The right of people to self-determination is a central principle in modern international law (generally regarded as a jus cogens rule), binding, thus, to the United Nations as an authoritative interpretation of Charter norms. It states that people, based on respect for the principle of equal rights and equality of opportunity, have the right to freely choose their sovereignty and international political status without interference.
This concept was first expressed in the 1860s, and spread rapidly thereafter. During and after World War I, this principle was encouraged by Vladimir Lenin and the President of the United States, Woodrow Wilson. Having declared his Fourteen Points on January 8, 1918, on 11 February 1918 Wilson declared: "National aspirations must be respected: people can now be dominated and governed only by their own accord." Self-determination 'is not a mere expression; this is the principle of imperative action. "
During World War II, the principle was incorporated into the Atlantic Charter, signed on August 14, 1941, by Franklin D. Roosevelt, President of the United States, and Winston Churchill, the Prime Minister of the United Kingdom, who pledged the eightfold points of the Charter. It is recognized as an international legal right after being explicitly registered as a right in the UN Charter.
The principle does not state how decisions should be made, or what outcomes should be, whether it is independence, federation, protection, some form of autonomy or full assimilation. Neither does it state what distinguishes between people should be - or what people are. There are conflicting definitions and legal criteria to determine which group legally claims the right to self-determination.
With the extension the term self-determination has become the mean free choice of self-action without external coercion.
Video Self-determination
Histori
Pra-20th century
Origins
Employing imperialism, through the expansion of the empire, and the concept of political sovereignty, as developed after the Treaty of Westphalia, also explain the emergence of self-determination during the modern era. During, and after, the Industrial Revolution, many groups of people recognized their history, geography, language, and customs. Nationalism emerges as an ideology that unites not only between competing forces, but also for groups that feel subdued or disarmed within larger states; in this situation, self-determination can be seen as a reaction to imperialism. Such groups often pursue independence and sovereignty over territory, but sometimes different sense of autonomy has been pursued or achieved.
Empires
The world has several traditional kingdoms, continents such as Ottoman, Russian, Austrian/Habsburg, and Qing Empire. Political scientists often define competition in Europe during the Modern Era as a balance of power struggles, which also encouraged various European countries to pursue colonial empires, beginning with Spain and Portugal, and later including Britain, France, Holland and Germany. During the early 19th century, competition in Europe resulted in many wars, especially the Napoleonic Wars. After this conflict, the British Empire became dominant and entered the "century of the empire", while nationalism became a strong political ideology in Europe.
Then, after the Franco-Prussian War of 1870, "New Imperialism" was released with France and later Germany established colonies in Asia, the Pacific, and Africa. Japan also emerged as a new power. Some cinema competitions are developed worldwide:
- Africa: some European countries compete for colonies in the "Contest for Africa";
- Central Asia: Russia and Britain compete for dominance in "Great Game"
- East Asia: colonies and various areas of influence were formed, mostly harming the Qing Empire.
The Ottoman Empire, the Austrian Empire, the Russian Empire, the Qing Empire and the new Japanese Empire defended themselves, often extending or shrinking at the expense of other empires. All neglected ideas about self-determination for those who are organized.
The rebellion and the rise of nationalism
The rebellion of the New World's British colonies in North America, during the mid-1770s, has been seen as the first statement of national and democratic right of self-determination, due to the explicit demands of natural law, human natural rights, and consent, and sovereignty by, regulated people; these ideas were inspired primarily by the writings of the enlightened John Locke of the previous century. Thomas Jefferson further promotes the idea that the will of the people is the highest, especially through the authors of the Declaration of Independence of the United States that inspired Europeans throughout the nineteenth century. The French Revolution was motivated equally and legitimized the idea of ​​self-determination in the Old World continent.
In the New World during the early nineteenth century, most of the Spanish American nations achieved independence from Spain. The United States supported that status, as a policy in the hemisphere relative to European colonialism, with the Monroe Doctrine. The American public, organized groups, and congressional resolutions often support such movements, notably the Greek War of Independence (1821-29) and the demands of the Hungarian revolutionaries in 1848. Such support, however, never became the official government policy, as it balances other national interests. After the American Civil War and with increased ability, the United States government did not accept self-determination as a foundation during the Alaska Purchase and attempted to purchase the islands of Saint Thomas and Saint John in Western India in the 1860s, or an ever-increasing influence. in the Hawaiian Islands, which caused annexation in 1898. With its victory in the Spanish-American War in 1899 and its growth in the world, the United States supported the annexation of the former Spanish colonies of Guam, Puerto Rico and the Philippines, without the consent of their people, sovereignty "over Cuba, as well.
Nationalist sentiments appeared within the traditional empire including: Pan-Slavism in Russia; Ottomanism, Kemalist ideology and Arab nationalism in the Ottoman Empire; State of Shintoism and Japanese identity in Japan; and Han's identity in juxtaposition with the ruling class of Manchuria in China. Meanwhile, in Europe alone there is a resurgence of nationalism, with countries like Greece, Hungary, Poland and Bulgaria seeking or winning their independence.
Karl Marx supports such nationalism, believing it may be a "preliminary" condition for social reform and international alliance. In 1914, Vladimir Lenin wrote: "[It] would be wrong to define the right to self-determination as something meaningful apart from the right to live as a separate state."
World War I and II
Europe, Asia and Africa
Woodrow Wilson revived America's commitment to self-determination, at least to European countries, during World War I. When the Bolsheviks came to power in Russia in November 1917, they called for the immediate withdrawal of Russia as Allied members of World War I. They also supported the rights of all nations , including the colony, to self-determination. "The 1918 Constitution of the Soviet Union recognizes the right of secession to its constituent republic.
This presents a challenge for Wilson's more limited demands. In January 1918, Wilson issued his Fourteen Points in January 1918 which, inter alia, called for the adaptation of the colonial claim, insofar as the interests of colonial powers had equal weight to the claims of subject society. The Brest-Litovsk treaty of March 1918 led to the discharge of Russia from the wars and independence of Armenia, Finland, Estonia, Latvia, Ukraine, Lithuania, Georgia and Poland. The end of the war led to the dissolution of the lost Austro-Hungarian Empire and the creation by the Czechoslovak allies and the unity of the State of Slovenia, Croatia and Serbia and the Kingdom of Serbia as a new state. However, the imposition of countries where some countries (mainly Polish, Czech, and Serbian and Romanian) were given power over a nation that disliked and distrusted them in the end helped lead to World War II. Germany also lost ground after the PDI: Northern Slesvig voted back to Denmark after the referendum. The defeated Ottoman kingdom was dissolved into the Turkish Republic and some smaller states, including Yemen, coupled with a new Middle East ally "mandate" of Syria and Lebanon (the future of Syria, Lebanon and the Hatay State), Palestine (Transjordan and Israel in the future future), Mesopotamia (the future of Iraq). The League of Nations is proposed as much as a means of consolidating these new states, as a road to peace.
During the 1920s and 1930s there were several successful moves to self-determination early in the process of decolonization. In the Statute of Westminster Britain granted independence to Canada, New Zealand, Newfoundland, the Irish Free State, the Commonwealth of Australia and the Unification of South Africa after the British parliament declared itself incapable of issuing laws about them without their consent. Egypt, Afghanistan and Iraq also achieved independence from Britain and Lebanon from France. Other attempts were unsuccessful, such as the Indian independence movement. And Italy, Japan and Germany all started new efforts to bring certain areas under their control, leading to World War II. In particular, the National Socialist Program called for the rights of these nations at the first point (of 25), as publicly announced on 24 February 1920 by Adolf Hitler.
In Asia, Japan became an increasing force and gained more respect from Western powers after its victory in the Russian-Japanese War. Japan joined the Allied Bloc in World War I and attacked German colonial ownership in the Far East, adding former German treasures to his own kingdom. In the 1930s, Japan gained significant influence in Inner Mongolia and Manchuria after invading Manchuria. It was founded Manchukuo, a puppet state in Manchuria and Eastern Mongolia. This is basically the model that Japan followed because it invaded other regions of Asia and formed the Joint Prosperity Area of ​​East Asia.
In 1912, the Republic of China officially replaced the Qing Dynasty, while the Mongolian Outer, Tibetan, and Tuva proclaimed its independence. Independence is not accepted by the Chinese government. By the Treaty of Kyakhta (1915), Outer Mongolia recognizes Chinese sovereignty. However, the Soviet threat of seizing parts of Inner Mongolia prompted China to recognize the independence of the outer Mongolia, provided that a referendum was held. The referendum took place on 20 October 1945, with (according to official figures) 100% of voters who voted for independence.
Much of East Asia's current dispute over sovereignty and self-determination stems from the unresolved dispute of World War II. Following its downfall, the Japanese Empire relinquished control over its many former holdings including Korea, Sakhalin Island, and Taiwan. None of these areas is the opinion of the affected persons consulted, or given priority. Korea was specifically granted independence but the recipients of various other fields are not listed in the San Francisco Agreement, granting Taiwanese independence even though its political status continues to be ambiguous.
Cold War World
UN Charter and resolution
In 1941, the Allies of World War II declared the Atlantic Charter and accepted the principle of self-determination. In January 1942 twenty-six countries signed the Declaration by the United Nations, which accepted the principles. The ratification of the UN Charter in 1945 at the end of World War II places the right of self-determination within the framework of international law and diplomacy.
- Chapter 1, Article 1, Part 2 states that the purpose of the Charter of the United Nations is: "To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of society, and to take other appropriate action to strengthen universal peace. "
- Article 1 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) states: "All persons have the right to self-determination by virtue of which they freely determine the status of politics and freely pursue their economic, social and cultural development. "
- The Universal Declaration of Human Rights of article 15 states that everyone is entitled to citizenship and that no one may arbitrarily withdraw citizenship or deny the right to change citizenship.
On 14 December 1960, the United Nations General Assembly adopted UN General Assembly Resolution 1514 (XV) entitled "Declaration on the Granting of Independence to the Colonial and People's Countries", which supported the granting of independence to the colonial states and the people by providing a the inevitable. the legal relationship between self-determination and decolonization purposes. It postulates new rights under international law the freedom to exercise economic self-determination. Article 5 states: Immediate steps shall be taken in the Guardianship and Self-Governing Territories, or all other territories that have not achieved independence, to transfer all power to persons of such territories, without reservation or reservation, as appropriate with their freely expressed desires and desires, without any distinction such as race, creed or color, to enable them to enjoy full independence and freedom.
On 15 December 1960 the United Nations General Assembly adopted UN General Assembly Resolution 1541 (XV), the subtitle "Principles which shall guide members in determining whether or not there is an obligation to transmit the information referred to under Article 73e of the Charter of the United Nations in Article 3 ", stating that" [t] he lacks political, economic, social and educational readiness should never be an excuse to postpone the right to self-determination and independence. "To monitor the implementation of Resolution 1514, in 1961 the General Assembly established the Committee Special so-called Popular Committee of Decolonization to ensure decolonization of full compliance with the principles of self-determination in General Assembly Resolution 1541 (XV).
However, other charters and resolutions do not demand full independence as the best means of obtaining self-government, nor include enforcement mechanisms. Moreover, new states are recognized by the doctrine of uti possidetis juris, which means that old administrative boundaries will become the international borders of independence if they have little relevance to linguistic, ethnic, and cultural boundaries. Nevertheless, justified by the language of self-determination, between 1946 and 1960, thirty-seven new countries in Asia, Africa and the Middle East gained independence from colonial rule. Territorial issues will inevitably lead to more conflicts and independence movements in many countries and challenges to the assumption that territorial integrity is as important as self-determination.
Communist world versus capitalist
Decolonization in the world is contrasted by the successful postwar expansionism of the Soviet Union. Tuva and several regional countries in Eastern Europe, the Baltics and Central Asia were completely annexed by the Soviet Union during World War II. Now, expanding its influence by establishing the satellite states of East Germany and Eastern European countries, along with support for revolutionary movements in China and North Korea. Despite independent and sovereign satellite states, the Soviet Union violated the principle of self-determination by suppressing the Hungarian revolution of 1956 and the Czechoslovakia Spring Prague reform of 1968. It invaded Afghanistan to support the communist government that was attacked by local tribal groups. However, Marxism-Leninism and his theory of imperialism were also powerful influences in the national emancipation movement of Third World countries who rebelled against colonial regimes or puppets. In many Third World countries, communism becomes an ideology that unites groups to oppose imperialism or colonization.
Soviet action is contained by the United States which sees communism as a threat to its interests. During the cold war, the United States created, supported, and sponsored the regime with successes that served their economic and political interests, among them anti-communist regimes such as Augusto Pinochet in Chile and Suharto in Indonesia. To achieve this, various means were implemented, including coup arrangements, sponsoring anti-communist countries and military intervention. As a result, many self-determination movements, which rejected some kind of anti-communist government, were accused of being inspired or controlled by the Soviets.
Asia
In Asia, the Soviet Union has transformed Mongolia into a satellite state but ignores sustaining the Second Eastern Turkestan Republic and submitting its Manchurian claim to China. The new People's Republic of China had occupied mainland China in the Chinese Civil War. The Korean War shifted the focus of the Cold War from Europe to Asia, where the superpowers were vying for decolonization to spread their influence.
In 1947, India gained independence from the British Empire. The Empire suffered a setback but adapted to this situation by creating the British Commonwealth - since 1949 the Commonwealth of Nations - which is a free association of the same countries. When India gained its independence, many ethnic conflicts arose in relation to the formation of state status during the Partition of India which resulted in Pakistani Islam and Secular India. Before the arrival of Britain, there was no kingdom based in the Indian mainland that controlled what parts of the country are now the northeastern part of the country, part of the reason for the ongoing uprising in Northeast India. In 1971, Bangladesh gained independence from Pakistan.
Burma also gained independence from the United Kingdom, but rejected membership in the Commonwealth.
Indonesia gained independence from the Dutch in 1949 after the latter failed to restore colonial control. As mentioned above, Indonesia also wants a strong position in the region that can be reduced by the formation of a unified Malaysia. The Netherlands maintains the Netherlands New Guinea, but Indonesia threatens to invade and annex it. Voting should be done under the UN-sponsored Free Choice Act to allow West New Guineaers to decide their fate, although many deny its truth. Later, Portugal relinquished control of East Timor in 1975, at which time Indonesia immediately invaded and annexed it.
After the Cold War
The Cold War began to wane after Mikhail Gorbachev took power in March 1985. With the cooperation of American president Ronald Reagan, Gorbachev lowered the number of Soviet Armed Forces and reduced nuclear weapons in Europe, while liberalizing the economy.
In 1989 - 90, the Soviet satellite communist regime collapsed in rapid succession in Poland, Hungary, Czechoslovakia, East Germany, Bulgaria, Romania, and Mongolia. East and West Germany united, Czechoslovakia peacefully split into the Czech Republic and Slovakia, while in 1990 Yugoslavia began to break the violence against six former republics of its sub-unit. Kosovo, formerly a Serbian autonomous unit declared independence in 2008, but lacked international recognition.
In December 1991, Gorbachev resigned as president and the Soviet Union dissolved relatively peacefully into fifteen republican sovereigns, all of which rejected communism and most of which adopted democratic reforms and free market economies. Within the new republic, four major areas claimed their own independence, but did not gain widespread international recognition.
After decades of civil war, Indonesia finally recognized East Timor's independence in 2002.
In 1949, the Communists won civil war and established the People's Republic of China on Mainland China. The Kuomintang-led government of the Republic of China retreated to Taipei, its jurisdiction is now limited in Taiwan and some isolated islands. Since then, the People's Republic of China has been involved in a dispute with the ROC on matters of sovereignty and Taiwan's political status.
As noted, the movement of self-determination remains strong in some regions of the world. Some areas have de facto independence, such as Taiwan, North Cyprus, Kosovo, and South Ossetia, but their independence is being debated by one or more major nations. Significant movements for self-determination also persist for non-independence sites, such as Kurdistan, Catalonia, Balochistan, Chechnya, and the Palestinian State
Maps Self-determination
Current problem
Since the early 1990s, the legitimacy of the principle of national self-determination has led to an increase in the number of conflicts within the state, as sub-groups seek greater self-determination and secession, and as their conflict for leadership in groups and with other groups and with the dominant state becomes violent. The international reaction to these new movements is uneven and more often dictated by politics than by principles. The United Nations Millennium Declaration of 2000 failed to address these new demands, only mentioning "the right to self-determination of those who remain under colonial domination and foreign occupation."
In the matter of the University of Macquarie Law , the Associate Professor Aleksandar Pavkovic and Senior Lecturer Peter Radan describe the current legal and political issues in self-determination. These include:
Defines "people"
There is no legal definition recognized by the "people" in international law. Vita Gudeleviciute of Vytautas Magnus University Law School, reviewing international law and UN resolutions, found in non-self-governing cases (colonized and/or indigenous) and foreign military occupation "people" are the entire population of occupied territorial units, no matter the difference they are the others. In cases where people have no representation by the state government, which is not represented to be a separate person. The current international law does not recognize ethnic and other minorities as a separate society, with the exception of cases in which the groups are systematically deprived of their rights by the governments of the countries in which they live. Other definitions offered are self-evident "people" (of ethnicity, language, history, etc.), or defined by "the bond of mutual understanding or sentiment," "loyalty," or by mutual obligation among the people. Or the definition may be just that the person is a group of individuals who unanimously choose a separate state. If "people" agree in their desire to self-determination, it reinforces their claim. For example, the federal unit population of the Yugoslav federation is regarded as the people in the breakup of Yugoslavia, although some of these units have a very diverse population. Libertarians who argue for self-determination distinguish between a voluntary state (land, culture, terrain, people) and the state, the coercive apparatus, who have the right to choose or decide on their own.
Abulof suggests that self-determination requires the "moral duality" of duality (the personal right to align with people, and the right of the people to determine their politics) and mutuality (the right is as much as the others). Thus, self-determination gives individuals the right to form "people," who then have the right to set up independent state, as long as they give the same to all individuals and other societies.
Criteria for the definition of "people with self-determination" are proposed during the 2010 Kosovo case decision of the International Court of Justice: 1. traditions and culture 2. ethnicity 3. historical and heritage bonds 4. language 5. religion 6 sense of identity or kinship 7. will to mold people 8. general suffering.
Self-determination versus territorial integrity
National self-determination seems to challenge the principle of territorial integrity (or sovereignty) of such states as the will of the people that makes the state legitimate. This means one must be free to choose their own country and its territorial boundaries. However, there are countries that are much more self-identifying than the existing state and there is no legal process to change the boundaries of the country according to the will of these people. According to the Helsinki Final Act of 1975, the United Nations, the ICJ and international law experts, there is no contradiction between the principle of self-determination and territorial integrity, with the latter being preferred.
Pavkovic and Radan describe three theories of international relations relevant to self-determination.
- Realist theory of international relations affirms that territorial sovereignty is more important than national self-determination. This policy was pursued by great powers during the Cold War.
- Liberal internationalism has been an alternative ever since. It promotes the abolition of inter-state wars and the increase of individual freedoms within the state, and holds global market expansion and cross-border cooperation reduces the importance of territorial integrity, enabling a somewhat greater recognition for greater self-determination of society./li>
- Cosmopolitan liberalism calls for political power to turn to world governments that will make secession and border changes a relatively easy administrative problem. However, it also means the end of self-determination of the national group.
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 proposed the "Theory of Remedial Rights" in which a group has a "general right to separate if and only if it has experienced a certain injustice, in which secession is the right solution of the last resort." It will also recognize secession if the state grant, or constitution includes, the right to escape.
Vita Gudeleviciute states that in cases of non-self-governing society and foreign military occupation, the principle of self-determination overcame territorial integrity. In cases where people do not have representation by state governments, they can also be considered as separate persons, but under current law can not claim the right to self-determination. On the other hand, he found that secession in one country is a domestic problem not covered by international law. So no group what can form a breakaway person.
A number of countries have claimed territory, which they allege have been removed from them as a result of colonialism. This is justified by reference to Paragraph 6 of UN Resolution 1514 (XV), which states that any attempt "intended for partial or total disruption of national unity and territorial integrity of a State is incompatible with the Charter's purposes and principles". This, it claims, applies to situations where the territorial integrity of a country has been disrupted by colonialism, so that people from territories subject to historical territorial claims are prevented from exercising the right to self-determination. This interpretation is rejected by many countries, who argue that Paragraph 2 of UN Resolution 1514 (XV) states that "everyone has the right to self-determination" and Paragraph 6 can not be used to justify territorial claims. The original purpose of Paragraph 6 is "to ensure that the act of self-determination takes place within the boundaries of the established colony, not within sub-territories". Further, the use of the effort in Paragraph 6 indicates future action and can not be interpreted to justify territorial redress for past actions. An effort sponsored by Spain and Argentina to qualify for the right to self-determination in cases where there is a territorial dispute rejected by the UN General Assembly, which repeats the right to self-determination is a universal right.
Method of increasing minority rights
To accommodate the demands of minority rights and to avoid secession and the creation of a separate new state, many countries decentralize or divert larger decision-making power into new or existing subunits or autonomous regions. More limited measures may include limiting demands for the preservation of national culture or the granting of non-territorial autonomy in the form of national associations that will take control of cultural issues. This will only be available to groups that ignore separatist demands and territorial state will maintain political and judicial control, but only if it will remain with an organized territorial state.
Self-determination versus majority rule/equal rights
Pavkovi? explores how national self-determination, in the form of the creation of a new state through secession, can override the principles of majority rule and equality of rights, which are the main liberal principles. This includes questions about how undesirable countries may be subjected to minorities. He explores the five theories of contemporary secession. In the "anarcho-capitalist" theory only landowners have the right to escape. In communitarian theory, only groups who want direct or greater political participation have rights, including the rights of the rights of the group, per Allen Buchanan. In two nationalist theories, only national cultural groups have the right to escape. Australian democracy theory, Harry Beran, puts forward the equality of rights to secede to all types of groups. Unilateral separation of majority rule is justified if the group allows separation from other groups within its territory.
Constitutional law
Most sovereign states do not recognize the right to self-determination through secession in their constitution. Many have explicitly forbidden it. However, there are several models of self-determination that exist through greater autonomy and through secession.
In a liberal constitutional democracy, the principle of majority rule has determined whether minorities can escape. In the United States Abraham Lincoln recognizes that secession is possible through amendments to the Constitution of the United States. Supreme Court at Texas v. White of secession may take place "through the revolution, or through the consent of the State." The British Parliament in 1933 declared that Western Australia could only secede from Australia after electing the majority of the country as a whole; two-thirds of the previous majority vote to secede through a referendum in Western Australia is insufficient.
The Chinese Communist Party followed the Soviet Union including the right of secession in the 1931 constitution to draw ethnic and Tibetan nationalities to join. However, the Party eliminated the right to secede in later years, and had anti-separation clauses written into the Constitution before and after the founding of the People's Republic of China. The Constitution of the Union of Burma in 1947 contains the right of states that declare themselves to break away from the union under a number of procedural conditions. It was omitted in the 1974 Constitution of the Socialist Republic of the Union of Burma (formally "Union of Myanmar"). Burma still allows "local autonomy under central leadership."
In 1996 the constitutions of Austria, Ethiopia, France, and Saint Kitts and Nevis have stated or implied the right to secede. Switzerland allows secession from the present and the creation of new territory. In the case of Quebec's proposed separation from Canada, the Supreme Court of Canada in 1998 ruled that only a clear majority of the provinces and constitutional amendments confirmed by all participants in the Canadian federation could allow for secession.
The 2003 EU Draft Constitution allows for the voluntary withdrawal of member states from the union, even though the State wishes to go can not be involved in a vote deciding whether they can leave the Union. There has been much discussion of self-determination by minorities before the final document underwent a failed ratification process in 2005.
As a result of a successful constitutional referendum held in 2003, every municipality in the Kingdom of Liechtenstein has the right to escape from the Kingdom by the majority of residents living in this municipality.
Draw new boundaries
In determining international boundaries between sovereign states, self-determination has resulted in a number of other principles. After the group has self-determination through secession, the proposed limits may prove more controversial than the fact of secession. The bloody Yugoslav war in the 1990s was largely linked to border issues because the international community imposed a uti possidetis juris version in changing the existing internal boundaries of the various Yugoslav republics into international borders, despite ethnic group conflicts within these boundaries. In the 1990s the indigenous population of two-thirds of northern Quebec province opposed its incorporation into the country of Quebec and expressed its determination to reject it by force.
The border between Northern Ireland and the Irish Free State is based on existing borders and excludes all historic Ulster. The Boundary Commission was established to consider redrawing. His proposal, which amounted to a small net transfer to Northern Ireland, was leaked to the press and subsequently not acted upon. In December 1925, the governments of the Irish Free State, Northern Ireland, and the United Kingdom agreed to accept the existing borders.
Famous cases
There are a number of prominent cases of self-determination. For more information on past movements, see the list of autonomic movements and secession and lists of decolonized countries. See also list of autonomous regions by country and list of territorial autonomy and list of active autonomy and separatist movements.
The Republic of Artsakh (Nagorno-Karabakh Republic) declared its independence on the basis of self-determination on September 2, 1991. He maintained his independence in the ensuing war with Azerbaijan, but remains largely unrecognized by the UN nations today.
Australia
From 2003 onwards, self-determination has become a topic of contention in Australia in relation to Australian Aborigines and Torres Strait Islanders. In the 1970s, Indigenous communities approached the Federal Government and demanded the right to manage their own communities. It covers the basic functions of local government, ranging from land agreements and community center management to road maintenance and garbage collection, and establishing educational programs and standards in their local schools.
Azawad
The traditional homelands of the Tuareg community are divided by the modern boundaries of Mali, Algeria, and Niger. Many rebellions have occurred for decades, but in 2012 Tuareg successfully occupied their land and declared Azawad's independence. However, their movement was hijacked by the Islamic terrorist group Ansar Dine.
Basque Country
The Basque Country (Basque: Euskal Herria , Spanish: PaÃÆ's Vasco
Euskadi Ta Askatasuna or ETA (English: Basque Homeland and Freedom ; pronounced [' eta] ), is a nationalist, separatist, and armed Basque terrorist organization. Founded in 1959, it evolved from a group advocating traditional cultural ways to paramilitary groups with the goal of Basque independence. The ideology is Marxist-Leninist.
Biafra
The Nigerian Civil War took place between the Biafran separatists of the Biafran Republic and the Nigerian central government. From 1999 to the present day, the indigenous people of Biafra have excited the freedom to revive their country. They have registered a human rights organization known as Bilie's Human Rights Initiative in Nigeria and at the United Nations to advocate for their right to self-determination and to achieve independence by the rule of law.
Catalonia
After Pawali Catalan 2012 for independence, where between 600,000 and 1.5 million residents lined up, the President of Catalonia, Artur Mas, called for a new parliamentary election on November 25, 2012 to elect a new parliament that would exercise its right of self-determination to Catalonia, recognized under Spanish law. The Catalonia Parliament voted to hold a 'referendum or consultation' in the next four-year legislature in which the people of Catalonia would decide to become an independent and new sovereign state. Parliamentary resolutions approved by most MPs: 84 voted, 21 opposing votes, and 25 abstentions. The Catalan Parliament applied to the Spanish Parliament for the power to call a referendum for delegation, but this was rejected. In December 2013 President Generalitat Artur Mas and the governing coalition agreed to organize a referendum on self-determination on November 9, 2014, and the law specifically said that the consultation would not be a "referendum" enacted, only to be blocked overnight by the Constitutional Court Spain, at the request of the Spanish government. With the bloc, the Government turned it into a simple "consultation to the people". The question in consultation is "Do you want Catalonia to be a State?" (an answer that may be yes or no) and, if the answer to this question is yes, "Do you want Catalonia to become an independent State?" (maybe the answer is yes or no). However, since the consultation is not a formal referendum, this (printed) answer is only a suggestion and other answers are also accepted and cataloged as "other answers" not as an invalid vote. The number of voters in this consultation is about 2.3 million people from 6,228,531 people called to vote (this figure does not coincide with the official census for two main reasons: first, because the consultation is not a referendum, the consultation organization does not have access to the census , secondly, persons under the age of 18 but above 16 are also entitled to vote, as opposed to a regular referendum in which the voting age is 18). In the morning there is a long line waiting for the opening of the polling station. Since the organization does not have the proper census, it uses a system based on an address in the Spanish Identity Card to determine where to choose and prevent citizens from being able to vote multiple times. This is the reason why some of the irregularities that are claimed in the voting system and some even allegedly in Spanish media have exploited the system to vote twice or multiple times (however, this claim is never confirmed). The overall result is 80 Ã, Â · 76% in favor of both questions, 11% support the first question but not the second question, 4 Ã, Â · 54% against both; the rest are classified as "other answers". The number of voters is about 37% (most people opposed the consultation did not vote). The four main members of Catalonia's political leadership are banned from public office for having opposed the last-minute ban of the Constitutional Court. Almost three years later (October 1, 2017), the Catalan government called for a referendum for independence under the laws adopted in September 2017 (though hurriedly blocked by the Spanish Constitutional Court), with the question "Would you like Catalonia to be an independent state in the form of the Republic? ". For weeks until the ballot day, the Spanish government tried unsuccessfully to trace the ballot boxes (in which case, they were smuggled from French Catalonia), and on that day, after thousands of locals had kept voting place oppÃÆ'¨n oiver weekend with cultural and educational activities, following the judge's instructions, the Catalan police prevented voting in more than 500 polling places, without a violent incident, while Spanish police seized ballot boxes and closed 92, but with many incidents involving truncheon allegations and more than 1,000 people receive medical care. Opposition parties are calling for non-participation, the number of voters (according to votes counted) is 2,286,217 of 5,313,564 (43 Â ± 03% of the census), and 90% Â · 18% of ballot papers support independence.
Chechnya
Under Dzhokhar Dudayev, Chechnya declared independence as the Chechen Republic of Ichkeria, using self-determination, Russian history of mistreatment of Chechens, and a history of independence before the invasion by Russia as the main motive. Russia has restored control over Chechnya, but the government's separatist function is still in exile, although it has been divided into two entities: the Chechen Republic run by Akhmed Zakayev (based in Poland, the United Kingdom and the United States), and the Islamic Caucasus Emirate.
Eastern Ukraine
There is an active separatist movement based on self-determination of the inhabitants of Donetsk and Luhansk region in eastern Ukraine, allegedly against the instability and corruption of the Ukrainian government. However, many people in the international community argue that the referendum held there in 2014 on independence from Ukraine is illegitimate and undemocratic. Similarly, there were reports that the May 2014 presidential election was prevented in two areas after armed gunmen took control of the polls, kidnapped election officials, and stole voter lists, denying residents the opportunity to express their wishes in free, fair, and recognized internationally. There is also an argument, that the de facto separation of Eastern Ukraine from other parts of the country is actually not an expression of self-determination, but rather an invasion by neighboring Russia, with Ukrainian President Petro Poroshenko reporting to MPs on June 4, 2015 that up to nine thousand soldiers Russia deployed in Ukraine. Others have pointed out that Russian troops are not attacking, as they have already been placed in the Crimea as part of a basing agreement, and that the separatist movement emerged in response to the overthrow of the elected president of Ukraine. The overthrow is supported by western countries and involves right-wing or neo-Nazi forces, as documented in the western media.
Falkland Islands
Self-determination refers to the Constitution of the Falkland Islands and is a factor in the Falkland Islands sovereignty dispute. The population has been in existence for over nine generations, continuously for over 175 years. In the 2013 referendum organized by the Falkland Islands Government, 99.8% voted to remain British. As a manager of power, the British Government considers because the majority of the population wants to remain British, the transfer of sovereignty to Argentina will be contrary to their right to self-determination.
Argentina declared the principle of self-determination not applicable because the current population is not genuine and brought to replace the people of Argentina, who were expelled by 'acts of violence', forcing the citizens of Argentina to leave the islands directly occupied. This refers to the re-establishment of British rule in 1833 where Argentina claimed the people living on the islands were expelled. Argentina thus argues that, in the case of the Falkland Islands, the principle of territorial integrity should take precedence over self-determination. Historical records refute Argentina's claims and when admitted the garrison was issued, the existing civilians remained in Port Louis and there was no attempt to colonize the islands until 1841.
Gibraltar
The right to self-determination is mentioned in the pre-amble Chapter 1 of the Constitution of Gibraltar, and, as Britain also assures that the right to self-determination of the Bangsatawar will be respected in any transfer of sovereignty over territory, a factor in the dispute with Spain over the territory. The impact of the self-determination right of the Tasmanian People is seen in the referendum on the sovereignty of Gibraltar 2002, where Tasmanian voters strongly rejected plans to share Gibraltar's sovereignty between England and Spain. However, the British government is different from the Gibraltarian government in that it considers the determination of the Tasmanian fate limited by the Treaty of Utrecht, which prevents Gibraltar from achieving independence without the approval of Spain, a position not accepted by the government of the Islands.
The Spanish government denied that the Tasmanians had the right to self-determination, considering them to be "artificial populations without autonomy" and not "indigenous". However, Partido Andalucista has agreed to recognize the right to self-determination of the Nations.
Hong Kong
Before the UN adopted resolution 2908 (XXVII) on November 2, 1972, the People's Republic of China vetoed the former British colonies of Hong Kong's right to self-determination on March 8, 1972. This sparked protests of several states along with the Great Britain declaration on December 14 that the decision was illegal.
A few decades later, the nationalist independence movement, dubbed the Hong Kong freedom movement, emerged in the territory controlled by the Chinese Communists. This encourages the autonomous region to become a fully independent sovereign state.
The city is considered a special administrative area (SAR) which, according to the PRC, enjoys a high degree of autonomy under the People's Republic of China (PRC), is guaranteed under Article 2 of the Hong Kong Basic Law [1] ((ratified based on the Sino-British Joint Declaration), since the transfer of Hong Kong sovereignty from the UK to the PRC in 1997. Since the handover, many Hong Kongs are increasingly worried about the increasing encroachment in Beijing, the freedom of territory and the failure of the Hong Kong government to realize democracy 'true'. [2]
The package of electoral reforms 2014-15 Hong Kong deeply divides the city, as it allows Hong Kong to have universal suffrage, but Beijing will have the authority to screen out candidates to limit the electoral method to the Chief Executive of Hong Kong (CE), the highest-ranking officials from the region. This sparked a massive 79-day peaceful protest dubbed the "Umbrella Revolution" and a pro-independence movement emerged on the Hong Kong political scene. [2]
Since then, localism has gained momentum, especially after the failure of the peaceful Umbrella Movement. Local youth leaders have led many protests against pro-Chinese policies to raise awareness of Hong Kong's social problems under Chinese rule. These include sitting protests against the Bill to Strengthen the Internet Censorship, demonstrations against Chinese political interference at the University of Hong Kong, the protests of the Yuen Long Record and Mong Kok civil unrest of 2016. According to a survey conducted by the Chinese University of Hong Kong in July 2016 , 17.4% of respondents supported the city to become an independent entity after 2047, while 3.6% stated that it was "possible". [3]
Kashmir
From the beginning of Pakistan and India in 1947, the Jammu and Kashmir jurisdiction state, the land between India and Pakistan, was contested when the British withdrew from their rule over the land. Maharaja Hari Singh, a ruler who lived in Kashmir at the time of accession, signed the Instrument of Deed of Endorsement on October 26 th 1947 because his territory was attacked by a Pakistani tribe. The passage of the law allows Jammu and Kashmir to agree to India under legal requirements. When this Act was brought to Lord Mountbatten, the last young king of British India, he agreed and declared that a referendum should be held by citizens in India, Pakistan and Kashmir so they could vote on where Kashmir should approve. The referendum requested by Mountbatten never happened and framed one of the legal disputes for Kashmir. In 1948, the United Nations intervened and ordered a vote to hear the votes of the Kashmiris if they wanted to go to Pakistan or India. This vote left the right of the people of Kashmir to have the right of self-determination and to become an autonomous state. Until now the Kashmiris have faced many human rights violations committed by India and Pakistan and have not yet gained the full autonomy they seek through self-determination.
The rebellion in Kashmir against Indian rule has existed in various forms. The widespread armed insurgency began in Kashmir against Indian rule in 1989 after allegations of fraud by the Indian government in the Jammu and Kashmir state elections of 1987. This led some parties to state assemblies to form militant wings, acting as catalysts for the emergence of armed rebellions in the region. The conflict over Kashmir has caused tens of thousands of deaths.
Inter-Services Intelligence Pakistan has been accused by India of supporting and training pro-Pakistani and pro-independence militants to fight Indian security forces in Jammu and Kashmir, a charge denied by Pakistan. According to official figures issued in Jammu and Kashmir assemblies, there are 3,400 cases of disappearances and conflicts have caused more than 47,000 to 100,000 people died in July 2009. However, violence in the state has declined sharply after the start of the slowdown. moving the peace process between India and Pakistan. After the peace process failed in 2008, mass demonstrations against Indian rule, as well as small-scale militancy reappeared.
However, despite the call for a boycott by separatist leaders in 2014, the Jammu and Kashmir Assembly elections have gained the highest turnout in 25 years since the insurgency erupted. In accordance with the Indian government, it records more than 65% of voters who are voters more than normal voters in electoral elections of other countries in India. This is seen as an increase in Kashmiri faith in the process of democracy in India. However, activists say that the number of voters is greatly exaggerated and the elections are held under pressure. Voice cast because people want a stable state government, and this can not be misinterpreted as an endorsement of Indian power.
Kurdistan
Kurdistan is a historical region mainly populated by Kurds in the Middle East. The region is currently part of 4 countries of Turkey, Iraq, Syria and Iran. There is a Kurdish self-determination movement in each of the four states. Iraqi Kurdistan has so far reached its greatest level of self-determination through the creation of the Kurdistan Regional Government, an entity recognized by the Federal Constitution of Iraq.
Although the creation rights of the Kurdish state were recognized after World War I in the Treaty of SÃÆ'¨vres, the treaty was later annulled by the Treaty of Lausanne. To date, two separate Kurdish republics and one Kurdish Empire have declared sovereignty. Republic of Ararat (A'r Province, Turkey), Mehabad (Western Azerbaijan Province of Iran) and Kurdistan (Sulaymaniyah, Iraqi Kurdistan, Iraq) respectively, each of these new countries was destroyed by military intervention. The Patriotic Union of Kurdistan currently holding the Iraqi presidency and the Kurdistan Democratic Party governing the Kurdistan Regional Government are explicitly committed to the development of Kurdish self-determination, but differing opinions relate to the issue of self-determination sought in the current. border and country.
Nagalim
The dragons refer to the vague conglomeration of the different tribes living on the borders of India and Burma. Each of these tribes lived in a sovereign village prior to the arrival of the English, but developed a common identity when the area was Christianized. After the British left India, one part of the Nagas tribe under the leadership of Angami Zapu Phizo tried to establish a separate state for the Nagas. The Phizo group, Dragon National Council (NNC), claims that 99.9% of the Nagas wanted an independent dragon state according to a referendum conducted by him. It waged a separatist insurgency against the Government of India. NNC collapsed after Phizo made their dissidents killed or forced them to seek refuge with the Government. Phizo fled to London, while successful NNC separatist groups continued to launch violent attacks against the Government of India. The Dragon People's Convention (NPC), another major Naga organization, opposes separatists. His efforts led to the creation of a separate state of Nagaland in India in 1963. Separatist violence fell dramatically after the 1975 Shillong Agreement. However, three factions of the Nagaland National Socialist Council (NSCN) continued to seek an independent state that would include parts of India and Burma. They imagine a sovereign state dominated by Christians called "Nagalim".
North Borneo and Sarawak
Another controversial episode with perhaps more relevance is that Britain is starting out of British Malaya. An experience related to the findings of the United Nations Assessment Team who led the British territory in North Borneo and Sarawak in 1963 to determine whether the population wanted to be part of the new Malaysian Federation. The mission of the United Nations Team follows from an earlier assessment by the UK-appointed Cobbold Commission that arrived in the territory in 1962 and held hearings to determine public opinion. Also filtered through 1600 letters and memoranda submitted by individuals, organizations and political parties. Cobbold concluded that about two-thirds of the population prefer the formation of Malaysia while the remaining three want independence or sustained control by the British Empire. The United Nations team largely confirmed these findings, which were later received by the General Assembly, and the two regions then wanted to form a new Malaysian Federation. The conclusions of both Cobbold's Commission and the United Nations team arrived without any self-determination referendum being held. Unlike in Singapore, however, no referendum has ever been conducted in Sarawak and North Borneo. they sought to consolidate some previously controlled entities and then the Manila Accord, an agreement between the Philippines, the Federation of Malaya and Indonesia on 31 July 1963 to comply with the wishes of the people of North Kalimantan and Sarawak in the context of the United Nations. General Assembly Resolution 1541 (XV), Principle 9 of the Appendix taking into account the referendum on North Borneo and Sarawak which shall be free and without coercion. This also triggered Indonesia's confrontation as Indonesia opposed the breach of the agreement.
Northern Cyprus
Cyprus was settled by the Mycenaean Greeks in two waves in the 2nd millennium BC. As a strategic location in the Middle East, it was later occupied by several major powers, including the Assyrian, Egyptian and Persian empires, from whom the island was confiscated in 333 BC by Alexander the Great. The next rule was by Ptolemy of Egypt, the Classical and Eastern Roman Empire, the Arab Caliphate for short periods and the Lusignan dynasty of France. After the death of 1473 from James II, the last king of Lusignan, the Venetian Republic took control of the island, while the widow of the last king of Kings, Queen Catherine Cornaro, ruled as the head of the doll. Venice officially annexed the Kingdom of Cyprus in 1489, following the release of Catherine. The Venetians fortified Nicosia by building the Nicosia City Wall, and using it as an important commercial center.
Although the French aristocracy Lusignan remained the dominant social class in Cyprus during the medieval period, the earlier assumption that the Greeks treated only as slaves on the island was no longer considered by academics to be accurate. It is now accepted that the medieval period saw the growing number of Greek Cypriots rising to the upper classes, the ranks of the growing Greeks, and the Lusignan royal family even marrying the Greeks. These include King John II of Cyprus who married Helena Palaiologina.
Throughout the power of Venice, the Ottoman Empire often invaded Cyprus. In 1539 the Ottomans destroyed Limassol and were so concerned about the worst, the Venetians also fortified Famagusta and Kyrenia.
Attacked in 1570, the Turks controlled and only ruled all the islands of Cyprus from 1571 until its lease to England in 1878. Cyprus was placed under British rule under the Cyprus Convention in 1878 and officially annexed by Britain in 1914. While Turkish Cypriots made 18 rides % of the population, the partition of Cyprus and the creation of the Turkish state in the north became the policy of Turkish and Turkish Cypriot leaders in the 1950s. Politically, there is no majority or minority relationship between Greek Cypriots and Turkish Cypriots; and therefore, in 1960, the Republic of Cyprus was founded by a constituent community in Cyprus (Greek Cypriots and Turkish Cypriots) as a non-unitary state; The 1960 Constitution establishes Turkish and Greek languages ​​as the official language. During 1963-1974, the island experienced clashes and ethnic turmoil, a coup d'etat to unite the island to Greece and finally Turkey's operation in 1974. The idea of ​​separation for peace was reinforced by a United Nations population exchange agreement in 1975. The Turkish Republic of North Cyprus was declared in 1983 and only recognized by Turkey. Turkish Cypriots have the right of self-determination, as well as Greek Cypriots. Prior to the Turkish operation in 1974, Turkish Cypriots were concentrated in the Turkish Cypriot regions of the island.
Northern Cyprus meets all the classic criteria of statehood. The UN Peacekeeping Force in Cyprus (UNFICYP) operates under the laws of Northern Cyprus in the north of the island of Cyprus. According to the European Court of Human Rights (ECtHR), North Cyprus law applies in northern Cyprus. ECtHR does not accept accept claims that the North Cyprus Court has no "independence and/or impartiality". ECtHR pointing
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