gunduz-aktan-kitap-soyledikleri-ve-yazdiklari

WHAT HE SAID AND WHAT HE WROTE
Paragraph 2 of the Vienna Declaration reaffirms the principle of
self-determination. It states that "all peoples have the right of selfdetermination"
and that "the denial of the right of selfdetermination
(is) a violation of human rights” and the Conference
“underlines the importance of the effective realization of this right”.
The significance of paragraph 2 also lies in the fact that it
provides us with clear elements regarding the exercise of the right
of self-determination. In doing so, it makes distinction between the
right of self-determination of peoples under colonial or other forms
of alien domination or foreign occupation on the one hand, and
countries which encompass people of different ethnic origins on
the other.
Such a distinction is well founded, since peoples under colonial
domination or foreign occupation have never had the opportunity
to express their free will about their own future. By contrast,
people of different ethnic origin living in a democratic sovereign
State have freely opted to live within the present boundaries during
the establishment of the State.
The Vienna Declaration in its Paragraph 2, envisages that for
the peoples falling in first category i.e. peoples under colonial
domination or foreign occupation, self-determination is an
inalienable right. However, it is also stated in the same paragraph
that these peoples can exercise their right of self-determination
only through "legitimate action". In other words, terrorism can not
be admissible even for the cause of self-determination. This is in
compliance with General Assembly resolution 48/122 of 20
December 1993 which states that "terrorism can not be justified
under any circumstances".
For the people falling in the second category the Vienna
Declaration is also clear; it states that the right of selfdetermination
"shall not be construed as authorizing or
encouraging any action which would dismember or impair, totally
or in part, the territorial integrity and political unity of sovereign
and independent States… possessed of a government representing
the whole people… without distinction of any kind".
The implication of this statement is obvious. Right of selfdetermination
does not imply secession in countries with a
democratic regime.
168
Gündüz Aktan