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Self Determination for Small Island Territories in the 21st Century Dr. Carlyle G. Corbin International Advisor on Governance and Multilateral Diplomacy April 2013 (updated 2016) Terminology Territories? Dependencies? Possessions ? Entities? Countries? Insular areas? Offshore areas? Outlying areas? Major Administering Powers Formally recognized by the UN France New Zealand United Kingdom United States Countries with Autonomous Arrangements New Zealand Cook Islands, Niue Denmark Greenland, Faroes Netherlands Curacao, St. Maarten, Aruba Norway Aland Islands Countries with Integrated Arrangements U.S. Hawaii, Alaska France Guadeloupe, Martinique, Fr. Guiana, Reunion, Mayotte China Hong Kong, Macau Countries with Integrated Arrangements Chile Rapa Nui/Easter Is. Columbia San Andres, Providencia & Santa Catalina Caribbean Non Self-Governing Territories (UN listed) Anguilla UK Bermuda UK British Virgin Islands UK Cayman Islands UK Montserrat UK Turks & Caicos Islands UK US Virgin Islands US Pacific Non Self-Governing Territories (UN listed) American Samoa US Guahan (Guam) US Kanaky (New Caledonia) France Ma'ohi Nui (Fr. Polynesia) France Tokelau New Zealand Pitcairn UK Self-Governing Autonomous Countries: Atlantic/Caribbean Aruba Netherlands Curacao Netherlands Sint Maarten Netherlands Puerto Rico * United States Autonomous/Semi autonomous Countries: Pacific Niue New Zealand Cook Islands New Zealand Northern Marianas United States Fed. States/Micronesia United States Marshall Islands United States Belau (Palau) United States Other Non-Independent Jurisdictions Greenland – autonomous w/ Denmark Faroe Islands autonomous w/ Denmark Wallis & Futuna – collectivity status w/ France St. Martin – autonomous (collectivity) of France St. Barts – autonomous (collectivity) of France Non Ind. Caribbean/Atlantic/Other Non-Self Governing Autonomous Former Territories (as listed by the U.N.) (not listed by the U.N.) now integrated Anguilla Aruba * Guadeloupe Bermuda Puerto Rico * Martinique British Virgin Islands Greenland French Guiana Faroe Islands Cayman Islands Curacao * Bonaire * Montserrat Sint Maarten * Saba * Turks & Caicos Islands St. Martin * St. Eustatius (Statia) * U.S. Virgin Islands St. Barts * San Andres * St. Helena (South Atlantic ) Non Independent Asia/Pacific Non-Self Governing Autonomous Former Territories (as listed by the U.N.) (not listed by the U.N.) now integrated Niue American Samoa N. Mariana Islands * Hawaii * Guam Cook Islands Alaska New Caledonia Micronesia (Fed. States)* Hong Kong Tokelau Marshall Islands* Macau Pitcairn Belau (Palau) * Rapa Nui * Maohi Nui (Fr. Polynesia) Peripheral Dependencies Caribbean Curacao Sint Maarten Saba Bonaire St. Eustatius Puerto Rico Periphery dependencies Pacific Northern Mariana Islands West Papua Rapa Nui (?) Wallis and Futuna International Legal Mandate League of Nations Atlantic Charter United Nations Charter Decolonization Declaration (General Assembly 1514 (XV) Options of Political Equality UNGA Res. 1541 XV League of Nations The League of Nations at opening session in Geneva Atlantic Charter British Prime Minister Sir Winston Churchill and U.S. President Roosevelt at the Atlantic Charter #24469 The eighth clause of the Atlantic Charter states, “All nations of the world, for realistic as well as spiritual reasons, must come to the abandonment of the use of force.” The Heart of the UN: the General Assembly #63038 108500 International Legal Mandate Human Rights Instruments: International Covenant on Civil & Political Rights International Covenant on Economic, Social & Cultural Rights “All peoples have the right to self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development.” International Legal Mandate Vienna Convention – Article 53: Recognises self-determination as a preemptory norm of general international law. Also recognized by International Court of Justice in various rulings. International Legal Mandate Self-determination is further elaborated upon in the proceedings of: The Human Rights Committee The Human Rights Council The Committee on the Elimination of Racial Discrimination Political Mandate Millennium Declaration 2000 World Summit Outcome 2005 UN Declaration on the Rights of Indigenous Peoples UN General Assembly resolutions Self-Determination Process Self-determination is recognized as a norm of customary international law governing the right of a people with a common identity…as a collective people who maintain a link to a defined territorial integrity…and who can form a defined political entity.” (Sterio, 2009, 3-4). UN Resolutions 66-1 (1946)- Established the list of NSGTs (72 territories were originally listed) 222 (1948) - Information on NSGTs to UN 567 (1952) – identified that a full measure of self-government is attained through independence, internal self-government or integration 742 (1953) – established the principle that self- government could be achieved by association with another State or group of States if this is done freely and on the basis of absolute political equality. Puerto Rico Neth. Antilles Greenland Suriname (removed from UN list by UN resolution on the basis of the strength of Res. 742) Decolonization Declaration 1514 (XV) of 1960 Right to self-determination Legitimate political options further defined Transfer of powers without condition or reservation in advance of self- determination Fully applicable to Caribbean NSGTs Dependency impedes world peace Standards for Self-Government 1541 (XV) of 1960 Further refined the principle of absolute political equality. Defined the three options of political equality as independence, free association and integration. Established the minimum standards for full self- government with political equality. Remains the basis for full self-government. Minimum Standards for Political Equality Autonomy: “Free association shall be the result of a free and voluntary choice by the peoples of the territory concerned expressed through informed and democratic processes.” Free association should permit the right to determine the internal constitution without outside interference. Do the autonomous countries meet this criteria today? Minimum Standards for Political Equality Integration: Should be on the basis of complete equality between the people of the former territory and the country into which it is integrating. Equal status and rights of citizenship. Equal representation and effective participation in the political system. Further Legislative Authority Res. 2625 (XXV) – Recognized that “equal rights and self-determination of peoples constitutes a significant contribution to contemporary international law.” Recognized the emergence of differing and flexible political models with the understanding that the minimum standards still applied. Res. 2625 was not intended to legitimize political dependency models which were not fully self-governing. UN resolutions between 1970 – 2012 continue to reaffirm applicability of decolonization standards of Res. 1541. ICOJ ruling on W. Sahara confirmed applicability of self-determination (1975). International Decade(s) on Decolonization 1991-2000, 2001-2010, 2011-2020 Dependency Accommodation Attempts to legitimize dependency: Protectorate status Sustained autonomy Partial integration Deficient “autonomous” status United Kingdom Territories White Papers of 1999 and 2012 confirming present dependency status as only option other than immediate independence. Dismisses autonomy as option U.S. Dependencies Guahan(Guam) Law authorizing referendum on 3 options Commission on Decolonization Lawsuit on voter eligibility Referendum (2018?) U.S. Dependencies American Samoa *Political status study on options ‘07 *Ref. on const. amendments (2010): - policy on Samoan communal lands - Territorial control over natural resources - limitation of Interior authority-legislation - Creation of political status comm. (2016) U.S. Dependencies U.S. Virgin Islands Political status referendum in 1993 5th Constitutional Convention (2010) draft constitution adopted Congressional objections Draft approved but no referendum UVI capacity building project (2016) U.S. Dependencies Puerto Rico - White House reports 2005, 2007, 2011 confirming commonwealth status remains under territorial clause of U.S. Constitution - Referenda on options inconclusive 2012 referendum results - PROMESA (2016) U.S. dependencies Northern Mariana Islands Commonwealth Covenant providing for high degree of autonomy. Reversal of control over labor laws & immigration Law adopted to review options in midst of reversal of autonomy French Caribbean Jurisdictions: French West Indies French Caribbean Three integrated departments Decentralization of two former communes: St. Barts, Saint Martin French Pacific Jurisdictions New Caledonia Matignon Accord followed by the Noumea Accord Multi-year year transition to referendum on self-determination between 2014-2018 Capacity building requirements insufficient French Pacific Jurisdictions Ma’ohi Nui French Polynesia 5 Autonomy statutes since 1977, most recently in 2004 delegating limited powers but subject to reversal. UN re-inscription in 2013 Dutch Autonomous Countries Dutch autonomous countries Aruba, Curacao and Sint Maarten Peripheral dependency based on independent assessment of self-government sufficiency Applicability of Dutch Consensus Laws removed previously held autonomy Danish autonomous Countries Greenland Self-Government Act provides extensive ‘devolved’ powers, rather than reversible ‘delegated’ powers Self-governance Indicators U.N. listed territories Awareness of political options Level of unilateral authority Evolution of governance capacity Ownership of natural resources Economic dependence on cosmopole Extent and nature of military presence Level of commitment of cosmopole Level of UN engagement in process Level of participation in international system Autonomous Countries - Extent of mutual consent - Unilateral applicability of laws, treaties - Ownership of natural (marine) resources - Freedom to modify constitution - Economic dependency and military activities Integrated Jurisdictions Degree of political equality Extent of equal participation and represent. Degree of economic/monetary integration Degree of regional economic autonomy Right to self-determination (?) Geo-strategic considerations Geo-economic considerations Claims by cosmopole of exclusive economic zones of dependencies which include access to fisheries, strategic minerals, energy reserves. Conclusion The process of self-determination has not ended but has taken on increasingly complex dimensions. Many of the present dependency arrangements do not meet international standards of full self-governance. Self-governance assessments have proven useful to determining the democratic deficits in the existing political arrangements to move the territories to full self-government. Thank you!