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![]() ![]() Endotes1.html 1 Some writers use the term 'non-settlement' rather than 'exploitation' colonies. The term 'non-settlement colonies' seems to be somewhat misleading, as all forms of colonialism involve settlement. Therefore, this report will use the term 'exploitation' colonies'.
2 Interestingly, these 'settlement colonies' have never been recognized as colonies within international fora, such as the League of Nations and the United Nations. Within non-governmental fora, on the other hand, the permanent
settlement of 'foreigners' has clearly been recognized as a form of colonialism. E.g. the Preamble of the Resolution on Imperialism and Colonialism which was adopted at the non-governmental All Africa Peoples' Conference in
Accra in 1958 reads:
4 The most well-known example of this type of colony is Australia. 5 See Huttenback, Racism and Empire, White Settlers and Colored Immigrants in the British Self-Governing Colonies, 1830 - 1910, (Ithaca, NY: Cornell University Press 1976), Introduction. 6 As land ownership was an unfamiliar concept in most native societies, the term 'expropriation' is rather problematic. 7 In the case of South Africa, the situation was radically different. In spite of heavy oppression, the black majority continued to challenge the 'alien rule' imposed by Dutch and British settlers. 8 In a number of non-settlement colonies, such as Angola, territorial possession did start to play a role of primary importance. 9 As military conquest is a national rather than a private act, it is not surprising that most colonial conquests coincided with the age of European imperialism. 10 In most cases this process started around the turn of the century, when evolutionist theories on stages of 'development' started to gain ground. 11 See Henri Grimal, Decolonization: the British, French, Dutch and Belgian Empires, 1919-1963, (London: Routledge and Kegan Paul, 1965), p. 323. 12 See Mc Williams and Piotrowski, The World Since 1945, A History of International Relations (Boulder: Lynne Rienner Publishers, 1993), p.130. 13 See Virginia Thompson and Richanrd Adloff, The French Pacific Islands, (Los Angeles: University of California Press,1971), p. 325. 14 I.e. French/Polynesians or French/Melanesians. 15 The pro-independence demonstrations in Tahiti during the French nuclear testing in the Pacific in 1995 constituted an example in this respect. 16 See R.J. Horvath, 'A Definition of Colonialism', in Current Anthropology, vol.13, no 1, February 1972, p.47. 17 T.R. Adam, Modern Colonialism: institutions and Policies, (New York: Doubleday and Company, 1955), p. 3. 18 See R. Strausz-Hupe and H. W. Hazard, eds., The Idea of Colonialism, (Foreign Policy Research Institute, University of Pennsylvania, 1958), p. 11. 19 See M. Doyle, Empires, (Ithaka University press), quoted in E. Said, Culture and Imperialism, (London: Chatto and Windus, 1993), p.8. 20 See E. Said, Culture and Imperialism, (Chatto and Windus, London 1993), p.8. 21 See L. C. Buchheit, Secession, the Legitimacy of Selfdetermination (Yale University Press, 1978), p.18. 22 This geographic definition represent the so-called 'salt water orthodoxy'. 23 See R. Strausz-Hupe and H. W. Hazard, The Idea of Colonialism, (Foreign Policy Research, University of Pennsylvania, 1958), p. 7. 24 See L. C. Buchheit, Secession, the `Legitimacy of Self-determination, (Yale University Press, 1978), p.18. 25 Some writers use the term 'blue water colonies' instead of 'salt water colonies'. 26 This conclusion is supported by the fact that the view which article 22 expresses on the destiny of South West Africa has proved to be untenable. The fact that Namibia, in spite of its contiguity to its Administrating State South Africa, has never been considered part of South Africa and has even been referred to as a colony of South Africa provides strong evidence to the irrelevance of the 'salt water' doctrine under international law. 27 The legal successor to article 22 of the Covnant is article 77, UN Charter. This article merely states that 'it will be a matter for subsequent agreement as to which territories (...) will be brought under the trustship system and under what conditions.' 28 A/Res/567 (VI) and A/Res/1541 (XV) 29 These ethnic and cultural factors are enumerated under consideration no 4 of the Annex of resolution 567. 30 This term is used in Chapter 11 of the UN Charter and refers to a certain category of colonies, which were only gradually recognized as posessing the right to decolonization. 31 Part 2, annex UN General Assembly Resolution 567. 32 See B. Driessen, A Concept of Nation, (The Hague, T.M.A. Asser Institute, 1994), p. 90. 33 See Hans Kohn, 'Reflections on Colonialism', in R. Strausz-Hupe and H. W. Hazard, eds., p. 2. 34 Article 73, UN Charter. 35 Yassin El-Ayouti, The United Nations and Decolonization: The role of Afro Asia, (The Hague, Martinus Nijhoff), p. 39. 36 UN Charter, Art. 76. 37 UN Charter, Art. 73(b). 38 I.e. adequate political participation and representation in the local and central government. 39 To a certain extent, this observation ties in with the development in the legal doctrines on the recognition of states, in which the 'declaratory theory' has gained ground at the expense of the 'constitutive theory'. 40 See McWilliams and Piotrowski, The World since 1945, Lynne `rinenner Publishers, Boulder (Colorado), 1993, p. 136. 41 See Art.73 of the UN Charter. 42 Article 73 (e) reads: '[Members of the United Nations undertake ] to transmit regularly to the Secretary General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other thn those territories to which Chapter XII and XIII apply.' 43 U.N. Doc., A/AC/100/1, 1969, p.43. 44 Important though the external pressure of the UN was, it was not until the dictatorship of Salazar was overthrown, that Portugal started to take steps towards granting independence to its African colonies. 45 A/Res/1514 (XV) and A/Res/1541 (XV) 46 A/Res/1514 (XV), Par. 5; in fact a number of colonies which had never been listed as Trust or NSG Territorires had already attained independence by 1960. E.g. India/Pakistan, the Phillipines, Indonesia, Burma, Ceylon, Libya and Sudan. 47 See Res. 1514, Par. 1; NB This phrase has been taken from the Bandung Declaration of 1955. See Asian-African Conference, Publications division, Ministry of Information and Broadcasting, (New Delhi, Government of India Press, 1955), p. 29-33. 48 UN General Assembly Resolution 1654, November 1961. 49 The Trusteeship Council had already been granted this power in Art. 87. 50 UN Charter, Art. 73. 51 See also section 2.2 on the Salt Water Doctrine. 52 The list of territories to which the Declaration is applicable according to the Committee of 24 is: New Caledonia (France), Tokelau (New Zealand), East Timor (Portugal), Western Sahara (Spain), Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos Islands (United Kingdom), American Samoa, Guam, United Staes Virgin Islands (United States). 53 See UN General Assembly Resolutin A/RES/4/47. 54 See UN General Assmbly Resolution A/Res/4/47. 55 A/Res/50/39 (1995) 56 Asian-African Conference, p. 29-33. 57 Quoted in G. McTurnan Kahin, The Asian-African Confernce, (Ithaca, NY, Cornell University Press, 1956), p. 19. 58 See R. Strausz-Hupe and H. W. Hazard, The Idea of Colonialism, (Foreign Policy Research Institute, University of Pennsylvania, 1958) 59 This observation is supported by the fact that Prince Norodom Sihanouk of Cambodia and Prince Wan Waithayakon, Foreign Minsiter of Thailand, expressed concerns at Chinese 'infiltration' and 'subversion' in Cambodia, Thailand and Laos, thus undermining their independence and sovereign integrity. 60 Preamble of the Constitution of the People's Reublic of China, 1982. 61 Final Communique of the 1995 Cartagena Conference of the Non-Alligned Movement, p.59. 62 The best-known example is Australia. 63 E.g. Tunesia and Marocco. 64 E.g. Hong Kong. 65 John D. Hargreaves, Decolonization in Africa (Addison Wesley, Longman, London,1988), p. 20. 66 Lord Lloyd, Egypt Since Cromer, 1933, p.5. 67 Quoted in Grimal, Decolonization: the British, French, Dutch and Belgian Empires 1919 - 1963, Routledge and Kean Paul, London 1965, p 293. 68 Some colonized islands constitute an exception to this basic characteristic of colonialism, but this is not true for all colonized islands or groups of islands. The case of Indonesia contitutes a clear example in this respect. Before the islands which make up today's Indonesia were colonized by the Dutch, Indonesia as such did not exist as one national entity. 69 Rupert Emerson, From Empire to Nation: the right to self determination of Asian and African peoples (Cambridge, MA: Harvard University Press, 1960) p. 60. 70 According to this principle, the exercise of self-determination has to respect colonial borders. Once a colony has been decolonized, its inherited an often articficial borders are fixed. 71 See Art. 73, UN Charter. 72 See Art. 22 of the Covenant of the Lague of Nations. 73 See A. Sarraut, Grandeur et servitude coloniale, pp.59, 111, 112. 74 See Art. 22(1) and 22(2) of the Covenant of the Leage of Nations. 75 The Dutch in Indonesia e.g. did not try to introduce Dutch as the national language, but stimulated the use of Malay as the local 'lingua franca'. 76 See Rupert Emerson, p. 136. 77 See B. Anderson, Imagined Communities (London: Verso 1993), p. 115. 78 Interestingly enough it was often this élite which was at the forefront of decolonization movements, familiarized as they were with the great ideals of western political philosophy. 79 Merignhac, Precis de legislation et d'economie coloniales, quoted in Grimal, Decolonization: the British, French, Dutch and Belgian Empires 1919-1963, Routledge and Kegan Paul, London, 1965, p. 2. 80 Bevin quoted in Hargreaves, p. 104. 81 See Art. 82 and 83 of the UN Charter. 82 E.g. the pro-independence demonstration in the Congo in January 1959 was initially described by the Belgian government as a riot by 'idlers' and 'unemployed'. See Grimal, Decolonization: the British, French Dutch, and Belgian Empires 1919-1963, Routledge and Kegan Paul, London 1965, , p. 335. 83 See UN Charter, Art. 73. 84 See The Last Great Imperial Adventures, Patrick French, Flamingo, London 1995, p.105. 84 I.e. before it gained independence in 1990.
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