UN's- Right Of Self Determination

UN-The right to self-determination of peoples
General Comment No. 12: The right to self-determination of peoples (Art. 1) : . 13/03/84. CCPR General Comment No. 12. (General Comments)
Convention Abbreviation: CCPR GENERAL COMMENT 12
The right to self-determination of peoples
(Article 1)
(Twenty-first session, 1984)
1. In accordance with the purposes and principles of the Charter of the United Nations, article 1 of the International Covenant on Civil and
Political Rights recognizes that all peoples have the right of self-determination. The right of self-determination is of particular importance
because its realization is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and
strengthening of those rights. It is for that reason that States set forth the right of self-determination in a provision of positive law in both
Covenants and placed this provision as article 1 apart from and before all of the other rights in the two Covenants.
2. Article 1 enshrines an inalienable right of all peoples as described in its paragraphs 1 and 2. By virtue of that right they freely "determine
their political status and freely pursue their economic, social and cultural development". The article imposes on all States parties corresponding
obligations. This right and the corresponding obligations concerning its implementation are interrelated with other provisions of the Covenant
and rules of international law.
3. Although the reporting obligations of all States parties include article 1, only some reports give detailed explanations regarding each of its
paragraphs. The Committee has noted that many of them completely ignore article 1, provide inadequate information in regard to it or confine
themselves to a reference to election laws. The Committee considers it highly desirable that States parties' reports should contain information
on each paragraph of article 1.
4. With regard to paragraph 1 of article 1, States parties should describe the constitutional and political processes which in practice allow the
exercise of this right.
5. Paragraph 2 affirms a particular aspect of the economic content of the right of self-determination, namely the right of peoples, for their own
ends, freely to "dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic
cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of
subsistence". This right entails corresponding duties for all States and the international community. States should indicate any factors or
difficulties which prevent the free disposal of their natural wealth and resources contrary to the provisions of this paragraph and to what extent
that affects the enjoyment of other rights set forth in the Covenant.
6. Paragraph 3, in the Committee's opinion, is particularly important in that it imposes specific obligations on States parties, not only in relation
to their own peoples but vis-à-vis all peoples which have not been able to exercise or have been deprived of the possibility of exercising their
right to self-determination. The general nature of this paragraph is confirmed by its drafting history. It stipulates that "The States Parties to the
present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations".
The obligations exist irrespective of whether a people entitled to self-determination depends on a State party to the Covenant or not. It follows
that all States parties to the Covenant should take positive action to facilitate realization of and respect for the right of peoples to self-
determination. Such positive action must be consistent with the States' obligations under the Charter of the United Nations and under
international law: in particular, States must refrain from interfering in the internal affairs of other States and thereby adversely affecting the
exercise of the right to self-determination. The reports should contain information on the performance of these obligations and the measures
taken to that end.
7. In connection with article 1 of the Covenant, the Committee refers to other international instruments concerning the right of all peoples to
self-determination, in particular the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among
States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970 (General Assembly
resolution 2625 (XXV)).
8. The Committee considers that history has proved that the realization of and respect for the right of self-determination of peoples contributes
to the establishment of friendly relations and cooperation between States and to strengthening international peace and understanding. ©1996-2001Office of the United Nations High Commissioner for Human RightsGeneva, Switzerland

THE INDO-SRI LANKA ACCORD

July 29-1987
Text: THE INDO-SRI LANKA ACCORD
To establish peace and normalcy in Sri Lanka the president of the Democratic Socialist Republic of Sri Lanka, his excellency Mr. J.R. Jayawardene, and the Prime Minister of The Republic of India, His Excellency Mr. Rajiv Gandhi, having met at Colombo on July 29, 1987,
Attaching utmost importance to nurturing, intensifying and strengthening the traditional friendship of Sri Lanka and India, and acknowledging the imperative need of
resolving the ethnic problem of Sri Lanka, and the consequent violence, and for the safety, wellbeing and prosperity of people belonging to all communities of Sri Lanka,
Have this day entered into the following agreement to fulfil this Objective.
In this context,
1.1 desiring to preserve the unity, sovereignty and territorial integrity of Sri Lanka,
1.2 acknowledging that Sri Lanka is a "multi-ethnic and multi-lingual plural society" consisting, inter-alia, of Sinhalese, Tamils, Muslims (Moors) and Burgers,
1.3 recognising that each ethnic group has a distinct cultural and linguistic identity, which has to be carefully nurtured,
1.4 Also recognising that the northern and the eastern provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples, who have at all times
hitherto lived together in this territory with other ethnic groups,
1.5 conscious of the necessity of strengthening the forces contributing to the unity, sovereignty and territorial integrity of Sri Lanka, and preserving its character as a
multi-ethnic, multi-lingual and multi- religious plural society in which all citizens can live in equality, safety and harmony, and prosper and fulfil their aspirations,
2.RESOLVE THAT:
2.1 Since the Government of Sri Lanka proposes to permit adjoining provinces to join to form one administrative unit and also by a referendum to separate as may be
permitted to the northern and eastern provinces as outlined below:
2.2 During the period, which shall be considered an interim period (i.e. from the date of the elections to the provincial council, as specified in para 2.8 to the date of
the referendum as specified in para 2.3), the northern and eastern provinces as now constituted, will form one administrative unit, having one elected provincial
council. Such a unit will have one governor, one chief minister and one board of ministers.
2.3 There will be a referendum on or before 31st December 1988 to enable the people of the eastern province to decide whether:
a) The eastern province should remain linked with the northern province as one administrative unit, and continue to be governed together with the northern province
as specified in para 2.2 or:
b) The eastern province should constitute a separate administrative unit having its own distinct provincial council with a separate governor, chief minister and board of
ministers. The president may, at his discretion, decide to postpone such a referendum.
2.4 All persons, who have been displaced due to ethnic violence or other reasons, will have the right to vote in such a referendum. Necessary conditions to enable
them to return to areas from where they were displaced will be created.
2.5 The referendum, when held, will be monitored by a committee headed by the chief Justice, a member appointed by the President, nominated by the government
of Sri Lanka, and a member appointed by the president, nominated by the representatives of the Tamil speaking people of the eastern province.
2.6 A simple majority will be sufficient to determine the result of the referendum.
2.7 Meetings and other forms of propaganda, permissible within the laws of the country, will be allowed before the referendum.
2.8 Elections to provincial councils will be held within the next three months, in any event before 31st December 1987. Indian observers will be invited for elections to
the provincial council of the north and east.
2.9 The emergency will be lifted in the eastern and northern provinces by Aug. 15, 1987. A cessation of hostilities will come into effect all over the island within 48
hours of signing of this agreement. All arms presently held by militant groups will be surrendered in accordance with an agreed procedure to authorities to be
designated by the government of Sri Lanka.
Consequent to the cessation of hostilities and the surrender of arms by militant groups, the army and other security personnel will be confined to barracks in camps as
on 25 May 1987. The process of surrendering arms and the confining of security personnel moving back to barracks shall be completed within 72 hours of the
cessation of hostilities coming into effect.
2.10 The government of Sri Lanka will utilise for the purpose of law enforcement and maintenance of security in the northern and eastern provinces same
organisations and mechanisms of government as are used in the rest of the country.
2.11 The President of Sri Lanka will grant a general amnesty to political and other prisoners now held in custody under The Prevention of Terrorism Act and other
emergency laws, and to combatants, as well as to those persons accused, charged and/or convicted under these laws. The Government of Sri Lanka will make
special efforts to rehabilitate militant youth with a view to bringing them back into the mainstream of national life. India will co-operate in the process.
2.12 The government of Sri Lanka will accept and abide by the above provisions and expect all others to do likewise.
2.13 If the framework for the resolutions is accepted, the Government of Sri Lanka will implement the relevant proposals forthwith.
2.14 The government of India will underwrite and guarantee the resolutions, and co-operate in the implementation of these proposals.
2.15 These proposals are conditional to an acceptance of the proposals negotiated from 4.5.1986 to 19.12.1986. Residual matters not finalised during the above
negotiations shall be resolved between India and Sri Lanka within a period of six weeks of signing this agreement. These proposals are also conditional to the
Government of India co-operating directly with the Government of Sri Lanka in their implementation.
2.16 These proposals are also conditional to the Government of India taking the following actions if any militant groups operating in Sri Lanka do not accept this
framework of proposals for a settlement, namely,
a) India will take all necessary steps to ensure that Indian Territory is not used for activities prejudicial to the unity, integrity and security of Sri Lanka
b) The Indian navy/coast guard will cooperate with the Sri Lankan navy in preventing Tamil militant activities from affecting Sri Lanka.
c) In the event that the Government of Sri Lanka requests the Government of India to afford military assistance to implement these proposals the Government of India
will co-operate by giving to the Government of Sri Lanka such military assistance as and when requested.
d) The Government of India will expedite repatriation from Sri Lanka of Indian citizens to India who are resident here, concurrently with the repatriation of Sri Lankan
refugees from Tamil Nadu.
e) The Governments of Sri Lanka and India will co-operate in ensuring the physical security and safety of all communities inhabiting the northern and eastern
provinces.
2.17 The government of Sri Lanka shall ensure free, full and fair participation of voters from all communities in the northern and eastern provinces in electoral
processes envisaged in this agreement. The government of India will extend full co-operation to the government of Sri Lanka in this regard.
2.18 The official language of Sri Lanka shall be Sinhala. Tamil and English will also be official languages.
3. This agreement and the Annexure thereto shall come into force upon signature.
In witness whereof, we have set our hands and seals hereunto.
Done in Colombo, Sri Lanka, on this the twenty-ninth day of July of the year one thousand nine hundred and eighty seven, in duplicate, both texts being equally
authentic.
Junius Richard Jayawardene President of the Democratic of the Socialist Republic of Sri Lanka
Rajiv Gandhi Prime Minister Republic of India
ANNEXURE TO THE AGREEMENT
1. His Excellency the President of Sri Lanka and the Prime Minister of India agree that the referendum mentioned in paragraph 2 and its sub- paragraphs of the
agreement will be observed by a representative of the election Commission of India to be invited by His Excellency the President of Sri Lanka.
2. Similarly, both heads of Government agree that the elections to the provincial council mentioned in paragraph 2.8 of the agreement will be observed and all para-
military personnel will be withdrawn from the eastern and northern provinces with a view to creating conditions conducive to fair elections to the council.
3. The President, in his discretion shall absorb such para-military forces, which came into being due to ethnic violence, into the regular security forces of Sri Lanka.
4. The President of Sri Lanka and the Prime Minister of India agree that the Tamil militants shall surrender their arms to authorities agreed upon to be designated by
the President of Sri Lanka. The surrender shall take place in the presence of one senior representative each of the Sri Lanka Red Cross and the Indian Red Cross.
5. The President of Sri Lanka and the Prime Minister of India agree that a joint Indo-Sri Lankan observer group consisting of qualified representatives of the
Government of Sri Lanka and the Government of India would monitor the cessation of hostilities from 31 July 1987.
6. The President of Sri Lanka and the Prime Minister of India also agree that in the terms of paragraph 2.14 and paragraph 2.16(c) of the agreement, an Indian peace
keeping contingent may be invited by the President of Sri Lanka to guarantee and enforce the cessation of hostilities, if so required.
EXCHANGE OF LETTERS BETWEEN THE PRIME MINISTER OF INDIA AND THE PRESIDENT OF SRI LANKA.
Excellency,
1. Conscious of the friendhsip between our two countries stretching over two millenia and more, and recognizing the importance of nurturing this traditional friendship,
it is imperative that both Sri Lanka and India reaffirm the decision not to allow our respective territories to be used for activities prejudicial to each other's unity,
territorial integrity and security.
2. In this spirit, you had, in the course of our discussions agreed to meet some of India's concerns as follows:
Your Excellency and myself will reach an early understanding about the relevance and employment of foreign military and intelligence personnel with a view to
ensuring that such presences will not prejudice Indo-Sri Lankan relations. Trincomalee or any other ports in Sri Lanka will not be made available for military use by any country in a manner prejudicial to India's interests. The work of resotoring and operating the Trincomalee Oil Tank Farm will be undertaken as a joint venture between India and Sri Lanka. Sri Lanka's agreements with foreign broadcasting organizations will be reviewed to ensure that any facilities set up by them in Sri Lanka 3. In the same spirit India will:
deport all Sri Lankan citizens who are found to be engaging in terrorist activities or advocating separatism or secessionism. provide training facilities and military supplies for Sri Lankan forces. 4. India and Sri Lanka have agreed to set up a joint consultative mechanism to continuously review matters of common concern in the light of the objectives stated in
paragraph 1 and specifically to monitor the implementation of other matters contained in this letter.
5. Kindly confirm, Excellency, that the above correctly sets out the agreement reached between us.
Please accept,Excellency, the assurances of my highest consideration.
Yours sincerely,
Rajiv Gandhi