Conclusions

Self-determination is now recognised as the bedrock of all human rights in international law; without self-determination all individual human rights can be breached with impunity. Furthermore, self-determination is a key to the resolution (and prevention) of scores of violent conflicts which invariably have a massive cost in terms of human life and development. The purposes of the UN (maintenance of international peace and security) will be served directly if the law of self-determination is universally implemented and South Asia is a region that seems particularly in need of conflict resolution by that means.

Notwithstanding the (deeply unimpressive) arguments of India that self-determination cannot apply to peoples in independent States, the international community must move beyond passive acceptance of the use of force to crush lawful claims to exercise the right of self-determination. The Sikhs today look to international intervention to secure their lawful rights. In words of Marino Busdachin, General Secretary of the Unrepresented Nations and Peoples Organisation, in a speech to MPs and Sikh representatives in the British Parliament in May 2004: “The international community, its members and institutions have an obligation to act where international law, including human rights and the right to self-determination is violated as seems to be the case in relation to the Sikhs in their homeland. The time to act is now”

This paper has demonstrated how the Sikhs, as a nation, have a lawful right to self-determination. It will simply not do for those who claim to operate within international law to deny this. It is hoped that the international community will recognise this in order to take forward the cause of peace and justice and the rule of law in South Asia.