International Human Rights from a Legal Perspective - Essay Example

PERESPECTIVE OF INTERNATIONAL DIPLOMAT INTRODUCTION The right of a people to select and choose his or her own destiny and its is termed as right of self-determination. The right of self-determination is the reflection of an individual's right to practice his or her choice without any restrictions or limitations. The principle of right of self-determination grants the permission to select any particular course of economic, social and cultural development, and also allows for developing political affiliation, without any constrains or limitation. The exercise of right of self-determination has different orientations and applications, ranging from political independence through to full integration within a state. It is important to understand that the significance of right of self-determination is based on provision for right of choice, such that the outcome of a people's choice should not affect the existence of the right to make a choice. In actual, the approach and policies of government towards its citizens of the nation can be often judged by the possible outcome of an exercise of right of self-determination. More often it is observed that the government is flexible enough to provide its people with the cultural autonomy, however political autonomy is controlled, and in many of the cases the government is reluctant to provide the right of self-determination to its citizens, the government shares a conservative approach towards the right of self-determination. Therefore the nation's claim of autonomy and independence are rejected and avoided by the states. (Department of International Affairs. Self-Determination Conference Examines Implementation of Self-Determination by United Nations Mechanisms. United Nations. 2001). INTERNATIONAL CORRIDORS In the International law, enough provisions has been included and amended to ensure political and social justice to the people, by providing them with the right of self-determination. According to International laws, the right to self-determination is recognized as right of peoples and not of states or governments. The preferred outcome of an exercise of the right to self-determination varies greatly among the members of the United Nations. In some of the cases, the victim seeks full political independence from the intruder, and in this case the political will of the people is evaluated, and the military might is ignored and discouraged. The different interpretations of right of self-determination include degree of political, cultural and economic autonomy; the right to live on and manage a people's traditional lands free of external interference and incursion is the essential aim of a struggle for self-determination. The primary article of charter of United Nation emphasized over the importance and significance of self-determination. It was welcomed and practiced by different political figures including Woodrow Wilson, and Lenin. The provision of right of self-determination guided the Europeans during the period of World War I. The 1941's Atlantic Charter and Dumbarton Oaks proposals stressed over the application of right of self-determination, and later these charters and proposals turned the basis of United Nations charter. (International Court of Justice. The Question of Self-Determination: The Cases of East Timor, Tibet and Western Sahara. United Nations. 2001). The World Organization has stressed over the universal recognition of the principle as requisite for ensuring and sustaining friendly relations and peace among states. It is recognized as a right of all peoples in the first article common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights which both entered into force in 1976. The first paragraph of the Article provides, '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'. (Pomerance, Michla Pomerance. Self-Determination in Law and Practice: The New Doctrine in the United Nations. Washington, D.C.: United States Institute of Peace Press. 1982. pp.56). 'The right to self-determination of peoples is recognized in many other international and regional instruments, including the Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States adopted b the UN General Assembly in 1970, the Helsinki Final Act adopted by the Conference on Security and Co-operation in Europe (CSCE) in 1975, the African Charter of Human and Peoples' Rights of 1981, the CSCE Charter of Paris for a New Europe adopted in 1990, and the Vienna Declaration and Program of Action of 1993. It has been affirmed by the International Court of Justice in the Namibia case, the Western Sahara case, and the East Timor case, in which its erga omnes character was confirmed. It has been discussed in the UN Human Rights Committee and the Committee on the Elimination of Racial Discrimination, and numerous leading international jurists'. (Human Right Commission. Self-Determination in Relation to Individual Human Rights, Democracy and the Protection of the Environment. United Nations. 2000) IMPLICATIONS The state governments and international agencies have agreed that the right of self-determination is the basic provision for the citizen of the state, and efforts should be made to ensure that the individuals are provided with possible opportunities for its application. In many of the cases the international diplomats has developed certain practices for he settlement of dispute, and their common solution for the resolution of the dispute lies with the provision for the right of self-determination for the people. According to United Nations, the disputes of East Timor and Kashmir are to be resolved through people's right of self-determination. The international diplomats understand and have repeatedly stressed over the application of it because it is obvious that the survival of peace can only be ensured if the people have exercised their right of self-determination. During the British rule in Indian sub-continent, the ruling authority failed to sustain peace in the region, because the Indians demand of right of self-determination was ignored. Lately, when the ruling authority agreed, the local political parties and public was already in streets, extreme violence erupted, and British had no other option but to vacate the region, and handed over the political, economic and social autonomy to the Indian people. Considering the issue of Kashmir, many efforts and measures were taken by the governments of India and Pakistan, for the early settlement of the issue. In this series of efforts, both the countries understand that the fate of disputed region can not be decided unless the people of Kashmir are taken into confidence, and have due representation in the dialogue and peace negotiation. In the due course of time, the Indian government attempted to pullout basic rights from the people of Kashmir, and we observed that the people of Kashmir opted for military course of action, for early settlement according to heir wishes. The International community have repeatedly stressed for granting the people of Kashmir with right of self-determination, because the militant activity of the Kashmir state, was adopted by other nationalist parties inside Indian states of Tamil Naidu, Sri Lanka, Pakistan and Afghanistan. Therefore it the right of self-determination is ignored, the reaction of the local population is difficult to be comprehended. (Elizabeth Chadwick. Self-Determination, Terrorism, and the International Humanitarian Law of Armed Conflict. Washington, D.C.: United States Institute of Peace Press. 1996. pp.168). It is therefore important that sincere efforts are made to expedite the current political disputes, by allowing the free-will of the people to rein, and by respecting their right of self-determination. THE SIGNIFICANCE OF NEUTRAL FORCES AND BALANCE OF POWER The concept of self-determination is important and significant. According to Wolfgang Danspeckgruber, a peace activist, 'No other concept is as powerful, visceral, emotional, unruly, and as steep in creating aspirations and hopes as self-determination'. The right of self-determination determines and sorts out the nature of issues based on emotions, expectations and fears. Such features are often responsible for conflict and bloodshed, although such features do not have any direct affiliation with the conflict, but misunderstanding evolved because of these circumstances. It is being argued that, the title holders i.e. privileged and powerful ones should be or are limited in international law, other contradict, and have stated that, there is need to limit the possible outcome for all or categories of title holders. Therefore we experience differences among the group on evolving unanimous framework of legislative authority and role of the mighty forces. The establishment of United Nations is an effort towards that cause, which is responsible for ensuring and sustaining the peace efforts, by providing the legitimate rights to the people of the world, irrespective of geographical social, political, economic and cultural constraints. The balance of power is important terminology in global political affairs, and we observe that differences over the groups prevailed due to their disapproval to balance of power. The provision of Balance of Power and its fair allocation can be the only solution towards the resolution of any issue. Considering the East Timor, there existed continuous and strong differences among the Indonesian government and the authority of East Timor over issues with reference to autonomy and judiciary. The Balance of Power was therefore never fair, and there was disequilibrium, which was disliked and complained by the political activists of East Timor. Eventually their sustained efforts and struggles resulted in their independence, which was exercised after a resolution supporting the political independence of the people of East Timor, and the resolution further supported the provision for the right of self-determination of the people of the East Timor, which was granted to them, and finally the country evolved. The inclusion of the right to self-determination in the International Covenants on Human Rights and in the Vienna Declaration and Program of Action, referred to above, emphasizes that self-determination is an integral part of human rights law which has a universal application. At the same time, it is recognized that compliance with the right of self-determination is a fundamental condition for the enjoyment of other human rights and fundamental freedoms, be they civil, political, economic, social or cultural. (Human Right Commission. Self-Determination In Relation To Individual Human Rights, Democracy and the Protection of the Environment. United Nations. 2000) The issue of Kashmir has so far remained unresolved, because the people of the state do not have the permission to apply their political will on the stately affairs. There is a provincial government, controlled by the federal government of India, but because the provincial government does not enjoy the support of local population, therefore violence persists. Indian government has although pledged to offer right of self-determination to its people, and according to the Indian government, they have offered the local population of Kashmir the right of self-determination, but there exist a difference in interpretation. It is therefore important that the right of self-determination if pledged and offered to the people in true spirit without any bias interpretation. According to Indian government, the provincial election is a step toward right of self-determination of the people, but this pledge is neither in accordance with the resolutions of United Nations, nor is it in accordance with the wishes of the people. Indian occupied Kashmir is therefore in grip of violence for last five decades, and still there is no hope for the early resolution of the dispute. In today's world, we observe that world powers have seized and occupied certain territories, with the firm conviction of eradication of terrorism, but unfortunately, in their attempt to make the world a safe heaven, these super power countries forget that it is the will of people that has to be respected, before the launch of any aggressive course of action. We presently observe a situation of political, social, economic and religious chaos in countries including Afghanistan, Lebanon and Iraq. The world peace agencies, and international human rights activist have stressed over the need of approving the practice the right of self-determination, it is because, the current situation of these countries has although destabilized due to terrorists movements, but the situation has turned further worsened as people desperate for the approval of their right, find no other option but to turn out into streets and adopt agitated and violence course of action. (Department of International Affairs. Self-Determination Conference Examines Implementation of Self-Determination by United Nations Mechanisms. United Nations. 2001. pp.186) It is therefore important to understand that the right of self-determination is not futile practice; rather it is an attempt to win the sympathy and support of the people, and develop a political social and economic framework in accordance to their wishes. Self-determination in many cases is considered to be highly scandalous practice, and its application is often critical. According to the observes of United Nations, 'state is self-determining even if its citizens strive, and fail, to create free political institutions, however in return, it is deprived of its self-determination if such institutions are established by an external power'. It is therefore important that political community should demand their right of freedom, and in doing so they should adopt proper and appropriate course of action, which should be in accordance with the law of state. It is important to realize that if political activists fail to secure the objective through right of self-determination, even then, they should respect the practice, as that is equivalent to state sovereignty, therefore, the exercise and efforts towards securing the right of self-determination should not only focus towards freedom, or implementation of their demands, instead, this practice is another indication of the flexibility on the part of the government, and if proper course of action is followed, certainly much can be expected from the government. The adopted techniques to implement the right of self-determination can be in form of sovereignty referendum, armed struggle, and fragmentation. (Department of Political Affairs. The Question of Self-Determination: The Cases of East Timor, Tibet and Western Sahara. North Atlantic Treaty Organization Report. 2003. pp.58) REFERENCES 1. Human Right Commission. Self-Determination In Relation To Individual Human Rights, Democracy and the Protection of the Environment. United Nations. 2000. pp. 167 2. Department of International Affairs. Self-Determination Conference Examines Implementation of Self-Determination by United Nations Mechanisms. United Nations. 2001. pp.186 3. Elizabeth Chadwick. Self-Determination, Terrorism, and the International Humanitarian Law of Armed Conflict. Washington, D.C.: United States Institute of Peace Press. 1996. pp.168 4. International Court of Justice. The Question of Self-Determination: The Cases of East Timor, Tibet and Western Sahara. United Nations. 2001. 5. Pomerance, Michla Pomerance. Self-Determination in Law and Practice: The New Doctrine in the United Nations. Washington, D.C.: United States Institute of Peace Press. 1982. pp.56 6. Department of Political Affairs. The Question Of Self-Determination: The Cases Of East Timor, Tibet And Western Sahara. 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