Catalonia and its Right to Self-Determination: International Law Perspective

Self-determination by peoples has been a matter of concern in the recent past. Historically, there have been several cases of parts of countries seeking to be granted self-determination with some recently like Kosovo and South Sudan successfully getting external self-determination from Sudan and Serbia respectively CITATION Ste18 \l 1033 (Sterio). Under ideal situations, a region can smoothly secede provided the host state gives the consent to do so. However, it is important to note that if a region initiates the process of self-determination does not mean that the automatic result is secession. As per the recent cases of Catalans and Kurds who have held referendums on independence but have been blocked by their host states. Therefore the question is, what is the principle of self-determination according to International law? It is therefore important to note that United Nations Charter has provided instances under which international laws can grant peoples the right to self-determination. It is important to note that international human rights laws protect and advocates for the equality and dignity of all people including the minority and majority. More importantly, the principle of self-determination is stipulated in Article 1 of the United Nations Charter.

According to international Laws, right to self-determination is interpreted as the just of people to decide on their fate giving them the right to determine their political condition, as well as make decisions on what forms of social, economic and cultural developments they wish to exist in CITATION XiZ17 \l 1033 (Zheng). However, International Law on self-determination is crystal clear on the instances under which "peoples" can be granted the right to independence. These factors include location where the law states that for people to be granted right to self-determination, they must be confined within an established territory. Secondly, such group must have the will to exist such that both the leaders advocating self-determination and the people must be aware of the identity of A people as far as political status is concerned. Additionally, a group may be allowed to be independent if they have been denied the right to self-determination in their host state such that they are not allowed to participate in elections, being sidelined by the government and being denied the right to participate in public development projects. Finally, if there is brutal oppression of the groups confined within the territory by the state.

Scholars have argued that international law is developed in such a manner that it embraces the aspect of self-determination in two equally significant forms thus giving considerations on several circumstances to determine whether the group deserves a right to internal or external-determination CITATION Are13 \l 1033 (Arengel). They clarify that unless people fall under the class of oppressed or colonized, such a group does not qualify to be granted the right to external self-determination. Such people can enjoy their right to self-determination via other the mother countrys law provisions among them autonomy and right to associate freely. However, if a group falls into the category of oppressed or colonized, they are entitled to the right to external self-determination which can be exercised through declaring themselves independent from the host country. Based on the above provisions of the international law, it can, therefore, be argued that every group has the right to self-determination, however, the right to external self-determination that can call for secession action is only bestowed to people who are in extreme circumstances of colonization or severe prosecution CITATION Ste18 \l 1033 (Sterio), a law that is also recognized by the International Court of Justice (ICJ). Therefore, in cases where people are seeking secession yet they are neither oppressed nor colonized by the host state, the international law assumes a neutral state and leaves the secessionist dispute to the realm of internal laws of the country as well as to political bargains between the host state and the group seeking to secede. This is evidenced in the case of Quebec or Scotland.

Therefore narrowing down to the case of Catalonia, we can confidently say that they have the right to self-determination based on international law. However, how they exercise this right is the main question. It should be noted that Catalonians are not currently being colonized by Spain and hence according to international law, Catalonia has no right to external self-determination. The fact that Catalonia has faced no oppression from their host state and in fact, it has had internal self-determination granted since hitherto makes it very hard to craft the secession argument for Catalonia based on the provisions of international al law CITATION Ste18 \l 1033 (Sterio). In the study of Quebec and its push for secession from Canada, you note that the court of Canada gave a ruling that unless a group falls under colonization by the mother state, it is illegal to give the right to an external self-determination to such a group based on international laws. It, therefore, directed that in such situations, the secession debate should be left for determination by the domestic laws of the existing state. Also, Catalonia has self-government which is founded in the Spanish constitution of 1978 that recognizes the autonomy of Catalonia among other regions. Catalonia is governed and well represented in the Spain constitution considering that among the experts who wrote the Spain constitution, two of them were Catalonians CITATION Are13 \l 1033 (Arengel). Catalonia has their regional government with both executive and legislative powers bestowed on their Generalitat de Catalunya who have an impact regarding developing Catalan civil law, culture, and tourism. This implies that the Catalonia people are recognized as an autonomous region by the central government of Spain CITATION XiZ17 \l 1033 (Zheng). Although the majority of Catalans may not be contented with the autonomy they are given by Spain constitution, it is evident that they have impacted much on both constitutional and democratic steps made in Spain so far. It is evidence that the government of Spain has continued to respect the autonomy of the Catalans in a manner that has seen them not being colonized or oppressed by the Spanish government.

In conclusion, international law regarding self-determination is very clear. Only regions that are under total oppression or state of colonialism from the mother country can be granted right to external self-determination that can be exercised through secession. Therefore Catalans lack the international legal basis to seek external self-determination that can be enjoyed through that region seceding from their mother state. Devoid of the international law right to external self-determination, the Catalans can only pursue the other avenues as by the internal laws of Spain. However, this avenue seems not to bear any fruits following the denial by the Constitutional Court of Spain on seeking self-independence even after the October 1st referendum that resulted to over 90% of Catalans voting in favor of self-independence. We, therefore, hope the matter will be solved through negotiations between the government of Spain and the secessionist entity, Catalans.

Works Cited

BIBLIOGRAPHY Arengel. International law perspectives. 12 October 2013. <http://arengel.edublogs.org/2013/10/12/catalonia-and-the-right-of-self-determination/>.

Sterio, Milena. "Self-Determination and Secession Under International Law: The Cases of Kurdistan and Catalonia." American society of international law (2018): 1-6. 01 february 2018. <Self-Determination and Secession Under International Law: The Cases of Kurdistan and Catalonia>.

Zheng, Xi. "Can Catalonia Achieve Independence Through a Unilateral Declaration of Independence Under International Law?" Columbia Journal of transnational Law (2017): 1-4.