UK Lectures Peoples Self determination and Secession Peoples defined contiguous diasporas and non contiguous diasporas Some clarification and theoretical implications Internal Selfdetermination representation selfgovernment or special status ID: 539734
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Slide1
Michel Seymour
UK Lectures
Peoples, Self
-determination and Secession
Peoples defined (+ contiguous diasporas and non contiguous diasporas)
Some clarification and theoretical implications
Internal Self-determination : representation, self-government or special status
External self-determination: primary and remedial right only theoriesSlide2
Seven
sorts of peoples(based on different national self-representations)
Ethnic
:
same
ancestry
,
language
, culture,
history
(
some
indigenous
peoples)
Cultural :
multiethnic
,
same
language
, culture and
history
, no administrative unit (
Acadian
, Rom)
Sociopolitical
:
possibly
multiethnic
,
multicultural
and multinational, but
same
common
public
identity
and
same
non
sovereign
administrative unit (Nunavut,
Quebec
, Scotland,
Catalonia
)
Civic :
same
mononational
sovereign
country (
Iceland
, Portugal,
Korea
)
Multisocietal
:
same
multinational
sovereign
country (Great
Britain
, Canada, Spain,
Belgium
)
Multiterritorial
:
same
culture
equally
spread
on
many
continuous
sovereign
territories
,
minorities
on
each
of
these
territories
(Mohawk in
Akwasasne
and
Kurds
in Kurdistan)
Diasporic
:
same
culture
equally
spread
on
discontinuous
sovereign
territories
,
minorities
on
each
of
these
territories
(
old
jewish
diaspora
before
the
creation
of
Israel
)Slide3
Minority
fragments of peoples: (i) Contiguous diasporasExtensions of neighbouring national
majorities
(
often
called
‘
kin
minorities
’)
From
a
different
country (
Russians
in the
Baltic
States,
Palestinians
in
Israel
)
Within
the
same
country (Catalans in Valencia and Basque in
Navarra
)
From
a
multiterritorial
people (
Kurds
in Irak)Slide4
Minority
fragments of peoples(ii) Non contiguous diasporasImmigrant communities
(not
born
in the country of
residence
)
Historical
communities
still
identifying
with
a
foreign
country (second
generation
of
Pakistanese
living in the UK)
Fragment of a
diasporic
peoples (New York
Jews
before
the
creation
of
Israel
)Slide5
Legitimacy
of inclusive conceptionsA civic conception is legitimate
only
if
there
are no
minority
peoples on the
territory
(
Korea
,
Iceland
, Portugal :
legitimate
; France :
illegitimate
because
of
Corsica
) and if
their
other
minorities
are
recognized
A
sociopolitical
conception
is
legitimate
only
if
minority
peoples and
other
minorities
are
recognized
(
Quebec
with
its
eleven
indigenous
peoples, English
Quebeckers
, and immigrant
communities
)
A
multisocietal
conception
is
legitimate
only
if
minority
peoples and
other
minorities
are
recognized
(Canada, Spain:
illegitimate
? Great
Britain
:
legitimate
)
If peoples and
other
minorities
are
recognized
,
their
self-exclusion
is
illegitimate
.Slide6
Clarifications and
Theoretical ImplicationsThe taxonomy is
perhaps
incomplete
and not
entirely
accurate
No
circular
definitions
: national
consciousness
defined
without
recourse
to the concept of nation
A national
self-representation
is
not
always
legitimate
: France
No
essentialism
:
allows
for
diversity
, plural
identities
and change
All peoples are
societal
cultures : basic
institutional
structure
realized
in a
character
of culture
All peoples have an
institutional
identity
(
language
, institutions,
history
) but not
necessarily
a
governmental
administrative unit
We
must
distinguish
the structure and
character
of the culture
National
consciousness
:
self-representation
+ the
will
to survive
Multilingual
peoples are possible but
they
are
agregates
of simple
societal
culturesSlide7
Self-determination
Internal self-determination: the right of a people to develop its own
economic
, social and cultural institutions and the right to
determine
its
political
status
inside
the
encompassing
state
External
self-determination
: the right to
own
a state (for
those
who
already
have one), or
secession
, violation of territorial
integrity
or association
with
a
different
state, (for
those
who
have none)Slide8
The argument
for internal self-determinationPolitical liberalism
:
considers
all agents
with
an
institutional
identity
All
institutional
agents
that
respect
others
must
also
be
respected
Peoples
may
be
such
institutional
agents
Among
all the
interests
of peoples,
those
interests
that
relate to the maintenance and
development
of
their
institutions have a
bearing
on
their
very
existence and
thus
can
be
the
subject
of
rights
Peoples
therefore
have the right to
secure
the maintenance and
development
of
their
institutions
This
is
the right to
internal
self-determination
. Slide9
Different
interpretationsof internal self-determination
Substantial
:
Political
representation
of the people in the
governmental
institutions of the
encompassing
state
Self-government on a certain administrative unit (land,
republic
,
region
, province,
federated
state,
reserves
)
Special
constitutional
status
:
asymmetric
federalism
Procedural
:
The right to
participate
in
negotiation
, conversation and
deliberation
concerning
constitutional
changesSlide10
External
Self-determinationThe right to keep one’s own
sovereign
state
The right to
revolution
(if the people
coincides
with
the
whole
population of a
sovereign
state
governed
by a
tyrant
)
The right of
stateless
peoples to
secede
and
violate
the territorial
integrity
of an
existing
sovereign
state
The right to association
with
a
different
country for a people
that
no longer
wishes
to
be
governed
by a
given
state
because
it
cannot
survive on
its
own
as a
sovereign
state.Slide11
Different
theoriesof external self-determination
(A) (
general
,
unilateral
)
Primary
right
theories
:
Choice
theories
: a
majority
in a
given
association of
persons
on a
given
territory
that
wishes
to
secede
is
entitled
to do
so
,
even
if
it
is
not
subject
to injustice (Harry
Beran
, Christopher
Wellman
)
Ascriptive
theories
: peoples have an
intrinsic
value and for
this
reason
have a
primary
right to
secede
,
even
in the absence of injustice. (
based
or not on the
nationalist
principle
) (Joseph Raz and
Avishai
Margalit
)Slide12
Different
theories of external self-determination(B) (General,
unilateral
)
Remedial
right
only
theories
(
just
cause
theories
)
A cultural group has the right to
secede
only
if
it
has been
subjected
to
past
injustice
Violation of
human
rights
(
Kurds
in Irak)
Annexation
of
territory
(
Baltic
States)
Systematic
violation of
intrastate
autonomy
agreements
(Kosovo) (Buchanan 2007)Slide13
Different
theories of external Self-determinationIn addition to the
previous
three
just
causes,
we
must
add
:
The violation of the
p
rocedural
right to
Self-determination
The violation of
internal
self-determination
(
under
at
least one
interpretation
of
that
right)
This
is
my
own
theory
(
see
my
paper
in
Inquiry
2007) Slide14
My Differences with Buchanan
Peoples are special (as opposed to other cultural groups) : they are (along with persons) ultimate sources of valid moral claimsPeoples are bearers of collective rightsThey have a primary general right to internal self-determinationThey have a remedial right to external self-determination if their right to internal self-determination is violated.No presumption in favour of existing states and territorial integrity (sovereign peoples do not have a primary right to own a state)Slide15
General
Working HypothesesPeoples are the primary subject of collective
rights
;
There
is
a
primary
right to
internal
self-determination
for all
seven
sorts of peoples;
There
is
no
primary
right to
external
self-determination
for
any
people, not
even
those
that
already
own
a state;
Contiguous
and non
contiguous
diasporas are fragments of peoples and are
subject
of a
reduced
version of the right to
internal
self-determination
,
excluding
self-government, and no right to
secede
.Slide16
The
institutionalisation of the right to secedeDifferent
criteria
that
demonstrate
the
feasability
of a
particular
set of
norms
governing
secession
:
Compatibility
with
progressive
elements
of international
law
Acceptable in the
near
future by the international
community
Not
creating
perverse
incentives
Morally
accessible to
different
communities
Able to deal
with
transition
Able to
make
a
valid
claim on the
territory
.
(
These
are all Allen
Buchanan’s
criteria
)Slide17
Self-determination
in International LawAll peoples have the right to internal self-determination;Internal
Self-determination
is
defined
as the right to
develop
its
economic
, social and cultural institutions and the right to
determine
its
political
status
within
the
encompassing
state;
It
is
a
primary
right
that
only
peoples have;
No people has a
primary
right to
secede
;Slide18
Self-determination
in International LawRemedial justifications for secession:Colonisation (
African
colonies);
Oppression (China in Taiwan, USSR in
Baltic
states);
Violation of the
internal
right to
self-determination
(Tibet
within
China,
Catalonia
within
Spain
concerning
the
Statute
of
autonomy
or
Quebec
within
Canada
with
the
unilateral
patriation
of the constitution and the rejection of
Meech
Lake Agreement)Slide19
And the winner
is: the just cause (remedial right only) theory
International
law
does
not
accept
the
primary
right to
secede
;
The international
community
would
never
accept
a
primary
right to
secede
;
A
primary
right to
secession
would
create
perverse
incentives
: a domino
effect
;
It
isn
an
approach
not
morally
accessible to all;
It
would
imply
chaos
during
transition;
Endless
territorial disputes.Slide20
Buchanan’s
version Does not capture the progressive elements of international law (peoples as special
and
owners
of a
general
primary
right to
internal
self-determination
);
The international
community
will
never
accept
Buchanan’s
suggestion
that
all cultural groups
could
under
certain conditions
be
entitled
to
secede
;
Perverse
incentives
:
endless
number
of violations of
human
rights
as an
incentives
for the
secession
of
many
cultural groups, if Buchanan
is
right.Slide21
My
version of the just cause theoryIn perfect accordance with
international
law
;
Acceptable for
multination
states
that
want
to
prevent
the
growing
number
of
seceding
groups;
already
accepted
in the 1970
Declaration
on
Friendly
relations
among
states
Stability
in multinational states;
Political
liberalism
is
morally
accessible to all;
Transition
settled
by
negotiations
;
No territorial disputes :
uti
possidetis
jurisSlide22
Difficulties
with Remedial Accounts?Difficulty in
establishing
a supranational instance
responsible
to
adjudicate
the moral justification for
secession
of a
particular
group
Answer
:
The UN
assisted
the
self-determining
process
in
Eritrea
, East Timor and Western Sahara. So the UN
could
get
more
involved
. In the
meantime
,
seceding
peoples and and the
encompassing
state
could
agree
on
creating
an
independent
body of international
jurists
and
constitutionalists