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Unformatted text preview: nation extend to a unilateral right of secession? A: No. A distinction should be made between the right of internal and external self‐determination. The recognized sources of international law establish that the right to self‐determination of a people is normally fulfilled through internal self‐ determination – a people’s pursuit of its political, economic, social and cultural development within the framework of an existing State. A right to external self‐determination arises in only the most extreme cases and, even then, under carefully defined circumstances. External self‐determination can be defined as the establishment of a sovereign and independent State, the free association or integration with an independent State or the emergence into any other political status freely determined by a people which constitute modes of implementing the right of self‐determination by that people.(Province of North Cotabato v. The Government of the Republic of the Philippines, G.R. No. 183591, Oct. 14, 2008) Q: Does the right to self determination extend to the indigenous peoples? A: Yes. Indigenous peoples situated within States do not have a general right to independence or secession from those states under international law, but they do have the right amounting to the right to internal self‐determination. Such right is recognized by the UN General Assembly by adopting the United Nations Declaration on the rights of Indigenous Peoples (UNDRIP). (Province of North Cotabato v. The Government of the Republic of the Philippines, G.R. No. 183591, Oct. 14, 2008) Q: Do the obligations enumerated in the UN DRIP strictly require the Republic of the Philippines to grant the Bangsamoro people, through the BJE, the particular rights and powers provided for in the MOA_AD? A: No. The UN DRIP, while upholding the right of indigenous peoples to autonomy, does not obligate States to grant indigenous peoples the near independent status of an associated state. There is no requirement...
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This document was uploaded on 03/12/2014.

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