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Executive Summary: Working Group on Right of Peoples to Self-Determination and Conflict Prevention

Coordinator

Joshua Cooper (Hawaii Institute for Human Rights)

Co-coordinator

Nicolas Guerrero (Mandat International)

Assistance

Mélanie Clerc (Mandat International)

The issue of self-determination has been our primary concern. We did not begin with the concept of self-determination but rather with the fundamental principle that human rights are universal. We affirm, support and reiterate the fundamental principle that human rights are universal and a human rights based approach be adopted in all of the work of civil society, the UN system and states.

The World Civil Society Forum calls upon the UN system and states to immediately pass the UN Draft Declaration on the Rights of Indigenous Peoples in the form in which it was approved by the UN Working Group on Indigenous Peoples in 1993. We call for human rights to be implemented fully for Indigenous Peoples.

It is important to speak about the right of Indigenous Peoples as Indigenous cultures are collective. If we were all of one Indigenous culture, we wouldn't be a people but a peoples. This should begin with the Johannesburg Earth Summit.

The World Civil Society Forum strongly endorses and supports the UNESCO Centre Catalonia initiative that self-determination is a process for conflict prevention and resolution. It has been developing for many years. Instead of suggesting that there is a right for self determination and fighting for it, we look to it as a process which we can use to seek solutions to conflict. We don't want to fall into the trap that most jurists fall into of starting a dialogue about rights. The need for conflict prevention and resolution is great.

The World Civil Society Forum endorses and encourages the UN Human Rights Decade of Partnership with Indigenous Peoples and endorses the UNDP (United Nations Development Program) Policy of Engagement with Indigenous Peoples as a prototype model which UN agencies and states should adopt in their undertakings with Indigenous Peoples and peoples under foreign occupation or alien domination and civil society. The World Civil Society Forum endorses and supports real partnerships between civil society, the UN and member states. We also wish to endorse the policy of engagement with the UNDP. The UNDP is the only agency within the entire UN system that has a published policy statement on engagement with Indigenous Peoples. It provides that self determination is defined in international covenants. Whenever there is a program or a policy, the UNDP cannot act alone - their policy requires that they must take advice from civil society and Indigenous Peoples. It is the only organization that focuses on issues that concern Indigenous Peoples and civil society alike. These issues are those of open transparency, redefining globalization and using the process of conflict resolution. The UNDP policy is a human rights based approach to sustainable development. They do not consider sustainable development unless based on a human rights approach. This policy of engagement provides the foundation for real partnership. We hope that the World Civil Society Forum can also adopt this prototype model as used within the UNDP.

The World Civil Society Forum supports the meetings of the UN Working Group on Indigenous Peoples in the UN system.

Conclusions

With regard to the prevention and peaceful resolution of self-determination conflicts, Civil Society has a fundamental role to play.

It has a task to elucidate the principle and the right to self-determination in a broad sense, not in the last place, by undertaking concrete actions against incorrect interpretations;
Civil Society’s role is to raise awareness on, and solidarity with self-determination movements and their claims, in particular to remind of the principle of equal rights and self-determination of peoples and in balance with the respect of rights of others;
Civil Society has a specific role to remind States and underrepresented peoples of the need to exhaust all possible ways to resolve their differences peacefully;
Civil society should advocate the peaceful exercise of self-determination on the basis of equally applicable criteria;
Civil society organizations may function as important bridge builders between the peoples and civil societies of the conflicting parties concerned, thus providing channels and contacts that may prevent a situation, from possibly escalating into violence, at determinate moments.

Recommendations

Concrete appeal proposals for civil society to assist in the right of peoples to self determination:

To call upon States to approve the Draft Declaration on Rights of Indigenous Peoples.
To raise self-determination issues and cases before the competent UN bodies and mechanisms.
To urge the Subcommission on the Promotion and Protection of Human Rights to elaborate a work paper that reconceptualizes the right to self-determination and its contribution to conflict prevention and resolution.
To urge the competent UN bodies to create a mechanism to assist in the peaceful resolution of self-determination claims.
To create a website elucidating the self-determination claims of self-determination movements.
To ensure that the Johannesburg Earth Summit has Indigenous Peoples without any restriction.

The World Civil Society Forum should affirm, support and reiterate the fundamental principle that human rights are universal and a human rights based approach be adopted in all of the work of civil society, the UN system and states. That is the fundamental principle.

The World Civil Society Forum call upon the UN system and states to immediately pass the UN Draft Declaration on the Rights of Indigenous Peoples in the form in which it was approved by the UN Working Group on Indigenous Peoples in 1993. If we say human rights are universal then we call for the passage of a universal standard for Indigenous Peoples.

The World Civil Society Forum call upon own members, states and UN system to use indigenous peoples with the "S" without any qualification. It is important to speak to the right of indigenous peoples as indigenous cultures are collective. This should begin with the Johannesburg conference Earth Summit.

The World Civil Society Forum strongly endorses and supports the UN Educational, Scientific and Cultural Organization Centre Catalonia initiative that self-determination is a process for conflict prevention and resolution. It has been developing for many years. Instead of proposing there is a right for self-determination and fighting for it, we look at it as a process where we can seek solutions to conflict. If there is any need for application in this world it is for conflict prevention and resolution.

The World Civil Society Forum endorses and encourages the theme of the UN High Commissioner for Human Rights Decade of Partnership with Indigenous Peoples and endorses the UN Development Program Policy of Engagement with Indigenous Peoples as a prototype model which UN agencies and states should adopt in their undertakings with Indigenous Peoples and peoples under foreign occupation or alien domination and civil society.

The World Civil Society Forum supports meetings of the UN Working Group on Indigenous Peoples in the UN system.

The World Civil Society Forum endorses and supports real partnerships between CS, UN and states. We would also endorse the policy of engagement with UNDP. UNDP is the only agency within the entire UN system that has a published policy statement on engagement with indigenous peoples. It provides that Self-Determination is defined in international covenants. Whenever there is a programme or a policy, UNDP cannot move individually. Their policy requires they must have advice from civil society and indigenous peoples. It is the only organization that focused on issues indigenous peoples have been talking about and these are the same areas civil society is concerned with. It is open transparency, redefining globalization, looking for utilization of process of conflict resolution. UNDP policy is a human rights based approach to sustainable development. They do not consider sustainable development unless based on a human rights approach. UNDP has this policy for engagement. It is a foundation for what a real partnership is. There are many approaches and hope World Civil Society Forum could adopt it is because there is a prototype model. There is one UN organization that can have a policy of engagement this is a good prototype.

All of these proposals aim to focus on the right of self-determination and conflict prevention. The coordinators of the Working Group vow to continue work on the important area of the right of peoples to self-determination with other programmes and policies.

There is also focus on non-violence and ability for the peoples movement to enact positive social change in global politics to recognize and respect the right of self-determination for all peoples.