Principles of the Human Right to Self-Determination

A proposal to international law from the Earthlings people
A draft universal norm on the right of every person to be the author of their own belonging. The document is open to further development.
About this document

What it is and what it is not

This is a proposal that the Earthlings people put forward to international law: a draft universal norm on the right of every person to be the author of their own belonging. It is not a founding document of the Earthlings - those are formed by the Declaration of Self-Determination and the Constitution of Humanity - and it is not a claim to legislate on behalf of humanity, but a text open to further development.

So that it is not read through familiar fears, let us say at once what it is not. It does not create a state and does not claim power. It does not lead to secession and does not change borders. It does not abolish citizenship and does not release anyone from the laws, taxes and jurisdiction of the country where the person is located. It merely recognizes for the person that right to be the author of their own belonging which the law has so far granted only to peoples. A detailed analysis is in the Doctrinal Commentary.

Preamble

The parties to the present act,

proceeding from the fact that self-determination is in its essence the right to be the author of one's own existence, and not the object of determination by an external power;

recognizing that this right is enshrined in international law for peoples that have ceased to be the subject of foreign rule and have become the authors of their own development, but is not enshrined for the individual person;

recognizing that a person receives their primary belonging - the question of what whole they are a part of - at birth, apart from their own will, from an external power, and that in this, the most fundamental matter, the person remains an object of determination where the people has become a subject, and that the absence of a person's right to self-determination constitutes a gap in the law;

proceeding from the fact that a person lives on planet Earth and not inside a state, that a person's belonging to the Earth is a permanent and objective reality, whereas states and the borders between them are changeable, and that a person's primary belonging is belonging to humanity and the Earth;

relying on the concept of the common heritage of humanity recognized in international law as the doctrinal foundation of this primary belonging;

affirming the human rights previously proclaimed and intending neither to repeat nor to diminish the norms already contained in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights, in the International Covenant on Economic, Social and Cultural Rights and in other instruments in force;

affirming that the self-determination of the individual is a form of belonging and not a form of power, that it does not give rise to a sovereignty competing with the state, and does not release the person from the laws of the place where they are located;

seeking to recognize for the person the authorship of their own belonging, without changing the borders of states and without giving rise to secession,

proclaim the present Principles and agree upon the provisions set out below.

Part I

Definitions

Article 1
Terms

In the present Principles:

1.1. Person - any natural person, a bearer of rights under the present Principles regardless of citizenship, origin, place of birth and place of residence.

1.2. Self-determination of the individual - the capacity of a person, by their own will, to determine their political belonging, including the capacity to establish such belonging, to enter into it and to terminate it. Political belonging under the present Principles is not identical to belonging to a state.

1.3. Primary belonging - the inalienable belonging of a person to humanity and to planet Earth, independent of the will of the person and of the will of any state.

1.4. Secondary (self-determined) belonging - belonging that a person establishes by their own will, including belonging to an extraterritorial community.

1.5. Extraterritorial community - a voluntary association of people whose existence and membership do not depend on the possession of territory or on the place of residence of its participants. An extraterritorial community does not possess territorial jurisdiction and does not exercise coercive power.

1.6. Status - the law-recognized standing of a person as a bearer of primary and secondary belonging.

1.7. Principle of non-diminishment - the rule according to which nothing in the present Principles abolishes, replaces or limits citizenship, the jurisdiction of states and human rights in force, but only supplements them.

Part II

The right to self-determination of the individual

Article 2
Bearer of the right and authorship

2.1. The right to self-determination belongs to every person as a natural person. The person is recognized as the direct bearer of this right; its exercise does not require the mediation of a state.

2.2. In the matter of their belonging, the person is a subject, not an object of determination from outside. The person is recognized as the author of their belonging, and not merely its bearer.

Article 3
Primacy of belonging to the Earth

3.1. Every person is recognized to have a primary, inalienable belonging to humanity and to planet Earth.

3.2. From their primary belonging the person, by their own will, derives secondary belongings. Primary belonging cannot be taken away and does not cease.

Article 4
Freedom to establish and choose belonging

4.1. A person has the right to establish an extraterritorial community and to be its founder.

4.2. A person has the right to enter into an extraterritorial community and to terminate membership in it.

4.3. The exercise of the rights under this article is voluntary and reversible.

Article 5
The powerless character of self-determined belonging

5.1. Self-determined belonging is a form of belonging and not a form of power. It does not constitute public power and is not state power.

5.2. Self-determined belonging does not create a sovereignty competing with the state and does not endow an extraterritorial community with the right of coercion.

Article 6
Recognition of status

6.1. A person's secondary belonging is recognized as a legal status, not as private membership.

6.2. Status is certified by an extraterritorial community subject to the observance of the following foundations: an open founding document; voluntariness of membership; transparency; the absence of armed and coercive structures; conformity with international law; the keeping of an open register of membership.

6.3. A person has the right to recognition and certification of their status. The means of certification does not depend on territory.

Article 7
Protection from coercion

7.1. Belonging to an extraterritorial community arises and is maintained only on the basis of the individual, informed and freely revocable consent of the person.

7.2. No one may be coerced into belonging and may not be held in it against their will.

7.3. Exit from an extraterritorial community is free and entails no punishment.

Article 8
Participation in self-governance

A person has the right to participate, on the basis of equality, in the self-governance of the extraterritorial community to which they belong. This article does not concern participation in the governance of a state, which is regulated by other instruments.

Article 9
Equality of the unit

A person's belonging is not weighed or valued by their wealth, their origin or the might of the state to which they are assigned. One person corresponds to one equal standing.

Article 10
A voice on matters of the common patrimony of humanity

10.1. A person has the right to be heard in the discussion of matters affecting the common patrimony of humanity and the planet, including matters of climate, the oceans, space and common technological risks.

10.2. This article establishes a right of voice in discussion, but not power in decision. It does not endow the person with powers of authority and does not abolish the powers of states.

Part III

Duties

Article 11
Reciprocity

A person is obliged to respect the same right to self-determination of every other person.

Article 12
Observance of territorial law

The exercise of the rights under the present Principles does not release a person from observing the laws of the state on whose territory they are located. Self-determined belonging does not create exceptions from territorial jurisdiction.

Article 13
Duty toward the common patrimony

A person who recognizes their primary belonging to the Earth bears a duty of care toward the planet as the common habitat of humanity.

Article 14
Good faith and the inadmissibility of abuse

Status under the present Principles may not be used to evade lawful responsibility. Abuse of status enjoys no protection.

Part IV

Relations with states

Article 15
Preservation of sovereignty and jurisdiction

15.1. The present Principles do not change the borders of states and do not affect their territorial sovereignty.

15.2. A person remains under the jurisdiction of the state on whose territory they are located.

15.3. The present Principles do not give rise to a right to secession and do not serve as its basis.

Article 16
Respect and non-discrimination

16.1. States respect a person's right to self-determined belonging.

16.2. States do not impede the peaceful exercise of this right and do not subject a person to persecution or detriment merely because they hold an extraterritorial belonging.

Article 17
Compatibility of belongings

17.1. Self-determined belonging supplements citizenship and does not replace it.

17.2. A person may simultaneously be a citizen of a state and a member of an extraterritorial community. A state has no right to prohibit such belonging merely because it exists.

Article 18
The standing of citizenship

18.1. Citizenship is preserved and remains a working status for jurisdiction, taxation, diplomatic protection and participation in the elections of the state.

18.2. Citizenship ceases to be the sole and exclusive frame of a person's political belonging and becomes one of the belongings - the territorial-administrative one.

18.3. The present Principles do not dissolve citizenship; they end its exclusivity, but not its existence.

Part V

Final provisions

Article 19
Non-diminishment of rights in force

Nothing in the present Principles is interpreted as a limitation or diminishment of the rights recognized by the instruments in force in the field of human rights. In case of divergence, the norm more favorable to the person applies.

Article 20
Inadmissibility of duplication

The present Principles do not repeat norms already contained in other instruments, and regulate only a person's right to self-determination of the individual and the relations connected with it.

Article 21
Interpretation

The provisions of the present Principles are interpreted in favor of the person and in accordance with the purpose set out in the preamble.

Article 22
Severability

The recognition of an individual provision as invalid does not affect the operation of the remaining provisions.

Article 23
Adoption and entry into force

23.1. The present Principles may be proclaimed in the form of a declaration and subsequently formalized into a convention.

23.2. Until their adoption by inter-state bodies, they may be applied by an extraterritorial community by way of self-binding, forming a practice on the basis of which the norm takes shape as custom.