The Hague, international city of justice, this weekend took one more step in the process of expanding the scope of international justice. The Unrepresented Nations and Peoples Organization (UNPO) joined forces with the Khmers Kampuchea–Krom Federation (KKF) and the Hawai’i Institute for Human Rights (HIHR), in an effort to construct and further a meaningful dialogue on the subject of self-determination. A concept, which though enshrined in many documents central to international law, remains largely poorly understood and executed in practice.
The first day of the Symposium opened with His Excellency Judge Koroma of the International Court of Justice (ICJ) outlining much of the relevant legal terrain, by offering an extensive account of the ICJ’s role with respect to the right of self-determination, drawing particular attention to the difficulties associated with an apparent conflict between the territorial sovereignty of states and the aspirations and rights of its peoples.
UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples Professor Rodolfo Stavenhagen continued the Symposium’s education on the present reality of the right to self-determination, asking the crucial question, “Who are the peoples” to whom it is meant to apply? The Special Rapporteur emphasised that future efforts to make the right to self-determination genuinely universal must rest on answering this question, and so moving beyond the traditional focus on the process of decolonisation, and including within its scope a substantive recognition of indigenous peoples like the Khmer-Krom.
Following Ms. Franci Taylor’s interesting Native American perspective upon the relevancy of present international law to her own community, General Secretary of the UNPO, Marino Busdachin, emphasised the need for action, in addition to word and sentiment. Mr. Busdachin brought a number of practical proposals to the Symposium, all aimed at addressing the disparity between those rights enshrined in international law and the reality faced by unrepresented peoples everywhere. Mr. Thach Thach, President of the KKF, then brought the first day to a close by borrowing from the teachings of Khmer Krom’s Buddhism, and reminding everyone that international justice is not just a practical and intellectual challenge, but an exercise also of compassion.
The second day of the Symposium focused on building upon this terrain, and in particular on the international institutions and mechanisms that might play a practical role in moving the cause for self-determination forward. Dr. Catherine Brölman returned to the importance of resolving the question of whether the right to self-determination should be considered on a collective or individual basis. Ms. Anna Batalla also touched on the relationship between “Peoples” and the individuals, by noting how other individual human rights depend, almost uniquely, on the successful execution of the fundamental right to self-determination.
Mr. Niccolo Figa-Talamanca returned to the apparent conflict between the interests of the states upon which international justice mechanisms depend, and the peoples within these, but saw potential where international law moves towards a focus on the individual perpetrators of crime, rather than states themselves. To a similar end, Ms. Cecilia Nilsson Kleffner addressed the potential role of the International Criminal Court (ICC), pointing towards the step the ICC represents in making the international justice system a more inclusive process. Recognising however that building a stable peace requires more than confronting those responsible for the gravest crimes, Professor Knoops and Ms. Alison Smith proceeded to outline and discuss the workings of complementary institutions, such as Truth and Reconciliation Commissions, and the importance of confronting difficult questions of justice also on the local level. Neither ignored the difficulties of Commissions of this nature however, in particular with respect to building relationships of trust and addressing important questions of immunity and confidentiality.
Bringing an entirely different perspective to the matter, the Symposium learnt from the thoughts of Mr. Johan Mikkel Sara, Vice President of the Norwegian Sami Parliament, Mr. Aqqaluk Lynge, President of the Inuit Circumpolar Council, and Mr. Jake Swamp, Chief of the Mohawk Nation. All three emphasised the human aspect of the right to self-determination, and that their aspirations are more commonly tied to exploitation and the loss of land and resources, than to political gain and independence. They emphasised that states need not feel threatened by the concept of self-determination, and that when adequately understood, its real emphasis is the importance of dialogue and consultation.
Mr. Marco Perduca spoke to similar sentiments, calling for a reorganization of the self-determination agenda. In particular, an increased understanding of self-determination as a part of a broader scheme of non-violent progress towards greater individual freedoms within a democratic framework. People were also the focus of Mr. Pedro Pinto Leite and Dr. Eduardo Welsh, both of whom emphasised the incompleteness of the process of decolonization, in particular where decolonization has simply meant a change of master.
On a day notable above else for reminding us of the importance of remembering those peoples to whom the right to self-determination is meant to apply to, it also seemed more appropriate than ever to reflect upon those for whom even attending a symposium is an impossibility. The second day ended therefore with a commemoration of the sacrifices these individuals have made. A march, led by Buddhist Monks, and followed by singing Khmer-Krom delegates, human rights activists, and reinforced by other UNPO members showing their solidarity with the Khmer-Krom, took participants from the Symposium venue to the Peace Palace, seat of the International Court of Justice.
The final day set the tone for the next steps towards a truly universal right to self-determination. Ms. Rebecca Sommer set the stage, premiering her film “Eliminated Without Bleeding,” reminding everyone of the genuine urgency with which these steps must be taken. The Symposium then considered a joint Declaration, drafted by a number of the participating experts, and aiming to encapsulate and communicate what had been learnt over the course of the three days. Unanimously passed to thunderous applause, the declaration aims to continue the work begun at the Symposium by suggesting practical reforms to address the ubiquitous inconsistencies within the present international system’s approach to the right to self-determination.
To Kim Thong, Chairman of the KKF, and Joshua Cooper, Director of the Hawai’i institute for Human Rights, brought proceedings to a close by acknowledging the value of bringing together such a diverse group of practitioners, experts, and activists. The challenge is now to keep moving forward, and to work to implement the reforms suggested by the Symposium’s Declaration.
