SPECPOL SPECIAL POLITICAL AND DECOLONIZATION COMMITTEE STUDY GUIDE Manchester Model United Nations Conference 2016 Manchester Model UN Society University of Manchester Students' Union www.manmun.co.uk Dear fellow delegates, The chairing team of SPECPOL would like to offer you a warm welcome to the committee's study guide. Here, you can find all the basic background informations and guidance for further research to assist you in obtaining a more in depth understanding of the committee's two topics. Please remember the SPECPOL study guide should not be your only point of reference and we would recommend all delegates to look beyond it in order to be successful in SPECPOL. However, we hope that you find it useful as a starting point for your research. If you have any inquiries, please feel free to contact the Chairing team at the following email address: [email protected] Good luck, Nghia Trong Phuoc Mai SPECPOL Chair 1 Topic A: Utilisation of Peacebuilding Processes to Facilitate Peaceful Democratic Transfer of Power in the Central African Republic (CAR) Introduction: Since gaining independence in 1960 from France, the Central African Republic (CAR) has been through decades of political upheaval and state failure. This included a substantial period of oppressive dictatorial rule under Jean-Bédel Bokassa, who notoriously proclaimed himself Emperor of the Central African Empire in 1977. After Bokassa's overthrow in 1979, CAR went through a series of coup d'états and small-scale violent rebellions, predominantly in the rural north of the country. At the same time, since 1990s, the country has struggled with recurrent insurgencies and army mutinies, seriously hampering the country's political and economic development with only one successful multi-party election held in 1993. Economic and political development has traditionally relied on the international donor community despite the country’s significant mineral reserves such as diamonds and arable land. The violence escalated in 2012 and in March 2013, when the Muslim-led rebel group Seleka overthrew the government of president Francois Bozizé, whom himself came to power through an armed rebellion ten years ago. This has led to high levels of violence against civilians along ethno-religious lines, particularly between the Christian majority and Muslim minority which have historically co-existed in relative harmony, causing significant population displacement in this country of only 5 million. This conflict escalated into a fully-fledged civil war between Seleka and the anti-Seleka Christian militias. Due to the escalation of the conflict and regional implications, various regional blocs and international organisations, including the UN, have deployed peacekeeping forces into CAR with varying degrees of success, this includes the UN's own United Nations Multidimensional Integrated Stabilisation Mission in Central Africa. In January 2014, a donor-backed transitional government under Catherine Samza-Panza formed to replace the Seleka-led regime with the resignation of their leader Michel Djotodia but struggled to either contain or resolve the political and humanitarian crisis that were still occurring in the country. A small amount of progress was achieved in May 2015, when various militia and civic and political leaders within CAR attended the Bangui Forum for national consultations, resulting in an agreement on disarmament, governance reforms, reconciliation and reintegration of militia combatants. However, the implementation of the agreement was scrutinized due to continued delays of promised elections. Despite this, long-awaited elections were finally held in December 2015 and Faustin-Archange Touadéra emerged as the winner in a runoff vote in February 2016 with 63 percent of the ballot. Despite this major accomplishment in the stabilisation process of CAR, the new administration still faces significant challenges. Therefore, it is important for this committee to provide a resolution which will lay 2 the foundation for long-term sustainable democratic transfer of power in a country with a previously turbulent history. Analysis of topic: - Disarmament, Demobilisation, Reintegration and Reparation (DDRR) As part of the agreement reached on the disarmament process during the Bangui Forum, some 7000 ex-Seleka militants are to be disarmed and enrolled in labour-intensive programmes in 16 DDR locations in high-risk areas of the country to discourage spoiler activity. Securing funding would be needed in creating long-term employment opportunities and financial benefits such as social welfare and pension scheme in order for ex-combatants to successfully reintegrate into the post-conflict civil society. Thereby, establishing international funding mechanisms, with emphasis on transparency, would be crucial in contributing to long-term peacebuilding in the country. In addition, former combatants are also to be reintegrated into the national security forces of CAR based on professional and vetting criteria as part of the Bangui Forum agreement. Short-term and immediate assistance from the international community would be needed to restore a minimum capability for the country's security and defence forces as they are the first line of defence for protection of civilians. Key components include establishing a national vetting process in accordance with international human rights and humanitarian law standards and rehabilitation of police stations in key areas and barracks and training centres. A reassessment of the roles of peacekeeping forces stationed in the country would be needed in terms of contribution to peacebuilding. Moreover, as the conflict was conducted based on ethno-religious lines, it is also important to take this into consideration when reintegrating ex-militants. - Bridging Ethno-Religious Divisions and Humanitarian Assistance: The 4-year long conflict in the Central African Republic exposed the concealed divisions within the country, along geographical and ethno-religious lines. This involves the concept of 'foreignness' due to the migration patterns of Chadian immigrants and their Muslim descendants. Therefore, many non-Muslims and southerners refer to Muslims and northerners, who often maintains cross border family and economic ties, as foreign even though they were born in the country and consider it their home. This is important considering that neighbouring Chad helped to bring Bozizé to power in 2003, which helped to fuel tensions between Christians and Muslims. In addition, Muslim and northern resentment towards successive governments led by southerners and Christians over perceived neglect, discrimination and denial of full citizenship. The consequences have been high 3 levels of violent attacks on unarmed citizens, accounting for more than half of all the conflict events in the country, which exceeded the continent average of 35%. This has led to significant displacement of the population, where by June 2015, the total number of refugees reached 462,000 with the majority are internally displaced within the country and many more have fled to neighbouring countries. It has been estimated that 2.7 million people, at least half of CAR's population reportedly needed humanitarian assistance. This is also due to pre-existing poor social services and a legacy of past conflicts and an underdeveloped economy paralysed by political instability with vital mining areas under the control of militias and decreased harvests. It is important to ensure continuing flow of humanitarian aid to assist vulnerable sections of the population as well as establishing long-term strategies, with cooperation between the national government and international organisations, for resettlement of displaced communities as part of the stabilisation of country as a whole as they will eventually form the electorates with significant roles to contribute in the democratic processes of the country. Achieving national reconciliation and bridging ethno-religious divisions will be also be key in achieving this. - United Nations Multidimensional Integrated Stabilisation Mission in Central Africa (MINUSCA): Authorised for deployment by the Security Council on 10 April 2014 through resolution 2149, MINUSCA is tasked with protection of civilians as its main priority with other tasks include support for the transition process; facilitating humanitarian assistance; promotion and protection of human rights; support for justice and rule of law; and disarmament, demobilisation, reintegration and repatriation processes. It is currently comprised of 12870 uniformed personnel, which includes 12870 military personnel and 2120 police with significant civilian component. Its mandate has recently been extended via resolution 2281 adopted by the Security Council on 26 April 2016. With France, the former colonial power in CAR, ending its military intervention, which had supported UN peacekeeping troops at the peak of Operation Sangaris, maintaining security in major urban areas will be important whilst ceasefire negotiation is taking place between the warring factions. A look at the role of peacekeepers in peacebuilding processes in ensuring democratic transfers of power would be interesting. 4 Points to Consider: 1. Ensuring future successfully held elections in the Central African Republic 2. Providing international funding and assistance for Disarmament, Demobilisation, Reintegration and Repatriation ( DDRR) processes for ex-militants of both sides 3. How to resettle displaced populations and ensuring return to normalcy 4. Rebuilding minimum capability and capacity for CAR's security and police forces 5. Successful implementation of Truth Commissions and criminal courts to prosecute war crimes and achieve national reconciliation 6. Amending historical fractured national disunity along ethno-religious lines 7. Assisting the newly elected government of CAR in long-term peacebuilding and promotion of democratic values 8. Addressing violence against vulnerable sections of the population 9. Utilisation of peacekeeping forces to achieve peacebuilding goals in CAR Suggested Further Reading: ● http://www.c-r.org/where-we-work/east-and-central-africa/history-central-african-republicconflict-0 ● http://www.independent.co.uk/news/world/africa/central-african-republic-goes-to-polls-afteryears-of-conflict-a6791076.html ● http://www.newsweek.com/central-african-republic-conflict-faustin-archange-touadera-434046 ● http://www.kaiciid.org/news-events/news/muslim-leaders-central-african-republic-unitesupport-social-cohesion ● http://www.un.org/en/peacekeeping/missions/minusca/ ● UNSC Resolution 2149 (2014)- http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2149(2014) ● UNSC Resolution 2281 (2016)- http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2281(2016) ● http://www.undp.org/content/dam/undp/library/crisis%20prevention/CAR_ENGLISH-WEB-LR09302015.pdf?download. ● https://www.cia.gov/library/publications/the-world-factbook/geos/ct.html ● https://www.fas.org/sgp/crs/row/R43377.pdf 5 ● http://www.acleddata.com/wp-content/uploads/2015/01/ACLED-Country-Report_Central-AfricanRepublic.pdf Topic B : Establishing a new classification and prioritisation framework for Non-SelfGoverning Territories (NSGTs): Introduction: Since 1946, the General Assembly has maintained a list of territories deemed to be ‘Non-self-governing’, colonies, in other words. In 1961, the Committee of 24, or ‘Special Committee on Decolonisation’ was established to report annually to the General Assembly the situation in each territory. The purpose of the committee and this list was to oversee and advocate for the implementation of the Declaration on the Granting of Independence of Colonial Countries and Peoples (General Assembly Resolution 1514 (XV) 1960). Over the years, the list has seen territories come and go, from the Belgian Congo to Alaska, each removed when a change in status has been deemed by the General Assembly, after the report from the Committee of 24, to give the peoples of the territory sufficient rights to Self-Government. Nigh-on one hundred territories have passed onto and off the list, many upon gaining total independence, others after changes in status. Today, the list consists of 17 territories (see figures 1 and 2), the vast majority of which are British Possessions, though territories administered by France, the United States, New Zealand and Spain.1 Of these, three are disputed. Western Sahara (see footnote), the Falkland Islands (claimed by Argentina and the UK) and Gibraltar (Claimed by Spain and the UK). The period 2011-2020 has been proclaimed by the General Assembly as the Third International Decade for the Eradication of Colonialism. With this in mind the General Assembly, on the advice and based on the reports of the Committee of 24, still strives towards the total eradication of colonialism across the world. “What we need now are creative solutions for the remaining Non-Self-Governing Territories. If the United Nations is to fulfil its obligations in supporting the legitimate aspirations of the peoples of these Territories, a pragmatic and realistic approach -- taking into account the specific circumstances of each -- is most likely to lead to concrete results.” - Secretary-General Ban Ki-moon, Special Committee on Decolonisation, 25 February 2010. 1 The List recognises Spain as the de jure administering power, though Morocco and the Sahrawi Arab Democratic Republic (SADR) are de facto administering powers. SADR is, however, a widely unrecognised state. 6 The current system of listing Non-Self Governing Territories is not free from criticism, and has issues that may suggest it is unfit for purpose in the 21st century. Several of the territories present on the list have chosen to be on the list democratically, by means of referenda. In Tokelau, New Zealand’s list entry, UN-overseen referenda in 2006 and 2007 both failed to win enough support for independence, the latter falling short by 16 votes, leading to claims Tokelauans were having decolonisation forced upon them by the United Nations. In the Falkland Islands (Malvinas), a referendum in 2013 saw all but 3 of the territory’s voters choose to maintain their relationship with the United Kingdom, despite which the Committee of 24 maintained that the UK and Argentina ought enter negotiations over the territories future, leading to criticism from the British and Island authorities.There is a similar situation in the British territory of Gibraltar. This raises several questions about the List. Firstly, does the list place too much weight over the notion of self-government over the notion of self-determination? Both are of importance as emphasised in the UN Charter (Chapters XI and I, respectively), but the List, in practice has favoured self government. This is not the only issue: ● All the territories that have been on the list have been the territories of Western countries (Australia, Belgium, Denmark, France, Italy, Netherlands, New Zealand, Portugal, South Africa, Spain, the United Kingdom, and the United States), whereas the idea of a territory being ‘non-self-governing’ could have been extended to include, for instance, those territories of the Former USSR. ● Many of the listed territories already have self government to a significant degree. Territories such as Bermuda only rely on their administering powers for matters such as Foreign Affairs and defence. ● Some of the listed territories would, arguably, be simply unviable as independent states; Pitcairn Island has a population of 37. The British Governor of the territory is also UK High Commissioner to New Zealand, and the offices of the Governor are in Auckland, well over 5,500km away. It is questionable, therefore, whether this would be a viable independent state. The Committee of 24, responsible for reporting to the General Assembly its assessment of the listed territories, is itself not free from criticism, as the committee consists of only one European country (Russia) and a number of other powers, with no representation of the countries whose territories are placed on the list. The Committee has, potentially with this is a factor, in the past chosen to speak out against, for instance, the referendum in the Falkland Islands, leading to a response from the British that “It is disappointing that once again the C24 [the Decolonization Committee] has not respected the clear and democratic expression of the Falkland Islanders' wishes and continues to describe the Falkland Islands' constitutional relationship with the UK as a ‘colonial situation’.” 7 TERRITORY LISTING ADMINISTERI AS NSGT NG POWER LAND AREA (sq.km.)(2015) POPULATIO N(2015) AFRICA Western Sahara Since 1963 See footnote 1 266,000 586,000 ATLANTIC AND CARIBBEAN Anguilla Since 1946 United Kingdom 96 15,700 Bermuda Since 1946 United Kingdom 53.35 61,777 British Virgin Islands Since 1946 United Kingdom 153 28,200 Cayman Islands Since 1946 United Kingdom 264 55,691 Falkland Islands (Malvinas) Since 1946 United Kingdom 12,173 2,500 Montserrat Since 1946 United Kingdom 103 5,000 Saint Helena Since 1946 United Kingdom 310 5,777 Turks and Caicos Islands Since 1946 United Kingdom 948.2 31,458 United States 352 107,343 United Kingdom 5.8 32,700 United States Virgin Islands Since 1946 EUROPE Gibraltar Since 1946 8 PACIFIC American Samoa French Polynesia Since 1946 1946-1947 United States 200 55,170 France 3,600 268,207 United States 540 159,358 France 18,575 268,767 and since 2013 Guam New Caledonia Since 1946 1946-1947 and since 1986 Pitcairn Since 1946 United Kingdom 35.5 37 Tokelau Since 1946 New Zealand 12.2 1,411 Source: http://www.un.org/en/decolonization/nonselfgovterritories.shtml 9 Source: http://www.un.org/Depts/Cartographic/map/profile/nonselfe.pdf Points to consider 1. General guideline The Third Decade for the Eradication of Colonialism (2011-2020) is drawing to a close, nonetheless there has been little or no change to the status of most territories from the UN list of NSGTs. In order to facilitate the case by case approach that is advocated by the United Nations, the committee will be asked to consider moving towards a new classification and prioritisation framework for NSGTs. This is by no means an arena for national grievances and territorial disputes but a collective institutional reflection on the need to update the current classification framework for NSGTs. 2. Questions a resolution must answer - Assessing the need for a new framework : how profound should this shift in approach be ? 10 - What are the main types of NSGTs ? What kind of new categories should be created ? - Self-government Vs self-determination : should the prioritisation of one over the other be officially recognised by the United Nations ? - Viability and prioritisation : should territories, such as the Pitcairn Islands2, whose specific characteristics mean they are not considered as viable independent States, still be a priority for decolonisation per se ? - Decolonisation Vs local autonomy : some territories have deliberately chosen local autonomy within a bigger entity over independence, is their presence on the list still relevant ? 3. Validity A satisfactory resolution should not betray the spirit of the United Nations Charter. Delegates are expected to be guided by the principles outlined specifically in Chapter XI - Declaration regarding Non-Self-Governing Territories (Articles 73/74). Bearing in mind the paramount interest of NSGTs inhabitants, the resolution should strengthen administering States’ commitment to the provision of assistance in the development of self-governance and to the socio-economic advancement of NSGTs. Other official documents to bear in mind: - General Assembly Resolution 65/119 (2010) : Third International Decade for the Eradication of Colonialism - ECOSOC Resolution 2011/40 (2011) : Support to Non-Self-Governing Territories by the specialized agencies and international institutions associated with the United Nations - UN Charter, Chapters I & XI, regarding Self-Determination and Self-Government respectively. 2 With a total population of 37 and a total area of 36km, the Pitcairn Islands are a British overseas territory which is pragmatically considered too small and too sparsely populated to be a viable State. 11 BLOC POSITIONS : - France : As an overseas collectivity since 2003, French Polynesia is considered as an integrated yet distant and autonomous part of the French territory. Its 2003 change of status highlights the French Republic’s will to maintain some kind of oversight over French Polynesia while granting maximum autonomy to the distant territory. The presence of French Polynesia on the UN list of NSGTs is therefore seen by some as irrelevant, since the path chosen for the territory is not decolonisation per se but national integration through devolution. New Caledonia, a sui generis French collectivity, differs from the aforementioned case as an independence referendum should be held before 2019. - United Kingdom The UK has by far the most possession on the list at the current time (ten, out of a total 17), and is the only administering power whose territories on the list are, in some cases claimed by another power: Spain and Argentina claiming Gibraltar and the Falklands respectively. Referendums in Gibraltar and the Falklands have overwhelmingly endorsed the status quo, and for the time being discontent in other British Overseas Territories is limited. The British Government remains critical of UN calls to discuss matters relating to the territories, maintaining that the will of the people of its various possessions is enough to maintain them as they are, in line with Chapter I, Article 1 of the UN Charter, which proclaims the right to self-determination. - United States of America : The United States has three territories on the list, and the relationship they maintain between territory and administering power is, perhaps, more agitated than some of the European countries’ relationships. The US Virgin Islands, for instance, has had a relationship with the US that at times has been soured by matters of self-determination, the right of US Virgin Islanders to be represented in Congress and the vote for the Presidency. This lack of representation at a federal level saw a court case in 2012, against the Federal Government, though the case was ultimately dismissed. The US Virgin Islands’ authorities have also petitioned the US Government for better representation at the federal level. Similar lack of representation 12 does exist in the other US territories on the list as well, and should be borne in mind should any eventual reform process take place. Nevertheless, the US has historically stood against colonialism and this should be considered when the List of Non-Self-Governing Territories is discussed. - Argentina In 1982, Argentina invaded the Falklands, or Malvinas, the South Sandwich Island and South Georgia, three British overseas territories the country claimed. The traumatic conflict lasted for ten weeks and resulted in the deaths of 649 Argentine military personnel and 255 British military personnel. After the British victory, the status quo was maintained and diplomatic ties between Argentina and the United Kingdom were severed until 1989. To this day, Argentina’s sovereignty claim over the Falklands is still enshrined in the 1994 Constitution even though the 2013 referendum irrefutably confirmed the Falklands Islanders’ will to maintain the status quo. - Morocco As the de facto administering State of Western Sahara, Morocco is in an ongoing conflict with the Polisario front, a rebel Sahrawi national liberation movement. Such conflict is the continuation of the Polisario’s insurgency against Spanish presence in Western Sahara. To this day, Spain is still the de jure administering State of Western Sahara although Spain effectively withdrawn from the territory in 1976. - Spain Spain’s claim over Gibraltar, a British overseas territory located in the far South of Spain, has been a source of tensions between the two countries since the 18th century. Joint sovereignty over Gibraltar between Spain and the UK was rejected by a popular referendum in 2002. The three entities - Gibraltar, Spain and the UK - have been conducting constructive talks under the 2006 Cordoba Agreement. The result of the Brexit referendum, in which an overwhelming majority of Gibraltarians (95%) voted in favour of remaining in the European Union, has brought the Gibraltar dispute back in the spotlight by giving additional weight to Spain’s sovereignty claim, some observers have pointed out. - Russia, PRC, Iran 13 These are among the countries that may be in favour of keeping something similar to the status quo, as they are all in the Committee of 24 and may well wish to see that their interests in that committee remain, and remain free from Western interference. They would likely seek also to ensure any reforms do not add to the list any territories of their own which, if applicable, could be considered ‘Non-Self-Governing’. - Denmark & Netherlands Denmark and the Netherlands are two of the few European countries maintaining overseas territories that do not find a place on the list, due to the change in status of their territories to allow a wider berth to the territories for self government (Greenland, the Faroes, and the islands of the Dutch Caribbean all being ‘countries’ within their respective Kingdoms). Additionally, pressure applied in the General Assembly can, at times, see territories removed from the list. Nevertheless, the Danish possessions in the North Atlantic, and Dutch possessions in the Caribbean are not significantly different in status from some of the existing entries of France and the UK, and a reform to the list and its compilation may wish to take this into account. USEFUL LINKS - The United Nations Charter https://treaties.un.org/doc/publication/ctc/uncharter.pdf - United Nations List of Non-Self-Governing Territories - Article - Wikipedia https://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories - New Zealand Herald Article regarding Tokelau’s Referenda http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10510595 - Independent Article regarding Falkland Islands Referendum and UN Response http://www.independent.co.uk/news/world/politics/un-committee-backs-argentina-over-falklandislands-9566894.html - Website for the Committee of 24 http://www.un.org/en/decolonization/specialcommittee.shtml 14
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