The Right to self-determination across the globe

Priyasikha Rai

At the international level, the right to self-determination of all nationalities is considered to be a fundamental right. It is important to notice the peoples' demand. Whether the demand is good or bad, whether it is instigated by separatists or terrorists, whether it is economically viable or geographically problematic, whether such demand will render people to more oppression, suffocation, distress or exploitation can be discussed and debated, but at the end of the day, the right to determine their destiny should lie with the people over there.

In the post-colonial era, in the era of advent of capitalism, these things came into discussion in theoretical manner and while framing the constitution in Socialist Soviet Russia, this right to self-determination including right to secede was introduced as a fundamental right officially for the first time in history.

But despite its inclusion in the human rights covenants or in the declarations of United Nations after the 2nd World War, the implementation of these principles continued in a slow and incomplete manner. Thus several people are deprived of this right.

In 1941, Allies of World War II signed the Atlantic Charter and accepted the principle of self-determination. In January 1942, twenty-six states signed the Declaration by United Nations, which accepted those principles.

The ratification of the United Nations Charter in 1945 at the end of World War II placed the right of self-determination into the framework of international law and diplomacy.

Chapter 1, Article 1, part 2 states that purpose of the UN Charter is:

“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.”

Article 1 in both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), read:

“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

Though India has reserved to the matter of right to self-determination in the International Covenant on Civil and Political Rights, 1966, however, this reservation is on right of secession under the umbrella of right to self-determination.

The necessary implication in ICCPR and ICESCR is that the fundamental freedom guaranteed by various international instruments is to be encouraged by implementation of the right of self determination. This is an expression of basic democratic principles and means that people cannot be deprived by their own regime of the right of self-governance.

Initially the concept of right to self-determination gained importance in decolonization process post World War II and its concept has been evolving with changed circumstances. As of today, the internal aspect of this norm is much more emphasized and as such goes beyond the classical or post-colonial context.

Internal aspect of Right to self-determination includes right to self government or self rule, that is, the right for people to choose freely their own political, cultural and economic regime which is choosing the best that suits their own conditions rather than accepting something thrust from outside, due to political oppression.

However, there is a huge gap between the legal right and political reality. In today’s world when in one hand all the movements for self-determination, are suppressed in the name of curbing terrorism and separatism, on the other hand questions are also raised that which is more important, self-determination rights of the nationalities or an unperturbed border?

An attempt sponsored by Spain and Argentina to qualify the right to self-determination in cases where there was a territorial dispute was rejected by the UN General Assembly, which re-iterated the right to self-determination was a universal right.

In the post-colonial era these arguments on self-determination continue to live on within the United Nations through the numerous struggles of different nation-states and diverse oppressed nationalities.

In 1976 Universal Declaration of the Rights of Peoples was signed in Algiers which stated that,

“Every people has an imprescriptible and unalienable right to self-determination. It shall determine its political status freely and without any foreign interference. Every people has the right to break free from any colonial or foreign domination, whether direct or indirect, and from any racist regime. Every people has the right to have democratic government representing all the citizens without distinction as to race, sex, belief or colour, and capable of ensuring effective respect for the human rights and fundamental freedoms for all.”

But in reality, a lot of struggle is yet to be done.