Mohammed Sultan - محمد سلطان
The human gatherings were initially represented as a group of people who would be members of the same tribe, same religion or even sharing anything in common that would guarantee their solidarity and loyalty to each other. Most of the countries now are not based on pure race or nationality in the sense that almost all of the metropolitan or major states are, in fact, a mixture of different races, religions and backgrounds. Such diversity has led to complex consequences especially after colonization and the establishment of the independent states. The concept of Self-Determination could be arguably traced back to 1776 when the United States of America had the declaration of independence (Thurer & Burri, 2008). The Author even expounded on that by showing the trajectory of the concept over the years from the Woodrow Wilsons's 14 points to the wave of decolonization. One major point in that journey of legalizing the concept of self-determination is the provisions of the Atlantic charter because it played a role in incorporating the concept in the UN charter (Thurer & Burri, 2008).
Self-determination does also come with a legal aspect since it is considered as a part of the modern International Law as the author explains. The legality of the subject could be seen through four major incidents. Firstly, this principle was utilized as a keystone in all of the negotiations after the World War I. Secondly; the concept also was used as means to pave the way for legalizing the decolonization law. In other words, it was like the doctrine upon which the law was formed. Thirdly, the commission of Rapporteurs in the Aland island case has issued that the concept is to be applied when there are disputes over undetermined territories or conflicts about sovereignty. Finally, the concept allows the inhabitants of any existing state to freely choose their representatives or form of government, like indigenous groups following their own traditions as jurisdiction.
The current trend now is inclined towards paying attention to the internal self-determination or the internal issues within the states. Another aspect of self-determination is that it is used as a caliper to legitimacy, and even in other circumstances it is used as an umbrella of other rights, like the right to reunification. For example, those who live in divided countries, like on the borders, because of war or any other reason they are not to be stripped from the right of reunification. Finally, the secessionist movements have also capitalized on the right of self-determination such as the case of Kosovo. I think this incident is what worries most of the countries especially those who have diversified population and beliefs.
A manifestation of lacking the right to self-determination is the Arab Countries. The right to self-determination is not an individual-based one but rather it is a collective right (Dweik, 1997). The same article states that the right is to be applied, firstly, when a group of "to whom the region belongs" are ruled by an alien group. Secondly, if the group is not allowed to practice sovereignty over the territory or region to which they belong.
After the fall of the Ottoman Empire, in 1923, the Palestinians, like the rest of the countries that were under the Ottoman reign, were asking for the right of self-determination. Unfortunately, they were neglected as Palestine was under the British mandatory. They were oppressed even under the League of Nation resolution which ignited them to keep resisting the colonial powers. Surprisingly, the British who denied the Palestinians the right to self-determination granted the Zionists the land as a national homeland. In 1969, "the General Assembly ceased to treat the Palestinian problem as one of refugees needing care and shelter" (Dweik, 1997). . The Israeli Occupation repeatedly and deliberately violates the UN declaration of Human Rights by displacing the Palestinians by force. In fact, this is quite revealing about the status of the international treaties and even the claims against the international law as just a means for the major powers to stay subjugating the developing countries.
Another dimension of the status quo of self-determination in the Arab World is the issue of freedom of faith. In almost all of the Arab countries, the citizens are denied the right to embrace other religions, the Abrahamic ones. This issue seems like only bound to a violation to a human right, but in fact, it has other aspects. According to my own analysis, those people are denied choosing their religions because once they adopt a new faith; the governments will be obliged to provide them places of worship and other services. If those services are not met, those people can resort to the right of self-determination against their governments which could be of a great deal and internationally embracing, politically speaking.
Another aspect of the right to self-determination as arisen by the Global Research Center's Report is what the Arab Spring has faced before its revolutionary wave (Nazemroaya, 2011). The report argues that the Arab masses have revolted because simply they were denied there very basic rights since they were ruled by dictators who work for the interest of the capitalist world, not their citizens. The right of self-determination was established as means to empower decolonization, yet it is being manipulated and exploited for political purposes because it relies on the customary international law, along with the written treaties and laws, which is exactly the same case of the Public International Law.
References
Dweik, M. (1997, Nov). Settlements and the Palestinian Right to Self-Determination. 4(2). Retrieved from http://www.pij.org/details.php?id=478
Nazemroaya, M. D. (2011, Feb 14). The Struggle for Self-Determination in the Arab World: The Alliance between Arab Dictators and Global Capital. Center for Research on Globalization . Retrieved from http://www.globalresearch.ca/the-struggle-for-self-determination-in-the-arab-world-the-alliance-between-arab-dictators-and-global-capital/23050
Thurer, D., & Burri, T. (2008). Self-Determination. Encyclopedia of Public International Law.
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