Self-determination is the free choice of one’s own
acts without external compulsion; and especially as the freedom of
the people of a given territory to determine their own political
status. It can also be defined as the ability or power to make
decisions for yourself, especially the power of a
nation to decide how it will be governed. In other
words, it is the right of the people of a nation to decide how they
want to be governed without the influence of any other country. The
latter is a complex concept with conflicting definitions and legal
criteria for determining which groups may legitimately claim the
right to self-determination. This often coincides with various
nationalist movements.
History
Pre-20th century
Just as
colonisation and
colonialism have been practiced throughout
recorded history, political self-determination, on an individual
level, has been documented similarly and cherished highly by
collective peoples despite them; ancient
Mesopotamia and the later
Greek
city-states are early examples of its practice.
The revolt of
New World British colonists
in North America, during the mid-1770s, has been seen as the first
assertion of the right of national and democratic
self-determination, because of the explicit invocation of natural
law, the natural rights of man, as well as the consent of, and
sovereignty by, the people governed; these ideas were inspired
particularly by
John Locke’s
enlightened writings of the previous
century.
Thomas Jefferson further
promoted the notion that the will of the people was supreme,
especially through authorship of the
Declaration of Independence
which inspired
Europeans throughout the 19th
century. The French Revolution was motivated similarly and
legitimatized the ideas of self-determination on that
Old World continent.
Within the New World during the early 1800s, most of the nations of
South America achieved
independence from
Spain. The United States supported that status, as policy in
the hemisphere relative to European colonialism, with the
Monroe Doctrine. The American public,
organized associated groups, and even Congressional resolutions,
often supported such movements, particularly the
Greek War of Independence
(1821-29) and the
demands of
Hungarian revolutionaries in 1848. Such support, however, never
became official government policy, due to balancing of other
national interests.
After the American Civil War and with increasing
capability, the United
States
government did not accept self-determination as a
basis during its Purchase of
Alaska and attempted purchase of the West Indian islands of
Saint
Thomas
and Saint John
in 1860s, or its growing influence in the Hawaiian Islands
, that led to annexation in 1898.
With its
victory in the Spanish-American
War in 1899 and its growing stature in the world, the United
States supported annexation of the former Spanish colonies of
Guam
, Puerto Rico and the
Philippines
, without the consent of their peoples, and it
retained “quasi-suzerainty” over Cuba, as
well.
During the early 1800s, the British Empire became dominant and
entered its
"imperial century". Following the
conflict the "
New Imperialism" was unleashed with
France
and later
Germany
establishing colonies during the "
Scramble for Africa."
The Ottoman Empire, Russian Empire
and Empire of Japan
also maintained or expanded themselves. All
ignored any notion of self-determination for those governed.
Meanwhile in Europe itself there was a
rise of nationalism, with
nations such as
Greece,
Hungary,
Poland and
Bulgaria seeking or winning their
independence.
Karl Marx supported such nationalism,
believing it might be a “prior condition” to social reform and
international alliances. In 1914
Vladmir
Lenin wrote: “[It] would be wrong to interpret the right to
self-determination as meaning anything but the right to existence
as a separate state.”
World War I and II
Woodrow Wilson revived the American
commitment to self-determination, at least for European states,
during
World War I.
When the Bolsheviks came to power in Russia
in November
1917, they called for Russia’s immediate withdrawal as a member of
the Allies of World War
I. They also supported the right of all nations,
including colonies, to self-determination.” The 1918
Constitution of the Soviet Union
acknowledged the right of
secession for
its constituent
republics.
This presented a challenge to Wilson’s more limited demands. In
January 1918 Wilson issued his
Fourteen
Points of January 1918 which, among other things, called for
adjustment of colonial claims, as long as the interests of colonial
powers had equal weight with the claims of subject peoples.
The
Treaty of Brest-Litovsk in
March 1918 led to Russia's exit from the war and the independence
of Finland
, Estonia
, Latvia
, Ukraine
, Lithuania
and Poland
. The end of the war led to the dissolution of
the defeated Austro-Hungarian
Empire and the creation by the Allies of Czechoslovakia
and the union of the State of
Slovenes, Croats and Serbs
and the Kingdom of Serbia
as new states. However, this imposition of
states where some nationalities (especially Poles, Czechs, and
Serbs and
Romanians) were given power over
nationalities who disliked and distrusted them eventually helped
lead to
World War II.
The defeated Ottoman empire was dissolved into the
Republic of
Turkey
and several smaller nations, including Yemen
, plus the
new Middle east Allied “mandate” of Syria and Lebanon
(future Syria
, Lebanon
and Hatay State
), Palestine (future Transjordan
and Israel
), Mesopotamia (future Iraq
). The
League of Nations was proposed as
much as a means of consolidating these new states, as a path to
peace.
During the 1920s and 1930s there were some successful movements for
self-determination in the beginnings of the process of
decolonization.
In the Statute of Westminster the
United
Kingdom
granted independence to Canada
, New Zealand
, Newfoundland
, the Irish Free
State, the Commonwealth of Australia,
and the Union of South Africa
after the British
parliament
declared itself as incapable of passing laws over
them without their consent. Egypt
, Afghanistan
and Iraq
also
achieved independence from Britain and
Lebanon
from
France
. Other efforts were unsuccessful, like the
Indian independence
movement.
And Italy
, Japan
and
Germany
all initiated new efforts to bring certain
territories under their control, leading to World War II.
The UN Charter
In 1941
Allies of World War
II signed the
Atlantic Charter
and accepted the principle of self-determination. In January 1942
twenty-six nations signed the
Declaration by United Nations,
which accepted those principles. The ratification of the
United Nations Charter in 1945 at
then end of World War II placed the right of self-determination
into the framework of international law and diplomacy.
- Chapter 1, Article 1, part 2 states that purpose of the UN
Charter is: “To develop friendly relations among nations based on
respect for the principle of equal rights and self-determination of
peoples, and to take other appropriate measures to strengthen
universal peace.”
- Article 1 in both the International
Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR). Both
read: “All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and
freely pursue their economic, social and cultural
development.”
- The United Nations Universal Declaration of
Human Rights article 15 states that everyone has the right to a
nationality and that no one should be arbitrarily deprived of a
nationality or denied the right to change nationality.
However, the charter and other resolutions did not insist on full
independence as the best way of obtaining
self-government, nor did they include an
enforcement mechanism. Moreover, nations were recognized by the
legal doctrine of
uti possidetis
juris, meaning that old administrative boundaries would become
international boundaries upon independence, even if they had little
relevance to linguistic, ethnic, and cultural boundaries.
Nevertheless, justified by the language of self-determination,
between 1946 and 1960, the peoples of thirty-seven new nations
freed themselves from colonial status in
Asia,
Africa, and the
Middle
East. The territoriality issue inevitably would lead to more
conflicts and independence movements within many nations and
challenges to the assumption that
territorial integrity is as important
as self-determination.
The
Soviet
Union
’s successful post-war efforts to turn Eastern Germany
and the countries of Eastern Europe into Soviet satellite states contrasted with
decolonization. The additional success of communists in
creating the People's Republic of China
led to the Cold War with
western nations. These nations became willing to support
authoritarian governments as long as they remained
anti-communist and began to suspect all
self-determinations movements of being communist-inspired or
controlled.
Thus the United States entered into a 10
year war in Vietnam
, taking over from French colonialists, and supported
Portugal
in its attempts to hold on to Angola
.
The
Soviet
Union
also violated principles of self-determination by
suppressing the Hungarian
revolution of 1956 and the Prague
Spring Czechoslovak reforms of 1968. It invaded Afghanistan to support
an increasingly unpopular communist government assailed by local
tribal groups.
The Cold War began to wind down after
Mikhail Gorbachev assumed power in March
1985. With the cooperation of U.S. president
Ronald Reagan, Gorbachev wound down the size
of the
Soviet Armed Forces and
reduced nuclear arms in Europe, while liberalizing the
economy. In 1989 in rapid
succession, communist regimes collapsed in Poland, Hungary,
Czechoslovakia, East Germany, and Romania. In December 1991,
Gorbachev resigned as president and the
Soviet Union
dissolved relatively peacefully into fifteen sovereign
republics, all of which rejected communism and most of which
adopted democratic reforms and free-market economies.
Yugoslavia began a much more violent
break up in 1990.
Current Issues
Since the early 1990s, the legitimatization of the principle of
national self-determination has led to an increase in the number of
conflicts within states, as sub-groups seek greater
self-determination and even full secession, and as their conflicts
for leadership within groups and with other groups and with the
dominant state become violent. The international reaction to these
new movements has been uneven and often dictated more by politics
than principle. The year 2000 United Nations Millennium Declaration
failed to deal with these new demands, mentioning only “the right
to self-determination of peoples which remain under colonial
domination and foreign occupation.”
In an
issue of Macquarie
University
Law Journal Associate professor Aleksandar Pavkovic
and Senior Lecturer Peter Radan outlined current legal and
political issues in self-determination. These include:
Defining "peoples"
There is not yet a recognized legal definition of "peoples" in
international law.
Vita Gudeleviciute of Vytautas
Magnus University
Law School, reviewing international law and UN
resolutions, finds in cases of non-self-governing peoples
(colonized and/or indigenous) and foreign military occupation "a
people" is the entire population of the occupied territorial unit,
no matter their other differences. In cases where people
lack representation by a state’s government, the unrepresented
become a separate people. Present international law does not
recognize ethnic and other minorities as separate peoples. Other
definitions offered are "peoples" being self-evident (from
ethnicity, language, history, etc.), or defined by "ties of mutual
affection or sentiment," i.e. "loyalty," or by mutual obligations
among peoples. Or the definition may be simply that a people is a
group of individuals who unanimously choose a separate state. If
the “people” are unanimous in their desire for self-determination,
it strengthens their claim. For example, the populations of federal
units of the Yugoslav federation were considered a people in the
breakup of Yugoslavia, even though some of those units had very
diverse populations. Libertarians who argue for self-determination
distinguish between the voluntary nation (the land, the culture,
the terrain, the people) and the state, the coercive apparatus,
which they have a right to choose or self-determine.
Self-determination versus territorial integrity
National self-determination challenges the principle of territorial
integrity (or
sovereignty) of states
because it is the will of the people that makes a state legitimate.
This implies a people should be free to choose their own state and
its territorial boundaries. However, there are far more
self-identified nations than there are existing states and there is
no legal process to redraw state boundaries according to the will
of these peoples.
Pavkovic and Radan describe three theories of international
relations relevant to self-determination.
- The realist theory of international relations insists that
territorial sovereignty is more important than national
self-determination. This policy was pursued by the major powers
during the Cold War.
- Liberal internationalism has become an alternative since that
time. It promotes the abolition of war among states as well as
increased individual liberty within states, and holds the expansion
of global markets and cross-border cooperation diminishes the
significance of territorial integrity, allowing for somewhat
greater recognition of greater self-determination of peoples.
- Cosmopolitan liberalism calls for political power to shift to a
world government which would make secession and change of
boundaries a relatively easy administrative matter. However, also
would mean the de facto end of self-determination of national
groups.
Allen Buchanan, author of seven books
on self-determination and secession, supports territorial integrity
as a moral and legal aspect of constitutional democracy. However,
he also advances a “Remedial Rights Only Theory” where a group has
“a general right to secede if and only if it has suffered certain
injustices, for which secession is the appropriate remedy of last
resort.” He also would recognize secession if the state grants, or
the constitution includes, a right to secede.
Vita Gudeleviciute holds that in cases of non-self-governing
peoples and foreign military occupation the principle of
self-determination trumps that of territorial integrity. In cases
where people lack representation by a state’s government, they also
may be considered a separate people, but under current law cannot
claim the right to self-determination. On the other hand, he finds
that secession within a single state is a domestic matter not
covered by international law. Thus there are no on what groups may
constitute a seceding people.
Methods of increasing minority rights
In order to accommodate demands for minority rights and avoid
secession and the creation of a separate new state, many states
decentralize or
devolve greater decision-making power to new or
existing subunits or even
autonomous
areas. More limited measures might include restricting demands
to the maintenance of national cultures or granting non-territorial
autonomy in the form of national associations which would assume
control over cultural matters. This would be available only to
groups that abandoned secessionist demands and the territorial
state would retain political and judicial control, but only if
would remain with the territorially organized state.
Self-determination versus majority rule/equal rights
Pavković explores how national self-determination, in the form of
creation of a new state through secession, could override the
principles of
majority rule and of
equal rights, which are primary liberal
principles. This includes the question of how an unwanted state can
be imposed upon a minority. He explores five contemporary theories
of secession. In “anarcho-capitalist” theory only landowners have
the right to secede. In communitarian theory, only those groups
that desire direct or greater political participation have the
right, including groups deprived of rights, per Allen Buchanan. In
two nationalist theories, only national cultural groups have a
right to secede. Australian professor Harry Beran’s democratic
theory endorses the equality of the right of secession to all types
of groups. Unilateral secession against majority rule is justified
if the group allows secession of any other group within its
territory.
Constitutional law
Most sovereign states do not recognize the right to
self-determination through secession in their constitutions. Many
expressly forbid it. However, there are several existing models of
self-determination through greater autonomy and through
secession.
In liberal constitutional democracies the principle of
majority rule has dictated whether a minority
can secede. In the United States
Abraham
Lincoln acknowledged that secession might be possible through
amending
the
United States
Constitution.
The Supreme
Court
in Texas v White, held
secession could occur "through revolution, or through consent of
the States." The British
Parliament
in 1933 held that Western Australia
only could secede from Australia upon vote of a
majority of the country as a whole; the previous two-thirds
majority vote for secession via referendum in Western Australia was
insufficient.
The
Chinese Communist Party
followed the Soviet Union in including the right of secession in
its 1931 constitution in order to entice ethnic nationalities and
Tibet into joining. However, the Party eliminated the right to
secession in later years, and had anti-secession clause written
into the Constitution before and after the founding the People's
Republic of China.
The 1947 Constitution of the Union of Burma
contained an express state right to secede from the
union under a number of procedural conditions. It was
eliminated in the 1974 constitution of the Socialist Republic of
the Union of Burma (officially the “Union of Myanmar”). Burma still
allows “local autonomy under central leadership.”
As of
1996 the constitutions of Austria, Ethiopia
, France, Singapore
, Saint Kitts and Nevis
Republics
have express or implied rights to secession.
Switzerland
allows for the secession from current and the
creation of new cantons. In the case of
proposed Quebec
separation
from Canada the Supreme Court of Canada
in 1998 ruled that only both a clear majority
of the province and a constitutional amendment confirmed by all
participants in the Canadian federation could allow
secession.
The 2003 draft of the
European Union
Constitution allowed for the voluntary withdrawal of member
states from the union. There was much discussion about such
self-determination by minorities before the final document
underwent the unsuccessful ratification process in 2005.
Drawing new borders
Once groups exercise self-determination through secession, the
issue of the proposed borders may prove more controversial than the
fact of secession. The bloody Yugoslav wars in the 1990s were
related mostly to borders issues because the international
community applied a version of
uti
possidetis juris in transforming existing internal borders of
the various Yugoslav republics into international borders, despite
the conflicts of ethnic groups within those boundaries. The
northern two-thirds of Quebec already has made it clear it will
resist by force being incorporated into a Quebec nation.
The
border between Northern
Ireland
and the Irish Free
State was based on the borders of existing counties and did not
include all of historic Ulster. A
Boundary Commission was established to consider re-drawing it. Its
proposals, which amounted to a small net transfer to Northern
Ireland, were leaked to the press and then not acted upon. In
December 1925, the governments of the Irish Free State, Northern
Ireland, and the United Kingdom agreed to accept the existing
border. Most Irish Nationalists and Irish Republicans claim all of
Northern Ireland and are not particularly interested in new
borders.
Current movements
For past movements see
list of
historical autonomist and secessionist movements and
lists of decolonized
nations. Also see
list of autonomous areas by
country and
list of
territorial autonomies and
list of
active autonomist and secessionist movements.
Abkhazia and South Ossetia
Australia
Recently (2003 onwards), self-determination has become the topic of
some debate in Australia in relation to Aborigines (indigenous
Australians). In the 1970s, the Aboriginal community approached the
Federal Government and requested the right to administer their own
communities. This encompassed basic local government functions,
ranging from land dealings and management of community centres to
road maintenance and garbage collection, as well as setting
education programmes and standards in their local schools.
Balochistan province
Since
1948, Baloch nationalists in
Pakistan
, Iran
, and
Afghanistan
have been seeking independence as a separate state
for the Baloch people from elements
outside the country. The movement has culminated in several
armed uprisings in both Pakistan and Iran, that have been crushed,
especially during the 1970s.
The movement is strongest in Balochistan
, where it is led by the Balochistan Liberation Army and
the Baloch Students
Organization.
Basque Country
The
Basque Country ( , , ) as a cultural region (not to be confused with the
homonym Autonomous Community of
the Basque country
) is a European region in the
western Pyrenees
that spans the border between France
and Spain
, on the
Atlantic
coast. It comprises the autonomous communities of
the Basque Country
and Navarre
in Spain
and then
the Northern Basque Country
in France
.Since
the 19th century,
Basque
nationalism has demanded the right of some kind of
self-determination . This desire for independence is particularly
stressed among
leftist Basque
nationalists. The right of self-determination was asserted by the
Basque Parliament in 1990, 2002
and 2006.Since self-determination is not recognized in the
Spanish Constitution of 1978,
some Basques abstained and some even voted against it in the
referendum of December 6 of that year. However, it was approved by
a clear
majority at the Spanish level, and
simple majority at Navarrese and Basque levels. The derived
autonomous regimes for the BAC was approved in later referendum but
the autonomy of Navarre (
amejoramiento del fuero:
"improvement of the charter") was never subject to referendum but
just approved by the Navarrese Cortes (parliament).There are not
many sources on the issue for the French Basque country.
Euskadi Ta Askatasuna
(ETA) or
ETA ( ; ), is an armed
Basque nationalist and
separatist organization. Founded in 1959, it
evolved from a group advocating traditional cultural ways to a
paramilitary group with the goal of
Basque independence. Its
ideology is Marxist-Leninist.
Biafra
Biafra Republic was first declared in 1967 by Lt. Col Chukwuemeka
Odumegwu Ojukwu but the state could only survive for 30 months
during which Nigerian government fought the break-away republic to
annex it. Over 3 million Igbos lost their lives in the ensuing
war.
In 1999, a new group of activists formed an organization Movement
for the Actualization of the Sovereign Republic of Biafra (MASSOB).
Various other other groups have been formed with similar
agenda.
Catalan Countries
Països
Catalans
(in catalan, often literally
translated into English as Catalan Countries) refers to
the territories where Catalan
language was historically spoken.These territories in
the past were in the, talking in contemporary terms, Confederation
of the Crown of Aragon (which
included the Kingdom
of Aragon
, the Kingdom of
Valencia, the Kingdom of
Majorca, Sicily, Malta
and
Sardinia, and for a brief period, Provence, the Kingdom
of Naples, the Duchy of
Neopatria, and the Duchy of
Athens.).
Nowadays
there are a lot of movements which supports the independence of Catalan Countries
from Spain
and
France
. Some
of the politic parties of Catalonia, Valencian community, and
Balear islands that follow this idea are
Republican Left of Catalonia
and
Republican
Left of the Valencian Country,
Estat Català, Partit Republicà Català,
Popular Unity Candidates,
Valencian Nationalist Bloc, Bloc
per Mallorca, etc. Furthermore, there are some other Catalan groups
and movements that want the independence of Catalan Countries, such
as: Sobirania i Progrés, Deu Mil per l'autodeterminació, Catalunya
Estat Lliure , Sobirania Valenciana , etc.All these political
parties and movements follow a non-violence way to express their
ideas.
Chechnya
Under Dzhokkar Dudayev, Chechnya declared independence as the
Chechen Republic of
Ichkeria, using self-determination, Russia's history of bad
treatment of Chechens, and a history of independence before
invasion by Russia as main motives.
Russia has now reinvaded Chechnya, but
the separatist government functions still in exile, though it has
been split into two entities: the Achmed Zakayev-run pro-Russian
Chechen Republic (based in Poland
, the
UK
and the US
), and the
Islamic Caucasus Emirate.
Germany
Under conditions of peace and in democratic state the focus of
German public addresses weaker topics, as especially the
Rights
of informational self determination. This is a new topic in
the context of surveillance of public areas and surveillance at
work .
Israel and Palestine
The right to self-determination as outlined in
public international law is often
referenced by both sides in the ongoing
Israel-Palestinian
conflict.
Jammu and Kashmir
There is
a democratic movement for independence from Indian rule
led by the Hurriyat
Conference in India Administered Kashmir
. The pro-freedom groups demand that a free
and impartial
plebiscite under the aegis
of the
United Nation as per the
United
Nation resolutions on Kashmir be applied.
And that, the
UN Resolution can peacefully and
permanently solve the Kashmir
conflict in order to restore peace in the region and put an end
to nearly 60 years of mayhem in Kashmir
. Some groups have even suggested that a
third option of Independence be added in order to update the 'old'
Resolution.
UN
Resolution 47 has only two options, namely union with India
and union
with Pakistan
.
Kosovo
Kosovo
is a
largely ethnic-Albanian
nation (Albanians 88%, Serbs 6%, Bosniaks 3%, Roma
2%, Turks 1%), which seeks independence on territories long held by
ethnic Serbs, including as part of Yugoslavia. Conflict between the
two culminated in the 1996-1999 Kosovo
War between the Kosovo
Liberation Army (KLA) and the then Federal
Republic of Yugoslavia
led by Slobodan Milošević.
This
culminated in the 1999 United States
/NATO
attacks
on Serbia, withdrawal of Serbian troops and entry of the NATO
Kosovo Force. International
negotiations to determine the final status of Kosovo were
unsuccessful. On 17 February 2008, 109 members (10 members
including all Kosovo Serbs were absent) of the
Kosovo Assembly voted unanimously for a
unilateral declaration of independence. Serbia rejected the
decision. Kosovo is independent, supervised by the international
community following the conclusion of the political process to
determine Kosovo’s final status envisaged in UN Security Council
Resolution 1244. See the
2008 Kosovo declaration
of independence. In February 2008 Europe's major powers and the
United States recognised independence of Kosovo. As of November
2009, the independence of Kosovo has been recognized by
countries.
Kurdistan
Kurdistan
is the land of the Kurdish people of the middle east.
The
territory is currently part of 4 states Turkey
, Iraq
, Syria
and Iran
.
There are Kurdish self determination movements in each of the 4
states. Iraqi Kurdistan has to date achieved the largest degree of
self-determination through the formation of the
Kurdistan Regional Government,
an entity recognised by the Iraqi Federal Constitution.
Although the right of the creation of a Kurdish state was
recognized following
World War I in the
Treaty of Sèvres, the treaty
was then annulled by the
Treaty of
Lausanne. To date two separate Kurdish republics and one
Kurdish Kingdom have declared sovereignty.
The Republic of Ararat (Northern
Kurdistan/Eastern Turkey), the Republic of Mehabad
(Eastern Kurdistan/Iranian Kurdistan) and the
Kingdom of
Kurdistan
(Southern Kurdistan/Northern Iraq), each of these
fledgling states was crushed by military intervention. The
Patriotic Union of
Kurdistan which currently holds the
Iraqi presidency and the
Kurdistan Democratic Party which
governs the
Kurdistan
Regional Government both explicitly commit themselves to the
development of Kurdish self-determination.
New Zealand
Secession
movements have surfaced several times in the South Island
of New
Zealand
. The
Prime Minister of New Zealand,
Sir
Julius Vogel, was among the first
people to make this call, which was voted on by the
Parliament of New Zealand as early
as 1865.
The desire for South Island independence was
one of the main factors in moving the capital of New Zealand from
Auckland
to Wellington
that year.
The
South Island Party with a
pro-South agenda, fielded candidates in the
1999 General Election and
a new
South Island Party
was formed before the
2008 General Election.
Today, the question of South Island Independence remains publicly
debated but is not a political issue.
South Africa
Southern Cameroons/Ambazonia
Southern Cameroons today makes up the two
English-speaking regions of the Republic of Cameroun
, the North West and South West regions.
The
people of Southern Cameroons' claim to self-determination arises
out of their allegations that the Republic of Cameroun
forcefully annexed their territory by the 1961 take
over of the territory and the 1972 dissolution of the federation in
favor of a Unitary
Republic of Cameroon
. Southern Cameroons scored a victory in
a legal battle against the Republic of Cameroon when the African
Commission for Human and Peoples' Rights found that there were
unresolved issues with the constitutional structure of the Republic
of Cameroon vis-a-vis Southern Cameroons. More importantly, the
African Commission found that contrary to the claims of the
Republic of Cameroon, the people of Southern Cameroons are indeed a
"people" under the African Charter and broad international law with
the inalienable right to determine their destiny.
Southern Sudan
Southern
Sudan
reached a peace agreement with Sudan
in
2005. It contains
a referendum
for self-determination in 2011.
Tamil Eelam and Sri Lanka
The
Sri Lankan Tamils people seek
self determination due to ethnic pogroms and discrimination by the
majority Sinhala government’s discrimination in language,
education, jobs, and civil liberties. The early non violent
protests developed into a violent confrontation with the state and
eventual civil war. Tamil independence advocates argue that former
sovereignty of Tamils in their north eastern homeland that was lost
during colonialism should be re-instated to meet Tamil
aspirations.
Taiwan
Taiwan is the focus of a self-determination dispute in the
East Asia region.
The government of the People's
Republic of China
claims the entirety of Taiwan as its
territory. However, Taiwanese independence advocates
argue that there is no legal claim to Taiwan, as no legally binding
treaty ever transferred sovereignty to China following World War
II, an assertion that both the People's
Republic of China
and the Republic of China
disagree with. At the same time, the
de facto government of Taiwan, the Republic of
China
still has not formally withdrawn its claims to the
mainland and several other areas.
Tibet
There is a strong movement, especially from the Tibetan
diaspora, for self-determination of the Tibet
region. The movement is strongly opposed by the People's Republic
of China.
Turkish Cypriots
Since
Turkey's invasion and continued occupation of Cyprus in 1974,
following ethnic clashes and turmoil on the island, an
administration recognized by Turkey
only was
declared in 1983 - the Turkish
Republic of Northern Cyprus
. It is questionable whether it was the
Turkish Cypriot community who
claimed the right of self-determination in ending their partnership
with the Republic of
Cyprus
, given that they were greatly out-numbered by the
Turkish settlers who were brought to the area by
Turkey.
United States
The colonization of the North American continent and its
Native American
population has been the source of legal battles since the early
1800s. Surviving Native Americans have been resettled onto separate
tracts of land (
reservations),
which have been given a certain degree of
autonomy within the United States federal
government.
The
Chicano Movement (or
Chicano nation) seeks to recreate
Aztlán, the legendary homeland of the
Aztecs comprising the
Southwestern United States which
is home to the majority of
Mexican
Americans.
There is
an active Hawaiian
sovereignty movement which aims at reversing the overthrow of
the Hawaiian monarchy in the late 19th century, which resulted in
the incorporation of Hawai'i
into the United States.
Since 1972, the U.N. Decolonization Committee has called for
Puerto Rico's decolonization and for the
U.S. to recognize the island's right to self-determination and
independence. In 2007 the Decolonization Subcommittee called for
the
United Nations
General Assembly to review the political status of Puerto Rico,
a power reserved by the 1953 Resolution. This follows the 1967
passage of a
plebiscite act that provided
for a vote on the status of Puerto Rico with three status options:
continued commonwealth, statehood, and independence. In the first
plebscite the commonwealth option won with 60.4% of the votes but
U.S. congressional committees failed to enact legislation to
address the status issue. In subsequent plebiscites in 1993 and
1998, the status quo was upheld.
Many current U.S.
state,
regional and city secession groups use the language of
self-determination. A 2008
Zogby
International poll revealed that 22% of Americans believe that
"any state or region has the right to peaceably secede and become
an independent republic."
See also
References
Books
- Danspeckgruber, Wolfgang F., ed. The Self-Determination of
Peoples: Community, Nation, and State in an Interdependent
World, Boulder: Lynne
Rienner Publishers, 2002.
- Danspeckgruber, Wolfgang F., and Arthur Watts, eds.
Self-Determination and Self-Administration: A Sourcebook,
Boulder: Lynne Rienner
Publishers, 1997.
- Allen Buchanan, Justice, Legitimacy, and
Self-Determination: Moral Foundations for International Law (Oxford
Political Theory), Oxford
University Press, USA, 2007.
- Annalisa Zinn, Globalization and Self-Determination (Kindle
Edition), Taylor &
Francis, 2007.
- Marc Weller, Autonomy, Self Governance and Conflict
Resolution (Kindle Edition), Taylor & Francis, 2007.
- Valpy Fitzgerald, Frances Stewart, Rajesh Venugopal (Editors),
Globalization, Violent Conflict and Self-Determination,
Palgrave Macmillan, 2006.
- Joanne Barker (Editor), Sovereignty Matters: Locations of
Contestation and Possibility in Indigenous Struggles for
Self-Determination, University of Nebraska Press,
2005.
- David Raic, Statehood and the Law of Self-Determination
(Developments in International Law, V. 43) (Developments
in International Law, V. 43), Springer, 2002.
- Y.N. Kly and D. Kly, In pursuit of The Right to
Self-determination, Collected Papers & Proceedings of the
First International Conference on the Right to Self-Determination
& the United Nations, Geneva 2000, G E N E V A 2000, preface by
Richard Falk, Clarity Press, 2001.
- Antonio Cassese, Self-Determination of Peoples: A Legal
Reappraisal (Hersch Lauterpacht Memorial Lectures), Cambridge University Press,
1999.
- Percy Lehning, Theories of Secession, Routledge,
1998.
- Hurst Hannum, Autonomy, Sovereignty, and
Self-Determination: The Accommodation of Conflicting Rights,
University of
Pennsylvania Press, 1996.
External links
- The
Liechtenstein Institute on Self-Determination, Princeton
University
- United Nations General Assembly Resolution
1514(XV). "Declaration on the Granting of Independence to Colonial
Countries and Peoples"
- United Nations Charter.
- Text of International Covenant on Civil and Political
Rights.
- Text of International Covenant on Economic, Social and
Cultural Rights.
- Self Determination in Focus, Foreign Policy In Focus
self-determination papers site.
- Andrei Kreptul, The
Constitutional Right of Secession in Political Theory and
History, Journal of
Libertarian Studies, Ludwig von Mises Institute,
Volume 17, no. 4 (Fall 2003), pp. 39–100.
- Jacob T. Levy, Self-Determination, Non-Domination, and
Federalism, published in Hypatia: A Journal of Feminist
Philosophy.
- The Right of Nations to Self-Determination
V. I. Lenin February-May 1914.
- Parliamentarians for National Self-Determination
Unofficial page for London based Parliamentary lobby group.
- Self Determination - International Law and Practise
collated and sequenced by Nadesan Satyendra.
- The
Center for World Indigenous Studies.