The Future of the Falkland Islands...
Friday 09 April 2010By EU Reporter Correspondents
In 2008, the Commission published its Green Paper Elements for a new partnership between the EU and the Overseas Countries and Territories (OCTs). The paper lays the groundwork for a proposed redefining of the relationship between OCTs and the EU, and for replacing the existing Overseas Association Decision (OAD) in 2013.
The Commission wants the relationship to move away from developmental cooperation, and towards a more reciprocal partnership, with OCTs adopting and promoting EU values and standards, and seeks a greater degree of convergence "between the local legislation in each OCT and the community acquis." There are 20 OCTs, linked to Denmark, France, the Netherlands and the UK.
This is of great concern to Britain, as one of the OCTs that the proposals will affect is the Falkland Islands. Governance of the Islands is a particularly sensitive issue, with the Argentinean fascist invasion of 1982 still to the forefront of the national consciousness. More mercenary considerations include the current speculative drilling for oil in Falkland waters. Whilst initial results may appear disappointing, rising oil prices and ever-improving technological capabilities mean that drilling for even the deepest and smallest sources eventually becomes viable. In February 2010 the Argentine government attempted to impose restrictions on shipping in the area - certainly both sides in the ongoing territorial dispute are equally interested in the Oil and Gas reserves.
Fishing grounds are also an issue: in this area the islands are truly blessed, particularly with regards to squid. However, in 2009 there was something of a scare, with catches falling in some areas to worryingly low levels. This may prove to be an anomaly, as figures for the first months of 2010 suggest a return to normal.
The situation served as a wake up call, and the matter of Korean and Taiwanese fleets taking squid stocks is becoming politically sensitive (although it should be noted that Revenue from the sale of fishing licenses has been as high as £20-25M) The Falklands Defence Force has been "refreshing" its approach, and the armed protection vessel Protegat is being kept busy.
As the EU sterilises its own fisheries, and exhausts stocks in African waters, one wonders how bright a future the Falkland stocks will have once the island moves "towards a more reciprocal partnership" and adopts the acquis. Despite all the rhetoric, and pledges to defend the Islands, just how committed is the UK? Chris Bryant, Minister for Europe at the FCO, revealed in a memorandum dated 23 November 2009, that "Modernising the relationship between the Territories and the EU is part of the UK's strategy..." although he does point out that in past discussions and constitutional reviews, British OCTs have traditionally sought greater devolution of powers. He states that any new OAD must reflect the desire of OCTs for autonomy, and these should not be penalised in any way. Noting that OCTs generally require economic assistance, he expressed concerns about a "two-tier" system of OCTs developing, presumably with those who do not accept the acquis being given less support.
The Minister may not want a economic two-tier system of OCTs, but will the Commission accept a political two-tier system? The likelihood of Brussels embracing polities that constitutionally reject its legislation is small, and indeed may breech the rules of the Lisbon Treaty. The proposed "reciprocal partnership" is likely to mean that beyond retaining traditional names, government institutions on the OCTs are likely to become little more than regional instruments of governance for the Commission.
The Islands' new constitution, which came into force on January 1st 2009, states that "There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending this Order or the Schedule." However, Her Majesty is herself a signatory to the Lisbon Treaty. OCT and the Crown Dependencies (the Channel Islands and the Isle of Man) are now in a slightly awkward position, as they take their sovereignty from the British Crown, which appears to surrendered significant powers to the European Commission. OCTs and the Crown Dependencies are not just quiet and eccentric backwaters: the Falklands are blessed with natural resources which can potentially provide them with considerable wealth in the near future.
The Channel Islands have managed their fisheries extremely well, have the potential to by Europe's main provider of tidal energy, and have developed a powerful economy based on the financial sector. National governments have a duty of care to these small island states, a duty that they must not sacrifice to political expediency.