Entitlement and Locus Standi of Baloch to Approach the Canadian Court against Barrick Gold Mining Company, in Perpective of Baloch’s Right of Self-determination
I would like to invite the kind attention of Canadian Baloch to knock the door of Canadian Courts against the Canadian Barrick Gold Mining Company and Federal government of Pakistan, precisely because due to agreement of Barrick Company and Federal government of Pakistan the inherent rights of Baloch indigenous peoples are being seriously infringed .
It’s an admitted fact that when Pakistan has invaded Balochistan on 27.3.1948 by dint of aggression, the baloch peoples have launched a resistance movement for decolonization which is in toto according to articles 1and 55 of the Charter of united nations, in this regard, we have to read and refer the following Resolutions in conjunction with the Declaration on the Right to Development (1986):
1. The Resolution 626 (VII) December 21, 1952 referred to ” a right of peoples freely to use and exploite their natural wealth and resources wherever deemed desirable by them for their own progress and economic development .
2. General Assembly Resolution (1315)
3. The General Assembly,December 12,1958.Wherein it was established a commission on permanent sovereignty over natural wealth and resources as an element of the right of self-determination .
4. General Assembly Resolution 1803 (XVII) Dec.14,1962 , on permanent sovereignty over natural wealth and resources.
5. The Declaration on the Right to Development (1986)
That it would be pertinent to express here that the declaration is not, itself, a legally binding instrument. But its preamble, however, expressly refers to the purpose and principles of United Nations Charter and thus it may be regarded as an authoritive interpretation of the Charter.
It also contains a series of principles and rights that are based on human rights instruments and standards enshrined in other international instruments that are legally binding. Such as the International Covenant on Civil and Political Rights and International Covenant on Economic,Cultural and Social Rights.Both the ICESCR and ICCPR enshrine the right of self-determination entitles all peoples to freely pursue their economic, social and cultural development.
The Declaration on the Right to Development refers to the right to development as an inalienable human right by virtue of which every human person and all peoples are entitled to participate.
Keeping in view the hereinabove mentioned Resolutions and the Declaration on the Right to Development of 1986, and the characteristics background of Baloch’s struggle of self-determination ,entile Baloch to Approach and knock the door of Canadian Courts against the Barrick mining company of Canada accordingly.
Kachkol Ali Human Right lawyer
Soster Mathildesgate Lorenskog