.
clarity
clarity
P  R  E  S  S,   I  N  C  .
IN PURSUIT OF THE RIGHT
TO SELF-DETERMINATION
edited by
Y. N. Kly, D. Kly
preface by
Richard Falk
ISBN: 0-932863-32-9  2001  
228 pages   $21.95

see below for Contributors, Table of
Contents

    REVIEWS / COMMENTARY

    "More than any recent occasion, the First International Conference on
    the Right to Self-determination & the United Nations, held in Geneva
    during the millennial year 2000, dramatized the range of claims and the
    severity of suffering associated with their denial under a variety of statist
    and geopolitical pretexts... a truly historical contribution..."   From the
    Preface by  –Richard Falk

    "This is a book with a purpose:  to advance a proposal for considering
    and resolving self-determination conflicts."  
    –Foreign Policy in Focus.  

    SYNOPSIS

             In today's world, there are over two thousand ethnic
    groups, but only 192 sovereign states. When dominant
    ethnic groups ignore the socio-economic and cultural
    identity needs and rights of other peoples within the
    same state, demands for self-determination arise.
    Wars that threaten the stability of whole regions often
    result.

    This book, the collected papers of the historic FIRST
    INTERNATIONAL CONFERENCE ON THE RIGHT
    TO SELF-DETERMINATION & THE UNITED NATIONS
    held in Geneva in August 2000, explores the issues within
    the context of just demands for self-determination.
    UN experts, minority members of various parliaments,
    distinguished scholars and representatives of nationalities
    deeply concerned with the right to self-determination
    examine the institutional options for pursuing cultural
    and socio-economic equal status between internal ethnic
    groups with a view to preventive management and
    conflict resolution.
     
    TABLE OF CONTENTS

    Preface: 6
    Richard Falk
    Editors’ Note: 12
    Conference Photogallery: 15
    Pre-Conference Reading: Towards a Mechanism for
    the Realization
    of the Right to Self-determination: 19
    André Frankovits
    Opening Plenary Address: The Scottish Route toward
    Self-determination: 36
    George Reid
    Exploring the Concept of the Right to Self-determination
    in International Law
    & the Role of the UN: 43
    Dr. Y. N. Kly
    THE ROLE OF THE UN IN IMPLEMENTING ITS
    PROMISED JUST DEMANDS
    OF PEOPLES FOR SELF-DETERMINATION
    Striving for Self-determination for Indigenous Peoples:
    50
    Erica-Irene A. Daes
    Understanding Self-determination: The Basics: 63
    Karen Parker
    SELF-DETERMINATION AS A FORM OF COLLECTIVE
    RESTORATIVE JUSTICE
    FOR THE MALFORMATION OF MANY MULTINATIONAL
    STATES
    Self-determination and Democracy: Canada’s Clarity
    Act & Quebec’s
    Fundamental Rights Bill in Collision: 74
    Daniel Turp
    Self-determination – People, Territory, Nationalism &
    Human Rights:
    Thoughts on the Situationof South Moluccans, Roma &
    Sinti: 91
    Suzette Bronkhorst
    THE RELATIONSHIP BETWEEN POLICIES OF
    FORCED ASSIMILATION AND
    RACISM, ETHNOCIDE & ARMED CONFLICT
    The Right to Self-determination: Reviewing the
    Anomalies: 97
    The Right Honourable Gerald Kaufmann
    An Indigenous Understanding of Self-determination:
    104
    Kenneth Deer
    Yeddy Wi: Gullah/Geechee Living Ways: 107
    Marquetta L. Goodwine
    SELF-DETERMINATION THROUGH MINORITY
    RIGHTS, INTERNAL AUTONOMY
    OR SECESSION
    Self-determination & the Sami People: 114
    Ragnhild Nystad
    Self-determination in the framework of the International
    Convention on Civil
    and Political Rights & the Final Act of Helsinki in
    relation to the principle:
    National Integrity of a State: 117
    Joseph v. Komlóssy
    SELF-DETERMINATION AS A MEANS OF FURTHER
    DEMOCRATIZATION OFTHE UN
    & THE INTERNATIONAL SYSTEM
    Structures of Governance Rights & A General Assembly
    of Nations: 124
    Françoise Jane Hampson
    Self-determination in the Context of Global Problems:
    130
    Mehdi M. Imberesh
    Self-determination as a Means of Democratization of
    the UN and the
    International System: 133
    Dr. Hans Köchler
    SPEECH OF GUEST OF HONOR
    The Plight of Jammu-Kashmir: !43
    Mohammad Yasin Malek
    INTERVENTIONS
    The Dalits in India: Culturally-Enforced Apartheid &
    Worse: 147
    Dr. Laxmi Berwa
    The Right of Self-determination in Ka Pae Aina
    (Hawaii): 150
    Joshua Cooper
    Recommendations on the Issue of Reparations to
    African Americans: 157
    Ida Hakim
    Kuiu Kwan Petition & Diplomatic Protest Concerning
    the State of Alaska’s
    Initiative to Quiet Title: 159
    Rudy James
    The Black Nation in North America: 161
    Marilyn Preston Killingham
    Human Rights & Self-determination of the Tamil
    People of the Island of Sri
    Lanka: 164
    S.V. Kirubaharan
    An Illustration of the Atrocities Committed Against the
    Tamil Population of
    Sri Lanka: 174
    Deirdre McConnell
    Self-determination & the Irish Question: 176
    R. McKay, Joe Dillon
    Palestine, Chechnya & Tadzhikistan: 182
    H.E. Sayyed Mohammed Musawi
    The Future of Burma: Dictatorship, Democracy of
    Majority Burman,
    & National Self-determination of Ethnic Nationalities:
    179
    Nai Ong Mon
    The Colonial Situation of Puerto Rico & the Struggle of
    the People of
    Vieques against the U.S. Navy: 184
    Ramon A. Nenadich
    Forces That Impede Resolution of Self-determination
    Issues: 189
    Jasdev Singh Rai
    The Right of Self-determination & the United Nations:
    191
    Mrs. Najiba Tabibi
    The Rights of the Khmer Krom People in Vietnam: 193
    Vien Thach
    Eradicating the Legacy of Slavery in U.S. Research &
    Policy: 199
    Joseph Wronka
    REPORTS FROM CONFERENCE WORKSHOPS
    Workshop I: Peoples seeking political independence:
    202
    Gerald Kaufman
    Workshop 2: Non-territorial national minorities seeking
    structures
    of governance within multinational states: 204
    Farid I. Muhammad
    Workshop 3: Indigenous peoples: 207
    Thlau-Goo-Yailth-Thlee / Rudy James
    Workshop 4: Situations where special rights and legal
    protections
    have failed due to entrenched cultural behaviors and
    beliefs: 213
    Dr. Laxmi Berwa
    CLOSING PLENARY The Right to Self-Determination:
    Towards Mechanisms for
    Its Implementation: 214
    Majid Tramboo
    CONFERENCE RESOLUTIONS: 217
    Pertinent Documents: 218
    Contributors: 220
    Index: 222

    CONTRIBUTORS

    Suzette Bronkhurst of the Magenta Foundation, Netherlands, is a former chief
    editor of a Dutch Green Party publication, and initiator and general manager of the
    Internet Centre Anti-Racism (I-CARE).

    Erica-Irene A. Daes is a Special Rapporteur of the UN Sub-Commission on Human
    Rights, and former Chairperson of the Working Group on Indigenous Populations
    which drafted the UN Declaration on the Rights of Indigenous Peoples. She submitted
    a UN-commissioned Study on the Protection of the Culture and Intellectual
    Property of Indigenous Peoples in 1993.

    Kenneth Deer is currently publisher/editor of the newspaper The Eastern Door,
    and a citizen of the Mohawk Nation at Kahnawake. He has many years of experience
    at the international level representing his community.

    Richard Falk is Albert G. Milbank Professor of International Law and Practice at
    Princeton University.

    André Frankovits is Executive Director of the Human Rights Council of Australia.

    Marquetta L. Goodwine is Chieftess of the Gullah-Geechee Nation and editor of The
    Legacy of Ibo Landing: Gullah Roots of African American Culture. The South
    Carolina General Assembly will award Ms.Goodwine the 2001 Jean Laney Harris
    Folk Heritage Award.

    Françoise Jane Hampson is an expert with the United Nations Sub-Commission.
    She is Professor of Law in the Human Rights Centre, University of Essex, where she
    teaches international humanitarian law and the law of armed conflicts.

    Mehdi M. Imberesh is a Professor in the Social Sciences Faculty of Al-Fateh University,
    Tripoli. He started his political activities in the People’s Committee of the
    Jamahiriyan People’s Bureau in Washington, DC during the years 1979-81, was
    appointed in the capacity of Ameen of the Jamahiriyan People’s Bureau to the
    Federal Republic of Germany from 1981 to 1986, and since then to the Islamic
    Republic of Iran.

    The Right Honourable Gerald Kaufman is a member of the British Parliament and
    former member of the Privy Council. He was Minister of State for Industry and a
    Privy Counsellor of the Labour Government of 1974. He was a member of the
    Labour Party’s Shadow Cabinet from 1980 to 1992 and presently is Member of
    Parliament for the Manchester constituency of Gorton.

    Y. N. Kly is Chair of IHRAAM and professor of international law at the School of
    Human Justice of the University of Regina, Canada. He is author of numerous
    books and articles on minorities and societal development, two of which were
    .named Outstanding Book by the Gustavus Myers Center for the Study of Human
    Rights, co-sponsored by major U.S. civil rights organizations.

    Dr. Hans Koechler, Head of the Philosophy Department at the University of Innsbruck,
    Austria and Director of the International Progress Organization, Vienna. Since 1998,
    Professor Koechler has served as member of the Council of Europe’s Expert Group on
    Democratic Citizenship. As President of IPO, he dealt with the humanitarian issues of
    the exchange of prisoners of war between Iran and Iraq, and with the issue of Kuwaiti
    POWs and missing people in Iraq. Since 1972, UN Secretaries-General have acknowledged
    Professor Koechler’s contribution to international peace in their statements.
    Joseph v. Komlóssy is Vice President of the Federal Union of European Nationalities
    (FUEN), one of the most prestigious NGO-s, with consultative status at the
    Council of Europe and at the United Nations Organisation, seated at Flensburg,
    Germany. He is an advocate of ethnic and national minorities, a member of the
    Working Group on Minorities of the United Nations, regularly attending the sessions
    of the Comission on Human Rights. He is present at all parliamentary sessions
    of the Council of Europe, and participates in the work of OSCE/ODIR in
    Warsaw and Vienna. His presentations and interventions are guided by the principle:
    ”Act in time, instead of reacting too late.”

    Mme. Ragnhild Nystad is Vice-President of the Sami Parliament, Norway, and also
    head of political affairs. She was involved in the establishment of the Sami Act
    (Norway) in 1987 and the Norwegian Constitutional Amendment in 1988 which
    gives the Sami People in Norway status as indigenous people and the right to
    establish their own indigenous parliament.

    Karen Parker, Chief/Delegate of the International Educational Developmental/
    Humanitarian Law Project at the United Nations, is an attorney specializing in human
    rights and humanitarian (armed conflict) law. Her annual “Armed Conflict Around the
    World: A Country by Country Review” is published by the Parliamentary Human
    Rights Group (UK) (now on Internet). Her extensive work on self-determination
    includes studies, Congressional testimony and Court appearances on application of
    self-determination to the armed struggles in Burma, Kashmir, Acheh, the Moluccas,
    East Timor, Tibet, Cyprus, Turkey, Western Sahara and Sri Lanka.
    George Reid is Deputy Presiding Officer of the Scottish Parliament

    Majid Tramboo is a Member of IHRAAM Directorate & Director, International
    Council for Human Rights, United Kingdom. He is a Barrister practicing in the
    United Kingdom.

    Daniel Turp served as Canadian Member of Parliament and Bloc Quebeçois Critic
    for Intergovernmental Affairs from 1999-2000 and Bloc Quebeçois spokesperson
    for Foreign Affairs, 1997-1999. He served as a designated expert on the Belanger-
    Campeau Commission on the political and constitutional future of Quebec (1991),
    and on the Commission Studying Questions Related to the Accession of Quebec to
    Sovereignty, 1992.
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