2016 GA4 Special Political and Decolonization 1
Index Introduction... 3 Definition of key-terms... 4 General Overview... 5 Major parties involved and their views... 8 Timeline of important events/documents... 12 UN involvement... 13 Possible Solutions... 16 List of Sources... 17 2
Forum: GA4 Issue: Offers by Member States of study and training facilities for inhabitants of Non-Self- Governing Territories Student Officers: Jessica Fastman & Mateo Rabinowicz Position: Chairs of GA4, EMUN 2016 Introduction Around the world there are 2 million people who inhabit 17 Non Self Governing Territories which have not been decolonized. Since the United Nation s creation, a great majority of territories become independent. Former colonies which include 750 million people distributed in 80 different territories were separated from their administering powers., France, United States, New Zealand and Morocco are still countries that have to guarantee the administration of the area under their sovereignty. Since the United Nations creation, a Declaration Concerning Non-Self-Governing Territories was submitted in Article 73e of the Charter. From then onwards, declaring independent those territories became a task of extreme importance. The UN organs devoted to this issue are the fourth committee of Special Political and Decolonization and the Committee of 24. Moreover, discussion regarding sovereignty among NSGTs started to increase when the extreme complicated situations of those territories was shown to the world, including high levels of poverty, malnutrition, lack of basic necessities and requirements. Therefore, Member States have the task of aiding facilities for the inhabitants which lack essential necessities as education and economic resources. The idea of Non-Self-Governing Territories comes from the begging of the 20th Century, when these territories were Mandates of the League of Nations. This means that the NSGTs lack economic and political development, and thus, they are controlled and administrated by the greater powers. This concept hasn t changed throughout time and they still remain areas without the right to self-govern. These territories still mean a great asset to the great powers nowadays, since they are placed in strategic areas and do have valuable resources for today`s world. 3
Definition of key-terms Non-Self-Governing Territories- It is the term used by the United Nations to define a territory that is not under a self government. This refers to all colonial and other dependent territories recognized by the UN under Chapter XI of the UN Charter. Those territories are governed by another country which administrates and exerts sovereignty upon the people. Trust territories- These are the remaining territories that were under The League of Nations Mandates, which had been abolished when the League of Nations dissolved. Those areas became known as trust territories observed the Trusteeship Council. Also, they were listed by the General Assembly as Non Self Governing Territories. Training facilities- Facility is a quite broad word which can be put in different contexts. In this case, the phrase training facilities stands for helping, assisting and aiding support for a reasonable cause. On this context, the administering powers have to promote, support and guarantee economic and social conditions such as educational by teaching and training facilities. 4
General Overview History After the Second World War, large portions of land remained without self authority, so many countries exert in those places their sovereignty since then. When the UN was created, the organization aimed to defend the right of all people to self-determination and starting a process of decolonization. The beginning of this process was written in the article 73e of the UN Charter on transmission of information. Therefore, the administering Member States were able to report to the United Nations annually on the development and control of their Non Self Governing Territories. In 1946, Australia, Belgium, Denmark, France, the Netherlands, New Zealand, the and the United States reported to the UN. In 1945, the United Nations established a system which would control and supervise Trust Territories promoting efforts to start a process of decolonization. This system was accompanied by the Trusteeship Council created to monitor and surveil the organism. All territories which were under the League of Nations Mandates after WWI became part of this system as well as those areas controlled by a country which decided to report to the UN. Therefore, all these places formed part of the UN list of Non Self Governing Territory. The main objectives of this system were the granting of social, educational, health and political advancements coming from administering Nations. Also, respecting and recognizing human and fundamental freedom rights together with a process of decolonization and building of self governments. It was extremely successful; there were no remaining Trust Territories so the Security Council abolished both the Trusteeship organ and System. In order to be able to speed the decolonization process, the General Assembly adopted Resolution 1514 in 1960 known as "Declaration on Decolonization" stating that all peoples should be able to have self-determination and affirmed the fact that colonialism should be taken towards a rapid end. Between 1960 and 2002, 54 Territories achieve selfgovernments, remaining nowadays only 17 NSGTs. The Special Committee on decolonization or well most known as the Committee of 24 was implemented with the objective of monitoring the Declaration on Decolonization and proposing recommendations and changes on its application. The committee has 29 members and 14 observers who guide United Nations decolonization efforts and consequently reduced the list of NSGTs to 17. In 1990, the UN General Assembly proclaimed a resolution regarding the International Decade for the Eradication of Colonialism. During the period 1990-2000 the UN would redouble the efforts in the role of decolonization and the process of self determination. Besides, it would encourage the dissemination of information on these territories which remained controlled by great powers. In 2001, the Assembly declared the period 2001-2010 as the Second International Decade for the Eradication of Colonialism. Finally, between the years 2011-2020 the third decade was recognized with the aim of continuing heightening the 5
plan of action among all Non Self Governing Territories. Furthermore, Countries must cooperate with the Committee of 24 in the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. Map No. 4175 Rev. 3 UNITED NATIONS November 2013 Study and training facilities- When the UN Non Self Governing Territories list was submitted, it was not very clear what what the role of the administering powers. Some have aided facilities to their colonies but not granting the people permanent help and assistance in different issues. It was not until some years later that economic, social, cultural, political and civil rights to the Non self Governing Territories were clearly exposed and ratified by Nations. Several UN Programmes, Funds and Organizations involved their measures and solutions towards these territories, granting safe and secure policies. The International Covenant on Economic, Social and Cultural Rights and the The International Covenant on Civil and Political Rights was introduced in 1966 and urges States Parties to work together for the developing of the rights in NSGTs. In article 1, it stresses the need for the States in the Covenant of promoting the right to self determination as a priority in means of freedom. 6
Furthermore, the right to health and labour together to the right to education and an adequate standard of living are indispensable for the people in those territories. Study and training facilities by Member States include all the rights named above which have to be implemented and developed by assisting the population in those areas. 7
Major parties involved and their views Non-Self-Governing Territories Territory American Samoa Anguilla Bermuda British Virgin Islands Cayman Islands Falkland Islands French Polynesia Gibraltar Guam Montserrat New Caledonia Pitcairn Saint Helena Tokelau Turks and Caicos Islands United States Virgin Islands Western Sahara Administering State United States France United States France New Zealand United States Morocco 8
- After WWII, was exerting sovereignty among 42 Non Self Governing Territories, most of which by the UN and the Declaration on the Granting of Independence to Colonial Countries and People gain independence. Currently, the UK is administrating 10 NSGTs with a population approximating 250,000. These areas are Bermuda, Cayman Islands, Turks and Caicos Islands, Gibraltar, British Virgin Islands, Anguilla, Saint Helena, Montserrat, and the Falkland Islands on the Atlantic Ocean, Caribbean and Mediterranean and the Pitcairn Island on the Pacific Ocean. There have been several disputes with overseas territories regarding the question of sovereignty among the places and in some cases reaching a state of high military tension and war. The Falkland Islands are an archipelago in the South Atlantic Oceanwith an area of 12,200 km2. It hasan internal self-governance but surveilled by the UK for their defense and foreign affairs. Since the beginning of the 19 th century there had been disputes between the British and Spanish for the islands. In the late century, Argentina took control of the islands for a short time until the British cease the attempt. In the 20 th century tension increased between the UK and Argentina which culminated in war in 1982. On April of that year, Argentina, under the military regime, invaded the area successfully until the British Royal Navy arrived at the Islands. War broke out and it lasted until June when Argentina surrendered returning the islands to British control. France- French Overseas Departments and Territories are those French-administered territories outside Europe. These have varying legal status, differ in the autonomy levels and have representation on the French Parliament having the right to vote in the European Parliament. In 1946, Polynesians were granted French citizenship and the islands' status was changed to an overseas territory; the island's' name was changed in 1957 to Polynésie Française. As a French overseas collectivity, the local government has no competence in justice, university education, security and defense. Services in these areas are directly provided and administered by the Government of France Since 1999 New Caledonia was granted with a special status (statut particulier or statut original). There was the establishment of the New Caledonian citizenship, keeping in parallel the French and therefore European citizenship, and a gradual transfer of power from the French state to New Caledonia itself was begun, to last from 15 to 20 years. On 5 May 1998 the Nouméa Accord scheduled the transfer of sovereignty for 2018. The territory will therefore be fully independent, except in the fields of defence, security, the judiciary, and finance, which will be competencies of France. Morocco- Western Sahara has been a motive of conflict since it was recognized as Non Self Governing Territory in 1963. It is the largest country in that list with a population of approximately 500,000. Its sovereignty was disputed during a large period of time between Morocco, Spain, Mauritania and the Sahrawi Arab Democratic Republic. Spain occupied the territory in the 19th century and remained under his control until 1976 when they inform the 9
Secretary General that Spain had ended its presence on the territory. In 1965, the UN ask Spain to decolonize the territory but the was rejected Consequently, the administration was handed in to Morocco which claimed the area since 1957 and Mauritania. War broke out between those countries and the National liberation movement with the Polisario Front from the Sahrawi Republic participating actively on the conflict. In 1979, Mauritania abandoned its portion of land and withdrew its forces from the territory being under pressure from Polisario guerrillas. Morocco s army occupied that territory quickly which currently continues administrating. That 80% of the Western Sahara is part of the Morocco national territory. The Sahrawi Republic exerts its sovereignty on the other 20% which borders with Mauritania and is considered a liberated territory. In 1990, the United Nations claimed that the Western Sahara was still a task for decolonization which remained incomplete. United States- The United States Non Self Governing Territories listed under Chapter XI of the Charter were seven. Throughout the years, half of them achieve self governments. These territories are Alaska, American Samoa, Guam, Hawaii, Panama Canal Zone, Puerto Rico and The Virgin Islands. Nowadays, Guam, American Samoa and The Virgin Islands are still areas controlled by the US. Puerto Rico is a commonwealth territory dominated by the United States. This name is given to all insular areas which are an organize but incorporated dependent territory. The Panama Canal cause a conflict between the USA and Panama, which culminated in 1999 when sovereignty of the territory was passed to Panama. Since 1903, United States controlled the area and Panama was not benefiting from it. In 1977, both countries signed a treaty which would guarantee Panama control over the Canal after 1999. Alaska is a US state in where the federal government controls 65% of the land. In 1867 it became part of the United States but nevertheless it was out under the list of NSGTs. The statehood vote was held in 1958 which create a conflict between the Alaskan Independence Territory and the USA because, though it was not a trust territory, the option of independence did not appear as an option in the statehood votation. Nevertheless, years later Alaska was removed from the UN list. New Zealand- The Realm of New Zealand is the entire area in which the Queen of New Zealand is head of state. After reciting the agreements between the governments of New Zealand and the, in 1948, it was stated that the Tokelau Islands should be a part of New Zealand. Hence Tokelau formally became part of New Zealand on 1 January 1949. The islands are a part of the Realm of New Zealand. Defense is the responsibility of New 10
Zealand. When the British Nationality and New Zealand Citizenship Act 1948 came into effect on 1 January 1949, Tokelauans who were British subjects gained New Zealand citizenship a status which they still hold. In April 2008, speaking as leader of the National Party, New Zealand Prime Minister John Key stated that New Zealand had "imposed two referenda on the people of the Tokelau Islands", and questioned "the accepted wisdom that small states should undergo a de-colonization process 11
Timeline of important events/documents YEAR EVENT 1945 Establishment of the International Trusteeship System together with The Trusteeship Council. 1946 UN s General Assembly Resolution (66I), article 73e of the Charter in which Member States agree to report the development of NSGT under their control 1960 The UN s General Assembly Resolution 1514 Declaration on the Granting of Independence to Colonial Countries and Peoples 1961 The Special Committee on Decolonisation (29 members and 14 observers) 1966 The International Covenant on Economic, Social and Cultural Rights The International Covenant on Civil and Political Rights 1990 The International Decade for the Eradication of Colonialism 1994 International Trusteeship Council was dismantled by the Security Council 2001 Second International Decade for the Eradication of Colonialism was proclaimed 2011 Third International Decade for the Eradication of Colonialism was declared 12
UN involvement Scholarship Offers According to Resolution 845 (IX) of the General Assembly, Member States were invited to offer to the inhabitants of Non-Self-Governing Territories facilities not just to study and training of university standards but also to study at the post-primary level, adding technical and vocational training of practical value. These 60 State Members of the United Nations (listed below) have offered, through the years, to make scholarships available for the inhabitants of Non-Self-Governing Territories: Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Brazil, Bulgaria, Canada, Colombia, Cuba, Cyprus, Czech Republic, Egypt, Finland, Gabon, Germany, Ghana, Greece, Hungary, India, Iran (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan, Libya, Malawi, Malaysia, Malta, Mexico, New Zealand, Norway, Pakistan, Panama, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Singapore, South Africa, Sri Lanka, Sudan, Syrian Arab Republic, Sweden, Switzerland, Thailand, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, of Great Britain and Northern Ireland, United States of America, Uruguay and Yugoslavia. Resolution 1514 Declaration on the granting of independence to colonial countries and peoples- During the General Assembly s fifteenth session in December 1960 the resolution named Declaration on the granting of independence to colonial countries and peoples was submitted. It proclaimed that dependent people have the role of deciding the political status in attaining independence of their territory. Economic, social and cultural development must be chase and achieve by those people. Furthermore, it declares imperative that power must be transferred to the people complaining that it is their decision to express freely their ideas. In addition to this, the declaration urges all administrative countries or Member States not to delay independence excusing with deficiency in political, economical, social or educational matters. Hence, 19 countries voted in favor of the resolution and 9 abstained. Nations which abstained were the Dominican Republic, Australia, Belgium, France, Portugal, Spain, Union 13
of South Africa, and the United States. Most of those countries were major colonial powers excepting for the Dominican Republic. Resolution 2011/40 Support to Non-Self-Governing Territories by the specialized agencies and international institutions associated with the United Nations- In July 2011, The Economic and Social Council submitted resolution 2011/40 which recognizes the great efforts done by some specialized agencies and organizations of the UN such as the United Nations Development Programme. It emphasizes the extensive and effective assistance provided by those agencies towards Non Self Governing Territories. Thus, it calls upon all organisms of the United Nations to strengthen existing measures and promulgate appropriate programs aiding help and facilities to NSGTs in order to progress in the economic and social areas. In addition to this, it recommends all countries to work and cooperate together with the specialized agencies to accord an effective outcome in training facilities for the inhabitants of those territories. Also, this resolution urges all Nations to guarantee a successful implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples United Nations Development Programme (UNDP)- The United Nations Development Programme (UNDP) has been recognized for its efforts to achieve measures stimulating assistance to Non Self Governing Territories. It focuses specially on the economic aspect for countries or territory in needs for help by aiding facilities with different centres and agencies. Hence, tasks are divided in different areas: macroeconomic, financial and fiscal management. This organism endorses the idea of environmental sustainability by recovery programmes. In 2002, Anguilla, a NSGT, was helped and aid by the Caribbean Regional Technical Assistance Centre (CARTAC) which provided the people with supervision in financial sector and development of risk management guidelines. In tokelau, New Zealand s surveilled territory in Southern Pacific was funded for the public administration reform, capacity building and telecommunications. There was also 14
environmental projects and programmes which boosted a sustainable natural resource management. United Nation Children s Fund (UNICEF)- Different United Nation s programs and organisms cooperate with Member States to achieve successful investments in Non Self Governing Territories developing plans focusing in different areas. UNICEF programmes in the Caribbean include many islands which are Non Self Governing territories. These are the British Virgin Islands, Montserrat, and Turks and Caicos Islands. The UNICEF Office for Barbados and the Eastern Caribbean aim their efforts to those NSGTs that lack basic necessities and need health investments in early childhood development and nutrition. In social context, train facilities to adolescents on life skills, HIV/AIDS for child protection according to the Convention on the Rights of the Child (CRC). UNICEF had worked together with representatives of the health, education, immigration, nutrition and youth organizations, instructed on the type of data for the purpose of assessing accomplishments in reports and finding solutions. Write here 15
Possible Solutions Actions regarding the promotion of facilities and training programs can be many according to the countries and the United Nations. In order to aim help and training facilities to Non Self Governing Territories, administering Nations must follow UN s guidelines and rules that had already been set. These are the resolutions submitted during the last decades, for instance, resolution 2011/40 for the Support to Non-Self-Governing Territories by the specialized agencies and international institutions associated with the United Nations. Also, they have to focus on the different resolutions regarding the International Decade for the Eradication of Colonialism. Countries should pay more attention to the Special Committee and work to achieve a better standard of living in NSGTs. Administering countries, together with NGOs and United Nations most influential organizations and programmes like UNICEF, UNDP, UNEP, UNHCR, UNFPA, UNESCO and WHO should act jointly. In spite of the fact that most of them have already implemented measures on those territories, they will have to launch an emergency programme to accomplish different tasks that are still not fulfilled in the remaining 17 territories. This programme should cover different areas in the problematic of the territories. Aiding economic, social, educational and health investments to promote inclusion among social classes is a primordial task. Education must be free for all the population and the administering Nations must invest on infrastructure and training facilities for school teachers, updating of curriculums, guidelines for study and material. Moreover, increasing economic and social help for each inhabitant of the territory so poverty levels can be reduced. People must have their basic necessities as health insurance, a living place and access to education. Besides, the granting of political and speech freedom for the respect and developing of political groups and parties that can expressed their ideas. Though many things can be done to achieve better living conditions, the main issue of the Special Committee should not be overlooked. The independence for these territories must be completed rapidly. Member States are under the Third International Decade for the Eradication of Colonialism which means that all the efforts for the process of self government must be done urgently. Further calls to a statehood vote, if it is necessary, should include the option for independence. 16
List of Sources The Economic and Social Council. (2011). Support to Non-Self-Governing Territories by the specialized agencies and international institutions associated with the United Nations. April 25, 2016, de United Nations Sitio web: http://www.un.org/en/ecosoc/docs/2011/res%202011.40.pdf United Nations Human Rights Office of the High Commissioner. (-). International Covenant on Economic, Social and Cultural Rights. April 25, 2016, de United Nations Human Rights Office of the High Commissioner Sitio web: http://www.ohchr.org/en/professionalinterest/pages/cescr.aspx General Assembly, Fourth Committee. (2013). Offers by Member States of study and training facilities for inhabitants of Non-Self-Governing Territories.. April 25, 2016, de Paper Smart Sitio web: https://papersmart.unmeetings.org/ga/fourth/68thsession/documents/ United Nations. (-). What UN can do to assist non-self governing territories. United Nations and Decolonization. -, de United Nations Human Rights Office of the High Commissioner Sitio web: http://www.un.org/en/decolonization/ UN General Assembly. (2011). International Week of Solidarity with the Peoples of Non- Self-Governing Territories. April 25, 2016, de United Nations Sitio web: http://www.un.org/en/events/nonselfgoverning/ General Assembly. (1959). General Assembly, Fourteen Committee. April 25, 2016, de United Nations Sitio web: http://www.worldlii.org/int/other/unga/1959/117.pdf 17