Decolonization and Self-Determination: A Historical Perspective

Self-Determination and the Colonial Order

The concept of self-determination for peoples has evolved significantly, particularly in relation to the colonial and international order.

Origin and Development of Colonization

The origins of modern colonization can be traced back to the 16th and 17th centuries. Colonial powers often justified their acquisition of legal titles over colonized territories by asserting the concept of "uninhabited land." However, many indigenous peoples were already politically organized, even if their political orders were considered "primitive" by the colonizers. The 19th century saw a significant intensification of the colonization of Africa. Other forms of colonization were also established through agreements concluded between colonial powers and indigenous local authorities. Under such agreements, these territories and their peoples were subjected to the colonial powers, which then exerted political, economic, and military control.

The League of Nations' Stance on Self-Determination

The League of Nations, an early international organization, did not recognize the explicit right of self-determination for peoples. Instead, the Covenant of the League of Nations established a mandate system across Africa, the Middle East, Asia, and America. Under these mandates, certain European powers assumed responsibility for peoples presumed to be incapable of governing themselves. The various situations of colonial domination were largely acceptable during the founding and subsequent development of the United Nations.

Dependent Territories and Decolonization in the UN Era

The United Nations Charter does not explicitly refer to the concept of "colonial territory." Instead, it mentions the existence of "Territories" belonging to peoples who had not yet attained full self-government. Resolution 1541, adopted on 15 December 1960, identified key characteristics of a dependent territory:

• Geographic separation of the territory from the administering State.
• Distinct cultural and ethnic makeup of the people of the territory compared to the administering State.
• Distinct economic, social, and cultural ties between the people of the territory and the administering State.
• Political subordination and economic dependence of the administered territory on the administering State.

The United Nations Charter also outlines specific obligations for colonial powers:

• To promote the progress of the peoples in these Territories.
• To promote economic development in these areas.
• To promote the development of their institutions.

Forms of Decolonization

The most widely used form of decolonization is the exercise of the right to self-determination of peoples. This method is appropriate when the colonized territory has not been previously under the sovereignty of any other State. The second method of decolonization is the return of the territory. The exercise of self-determination is not the most appropriate form of decolonization in Territories that were under the sovereignty of another state before colonization. In these cases, sovereignty over the territory is returned to the state that exercised it in the past.