The Zomi Human Rights Foundation (ZHRF) seriously expresses their deep concern about the subjugation of peoples/nations to alien subjugation, domination and exploitation by the colonialists /neo-colonialists on the occasion of this Week of Solidarity for all Colonial Territories Fighting for Freedom, Independence and Human Rights (25 – 31, May, 2009)
The National Liberation Movement (NLM) recognized by International law had, since the second half of the twentieth century, strengthened, catalyzed and expedited the world-wide decolonization process of the dependent, colonized peoples, nations and countries, which was set up in accordance with resolution No.1640 (XVI) of 27th November, 1961 of the UN General Assembly. This Committee of 24 monitors the speedy action of the de-colonization process, informs the UN security council of the development and also determines when a territory becomes independent.
The United Nations has laid down the general principles of International law relating to the Right of the Nation or Peoples to Self-Determination urgently on a number of occasioms.Some the significant decisions taken by the UN for the expedited process of decolonization of dependent, colonized peoples, nations and countries are presented below for appraisal. The Vienna Conference on Human Rights also re-affirmed in 1993.
The General Assembly of United Nations made a declaration 14th December, 1960(Resolution No.1540 (XV) entitled, “Declaration on the Granting of Independence to Colonial countries and Peoples”.
The Assembly had considered the passionate yearning for Freedom in all dependent peoples, the increasing conflict resulting from the denial or impediments in the way of the freedom of such peoples, the needs of putting an end to colonialism, irresistibility and irreversibility of the process of liberation, emergence in resent years of a large number of dependent territories into freedom and independence, and the historical facts that all peoples have an inalienable right to complete freedom, exercise of their sovereignty and integrity of their national territories. After solemnly proclaiming the necessity bringing to a speedy and unconditional to colonialism in all its forms and manifestations the General Assembly declares that:
1. The subjugation of peoples to alien subjugation, domination and exploitation constitutes a denial of Fundamental Human Rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of World Peace and Co-operation.
2. All peoples have the right to Self-Determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
3. Inadequacy of political, economic, social or educational development should never serve as a pretext for delaying independence.
4. All armed actions or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peace fully and freely their right to complete independence; and the integrity of their national territory shall be respected.
5. Immediate step shall be taken, in Trust and Non-self-Governing Territories or all other territories, which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction to race, creed or colour, in order to enable them to enjoy complete independence and freedom
6. Any attempt at the partial or total disruption of the national unity and territorial integrity of a country is incompatible with the purpose and principles of the Charter of the United Nations.
7. All the states shall observe faithfully and strictly the provisions of the Charter of the United Nations….
Apart from the above Declaration made by the United Nations General Assembly, some articles of the provision of the African Charter on Human and Peoples’ Rights, which was adopted at Nairobi Conference on 26th June,1981,by the African members of the Organization of African Unity as hereunder:
Art.19. All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
Art.20. All peoples shall have the right to existence. They shall have unquestionable and inalienable right to Self-Determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bond of domination by resorting any means recognized by the international community.
All peoples shall have the right to assistance of state parties to the present Charter in the liberation struggle against foreign domination, be it political, economic or cultural.
Art.22. All peoples shall have the right to their economic, social and cultural development with the due regard to their freedom and identity and equal enjoyment of the common heritage of mankind.
The aforesaid Declaration had the objective in the immediate abolition of the domination of any people by any alien people in whatever form of manifestation the domination had brought about.The independence to be derived after the exercise of the right to Self-Determination shall be political, economic and cultural. In further re-affirmation of the right to self-determination, the United Nations General Assembly more firmly established the above right in the resolutions passed since 1966 to 1974 viz, resolution no.2189 (XXI) of December,1966; 2326 (XXII) of December,1967; 2465 (XXIII) of 20 December,1968; 2548 (XXIV) of 11 December,1969; 2078 (XXV) of 14 December,1970; 2878 (XXVI) December,1971; 290 (XXVII) of 2 November,1972; 3163(XXVIII) of 14 December,1973; and 3228 (XXIX) of 16 December,1974.
The programme of action for the full implementation of the said Declaration on the granting of independence to countries and peoples (Resolution No.2621 (XXV) of 12 October, 1970, General Assembly) has crystallized the UN anti-colonial doctrine into action agenda, as enunciated below:
1. The continuation of colonialism in any of its forms of manifestations is crime which constitutes a violation of the Charter of the United Nations, the Declaration on the Granting of Independence to colonial countries and peoples and the principles of international law.
2. Colonial peoples have the inherent right to struggle by all necessary means at the disposal against colonial powers which suppress their aspiration for freedom and independence.
3. Member states should render all necessary moral and material assistance to the peoples of colonial territories in their struggle to attain freedom and independence.
4. All freedom fighters under detention should be treated in accordance with the relevant provisions of the Geneva Convention relating to the treatment Prisoners of War, 1947.
The National Liberation Movement (NLM) recognized by International law had, since the second half of the twentieth century, strengthened, catalyzed and expedited the world-wide decolonization process of the dependent, colonized peoples, nations and countries, which was set up in accordance with resolution No.1640 (XVI) of 27th November, 1961 of the UN General Assembly. This Committee of 24 monitors the speedy action of the de-colonization process, informs the UN security council of the development and also determines when a territory becomes independent.
The United Nations has laid down the general principles of International law relating to the Right of the Nation or Peoples to Self-Determination urgently on a number of occasioms.Some the significant decisions taken by the UN for the expedited process of decolonization of dependent, colonized peoples, nations and countries are presented below for appraisal. The Vienna Conference on Human Rights also re-affirmed in 1993.
The General Assembly of United Nations made a declaration 14th December, 1960(Resolution No.1540 (XV) entitled, “Declaration on the Granting of Independence to Colonial countries and Peoples”.
The Assembly had considered the passionate yearning for Freedom in all dependent peoples, the increasing conflict resulting from the denial or impediments in the way of the freedom of such peoples, the needs of putting an end to colonialism, irresistibility and irreversibility of the process of liberation, emergence in resent years of a large number of dependent territories into freedom and independence, and the historical facts that all peoples have an inalienable right to complete freedom, exercise of their sovereignty and integrity of their national territories. After solemnly proclaiming the necessity bringing to a speedy and unconditional to colonialism in all its forms and manifestations the General Assembly declares that:
1. The subjugation of peoples to alien subjugation, domination and exploitation constitutes a denial of Fundamental Human Rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of World Peace and Co-operation.
2. All peoples have the right to Self-Determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
3. Inadequacy of political, economic, social or educational development should never serve as a pretext for delaying independence.
4. All armed actions or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peace fully and freely their right to complete independence; and the integrity of their national territory shall be respected.
5. Immediate step shall be taken, in Trust and Non-self-Governing Territories or all other territories, which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction to race, creed or colour, in order to enable them to enjoy complete independence and freedom
6. Any attempt at the partial or total disruption of the national unity and territorial integrity of a country is incompatible with the purpose and principles of the Charter of the United Nations.
7. All the states shall observe faithfully and strictly the provisions of the Charter of the United Nations….
Apart from the above Declaration made by the United Nations General Assembly, some articles of the provision of the African Charter on Human and Peoples’ Rights, which was adopted at Nairobi Conference on 26th June,1981,by the African members of the Organization of African Unity as hereunder:
Art.19. All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
Art.20. All peoples shall have the right to existence. They shall have unquestionable and inalienable right to Self-Determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bond of domination by resorting any means recognized by the international community.
All peoples shall have the right to assistance of state parties to the present Charter in the liberation struggle against foreign domination, be it political, economic or cultural.
Art.22. All peoples shall have the right to their economic, social and cultural development with the due regard to their freedom and identity and equal enjoyment of the common heritage of mankind.
The aforesaid Declaration had the objective in the immediate abolition of the domination of any people by any alien people in whatever form of manifestation the domination had brought about.The independence to be derived after the exercise of the right to Self-Determination shall be political, economic and cultural. In further re-affirmation of the right to self-determination, the United Nations General Assembly more firmly established the above right in the resolutions passed since 1966 to 1974 viz, resolution no.2189 (XXI) of December,1966; 2326 (XXII) of December,1967; 2465 (XXIII) of 20 December,1968; 2548 (XXIV) of 11 December,1969; 2078 (XXV) of 14 December,1970; 2878 (XXVI) December,1971; 290 (XXVII) of 2 November,1972; 3163(XXVIII) of 14 December,1973; and 3228 (XXIX) of 16 December,1974.
The programme of action for the full implementation of the said Declaration on the granting of independence to countries and peoples (Resolution No.2621 (XXV) of 12 October, 1970, General Assembly) has crystallized the UN anti-colonial doctrine into action agenda, as enunciated below:
1. The continuation of colonialism in any of its forms of manifestations is crime which constitutes a violation of the Charter of the United Nations, the Declaration on the Granting of Independence to colonial countries and peoples and the principles of international law.
2. Colonial peoples have the inherent right to struggle by all necessary means at the disposal against colonial powers which suppress their aspiration for freedom and independence.
3. Member states should render all necessary moral and material assistance to the peoples of colonial territories in their struggle to attain freedom and independence.
4. All freedom fighters under detention should be treated in accordance with the relevant provisions of the Geneva Convention relating to the treatment Prisoners of War, 1947.