By Dr. Joshua Cooper of the Hawaii Institute for Human Rights

The World Civil Society Forum hosted in Geneva 2002 offered possibilities for advocates and activists to advance positions and also develop strategies to improve peoples’ movements ability to impact decision- making in the international arena for positive change at the local level. The United Nations welcomed the hundreds of committed citizens coordinating in working groups on various themes such as the right of self- determination and conflict prevention. Sergei Ordzhonikidze, Director of the UN Office in Geneva said, "Civil society organizations are vital partners and you give life to the meaning of we the peoples."
The Civil Society aimed to break tradition of exclusion and include the voice of indigenous peoples. The Working Group on the Right to Self-Determination featured two members of the newly created Permanent Forum on Indigenous Issues sharing insight in the global movement for fundamental freedom.

In the opening ceremony, Mililani Trask, a Permanent Forum member and former UNPO Vice Chair, shared her vision for the global gathering. "Aloha,” Trask said. "We come to Geneva to mark a historic event, the world’s first Civil Society Forum. I want to thank you for including indigenous peoples from all the regions to participate. This is the spirit that engenders inclusivity. We are a segment of civil society." The new member of the indigenous forum called on cooperation between all segments of civil society and to respect indigenous contribution, "Indigenous Peoples, states and broader family of CS must fashion affordable solutions to world problems. Encoded in indigenous teachings is practices to maintain biodiversity to life in harmony with land, earth and all its life forms. This knowledge today must be basis for sustainable development of the earth’s resources. Indigenous Peoples know the earth values. Indigenous processes for conflict resolution should be assessed and applied. Indigenous peoples cultures have much to give the world." Human rights is the essence of the meeting. She noted, "Cooperation among and between must be based on mutual respect for principle of human rights and fundamental freedoms. The legacy of the colonial past is evident. Human rights of IPs must be acknowledged and protected. Self-determination is the most critical of all human rights. It will allow IP to determined political status as well as economic, social and cultural development."
Trask believes linking in networks together can change history and also provides first steps necessary to build trust and make a difference in human rights history. She said, "In short, we have failed because we have not been able to form partnerships. There are many things we can do to improve relationships with NGOS. I invite you all to ensure the passage of the UN Draft Declaration on the Rights of Indigenous Peoples in the form passed by UN Subcommission on Human Rights 1994. The decade will end in year and a half. What a failure if the decade closes without a minimum standard. We have the ability to reach this goal."

While some leaders weren’t able to attend in person, the video presentation carried a powerful message. The oldest specialized agency has an alternative belief to current headlines. Juan Somavia, ILO Director: "Globalization is not inevitable. There is another form of globalization based on equality." The last chapter in equality is the right of self-determination. There were seven sessions focusing on the different themes exposing participants of the WCSF to the crucial course.
Our era of intensified globalisation, in particular following the end of the Cold War, is witnessing a vertiginous increase of self-determination based conflicts. Self-determination is deeply grounded in human rights, as a prerequisite for the enjoyment of all other human rights. It responds to the fundamental human impulse to get rid of oppression, whether in its ancient or contemporary forms of domination, colonisation, and to be in free. Hence all peoples and persons enjoy this entitlement. However traditional discriminatory approaches to right to self-determination reserve this entitlement only for some peoples. Its application has therefore proved to be unjust in not respecting the rights of all peoples to self-determination and hence inefficient to apply it as a tool for conflict prevention and resolution. From the perspective of conflict prevention, conflict arises when these claims are denied.

The panels featured amazing speakers sharing direct experience in the practicable challenges and positive contributions to recognizing the basic right enshrined in common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as well as article 3 of the Draft Declaration on the Rights of Indigenous Peoples.
Ono Seroo of UNESCO Catalonia shared experiences of past self-determination summits with the participants. He noted, "In recent years, we have seen more claims for self-determination. This has resulted due to globalization. The preventive approach is to provide a plurality of solutions. This discussion was set in overall framework for rule of law as well as security of peace, to broaden SD around four interdependent points:
1) SD is firmly established in international law but must be implemented.
2) SD based on human need.
3) SD is corner of democracy
4) SD must be promoted."
"SD is recognized as hard law and firmly established. It is assigned to all peoples by the human rights covenants. There are many contemporary forms of domination and colonization. The Barcelona conference felt it was discriminatory to have one standard with different types of entitlements. Both categories are based on arbitrary and overlapping criteria. The Barcelona report tries to move apart from the nation state toward SD grounded in basic human rights. It is also to construct alliance on basic impulse of desire to be free and rid of oppression. This right is at the core of self-determination. Every group and every individual is entitled to that right. From the perspective of conflict prevention, conflict arises when that claim is denied. SD should be seen as a process to fulfil human need and provide security in ecological, political and security related to human rights. Since different groups have different needs, different modalities should be explored." Ono Seroo concluded with important point that, "A people will never make a compromise on right of SD but a compromise can be done. Conflict may arise from lack of alternatives. SD like democracy is right to choose. It is a process to choose. It is based on dialogue and consensus building."

Erkin Alptekin, General Secretary of UNPO, spoke of the role UNPO has played in this field to guarantee the right of self-determination, stressing the power of nonviolence. One of Alptekin’s main points was the missions of observers trained in human rights and peace going to document and also demand international promises become a reality in the lives of people. "Early warning functions such as fact finding are very important for conflict prevention," Alptekin said. “There is frustration because international community doesn’t live up to promises in international documents."

Willie Littlechild, Permanent Forum member and honorary Cree Chief, described his decades of work in the arena of international law to see the right of self-determination. Since 1977, he has been able to inject legal language into documents and participate in many meetings. He noted the difficulty dealing with certain governments but also the possibilities for true partnerships between IPs and civil society.
Littlechild said, "Notwithstanding all of these meetings and conferences, there is still continual refusal for UN to recognize us as peoples. How do they refer to us? They call us indigenous populations, societies and communities. Our elders say what are we if we are not human beings. It is like animals. Elders say the reason they do not want us to be recognized as peoples is because they can continue to deny us human rights. If they stop, they would have to recognize us as human beings and honor our human rights. Even without elders coming to UN they understand." He continued, "I said to them if you recognize us as peoples the sky will not fall. You will open up a forum to contribute to the world family. It started in 1988 and 1989 at the ILO convention. There was a clause that qualified our right to SD. Governments said if you want the convention to be passed you have to agree that term people will not be seen as people. That article is now used by some states. At the WCAR, let me say it again, at the World Conference AGAINST racism there is still discrimination by qualifying the right to self-determination. There is a double standard now."
Littlechild had two suggestions to transform current circumstances for civil society. "We as IPs need your support. We need your support to call and urge state representatives to recognize IPs with full right of SD. In fact, you should ask them why do we have two standards. One for non-IPs and a lesser one for IPs. It is a qualified right. I would be interested in that right too. If they can’t answer then they should support the IP caucus to pass the UN DDRIP Article 3 as it is currently worded. It took 8 years and it is now 9 years at WG DDRIP. It will be up for discussion. I call on you to support the IP position."
His second suggestion "Urged civil society organizations and state representatives to call on governments to honor and respect those treaties as close to spirit. Treaties are evidence of the right of SD. They require that respect to be honored. I would ask for your support. If we do that together, then the theme of the decade will be put into reality. Then the partnership in action will be created. If we call on member states, I firmly believe we will have a better world. I do not believe if we do it, that IPs will tear existing nations into pieces. I have been coming since 1977, I never heard one of our representatives state that if you recognize our right to SD, we will return and tear up Canada. All we are asking for is equal rights for all. All we are asking for is to recognize us and our human rights."

Michael Van Walt, former director of UNPO and expert in the field said, "One of the principle prerequisite to promoting SD as tool to prevent conflicts is to have a clear and consistent understanding of what it means. Our contribution can be to elucidate that right so when it is misused by press, government, textbooks it can be corrected by us. SD is not just a fundamental right it is also a prerequisite for other human rights. If as a group you cannot exist as a people, you cannot express your cultural identity, national identity and bonds with earth, then individual human rights cannot be fully exercised or meaningfully fully exercised."
Civil society should inject into human rights bodies and treaties and hold SD conferences on specific cases. This is central to the UNPO’s work. It is from perspective of its members that UNESCO Barcelona organizes conferences to inject the issue in the UN. "To insist on and create a balance between pragmatic needs but also moral, philosophical and legal means is essential," according van Walt. "People feel there must be pragmatism or a principled position. You can have a principled position and pragmatic application at the same time. That is a contribution CS can make ourselves but also question and challenge our governments. When governments act contrary to policy or against international law, it must be challenged. In the long term it is in interest of our government, it is up to us for ethical, moral stands because it will happen to us."

The panels came up with common points and even recommendations for the realization of the right of self- determination and conflict prevention.
- The desire for self-determination is often embodied in civil society, as part peoples’ movement for self- Determination
- With regard to the prevention and peaceful resolution of self-determination conflicts, Civil Society has a fundamental role to play.
- Civil society has a task to elucidate the principle and the right to self-determination in a broad sense, not in the last place by undertaking concrete actions against incorrect interpretations.
- Civil Society’s role is to raise awareness on, and solidarity with self-determination movements and their claims, in particular to remind of the principle of equal rights and self-determination of peoples and in balance with the respect of rights of others.
- Civil Society has a specific role to remind States and underrepresented peoples for the need to exhaust all possible ways to resolve their differences peacefully.
- Civil society should advocate the peaceful exercise of self-determination on the basis of equally applicable criterias.
- Civil society organisations may function important bridge builders between the peoples and civil societies of the conflicting parties concerned, providing thus channels and contacts that may prevent at determinate moments from possibly escalating into violence.

Concrete appeal proposals for civil society to assist in right of peoples to self determination.
- to call upon States to approve the Draft Declaration on Rights of Indigenous Peoples
- to raise self-determination issues and cases before the competent UN bodies and mechanisms
- to urge the Subcommission on the Promotion and Protection of Human Rights to elaborate a workpaper that reconceptualizes the right to self-determination and its contribution of its application to conflict prevention and resolution
- to urge the competent UN bodies to create a mechanism to assist in the peaceful resolution of self- determination claims
- to create a website elucidating the self-determination claims of self-determination movements
- to Johannesburg have IPs without any restriction
- Right of Peoples to Self-Determination and Conflict Prevention

The WCSF would affirm, support and reiterate the fundamental principle that human rights are universal and a human rights based approach be adopted in all of the work of civil society, the UN system and states. That is the fundamental principle.
The WCSF call upon the UN system and states to immediately pass the UN Draft Declaration on the Rights of Indigenous Peoples in the form in which it was approved by the UN Working Group on Indigenous Peoples in 1993. If we say human rights are universal then we call for passage of universal standard for indigenous peoples.
The WCSF call upon own members, states and UN system to use indigenous peoples with the "S" without any qualification. It is important to speak to the right of indigenous peoples as indigenous cultures are collective. This should begin with the Johannesburg conference Earth Summit.
The WCSF strongly endorses and supports the UNESCO Center Catalonia initiative that self-determination is a process for conflict prevention and resolution. It has been developing for many years. Instead of proposing there is a right for SD and fighting for it. We look for it as a process where we can seek solutions to conflict. If there is any need for application in this world it is for conflict prevention and resolution. World Civil Society Forum endorses and encourage theme of UN HR Decade of Partnership with IPs and endorses the UNDP Policy of Engagement with IPs as a prototype model which UN agencies and states should adopt in their undertakings with indigenous peoples and peoples under foreign occupation or alien domination and civil society.
World Civil Society Forum supports meetings of the UN Working Group on Indigenous Peoples in the UN system.
World Civil Society Forum endorses and support real partnerships between CS, UN and states. We would also endorse a policy of engagement with UNDP. UNDP is the only agency within the entire UN system that has a published policy statement on engagement with indigenous peoples. It provides that SD is defined in international covenants. Whenever there is a program or a policy, UNDP cannot move individually. Their policy requires they must have advise from civil society and indigenous peoples. It is the only organization that focused on issues indigenous peoples have been talking about and these are the same areas civil society is concerned with. It is open transparency, redefining globalization, looking for utilization of process of conflict resolution. UNDP policy is a human rights based approach to sustainable development. They do not consider sustainable development unless based on a human rights approach. UNDP has this policy for engagement. It is a foundation for what a real partnership is. There are many approaches and hope WCSF could adopt it is because there is a prototype model. There is one UN organization that can have a policy of engagement this is a good prototype.

All of these proposals aim to focus on right of self-determination and conflict prevention. The coordinators of the Working Group vow to continue work on important area of right of peoples to self-determination with other programs and policies. There is also focus on nonviolence and ability for peoples’ movement to enact positive social change in global politics to recognize and respect the right of self-determination for all peoples.