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Palestine: unleashing the self-determination genie

By David Singer - posted Monday, 27 June 2011


If the road to self-determination can be successfully pursued through the UN by the Palestinian Arabs on what is at best a contrived and artificial identity - then how can the UN possibly refuse to grant similar recognition to these other far more credentialed and long standing peoples with their own history, culture and language going back centuries and even into antiquity?

If the Palestinian Arabs can have a state recognized by the UN - what arguments can possibly justify the UN refusing to accord the same status and recognition to these other groups ?

In the case of Palestine the legal conditions required for the declaration of a Palestinian State - as laid down in the Montevideo Convention 1933 - are not capable of being met unless first agreed in direct face to face negotiations with Israel.

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A similar obstacle impedes the many other nationalist and secessionist movements around the world and makes their independence or breakaway conditional on agreements being successfully negotiated with their host states.

The large number of these movements looking on with keen interest from the sidelines can be gauged from the following survey:

There are 37 recognized and recognizable secessionist movements in Africa. There are 65 in Asia, including 13 in Burma, five in China (Uighurs, Tibetans and Mongolians among them). Russia straddles continents and faces five secessionist movements in Asian Russia and 13 more in European Russia, including Chechens. The rest of Europe has more than 50, including 18 in Italy and nine in Spain. France has four irredentist movements, four secessionist movements, five autonomist movements and several movements to change the borders of Departments. There is one each in Poland, the Netherlands, Romania and Switzerland. Parties in Greenland want to secede from Denmark and in Puerto Rico they want to secede from the United States - which also has American Indian, Southern and Texan movements to secede, as well as one in Manhattan and one in New York State. The Miskito Indians want to secede from Nicaragua and Chiapas from Mexico. French and British colonies in the Caribbean and Oceania have separatist movements.

The UN needs to tread carefully to avoid unleashing the genie of self-determination by ignoring the well established principles of international law. This genie will have the capacity to wreak havoc in the conduct of the affairs of a large number of UN member states who will have their flanks exposed to similar demands.

As you sow - so shall you reap.

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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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