JUR 5710 Institutions and Procedures

1
JUR 5710 Institutions and Procedures

• The right of self-determination
• UN Procedures

2
UN Charter (1)

• Article 1 of the Charter of the United Nations
  (1945)
• The Purposes of the United Nations are
• To maintain international peace and security,
• 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
• To achieve international co-operation in solving
  international problems of an economic, social,
  cultural, or humanitarian character, and in
  promoting and encouraging respect for human
  rights and for fundamental freedoms for all
  without distinction as to race, sex, language, or
  religion and

3
UN Charter (2)

• Article 55
• With a view to the creation of conditions of
  stability and well-being which are necessary for
  peaceful and friendly relations based on respect
  for the principle of equal rights and
  self-determination of peoples, the United Nations
  shall promote
• c. universal respect for, and observance of,
  human rights and fundamental freedoms for all
  without distinction as to race, sex, language, or
  religion.
• Article 56
• All Members pledge themselves to take joint and
  separate action in co-operation with the
  Organization for the achievement of the purposes
  set forth in Article 55

4
UN Charter (3)

• Non-self-governing territories
• Article 73 (b)
• Trust territories
• Article 76(b)
• GA Res. 1514 (XV) 1960 Declaration on the
  Granting of Independence to Colonial Countries
  and Peoples
• All peoples have the right to self-determination
• GA Res.2625 (XXV) 1970 Declaration on Principles
  of International Law Concerning Friendly
  Relations and Cooperation Among States in
  accordance with the Charter of the United Nations
  
• Equal rights and self-determination of all
  peoples
• Respect for territorial integrity

5
The two UN Covenants

• Article 1 ICCPR and the ICESCR
• 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
• All peoples may for their own ends, freely
  dispose of their natural wealth and resourcesIn
  no case may a people be deprived of its own means
  of subsistence
• The State Parties to the present Covenant,
  including those having responsibility fi the
  administration of Non-Self-Governing and Trust
  Territories, shall promote the realization of
  and shall respect that right, in conformity with
  the provisions of the Charter of the United
  Nations

6
The two UN Covenants

• Identical Article 1
• Political and resource dimensions
• Political
• external aspect sovereignty
• Internal aspect governance
• No deprivation of own means of subsistence
• Obligations on all states to promote and respect
  the right of self-determination

7
Indigenous peoples

• GA Res. 61/295 2007 United Nations Declaration on
  the Rights of Indigenous Peoples
• Article 3 Indigenous peoples have the right to
  self-determination. By virtue of that right they
  freely determine their political status and
  freely pursue their economic, social and cultural
  development
• Cf. ILO Convention 169 Concerning Indigenous and
  Tribal Peoples in Independent Countries (1989)
  Articles 1, 6, 7, 13 , 14 and 15

8
Indigenous peoples

• GA Res. 61/295 2007 Declaration on the Rights of
  Indigenous Peoples
• Article 4 Indigenous peoples, in exercising
  their right to self-determination, have the right
  to autonomy or self-government in matters
  relating to their internal or local affairs, as
  well as means of financing their autonomous
  functions.
• Article 20.1 Indigenous peoples deprived of
  their means of subsistence and development are
  entitled to just and fair redress. See also Art.
  28
• Articles 26-30, 32, 31

9
Procedures

• ICCPR
• Reporting (Art. 40) (ICESCR)
• Inter-state communications (Art.41)
• Individual communications (Art. 1 Optional
  Protocol)
• Human Rights Council
• UPR
• Special procedures
• Complaints procedures consistent patterns of
  gross and reliably attested violations of human
  rights

10
ICCPR

• Progressive development interdependence of
  rights
• Gen Comment 12- right of self-determination
• Political dimension and resource dimension
• meaningful consultation of affected indigenous or
  minority group/community
• securing the sustainability of traditional/distinc
  tive way of life of the group
• Kitok v. Sweden, Lubicon Lake Band v. Canada,
  Länsman cases v. Finland
• Gen Comment 23 rights of minorities

11
Procedures

• ICCPR or ECSCR
• Other treaty bodies
• CERD?
• Human Rights Council
• Principal organs
• GA, SC, ICJ?

12
For discussion

• Think about how a case of a violation of the
  right of self-determination could be handled
  through UN Procedures? Positive or negative
  aspects with different alternatives.