Self-determination: Falkland/Malvinas Islands and the San Andrés, Providencia, and Santa Catalina (Raizal People)
The concepts of self-determination in the cases of the Falkland Islands/Malvinas and the Archipelago of San Andrés, Providencia, and Santa Catalina, particularly concerning the Raizal people, are complex and intertwined with historical, legal, and political dimensions.
Falkland Islands/Malvinas
Historical Context and Current Situation
Sovereignty Dispute: The Falkland Islands, known in Argentina as Islas Malvinas, have been a point of contention between Argentina and the United Kingdom since the 19th century. The UK has administered the islands since 1833, with Argentina claiming them based on historical Spanish possession before Argentine independence.
Self-Determination
Referendum: In 2013, a referendum was held on the Falkland Islands where 99.8% of voters chose to remain an overseas territory of the UK, emphasizing their right to self-determination. However, Argentina argues that the principle of self-determination does not apply because the inhabitants are not considered a “people” (see previous blog post for this) with a distinct identity separate from the UK, and their presence is a result of British colonial policy.
International Perspective
- United Nations: The UN has repeatedly called for negotiations between Argentina and the UK to resolve the sovereignty dispute, acknowledging the interests of the islanders but focusing on decolonization rather than affirming self-determination in this context. The UN Special Committee on Decolonization has annual resolutions on the matter, emphasizing a negotiated solution.
- Legal Arguments: Some international law scholars argue that the right to self-determination should not supersede Argentina’s claim based on territorial integrity and historical continuity from Spain. Others support the UK’s stance, highlighting the democratic process and the will of the inhabitants.
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San Andrés, Providencia, and Santa Catalina (Raizal People)
Historical Context and Current Situation
Ethnic and Cultural Identity: The Raizal people are an Afro-Caribbean ethnic group with a strong cultural identity, primarily speaking Creole and practicing Protestantism. They assert rights to self-determination, cultural preservation, and land autonomy within Colombia.
Sovereignty and Autonomy
- Legal and Political Movements: There have been movements for self-determination by the Raizal, including declarations of independence and demands for greater autonomy, particularly after natural disasters like hurricanes that have exacerbated their socio-economic and cultural challenges. They argue for recognition under international law, especially the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169.
- International Court of Justice (ICJ): The ICJ has ruled on related issues, affirming Colombian sovereignty over the islands themselves but leaving maritime boundary disputes unresolved, which affects Raizal fishing rights and environmental concerns.
- Cultural and Environmental Issues: The Raizal community faces challenges from mass migration policies by the Colombian government, which they claim aim to dilute their ethnic majority, alongside environmental degradation from tourism and foreign interests. There’s a push for the recognition of their rights to manage their land and resources independently.
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Both cases, the Falkland/Malvinas Islands and the San Andrés, Providencia, and Santa Catalina (Raizal People), show how self-determination can clash with national sovereignty claims, with the Falklands/Malvinas Islands focusing on a political and legal dispute between nations, and San Andrés involving ethnic identity, cultural preservation, and environmental stewardship within a sovereign state.
The international community’s approach varies, often calling for negotiation and respect for human rights and cultural identities while navigating the complexities of international law and politics.
NOTE:
This blog series introduces, explains and assesses issues pertaining territorial disputes in the Americas including law, politics, culture, history and religion. There will be new posts every Monday, Wednesday and Friday.
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