.
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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