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Secession: How New States Secession: How New States Are Created in our WorldAre Created in our World

Aleksandar PavkoviAleksandar Pavković (Sasha)ć (Sasha)

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Part IPart I

Secession: what is it and what Secession: what is it and what do about itdo about it

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Secession: what is it?Secession: what is it? Detachment of a territory with its Detachment of a territory with its

population from an existing statepopulation from an existing state Creation of a new independent and Creation of a new independent and

sovereign statesovereign state If successful, the new state admitted to If successful, the new state admitted to

the UN. South Sudan in 2011. Kosovo the UN. South Sudan in 2011. Kosovo not yet.not yet.

Different from: decolonization, irredentaDifferent from: decolonization, irredenta

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Why important?Why important? The only way to create a new stateThe only way to create a new state A large number of secessionist A large number of secessionist

movements want a state of their own.movements want a state of their own. This usually creates instability and This usually creates instability and

conflict: the host state resists the conflict: the host state resists the demands for a new state by force, if demands for a new state by force, if necessary.necessary.

Violent conflict into which outside states Violent conflict into which outside states are often drawn.are often drawn.

Where did it happen? South Where did it happen? South Sudan 2011Sudan 2011

South Sudan: declared independence on July South Sudan: declared independence on July 2011. It was a part of Sudan.2011. It was a part of Sudan.

Civil wars against the North (Karthoum) from Civil wars against the North (Karthoum) from 1956 (Sudan as a whole granted 1956 (Sudan as a whole granted independence from the UK in 1956)independence from the UK in 1956)

2005 Peace agreement. January 2011 2005 Peace agreement. January 2011 referendum 99% for independence.referendum 99% for independence.

2012 Intermittent fighting on the border 2012 Intermittent fighting on the border over the oil producing areas.over the oil producing areas.

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South Sudan South Sudan

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Kosovo 2008?Kosovo 2008? Province of Serbia with a majority Province of Serbia with a majority

Albanian population – declared Albanian population – declared independence from Serbia 1990, from independence from Serbia 1990, from Yugoslavia October 1991. A parallel state Yugoslavia October 1991. A parallel state for Kosovo Albanians created.for Kosovo Albanians created.

Armed uprising starts in 1998, NATO Armed uprising starts in 1998, NATO bombs Serbia in 1999, NATO and UN take bombs Serbia in 1999, NATO and UN take over control over the province in 1999.over control over the province in 1999.

Declares independence again: February Declares independence again: February 2008.2008.

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KosovoKosovo

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Unrepresented peoples OrganizationUnrepresented peoples Organization

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A few potential secessionsA few potential secessions

Kurdistan in Iraq. Kurdistan in Iraq. 2010 a ‘unofficial’ 2010 a ‘unofficial’ referendum on secession: more than referendum on secession: more than 90 per cent for it. Since 1991, de facto 90 per cent for it. Since 1991, de facto independence. independence.

Significant oil reserves, no insurgency.Significant oil reserves, no insurgency. The problem: the US and Turkey not The problem: the US and Turkey not

inclined to recognize independence inclined to recognize independence (the Iraq government would not either)(the Iraq government would not either)

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Kurdish controlledKurdish controlled KurdiKurdi

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Territories populated by Territories populated by KurdsKurds

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ScotlandScotland United with England in 1707 by an act of United with England in 1707 by an act of

Union. 1/3 of the territory, but less than Union. 1/3 of the territory, but less than 10% population of the UK.10% population of the UK.

1997 referendum: powers devolved to 1997 referendum: powers devolved to Scottish Parliament. Pro-independence Scottish Parliament. Pro-independence party in power since 2007. party in power since 2007.

Referendum in 2014. No opposition from Referendum in 2014. No opposition from the UK or any other country.the UK or any other country.

The question: will it have to apply for The question: will it have to apply for accession to the EU or automatic?accession to the EU or automatic?

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Four types of question to Four types of question to askask

1.1. Why and how do secession occur? Or What Why and how do secession occur? Or What causes secession?causes secession?

2.2. How can one justify attempts to take away How can one justify attempts to take away territory on political or moral grounds?territory on political or moral grounds?

3.3. How can one regulate or assess secessions How can one regulate or assess secessions or a secession from a legal point of viewor a secession from a legal point of view

4.4. How can one prevent or control secessions How can one prevent or control secessions so that that do not cause the damage they so that that do not cause the damage they usually do?usually do?

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Why and how do they Why and how do they occur?occur?

No general answer which will allow us to say: No general answer which will allow us to say: Causes a, b and c Causes a, b and c always always lead to secession.lead to secession.

Some causally necessary conditions: Some causally necessary conditions: Alienation (estrangement) of the population Alienation (estrangement) of the population

from the state – ‘not their own state’from the state – ‘not their own state’ Alienated population territorially Alienated population territorially

concentratedconcentrated Secessionist movements and secessionist Secessionist movements and secessionist

nationalist ideology: “we (national group X) nationalist ideology: “we (national group X) deserve a state of our own”deserve a state of our own”

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Are secessions legal?Are secessions legal? In general No: only two constitutions In general No: only two constitutions

in the world allow for secession. in the world allow for secession. International law does not mention International law does not mention secession at all.secession at all.

But they can become legal. How to But they can become legal. How to legalize secession?legalize secession?

The easiest way: through domestic The easiest way: through domestic law.law.

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Legalizing secessionLegalizing secession First – the host states, secessions need to First – the host states, secessions need to

reach a mutual agreement. reach a mutual agreement. Mutually Mutually agreed secessionagreed secession..

Second, the host state legalizes it through Second, the host state legalizes it through enacting a new law, repealing old laws or enacting a new law, repealing old laws or changing constitution.changing constitution.

Canada Supreme Court, 1998: the host state Canada Supreme Court, 1998: the host state has an obligation to negotiate once the has an obligation to negotiate once the secessionists win a referendum in a province. secessionists win a referendum in a province.

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International lawInternational law What about UNILATERAL (not agreed) What about UNILATERAL (not agreed)

secession?secession? International law: other states and/or the International law: other states and/or the

UN or the EU UN or the EU cancan recognize a new state recognize a new state and thus legalize secession.and thus legalize secession.

No international law governing recognition. No international law governing recognition. But UN 1970 Friendly Relations Resolution suggests But UN 1970 Friendly Relations Resolution suggests

(implicitly) that states lose their right to the territory if (implicitly) that states lose their right to the territory if they deny political representation to a group. See they deny political representation to a group. See Principle 5 (below)Principle 5 (below)

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Nothing in the foregoing Paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territorywithout distinction as to race, creed or colour.

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How to prevent or control How to prevent or control secession?secession?

AccommodationAccommodation of secessionist demands: of secessionist demands: Devolution of state powers to lower levelsDevolution of state powers to lower levels Cultural rights – flag, coat of arms, anthemCultural rights – flag, coat of arms, anthem Power sharing in the central government.Power sharing in the central government. Veto power to the leaders of secessionist groups.Veto power to the leaders of secessionist groups.

Stay with us – and will give you all you ask, except Stay with us – and will give you all you ask, except secession. It does not work always. Why?secession. It does not work always. Why?

Suppression by forceSuppression by force: usually leads to a violent : usually leads to a violent conflict. Very costly, not always effective.conflict. Very costly, not always effective.

International mediation/interventionInternational mediation/intervention. . Sometimes prevents secession (Aceh); sometimes Sometimes prevents secession (Aceh); sometimes not (Tamils).not (Tamils).

No single recipe.No single recipe.

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Part II Part II

How to (morally) justify a How to (morally) justify a secession?secession?

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Three competing ‘moral’ Three competing ‘moral’ theories of secession theories of secession

How to generate How to generate a right to secessiona right to secession (to a new state).(to a new state).

• Remedial Rights TheoryRemedial Rights Theory• Democratic choice theoryDemocratic choice theory• Nationalism (liberal, of course)Nationalism (liberal, of course)

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Remedial rights theory: only Remedial rights theory: only victims can get a state of their victims can get a state of their

ownown Secession - a last resort instrument Secession - a last resort instrument

against grave injustices.against grave injustices. Against grave injustices – genocide, abuse Against grave injustices – genocide, abuse

of human rights, recent military conquest .of human rights, recent military conquest . Are there more effective instruments for Are there more effective instruments for

protecting populations than secession. protecting populations than secession. Why then secession? What about Why then secession? What about

dispersed populations?dispersed populations?

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Democratic choice theoryDemocratic choice theory A territorially concentrated (and settled) group A territorially concentrated (and settled) group

has a right to a state, provided it chooses a has a right to a state, provided it chooses a state through a proper democratic procedure. state through a proper democratic procedure. Majorities ‘generate’ the right to a state.Majorities ‘generate’ the right to a state.

The principles to which it appeals:The principles to which it appeals: The liberty of free association of a minority as The liberty of free association of a minority as

a means of avoiding the tyranny of a majority.a means of avoiding the tyranny of a majority. Recognition of the ability of minorities to Recognition of the ability of minorities to

govern themselves. govern themselves.

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DemocraticDemocratic secession: The right to cause secession: The right to cause poverty?poverty?

The rich secede from the poor by democratic The rich secede from the poor by democratic means: secessions causes economic inequality.means: secessions causes economic inequality.

Who has the right to the assets on a territory? Who has the right to the assets on a territory? Why does being in a majority entitle you to Why does being in a majority entitle you to assets?assets?

Any minority can avoid a majoritarian decision Any minority can avoid a majoritarian decision by exiting its current state. The end of by exiting its current state. The end of majority-rule democracy?majority-rule democracy?

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Each nation deserves a Each nation deserves a state state

Liberal nationalism: a nation should have a Liberal nationalism: a nation should have a state to protect the liberties of its members or state to protect the liberties of its members or to enable them to express their culture to enable them to express their culture through the state. through the state.

The principle of each nation is entitled to the The principle of each nation is entitled to the same protection: equal group rights of nations.same protection: equal group rights of nations.

Currently unequal protection: minorities and Currently unequal protection: minorities and non-members not protected by a nation-state non-members not protected by a nation-state in the same way. in the same way.

Secession provides protection to stateless Secession provides protection to stateless national groups.national groups.

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Why privilege nations?Why privilege nations? No resolution to conflicting No resolution to conflicting

national /mixed population territorial national /mixed population territorial claims.claims.

Contingencies of history and of choice Contingencies of history and of choice – who settled where – do not generate – who settled where – do not generate rights to the territory.rights to the territory.

Nations do not seem to be holders of Nations do not seem to be holders of moral rights.moral rights.

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Is moral theory of any help?Is moral theory of any help? Injustices, majorities and nationhood are Injustices, majorities and nationhood are

rhetorical devices used to generate rhetorical devices used to generate political support for secession.political support for secession.

There may not be any There may not be any moralmoral rights to a rights to a state (secession). No moral principles state (secession). No moral principles which can decide whether secessionist which can decide whether secessionist demands are morally right or wrong. demands are morally right or wrong.

Political rhetoric of secessionists and of Political rhetoric of secessionists and of host states has little if any basis in moral host states has little if any basis in moral or political theory. or political theory.

Further readings: A. Pavkovic with P. Radan Creating New

States (Ashgate 2007) A. Pavkovic and P. Radan (eds) The

Ashgate Research Companion to Secession, (Ashgate 2011).

D. D. Laitin, Nations, States and Violence, (Oxford UP, 2007)

P. G. Roeder, Where Nation-States Come From: Institutional Change in the Age of Nationalism, (Princeton UP, 2007),

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