SPECPOL AO CHEN, TAM-MY DANG, AMALIA MASTROBERARDINO

Transcription

1 0 SPECPOL SPECPOL AO CHEN, TAM-MY DANG, AMALIA MASTROBERARDINO SPECPOL MariMUN 18 February 17, 2018

2 Contents Introduction of the Chairs and Vice-Chairs... 1 Ao Chen... 1 Tam-My Dang... 1 Amalia Mastroberardino... 1 Welcome from the Secretary General...2 TOPIC 1: Protection of Refugees: Rohingya in Myanmar...3 History...3 Recent History... 4 Past Actions...5 Questions to Consider...5 TOPIC 2: The Process of Claiming Independence... 6 Creating a new country... 6 Independence Referendums...7 Case Study Québec and Canada...7 Case Study Scotland and the United Kingdom... 8 Case Study Catalonia and Spain... 9 Role of the United Nations... 9 Questions to Consider Country List Bibliography SPECPOL 0

3 Introduction of the Chairs and Vice-Chairs AO CHEN Ao Chen is a banking and finance lawyer in the Montreal office of Fasken, an international business law firm. He advises borrowers and lenders, including lending syndicates, both nationally and internationally in a wide variety of transactions including corporate financing, project financing, acquisition financing and mezzanine financing. Ao was involved in Model UN since his CEGEP years at Marianopolis College and served as a Secretariat member at McMUN for two years and as chair at SSUNS. TAM-MY DANG Tam-My Dang is a fourth-year accounting student at Concordia University. She started her Model UN career in Sec. 5 at Collège Charlemagne and joined the MariMUN delegation the following year. She has now participated in, staffed and/or chaired many conferences including SSUNS, McMUN, MariMUN, JACMUN and Harvard s WorldMUN. She also helps the current Collège Charlemagne delegation as a substitute faculty advisor. Her favourite part of MUN is meeting new people and, most importantly, dressing up and looking sharp. AMALIA MASTROBERARDINO Amalia Mastroberardino is a first year Honours Social Science student at Marianopolis College. Having participated in conferences such as SSUNS, MUNC and MariMUN, this conference will be her first time chairing. Amalia lives at Starbucks, drinks too much Kombucha, and loves her dog, Luca, more than is humanly possible. She is excited beyond words to be your vice-chair at this year s MariMUN! SPECPOL 1

4 Welcome from the Secretary General Dear delegates, faculty advisors and MUN enthusiasts, My name is Ramiz A. Razzak and I am excited beyond words to serve as Secretary General for the 2018 edition of the Marianopolis Model United Nations Conference! Since its inception as a conference over a decade ago, MariMUN has strived to provide new and experienced delegates alike with a fresh take on the Model United Nations experience. We have achieved this primarily through our unwavering commitment to the delegate experience and our willingness to explore new and exciting committee ideas, a tradition which has been passed on through countless MariMUN Secretariat teams. As such, this year, we will be offering our largest selection of committees to date, from our timeless WHO and SPECPOL General Assemblies to thrilling Crises committees on topics ranging from Game of Thrones to the American Civil War. What s more, to cater to new delegates and initiate them to the workings of Model United Nations, we are continuing our widely successful Beginner General Assembly initiative while also adding a Beginner Crisis to our mix of committees. This is but one way in which MariMUN seeks to instill a passion for Model UN in our delegates all the while providing them with an educational experience. However, all of this is only possible because of our amazing staff and my wonderful Secretariat team, both of which have been working tirelessly to create a conference that will foster critical thinking, diplomatic finesse, logical debating and astute problem solving, all of which are fundamental skills for any global citizen. We have something for everyone at MariMUN, because our goal is to make sure that you have a truly memorable weekend. That is why I hope to see you there! Sincerely, Ramiz A. Razzak Secretary General, MariMUN 18 SPECPOL 2

5 TOPIC 1: Protection of Refugees: Rohingya in Myanmar Bordering the Bay of Bengal on the western coast of Myanmar is the Rakhine State, which is the least developed region in the Southeast Asian nation. Populating this region is an ethnic group often described as the world s most persecuted minority: the Rohingya (Myanmar: Who are the Rohingya?). Of Muslim faith in the Buddhist Myanmar, the Rohingya have suffered major, sometimes violent, crackdowns for decades at the hand of their own leaders who deny them their citizenship, leaving them no choice but to flee their homeland. HISTORY A Muslim population in Myanmar can be traced back to as early as the 9th century (Myanmar: Who are the Rohingya?) but it is during the British colonial era when the crisis begins, with Myanmar, formerly Burma, becoming colonized by the British Raj. Between its colonization in 1842 and then up until 1911, an expansion in rice cultivation in the province gave way to a wave of migrant labourers. During this time, the Rakhine State saw its Muslim population triple (Chan), with a large number coming from present day Bangladesh, also constituting the Raj. This simple fact made this migration an internal movement (Myanmar: Who are the Rohingya?), posing no issues until Burmese independence in 1948, when Rohingya were first excluded from citizenship with the Union Citizenship Act. This act, however, did grant the third generation of a Rohingya family living in Myanmar to apply. Unfortunately, the group lost this provision after a military coup in The modern Rohingya crisis would only begin almost forty years later in 1982 when a new citizenship law was passed, rendering them stateless for the next three decades and continues to affect the Rohingya to this day. The law outlined and Myanmar s 135 ethnic groups, in which the Rohingya were left unrecognized SPECPOL 3

6 once more. In consequence of this law, which made it nearly impossible for the Rohingya to be granted citizenship, the group saw severe restrictions on their rights to vote, work, travel, marry, the freedom of religion, receive an education and access to healthcare services (Myanmar: Who are the Rohingya?). Since independence, Myanmar has disregarded the Rohingya s claims of earlier settlement and has labeled them illegal Bangladeshi immigrants. The ethnic group has faced repression, violence and discrimination from their compatriots, forcing thousands out of their homes and onto boats seeking refuge in neighbouring countries. RECENT HISTORY More than three decades have passed since the new citizenship law and the conditions for the Rohingya do not seem to be improving. Numerous accusations have been made against Myanmar security forces who use violent means during crackdowns in which victims often report rape, torture, arson and murder (Myanmar: Who are the Rohingya?). These violations of human rights have been repeatedly denied by the country. Expelled from their home, the Rohingya have a hard time finding safety in neighbouring countries as well. Nations such as Bangladesh, Thailand, Malaysia and Indonesia often reject the refugees, leaving them stranded at sea or to return to a home to which they are not welcome. Although there are an estimated 500,000 undocumented Rohingya refugees living in Bangladesh (Amnesty International), they do not consider the Rohingya to be national to their country either, hence the statelessness of the Rohingya. However, the Rohingya are not completely on their own. Leaders of several Muslim-majority countries, such as Erdogan of Turkey, have condemned the persecution of the fellow Muslims in Myanmar (Dewan). Additionally, the conflict has also given rise to an insurgent group known as the Arakan Rohingya Salvation SPECPOL 4

7 Army (ARSA). Still in its youth, not much is known about the militant group, but one thing is clear: it is unlikely to match the power of Myanmar s forces (Tarabay). Thus far, Myanmar officials have brushed off the group by labelling them as terrorists, to which ARSA has denied. PAST ACTIONS Considering the extensive timeline of the injustice, little has been done to remediate it. After a vicious crackdown in response to the killings of border police in 2016, a UN official described Myanmar s behaviour as a textbook example of ethnic cleansing (Dewan). The UN s General Assembly adopted a resolution by the Organization of Islamic Cooperation which included granting Rohingya full citizenship (U.N. adopts resolution slamming Myanmar crackdown in Rohingya, defies opposition from China and Russia). The United Nations has also offered its expertise and wealth to help Myanmar defuse tensions between both parties but also recognizes that origins and solutions to the crisis rests on Myanmar s shoulders. QUESTIONS TO CONSIDER 1. What steps must Myanmar take to alleviate the crisis at hand? 2. How should the UN respond to the persecution of the Rohingya? 3. Do countries have an obligation to respond to the crisis? 4. How can the UN prevent future crises like this one from happening? SPECPOL 5

8 TOPIC 2: The Process of Claiming Independence A nation state is defined as a sovereign state inhabited by a relatively homogeneous group of people who share a feeling of common nationality (Nation- State). However, tensions can emerge between different populations within one sovereign state which occasionally leads to a minority population s desire to secede from the state and govern itself. Naturally, this can create conflicts, which often turn violent, between the national government and the minority population. CREATING A NEW COUNTRY International customs set three requirements for statehood: a defined territory, a permanent population and a government (Keating). Once these standards have been met, a government can declare independence to become a de facto state (Keating). At this point, international recognition is required to give a country legitimacy. Since recognition is granted at the discretion of existing states, some de facto states such as Palestine, Taiwan and Kosovo are only partially recognized by the international community: that is, certain blocs of countries recognize them while others do not (Keating). Regardless of who it is recognized by, a de facto state can benefit from territorial integrity, meaning the right to control its own borders and territory, and from certain guarantees of sovereignty (Keating). For instance, despite not being officially recognized by the United Nations, Kosovo is protected from the use of force by other countries under the UN Charter. Membership in the United Nations is generally used as an indicator of full international recognition (Keating). To join the United Nations, a state must apply through a letter to the secretary-general. The Security Council must then refer it to the General Assembly which votes on whether the state is a peace-loving state that SPECPOL 6

9 can carry out the duties of the UN Charter (Keating). The vote must pass with a 2/3 majority. Power politics plays a significant role in the acceptance of states in the UN. Indeed, many countries have difficult time joining the UN due to vetoes in the Security Council (Keating). INDEPENDENCE REFERENDUMS Before declaring independence from a sovereign state, governments must determine whether they have the population s support to do so which is often accomplished through referendums. These are often highly anticipated political events with much tension between the Remain and the Leave sides. Case Study Québec and Canada Since the 1960s, a portion of the Québec population in Canada has promoted the idea of Québec s independence from Canada. As a result, a referendum was held in 1980 asking whether the government should be allowed to negotiate a new constitutional agreement with the rest of Canada, based on the equality of nation (Hudon). The referendum failed, with 60% of votes on the No side. Nonetheless, the Parti Québécois, which initiated the referendum, continued to believe in the independence movement. In 1995, a second referendum was held with the question Do you agree that Québec should become sovereign, after having made a formal offer to Canada for a new economic and political partnership, within the scope of the Bill respecting the future of Québec and of the agreement signed on 12 June The referendum failed once again with 50.58% of the votes opposed to separation (Gall). Controversies regarding the counting of ballots, the eligibility of voters and other issues have since emerged (Gall) as Quebec sovereigntists blamed the involvement of the federal government for the defeat. One of these controversies SPECPOL 7

10 involve federal politicians encouraging Canadians to take part in a Unity Rally held in downtown Montreal (Valiente and St-Arnaud) which sovereigntists have called an attempt to undermine democracy. Furthermore, these referendums have led to disagreements concerning Québec s right to secede from Canada. In 1998, the Supreme Court of Canada declared that a unilateral declaration of independence by Québec would be unconstitutional (Gall). Based on this judgment, the Canadian government passed the Clarity Act in 2000 which requires a constitutional amendment for the secession of a province to occur. It also requires the House of Commons to determine whether an independence referendum has a clear question and whether it passed with a clear majority (Flanagan). It therefore gives the federal government significant power in the allowing a province to secede. In response, the Québec government also passed a law declaring that only a 50%+1 majority in a referendum was required for the province to secede (Hamilton). Case Study Scotland and the United Kingdom Scotland and England united in 1707 to create the United Kingdom of Britain, but in 2014, a referendum was held with the question Should Scotland be an independent country? (Spector). The referendum was allowed by the UK government in 2012 through the Edinburgh Agreement. Interestingly, the voting age was lowered to 16 years of age from 18 years for general elections (Spector). In the period leading up to the referendum, vandalism, violence and intimidation between opposing groups increased as tensions ran high which resulted in several people being injured (Gibson). The referendum failed with 55% of votes on the no side (Taub). Some attributed part of these votes to promises by leaders of all three major UK parties to offer the Scottish government more SPECPOL 8

11 autonomy should the no vote prevail. High profile politicians on the yes side also claimed that the BBC s news coverage was biased against independence (Green). Case Study Catalonia and Spain Catalonian resentment and the separatist movement had been growing since the 2008 financial crisis and its government held an independence referendum in October 2017 (Catalonia's bid for independence from Spain explained). Close to 90% of the votes supported independence, but only about 42% of voters turned out (Catalan referendum: Catalonia has 'won right to statehood'). Additionally, the Spanish national courts have argued that the referendum violated the Spanish Constitution, thus making the results illegitimate. Nonetheless, the Catalan leader states that Catalonia has a right to be an independent state and declared independence later in the same month (Catalonia's bid for independence from Spain explained). In response, the Spanish central government has invoked article 155, allowing it to intervene in the governing of the region and several arrest separatist leaders while others fled. During the crisis, reports of violence by Spanish national police forces made worldwide news. Indeed, Catalan officials have said that 844 individuals have been injured as police attacked voters at polling stations (Catalan referendum: Catalonia has 'won right to statehood'). These reports contributed in an increase of support for the independence movement. ROLE OF THE UNITED NATIONS In Article 1 of the UN Charter, the purpose of the UN includes the development of friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, [ ] (United Nations, Chapter I: Purposes and Principles). In its Declaration on the Granting of Independence to SPECPOL 9

12 Colonial Countries and Peoples, the principle of self-determination grants peoples the right to freely determine their political status and freely pursue their economic, social and cultural development (United Nations, Declaration on the Granting of Independence to Colonial Countries and Peoples). Populations promoting independence often rely on this principle to legitimize their claim. However, the International Court of Justice has mainly referred to this right in cases regarding decolonisation, particularly, of Namibia, Western Sahara and East Timor, and has not commented on whether it allows a minority population to secede from an existing sovereign state (Grutters). Therefore, the practical application of the right to self-determination in cases of secession remains unclear. Nonetheless, the UN has previously intervened in cases of secession. In 2008, Kosovo issued a unilateral declaration of independence to secede from Serbia. The latter requested an advisory opinion from the ICJ on the legality of the declaration. The ICJ judged that the declaration did not violate any international laws (Grutters). QUESTIONS TO CONSIDER 1. Considering the importance of state sovereignty, how much of a role should the UN play during independence referendums and the process declaring independence? 2. Is it the role of the UN or of each sovereign state to determine whether selfdetermination apply in cases of secession? 3. Does the UN have a responsibility to mediate situations of secession, especially when conflicts between the national and the regional governments become violent? SPECPOL 10

13 Country List Algeria Argentina Australia Austria Bangladesh Belarus Belgium Bolivia Brazil Cambodia Canada Chile China Colombia Costa Rica Ecuador Egypt Ethiopia France Germany Greece Guatemala India Indonesia Iran Israel Italy Japan Kenya Laos Mexico Morocco Myanmar Netherlands New Zealand Nigeria Pakistan Panama Peru Philippines Poland Portugal Russia Rwanda Saudi Arabia Serbia South Africa South Korea Spain Sweden Syria Turkey Uganda Ukraine United Kingdom United States of America Uruguay Venezuela Vietnam Zimbabwe SPECPOL 11

14 Bibliography Abdelkader, Engy. The history of the persecution of Myanmar's Rohingya. The Conversation. Amnesty International. Bangladesh pushes back Rohingya refugees amid collective punishment in Myanmar. "Catalan referendum: Catalonia has 'won right to statehood'." BBC News 2 October "Catalonia's bid for independence from Spain explained." BBC News 22 December Chan, A. (2005). The Development of a Muslim Enclave in Arakan (Rakhine) State of Burma (Myanmar) [PDF]. Kanda University of International Studies. Dewan, Angela. Who are the Rohingya and why are they fleeing? CNN, Cable News Network, 13 Sept Edroos, Faisal. ARSA: Who are the Arakan Rohingya Salvation Army? Myanmar News Al Jazeera, Al Jazeera, 13 Sept Flanagan, Tom. "Clarifying the Clarity Act." The Globe and Mail 11 July Gall, Gerald L. "Québec Referendum (1995)." The Canadian encyclopedia 3 April Gibson, Megan. "The Scottish Independence Debate Gets Nasty." TIME 16 September Green, Chris. "Scottish independence: BBC Scotland's referendum coverage 'institutionally biased', Alex Salmond claims." The Independent 14 September Grutters, Daniel. "Catalonia: The Right to Secede and the Right to Self-Determination." 23 October Oxford Human Rights Hub. 9 January Hamilton, Graeme. "Quebec Independence back in spotlight as challenge of 17-year-old secession law goes to trial." National Post 20 March Hudon, R. "Québec Referendum (1980)." The Canadian Encyclopedia 3 June Keating, Joshua. How to Start Your Own Country in Four Easy Steps. 26 February January Myanmar can draw on UN expertise in tackling Rohingya returns, Security Council told. UN News Center, United Nations, 12 Dec SPECPOL 12

15 Myanmar: Who are the Rohingya? Asia Pacific Al Jazeera, Al Jazeera, 30 Nov "Nation-State." Dictionary.com. 8 January Nebehay, Stephanie, et al. Myanmar forces may be guilty of genocide against Rohingya, U.N. says. Reuters, Thomson Reuters, 6 Dec The Rohingya crisis. CNN, Cable News Network, 13 Sept Rohingya rebels ambush Myanmar soldiers. Myanmar News Al Jazeera, Al Jazeera, 6 Jan Spector, Dina. "Scotland is About to Vote on whether to Leave the UK - Here's Everything You Need to Know." Business Insider 18 September Tarabay, Jamie. Who are Myanmar's militants? Five questions about ARSA. CNN, Cable News Network, 6 Dec Taub, Amanda. "Scotland votes "no" on independence, will remain in the UK." Vox 19 September U.N. adopts resolution slamming Myanmar crackdown in Rohingya, defies opposition from China and Russia. The Japan Times. United Nations. "Chapter I: Purposes and Principles." n.d. United Nations. 9 January "Declaration on the Granting of Independence to Colonial Countries and Peoples." n.d. United Nations and Decolonization. 9 January Valiente, Giuseppe and Pierre St-Arnaud. "Quebec's 1995 referendum far from last gasp for sovereignty hopes." CBC News 28 October Westcott, Ben, and Jamie Tarabay. UN chief calls Myanmar's Rohingya crisis 'catastrophic'. CNN, Cable News Network, 6 Dec SPECPOL 13