Geneva – A Parallel Event was organised under the auspices of International Human Rights
Association of American Minorities (IHRAAM) supported by International Commission for
Human Rights (ICHR), Indigenous Peoples and Nations Coalition (IPNC) and Koani Foundation
at the 38th session of the United Nations (UN) Human Rights Council at the Palais Des Nations,
Geneva in Room XXVII. The title of the event was: “Human Rights Globally, Promotion and
protection of Human Rights are enshrined in the Universal Declaration of Human Rights and
the Charter of the United Nations including peoples right to Self-Determination.”
The event was moderated by Barrister A. Majid Tramboo and he was joined by fellow
panelists Professor Alfred De Zayas, Frank Schwalba-Hoth, Professor Nazir A. Shawl,
Ambassdor Ronald Barnes and Leon Kaualhao Siu.
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Barrister Tramboo (IHRAAM & ICHR) opening remarks were focused on the most recent High
Commissioner’s Report prepared by Zeid Ra’ad Al Hussein on Jammu and Kashmir (titled:
Report on the Situation of Human Rights in Kashmir: Developments in the Indian State of
Jammu and Kashmir from June 2016 to April 2018, and General Human Rights Concerns in
Azad Jammu and Kashmir and Gilgit-Baltistan) released on 14th June 2018. Whereas Barrister
Tramboo welcomed His Excellency’s recommendation to initiate an Independent enquiry
commission to investigate the allegations of gross human rights atrocities in Indian occupied
Kashmir, however, he proposed that a panel discussion must take place on the elements of
the report either by the time the of the 39th or 40th session of the Human Rights Council will
take place. Further, Barrister referred to the IHRAAM/CPG-OHBCUD intervention at the 22nd
session of the Working Group of Experts on Peoples of African Descent (WGEPAD) and
highlighted the Salient features of the intervention including the activities with which the
Core Planning Group is presently engaged (copy intervention attached).

Continuing the discussion,
Frank Schwalba-Hoth (Political Strategist, founder German
Greens and former MEP)
addressed the issue of self-determination globally and highlighted
that states are frightened to ever accept or give states the right to self-determination is down
to the changing of the borders. He explained that the European Union is always open to
selfdetermination so long as current borders are not violated or misaligned. Mr Schwalba Hoth’s
final remarks were entwined into the Kashmir dispute, he said that whilst the Kashmir dispute
is justified amongst various European states, they could not be publically vocal to support the
issue because of their own self-determination issues.

Professor Nazir A. Shawl (Chairman, SACFPHR) commented that the High Commissioner’s
Report is indicative of the promise given to Jammu and Kashmir for the protection of human
rights and fundamental freedoms. Professor Shawl referred to the report for highlighting the
gross human rights atrocities in Jammu and Kashmir spanning from June 2016 to April 2018.
He went on and commented that the report was symbolic and historic to propel the Kashmir
issue into the limelight.

Ambassador Ronald Barnes (Chair and Director of Indigenous Peoples and Nations
Coalition; Head of Mission in Geneva for the Alaska decolonization movement)
praised the
work done by Barrister Tramboo and others and praising the nature and contents of the High
Commissioners report which highlights the atrocities in Jammu and Kashmir. Ambassador
Barnes went on to analyse the indigenous movement in Alaska in the direction of the right to
Supported by ICHR, IPNC and Koani Foundation

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The discussion moved on with Leon Kaualhao Siu (Minister of Foreign Affairs and spokesman
for the Hawaiian Kingdom
) who explained whilst Hawaii have their own issues on human
rights and self-determination that the issue is widespread across the globe. He went on and
said that Hawaii’s situation is not so dire but that educating and talking to people about the
situation is the biggest obstacle in the Hawaii issue. He was thankful that the UN offers him a
platform to bring the Hawaii question to the forefront of the self-determination and human
rights discussion across the world. He felt that the UN is now taking the issue seriously and
looking into the issue more carefully.

The event concluded with a key intervention by Professor Alfred de Zayas (Independent
Expert for the Democratic and International Order for the Human Rights Council and
Secretary of the Human Rights Committee [former]). Professor De Zayas enunciated that
every state in their plight for self-determination has the fundamental right to fair vote and
fair referenda. He went on to emphasize that Article 19 of the International Covenant for Civil
and Political Rights (ICCPR), the International Covenant for Economic Social and Cultural
Rights (ICESCR) and the UN Charter words are clear in that these international legislations do
not target a specific group of people but rather that everyone is entitled to their own basic
rights and that is inclusive of the right to determine one’s own statehood.
He concluded by endorsing the High Commissioners concluding remarks in the report and
specifically emphasized the need to establish a commission of inquiry to conduct a
comprehensive independent international investigation into allegation of human right
violations in Kashmir. Professor De Zayas called upon the UN to investigate the allegations of
human rights violations in Kashmir based on the powerful nature of the report. He explained
that the Kashmir issue has been on the UN agenda since 1947 but criticsed the UN for their
failure to resolve the issue till date. He called upon the General Assembly to revisit the
resolutions that were adopted at the time of the Kashmir issue because they were
‘fundamentally flawed’ because the indigenous population were prevented from fair
referenda or even voting on their right to self-determination.