Definition

Self-Determination is the authority of people to govern their own affairs without interference.

Discussion

Overview

The secession of the American colonies from the British Empire during the late 1700s was due to the will for self-determination.

The Canton of Jura in Switzerland is an example of peaceful self-determination. Switzerland is a federation made up of Cantons. In 1979 the Canton of Bern was split into two, with the creation of what is since that time the Canton of Jura.

In International Law

Article 1.2 of the Charter of the United Nations (1949) notes that one of the United Nation’s purposes is “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”.

Implementation

Liechtenstein

Article 4 of Liechtenstein’s constitution reads:

Changes in the boundaries of the territory of the State may only be made by a law. Boundary changes between communes and the union of existing ones also require a majority decision of the citizens residing there who are entitled to vote.
Individual communes have the right to secede from the State. A decision to initiate the secession procedure shall be taken by a majority of the citizens residing there who are entitled to vote. Secession shall be regulated by a law or, as the case may be, a treaty. In the latter event, a second ballot shall be held in the commune after the negotiations have been completed.

Jura and Bern

Switzerland’s constitution provided no express procedure for self-determination. Accordingly, a referendum was held to change the constitution to allow for the people of Jura this opportunity.

Following the referendum, three plebiscites confirmed the people’s will for self-determination to be a separate canton from Bern.

The first plebiscite asked voters in the now area of Jura whether they wished to be recognized under law as a new canton.
While a majority voted in favor, a majority of three administrative districts voted against self-determination.
A second plebiscite asked the voters of those three districts if they wished to remain in the Canton of Bern, to which a majority voted yes.
The final plebiscite asked voters in the bordering municipalities whether they want to be part of Jura or Bern. This third plebiscite defined the exact border between the two cantons.

🗳️ Self-Determination