Resolution 37/9 of the United Nations General Assembly - Resolución 37/9 de la Asamblea General de las Naciones Unidas
Resolution 37/9 of the United Nations General Assembly|
|Affair||Islas Malvinas (Falkland Islands)|
|Date||November 4 , 1982|
|Session no.||55th plenary session|
|Text in Spanish|
|Vote|| For: 90 |
The Resolution 37/9 of the United Nations General Assembly of the 4 of November of 1982 , recognized that the Falklands War , which ended a few months earlier, did not alter the validity or the nature of the dispute over sovereignty of the islands between Argentina and the United Kingdom , which continued to be negotiated and resolved. [ 1 ]
With its victory in the Falklands War , the government of the United Kingdom claimed that the sovereignty dispute was ended in its favor. [ 2 ] Margaret Thatcher , British prime minister since the end of the armed conflict refused to address the issue of sovereignty if it did not conform to the "desires" of the island 's population . Twenty Latin American countries , despite the Argentine defeat, requested that the Malvinas question be included in the Agenda of the 1982 UN General Assembly . Chile, who collaborated with the United Kingdom in the war, was one of the signatories of the draft resolution. It should be noted that during the conflict there was never an official and formal declaration of hostilities. [ 3 ]
Resolution 37/9 was signed four and a half months after the June 14 ceasefire . The resolution took into account the cessation of hostilities in the South Atlantic Ocean and the intention of the two countries not to resume them. He asked the governments of both countries to resume negotiations to peacefully resolve the sovereignty dispute, taking into account the "interests" of the inhabitants of the islands. In addition, it asked the Secretary General of the United Nations , Javier Pérez de Cuéllar , to undertake a "renewed mission of good offices" to assist the two countries in complying with the resolutions. [ 3 ]
For the first time, a draft resolution on the Malvinas question was presented by twenty Latin American countries, instead of just Argentina. The resolution was also to participate because it had the lowest percentage of votes in favor in the history of the organization with 58% of the members. In addition, the support for the recognition of Argentine sovereignty to the islands achieved by the Argentine government in the meetings of the Movement of Non-Aligned Countries was eliminated from the consideration , and as previously stated, for the first time a mission of good offices was entrusted to the Secretary General. The resolution was also the first on the Malvinas issue that had a vote in favor of the United States., a country that had assisted the United Kingdom during the South Atlantic conflict, which had always abstained in the resolutions on Malvinas and which sought to rebuild its ties with Latin America. [ 4 ] [ 2 ]
Results and reactions
The resolution was favorable to Argentina, achieving a diplomatic victory in the international community, which urged to continue with the sovereignty negotiations. In other words, although it was defeated in the war, its titles and rights over the archipelago were not harmed. The sovereignty question was as valid after June 14 as it was before April 2, the date of the Argentine landing on the islands. [ 2 ] [ 5 ]
The United Nations request to resume negotiations was reiterated between 1983 and 1988 in resolutions 38/12, 39/6, 40/21, 42/19 and 43/25, which were based on resolution 37/9. from previous and similar ones. [ 6 ] [ 3 ] Resolution 38/12 November 1983, included in the preamble the phrase "lamenting the lack of progress in fulfilling its resolution 37/9". In addition, in its second article, it states that it takes note of the report of the Secretary General on the implementation of resolution 37/9. [ 7 ] Bilateral relations between Argentina and the United Kingdom were restored in 1989. [ 6 ]
On November 20, 1982, the General Assembly of the Organization of American States (OAS) issued Resolution 595 where it expressed the support of the American countries for resolution 37/9, notifying the United Nations. [ 8 ] On November 17, 1983, the OAS again expressed itself in the same vein as resolution 37/9. [ 3 ]
Despite resolution 37/9 and the support of the United States and the rest of the countries of America , the United Kingdom refused to negotiate, arguing that it was sure of its sovereignty over the islands. [ 9 ] The Washington Post newspaper , after the resolution was signed, published an interview with Margaret Thatcher where she expressed her "disappointment" and surprise at the US vote in favor of Argentina. British Foreign Minister Francis Pym summoned the American ambassador to Londonand he conveyed the "disgust" of his government. The British ambassador to the United Nations, Sir John Thomson, called the resolution "inopportune and inconsiderate." [ 10 ] [ 11 ]
Ambassador Thompson maintained that US support for the resolutions would encourage Argentines to renew pressure on the issue of sovereignty for the islands. He also declared that Argentina was preparing for a "second round" (a new armed conflict over the islands), due to the fact that the military government had initiated a rearmament of its armed forces immediately after the ceasefire. Thatcher once again declared to the press that she was not going to negotiate with Argentina. [ 11 ]
With the return to democracy in Argentina, the new government of Raúl Alfonsín, assumed on December 10, 1983, declared itself willing to begin talks with the United Kingdom to improve its bilateral relations and seek a peaceful solution to the sovereignty dispute of the islands within the framework of General Assembly resolutions 37/9 and 38/12. [ 12 ]
The Resolution had ninety votes in favor, fifty-two abstentions and twelve votes against - among them the United Kingdom, in addition to Antigua and Barbuda, Belize, Dominica, Fiji, Gambia, Solomon Islands, Malawi, New Zealand, Oman, Papua New Guinea and Sri Lanka. [ 6 ]
- Consequences of the Falklands War
- United Nations Security Council Resolution 502
- United Nations Security Council Resolution 505
- Resolution 2065 of the United Nations General Assembly
- Resolution 3160 of the United Nations General Assembly
- Resolution 31/49 of the United Nations General Assembly
- Resolution 37/9 of the United Nations General Assembly (PDF) . United Nations Organization . November 4, 1982.
- Betts Goss, 2013, p. 61-62.
- Tondini, Bruno (2003). chap. III.13.- Subsequent resolutions of the UN and OAS . "Falkland Islands, its history, the war and the economy, and the legal aspects its connection with humanitarian law." Eumed . ISBN 9788469065907 .
- Bologna, Alfredo Bruno. Falklands. What do we vote in the United Nations? » . Rosario Center for International Relations Studies. Archived from the original on March 4, 2016 . Retrieved October 11, 2015 .
- «The war that did not favor Great Britain. Resolution 37/9 » . Argentine time . June 16, 2012.
- "The Question of the Malvinas Islands: Period 1982-1989" . Ministry of Foreign Relations and Worship of the Argentine Republic . Archived from the original on October 16, 2015 . Retrieved September 20, 2015 .
- Back to top"Resolution 38/12 of the United Nations General Assembly" . UN / Embassy of Argentina in London. November 16, 1983.
- “Resolution AG / RES. 595 (OAS) » . dipublico.org . November 20, 1982.
- Gutiérrez Brondolo, 2014 , p. 56-57.
- Gustafson, 1988, p. 179.
- "Anglo-Argentine relations after the Malvinas conflict: June 1982-December 1983" . General History of Foreign Relations of Argentina . Retrieved October 11, 2015 .
- «The situation of Malvinas during the Alfonsín government» . The Falkland Islands . August 7, 2007.
- Betts Goss, Alejandro (2013). Malvinas, National Identity (Second edition). Cordoba City (Argentina) : Editorial Insignia. ISBN 9789872119294 .
- Gustafson, Lowell (1988). The Sovereignty Dispute over the Falkland (Malvinas) Islands. Oxford University Press. ISBN 0-19-504184-4.
- Gutiérrez Brondolo, Ignacio (2014). Malvinas: Argentine Foreign Policy 2003-2011 . Theseus.