1.1 e) The collective right to self determination Flashcards
What is self determination?
the right of a group of people from a territory or national grouping to determine their own political status, without the hindrance of external interference. These rights are not only limited to indigenous peoples and do not only attach to land.
Who has the right of self determination?
Nation states
Where is the right to self determination included in the UN Charter 1945?
Article 2
Where is the right to self determination echoed in the International Covenant on Economic, Social and Cultural Rights? (ICESCR)
In Article 1.1 ‘All people have the right of self-determination. By virtue of that right they freely pursue their economic, social and cultural development.
Who established the Trusteeship Council and for what purpose?
the UN Charter 1945
to supervise the transitioning of former colonies
Since when has there been an increased willingness to recognise independent nations and decolonise the world?
Since WWII and the UN Charter of 1945
What is an example of the international community recognising a territory/ populations right of self determination?
The independence of East Timor from Portugal and subsequently Indonesia
What does Article 1.1 of the ICESCR also support?
The rights of indigenous peoples to self determination.
What other recognition of groups is there?
Of different racial, ethnic or cultural groups within a nation, eg. Basque country in Spain, the Kurdish people in Iraq.
How many autonomous regions exist over 20 countries?
50 autonomous regions of 20 countries in the world.
What notion comes from the idea of self determination?
State sovereignty, recognises the right of a people from a nation to self govern.
What is a problem with state sovereignty and self determination?
Many countries that were colonised have now been recognised as independent, however, the same governments remained in control.
Indigenous peoples are their own group and have had basic human rights denied for years.
Which nations have their sovereignty in question?
Kosovo (Serbia), Tibet (China), Chechnya (Russia)
What has happened to Tibet?
Its culture has been crushed by China, hundreds of monasteries destroyed and they still face religious and political repression
What has happened to the Indians in the Amazon?
Their traditional lands are being lost to land clearing and cattle ranches.
What has the Australian government done to indigenous people with regard to self determination?
Taken over some Aboriginal reserves, ending permits supervised by them.
What was controversial about the Australian government taking over and ending Aboriginal reserves to prevent child abuse?
They failed to enforce similar measures against dysfunctional parents of non-indigenous students. But the NT has recently begun to do this.
What is still a massive issue preventing self determination for new colonised nations?
The traditional people are still subject to that nations laws, however some have treaties which recognise this, eg. NZ treaty of Waitangi 1840.
What was an international attempt to better recognise the right of indigenous peoples to self determination?
The Declaration of the Rights of Indigenous Peoples (2007)
What did ATSI communities ask the government for in 1990?
internal self determination, to determine their own affairs.
What was created in 1972?
The Aboriginal Tent Embassy
What followed after ATSI peoples asked internal to determine their own affairs inn 1990?
Establishment of ATSIC which administered government programs and represented ATSI people formally at a federal level.
Why and who abolished ATSIC in 2005?
The Howard government due to allegations of corruption and the credibility of some of its members
After the abolishment of ATSIC in 2005 what was created to try and regain a form of self-determination?
The National Congress of Australia’s First Peoples Ltd in 2010.
With regard to indigenous communities, what does self-determination attempt to do?
Self-determination aims to allow minority groups (e.g. Aboriginal people) the right to have some control over their land, while still being part of the broader nation.
What do Kurdish people in Iraq, Turkey, Syria and Iran want to do?
Make a state of Kurdistan (It would be pretty large- 25-30 million people)
How many EU states have recognised Kosovo?
Following its referendum and subsequent declaration of independence, 81% of EU nations
What is a significant reason as to why the UN doesn’t recognise Kosovo?
Kosovo is currently seen as part of Serbia and Serbia is Russia’s ally, so Russia uses its veto powers. LOOK AT 2011 markers comments.
Can peoples within a state declare independence?
Yes, this is what happened during American and French revolutions.
