Comments On Cataluyna (Catalonia) People’s Unilateral Declaration Of Independence From Spain
On 10 October 2017, the Cataluyna (Catalonia) Parliament exercised their people’s right to self-determination by a formal unilateral declaration of independence (UDI) from Spain. This is a culmination of over 500 years of continuing nationalist assertion of the Catalan identity as a single distinct nation since it was incorporated in the Spanish State in 1469.
This declaration was preceded by earlier moves in 2014 with an informal referendum on independence and in 2015 November the nationalist-dominated Catalonia's parliament adopted a resolution supporting independence. On 1 October 2017, another referendum was held in Catalan mandated the nationalists to proceed with declaring independence from Spain. The Spanish Government had opposed all such moves since before WW2.
This significant event in Cataluyna and European history re-affirms the inalienable right of all nations to self-determination and independence and a victory for Catalans who have peacefully worked towards this day for many decades.
Their unilateral declaration of independence (UDI) is supported by international law and the Spanish Government should recognize Catalan independence.
The Catalan Government has complied with the UN General Assembly Resolutions (GAR) 1514 and 1541 requirements of being a government in control of its territory and people and complied with the legal processes including a referendum and therefore all the UN Members should respect and recognize the Catalan Parliament’s unilateral declaration of independence.
Such a declaration is supported by the International Court of Justice ruling in the 2010 Kosovo Declaration of Independence case. The ICJ found that international law did not prohibit a declaration of independence.
The late Professor Thomas Franck stated in a 2002 opinion on the Quebec independence issue that “There is a privilege of secession recognized in international law and the law imposes no duty on any people not to secede."
As the pro-Brexit advocate distinguished Professor Dr. Ingrid Detter de Frankopan said in 2016 “there is always a unilateral right to withdraw from an organisation”.
In the 1963 Sarawak Council Negri debate on the draft Malaysia Agreement, its members had demanded inclusion of an “exit clause” in case the proposed federation “did not work out”. Lord Lansdowne the Inter-Governmental Committee chairman deflated the demand by stating that this clause as unnecessary because “any state voluntarily entering into a federation has an intrinsic right to secede at will”.
And the International Court of Justice in the Western Saharan/Polisario Case (1975) ruled that sovereignty of a country rested in the people and it is the people’s right to self-determination.
Catalan’s struggle for independence is a great inspiration for the Sabah and Sarawak people who have been striving to achieve real self-determination before and after the annexation of their 2 countries by the United Kingdom in 1946 and later transfer of its sovereignty over the 2 colonies to the Malayan Federation renamed “Malaysia” on 16 Sept 1963.
The issue of Sabah and Sarawak self-determination remains unresolved after 54 years. There are many similarities between the Sabah and Sarawak case and the Catalan independence case in relation to history, legal, economic, social, cultural and geographical issues.
All Borneo nationalists will wish the Catalan people success in defending their independence and building a prosperous and strong independent country in peaceful co-existence with the rest of the world.
Robert Pei
President of SSRANZ