Legal Status of Alaska - Background

Background

Alaska became a territory of the United States in 1867 when it was purchased from the Russian Empire. Events in the 20th century such as World War II and the Cold War led to the decision to add Alaska as a state to the American Union. President Dwight D. Eisenhower signed the Alaska Statehood Act into United States law on 7 July 1958, which paved the way for Alaska's admission into the Union on January 3, 1959.

The vote for statehood was held in 1958. Voters approved the measure by a 6 to 1 margin. Critics of Alaskan statehood, though, claim the vote was flawed. In an interview with WorldNetDaily, Alaskan Independence Party chairman Mark Chryson detailed the flaws, believing that the United Nations Charter suggests that a non-self-governing territory be given choices of remaining a territory, becoming a separate and independent nation, or becoming a self-governing incorporated territory(Article 76, section b). In the United States, a self-governing incorporated territory is called a state joined in a federal union. The options on the ballot were for statehood or to remain a territory. There was no option for independence on the ballot. Other people argue that there is no such provision in the UN Charter.

Critics of the vote also note that American military personnel voted in the election. This is also pointed to as a violation of international law which specifies that only the civilian population of a territory may vote. Despite the criticism, the United Nations decolonization committee later removed Alaska from the United Nations list of Non-Self-Governing Territories.

The debate is considered by some to resemble the same academic discourse being argued by several other activist groups in the United States, including arguments around the legal status of Hawaii and the legal status of Texas. The situation most closely resembles Hawaii as the Hawaiian statehood vote also lacked an option for independence.