The Falklands / The Malvinas - (again?)

[Data-Lynx]

"I couldn't give a FIG"

Chavez will not expend a bullet outside his border, but fuelled by political and media interests, this flurry is going to be awkward so it is worth a closer check on the detail. For shipping, Article 1 of Argentine Decree 256/2010 states:

To every ship or vessel intending to transit between ports located on the Argentine mainland and ports located in the Falkland Islands, South Georgia and South Sandwich, or go through Argentine waters toward the latter, and / or loading goods to be transported directly or indirectly between these ports, you must request prior authorization by the competent national authority.

Whereas, the United Nations Convention on the Law of the Sea (UNCLOS) Part II, Article 24 on Duties of the Coastal State requires:

1. The Coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention. In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not:

(a) impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage; or

(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or on behalf of any State.

However, The Danish-owned and Manx registered MV Thor Leader was banned from Argentine ports. Greek and Swedish shipping sources are quoting a vessel which was due to load in Argentina, following a call at Port Stanley, and was unable to go ahead with her intended operation as it was banned from taking bunkers in Argentine waters. It was also subjected to a thorough port state control inspection which delayed departure. They are advising their members intending to trade in this area to contact local agents or correspondents to ascertain the situation in advance.

Meanwhile, the tug Maersk Traveller and the aging Ocean Guardian semi-submersible drilling rig should be in the Northern Basin and preparing to drill this week.

Oil rig security is a civil matter with the Royal Falkland Island Police (RFIP) at the the front. So if this is not to be military business, who does Cristina Kirchner task to monitor and enforce decree 256? The Prefectura Naval Argentina (PNA) is under the Ministerio de Justicia, Seguridad y Derechos Humanos, to conduct maritime policing, port security, shipping control, navigation security, border control, fishery protection, life-saving, navigational aids maintenance, coast guard and patrol of the sea frontiers in search of smugglers. While this force has useful capabilities in the event of a conflict and it has been attached directly to the Navy a number of times during its existence, it is a civil organisation. Its aircraft are here and the PNA can call on the Agrupación Albatros.

This is first and foremost a challenge for the Falkland Island Government (FIG) and particularly the FIG Legislative Assembly who are committed islanders, many with long memories and some with active service behind them. In their latest statement, they recorded that any potential revenues from exploitation will not feature in the Islands’ economic planning unless and until commercially viable reserves are discovered. The Falklands are not an oil producer now and holds no proven reserves, so far; Stanley is not Sullom Voe. HM's representative is Alan Huckle as the Governor of the Falkland Islands and Commissioner for South Georgia and the South Sandwich Islands (since 2006). He has been the Commissioner of the British Indian Ocean Territory and Commissioner of the British Antarctic Territory.

There is plenty that is unhelpful, but none of it is military posturing. Foreign Minister Jorge Taiana said Argentina “seeks to have a diplomatic, peaceful dialogue” with Great Britain, and asked for London to join in discussions regarding the Falklands/Malvinas Islands sovereignty to “finally end this anachronistic colonial situation.”

Mercopress reported "The operation which includes giving the Argentines part of the sophisticated avionics of the Super Etendard Modernized (SEM) model would take place in 2015 when the French Navy will de decommissioning their air fleet to be replaced by the new Rafale."

Labour's Quentin Davies is firmly on the fence about HMS ENDURANCE with no final decisions on whether to repair or replace it.

You could also ask UK ally Uruguay about the Argentine handling in the International Court of Justice (ICJ) concerning their Pulp Mill dispute.

This is complicated, messy, political, very public and involves lots of gestures. May I commend we sit tight and consider the saying "I couldn't give a fig" which is based on the Spanish 'fico' (fig). This gave its name to a traditional gesture of contempt made by placing the thumb between the first and second fingers. The gesture was common in Shakespeare's time and was known as The Fig of Spain. The modern-day UK equivalent used to be the "V" sign.