Claim of Right, Act of Wrong: Is the Union a Fiction?

This week, we’re discussing Scottish independence with researcher Alex Thorburn from 🔗 Salvo and 🔗 Liberation Scotland, two civic movements developing their own strategy without waiting for approval from Westminster.

We explore Scotland’s claim to nationhood through the Claim of Right, the Treaty of Union, and their significance in the 21st century. Alex walks us through a potential route to the UN via the Decolonisation Committee (C24), and makes the case that Scotland could assert its sovereignty.

We recall times when Scotland asserted its democratic power, such as the canceled fracking plans, the nuclear waste that was kept away from Ayrshire, and when 97% of Strathclyde opposed water privatisation. These aren’t just footnotes – they’re great examples of what happens when civic Scotland gets its boots on.

Whether you’re pro-indy, undecided, or just here for the constitutional gossip, this episode offers a thoughtful look at the routes ahead, not instead of political leadership, but alongside it.

A Dive into Liberation Scotland and Salvo’s Unique Approach to Sovereignty

Our discussion delved into the current landscape of the Scottish independence movement, exploring unique approaches taken by civic movements like Liberation Scotland and Salvo, which offer an alternative route to independence that doesn’t rely on Westminster’s approval.

The Emergence of Liberation Scotland and Salvo

Alex explained that Salvo, which began in July 2022, quickly became the campaigning arm of a broader liberation movement focused on Scottish independence. The organisation’s mission is to forge an international campaign to present Scotland’s case to the UN. With approximately 8,000 members in Salvo and close to 20,000 in Liberation Scotland, the movement has been proactive despite its young age. Members participate in various teams dedicated to research, finance, administration, and more, illustrating a robust and comprehensive approach to their independence campaign.

Alex emphasised the importance of raising awareness about issues such as Freeports and the sale of Scottish land, highlighting the movement’s commitment to safeguarding Scottish resources.

A New Path via the UN

One of the key strategies discussed was Liberation Scotland and Salvo’s initiative to take Scotland’s independence case to the United Nations. The organisation is engaging with the C24 committee in Geneva via 🔗 Justice pour Tous Internationale (JPTi) , which deals with decolonisation issues. Alex’s excitement was palpable as he described this strategic move, which seeks to provide Scotland with another pathway toward independence, beyond the conventional requests for Section 30 orders from Westminster.

This new approach also aims to highlight Scotland’s plight on the international stage and garner support from other nations, potentially gaining a sponsor state to advocate for Scotland’s case. As chair of this initiative, Salvo recently sent advance notice of Scotland’s intent to the C24, with the hope of presenting its full case later this year.

Understanding the Historical Context

A significant part of our conversation revolved around the historical context of the independence movement, emphasising Scotland’s colonial experience and the claim of right. The “claim of right” from 1689 is a cornerstone of Scottish constitutional heritage and asserts the sovereignty of the Scottish people. This assertion contrasts sharply with the English concept of sovereignty, which lies with the monarch through Parliament.

Alex explained how this historic claim supports modern notions of self-determination, revealing that the enduring nature of this right invalidates any counterclaims of parliamentary sovereignty from Westminster. The assertion that Scotland was effectively colonised and its resources exploited underlines the movement’s rationale for seeking recourse through decolonisation frameworks.

Obstacles and Achievements

Throughout our conversation, the challenges faced in getting this alternative narrative onto the public stage were clear. Mainstream media apprehensions and institutional inertia pose hurdles, but the movement has seen triumphs as well. For instance, the movement’s initiatives have triggered discussions about sovereignty and self-determination beyond just the political dialogues led by traditional parties like the SNP.

Alex also touched upon various instances in history where Westminster backed down from decisions in Scotland, suggested to be instances of strategic retreat to avoid legal challenges involving Scottish sovereignty.

1. Nuclear Waste Dumping in Ayrshire

In the late 1970s and early 1980s, the UK proposed test drilling for nuclear waste storage near Loch Doon, Ayrshire. Strong local and national opposition led to the plans being scrapped.
🔗 https://scram.scot/history-of-nuclear-dumping-protests-in-scotland/

2. Privatisation of Strathclyde Water

In 1994, the UK government proposed privatising Scottish water services. Strathclyde Regional Council held a referendum: 97% voted against. The UK backed down, and water remained publicly owned.
🔗 https://www.heraldscotland.com/news/12529066.privatisation-plan-pulled-after-strathclyde-revolt/

3. Fracking in Scotland

INEOS and others planned fracking projects from 2014, but public opposition led to a Scottish Government moratorium in 2015. Following consultation, an indefinite ban was confirmed in 2019.
🔗 https://www.bbc.co.uk/news/uk-scotland-49888207

The Importance of Civic Engagement

Concluding our discussion, Alex extended an open invitation to all Scots to join the liberation movement, highlighting the Edinburgh Proclamation as a unifying call to action. The movement underscores the power of civic engagement and champions the narrative that independence and sovereignty ultimately lie in the hands of the people.

As we wrapped up the episode, it was evident that Liberation Scotland and Salvo represent more than just an alternative pathway to independence; they symbolise a broader movement for rights, self-determination, and a reawakening of Scottish constitutional heritage. Whether or not you agree with the movement’s methods or aims, it’s certainly a topic that provokes thought and discussion, shedding light on a path forward that diminishes reliance on outdated and so far unsuccessful norms, and once again, prioritises the people’s voice.

Related Links:

🔗Doun-Hauden: The Socio-Political Determinants of Scottish Independence (Book)

🔗 Liberation Scotland

🔗 Salvo

Key Facts:

Here’s a list of facts from the episode:

  • Salvo started in July 2022 and is not even three years old yet.
  • Salvo is the campaigning arm of the Liberation Scotland movement.
  • Liberation Scotland and Salvo have been working on taking Scotland’s case to the UN.
  • Salvo has about 10 or 12 teams working on various aspects of the campaign.
  • Liberation Scotland has partnered with the human rights organisation Justice for All International (JPTI) based in Geneva.
  • A free ports and Special Economic Zone team within Salvo has been informing the public about the dangers of free ports and the sale of Scotland’s land and resources.
  • Salvo currently has about 8,000 members. Liberation Scotland has around 20,000 members.
  • Salvo and Liberation Scotland presented an advance notice of their case to the UN C24 committee on March 7th.
  • The C24 committee is a UN committee that deals with decolonisation.
  • The sovereignty of Scotland is a core aspect of Liberation Scotland’s cause.
  • Scotland is a significant generator of energy (e.g., wind turbines, hydro, gas, oil) but doesn’t get the full benefits because the energy resources are sold elsewhere and to foreign companies.
  • Scotland pays the highest energy prices in Europe.
  • The sovereignty of the Scottish people is enshrined in the Scottish constitution via the claim of right, which was passed by the Convention of Estates in 1689.
  • The claim of right asserts the historic right of the Scottish people to declare acts of government unlawful if they violate certain principles.
  • Scotland’s sovereignty was never fully integrated into the Union with England as equals.
  • The Scottish Parliament was dissolved in the Union, and Scotland had to integrate into the English parliamentary system.
  • The Edinburgh Proclamation is signed by those joining Liberation Scotland, affirming the sovereignty of the Scottish people.
  • Professor Robert Black KC has supported the view that Scotland was annexed by England and not an equal partner in the Union.

These points encapsulate the main facts discussed in the episode with Alex Thorburn.

About the Author
Retired information security and IT governance specialist, certified ITIL Expert. Now a podcaster, beekeeper, speculative fiction writer, and reluctant activist. Often found dissecting policy, interrogating imagined worlds, or being quietly disappointed by reality. Equal parts pragmatist and mischief-maker. Occasionally insightful, frequently an idiot, always curious.
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