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Ðåøåíèå êîíôåðåíöèè â Ñâàëÿâå 8 àâã. Ãîäîâùèíà Äåêëàðàöèé "Î ïðàâàõ êîðåííûõ íàðîäîâ" Àíãë.ÿçûê.
Á. Ëàêàòîø: Association « [SOYM] of Subcarpathian Ruthenians» International Carpathian Institute Resolution of the scientific-practical conference «The anniversary of the international instruments on the Rights of Indigenous People» 8 August 2009, Svalyava, Transcarpathia, Ukraine The participants of the conference considered the following facts: 1. Declaration of the UN «The Rights of Indigenous Populations» from 1994. According to the UN document E/CN.4/Sub.2/AC.4/1994/2., "The indigenous peoples are indigenous communities, peoples and nations ... wishing to maintain , develop and transmit to future generations the territories of their ancestors, and their ethnic identity as the basis for their continued existence as a people in accordance with their own cultural patterns, social institutions and legal systems ...". 2. Declaration of the UN «The Rights of Indigenous Peoples» (UNDRIP), adopted at the United Nations General Assembly at its 62 th session at the UN headquarters in New York on 13 September 2007. 3. The decree ¹ 61/295, which reflects the principles of the Universal Declaration of UNESCO on Cultural Diversity (2001), the Convention for the Protection of World Cultural and Natural Heritage of 1972, the Convention on the Safeguarding of the Intangible Cultural Heritage in 2003, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in 2005, the UN Global Consultation on the «Right to development» of 1990. 4. The International Labour Organization Convention ¹169 on the «Right of the people associated with the natural resources within their territory, requiring special protection. These include, inter alia, the right of people to participate in the use, management and protection of natural resources » (Article 15.1). 5. Documents of the organization CAN (Climate Action Network International), that welcome the invitation of the subsidiary body for advice on scientific and technological aspects (SBSTA), contained in document FCCC/SBSTA/2008/L.23, paragraph 11, and expresses an opinion on the problems of indigenous peoples and local communities regarding the development and application of methodologies. 6. The fact that the Ukrainian authorities for already 18 years had defiantly ignored the law, which was the will of the Subcarpathian Ruthenian people on the autonomy, expressed in the referendum of 1 December 1991. 7. Critically high level of unemployment among the local Ruthenian population and ongoing «quiet» deportation of the indigenous Subcarpathian Ruthenians, forced to leave the region (around 5000 people annually). 8. Until today there is a secret government anti-Ruthenian «Plan of actions ...», which rudely ban Ruthenians from saving their ethnic roots, and holding local referendums on important issues of recognition of Ruthenian nationality, self-governing and self-determination. 9. Rights and interests of indigenous Ruthenian people should be at the heart of any successful and well-balanced policy of the state. 10. Indigenous people should play a major role in the management of natural resources and their control. 11. Indigenous people should be involved in the restoration of their territorial borders and their status, as the common violation of their rights is the direct result of wrong strategies, not adhering to their fundamental right to self-determination. Delegates agreed: 1. To recommend the Supreme Council of Ukraine to ratify the UN Declaration «About the Rights of Indigenous Peoples» from 1994, and adopted by General Assembly resolution 61/295 of 13 September 2007. 2. To bring to the attention of the UN Committee on the Elimination of Racial Discrimination an information of the gravest violations of human rights and freedoms of indigenous Subcarpathian Ruthenians by the Ukrainian authorities, in complete disregard for the recommendations of the UN Committee of 2007; 3. To condemn the Ukrainian criminal «State Plan of Actions ...» of 1996 on ethnical liquidation of the Ruthenian nationality, which is a documented proof of actions of the Ukrainian authorities on forced assimilation and discrimination of the Ruthenian nation. 4. To assume cancelled by the authorities of Ukraine line «nationality» in birth certificates as a proof of ethnocide and violation of the rights of the indigenous people to retain their nationality «Ruthenians». 5. To recommend to the [SOYM] of the Subcarpathian Ruthenians take on this document a separate decision. In addition, the adopted Declaration of December 15, 2007, «The economic doctrine of Subcarpathian Ruthenians» of 2008 and other resolutions of the Ruthenian organizations to be supplemented in accordance with the UN Declaration of «The Rights of Indigenous Peoples» of 2007, namely the following: Article 3. Indigenous peoples have a right to freely determine their political status and freely pursue their economic, social and cultural development. Article 4. Indigenous peoples, in exercising their right to self-determination have the right to autonomy or self-government in matters relating to their internal affairs, as well as ways and means for financing their autonomous functions. Article 5. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so wish, in the political, economic, social and cultural life of the State. Article 7. 1. Indigenous peoples have the right to life, physical and mental integrity, liberty and security. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be a subject of any act of genocide or any other act of violence, including forcible transfer of children from one group to another group. Article 8. 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms to prevent and reimburse: (a) Any action that has the purpose or effect of dispossessing indigenous peoples of their integrity as distinct peoples, or of their cultural values or ethnic identities, (b) Any action that has the purpose or effect of dispossessing them of their lands, territories or resources, (c) Any form of forced population transfer that has the purpose or effect of violating or undermining any of their rights, (d) Any form of forced assimilation or integration, (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them. Article 13. 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, as well as to designate and retain their own names for communities, places and persons. Article 14. 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their native languages in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of the State education without discrimination. Article 16. 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. Article 18. 1. Indigenous peoples have the right to participate in decisions on matters, which may affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own decision-making institutions. Article 20. 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, secure in the enjoyment of their own means of subsistence and development… Article 28. 1. Indigenous peoples have the right to reimbursement, by means that can include restitution or, when this is not possible, fair and equitable compensation for the lands, territories and resources, traditionally owned or otherwise occupied or used, and that have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. Article 33. 1. Indigenous peoples have the right to determine their own identity in accordance with their customs and traditions. This does not prejudice the right of indigenous individuals to obtain citizenship of the States in which they live. Article 36. 1. Indigenous peoples, in particular divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities in the spiritual, cultural, political, economic and social purposes with its own members, as well as other peoples across borders. 6. To request the United Nations and European legal institutions help the Subcarpathian Ruthenians to hold a plebiscite (referendum by secret ballot) on self-determination in the restoration of Ruthenian nationality, and the right of indigenous people to freely determine their future status within the country. 7. To contact the Fund UNICEF, formed by the General Assembly in 1946 (and remaining one of the organs of the United Nations assisting in education), to assist in organizing the Ruthenian schools. 8. To support (through the representatives of the Subcarpathian Ruthenians in different countries) world Ruthenian Diaspora, informing them about the plans of Subcarpathian Ruthenians to restore their rights as a political nation, lost in the Stalin period after 1945, and grossly neglected by Ukraine since 1991. 9. To contact again the Transcarpathian Regional Council with a request to support the rights and freedoms of indigenous Subcarpathian Ruthenians according to the UN Declaration «About the Rights of Indigenous Peoples» from 2007. To write a letter (attached) on the prohibition to sell land and buildings without the consent of the indigenous people. 10. To contact again the Department of Education, and Transcarpathian Regional State Administration to organize in schools from October 1st 2009, studying of the Ruthenian language and culture, history and geography, (as an option for facultative courses). 11. To recommend to the [SOYM] of the Subcarpathian Ruthenia, that would take place in September 2009, a scientific conference and a commemorative meeting to mark the 90 th anniversary of the Saint-Germaine peace treaty, according to which the Republic of Subcarpathian Ruthenia seceded from Hungary with the status of the Autonomous Republic and joined the newly established Czechoslovakia with the right of the broadest autonomy, enshrined in the Constitution of Czechoslovakia of 1920. 12. This document is translated into Ruthenian, Ukrainian, Russian and English languages, each of which has the same effect. Conference Chairman: Archpriest Dimitry Sydor President of the Ruthenian Centre: Prof. I. Krivsky The Secretary of the conference: member of the International Carpathian Institute, B. Y. Lakatosh
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