On Sunday, October 1, there will be a referendum of self-determination in Catalonia. Madrid is accusing Barcelona of violating the law, but let us remind all of the Jacobins and Francoits here and elsewhere that this referendum is LEGAL!
The peoples right to self-determination
A nationalist believes that his people have rights, even if the law does not recognize them. Just as there are rights for animals that the law does not yet recognize – or only very partially – or as there were human rights (or women or children) before the laws evolved. Nations without a State have inalienable and imprescriptible rights – even without recognition by law – and among them the right of peoples to self-determination.
But in reality, this right is not to be created, it already exists! The preamble to the United Nations Charter states: “We the peoples of the United Nations … resolved to reaffirm our faith in the fundamental rights of mankind, in the dignity and worth of the person human rights, equal rights of men and women, and nations, large and small. ”
In this founding text of international relations, not once does one speak of a State, but only nations (small or large). And not once is there any talk of limiting this right to colonized peoples in Africa or Asia, which was the original idea in 1945. In other words, this right of nations without a state is universal and binding on all ( the states).
Moreover, Article 1.2 of the Charter, which defines goals and principles, states that “the development of friendly relations between nations based on respect for the principle of equal rights and rights of peoples to dispose of themselves, and to take any other measure spesific to the consolidation of peace in the world. ” The right of peoples to self-determination is therefore a fundamental goal and principle of the United Nations!
This right already exist, no one can doubt it! And the International Court of Justice (ICJ), the judicial arm of the UN, has even clearly decided in this direction.
On 17 February 2008, Kosovo unilaterally declared its independence and many States questioned whether this unilateral declaration, in parallel with the principle of self-determination, was not a violation of the principle of territorial integrity.
On July 22, 2010, the CJI gave a clear expression on the opposition between these two principles. The Court has relied on UN Resolution 2625 which defines “the principle that States shall refrain, in their international relations, from resorting to the threat or use of force … against the territorial integrity or political independence of any State “. Thus, the Court held that “the scope of the principle of territorial integrity is limited to the sphere of inter-State relations”.
In other words, when a nation without a State use its right to self-determination, the application of the latter principle is superior to the principle of territorial integrity. And this is how the CJI concluded that Kosovo had not violated international law! Therefore, by applying this jurisprudence of the CJI, what happens in Catalonia is legal in the eyes of international law!
Better still, the Catalan government decided to hold a referendum following the advice of the Venice Commission in order to ensure the highest level of democracy in this process when it could have been satisfied with an unilateral declaration, because the Catalan government has an absolute majority in Parliament.
Democrats against Jacobins!
The demonstration have been made, henceforth, it is no longer a simple struggle for the self-determination of the Catalan people, but a struggle for the restoration of democracy!
Indeed, no one can oppose this referendum unless it breaks the democratic framework and violates international law. Madrid must therefore respect the right it imposes on it! Finally, every democrat and humanist should respect the result, whatever it may be.
For my part, I will be, without any unequivocally, on the side of those who want to support the right of peoples and make Catalonia a free Republic.
Visca Catalunya Lliure!
Roccu Garoby / Vice-President of the European Youth Free Alliance
European free alliance