** NON-SELF-GOVERNING PEOPLES ** INDIGENOUS PEOPLES RIGHT TO SELF-DETERMINATION

Transcription

1 RIGHT TO SELF-DETERMINATION ** NON-SELF-GOVERNING PEOPLES ** INDIGENOUS PEOPLES

2 What Is the Next Step? * The Native Hawaiian People Must Gather Together to Determine the Form of Governance for the Native Hawaiian Nation. * Through Elected Representatives? * How S\1ould this Event Be Organized and Funded? * Is It Appropriate for the State and/or the Federal Governments and/or the Office of Hawaiian Affairs to Provide Funding? These bodies all receive revenues and benefits from the lands claimed by the Native Hawaiian People, so it_~ould_ap-p-ear 10gicaltQ~r some of their revenues to be used to assist the self-determination process of the Native Hawaiian People.

3 DECLARATION ON PRINCIPLES OF INTERNATIONAl LAW CONCERNING FRIENDLY RELATIONS AND CO-OPERATION AMONG STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS (1970) * * * * * NOTHING IN THE FOREGOING PARAGRAPHS SHALL BE CONSTRUED AS AUTHORIZING OR ENCOURAGING ANY ACTION WHICH WOULD DISMEMBER OR IMPAIR, TOTALLY OR IN PART, THE TERRITORIAL INTEGRITY OR POLITICAL UNITY OF SOVEREIGN AND INDEPENDENT STATES CONDUCTING THEMSELVES IN COMPLIANCE WITH THE PRINCIPLE OF EQUAL RIGHTS AND SELF DETERMINATION OF PEOPLES AS DESCRIBED ABOVE AND THUS POSSESSED OF A GOVERNMENT REPRESENTING THE WHOLE PEOPLE BELONGING TO THE TERRITORY WITHOUT DISTINCTION AS TO RACE, CREED OR COLOR.

4 DECLARATION ON PRINCIPLES OF INTERNATIONAl LAW CONCERNING FRIENDLY RELATIONS AND CO-OPERATION AMONG STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS (1970) * * * * * THE PRINCIPLE OF EQUAL RIGHTS AND SELF-DETERMINATION OF PEOPLES BY VIRTUE OF THE PRINCIPLE OF EQUAL RIGHTS AND SELF DETERMINATION OF PEOPLES ENSHRINED IN THE CHARTER, ALL PEOPLES HAVE THE RIGHT FREELY TO DETERMINE, WITHOUT EXTERNAL INTERFERENCE, THEIR POLITICAL STATUS AND TO PURSUE THEIR ECONOMIC, SOCIAL AND CULTURAL DEVELOPMENT, AND EVERY STATE HAS THE DUTY TO RESPECT THIS RIGHT IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER. * * * * *

5 Is There a Right Under International Law to Secede? No U.N. General Assembly Declaration on Friendly Principles (If the "People" Have Full Rights of Political Participation) Yes -- Examples of Secession/Separation Czechoslovakia Soviet Union Yugoslavia Ethiopia - Eritria Bangladesh Panama (Colombia) Malaysia - Singapore ----Indonesia - East Timor----- Examples of Mergers European Union Germany Yemen CNMI-U.S. NAFTA

6 Can the Right to Self-Determination Be Exercised More Than Once? No -- Bush Administration Position Re CNMI in Sablan Case (March 1990) Yes - If the People Remain in a N on Self-Governing Status, They Continue to Have the Right to Self Determination '~C-o-ntract-to-B-eco-me-a-Sla e-is---- Unenforceable)

7 1960 DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES RIGHT TO SELF-DETERMINATION INCLUDES: ** RIGHT TO BE FREE OF "ALIEN SUBJUGATION, DOMINATION AND EXPLOIT A TION" ** RIGHT TO "FREELY DETERMINE THEIR POLITICAL STATUS AND FREELY PURSUE THEIR ECONOMIC, SOCIAL AND CULTURAL DEVELOPMENT" RESOLUTION 1541 (XV) (1960) ** SELF-DETERMINATION MUST RESULT FROM "A FREE AND VOLUNTARY CHOICE" ** SELF-DETERMINATION MUST RESULT IN: * INDEPENDENCE * FREE-ASSOCIATION * INTEGRATION

8 THE RIGHT OF THE INDIGENOUS CHAMORRO PEOPLE TO SELF DETERMINATION: SECTION 102(a)--"THE CONGRESS RECOGNIZES THE INALIENABLE RIGHT OF SELF-DETERMINATION OF THE INDIGENOUS CHAMORRO PEOPLE OF GUAM, DEFINED AS ALL THOSE BORN ON GUAM BEFORE AUGUST 1, 1950, AND THEIR DESCENDANTS." SECTION 102(f) (i)--authorizes THE ESTABLISHMENT OF A "CHAMORRO LAND TRUST," COMPOSED OF LANDS NOW HELD BY THE FEDERAL GOVERNMENT, WHICH IS DESIGNED TO BE FOR THE BENEFIT OF lithe INDIGENOUS CHAMORRO PEOPLE OF GUAM. II

9 GUAM DRAFT COMMONWEALTH ACT RECOGNIZES THE TWO SEPARATE CLAIMS TO SELF-DETERMINATION. THE RIGHT OF THE PEOPLE OF GUAM TO SELF-DETERMINATION: SECTION l02(b)--all QUALIFIED RESIDENTS OF GUAM HA VE THE RIGHT TO PARTICIPATE IN ANY REFERENDUM TO BE HELD ON GUAM'S STATUS.

10 Self-Sufficiency * Land - and offshore ocean resources * Water * Resource Base - Commercially Viable Assets * Political Autonomy * Cultural Integrity - Traditional and Customary Rights ** Gathering ** Access *_*----"""'R~eligiouB * Control of Education