15 September 2008Maria Lundberg, NCHR1 JUR 5710 Institutions
and Procedures The right of self-determination UN Procedures
Slide 2
15 September 2008Maria Lundberg, NCHR2 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
Slide 3
15 September 2008Maria Lundberg, NCHR3 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
Slide 4
15 September 2008Maria Lundberg, NCHR4 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
Slide 5
15 September 2008Maria Lundberg, NCHR5 The two UN Covenants
Article 1 ICCPR and the ICESCR: 1.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 2.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 3.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
Slide 6
15 September 2008Maria Lundberg, NCHR6 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
Slide 7
15 September 2008Maria Lundberg, NCHR7 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
Slide 8
15 September 2008Maria Lundberg, NCHR8 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
Slide 9
15 September 2008Maria Lundberg, NCHR9 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
Slide 10
15 September 2008Maria Lundberg, NCHR10 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/distinctive way of life of the group Kitok v. Sweden,
Lubicon Lake Band v. Canada, Lnsman cases v. Finland Gen Comment 23
rights of minorities
Slide 11
15 September 2008Maria Lundberg, NCHR11 Procedures ICCPR or
ECSCR Other treaty bodies CERD? Human Rights Council Principal
organs GA, SC, ICJ?
Slide 12
15 September 2008Maria Lundberg, NCHR12 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.
