P F Tinmore, et al,
Your first mistake is that you are relying on what
you --- "have ever seen." What you "have ever seen" is a mighty short history considering that the
Declaration on the Rights of Indigenous Peoples (RoIP) did not come about until 2007; less than a decade ago. While the right of self-determination is a concept somewhat older, by half a Century, to that of the RoIP, it was not universal
(limited internal to UN members and undefined). That is, it was not considered for inclusion in the
Resolution adopted by the General Assembly 217 A (III) - Universal Declaration of Human Rights. REMEMBERING: Considering the diversity of indigenous peoples, an official definition of “indigenous” has not been adopted by any UN-system body.
Your second mistake is that the "right of self-determination" is not delimited and applies to all people ---- including the Israelis. While there was a concern expressed, in the 21st Century
(more than half a Century later), pertaining to the suffering of indigenous peoples and the historic injustices associated with them, as a result of their colonization and dispossession of their lands, territories and resources, it is a historic concern and not a retroactive concept that can be applied to decisions made in the 20th Century. Nothing in the RoIP changes the effect of decisions made prior to the adoption of the RoIP.
Your third mistake is, that you erroneously injected the idea that the Jewish Citizens of the Territory to which the Mandate applied, were "foreigners." They were citizens of the territory to the same degree as any Arab Palestinian. It must be remembered that in 1922, the definition of foreigner did was made by the process of elimination,
For the purpose of this part of the
(Palestine) Order (in Council) the expression "foreigner" means any person who
is a national or subject of a European or American State or of Japan, but shall not include:
(i) Native inhabitants of a territory protected by or administered under a mandate granted to a European State.
(ii) Ottoman subjects.
(iii) Persons who have lost Ottoman nationality and have not acquired any other nationality.
However, by 1925, The Palestinian Citizenship Order in Council which was made in August, 1925, provides for the acquisition of Palestinian citizenship by persons habitually resident in the country who were Ottoman subjects, and persons who were foreign subjects and take up permanent residence. Thus anyone granted citizenship to the under the Order was no longer considered a "foreigner."
Article 5 of the Order facilitates the acquisition of citizenship by Jews who opted therefor under Article 2 of the Palestine Legislative Council Election Order in Council, 1922. The qualifications for naturalization are simple: two years' residence in Palestine out of the three years preceding application, good character, and the declared intention to settle in Palestine; knowledge of Hebrew is accepted under the literacy qualification. In special cases the High Commissioner is empowered to grant naturalization even if the period of residence has not been within the three years preceding application. Special naturalization offices have already been opened in Jerusalem, Haifa and Tiberias; and an officer is visiting the Jewish agricultural settlements in the north to receive applications on the spot.
Billo_Really, P F Tinmore, et al,
I would be very pleased if you could point to an authority that can define "self-determination" such that it can answer the questions:
- Who has the right to self-determination?
- What does self-determination impart on the people?
I have used the
ICJ CR 2009/32 on the Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo, as a guide of sorts in the post-colonization context. I do not believe that the "right of self-determination" is such a "straightforward principle" as you claim. It must be remembered that in terms of
external self-determination the outcome is independence or secession for the given people that exercise that right.
With the rise of the concept of self-determination, the Arab Palestinians (and indeed much of the international community) are confused. The international community has failed to define exactly who is entitled to claim of self-determination — Like you say, it is not just the "say so or some back door approach" a group, a people, or a nation— confers upon itself or the territory in question.
Indeed, you do seem to be confused. I think it is perfectly clear. Why do you have a problem with such a straightforward principle?
That's by design.
Or maybe he's being paid to think that way?
(COMMENT)
• If you say all people(s), you are then implying that the Jewish People that immigrated to and became citizens of Palestine; under the Mandate criteria?
• If you are implying that the Jewish People did not have the right to self-determination, then where are the limitations defined?
"In the 2010
Kosovo decision, the
International Court of Justice decided that "general international law contains no applicable prohibition of declarations of independence." (
Wikipedia)(
ICJ ADVISORY OPINION OF 22 JULY 2010) And so the question becomes:
• Is it unlawful for the Arab Palestinian factions to challenge the Jewish State of Israel territorial integrity?
• Was it illegal for the Jewish National Council to Declare Independence for the State of Israel in 1948 under the right of self-determination and pursuant to the Steps Preparatory to Independence; as outlined in the General Assembly Resolution?
The Court recalls that the principle of territorial integrity is an important part of the international legal order and is enshrined in the Charter of the United Nations, in particular in Article 2, paragraph 4, (as well as General Assembly resolution 2625 (XXV), entitled “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States) which provides that: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”
• Under what context does the Arab Palestinian claim a superior right to self-determination?
Most Respectfully,
R
In every incident that I have ever seen the right to self determination applies to the people, the natives, the indigenous, or inhabitants of a specified territory. The right to self determination consistently applies to the people of the place.
At no time have I seen the right to self determination applied to foreigners.
(COMMENT)
If you examine the
Resolution adopted by the General Assembly - 61/295 - United Nations Declaration on the Rights of Indigenous Peoples (RoIP), a 21st Century doctrine (2007), you will note a couple of concepts in play. But in the case of the Israeli-Palestinian Conflict, the RoIP comes 9 decades later, and cannot be applied to the intent expressed in the Balfour Declaration
(1917 intent for a Jewish "National Home" in what was known as Palestine) or the decisions made by the Allied Powers at San Remo
(1920 delineating the responsible to put into effect the declaration the intent of the Balfour Declaration), to establish in Palestine a National Home for the Jewish people.
Indigenous peoples are equal to all other peoples,
••• Whether the Arab Palestinian make the distinction of being different from the Jewish Immigrants (the right of all peoples to be different, to consider themselves different in the RoIP), their rights are not changed by this distinction --- either increased or diminished.
All doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences
are racist, scientifically false,
legally invalid, morally condemnable and socially unjust.
••• You cannot advocate the position that the citizens (who happen to consider themselves Arab Palestinian) hold a superior position just because their heredity is longer in the territory. All rights are equally applied because all citizen share equally in the exercise of their right.
And, very importantly, the retroactive application of the RoIP and other resolution adopted after the fact, impairs vested rights acquired under under the law existing at that time, and creates new obligations. A retroactive UN Decree attaches a new and different legal effect to past decisions, actions, transactions or considerations the were assumed at that time; representing a change in the commitment prior to the enactment.
The inverse is also true. In the case of the Israel-Palestinian Conflict, the Palestinians cannot - on a again / off again - adjust their recognition of the
1947 Resolution A/RES/181 (II) relative to the Partition Plan. And the UN Body-system cannot establish a criteria known as the "Steps Preparatory to Independence" and acknowledge and accept recognition of a State --- then say: The establishment of the state is invalid, after the fact. Nor, can the UN General Assembly or the International Court of Justice say on the one hand, that the Armistice Line is a
de facto border
(when it was never a border or intended to be a final border); and on the other hand say it is a border and give the Arab Palestinians some special recognition of governance and sovereignty. Nor can the UN recognize the flip-flop between one faction of Arab Palestinian that recognize the State of Israel, and then later --- not recognize the same state.
Finally, the continued reference to the Israeli People as "foreigners" and "colonialist" and attempting to apply the criteria a
dopted by General Assembly Resolution 1514 (XV) of 14 December 1960, more that a decade later, is false logic. The establishment of the Jewish State of Israel was not undertaken by a foreign power or distant parent state (ie - a colonial power). In 1948, the creation of conditions of stability and well-being Israel and the Jewish People; peaceful and friendly relations based on respect for the principles of equal rights and self-determination of all peoples. The subsequence invasion by multiple forces of the Arab League, was not an example of allowing the Jewish People the right to self-determination without external interference; pursuant to the UN Steps Preparatory to Independence.
Very Respectfully,
R