Item 6: Other issues Promotion and Consolidation of Democracy - the Right to Self-determination

Treatment of Refuges and the right of displaced people to return Chenchnya and African Countries

Mr Chairperson

Promotion and Consolidation of Democracy - the Right to Self-determination

Under this item, Pax Romana wishes to raise an important issue that has been cross-cutting into most of the agenda items of the present session of the Sub-commission as well as in the previous years, namely, the right to self-determination of peoples.

In this presentation on Promotion and Consolidation of Democracy, Mr. Cuadros mentioned the role of the right to self-determination in the seventies in dealing with democracy. And Ms. Kouffa in her concluding observations contained in Document E/CN.4/Sub.2/2001/31 states "to reduce terrorism" that "all efforts must be made to address better the realisation of human rights, in particular, in relation to self-determination, racism, internal ethnic and political representation and class-based economic or cultural divisions in society. The same right has been in the forefront regarding the political participation of minorities and indigenous peoples within existing democracies of member States.

In its recent seminar before the Sub-Commission, Pax Romana along with UNPO, the Saami Council and the UNESCO Centre (Barcelona), looked at the intrinsic relation between the promotion of the right to self-determination and the advancement of democracy and good governance at all level.

Mr Chairperson,

The 1993 Vienna Declaration and the Programme of Action in para 2 clearly affirms the relation between self-determination and democracy by placing a positive obligation on States to have a representative and participatory government that represents "the whole people without distinction of any kind". A State that gravely violates its fundamental obligations loses the legitimacy to govern them.

The contents of democracy, good, governance and representative government are constantly expanding. Nowadays, instead of being reduced to a simple majority rule, democracy will be upon its provisions to allow for the participation in decision making of minorities, indigenous people, women and others. In this sense, the right of self-determination is a right of choice and of participation. In other words, it is governance based on consent.

Given all the above considerations, Pax Romana once again proposes that the Sub-commission will eventually take up an expanded study in order to update its earlier reports with a thematic and horizontal overview in relations to other agenda items of the Sub-commission.

This overview should lead to an updated view on the right to self-determination as well as on how treaty bodies and other UN mechanisms can effectively implement it.

Already, the Committee on Economic, Social and Cultural Rights is asking the State parties how they are implementing Article 1 of the Covenant, which states "all peoples have the right to self-determination".

By virtue of their right, they freely determine their political status and freely pursue their economic, social and cultural development. Above all, it would contribute to prevention of conflicts.

Treatment of Refugees and the right of displaced people to return Chenchnya and African Countries

Mr Chairperson,

One of the main principles of the Charter of the UN is the principle of non-discrimination. This principle is mentioned in many Conventions and declarations on Human Rights. The importance of this notion is more evident in the case of armed conflicts where the victims are essentially innocent civilians. Armed conflicts negatively affect vulnerable groups such as refugees, asylum seekers and displaced people. These groups need adequate assistance and protection not only by their countries of asylum but also by the international community.

Unfortunately, we continuously witness gross violations of their rights. In many cases, reported and unreported, refugees have been victims of brutality by government officials and/or nationals of their countries of asylum.

The case of the Chechnya refugees needs a particular attention. According the report produced by the UNHCR the number of refugees who were forced to leave their homes and sought refuge in neighbouring countries is estimated at 250,000. They live in refugee camps which are alarmingly overcrowded and where the conditions of life are unbearable. May we recall that these refugees include unaccompanied children, orphans, widows, old people and other vulnerable categories of people.

Since April 2001 there is no distribution of hot food and bread, clothes and other basic facilities, which make their lives miserable, especially during cold weather. The humanitarian assistance proposed by different organisations is insufficient because of the difficult access to the territory of Chechnya and Ingushetia. Some of these people try to find the asylum in the different parts in Russia but the Russian authorities often refuse to give the official papers. And without these papers the people are often arrested based on their nationality. During detention, the Chechen refugees are beaten and humiliated by the police.

Pax Romana also wishes to express its concern on the regrettable incident, which occurred in Central African Republic this year. During and after the failed military coup against President Ange Felix Patasse, refugees of Rwandan origin were harassed by government officials and local people on the allegation of Rwandan involvement in the coup attempt.

Some of the refugees were brutally killed and others are reported missing. This reaction was a sign of xenophobic and discriminatory behaviour against refugees and should be investigated.

In Malawi, an order was issued this year to stop refugee-owned minibuses from operating on the Malawian territory. This order has a socio-economic implication and violates a provision of the 1951 Convention, which stipulates that refugees should be given treatment at least as favourable as that accorded to the nationals. Article 18 specifies the right of refugees to self-employment.

Pax Romana draws the attention of the Sub-commission to the rate of unaccompanied children refugees, which is on increase in European countries and demands the Sub-commission to urge the relevant authorities to provide appropriate care and assistance to these children.

Pax Romana expresses its concern and asks the Sub-commission to persuade the Russian Federation, and other countries hosting refugees, to execute their international obligations, to assume the protection and safety of the refugees and their access to adequate supplies of basic essentials such as food, clothing, medical care and adequate shelter and to recognise the rights of refugees and other vulnerable persons - victims of conflicts.

This year marks the 50th Anniversary of the Convention on the Status of Refugees. Only 137 States have ratified this Convention today, Pax Romana urges the Sub-commission to encourage those States yet to sign and ratify it, to do so.

Thank you Mr Chairperson.