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Sheep that have no shepherd: the case of Faroe Islands
ОглавлениеAnastasia Ganina, 2nd year student of the faculty of Management and economics, Institute of World Civilizations, Moscow
Abstract: The article gives an analysis of the reasons for the formation of the autonomy of the Faroe Islands in Denmark, its legal status, the system of state bodies at the level of autonomy and their powers, the mechanisms of interaction between the autonomy and central authorities of Denmark, financing, the basis of autonomy and guarantees for its development.
Introduction
Almost every European country in the early 20th century faced the problem of separatist movements in their territories. However, the types of separatism were different and manifested in different ways. Thus, modern EU member countries such as France, Britain, Belgium and Portugal have the experience of separating colonies from their territories. USSR member countries began the exit process from the Union of Republics, and Slovenia withdrew from Yugoslavia in the early nineties of the twentieth century.
As before, the tendency of the existence and functioning of separatist movements, organizations, political parties remain in Europe. Their activity can be observed in Ukraine, Spain, France, Poland and Denmark. So, this article will focus on the phenomenon of separatism on the example of the last country in the mentioned list – Denmark.
The causes of the emergence of centrifugal tendencies in different states base on various factors: economic, ethnic, political etc. Scientific interest is reflected in the following questions: is there a direct link between the structure of Denmark and the emergence of separatist sentiments? Why are the separatist movements dominating the Faroe Islands? What are the causes of separatism?
Separatism in Denmark
The secessionist form of separatism aims at the creation of its own statehood (e.g. Northern Ireland in the UK); the ultimate goal of irredentism is joining another state (e.g. Hungarians in Romania). Enosis is a movement for reunification with a historical homeland (e.g. the Greek Cypriot movement for the unification of Cyprus with Greece in the seventies of the 20th century). Devolution is a movement in which regions inside the state require and receive political power and increasing autonomy from the central government (e.g. Kaliningrad Region of the Russian Federation).
D. Gordon in the book “Secession, State, and Liberty” [3] highlights the main factors that are decisive in the process of the emergence of a secessionist form of separatism in his opinion.
The author believes that secession is possible if:
– there is an economically depressed class in a certain part of the state;
– the union breaks up and the goal for which it was created is not achieved;
– most represent a mortal threat to the minority and the government is not able to protect the corresponding territory;
– people demand the right to self-determination: when the minority tries to preserve their own culture and the language from assimilation;
– the group tries to eliminate the past injustice in the event of conquest;
– there is a “rescue” from discriminatory redistribution (that is, from tax schemes, regulatory policies, economic programs, redirect resources to other territories, especially in a non-democratic way);
– the state is too large for effective management of the territories;
– The goal is to preserve “liberal purity” – the state provides an opportunity for less or more liberal regions to secede.
The population of the Faroe Islands falls on VII – VIII centuries during the campaigns of the Norwegian Vikings. The Faroe Islands had an independent parliament (Lögting), which enjoyed considerable independence in dealing with internal issues, despite the fact that the country became part of the Norwegian kingdom in 1035.
After the conclusion of the union between Denmark and Norway in 1380, the Faroe Islands became part of the United States [1]. According to the results of the Anglo-Danish war of 1807—1814, Danish-Norwegian union was dissolved. Despite this fact, the Faroe Islands, as a former part of Norway, remained part of Denmark in the form of an ordinary district [2].
According to the Danish Constitution of 1850, the Faroese Lögting owned the status of a provincial council without legislative competence, although with the right to submit legislative proposals to the Danish parliament. Despite this status, it became a form of expressing political positions by the Faroese. In connection with the spread of national movements of mainland Denmark, the Faroes launched a campaign to raise their status, which can be safely call the manifestation of the secessionist form of separatism. The “Party of self-government” formed in 1906. It originally intended to protect the Faroese language. Then it moved to the requirement of granting autonomy to the islands. Other political parties formed on the Faeroes also advocated an autonomous regime.
The strategic position of the Faroe Islands in the Mid-Atlantic had a significant impact on their fate during the Second World War. Britain in April 1940 occupied the archipelago in order to prevent the Faroe Islands from becoming the base of the German. Despite the formal occupation, the authorities of the Faroe Islands received considerable independence. The existing flotation as the administrative organ of the Faroe Islands in May 1941 entrusted legislative powers to the constitution itself. The Faroe Islands received their flag, which was placed on merchant ships registered on the Faroe Islands. It should be noted that the British presence was quite high on the territory of the Faroes as an alternative to the German occupation, and during this period the organizational foundations of separatism were actually laid [4].
The British occupation of the Faroe Islands ended in September 1945. The islands returned to the status of the county of Denmark. This caused considerable discontent among the population. As a result of numerous discussions with the consent of the Government of Denmark in 1946, there was a consultative survey (the Faroese parliament was not obliged to be guided by its results) among the inhabitants of the archipelago declaring full state independence of the Faroe Islands. With a slight margin of 161 votes (48.7% against 47.2%), the advantage was gained by supporters of the independence. According to the results of the poll, by 12 votes to 11, Lögting announced the withdrawal of the islands from Denmark. At the same time, the third largest island of the archipelago, Suduroy, announced that it remains part of Denmark.
Over the time, due to the incomplete legitimacy of this decision, which was not taken by the absolute majority, the King of Denmark dissolved the Faroese Parliament, and the majority of the new Lögting staff opposed the separation from Denmark. The parliamentary delegation of the Faroe Islands was invited to Copenhagen, and after lengthy negotiations on March 23, 1948, the Faroe Islands received the status of a “self-governing national community within the Kingdom of Denmark”, which was the result of a pragmatic compromise between the two sides [5].
In 1973, Denmark joined the EU, but the Faroe Islands refused to do the same. Since 1984, the Faroe Islands have been declared a non-nuclear country, although a number of military bases of Denmark and NATO are located on the archipelago.
The Danish Constitution of 1953 does not contain a reference to the autonomous status of the Faroe Islands. The act of autonomy of the Faroe Islands adopted in 1948 in the form of the Danish law, that is, the system of public authority on the islands based on ordinary rather than constitutional legislation, and autonomy authority is a consequence of donation from the central government. The Danish parliament has in fact the right at any time to change the act of self-government without the consent of autonomies. However, it is widely believed that the Faroe Islands Autonomy Act of 1948 is not an ordinary law, but it acts as a treaty between the Faroese Lögting and the Danish parliament, and then it can be canceled unilaterally.
Currently, the legal framework for the functioning of autonomy and its bodies includes the following laws of the Kingdom of Denmark:
– Act of Autonomy of the Faroe Islands of March 31, 1948;
– The Act on the Organization of Public Power in the Faroe Islands of July 26, 1995;
– Act on the spheres of responsibility of the authorities of the Faroe Islands of 12 May 2005;
– The Act on the Powers of the Government of the Faroe Islands in the Field of International Activities of 14 May 2005.
These documents identify the subjects of the Faroese autonomy, implemented directly by residents, by the representative and executive authorities of the Faroe Islands and their officials. The subjects of autonomy of the Faroe Islands were determined through a conciliation procedure between the central government of Denmark and autonomous bodies, which lasted almost 50 years. As far back as in 1948, the act of self-government of the Faroe Islands laid down by the norm, the subjects of autonomy of the Faroe Islands are divided into two types, included in accordance with the list of A and B.
According to the plan of the legislators, the powers of group A transferred to the Faroes at once; however, if the latter were not able to finance all expenses for the adoption and implementation of a particular sphere, then they were transferred to the authorities of the Faroe Islands later to their application. Among the issues mentioned there were the following:
– organization of elections to the Parliament of the Faroe Islands;
– organization of work of the Parliament of the Faroe Islands;
– the formation and organization of the work of the government of the Faroe Islands;
– the functioning of the service in the bodies of autonomy;
– organization of municipal government;
– organization of public works;
– fire and rescue services;
– local development planning;
– housing policy and registration of property rights;
– organization of health care;
– social insurance, social assistance and guardianship;
– labour organization;
– local taxation and budgeting;
– education, including higher education;
– organization of archival, museum, library business;
– protection of the natural and architectural environment;
– a system of transport and communications, including postal and telephone communication;
– all issues of agriculture and forestry, hunting and fishing, veterinary affairs;
– use of toxic items, explosives and weapons;
– organization and licensing of the sphere of trade, production and services.
Issues of category B included areas that could be delegated to the authorities of the Faroe Islands in whole or in part only after the relevant consent of the Government of Denmark. In fact, all the public issues on which during the negotiations in 1948 the delegation of the Faroe Islands did not find their consent with the state authorities and entered the list B. At the time of the adoption of the Act of Autonomy of the Faroe Islands, they were:
– church affairs;
– police;
– radio communication;
– aviation communication;
– use of subsoil and other natural resources;
– land fund;
– Immigration and customs control.
Currently, all issues from this list are under the authority of the autonomy, although the transfer was of a lengthy nature. In particular, the use of subsoil and other natural resources transferred to the Faroe Islands only in 1992. Calling for this numerous conflicts between the central government and autonomous bodies, and the issue of immigration control – in 2005 [6].
Located in the Northeast Atlantic, the Faroe Islands comprise 18 small islands, characterized by steep cliffs, tall mountains, narrow fjords – and a population of 50.000.
The Faroese language derives from Old Norse, which was spoken by the Norsemen who settled the islands 1200 years ago.
Through the centuries, the Faroese have defied the harsh nature and living conditions. Enduring today is a nation in which the living standard is one of the highest in the world. A highly industrial economy mainly based on fisheries and aquaculture continues to flourish, while a Nordic welfare model ensures everyone the opportunity to explore his or her own potential. Faroese maritime expertise is widely renowned and the Faroe Islands export seafood to all six continents.
Centuries of relative isolation have resulted in the preservation of ancient traditions that to this day shape life in the Faroe Islands. The unique mixture of traditional and modern culture characterizes the Faroese society, constituting a strong sense of local community and an active outlook as a globalized Nordic nation [10]. Of great importance to them is the realization of their identity, which is realizing through the recognition and preservation of Faroese language, as the main tool in understanding this identity.
In the institutional model of the Faroese autonomy, the principle of separation of powers is laid. The executive functions are concentrated in the government, to which all the administrative autonomy bodies subordinated. The Government of the Faroe Islands consists of a Prime Minister and at least two ministers. The Prime Minister determines the number of ministers and their functional orientation.
The prime minister is the key person in the political mechanism for the autonomy of the Faroe Islands. The Prime Minister is appointed by the Parliament.
The result of the broad competence of the Faroe Islands in various spheres of public life was the formation of its financial autonomy. In accordance with the current legislation, the Faroes have their own currency, customs, tax and excise territory. This allows them not only to form own customs tariff and carry out independent taxation as well as the collection of excises, but also to issue own currency – Faroese krone, which is equated to the Danish krone.
The main source of income for the Faroe Islands is the tax and value added tax. In addition, a significant portion of the budget generated by licenses granted to foreign companies to fish in the economic zone of the Faroe Islands. In order to attract foreign investment, unlike Denmark, there is no property tax on the islands. In 2010, the budget of the Faroe Islands was about $ 600 million.
The main link representing the central government of Denmark at the level of autonomy is the institution of the High Commissioner of the Royal Power. It obeys the Prime Minister of Denmark and performs almost exclusively an observational function. In particular, it participates in a meeting of the Faroese Parliament with the right to speak, is involved in negotiations between the governments of the Faroe Islands and Denmark and informs the Government of Denmark about the adoption by the Parliament of the Faroe Islands of laws and government acts. The High Commissioner also provides elections to the Danish Parliament and nationwide referendums in the Faroe Islands, participates in arranging visits to the Faroe Islands of the royal family, members of the Danish parliament and government, and prepares annual reports on the situation in the autonomy.
According to the Act on the Self-Government of the Faroe Islands, the responsibility for international relations lies with the central government of Denmark. International treaties concluded by Denmark without reservation for the Faroe Islands, automatically extend their effect to the Faroe Islands. What often becomes another reason for separatist sentiment? In particular, the signing of Denmark in 1994. The World Trade Organization Agreement provides that the Faeroes, as an integral part of the Kingdom of Denmark, enjoy the rights and responsibilities that apply to Denmark as a whole. As a result, the norms of the WTO agreement incorporated into the domestic legislation of the Faroe Islands. On the other hand, the Danish government, when signing relevant international agreements, may provide for reservations about the Faroe Islands. Thus, upon Denmark’s accession to the European Union in 1973, the relevant accession agreement contained a special warning on the Faroe Islands, which were the result of a referendum held in 1972 on the Faeroes. Because of this, the Faroese autonomy is not part of the EU and is not covered by it, for example, the EU quota system for fishing. Faroes independently conclude agreements on fishing quotas within their exclusive economic zone [9].
Under such conditions, the basic guarantees of the existence of the autonomy of the Faroe Islands are in the political sphere. The political and legal regime of the Kingdom of Denmark, based on the principles of separation of powers, the division of issues of local and national importance, democracy, political and ideological diversity, the completeness and guarantee of basic human rights and freedoms, the independence of self-government bodies within their powers etc. are a reliable guarantee of the irreversibility of the status of the Faeroe’s autonomy. Under such conditions, it seems that the level of autonomy obtained cannot be removed unilaterally, because this will be considered as a violation of the rights and freedoms.
Conclusion
The analysis of the development of the autonomy of the Faroe Islands suggests that it arose because of the growth of separatism and due to tolerance on the part of Denmark. The peace has been preserving thanks to the creation of sufficiently effective mechanisms of public administration in this territorial unit of Denmark. The fact that unionists and separatists quite peacefully and in a businesslike manner form such a “left-liberal” coalition at the level of the island region is a rather interesting thing. Moreover, it definitely shows that the question of the early separation from Denmark from Farer hardly stands in the foreground.
Therefore, it remains a mystery what for the Faroe Islands is more important: the pride or well-being of its citizens? We will not get an answer to this question soon, but the real strength of the supporters of independence (even with all their ideological and political multicolor) is beyond doubt. Therefore, it is not possible to speak about any predetermination in this Faroese case.
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