A Guest Post by Diane McWade.
Throughout the world indigenous peoples continue to face threats to their sovereignty, economic well-being and language. Their ways of knowing, and access to the resources on which their cultures depend are also under threat. This has been the case in Scotland since 1707. The ordinary Scottish people were ignored then and continue to be ignored to this day.
We must also ensure any voting franchise is fair and meets global standards. The Scottish Government should call on the UN Decolonisation Unit to supervise the entire process.
It’s already been stated by the Westminster Speaker in writing and was witnessed by many that The Scottish people have a claim of right, source: Hansard.
“That this House endorses the principles of the Claim of Right for Scotland, agreed by the Scottish Constitutional Convention in 1989 and by the Scottish Parliament in 2012, and therefore acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs.”
We do not require permission or a Section 30 order. We see no law that’s been imposed that can prevent a referendum. Only an agreement by Alex Salmond and David Cameron in 2012 to progress the vote. This was witnessed by Nicola Sturgeon. Subsequently our referendum was interfered with in many ways by persons from outwith Scotland. This cannot be permitted to happen again.
We do not require the U.K. government to control it either with their electoral commission, because it is not an election, but a vote to claim our right. So we should use our own people or international observers instead.
It’s already been stated by the Westminster Speaker in writing that The Scottish people have a claim of right. So we do not require the U.K. government to control it with their electoral commission because it is not an election, but a vote to claim our right. So we should use our own people or international experts to oversee it. They are available and require notice.
There’s never been any Purdah statement under International systems to vote in our referendum either. We saw that already in 2014 with people attending Scotland en masse from Westminster.
I don’t believe the SNP are going about the referendum with any of the proper processes in place to ensure that any vote is taken seriously by Westminster. It also has to receive international approval. This has to be addressed before any referendum goes ahead.
To summarise this agreement. Scotland’s people are sovereign and they have endorsed the Claim of Right.
Thank you for reading, please comment.
I cannot claim to have a depth of knowledge on the Claim of Rights of the Scottish People but I strongly support Independence and the return of democracy, intelligence, common decency, good conduct, fairness and transparency to a government of Scotland. My concern about the Independence process is the current government in power in Holyrood. I agree there was interference at the last Referendum from out with Scotland and all steps must be taken to stop it recurring. The SNP government has shown its propensity to ‘play dirty’ when it suits its needs and this is my main concern. What is to stop ScotGov from changing the rules about ceding power to allow free and fair elections and establishing itself as the government in perpetuity? Women have been betrayed by ScotGov and I know of many women who will not vote for Independence if the current government is in any way involved. How do we resolve this dilemma?
I agree. I have wanted an Independent Scotland for many a long year. BUT Scotland ruled by Sturgeon & cronies I certainly do NOT want. Thanks to them, it looks as though a careful Unionist plan to destroy YES SCOTLAND is well under way. We must all join the ALBA PARTY, turn our backs on Sturgeon’s SNP and continue to work towards our country’s independence.
Jan your 100% bang on the Buck
You can boil this down to it’s simplest building blocks, and it still isn’t decisive.
You might start with Scotland’s Constitution, and the binary question of whether Scotland is as we see it, a Sovereign Nation inside an International Treaty, or alternatively, is it as Westminster sees it, a Region of the UK where neither Scotland nor England technically exist.
Quite obviously, Scotland wins that binary argument hands down, because its even written in Hansard that “That this House endorses the principles of the Claim of Right for Scotland, agreed by the Scottish Constitutional Convention in 1989 and by the Scottish Parliament in 2012, and therefore acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs”.
So if we go to Court, we win! Obviously. We have a signed confession! Don’t we?
But the problem is, there is no correlation between legality and International Recognition. There is no obligation on any foreign country to recognise Scotland, no matter how strong and convincing Scotland’s arguments might be. International Recognition is the sole prerogative of the Sovereign Nation giving it, (or refusing to give it). There is no benchmark or threshold which guarantees International Recognition will follow Scotland winning it’s Constitutional argument. The only tool you have is persuasion.
Now obviously, the Constitutional relevance of Sovereignty, unlawful subjugation, and subverting Scottish democracy are of course issues of great importance when making a persuasive case seeking International Recognition, so yes it is all a vital part of the picture. In a sane world, International Recognition would indeed follow.
But understand, being democratic is not a prerequisite of International Recognition.
Being lawful or unlawful under a Nation’s own Constitution is not a prerequisite of International Recognition. Witness Catalonia.
Being lawful or unlawful under International Law, is not a prerequisite of International Recognition.
Witness Israel, or Donbas and Luhanse.
International Recognition is not cut and dried, because the “Sovereign” Nations giving it are quite literally, a law unto themselves, and they cannot be forced into it.
So what am I saying here? Are we wasting our time with the Claim of Right? Are we wasting our time holding a Referendum? Well no, and no, we are absolutely not. But rather than regarding these issues as slam dunk Scottish Independence delivered, we instead need to see them as persuasive arguments which build up the legitimacy of our claim (and undermine the legitimacy of UK sovereignty), and hopefully, PERSUADE foreign Nations to recognise Scotland when the time comes.
We of course need to trust that foreign Nations will not vexatiously deny Scotland International Recognition, but we must understand that they could. It is their prerogative.
Here in Scotland, (though nothing is guaranteed), it is likely that the UK Parliament, especially without a Section 30 Agreement, will NOT recognise Scotland’s Independence. Instead they will dispute it, and seek to encourage their allies to also dispute it. And while that argument is probably doomed in the end, there could still be a lot of grief and aggravation caused in the short term.
But, let us say for argument’s sake, that Westminster graciously accepted Scotland’s decision to end the Treaty of Union, and didn’t quibble about the detail. In those circumstances, it is very difficult to see anybody refusing to recognise an Independent Scotland.
It is not the ending of the Union Treaty which is the hardest problem to solve. It is ending the Treaty of Union while minimising Westminster’s willingness and capacity to dispute the decision and disrupt an orderly demise of the UK. Persuade England it’s in their best interests too, and we’re off to the races.
It is much better, (if it can be done), that both Scotland and England end their Union amicably by mutual consent, but where that isn’t possible, Scotland must also hedge it’s bets, and win over the International Community to still recognise Scotland as a Nation, even if Westminster is hostile to the idea.
There are three “carrots” which Scotland might dangle in front of Westminster, but you won’t like one of them.
Carrot 1. Scotland barters with the EU for a special economic status, much like the NI Protocol, and acts as a buffer state filtering English / EU Trade. We help England survive Brexit better, but they must recognise Scottish Independence so it can happen. (EFTA people won’t like this carrot, but there are other options).
Carrot 2. That in return for English recognition of an Independent Scotland, Scotland agree to a per capita share of UK debt, appropriately adjusted to reflect a reciprocal share of shared UK Resources. – Army, Navy, Air Force, gold reserves, territories etc…
Carrot 3. Nobody will like carrot 3, BUT, let us say Scotland was prepared to join NATO and agreed that Trident could stay on the Clyde for a Transitional period, now come on, stop throwing things at me, I don’t like it either. But ask yourself whether the USA would be more or less likely to give Scotland US Recognition, and give it irrespective of what Westminster might say, if NATO was strategically unaffected .
“IF” Scotland can make the end of the Union more palatable to Westminster, and actually persuade them it is in their interest, then suddenly Scotland will not be shuffling towards a contested Independence at a glacial pace, we’ll be up and off at the gallop.
Yes, yes, yes, I know Westminster relies on Scotland’s resources, so will never willingly let Scotland go. But think on people… If Scotland can make it’s Independence a reality “without” England’s consent, they’re going to lose all of those resources anyway, and their treasured seat on the UN Security Council. A drowning man will clutch at a straw.
To a Brexited England alone in the world without Scotland’s resources and produce shoring up the UK balance of trade, a benign Scotland to their North facilitating improved trade relations with Europe might just save England from the brink, win us friends in England, (and I mean real friends, not Tory disaster capitalists) and international goodwill.
(Please note: Just because I might negotiate with carrots 1,2 and 3, doesn’t mean I’d cave in. I’d drive a bloody bargain before conceding a thing, and maybe not concede at all). I’m sure I could make carrot’s 1 and 2 work out very well for Scotland. Carrot 3 I would hold in reserve to split a combined US / UK objection to Scottish Independence. With luck, it would never be needed. I don’t think the US would actually care that much.
I’m sorry to say it, but quite frankly the most unimportant and irrelevant thing to happen next is what Nicola Sturgeons Paper No 2 is going to say.
You’re screwing this up Nicola Sturgeon. Step down, please, draw a line under the division you’ve caused, and allow the YES community to heal, come together, and take the initiative with your departing blessing and a magnanimous call for unity.
Set up a Constitutional Peoples Assembly, and pledge Holyrood to respect wherever Scotland’s Claim of Right leads us. Set up Constitutional workshops. Bury the hatchet with Joanna Cherry and Martin Keatings, and let us see Lawyers for Independence rise again to challenge the Union under International Law.
Call a Constitutional Grand Assembly, and coordinate it’s ordination and swearing in to be in the open air, have the biggest AUOB March there has ever been as the YES Clans come together from all over Scotland, so the Grand Assembly is launched on it’s Constitutional mission to free our Nation against a backdrop of 100,000+ saltires, a regiment of pipers and Sikh drummers like it was 2014 on steroids with YES bikers stretching from Edinburgh to Glasgow.
Be unstoppable.
Eminently mature and rational series of suggestions Breeks .
If the people in power – who will ultimately be the main determiners of Scotland’s future as an Independent or Dependent nation ( short of some kind of popular uprising ) – were possessed of similar qualities the dissolution of the UK could be effected with minimal animosity .
Gigantic ” If ” B .
As far as international recognition goes ……I couldn’t care less . I think we would get it , as you say , sooner or later , and it would obviously be better to have it , but for me that question is not the be all and end all .
Scotland has all the resources it needs to survive , indeed , thrive . The likely main potential * victims * of non-recognition would be Capitalism ie International Traders , Banks , Investment Corps etc . Boo hoo hoo 🙂
Why couldn’t we devise systems of governance that aspired to produce happiness for citizens not based on the acquisition of material goods / money and it’s concomitant Mechanistic perception of the world ?
Thanks for the article Diane / Roddy . The * message * is definitely getting out there
Breeks, yours is the best advice Nicola Sturgeon has ever received. Be absolutely wonderful if she takes that route.
Hear hear Breeks.
Rekindle the fire, turn it into an inferno. Unstoppable!
The best way to secure international recognition and independence is for an elected nationalist parliament and government to act as if it were sovereign. I am sure we can think of many examples, such as a Scottish Nationalist Government:
– developing international ferry connections
– teaching oor ain braw Scots mither language tae Scots bairns in the schuils
– creating a Scottish Civil Service, no longer taking Whitehall’s rubbish
– applying to join EFTA and other international agreements
– appointing Scots to lead and run Scottish institutions
– organising a consultative referendum on independence, perhaps in agreement with UN agencies
– implementing controls on who (from outside Scotland) can buy land in Scotland
– developing a proper National voting franchise
– etc etc etc
Behave as if you are a sovereign people and nation and you will surely become sovereign.
Excellent Breeks. However…..I’m sure you know, well thought-out proposals like yours, pass Sturgeon by.
But that’s not to say her handlers won’t take notice. Right?
Realpolitik is indispensable!
Well said Breeks! I believe (although I don’t like it), that option 3 is the one (if any) being pursued by the SNP to placate and facilitate American hegemony. I would also add to that the adoption of the Charlotte street partners neoliberal economic approach of ‘sound finance’ – aka austerity.
If there is a plan then it is likely that the sound finance approach is a demonstration of ‘fiscal responsibility’ to the neoliberal EU, the ‘pro-banking’ approach a positive signal to London and Wall Street and of course the pro NATO stance a positive signal to London and Washington. Our resources and geographical position is a blessing and sadly a curse. I have to laugh at the argument that Scotland won’t be allowed into NATO. If only! The opposite is true – iScotland will find it very difficult NOT to be in NATO.
Never underestimate American dominion. I’ll be very interested to see what happens in South America now that more left progressive govts are being elected – it didn’t work out too well last time round thanks to Washington backed coups and interference.
It’s no different over here though. Go back to the UK’s IMF loan in 1976 to maintain the exchange rate between the £ and the $. The age of fixed exchange rates ended in 1971 and all currencies became free floating and so there was absolutely no need to maintain a certain rate against the dollar. In fact it would have been in our interest to let the currency fall, make our exports more attractive and allow for economic expansion. Washington didn’t like this and made that very clear to London and so the IMF loan went ahead.
So yeah, IF there is a plan, I’d say it is homing in on option 3 from what I can see.
I agree with the comments and I recognise that I am concerned with the steps before the processes being discussed. To my mind, the barriers to progress on Independence are sitting in Holyrood and Westminster, self-interested, uncompromising. The SNP has created a party that is careerist and ego-centric, ruled with a rod of iron to enforce discipline and prevent dissent. I am sure we all remember the strict discipline enforced by the Labour Party in Blair’s time and we know how that ended. There is a tendency towards battening down the hatches to ensure ‘good governance’, leading to most members of the governing party being excluded from policy and decision-making. This is reflected in the current political situation in Scotland. It may seem like a mere speck on the metaphorical arm that can be brushed away easily but until there is a change of government or those at the top can be reached/replaced by people who genuinely hold Scotland’s best interests at heart, I cannot see us going anywhere.
A masterful summation of the realpolitik Breeks.
Particularly keeping Carrot 3 as our ace in the hole.
It occurs to me that the case officers from the US State Department that are handling the marionettes they have recruited in NuSNP have a two part brief.
1: Prevent Scottish independence.
2: Where that proves not possible, secure an independent State compliant with American global requirements (NATO, Rosyth & Coulport, Scottish / Icelandic gap).
Yes! ABSOLUTELY, Breeks. Absolutely top class advice to Nicola Sturgeon. Even I would be willing to ‘come together’ and I’m not at all disposed toward those supporting women being erased from society.
Yes… The VP Dholies are ace! *thumbs up!*
But will Nicola be willing to do something so radical? I don’t think so. She, Robertson, Smyth, etc…. my gut tells me there’s something not right about them and I just don’t trust them to do what the people want. I don’t think it’s just Nicola… They’re in on whatever is going on, too…
I think Sara, SALVO & SSRG are going to have to hold their Assemblies & we the people have to get out there and listen and ‘DO’. Nicola will have to be frightened into doing SOMETHING or she loses her power and the PEOPLE do it & sack her Govt. We have to make it clear we won’t stand for her dragging her feet with drawn out ‘essays’ on WHY we need Indy. It’s time she DID stuff!
But this advice is something she really should consider!
PS: Yes! I believe Alf’s comments to be very pertinent too! It IS time to act as if we are already free and independent! In doing so, we’d be half way there! Sturgeon COULD easily be doing this – if she had the will!
Hi katielass04, what you say… it IS time to act as if we are already free and independent.
That’s why, I try to keep reintroducing “iScotland” into the now tense in talk.
Right now I am sitting in my shared garden with a bonnie fire a going.
Aries is fire