-The Question of New Caledonia -Strengthening the United Nations Relief and Works Agency for Palestine Refugees in the Near East. Greetings Delegates,

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1 Saint Michael s School Model of the United Nations SMSMUN 2015 Fourth General Assembly: Special Political and Decolonization Committee (GA4) Preparation Guide -The Question of New Caledonia -Strengthening the United Nations Relief and Works Agency for Palestine Refugees in the Near East President: Arturo de Peña Vice-President: Laura Bencosme Greetings Delegates, I am Arturo De Peña and I will be President of the General Assembly 4 treating Special Political and Decolonization issues. We will treat interesting topics that are occurring today in real life. I am currently a senior in St. Michael s high school and I have participated in the SMS MUN Club since I have attended models such as CILA 2013, SMS MUN 2014, and Princeton Model United Nations Conference I have had experience on this committee from the Princeton MUN Conference and it was truly a great committee to be on. I expect you to give your best and to defend your country s sovereign position at all times. If you have any questions, feel free to contact me whenever. Good luck to you all and I hope this experience will be one you will never forget. Your President, Arturo Manuel De Peña. Hello delegates, I am Laura Bencosme and I am the VP of the GA4 commission in SMSMUN I am currently a senior at SMS. I have been in the MUN club since 2013 and I belonged to the debate team in 2014 as well. I have participated in four models, three in the country and one international model. I have participated in the GA2 commission, CSW commission, UNDP commission and the UNHCR. I won best delegation last year at the SMSMUN My favorite commission has been the UNHCR, which has enriched my knowledge about the current situation of refugees around the world, especially those in the Middle East. The topics we will engage in are undoubtedly troubling the world, and efficient solutions must be prepared to surpass these dilemmas. I hope you find this commission intriguing, if you have any doubts, contact me. I look forward to meeting you! Sincerely, Laura Amelia Bencosme

2 Topic 1: The Question of New Caledonia Introduction The League of Nations first dealt with the problem of self-determination for countries that were under control by external bodies. Article 22 of the Covenant of the League of Nations stated that colonies unwilling to govern themselves must continue to being governed externally by the time they can overcome the demanding requisites of the modern world. To this day, the United Nations looks forward to help countries economically and socially until they reach selfsufficiency and an upholder of self-determination. New Caledonia encounters political pressure from France, which has led to a referendum to be held to determine whether it should remain a colony of France or whether it should gain its national sovereignty. The tense relationships between the French and the Kanaks (the aboriginal indigenous people of New Caledonia) go back to the French settlement of the island. In a rebellion, there were 1,200 deaths and a beheading of the chief of the rebel Kanaks made by France on The country has remained under French control since many years, against the desire of a lot of the original Kanak inhabitants. The French territory is rich in nickel deposits forming a large sector of the New Caledonian territory located in the South and the island forms 25% of the world s nickel reserves. For the lack of capital goods the extraction of nickel ore was not efficient until global nickel prices began to rise which made France invest on New Caledonia in order acquire resources. The wish for economic prosperity was an element that led to the Matignon Agreements, which promised economic stability. Wealthier inhabitants tend to establish themselves in the South. Making up one-third of the New Caledonian population, Europeans play an essential part of the territory s culture and community. New Caledonia currently is facing a problem of self-determination, in which the population is split 40% for independence and 60% anti-independence movements. Even though the Noumea Accords have been delivered successfully, there are still problems within politics that are striking a successful cooperation between France and the Socialist Liberation Front (FLNKS). A referendum is set to be undergone on the years , but with the existing political tension between the mandates, wisdom prescribes that the question of New Caledonia might have a solution sooner than that period of time. Definition of Key Terms Amnesty Amnesty is a pardon from an offense granted to a person or a group of people from the government. It can only be given by the head of state as a sovereign state must be in agreement to confirm the amnesty. Penal Colony A penal colony is an isolated colony in which countries send prisoners to be exiled. It divides prisoners from the general population. This is usually used for more dangerous prisoners to create a sense of security within the original country or countries. An example of a penal colony

3 is the prison on Guantanamo Bay, Cuba whereas the U.S. sends it dangerous prisoners from terrorism to this colony. Self-Determination Self-determination permits all people to freely determine their own level of sovereignty and political allegiances without political pressures from outside. This was declared a basic human right in the United Nations General Assembly Resolution 1514 of 1960, where the idea of equal rights and free and equal treatment asserts that people should decide upon their own political alliance. Referendum It is a direct vote by the general population to decide whether a specific matter should put forward or not. They can end the integration of new laws, constitutions, and/or amendments. Independence Movement It can be defined as a separatist movement that promotes self-reliance. This movement consists of a people s movement in which it integrates the separation from a larger group (in this case, France) whether it be economically, socially, religiously, culturally, or judicially. Anti-independence Movement It can be referred to as a pro-colonization movement focusing on the benefits from being controlled by an external body (which in this case is France). These movements normally gain many immigrant supporters who call out from mentioned external bodies, while throughout history indigenous people tend to go against these pro-colonization movements. Background Information Situated between Australia and Fiji in the Pacific Ocean, New Caledonia was colonized by both Great Britain and France in the beginning of the 19 th century through the expansion of their empires in an effort to increase their natural resources. France was given the island in 1853, in which they used it as a penal colony for 4 decades. Tension rose between the population in the years 1980s and 1990s and there was an increased wish for independence from France increasing among the Kanaks. The tension reached its peak in the Ouvea cave hostage taking from April to May of The Liberation movement, made up of the FLNKS, went to the island of Ouvea in New Caledonia with a small army (made up of 27 gendarmes) and took over the island requesting talks with the French government involving the topic about their national sovereignty. It was a bloody outcome as the French military intervened on May 4 th to end the dispute. The operation codenamed Operation Victor led to the death of 12 activists and the leader of the hostage takers. Nevertheless, this violence appears to be the only action to gain recognition to the cause of the Kanaks. Resolutions were passed by the General Assembly of the United Nations (UNGA) following the conflict that encouraged France to cooperate with the people of New Caledonia, but bloodshed was encountered before real action was undergone. The hostage crisis in the Ouvea cave immediately led to the Matignon Agreements in 1988.

4 Jean-Marie Tjibaou (leader of the Kanak independent movement) was assassinated in 1989 and there is no proof for a culprit (the only theories are considered conspiracy theories related with Freemasonry and should not be considered as fact dealing with this matter as there is no direct proof). François Mitterrand was the French President at the time of the assassination and he made the Agency de Development de la Culture Kanak (created to protect Kanak Culture) construct a symbol of respect to Jean-Marie Tjibaou s desires and the one year anniversary of the Matignon Agreements. A series of agreements resulted, as they focused on promoting the domestic economy and providing a friendlier environment without independence issues to boost efficiency and productivity. The Noumea Accords followed the referendum as planned after the Matignon Agreement s set date had been delivered. The Noumea Accords are a continuation of the Matignon Agreements and are set to expire in These two agreements have led to the creation and the improvement of the now large tourism industry in New Caledonia, counting with more than half of the labor force (60% in 2002) engaged in the service sector. Besides external investments have led to large hotels being established there (Best Western, Le Meridien, Hilton, among others). The New Caledonian people have seen an improvement of their welfare through these two resolutions and it has led to a certain peace status amongst the people, nevertheless, some still believe that France s presence means a level of repression from outside. The area contains many types of ethnicities. They split up into distinct groups where the Caldoches which are Europeans born in New Caledonia (likely to refer to French ancestry), and they occupy the large fields of cattle farming in the western coast. The metros are French-born that move into New Caledonia (metros denoting to Metropolitan France to distinguish them). Last are the indigenous people from New Caledonia who can also be distinguished as Kanaks. The island also includes Southeast Asian, Polynesian, and Algerian populations. Even with such an ethnical diversity, there have not been any issues regarding religion. Major Parties Involved France For being a French colony, New Caledonia receives many influences from France and in 1946 it was set an overseas French territory that led to the grant of French citizenships to all New Caledonians in France still keeps military power over New Caledonia along with other social and financial aspects, permitting them to force their rule to a certain extent. However, the people of New Caledonia have possibly benefited greatly, achieving increased level of development with France s investment in the island s infrastructure, making hotels, hospitals, and schools to help and increase the social welfare of the people living on the island. New Caledonia New Caledonia was a self-managed state before France established there in the 19 th century but it simultaneously was underdeveloped. Disrespectful is the correct word for how the New Caledonians saw the French people s reign and use of their land. In the late 1800s the Europeans brought with them the smallpox and measles diseases to New Caledonia, causing many deaths (The population declined from being 60,000 in 1878 to 27,000 in 1921). This

5 created a deep bitterness within the Caledonians toward the Europeans. The French gave prisoners who had finished their sentence a piece of land for them to establish themselves; the Caledonians believed this land was theirs, and not for the French to give away. With increased involvement with the French government, the Kanaks began to desire for sovereignty and the independence movement has been growing since then, obtaining more and more supporters as time passes. The United Nations Resolution 1514 of 1960 states that All people have the right to self-determination. United Nations The United Nations have played a significant role as a conciliator between France and New Caledonia, with successful initiated debates over the solution on the question of New Caledonia. UN resolutions have helped, even strengthened the economy of New Caledonia by improving trade and prevailing on cooperation. Resolutions such as that of granting independence to colonial countries and people (UNGA Resolution 1514 (XV)), introduces self-determination as a basic right, which has been used as a support to aid with economic freedom, leading to necessary cooperation between France and the Caledonians in efforts to solve their sovereignty disputes and economic scenario, causing the Matignon Agreements and Noumea Accords. Socialist National Liberation Front (FLNKS) Made up of National Union for Independence-Kanak and Caledonian Union, the Socialist Liberation Front (French: Front de Liberation Nationale Kanak et Socialiste) is a militant group (National Union for Independence-Kanak) and a political group (Caledonian Union) that are proindependence. It is composed mainly by indigenous populations, with a small group of leftleaning Europeans. The movement supports the Development of Kanak Culture (French: Agence de Development de la Culture Kanak; ADCK) that promotes the preservation of the Kanak and Pacific Islands culture and history, as the FLNKS think the Europeans are playing a part into their heritage s disintegration. Relevant UN Treaties Transmission of Information under Article 73e of the Charter, 14 December 1946 (UNGA Resolution 66 (I)) Declaration on the granting of independence to colonial countries and peoples, 14 December 1960 (UNGA Resolution 1514 (XV)) Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, 2 December 1986 (UNGA/RES/41/41) Question of New Caledonia, 4 December 1987 (UNGA/RES/42/79) Question of New Caledonia Draft Resolution, 22 June 2012 (UNGA/AC.109/2012/L.12) Question of New Caledonia Draft Resolution, 18 June 2013 (UNGA/AC.109/2013/16) Special Committee on Decolonization, June (UNGA/COL/3272)

6 Previous Attempts to solve the Issue The following are agreements that have been recognized and come into effect to making the issue closer to a solution: Independence Referendum (1987) This referendum took place in New Caledonia on the 13 th of September, The idea was delivered in 1984 in French Parliament. The referendum gave the voters the options of either remaining part of the French Empire or becoming independent. The referendum failed as 1.7% of the voters voted for independence, but this was largely due to the FLNKS boycott of the referendum. This led to the Ouvea hostage taking crisis in 1988 as tensions rose following the referendum. Matignon Agreements (1988) Signed by Jean-Marie Tjibaou (leader of the independence movement) and Jacques Lafleur (leader of the anti-independence movement), it set up a decade s worth of economical and institutional development in return for a decade without agitation for independence, with a referendum set for self-determination in The decade was beneficial as the economy grew along with the population. The agreements also gave pardon to those who were involved in the Ouvea cave hostage taking. Last, the agreements stopped the fight over independence and started the period of development to aid New Caledonia s domestic markets and all were set within a ten year period before renewal. Noumea Accords (1998) These accords were seen as the beginning for the separatists who desired to be independent from France. The accords authorized New Caledonia to be self-governed until a referendum was to be taken place between 2014 and France nevertheless had control over the military, currency, foreign affairs, immigration, and police. However New Caledonia and the Kanaks were moderately to be granted political power. 70% voted in favor in the 1998 referendum on the Noumea Accords. United Nations action There were several UN resolutions that tried to confront the problem. Not being directly stated to New Caledonia, the earlier versions spoke about the basic human right of self-determination, and that everyone should have the right and capacity to freely pursue their economic, social, and cultural development (GA/RES/1514/XV). Before the Ouvea hostage taking crisis in 1988, there was a resolution proposed to the house in 1986 where the question on New Caledonia was asked for a special committee to allow this in-alienable right of independence. Another one in 1987 in which the UN urged France to start multilateral talks and give New Caledonia the knowledge and resources to prosper through self-determination followed this resolution. The action was taken after a crisis however it has been necessary to catalyze the process in which has permitted them to reach this level of self-determination and perhaps more.

7 Bibliography "New Caledonia." Wikipedia. Wikimedia Foundation, 11 May < "Resolution De L'ONU 2014 Question De La Nouvelle-Cale donie." Resolution De L'ONU 2014 Question De La Nouvelle-Cale donie. United Nations, n.d. Web < "Special Committee on Decolonization Concludes 2014 Session, Approving Draft Resolutions on New Caledonia, Tokelau, French Polynesia Meetings Coverage and Press Releases." UN News Center. UN, n.d. Web New Caledonia Central Intelligence Agency. The World Factbook, n.d. Web < "Discover New Caledonia." Visit New Caledonia. Caledonian Government, n.d. Web. "New Caledonia Elects New Congress in Run-up to Independence Referendum." RFI. N.p., n.d. Web. "Politics of New Caledonia." Wikipedia. Wikimedia Foundation, 11 June Web. < "Noume a Accord." Wikipedia. Wikimedia Foundation, 30 Oct Web. "Matignon Agreements (1988)." Wikipedia. Wikimedia Foundation, 25 July Web. "INTER PRESS SERVICE." Quest for Self-Determination Continues in New Caledonia. N.p., n.d. Web. "New Caledonia Profile." BBC News. N.p., n.d. Web. <

8 "The United Nations and Decolonization." UN News Center. UN, n.d. Web. Topic 2: Strengthening the United Nations Relief and Works Agency for Palestine Refugees in the Near East Introduction Palestine refugees are the largest group of refugees after the Syrians, topping 6.5 million refugees in all. The cause of this forced displacement mainly occurred due to the 1948 Arab- Israeli War, in which both nations failed to agree to a peaceful resolution, triggering violent conflict. Over 400 Palestinian villages were destroyed by Israeli troops, forcing people to flee and seek shelter. When armistice was signed between both nations in 1949, the Israeli army troops occupied the remaining homes and two thirds of Palestinian homes became Israeli territory, leaving refugees with deprived of shelter and basic necessities. The IDF (Israeli Defense Forces), established the shoot to kill policy, which made it impossible for those Palestinians who fled during to return safely to their homes. The Israeli government implemented laws to prohibit those Palestinians who fled, to return to their homes. As of August 2013, the GA has adopted 856 resolutions on the Palestinian issue. In today's GA Main Committee division, the Fourth Committee is in charge of Palestine refugees. These incidents originated what is now the UNRWA (Un Relief and Works Agency for Palestinian Refugees in the Near East), the only agency who is centered solely on those displaced in the Near East. The UNRWA provides assistance and resources for refugees, yet it faces difficulties across the political, organizational and logistical spectrums. The Syrian crisis exploded in 2011, causing and ongoing humanitarian crisis and endangering Palestinian refugees that resided in Syria or Syria s bordering countries. Palestinian refugees fled to Lebanon or Jordan, forcing the UNRWA to operate further into these countries. Apart from the Syrian crisis, the UNRWA faces severe limitations in its operations caused by the ongoing blockade by both Israel and Egypt. In both Gaza and the West Bank, UNRWA's faces roadblocks and travel restrictions limiting for its personnel. Significant goals have been accomplished in the general spectrum, under UNRWA's health program, basic health services are provided to Palestine refugees. UNRWA maintains 138 primary health care centers and 117 dental centers, employing 3,595 people who assist during over 10.7 million annual patient visits. UNRWA also runs a microfinance program that provides credit and complementary financial services for Palestine refugees and other poor or marginal groups who live and work near them. improve living conditions in the camps, the UNRWA launched the Infrastructure and Camp Improvement Program aiming to improve the camps' physical and social environment he program has a clear community-driven planning approach, actively involving the community members in all decision-making and planning processes. The first problem when addressing the issue of Palestine refugees in an international framework is the question of jurisdiction. The Convention Relating to the Status of Refugees (1951) and the 1967 Protocol Relating to the Status of Refugees are the fundamental legal instruments for the protection of refugees. Yet, a definite term for refugee in international law is not clear. The

9 UNHCR (UN High Commissioner for Refugees) is the biggest organ with the purpose of assisting refugees, yet paragraph 7(c) of the UNHCR statute states that persons who are the competence of the High Commissioner...shall not extend to a person [...] who continues to receive from other organs or agencies of the United Nations protection or assistance". This excludes Palestinian refugees from receiving assistance directly from the UNHCR, which is of great aid to other refugees around the world. Considering the strictly politicized environment of the UNRWA, it has been deeply criticized by both Palestinians and Israelis. Controversial subjects in the past have been the UNRWA's working definition of Palestine refugee; the question of expanding the mandate to include protection of refugees; the Israeli allegation that UNRWA-administered schools and camps harbor terrorists; and the question as to whether the long term provision of support for Palestine refugees has encouraged dependency and discouraged the Palestine refugees of looking for alternatives to their refugee status. As previously highlighted above, the definition of Palestine refugees differs from the general definition of a refugee provided by the UNHCR, limiting Palestinian refugees to receive aid. This leads to a situation where Palestinian citizens who gain the citizenship of another country, maintain their status as Palestine refugees under the UNRWA definition. Most Palestinian refugees reside in Lebanon, Jordan, West Bank, Gaza and Syria. The Middle East is overflowing with Syrian refugees and IDP s exploiting resources and assistance for the Palestinians, since donations and budgets are looking in Syria s direction. Conclusion While the UNRWA is in a reform process of its field operations in order to address the changing needs of the Palestine refugee population, the main problems of the issue of Palestine refugees include questions regarding the right to return, the occupation of the West Bank, the occupation and blockade of Gaza, and the questions of citizenship. These issues cannot be solved without a comprehensive peace between Israel and Palestine. In addition, the crisis in Syria poses a major challenge to UNRWA's work. As long as the Syrian civil war continues, UNRWA's personnel and the population of Palestine refugees in Syria are gravely endangered in Syria. Having this grave situation in mind, delegates will seek solutions, including some of the short-term and long-term solutions that can be implemented: How can the UNRWA improve its assistance to Palestine refugees affected by the conflict in Syria? How can the UNRWA contribute to the peace process between Israel and Palestine? What should be the next steps in the reform of UNRWA s field operations? How should the host states take over certain services?

10 How can UNRWA s financial problems be tackled in the short-term and long-term? What normative changes, including changes to definitions, are needed (if any) to ensure the correct populations are receiving services? What additional services can be added to help prepare refugees for their lives while as refugees and potential futures once their status is resolved? Bibliography Akram, S. M., M. Dumper, M. Lynk, & I. Scobbie. (2011). International Law and the Israeli- Palestinian Conflict. a rights-based approach to Middle East peace. New York, NY: Routledge BADIL Resource Center for Palestinian Residency and Refugee Rights. (n.d.). Historical Overview [Website]. BBC News. (2010, July 6). Guide: Gaza under blockade [Website]. McGill University, Interuniversity Consortium for Arab and Middle Eastern Studies. (n.d.). Palestinian Refugees: An Overview. Palestinian Refugee ResearchNet [Website]. Palestinian Central Bureau of Statistics, FAO, UNRWA & WFP. (2012). Socio-Economic & Food Security Survey 2012, West Bank and Gaza Strip, Palestine [Report].: United Nations, General Assembly. (1975, November 10). Question of Palestine A/RES/3376 (XXX) [Resolution]. Retrieved 1 August 2013 from (XXX) United Nations, General Assembly. (1947, November 29). Resolution Adopted on the Report of the Ad Hoc Committee on the Palestinian Question (A/RES/182(II)[A-B] [Resolution], Retrieved 1 July 2013 from A/RES/182(II) [A-B] United Nations, General Assembly. (1949, December 8). Assistance to Palestine refugees (A/Res/302 (IV)) [Resolution]. Retrieved 1 July 2013 from: (IV) United Nations, General Assembly. (1950, 14 December). Statute of the Office of the United nations High Commissioner for Refugees (A/RES/428 (V)) [Resolution]. Retrieved 1 July 2013 from United Nations, General Assembly. (2012, August 28). Report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (A/67/13) [Report : United Nations, General Assembly. (2012, September 24). Report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (A/67/382) [Report].

11 United Nations, General Assembly. (2013, January 14). Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (A/RES/67/116) [Resolution]. United Nations, General Assembly. (1947, November 29). Future government of Palestine (A/RES/181 (II) [Resolution]. (II) United Nations High Commissioner for Refugees. (2001). Refugee Protection: A Guide to International Refugee Law [Website]. United Nations News Centre. (2013, July 16). UN agency deplores impact of Syria crisis on Palestine refugees, laments staff member's death [Website]. United Nations Office of the High Commissioner for Human Rights. (2013). Occupied Palestinian Territory [Website]. United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). Programmes [Website]. United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). Reforming UNRWA [Website]. United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013, September 6). Syria crisis situation update (Issue 59) [Article]. Retrieved 6 August 2013 from: United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). About UNRWA [Website] : United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). Figures as of Jan 2013 [Website]. United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). Education [Website].: United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2013). Health [Website].