How do you create a new country?

South Sudan, youngest country in the world, celebrates the 6th anniversary of its independence earlier this year. Image: Getty.

Within the space of a week this autumn, the people of Catalonia and Kurdistan will be asked if they want to live in an independent country. If these two referendums result in declarations of independence, what happens next? It may seem straightforward that Kurdistan, Catalonia, or even both would become the world’s newest countries. But it’s not that simple.

International law states that people have the right to determine their own destiny, including political status. Our right of self-determination is enshrined in the UN Charter, and clarified in the International Covenant on Civil and Political Rights. This could be taken as the right to have sovereign statehood recognised by the international community. However, it’s most often interpreted as the right of a population to determine how they are governed and who governs them. In other words, self-determination in today’s world most often pertains to choices within an existing country rather than as a path to new statehood.

This is partly because the laws on self-determination were mostly written during the period of decolonisation. That historical context cannot be ignored when interpreting their purpose. During that time, colonial powers were taking steps towards dismantling their empires. They had become expensive to maintain and political pressure was growing within the colonies themselves.

Creating a country

Another complicating factor in setting up a country is the fact that, for one territory to become a new state, another already existing sovereign state must lose some of its territory. That would violate the laws and norms of territorial integrity. These are some of the oldest and most steadfast rules underpinning the international system.

Recognition of a new state essentially means legally recognising the transfer of sovereignty over a territory from one authority to another. An international body, including the UN, cannot just take away territory without the permission of the original “host” state. To do so would be a violation of one of the defining rules of the system of states.

Kosovo, for example, declared independence from Serbia in 2008 but even to this day it doesn’t have sovereign statehood – despite more than half of the UN’s member states recognising its independence. This is largely because Serbia still claims sovereign control over the territory, although other factors are certainly also at play. In the same way, Iraq would have to relinquish sovereign control over territory in order for Kurdistan to become a state.

There are obvious competing and contradicting legal principles here. In at least one instance, these contradictions appear together within the same law. Indeed, what we find is that there is no clear legal path to obtaining sovereign statehood. There is also no legally established mechanism for who determines whether a territory becomes a sovereign state. So we have to look at previous examples to work out how it’s done.

The world’s most recent states are South Sudan, which was recognised in 2011, and East Timor, which was recognised in 2002. In the early 1990s, there was a wave of new states due to the collapse of the Soviet Union and the breakup of Yugoslavia. In 1993, Eritrea also became a state after a decades-long war with Ethiopia, which had annexed Eritrea in 1962. Prior to that, the world’s new states emerged out of the shifting or collapse of empires, most notable with the end of colonialism.

For East Timor and South Sudan, and in many ways Eritrea, statehood was part of attempts to resolve another problem: violent conflict. In all three cases, the host state (Indonesia for East Timor; Sudan for South Sudan; Ethiopia for Eritrea) agreed to relinquish control of the territory as part of negotiated peace agreements.

All of these new states obtained sovereignty after the disappearance of their former sovereign power, or with the permission of their former sovereign power. What they all have in common is that they became states in order to resolve some kind of problem, meaning there was some international benefit to their recognition. For the world’s newest states, their recognition was more of a political act than a legally defined process.


When is a state recognised as independent?

Although it’s not clearly laid out in law, a territory essentially becomes a sovereign state when its independence is recognised by the United Nations. As the largest and most inclusive multilateral organisation, its sanctioning of sovereign statehood makes sense.

But while procedures for admitting new members are clearly laid out in the Charter and in the rules of the UN, these rules pertain to new members that are already sovereign states. Yet again there is ambiguity in the process that aspiring states must go through in order to become sovereign.

Becoming an internationally recognised sovereign country is not a clear or straightforward process. In many ways, it is determined by power and the international political climate of the day. And a surprising number of entities exist as unrecognised states, many for decades, without recognition of sovereignty.

The ConversationIf Catalonia or Kurdistan declare their independence this autumn, they may get sovereign statehood if their host states agree. If not, though, they could choose to declare their independence, and to exist as an unrecognised state indefinitely.

Rebecca Richards is a lecturer in international relations at Keele University.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

“One of the greatest opportunities facing our region”: Andy Burnham on making work better for older people

Andy Burnham (then health secretary) and Gordon Brown (then prime minister) meeting an older voter in 2010. Image: Getty.

In the Greater Manchester Strategy, published by the Combined Authority in October, we set out our vision for Greater Manchester, including our ambitions for employment.

It’s not simply about getting more people into work – though this is important, given that our employment rate across the region is still below the national average. It’s also about improving the quality of work; creating better jobs with opportunities for people to progress and develop. That’s why we’re working towards a Good Employer Charter to encourage businesses across the region to step up.

But if we want to make a real difference for the people of Greater Manchester, we need to focus on those who currently struggle most to find a job, including people with disabilities, people with fewer qualifications – and older people.

One in three people aged between 50 and 64 in the Greater Manchester area are out of work. Adding in older workers on low pay, nearly half (46.3 per cent) of 50-64 year olds in Greater Manchester are either out of work or in low paid, low quality jobs. This is a bad situation at any age – in your 50s, with fewer chances to get back into work and less time to make up the shortfall in income and savings, it’s terrible.

It’s also bad for the region. People out of work are more likely to have or develop health problems, and need more care and support from our public services. We are also missing out on the skills and experience of thousands of residents. If Greater Manchester’s employment rate for 50-64 year olds matched the UK average, there would be 19,000 more people in work – earning, spending and paying into the local economy. GVA in the region could grow by £800m pa if we achieved this. 

If it’s bad now, it’s only going to get worse unless we act. This is the fastest growing age group among working age people in Greater Manchester. And with the rise in State Pension Age, we are no longer talking about 50-64 year olds, but 50-65, 66 and eventually 67. There are more older workers, and we are working for longer. Many of us are now expecting to work into our 70s to be able to earn enough for our later lives.


As the State Pension age rises, older people without decent work must struggle for longer without an income before they can draw their pension. But if we approach this right, we can improve people’s lives and benefit our local economy at the same time. It makes financial and social sense.

Older people bring a wealth of knowledge and experience to the workplace, but we must make sure we provide a work environment that enables them to flourish. If we can help them get into good quality, suitable work, older people will be able to retain their financial independence and continue contributing to the region’s economy.

A report published earlier this week by the Centre for Ageing Better looks at exactly this issue. Part of our strategic partnership with the Centre for Ageing Better, the report is based on research conducted over six months with older residents in five communities with high levels of economic disadvantage across Greater Manchester.

In Brinnington, Stockport, the team met Adrian, in his late 50s. Adrian is a trained electrician, but since being made redundant ten years ago, has only managed to get a few short-term contracts. These short term, zero hours contracts, are “more trouble than they’re worth” and have left Adrian stressed and worse-off financially.

He has been sent on a large number of employment-related courses by JobCentre Plus, and has a CV with two pages listing training he has completed. However, these courses were of little interest to him and did not relate to his aim of finding stable work as an electrician. He told the team he only attended most of the courses so he “doesn’t get in trouble”.

Adrian recognises there are other types of work available, but much of it is warehouse based and as he is not in the best physical health he does not feel this work is suitable. He said he has “given up” on finding work – even though he still has 8 or 9 years to go until State Pension age.

Adrian’s story shows how badly the system is failing people like him – highly skilled, in a trade that’s in high demand, but being put through the motions of support in ways that make no sense for him.

A major finding of the report was the high number of people in this age group who had both caring responsibilities and their own health problems. With the need to manage their own health, and the high cost of paying for care, people found that they were not better off in low paid work. Several people shared stories of the complexity of coming off income support to take up temporary work and how this left them worse off financially – in some cases in severe debt.

The report concludes that changes are needed at every level to tackle chronic worklessness amongst this age group. This is not something that employment and skills services alone can fix, although Adrian’s story shows they can be much better at dealing with people as individuals, and this is something we want to do more on in Greater Manchester. But the health and benefits systems need to work in sync with employment support, and this is a national as well as a local issue.

Employers too need to do more to support older workers and prevent them from falling out of the labour market in the first place. This means more flexible working arrangements to accommodate common challenges such as health issues or caring responsibilities, and ensuring recruitment and other processes don’t discriminate against this age group.  

Greater Manchester has been at the forefront of devolution and has been using its powers to bring together health, skills and employment support to improve the lives of local people. The Working Well programme is a perfect example of this, providing integrated and personalised support to over 18,000 people, and delivering fantastic outcomes and value for money.

Such an approach could clearly be expanded even further to include the needs of older people. Ageing Better’s report shows that more can and needs to be done, and we will use their insights as we prepare our age-friendly strategy for Greater Manchester

We have to act now. In 20 years’ time, over a third of the population of Greater Manchester will be over 50. Making work better for all of us as we age is one of the greatest economic and social opportunities facing our city region.

Andy Burnham is the mayor of Greater Manchester.

For more about the work of Greater Manchester Combined Authority and its Ageing Hub, click here.