First of all, it refers to the right of colonial people ruled by imperialism to obtain national independence, and also refers to the right of a nation to decide and handle its own affairs without interference from foreign rule. All ethnic groups have the right to self-determination. According to this right, all ethnic groups should freely decide their own social, political and economic systems, free from external oppression and interference. In modern international law, the right of national self-determination is a legal right guaranteed by international law.
According to Stalin's definition, "a nation is a stable * * * identity formed by people in history, with * * the same language * * the same region * * the same economic life * * * the same culture * * and the same psychological quality" (Complete Works of Stalin, Volume 2, page 294). Nationalism is the product of the development of capitalism. In the process of forming a nation-state in Europe in the19th century, nationalism played a progressive role in promoting the formation of a nation-state. Nationalism at that time was mainly anti-feudal and belonged to the category of bourgeois democratic revolution.
When capitalism developed to the stage of imperialism, the national self-determination movement was mainly the national reconciliation movement of colonies and dependent countries against imperialist rule and oppression. Lenin actively supported the national liberation movement, vigorously advocated the right of national self-determination, and theoretically expounded that the oppressed national liberation movement was an ally of the proletarian socialist revolution, and there was a mutually supportive relationship between them. The national liberation movement developed rapidly with the support of proletarian internationalism. However, until the end of World War II, national self-determination was only a political principle, not a legal right.
After World War II, the right of national self-determination entered a new stage of development. Paragraph 2 of Article 1 of the Charter of the United Nations clearly stipulates that "developing friendly international relations based on respecting the principle of equal rights and self-determination of people" is one of the purposes of the United Nations. With the vigorous development of the post-war national liberation movement, colonies and dependent countries have declared their independence and joined the United Nations as sovereign countries. By the end of11950 s and the beginning of11960 s, newly independent and former independent former colonial and semi-colonial countries occupied an overwhelming majority in the United Nations. Under their influence, the United Nations General Assembly has adopted a series of resolutions since 1958, affirming the right of national self-determination. The most important of these is the Declaration on the Granting of Independence to Colonial Countries and Peoples adopted by the United Nations General Assembly at its 15 session on February 14, with 89 votes to none and 9 abstentions. This declaration established the right of national self-determination as a legal right, and made detailed provisions on the right of national self-determination under the title of "the principle of equal rights and self-determination of people". Subsequently, the General Assembly adopted a resolution on127 October, and established a special committee composed of 17 countries to implement the provisions of the Declaration. 1962 the Committee was expanded to 24 members. In addition, the more important documents supporting national self-determination are: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the United Nations General Assembly on February 196 16, 2006. 1970 10 Declaration on Principles of International Law concerning the Establishment of Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations and19581February/February/2,1965 12.
By the 1980s, the former colonies and dependent countries in the world had basically achieved political independence. However, as hegemonic and racist countries still ignore the right of national self-determination and wantonly invade and ravage other countries, it is still a major task for the people of the world to continue to strive for and safeguard the right of national self-determination.
There are three subjects of national self-determination: one is the nation under colonial rule, striving for national liberation and independence; Second, ethnic groups under foreign military aggression and occupation; Third, all the people in sovereign countries. For a single nation state, the subject of national self-determination refers to a single nation; For multi-ethnic countries, the subject of national self-determination refers to the whole of multi-ethnic groups in a certain territory. In multi-ethnic countries, ethnic minorities enjoy equal rights with other ethnic groups in the same country, but generally speaking, ethnic minorities are not the main body of national self-determination, and individuals cannot advocate so-called self-determination just because they belong to a certain ethnic group.
The content of the right of national self-determination includes two aspects: First, the right of national self-determination is the right to get rid of colonial rule and establish or restore an independent and sovereign country for a nation suffering from colonial rule or foreign military aggression and occupation. As for the whole nation that has established an independent country, as a part of it, ethnic minorities have no right to national self-determination, but enjoy national autonomy within the scope of national sovereignty. 1960' s declaration on the granting of independence to colonial countries and peoples declares that "all peoples have the right to self-determination", and at the same time stipulates that "any attempt to split the national unity in part or in whole and undermine its territorial integrity is contrary to the purposes and principles of the UN Charter." Therefore, it is incorrect to interpret the right of national self-determination as the right of a nation to oppose the central government. Recognizing the right of national self-determination is consistent with respecting the sovereign independence and territorial integrity of all countries. Second, the right of national self-determination means that all ethnic groups have the right to decide their political status without external interference, freely choose social, political and legal systems suitable for their own development, freely pursue economic, social and cultural development, and freely dispose of their natural wealth and resources.
The right of national self-determination is a basic human right recognized by the international community, and it is the premise and guarantee for the full enjoyment of other human rights. Adhering to the right of national self-determination is of far-reaching significance for safeguarding the sovereignty integrity and independence of all countries in the world, opposing hegemonism and power politics, and promoting the healthy development of international human rights.
The thought of national self-determination originated from the theory of natural human rights and the theory of people's sovereignty during the bourgeois revolution. 1776' s American declaration of independence and 1789' s French declaration of human rights and civil rights are the most representative historical documents reflecting these thoughts. Marx and Engels have always been in favor of national self-determination in order to support the bourgeois democratic revolution and strive for the interests of the proletariat. During the October Revolution in Russia, Lenin put forward the thought of national self-determination with opposing national oppression and colonial rule as its core content, and linked it with the liberation struggle of the people in the colonies and dependent countries. After the Second World War, the right of national self-determination has been repeatedly confirmed and reaffirmed in a series of international documents, such as the Charter of the United Nations, the Resolution on the Self-determination of Peoples and Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Declaration on Principles of International Law, the Declaration on the Permanent Sovereignty of Natural Resources, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and is regarded as an important collective human right.
Second, the two human rights covenants.
1945 On April 25th, representatives from 5/kloc-0 countries of the anti-fascist alliance gathered in San Francisco, USA to attend the Constitutional Convention, after which they signed the Charter of the United Nations. Dong,, and others signed the charter on behalf of the government of China. The Charter "reaffirms faith in basic human rights, human dignity and value, and the equal rights of men and women and all countries" and stipulates that "promoting and encouraging respect for human rights and fundamental freedoms of all mankind" is one of the purposes of the United Nations. For the first time, the Charter affirmed human rights and fundamental freedoms in global legal documents.
1946, the United Nations Economic and Social Council established the Human Rights Commission composed of 18 member countries, and began to formulate the International Bill of Human Rights. Elena, Chairman of the Human Rights Commission? Roosevelt (then the wife of American President Roosevelt) and Zhang, Vice Chairman of China presided over and participated in the drafting. 1948 10 February 10, the United Nations General Assembly passed a resolution with 48 votes in favor, 0 votes against and 8 abstentions, officially announcing the birth of the Universal Declaration of Human Rights. This day was designated as "International Human Rights Day" by the United Nations.
Article 30 of the Declaration states that everyone enjoys all the rights and freedoms set forth in the Declaration, regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Declaration stipulates a series of civil and political rights and economic, social and cultural rights, and calls on all countries and people in the world to realize these rights. At the same time, the Declaration stipulates restrictions on the enjoyment of relevant rights.
Articles 3 to 2 1 of the Declaration relate to civil and political rights, mainly including: freedom from slavery, freedom from torture, equality before the law, freedom from arbitrary arrest, detention or exile, the right to judicial relief and public trial, the principle of presumption of innocence, the principle of non-retroactivity of criminal law, the right to privacy, reputation, freedom of movement, the right to seek asylum, nationality, freedom of marriage and property rights.
Articles 22 to 27 of the Declaration stipulate economic, social and cultural rights, and clearly point out that the realization of economic, social and cultural rights is a necessary condition for the enjoyment of personal dignity and the free development of personality. The economic, social and cultural rights listed in the Declaration mainly include: the right to work, the right to equal pay for equal work, the right to social security, the right to trade unions, the right to rest, the right to education, the right to enjoy the standard of living needed to maintain the health and welfare of oneself and their families, and the right to freely participate in social and cultural life.
The Declaration systematically put forward the specific content of basic human rights for the first time, defined the basic principles of human rights activities in the United Nations system, and had a far-reaching impact on the development of international human rights activities after World War II, which became the source of a series of international human rights conventions later formulated.
Immediately after the adoption of the Declaration, the Commission on Human Rights began to formulate international human rights conventions. From 6: 438 to 9: 54, the Human Rights Committee completed the drafts of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and submitted them to the General Assembly for consideration. After 10 years of deliberation,196612 1 6,21General Assembly finally adopted two conventions for countries to sign, ratify and join. These two conventions came into force on10.3 and March 23 respectively, from 1976 to 65438+.
The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights are collectively called the "two human rights covenants", while the Universal Declaration of Human Rights is called the "International Bill of Rights", which is the most important instrument in the international human rights field.