THE RIGHT TO SELF-DETERMINATION brought to you by FRANCO FERNANDES

1) - Goa was administrated by Portugal since 1510;

2) - At zero hour, 18th December, 1961 nearly 50.000 Indian troops supported by heavy artillery, air force and naval units Invaded the Portuguese territories of Goa, Damão and Diu, known as the Portuguese State of India.

The Charter of the United Nations, particularly its Article 2(3) and 2(4) are clear: 2(3) "All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered". 2(4) "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purpose of the United Nations".

The purposes of the United Nations are laid down in article 1 of the Charter:

1. To maintain International Peace and Security, and to that end: take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international disputes or situation which might lead to a breach of the peace;

2. 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;

3. To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinctions as to race, sex, language, or religion;

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

The United Nations has its concept of colonialism.

According to this concept, the essence of colonialsm are geographical separation and racial and/or cultural differentiation, as stated in Resolution 1541(XV) of the 15th of December, 1960. On the basis of this Resolution, the United nations approved another on the same date – Resolution 1542 (XV) – giving a list of "territories under Portuguese Administration. "Goa and its dependencies, called the " Portuguese State of India" is expressly mentioned in the list". In these circumstances, let us start our argument from the position stated in Resolution 1542 (XV), viz, that the State of India was a colony of Portugal and let us analyse the situation in Goa, Damão and Diu, in the light of the anti-colonial resolutions of the General Assembly.

The first resolution to consider is 1514 (XV) entitled "Declaration on the granting of independence to colonial countries and peoples", also called the Magna Carta of freedom for colonial peoples. Operative paragraph 2 of this Resolution says: "ALL PEOPLES HAVE THE RIGHT TO SELF DETERMINATION; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development". The Indian Union has not only subjugated the people of Goa, Damão and Diu by violent means, not only does it continue to deny them the right of self-determination, but is actually forcing on them political, economic, social and cultural institutions which are entirely alien to their tradition.

Resolution 1541 (XV) has laid down the principles which the United Nations should follow in respect of territories called colonial. PRINCIPLE VI MENTIONS ONLY THREE WAYS, IN ANY ONE OF WHICH "A NON-SELF GOVERNING TERRITORY CAN BE SAID TO HAVE REACHED A FULL MEASURE OF-SELF GOVERNMENT",  namely:

a) EMERGENCE AS A SOVEREIGN INDEPENDENT STATE;

b) FREE ASSOCIATION WITH AN INDEPENDENT STATE;

c) INTEGRATION WITH AN INDEPENDENT STATE;

Obviously, alternatives (a) and (b) are both inapplicable to the case of Goa, Damão and Diu: these have neither emerged as independent States nor have they freely associated themselves with an independent State, SINCE THEIR CHANGE OF STATUS HAS BEEN BROUGHT ABOUT BY FORCE.

Only the third alternative remains, therefore, to be considered: integration with an independent State. First of all, no reason can be found why integration with the Indian Union should be regarded as of a higher order of values than integration with Portugal, particularly when it is remembered that the territories in question had been integrated with Portugal, an independent State, for over four centuries before the Indian Union herself emerged as an independent State.

But Resolution 1541 (XV) also specifies the circumstances in which such integration should come about. In this connection Principle IX says:

(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its people would have the capacity to make a responsible choice through informed and democratic processes;

(b) THE INTEGRATION SHOULD BE THE RESULT OF THE FREELY EXPRESSED WISHES OF THE TERRITORY'S PEOPLES ACTING WITH FULL KNOWLEDGE OF THE CHANGE IN THEIR STATUS, AND THEIRS WISHES HAVING BEEN EXPRESSED THROUGH INFORMED AND DEMOCRATIC PROCESSES, IMPARTIALLY CONDUCTED AND BASED ON UNIVERSAL ADULT SUFFRAGE. THE UNITED NATIONS COULD, WHEN IT DEEMS NECESSARY, SUPERWISE THESE PROCESSES.

Is it all possible to reconcile this Principle with the violent annexation of Goa, Damão and Diu by the Indian Union ? So flagrant is the violation of the General Assembly Resolutions committed by the Indian Government that Mr. Nehru’s representative in the Security Council, after saying "Charter or no Charter, Council or no Council" might have added "Resolutions or no Resolutions". For the Indian Union not only violated the Charter and defied the Security Council but infringed the very anti colonialist resolutions of the General assembly, which it had itself subscribed.

IS THE STATE OF INDIA (GOA, DAMAO AND DIU) INDIAN ?

It has not escaped the Indian Government to seek to sow confusion in the minds of foreigners by playing on words. How can the State of India be Portuguese ? It is situated in India; therefore, it must be Indian. The Indian Representative did not forget to repeat in the Security Council this played-out symptoms of Indian propaganda.

Let us get our ideas clear.

India is the whole sub-continent which includes, besides the Indian Union, Pakistan, Bangladesh, Nepal, Bhutan, Portuguese State of India, Sikkim (also annexed by Indian Union), Myanmar (Burma), Sri Lanka (Ceylon), etc. The Indian Union is not the whole of India and cannot legitimately claim any territory in the sub-continent other than the part of British India attributed to her by the relevant Act of the British Parliament in 1947. The Indian Union took the name of "India that is Bharat", when she came into being in 1947, and has since been called India for shortness sake only. It flatters the imperialistic dream of the Indian that she be called so, for it is the ambition of New Delhi to make its empire co-extensive with the whole sub-continent. New Delhi cannot reconcile itself with the fact that its territory is only a part of India. Hence, it plays on the world "India" to create the impression that the entire sub-continent is its lebensraum. This is a gross falsehood. Historically, the sub continent has never at any time been under a single rule. When the Portuguese reached Goa in 1510, there were no fewer than 11 kingdoms in the Indian Peninsula, only two of which were Hindu Kingdoms. There arose later the Mughal Empire, the Maratha Empire, the British Indian Empire. But the Portuguese State of India was there all that time. British India broke up in 1947 into the Indian Union and Pakistan (West and East), proving once again that there was no such reality as a single Indian nation.

In brief, the Portuguese State of India existed as a political entity in the Indian sub-continent over two centuries before British India came into being and over four centuries before the independent State of Indian Union or "India that is Bharat" was born as a part successor to British India, which was itself a part of India. It is worth repeating: the modern state called India for shortness’ sake must not be confused with the sub-continent of India. The latter also includes territories which are under legitimate sovereignties. The Portuguese State of India is one of those territories. The Indian Government officially recognized Goa, Damão and Diu as foreign territories by maintaining a Consul General there for no fewer than 8 years after the independence.

If it is alleged that Goa, Damão and Diu must belong to the Indian Union by reason of geographical contiguity, then it must be agreed that, for equally good reason, Alaska must belong to Canada, the tree Guianas to Brazil, the Andaman and Nicobar islands to Indonesia, etc, quite independently of the history and traditions of the respective populations and even again their will. This would be an enormity. But the Indian Union has already perpetrated it in Goa, Damão and Diu.

Resolution 1541 (XV) also mentions racial and/or cultural differentiation. Undoubtedly, the people of Goa, Damão and Diu belong somatically to the Indian sub-continent. So do the Pakistanis and the people of Nepal, Sikkim and Bhutan. But their traditions and cultural heritage are certainly not the same as those of the Indian Union. Mr. Nehru himself publicly recognized this fact on a number of occasions and most explicitly on June 4, 1956 when he said:

"…if and when the Portuguese go and the people of Goa deliberately wish to retain their separate identity, I am not going to bring them by force or compulsion or coercion into the Indian Union".

And again:

"I merely say that my national interest involves the removal of the Portuguese from Goa, not coercion being used in bringing about the union with India…that is matter ultimately for the people of Goa to decide"

And concluded:

"I want to make it perfectly clear that I have no desire to coerce Goa to join India against the wishes of the people of Goa…but the point is that we feel that Goa’s individuality should remain and that whenever the times comes for any changes, internal or others, it will be for the people of Goa acting freely to decide upon them".

But Mr. Nehru went back on his word. His imperialism betrayed itself and him. Will the present Indian Government make amends for his misconduct ?

Or will it seek to retain the ill-gotten territories by continued use of force against the helpless local populations ?

For, neither geography nor racial and/or cultural differentiation can justify annexation of the territories by the Indian Union, by force of arms and without consulting the respective populations.

One agree that the Goans never have the opportunity to decide about their future. The Indian Union used force and annexed Goa, Damao and Diu!

We Goans have the right to demand THE RIGHT TO SELF-DETERMINATION with a free expressed referendum as happen in East Timor.

Viva Goa! - By Francisco Monteiro Lisboa - Portugal