Source: The Sangai Express / Newmai News Network
Guwahati, December 10:
Right to self determination is a universal right and it can be exercised by people (Nation) in certain circumstances, said Dean of Gauhati University, Professor N Sanajaoba.
The Prof said this in Guwahati while addressing the colloquium on "Right to Self Determination" organized by the Law Department of Gauhati University today.
He said that the right to self determination is adopted by the United Nation's general assembly and that it could be exercised by anyone through four process�self determination and independence, by way of secession from a country, by merger with people of other country through plebiscite and by working out a particular Constitutional status.
Sanajaoba also cited among others how the commonwealth of Puerto Rico in USA had conducted more than four plebiscite on Puerto Rico's independence from the USA and UN Decolonization Committee's 2006 resolution to expedite Puerto Rico's self determination.
The colloquium was organized by the Law Department as a first step as the university has included Right to Self Determination in the curriculum of LLB and LLM of International Human Rights discipline of the university.
Senior advocate of the Gauhati High Court Arup Borbora, who also spoke at the occasion referred to the UN General Resolutions 1960, 1970, United Nationals Laws and exercise of the Right to self determination by a large number of people after World War II and also to internal self determination.
Ramesh Borpatragohain, Reader of Law department of GU cited common article 1 of ICCPR and ICESCR, 1966 which are binding to the government of India.
JL Sarkar of the University brought out the point that although the right to self determination is an international human rights, there is also certain duties attached to it.
The duty is to maintain peace and harmony, he added.
Sarkar further pointed out that self determination not only means separation but also merger and cited the example of Sikkim.
Sikkim was never a part of India but it is a part of our country now, he added.
Another speaker Mridula Devi while deliberating on the subject in the context of the northeast said that there should be a line drawn between the terrorism and national liberation movement and said that there should be more discussion on the topic so that ignorance about the RSD could be removed.
PCG leader Senior advocate Arup Borbora as the main speaker talked about the binding nature of the common artcile 1 of the the two 1966 Covenants- the right to self determination article.
Professor N Sanajaoba cited the Puerto Rico case of the USA.
The former Spanish colony which had been annexed by the USA in 1898 had conducted as many as four referenda in 1967, 1993 ,1997 and 1998 in relation to its political status.
Majoirty of the people voted in favour of commonwealth status and not for independence from the USA.
However, two strong independence outfits- one proclaimed socialist and another, continued armed struggle against the USA occupation for long time.
In 2005 a leader Rios had been shot down by 300 FBI shooters and rallies followed till 2006 in the New york and Puerto Rico University.
However, the UN De-colonisation committee [c-24] in June 2006 passed strong resolutions moved by Cuba and Venezuela, urging upon the USA government to expedite the self determination of the people of Puerto Rico.