Between Legal Assertions and Utopian Aspirations
Edited by Peter Hilpold
Chapter 5: The referendum as an instrument for decision-making in autonomy-related situations
Markku Suksi examines the use of the referendum in the context of autonomy against the background of national and international jurisprudence concerning self-determination referendums and the categories of self-determination established in the 1970 Friendly Relations Declaration. The permissibility of the referendum in such contexts is not to be doubted, but constraints are still placed for situations where such a referendum would threaten the sovereignty and territorial integrity of the state to which the territory belongs. Most referendums are held within the category of ‘any other political status’, that is, about the issue of whether or not to continue as an autonomous entity within the state, while outright independence referendums are in a clear minority (although their high profile nature tends to overshadow other self-determination referendums). Most states engaging in self-determination referendums concerning autonomous entities offer independence as an option, but independence often receives little support, and even in many actual independence referendums, such as those of Quebec and Scotland, the vote does not result in support for independence, but for continued sub-state existence. Therefore, it seems that secessionists have hijacked the self-determination issue and succeeded in sidelining all other facets of the issue.
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