The opening sessions are done, the real talk has begun!

WG on the Rights of peoples to Self Determination and Conflict Prevention
Introduction to the rights of peoples to self-determination (RPS) under international law.

Saleem Al-Habash, Palestine
Posted Mon 20:35 GMT

One of the topics presented for discussion and elaboration was the 'Rights of Peoples to Self-determination and Conflict Prevention'. The one and half hour session (first of 8) started with a welcome and an introduction from the Moderator, Nicolas Guerrero, speaking about the preparatory meeting last July where the topics of the Forum were decided.

Joshua Cooper (Hawaii Institute for Human Rights) gave an introduction about the right to self-determination in the various treaties and conventions on Human Rights, and raised the question of what new and possible forms could be used to maintain the right to self-determination, and what can be done about it.

"Not the territory to determine its people"!
Marcelo G. Kohen (Graduate Institute for International Studies) presented the general approach for the question on self-determination, and explained the relationship between "peoples and territories". Quoting Judge Dilt, he said: "it is for the people to determine their territory, not the territory to determine its people".

Another question raised by the panel was the 'definition of people', which led to yet another question about who can benefit from the right to self-determination. Instead of giving one definition, two concepts were presented: subjective and objective conceptions. The main stream was to present two notions, to distinguish between minority and collectivity. Father Kohen added that the question about self-determination had evolved along with the fight against colonialism.

300 million indigenous people in the world
The last message was from the President of Na Koa Ilaika O Ka Lahui Hawaii, Ms. Mililani Trask. Her speech was full of ideas focussing on indigenous peoples and their right to self determination. After discussing the various treaties on human rights which give insight into the meaning of 'the right to self-determination' she explained the controversies within the Articles themselves. She said that peoples "do not necessary mean all human beings" according to universal definitions. She also added that the International Law is west-oriented and Euro-centric. There is a "crisis emerging in the Human Rights today", she said, Human Rights are a universal concept - all human beings shall have the same rights - but some people already have most of their rights while others do not.

Ms. Trask announced that there are 300 million indigenous people throughout the world. The conflict emerges in International Law, in relation to colonialism, she said: "as soon as there's someone lord, then the door is open" to colonialism.

Ms. Trask said that the right to self determination is the right of peoples to determine their political, social and economic status.

Reviewing the process, Trask said that throughout the past 45 years outrageous definitions have been adopted, nevertheless, definitions are not authorizing.

Their Comments
After the panel had finished the other participants had only 20 minutes to add their comments. One comment concerned the process to be adopted for decolonization, especially of indigenous peoples. Another commentator from the Kabyle in Algeria described a dreadful situation. The third coment was by a Palestinian who said that the speeches were more theoretical than practical; he asked how can we demand our right to self-determination through non-violent means, when it seems impossible to do it?

Responses to the comments were brief, saying that International Law started off in Europe, and then became universal. The Kabyle have their own culture and language, said Father Marcelo Kohen, therefore the population in that area has a need and a right to self determination.

About the means to get one's right to self-determination, Ms. Mililani Trask said that although the process of going by the law is sometimes frustrating, yet we should plead peace rather than violence and "go by the UN's way". She ended her comment by saying: "NO POWER WITHOUT FREEDOM OF INDIGENOUS PEOPLES!"

The first session on the Right to Self-determination and Conflict Prevention ended with many questions still to be answered in the coming days, with many ideas to be presented, and many comments, opinions and messages to be conveyed! Our patience is only to wait and see!

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