Issue: Right of Peoples to Self-Determination Including Peoples in Regions in the European Union

Transcription

1 Forum: General Assembly Issue: Right of Peoples to Self-Determination Including Peoples in Regions in the European Union Student Officer: Uğur Ünal Position: Co Chair Introduction The right of peoples to self-determination is a pillar of contemporary international law. Since the entry into force of the United Nations charter in 1945, it has constituted the legal and political basis of the process of decolonization, which witnessed the birth of over 60 new states in the second half of the twentieth century. This was a historic victory even if it coincided with the will of certain great powers to break up the exclusive preserve of colonial (primarily European) empires of the time. During the later decades, several dozen countries were created on this basis, concretizing the right to self-determination of peoples officially considered colonized or not. In fact, the right to self-determination can be manipulated by several powers (regional or international) or by powerful private interests. Thus, a new country can be created and recognized by a single other country or by a group of countries. In other words, one must treat the right to self-determination with great care. At the end of World War One The "Fourteen Points" statement was given on January 8, 1918 by United States President Woodrow Wilson. That statement created a term, Wilsonianism, which is a word used to describe a certain type of ideological perspectives on foreign policy. Definition of Key Terms Self-Determination Self-determination denotes the legal right of people to decide their own destiny in the international order. Self-determination is a core principle of international law, arising from customary international law, but also recognized as a general principle of law, and enshrined in a number of international treaties. For instance, self-determination is protected in the United Nations Charter and the International Covenant on Civil and Political Rights as a right of all peoples. Types of Self Determination Internal self-determination; M. C van Walt van Praag and O. Seroo in their report and analysis of the International Conference of Experts on the Implementation of Right to Self

2 -Determination as a contribution to conflict prevention held in Barcelona, from November 1998 succinctly explained as follows: By Internal selfdetermination is meant participatory democracy; the right to decide the form and identity of rulers by the whole population of a State and the right of a particular group within the State to participate in decision making at the State level. Internal self-determination can also mean that right to exercise cultural, linguistic, religious or (territorial) political autonomy within the boundaries of the existing state. By external self-determination (described by some as full self -determination ) is meant the right to decide on the political status of a people and its place on the International community in relation to other states including the right to separate from the existing states of which the group concerned is a part, and to set up a new independent state. In other words, Internal self-determination can take the form of participatory democracy, federalism, confederalism, unitarism, regionalism, local government, selfgovernment within the existing state or any other arrangement that accord with the wishes of the people but compatible with the sovereignty and territorial integrity of the existing state. External self-determination; It can take the form of independence or separation or secession or selfgovernment outside the existing state, or any other association that accord with the wishes of the people, which may not be compatible with the sovereignty and territorial integrity of the existing state. Thus, the United Nations Resolution 2625 (XXV) provides that: The establishment of a sovereign and independent state, the free association or integration with an independent state, or the emergence into any other political status freely determined by a people constitutes mode of implementing the right self-determination by that people. International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 3 January It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right

3 to an adequate standard of living. As of 2014, the Covenant had 162 parties. A further seven countries, including the United States of America, had signed but not yet ratified this Covenant. The ICESCR is part of the Declaration on the Granting of Independence to Colonial Countries and Peoples, International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols. This Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights. African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia. A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples' Rights was to be created. The protocol came into effect on 25 January Declaration on the Granting of Independence to Colonial Countries and Peoples The Declaration on the Granting of Independence to Colonial Countries and Peoples was a milestone in the process of decolonization. Also known as the United Nations Resolution 1514, it was adopted by the UN General Assembly on December 14, Eighty-nine countries voted in favor, none voted against, and nine abstained: Australia, Belgium, Dominican Republic, France, Portugal, Spain, Union of South Africa, United Kingdom, and United States. Except for the Dominican Republic, the rest of those countries that abstained were major colonial powers. In 2000, on the occasion of the 40th anniversary of Resolution 1514, UN General Assembly adopted Resolution 55/146 that declared the Second International Decade for the Eradication of Colonialism. This follows on from having been the International Decade for the Eradication of Colonialism. Background Information In the years after World War II, through the decolonization process and up to the present international legal order, international and regional organizations have drawn up legal instruments which have accentuated self-determination from a mere a principle to a right in international law. A. Article 2 of the United National Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly Resolution 1514(XV) of 14 December 1960:

4 All Peoples have the right to self-determination, by virtue of economic, social and cultural development. B. Programme of Action for the Full Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly Resolution 2621(XXV): Reaffirming that all peoples have the right to self determination and independence and that the subjugation of the peoples to alien domination constitutes a serious impediment to the maintenance of international peace and security and the development of peaceful relations among nations. C. Article 1 of the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 1 of United Nations International Covenant on Civil and Political Rights (ICCPR), all of 1966: 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. D. United Nations Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Chapter of the United Nations (General Assembly Resolution 2625 (XXV) of 25 October 1970): By virtue of the principle of equal rights and self -determination of peoples enshrined in the Chapter, 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 provisions of the Charter. E. Conference on Security and Co-operation in Europe (CSCE), Helsinki Final Act, August1, 1975: By virtue of equal rights and self-determination of peoples, all people always have the right, freedom to determine, when and as they wish, their internal and external political status, without external interferences and to pursue as they wish their political, economic, social and cultural development. F. African Charter of Human and People s Rights, 1981: Article 19 Nothing shall justify the domination of a people by another. Article 20 All peoples shall have right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine

5 their political status and shall pursue their economic and social development according to the policy they have freely chosen. G. Vienna Declaration and Programme of Action, 1993: All peoples have the right to self-determination. By virtue of that right they freely determine their political status, and freely pursue their economic, social and cultural development. H. Universal realization of the right of peoples to self-determination UN Res 68/153 on Dec 18, 2013 " Importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights." I. Organization for Security and Co-operation in Europe (OSCE), Charter of Paris for a New Europe, 1994: We affirm the equal rights of peoples and their right to self-determination in conformity with the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of states. It should be noted that the above-stated international instruments providing for right to selfdetermination are founded on the principles of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations, 1945 particularly Articles 1 and 55 thereof. It is also worthy to note that treaties and resolutions of United Nations or regional organizations are exhortatory in nature and are only binding on state parties by the fact of domestication or of crystallization into customary international law such treaties or resolutions crystallize into customary international law by virtue of state (international and regional organizations inclusive) practice coupled with Opinion juries sieve necessitates which in the words of M.N Shaw, simply means the belief by a state that behaved in a certain way that it was under a legal obligation to act that way. It is submitted that once the treaties or resolutions have crystallized into customary international law, they become directly binding on state parties without a need for domestication.

6 Situation at European Countries Since the referendum at United Kingdom for independence of Scotland, even though result of that referendum was negative, other autonomous countries especially which ones at European region started to try to be independent countries instead of being stuck under the management of countries which they are under. And this situation is one of the main reason of our issue. Flanders and Catalonia are two examples of this situation. Catalonia wants a referendum like the one at Scotland issue and self determine their countries future with the majorities ideas.on the other hand Flanders is a Flemish country which covers a big part of Belgium also wants to self determine their future and be an independent country. United Nations list of Non-Self-Governing Territories The United Nations list of Non-Self-Governing Territories is a list of countries that, according to the United Nations, are colonized. The list was initially prepared in 1946 pursuant to Chapter XI of the United Nations Charter, and has been updated by the General Assembly on recommendation of the Special Committee on Decolonization and its predecessors. Only permanently inhabited territories are considered for inclusion in this list, excluding many remote atolls and Southern Ocean territories (e.g. French Southern and Antarctic Lands and Heard Island and McDonald Islands).The list contains 17 entries.(western Sahara, Saint Helena, Ascension and Tristan da Cunha, Bermuda, Falkland Islands, Anguilla, British Virgin Islands, Cayman Islands, Montserrat, Turks and Caicos Islands, United States Virgin Islands, Gibraltar, American Samoa, French Polynesia, Guam, New Caledonia, Pitcairn Islands, Tokelau)

7 Timeline Of Events Date Description of event 1916 Self-determination addressed in Lenin's Imperialism, the Highest Stage of Capitalism 1918 Self-determination addressed in Wilson's Fourteen Points 1919 Versailles Treaty stresses right to self-determination and minority rights 1919 Pan-African Congress demands right to self-determination in colonial possessions 1920s National Congress of British West Africa in Accra, to promote selfdetermination 1945 The entry of self determination issue into force of the United Nations' charter 1960s In Africa 17 countries secure right to self-determination, as do countries elsewhere 2 November 1969 The American Convention on Human Rights, also known as the Pact of San José, was adopted by many countries 1 August 1975 The Helsinki Final Act was adopted 1981 The African Charter of Human and Peoples Rights was adopted Possible Solutions Although the UN and the international community have taken many actions to recognize the right to self-determination and assist former colonies, problems still persist that affect millions of people and lead to violence. There are 3 areas regarding the struggle for self-determination in which this committee can take action. Question of Palestine The struggle of the Palestinian people for self-determination has been a controversial issue as old as the UN itself. In 2012, the General Assembly adopted resolutions 67/19 on the Peaceful settlement of the question of Palestine and 67/23 on the Status of Palestine in the United Nations. How can the international community aid Palestinians in their struggle

8 for self-determination without threatening Israel and the stability of the Middle East? Can Palestine be admitted to the United Nations as member even if its membership is opposed by the United States? Minority Groups From Tibet to Chechnya to North America, minority groups around the world struggle for self-determination. They struggle to preserve their cultural identity, to govern themselves, or to declare their own independence. Can the international community help minority groups achieve self-determination? Or does this pose a threat to the countries in which these groups reside? Decolonization Many former colonies and territories have achieved self-determination and statehood, but they still struggle to govern themselves, oftentimes facing instability and insecurity. Can the international community help these countries realize their dreams of self-determination? The right to self-determination is an important human right that goes straight to the heart of what it means to be a people and what it means to be a state. At the same time, the struggle for this right must be balanced against the national security of states. If a balance is not found, then millions will continue to struggle and face strife and violence. Bibliography Determination.pdf DETERMINATION_IN_THE_PRESENT_INTERNATIONAL_LAW

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