General Assembly 3: Social, Humanitarian and Cultural Peoples right to selfdetermination Cansu Dilek & Beren Güler Alman Lisesi Model United Nations 2018
Introduction The United Nations charter was signed by 50 delegates on June 26, 1945. The basic principles of this charter were to ensure future peace, mostly regarding established idealisms and sovereignty, it introduced a new idea called self determination. The right to self-determination is the right of a people to determine its destiny. In particular, the principle allows a people to choose its political status and to determine its form of economic, cultural and social development. But as with many other essential ideas, theory usually simplifes reality. Economic and political problems prove to be huge hurdles in securing the right to self-determination. Sadly, when these issues collide, armed confict will follow and in a world that still knows too many armed conficts, solving this issue could very well be a majoor step towards world peace. Definition of eet Terms Imperialism: A state policy or practice of extending power and dominion, especially by direct territorial acquisition or by gaining political and economic control of other areas. Colonialism: A political-economic phenomenon whereby various European nations explored, conquered, settled, and exploited large areas of the world. The frst acts of colonialism began in the 1500s when the Europeans discovered the southern coast of Africa and the continent of America. Autonomt: The state or condition of self-governance, or leading one s life according to reasons, values, or desires that are authentically one s own. Meaning an autonomous state has the right to govern itself. Nationalism: An ideology based on the premise that the individual s loyalty and devotion to the nation-state surpass other individual or group interests. The core values of nationalism are identity, solidarity and self-determination. General Overview Background Information Around 6000 BCE, in Mesopotamia, humanity started developing agriculture in the land between the rivers the Euphrates and the Tigris in the Middle East. This, allowed them to form communities, expanding to huge empires like the Roman Empire and the Chinese Dynasties. These empires were ruled with a simple principle; the one who held the resources and power decided on what happened. Over the course of ten thousand years, people have bonded together in these political entities. ALMUN 2017 Study Guide - GA3: Social, Humanitarian and Cultural 1
Although the origin of the principle of determining your future has been taken up to Aristotle by some authors, the emergence of the principle coincides with the age of Enlightenment. The emergence of the principle of self-determination was recognized that the source of state sovereignty comes from the fact that people living on their territory (instead of the king or religious authorities) have started to be based on a collection of free individuals with another narrative in Europe. The principle of selfdetermination of peoples has been subjoect to a conceptual evolution which began in post-second World War era and accelerated in 1960 s due to the decolonization process. The principles of determining your future (self-determination) frst emerged as the right to set its sect in Europe. In the Treaty of Augsburg (1555) the denomination in the region where the German subjoect was not allowed to enter did not allow those of their own sect to leave the territory where they lived. In 1581, the Netherlands declared their independence from Spain on the grounds that the Spanish kings had been persecuted against them, thus making it the frst use of their own future determiner. The Treaty of Westphalia, signed between France and the Holy Roman Empire in 1648, is regarded as the basis of the European nation states, and as of this date, especially in the source of sovereignty, not based on pure religious principles, also, the Westphalia Treaty, which ended sectarian wars, allowed the self-determination to emerge as the right of people to freely determine their own sects. Self-determination has also been perceived as a recourse to will in the International Law through the rightful plebiscite (People's Glory) located on the territory of the country which changed and changed hands from time to time after the wars. In this case, it is required to determine which state prefecture preferred the people of a certain region. In some interstate treaties, those living in the area that has changed hands have been granted the right to migrate to the state territory they have chosen for a certain period of time. In 1697 and 1713 the Treaties of Utrecht were arranged to emigrate to a state of their choice with a certain group of goods. Generally, the plebiscite is the essence of the strong states and has resulted in favour of these states. Sometimes states have foreseen to resort to the will of the people in the region of confict to avoid entering the war so that the plebiscite has been used as a diplomatic road in connection with determining its own future. Major Parties Involved Israel - Palestine - USA Israel was founded as an example of self-determination in 1948. However, because of this, the people of Palestine faced hard times resulting in a refugee situation. Today, Palestinians wish to form new a state alongside Israel through examining their right of self-determination. Israel is a state which is backed up by the United States in the international community. Therefore, Palestinian attempts, such as intending to ALMUN 2017 Study Guide - GA3: Social, Humanitarian and Cultural 2
become a member of the United Nations is always easily stopped by the USA, one of the permanent members of the United Nations Security Council. China - Tibet Tibet is currently occupied by Chinese Military while the people of Tibet tries to raise their voice on self-determination and found their own country. As the leader of the people of Tibet, Dalai Lama visits diferent places all around the world in exile and speaks about the self-determination of Tibet and peace in the home country. Russia - Chechnta The people of Chechnya wishes to examine their right of self-determination by seceding from Russia. However, the Russian Government does not believe that they possess such a right. This is why the tension had risen and led to violence in the area. eurds in Iran - Iraq - Stria - Turket The sense of Kurdish nationhood towards an independent Kurdistan raised in the 20th century. Following the frst world war, the Treaty of Lausanne was signed recognizing the region as land of the Turkish Republic. Ever since there has been conficting in the region as a result of the discomfort of Kurds against Turkish rule. Iraqi Kurdistan is the only region to be considered as an autonomous entity within the federal republic of Iraq. In Iran, there is a province called Kurdistan which is not self-ruled. Previous Actions Taken Concerning the Issue Ever since the founding of United Nations, they have recognized the right of selfdetermination. The UN Charter Many purposes of the UN is listed and explained in the Charter of the United Nations. One of these purposes is "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples. The Universal Declaration Of Human Rights Article 15 declares the following: Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. International Covenant On Civil And Political Rights (ICCPR) and The International Covenant On Economic, Social, And Cultural Rights (ICESCR) Both of these Covenants start with the same frst article: "All peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development. ALMUN 2017 Study Guide - GA3: Social, Humanitarian and Cultural 3
Resolution 1514 (XV), Declaration on the granting of independence to colonial countries and peoples This is another proof that UN has always tried to eradicate colonialism. The UN General Assembly estimated the time for the complete eradication as three international decades starting from 1990. The Trusteeship Council This council was one of the main bodies of UN until they suspended its operations after the mission was completed in 1994. This council helped former colonies like presentday Cameroon, Somalia, and Rwanda gained their independence and governed for them until they could govern themselves. Special Political and Decolonization Committee SPECPOL helps former colonies exercise their right of self-determination by assisting them, and also by helping them to achieve and maintain independence. The Unrepresented Nations and Peoples Organization (UNPO) The Unrepresented Nations and People Organization (UNPO) is an international, nonviolent and democratic membership organization. Its Members are indigenous peoples, minorities, unrecognized States and occupied territories that have jooined together to defend their political, social and cultural rights, to preserve their environments and to promote their right to self-determination. (www.unpo.org) Related Documents and United Nations Resolutions Declaration on the Granting of Independence to Colonial Countries and Peoples http://www.refworld.org/docid/3b00f06e2f.html International Covenant On Civil And Political Rights (ICCPR) https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668- english.pdf The International Covenant On Economic, Social, And Cultural Rights (ICESCR) http://www.ohchr.org/en/professionalinterest/pages/cescr.aspx Points and Questions to Consider Examination of the Palestinian self-determination without threatening the stability of the middle east The UN membership of Palestine, despite USA S opposition The possible international help to the minorities all around the world in achieving self determination The possible thread in the countries in case of uprisings of the above-mentioned minorities ALMUN 2017 Study Guide - GA3: Social, Humanitarian and Cultural 4
Helping former colonies that achieved self-determination, but still struggles at realizing it Further Reading Self-Determination (Daniel Thürer, Thomas Burri) http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690- e873 Self-Determination in International Law: The Palestinians https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1914&context=joil http://minorityrights.org/law-and-legal-cases/self-determination/ Bibliographt http://www.unpo.org/article/4957 https://www.britannica.com/topic/imperialism https://www.britannica.com/topic/colonialism https://www.britannica.com/topic/autonomy https://www.newscientist.com/article/dn12562-mesopotamian-city-grew-from-mergingsettlements/ https://www.britannica.com/topic/nationalism http://www.claiminghumanrights.org/udhr_article_15.html http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx https://www.cfr.org/backgrounder/chechen-terrorism-russia-chechnya-separatist http://www.cfr.org/china/question-tibet/p15965 http://www.cfr.org/palestine/palestinian-statehood-un/p25954 http://www.un.org/en/decolonization/specialcommittee.shtml http://sam.gov.tr/wp-content/uploads/2012/02/burakcopanddoganeymirlioglu.pdf http://www.diva-portal.org/smash/get/diva2:694349/fulltext01 ALMUN 2017 Study Guide - GA3: Social, Humanitarian and Cultural 5