Twenty-first session (1984)
General comment No. 12: Article 1 (Right to self-determination)
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
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