Summary: Working Group on the Right of Peoples to Self-Determination

National mechanisms for the implementation of the right to self-determination

Session five, and the second of the day, followed on directly from the previous theme of how the mechanism for self-determination actually works in practice. Three further case studies of peoples that have so far not received a resolution of their claim were presented. Unfortunately, despite the intended ‘National Mechanisms’ focus of this session, as in previous sessions, the cases tended to focus on international mechanisms, and details of case histories.

Building upon the previous day’s speech by, Mr. Koc of Turkish Kurdistan’s Kurdish National Congress, Mr. T. Zibari of Iraqi Kurdistan’s Kurdistan Regional Government further reinforced awareness of the Kurdish plight. In a speech that would tie in quite well with the next session’s study of the role of natural resources in self-determination claims, Mr. Zibari emphasised how the refusal of Middle Eastern government to grant land to the Kurds was chiefly because of the significant quantities oil, water and agricultural land in traditional Kurdish territory.

Mr. Zibari blamed the international community (viz. Europe and America) for initially causing the problems, but recognised that these states had taken action since then to rectify the position but had left it too late. He held the Iraqi regime entirely responsible for the human rights abuses perpetrated in the region but said that UN measures to aid the Kurds such as no fly-zones and the presence of NGO’s had now run its course and further steps had to be taken.

Mr. Zibari expressed much greater faith in UN mechanisms and abilities than Mr. Koc had the previous day. Mr. Zibari even went so far as to compose a mandate for the UN to instruct it in how to proceed on the issue.

Ms. P. Ohorella of the Moluccas expressed less faith in the ability of the UN. The Moluccas, a former Dutch colony in the Dutch East Indies, have been oppressed and systematically been destroyed by the Indonesians of Java for half a century. In 1952 at the outset of the crises, the UN Security Council discussed the case and promised an answer. Ms. Ohorella claims that the Moluccan people are still awaiting the answer. The situation has been intensified in the past four years by Indonesian incitement of religious conflict between Moluccan Muslims and Christians. 40,000 Moluccans had been killed since Indonesia declared a Jihad and introduced Muljahidin mercenaries to perpetrate atrocities against the Moluccan people. According to Ms. Ohorella 80% of the once rich Moluccan economy has been destroyed and all Mollucan people have become refugees or internally displaced people.

So far, claims Ms. Ohorella, the UN has failed the Moluccan people. However despite the fact that the Moluccan people have democratically exercised every mechanism for self-determination and yet are still oppressed Ms. Ohorella again appeals to the UN, NGO’s and civil societies to recognise the Moluccan destruction and force a resolution.

The final speech of the session was by Mr. Mohamed Sidati of the Democratic Arab Republic of the Sahara. Western Sahara has long been illegally annexed by Morocco and plundered for its rich quantities of natural resources (phosphates, petrol and highest density of fish in the world). Following the illegal annexing of Western Sahara and genocide violations by Morocco, Western Sahara successfully applied to the UN and was awarded a peace plan and referendum to be implemented by James Baker. However despite the UN resolution the whole process has been terminated without any action have been carried out because Morocco suddenly changed its position and decided not to participate in the negotiations any longer. Even though Morocco had illegal control over the Western Sahara and the UN support the claim of Western Sahara, nothing has changed.

Mr. Sidati questioned the use of UN mechanisms if upon successful conclusion of the process, the whole process must be begun again because of an inability to enforce the result. "How many times must the result be reinforced?" asked Mr. Sidati.

Surprising issues
Mr. Sidati expressed concern that UN mechanisms are simply nothing more than an accumulation of political will and pressure and a skilful correlation of international powers and it is Western Sahara’s inability to gain this that denies the possibility of the UN resolution being applied. He said that the prestige of the UN has in his "opinion …been seriously eroded in Western Sahara" due to apparent double standards in the processing system. In conclusion he called upon the solidarity and protection of civil societies and NGOs. Incredulity was expressed by Mr. Sidati that the oppressive state could not overturn a UN resolution that named the state as an oppressor.

Interesting questions
Discussion centered on Arab/ Amazigh [Berber] conflict in the Sahara and the highly topical question of the Moroccan and Spanish colonial legacies. None of the discussions elaborated much on the main topic of mechanisms to self-determination.

Conclusions
Three different cases had been examined: One case expressed hope in the system; one expressed frustration in the apparent breakdown of the system; and one was from a people that felt that the system was not accessible by them. 

Perhaps as an example of why so many peoples are frustrated with the results of the evaluation process of the UN, little time was spent  focussing on developing effective, sustainable strategies for the future. Instead, the discussions tended to diverge so much from the intended focus of the group to the histories of specific cases, that chairman J. Cooper felt it necessary to ask the working group to try to focus on the issues in terms of the future and not just historical details.

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