Professor Henry Srebrnik

Professor Henry Srebrnik

Tuesday, March 09, 2010

Inuit Have Become Self-Ruling Body

Henry Srebrnik, [Summerside, PEI] Journal-Pioneer

There are a number of jurisdictions in the world that are, to all intents and purposes, virtually self-governing, even when embedded in larger countries. Often these are the preserve of ethnic groups.

In the Arctic regions of the world, inhabited mainly by various Inuit peoples, there are two such entities, Nunavut and Greenland.

Nunavut, carved out of the Northwest Territories of Canada on April 1, 1999, while not technically an ethnic entity, has many features similar to such polities, as it is recognized as an Inuit homeland. The word means “Our Land” in Inuktitut.

Of the 32,000 residents in the huge territory, which has an area of 2,093,190 square kilometres, more than 90 percent are ethnically Inuit.

Inuinnaqtun and Inuktitut are official languages in Nunavut and about 70 percent of the population speak Inuktitut.

On July 9, 1993, the Nunavut Land Claims Agreement Act and the Nunavut Act were passed by Parliament, and led to the formation of the new territory six years later. The Land Claims Agreement was the largest Aboriginal land claim settlement in Canadian history.

The agreement gave title to the Inuit of lands measuring about 350,000 square kilometres, of which about 35,000 square kilometres include mineral rights.

It also specified that the number of Inuit employed in the public service be directly proportional to the number of Inuit in Nunavut society.

To make it clear that this is an Inuit jurisdiction, many place names have been changed – for example, Iqaluit, the capital, was once called Frobisher Bay.

Across the Davis Strait and Baffin Bay from Nunavut lies Greenland, the world’s largest island, with an area of 2,166,086 square kilometres. Of its population of 58,000 people, some 88 percent are Inuit, and their name for the country is Kalaallit Nunaat, “Land of the People.”

First a Norwegian, and later a Danish colony, Greenland became an equal part of the Kingdom of Denmark in 1953. It was granted home rule by Denmark on May 1, 1979.

On June 21, 2009, Greenland assumed responsibility for judicial affairs, policing, and natural resources. Greenlanders were recognized as a separate people under international law, as a step towards eventual full independence. Copenhagen now controls mainly foreign affairs and defense.

Greenlandic, spoken by almost all the inhabitants of the island, is closely related to Inuktitut. The main dialect, Kalaallisut, also known as East Inuit or West Greenlandic, has been the official language since June 2009.

In these two jurisdictions, Inuit peoples have now gained self-rule and control over their own institutions. While these territories are not, and may never be, economically self-sufficient, creating Inuit homelands has provided the residents of this harsh northern region “a place of their own.”

This is something that cannot be measured by economic criteria alone – or at least half the countries in the world would have to give up their independence.

Tuesday, March 02, 2010

Look Around at the De Facto States by "Stealth"

Henry Srebrnik, [Charlottetown, PEI] Guardian

Students of political science are aware of the term de facto states. These are places that have declared themselves independent countries, usually through secession from existing states.

A number of such polities immediately comes to mind: Abkhazia, Somaliland, South Ossetia, Transnistria, and the Turkish Republic of Northern Cyprus, among others.

They satisfy the standard criteria for statehood set out by the Montevideo Convention of 1933: a permanent population, a defined territory, and a government that can discharge international obligations and enter into relations with other states.

Yet, for various reasons, they have not been accorded diplomatic recognition by most countries in the international community.

There are also a number of jurisdictions that are, to all intents and purposes, almost as independent, but for one reason or another, prefer not to make that position explicit and do not seek diplomatic recognition – at least not now. They are, so to speak, virtual states within larger countries. Canadians are already familiar with one: Quebec. This province has all the attributes of nationhood: a national assembly, a flag, defined borders, taxation capacity, and a major measure of control over culture, language, immigration, pensions, and many other areas of governance.

Quebec even has a presence in international bodies such as UNESCO and la Francophonie, the organization of French-speaking countries.

Though the Meech Lake and Charlottetown Accords failed to insert this “distinct society” status into the Constitution, even Liberal premiers of the province act as though Quebec is, to a large degree, sovereign. Indeed, the federal government has recognized the Québécois as a nation.

So why bother to separate?

The same status holds true for Canada’s aboriginal peoples. First Nation reserves have their own rules, traditions, and police forces. They also benefit from fiscal privileges granted to reserve residents.

Canada’s Charter of Rights and Freedom does not apply to them. Section 25 states: “The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal people of Canada.”

And Section 35 (1) of the Constitution makes it clear that “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”

The Mohawk Council of Kahnawake, near Montreal, for that reason is able to evict non-Mohawks from the reserve. It is in effect a de facto polity.

There are other such entities in the world, including Tatarstan in the Russian Federation, and Flanders and Wallonia in Belgium.

The Russian Federation, successor state to much of the old Soviet Union, includes, apart from the ordinary administrative subdivisions known as provinces, 21 ethnic republics, which have inherited special rights. They maintain state symbols such as constitutions, flags, and national anthems and have the power to determine their own political institutions.

Two Muslim-majority republics, Chechnya and Tatarstan, in particular have asserted their right to full sovereignty following the dissolution of the USSR. But while the Chechens became embroiled in war with Moscow, the Tatarstan leadership gained much of what they desired without open conflict.

Oil-rich and heavily industrialized, Tatarstan in the 1990s worked out an arrangement with Moscow, formalized by treaty, in which the 3.8 million inhabitants of the republic were acknowledged as having a “special relationship” with the federal government.

“The Republic of Tatarstan,” states its constitution, “is a democratic constitutional State associated with the Russian Federation by the Constitution of the Russian Federation, the Constitution of the Republic of Tatarstan and the Treaty between the Russian Federation and the Republic of Tatarstan.”

Tatarstan’s government considers this to have been a recognition by Russia of the republic’s sovereignty in cultural and economic spheres. The official language is Tatar, though Russian is also in use.

Belgium today is largely a fiction. It really consists of two separate unilingual entities, Dutch-speaking Flanders, with six million people, and French-speaking Wallonia, comprising 3.4 million. (There is also a small German-language zone.)

The national capital, Brussels, with more than one million people, is a francophone-majority enclave within the Flemish zone.

Most political power has since the 1970s devolved to the autonomous language communities, while the central government has been almost completely “emptied” of any meaningful political power.

The Flemings and Walloons have their own identities, flags, and assemblies. Not only matters such as education and culture, but even competencies related to territory, such as economic policy, environmental concerns, public works, housing and agriculture, are now in the hands of the linguistic regions.

So Belgium no longer has any national parties: even those that operate across linguistic divisions in both parts of the country – the Christian Democrats, Liberals, and Socialists -- function as separate unilingual Dutch or French-language organizations.

Brussels may be the headquarters of the European Union, but it’s no longer really the capital of Belgium – a state that has effectively ceased to exist. So there is no need for an acrimonious breakup.

Sovereignty, in a globalized and interdependent world, is clearly no longer an all-or-nothing proposition. Quebec, many Canadian reserves, Tatarstan, Flanders, and Wallonia are, to coin a term, de facto states by stealth.