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DOCUMENTS FROM THE 1982 FALKLANDS WAR Argentinian Declaration (reiterating earlier peace
proposal) Peace Proposal presented by the Argentine Republic to the United Nations, and reiterated in a Diplomatic Note to the Department of State of the United States of America 26 May 1982 The Embassy of the Argentine Republic presents its compliments to the Department of State and has the honour to inform, with regard to the proposal of the United Nations Secretary General referring to the conflict over the Islas Malvinas and its dependencies, the position of the Government of the Argentine Republic, which was clearly stated in the proposed Agreement submitted in the course of the negotiations held at the United Nations, which text read as follows: The Government of the Argentine Republic and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as "the Parties", in response to the provisions of Security Council Resolution 502 (1982) of 3 April 1982, and taking into account the Charter of the United Nations, Resolution 1514 (XV), 2065 (XX) and other Resolutions of the General Assembly on the question of the Malvinas (Falkland) Islands, have accepted, in accordance with Article 40 of the Charter of the United Nations, the assistance of the Secretary General of the United Nations and have engaged in negotiations and arrived at the following provisional agreement relating to the Malvinas, South Georgia and South Sandwich Islands, hereinafter referred to as "The Islands" for the purposes of this agreement. Article I (1) The geographical scope of the area within which the withdrawal of troops is to be carried out shall comprise the Malvinas, South Georgia and the South Sandwich Islands; (2) The withdrawal of the forces of both parties shall be gradual and simultaneous. Within a maximum period of thirty days, all armed forces shall be in their normal bases and areas of operation; Article II With effect from the signature of this agreement, each party shall cease to apply the economic measures which it has adopted against the other and the United Kingdom shall call for the same action by those countries or groups of countries which, at its request, adopted similar measures; Article III (1) Supervision of the withdrawal of the forces of both counties shall be carried out by specialised personnel of the United Nations, whose composition shall be agreed with the parties; (2) The Interim Administration of the Islands while the negotiations for final settlement of the dispute are in progress shall conform to the following provisions:- (A) The Administration shall be exclusively the responsibility of the United Nations with an appropriate presence of observers of the parties; (B) The said Administration shall perform all functions (executive, legislative, judicial and security) through officials of different nationality from that of the parties; (C) Notwithstanding the provisions of 2(A) and (B), and in order not to cause unnecessary changes in the way of life of the population during the period of the Interim Administration by the United Nations, local judicial functions may be exercised in accordance with the legislation in force on 1 April 1982 to the full extent compatible with this agreement. Similar, the United Nations Interim Administration may appoint as advisers persons who are members of the population of British origin and Argentines resident in the Islands, in equal numbers; (D) The flag of the parties shall fly together with that of the United Nations; (E) During the period of Interim Administration, communications shall be kept open, without discriminatory restrictions of any kind for the parties, including freedom of movement and equality of access with respect to residence, work and property; (F) Freedom of communication shall also include the maintenance of freedom of transit for the state airline (Lade) and for merchant ships and scientific vessels, in addition, telephone, telegraph and telex communications, Argentine television transmissions and the state petroleum (YPF) and gas services shall continue to operate freely; Article IV The customs, traditions and way of life of the inhabitants of the Islands, and their social and cultural links with their countries of origin, shall be respected and safeguarded; Article V (1) The parties undertake to enter immediately into negotiations in good faith under the auspices of the Secretary-General of the United Nations for the peaceful and final settlement of the dispute and, with a sense of urgency, to complete these negotiations by 31 December 1982, with a single option to extend until 30 June 1983, in order to comply with the Charter of the United Nations, Resolution 1514 (XV), 2065 (XX) and other relevant resolutions of the General Assembly on the question of the Malvinas Islands. These negotiations shall be initiated without prejudice to the rights and claims or positions of the two parties and in recognition of the fact that they have divergent positions on the question of the Malvinas, South Georgia and South Sandwich Islands; (2) The negotiations shall be held in New York; (3) The Secretary-General of the United Nations may be assisted in the negotiations by a contract group composed of representatives of four States members of the United Nations. To that end, each party shall nominate two States and shall have the right of a single veto of one of the States nominated by the other; (4) The Secretary-General of the United Nations shall keep the Security Council assiduously informed of the progress of the negotiations; Article VI If the period specified in V(1) above expires without the attainment of a final agreement, the Secretary-General shall draw up a report addressed to the General Assembly of the United Nations, in order that the latter may determine, as appropriate and with greater urgency, the lines to which the said final agreement should conform in order to achieve a speedy resolution of the question. Note to State Department The Argentine Government, in the light of the position stated in the aforementioned proposed agreement, which reflects the reasonableness which has continuously inspired its negotiating behaviour, deeply regrets that the peace efforts carried out by the United Nations Secretary-General, in which pursuance and final success the Argentine Republic trusted, have been frustrated as a result of the unilateral decision of the British Government announced on 20 May. The real possibilities of reaching a peaceful settlement to the conflict and of avoiding, with the responsibility that the situation demanded, further bloodshed and an imminent breaking of peace and security in the hemisphere, finally proved to be disregarded by the intransigence and stubbornness with which the Government of the United Kingdom has tried to make the use of force prevail over reason and peace. The Government of the Argentine Republic, therefore, formally holds the Government of the United Kingdom of Great Britain and Northern Ireland responsible for the serious consequences which in the future may stem from its denial to exhaust the available means towards a peaceful settlement, and expressly reserves its rights to a legitimate defence recognised by the United Nations Charter. The Embassy of the Argentine Republic avails itself of this opportunity to renew to the Department of State the assurances of its highest consideration. Source - 'Tempest in a Teapot' by R. Reginald & Dr Jeffrey M. Elliot, The Borgo Press, 1983
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Introduction, Brief
History, Timeline, 1982
Articles, 1982
Timeline, 1982 Documents, Articles,
Agreements, UN
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