Dear Sir,

The Canary Islands are located just off the northwest coast of Africa, and include Gran Canaria, Tenerife, El Hierro, La Palma, Lanzarote, Fuerteventura, Alegranza, Graciosa, Montaña Clara, Lobos and La Gomera.

Canary Islands, 12th March, 2018. Pending application of the United Nations General Assembly Resolution 1514 (XV), 14th December 1960, titled "Declaration on the Granting of Independence to Colonial Countries and Peoples”, the Canary Islands are administered by the Spanish government who try to obtain the Sea waters jurisdictional and submmited to United Nations the Canary Islands baselines, except the Gomera Island (see pages 7-9 of the attached and linked-now corrupted- document Royal Decree No. 2510/1977 of 5 August 1977: The straight baselines for the delimitation of Spanish jurisdictional waters), latter never conquest by Spanish colonialism, the best example of resistence for everybody. Archipelagic straith baselines can only be drawn by the Archipelagic States. The purpose of this letter is subbmit an application to Mr. Antonio Guterres, Secretary-General, and proclaim the Canary Islands State, an archipelagic State, under the United Nations supervision and assessment, according to the Referendum celebrated on 12 march 1986 in which the Canary Islands residents voted against.

The illegal claim of Spain. On 17th December 2014, the Kingdom of Spain submitted to the Commission on the Limits of the Continental Shelf, in accordance with article 76, paragraph 8, of the Convention, information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of its territorial sea is measured in respect of the west area of the Canary Islands. It is noted that the Convention entered into force for Spain on 14 February 1997. According to the submitting State, this is a partial submission (Fig. 1). (On 26 October  2014 an application was sended to Mr Ban Ki-moon, United Nations Secretary-General, about the Canary Islands status).

 British scientists exploring an underwater mountain in the Atlantic Ocean have discovered a treasure trove of rare minerals. Their investigation of a seamount more than 500km (300 miles) from the Canary Islands has revealed a crust of "astonishingly rich" rock. Samples brought back to the surface contain the scarce substance tellurium in concentrations 50,000 times higher than in deposits on land. Tellurium is used in a type of advanced solar panel, so the discovery raises a difficult question about whether the push for renewable energy may encourage mining of the seabed. The rocks also contain what are called rare earth elements that are used in wind turbines and electronics (BBC, 11 April, 2017).

The Spanish government try to apply Part IV of the United Nations Convention of the Law of the Sea (UNCLOS 1982) to the Canary Islands, but the problem is that Canary Islands are NOT yet an archipelagic State. Part IV of the UNCLOS 1982 is devoted to the definition and regulation of maritime and airspace called archipelagic states (Art. 46 to 54). For this purpose the term "archipelagic State" means  a State constituted wholly by one or more archipelagos and may include other islands" (Art 46, a). And by "archipelago" a group of islands, including parts of islands, the waters that connect them and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographic, economic and political entity or which historically have been regarded as such (Art. 46, b).

According to article 49, paragraph 1 of the UNCLOS 82 archipelagic straith baselines can only be drawn by the archipelagic States. During UNCLOS 82 some eleven States, including Spain, Ecuador, India, Portugal, Canada, and France, consistently avocated the extension of the archipelagic State regime also to outlying archipelagos comprising a part of a State. However, UNCLOS 82 rejected such a wider scope application of the regime, and limited the definition of an archipelagic State only to State which is constituted Wholly by one or more archipelagos and may include other islands" (Art 46, a).

The non conforming claims falling into this category include those of, among others, Spain with respect to the Canary Islands (Islas Canarias), Denmark with respect to the Faeroes, Ecuador with respect to the Galapagos Islands, Norway with respect to the Spitzbergen (Sbalvard archipelago), Australia with respect to Houtman Abrolhos and Furneaux Islands, and India with respect to Andaman and Nicobar Islands.

Membership in the United Nations Organization, in accordance with the Charter of the United Nations, is open to all peace-loving States that accept the obligations in the United Nations Charter and, in the judgment of the Organization, are able to carry out these obligations. States are admitted to membership in the United Nations by decision of the General Assembly uppon the recommendation of the Security Council.

Since the Referendum was held on 12 March, 1986 the Canary Islands is a State (Federal Republic Democratic of Canaries). The recognition of a new State is an act that only other States may grant or withhold.

Recalling the principles of international law and the main international legal instruments governing the right of peoples to self-determination, including the United Nations Charter, the relevant provisions of the International Declaration of the Rights of Aboriginal People, and specifically the International Tribunal for the Law of the Sea in accordance with article 287, paragraph 1, of the United Nations Convention on the

Law of the Sea, the Canary Islands State (Federal Republic Democratic of Canaries) declares that it accepts the jurisdiction of the International Tribunal for the Law of the Sea for the settlement of disputes concerning the interpretation or application of the Convention. 

Concious of the importance of increasing the number of Parts to the Third United Nations Convention on the Law of the Sea (UNCLOS 82) requests the Secretary General to admit the national liberation movements of the non self determination territories as Part of the UNCLOS 82 according to RESOLUTION IV of the UNCLOS 82:

“The Third United Nations Conference on the Law of the Sea,

Bearing in mind that national liberation movements have been invited to participate in the Conference as observers in accordance with rule 62 of its rules of procedure, Decides that the national liberation movements, which have been participating in the Third United Nations Conference on the Law of the Sea, shall be entitled to sign the Final Act of the Conference, in their capacity as observers”.

Recalling the  resolution 43/47 of 22November 1988, by which the General Assembly declared the period 1990-2000 as the International Decade for the Eradication of Colonialism, Recalling also the Resolutions 55/146 of 8 December 2000, adopted by the General Asambly, declared the period 2001-2010 the Second International Decade for the Eradication of Colonialism, finished on December 31, 2010 and, in consequence, the Canay Islands declared the Independence on January 1, 2011, and recalling the Resolution 65/119 adopted by the General Assembly on December 2010 by which it declared the period 2011-2010 the Third International Decade for the Eradication of Colonialism,

WE DECLARE:

 The proclamation of the Canarian Federal Democratic Republic as an Archipelagic State.

 Recognition of the total membership of the United Nations Charter. The undersigned commitment to create the conditions for lasting peace, to initiate the institutional foundations of the Canary Islands State based on a democratic constitution.

The undersigned invite all of the international community in a spirit of justice and peace without delay to recognize the State of the Canary Islands.

Wanche Sworn of Loyalty to the Republic:

Aguhi-ñec i-akurán i-ñags ahafi-ña-g tuañheg hrezt d-Mencey