Separatist Movements: A Global Reference

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Edited by: Brian Beary

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    About the Author

    BRIAN BEARY is a freelance journalist based in Washington, D.C., who specializes in international political relations. Since 2007 Beary has been a frequent contributor to CQ Press, authoring issues for CQ Press's Global Researcher on the New Europe, Turkey, Separatism, Religious Fundamentalism, and The Arctic.

    Originally from Dublin, Ireland, Beary lived in Brussels from 1999 to 2006, where he worked as a reporter for the European Union affairs daily newspaper Europolitics. As an EU reporter, his main policy beats were justice and home affairs and internal trade. A fluent French speaker, he has been featured as a guest EU analyst on PBS NewsHour, the Arabic television channel Al Jazeera, and the francophone Belgian public radio channel RTBF. In 2006 he moved to Washington, D.C., to become the first U.S. correspondent for Europolitics. He is also a Washington correspondent for the European Parliament's Parliament Magazine and is a regular contributor to The Globalist, a Washington-based magazine on global politics, economics, and society.

    Preface

    Separatist Movements: A Global Reference provides readers with a solid grasp of the major separatist movements ongoing around the world. The book uses a template model in which the reader is presented with concise, fact-laden summaries of movements, with a focus on concrete manifestations of separatism rather than theories related to it. I include only current, active movements, which proved helpful in formulating a definition of separatism, as the notion of what constitutes a country today differs from what it was in 1800 or 1900.

    The book features fifty-nine movements, making it a truly global reference and the first such work to feature so many movements in such detail. All of the well-known movements—roughly twenty-five—are covered, such as those of the Kurds, Tamils, and Tibetans. More off-the-radar movements, such as those of the Oromo in Ethiopia, Maori in New Zealand, and Saami in northern Scandinavia, are also covered. The various models of autonomy that different movements seek are described and form useful points of comparison. As the book goes to press, it appears as though the South Sudanese are set to secede, following an internationally approved referendum on independence. They are still included, however, because a split would not take effect until July 2011.

    The movements are arranged by region, with twelve from Africa, eleven from the Americas, eleven from Australasia and East Asia, eight from South and West Asia, nine from East Europe, and eight from West Europe. The Table of Contents also lists movements alphabetically and by country to help readers find the movement most relevant to their field of study. Each region is accompanied by a map indicating where relevant groups live. I have also included individual maps for the Kurds and North Caucasians, given how fragmented those movements are, split among various political borders.

    Each of the fifty-nine movement essays begins with a description of the people and a summary of their core aspirations—political, cultural, and economic. This is followed by a section charting the movement's history, stretching back decades and, in some cases, centuries. Then the movement's leadership—political parties, individuals, and militant groups—is outlined. There follows a current status section in which recent political developments are mentioned, with 2008 generally used as a chronological dividing line demarcating the current from the historical. A further reading section at the end of each essay lists the source material I used when researching the movement and provides additional sources for the reader.

    Interspersed throughout the book are twenty-four succinct biographies of separatist leaders. In selecting profile subjects, I underscored the sharp contrasts that exist among different separatist leaders’ ideologies. Thus, a hard-core militant secessionist such as Iratxe Sorzabal, leader of the Basque group ETA, is featured alongside the Dalai Lama, political and spiritual leader of the Tibetans, who opposes violence and is not secessionist. I have also included an appendix with excerpts from key international legal texts pertaining to the right of self-determination.

    The Introduction provides an analysis of all the movements covered and includes a table summarizing their core elements. Often several movements from the same region show similar features. For example, the struggle by indigenous, or “First Nation,” peoples to gain control over how their natural resources are exploited is prominent in the Americas and Australasia. Religion is a hot-button issue across Asia, with several movements exhibiting a strong Islamist element. In Africa, many of the movements are traceable to the political borders drawn up by colonial powers without due consideration for the tribal or ethnic makeup of inhabitants. In Europe, protecting and promoting native languages is a recurring theme.

    About this book

    To make each essay as self-contained as possible, I reduce to a minimum comparisons among movements within individual essays. I cross-reference other movements only where I feel there is a clear link of which the reader should be aware. For the table within the Introduction, I strove to create fields that are as fact-based as possible.

    The use of terminology is a sensitive issue when writing about separatism. Indeed, the term separatist is pejorative, tending to be used more by opponents of separatists rather than by separatists themselves. Throughout the book, a reference to a “country” generally implies that the political entity in question is a member of the United Nations, which is perhaps the best indicator of statehood that exists today. Thus, none of the movements covered are UN member states. Many of the populations/groups, including the Scots and Welsh in the United Kingdom, Catalans of Spain, and Quebecois of Canada, describe themselves as distinct nations. Such a designation is often a source of friction between the populations/groups and their government.

    In selecting source material for the book, I sought as broad a mix as possible. I read hundreds of academic and journalistic articles and studied dozens of reports from government agencies such as the U.S. State Department and from non-governmental organizations such as the International Crisis Group and Human Rights Watch. I attended academic conferences and seminars. With each essay, I tried to conduct at least one personal interview. The fact that I am based in Washington, D.C., the world capital of political activism, helped enormously. Thus, I was able to set up face-to-face interviews with, for example, a Baluch pro-independence activist, a Syrian Kurdish journalist, and an Iranian Azerbaijani minority rights campaigner. Where face-to-face interviews were not possible, I did telephone interviews and email exchanges with activists, politicians, academics, and journalists from Chile to New Zealand, from Japan to Greenland.

    For facts and figures, I relied mostly on global databases. CQ Press's annual Political Handbook of the World was a good source for the leadership section of each essay. The CIA's World Factbook was a solid reference for up-to-date figures on population and religious and ethnic makeup. For the history of peoples covered, a database from Minority Rights Group International, which is a London-based non-governmental organization, proved invaluable.

    Acknowledgments

    For their general advice and support, I would like to thank my editors, Linda Dziobek, Sarah Fell, and January Layman-Wood. I also thank my CQ Press colleague and friend Darrell Dela Rosa. Andrew Swan at the Unrepresented Nations and Peoples Organization deserves special thanks for sharing with me his wealth of knowledge on the peoples covered and for helping to connect me with many activists and experts. And I thank CQ Press interns Andrea Bradley, Daniel Katz, and Katrina Overland for their help with researching and writing the biographies.

    In terms of help on individual essays, I wish to acknowledge Patricio Abinales, Mindanao expert and professor at the Center for Southeast Asian Studies at Kyoto University; Mattias Ahren, Norway-based president of the Saami Council; François Alfonsi, Corsican autonomy advocate and member of the European Parliament; Arturo Arias, Guatemalan novelist and critic; Kristin Bakke, lecturer in politics and international relations at University College London; Louise Beaudoin, member of the Quebec parliament for the Parti Quebecois; Pastor Norman Bent, indigenous and ethnic groups advocate from the Moravian Church of Nicaragua; Jacqueline Balfour, Belgium-based South African translator; Iain Campbell Smith, former Australian diplomat and peace monitor; Gunther Dauwen, Flemish independence activist for the European Free Alliance group; Lynette Clark, Alaskan Independence Party Chair; Andres Doernberg, Chilean retired development economist; Jill Evans, member of the European Parliament for the Welsh independence party Plaid Cymru; Martin Evans, international development studies lecturer at University of Chester; Farzin Farzad, Iranian ethnic minority rights activist; Ergun Fikri, U.S.-based Turkish Cypriot; Eduardo Gamarra, professor and director of the Latin American and Caribbean Center at Florida International University; Dr. Fai Ghulam Nabi, executive director of the Kashmiri American Council; Anne Hagood, U.S.-based media analyst of French Basque ancestry; Susan Hammond from The Forum on Cambodia, Laos and Vietnam, a non-governmental organization; Selig Harrison, author and journalist specializing in South Asian politics; Vicki Hykes-Steere, Inupiaq sovereignty activist; Sirwan Kajjo, Syrian Kurdish political activist and journalist; Seth Kaplan, author and expert on different countries’ models of government; Buket Kop at the Turkish Republic of Northern Cyprus's Washington office; T. Kumar at Amnesty International; Menna Machreth, chair of Welsh Language Society; Joseph Mariampillai, Tamil relief agency worker; Gene Martin, peace worker at the United States Institute of Peace; Ardeth Maung Thawnghmung, associate professor at the University of Massachusetts; Russell Means, Lakota Indian independence activist; Cesar Millahueique, Mapuche cultural rights activist and artist; Ahmar Mustikhan, Baluch pro-independence activist, writer, and poet; Margaret Mutu, professor and head of the Maori Studies Department at University of Auckland; Ibrahim Nasar, Pashtun journalist for Voice of America; Daniel Ntoni-Nzinga, Baptist minister and peace activist in Angola; Martin Ottenheimer, professor of anthropology at Kansas State University and expert on the Comoros Islands; Marie Pace, Nigeria expert at the United States Institute of Peace; Anthony Regan, expert on the Bougainville conflict; Amy Reger, researcher at the Uyghur American Association; Luis Rivera-Pagan, Ecumenics Professor Emeritus at Princeton Theological Seminary; Aaron Running Hawk from the Black Hills Sioux Treaty Council; Tim Rowse, professor at the Center for Citizenship and Public Policy at University of Western Sydney; Erika Schlager at the U.S. Congress's Helsinki Commission in Washington, D.C.; David Short, Anglophone Canadian and attorney at FedEx; Dr. Pritam Singh, senior lecturer at Oxford Brookes University Business School; Isabelle Smets, Francophone Belgian journalist for Europolitics; Dennis Smith from the Central American Evangelical Center for Pastoral Studies in Guatemala; Philip Smith, Hmong advocate at the Center for Public Policy Analysis in Washington, D.C.; Tibor Szendrei, Hungarian journalist for Europolitics in Brussels; Bo Tedards, director at the Taiwan Foundation for Democracy; Rosa Thorsen, press officer for the Premier of Greenland; Tink Tinker, professor of American Indian cultures and religious traditions at Iliff Theological Seminary in Denver; Mililani Trask, Hawaiian sovereignty activist; Bhuchung K. Tsering, director of the International Campaign for Tibet in Washington, D.C.; Christophe Wilcke, Yemen expert at Human Rights Watch; Bill Wilson, member of the Scottish Parliament for the pro-independence Scottish National Party; Stefan Wolff, self-determination expert and professor of International Security at University of Birmingham; and William Zartman, professor of International Organizations and Conflict Resolution at Johns Hopkins University's School of Advanced International Studies.

    Brian Beary

    January 2011

  • Appendix

    Self-determinationin International Legal Instruments

    SEPARATIST MOVEMENTS often cite international legal instruments, including several that have been adopted by UN member states, in support of their case. The following are examples of such instruments. While they enshrine the right of peoples to self-determination, they do not enshrine the right of peoples to secede, nor do they define who the “peoples” are that enjoy this right. Consequently, there is often sharp disagreement between separatist movements and their governments over how to apply the principle of self-determination.

    Excerpts

    Charter of the United Nations, signed by founding UN members on June 26, 1945, in San Francisco, Article 73

    Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

    to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

    to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement….

    Source: http://www.pfcmc.com/en/documents/charter/index.shtml

    International Covenant on Civil and Political Rights, adopted by UN General Assembly on December 16, 1966, Article 1 (1)

    All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

    Source: http://www2.ohchr.org/english/law/ccpr.htm

    Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, adopted by UN General Assembly on October 24, 1970

    … By virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social, and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter….

    Source: http://www.un.org/documents/ga/res/25/ares25.htm

    Final Act, adopted by Conference on Security and Cooperation in Europe on August 1, 1975, in Helsinki, Principle VIII

    The participating States will respect the equal rights of peoples and their right to self-determination, acting at all times in conformity with the purposes and principles of the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of States.

    By virtue of the principle of equal rights and self-determination of peoples, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development.

    The participating States reaffirm the universal significance of respect for and effective exercise of equal rights and self-determination of peoples for the development of friendly relations among themselves as among all States; they also recall the importance of the elimination of any form of violation of this principle.

    Source: http://www.hri.org/docs/Helsinki75.html

    Universal Declaration of the Rights of Peoples, adopted by a group of non-governmental participants including jurists, academics, trade unions, political parties, and liberation movements on July 4, 1976, in Algiers, Article 5

    Every people has an imprescriptible and unalienable right to self-determination. It shall determine its political status freely and without any foreign interference.

    Source: http://www.algerie-tpp.org/tpp/en/declaration_algiers.htm

    African Charter on Human and Peoples’ Rights, adopted by the Organization of African Unity on June 27, 1981, Article 20 (1)

    • All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
    • Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
    • All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
    Full text

    United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly on September 13, 2007

    Source: http://www.un.org/esa/socdev/unpfii/en/drip.html

    The General Assembly,

    Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

    Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

    Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

    Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

    Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

    Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

    Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,

    Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,

    Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,

    Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

    Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

    Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

    Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,

    Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

    Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,

    Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action,(3) affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

    Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,

    Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,

    Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

    Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

    Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

    Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,

    Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,

    Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:

    Article 1

    Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights (4) and international human rights law.

    Article 2

    Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

    Article 3

    Indigenous 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.

    Article 4

    Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

    Article 5

    Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

    Article 6

    Every indigenous individual has the right to a nationality.

    Article 7
    • Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
    • Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
    Article 8
    • Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
    • States shall provide effective mechanisms for prevention of, and redress for:
    Article 9

    Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

    Article 10

    Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

    Article 11
    • Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
    • States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
    Article 12
    • Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
    • States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
    Article 13
    • Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
    • States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.
    Article 14
    • Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
    • Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
    • States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
    Article 15
    • Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
    • States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.
    Article 16
    • Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
    • States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.
    Article 17
    • Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.
    • States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.
    • Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.
    Article 18

    Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

    Article 19

    States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

    Article 20
    • Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
    • Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
    Article 21
    • Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
    • States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
    Article 22
    • Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
    • States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.
    Article 23

    Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

    Article 24
    • Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
    • Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.
    Article 25

    Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

    Article 26
    • Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
    • Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
    • States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
    Article 27

    States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

    Article 28
    • Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
    • Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
    Article 29
    • Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
    • States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
    • States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
    Article 30
    • Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
    • States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
    Article 31
    • Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
    • In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
    Article 32
    • Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
    • States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
    • States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
    Article 33
    • Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
    • Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.
    Article 34

    Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

    Article 35

    Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

    Article 36
    • Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
    • States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.
    Article 37
    • Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
    • Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.
    Article 38

    States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

    Article 39

    Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

    Article 40

    Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

    Article 41

    The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

    Article 42

    The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

    Article 43

    The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

    Article 44

    All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

    Article 45

    Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

    Article 46
    • Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
    • In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
    • The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

    (2) See resolution 2200 A (XXI), annex.

    (3) A/CONF.157/24 (Part I), chap. III.

    (4)Resolution 217 A (III).

    Appendix

    Bibliography

    Academic articles

    Baker, Bruce. “Separating the sheep from the goats among Africa's separatist movements.” Terrorism and political violence 13, no. 1 (Spring 2001): 66–86.

    Bhatia, Michael V. “Fighting words: naming terrorists, bandits, rebels and other violent actors.” Third World Quarterly 26, no. 1 (March 2005): 5–22.

    Gurr, Ted, and Monty G. Marshall. “Peace and Conflict 2005: A Global Survey of Armed Conflicts, Self-Determination Movements, and Democracy.” Center for International Development and Conflict Management, University of Maryland, May 2005. http://www.systemicpeace.org/PC2005.pdf.

    Hamilton-Hart, Natasha. “War and other insecurities in East Asia: What the security studies field does and does not tell us,” The Pacific Review 22, no. 1 (March 2009): 49–71.

    Renan, Ernest. “What Is a Nation?” Lecture presented at the University of Paris–Sorbonne, March 11, 1882. http://www.cooper.edu/humanities/core/hss3/e_renan.html.

    Books

    Anderson, Benedict. Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso, 1983.

    Benedikter, Thomas. The World's Working Regional Autonomies: An Introduction and Comparative Analysis. New Delhi: Anthem Press, 2007.

    Cheetham, Tom, and Christopher Hewitt. The Encyclopedia of Modern Separatist Movements. Santa Barbara, Calif.: ABC-Clio Inc, 2000.

    Gurr, Ted. People Versus States: Minorities at Risk in the New Century. Washington, D.C.: United States Institute of Peace, 2000.

    Hale, Henry. The Foundations of Ethnic Politics. New York: Cambridge University Press, 2008.

    Macedo, Stephen, and Allen Buchanan, eds. Secession and Self-Determination: Nomos XLV. New York: New York University Press, 2003.

    O'Leary, Brendan, Ian S. Lustick, and Thomas M. Callaghy. Right-sizing the State: The Politics of Moving Borders. New York: Oxford University Press, 2001.

    Spencer, Metta. Separatism: Democracy and Disintegration. Lanham, Md.: Rowman & Littlefield, 1998.

    Databases

    Center for International Development and Conflict Management, Minorities At Risk Project, University of Maryland, http://www.cidcm.umd.edu/mar/data.asp.

    CQ Press, Political Handbook of the World Online Edition,http://www.cqpress.com.

    Minority Rights Group International, World Directory of Minorities and Indigenous Peoples, http://www.minorityrights.org/directory.

    U.S. State Department, Country Reports on Terrorism, http://www.state.gov/s/ct/rls/crt/index.htm.

    U.S. State Department, Human Rights Reports, http://www.state.gov/g/drl/rls/hrrpt/index.htm.

    Journalistic articles

    “Gorbachev's bolshie republics (the possible dissolution of the Soviet Union),” The Economist, January 13, 1990.

    “In quite a state: Defining what makes a country,” The Economist, April 10, 2010, http://www.economist.com/node/15868439.

    “Self-Determination a Double-Edged Sword,” China Post, July 30, 2009, http://www.chinapost.com.tw/editorial/taiwan-issues/2009/07/30/218338/Self-determination:-A.htm.

    Reports

    Carley, Patricia. “Self-Determination: Sovereignty, Territorial Integrity, and the Right to Secession.” United States Institute of Peace, Peaceworks 7 (March 1996). http://www.usip.org/files/resources/pwks7.pdf.

    Hannum, Hurst. “The Specter of Secession: Responding to Ethnic Self Determination Claims.” Council on Foreign Relations, Foreign Affairs 77 (March/April 1998). http://www.foreignaffairs.com/articles/53801/hurst-hannum/the-specter-of-secession-responding-to-claims-for-ethnic-self-de.

    Tuminez, Astrid S. “Ancestral Domain in Comparative Perspective.” United States Institute of Peace, Special Report 151, September 2005. http://www.usip.org/files/resources/sr151.pdf.

    UNESCO. “The Implementation of The Right to Self-Determination as a Contribution to Conflict Prevention,” Barcelona (conference), November 21–27, 1998. http://www.unpo.org/downloads/THE%20IMPLEMENTATION%20OF%20THE%20RIGHT%20TO%20SELF.pdf.

    Unrepresented Nations and Peoples Organization. “Self-Determination in Relation to Individual Human Rights.” The Hague (conference), January 22–23, 1993. http://www.unpo.org/downloads/Self-determination%20conference%201993.pdf.

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