Declarations

Articles:

Declarations:

23-08-2023

The Argentine Government has taken notice of notification no. 045, dated August 1, 2023, in which the United Kingdom of Great Britain and Northern Ireland by accepting Jamaica’s accession to the aforementioned Convention, intends to do so also on behalf of the Malvinas Islands.

The Argentine Republic recalls that by means of Notes AE No. 33/98, of May 30, 1998, 47/98, of July 13, 1998 and the declarations of August 4, 2009 and May 13, 2020, it rejected the claim of the United Kingdom to extend the application of the Convention on the Civil Aspects of International Child Abduction to the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which was notified by the United Kingdom of Great Britain and Ireland del Norte, as well as the acts related to the designation of the illegitimate government of Malvinas as the central authority of the Convention.

In addition, it opportunely rejected the acceptance of the accession and entry into force of the Convention for Bulgaria, Costa Rica, El Salvador and the Dominican Republic on behalf of the Malvinas Islands.

On this occasion, the Argentine Republic categorically rejects the current claim of the United Kingdom to accept Jamaica's accession to the Convention on behalf of the Malvinas Islands.

The Government of the Argentine Republic wishes to recall that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime spaces are an integral part of the Argentine national territory and that, being under illegitimate British occupation, they are the subject of a sovereignty dispute between the two countries, which was recognized by Resolution 2065 (XX) and subsequent ones of the United Nations General Assembly and more than 40 resolutions of the Special Committee on Decolonization, as well as by other international organizations.

In this sense, it is recalled that the General Assembly of the United Nations urges the Argentine Republic and the United Kingdom to resume negotiations on sovereignty in order to reach a peaceful and definitive solution.

13-05-2020
(courtesy translation)(original: Spanish)
“… in relation to the notification n° 09/2020 dated 30 April 2020, by which the United Kingdom of Great Britain and Northern Ireland mentions the Malvinas Islands in the acceptance of the accession of the Dominican Republic to the Convention.

The Argentine Republic recalls that by Notes AE N° 33/98 dated 30 May 1998, 47/98 dated 13 July 1998 and the statement of 4 August 2009 it rejected the pretension of the United Kingdom to extend the application of the Convention on the Civil Aspects of International Child Abduction to the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, as notified by the United Kingdom of Great Britain and Northern Ireland, as well as the acts related to the appointment of the illegitimate government of Malvinas as the central authority of the Convention and the acceptance of the accession and entry into force of the Convention for Bulgaria, Costa Rica and El Salvador on behalf of the Malvinas Islands.

In light of such precedents, the Argentine Republic rejects the pretension of the United Kingdom to include the Malvinas Islands in the acceptance of the Dominican Republic's accession to the Convention.

The Government of the Argentine Republic wishes to recall that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine national territory and that, being under illegitimate British occupation are object of a sovereignty dispute between both countries, which is recognized by Resolution 2065 (XX) and subsequent ones of the United Nations General Assembly and more than 40 resolutions of the Special Committee on Decolonization, as well as of other international organizations.

In that sense, it is recalled that the United Nations General Assembly calls upon the Argentine Republic and the United Kingdom to resume negotiations on sovereignty in order to find a peaceful and definitive solution.”

04-08-2009

"...with regard to Notification No. 3/2009, March 6 2009, by which the United Kingdom of Great Britain and Northern Ireland accepts on behalf of the Malvinas Islands, among other territories, the accession of Bulgaria, Costa Rica and El Salvador to the said Convention.

The Argentine Republic recalls that, by Note A.E. No. 33/98, May 30 1998, it rejected the extension of the Convention to Malvinas, South Georgias and South Sandwich Islands, which was notified by the United Kingdom on March 26, 1998. In the same manner, by Note A.E. No. 47/98, July 13 1998, it disowned the appointment of the illegitimate governor as central authority in the Malvinas Islands as well as any other act derived from the illegitimate extension of the said Convention by the United Kingdom.

Taking into account this precedents, the Argentine Government also rejects the acceptance of the accession and entry into force of the said Convention with regard to Bulgaria, Costa Rica and El Salvador made by the United Kingdom on behalf of the Malvinas Islands.

The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine Republic's national territory and that, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, they are subject to a sovereignty dispute between both countries, which is recognized by the United Nations and other international organizations.

In that respect, it recalls that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, where it recognizes the existence of the sovereignty dispute to which the Question of the Malvinas Islands refers and it urges the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find a peaceful and lasting solution to the dispute as soon as possible. In turn, the UN Special Committee on Decolonization has repeatedly urged them to do the same since 1989, most recently through its resolution of 12 June 2008. Furthermore, on 3 June 2008, the General Assembly of the Organization of American States issued a similar decision on this Question.

The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory."

31-05-1998
By Note A.E. No 33/98 dated 31 May 1998, the Embassy of the Argentine Republic transmitted to the depositary a declaration concerning the extension of the application of the Convention by the United Kingdom of Great Britain and Northern Ireland to the Falkland Islands. The Note reads as follows:

"The Embassy of the Argentine Republic presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands - Treaties Division - and has the honour to address the Government of the Netherlands in its capacity of Depositary of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980.

In that respect, the Argentine Republic rejects the extension of the application of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980, to the Malvinas, South Georgia and South Sandwich Islands, notified by the United Kingdom of Great Britain and Northern Ireland to the Government of the Netherlands as Depositary of the Convention.

The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 which recognize the existence of a dispute over sovereignty relating to archipelago, urging the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute through the good offices of the Secretary General of the United Nations, who is to report to the General Assembly on the progress made.

The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia and South Sandwich Islands and its surrounding maritime areas, which form an integral part of its national territory.

The Argentine Government requests the Government of the Netherlands to notify the preceding communication to the Members of the Hague Conference on private international law and signatories and Parties to the above-mentioned Convention.

The Embassy of the Argentine Republic kindly requests the Ministry of Foreign Affairs - Treaties Division - to circulate the preceding communication at the earliest possible convenience. (…)".

By Note No 129 dated 22 July 1998, Her Britannic Majesty's Embassy at The Hague informed the depositary of the following regarding the declaration of the extension of the application of the Convention to the Falkland Islands:

"With reference to the declaration made by the Republic of Argentina rejecting the extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt about its sovereignty over the Falkland Islands (which is the correct title for the territory recognised by the Administering Power), and over South Georgia and the South Sandwich Islands and its consequent right to extend treaties to them."