PNMHII

XXV

Short Diplomatic Course

Study Guide

2

WELCOMING LETTER

Distinguished delegates,

Welcome to the 25th edition of Pertemuan Nasional Mahasiswa Hubungan

Internasional se-Indonesia (PNMHII XXV)! To be held in Universitas Indonesia, Depok, in

November 2013, PNMHII XXV promises to provide a vehicle for us students of International

Relations to voice out our opinions and thoughts regarding Indonesia and its international

affairs under the theme of ‘Upholding the Pledge: Nationalism in Indonesian Foreign

Policy’.

Once again, in the 25th

edition of PNMHII, a ‘Short Diplomatic Course’, or

commonly known as SDC, will be held. Compared to other forms of discussions that will

take place during PNMHII, SDC is different because it does not discuss Indonesia and its

international affairs per se, but rather discusses an issue which is of great importance to

Indonesia through the perspectives of Indonesia and other countries in a Model United

Nations (MUN) atmosphere. As in any other MUN, delegates will act as ‘diplomats’ and

engage in a constructive debate with other ‘diplomats’ regarding certain international issues.

Although during SDC the majority of delegates will not speak on behalf of Indonesia, but at

the end of the day, SDC will be beneficial for Indonesia because the resolution that it

produces (which sums up the main interests of other countries) can be used as a basis for the

formulation of Indonesia’s foreign policies.

This year, PNMHII SDC takes on a bold and major issue: “Socio-political

Recognition for Minority Rights”. Basically, this is an issue that hits home for Indonesia and

other countries which are currently facing resistance from its minorities. This issue will no

doubt lead us to discuss policies of accommodation governments can extend to its minorities

to prevent conflicts, but also lead us to question some basic (and highly central) international

relations concepts that we often take for granted. Among the few, this issue will make us

question ‘states’ as a form of government, the definition of ‘nation’, ‘peoples’ and

‘minorities’ and the applicability of ‘the self-determination’ doctrine. In a way, this issue will

challenge us to see how far we are willing to defend our nationalism and territorial integrity.

Thus, it is highly relevant with the larger theme of PNMHII XXV.

At the end of the day, it is up to the delegates of PNMHII SDC to contribute to the

debates and create a comprehensive resolution which will be useful for Indonesia in the

future. So, as the starting point for delegates to do research, we have provided a study guide

which sums up the issue in general. Hopefully, delegates will make full use of the study guide

and other available resources to enhance their knowledge on the matter.

Delegates, we have invested in our shoulders the future of international relations, and

especially Indonesian international affairs. Basically, PNMHII XXV can really be a platform

for us to start making real contributions. However, the question remains: are we willing to?

See you in November!

Best regards,

Cazadira Fediva Tamzil, Gea Larissa Kuncoro and Amy Darajati Utomo

Directors and Assistant Director of PNMHII XXV Short Diplomatic Course

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TABLE OF CONTENTS

Committee

The United Nations General Assembly………………………….……………………4

The Third Committee of the United Nations General Assembly: The Social, Cultural

and Humanitarian Affairs Committee (SOCHUM)…………………………………5

Issue: Socio-Political Recognition of Minority Rights

Introduction……………………………………………………………………………7

Identity and Identity Construction…………………………………………………….8

Identity-Related Conflicts……………………………………………………………..9

State and Nation……………………………………………………………………….9

The Majority and the Minority………………………………………………………..10

Minority

Rights…………………………………………………………………………………..10

Self-Determination: A Right for All Peoples?................................................................11

Actual Cases…………………………………………………………………………...

Europe…………………………………………………………………………14

The Scotland Experience

Africa………………………………………………………………………….15

South Sudan: After Taste of the Referendum

Asia……………………………………………………………………………16

China: Ethnic War

Indonesia: Aceh and Papua’s Cry for Independence

Bloc Position………………………………………………………………….……….21

Questions A Resolution Must Answer (QARMAs)…………………………………..21

Guidelines on Position Paper ……………………………………………..…………..22

Bibliography………………………………………………………………..…………23

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COMMITTEE

The United Nations General Assembly

Picture 1. The United Nations General Assembly Meeting

Source : www.un.org (accessed on August 15th

, 2013)

The United Nations, established in 1945, is a supranational body founded as a

replacement for the League of Nations, which failed to prevent World War II. Commonly

known as the ‘UN’, the United Nations is comprised of multiple organs and subsidiary bodies

that function as a whole to facilitate international cooperation in terms of peace, security,

economy, human rights, social issues and many others.

One of the largest and the most representative organs of the United Nations is called the

General Assembly, or simply ‘GA’. Basically, the GA consists of 6 main committees: The

Disarmament and International Security Committee (DISEC), the Economic and Financial

Affairs Council (ECOFIN), the Social, Cultural and Humanitarian Affairs Committee

(SOCHUM), The Special Political and Decolonization Committee (SPECPOL), the

Administrative and Budgetary Committee and the Legal Committee.1 Out of all the other UN

bodies and organs, the GA is deemed as the most representative organ due to the fact that its

membership covers almost all sovereign states in the world. Being the largest and most

representative, the GA functions as the main deliberative and policymaking organ of the UN

through its regular sessions from September to December every year.2

1 www.un.org (Accessed on September 4

th, 2013)

2 http://www.un.org/en/ga/about/background.shtml (Accessed on August 29th, 2013)

5

There are several basic regulations when it comes to GA resolutions. Basically, all

members of the GA have equal votes, with one state having one vote. In GA meetings, a

two-third majority of present states is needed to make a resolution pass. However, resolutions

passed by the GA are not binding for its member states. Instead, they merely serve as

recommendations. But, although they are only ‘recommendations’, it has been proven

through history that the GA resolutions have been instrumental in stimulating international

cooperation.3

The Third Committee of the General Assembly: The Social, Cultural and Humanitarian

Affairs Committee (SOCHUM)

The third committee of the United Nations’ General Assembly’s known as the

‘SOCHUM’ (The Social, Cultural and Humanitarian Affairs Committee) was founded in

1946, along with other United Nations organs and bodies. As the name suggests, SOCHUM

regularly works in the areas of global social, humanitarian and human rights issues.4 One of

SOCHUM’s main tasks is to establish better compliance to human rights in every region of

this world and promote international peace and security.5 Much deeper than that, the

SOCHUM also aims to protect and better the lives of civilians.6

Over the years, SOCHUM has been discussing and proposing resolutions that are in line

with its area of expertise. Among the few issues SOCHUM has tackled are those concerning

human rights, drug control, social justice, women advancements, racism, indigenous rights,

social developments, protection of children and many others.7 Unlike many other UN (United

Nations) bodies, SOCHUM does not discuss a lot of country specific situations.8 For

example, in SOCHUM’s 56th session, SOCHUM only considered 3 (three) draft resolutions

that addressed country specific situations.9

3 The 2013 Harvard National Model United Nations (HNMUN) Social, Cultural and Humanitarian (SOCHUM) Study Guide, p. 5 4 http://www.un.org/ga/61/third/third.shtm (Accessed on August 28th, 2013)

5 gimun.org/about-general-assembly-third-committee-sochum (Accessed on September 1

st, 2013)

6 Ibid

7 http://panasiamun.com/Committee/SOCHUM.html (Accessed on September 3rd, 2013)

8 Op. cit., HNMUN 2013 SOCHUM Study Guide., p. 5

9 Ibid.

6

Picture 2. Illustration of the Issues that SOCHUM Deals With On a Regular Basis

Source : Drawn from Various Websites

Aside from merely passing resolutions, SOCHUM also does their work through other

more meaningful means. For example, SOCHUM often coordinates directly and or demand

reports from other UN organs, agencies and bodies, such as World Health Organization

(WHO), United Nations Development Program (UNDP), United Nations Education,

Scientific and Cultural Organization (UNESCO), the United Nations Children’s Fund

(UNICEF) and many others10

. Moreover, SOCHUM also examines reports of the special

procedures of the Human Rights council11

and or conduct their own studies on social,

humanitarian and human rights issues.

As in any other committees of the UN GA, SOCHUM is very large and representative.

Indeed, all 193 (one hundred and ninety thirty) members of the United Nations are

represented equally at SOCHUM – making it one of the biggest committees in the United

Nations. In their annual meetings, each member nation in SOCHUM is allowed one vote and

vote passes with a simple majority12

. Even though the resolutions passed by SOCHUM are

not binding upon any of the members, its wide scope of work and jurisdiction continues to

make SOCHUM one of the most important committees in the United Nations.13

10

Op. cit., www.gimun.org (Accessed on September 1st

, 2013) 11

Op. cit., http://www.un.org (Accessed on September 4th

, 2013) 12

Op. cit., www.gimun.org 13

http://www.montessori-mun.org/files/FileUpload/files/2012-BackgroundGuides/SOCHUM_HW-FORMAT_BG.pdf (Accessed on September 4th, 2013)

7

ISSUE: SOCIO-POLITICAL RECOGNITION OF MINORITY RIGHTS

Introduction

In the past, international relations was merely focused on ‘high politics’ and

considered as an ‘elitist’ field of study. Indeed, in the past, international relations was only

focused on dissecting issues of high politics, which include ‘war’ and ‘peace’, and analyzed

only state behaviors without delving into deeper levels of analysis. Analyzed through the

dominant perspectives of realists and liberalists, international events were merely thought of

as the results of as a ‘balance of power’, effects of a ‘zero sum game’ international trade or

other related concepts. As a result, international relations became very ‘elitist’, in the sense

that the focus of study was only the behavior and decision making process of top government

officials which were seen as representatives of states. Basically, international relations in the

past did not acknowledge that other parties outside of states can affect international relations,

and that no other issues outside of war and peace are important to international relations.

As time progresses, however, international relations started to change. Aside from the

fact that international relations started to embrace critical and constructivist theories which

stimulate people to go beyond the ordinary frame of thinking, international relations also

began to be more ‘humble’. Now, the field of international relations is not constrained to

merely high politics issues, such as security or economic issues, and has gone beyond looking

at ‘the state’ – to the people and the community at the grass root level. As time progresses,

international relations experts and practitioners have realized that international events may

also be influenced from the of ‘ordinary people’ outside of states. As an illustration, gender

and international relations studies have coined the term ‘the personal is international’ – to

illustrate how something so small can make such a big impact on the international level. As a

consequence, now international relations have also embraced sociological-anthropological

concepts which are born from close examination of individual and community behavior.

Basically, delegates of PNMHII XXV SDC should keep the above introduction of

international relations in mind. In order to fully comprehend the issues of minority rights and

formulate viable solutions to the problem, delegates of PNMHII XXV SDC must go beyond

thinking that international relations issues only involve states and can only be solved with an

elitist approach. Instead, delegates must embrace several central sociological-anthropological

concepts, such as ‘identity’ and ‘minorities’, as well as several international relations

concepts, such as ‘state’, ‘self determination’ and the likes.

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Identity and Identity Construction

What is identity? Referring to Richard Jenkins on his book called ‘The Social

Identity’, identity is human’s cognitive ability to know its own place – and others’ place – in

the world. That.14

Moreover, according to Jenkins, identity is also a process of identifying

‘who’s who and what’s what’ through social interactions.15

In other words, identity involves

an active process undergone by someone to ‘identify’ his or her position in the world, as well

as a passive form of ‘identification’ owned by people through the process of identifying.

Adding to Jenkins’ explanations, Manuel Castells, in his book called ‘The Power of Identity’,

stated that identity is constructed on the basis of cultural attributes, starting from historical

experiences, geographical conditions, collective memory, personal fantasies, religions and

many others.16

Basically, one individual can have multiple identities. On one hand, these identities

may coexist peacefully with each other and ‘emerge’ at different times depending on the

context. For example, Dina Simatupang has identities of ‘an Indonesian’ and ‘a Bataknese’.

Whenever she attends a traditional Bataknese event, sing Bataknese songs or wear kain ulos,

her identity as a Bataknese shines through. However, the case is different when she attends an

Indonesia vs. Malaysia football match. As she puts on red and white paint on her face and

sings Indonesia Raya, her identity as an Indonesian shines through. On the other hand, these

multiples identities may contradict each other, and force the owner to choose one identity

over the other.

One of the most important effects of the conception of identity is the emergence of

‘similarities’ and ‘differences’ which affect how people think, act and behave. Basically,

‘similarities’ may compel people to group together, and influence them to distance

themselves from those they see having different identities. In the long run, people will always

include those with the same identity, and exclude those with other identities. For example,

people who practice shalat and believe in the teachings of the Qoran - or ones who have an

identity of ‘a Moslem’ - will group together to form an Islamic community, and may exclude

people who do not have the same identity. In other words, similarities and differences, as well

as processes of inclusion and exclusion, may very well lead to the emergence of ‘groupings’.

In the long run, these groupings may become the source of many conflicts.

14

Richard Jenkins. Social Identity: 3rd

Edition. (New York: Routledge, 2008), p. 8 15

Ibid 16 Manuel Castells. The Power of Identity. (West Sussex: Blackwell Publishing, Ltd, 2010), p. 13

9

Identity-Related Conflicts

As mentioned before, groupings may create dissension in a particular society and

generate conflicts. First, groupings can generate conflicts when groupings lead to unequal

distribution of resources. Basically, there are instances where certain groups may abuse the

power that they have to keep all resources available for themselves, and limit other groups’

access towards those resources. As a consequence, those groups which have no power may

end up deprived of their needs. Secondly, groupings can generate conflicts when there is an

overexposure of differences among different identity groups which live together in the same

territory. As an individual may feel out of place whenever surrounded by people who are

different from them (in terms of race, ethnicity and so on), certain groups of people may feel

out of place in a territory with other groups that are different from them. Basically, these

groups may feel as though they do not belong in that particular territory, and maybe have

more in common with other people in other territories. Relating this back to the existence of

different identities, we may understand that one group’s identitas kebangsaan is stronger than

their national identity.

State and Nation

Analyzed deeper, this actually touches the issue of state and nation. Basically, ‘states’

were not formed on the basis of similarities in terms of race, ethnicity, religion and other

types of criteria. In other words, one state is not always comprised of one nation. Thus, in one

state’s territory, many different identities may exist – leading to the possibility that one

identity group may feel out of place and different than other identity groups which live in that

particular territory. For example, Indonesia is comprised of many different islands which are

filled with many different identity groups, including Javanese people, Bataknese people,

Acehnese people, Papua people and so on and so forth. In this case, the people of Papua may

feel out of place in Indonesia because they are very different – in terms of skin color, hair

type, culture and many others.

In this case, we may be tempted to re-examine the process of state-building. Be it

through the imagination of our founding fathers17

or an imperial alchemy18

, in the process of

state-building, there is always a risk that certain identity groups never gave their consent. In

17

For more information, see Benedict Anderson’s work in the book Imagined Communities: Reflections on the Origin and Spread of Nationalism. 18

For more information, see Anthony Reid’s ‘Imperial Alchemy: Nationalism and Political Identity in Southeast Asia’ (Cambridge: Cambridge University Press, 2010).

10

other words, there is always a possibility that identity groups were ‘forced’ to live together

with other identity groups under one state.

The Majority and The Minority

As mentioned before, states are a place where different identities live together.

Basically, the existence of different identity groups – even if they are ‘equal’ – can already

cause conflicts. However, we also understand that equality among different identity groups

are not always the case. Indeed, in a state, one identity group can find themselves becoming

the ‘majority’ and other identity groups can find themselves becoming the ‘minority’.

Basically, whether an identity group is a majority or minority fully depends on the context. In

one territory, a particular identity group can become the majority, and in another territory, it

can be the minority. For example, Moslem people in the United Kingdom are considered the

minority19

and Christian people considered the majority20

. On the contrary, in Indonesia,

Moslem people are considered the majority and Christian people the minority.

Usually, the term ‘minority’ usually refers to a group of people whose members are

smaller in number than other groups in a particular community or territory. However, one

should always keep in mind that number of members does not always equal the degree of

power possessed. Indeed, although a group is a ‘minority’ in terms of numbers, that group

can have more power than the majority to influence decision making processes or other

aspects of life in a particular state. At the end of the day, it all comes back to the ‘power’ that

an identity group has.

Minority Rights

Although there are instances where minorities are shown to have more power than

the majority, the majority is usually the one who has the upper hand. As stated previously,

powerful identity groups may decide to abuse the power that they have for their own self

interests. Usually, abuse of power comes in the form of excluding certain identity groups

from the privilege of accessing available resources in a state. Furthermore, powerful identity

groups may also decide to exclude certain identity groups from gaining any form of leverage

or power. In the context of statehood, this is actually a case where certain identity groups are

not acknowledged by the ruling power as ‘citizens’ – which are entitled to enjoy various

19

http://www.ons.gov.uk/ons/rel/census/2011-census/key-statistics-for-local-authorities-in-england-and-wales/rpt-religion.html (Accessed on September 10th, 2013) 20 Ibid.

11

rights, ranging from economic, social, cultural to security-related rights. For example, a lot of

minorities are often not granted the right to run for government office,21

excluded from the

opportunity to get a job and denied their rights to practice their culture, religion and

language.22

Moreover, minorities are often also victims of unjust law and regulations which

give them no protection in any kind of form.

Responding to the situation, in 1992, the United Nations finally adopted ‘the United

Nations Minorities Declaration’. Basically, the declaration affirms the need for states to

protect the existence of minorities and stated that minorities are ‘based on national or ethnic,

cultural, religious and linguistic identity’.23

Furthermore, the term ‘minority rights’ was also

coined through the declaration. Referring to the declaration, minority rights lie in all aspects

of life, which include cultural, religious, social and economic activities.24

Basically, the

declaration stresses that states which support the declaration must employ effective and

concrete measures to ensure the implementation of these minority rights. For example, states

can create an educational curriculum that promotes tolerance, promote the knowledge of

culture, history and tradition of minorities, law products that guarantee the protection of

minority rights and many other things. In other words, the declaration tried to suggest various

policies of accommodation governments can extend to minorities.

However, when we talk about minority rights, there is one particular right that still

invites a lot of controversy: the right to self-determination. In a sense, the right to self

determination may very well be one of the most controversial rights in the history of

mankind. Basically, there are several reasons which contribute to the controversy. First, there

is still a lack of clarity on the definition and scope of application of self-determination rights.

Second, acknowledgment of a right to self-determination may threaten territorial integrity and

may lead to the demise of statehood in international relations.

Self Determination: A Right for All Peoples?

Basically, the concept of ‘self determination’ was first coined during the days where

colonialism was still plaguing many parts of the world, especially those situated in Asia and

Africa. At the time, self-determination actually referred to the right of sovereign people to be

21 Andrew Reynolds, Frequently Asked Questions on the Representation of Minorities and Indigenous Peoples in Parliament, (North Carolina: University of North Carolina at Chapel Hill), 2008, p. 1 22

James A. Piazza, “Types of Minority Discrimination and Terrorism” in Conflict Management and Peace Science, vol. 29/no. 5, November 2012, page 522 (Accessed on 1 September 2013) 23

United Nations Human Rights Online, http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx, (Accessed on September 1, 2013) 24 Ibid.

12

free from colonialism – to be able to determine their own fate without the interference of

outside parties. At the time, several powerful states – which were mostly perpetrators of

colonialism – actually tried to avoid discussions of self-determination. Even the United States

of America, which was all about ‘freedom’ and ‘democracy’ also tried to avoid the discussion

as it may jeopardize the position of its allies, such as the United Kingdom, which were still

colonizing various parts of Asia and Africa. Despite of that reality, the United Nations

Charter which serves as the fundamental basis of the United Nations has listed the purpose of

respect for the principle of self-determination of peoples.25

When the wave of decolonization first struck in 1945, many Asian and African

countries became free from colonialism and were ready to become members of international

organizations and voice out their concerns about international affairs. One of their biggest

concerns was, obviously, threats of colonialism, and they made sure that the concerns were

taken into account in the making of United Nations conventions and declarations outside of

the United Nations Charter. Eventually, their efforts paid off, and the United Nations started

formulating several conventions and declarations which included parts on self-determination.

Firstly, the 1966 Covenants of the United Nations gave this principle a prominent place in

Article 1 of both, the International Covenant on Civil and Political Rights (ICCPR)26

and the

International Covenant on Economic Social and Cultural Rights (ICESCR)27

, as a right: "All

peoples have the right to self-determination. By virtue of that right they resolve to freely

determine their political status and freely pursue their economic, social and cultural

development." Secondly, the Declaration of Principles of International Law concerning

Friendly Relations and Co-Operation in 1970 further asserted that “Every State has the duty

to respect this right in accordance with the provisions of the Charter.”28

However, issues started to emerge. The Declaration on the Granting of Independence

to Colonial Countries and Peoples asserted that the right to self-determination is restricted to

colonized peoples29

, however, the Declaration on Principles of International Law

Concerning Friendly Relations and Co-Operation Among States in Accordance with the

Charter of the United Nation extended the right beyond the previously accepted context of

25 . U.N. Charter, art. 1, para. 2 26

International Covenant on Civil and Political Rights ("ICCPR"), G.A. Res. 2000, 21 U.N. GAOR, Supp. No. 16, at 52, U.N. Doc. A/6316, art. 1, para. 1 (1966), reprinted in 6 I.L.M. 360, 369 (1967). 27

Ibid. 28

Declaration on the Granting of Independence to Colonial Countries and Peoples 29

Frances Raday. “Self Determination and Minority Rights” in Fordham International Law Journal, Vol 26, Issue 3, Article 1 (2002)

13

decolonization, defining it as the right of all peoples.30

Furthermore, the 1993 Vienna

Declaration even reinforced this right as a human right: "The World Conference on Human

Rights considers the denial of the right of self-determination as a violation of human rights

and underlines the importance of the effective realization of this right.”31

In conclusion, the

limitations and scope of application of the right to self-determination was heavily disputed

among the United Nations itself. Basically, this fact is further reaffirmed with the opinion on

Vernon Van Dyke, an expert on self-determination and minority rights:

“The Charter of the United Nations speaks of the principle of self-determination, but gives

the principle little emphasis. It does not suggest that self-determination is among the human

right (…). The Universal Declaration of Human Rights says nothing about either subject.

Nevertheless, self-determination has become one of the emotion-laden slogans in the field of

human rights (…). The idea of minority rights is not equally favored. In fact, most of the

champions of self-determination would be happiest if the question of minority rights never

came up; but implicitly they raise it themselves, for self-determination applies potentially to

minorities as well as others.”32

Despite its status as a legal right, neither the conditions of eligibility, nor the content

of the right to self-determination, are established.33

As a result, the international community

is only ‘in agreement’ on the existence of self-determination right, but never in consensus

when it comes to defining and applying it. Who indeed has the right to self-determination,

and what does this grant a people?

Who are the people? The phrase ‘all peoples' -instead of ‘everyone'- which is

attached to the right to self-determination indicates that the right to self-determination is a

collective right; that is, only a ‘people', not an individual, can exercise the right.34

The right is

also never associated with states, but with “peoples,” which can theoretically compose a

portion of a state or even be present across the borders of multiple states.35

Thus it is naturally

hard to argue for a narrow definition of a nation or people. The question gets all the more

difficult when it involves more than one group of people claiming for legitimacy. Which

30 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625, U.N. GAOR, 25th Sess., StIpp. No. 18, at 124-25, U.N. Doc. A/8082 (1970) 31 World Conference on Human Rights, Vienna Declaration and Program of Action, U.N. Doc. A/CONF. 157/23, art. 2 (1993). 32

Op. cit., HNMUN 2013 SOCHUM Study Guide., p. 5 33

Frances Raday. “Self Determination and Minority Rights” in Fordham International Law Journal, Vol 26, Issue 3, Article 1 (2002) 34

Minority Rights Group International 35 Op. cit., HNMUN 2013 SOCHUM Study Guide., p. 5

14

groups are relevant? Who are entitled to call on the principle of self-determination? Who

decides who “the people” are? What are the implications—both legal and ethical—of

recognizing one group over another?

What does the right of self determination grant people? Since the right itself is defined

too vaguely, the scope in which it can be applied is also debatable. If applied in intra-state

basis, it could arguably be used to legitimize the cause of minorities seeking separate states.

The manner in which the principle of self-determination is delineated is different

depending on whether we are dealing with a case of decolonization or a case of secession.36

In case of decolonization, the right to self determination could readily be applied once the

colonial population was recognized as “the people” right refers.37

The difficulty may arise

from choosing which people to be recognized. In most cases of the mid to late 20th century,

the United Nations typically officially recognized stronger parties with greater popular

support. However, it is not that easy with the secessionist cases. Historically, the observable

rule is that “states want to preserve their territorial integrity, and exceptions to that rule are

very rare.”38

There is very few example of groups succeeded in obtaining international

support. Thus, many have argued that the right can only be applied in colonial situations.39

Actual Cases

It is intriguing to know that minority-related conflicts know no borders and boundaries. It

can be experienced by a wide range of sovereign states, starting from the most developed to

those that are still developing. Even worse, these minority-related conflicts happen in several

states that are known to be promoters of justice, equality and human rights values. On this

occasion, we shall examine several minority-related conflicts countries in 3 (three) different

continents which are also very different in terms of social, political and cultural backgrounds:

Europe, Africa and Asia.

1. Europe

The Scotland Experience

Since the old days, the United Kingdom has already been facing appeals for segregation

from the people of Scotland. Motored by Scottish National Party (SNP), which is led by

Scottish First Minister Alex Salmond, appeals for segregation have been voiced out to secure

36

Ibid. 37

Ibid. 38

Op. cit., HNMUN 2013 SOCHUM Study Guide., p. 10 39 Ibid.

15

Scotland’s sovereignty.40

In other words, the SNP wants full separation from the United

Kingdom, the right to to manage themselves without interference and the right for Scotland to

voice her own opinion in international forums.41

With sovereignty, the SNP believes that

Scotland will be able to be wealthier, healthier, smarter and greener.

After years of struggle, the government of United Kingdom has given in to demands

for Scottish independence. In 2014, as agreed to by British Prime Minister, David Cameron,

and Scottish Prime Minister, Alex Salmond, a referendum for Scottish independency will be

held.42

It remains to be seen whether the referendum will be executed – and what

consequences it will bring for the people of Scotland and the United Kingdom.

Picture 3. Agreement for Scotland Referendum

Source: www.theguardian.com

2. Africa

Almost every country in Africa is dealing with separatism. Reasons behind most of the

cases in Africa are the discrimination as well as a demand for autonomy. These separatist

movements often contain violence, which cost deep casualties. This is occurring in Sudan

with Darfur and Eastern Sudan, Libya with Benghazi, Democratic Republic of Congo with

Kivu, Mali with Azawad, Somalia with Puntland, and others.

South Sudan: After Taste of the Referendum

40

http://www.bbc.co.uk/news/uk-scotland-scotland-politics-19946156 41

http://www.telegraph.co.uk/news/politics/10244785/Scotland-is-forecast-to-vote-no.-What-happens-next.html (Accessed on September 5th, 2013) 42 Ibid.

16

In South Sudan, the problems with self-determination bring wider dimension for

intertwining with the scope of minority protection even in the new settled sovereign state they

now acquiring. The conflict resolution outcome for providing the South Sudan independence

in the form of a new state does not give an exit entry for the clashes to yet end. The clashes

still continue and even transforming for being conducted by both armies on their borders.

Besides, in the domestic blackbox the problems have even broader landscape in accordance

to the fragmentation occuring on the state. The newly referendum has brought in the

fragmentation of majority supporters and minority oppositions. The tendency occurs on the

case is that the minority oppositions can be the most vulnerable targets of violence and

intimidation from the majority supporters.

Picture 4. Aspirations for Secession in South Sudan

Source : newhistories.group.shef.ac.u (Accessed on September 4th

, 2013)

This particular case has then showed another spectrum of complexity for dealing with the

separatist and minority protection in the so called post-conflict resolution. To merely give

away the status of independence or establishing the new territory by the referendum in fact

does not necessarily diminish the intensity of the conflict.

3. Asia

China: Ethnic War

Immense wauls for the right of self-determination are also heard from different states in

Asia. In March 2013, China has sentenced 20 people accused of militant separatism in a

17

restive area where members of the Uighur ethnic minority bridle at Chinese rule on their

Islamic beliefs.43

Picture 5. A Chinese Uighur Crying due to Cruel Treatment from Chinese Authorities

Source: www.rferl.org (Accessed on September 4th

, 2013)

They were being accused for “seduced by ideas of religious extremism and terrorist

violence” and “used the Internet, mobile phones and digital storage devices to organize, lead

and participate in terror organizations, provoke incidents, and incite separatism,”44

while as

we know, China is one of countries which put a great concern upon their media usage,

especially internet in regards for national security. All in all, China has always been standing

up for Taiwan.

Racial discrimination, identity conflict, and economical disparity, which is shaping

the perception of minority, has become the key marks for the root of the growing separatism

discourse in Asia. The minority perception, leading into separatist movements in this region

even involve violence, which is done by both government and separatist militias. Many of the

43

http://topics.nytimes.com/top/reference/timestopics/subjects/u/uighurs_chinese_ethnic_group/index.html (Accessed on September 1st, 2013) 44

The New York Times Online, China Convicts and Sentences 20 Accused of Militant Separatism in Restive Region, 27 March 2013, http://www.nytimes.com/2013/03/28/world/asia/china-sentences-20-for-separatists-acts-in-restive-region.html?_r=0, accesed on 1 September 2013, 14.09

18

notable cases for this movements happen in Assam, India; South Thailand; also Aceh and

Papua, Indonesia.

Attacks by the separatist movement in Thailand claimed nearly 1900 lives as the

casualties, with more than 20 bombings targeted for school buildings, police posts, and army

barracks.45

In the Southern Thailand the conflict between the insurgents and the Thai

goverment happen in Yala, Narathiwat, and Pattani, forming independent entity called the

Pattani Kingdom. The conflict was began by the initiation of forced assimilation policy for

the Malay-Muslims for turning their identity become the Thai-Muslims. The sentiment to

undertake the Malay-Muslims separatist movement is fueled by the feelings of politically

being marginalized and a threat perception for the existence of their ethnic, cultural, and

religious identity under the predominantly Budhist Thai goverment.46

Indonesia: Aceh and Papua’s Cry for Independence

In the other part of the case, Indonesia is one of the state facing serious threat of

separatism in Aceh and newly in Papua as the imagined minority groups. The emergence of

the movements have been influenced mostly because of the distinct cultural-religious identity

from the majority groups, followed by the disparity between the central goverment and the

local goverment. By the 1970, discontent arose over the flow of wealth from Aceh to the

central goverment for the upwards of 80-90% of its natural resources. 47

Historical record also

take part in fueling the sentiment of separatist movements because of the repressive military

action in the past during the New Order era, followed with the precedent of East Timor

referendum for independence.48

The Aceh separatist movement have been growing with popular support in the local

community followed with the strategic resource of 4000 insurgents for military force.49

It

appears for having successful movement beyond military strategic approach by having

substansial support over 500.000 people in pro-independence demonstations in 1999.50

It is

even transforming into a potentially functioning state by possessing political organizations

throughout Aceh and performing the tax collections.

45 Ian Storey, “Ethnic Separatism in Southern Thailand: Kingdom Fraying at the Edge” in Asia-Pacific Center for Security Studies, (March, 2007), pp. 2. 46

Loc. Cit. 47

Larry Niksch, “Separatist Movement in Aceh”, in CRS Report for Congress, (September, 2002), pp. 3 48

Ibid, pp. 1. 49

Loc. Cit. 50 Loc. Cit.

19

In the other hand, the threat of separatist movement in Papua has now become one of

the Indonesian internal pivot to the region. The separatist movement in Papua, Bintang

Kejora and OPM, possessing strategic military resource by having approximately 1129

militias and political organizations endorsed by 16.867 people involving on it.51

The Papuan

separatist movement by its political groups have been doing functional operations for

propaganda and political diplomacy spread through Papua and outside Papua. However with

the growing situation, since the fall of the Soeharto regime in May 1998, opposition to

Jakarta’s rule has moved from the sporadic attacks of the OPM, to an elite-led movement to

assert Papua’s legal rights to autonomy or full independence.

In the case of separatist groups in Indonesia, external support has been sought on both

the regional and international levels. The internationalization of ethnic conflict yielding new

sources of sympathy even material resources.

Pacific Island countries have been the main targets for diplomacy to obtain the

support. Among South Pacific countries, Vanuatu is one of the Pacific country openly and

consistently supporting the Papuan claim.52

The support has been displayed since Vanuatu

became independent in 1980. The first Vanuatu Prime Minister, Walter Lini, invited Rex

Rumakiek, an OPM activist to open an information office in Port Vila that enabled him to

spread OPM propaganda. Also, Vanuatu brought the Papuan case to the Commonwealth

Heads of Government Regional Meeting and at the South Pacific Forum. Vanuatu’s steady

support for Papua has led diplomatic tension between Jakarta and Port Villa.

Apart of that, the relation between Jakarta and Port Moresby has also been

problematic as far as Papua problems are concerned. As a result of geographical proximity,

Papua New Guinea has been used as the strategic basis for OPM guerrillas and Papua New

Guinea has been the first country felt affected by Papua separatist movement, for instance, by

refugees flowing into Papua New Guinea areas, which has created diplomatic tensions

between Indonesia and Papua New Guinea. Papua New Guinea government has often been

placed in a difficult position between humanitarian reasons, by helping the border crossers.

51

Baiq Wardhani, “External Support for Liberation Movement in Aceh and Papua”, in 15th Biennial Conference of the Asian Studies Association of Australia, (2004), pp. 9 52 Ibid.

20

Picture 6. Free Papua Movement

Source: Various Sources

21

BLOC POSITIONS

Bloc positions related to the rights of minority are not definite because of the distinct

demographic condition and its spectrum of complexity on each state. In states with prominent

minority groups, provisions to protect minorities are usually more common. It is the extent of

these policies that can form the basis of different bloc positions.

On the literature guidance for managing the multiculturalism, two alternative

solutions can become the consideration for taking the particular bloc position. First is the

"hard" multiculturalism in which a community may legally and socially enforce its own

mores and traditions to demand the conformity of all individuals, both from the dominant

culture and minorities alike. While the other is a "soft" multiculturalism, where every

individual can choose to live in whatever way they wish without discrimination from society.

The effective outcome of those two policies depends on the basic demographic fragmentation

of identity, and most importantly determined by the quality of cohesion among the social

groups reflected in the particular country. The problem of managing multiculturalism is the

problem of considering “toleration to the intolerants”.

QUESTIONS a RESOLUTION MUST ANSWER

(QARMAs)

1. Should the concept of ‘state’ as a form of legitimate governance and territorial

integrity be defended when it potentially threatens the welfare of minorities?

2. What types of minority rights should be recognized, acknowledged and protected by

governments and the international community as a whole? Should self determination

be included as a right for minorities?

3. What policies of accommodation should governments extend to minorities? Should it

be up to governments to determine the suitable policies of accommodation?

4. Should governments be allowed to show support for minorities seeking to separate

themselves from the state under which they have been living?

5. How can the international community play a role in protecting minority rights which

live under the territories of sovereign states?

22

Guidelines on Position Paper

As in any other ordinary Model United Nations (MUN), delegates of PNMHII XXV

SDC are required to write a position paper. Basically, position paper is one of the key

elements to ensure the success of a Model United Nations Conference as it enables delegates

to really comprehend their assigned country’s stance and for the board of judges to determine

the recipient of the ‘Best Delegate’ award.

Generally, there are no strict guidelines on how to write position papers. However,

position papers must always contain delegates’ identification of problems that may be

debated during the conference, assigned country stance regarding the problems and proposed

solutions for the problems. In addition to that, at the top part of their position paper, delegates

must also write the name of country that is being represented, name of council and topic area.

Country logo or symbol may also be added to enhance the authenticity of the position paper.

On a more technical note, position papers of PNMHII XXV SDC must not be

shorter than 1 (one) page and not be longer than 2 (two) pages. Then, the font used must be

Times New Roman, sized 12 and max 1.5.spaced. Delegates must hand in their position paper

via email to ginengpps@gmail.com no later than November 1st, 2013. Exact dates and

deadlines can be seen in the PNMHII XXV website. Should there be any questions, please do

not hesitate to contact the director and or assistant directors through the above mentioned

email.

23

BIBLIOGRAPHY

Websites

http://www.bbc.co.uk/news/uk-scotland-scotland-politics-23532290,

http://en.avaaz.org/966/europe-austerity-scotland-independence-catalonia-flanders-separatist

gimun.org/about-general-assembly-third-committee-sochum (Accessed on September 1st,

2013)

http://www.telegraph.co.uk/news/politics/10244785/Scotland-is-forecast-to-vote-no.-What-

happens-next.html

http://www.montessori-mun.org/files/FileUpload/files/2012-

BackgroundGuides/SOCHUM_HW-FORMAT_BG.pdf

http://www.nytimes.com/2013/03/28/world/asia/china-sentences-20-for-separatists-acts-in-

restive-region.html?_r=0,

www.un.org

http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx,

Journals

Piazza, James A. 2012. “Types of Minority Discrimination and Terrorism” in Conflict

Management and Peace Science, vol. 29/no. 5.

Wardhani, Baiq. 2004. “External Support for Liberation Movement in Aceh and Papua”, in

15th Biennial Conference of the Asian Studies Association of Australia

Storey, Ian. 2007. “Ethnic Separatism in Southern Thailand: Kingdom Fraying at the Edge”

in Asia-Pacific Center for Security Studies

Niksch, Larry. 2002. “Separatist Movement in Aceh”, in CRS Report for Congress

Raday, Frances. “Self Determination and Minority Rights” in Fordham International Law

Journal, Vol 26, Issue 3, Article 1 (2002)

Books

Castells, Manuel. 2010. The Power of Identity. (West Sussex: Blackwell Publishing, Ltd.)

Jenkins, Richard. 2008. Social Identity: 3rd

Edition. (New York: Routledge)

Reynolds, Andrew. 2008. Frequently Asked Questions on the Representation of Minorities

and Indigenous Peoples in Parliament, (North Carolina: University of North Carolina at

Chapel Hill)

Other Sources

24

The 2013 Harvard National Model United Nations (HNMUN) Social, Cultural and

Humanitarian

Affairs (SOCHUM) Committee Study Guide

International Covenant on Civil and Political Rights ("ICCPR"), G.A. Res. 2000, 21 U.N.

GAOR, Supp. No. 16, at 52, U.N. Doc. A/6316, art. 1, para. 1 (1966), reprinted in 6

I.L.M. 360, 369 (1967).

Declaration on the Granting of Independence to Colonial Countries and Peoples

Declaration on Principles of International Law Concerning Friendly Relations and

Cooperation

Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625,

U.N. GAOR, 25th Sess., StIpp. No. 18, at 124-25, U.N. Doc. A/8082 (1970)

World Conference on Human Rights, Vienna Declaration and Program of Action, U.N. Doc.

A/CONF. 157/23, art. 2 (1993).