5 Elements Of The Right To Self-determination Under International
The right to self-determination is an individual and collective right of a people to “freely determine . . . political status and [to]freely pursue . . . economic, social and cultural development.” The right to self-determination is also a fundamental principle of human rights law. A people oppressed by a government have the right to feel safe and freely pursue their social and cultural development.
The principle of self-determination is generally linked to the de-colonization process that took place after the promulgation of the United Nations Charter of 1945. The obligation to respect the principle of self-determination is a prominent feature of the Charter, appearing, inter alia, in both Preamble to the Charter and in Article 1.
The International Court of Justice refers to the right to self-determination as a right held by a people rather than a right held by governments alone. The two important United Nations studies on the right to self-determination set out factors of a people that give rise to their possession of the right to self-determination, these factors being:
If a people meet all these elements they legally having the right to self-determination under international law.
History Of Independence Or Self-Rule
Capability To Self-Govern
Alternative Element - Victims of Human Rights Violations
here is an addition element that may also be used by a people to obtain the right to self-determination. If a people do not have one or all of the elements listed above, but are the victims of human rights violations, then they may also demand the right to self-determination under international law.
What will happen to India if Punjab regains its independence
No one knows for sure, but it is the opinion of must analysts that if Punjab decides to exercise its right to self-determination, many other states will also decide to self govern their territories leading to the eventual disintegration of the state of India as we know it today.
What will happen to the Sikhs who live in India but not in Punjab?
They will be given a choice to join an independent Punjab or continue to live in India. But it will be their choice.
Will the neighboring countries be hostile to an independent Punjab?
No, neighboring countries will not be hostile to an independent Punjab. Originally when Bangladesh became independent from Pakistan there was an adjustment period for Pakistan to accept the new reality. But today Pakistan is on the verge of signing a Free Trade Agreement with Bangladesh. This shows the positive nature of this relationship.
This will also be the case for an independent Punjab. After a period of adjustment for neighboring states to accept the new reality, Punjab will have very positive relations.
Will our neighboring countries give us access to their air space?
Yes neighboring countries will allow access to their air space for commercial use. The UN has established a body to govern commercial air travel. The International Civil Aviation Organization allows member state to use each other’s air space for commercial use. This is why today India and Pakistan allow their commercial airplanes to fly over their territories even though they have hostile relationship.
Will Punjab have a strong economy if it does not have access to the sea?
Yes Punjab will have a strong economy. Having access to the sea does not guarantee a successful state and not having access to the sea does not guarantee a failed state. Switzerland and Austria are 2 states that do not have access to the sea yet are very successful states. One the other hand, there are other European countries that do have access to the sea, but are not as successful such as Poland and Ukraine.
What kind of government will Punjab have?
A independent Punjab will have a representative democracy.
What about Non-Sikhs in Punjab, what will happen to them?
All people will be welcomed in Punjab, Sikhs and non-Sikhs. Non-Sikhs will have equal rights as Sikh citizens in an independent Punjab.
Will an independent Punjab be a strict religious country?
No, an independent Punjab will not be a strict religious state. An independent Punjab will not force any religious views on any citizen.
Every citizen of Punjab will be free to follow whatever faith they believe in or no faith at all.
What about Nankana Sahib, will we retake that from Pakistan?
No, Pakistan has been a great friend to the Sikh people and will continue to be so in the future. The most likely scenario will be Pakistan an Punjab will enter into a EU type relationship where crossing the boarders between the two countries will be as easy as it is in the EU today. This will allow Sikhs to have access to Nankana Sahib along with other Gurdwaras.
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