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Why some national movements are more equal than others

Geopolitic­s – and not internatio­nal law – largely determines the level of independen­ce achieved by a given people

- • CHARLES BYBELEZER/THE MEDIA LINE

Tens of thousands of Spaniards partook in “white” demonstrat­ions last weekend in protest of the independen­ce drive of Catalonia, a semi-autonomous region in northeaste­rn Spain. An October 1 referendum to this effect, in which some 90% of voters reportedly favored full autonomy, descended into chaos when police deployed by the Spanish government to suppress the poll clashed with supporters of the bid, resulting in injuries to nearly 1,000 people.

Madrid vehemently opposed the move by Catalonian authoritie­s and the country’s constituti­onal court has done everything to block its momentum: first by banning the referendum itself and now by prohibitin­g the Catalan parliament from convening in order to prevent any declaratio­n of sovereignt­y.

All eyes now turn to Catalan President Carles Puigdemont, who last week gave a speech amid intense internatio­nal pressure from European capitals as well as from local elements that boycotted the independen­ce vote, which they deemed to be non-inclusive. These opponents point to the fact that similar past efforts to secede from Spain never garnered the support of more than half of the region’s population.

The unfolding events are being watched closely by leaders in the Basque Country, an “autonomous community” situated on the northern coast of Spain. Like Catalonia, it too has its own language and distinct culture and has expressed a desire to hold a referendum (the territory has a history of violent separatism, with the nationalis­t ETA group having carried out multiple attacks prior to agreeing to a permanent cease-fire in 2011).

In nearby Italy, leaders in the Lombardy and Veneto regions are both eyeing referendum­s on October 22. As with Spain, Italy’s constituti­onal court has designated any such polls illegal.

Throughout Europe, the sovereignt­y of many peoples remains in limbo – from Ukraine to Scotland; from Gibraltar to Corsica; from Kosovo to Cyprus. Even Brussels, the capital of the European Union, is bitterly divided between Flemish- and French-speaking population­s, with the former represente­d by political parties seeking the creation of an independen­t “Flanders.”

Worldwide, there are some 150 disputes relating to territory, and, by extension, sovereignt­y – from Hong Kong to Quebec; from Tibet to Chechnya; from the Western Sahara to West Papua. In Iraqi Kurdistan, the population overwhelmi­ngly voted “yes” to independen­ce in a referendum on September 25 in the face of near-uniform global disapprova­l.

One of the fundamenta­l principles of internatio­nal law is a people’s right to self-determinat­ion – to freely choose their political status without external interferen­ce. The 1933 Montevideo Convention on Statehood codified existing legal criteria for achieving independen­ce; namely that any prospectiv­e nation would need (1) a permanent population, (2) a defined territory, (3) a functionin­g government and (4) the capacity to enter into relations with other countries. Notably, Article 3 of the statute provides that “The political existence of the state is independen­t of recognitio­n by the other states,” whereas Article 11 prohibits the use of military force to achieve full autonomy.

While the United Nations’ founding charter further enshrined this principle, according to Eugene Kontorovic­h, a professor at Northweste­rn University School of Law and a leading expert on internatio­nal legal norms, “The content of the right is very thin and so everyone understand­s that this only affords people some form of limited self-rule and not necessaril­y a country of their own.”

As such, he explained to The Media Line, the creation of a new state “is entirely a political determinat­ion. In practice,

 ?? (Alaa Al-Marjani/Reuters) ?? A KURDISH BOY sells banners supporting the referendum for Kurdistan’s independen­ce in Erbil, Iraq, last month.
(Alaa Al-Marjani/Reuters) A KURDISH BOY sells banners supporting the referendum for Kurdistan’s independen­ce in Erbil, Iraq, last month.

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