Legal Status of Palestine

Similar documents
Arab-Israeli Conflict Map Analysis Activity

UNITED NATIONS LATIN AMERICAN AND CARIBBEAN MEETING IN SUPPORT OF ISRAELI-PALESTINIAN PEACE

Oslo Accords Declaration of Principles on Interim Self-Government Arrangements:

Palestinian Unilateral Declaration of Independence (UDI): A Teacher s Guide

Dear Delegates, It is a pleasure to welcome you to the 2016 Montessori Model United Nations Conference.

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. [on the report of the Third Committee (A/53/625/Add.2)]

THE FOREIGN POLICY OF MEXICO. Andres Manuel Lopez Obrador President For a Stronger and Better Mexico

Non-Paper Draft for Brainstorming and Discussion Purposes Only This Non-Paper Draft replaces and supersedes any and all previous drafts

Vienna Convention on Succession of States in respect of Treaties

ARAB-ISRAELI CONFLICT

COURSE DESCRIPTION FOR THE BACHELOR DEGREE IN INTERNATIONAL RELATIONS

Arab-Israeli Conflict

Ensuring protection European Union Guidelines on Human Rights Defenders

EU Middle East policy - Forty years since the Yom Kippur War

Adopted by the Security Council at its 4761st meeting, on 22 May 2003

Nationalistic Movements in SW Asia/Middle East

Resolution from the 2 nd Barents Indigenous Peoples Congress 2012

Resolution 1244 (1999) Adopted by the Security Council at its 4011th meeting, on 10 June 1999

LAW NO. 40/2006 OF 25 AUGUST 2006 LAW ON THE ORDER OF PRECEDENCE OF THE PROTOCOL OF THE PORTUGUESE STATE

41/128.Declaration on the Right to Development

PRINCIPLES OF INTERNATIONAL LAW

Annex 1 Primary sources for international standards

Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip

BWC/CONF.V/COW/WP.28 STOCKPILING OF BACTERIOLOGICAL 27 November 2001 (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION PROPOSALS

Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific

Academic Standards for Civics and Government

AGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS

STATE SANCTIONED PERSECUTION OF JEWS IN EGYPT

Civil Wrongs (Liability of the State) Law,

Conclusion. Based on the current growth rate, the settler population will double to nearly 900,000 in just 12 years.

NEGOTIATING FRAMEWORK FOR TURKEY. Principles governing the negotiations

CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS THE HAGUE - 12 APRIL 1930

Under the terms of Article 161c of the Constitution, the Assembly of the Republic hereby decrees the following: Chapter I GENERAL PROVISIONS

United Nations. United Nations Declaration on the Rights. United Nations. Published by the United Nations March ,000

Israel/Palestine does recognising both states make a difference? Sir Vincent Fean KCVO, former Consul General to Jerusalem

Results of Palestinian Public Opinion Poll No January 2006

References to Palestine in the UN General Debate. 67 session (September 2012) First Day, September 25.

Teaching Notes Crisis Guide: The Israeli-Palestinian Conflict

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA

Letter dated 21 October 2015 from the Secretary-General addressed to the President of the Security Council

The survey found a majority of both Israelis and Palestinians supported the peace plan that was presented to them: don t know/refuse

United Nations Convention on Jurisdictional Immunities of States and Their Property 2004

Vienna Convention on the Law of Treaties 1969

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AND THE GOVERNMENT OF THE STATE OF ERITREA

Terrorist or freedom fighter or..?

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Request for advisory opinion)

RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY. [without reference to a Main Committee (A/53/L.79)]

International Covenant on Economic, Social and Cultural Rights

The guidance will be developed over time in the light of practical experience.

The Geneva Accord. Draft Permanent Status Agreement. Preamble

CONVENTION ON THE RECOGNITION OF STUDIES, DIPLOMAS AND DEGREES CONCERNING HIGHER EDUCATION IN THE STATES BELONGING TO THE EUROPE REGION PREAMBLE

UNITED NATIONS INTERNATIONAL MEETING ON THE QUESTION OF PALESTINE

TUNISIA. United Nations General Assembly. 6o th Session. Speech by Mr. Abdelwaheb Abdallah, Minister of Foreign Affairs. (New York September 19, 2005)

LAW FOR THE PREVENTION OF INFILTRATION (OFFENCES AND JUDGING) (AMMENDMENT NO. 3 AND TEMPORARY ORDER),

DECISION No DEPLOYMENT OF AN OSCE SPECIAL MONITORING MISSION TO UKRAINE

CONSTITUTION OF THE REPUBLIC OF SENEGAL Adopted on 7 January 2001

Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983

Israel/Palestine: A Lesson Plan for Understanding the Middle East Conflict

Political Science Haigazian University

FINAL ACT OF THE VIENNESE MINISTERIAL CONFERENCES (MAY 15, 1820)

Adopted by the Security Council at its 5430th meeting, on 28 April 2006

INTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law and international treaties)

Diakonia position paper on Israel/Palestine

Major Agreements of the Oslo Peace Process

COMPILATION OF CONSTITUTIONAL AND LEGISLATIVE PROVISIONS ON TREATY PRACTICE OF THE REPUBLIC OF THE PHILIPPINES

CABINET OFFICE THE CIVIL SERVICE NATIONALITY RULES

A/55/47. United Nations

CHARTER OF THE UNITED NATIONS

Temporary International Presence in Hebron

Federal Law of the Russian Federation on the Procedure for Exit from the Russian Federation and Entry Into the Russian Federation

Frequently Asked Questions: Divestment

Support to Civil Administration

ADMINISTRATIVE REFORM IN THE MEDITERRANEAN REGION

Cultural Preservation and Protection. By Elizabeth A. Thomas-Hoffman

Strasbourg, 10 June (2013)008rev2

Part One: Interpretation

NO ASSOCIATION WITH OCCUPATION SUSPEND THE EU-ISRAEL ASSOCIATION AGREEMENT

Chapter 1 - IPC Constitution. December 2011

(Legislative acts) DECISIONS

LAW OF THE KYRGYZ REPUBLIC. On the Right of Citizens to Assemble Peacefully, without Weapons, Freely Conduct Meetings and Demonstrations

American Public Attitudes Toward The Israeli-Palestinian Conflict. Shibley Telhami, Principal Investigator

UNITED NATIONS DECLARATION ON THE RIGHT TO DEVELOPMENT

Federal Act on Data Protection (FADP) Aim, Scope and Definitions

Summary 2010/2 22 July Accordance with international law of the unilateral declaration of independence in respect of Kosovo

The Hague Convention on the Civil Aspects of International Child Abduction

JUDGMENT OF THE COURT 28 September 2015

COUNCIL OF THE EUROPEAN UNION. Brussels, 17 December 2003 (OR. en) 14994/03. Interinstitutional File: 2002/0043 (CNS) MIGR 101

International Civil Aviation Organization WORLDWIDE AIR TRANSPORT CONFERENCE (ATCONF) SIXTH MEETING. Montréal, 18 to 22 March 2013

Guiding principles on security of tenure for the urban poor

Topic B: Human Rights Violations in the Israel/Palestine Conflict

5. The Model Strategies and Practical Measures are aimed at providing de jure and de

CANADA PROVINCE OF QUEBEC ENFORCEMENT OF FOREIGN JUDGMENT

Resolution adopted by the General Assembly on 8 September [without reference to a Main Committee (A/60/L.62)]

State of the Gaza Strip s border crossings November 2013

Une nouvelle gouvernance mondiale pour le développement durable. The Exhaustion of Sovereignty: International Shaping of Domestic Authority Structures

of the United Nations

14 Common Myths about the Palestine/ Israel Conflict

STATEHOOD AND PALESTINE FOR THE PURPOSES OF ARTICLE 12(3) OF THE ICC STATUTE. A contrary Perspective

2. Economic characteristics

Adopted by the Security Council at its 6196th meeting, on 5 October 2009

Transcription:

Legal Status of Palestine By Kavitha Giridhar Since the breakup of the Ottoman Empire, Palestine has been struggling to gain statehood. After World War I, Palestine, along with several other Arab nations, was placed under British rule. When Britain pulled out of the area, every Arab state was granted independence except Palestine. In 1917, Britain called for a Jewish nation to be created in the land of Palestine. As the region became more troubled by mass immigration and violence, Britain handed the matter over to the United Nations. The United Nations (UN) issued a resolution in which it called for a separate Israeli and Palestinian state. Israel accepted this partition and in 1948 declared its independence. Israel has since been recognized as a state by most other states and international organizations. However, Palestine rejected this partition and, despite its attempts, has still not received statehood status. This article will determine whether Palestine has met the requirements for statehood by answering three legal questions: 1) Has Palestine met the requirements for de facto statehood? 2) Has Palestine achieved de jure statehood? 3) Does Palestine have the right to self-determination? In order for an entity to be considered a state, it must possess the following qualifications as laid out by the 1933 Montevideo Convention: a) a permanent population; b) a defined territory; c) government; and d) the capacity to enter into relations with the other states. 1 These qualifications have been used as the basis for statehood by the international community. Palestine argues that it has met these requirements and therefore has achieved de facto statehood. However, to be considered a state an entity must function independently of any other authority. 1 The 1933 Montevideo Inter-America Convention on the Rights and Duties of a State, 26 December, 1933. Article 1.

Under the Declaration of Principles and the following agreements, it is clear that Palestine is not in full control in any of these four areas. Israel has maintained its overall authority of the region. It would seem that Palestine has fulfilled the first criterion of a permanent population. The Palestinian peoples share a common culture, history, and nationality and reside in both the West Bank and Gaza Strip. However, it has been contested whether a state can solely have a permanent population or whether it must also exert control over this population. As stated by the Third U.S. Restatement of the Law, the population must be under the control of its own government. 2 While Palestine has been granted many powers over its people, it is still not independent of Israeli control. The other criteria are met with much more controversy; the second requirement which calls for a defined territory is arguably the most contested of them all. For a state to meet this criterion, it needs to show that first, it has sovereign title over the land and secondly, that the land is adequately defined. 3 Palestine does not have sovereign title over the West Bank or the Gaza Strip. The area was granted to Israel as early as 1917 by the British in the Balfour Declaration. 4 In the Balfour Declaration, Britain recognized the need for a Jewish state and granted the Palestinian land for this purpose. Later Britain turned the issue of a Jewish state over to the League of Nations, but the Balfour Declaration was upheld through the Mandate for Palestine. 5 2 American Law Institute, Third Restatement of the Foreign Relation Law of the United States 201 (1986). 3 Becker, Tal. International Recognition of a Unilaterally Declared Palestinian State: Legal and Policy Dilemmas. Jerusalem Center for Public Affairs. <http://www.jcpa.org/art/becker2.htm> 4 Balfour Declaration. 2 November, 1917. The Balfour Declaration of 1917 was a letter from Arthur James Balfour, British Secretary of State for Foreign Affairs to Lord Rothschild for the English Zionist Federation. In this letter Balfour shows his sympathy for the Zionist Movement. He writes, His Majesty s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country. 5 The Mandate for Palestine. 24 July, 1922. The Council of the League of Nations. Preamble, para. 2. The Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the

This mandate established the legal right of the Jewish peoples to the land of Palestine. The Permanent Court of International Justice, the UN Special Commission on Palestine, and the Council of the League continue to uphold the Mandate for Palestine. As the League of Nations dissolved, the issue of Palestine was handed over to the United Nations. In UN General Assembly Resolution 181, the United Nations called for a partition of the land into both a Jewish State and an Arabic State. 6 Resolution 181 is often used as evidence of Palestine s sovereign title over the West Bank and Gaza Strip, though this remains unfounded. The United Nations tried to create a state, which goes well beyond the powers granted to it by the UN Charter. As stated in Chapter IV, Article10, UN resolutions are only recommendations and not binding law. 7 Furthermore, the UN abandoned Resolution 181 with the passing of Security Council Resolutions 242 8 and 338 9. Additionally, it was Palestine s rejection of Resolution 181 that prevented its adoption. In the Palestine National Charter, Article 19 it states that The Partition of Palestine, which took place in 1947, and the establishment of Israel, are fundamentally invalid 10 For decades Palestinians have declared the partition void, therefore rejecting sovereign title to the area. Also, by signing the Declaration of Principles (DOP) in 1993, Palestine acknowledges that sovereign title of the West Bank and Gaza Strip had not yet been resolved. Article V of the DOP states that future permanent status negotiations shall cover the issue of borders in the future, but as of right declaration originally made on November 2nd 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favor of the establishment in Palestine of a national home for the Jewish people. 6 United Nations General Assembly Resolution 181. 29 November, 1947. Part II. 7 United Nations Charter, Chapter IV, Article 10.1945. The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters. 8 UN Security Resolution 242. 1967. 9 UN Security Resolution 338. 1973. 10 The Palestine National Charter. 17 July 1968. Article 19.

now, Palestine does not have sovereignty over the land. 11 The DOP and latter agreements granted certain powers to Palestine but never sovereign title over the land. The second part of territory is definition. As of this time, Palestine does not have a sufficiently defined territory. In the past, entities have been denied statehood due to such fragmentation. For example, Britain did not recognize Bophuthatswana because it consisted of six regions, and Lithuania was not recognized in 1919 by the Allied Powers because its borders were not sufficiently defined. 12 In same manner, the land of Palestine is too fragmented and to interspersed with Israelis (whom they cannot govern) to have a defined territory. Since Palestine does not possess sovereign title over a defined territory, it can be said that it has not met the second requirement of de facto statehood. Thirdly, an entity must have a government to be considered a state. The Encyclopedia of Public International Law states that the government, in exercising its power, must be capable of acting independently of foreign governments. 13 Palestine does not possess such independence for it rules under the overarching authority of Israel. The Declaration of Principles (DOP), which was signed by both sides, gave limited powers to the Palestinian National Authority. Article I, Section 1 of the DOP states that: Israel shall transfer powers and responsibilities as specified in this Agreement from the Israeli military government and its Civil Administration to the Council in accordance with this Agreement. Israel shall continue to exercise powers and responsibilities not so transferred. 14 11 Declaration of Principles On Interim Self-Government Arrangements. 13 September 1993. Article V(3). Jerusalem, refugees, settlements, security arrangements, borders relations and cooperation with other neighbors, and other issues of common interest. 12 Becker, supra note 3. 13 Doehring, Karl. State, Encyclopedia of Public International Law. R. Bernhardt, ed. 423, 424, 1981. 14 DOP, supra note 3 at Article 1(1).

All of Palestine s powers are granted by Israel, plainly showing Palestine s lack of independent authority over the area. The DOP also makes clear that there are certain powers that Palestine does not possess. Palestine can create an internal security force but not an army; Israel will continue to defend the area from external threats. 15 Palestine also needs Israel s cooperation in economic fields. In the Interim Accord of 1995, Annex VI Article 4 and 5 define Israel s role in helping with infrastructure, agriculture, industry etc. in the Palestinian area. 16 Palestine also cannot enter into any relations with foreign nations, though this will be discussed later on. Furthermore, the 1994 Agreement of the Gaza Strip and Jericho calls for the creation of a joint committee called the Civil Affairs and Cooperation Committee to handle civil affairs in the region. 17 Members from both Israel and Palestine are to meet once a month to discuss civil matters including infrastructure, licensing, hospitalization, transportation and other such matters. 18 In this agreement Israel also states it has authority over the Settlements, the Military Installation Area, Israelis, external security, internal security and public order and shall exercise its authority through its military government in the region. 19 This again shows that it is Israel who has the overriding authority of the area. These are just some examples of cooperative efforts that are needed in order for Palestine to function. It is clear that the Palestinian government is not independent of foreign government rule, namely Israel, and therefore does not meet the third requirement of statehood. 15 DOP, supra note 11 at Article VIII. 16 Oslo Interim Accord. 28 September, 1995. Annex VI Article 4 and 5 17 Agreement on Gaza Strip and the Jericho Area. 4 May 1994. Article 3(5). 18 Supra note 17 at Annex II, Article 1A 19 Supra note 17. Specifically Article V, 3 states: a) Israel has authority over the Settlements, the Military Installation Area, Israelis, external security, internal security and public order of Settlements, the Military Installation Area and Israelis, and those agreed powers and responsibilities specified in this Agreement. b) Israel shall exercise its authority through its military government, which, for that end, shall continue to have the necessary legislative, judicial and executive powers and responsibilities, in accordance with international law. This provision shall not derogate from Israel's applicable legislation over Israelis in personam

The last component of de facto statehood is the ability of an entity to conduct foreign relations. Palestine cannot make foreign decisions or enter into foreign relations without the cooperation of Israel. Here, again, Palestine does not function independently but rather under Israel s authority. Palestine s ability to enter foreign relations is severely limited by the Interim Accord of 1995. Article IX, Section 5, which lays out the Powers and Responsibilities of the Palestinian Council, states that: the Council will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the West Bank or the Gaza Strip, the appointment of or admission of diplomatic consular staff and the exercise of diplomatic relations [emphasis added]. 20 When looking at this article, one can clearly see that Palestine does not have the capacity to enter into foreign relations. Under this accord, Palestine is not able to conduct any diplomatic relations. Diplomacy is a key component of foreign relations and, in general, a key component of statehood. States communicate with one another through diplomatic means, and diplomacy is also a formality of recognition. Article IX Section 5(b) lays out the few circumstances in which Palestine can sign agreements with other states or organizations. 21 However, this still does not qualify Palestine as having the capacity to enter foreign relations. First of all, section 5(c) clearly states that the 20 Supra note 16 at Article IX Section 5(a). 21 Supra note 16 at Article IX Section 5(b). This section stipulates that the PLO can conduct relations with other states or international organizations in only the following cases: 1) economic agreements, as specifically provided in Annex V of this Agreement; 2) agreements with donor countries for the purpose of implementing arrangements for the provision of assistance to the Council; 3) agreements for the purpose of the implementing the regional development plans detailed in Annex IV of the DOP or in agreements entered into in the framework of the multilateral negotiations; and 4) cultural, scientific and educational agreements.

agreements referred to in subparagraph 5.b above, shall not be considered foreign relations. 22 By signing this agreement, Palestine acknowledges that it does not conduct foreign relations. Furthermore, these exceptions again show that Palestine has limited foreign relations and is not independent from Israel. Additionally, the DOP Article XI creates an Israeli-Palestinian Economic Cooperation Committee to promote the development of the West Bank and the Gaza Strip. 23 Palestine therefore does not have the capacity to enter into economic agreements with other states without the approval of Israel. Also, as mentioned previously, Palestine does not have the power to create an army. 24 A state must have the power to create an army if it so chooses, in order to protect itself in the event that hostile foreign relations arise. Palestine does not have this option. Section 2 of Article IX on Laws and Military Orders reiterates this point: Both parties will review jointly laws and military orders presently in remaining spheres. 25 Under the terms of both the Interim Agreements and the Declaration of Principles, it is clear that the powers Palestine posses do not extend to the realm of foreign relations. By signing these agreements, Palestine acknowledged and accepted its inability to conduct foreign relations. Without this fourth component, Palestine has not achieved de facto statehood. Therefore, Palestine has not met any of the requirements needed to fulfill de facto statehood. Palestine does not have a permanent population in which it possesses control over. Nor does Palestine have sovereign title over a defined territory. The Palestine National Authority is an interim government and does not meet the third criterion of an independent government. Finally, Palestine does not have the capacity to enter into foreign relations. 22 Supra note 16 at Article IX Section 5(c). 23 DOP, supra note 11 at Article XI. 24 DOP, supra note 15. 25 DOP, supra note 11 at Article IX, Section 2.

Palestine has been granted limited powers over the West Bank and Gaza Strip, while Israel still maintains the overarching authority over the area. Until Palestine can act independently of Israel s rule, it cannot be considered a de facto state. Yet, Palestine argues that it has obtained de jure statehood. While it is true that a number of states have recognized Palestine as a state, legally it is still not considered one. Individual states recognition of Palestine, does not amount to statehood. First, premature recognition of a state is a violation of international law. 26 In principle a state can only recognize another state when it has met de facto requirements of statehood. As proved earlier, Palestine has not achieved de facto statehood, and any state s recognition of Palestinian statehood should be considered void under international law. Second, international organizations have not granted statehood status to Palestine. For example, the World Health Organization, the European Union, and the United Nations do not recognize Palestine as a state. Palestine has Observer Status 27 in the United Nations, not Member Status. Palestine shares such status with the Red Cross, the International Institute for Democracy and Electoral Assistance, and 45 other similar entities. 28 Such status shows that the UN considers Palestine an international organization rather than a state. States may individually recognize Palestine, but the international community as a whole does not recognize Palestine as a state. Therefore Palestine is not a state by de jure standards as well. Finally Palestine declares that it has a right to self-determination and therefore has the right to rule itself as a state would. The United Nations recognizes a right to self-determination 26 UN Charter, Supra note 7 at Article 2(4). All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. 27 A/RES/3237 (XXIX). 22 November, 1974. & A/RES/43/177. 15 December, 1988. 28 United Nations Dag Hammarskjöld Library. Organizations Granted Observer Status in the General Assembly. 29 February, 2004. < http://lib-unique.un.org/lib/unique.nsf/link/r02020>

in Article I (2). 29 Article 3 of the Draft United Nations Declaration on the Rights of Indigenous Peoples defines self-determination as the right of an entity to freely determine their political status and freely pursue their economic, social and cultural development. 30 Palestine has been granted a great degree of self-determination. Under Article VI (2) of the DOP, Palestine has power over its education and culture, health, social welfare, direct taxation, and tourism. 31 Palestine has the power to freely manage social, cultural, and to a certain degree economic affairs. Moreover, nowhere is it stated that the right to self-determination equals a right to statehood. Israel has granted Palestine numerous powers in which it has obtained a great degree of self-determination. Palestine is an autonomous entity, not a state. Palestine has not yet met the de facto requirements of statehood. To recognize Palestine as a state prematurely would only further destabilize the area. The DOP, the Interim Accord and subsequent agreements are accepted by both sides and acknowledge the need for Israel s authority and presence in the area. While Israel may have the overarching authority of the area, Palestine has been granted a significant degree of self-determination. However, the right to self-determination does not equal a right to statehood. In Israel and Palestine s search for peace, stability becomes evermore plausible, and with stabilization the chance of Palestinian statehood increases. However, at this point and time, Palestine cannot legally be considered a state under international law. 29 UN Charter, Supra note 7 at Article 1(1). Under the Purposes of the UN, Article I(1) states: To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace. 30 Draft United Nations Declaration on the Rights of Indigenous Peoples. Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. E/CN.4/Sub.2/1994/2/Add.1 (1994). Article 3. Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 31 DOP supra note 11 at Article VI(2).