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OPEN LETTER TO OUR FIRST MINISTER

Writer's picture: dyounger6dyounger6

By Leah Gunn Barrett


In its first weeks, the Starmer government has introduced funding cuts that have precipitated Holyrood spending cuts and approved Ofgem plans to transfer renewable power from Scotland to England, with no benefit for Scots. On top of that, the Secretary of State for Scotland announced he will bypass the Scottish administration and use direct funding to further undermine the devolution settlement and there’s talk about ending universal services like free prescriptions and university tuition. 

It’s clear that the UK government doesn’t respect Scottish sovereignty which lies with the people. But our own administration claims it’s powerless to act. So we the People must apply maximum pressure on Scotland’s elected representatives to push back against the colonial power by incorporating the International Covenant on Civil and Political Rights (ICCPR) into Scots law, which would give the Scottish People the right to hold referendums on devolved legislation, breathing life into the principle of Popular Sovereignty. 

If you would like to also sign the letter to the First Minister requesting enactment of the International Covenant on Civil & Political Rights (ICCPR), please go to https://wecollect.scot/contact/ and copy and paste the following text in the message box: “I would like to add my signature to the RSS letter to the First Minister about ICCPR enactment”. Your signature registration will be confirmed by e-mail but your e-mail address will remain confidential. 


Dear First Minister, Your government has acknowledged that the Scottish People are sovereign and has confirmed that “popular sovereignty remains the best way of ensuring good government for current and future generations of people who live in Scotland.”[1]

Popular Sovereignty was codified in the Claim of Right 1689, a pre-condition of the 1707 Treaty of Union, which has been endorsed by the Scottish Parliament and the Westminster Parliament[2] both of whom recognise “the sovereign right of the Scottish people to determine the form of government best suited to their needs.”[3]However, Popular Sovereignty requires that the People have direct political rights, such as the right to popular referendums, without which they are unable exercise their sovereignty. These rights aren’t part of UK law despite the UK Government ratifying the International Covenant on Civil and Political Rights (ICCPR) back in 1976. ICCPR, Article 25, commits the UK to guaranteeing civil and political rights and Popular Sovereignty is the “other form of government best suited to our needs.”

The UN Human Rights Committee (UNHRC) has repeatedly criticised the UK government for failing to legislate political rights but recently praised the Scottish Government for enacting into Scots law another UN convention ratified by the UK, the UN Convention on the Rights of the Child, which the UK has also failed to incorporate into domestic law.

There are no legal reasons why the Scottish Government can’t do the same for ICCPR. Under the Scotland Act 1998, “observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law” are not reserved.[4]  

Incorporating political rights into Scots law, as recommended by the Scottish Human Rights Commission[5], would give the Scottish People the power to accept or refuse proposed devolved legislation via a Referendum. Without political rights, Popular Sovereignty is meaningless.

Furthermore, legislating for political rights would be a significant step towards a more consensual form of government than the Westminster model. It could give an immediate boost to the entire independence movement and offer a compelling argument in favour of the independence parties during the 2026 election.  

Thank you for your consideration. Please feel free to contact us if we can provide any further information. 

On behalf of Respect Scottish Sovereignty (RSS),

Henry Ferguson - wecollect.scot

David Younger - Scotlanddecides.org

Leah Gunn Barrett - DearScotland.substack.com


[2] Anon, 1988. A Claim of Right for Scotland, Edinburgh: [The Campaign]. The Scottish Parliament endorsed the Claim of Right on 26 January 2012, 28 March 2017 and 10 January 2023. The House of Commons endorsed the Claim of Right on 4 July 2018

Leah Gunn Barrett

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