United Nations Association of the UK

ISSUE BRIEFING
State Recognition and Self-Determination

This topic is complex and requires that delegates gain at least a basic understanding of international law. Therefore, it is probably not appropriate for students below A-Level.

Introduction

When the United Nations (UN) was formed in 1945, it only had 51 members. Some independent states chose not to join until later, but almost all of Africa, South East Asia, the South Pacific, and the Caribbean was made up of colonies administered by European countries, the United States, Australia, and New Zealand. Over the next 50 years, one of the organisation’s most successful projects would be the work of the international trusteeship system, mandated by the UN Charter to administer transitional territories in ‘their progressive development towards self-government or independence.’ The Trusteeship Council that oversaw this process became inactive in 1994, having completed its task upon the independence of Palau. As of 2007, the UN has 192 member states.

The trusteeship system was rooted in the new organisation’s belief that the self-determination of peoples was one of the things that would contribute to the achievement of universal peace. Self-determination means giving groups the ability to ‘determine their political status and freely pursue their economic, social and cultural development.’ It does not necessarily mean that the group will be given, or even seeks, statehood. Many self-determination movements have sought varying degrees of autonomy within their current state or have merely called for recognition of and respect for their culture by their national government.

In the years following the establishment of the UN, the Charter’s promotion of self-determination was a key factor in the rapid and almost total disintegration of the colonial system and the creation of many new independent states. Until 1985, most of the new UN member states were former colonies, mostly in Africa and Asia. After 1990, many republics that had been part of the Soviet Union and Yugoslavia became independent and joined the UN in their own right.

Self-determination is also considered a human right, enshrined in both the International Covenant on Civil and Political Rights (Article 1) and the International Covenant on Economic, Social, and Cultural Rights (Article 2). Nevertheless, self-determination remains out of the reach of many groups and concessions to their demands for independence and autonomy represent a highly politicised topic for discussion.

When does a territory become a state?

State recognition and self-determination are legal concepts but the application of international law cannot be separated from the realm of international politics and state interests. Legal recognition will take place only when it is politically acceptable to the international community (and especially to the world’s most powerful states), regardless of whether or when the entity displays the legally defined attributes of a state.

A territory may be recognised as a state by some states without being recognised as a state under international law (as is the case with Taiwan). Recognition as a state may be signalled by accepting or sending diplomatic representation on a bilateral basis (e.g. Turkey is the only country that recognises the Turkish Republic of Northern Cyprus as a state), but gaining membership in the UN has come to represent the test of statehood under international law. This requires both a recommendation from the Security Council (which the permanent five members can veto, if they want to block independence and recognition) and approval by the General Assembly. As of 2007, only three states (the Holy See/Vatican, Cook Islands and Niue) are recognised under international law without being members of the UN.

States generally share several characteristics. In addition to being recognised as a state by a large number of other states (usually shown by admittance as a member of the UN), a state should control territory and that territory’s border with other states. States should also exercise control over their population, and may negotiate and enter into international agreements with other states (e.g. treaties). These characteristics are not shared by all states, nor do all non-states lack them. Somalia, for example, is a recognised state that has lacked a functioning government and has existed in anarchy since 1991. Taiwan exerts control over its territory and appears to be a functioning state, although it is not recognised as a state under international law. Cases like these illustrate the role of international politics in determining the recognition of statehood.

Continued struggles for self-determination

There are many places in the world which believe that they should be granted statehood. Somaliland, for example, has a stable, legitimate and democratically elected government, impressive economic development, a constitution and government institutions and even issues its own passports and visas. It declared its independence from Somalia in 1991, but despite the fact that Somalia has been operating in a state of anarchy since then, no state has recognised Somaliland as a state under international law. Other territories that are fighting for or negotiating for their independence include the Palestinian Territories, Kosovo, and Western Sahara. Group movements for self-determination may cross international borders, as with the calls for an independent Kurdistan made up of land from Iraq, Turkey, Syria and Iran. Movements may be also contained within the borders of one state, like calls for the independence of Scotland. They may be violent struggles or may consist entirely of non-violent political action (as in Scotland).

Often, only the unwillingness of certain powerful states to recognise their claims keeps these territories and groups from statehood. These decisions often reflect geopolitical realities, rather than the claimant’s actual argument or the state characteristics that it displays. Many other states have their own secessionist groups and so wish to discourage self-determination generally, rather than risk the chance that they could end up losing sections of their population, valuable chunks of land or resources. The situation in Chechnya, for example, and the Russian state’s desire to avoid creating a precedent for the recognition of breakaway provinces, is reason enough for the Russian government to refute certain other claims for self-determination.

The UN’s Role

In recent years, the UN has been involved in the transition of states towards independence. In Timor Leste, for example, the UN helped the East Timorese write a constitution and form the institutions of government in the lead-up to full independence from Indonesia.

Questions to consider

 Does my country have any independence movements or groups that have been calling for self-determination or independence? How will this affect my country’s attitudes toward regions or groups in other states that seek self-determination?

 Does my country recognise any states that are not recognised by the international community as a whole?

 Was my state a colony at any time in its history? If so, how was independence won/granted?

 ‘How much’ self-determination should be people be entitled to as a human right? Full independence? Limited autonomy?

 Does the UN need a new procedure for the foundation of new states to replace the old (and now inactive) trusteeship system? Should there be one standard approach or should decisions about statehood be considered on a case by case basis?

 Should there be definite rules for determining what constitutes a state? Why or why not? And, if yes, what should they be?

RESOURCES

International Law

Decolonisation & Trusteeship

Defining Sovereignty

Self-Determination as a Human Right

Case Studies

SAMPLE RESOLUTION

GA/3/1.1

Subject of Resolution: The Situation in Western Sahara  

Submitted to: The Third Committee (Social, Humanitarian, and Cultural)  

Sponsored by: France, Azerbaijan, Uganda, Bolivia, Niger

The Third Committee,

Recognising that Western Sahara is the only non-self-governing territory in Africa and only one of sixteen remaining worldwide,

Recalling the right to self-determination, guaranteed in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and considered by the UN Charter to be an ‘appropriate measure to strengthen universal peace,’

Having considered the Report of the Secretary General on the situation concerning Western Sahara (S/2006/817) and Security Council action on the situation concerning Western Sahara (S/RES/1720 (2006), S/RES/1495 (2003)),

Expressing its appreciation for the work done by the UN Mission for the Referendum in Western Sahara (MINURSO),

Deeply concerned that Western Sahara’s non-self-governing status has had devastating human rights consequences for its civilian population,

1. Calls upon member states to consider voluntary contributions to the ongoing human rights and humanitarian work in Western Sahara including:

  • Efforts to enable and increase communication between separated family members, especially family reunification visits;
  • Food distribution and other relief services provided by the High Commissioner for Refugees and the World Food Programme;
  • Landmine removal programmes;
  • Gender sensitivity training for members of MINURSO;

2. Draws attention to reports from human rights organisations, including Amnesty International and Human Rights Watch, of harassment of human rights activists and torture of political prisoners;

3. Urges all parties involved in the ongoing dispute in Western Sahara to:

  • Continue to work towards a free and fair referendum on independence or unification with Morocco;
  • Cooperate with MINURSO;
  • Respect and protect the human rights of all people in Western Sahara, with special awareness and sensitivity for the increased vulnerability of refugees, internally displaced people, women and children.
 
 
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