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This right, even, may change the borders of a country, a continent or moreover the whole international system if it faces a kind of hegemony or freedom trend. The most important effect of it was seen on children, women and socities as individuals in Bosnia, Cashmere, Chechnya, Somalia, Kosovo, Eritre and Palestine 18 and this situation in tragedy apart from the strategic d isc u ssio n s or acad em ic researches The related side of inner organizations of governments about self determination is the right to choose ideal government style for the public without any other external force or pressure.
In United Nation applications, granting this right for those except from colonized socities, is regarded contradictory to the right of not intervening to internal affairs and national unity. Continous hegemony of countries natural resources and right of choosing government style, which also gains an economical aspect day by day, are also regarded as parts of right of self determination by United Nations. This righy is not limited and will not last after used once However, national unity and international consistency are regarded to have priority in all discussions related to self determination and this situation limited the usage of this right External self determination expresses right of choosing government style even including establishing an independent country.
It is freedom, in other words, to define future and national status of a society living on a certain landand sharing similar features and to have their own government and hegemony. According to the general opinion, right of self determination became international rule of use and wont.
It also suggested that this can be accepted as an international juscogen All individuals and groups living in a democratic country use their right to determine their own future by participating in government. Usage conditions of this right is determined in article th and 24 October dated decision of United Nations.
Festlegen der Standardcodierung für eine Symbiose Systeme.
Seperation request of different ethnic groups, who are not exposed to colonization, in multi national countries are not accepted in government laws. However,on same land, if a society is deprived of judicial bodies and right to vote and election, if governments fail to represent them, if that society is exposed to pressure, violence and discrimination, if people are slaughtered, if they are excluded from budget,if driven away from the government, if tried to be terminated both culturally and physically, then right of self determination is valid out of discussion.
And, as a result, they also gain right to take assistance from external forces. Clear application of discrimination, along with racial applications on a certain ethnicity, like in Bosnia, where people were tried to be terminated, right of self determination of this ethnic group is accepted. On this point,.
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Such a claims is nothing other than expression of a political view In the process of OSCE conference, in the first document of this process, Helsinki Final Act, under the headline of Declaration of principles it is stated that Due to the right of equality of people and right of self determination, all public groups are given right to determine their political status both internal and external, and without any external political interruption they have right to continue their political, economical, social and cultural developments.
In same principle, participant governments are requested to respect to this right by acting in accordance with the Aims and principles of Charter of United Nations and related international law about the unity of governments. In summit of OSCE in 21st November , 34 Presidents and Prime Ministers declared that with Paris Condition for a New Europe separations and conflict age has come to an end and new age of cooperation has began which stands on basic principles of human and governmental law and democracy.
Turkey also signed the Paris Condition. Finally, Turkey, accepted the pacts, known as Twin Pacts in 4th June according to law numbers and and these approved pacts come into operation after being broadcasted in official journal in 18th June Right of self determination gained an universal feature except from colonized publics with Pact of Cultural Law and Pact of Civil and Political Rights in which were prepared by United Nations and signed by Turkey.
Turkey placed 3 affirmance and 1 drawback for both pacts.
First affirmance which was added to both pacts is related to first self determination and takes place in first articles of Twin Pacts, states that Turkey s responsibilities from this pacts will be carried out according to the first and second articles of United Nations which define land unity and national security. The main source of the principle of right of self determination consists of 2nd and 3rd 28 clauses of 1st article of United Nations Condition 27 in terms of international law.
The principle, the way its in condition, is defined as the basis of peaceful relations between governments.
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Even before the condition of U- nited Nations, it was declared by word leaders such as President Wilson, Lenin and others, to direct the reformation of the world after World War The principle was also taken into hand in Atlantic Condition in and Dumbarton Oak Interview before it took its final position in United Nations Condition. The principle was accepted as a right in first paragraph of 1st article of International Pact of Civil Rights 30 and International Pact of Economic, Social and Cultural Rights which both came into operation in same year, Right of self determination which takes place in many international and local documents mentioned above, found chance to be approved by International Court in Nambia, West Sahra and East Timor 32 trials.
Before , according to most of the governments, right of self determination was the supporter of hegemony equivalence, land unity and independence in internal affairs of governm ents apart from the colonized people Today, same vision is still valid and governments take responsibility by signing international pacts. Before, only colonized people were able to make use of this right however, in late century, federated republic under the reign of United Soviet Socialist Republic declared their independence by making use of this right Term of self determination began to represent not only the colonized people but also the native people, however, international law placed some conditions to the usage of right of self determination by regarding worlds political and social facts as well.
Those countries who used to be independent but became dependent to another country by force have right to use this right. Conquests of countries before the prohibition of using force, are legal according to law. Baltic republics such as Estonia, Letonia and Litvania are examples to prior condition. Litvania and Estonia declared their independence in February 16 and 24 in Letonia declared its independence in November 18 in For twenty years these governments was governed independently but in U.
R forced them to accept Pact of Molotov-Ribbentrop and in they joined Russia. Ukraine and B elaru s 3 6 gained th e ir As Baltic republics were known for a long time, it made easier. Other countries which made use of Old Soviet fundamental law and declared their independence faced some trouble and these problems still continue today partially.
Continuously talking about Russian minorities in Ukraine and Kazakhstan, May events in separation of Azerbeijani and conflict between ruling and opposition party in Georgia are all effects of Russia.
Russia always regarded these countries as its hinterland. When these federated and independent countries are evaluated, the reaction to separation of Chechnya from Russia will be understood better. Right of self determination is not granted for minorities and groups but it is granted to countries who are under siege or colonized This doesn t mean that those countries who are not exposed to discrimination in terms of valid law in a country can make use of right of self determination United Nations regulated right of self determination in 1st article Pact of Civil and Political and Economical, Social ve Cultural Rights to stand against colonizing, with international documents.
This term defines that people can determine their political status freely and continue their economical, social and cultural process independently Gaining right of self determination for countries which can not govern themselves and under reign of another country is the main aim of Pact of United Nations and this makes United Nations responsible from colonized people however, this doesn t show that imprealist nations have valid responsibilities for their right of self determination who are under their reign Although it was suggested to place word freedom in relation passage of pact in San- Fransisco conference about nonautonomous countries, this was not accepted by imperialist countries and this right was only regarded appropriate to countries who are under the reign of another country.
Declaration of independences of Morocco in , Tunusia and Algeria in are based to this right by United Nations In United Nations agencies, ending self determination and colonism was always discussed and these topics were tried to specified in articles of Pacts. Application of United Nations resulted in that right of self determination is accepted as a rule.
In 14 December , right of self determination was granted to colonized people including right of establishing an independent government with th article of United Nations council In Declaration of assurance the independence of all colonized countries and people right of self determination was granted for all people however in 1st article, this right was limited only to colonized people by saying, people must be under foreign force, hegemony of colony.
In 6th article of declaration, it is stated that any attempt which violates national unity completely or partially is against the Pact of United Nations. On this point, whole people of colonized country can use right of self determination and borders of colonized country will be the borders of new established independent country.
General Councill proposed to hold a special committee of 17 members to grant applying the declaration without a delay in 27 November , in th article Economical right of self determination which is stated as the right to use own natural resources and use resources freely was regulated in 2nd article In th article of United Nations General Councill in 24 October , this right can be used if an independent nation is established, or integrated with another freely and if a political status is created according to free will of the people With this decision, in a multi national country, if all citizens are treated equally, if they have civil rights, if they get equal service from government and if there is no pressure on people, this represents national unity and there is no discrimination of rights.
If not, right of self determination is valid in all terms. In section of the declaration about The principle of equal rights and self determination of people all people have right to determine their own political status,continue their economical, social and cultural process with any external intervention. All government will work hard to end colonism and apply self determination immediately and United Nations will help them Pact of Organization of Africa Union also contributed much in determining this right and right of self determination became the most important aim of this organization.
According to member of this organization, right of self determination is always valid in any place and it accepts no exception and this right more privileges than prohibiton of using force, using peaceful ways to solve problem and right. Chechens who joined Alan Horde Union in AD 1st century, increased their population in middle an d n o r th C a u c a s ia in tim e 4 9. C au casia people gathered around the authority as tribes. People met in same government firstly in domain, khanate After Russia occupied Astrahan in , Chechnya- Russia relations began.
Russian troops reached Terek River in and Sunja River in but till it is seen that Russia couldn t go further ahead of Chechnya. But in and , after occupying of Daryal passage which connects south and north Caucasia, opening of military was of Georgia, establishment ofvladikavkaz city in and Russia increased its authority on Transcaucasia after occupying Georgia, invasion increased.
Between Tsardom regime went ahead using a systematic way. North Caucasia cities in that time, were established as castles of Russia borders and became military and commercial centers. In , when North Caucasia Republic was established, highlander people get together for war. In war ends with victory of Russia.
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They were forced to immigrate from their own country to Ottoman Empire by Russia. Despite this, Dagestan and Chechnya continuously rebelled and resisted. When monarchy in Russia came to an end in February and Bolsheviks became the rulers, independence movements in north Caucasia became more active and in 11th May , North Caucasia Republic was established.
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In , Declaration of Rights of Russian revolution was broadcasted and North Caucasia and Dagestan Union Central Committee was established and in second congres in September temporary fundamental law was approved. But troops of czar in North Caucasia attacked and occupied Chechnya in Though rebellion which started in the commandment of Sheikh Uzun Hadji in September ended in Febrauary succesfully, in March Bolshevik seized the control of Chechnya.
Anti Bolshevik rebellions in and enden with failure. In 5th December , according to Soviet Fundemental law, name of self governing territory became self governing republic. During World War II.
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German troops began on an assault to take the control of oil reserves of Grozni. In German Troops occupied some regions of Chechen-Ingus Republic but they couldn t enter Grozni and upon Stalingrad defeat, they immediately abandoned whole North Caucasia. Upon, with the decision of Moscov in 23rd February , people of Chechen-Ingus, Karacay and Balkar were decided to send on exile from North Caucasia. Hundred thousands of Chechen died on way and new settlements in poverty and starvation and illness.
After the death of Stalin in , Chechens were allowed to return their hometown. People mentioned about their independency requested from various republics Baltic Republics ahead, unions and republic which formed U.