Oct 17, 2018

UNPO Speaks at Self-determination Conference at European Parliament


On Wednesday 10 October 2018, UNPO Programme Manager Fernando Burgés was invited to speak at EU-Catalonia Dialogue’s Conference: “Self-determination: finding ways to advance within the EU framework”. Hosted by MEPs Ana Miranda, Josep-Maria Terricabras, Jordi Solé, Ramon Tremosa and Izaskun Bilbao at the European Parliament, it included speakers from nations who were seeking or had sought self-determination through referenda and other democratic processes, as well as experts on the issue. The conference was an excellent opportunity for unrepresented peoples to come together and discuss their common struggles, as well as ways to move forward to achieve their goals on the national and international stage.

The conference’s first panel focused on the cases of the Basque and Catalan peoples, both of whom have been struggling against Spain’s refusal to acknowledge their right to self-determination. Joseba Egibar from the Basque National Party (PNV) and Maddalen Iriarte from Basque Country Unite (EH Bildu) argued for the need for a new relationship model with Spain, one in which mutual recognition and respect of each other’s sovereignty where supported by a legal constitution on a federal level. Self-determination for the Basque people, they argued, is not an identitarian issue but a democratic one, as they should be afforded the same rights to political representation as many other peoples enjoy. They also drew attention to the difficulties encountered by nationalist movements looking for independence within the European Union’s framework, particularly when applying for EU membership that they would have accessed more easily had they declared independence from a non-EU member state.

They were followed by Elisenda Paluzie, President of the National Catalan Assembly (ANC) – the largest Catalan civil-society organisation – who presented Catalonia’s case for self-determination. Referenda have been the recognised vehicle for self-determination since the dissolution of the USSR, whether or not the dominant state approved them. Spain’s refusal to recognise Catalonia’s right to self-determination, despite having signed and ratified the UN Covenant on Civil and Political Rights, led to the use of violence as a way to repress the Catalans’ rights. The Spanish state violated their rights to self-determination, assembly, expression, etc. She further criticised the upcoming Spanish Supreme Court’s trial of 25 Catalan independence leaders (which includes government officials and grassroots organisers) accused of “rebellion”, which a German court already denied as a legitimate grievance since the charge requires violent acts to have been committed. Finally, Paluzie called for the EU to agree on a coherent policy on self-determination.

Elena Jiménez from Òmnium Cultural, a Catalan cultural organisation, then took the floor. She presented the case of her organisation’s leader, Jordi Cuixart, now imprisoned and awaiting trial for a year following the events surrounding the Catalan referendum. That his arrest predates the Catalan declaration of independence underlines the threat to human rights that Spain’s handling of the situation created, particularly regarding the rights to freedom of speech and though, the right to dissent and to peacefully demonstrate. She further asserted that this threat will extend to Europe if the EU allowed Spain to criminalise the Catalan self-determination movement instead of bringing to the conflict to debate at the Parliament.

The second panel presented testimonies from nations that had held or were soon to hold referenda on self-determination. The first speaker was Robin McAlpine from Common Weal, a think tank and advocacy group which was heavily involved in the 2014 Scottish Independence Referendum. He drew attention to the fact that, although the Scottish referendum was organised with British approval, the Scottish Parliament had had to ask Westminster to temporarily defer to them the power to hold the referendum on self-determination, as they lacked the legal authority to do it themselves. He then criticised the EU’s increased centralising of power, based on an outdated concept of nation-states which has contributed to the rise of isolationist, populist movements as well as the repression of minorities and independence movements. The EU’s lack of response to the violence against the Catalonian referendum was also condemned, before he offered a vision for a future Europe centred on autonomy movements, which would offer more democracy and regional decision-making while also allow for multilateral cooperation between peoples.

Magni Arge, part of the Faroe Islands’ Pro Independence Party and MP in the Danish Parliament, was the next speaker. He discussed the Faroe Islands’ 1946 referendum, which showed a majority in favour of independence but was not accepted, and which was followed by the “Home Rule Act” which governs Danish-Faroese relations today. Though nowadays the desire for independence is not a majority wish as it is in Catalonia, the Faroe Islands continue to push for more internal autonomy and self-rule. However, the Danish constitution does not mention the Faroese and as such the need for their own constitution, although the fact that legally any Faroese constitution must have Danish approval poses an issue of self-determination. More generally, the absence of any written recognition of the Faroese’s right to self-determination means a reliance on the current Danish politicians goodwill, and on the pressures of moral obligations rather than legal charters. As a result the silence of Western democratic societies regarding Catalonia’s self-determination is all the more concerning, as it suggests there would be no external condemnation should Denmark choose not to respect the Faroe Islands’ own right to self-determination.

Mickael Forrest of the National Kanak Socialist Liberation Front (FLNKS) closed the second panel by discussing the upcoming 4 November 2018 referendum in New Caledonia, currently under French rule. In 1988, New Caledonia and France signed an accord to “rebalance” power dynamics and ensure economic development ahead of a referendum on independence. A decade later, conservative movements pushed for a new accord to prevent the referendum; instead, independence was “programmed” over two decades. The upcoming referendum is therefore seen by the indigenous Kanaks as a natural result of the most recent accord, despite local conservative groups’ vision of the accords as a preventive measure. He also highlighted the Kanaks’ willingness to share their right to self-determination with the descendants of forcibly displaced slave populations, considering that the lack of self-determination undermines the identity, culture and language of a people.

The third panel began with Carlos Villán Durán, author and former member of the Office of the United Nations High Commissioner for Human Rights in Geneva. He highlighted the contrast between the ease of organising a conference on self-determination at the European Union compared to in Spain. The imperative of self-determination he argued, is held by all peoples, and is enshrined in international law: it is explicitly mentioned in the UN Covenants on Civil and Political Rights and on Economic and Cultural Rights’ first paragraphs. Nations cannot then attempt to use their domestic laws to avoid recognising self-determination despite having ratified international treaties on the subject.  Overall, self-determination is necessary to preserve individual and collective human rights.

The conference’s final speak was UNPO Programme Manager Fernando Burgés. He introduced UNPO as a membership organisation bringing together peoples and groups working on self-determination as a fundamental human right. He highlighted that self-determination does not automatically mean independence, though this association has caused it to become a taboo subject in international politics, where it is considered subversive by states – particularly in a post-colonial, post-USSR world. Nowadays the idea of creating a new state or changing borders is considered fringe, even radical, although the UN Resolutions specifically state self-determination is not restricted to colonised or oppressed peoples. Self-determination is often seen as a threat to territorial integrity, which has become the dogma of international relations. However, the European project is based on the recognition and guarantee of a variety of human rights – non-intervention in internal affairs does not cancel out commitment to democratic principles, including the right for a people to democratically express their will.

The conference concluded with a Q&A session and closing remarks by representatives from the organising EU-Catalonia Dialogue.

Image courtesy of the European Free Alliance