Scottish Independence: Set the Date!

Former Ambassador, Human Rights Activist

The Scottish Government urgently needs a bold and radical approach to achieving Independence in spite of the firm London veto on a referendum. It is plain that there is no plan at present.

The Scottish Parliament has a pro-Independence majority and government. This is how to achieve Independence consistent with international law and practice.

1) Set a Date for Independence

The First Minister should write to the Prime Minister informing him that, a referendum is preferred, but if there is no prior referendum then he will invite the Scottish Parliament to declare Independence on a specified date (I suggest 14 September 2029).

State that an Independent Scotland will then hold a confirmatory plebiscite in February 2030.

2) Canvass the International Community and Tee Up a UN General Assembly Vote

Independence is not primarily a matter of domestic law. It is existence as a state by other international states. What actually makes you a state is not any domestic act, but recognition by other states, expressed formally through recognition by the UN General Assembly and obtaining a seat at the United Nations.

As part of a team from Liberation Scotland and Salvo, I have been lobbying diplomatic missions of the UN to this end for 18 months now. We have found enormous support for Scottish Independence and literally no outright hostility. What we have repeatedly met is astonishment that the Scottish government and/or the governing party the SNP, has made no effort to carry the case to the international community.

At the time of writing to the Prime Minister, the First Minister should write to the Foreign Ministers of all UN states and say the following:

1. The Scottish Government will invite its majority in the Scottish Parliament to declare Independence on 14 September 2029.
2. Scotland is a clear nation state which existed as a fully independent nation state for over 700 years, with all the formal features of a state including extensive diplomatic relations with other states. It has a clear and uncontested border with England.
3. The Scottish Government now wishes to recover the Sovereignty of the nation through the abrogation of the Treaty of Union of 1707. A supposed voluntary union can by definition be dissolved. The self-determination of peoples is an inalienable Charter right.
4. The Scottish Parliament is democratically elected. A referendum would have been preferred but the UK government refuses to agree to one, because it knows there has been a consistent pro-Independence majority for some time.
5. Scotland is ready to play its full part as a member of the international community, joining the 15 European states that have gained or regained independence since 1990, and the 65 states that have gained independence from the United Kingdom.
6. The Government of Scotland will establish clear control of its territory as of the date of Independence
7. Scotland will welcome the support of the international community in reclaiming its sovereignty, and requests assistance in obtaining a vote on recognition at the UN General Assembly in October 2030.

This should be followed up with extensive in person lobbying of member states, at the UN and other international organisations, including but not limited to the Council of Europe, OSCE, BRICS, African Union and other regional organisations.

If the Courts block expenditure this activity can be carried on without public expense but with Scottish Government endorsement, or if that is blocked with SNP/Greens endorsement. Liberation and Salvo have already proved that other nations are prepared to engage with Scottish Independence representatives right up to senior Ambassadorial level. I have done it myself. Representatives from or credentialed by Scotland’s governing parties will be still better received.

3) Planning to Secure Scotland

There needs to be a strategy in place for carrying through the Independence declaration. The single most important criterion states take into account in deciding whether to accord recognition of a state, is whether its government actually has de facto control of its territory.

This is where Catalonia failed. Its referendum was disrupted by brutality to which it had no answer. Scots must be prepared to stand for Scotland.

Advance preparation must be needed for the following to be immediately implemented on declaring independence:

1) Oaths of allegiance.

On Independence all public servants must immediately be asked to sign oaths of allegiance to the government and community of Scotland, renouncing any previous allegiance. The alternative is immediate suspension during a two week grace period to reconsider pending dismissal.

The allegiance to Scotland of public servants is essential, particularly those involved in law enforcement. Judiciary, police and security services are of the highest importance. All national civil servants, whether employed by the UK or Scottish governments, should also be requited to take the oath.

2) Establishment of central bank accounts.

The Inland Revenue is already established separately in Scotland and should be instructed to pay all revenue, both personal and corporate, into Scotland’s accounts. Other revenue collecting departments, principally customs and excise, should act similarly with all necessary arrangements planned in advance.

3) Institution of Key Ministries

Establish embryo Defence, Foreign and Home Affairs ministries with prepared key personnel

4) Institutional Arrangements for Cross Border Public Bodies

Devolution has limited the number of cross border regulatory and other bodies with authority in Scotland, but any UK ones should be told immediately they no longer have authority in Scotland and need urgently to identify their Scottish operations for full autonomy in cooperation with the Scottish government

5) Physical Control of Public Buildings

This needs to be a popular movement to regain Independence. The people should be mobilised to take physical control of all UK government buildings in Scotland, and of key institutions like the law courts and the BBC, to guard against any attempt at physical retention by unionist holdouts.

6) Blockading of the armed forces

Scottish units should be asked to take the new Oath of Allegiance. In the immediate term to avoid any repeat of tanks in George Squate, military establishments containing troops not loyal to Scotland should be subject to peaceful and friendly civilian blockade, not allowing armed forces to leave base with their weapons.

It is worth a side note that Independence support is strongest in what we historians call the fencible section of the population: where indeed it is overwhelming. The Scottish government has three years to prepare this activity: again legal challenges may mean some work has to be done outside Government structures. There is no shortage of ability or willingness in the SNP itself and the Independence movement, if the Scottish Government will seek to collaborate rather than to exclude.

Effect of This Approach

There is currently no pressure whatsoever on Andy Burnham to agree to a referendum, and every sign that the Scottish Government are content to pick up their pay checks for another five years, having pulled up their armchairs comfortably to the referendum roadblock.

By announcing a date for a declaration of independence if there is no referendum, immediate pressure would be put on Burnham to avert a constitutional crisis and a situation with potential to turn violent.

Burnham would be in a politically very weak position – all he is being asked for to avert this serious crisis is a democratic vote. There is no compelling reason to refuse the democratic vote other than naked retention of power over Scotland, but nothing is being done to highlight the issue and make it important.

Lobbying which will bring focus on Scotland’s national status and the denial of the right to self-determination will also be very uncomfortable for the UK internationally. The UK is very unpopular, not least over Gaza. Breaking up the UK as a means for opening up UN reform and the membership of the security council P5 is very desirable to much of the world. Scotland also benefits from a widespread international understanding and sympathy it has done remarkably little to exploit.

The British government position is internationally indefensible – not least because it is the opposite of the position the British government has adopted in relation to the rest of the world.

These quotes are from the British government’s intervention before the International Court of Justice in the Kosovo hearings:

“In most cases of secession, of course, the predecessor State’s law will not have been complied with: that is true almost as a matter of definition.”

And the still stronger formulation:

“Nor is compliance with the law of the predecessor State a condition for the declaration of independence to be recognised by third States, if other conditions for recognition are fulfilled. The conditions do not include compliance with the internal legal requirements of the predecessor State.”

Every Scottish nationalist should have these British government quotes hardwired into their brain. The British government argues one position abroad and a different position at home.

Being Serious About Independence

It is a logical impossibility to believe both that Scotland is a nation with the right of self-determination, and that Independence requires permission from London. The Scottish government’s attempt to hold both these incompatible positions has resulted in its current impotence.

The only way to make progress is to make plain to Andy Burnham that a straight veto of democracy and the rights of the Scottish nation will not be accepted. Ultimately Scotland will take its Independency, preferably with London cooperation but if necessary without it.

Let me put it this way. If, in the end game, you are not prepared to stand unarmed in front of a British army tank to achieve Independence, you are not actually a supporter of Scottish Independence at all.

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