Joint Statement of Confidence-Building Measures, including an Information and Consultation System and Safety Measures for Air and Maritime Navigation

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Country/entity: Argentina
United Kingdom
Region: Americas
Europe and Eurasia
Agreement name: Joint Statement of Confidence-Building Measures, including an Information and Consultation System and Safety Measures for Air and Maritime Navigation
Date: 15 Feb 1990
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Falklands War (1982)
The Falklands War was a manifestation of the Falklands Islands sovereignty dispute going back to the 16th Century. The Islands have been a British Crown Colony since 1841. The 10-week war began when Argentina seized the South Georgia and the South Sandwich Islands eventually taking the Falklands on April 2. The British hastily sent a taskforce in response and defeated the Argentine military on June 14. Neither side officially declared war during the incident, but both accepted that the area was in a ‘state of war’. The Argentine surrender spurred popular demonstrations against the military junta there. Causalities included 255 British soldiers, 649 Argentine soldiers and 3 civilians. Argentina continues to claim sovereignty over the islands, although the majority of Falkland Islanders – the descendants of British settlers from the 19th Century – are overwhelmingly, at 99.8% in a 2013 referendum, in support of continued status of remaining a British Overseas Territory.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: Argentina-UK: Falklands process
Parties: Joint statement, not signed, agreement mentions the following parties having produced and agreed to it: [The text of the Joint Statement was agreed by the British and Argentine Delegations at Madrid on 15 February 1990 after two days of negotiation.]
Third parties: -
Description: Joint Statement toward normalization of relations between the two parties; re-establishes diplomatic relations; established framework for reaching future agreement (communication links, air and maritime operations, facilitation of visits to cemetery by close relatives, visas, environment, drugs); British government to lift protection zone around the islands. The core issues it covers are communication mechanisms, military, humanitarian (access to the cemetery) and investment issues.

Agreement document: AR UK_900215_ Joint British-Argentine Statement on the Reestablishment of Diplomatic Relations.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 3, 10: Both delegations expressed their agreement to a visit to the cemetery on the Falkland Islands (Islas Malvinas) by close relatives of Argentine nationals buried there. The visit — based on humanitarian considerations — will take place under the auspices of the International Committee of the Red Cross (ICRC). Both Governments will seek the good offices of the ICRC and agree, through diplomatic channels, on the arrangements for and timing of the visit.

Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
We look forward to a new chapter in Anglo-Argentine relations: to the re-establishment of cultural relations, co¬operation in fighting drugs and on environmental issues and an agreement to promote and protect investment. We have also undertaken to facilitate a visit by Argentine next-of-kin to their military cemetery on the Falklands under the supervision of the International Committee of the Red Cross.
[...]

State definition

Nature of state (general): Page 2, 2: Both delegations reaffirmed that the formula on sovereignty over the Falkland Islands (Islas Malvinas), South Georgia and the South Sandwich Islands and the surrounding maritime areas, recorded in paragraph 2 of the Joint Statement of 19 October 1989, applied to this meeting and its consequences.

Page 11: Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons
[...]
The normalisation of relations with Argentina has been achieved without discussion of sovereignty over the Falklands. The Government's determination to defend the Islanders' right to determine their own future remains firm.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2-3, 5:
Both Governments approved with satisfaction the final report of the "British-Argentine Working Group about measures to build confidence and avoid incidents in the military sphere" and decided, under the terms of the formula on sovereignty referred to in paragraph 2 of this Joint Statement, the following:
a) To establish an "Interim reciprocal information and consultation system" for movements of units of their armed forces in areas of the South West Atlantic. The aims of this system are to increase confidence between the United Kingdom and Argentina and to contribute to achieving a more normal situation in the region without unnecessary delay. (The text of this agreement is included as Annex I to this Joint Statement.)
b) To establish a direct communication link between the Falkland Islands (Islas Malvinas) and the mainland in order to reduce the possibility of incidents, to limit their consequences in the case of occurrence, and to increase common knowledge of military activities in the South West Atlantic. (See Annex I.)
c) To agree on a set of rules of reciprocal behaviour for naval and air units of their armed forces when operating in proximity. (See Annex II.)
d) To agree on a mechanism for emergencies aimed at facilitating air and maritime search and rescue operations in the South-West Atlantic. (See Annex III.)
e) To establish a system of exchange of information on the safety and control of air and maritime navigation. (See Annex IV.)
f) To continue bilateral consideration of these matters and to review the measures agreed upon within one year from their coming into force.

Page 5, Annex I, Interim Reciprocal Information and Consultation System:
Both parties agree to establish an Interim Reciprocal Information and Consultation System for movement of units of their Armed Forces in areas of the South West Atlantic. The aims of this system are to increase confidence between Argentina and the United Kingdom and to contribute to achieving a more normal situation in the region without unnecessary delay. The system consists of the following provisions:
I. Direct Communication Link
A. A direct communication link will be established between the respective military authorities –under the supervision of both Foreign Ministries — in order to:
− reduce the possibility of incidents and limit their consequences if they should occur;
− increase common knowledge of activities in the South West Atlantic
[...]

Page 6, Annex I, Interim Reciprocal Information and Consultation System: III. Reciprocal Information about Military Movements:
1. Reciprocal written information will be provided through diplomatic channels, not less than 25 days in advance, about:
A. Movements of naval forces involving four or more ships;
B. Movements of aerial forces involving four or more aircraft;
C. Exercises involving more than 1,000 men or more than 20 sorties by aircraft;
D. Amphibious or airborne exercises involving more than 500 men or more than 20 sorties by aircraft. The main application of this measure are:
For British Forces: the area south of parallel 40 S, west of meridian 20 W and north of 60 S.
For Argentine Forces: within rhumb lines joining the following geographical coordinates in the specified order: 46S 63W, 505 63W, 505 64W, 53S 64W, 53S 63W, 60S 63W, 60S 20W, 46S 20W, 46S 63W
Each party will accept the presence of an observer ship from the other party in the vicinity of naval forces involving four or more ships engaged in manoeuvres within the relevant area of application.
2. Reciprocal notification of identity, intended track and purpose will be given, not less than 48 hours in advance, of a ship or an aircraft that intends to approach closer to coasts than 50 miles by sea or 70 miles by air.
When specific movements of the kind described in this paragraph are intended to be carried out by combatant units and might cause political or military difficulty to the Argentine Government or to the British Government, the notifying party will be informed immediately and mutual agreement will be necessary to proceed.

Page 8, Annex II, Safety Measures for Naval and Air Units when Operating in Proximity:
When operating in proximity, Naval and Air units of the parties will comply with the following general regulations and rules:
a) Naval and Air units of the parties shall avoid any movement or action that might be interpreted as a hostile act or an act carried out with hostile intent.
b) Naval units of the parties shall manoeuvre in a manner that clearly shows their intentions and shall strictly observe the letter and spirit of the international regulations for preventing collisions at sea of 1972.
c) Air units shall use the greatest caution and prudence when manoeuvring in proximity to units of the other party, in order to contribute to safety and avoid mutual interference.
d) Naval and Air units of the parties shall not simulate attacks nor aim guns, missile launchers, torpedo tubes, other weapons or fire control radars in the direction of units of the other party.
e) Naval and Air units of the parties shall not launch any object in the direction of passing ships or aircraft of the other party, nor use searchlights or other powerful illumination devices to illuminate their navigation bridges.
f) Naval and Air units of the parties operating in proximity shall avoid the darkening of lights and, in this respect, shall comply with the International Regulations for Preventing Collisions at Sea of 1972 and the provisions of Annex VI of the Convention on International Civil Aviation of 1944.
g) On no account shall the communication and detection systems of units of the other party be interfered with or disrupted.
h) A prompt exchange of information shall be conducted in the event of any occurrence which might cause concern to the other party.

Page 9, Annex III, Maritime and Air Search and Rescue:
When communication or co-ordination is required in relation to maritime and air search and rescue (SAR), the following procedures will apply:
a) The headquarters of the British Forces in the Falkland Islands (Islas Malvinas) shall inform the regional SAR Co-ordination Centres of the Southwest Atlantic Area:
Maritime SAR — Ushaia Maritime SAR Co-ordination Centre
Air SAR — Comodoro Rivadavia Air SAR Co-ordination Centre
b) Maritime SAR operations shall be conducted in accordance with the SAR manual of the International Maritime Organisation and the SAR manual for Merchant Ships. Air SAR operations shall be conducted in accordance with the provisions of Annex XII to the Convention on International Civil Aviation and its amendments.
c) In the event that joint participation in a SAR incident becomes necessary, the headquarters of the British Forces in the Falkland Islands (Islas Malvinas) and the appropriate Argentine SAR Co-ordination Centre will co-ordinate their activities.

Page 10, Annex IV, Safety of Navigation
1. The parties will exchange all relevant information so that Argentina, the Regional Co-ordinator of Navarea VI, as defined by the International Maritime Organisation, may issue the appropriate notices to mariners for that area.
2. In order to enhance flight safety, the parties agreed:
a) to facilitate the operation of Argentine Flight Information Centres by supplying the information necessary for Argentina to provide the Air Traffic Control, Warning, Search and Rescue, Communication and Meteorological Services within the Argentine Flight Information Regions (FIR);
b) to exchange information between the Falkland Islands (Islas Malvinas) and Comodoro Rivadavia (CRV) Flight Information Centre for identification of aircraft in flight in the FIRS, in particular on flights in the vicinity of coastal areas;
c) to respond positively in an emergency to requests to provide alternative landing facilities at their airfields for each other's aircraft and aircraft of third parties; and
d) to exchange aeronautical information about airfields of both parties (navigation, approach and surface facilities).
Protection measures: Rights related issues→Protection measures→Other
Page 3,
12. Both Governments, recognising that the promotion and reciprocal protection of investments should encourage private initiative and increase prosperity in both states, agreed to begin, through diplomatic channels, the negotiation of an Investment Promotion and Protection Agreement.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: Page 3, 7: Both delegations expressed the satisfaction of their Governments with the report of the Working Group on fisheries which met in Paris on 18 and 19 December 1989. It was agreed that both Governments should proceed — through their respective Foreign Ministries — to exchange available information on the operations of the fishing fleets, appropriate catch and effort statistics and analyses of the status of the stocks of the most significant off-shore species in the maritime area of the Atlantic Ocean between latitude 45 degrees S and latitude 60 degrees S. They also agreed to assess jointly such information, and to explore bilaterally the possibilities for co-operation and conservation.

Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
The Governor has briefed Falkland Islands councillors on the results of these talks. We believe that the reduction in tension, the removal of obstacles to air and sea links between the Islands and South America, and the opportunity for talks on fish conservation will be welcome in the islands.
[...]
International funds: No specific mention.
Business: Page 3, 9: Both delegations considered the situation regarding contacts between the Falkland Islands (Islas Malvinas) and the mainland and agreed to continue considering this matter. The British delegation recognised the Argentine readiness to facilitate communications and trading opportunities between the Islands and the mainland.

Page 3, 12: Both Governments, recognising that the promotion and reciprocal protection of investments should encourage private initiative and increase prosperity in both states, agreed to begin, through diplomatic channels, the negotiation of an Investment Promotion and Protection Agreement.

Page 4, 16:
Both delegations, noting the importance of current international trends towards greater political and economic interdependence and integration, agreed to consult through diplomatic channels on these trends, particularly those concerning the European Community and Latin America.

Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
We look forward to a new chapter in Anglo-Argentine relations: to the re-establishment of cultural relations, co¬operation in fighting drugs and on environmental issues and an agreement to promote and protect investment. We have also undertaken to facilitate a visit by Argentine next-of-kin to their military cemetery on the Falklands under the supervision of the International Committee of the Red Cross.
[...]
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 3, 14: Both Governments, conscious of the need to increase efforts to protect the environment, will work to ensure bilateral consultation and co-operation, including within the international institutions.

Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
We look forward to a new chapter in Anglo-Argentine relations: to the re-establishment of cultural relations, co¬operation in fighting drugs and on environmental issues and an agreement to promote and protect investment. We have also undertaken to facilitate a visit by Argentine next-of-kin to their military cemetery on the Falklands under the supervision of the International Committee of the Red Cross.
[...]
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2-3, 5:
Both Governments approved with satisfaction the final report of the "British-Argentine Working Group about measures to build confidence and avoid incidents in the military sphere" and decided, under the terms of the formula on sovereignty referred to in paragraph 2 of this Joint Statement, the following:
a) To establish an "Interim reciprocal information and consultation system" for movements of units of their armed forces in areas of the South West Atlantic. The aims of this system are to increase confidence between the United Kingdom and Argentina and to contribute to achieving a more normal situation in the region without unnecessary delay. (The text of this agreement is included as Annex I to this Joint Statement.)
b) To establish a direct communication link between the Falkland Islands (Islas Malvinas) and the mainland in order to reduce the possibility of incidents, to limit their consequences in the case of occurrence, and to increase common knowledge of military activities in the South West Atlantic. (See Annex I.)
c) To agree on a set of rules of reciprocal behaviour for naval and air units of their armed forces when operating in proximity. (See Annex II.)
d) To agree on a mechanism for emergencies aimed at facilitating air and maritime search and rescue operations in the South-West Atlantic. (See Annex III.)
e) To establish a system of exchange of information on the safety and control of air and maritime navigation. (See Annex IV.)
f) To continue bilateral consideration of these matters and to review the measures agreed upon within one year from their coming into force.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
Both Government have agreed on a series of measures to increase confidence in the region. These include: the establishment of a direct military communications link between the British Forces in the Falkland Islands and Argentina; the introduction of rules of reciprocal behaviour for naval and air units operating in proximity; measures to facilitate air and maritime safety and navigation; notification of military manoeuvres and exercises in a large area of the South Atlantic; and mutual notification for military aircraft and naval vessels approaching the coasts of the Falklands or Argentina. Each Government retain the right, if they believe it necessary, to withhold agreement to movements which have been notified and which would come within 70 nautical miles (for aircraft) or 50 nautical miles (for ships) of their coasts.
[...]
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: Page 4, 15: Both Governments, recognising the threat which illicit drugs and drug abuse have created for all countries, agreed to explore ways of collaborating in this field, including exchanges of information, control of trafficking and an agreement to trace, freeze and confiscate the proceeds of drug trafficking. The Argentine delegation announced that its Government would be represented at the world conference on "Demand Reduction and the Cocaine Threat" to be held in London in April 1990.

Page 11, Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons:
[...]
We look forward to a new chapter in Anglo-Argentine relations: to the re-establishment of cultural relations, co¬operation in fighting drugs and on environmental issues and an agreement to promote and protect investment. We have also undertaken to facilitate a visit by Argentine next-of-kin to their military cemetery on the Falklands under the supervision of the International Committee of the Red Cross.
[...]
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Page 4, 17: It was agreed that both Governments would jointly send the text of the present statement and its annexes to the Secretary General of the United Nations for distribution as an official document of the General Assembly, under Item 35 of the Agenda of the 44th regular session, and of the Security Council. The United Kingdom will transmit this Joint Statement to the Presidency and Commission of the European Community, and the Government of Argentina will do likewise to the Organisation of American States.
Other international signatory: Page 4, 17: It was agreed that both Governments would jointly send the text of the present statement and its annexes to the Secretary General of the United Nations for distribution as an official document of the General Assembly, under Item 35 of the Agenda of the 44th regular session, and of the Security Council. The United Kingdom will transmit this Joint Statement to the Presidency and Commission of the European Community, and the Government of Argentina will do likewise to the Organisation of American States.

Page 4, 18: In conclusion, both delegations expressed their thanks to the Spanish Government for its generous hospitality and support.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2-3, 5:
[...]
a) To establish an "Interim reciprocal information and consultation system" for movements of units of their armed forces in areas of the South West Atlantic. The aims of this system are to increase confidence between the United Kingdom and Argentina and to contribute to achieving a more normal situation in the region without unnecessary delay. (The text of this agreement is included as Annex I to this Joint Statement.)
[...]
f) To continue bilateral consideration of these matters and to review the measures agreed upon within one year from their coming into force.

Page 3, 8: Both Governments decided to set up a Working Group on South Atlantic Affairs with the mandate to continue consideration of the issues entrusted to the two working groups mentioned in paragraphs 5 and 7 of this Joint Statement. The Working Group will meet as frequently as the parties consider necessary; its first meeting will be held within one year of the date of this Joint Statement.
Related cases: No specific mention.
Source: Crown copyright: www.parliament.the-stationary-office.gov.uk

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

INTRODUCTION - Text - Annex 1 - Annex 2 - Annex 3 - Annex 4 - UK Statement

Joint Statement issued on behalf of the Governments of the United Kingdom and Argentina at Madrid on

15 February 1990

The text of the Joint Statement was agreed by the British and Argentine Delegations at Madrid on 15 February 1990 after two days of negotiation.

It followed the previous Joint Statement agreed by the British and Argentine Delegations at Madrid on 19 October 1989, which established the 'sovereignty umbrella' whereby the two Governments agreed to put to one side their respective sovereignty claims over the Falkland Islands, South Georgia and the South Sandwich Islands so that they could hold further talks on matters of mutual interest.

In the 1989 Joint Statement, the two Governments also agreed to re-establish consular links, abolish visa requirements for visits by each other's nationals, and approve a visit organised under the auspices of the International Committee of the Red Cross by next-of-kin to the Argentine cemetery in the Falkland Islands.

Attached to the 1990 Joint Statement are four annexes covering areas of mutual interest to the two Governments:-

Annex I Interim Reciprocal Information and Consultation System

Annex II Safety Measures for Naval and Air Units when Operating in Proximity

Annex III Maritime and Air Search and Rescue

Annex IV Safety of Navigation

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - TEXT - Annex 1 - Annex 2 - Annex 3 - Annex 4 - UK Statement

1. Delegations of the British and Argentine Governments, as agreed at their meeting in Madrid in October 1989, met again in Madrid on 14 and 15 February 1990.

The British delegation was led by Sir Crispin Tickell, United Kingdom Permanent Representative to the United Nations, and the Argentine delegation by Ambassador Lucio Garcia del Solar, Special Representative of the Government of Argentina.

2. Both delegations reaffirmed that the formula on sovereignty over the Falkland Islands (Islas Malvinas), South Georgia and the South Sandwich Islands and the surrounding maritime areas, recorded in paragraph 2 of the Joint Statement of 19 October 1989, applied to this meeting and its consequences.

3. Both Governments, wishing to develop further friendship and co-operation between their two peoples, agreed to re-establish diplomatic relations following notification of the Protecting Powers.

Embassies will be reopened shortly and Ambassadors appointed in accordance with international practice.

4. The British delegation announced the decision of the British Government to lift the Protection Zone established around the Falkland Islands (Islas Malvinas).

5. Both Governments approved with satisfaction the final report of the "British-Argentine Working Group about measures to build confidence and avoid incidents in the military sphere" and decided, under the terms of the formula on sovereignty referred to in paragraph 2 of this Joint Statement, the following:

a) To establish an "Interim reciprocal information and consultation system" for movements of units of their armed forces in areas of the South West Atlantic.

The aims of this system are to increase confidence between the United Kingdom and Argentina and to contribute to achieving a more normal situation in the region without unnecessary delay. (

The text of this agreement is included as Annex I to this Joint Statement.)

b) To establish a direct communication link between the Falkland Islands (Islas Malvinas) and the mainland in order to reduce the possibility of incidents, to limit their consequences in the case of occurrence, and to increase common knowledge of military activities in the South West Atlantic. (

See Annex I.)

c) To agree on a set of rules of reciprocal behaviour for naval and air units of their armed forces when operating in proximity. (

See Annex II.)

d) To agree on a mechanism for emergencies aimed at facilitating air and maritime search and rescue operations in the South-West Atlantic. (

See Annex III.)

e) To establish a system of exchange of information on the safety and control of air and maritime navigation. (

See Annex IV.)

f) To continue bilateral consideration of these matters and to review the measures agreed upon within one year from their coming into force.

6. The agreements described in paragraph 5 will enter into force on the 31st of March 1990.

On the same day the decision mentioned in paragraph 4 will be implemented.

7. Both delegations expressed the satisfaction of their Governments with the report of the Working Group on fisheries which met in Paris on 18 and 19 December 1989.

It was agreed that both Governments should proceed — through their respective Foreign Ministries — to exchange available information on the operations of the fishing fleets, appropriate catch and effort statistics and analyses of the status of the stocks of the most significant off-shore species in the maritime area of the Atlantic Ocean between latitude 45 degrees S and latitude 60 degrees S. They also agreed to assess jointly such information, and to explore bilaterally the possibilities for co-operation and conservation.

8. Both Governments decided to set up a Working Group on South Atlantic Affairs with the mandate to continue consideration of the issues entrusted to the two working groups mentioned in paragraphs 5 and 7 of this Joint Statement.

The Working Group will meet as frequently as the parties consider necessary;

its first meeting will be held within one year of the date of this Joint Statement.

9. Both delegations considered the situation regarding contacts between the Falkland Islands (Islas Malvinas) and the mainland and agreed to continue considering this matter.

The British delegation recognised the Argentine readiness to facilitate communications and trading opportunities between the Islands and the mainland.

10. Both delegations expressed their agreement to a visit to the cemetery on the Falkland Islands (Islas Malvinas) by close relatives of Argentine nationals buried there.

The visit — based on humanitarian considerations — will take place under the auspices of the International Committee of the Red Cross (ICRC).

Both Governments will seek the good offices of the ICRC and agree, through diplomatic channels, on the arrangements for and timing of the visit.

11. Both delegations agreed that the feasibility and desirability of a general co-operation agreement should be examined through diplomatic channels.

12. Both Governments, recognising that the promotion and reciprocal protection of investments should encourage private initiative and increase prosperity in both states, agreed to begin, through diplomatic channels, the negotiation of an Investment Promotion and Protection Agreement.

13. Both delegations agreed that it would be appropriate to abolish the requirement for visas for nationals of each country wishing to visit the other.

This measure would become effective once negotiations had been concluded through diplomatic channels.

14. Both Governments, conscious of the need to increase efforts to protect the environment, will work to ensure bilateral consultation and co-operation, including within the international institutions.

15. Both Governments, recognising the threat which illicit drugs and drug abuse have created for all countries, agreed to explore ways of collaborating in this field, including exchanges of information, control of trafficking and an agreement to trace, freeze and confiscate the proceeds of drug trafficking.

The Argentine delegation announced that its Government would be represented at the world conference on "Demand Reduction and the Cocaine Threat" to be held in London in April 1990.

16. Both delegations, noting the importance of current international trends towards greater political and economic interdependence and integration, agreed to consult through diplomatic channels on these trends, particularly those concerning the European Community and Latin America.

17. It was agreed that both Governments would jointly send the text of the present statement and its annexes to the Secretary General of the United Nations for distribution as an official document of the General Assembly, under Item 35 of the Agenda of the 44th regular session, and of the Security Council.

The United Kingdom will transmit this Joint Statement to the Presidency and Commission of the European Community, and the Government of Argentina will do likewise to the Organisation of American States.

18. In conclusion, both delegations expressed their thanks to the Spanish Government for its generous hospitality and support.

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - Text - ANNEX 1 - Annex 2 - Annex 3 - Annex 4 - UK Statement

Annex I — Interim Reciprocal Information and Consultation System

Both parties agree to establish an Interim Reciprocal Information and Consultation System for movement of units of their Armed Forces in areas of the South West Atlantic.

The aims of this system are to increase confidence between Argentina and the United Kingdom and to contribute to achieving a more normal situation in the region without unnecessary delay.

The system consists of the following provisions:

I. Direct Communication Link

A. A direct communication link will be established between the respective military authorities –under the supervision of both Foreign Ministries — in order to:

reduce the possibility of incidents and limit their consequences if they should occur;

increase common knowledge of activities in the South West Atlantic

B. The respective military authorities will be:

British Authority:

Commander British Forces Falkland Islands (Malvinas) Argentine Naval Authority:

Commandante del Area Naval Austral (Ushuaia) Argentine Air Authority:

Jefe de la Novena Brigada Aerea (Comodoro Rivadavia)

C. It is agreed to establish a direct radio link between the respective authorities which will include voice and/or telex transmissions.

The link will be manned on a 24 hour basis and will be tested at least once a week.

Technical information relating to equipment, frequencies and modalities of use will be exchanged through diplomatic channels.

D. It is agreed to establish a communications plan for radio links between units and stations of the parties.

Technical information will be exchanged through diplomatic channels.

II. Definition of Units

A. Ship:

Any ship belonging to the naval forces of the parties bearing the external marks distinguishing warships of its nationality, under the command of an officer duly commissioned by the government and whose name appears in the naval list, and manned by a crew who are under regular naval discipline, and British Fleet Auxiliaries.

B. Aircraft:

Any aircraft belonging to the Armed Forces of the parties, manned by a military crew who are under regular Armed Forces discipline.

C. Combatant Units:

Any ship or aircraft equipped with weapons systems or means of offensive power or offensive projection capabilities (naval examples:

aircraft carriers, cruisers, destroyers, frigates, corvettes, submarines, fast patrol boats, amphibious ships or ships carrying troops;

aircraft examples:

strike aircraft, fighters, bombers, missile or troop-carrying aircraft).

III. Reciprocal Information about Military Movements

1. Reciprocal written information will be provided through diplomatic channels, not less than 25 days in advance, about:

A. Movements of naval forces involving four or more ships;

B. Movements of aerial forces involving four or more aircraft;

C. Exercises involving more than 1,000 men or more than 20 sorties by aircraft;

D. Amphibious or airborne exercises involving more than 500 men or more than 20 sorties by aircraft.

The main application of this measure are:

For British Forces:

the area south of parallel 40 S, west of meridian 20 W and north of 60 S.

For Argentine Forces:

within rhumb lines joining the following geographical coordinates in the specified order:

46S 63W, 505 63W, 505 64W, 53S 64W, 53S 63W, 60S 63W, 60S 20W, 46S 20W, 46S 63W

Each party will accept the presence o an observer ship from the other party in the vicinity of naval forces involving four or more ships engaged in manoeuvres within the relevant area of application.

2. Reciprocal notification of identity, intended track and purpose will be given, not less than 48 hours in advance, of a ship or an aircraft that intends to approach closer to coasts than 50 miles by sea or 70 miles by air.

When specific movements of the kind described in this paragraph are intended to be carried out by combatant units and might cause political or military difficulty to the Argentine Government or to the British Government, the notifying party will be informed immediately and mutual agreement will be necessary to proceed.

IV. Verification

Verification of compliance with the reciprocal information arrangements in provision III above will be by national means, by observer ships (as provided for in III.1), and by consultations through the direct communication link.

If disagreement should persist, the parties shall have recourse to the diplomatic channel.

V. Reciprocal Visits

Reciprocal visits to military bases and naval units may be agreed through the diplomatic channel on a case by case basis.

VI. Applicability of International Practice

In situations not specifically covered above, it is understood that normal international practice will be applied on a reciprocal basis.

VII. Duration

This system, including the reciprocal information measures, shall be reviewed at regular diplomatic-technical meetings.

The first of these meetings shall take place within one year after the entry into force of the system and shall be convened at a date to be agreed through the diplomatic channel.

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - Text - Annex 1 - ANNEX 2 - Annex 3 - Annex 4 - UK Statement

Annex II — Safety Measures for Naval and Air Units when Operating in Proximity

When operating in proximity, Naval and Air units of the parties will comply with the following general regulations and rules:

a) Naval and Air units of the parties shall avoid any movement or action that might be interpreted as a hostile act or an act carried out with hostile intent.

b) Naval units of the parties shall manoeuvre in a manner that clearly shows their intentions and shall strictly observe the letter and spirit of the international regulations for preventing collisions at sea of 1972.

c) Air units shall use the greatest caution and prudence when manoeuvring in proximity to units of the other party, in order to contribute to safety and avoid mutual interference.

d) Naval and Air units of the parties shall not simulate attacks nor aim guns, missile launchers, torpedo tubes, other weapons or fire control radars in the direction of units of the other party.

e) Naval and Air units of the parties shall not launch any object in the direction of passing ships or aircraft of the other party, nor use searchlights or other powerful illumination devices to illuminate their navigation bridges.

f) Naval and Air units of the parties operating in proximity shall avoid the darkening of lights and, in this respect, shall comply with the International Regulations for Preventing Collisions at Sea of 1972 and the provisions of Annex VI of the Convention on International Civil Aviation of 1944.

g) On no account shall the communication and detection systems of units of the other party be interfered with or disrupted.

h) A prompt exchange of information shall be conducted in the event of any occurrence which might cause concern to the other party.

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - Text - Annex 1 - Annex 2 - ANNEX 3 - Annex 4 - UK Statement

Annex III — Maritime and Air Search and Rescue

When communication or co-ordination is required in relation to maritime and air search and rescue (SAR), the following procedures will apply:

a) The headquarters of the British Forces in the Falkland Islands (Islas Malvinas) shall inform the regional SAR Co-ordination Centres of the Southwest Atlantic Area:

Maritime SAR — Ushaia Maritime SAR Co-ordination Centre

Air SAR — Comodoro Rivadavia Air SAR Co-ordination Centre

b) Maritime SAR operations shall be conducted in accordance with the SAR manual of the International Maritime Organisation and the SAR manual for Merchant Ships.

Air SAR operations shall be conducted in accordance with the provisions of Annex XII to the Convention on International Civil Aviation and its amendments.

c) In the event that joint participation in a SAR incident becomes necessary, the headquarters of the British Forces in the Falkland Islands (Islas Malvinas) and the appropriate Argentine SAR Co-ordination Centre will co-ordinate their activities.

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - Text - Annex 1 - Annex 2 - Annex 3 - ANNEX 4 - UK Statement

Annex IV — Safety of Navigation

1. The parties will exchange all relevant information so that Argentina, the Regional Co-ordinator of Navarea VI, as defined by the International Maritime Organisation, may issue the appropriate notices to mariners for that area.

2. In order to enhance flight safety, the parties agreed:

a) to facilitate the operation of Argentine Flight Information Centres by supplying the information necessary for Argentina to provide the Air Traffic Control, Warning, Search and Rescue, Communication and Meteorological Services within the Argentine Flight Information Regions (FIR);

b) to exchange information between the Falkland Islands (Islas Malvinas) and Comodoro Rivadavia (CRV) Flight Information Centre for identification of aircraft in flight in the FIRS, in particular on flights in the vicinity of coastal areas;

c) to respond positively in an emergency to requests to provide alternative landing facilities at their airfields for each other's aircraft and aircraft of third parties;

and

d) to exchange aeronautical information about airfields of both parties (navigation, approach and surface facilities).

JOINT STATEMENT OF 15 FEBRUARY 1990

RE-ESTABLISHING DIPLOMATIC RELATIONS BETWEEN BRITAIN AND ARGENTINA

Introduction - Text - Annex 1 - Annex 2 - Annex 3 - Annex 4 - UK STATEMENT

Statement by the Secretary of State for Foreign and Commonwealth Affairs to the House of Commons

At the conclusion of talks between the British and Argentine delegations in Madrid, it was agreed that diplomatic relations between our two countries, which were broken off at the time of the Falklands conflict in 1982, should be restored.

The exchange of ambassadors will follow in due course.

A copy of the joint statement issued on 15 February with its annexes will be place in the Library of the House.

We look forward to a new chapter in Anglo-Argentine relations:

to the re-establishment of cultural relations, cooperation in fighting drugs and on environmental issues and an agreement to promote and protect investment.

We have also undertaken to facilitate a visit by Argentine next-of-kin to their military cemetery on the Falklands under the supervision of the International Committee of the Red Cross.

We agreed to abolish the present visa regime in the near future and shall discuss the practical details involved.

It will still be necessary for Argentine citizens to obtain visas before entering the Falkland Islands.

Both Government have agreed on a series of measures to increase confidence in the region.

These include:

the establishment of a direct military communications link between the British Forces in the Falkland Islands and Argentina;

the introduction of rules of reciprocal behaviour for naval and air units operating in proximity;

measures to facilitate air and maritime safety and navigation;

notification of military manoeuvres and exercises in a large area of the South Atlantic;

and mutual notification for military aircraft and naval vessels approaching the coasts of the Falklands or Argentina.

Each Government retain the right, if they believe it necessary, to withhold agreement to movements which have been notified and which would come within 70 nautical miles (for aircraft) or 50 nautical miles (for ships) of their coasts.

As of 31 March these new arrangements will come into force and the Falkland Islands protection zone will be lifted.

The Governor has briefed Falkland Islands councillors on the results of these talks.

We believe that the reduction in tension, the removal of obstacles to air and sea links between the Islands and South America, and the opportunity for talks on fish conservation will be welcome in the islands.

The normalisation of relations with Argentina has been achieved without discussion of sovereignty over the Falklands.

The Government's determination to defend the Islanders' right to determine their own future remains firm.

Joint Statement of Confidence-Building Measures, including an Information and Consultation System and Safety Measures for Air and Maritime Navigation

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Source agreement