We don’t need to enshrine Falklands in British law, says minister

The Government has resisted Tory calls for the Falkland islanders’ right to self-determination to be written into a new UK law.

Foreign Office minister Jeremy Browne insisted legislation was unnecessary as he stressed the islanders’ ability to decide their own future was “non- negotiable”.

Mr Browne told MPs he will visit the Falklands in June for an event to commemorate the 30th anniversary of their liberation from Argentinian forces.

Tensions between the UK and Argentina have been heightened as the anniversary approaches, with David Cameron accusing the Buenos Aires administration of “colonialism”.

In a Westminster Hall debate, Mr Browne condemned Argentine attempts to enforce an “economic blockade” on the South Atlantic islands. But he rebuffed the call from Tory MP Guy Opperman for the islanders’ right to determine their own future to be enshrined in UK law.

Mr Browne said new legislation was unnecessary because the United Nations charter and the International Covenant on Civil and Political Rights already covered self-determination.

“It is also, and this point is particularly worth emphasising, written in to the Falkland Islands’ constitution.

“So the British Government already has a legal obligation to uphold both the principle and the practical consequences of self-determination. So we do not see the need to do additional work in this area – that point we believe is clearly established.”

Calling for a self-determination law, Mr Opperman said: “We need to reiterate this House’s united position that the Falkland Islands have our full support in every way. Second, I would wish to see a self-determination law confirming that all overseas territories with a settled population have an unambiguous right to remain British.”

For the almost 3,000 inhabitants of the Falklands, he argued, there was an “overwhelming desire” to remain a British overseas territory, adding: “It is not up to Great Britain to decide on the Falklands’ fate, it is their own right to decide where their sovereignty lies.”

He said he wanted to make it “crystal clear” that Britain regarded Argentina “fundamentally as a potential friend” and it would be positive if there were better trade relations, better harmonised fishing and co-operation on the area’s oil reserves.

On 21 December last year, the Mercosur grouping of countries, which includes Argentina, Uruguay, Brazil and Paraguay, announced it would ban ships sailing under the Falkland Islands flag from docking at their ports.

Mr Opperman said the denying of a recognised international ship carrying a recognised international flag was “contrary to international law” and a protectionist, retrograde step. He added it was petty and done to “increasingly intimidate a civilian population”.

Mr Browne said it was important not to exaggerate the impact of the Argentinians’ actions.

But he added: “The Government has been extremely active in condemning any attempts to erect an economic blockade.

“It is right that we call it what it is – an economic blockade designed to try and hurt the Falkland islanders economically, to disadvantage them, to reduce their standard of living. We have been very clear we regard that as the wrong course of action.

“We want vital trade links to be maintained, we are not in any way complacent about what is happening at the moment. We understand the tactics being adopted by the Argentinian government.”