PE2135/F: Implement the International Covenant onCivil and Political Rights (ICCPR) in Scottish legislation Ewan Kennedy written submission, 11 June 2025

I have been following developments regarding the above petition, and trust that you

will accept this submission to the Committee. I do not claim to be an expert, but note

in passing that in 1968, the year that the Covenant was signed by the UK, I

graduated in Jurisprudence and went on to study further at the Hague Academy of

International Law. Because of that I have retained an interest and for many years

combined being a part time academic with practicing law as a Glasgow solicitor.

Since that time much of the Covenant has been incorporated into domestic UK law. It

is a long established cornerstone of the principles necessary to support modern

democracies. I will not lengthen this submission with references to statements by our

representatives in support of it, but simply suggest that it would be impossible to find

a current MP or MSP who would deny the validity of any of its provisions.

I have read the responses to the Petition from the Scottish Government and SPICe

with interest. Frankly, I find the former unhelpful; having noted briefly that the

majority of rights, unspecified, under the Covenant have been incorporated, nothing

further will be supported. The response from SPICe, with respect, correctly states

the principles under which the devolved legislative process operates, but does not

specifically focus on the tricky issue of Article One, which for convenience I quote in

full:

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.

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.

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.

I suggest that Article One is perhaps the only one of the numerous provisions in the

Covenant that may raise the issue of legislative competence under the rules around

the devolved settlement. I am as aware as anyone else of the ruling by the UK

Supreme Court in the Referendum case, and that it must be regarded as final and

binding. As I understand matters, however, the Petitioner does not seek that

Holyrood should do anything so self-defeating as to repeat that exercise. In essence

he simply asks for acceptance of a principle already accepted universally by all

civilised countries, and by all (one hopes!) of our elected representatives.

I suggest that SPICe be requested to return to the subject and prepare a detailed

analysis for further discussion on how Article One could be handled in Holyrood

when the Committee decides to support it, which I trust they will.