GENEVA –In Commemoration of International Day of the World’s Indigenous Peoples, a group of UN independent experts* issued the following statement:
“In honor of the International Day of the World’s Indigenous Peoples we recall that self-determination is a fundamental principle forming the core of the international order in which human rights and freedoms can be realized, as confirmed in the Charter of the United Nations, and reaffirmed in resolution 2625 (XXV) entitled “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States”. Article 3 of the UN Declaration on the Rights of Indigenous Peoples stipulates the right of indigenous peoples to self-determination by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development”. Article 1 common to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) reaffirms the right of all peoples to self-determination, namely to “freely determine their political status and freely pursue their economic, social and cultural development”.
States parties to the afore-mentioned Covenants are obligated to promote the realization of the right of self-determination in non-self-governing territories and to respect that right, in conformity with the provisions of the Charter of the United Nations. All states have a duty not to recognize as lawful any situation created by a breach of self-determination, such as the illegal annexation of territory, the denial of independence, or the exploitation of natural resources. States must also not provide any aid or assistance to maintain illegal situations, including through military, economic or other support.
As the international community celebrates the spirit of the Olympics in France, we are reminded that self-determination is also a value of the Olympic movement that aims to support harmonic, human development all over the world for the creation of peace-loving societies that protect human dignity. The Olympic Truce calls for promotion of peace, dialogue, and reconciliation, and we are inspired by the democratic values of Liberté, Egalité, Fraternité emphasized at the opening ceremony of the Olympics. We encourage states to pursue an international solidarity approach to resolving the conflicts in non-self-governing territories by strengthening human rights in the search for a solution.
In accordance with the International Court of Justice’s recognition of the link between discrimination and violation of self-determination in its Advisory Opinion on Palestine of 19 July 2024, there is serious concern that discriminatory measures applied by States against solidarity activists in non-self-governing territories affect human rights. Particularly affected are the rights to freedom of movement, expression, assembly, association, political participation, education, housing, health, and cultural rights, resulting in cumulative infringements on the enjoyment of the right to self-determination. Oppressive, overly broad interpretations and application of laws and policies to counter terrorism or extremism will only worsen resentment and foment radicalization.
States are encouraged to support participatory initiatives in mechanisms that are inclusive of youth, women, minorities and indigenous peoples in pursuing the realization of the right to self-determination, which requires “a free and genuine expression of the will of the peoples concerned”, as recognized by the International Court of Justice in its Advisory Opinion on Western Sahara of 16 October 1975.
There is an urgent need to protect non-self-governing territories, strengthen peaceful resolution of disputes. and pivot towards a focus on sustainable development that would provide durable solutions to end the protracted displacement of people in such territories. It is imperative that the free, prior, and informed consent of indigenous peoples is obtained for the development of investments involving agriculture, fisheries, mining, and exploitation of natural resources.
A necessary element of a peaceful path towards self-determination would be the creation of truth and reconciliation commissions to provide an account of enforced disappearances, arbitrary detention, attacks on civilians, violence against indigenous, women and other human rights defenders, and other violations of human rights and international humanitarian law committed by actors on all sides. Such measures are necessary to create an open environment of mutual respect, trust, empathy, forgiveness, and reconciliation. The attainment of sustainable peace requires consistency with the principles in the United Nations Charter and constructive, open negotiations. Moreover, a solidarity approach would include women, indigenous people, and minorities in political representation, amnesties for solidarity activists and their families who have not violated international law, and repatriation, reintegration and rehabilitation initiatives for those in exile or displaced.”
* Cecilia Bailliet, Independent Expert on human rights and international solidarity; Michael Fakhri, Special Rapporteur on the right to food; George Katrougalos, Independent expert on the promotion of a democratic and equitable international order; Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism;
The Special Rapporteurs and Independent Experts are part of what is known as the Special Procedures of the United Nations Human Rights Council. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
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