerned, based on the results of a sounding of the opinion of the
inhabitants, with respect to such issues relating to the negotiations, and
conducted in such manner, as the Authority may determine; Issues relating
to the development of the resources of the Islands, including
opportunities for joint cooperation and the role of the Falkland Islands
Company; and Such other matters as the two Governments may request,
including possible arrangements for compensation of Islanders, or matters
on which the Authority may wish to comment in light of its experience in
discharging its responsibilities under this Agreement. The Governments
have agreed on this procedure without prejudice to their respective
positions on the legal weight to be accorded such opinion in reaching a
definitive settlement;
(9) Should the Governments nonetheless be unable to conclude the
negotiations by 31 December 1982, the United States has indicated that, on
the request of both Governments, it would be prepared at such time to seek
to resolve the dispute within six months of the date of the request by
making specific proposals for a settlement and by directly conducting
negotiations between the Governments on the basis of procedures that it
shall formulate. The two Governments agree to respond within one month to
any formal proposals or recommendations submitted to them by the United
States;
(10) This Agreement shall enter into force on the date of signature.
Source - 'Tempest in a Teapot' by R. Reginald & Dr Jeffrey M.
Elliot, The Borgo Press, 1983
