Principio de autodeterminación de los pueblos

Self determination and the criteria of statehood

It is the criterion of goverment of the legal right to self- determination. The traditional exposition of the criterion concentrated upon the stability and effectiveness needed for this factor to be satisfied, while the representative and democratic nature of the government has also been put forward as a requerirement. The evolution of selfdetermination has affected the standard necessary as far as the actual exercise of authority is concerned, so that it appears a lower level of effectiveness, at least in decolonisation situations, has been accepted. This can be illustrated by reference to couple of cases.
The former belgian congo became independent on 30 june 1960 in the midst of widespread tribal fighting wich had spread to thecapital.
Within a few weeks the force publique had munitied, belgian tropos had intervened and the province of Katanga announced its secession. Notwithstanding the virtual breakdown og government, the congo was recognised by a large number of states after Independence and was admitted to the relevant general assembly resolution in september 1960, two different factions of the congo governmentsought to be accepted by the UN as the legitimate representatives of the state. In the event , the delegation authorised by the head of state was accepted and that of the prime minister rejected. A rather different episode ocurred with regard to the portuguese colony of guinea- Bissau. In 1972, a UN special misión was dispatched to the liberated áreas of the territory and concluded that the colonialpower had lost effective administrative control of large áreas of the territory.
Foreing observers appeared to accept the claim of the PAIGC, the local liberation movement , to control betwen two- thirds and three- quarters of the área, the inhabitants of these áreas, reported the misión, suported the PAIGC which was exercising effective de facto administrative control. On 24 september 1973, thePAIGC proclaimed the republic of guinea- Bissau an Independence states. The issue of the ilegal occupation by portuguese military forces of certain sections of the republic of guinea- bissau came before the general assembly and a number of states affirmed the validity of the Independence of the new state in international law. Westren states denied that the criteria of statehood had beenfulfilled.
However, ninety-three states voted in favor of assembly resolution 3061 which mentioned the recent accession to Independence of the people of guinea- Bissau. Many states argued in favor of this approach on the basis that large proportion of the territory was being effectively controlled by the PAIGC, though it controlled neither a majority of the population nor the major towns.
In adittion tomodifiying the traditional principle with regard to the effectiveness of government in certain circumstances, the principle of self- determination may also be relevant as an additional criterion of statehood.
In the case of rhodesia, UN resolutions denied the legal validity of the unilateral declaration of Independence on 11 november 1965 and called upon member states not to recognise it. Nostate did recognise rhodesia might have been regarded as a state by virtue of its satisfaction of the factual requirements of statehood, but this is a dubious proposition. The evidence of complete non- recognition, the strenuous denunciations of its purported Independence by the international community and the developing civil war militate strongly against this.it could be argued on the otherhand that, in the absence of recognition, no entity could become a state, but this constitutive theory of recognition is not aceptable.

Traducción:

La autodeterminación y los criterios de la condición de Estado

La libre determinación y los criterios de la calidad de estado , es el criterio del gobierno de la ley el derecho a la libre determinación. La tradicional exposición del criterio...