Study Guide BISMUN 2015 SOCHUM
Transcription
Study Guide BISMUN 2015 SOCHUM
COMMITTEE: THIRD COMMITTEE OF THE GA (SOCHUM) TOPIC AREA A: PRESERVING THE SOCIO-CULTURAL PRACTICES OF RELIGIOUS AND ETHNIC MINORITIES. 1 Welcome Letter Dear SOCHUM, It is our pleasure to welcome you to the 2015 edition of BISMUN in Bucharest, and to welcome you to SOCHUM. Rather fittingly for a committee, which has to deal with a wide range of global and cross-cultural issues, both of us have very different, and very diverse, backgrounds. Nikos comes from and studies in Thessaloniki in Greece, for instance, and I (Jack) come from Canada but study in the UK, after having lived in North America, Europe, Australia and Southeast Asia. Our intellectual interests are similarly diverse, although centred on the humanities – Nikos is mostly concerned with Political Science (very appropriate for Model UN!) whereas I specialise in the somewhat more unorthodox field of Social Anthropology. Both of the topics, which will be considered at SOCHUM – the integration of ethnic and religious minorities and the advancement of LGBTQ (or LGBT+) rights – are ones pertinent to many of us living not only in Europe but around the globe. Each in particular highlights a general dichotomy between the general and the particular, which has often driven debate on such global issues – both topics to this end ask the question of whether we should tackle each as a united humanity or as a diverse range of (somewhat incompatible) cultures. This is very much in keeping with the general theme of the conference, concerning world peace, as this topic deals with the same question: can we come together in peace and harmony, or do we simply have to agree to disagree? This question is of particular pertinence for SOCHUM, a committee concerned primarily with Human Rights and other humanitarian issues. Are the core values of human rights at the heart of documents such as the UN Charter and the Universal Declaration of Human Rights as ‘universal’ as they claim to be, or are they socio-culturally contingent as regional and state-level actors might often proclaim them to be? We look forward to getting somewhere towards finding the answer with all of you. See you soon! Jack Smith and Nikos Sotiriou Introduction to SOCHUM 2 Established as the Third Committee of the UN General Assembly, the Social, Cultural and Humanitarian Committee (referred to hereafter as SOCHUM) has a relatively distinct mandate, when compared to the other three of the ‘first four’ General Assembly committees. According to the United Nations itself, SOCHUM “discusses questions relating to the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to selfdetermination” with the committee also being concerned with “youth, family, ageing, persons with disabilities, crime prevention, criminal justice, and international drug control”. Perhaps the most important concern of SOCHUM, however, and that which sets it apart from other General Nations sub-committees, is its concern with human rights. Of particular note is the close amount of cooperation mandated between SOCHUM and the UN’s Human Rights Council (HRC). As an organization predating the establishment of the HRC in 2006, SOCHUM both examines “reports of the special procedures of the Human Rights Council” and “interact[s] with” individuals” connected to the HRC. At the 68th Session of the General Assembly, for instance, “more than half” of the resolutions submitted to the committee concerned this issue alone. I. INTRODUCTION In the eighteenth and nineteenth centuries with the creation of nation States the matter of preserving the social and cultural practices of non-dominant groups ascended, thus emerging religious and ethic differences between them. Thereafter, the international community has addressed the minority issue numerous times. The protection of the rights of minority groups seems to be for many decades a hotly debated issue, which has been long established on the negotiating table. Since the 3 existence of the League of Nations, the need for recognition and protection of minority rights under international law began through the adoption of several “minority treaties” safeguarding the rights of minorities. With the end of World War II and the establishment of the United Nations, the legal framework has been expanded and developed a number of norms, actions and mechanisms dedicated to resolve the minority issue. Minorities because of being to a non-dominant social, economic and political position often experience violence by the majority, due to their different ethnicity, culture, religion or language. In their struggle to sustain their socio-cultural practices, minorities are frequently inadequately equipped to defend themselves and their rights and are poorly protected against violence by government actors, which may not include members of minorities. The institutional and legislative environments, both at national and international level, do not provide the necessary legal and practical protection, in order to firstly guarantee the existence and the living conditions of the minorities and secondly, anticipate a possible attack and establish appropriate penalties. Ipso facto, the existence of multiple minorities in every country of the world generates the necessity for the promotion and protection of minority rights, bringing the attention to major issues regarding the minority issue. The most notable ones are the recognition of minorities’ existence, actions against their discrimination, the promotion of multicultural and intercultural education in a national and local level, the promotion of their participation in all aspects of public life. Violence against minorities throughout the world demonstrates that these groups are at risk and must be protected. In many cases violence against minorities has been treated with impunity, which can only fuel further violence. History has shown that impunity has led to a large scale of mass atrocities committed against minority groups. A modern example and, simultaneously an international failure, is the Rwandan genocide. Moreover, minorities around the world are also often victims of armed conflicts leading them to become refugees and internally displaced persons. National or ethnic, religious minorities are also victims of multiple discrimination. Many states fail to treat equally minority groups and discriminate against them or their member through the government and social practices or even through their national legislation. As the years go by, issues regarding the protection of minorities, have gained more attention and progress, in a theoretical level of approach. Examples of this theoretical approach are the Council of Europe, OSCE and the relevant action of the United Nations and the European Union. «The ‘’more theory than action’’ framework reveals that the lack of central international governing system, the inadequacy of international law framework and simultaneously having nationalism being the dominant ideology which results in the inability to protect minorities and their rights. Consequently, one of the substantial problematic of the international community is 4 the fundamental concern to identify ways of enhancing the effectiveness of International Law in general and international human rights law in particular, in tackling the complexities of the minority question. The notion of national minority is becoming more comprehensive, progressively expanding to new minorities under the influence of International Law.»1 However, even if member states are continuously discussing over the rights of minority groups, they have failed to reach not only unanimity but also a stable, fair and feasible solution. The apples of discord seem to be many, the most important of which though is the process of defining what a minority is. II. DEFINITIONS A. Minority Definition «As minority one can define that it is a non dominant group of citizens of a state that are usually numerically less and have different ethnic, religious or linguistic characteristics than the majority of the population, that are aware of having a different identity and are willing to prevail it. They are supporting each other, have common will for survival and aim at the substantial and legal equality of rights with the majority.»2 B. Who are minorities under the international law? There is no internationally agreed definition as to which groups of people constitute minorities. This difficulty derives from the variety of situations in which minorities live. Although this absence, the term minority as used in the United Nations human rights system usually refers to national or ethnic, religious and linguistic minorities, as it has been adopted by consensus in 1992 at the United Nations Minorities Declaration. According to the definition offered in 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, a minority is: “A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members being national of the State, posses ethnic, religious, or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, 1 http://aripd.org/journals/jswhr/Vol_2_No_1_March_2014/18.pdf 2 M.KOPPA, ‘’Minorities in post-communist Balkans: central policies-minorities reactions’’, IDIS Library, Athens, 1997 5 directed towards preserving their culture, traditions, religion or language.” In the above definition the nationality parameter has been often questioned. It is obvious that, the requirement to be in a non-dominant position remains important. As a matter of fact, not all the minorities fulfill the requirement of being in a non-dominant position. For instance a minority group can be a numerical majority but simultaneously can find itself in a minority-like or non-dominant position, such as Blacks under the apartheid regime in South Africa. In addition, in order to fulfill the criteria of characterizing a minority, it is now commonly accepted that recognition of a minority status is not solely for the State to decide, but should be based on the will of the members of a minority to preserve their own characteristics and the wish of the individuals concerned to be considered part along with certain requirements listed in the Capotorti definition. Canada’s Jules Deschenes to the Sub-Commission in 1985 submitted a revised version based on the Capotorti definition: ‘’A group of citizens of a State, constituting a numerical minority and in a non- dominant position in a State, endowed with ethnic, religious or linguistic characteristics which differ from those of the majority of the population, having a sense of solidarity with one another, motivated, if only implicitly, by a collective will to survive and whose aim is to achieve equality with the majority in fact and in law.’’3 C. Religious Minorities According to the UN Special Rapporteur on Prevention of Discrimination and Protection of Minorities, a religious minority refers to groups which profess and practice a religion different from the majority of the population. A group’s recognition as a minority should meet the requirements set by the definition cumulatively. Minorities should not comprise more than 50% of the State’s population for the quantitative criterion to be fulfilled. D. Ethnic Minorities “A group within a community which has different national or cultural traditions from the main population.”4 In order to be characterized as an 3 UNDOC E/CN.4/ Sub.2/1985/31 Dr Patrick Thornberry, A Minority Rights Group Report ‘’Minorities and Human Rights Law’’ , 1991 pg. 7 4 http://www.oxforddictionaries.com/definition/english/ethnic-minority 6 ethnic, the minority must differ from the majority of the population due to their independent culture and history. In this context, ethnicity is not limited to “biological, physically recognizable or genetic features”, rather it encompasses “cultural and historical elements”. Ethnic minorities in order to fully and effectively enjoy, maintain and develop their own culture, they must be guaranteed some minimum level of cultural autonomy. III. RIGHTS OF MINORITIES In order to safeguard the existence of minorities, which undoubtedly play an important role to the shaping of the national and international human rights system, the international community has established a protective umbrella under which the rights of minorities are enlisted and protected. More specifically, minority groups enjoy the right to exist and land on a state’s territory despite having their own characteristics such as language, culture, religious, tradition or origin. In other words, minorities enjoy the right to practice their religious or cultural costumes and tradition both in private and in public life without any arbitrary state interference. Not only that, but minority groups are considered to be part of the state in which they land; hence their members enjoy the right to participate equally to all decision-making processes and to the social, religious, economic, political and public life. However, one of the most important rights of a minority group is the right to establish and maintain their own associations. The importance of this right lies on the fact that it allows all members belonging to a minority group gather and unite through the creation of their own association. This, along with their freedom to equally participate in the proceedings of the society and the public life as a whole, offers them the opportunity to organize their actions, demonstrate their beliefs and tradition, attract new members and promote their rights. Last but not least, through the right to assembly and association , minority groups can freely exercise their human rights in community and as a result enjoy enhanced protection as regards state interference and restrictions to their rights. A. OBLIGATION OF THE STATES The member states hosting minority groups on their territory should focus on the protection and enhancement of their rights aiming at the preservation of their culture and identity and consequently at their mere existence. For these reasons: 1. “States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law” 7 2. “States shall take measures to create favorable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.” 3. “States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.” 4. “States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.” 5. “States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development of their country.” B. Overview of International Legal Documents on Minority Rights: INTERNATIONAL LEGAL INSTRUMENTS Minority Rights embody two separate perceptions: On the one hand, normal individual human rights as applied to every individual and in our case to the members of racial, ethnic, religious minorities and on the other hand, collective rights accorded to minority groups. Collective Minority Rights are mentioned on relevant documents of United Nations, the Council of Europe, the OSCE and the EU. Some of these are legally binding for countries that acceded/ratified them, others are meant for inspiration and express good will and intentions. The most notable are the following: 1) International Covenant on Civil and Political Rights Organization: United Nations Legally Binding: Yes Art. 27 – “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.” 8 2) Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities Organization: United Nations Legally Binding: No Art. 1(1) – “States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.” 3) Framework Convention for the Protection of National Minorities Organization: Council of Europe Legally Binding: Yes Art. 4(1) – “The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.” Art. 4(2) – “The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political, and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities. 4) European Charter for Regional or Minority Languages Organization: Council of Europe Legally Binding: Yes 5) Copenhagen Document Organization: Organization for Security and Co-operation in Europe (OSCE) Legally Binding: No The document states that belonging to a national minority is a “matter of a persons individual choice.” Copenhagen went much further than existing documents in providing an entire catalogue of minority rights and committing participating States to protect the right of ethnic, cultural, linguistic and religious minorities living on their territory. 6) Charter of Fundamental Rights 9 Organization: European Union Legally Binding: Yes Art. 21(1) – “Any discrimination based on any ground such as sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.” IV: POINTS THE COMMITTEE SHOULD ADDRESS A) THE IMPORTANCE OF PRESERVING Respect for human rights in a country counts as a measure for democracy. Α characteristic of a democratic society is the respect of individual identities of different cultures and practices that exist within the society. By promoting multiculturalism, can the preservation of socio-cultural practices of ethnic and religious minorities take place? B) WHY AND HOW STATES The two most crucial issues that should be addressed: Do some countries need an integrated strategy, in order to make the generous standards that are provided in the international law applicable in practice? Can minority issues be seen only as an issue of legal framework or just political will? Is a potential conflict caused by links between ethnicity and economic transition, as well as regional underdevelopment? In addition, even the most advanced legal framework will not say too much about the actual situation of the minorities and about the inter-ethnic relations in a given country – as big gaps can be identified between standards and practice almost everywhere in the region. Can and should governments be held accountable for the installation of a legal and institutional framework for minorities within the state under their obligations? USEFUL LINKS 10 http://www.britannica.com/EBchecked/topic/384500/minority http://www.ohchr.org/EN/Issues/Minorities/Pages/MinoritiesIndex.aspx http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx http://www.ohchr.org/EN/HRBodies/HRC/Minority/Pages/Session7.aspx http://www.un.org/documents/ga/res/50/ares50-180.htm http://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf http://www.ohchr.org/EN/NewsEvents/Minorities2012/Pages/minorityrights2012.asp x 11