Is the right to self-determination collective or individual right?
There are divergent opinions whether the right to self-determination is an individual right or collective right of people. The emerging consensus is that right to self-determination can be simultaneously an individual right and a collective right.
How does the principle of self-determination evolved?
The emergence of the principle of self-determination can be traced back to the nineteenth century. It gained prominence after World War I when President Woodrow Wilson of the United States included it in his Fourteen-Point peace plan. President Wilson called for “a free, open-minded, and absolutely impartial adjustment of all colonial claims, based upon a strict observance of the principle that in determining all such questions of sovereignty the interests of the populations concerned must have equal weight with the equitable claims of the government whose title is to be determined.” The principle further evolved in the United Nations system.
Is the right of peoples to self-determination enshrined in United Nations instruments?
Yes, the right of peoples to self-determination is enshrined in many United Nations instruments, among which are:
Article 55 of the United Nations charter provides that the UN shall create conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples . . .
Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and Article 1 of the International Covenant on Civil and Political Rights (ICCPR) provides, All peoples have the right of self- determination, including the right to determine their political status and freely pursue their economic, social and cultural development.
General Assembly resolution 1514 (XV) of 14 December 1960 states that, All 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.
What is the obligation of the state party to these UN instruments?
The state party to the above-mentioned United Nations instruments has the obligation to protect, promote and advance the right of peoples to self-determination. The violation of the State of the right of peoples to self-determination, or failure to protect, promote or advance the right is a ground for international responsibility.
In international law the right to self-determination is considered a norm of jus cogens, that have to be strictly obeyed at all times. The International Court of Justice and the Inter-American Commission on Human Rights of the Organization of American States rulings substantiate the view that the principle of self-determination has the legal status of erga omnes. As such, the obligations of a State are owed to the international community as a whole; and the rest of the international community is under a mandatory duty to respect it in all circumstances in their relations with each other.
Is the Republic of the Philippines signatory to these UN instruments?
Yes, the Philippines is signatory to the United Nations Charter, the International Covenant on Economic, Social and Cultural Rights, and International Covenant on Civil and Political Rights, and it has ratified them.
As state party to these United Nations instruments, the Republic of the Philippines has the obligation to protect, promote and advance the right of peoples to self- determination.
How does political status of peoples determine?
Traditionally, the international community resort to referendum or plebiscite to determine the wishes of people in disputed areas. Recently, there are concerns on this practice because the outcomes of some UN conducted referendums turns into all out, winner-take-all contest.
This concern came about because choice in a referendum is limited to yes or no to one proposition. If the range of choice is wider to include all possible political arrangements – like independence, autonomy, free association, consociationalism and other power sharing arrangements – this may not turn out into a winner-take-all contest. Referendum to determine political status of peoples remains the viable, peaceful and democratic alternative to violence.
