2.2 The Context of the Right to Self-Determination
As a legal right, self-determination appeared only after WWII. At this stage, self-determination became an effective tool by which colonized peoples liberalize themselves from foreign domination. Accordingly, self-determination was primarily applied in colonial content. Latin America and Africa are the best examples to explain the demand for the right to self-determination in a colonial context.
Moreover, self-determination also played a critical role in restructuring Yugoslavia after its dissolution. This means there is room for the right to external self-determination outside of the colonial context. However, in each of these regions, self-determination took different form.
2.3 Socio-Economic and Political Right to Self Determination
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. Essentially, the right to self-determination is the right of a people to determine its own destiny. In particular, the principle allows people to choose its own political status and to determine its own form of economic, cultural and social development. Exercise of this right can result in a variety of different outcomes ranging from political independence through to full integration within a state. The importance lies in the right of self-determination so that the outcome of a people’s choice should not affect the existence of the right to make a choice.
In practice, however, the possible outcome of an exercise of self-determination will often determine the attitude of governments towards the actual claim by a people or nation. Thus, while claims to cultural autonomy may be more readily recognized by states, claims to independence are more likely to be rejected by them. Nevertheless, the right to self-determination is recognized in international law as a right of process belonging to peoples and not to states or governments, the right of self-determination is a legal, political and socio-economic right to all people. For example, the armed struggle in South Sudan was a demand for the right of self-determination of a people to determine their own political destiny, economic well-being, and cultural development.
2.4 Self-determination in Africa
The following section, briefly discusses how the African peoples exercised their right to self-determination. Self-determination strongly manifested itself in the African context. This is because the continent had a long history associated with colonialism and perhaps. Africa is the sole continent in the world, which colonial masters drew the entire of its borders. This gives the impression that Africa in fact, was subjugated to absolute colonialism. Consequently, self-determination became the only means through which African peoples could achieve their statehood. Accordingly, self-determination emerged in the context of Africa as a tool of struggle against colonialism, alien subjugation and foreign domination. Yet, the inherited political boundaries of the emerging nations continued 10 constrain the scope of self-determination. The anti-colonialist phase, ironically, accepted the old colonial boundaries as legitimate and unalterable, regardless of the incongruous mix of peoples within the political unit.
The United Nations General Assembly (UNGA) resolution 1514 (XV) and its supplementary resolution 1541 (XV) were the legal basis of that struggle. Resolution 1514, among other things declared that:
- The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and cooperation.
- 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.
Two points are clear from this resolution. Firstly, the basis for the right to self-determination is the UN Charter to which the resolution makes reference. Specifically, this reference is made to article 1(2) of the Charter, which provides that one of the UN objectives is ‘to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples…” Secondly, in this context, self-determination means the right to be free from the control and domination of the colonizing powers. It covers political, economic, social and even cultural aspects. In other words, self-determination means complete freedom from any foreign interference by allowing colonized nations to govern themselves.
Accordingly, the UN recognizes the right to self-determination in a very narrow sense, which implies that no tuition or group of people has the right to external self-determination outside of the colonial context. This will be the case even if those peoples have to suffer the same situation as if they were under colonialism. Resolution 1514 itself supports this interpretation by stating that ‘any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations. The 1970 Declaration on the Friendly relations, which was issued to supplement the above resolutions further supports this position of the UN.
Apart from the Charter and the followed resolutions, the right to self-determination was also entrenched into two fundamental human rights conventions. These are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Common article 1 of the two Covenants reads as follows:
- 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.
- All peoples may for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
- The states parties to the present covenant…shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisos of the Charter of the United Nations.
[su_button url=”https://saxafimedia.com/in-depth-study-obstacles-non-recognition-somaliland-political-legal/8/” style=”soft” size=”12″ wide=”yes” center=”yes” text_shadow=”0px 0px 0px #FFFFFF” rel=”lightbox”]CONTINUE READING ON THE NEXT PAGE >[/su_button]
