The beginning of the concept ...
Self-determination of a people can be defined as the right of a people to decide their own forms of government, pursue their economic, social and cultural and structured freely, without interference external and in accordance with the principle of equality.
There are several stages through the story that lead to the current definition and its corresponding protection. First measure is the philosophical concept of self-determination which is derived from the human need to realize their aspirations and the assertion of inherent equality that we all have, and as such composed of principles not only from Western culture.
Also, with the French Revolution introduced the term "non-interference in the affairs of the people" and the Declaration of Independence (USA) was annexed it was necessary to "take the nations of the earth the separate and equal station to which the laws of nature and nature's God entitle them that. "
Create a concept of self-determination was slow, with strong opposition from large potenciasEntrados the twentieth century and once established the idea of \u200b\u200bthe Nation State, United States, in a move to stop the advance of colonization American European proclaim a doctrine, known as the Monroe Doctrine, which established the "America for Americans" and a very diplomatic way possible braking power interests overseas may have.
In the economic framework that stands out most was proclaimed in 1902 by Dr. Drago who in an attempt to overthrow the British mainly to U.S. extortion proclaimed that "The debt does not justify foreign intervention"
Also there are variations from different worldviews. This, for example the communist vision of self-determination proclaimed by Lenin who stated that the right to self-determination is a right to secession, but subordinating it to the class struggle. In response to this statement the western side, at the head of President Woodrow Wilson proposed that the colonial claims were settled in accordance with a balance between the interests of affected populations and the demands of European imperial powers, which caused great controversy in Spain, England and Portugal (main colonial powers).
search history and legal supports
The two world wars was one of the issues that slowed the legal and social progress of self-determination of peoples and only was not until the end of World War II was achieved a small breakthrough. When creating the United Nations, enshrined in Article I of the "Self-determination of peoples", in Chapter IX "The treatment with respect to the colonies" and Articles 73 - 79 "Declaration on Non-Self" providing the legal framework which was sought for many years.
The contents of the statement is that among nations sought friendly relations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace . Addition was added to the universal respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, and the effectiveness of such rights and liberties which would open the way to the declaration of the Fundamental Rights man, or better known as the First Declaration of Human Rights.
Only until 1970 was included in the declaration of Human Rights the right to free legal body determinaciónEl was based on resolutions 1514 and 1541 on 14 December 1960 and December 15 of that year respectively. The content of these statements was based on Granting of Independence to Colonial Countries and Peoples " also known as the Magna Carta of decolonization, also condemning colonialism and declared that all peoples have the right to self determination, right to be exercised through the public consultation through plebiscite or referendum. It also sought to identify the entities entitled to invoke the right to self-determination and declared that it is essential that the local population to express their will freely govern even if qualified that this will not always have to lead to the formation of a new sovereign state .
From this moment the right of self-determination could lead to independence, free association or integration in another state since the towns were now entitled to the right of self-determination and all this was based on two criteria: the existence of ethnic and cultural differences and geographic separation between colony and the metropolis.
the year of 1970 was a restatement of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations which established that self-determination was a right all peoples and entails obligations for all States, and compliance was a necessary condition for the establishment of friendly relations and cooperation among States.
was raised a new international order based on respect for the dignity and human rights and it is from this point that self-determination of peoples is a fundamental right for everyone.
Nature and contents
The right to self determination is classified as third generation human rights, the International Court of Justice in its advisory opinion on Western Sahara, said it is a collective right whose ownership belongs peoples, although some authors claim that the right of self-determination is individual and collective at the same time and includes political, economic, social and cultural rights and for full effectiveness requires the concurrence of all these elements. In short you are looking to ensure the right of peoples to maintain their forms of government and its own path to economic development, social and cultural.
internal self-determination for some of the right of ownership is both collective and individual right of peoples to decide their political organization and pursue their cultural, social and economic development, seeking to preserve their identity and the right of every citizen to participate in public affairs. This is the Government who should represent the whole population without distinction as to race, creed, color or any other and is often associated with democracy and respect for human rights.
external self-determination refers to the right of peoples to freely determine their place in the international community of States, in accordance with the principle of sovereign equality. By definition a people can determine the formation of an independent state, free association, integration into an existing state or acquisition of any other political status freely determined by the population. This aspect is reflected in the prohibition of colonialism and of domination and exploitation in general. Free
economic determination
common Article 1.2 of the International Covenants on Human Rights proclaims that "In order to achieve their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising international economic cooperation based on the principle of mutual benefit and international law. In no case may a people be deprived of their means of subsistence. "
Although not new, economic self-determination was one of the more opponents at the time of providing legal support since the colonial powers were in danger possession of overseas resources and were not willing to transfer them. However, the December 14, 1962 there is the Declaration on permanent sovereignty over natural resources which enshrines the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interests of national development and welfare of the people of the State concerned ".
Different definitions, variations in the content
minority pressure accelerated the process that sought to provide a framework for different definitions jurídicoExisten on the concept of self-determination of peoples. Under colonialism is a group of persons subject to the geographical separation between the colony and the metropolis and the existence of ethnic and cultural differences. This principle applies possidetis jure means that the new state is formed under the decolonization process should keep the borders that existed.
Another definition is given by those subject to foreign domination by resolution 1415 of 1960 provided that "The subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle of self determination."
Perhaps the most important definition is the States that grant, which states that the population of a State (or, again, a dependent territory) to decide their government in the free exercise of popular sovereignty. It follows the prohibition of foreign domination and the need to respect human rights and fundamental freedoms also can not occur, either in law or by way of the facts, any election that is irreversible.
minority groups the right to self
Broadly speaking there are different minority groups and each one is treated in a special way. First instance are the ethnic groups who consider themselves as people and, therefore, subject to the right of self-determination. Following them are minorities, who by definition are those non-dominant groups of the population who own and wish to preserve certain traditions or ethnic, religious or linguistic minorities are clearly different from the rest of the population and also have the right to self-determination and protection of the rights of minorías.Y last and are more particularly indigenous peoples. These are those that have a historical continuity with respect to pre-colonial societies that existed in a given territory, which consider themselves distinct from the dominant sectors of society and seek to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity as the basis for their continued existence as peoples, in accordance with their cultural, social institutions and legal systems. But being a minority does not represent the assignment of the right of self-determination unless they become a representative in a State sector.
