04/02/2020
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Cultural Rights[162] which state, in Article 1 of both covenants, that all peoples, by
virtue of the right of self-determination, "freely determine their political status and
freely pursue their economic, social, and cultural development."
The people's right to self-determination should not, however, be understood as
extending to a unilateral right of secession. A distinction should be made between
the right of internal and external self-determination. REFERENCE RE SECESSION OF
QUEBEC is again instructive:
"(ii) Scope of the Right to Self-determination
126. The recognized sources of international law establish that the right
to self-determination of a people is normally fulfilled through
internal self-determination - a people's pursuit of its political,
economic, social and cultural development within the framework
of an existing state. A right to external self-determination (which
in this case potentially takes the form of the assertion of a right to
unilateral secession) arises in only the most extreme of cases
and, even then, under carefully defined circumstances. x x x
External self-determination can be defined as in the following
statement from the Declaration on Friendly Relations, supra, as
The establishment of a sovereign and independent State, the free
association or integration with an independent State or the
emergence into any other political status freely determined by a
people constitute modes of implementing the right of self-determination
by that people. (Emphasis added)
127. The international law principle of self-determination has
evolved within a framework of respect for the territorial integrity
of existing states. The various international documents that support the
existence of a people's right to self-determination also contain parallel
statements supportive of the conclusion that the exercise of such a right
must be sufficiently limited to prevent threats to an existing state's
territorial integrity or the stability of relations between sovereign states.
x x x x (Emphasis, italics and underscoring supplied)
The Canadian Court went on to discuss the exceptional cases in which the right to
external self-determination can arise, namely, where a people is under colonial rule,
is subject to foreign domination or exploitation outside a colonial context, and - less
definitely but asserted by a number of commentators - is blocked from the
meaningful exercise of its right to internal self-determination. The Court ultimately
held that the population of Quebec had no right to secession, as the same is not
under colonial rule or foreign domination, nor is it being deprived of the freedom to
make political choices and pursue economic, social and cultural development, citing
that Quebec is equitably represented in legislative, executive and judicial institutions
within Canada, even occupying prominent positions therein.
The exceptional nature of the right of secession is further exemplified in the REPORT
OF THE INTERNATIONAL COMMITTEE OF JURISTS ON THE LEGAL ASPECTS OF THE
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
34/203
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