The Right of peoples to self-determinationand its application to peoples under colonial or alien domination or foreign occupation.
Joint Intervention with UNESCO Center of Catalonia
Ms. Chairperson,
Global developments demand us to reconceptualize one of the UN founding principles and rights, that of self-determination, enshrined in the UN Charter, major human rights covenants and other standard-setting instruments. The 57th UN General Assembly reaffirmed that the universal realisation of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights,[1]. This affirmation is broader in scope than that of the Commission on Human Rights, which limits its discussion exclusively to a right of peoples under colonial, foreign and alien domination.
In addressing this agenda item, Pax Romana and the UNESCO Center of Catalonia would like to draw the attention of this Commission to the following developments affecting the prevailing interpretations of the right to self-determination.
1. Globalisation and self-determination
Globalisation is transforming in an accelerated manner the current conception of nation-state based sovereignties. The progressive dilution of traditional pillars of state sovereignty, as well as the meaning and importance of borders are being relativized Under these impulses the right to self-determination can be exercised through innovative forms of power-sharing, without necessarily leading to the creation of new states. Thus self-determination is a tool particularly relevant to intra-state conflict prevention and transformation, as inter alia in the Sudan, Cyprus and Sri Lanka.
Hence we urge the Commission to reinterpret self-determination in a broad sense, as an ongoing process of choice for the achievement of human security and fulfilment of human needs with a broad scope of possible outcomes and expressions suited to different specific situations. These can include, but are not limited to, guarantees of cultural security, forms of self-governance and autonomy, economic self-reliance, effective participation at the international level, land rights and the ability to care for the natural environment, spiritual freedom and the various forms that ensure the free expression and protection of collective identity in dignity[2].
2. Self-determination and democracy
Colonisation, foreign occupation and alien domination depriving people from exercising their right to self-determination continue to exist, be it in new forms. The essence of self-determination has always been related to the promotion of democracy and good governance. No effective promotion of democracy is possible without effective participation of all peoples in democratic processes. This entails the right of people, individually and collectively, to decide on their form of government/governance, and to participate effectively in decision-making at all levels. In essence it simply means that individuals and groups should be in control of their own destinies. Their institutions should be devised accordingly. It is this ideal that promotes democratic reform in today’s world. Nowadays democracy is measured usually only by periodic elections.
Yet in modern Western democracies the voter turn out is alarmingly low. Globally women, indigenous peoples and minorities are marginalized and cannot participate equally nor effectively in decision-making. Although there are more democracies then ever before in history, citizens are showing increased dissatisfaction with their governments. This can be witnessed in the massive mobilisation of people against the Summits of the G-8 and the European Union, as well as as the world-wide support for alternative globalisation.. In this context: what is the value and the meaning of the right to self-determination?
3. Self-determination and the UN Conflict Prevention Agenda
In the aftermath of the September 11 attacks, the United Nations system, including this Commission, continue to approach self-determination issues with outdated concepts and tools. UN Security Council members rushed to equate self-determination movements with terrorists. Globally the adoption of anti-terrorist laws is being abused to criminalise any type of difference, restricting human rights and fundamental freedoms. Even in Europe physical integrity, freedom of expression and association are no longer to be taken for granted. A struggle against terrorism that ignores basic human rights and fundamental freedoms has the same result as terrorism itself, namely the suspension of the universal and common standards of humanity at all time and place, for all actors. If peace is to prevail, the struggle against terrorism needs to address the denial of all human rights, including self-determination.
As the Special Rapporteur on terrorism and human rights, Ms. Kouffa. Recalls, "to reduce terrorism" means that "all efforts must be made to address better the realisation of human rights, in particular, in relation to self-determination, racism, internal ethnic and political representation and class-based economic or cultural divisions in society. The same right has been in the forefront regarding the political participation of minorities and indigenous peoples within existing democracies of member States.[3].
While oppressed peoples place their hopes on the UN, this very institution will loose its credibility and legitimacy if it continues to ignore these challenges. Kosovo was a tragic illustration of the denial of the right to self-determination resulting in a serious erosion of all human rights. The escalation into a major conflict lead to unilateral intervention outside the UN mandate. This lesson is particularly relevant in these sad days when the United Nations is impotently witnessing the circumvention of international law.
Recommendation
In conclusion, the UN should device a conflict prevention framework balancing the exercise of self-determination with the observance of other human rights and UN Charter principles to peacefully resolve victims' claims in a regulated manner on the basis of the rule of law.
Its mere existence would delegitimize any unilateral exercise by a people of their right to self-determination, strengthen the UN' s credibility and legitimacy, as well as the effectiveness of UN conflict prevention policies and practices.
Pax Romana, therefore, recommends the Commission on Human Rights to request the High Commissioner to establish a focal point concerning the implementation of the right to self-determination as a contribution to conflict prevention.
Thank you, Madame Chairperson
[1] UN GA Res on the Universal Realisation of the right of peoples to self-determination, A/Res/57/197, para.1, emphasis added, 18 December 2002
[2] UNESCO/ UNESCO Center of Catalonia conference The Implementation of the Right to Self-determination as a contribution to conflict prevention Barcelona, 1998), p.19
[3][E/CN.4/Sub.2/2001/31].