DOCSLIB.ORG

Written Evidence Submitted by the East Turkistan Government in Exile and East Turkistan National Awakening Movement (XIN0081)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Written Evidence Submitted by the East Turkistan Government in Exile and East Turkistan National Awakening Movement (XIN0081) Written evidence submitted by the East Turkistan Government in Exile and East Turkistan National Awakening Movement (XIN0081) Who we are and our aims 1. We are the legal team acting on behalf of the East Turkistan Government in Exile (ETGE) and the East Turkistan National Awakening Movement (ETNAM). Our clients represent millions of Uyghur and other Turkic victims of the international crimes committed by Chinese state officials in East Turkistan and abroad. East Turkistan is the territory referred to as Xinjiang that is widely considered to be a colony or occupied territory. 2. Within this submission, we refer to ‘East Turkistan’ instead of ‘Xinjiang’. Using this terminology helps counter the oppression of Uyghurs and other Turkic peoples, who refer to their homeland as East Turkistan. ‘Xinjiang’ is a Chinese term meaning ‘the New Territory’. The FCDO and the UK Government are encouraged to consider using the same terminology. 3. The ETGE is the official body, registered in Washington DC, which represents East Turkistan and its people worldwide. The ETNAM is a non-profit political rights organisation whose goal is to end China’s oppressive activity within East Turkistan. 4. On 6 July 2020 the legal team acting on behalf of the ETGE and ETNAM submitted a Complaint to the Chief Prosecutor of the International Criminal Court (ICC) urging her to open an investigation for the crimes that come within the ICC’s jurisdiction. The Complaint provides detailed and extensive evidence that high ranking officials of the Chinese government are committing genocide and other crimes against humanity. 5. Both our aim as the lawyers and our clients’ aim in bringing the Complaint is to give a voice to the millions of victims of Chinese state oppression. We wish to bring them justice in a way which has a significant deterrent effect on China. Our Complaint seeks to establish that the gravest crimes have been committed on a mass scale and should be investigated and prosecuted by the ICC. 1 6. The evidence which we have submitted and will continue to submit includes first- hand witness evidence, expert evidence and publicly available documentation. Central to this is the indisputable evidence that China has constructed, and continues to construct, detention camps in which millions of people have been incarcerated. In this sense, we act not only on behalf of our direct clients, but as the representatives of the victims. 7. In short, we plan to bring justice to those who are suffering on a daily basis at the hands of the Chinese government. The purpose of this Submission 8. The Committee has asked (in different terms) what mechanisms can be used effectively for atrocity prevention, and how to influence China towards better human rights practices. This submission aims at informing the Committee about the content and importance of the Complaint filed with the ICC Prosecutor. Furthermore, it lays out how the UK could support this Complaint so that those responsible for human rights abuses against the Uyghurs be held accountable. Our clients, the ETGE and ETNAM, have contributed substantially to our submission with regard to what the UK can do to support Uyghurs and other Turkic nationals and influence China to stop its oppressive acts. The Complaint at the ICC 9. The Complaint provides evidence of the detention of millions of people in internment camps, the forced mass sterilisation of Uyghur women, and numerous repressive measures against Uyghur culture and religion. We have gathered, and will continue to gather, numerous first-hand testimonies of the torture, disappearances and other inhumane acts conducted inside the camps and elsewhere. 10. Although China is not a signatory to the ICC, the Court has jurisdiction over these crimes because many of them either started or finished in ICC Member States, namely Tajikistan and Cambodia. Thousands of victims have been forced to flee China on account of the deprivation of fundamental rights and threat of incarceration. Thousands more have been forced back into China from abroad either to place them 2 into camps or otherwise to exert its power over them, resulting in the above crimes being committed against them. 11. Jurisdiction in the present matter rests on the clear precedent set by the ICC in the Bangladesh/Myanmar (Rohingya) case. In that case, the crimes against the Rohingyas were said to start in Myanmar and continued into Bangladesh, an ICC Member State. The Court made clear that it has jurisdiction over crimes within its purview when at least one element of the crime or part of it is committed on the territory of a State Party to the Statute. In the present case, the evidence strongly suggests that the crimes both start and end in ICC Member States. This clearly gives the ICC jurisdiction. 12. The ICC holds a unique place as the only international body which has the power to adjudicate on matters of individual criminal responsibility for genocide and crimes against humanity. Should there be sufficient evidence to charge Chinese officials with these crimes, then every effort would be made, including arrest warrants, to ensure that the perpetrators are brought to justice. If this were to occur in the present case, it should have a significant deterrent effect against China committing further human rights abuses in the region, as its officials subject to the arrest warrants would be liable to arrest in any ICC Member State that they visit. 13. The Complaint is currently at the first stage in the process at the ICC, with the Chief Prosecutor Fatou Bensouda. It is up to her to make a decision as to whether she wishes to commence an investigation into the alleged crimes. Widespread national and international support for the Complaint has a vital impact as to whether such an investigation happens. It is therefore key to whether the victims’ voices will be heard at the ICC. 14. Accordingly, the Complaint represents a momentous opportunity to hold those responsible for the detention camps accountable. If it succeeds (and arrest warrants are ordered), it is certain to have a significant impact on those responsible for the detention camps. This is why the UK Government and other UK institutions are encouraged to support the Complaint. 3 The support the Complaint has had so far and what more can be done to support both an ICC investigation and Uyghurs/other Turkic peoples in general The support the Complaint has had at this early stage 15. Several newspapers have covered the submission of the Complaint and its ramifications. 16. Over 60 parliamentarians from 16 countries, members of the Inter-Parliamentary Alliance on China (IPAC), signed a letter dated 30 October 2020 urging Prosecutor Fatou Bensouda to open an investigation. We are in discussion with parliamentarians worldwide as to further potential letters of support, with the purpose of building international momentum behind the prospect of an independent international investigation by the ICC. Why is it so important for the UK to support the opening of an ICC investigation? 17. China has ratified the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. However, it has made a reservation to Article IX of the Convention, which gives the International Court of Justice jurisdiction over disputes relating to the interpretation, application or fulfilment of the Convention. As a result, there is, today, no judicial avenue to engage the responsibility of China as a State for the violation of its obligations under the Genocide Convention. 18. In this context, it is all the more important to ensure that the individuals responsible for the atrocities committed against the Uyghurs be tried and that their crimes do not remain unpunished. The very purpose of the International Criminal Court is to put an end to impunity for the worst crimes. In light of the nature and the scale of the crimes committed by Chinese officials, an ICC investigation is undoubtedly warranted. What can be done to support the ICC investigation? 19. Here is a list of concrete measures which the UK and its institutions can take to help build momentum behind an ICC investigation and in general to influence China to stop its oppressive acts: a. The Foreign Affairs Select Committee could make both written and oral statements in support of the opening of an ICC investigation and of the 4 principle that those who are responsible for the detention camps should be held accountable under international law; b. The Government could, likewise, make a public statement in support of an ICC investigation. Such a statement would show that the Government is resolute in supporting justice for those who are persecuted by China. This would not be inappropriate or somehow illegitimately seeking to influence the Prosecutor. Rather, this would represent the United Kingdom, as a State Party committed to the implementation of the Rome Statute and the fight against impunity for the most atrocious crimes, doing its part to ensure that those officials responsible for the detention camps face the consequences of their criminal acts; and c. The Government should encourage other States to support an ICC investigation. 20. There is no trade-off between supporting an ICC investigation and simultaneously taking other actions at the international level. The UK can leverage its power through international institutions, while supporting this case. In addition, what can be done to influence China towards better human rights practice? 21. We would urge the UK Government to undertake the following actions in order to pressure China to stop its persecution of the Uyghur and other Turkic peoples: a. The Government should formally recognise China’s atrocities as genocide as defined under the UN Genocide Convention. At the international level, the UK could highlight the breaches of several other treaties to apply international pressure on China: such treaties include the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child; b.
Load more

Recommended publications
  • Written Evidence Submitted by East Turkistan Government in Exile (XIN0078)
    Written evidence submitted by East Turkistan Government in Exile (XIN0078) The East Turkistan Problem and How the UK Should Address it East Turkistan Government in Exile The East Turkistan Government in Exile (ETGE) is the democratically elected official body representing East Turkistan and its people. On September 14, 2004, the government in exile was established in Washington, DC by a coalition of Uyghur and other East Turkistani organizations. The East Turkistan Government in Exile is a democratic body with a representative Parliament. The primary leaders — President, Vice President, Prime Minister, Speaker (Chair) of Parliament, and Deputy Speaker (Chair) of Parliament — are democratically elected by the Parliament members from all over the East Turkistani diaspora in the General Assembly which takes place every four years. The East Turkistan Government in Exile is submitting this evidence and recommendation to the UK Parliament and the UK Government as it is the leading body representing the interests of not only Uyghurs but all peoples of East Turkistan including Kazakhs, Kyrgyz, Uzbeks, and Tatars. More importantly, the ETGE has submitted the first ever legal complaint to the International Criminal Court against China and its officials for genocide and other crimes against humanity. We would like the UK Government to assist our community using all available means to seek justice and end to decades of prolonged colonization, genocide, and occupation in East Turkistan. Brief History of East Turkistan and the Uyghurs With a history of over 6000 years, according to Uyghur historians like Turghun Almas, the Uyghurs are the natives of East Turkistan. Throughout the millennia, the Uyghurs and other Turkic peoples have established and maintained numerous independent kingdoms, states, and even empires.
    [Show full text]
  • Constructing the Secular: the Changing Relationship Between Religion and Politics in the Tibetan Exile Community
    HIMALAYA, the Journal of the Association for Nepal and Himalayan Studies Volume 36 Number 1 Article 12 May 2016 Constructing the Secular: The Changing Relationship Between Religion and Politics in the Tibetan Exile Community Emmi Okada University of Tokyo, [email protected] Follow this and additional works at: https://digitalcommons.macalester.edu/himalaya Recommended Citation Okada, Emmi. 2016. Constructing the Secular: The Changing Relationship Between Religion and Politics in the Tibetan Exile Community. HIMALAYA 36(1). Available at: https://digitalcommons.macalester.edu/himalaya/vol36/iss1/12 This work is licensed under a Creative Commons Attribution 4.0 License. This Research Article is brought to you for free and open access by the DigitalCommons@Macalester College at DigitalCommons@Macalester College. It has been accepted for inclusion in HIMALAYA, the Journal of the Association for Nepal and Himalayan Studies by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. Constructing the Secular: The Changing Relationship Between Religion and Politics in the Tibetan Exile Community Acknowledgements The author would like to thank the innumerable Tibetans in Dharamsala, India, without whose assistance the present research could not have been completed. She also wishes to acknowledge Professor David Gellner who supervised her MPhil thesis which formed the basis of this article, and the Tibetan Studies staff at the Oriental Institute at the University of Oxford,
    [Show full text]
  • Corruption in Autocracies∗
    Corruption in Autocracies∗ James R. Hollyery Yale University Leonard Wantchekon Princeton University September 2011 Abstract Corruption is typically depicted as a result of one of two factors: a lack of polit- ical accountability or insufficient state capacity. Nonetheless, substantial variation in corruption levels exists even within the set of politically unaccountable high-capacity regimes. In this paper, we examine a third determinant of corruption – the ideological appeal of the government – and demonstrate that this variable can explain variation in the types and levels of corruption experienced in politically unaccountable regimes. Using a model of both moral hazard and adverse selection, we predict that (1) regimes that inspire the intense ideological loyalty of the populace are likely to enjoy low lev- els of petty corruption and that (2) autocratic regimes that enjoy such intense support from only a narrow segment of the populace will erect credible anti-corruption insti- tutions. Political corruption, by contrast, need not covary with levels of ideological support. We illustrate the mechanisms of our model through a series of case studies that demonstrate the importance of ideology in driving levels of corruption – with a particular focus on low levels of corruption in ‘developmentalist’ regimes. Finally, we discuss the relevance of our findings to other – democratic – political settings. ∗We would like to thank José Antonio Cheibub, Sunkyoung Park, Peter Rosendorff, Kongjoo Shin, Alberto Simpser and participants in the 2011 APSA Panel on Audits and Government Accountability in the Devel- oping World and participants in the 2011 EPSA Conference Panel on the Political Economy of Authoritarian Regimes for comments and suggestions.
    [Show full text]
  • Human Rights and Tibet: Leading a Government-In- Exile
    Human Rights and Tibet: Leading a Government-in- Exile CAMILO SANCHEZ: Good morning. Thank you all for being here. And welcome to a new year of human rights programming at UVA. And now, I know what you're thinking. February is almost over. Spring break is around the corner. And there is this guy still throwing out Happy New Year's wishes. Fair point, but you might not know that this weekend, this very weekend, the Tibetan community is celebrating Losar, a festival that marks the first day of the lunisolar Tibetan calendar. So in spirit of embracing multiculturalism, the UVA human rights program is kicking off its year ignoring the Gregorian calendar and partially the academic calendar. So Dr. Sangay, I apologize for the last minute request, but you will have to tell us more about the Losar celebrations. Our human rights program at the University of Virginia School of Law is proud of its mission to intentionally bridge the worlds of research, policy, and human rights practice, while maintaining a focus on rigorous and scholarly inquiry. At the top of our interests is to increase our knowledge on how scholars, activists, governments, movements, and other actors understand, conceptualize, advocate for, critique, or even reject or ignore human rights. We want to expose our community to the tensions, contradictions, contingencies, roads not taken, and dilemmas that lie at the heart of the human rights enterprise. That's why we seek to bring to campus people that from different perspectives and backgrounds reflect not only on philosophical questions, such as what are human rights? What should they be? But also on other questions shaped by human rights practice, such as what do human rights do? Why do people use human rights? Why do communities use them instead of using other political or moral frameworks? And what are the effects, implications, and drawbacks of relying on human rights in political struggles? And we couldn't think of a better person to speak to these questions than our distinguished keynote speaker, Dr.
    [Show full text]
  • GREAT BRITAIN, the SOVIET UNION and the POLISH GOVERNMENT in EXILE (1939-1945) Studies in Contemporary History
    GREAT BRITAIN, THE SOVIET UNION AND THE POLISH GOVERNMENT IN EXILE (1939-1945) Studies in Contemporary History Volume 3 I. Rupieper, Hermann J. The Cuno Government and Reparations, 1922-1923: Politics and Economics. 1979, viii + 289. ISBN 90-247-2114-8. 2. Hirshfield, Claire. The Diplomacy of Partition: Britain, France and the Creation of Nigeria 1890-1898. 1979, viii + 234. ISBN 90-247-209<)-0. 3. Kacewicz, George V. Great Britain, the Soviet Vnion and the Polish Government in Exile 193~1945. 1979, xv + 252. ISBN 90-247-2096--6. G REA T BRITAIN, THE SOVIET UNION AND THE POLISH GOVERNMENT IN EXILE (1939-1945) by GEORGE V. KACEWICZ . ~ '. •. ~ . I979 MARTINUS NIJHOFF PUBLISHERS THE HAGUE/ BOSTON/LONDON The distribution of this book is handled by the following team of publisbers: for Ihe United Stoles "lid Canada Kluwer Boston, Inc. 160 Old Derby Street Hingbam, MA 0204) USA far 0/1 alher co ulllrit~ Kluwer Academic Publishers Group Di stribution Center P.O. Box)2l 3300 AH Dordrocht The Netherlands Libr ~ r y of Congress C~ l a l og in g in Publication D ata Kacewicz. George V Great Britain. the Soviet Union. and Ihe Polish Government in Exile (t939-1945) Bibliography: p. Includes index. I, World War, 1939-1945 - Go\'ernments in exile. 2. World War, 1939-1945 - Poland. 3. Poland -History - Occupation, 1939-1945. 4. Great Britain - Foreign re lations -Russia. 5. Russia _ Foreign relations - Great Britain. 6. World War. 1939-1945 - Diplomatic Hi story. I. Title. D81 0.G6K3l 1979 940.53'438 78- 31832 ISBN-13: 978-94-009-9274-0 c-ISBN-13 : 978-94-009-9272-6 001 : 10.1007/978-94-009-9272-6 Copyright 1979 by Mor linus Nijhoff Publishers br, The Hogue.
    [Show full text]
  • Governments-In-Exile in World Politics
    Journal of Political Science Volume 18 Number 1 Article 8 November 1990 Introduction: Governments-In-Exile In World Politics Yossi Shain Follow this and additional works at: https://digitalcommons.coastal.edu/jops Part of the Political Science Commons Recommended Citation Shain, Yossi (1990) "Introduction: Governments-In-Exile In World Politics," Journal of Political Science: Vol. 18 : No. 1 , Article 8. Available at: https://digitalcommons.coastal.edu/jops/vol18/iss1/8 This Article is brought to you for free and open access by the Politics at CCU Digital Commons. It has been accepted for inclusion in Journal of Political Science by an authorized editor of CCU Digital Commons. For more information, please contact [email protected]. GOVERNMENTS-IN-EXIl.E IN WORLD POLITICS Yossi Shain Editor Scholars of international politics have recently focused their attention on the activities of governments-in-exile due to the central role they play in long-standing conflicts in the Middle East. Afghanistan. Southwestern Africa and Cambodia . This special issue of the Journal of Political Science is a preliminary attempt to address historical. political. and theoretical aspects of the techniques and effects of governments-in-exile in contempo­ rary world politics. The case studies and the theoretical essay examine issues such as the limits of sovereignty; the elusive nature of representation in the absence of effective control over a home territory; the role of host states; international legitima­ tion and recognition; governments-in-exile as political tools in the hands of their foreign patrons; and finally, the actual and symbolic importance of governments-in-exile in the preservation of diasporic nations and cultures.
    [Show full text]
  • Polish Government-In-Exile
    Polish government-in-exile Polish government-in-exile Lesson plan (Polish) Lesson plan (English) Polish government-in-exile Signing the Sikorski–Mayski Agreement. Władysław Sikorski on the le, Ivan Mayski on the right. Winston Churchill in the middle. Source: 1941, Wikimedia Commons, licencja: CC 0. Link to the lesson You will learn to indicate why the Polish government was interned in Romania; to describe how the Polish government ended up in France and England; to list the key decisions and events related to the Polish authorities in exile; to characterize the significance of the Sikorski–Mayski agreement; to explain why the Polish government‐in‐exile lost the support of the Allied powers after the war. Nagranie dostępne na portalu epodreczniki.pl Nagranie abstraktu On the night of 17 September 1939, the government and the commander‐in‐chief left Poland and headed for Romania. They wanted to reach France. However, as a result of pressure from various groups and authorities, the Third Reich in particular, they were interned in Romania. President Ignacy Mościcki exercised his right and appointed a successor, Władysław Raczkiewicz. The new government, with Władysław Sikorski as the prime minister, based in Paris and then Angers, set as its primary goal to side with France and England in actively opposing Germany. They started forming Polish armed units, which were supposed to join the Allied forces and restore full sovereignty of Poland within its pre‐war borders. After France had been defeated, the mission continued in Great Britain. The situation changed in the summer of 1941, when the Third Reich attacked the Soviet Union.
    [Show full text]
  • Syria: Federalism As the Way Forward?
    Syria: federalism as the way forward? 05/2016 www.csm.org.pl After Syria’s government agreed to a ceasefire deal on the 22nd of February 2016 which seems to hold until now, questions are raised on how the country should proceed if it wants to become a unified country once again. The Alexander Grims discussion is now more important than ever as for the first Alexander Grims, born in the time since the Syrian insurgency plummeted into civil war Netherlands in 1991, is currently in 2012, there is a chance of forming a lasting peace, finishing his double-degree master in European Governance although the fundament for this peace is still fragile. at Utrecht University and the University of Konstanz. He has a A strengthened inclusive Syrian state not only provides Bachelor in Sociology. Currently military steadfastness against the Islamic State but can works as a research intern at the CIR. Alexander Grims has a special additionally improve the political structure and tackle the interest in the Middle East region, EU integration and state-level social and economic deficiencies in the region. A unified participation in EU affairs. inclusive Syrian state is therefore one of the necessary conditions for a solution to a multitude of problems, including the current refugee crisis that the European countries now face. SYRIA: FEDERALISM AS THE WAY FORWARD? | Alexander Grims 2 The escalation of the children’s arrests on the 18th of March, Syrian insurgency laying security forces started acting more violently and at some point opened fire, killing four the basis for civil war protesters, which led to other cities joining The escalation of the Syrian insurgency led in the revolt.
    [Show full text]
  • The Fall of the Second Polish Republic
    Georgia Southern University Digital Commons@Georgia Southern Electronic Theses and Dissertations Graduate Studies, Jack N. Averitt College of Summer 2013 Drugi Potop: The Fall of the Second Polish Republic Wesley Kent Follow this and additional works at: https://digitalcommons.georgiasouthern.edu/etd Part of the Diplomatic History Commons, European History Commons, Military History Commons, and the Political History Commons Recommended Citation Kent, Wesley, "Drugi Potop: The Fall of the Second Polish Republic" (2013). Electronic Theses and Dissertations. 851. https://digitalcommons.georgiasouthern.edu/etd/851 This thesis (open access) is brought to you for free and open access by the Graduate Studies, Jack N. Averitt College of at Digital Commons@Georgia Southern. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons@Georgia Southern. For more information, please contact [email protected]. 1 DRUGI POTOP: THE FALL OF THE SECOND POLISH REPUBLIC by Wesley Kent (Under the Direction of John W. Steinberg) ABSTRACT This thesis seeks to examine the factors that resulted in the fall of the Second Polish Republic and track its downward trajectory. Examining the Second Republic, from its creation in 1918 to its loss of recognition in 1945, reveals that its demise began long before German tanks violated Poland’s frontiers on 1 September, 1939. Commencing with the competing ideas of what a Polish state would be and continuing through the political and foreign policy developments of the inter-war years, a pattern begins to emerge - that of the Poles’ search for their place in modern Europe. The lead up to the Second World War and the invasion of Poland by the German-Soviet Alliance demonstrates the failure of the Poles to achieve that place.
    [Show full text]
  • Tibet, China and the United States: Reflections on the Tibetan Question
    Tibet, China and the United States: Reflections on the Tibet Question. Melvyn C. Goldstein stamped these with entry visas valid for three months. These visas, however, expired The Atlantic Council Of The United States' Occasional Paper while the Tibetans were in the U.S., and when the Tibetans went for what they thought were routine new visas, their request was denied. The Chinese Government (of Chiang Tibet, China and the United States: Reflections on the Tibet Question. Kaishek) in the meantime had asked the British Government how it could accept Tibetan passports when according to its official position it did not accept that Tibet was by Melvyn C. Goldstein independent. The British Foreign office then reversed itself and assured the Chinese that a mistake had been made, promising that in the future they would issue no more visas on John Reynolds Harkness Professor Chair, Department of Anthropology Tibetan passports. The Tibetans were, therefore, advised to accept entry visas on a Director, Center for Research on Tibet separate piece of paper called an "Affidavit of Identity." Surprised and indignant, the Case Western Reserve University delegation refused, saying they would rather not visit Britain than accept this. The British Foreign Office then devised an ingenious solution which truly typifies the double Copyright _ 1995 Melvyn C. Goldstein. All Rights reserved. standards rampant at this time. They carefully crossed out the words "three months" on the expired visa stamp and neatly wrote in pen above it, "nine months." This allowed them to keep their promise to the Chinese government not to issue the Tibetans new visas on their passports since this was still the original visa.
    [Show full text]
  • Introduction: 1960 – a Year of Destiny
    The South African liberation movements in exile, c. 1945-1970. Arianna Lissoni This thesis is submitted in part fulfilment of the requirements for the degree of Ph.D at the School of Oriental and African Studies, University of London, January 2008. ABSTRACT This thesis focuses on the reorganisation in exile of the African National Congress (ANC) and Pan-Africanist Congress (PAC) of South Africa during the 1960s. The 1960s are generally regarded as a period of quiescence in the historiography of the South African liberation struggle. This study partially challenges such a view. It argues that although the 1960s witnessed the progressive silencing of all forms of opposition by the apartheid government in South Africa, this was also a difficult time of experimentation and change, during which the exiled liberation movements had to adjust to the dramatically altered conditions of struggle emerging in the post-Sharpeville context. The thesis traces the roots and early history of the international networks of solidarity between South Africa and Britain from the time of the 1945 Pan African Congress to the founding of the British Anti-Apartheid Movement in 1960. It proceeds to examine the first attempts by the South African liberation movements to set up an external presence through the South African United Front, the causes of its demise and its legacy in terms of future unity. The establishment of the external mission of the ANC, its activities, and its relationship with host African countries vis-à-vis that of the PAC are analysed in detail. The research then focuses on problems of representation emerging from the gradual take-over of the ANC external mission as the sole representative of the whole of the Congress Alliance as a result of the Rivonia raid and trial.
    [Show full text]
  • The Case of Western Sahara
    Recognition as an Affirmative Step in the Decolonization Process: The Case of Western Sahara Robert T. Vance, Jr.t Sooner or later, but sooner rather than later, our continent will be purged of all forms of colonialism, for the fire of intense nationalism is blazing all over Africa and burning to ashes the last remnants of colonialism. Kwame Nkrumah, I Speak of Freedom Introduction The right of colonial peoples to self-determination is a widely ac- cepted norm of customary international law.' This rig ht has been rec- ognized and affirmed by the United Nations and other international bodies, including the International Court of Justice, as the principal right at stake in decolonization.2 In the case of Western Sahara, a for- mer colonial possession of Spain, self-determination has been thwarted since 1975 by Moroccan military occupation.3 As of February 28, 1976, t J.D. candidate, Yale Law School 1. Self-determination has been defined as "the right of a nation to constitute an in- dependent state and determine its own government for itself," A. COBBAN, NATIONAL SELF- DETERMINATION 45-46 (1945), or, "the need to pay regard to the freely expressed will of peoples," Advisory Opinion on Western Sahara, [1975] I.C.J. 12, 33. 2. Advisory Opinion on Western Sahara, [1975] I.C.J. 12,32. The principle of self-deter- mination as a right of all peoples, and its application for the purpose of decolonization, was first enunciated by'the General Assembly in the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples, G.A.
    [Show full text]