A/HRC/24/38
these institutions54, the Security Council55, and the World Trade Organization is necessary.
Maybe alternative institutions should be devised.56
29.
In the domestic arena, there are as many obstacles. Communications received from
civil society organizations claim that, for a variety of reasons, which vary from country to
country, some people cannot participate in decision-making. As highlighted by the Working
Group on the issue of discrimination against women in law and in practice, structural and
social discrimination against women prevent them from taking part in political and public
life in all almost all countries in the world.57 It is unacceptable that a number of women
who have taken part in peaceful protests in some parts of the world have met with violence,
including sexual violence. States must demonstrate determination in putting an end to
structural violence, and implementing positive measures to ensure the participation of more
than half of the Earth’s population in public and political life.
30.
Indigenous groups58 maintain that they have been denied effective representation
and that their participation is essentially pro forma, since, regardless of their views,
governments pursue their own agendas and only perfunctorily listen to them. In particular,
some indigenous claim material breaches of treaties 59 made by their ancestors with the
European powers, others claim deception when the treaties were made. They maintain their
right to self-determination, autonomy and identity, including sovereignty over their natural
resources, which have been taken from them without their consent and without appropriate
compensation, in contravention of common article 1 of the ICCPR and ICESCR. A
fundamental issue to many indigenous is that of their status as peoples, since they do not
want to have the citizenship of the country which colonized them; in some cases, they
challenge self-determination referenda in which they claim they had little or no possibility
to manifest their will.60 They maintain that the right of self-determination cannot be
exercised against the will of the population concerned, and that self-determination
referenda should only allow the indigenous to vote and not the colonizers.
31.
Many other groups at risk – including human rights defenders, students, minorities
and people living in poverty – suffer from a lack of genuine participation in society and in
decision-making. It is crucial that States take appropriate measures to ensure that obstacles
54
55
56
57
58
59
60
Yilmaz Akyüz, Reforming the IMF : Back to the Drawing Board, Third World Network, Penang,
Malaysia, 2006.
International Law Association, Study Group on United Nations Reform,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1971008; Hague Academy Lectures of Vera
Gowlland, “The Relationship between the Security Council and the International Criminal Court”
http://untreaty.un.org/cod/avl/ls/Gowlland-Debbas_PS.html; “The Relationship between Collective
Security and State Responsibility” http://untreaty.un.org/cod/avl/ls/Gowlland-Debbas_S.html;
Alejandro Teitelbaum, “Naciones Unidas: Reformarla o Reconstruirla?” published in Derechos de los
pueblos y gobernanza mundial, Facultad de Humanidades y Ciencias de la Educación (HUHEZI) de
la Universidad de Mondragón), Iruñea, 2007, pp. 77–118; Erskine Childers and Brian Urquhart,
Renewing the United Nations System, Uppsala 1994; Joseph Schwartzberg, Revitalizing the United
Nations, New York 2004.
Samir Amin, Global History - a View from the South, Oxford, 2010; Samir Amin, Ending the Crisis
of Capitalism or Ending Capitalism? Oxford, 2011.
A/HRC/23/50.
See reports of the Special Rapporteur on Indigenous Issues. See also the statement of Special
Rapporteur on Indigenous Issues on the occasion of the Twelfth Session of the United Nations
Permanent Forum on Indigenous Issues, 22 May 2013.
See http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/696c51cf6f20b8bc802567c4003793ec.
See, for instance, “shadow reports” submitted to the Human Rights Committee and to the Committee
on the Elimination of Racial Discrimination by indigenous groups, and the recommendations in the
relevant concluding observations http://www1.umn.edu/humanrts/usdocs/hruscomments2.html.
11
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