Implementation of the Right of Peoples to Self-Determination – Avoiding Conflicts

December 29, 2011

Donor: Delegation of the European Union to the Republic of Serbia

Duration of project: January 2011 – December 2011 

Self-determination started as a political prescription, as a principle of fairness in international politics and as a recommendation on how to establish and maintain durable peace in certain parts of the world. It was later proclaimed to be a legal principle or, more precisely, a collective human right. Problems that Europe faced after the dissolution of Yugoslavia brought to the international agenda the desire of some ethnic groups in Europe to create or revive their own nation-states through secession.The purpose of this project is not to examine the case of Kosovo, but to concentrate on the specific problems that are contributing to legal and political unclearness of the self-determination concept. Mainly the project will focus on: tension in the international law between the principle of territorial integrity of states and the right of peoples to self-determination; the relationship between the complexity of ethnic and national minorities existing in a region and the issue of indigenous peoples, including the question whether different concepts have originated because of different geographic and historical settings; the involvement of international organisations in post-conflict state and nation-building; legitimacy and the limits of this type of intervention in internal conflicts or in post-conflict situations, considering the international obligation to respect both the territorial integrity of the states and the principle of self-determination. Issue of self-determination will be enlightened trough carefully selected cases of self-determination aspirations. BCHR’s researchers will look at least into the cases of Quebec, South Ossetia, Northern Ireland, Transnistria. The basic question is to what extent do practices related to the acceptance of the right to self-determination and their results influence relevant rules of international law.

Tackling the issue of self-determination from the perspective of an objective academic community will contribute to the building of a democratically consolidated society that capable of openly discussing confronting issues and contribute to processes of peace building and reconciliation in the region. It is no very likely that consensus on self-determination can be easily achieved but providing stakeholders with adequate information, literature and opportunities for open discussion is certainly the first step in that direction. In order to achieve that goal BCHR will create internet date base and translation of relevant scientific articles and publications, and findings is envisaged as a tool through which one can obtain fresh perspectives on the principle of self determination. We hope that it will be used by journalists, lawyers, political scientist, sociologists, historians and university students that can consult the database and cite the material therein in their academic work.

Also the project will contribute to networking among domestic and international experts, students, journalist and other stakeholders. BCHR will organise the international conference in Belgrade that will be attended by experts from abroad, and from Serbia. Also two round tables will be organized for law and political science students, in Belgrade and Nis, and training for journalists will provide them with an overview of the issue but most importantly will present them with date base created in this project.