#ScottishUDI explained

The term #ScottishUDI refers to a process by which Scotland's independence might be restored. To date, it is the only such process to have been identified. All of the nominally pro-independence parties talk a lot about 'winning' or 'gaining' independence. None of them has explained exactly how they hope to achieve this. They have no credible plan. The have no concrete proposals. They identify no process. #ScottishUDI is the process they would talk about were they not fearful of the British state's reaction. It is the only process by which Scotland's independence might be restored.

Our right of self-determination

Restoring Scotland's independence is often characterised as a 'journey'. (Evidently, a very leisurely trip!) It is not a journey at all. It is a fight. It is a fight against imperialism and colonialism and subordination and exploitation. It is a fight for our country, our culture, our democracy, our future. It is a fight for our human rights.

Traditionally, politicians and their parties have talked of restoring Scotland's independence in very simplistic manner. We have a referendum and then we have our independence. As simple as that! I have long maintained that we have two battles to fight and win if our independence is to be restored. Before we can fight the battle for independence, we must win the battle for a means by which to exercise our right of self-determination. To restore Scotland's independence, the people must exercise the right to determine the constitutional status of their nation and choose the form of government which they calculate best serves their needs, priorities and aspirations.

Our right of self-determination is not denied. Even the British state has conceded our right of self-determination. What is being withheld from us is the means to fully and effectively exercise that right. In this, the British and Scottish governments are complicit. But it is the Scottish Government which is most culpable, because as the government that is actually elected by the people of Scotland, it is most responsible for ensuring that we have access to our human rights.

Two battles

The #ScottishUDI process recognises that there are two battles to be won. The fight to restore Scotland's independence cannot be concluded until the fight to access the full and proper exercise of our right of self-determination has been won.

There is no way to access the full and proper exercise of our right of self-determination within or through the legal and constitutional framework developed under the imperative to preserve the Union. That is a matter of simple logic. Why would a legal and constitutional framework that is intended to safeguard the Union include a means by which the Union might be put in jeopardy? If such a 'loophole' should arise, surely it would immediately be shut down?

The #ScottishUDI process recognises that the route to the exercise of our right of self-determination must lie outside the local (British*) legal and constitutional framework while remaining within the bounds of international law. In the matter of our human right of self-determination, international law takes precedence over local law. Where local law impedes access to or constrains the exercise of a human right such as self-determination, international law provides a remedy.

The #ScottishUDI process further recognises that in matters of constitutional law, it is better to defend an unassailable position than challenge a powerful opponent. why sally forth from an impregnable stronghold and risk defeat at the hands of an opponent with a huge advantage when one can stay safe while allowing the enemy force to break itself against your unyielding walls?

Our human rights

The right of self-determination being a human right, it is easily defended. The right of self-determination must include the right to exercise that right, or it would be meaningless. Impeding access to the exercise of the right of self-determination is, therefore, a breach of our human rights. As is failure to facilitate such access by those responsible for doing so.

There being no free access to the full and proper exercise of our right of self-determination provided by the British system, and no possibility of same, it falls to Scotland's own democratic institutions to rectify this deficiency. It is for the Scottish Government and Parliament to provide access. However, the Scottish Parliament is prevented from providing the means by which to exercise the right of self-determination by the fact that the British state is withholding legislative competence in matters relating to the constitution. The Scottish Parliament - the real Parliament of Scotland - is legally obliged by imposed British law to be complicit in denying the people of Scotland access to what may be regarded as the most fundamental human right of all - the right of self-determination.

Legislative competence

The only way the Scottish Parliament can acquire the legislative competence to provide access to the exercise of our right of self-determination is the assert it. To take it in defiance of the British state. Take it and dare the British state to try and take it away again.

Asserting legislative competence in this way serves a dual purpose. Firstly, and most obviously, it frees the Scottish Government to legislate on constitutional matters. More specifically, it allows the Scottish Parliament to legislate for a procedure by which the people of Scotland can at last exercise our right of self-determinationn as the Charter of the United Nations intends.

Secondly, the Scottish Parliament asserting legislative competence in matters relating to the constitution - effectively 'unreserving' those powers - throws down a gauntlet before the British state. It dares the British state to attempt to retake that which was always ours by right and which has merely been repossessed by the Scottish Parliament, where it should have been all along.

Defiance not compliance!

Rather than challenging the British state through the courts on arcane matters of ancient law as some suggest, Scotland dares the British state to challenge our inalienable human right of self-determination. We take up a position in the fortress of international law and invite the British state to try and break down the walls of that fastness in pursuit of an imperialist, colonialist agenda.

This very basically is how Norway broke free of the union with Sweden in the early years of the 20^th century. They broke the rules of that imposed political union to take what was rightfully theirs, and defied Sweden's ruling elite to try and retake it. The Swedish ruling elite chose to back down. There is a very good chance that the British state will do likewise in the face of a similar challenge to its imposed authority. The Swedes backed down from fear of a war which the Swedish people would not support. The Brits may well back down for fear of being humiliated in the International Court of Justice.

Ending the Union

The next stage in the #ScottishUDI process is for the Scottish Government to draft a proposal to end the Union subject to the approval of the Scottish Parliament and ratification by the people of Scotland in a referendum entirely made and managed in Scotland. Then the campaigning begins.

More astute readers will have noted that the two steps of asserting legislative competence and tabling a proposal to end the Union can readily be combined, with the proposal acting as the assertion. Whether it is preferrable to do it this way is open to debate.

Manifesto for Independence Petition

Crucial to this entire process is the Manifesto for Independence. Let me put it this way, if we go into the 2026 Holyrood election without the Manifesto for Independence, Scotland's cause will come out of that democratic event with nothing. Another opportunity will have been squandered. Every such opportunity can only safely be assumed to be the last.

To make the 2026 election work for Scotland's cause, it is essential that all (nominally) pro-independence parties adopt exactly the same manifesto commitment on the constitutional issue. On thus can the election function effectively as a de facto referendum. Having a common Manifesto for Independence means that every vote for a pro-independence party counts as a vote for the same manifesto commitment. It creates something close to the binary characteristic of a referendum.

The leaderships of the nominally pro-independence parties will not willingly adopt a Manifesto for Independence which will require that they confront the British state. It must be made clear to them that the alternative is confrontation with the people of Scotland.

The Manifesto for Independence Petition is the means by which the independence movement can combine to instruct the party leaderships to incorporate the Manifesto for Independence in their election manifestos on pain of being declared an electoral pariah.

For the sake of Scotland's cause and future generations of Scots, I urge everyone who wants our independence restored to sign and share this petition.