New book: UN Mechanism for Self-Determination
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Subject: New book: UN Mechanism for Self-Determination
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New book: UN Mechanism for Self-Determination
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Self-Determination Crisis Watch 11 July 2001 Vol. 1, No. 7
Editor: Tom Barry
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Table of Contents
*** KASHMIR AT THE SUMMIT ***
By Ninan Koshy
*** U.S. POLICY TOWARD POLITICAL ISLAM ***
By Stephen Zunes, University of San Francisco
*** BOOK REVIEW: UN MECHANISM FOR SELF-DETERMINATION ***
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*** BOOK REVIEW: UN MECHANISM FOR SELF-DETERMINATION ***
In the Pursuit of the Right to Self-Determination
Edited by Y.N. Kly and D. Kly
Preface by Richard Falk
Clarity Press (www.claritypress.com) 2001
This is a book with a purpose: to advance a proposal for considering
and resolving self-determination conflicts. The volume includes papers
and presentations from the First International Conference on the Right
to Self-Determination, which was organized in Geneva last year by the
International Human Rights Association of American Minorities and the
International Council for Human Rights. The conference unanimously
passed a resolution recommending that the UN establish an Office of
the High Commissioner for Self-Determination and a Self-Determination
Commission comprising representatives of UN member states.
An introductory chapter by Andre Frankovitz argues that "there is a
pressing need for a mechanism for the achievement of
self-determination and that this needs to be anchored in the United
Nations system." As is, however, the mechanisms to address
self-determination issues are inadequate, argues the author, partly
because of the UN's limited definition of self-determination and
partly because of the inadequacy of the UN's human rights mechanisms,
which focus on monitoring the abuses of individual rights, not
collective rights. Although the wide acceptance by UN member states of
international human rights norms is regarded as a major achievement of
the UN, the "time is ripe" for the UN to more directly address ethnic
and minority issues given "the increasing awareness by the
international community of the costs associated with the struggles for
self-determination and their possible impact on the globalizing
world."
A Self-Determination Commission would extend the work of the General
Assembly's Decolonization Committee to consider self-determination
conflicts within member nations. Such a body would consider the
validity of the self-determination demands of ethnic, minority, and
indigenous groups and recommend solutions to the UN Security Council.
Proponents of such a commission, including those participating in this
conference, are quick to note that self-determination should not be
interpreted to mean secession. Although not entirely ruling out the
need to establish new, independent states, especially by occupied and
colonized nations, they say that most self-determination demands could
be peaceably resolved by more pluralistic governance options, such as
autonomy and federalism.
The preface by Richard Falk concisely and persuasively presents the
argument for the creation of international self-determination norms
and mechanisms outside the "statist prism." What's needed is "a
self-determination regime that operates to the extent possible in
accordance with the Rule of Law, treating equals equally � [and] such
a regime is best situated within the United Nations, with as much
independence as possible."
While Falk is not optimistic that the UN will take steps in the near
future to adopt a post-colonial self-determination agenda, he detects
some hopeful signs in the increased participation of civil society in
global affairs. He acknowledges the many obstacles to creating such a
mechanism within a world governance structure founded on the sanctity
of national sovereignty, but points to alternative strategies that
should be pursued. Until the time when a UN mechanism is established,
Falk says, "the torch of post-colonial self-determination must and
will be carried primarily by the transnational forces of civil
society. These forces can build a climate of opinion that shifts the
political calculus in favor of particular claimants, as occurred in
the course of the anti-apartheid struggle waged so successfully by the
transnational forces of civil society."
Valuable to all self-determination researchers and advocates is an
appendix listing major self-determination documents, such as UN
documents, along with their URLs.
- Tom Barry <[email protected]>
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