Give us the tools, First Minister
I just sent this letter to the 3 main unionist papers here in Scotland as well as to The National. I hope at least one picks it up but I’m not holding my breath.
It’s vital that each and every one of us contacts as many friends, colleagues and family members as we can and urge them to sign this petition. We the Scottish People must demand from our elected representatives our international human rights.
Westminster will do everything in its power to deny us our direct political rights and our right to self-determination, both of which are in the International Covenant on Civil and Political Rights (ICCPR). We cannot and will not allow Holyrood to deny them to us, as well.
A petition (PE2135) has just been published on the Scottish Parliament website, calling on the Scottish Parliament to urge the Scottish Government to ensure, before the next Holyrood election, that the International Covenant on Civil and Political Rights (ICCPR) is given full legal effect in the devolved law-making process. It is open for signing now.
Respect Scottish Sovereignty (RSS), the grassroots group behind the petition, believes Direct Democracy provides the only tools by which to achieve Scotland’s stated constitutional goal of Popular Sovereignty. RSS seeks to convince MSPs to legislate in favour of internationally recognised Political Rights, ratified by the UK in 1976 but never implemented in Scots law. Without direct political rights, popular sovereignty is completely meaningless because the People have no power with which to hold government to account.
In a month, ScotGov must publish an official response on Parliament’s petition website and send it to RSS for comment. The parliamentary research centre, SPICe, will publish a briefing on the Holyrood website. Once received, the Citizen Participation and Public Petitions Committee (CPPPC) will consider the Petition, the Scottish Government response and the SPICe briefing, and agree on further action.
The UN Human Rights Committee (UNHRC) has criticised the UK since 2008 for failing to enact ICCPR and the Scottish Human Rights Commission (SHRC) stated in 2020 that “The Scotland Act 1998, which established the Scottish Parliament, requires both the Scottish Parliament and Scottish Government to observe and implement all of the UK’s international human rights obligations.” Both organisations repeated their criticisms in early 2024.
At the SNP conference First Minister Swinney said, “I have complete faith in the people of Scotland to take the right decisions about their future. If we give them the tools, they can build whatever country they want.”
Give us the tools, First Minister.
There is some serious confusion here. Firstly, "Scotland’s stated constitutional goal" is independence - the dissolution of the Union. It makes no sense to say that the goal is "Popular Sovereignty" because we already have that. That the people of Scotland are sovereign is both a constitutional fact and an abiding principle underpinning Scotland's democracy.
The problem is not that we don't have popular sovereignty, but that the Union imposes 'artificial' constraints on our exercise of that sovereignty. Most notable - and most pertinently - the Union allows the coloniser to limit and/or obstruct the exercise of our right of self-determination. This despite the fact that self-determination is arguably the most fundamental human right.
Correctly stated, Scotland's constitutional goal is the restoration of independence. That is to say, the constitutional status which permits the full and proper exercise of all our rights as the sovereign people of Scotland. In short, liberation.
Stating that the constitutional goal is "Popular Sovereignty" would only make some kind of sense if the term 'popular sovereignty' were being used as a synonym for independence. Which it is not.
(Neither is the term 'self-determination' a synonym for independence, although it is depressingly frequently used as if it was. If independence is what is meant, say independence. Don't get me started on the non-word 'indy'! Reducing a major issue to baby-talk! Ugh!!!)
So, for the moment let us assume that what is being claimed is that incorporating the International Covenant on Civil and Political Rights (ICCPR) into Scottish law would institute in Scotland the "Direct Democracy" which it is further claimed "provides the only tools by which to achieve Scotland’s stated constitutional goal of [independence]".
This is nonsense. For a start, incorporating ICCPR into Scots law might enable us to begin the process of instituting direct democracy. But there being no such thing as magic, this would necessarily be a protracted process. It would require a considerable amount of further legislation. More importantly, it would demand a huge amount of public education. The notion that a Swiss-style system of direct democracy can be introduced in Scotland 'overnight' is just plain ridiculous.
And it does precisely nothing for Scotland's cause. There may be many excellent arguments for incorporating ICCPR into Scottish law, but progressing the restoration of our independence definitely isn't one of them. Incorporating ICCPR into Scottish law leaves the constitutional issue precisely where it is now. Because it does nothing to address the matter of legislative competence.
The day before ICCPR is implemented, the Scottish Parliament has no legislative competence in the area of the constitution because this legislative competence is withheld by the British state using the power afforded it by the Union.
The day after ICCPR is implemented, the Scottish Parliament has no legislative competence in the area of the constitution because this legislative competence is withheld by the British state using the power afforded it by the Union.
NO CHANGE!
The petition also demands that the ICCPR be implemented "prior to the next Holyrood parliamentary election". It is not immediately obvious that this is even possible. What is clear is that it gives the Citizen Participation and Public Petitions Committee a reason/excuse to knock back the petition if that is what they are minded to do.
I stress that I see no objection to implementing ICCPR in Scotland. In the longer term, it may prove to be a good thing. What I object to very strongly is the petition being sold as if it is a solution to the constitutional issue. It is not! I object because things like this serve only to distract and divert independence supporters and activists from initiatives which do serve Scotland's cause.
Sign the RSS petition, by all means. But if you are signing under the illusion that you are helping Scotland's cause, you are misguided.
The focus must surely be on restoring Scotland's full self-government and the return of Scotland's independent statehood.
Or, more specifically, on the process by which that end (of the Union) will be achieved.
The detailed constitution of the country, and form of democracy, can and should be discussed and decided upon. But after the prime objective of Scotland's Cause has been realised.