Self Determination and Separatism

Self Determination and Separatism

International law provides all ‘peoples’ with a right to self-determination. As a general rule ‘peoples’ should exercise their right to self-determination within the territory of their sovereign state, thus maintaining the existing territorial integrity. However, there are exceptions to this rule. Where a state is occupied, subjugated and exploited by a foreign power, a right of secession may arise. Additionally, where peoples are blocked from any meaningful exercise of their right to internal self-determination, a right of secession may arise, as a last resort.

Global Diligence provides legal advice to national groups whose right to self-determination has been denied by their government. Our clients include armed separatists, civil society representatives, diaspora groups, and individuals.

Indian Punjab: Sikhs for Justice

Sikhs For Justice, a human rights advocacy group, engaged Global Diligence to provide legal advice on the right to ‘self-determination’ under international law. SFJ plans to hold a referendum in 2020, inviting Sikhs in India and abroad to vote for or against the establishment of a sovereign, independent, self-governing Sikh homeland (Khalistan), within the current Punjab region.

Sri Lanka: Transnational Government of Tamil Eelam (TGTE)

The Sri Lankan Government’s brutal military campaign at the end of the civil war in 2009 left tens of thousands of Tamil civilians dead or missing. Despite the documentation of war crimes by independent UN panels, the government continues to deny or defend the mass violations.

The TGTE serves as a government in exile, which keeps alive the idea of Tamil Eelam, a Tamil state in the north and east of Sri Lanka. In 2016, TGTE established the Sri Lanka Monitoring and Accountability Panel (MAP), an independent panel of legal experts to monitor the transitional justice program in Sri Lanka, from a victims’ perspective. GD Partner, Richard J Rogers, heads the MAP, which has submitted reports to the UN investigative panels and issued multiple reports with recommendations.

Mali: National Movement for the Liberation of Azawad (MNLA)

Seeking an independent Azawad in Northern Mali, the MNLA engaged in an armed conflict against the Malian government forces. Global Diligence provided advice to the MNLA on a range of issues, including the legality of warfare, the ICC investigation into the Mali situation, and the peace negotiations.

Crimean Tatars

Since the annexation of the Crimean Peninsula by the Russian Federation, Crimean Tatars – the Peninsula’s third largest ethnic group – have faced systematic discrimination and human rights abuses. Global Diligence provides advice, training and representation to Crimean Tatar civil society and victims.