Jan Cheek - Executive Councillor, Falkland Islands Government

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:00:10. > :00:16.Much more on the BBC website: Now on BBC News it is time for HARDtalk.

:00:16. > :00:19.To Britain it's the Falklands, to Argentina the Malvinas. 30 years

:00:19. > :00:25.ago the two countries went to war over these islands in the South

:00:25. > :00:28.Atlantic. Now they can smell oil, 8 billion barrels worth is being

:00:28. > :00:38.drilled for this year. Is that why Buenos Aires and London are trading

:00:38. > :00:39.

:00:39. > :00:43.insults once again? Jan Cheek is one of the leaders of the 3,000

:00:43. > :00:49.islanders who are about to be asked to vote on whether there should be

:00:49. > :00:52.negotiations with Argentina. She says yes, but by what right do the

:00:52. > :00:55.islanders insist they should stay linked to a country on the other

:00:55. > :01:05.side of the world? For how much longer will the British be prepared

:01:05. > :01:17.

:01:17. > :01:24.to pay the military and diplomatic bill?

:01:24. > :01:29.Jan Cheek, welcome to HARDtalk. Why are you holding this referendum?

:01:29. > :01:33.The islanders have chosen to hold it as a way of demonstrating to the

:01:33. > :01:39.world that we are content without current status as a British

:01:39. > :01:47.overseas territory. One of 14 scattered around the world. Why is

:01:47. > :01:53.it necessary to demonstrate that? We have no doubt, the islanders

:01:53. > :01:57.have no doubt, but we wish to demonstrate it to the world and to

:01:57. > :02:04.Argentina, who are trying to portray us as an implant a

:02:04. > :02:12.population who have no right to our homeland. You call it your homeland,

:02:12. > :02:16.I want to talk to you about that. On the referendum itself, you say

:02:16. > :02:20.that Argentina is calling for negotiations over the sovereignty

:02:20. > :02:24.over the Falkland Islands, you ask the islanders if they want to

:02:24. > :02:31.retain their current political status as an overseas territory of

:02:31. > :02:36.the UK. What about someone who likes the status quo but would like

:02:36. > :02:40.to tour to Argentina? The fact that we are a British overseas territory

:02:40. > :02:44.with the right to self determination allows us to talk to

:02:44. > :02:49.Argentina if we wanted. If they were willing to talk to us on

:02:49. > :02:54.matters of mutual interest, we would be more than happy to do so.

:02:54. > :02:58.We want nothing more than to be good neighbours. You say that, but

:02:58. > :03:06.new referred to them wanting negotiations over the sovereignty

:03:06. > :03:16.of the islands. -- you refer. does not frighten us, we have lived

:03:16. > :03:18.

:03:18. > :03:25.with it all of our lives. Since Peron raised it. It is something I

:03:25. > :03:30.am accustomed to. When it became a violent issue during the war of 82,

:03:30. > :03:35.people were frightened. Otherwise we see it as so much noise from

:03:35. > :03:45.across the water. Is it fairly representing the position of the

:03:45. > :03:50.

:03:50. > :03:54.Argentine government? Christine the -- Christina, said we are not

:03:54. > :03:59.asking anyone to say that the Malvinas belong to Argentina, we

:03:59. > :04:06.just want to sit down and talk. Sitting down and talking is great.

:04:06. > :04:10.We did that with Argentina in 1999. They walked away from nearly every

:04:10. > :04:17.element of the agreement we made since then. When they say they want

:04:17. > :04:21.to sit down and talk, they are looking for one outcome. That is a

:04:21. > :04:25.handover of the islands to Argentina. They are not looking for

:04:25. > :04:33.genuine negotiation. How would talking weaken your position if you

:04:33. > :04:40.have the backing of the islanders? Would it be an opportunity to talk?

:04:40. > :04:47.As we did in 99. We talked, we made some agreements on matters of

:04:47. > :04:56.mutual interest. Each one of which they have walked away from.

:04:56. > :05:00.Unilaterally. I think you will find, you would have to talk to the

:05:00. > :05:05.Argentine government to get their answer on this, but they are

:05:05. > :05:12.looking for only one outcome. It is rather pointless sitting down if

:05:12. > :05:15.one side has already decided what the outcome must be. But that in

:05:15. > :05:21.terms of the options that might be available is not reflected in the

:05:21. > :05:31.referendum. Your own are talking about an open discussion. -- you

:05:31. > :05:32.

:05:32. > :05:38.are not. The defence minister says he does not understand the wording

:05:38. > :05:48.of the referendum. The issue is about the right of the islanders to

:05:48. > :05:48.

:05:48. > :05:53.determine their own future. That is contained in being an overseas

:05:53. > :05:58.territory of the UK. Because the UK does recognise our right to self-

:05:58. > :06:06.determination. Successive governments of whatever party have

:06:06. > :06:11.upheld that right. The UK has said it is bound by what the islanders

:06:11. > :06:19.say. If you said to the UK government, talk on our behalf, the

:06:19. > :06:24.UK would not stand in the way. No, it is the choice of the people of

:06:24. > :06:29.the islands. That is what the referendum is about. You do not

:06:29. > :06:34.think it might be a provocative move? Our existence is provocative

:06:34. > :06:39.to Argentina. You have had perfectly amicable relations after

:06:39. > :06:44.the end of the war, you said you were talking at the end of the 90s.

:06:44. > :06:49.We were certainly talking at the end of the 90s. We were working

:06:50. > :06:53.with them on things where both sides could benefit. For example,

:06:54. > :06:59.the sustainable management of fisheries. But they have walked

:06:59. > :07:09.away from all of that. They are working against us in several

:07:09. > :07:10.

:07:10. > :07:17.different ways. One in a propaganda campaign. They are going into

:07:17. > :07:23.governments around the world and telling the rewritten version of

:07:23. > :07:29.history. You know the history is contested in terms of what the

:07:29. > :07:36.legal status of the islands is. On the question of provocation, there

:07:36. > :07:44.has been some strong language, Mike Summers said a couple of the us to

:07:44. > :07:52.go that Argentina was taking an economic warfare Broatch. -- years

:07:52. > :07:56.ago. -- approach. Environmental terrorism. That kind of rhetoric

:07:56. > :08:02.does not help to build bridges. does not help to build bridges but

:08:02. > :08:09.the action they have taken in attempting to damage fisheries, in

:08:09. > :08:14.attempting to deter cruise ships from coming to the islands,

:08:14. > :08:19.refusing free passage of charter flights through their air space.

:08:19. > :08:27.What options to they have if you are not prepared to talk? I do not

:08:27. > :08:31.think he bring some onto the table to talk by threats or bad behaviour.

:08:31. > :08:39.-- you bring. The best way to get people to talk to you is by

:08:40. > :08:46.behaving in a reasonable and friendly fashion. There is no

:08:46. > :08:50.incentive if you turn around and say, no. We did that in the 90s. We

:08:50. > :08:55.talked to them. They were behaving in a rational and reasonable

:08:55. > :08:59.fashion. They appeared to be prepared to talk about matters of

:08:59. > :09:05.mutual interest. It is not just Argentina and other Latin-American

:09:05. > :09:09.countries saying you should be talking, Hillary Clinton, Secretary

:09:09. > :09:14.of State, saying we want Britain and Argentina to talk about the

:09:14. > :09:17.future of the islands. Five Nobel Peace laureate wrote to the British

:09:17. > :09:25.Prime Minister in March and said, the lack of a willingness to talk

:09:25. > :09:29.with a democratic country, whose commitment to peace has been

:09:29. > :09:35.demonstrated, the undertaking of air and sea manoeuvres is seriously

:09:35. > :09:41.threatening peace and harmony in that part of the world. Taking your

:09:41. > :09:46.last point first, any air and sea manoeuvres are simply part of the

:09:46. > :09:52.normal exercising of the deterrent force on the island which has been

:09:53. > :09:58.there since 1982. It is only there because of any perceived threat

:09:58. > :10:02.there may be. The then Defence Minister told the House of Commons

:10:03. > :10:12.that all the advice we have there is neither the capability or the

:10:13. > :10:13.

:10:13. > :10:17.intention by the Argentines... long as the deterrent is there.

:10:18. > :10:22.says the capability is not there. could not comment on their military

:10:22. > :10:29.capability. Are you confident the British could defend you if it came

:10:29. > :10:39.to it? Yes. It is a very different situation to that in 82. We just

:10:39. > :10:40.

:10:40. > :10:48.had a handful of oral Marines defending the island. -- royal

:10:48. > :10:56.Marines. The reason I ask this, in light of the defence cuts Great

:10:56. > :11:03.Britain has undertaken as part of its budget savings, the former

:11:03. > :11:07.commander of the task force who was sent to relieve the island in 1982

:11:07. > :11:13.have said they do not think if the Falklands were to be attacked it

:11:13. > :11:19.would be possible. I read what they said. What they said, the islands

:11:19. > :11:25.could not be retaken. That is quite a different issue. The islands are

:11:25. > :11:29.well-defended. They were not in 82. There is no credible threat. Why

:11:29. > :11:35.are these manoeuvres necessary? They are just normal training

:11:36. > :11:41.exercises. In some cases the Falklands is being used as a

:11:41. > :11:45.training ground for troops before they are posted to other, more

:11:45. > :11:50.dangerous destinations. You could argue there is no need to do it

:11:50. > :11:54.there, you could do it somewhere less provocative. Obviously, the

:11:54. > :11:58.people in charge find it a convenient place to do it. Apart

:11:58. > :12:03.from anywhere else, they are welcomed with open arms. They can

:12:03. > :12:09.fly as low as they want whenever they want. This is quite an

:12:09. > :12:15.expensive commitment Britain makes. The estimates are �61 million in

:12:15. > :12:23.terms of defence costs in this financial year. The economist

:12:23. > :12:26.newspaper reports it might be as much as �200 million. How long do

:12:26. > :12:32.you think Britain is going to be prepared to carry on paying VAT

:12:32. > :12:42.bill? I think that Bell is not entirely accurate all to the

:12:42. > :12:46.defence of the island. -- bill. It is the additional cost of moving

:12:47. > :12:51.them to and from the islands which are counted. That is a matter for

:12:51. > :12:57.the British Government, not one we can dictate. In a sense you are

:12:57. > :13:01.dictating it because you are saying, we want to retain the status, we

:13:01. > :13:07.feel threatened by Argentina, we require this investment by the

:13:07. > :13:14.British. We hope that the British people support the fact that the

:13:14. > :13:18.islands were retaken, not simply for the islanders, but as a

:13:18. > :13:24.demonstration that aggression by a large and greedy neighbour should

:13:24. > :13:30.not be allowed to succeed. We hope the deterrent is there for the same

:13:30. > :13:33.reason. The wall was 30 years ago. Anyone under the age of 40 will

:13:34. > :13:41.barely remember it. There were plenty of surveys during the course

:13:41. > :13:50.of the year showing support for the status quo among many age groups,

:13:50. > :13:55.but 18-24-year-olds, 49% supported negotiations with a view to a

:13:55. > :13:58.handover. 39% against. Are you concerned there may be a

:13:58. > :14:08.generational shift as the memory fades and it might affect

:14:08. > :14:09.

:14:09. > :14:15.I regularly attend the party conferences and talk with many

:14:15. > :14:19.party members, young and old, and I want to explain the facts to them.

:14:19. > :14:24.They take a different view. It may be that they are simply not aware

:14:24. > :14:31.of the facts. Let's talk about the facts and that is the question of

:14:31. > :14:37.the status of the Falkland Islands. By what right do you claim that you

:14:37. > :14:44.should determine who is legally and constitutionally responsible for

:14:44. > :14:50.maintaining the islands? Who has sovereignty?

:14:51. > :14:56.By the fact that we were born there, we have lived there in some cases

:14:56. > :15:03.for eight or nine generations. It is the only homeland that people

:15:03. > :15:06.know. By what might does Argentina says it should be otherwise? On the

:15:06. > :15:12.question of homeland, what proportion of people who live on

:15:12. > :15:18.the islands, 3,000, were born there? I don't know the precise

:15:18. > :15:23.figures. Probably around half of them. Half our income has? Who had

:15:23. > :15:28.chosen to live in the Falkland Islands? It has been settled by

:15:28. > :15:32.Canada, New Zealand, so many South American countries, by waves of

:15:32. > :15:38.immigration over the many years since the 1830s. The difference

:15:38. > :15:42.with the Falklands is we did not replace an Indigenous population.

:15:42. > :15:48.The Argentines say that the people who were on the island in 1833 were

:15:48. > :15:54.booted out by a military expedition and it was at that point Britain

:15:54. > :16:00.established its right to govern. That has been well and truly

:16:00. > :16:04.disproved by research in the archives in when a series. So, not

:16:04. > :16:09.true. Some people were given the option of leaving. The vast

:16:09. > :16:15.majority chose to stay. All for those who left, I don't know if

:16:15. > :16:21.there were more than a hand for who were what you would call Argentine

:16:21. > :16:27.today. A question, I suppose, is if you are so confident with this, why

:16:27. > :16:29.don't you tested in the law? Why not refer your case to the

:16:30. > :16:36.International Court of Justice and get a definitive ruling? I don't

:16:36. > :16:42.know why that has never been seriously suggested by either side.

:16:42. > :16:47.Maybe because we believe we are right. But there is no legally

:16:47. > :16:52.defined definition of eight people. Nobody knows how to test that. You

:16:52. > :16:55.argue that the evidence is in your favour. Put it to an international

:16:55. > :17:01.tribunal, let a ruling be made and then you won't have to deal with

:17:01. > :17:07.this constant argument over who you belong to. I am not sure who we

:17:07. > :17:12.belong to is a question. We see ourselves as Falkland Islanders.

:17:12. > :17:16.Falkland Islanders, by definition, are British because we are a

:17:16. > :17:23.British overseas territory but the idea that we belong to anyone is

:17:23. > :17:27.foreign to me, difficult for me. You are effectively talking about

:17:27. > :17:29.the territory being effectively the responsibility of the UK. One

:17:30. > :17:37.international lawyer says that if the dispute went to the

:17:37. > :17:41.International Court of Justice, it is not clear who would win, that it

:17:41. > :17:47.is not clear if the Falkland Islanders are a people or not.

:17:47. > :17:53.not sure where you draw the line. Is it way you live? Numbers?

:17:53. > :17:58.Nationality? I am not a legal expert. The law requires a two

:17:58. > :18:03.party dispute to enter into negotiations. About? About the

:18:04. > :18:10.status of the islands. I disagree. Even though there have been UN

:18:10. > :18:15.resolutions going back to 1965? resolutions to suggest that people

:18:15. > :18:22.talk and talking is always a good way to resolve differences but you

:18:22. > :18:29.have got to go into those talks with a willingness to genuinely

:18:29. > :18:34.discuss the subject in hand. And I think the two sides are so far

:18:34. > :18:37.apart on is that talks would not be productive. Do you think this has

:18:37. > :18:41.become a particularly sensitive issue once again not just because

:18:41. > :18:45.of the anniversary but because of the recognition they could be

:18:46. > :18:50.significant oil under the Falkland Islands and around the Falkland

:18:51. > :18:56.Islands? Well, one could take the view that Argentina far from

:18:56. > :19:01.wanting to D colonise the Falklands would like to make the Falklands a

:19:01. > :19:06.colony of Argentina in order that they can get their hands on the

:19:06. > :19:09.resources which belong to that territory. Presumably that is part

:19:09. > :19:13.of the risk that has been identified by some of the companies

:19:13. > :19:20.involved, who have said they are worried that relations are so poor

:19:20. > :19:23.that it could be a risk. One of the company is developing an oil field

:19:23. > :19:28.said it would be foolhardy to dismiss the risk as nothing and

:19:28. > :19:32.they had to think long and hard before signing, taking advantage --

:19:32. > :19:37.advice from the UK government, because they were worried. They

:19:37. > :19:42.have taken advice and on balance, they have decided to go ahead, so

:19:43. > :19:50.clearly, the risk is regarded as a manageable one. And they have had

:19:50. > :19:55.to work around the nuisance that the Argentine activities were

:19:55. > :20:02.trying to create. But they have done it successfully and they now

:20:02. > :20:06.plan to go ahead with production in about 2017. It is extraordinary -

:20:06. > :20:14.8.3 billion barrels being targeted in four Wells this year, three

:20:14. > :20:20.times the size of the UK's reserves. You are sitting on a bonanza.

:20:20. > :20:25.are told, but we are not counting any oil money and to it starts to

:20:25. > :20:29.flow. The trouble is, it is not just flowing, is it? You have got

:20:29. > :20:34.to get it out and distributed and sell it. Does not the example of

:20:34. > :20:38.Sudan show that it is not enough to have oil, you must also have good

:20:38. > :20:41.relations with your neighbours to develop that potential. The oil

:20:41. > :20:46.companies will be confident they can develop that potential in spite

:20:46. > :20:52.of interference from Argentina and there are many other markets in the

:20:52. > :20:55.world. You have still got to get it to those markets. It is unfortunate

:20:55. > :20:59.that Argentina chooses not to have supply for people working there

:20:59. > :21:05.with some of the equipment they need and some of the services they

:21:05. > :21:09.need, which could be beneficial to them as well. Not just Argentina,

:21:10. > :21:14.is it? The Brazilian Foreign Minister says that all Latin-

:21:14. > :21:19.American nations support Argentine sovereignty. And several countries

:21:19. > :21:26.have supported Argentina in its concern to promote that. It is very

:21:26. > :21:29.clear that Argentina is leaning on all of its neighbours to make these

:21:29. > :21:35.pronouncements at the end of the various regional conferences that

:21:35. > :21:40.they have. But the fact is, apart from oil, it is business as usual

:21:40. > :21:44.with those countries. Or perhaps they actually agree with Argentina

:21:44. > :21:48.that you are an anachronism? That it makes no sense for an island 300

:21:49. > :21:53.miles from the South American mainland to be attached to the UK?

:21:53. > :22:00.Perhaps, but if you extend the geographical argument, you change

:22:00. > :22:05.the map of Europe. Both the geographical and historical

:22:06. > :22:10.arguments have huge flaws. If you start putting boundaries back

:22:10. > :22:15.before 1833, the world will be a very different place. Can you be

:22:15. > :22:18.that confident that this will continue to be the case? As the rat

:22:18. > :22:23.in that report which was published at the beginning of this year

:22:23. > :22:27.showed, Britain has made previous overtures to Argentina. It was

:22:27. > :22:34.prepared to consider in the 1960s some form of handover of

:22:34. > :22:39.sovereignty. It was prepared in 1974, and that might have happened

:22:39. > :22:43.were it not for the death of the President of a heart attack one

:22:43. > :22:50.week later, to hand over sovereignty and entertain the

:22:50. > :22:54.prospect of dual nationality. Things could change. Things changed

:22:54. > :23:00.in 1982 when Argentina invaded and that changed the situation. There

:23:00. > :23:03.is no going back? Unfortunately not. On that basis, if there is no going

:23:03. > :23:08.back from your point of view, and you were confident that islanders

:23:08. > :23:13.feel that way as well, once you have that referendum and if it

:23:13. > :23:16.endorses your view, why not on those terms and with that

:23:16. > :23:23.confidence talk with Argentina? will gladly talk with them about

:23:23. > :23:30.matters of mutual interest? -- mutual interest. Have you made that

:23:30. > :23:35.approach? We have indeed. A letter was handed over to them by one of