152. Telegram From Secretary of State Haig to the Embassy in the United Kingdom and the Department of State1

Secto 6050. Pass White House. Subject: Draft Text Worked Out in Buenos Aires.

1. Secret–Entire text.

2. There follows draft of agreement on South Atlantic crisis worked out in Buenos Aires April 19, 1982.

3. Begin text: On the basis of United Nations Security Council Resolution 502, and the will of the Argentine Republic and of the United Kingdom to resolve the controversy which has arisen between them, renouncing the use of force, both governments agree on the following steps, which form an integrated whole:

1. Effective on the signature of this agreement by both governments, there shall be an immediate cessation of hostilities.

2. Beginning at 0000 hours of the day after the day on which this agreement is signed, the Republic of Argentina and the United Kingdom shall not introduce nor deploy forces into the zones (herein-after, “zones”) defined by circles of 150 nautical miles radius from the following coordinate points (hereinafter, “coordinate points”):

A) Lat. 51 deg 40′ S

Long. 59 deg 30′ W

B) Lat. 54 deg 20′ S

Long. 36 deg 40′ W

C) Lat. 57 deg 40′ S

Long. 26 deg 30′ W

2.1. Within 24 hours of the date of this agreement the United Kingdom will rescind its zone of exclusion and Argentina will not conduct operations in the zones.

2.2. Within 24 hours of the date of this agreement, Argentina and the United Kingdom will commence the withdrawal of their forces in accordance with the following details.

2.2.1. Within seven days from the date of this agreement, Argentina shall have withdrawn one half of its military and security forces present [Page 330] in the zones2 on the date of this agreement, including related equipment and armaments. Within the same time period, the United Kingdom will have completed the withdrawal of all of its forces from the zones and3 the United Kingdom naval task force will stand off at a distance of at least 17504 nautical miles from any of the coordinate points.

2.2.2. Within 15 days from the date of this agreement, Argentina shall remove all of its remaining forces, equipment and armaments from the zones. Within the same time period, units of the UK naval task force and submarines shall redeploy to their usual operating bases or areas.

3. After fifteen days after the date of this agreement and pending a definitive settlement, no military or security forces shall be introduced by the signatories into any of the zones defined by circles of 150 nautical miles radius from the coordinate points.5

4. From the date of this agreement, steps shall be taken by the two governments to terminate simultaneously, and without delay, the economic and financial measures adopted in connection with the current controversy, including restrictions relating to travel, transportation, communications, and transfers of funds between the two countries. The United Kingdom without delay shall request the European [Page 331] Community and third countries that have adopted similar measures to terminate them.

5. The United Kingdom and Argentina shall each appoint, and the United States has indicated its agreement to appoint, a representative to constitute a special interim authority which shall provide observers to verify compliance with the obligations in this agreement.

6. A) Pending a definitive settlement, all decisions, laws and regulations hereafter adopted by the local administration on the Islands shall be submitted to and expeditiously ratified by the special interim authority, except in the event that the special interim authority deems such decisions, laws or regulations to be inconsistent with the purposes and provisions of this agreement or its implementation. The traditional local administration shall continue through the executive and legislative councils which shall be enlarged in the following manner: the Argentine Government shall appoint two representatives, who shall serve in each council; the Argentine population whose period of residence on the Islands is equal to that required of others entitled to representation shall elect representatives to each council in proportion to their population, subject to there being at least one such representative in each council. The local police shall be continued under the administration of the councils, with a representative of the resident Argentine population, and shall be subject to the supervision of the special interim authority. The flags of each of the constituent members of the special interim authority shall be flown at its headquarters.

B) Pending a definitive settlement, neither government shall take any action that would be inconsistent with the purposes and provisions of this agreement or its implementation.

7. A) Pending a definitive settlement, travel, transportation, movement of persons and, as may be related there to, residence and ownership and disposition of property, communications and commerce between the mainland and the Islands shall, on an equal basis, be promoted and facilitated. The special interim authority shall propose for adoption appropriate measures on such matters, including possible arrangements for compensation of Islanders who do not wish to remain. The two signatories undertake to respond promptly to such proposals. The special interim authority shall monitor the implementation of all such proposals adopted.

B) Pending a definitive settlement, the rights and guarantees which have heretofore been enjoyed by the inhabitants on the Islands will be respected, on an equal basis, in particular rights relating to freedom of opinion, religion, expression, teaching, movement, property, employment, family, customs, and cultural ties with countries of origin.

8. A) December 31, 1982, will conclude the interim period during which the signatories shall conclude negotiations on modalities for the [Page 332] removal of the Islands from the list of non-self governing territories under Chapter XI of the United Nations Charter and on mutually agreed conditions for their definitive status, including due regard for the rights of the inhabitants and for the principle of territorial integrity applicable to this dispute, in accordance with the purposes and principles of the Charter of the United Nations and Resolution 1514 (XV) and 2065 (XX) and in the light of relevant resolutions of the General Assembly of the United Nations on the “Question of the Falkland (Malvinas) Islands”. The negotiations here above referred to shall begin within fifteen days of the signature of the present agreement.

B) The United States Government has indicated that, at the request of the two governments, it would be prepared to assist them in bringing their negotiations to a mutually satisfactory settlement by the date stipulated in subparagraph (A). End of text.

Haig
  1. Source: Reagan Library, Executive Secretariat, NSC Country File, Latin America/Central, Argentina (04/18/1982–04/19/1982). Secret; Flash; Nodis.
  2. A final meeting between Haig and Costa Méndez occurred at the airport in Buenos Aires, April 19, at which time the U.S. delegation received an Argentine copy of the draft agreement. In this “airport text,” this word is replaced with the word “areas.” A copy of the text, bearing a note in an unknown hand to Enders stating that there were three errors in the text of paragraph 2—“one clearly not a clerical error, possibly all conscious”—is in the Department of State, Under Secretary of State for Political Affairs, Miscellaneous Files, March 1981–February 1983, Lot 83D210, Falklands [folder 1]. In his memoirs, Haig recalled that Costa Méndez presented him with an envelope to be read once the Secretary’s plane was in the air. According to Haig, Costa Méndez’s message stipulated that “it is absolutely essential and condition sine qua non that negotiations will have to conclude with a result on December 31, 1982” and that this “result must include a recognition of Argentine sovereignty over the islands.” (Haig, Caveat, p. 289) This is possibly a mistaken reference to Costa Méndez’s April 21 message (see Document 159).
  3. In the “airport text,” this word is omitted and a period is placed after the word “zones.” Above the period an unknown hand placed “and” in brackets and added an asterisk. A handwritten note in the left-hand margin states the word “and” was “proposed by Gompert/Gudgeon at Rosada 1400 hrs [and] taken to Minister.”
  4. In the “airport text,” the figure is crossed out and “2000” written above, along with a double asterisk. A handwritten note in the left-hand margin, corresponding to the double asterisk, reads: “We agreed on 1750.”
  5. This paragraph is absent from the “airport text.” A note in an unknown hand reads: “Para 3 on demilitarization missing. (KSG [Gudgeon] + GOA lawyer had corrected two typos at Casa Rosada P.M.) Actually in large part redundant of ¶2. In fairness this may have been dropped in confusion since a hole had been left in numbering of Sun night/Mon. a.m. for only a ¶2, and ¶3 was assigned to sanctions paragraph. KSG renumbered US text (including text sent London).”