Grant Farred explains that the settler: [...] stands as the spearhead of colonial aggression – incarnating the determination of the colonizing power to reorder, through sheer force, and redistribute, through the imposition of colonial law, the land – to make the land, like the colonized, first subject and then productive [...] This process frequently requires the deracination of the native populace so that it might be relocated to best serve the interests of colonial capital or security [...].7 There is a strong relation between colonialism and apartheid which can be found in what Caroline Elkins and Susan Pedersen describe as the, “pervasive inequalities, usually codified in law, between settler and indigenous populations.”8 These inequalities are the expression of the intent of one racial group (the settlers) to dominate and oppress another (the indigenous population) and the continued violation of the fundamental rights of the latter. Colonization violates the inalienable rights of peoples, “to complete freedom, the exercise of their sovereignty and the integrity of their national territory.”9 Further, colonialism prevents peoples from exercising their right to selfdetermination by denying them their right to “freely determine their political status and freely pursue their economic, social and cultural development.”10 The United Nations Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations affirms that states have a duty to refrain from forced actions that deprive peoples of their right to self-determination, freedom and independence, and that peoples who resist such forced actions in pursuit of their right to self-determination, “are entitled to seek and to receive support in accordance with the purposes and principles of the Charter.”11 This contemporary legal environment is thus born of two converging motivations.12 The first relates to the need to protect the sovereignty of states from external aggressors, whilst the second relates to protection of 7 Grant Farred, “The Uansettler” (2008) The South Atlantic Quarterly, vol. 107, no. 4, p. 797-798. 8 Caroline Elkins and Susan Pedersen “Settler Colonialism: A concept and Its Uses” in Settler Colonialism in the Twentieth Century, Projects, Practices, Legacies, Caroline Elkins and Susan Pedersen (eds.), New York: Routledge, 2005, p.4. 9 Declaration on the Granting of Independence to Colonial Countries and Peoples, UNGA Resolution 1514 (XV),14 December 1960, preamble. 10 Ibid, para. 2. 11 Declaration of Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625, UN GAOR, 25th Sess., Supp. No.28, at 121, U.N. Coc. A/8028 (1970). 12 Schechla, Joespeh. Implementing States’ Obligations to Combat Population Transfer, Al-Majdal 2013, available at: http://www.badil.org/en/al-majdal/item/1936-art4. 7