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Reasons & Conditions for Secessionist Minority

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Reasons & Conditions for Secessionist Minority CAROLINE CHEVILLOTTE The Quest for International Recognition: Reasons & Conditions for Secessionist Minority Claims MASTER’S THESIS to be awarded the degree of Master of Arts in Global Studies at the University of Graz, Austria Supervised by: Univ.-Prof. Dr. Joseph MARKO Institute of Public Law & Political Science Graz, 9 October 2018 i Declaration of Authorship Unless otherwise indicated in the text or references, or acknowledged above, this thesis is entirely the product of my own scholarly work. Any inaccuracies of fact or faults in reasoning are my own and accordingly I take full responsi- bility. This thesis has not been submitted either in whole or part, for a degree at this or any other university or institution. This is to certify that the printed version is equivalent to the submitted electronic one. iii Contents 1 Introduction1 1.1 Introduction..............................1 1.2 Research Questions..........................2 2 The Current World Order5 2.1 Differentiation of terms........................6 2.1.1 What is a state?........................9 2.1.2 What is a nation?....................... 10 Nation by Henry Wheaton (1864).............. 10 Ernest Renan’s Nation as a Spiritual Principle (1882).. 11 Anderson’s Imagined Communities (1982)........ 13 Kai Nielsen’s Civic Nationalism (1999).......... 14 Nation & Ethnicity by Lagerspetz (2004)......... 14 2.1.3 What is a minority?...................... 16 2.2 International Law and its Subjects................. 19 2.2.1 Legal Personality in International Law........... 19 2.2.2 Minority Rights........................ 21 2.3 Ethnic Conflicts & Separatist Movements............. 24 2.3.1 Ethnic Conflicts........................ 24 2.3.2 Separatist Movements Around the World......... 28 2.3.3 Case Selection......................... 30 2.4 Catalonia & Scotland in the Current World Order........ 32 3 Self-Determination 39 3.1 Definition of Self-Determination.................. 40 3.1.1 Two Models of Self-Determination: Classical vs. Seces- sionist............................. 41 3.2 Causes for Self-Determination.................... 42 3.3 Interpretation of the Principle of Self-Determination throughout History................................. 47 3.3.1 The Three Eras of Self-Determination........... 47 3.4 Secession as a last resort?....................... 49 iv 3.5 Alternatives to Secession....................... 56 4 Scotland’s & Catalonia’s Independence Claim 61 4.1 Qualitative Interviews........................ 61 4.1.1 Interview Booklet....................... 62 4.2 Summaries of interviews....................... 64 4.2.1 Ana María T.L......................... 64 4.2.2 Arnau C.V............................ 67 4.2.3 Angela M.L........................... 72 4.2.4 Henry B............................. 75 4.2.5 Evelyn J.M........................... 82 4.2.6 Gary P.............................. 86 4.3 Comparison of Catalonia’s & Scotland’s Claim to Independence 91 4.3.1 Catalonia’s & Scotland’s culture and identity....... 91 4.3.2 Catalonia’s & Scotland’s historical background...... 93 4.3.3 Minority Rights in Catalonia & Scotland......... 96 4.3.4 The Political Compass.................... 97 4.3.5 Reasons & Consequences for Independence....... 97 4.3.6 A Good Life.......................... 101 5 Conclusion 103 A Interview Transcripts Catalonia 107 A.1 Ana María T.L.............................. 107 A.2 Arnau C.V................................ 113 A.3 Angela M.L............................... 122 B Interview Transcripts Scotland 131 B.1 Henry B................................. 131 B.2 Gary P.................................. 146 B.3 Evelyn J. M............................... 164 Bibliography 171 v List of Abbreviations EU European Union ETA Euskadi Ta Askatasuna : Basque separatist organization GATT General Agreement on Tariffs and Trade GB Great Britain : England, Scotland and Wales GDP Gross Domestic Product ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICJ International Court of Justice IMF International Monetary Fund IO International Organization LGBT lesbian, gay, bisexual, and transgender MP Member of Parliament NATO North Atlantic Treaty Organization NGO Non-Governmental Organization PP Partido Popular : People’s Party of Spain PSOE Partido Socialista Obrero Español : Spanish Socialist Workers’ Party SNP Scottish National Party UK United Kingdom of Great Britain and Northern Ireland UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organization UNPO Unrepresented Nations & Peoples Organization USA United States of America WHO World Health Organization WTO World Trade Organization cf. confer/conferatur : compare ed. edition e.g. exempli gratia : for example etc. et cetera : and the rest, and so on p. page vii To my family, friends and professors who accompanied me through these years of school and university, who offered me their time, patience, knowledge and experience and gave me the curiosity to learn and the strength to persist. 1 Chapter 1 Introduction 1.1 Introduction I have always had a special passion for maps. Huge pieces of land, mountains and rivers interrupted by random lines. These lines have been drawn through- out history by people, their wars and conquests, their will to protect their land or to expand their territory. Beyond the maps and their blurred boundaries lie the story of the people, a dilemma between protecting the past and con- structing the future. In the legend of most maps, you will only find 193 states, those who are part of the "United Nations" and have the right to call them- selves "states". What about the rest? What stories do people across the dotted lines of our world map have to tell? I started to wonder. What are obviously geopolitical conflicts affect millions of people around the world. Why do they not have the right to be a state? Who dictates the rules? Who can change the situation? Most importantly, what is it that people want that they do not have the feeling they can get in their current situation? I started to focus my attention on entities that are not part of the United Na- tions, want to separate from their current state and establish a new one. From a high number of separatist groups around the world, I chose to concentrate on the most advanced cases. After due research and consideration, I chose to compare the cases of Catalonia and Scotland, two European entities that had been independent in the past and have shown much dissatisfaction with their current autonomy. My research is based on primary and secondary literature, international law texts, textbooks, newspaper articles, statistics and databases, which provide for the theoretical point of view. In order to better understand 2 Chapter 1. Introduction the issue from a practical point of view as well, I conducted 6 qualitative, semi- structured interviews with three people from each entity. My goal through this thesis is to understand and try to propose an explana- tion on why people whose fundamental human rights are respected and who have a certain quality of life in a Western Democracy still strive for more self- determination than the autonomy that they have already been granted and what they hope to achieve through a new independent state. In order to do so, my leading questions are: 1.2 Research Questions 1. How did the current discrepancies regarding the legitimacy of states come to place ? 2. What are the options available to people who strive for self-determination beyond autonomy? 3. Why do certain ethnic groups want independence and what do they want to achieve through it? 1. How did the current discrepancies regarding the legitimacy of states come to place ? This chapter depicts how it came about that our world currently revolves around so called nation-states, and therefore work on the definition of dif- ferent terms (2.1): "state" (2.1.1), "nation" (2.1.2), and the peoples who do not have their own nation-state: "ethnic groups" and "minorities" (2.1.3). Because one way to regulate inter-ethnic relationships is through the use of interna- tional law (2.2), the basic principles of international law and who it applies to will be presented (2.2.1), as well as special conditions offered to people who do not possess their own nation-state (2.2.2). After having approached one par- ticular aspect of inter-ethnic relationships in the form of ethnic conflict (2.3.1), separatist movements around the world (2.3.2) who are not satisfied with their current situation will be introduced, concentrating on Catalonia and Scotland and explaining the selection process of these two entities (2.3.3). Subsequently, 1.2. Research Questions 3 I will apply these theoretical components to the cases of Catalonia and Scot- land (2.4). 2. What are the options available to peoples who strive for self-determina- tion? In this Chapter, I will discuss the concept of self-determination through its definition (3.1), the aspects that cause people to claim it (3.2), and how it has been interpreted throughout history (3.3). I will look at different authors and whether they consider that secession can be a last resort and in which condi- tions (3.4), and present different alternatives to secession (3.5). 3. Why do certain ethnic groups want independence and what do they want to achieve through it? After having described the current world order and the self-determination dis- course, I will proceed with the interview analysis. I will present a summary of each interview (4.2), and later compile the most relevant information gathered according to topics (4.3) in order to determine similarities and differences and be able to draw conclusions regarding the reasons and conditions behind the minorities secessionist claims. * You can find the full transcription of the interviews in Appendices A and B. The electronic version of this work contains clickable links, which appear in a red colour. The bibliography, as well as the list of tables and figures, can be found at the very end of the document. 5 Chapter 2 The Current World Order Our international system is based on the existence and legitimacy of “nation- states”, a concept which legal basis originated from the Treaty of Westphalia in 1648.
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