Controversy About Self-Determination

By Laksiri Fernando -August 3, 2012

Dr Laksiri Fernando

There is much confusion about the concept of ‘self-determination’ or the ‘right to self-determination’ as it became almost a dirty word particularly among the Sinhala majority during the LTTE’s separatist war. It was synonymous with separatism. There is equal apprehension about the usage of the term even after the war, for the same reasons or for reasons surrounding its narrow usage. This is partly understandable because there is no universally agreed definition or interpretation of the concept, except what is stated in various international laws. The concept has always been dynamic and evolving. While the liberal and the Marxist views differed greatly on the subject, the significance also changed depending on the particular historical context i.e. the pre-war, inter-war or under globalization.

International Law

There are several reasons, however, why this concept cannot easily be discarded. As the Charter of the United Nations clearly declared in its Article 1 (2), one of the main purposes of the organization is “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.” Based on the experience of Germany – the German nation and Jewish people – by nation it meant the member nations of the UN and by people, the various communities within those nations. If we translate this concept into Sri Lanka, it means the ‘Sri Lanka nation’ respecting the ‘equal rights and self-determination of the Sinhalese, the Tamils and the Muslim peoples.’

This is only one instance where it is centrally highlighted in the UN Charter. Even if one argues that the above principle applies only to ‘nations’ (= peoples) as collectives and that only means the member nations of the United Nations, this argument is not valid in respect of the two identical articles (Article 1 of both) that appear in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Sri Lanka is an unequivocal party to both of the covenants.

The central principle of this common article is: “All people have the rights of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” There is no dispute that some of the terms used here (i.e. ‘freely-determine’ or ‘political-status’) are subject to interpretation and admittedly the drafters perhaps were not in a position to anticipate all the implications of what they spelled out.

However, there is good reason to believe that as these principles are meant to apply within countries, or more precisely within member nations of the UN, these principles could be achieved only through the arrangements of devolution, autonomy or federalism, apart from ‘freedom to determine their political status’ if they so wish. This is what is called the ‘internal self-determination.’ Otherwise, there is no particular reason why these are enshrined in human rights covenants. The article further says that “The State parties to the present Covenant…shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.”

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