International Bill of Human Rights


Self-determination is recognized as a right of all peoples in the United Nations Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, known collectively as the International Bill of Human Rights.


The United Nations Charter, ratified in 1945, placed the right of self-determination into the framework of international law and diplomacy. The charter states that one of the purposes of the United Nations is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.”. China signed and ratified the United Nations Charter in 1945 as the Republic of China, later replaced by the People's Republic of China.


The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, recognizes that everyone has the right to a nationality and that no one should be arbitrarily deprived of a nationality or denied the right to change nationality. The UDHR also recognizes the right of everyone to freedom of thought, conscience, religion and expression including the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. China voted in favor of the UDHR. 


The International Covenant on Civil and Political Rights (ICCPR) multilateral treaty with two optional protocols, commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. China signed the treaty in 1998 but has not ratified it, however it is considered binding for the Special Administrative Region of Hong Kong.


The International Covenant on Economic, Social and Cultural Rights (ICESCR) multilateral treaty commits its parties to work toward the granting of economic, social, and cultural rights to individuals, including labour rights and rights to health, education, and an adequate standard of living. China signed the treaty in 1997 and ratified it in 2001.


Article 1 of both the ICCPR and the ICESCR reads:


  1. 1.All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.


  1. 2.All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.


  1. 3.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.


Declaration on the Rights of Indigenous Peoples


Self-determination is also recognized as a right of indigenous peoples in the Declaration on the Rights of Indigenous Peoples (DRIP), adopted by the United Nations General Assembly in 2007. 


The declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues. Specifically, it "emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations", "prohibits discrimination against indigenous peoples", and "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".


Articles 3, 4 and 5 of the declaration read as follows:


  1. Indigenous 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.


  2. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.


  3. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.


While United Nations declarations are usually not considered legally binding international law, it should be noted that the declaration interprets existing international legal requirements embodied in the United Nations Charter and other international human rights treaties and was passed nearly unanimously (143 to 4, with 11 abstentions).


China voted in favor of the declaration but maintained their position that there are no indigenous peoples in China and that the declaration has no application to China. In the drafting meetings, China invoked historical arguments for all fifty-six presently designated nationalities in China, claiming that for 5,000 years China was always united with minorities living on their own lands.


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United Nations Treaties and Declarations