Right to Self-Determination

The most important fundamental right is the right to self-determination. There can be no true participation unless the people are able to govern themselves. Participation, and thus democracy, loses meaning when this right is not exercised. The principle of equal rights and self-determination.  The Declaration of Principles of International Law defines peoples’ determination. The General Assembly adopted the Convention on Friendly Relations and Cooperation Among States. back in 1970 It reads:

“All peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter”.

As a result, the right of a group of people to freely determine would not conflict with the parent state duty to respect that right. Such conflicts highlight the need for self-determination. Whether right or wrong, group politics and international opinion make the right to self-determination the most contentious issue because states are sovereign and all must respect sovereignty under the UN charter

In making this claim, a nation seeks recognition and reception of the international communities of its status as a distinct political entity or state.  Often, these claims come from people who have lived together on a given land for an extended period of time and share a sense of common identity. It is also linked to the desire to form a state in which the culture of the group is protected if not privileged. 

• Highlights 

(A) Full access for all people to places, buildings, facilities, and institutions that serve as media of cultural transmission and form a system of ideas promoting national culture; 

(B) Preservation and/or restoration of sites of special historical importance; 

(C) Involvement of the population in the development and implementation of measures ensuring the preservation and further development of cultural and moral values; and 

(D) Broad education and information dissemination.

Issues of Protection of Culture and Self-Determination: 

• The concept of One Culture, One State gained popularity in Europe during the nineteenth century. It was used to redraw state borders following World War I.

• The Treaty of Versailles established several small, independent states but it proved virtually impossible to satisfy all the demands for self-determination.

• It led to mass migration of population across state boundaries. 

• Not possible to ensure one ethnic community in newly created states. Most states had more than one ethnic and cultural communities living within their boundaries. These communities constituted a minority within the state were often disadvantaged.

• Granted Political Recognition: To various groups who saw themselves as distinct nations and wanted the freedom to govern themselves and determine their future.

Self-Determination and National Liberation Movements: 

• Nationalist movements in Asia and Africa maintained that political independence would provide dignity and recognition to the colonised people and help them to protect the collective interests of their people.

• Most national liberation movements are stimulated by the goal of bringing justice, rights and prosperity to the nation. 

• However, it proved almost impossible to ensure that each cultural group, some of whom claimed to be distinct nations, could achieve political independence and statehood. 

• Consequently, migration of populations, border wars, and violence have continued to plague many countries in the region. 

Dilemma in Self-Determination: 

• For Strong and United State: More and more people are beginning to realise that the solution does not lie in creating new states but in making existing states are more democratic and equal. 

• They need to ensure that people with different cultural and ethnic identities live and co-exist as partners and equal citizens within the country. 

• A nation-state which does not respect the rights and cultural identity of its minorities would find it difficult to gain the loyalty of its members.

Demand for self-determination in Basque: lo

• Basque is a hilly and well-to-do region in Spain. 

• It is recognised by the Spanish government as an ‘autonomous’ region within the Spanish federation but the leaders of Basque Nationalist Movement want a separate country.

Reasons for their demand:

• Their culture is very different from Spanish culture. 

• They have their own language that is very different from Spanish. 

• The hilly terrain makes the Basque region geographically separate.

• Since the Roman days, the Basque region has had its own autonomy.

• It has its own unique systems for justice, administration and finance.
  
  

In Conclusion:- 

The right to self-determination is a collective human right, just like the right to human development, the right to the environment, and the right to peace and security. It includes’ solidarity’ rights, which emphasise the concept of fraternity because “the people, a community, or a group as a whole is entitled to this right, as are its members individually.”

In this regard, it is worth noting that the Universal Declaration of Human Rights contains a contradiction. Whereas the first sentence of the Preamble makes a noble claim: “whereas recognition of inherent dignity and of the equal and inalienable rights of all human family is the foundation of freedom, justice, and peace in the world.” , is a list of human rights written in the language of individual human beings. Consider this: it may take at least two people to assemble or associate, but Article 20 of the UDHR states that “everyone has the right to freedom of peaceful assembly and association.”

Similarly, minorities have been referred to as “persons belonging to minorities” rather than “groups.”

In fact, there was no article on the right to self-determination in the UDHR. This deficit was quickly identified and corrected in 1966 in both the Human rights treaties, the first article of both Covenants is commonly devoted to the right to self-determination, which has been phrased in a group sense: “all peoples have the right to self-determination.” However, the term “peoples” remains undefined and ambiguous.