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Santa María Model United Nations 2022 | SOCHUM

Table of Contents

Letter from the Secretary General ………………………………...…………………………………………… 3

Letter from the Director …………………………………...…………………………………...………………... 4

History of the Committee ……..…………………………………………………….……………………...……. 6

History of the Topic …..…………………………………………………………………………………………….. 6

Statement of the Issue …………………………………………………………………….…..…………………… 9

Past International Actions ….…………………………………….……………………………………………… 11

Current Situation ……………………………………………………………………………………………………. 13

Possible Solutions ……………………………………………………………………………………………………17

QARMAs ……………………………………………………………………………………………………………..….18

Position Paper Requirements ……………………………………….…………………………………….…… 18

Bibliography ………………………………………………………………………………………………………......19

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Letter From the Secretary General

Dear Delegates and Faculty Advisors,

On behalf of the secretariat, it is an honor to welcome every single one of you to the Seventh Edition of
Santa Maria Model United Nations.

My name is Matias Paulette and I’m the Secretary-General for this year’s rendition of SMMUN. It is
my last year in Santa Maria and being in this position is something that I would have never imagined.
Looking back to who I used to be, being here is something that I am proud of, and grateful for
everyone who helped me. MUN has really allowed me to grow and I found a place here where I belong.

My MUN journey started in 2019 when I did not know what I was doing and was completely lost. At
first, I did not expect MUN to change me the way it did, I always thought of it as a hobby more like a
true competition, but I was completely wrong. In my first MUN, which was Altair MUN in 2019, I got
out bitter because of my competitiveness but got a taste of the dynamic environment of MUN. From
then on I knew I had to push myself if I wanted to succeed.

Through time, MUN started being more of an activity that helped me grow and less of an obligation. I
am forever grateful for what MUN brought me, for all the people I met, and for all that I’ve learned
throughout my time here. And this is something I want all of you to know, MUN is not a common
debate, it is not a competition where everyone is your enemy, MUN is an experience to meet new
people, learn new things, develop, and be better. Don’t feel like you are alone, don’t feel like you are
the only one here as you will always have someone with you here.

I would like to end this by saying that this is an opportunity that I did not expect but that I am excited
about and hope all of you are too. This 7th Edition will be face-to-face, so I hope everyone has an
amazing time in our long awaited return.

Sincerely,

Matías Paulette
Secretary General of Santa María Model United Nations 2022

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Letter from the Directors:

Dear Delegates,

It is my pleasure to welcome you to the seventh edition of Santa Maria Model United Nations! My
name is Camila Neyra and I'm thrilled to be your director in this Social, Humanitarian, and Cultural
Committee.

To tell you a little bit more about myself, I am 19 years old and I am currently studying Law at
Universidad de Lima. I started my MUN journey in 2018 and I'm grateful for having several successful
national and international, as well as school and college experiences. When I am not in a MUN
context, you can find me organizing my week, summarizing lectures of procedural law in Notion and
looking at co-star every day while watching a gossip girl episode.

I am really passionate about this problem, because one of my favorite MUN experiences was with one
similar topic, focused on the political and territorial side of the discussion rather than the
humanitarian one. Although this focus will be different, I still expect delegates to be very content-wise
in order to propose viable solutions, staying on policy and bringing the technical approach in the very
important humanitarian catastrophe, having the best of both worlds.

Regarding debate, as a director I value how each delegate can develop and portray themselves, having
very clear ideas that move the debate forward with logical argumentation. Negotiations in this
SOCHUM should not be only centered as a unification of the willingness to improve the humanitarian
problems that we account for, due to the lack of reality this implies in real life, remember to keep the
context in mind and be very strategic when moving in committee.

I hope you get to love this experience as all of we do, if you have any doubts don't hesitate to ask me!

See you soon!

Camila Neyra Bozzo


SOCHUM Committee Director

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Letter from the Directors:

My name is Vasco Soldevilla and I would like to warmly welcome you to SMMUN 2022! I am 20 years
old, I’m currently studying Law at the Universidad de Lima, and I am very happy to be able to lead
this committee together with Cami! My career at MUN started in 2017 and I've loved it ever since. It
fills me with pride to see so many delegates debating with the passion and determination with which I
debated in high school.

In my free time I usually play golf, learn about vegan diets (yes, I’m vegan) and meet my friends to
play League of Legends! I like to talk about astrology (my big three is: Aquarius Sun, Leo Moon, and
Gemini Rising), and MUN, which I have not left despite starting university. I am particularly
characterized by loving the General Assembly, so Cami (who has a particular love for this issue) and I
are excited to lead this committee.

As a director, I would be very interested to see realistic and applicable solutions. I would like to see all
QARMAs discussed effectively and demonstrate knowledge in the areas in which we encourage you to
continue researching. There is nothing better than a good leader and negotiator, who knows how to
present their ideas while representing the people who believe in them.

I am sure that both you and the Committee will learn a lot from debating face-to-face again, and be
assured that we will be there to help you at every stage of the process! It is not only a challenge for
you, but also for us, as Chairs, to make this comeback to the good old fashioned MUN style. However,
I can bet that we will help each other in this conference and that we will make this an unforgettable
experience.

Best of luck to y’all!

Vasco Soldevi a Orihuela


SOCHUM Committee Director

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History of the Committee

The Social, Humanitarian and Cultural Committee (SOCHUM) is the third


committee of the United Nations General Assembly, it was established in 1945
and it involves all of the 193 Member States. Its intention is to propose global
and viable solutions to social and humanitarian affairs, as well as human
rights issues that affect the world population.

An important part of the work of the Committee will focus on the examination of human rights
questions, including reports of the special procedures of the Human Rights Council which was
established in 2006. SOCHUM finds it fundamental to discuss 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
self-determination.

The Committee also addresses topics that include considering and making recommendations on
cooperation in the maintenance of international peace and security, initiating studies and
commissions to promote international political cooperation, the development and codification of
international law, the realization of human rights and fundamental freedoms for all, and international
collaboration in economic, social, cultural, educational and health fields. In this session of SMMUN,
we will deal with Evaluating Potential Human Rights Infringements by Technological Development.

As one of the main committees of the General Assembly, all the United Nations Member States can
and should participate in the debates of SOCHUM, being that said, it is fundamental that all states are
able to share their points of view and find global solutions in order to solve these major problematics.

History of the Topic

Through the late XIX and early XX century the world had undergone a renaissance of colonialism with
the Scramble for Africa in 1885 and European expansion towards Asia and Oceania, which established
spheres of influence in China, partitioned Middle Eastern territories between European powers, and
saw a takeover of India and most of Southeast Asia.

It is now news for anybody to say that colonization was often done through violent means and that
these territories weren’t treated with much regard. This, unfortunately, continues to be the truth for
many non-sovereign territories in modern times.

After all, human rights violations do not always happen in small war torn nations and are sometimes
organized, planed and executed by world powers with the most infamous of these being the holocaust

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but many more examples existing such as the internment camps used by the brittish during the Boer
wars or the american concentration camps for japanese people during WW2.

When acknowledging the labor that the United Nations has done in relation to the issue, it is
important to understand their involvement. Following World War II, between 1945 to 1960 especially,
demands for independence came from across the globe in a wave as colonies demanded independent
sovereignty across Africa and the South Asian subcontinent. The rise in claims for independence came
in conjunction, timing wise, with the
weakening European imperial states
following the costs of rebuilding
wealth and capital following WWII
and a strong anti-colonial sentiment
from the United States and Soviet
Union. In this international context,
the United Nations conceived the list
of nonself-governing territories in
1946 as part of the UN’s effort to
eradicate colonialism and provide a system of tracking where colonies remained in the world. Since
then, over 100 former non-self-governing territories have successfully been a part of the
decolonization project and achieved sovereignty by a variety of means. Roughly 70% of former
nonself-governing territories received a change in independence status by establishing their own
sovereignty. The earliest example of which is the former Indo-China colony out of which came the
independent states of Cambodia and Vietnam in 1948 and Laos People’s Democratic Republic in 1949.
The most recent example is the former Indonesian province of East Timor, which established its
independence as Timor-Leste in 2002. The UN definition for what constitutes a process of
establishing independence remains vague, with the greatest level of specificity being described below
in regard to the Declaration on the Granting of Independence to Colonial Countries and People. The
other former territories achieved a change in status by either joining an already independent State or
by a change in status with their Administering Power. Former nonself-governing territories that
joined other States each followed a unique process and colonies commonly divided themselves
amongst different States. An example of this is the Trust Territory of Cameroons under the British
administration.

In 1961, the Northern part of this colony joined Nigeria while the Southern part joined Cameroon
following a public vote, a plebiscite. However, not all examples of territories joining States are positive
ones. The former colony of Netherlands New Guinea joined Indonesia in 1963 and was renamed Irian
Jaya. However, there remains a movement to establish Irian Jaya as its own sovereign state under the
name West Papua, demonstrating that this territory wanted but was unable to establish itself as an
independent state and remains a contested territorial zone. Other territories received a change in
status and joined existing states either in free association or as states. Examples include both Alaska

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and Hawaii, which became states in the United States, and the former Trust Territory of the Pacific
Islands, which became the Federated States of Micronesia, the Marshall Islands, Northern Mariana
Islands, and Palau, all fully self-governing in free association with the United States. Other examples
include Hong Kong and Macau, which were former British and Portuguese colonies respectively. Both
received a change in status as they joined China under the “one country, two systems” policy that
granted a high degree of autonomy for the regions but established their position as part of China. But
of the remaining 17 non-self-governing territories, 16 have been on the UN list of non-self-governing
territories in some form since its inception in 1946. For its part the UN has taken resolution-based
action and created international decolonization campaigns.

Through the Declaration on the Granting of Independence to Colonial Countries and Peoples General
Assembly resolution 1514 (XV) passed in 1960, the United Nations attempted to more explicitly define
what constitutes independence and what should not act as a barrier to attempts to establish
independence. In its definition, the UN emphasizes that immediate steps are necessary to transfer
power and control over the territories to the peoples of the nation and that the process of establishing
peace should remain peaceful. As such, armed action is ordered to cease. A lack of political,
educational, economic, or social preparedness is also explicitly noted as not a reason to delay a current
Non-Self-Governing Territory from establishing independence.

The list of non-self-governing territories falls under the purview of the Special Committee on
Decolonization (C-24). Its mandate states that it is to examine the implementation of the Declaration
on the Granting of Independence to Colonial Countries and Peoples and provide recommendations in
response to this Declaration’s progress. As such, C-24 will also send missions to non-self-governing
territories, and both consolidate and present information during GA and SPECPOL committee
sessions. The UN has also run three consecutive International Decades for the Eradication of
Colonialism from 1990-2000, 2001-2010, and 2011-2020. The first decade was launched to mark the
30th anniversary of the Declaration on the Granting of Independence to Colonial Countries and
People. The continued renewal of decades promoting the eradication of colonialism is adopted to
accelerate the implementation of the 1960 Declaration on Decolonization.

Furthermore, during the interwar period, the League of Nations System of Minority Guarantees was
established in the hopes of safeguarding the transition to statehood of Europe's new and trans-formed
nations. The signing of minority rights accords was required for diplomatic recognition of new
governments under this arrangement. As a result of these treaties, minorities may now immediately
appeal to the League of Nations General Assembly. The expectation was that the increased monitoring
from League of Nations members, as well as the threat of intervention if minority rights were violated,
would be sufficient incentives for new nations to preserve minority rights. However, there is a contrast
to be made here between a right and a guarantee; whereas a right is normative and basic, a guarantee
does not have the same weight or permanence. As a result, the concept of "minority assurances"
alludes to the fleeting nature of such status. "Once self-determination [was] attained," the European

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powers reasoned, "minority status [could] no longer be deemed to apply, and any special
arrangements flowing from such status [may] be reason-ably ended." After all, the main goal of such
assurances was to integrate different groups into each state's wider political community. The concept
of transitional rights—which cease to exist once their mandate has been "fulfilled" or, to put it another
way, have "an expiration date"—is an important issue related to the scope problem.

Statement of the Issue

The concept of self determination is key in this problem since this limits to what extent can the
international community help the foreign population. When discussing self-determination, it is
important to distinguish between the concept of the state and the concept of a nation. Despite the fact
that these names are frequently used interchangeably, they have significantly distinct connotations.
The authoritative meaning of the term "nation" is difficult to come by. On one hand, it can refer to a
people associated with a territory or state, irrespective of ethnic identity; on the other, a nation can
refer to “a large body of people united by common descent, history, culture, or language, inhabiting a
particular state or territory.”

The national self-determination debate revolves around the problem of defining the concept of
"nation"; what qualities of a nation make self-determination required for each individual nationality?
Is there sufficient justification for autonomy or independence based on cultural distinctions between
groups? Nationalism relates to “the state of mind which inspires people to assert that the national
state is the ideal and the only legitimate form of political organization.” It is the movement seeking to
link one nation to one state. Few people today believe that every country needs its own state - the
concept of a world of nation states is arguably "obsolete" – but many associated concerns, such as
ethnic nationalism, religious nationalism, and territorial integrity, are hotly debated.

Further complicating action is the legalese of defining a people’s right to self-determination in


contrast to territories and in communicative engagement with state governments. Self-determination
is 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. Thus, if the doctrine of self-determination is
applied on an intra-state basis, it could arguably be used to legitimize the cause of minorities seeking
separate states, such as the Palestinians as a “people” within Israel or the Basque nationalists of Spain.
Whether these groups are truly the “peoples” to which self-determination should be applied is
debated. Additionally, group vs. individual rights is an important distinction to keep in mind about
state-building and self-determination. While an individual right is held by an individual without
consideration of whether he is or is not a member of a group, a group right “is a right held by a group
as a group rather than by its members severally.” The right to self-determination, though usually
deemed a group right, does have important ramifications for individuals if it is not upheld.

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The right to self-determination is used in a remarkable variety of modern contexts, given the large
number of organizations declaring themselves nations. "If every ethnic, religious, or linguistic
minority claimed statehood," former UN Secretary General Boutros Boutros-Ghali said, "there would
be no limit to fragmentation, and peace, security, and economic well-being would become even more
difficult to attain." On the other hand, while all states have some degree of variety, minorities can
become vulnerable if they are disregarded or unacknowledged. "Historians have repeatedly proved
that if homogeneity is recognized as the optimum
basis for political organization, minority group
members' individual liberty is jeopardized." The
"problem of minorities," which continues to
define contemporary politics, only becomes clear
when viewed through the lens of
self-determination; it "emerges as a lack of
consent or entitlement to full participation in
political life such that the principle of
self-determination is compromised in some
way," as Jennifer Jackson Preece puts it. Because they are not fully integrated and do not hold a
position of authority within their political community, minorities are regarded as "imperfectly" or
"incompletely" self-determined; this is why they require minority rights.

The Committee is tasked with dealing with the issue of Minority Rights and Self-Determination. The
resolutions that this committee will debate, while not legally enforceable, are held in high regard since
they reflect complete answers to today's challenges that have been agreed upon by the worldwide
community.

There are currently 17 non-self-governing territories, all of which are essentially modern-day colonies.
Despite the fact that some of these non-self-governing territories have been on the list of
non-self-governing territories since the list's establishment, little has been done to help them achieve
statehood and cultural preservation. The United Nations has established the function of
Administering Power in representing non-self-governing territories, in which a State assumes
responsibility for the administrations and governments of a non-self-governing territory.

In an attempt to define independence, the General Assembly Resolution 1541 (XV) determined that a
non-self-governing territory achieves self-government, or independence, by exhibiting three qualities.
To begin, the region must establish itself as an independent state within the international community,
which means it must act as such. Second, the territory must be free to form alliances with other
independent states. This means that residents of the region must have the freedom to interact with an
independent state while maintaining democratic governance and processes. This is a clear reference to
the connection between non-self-governing regions and the Administering Power. Finally, the land

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must become part of a sovereign state. When a territory is integrated, it effectively becomes a part of
another state.

The UN basically stated that in order for a non-self-governing territory to become a state, it must
either become an independent state, virtually exist as a territory under another nation, or become a
part of another nation by this resolution. Beyond providing clear definitions of how a
non-self-governing territory can become an independent state, the UN has not addressed how a
territory can take concrete actions to become a state. However, in practice what is key to determine a
territory as a state is the recognition of the international community.

Past International Actions

1.- Decolonization

As mentioned before, the original problem of human rights violations begins with colonies. As such,
many of the initial actions taken by the UN to try to avert this problem involved finding a way to
transition from being a colony to an independent territory. Two main actions were taken at first, the
creation of the Special Committee on the Situation with regard to the Implementation of the
Declaration on the Granting of Independence to Colonial Countries and Peoples and the
implementation of Chapter XI of the UN Charter

a) Special committee for Decolonization

The Special Committee on the


Situation with regard to the
Implementation of the Declaration on
the Granting of Independence to
Colonial Countries and Peoples, or
simply the Special Committee for
Decolonization, was established in 1961
as the organ of the UN dedicated to
solving the issue of decolonization.
The Special Committee is responsible,
for example, for having approved the preliminary list of countries to whom the Declaration of
Granting Independence was applicable. Another one of their tasks involve processing the
reports presented by the Administering Powers as mandated by Article 73e of the UN charter.
These reports are processed and then sent to the Secretary General.

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This committee is still present until today and has an agenda represented by an anula cycle.
During the year, the committee focuses on organizing seminars and sessions to gather with
the non-self governing territories to try to promote decolonization and independence from
their administering states, as well as passing on reports

b) Chapter XI of the UN Charter

The issue of non-self-governing territories has been in the international agenda for some time.
This is evident in that since the establishment of the United Nations itself, there have been
declarations on the issue. This makes sense in the context of the era in which the UN was
born, the 1940s, in a world plagued with European colonialism which the UN pushed to get
rid of.

Of particular interest then, is Chapter XI of the aforementioned UN Charter, which extends


itself on the status quo of the issue at the time and offers an official UN definition of what a
non-self-governing territory is, being a “territory whose peoples have not yet attained a full
measure of self government.” Throughout the chapter, the UN emphasizes on the rights of the
people in these territories and advocates for the regard of the culture, society, politics,
economy, and, in broader terms, the interests of these populations.

In late 1964, the general assembly passed a resolution to formulate a list of 72 countries who
would apply to this chapter of the UN Charter. In it, this chapter contains the guidelines for
countries who are in charge of territories, also known as administering powers, take into
consideration when taking decisions within their designated territory.The rules within this
chapter focus on ensuring that the non-self governing territory can freely develop along its
own path and eventually become an independent nation.

2.- Trusteeship Council

Established along the UN Charter all the way back in


1945, the International Trusteeship System and Trustee
Council came to be as a means of administering the
trust territories established by the mentioned Article
XI, intending for them to bolster their development and
providing the logistical assistance for eventual
self-governance, as well as advocating for human rights
and the keeping of proper conditions on these
territories. 11 territories were originally appointed to

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the System and the Council convened to examine reports and progress made on the political, social,
economical, and educational levels, occasionally taking on special missions to the Trust Territories.

The goals of the Trustee System and Council were accomplished by 1994. By then all 11 territories had
become independent states or had joined other independent states. After the independence of Palau,
the Committee’s agenda had been completed and as such suspended action, transitioning from
meeting every year to meeting only when of particular necessity.

3.- Universal Realization of the Right of Peoples to Self-Determination

Also known as Resolution 71/183 from SOCHUM, establishes an important precedent beneficial to the
development of the right of self-determination. It recognizes the necessity of this right when treating
cases of colonialism which are current issues on the topic. At the same time, it calls upon states to
oppose any type of intervention, aggression and occupation since they not only constitute a violation
towards territorial integrity and state sovereignty, but also trespasses the right of self-determination
communities may possess. It finally calls special attention to the rising problem migration faces in
cases where foreign intervention may affect the development of a non-self-governing territory.

It is important to state that Resolution 71/183 also called upon the Human Rights Council to maintain
awareness on the topic, especially on violations towards the human right of self-determination. Given
the relevance that the HRC has taken on the protection of this right, delegates should consider its
usefulness when trying to solve the problem.

Current Situation

As of the current year, the UN list for Non-Self Governing Territories contains 17 items. These are:
Bermuda, Gibraltar, Turks and Caicos Islands, the British Virgin Islands, Anguilla, Montserrat,
Western Sahara, Cayman Islands, US Virgin Islands, Pitcairn, French Polynesia, Saint Helena, the
Falkland Islands, Guam, American Samoa, Tokelau, and Caledonia. These are administered by the
United Kingdom, the United States, Australia, and New Zealand.

As with most issues, we must look at a regional approach for this topic. The list includes territories
from Africa, the Caribbean, Europe, and the Pacific, with each region and even each territory suffering
from different challenges.

Case Studies

Western Sahara

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Whilst European powers once exerted colonial power over the vast majority of the African continent,
decolonization efforts managed to secure independence for the oppressed peoples of Africa. However,
as of now, Western Sahara stands as a relic of that bygone era, as the last African territory in the UN’s
list.

Colonized by Spain in 1884, Western Sahara (then known as Spanish Sahara) is a desertic and
sparsely populated territory, with only about half a million inhabitants. Spain abandoned its colony on
February 26th 1976, recusing itself from its internal affairs after an attempted annexation of the
territory by Morocco, who laid what they called a historical claim to the region. This caused an
ongoing conflict between Morocco and the locals, who proclaimed the Sahrawi Arab Democratic
Republic, sprouting an insurgency that would last until 1990, when the United Nations helped broker
a peace between both parties, leaving an as of yet unresolved situation in the territory, part of which is
controlled by Morocco, and part of which is controlled by Sahrawi.

Still, life in Western Sahara remains difficult, particularly in Moroccan-controlled areas, where the
restriction of freedom of speech has been a consistent problem, with public officials carrying out
political persecutions against Sahrawi activists and journalists, consisting of harassment,
house-arrests, and other ill treatments. Of remark are cases such as those of Omar Radi, a popular
activist who would criticize Moroccan rule having been sentenced to six years of prison for rape and
espionage in what was an undicussably unjust trial that met no standards, as the accused was not
allowed to refute the mostly fake evidence that was presented against him. Severe accusations of
forced prositution and human trafficking cover-ups by Moroccan officials made by activist Jamila
Saadane saw her imprisoned for six months for the spreading of false information and insulting public
institutions.

In July, Amnesty International leaked a Moroccan surveillance network called Pegasus that has
targeted Sahrawi, French, and Moroccan figures, exposing what is a major violation to the Sahrawi
people’s right to privacy.

But perhaps the most atrocious and blatant violation of human rights are the poor conditions in which
political prisoners are kept, some of which could very well account for torture. Journalists Suleiman
Raissouni and Mohamed Lamine Haddi, both claim they were forcibly held in solitary confinement for
months after being arrested by authorities.

New Caledonia

New Caledonia is located on the coast of Australia in


the southwestern Pacific Ocean. Melanesians first
contact with Europeans occured in 1774, when
British explorer James Cook landed and named the

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island "New Caledonia." A jurisdiction over the island as a territory was established by France in 1853,
thinking of it as a prospective destination for a penal colony. The colonial settlement initiative was
well advanced by 1864.

Convicts, political exiles, and indentured laborers were imported by France under its colonial reign,
these people were brought to build infrastructure and work on plantations, mines, domestic service,
commerce, and wharves. Between the 1890s until the end of WWII, France sponsored three waves of
free settlers. The native Melanesians had become a minority in New Caledonia as a result of this
persistent migration by the beginning of the 1970s.

As part of its colonial rule, France had established a government and gave citizenship to all New
Caledonians, including the Melanesians. Melanesians along Europeans formed the Caledonian Union
in 1953 with the goal of achieving local self-governance. In 1984, The Independence Front was granted
self-government in territorial affairs by the French, but it was rejected, and subsequent elections were
boycotted.

Under France’s Administering Power, New Caledonia has been on and off the list as a
non-self-governing territory. It was removed from the list in 1946-1947 and then reinstated in 1986. A
referendum on independence was scheduled for 1998 under the Matignon Accord. The Noumea
Accord postponed the referendum on independence in 1998, instead setting a timeline for the transfer
of territory responsibilities from France to New Caledonia. In a referendum held in 2018, there was an
obvious voter turnout where an ethnic divide was clear. The indigenous Kanak population
overwhelmingly opted for independence, while the majority of the Caledonians preferred to remain in
France. 56.7 percent of people voted against independence from France. A second referendum was
held on October 4, 2020, asking citizens if they want New Caledonia to "acquire full sovereignty and
independence." Historically, New Caledonia has voted against independence, leaving only two options
for altering its status from non-self-governing territory to self-governing territory: free association
with an independent State or integration with an independent State.

The referendum procedure in New Caledonia will now include a second referendum, after the requests
of two political organizations in the country. New Caledonia's speaker pushed for the approval of
voting rights for 2,800 indigenous Kanak people who had been denied voting rights under the 1998
Noumea Accord in the period before the second referendum. Returning voting rights to the 2,800
indigenous Kanaks could have had a substantial impact on the outcome of the second referendum.

France's Administering Power is not being held accountable for its responsibilities. The impact of New
Caledonia's colonial past and suffrage difficulties has a ripple effect, resulting in native population
disenfranchisement, which is reflected in the results of voter referendums.

Guam

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This worry is not exclusive to New Caledonia or the French Administrative Power. The
non-self-governing territory of Guam, which is administered by the United States, has expressed
similar concerns. The Lieutenant Governor of Guam spoke at the same SPECPOL committee session
about the referendum in New Caledonia, proposing that the United States be pressured to decolonize
the territory by a visiting UN mission.

The United States acquired control of the Spanish colony of Guam in 1898 as a result of the
Spanish-American War, making it a U.S. territory, the modern equivalent of a colony. Guamanians are
U.S. citizens by birth, yet they lack voting rights and representation as an American territory.
Guamanians have attempted in the past to form a state or gain independence from the United States,
but they have failed.

Guam's geographic location as an island in close proximity to Southeast Asia and the Pacific area is
valuable to the United States. North Korea vowed to attack the United States by launching a missile
attack on Guam in 2017. As a result, Guam is caught in the middle of North Korea's and the US's
hostile confrontations. Military sites of substantial capability, like nuclear-powered submarines,
ammunition, and fuel storage, have been created by the US on the island.

The United States, as an Administering Power, has a strong incentive to keep Guam as a territory for
geopolitical and military reasons. The United States' priority as a member state and under its
legislated responsibilities as an Administering Power, however, should be to engage with Guam to
decolonize the territory and either include it into the nation as a state or assist Guam in its transition
to independence. However, the process through which Guam's native people can express their
political opinions has been delayed in US courts thus far. The proposed plebiscite in Guam to
determine native Guamanians' political preference, whether to join the United States as a state or
pursue independence, is improperly deciding voter eligibility based on race because it is only open to
native Guamanians. Such a decision by the US places a direct impediment in Guam's efforts to
determine which road of decolonization the territory would take, a clear breach of an Administering
Power's responsibilities.

Caribbean and the Atlantic

The Caribbean has suffered from colonialism ever since the colonization from the part of the Spanish.
Constant violations of what now constitute the human rights occurred, from slavery to genocide of the
natives. It is no wonder why nowadays there are still territories suffering from human rights
violations.

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The territories still in the UN’s list of Non-Self-Governing Territories are: Anguilla, Bermuda, Turks
and Caicos Islands, Cayman Islands, Montserrat, Falkland Islands, Saint Helena, British Virgin
Islands, and US Virgin Islands.

The human rights issues and conflicts which the Virgin Islands are facing is that of native and
immigrant discrimination both from citizens of the Virgin Islands and from the government. That is
the case of the British Virgin Islands, as Brock Hall from The Borgen Project describes, many
immigrants feel intimidated to come forward or feel it is unlikely they will receive a favorable decision
from a court. Immigrant households tend to have less access to courts and welfare services as well.
Another conflict with the U.S. Virgin Islands is that of political representation. They are a territory of
the United States, yet they cannot cast votes for president in the Electoral College.

Saint Helena is another territory which has seen a couple of human rights conflicts and abuses,
especially with children. Smriti Krishnan mentions an instance of Claire Gannon and Martin Warsama
who were social workers from Britain who worked with Saint Helena residents. Gannon and Warsama
reported the occurrence of rampant child abuse; later, both alleged they were threatened and forced to
leave the island in retaliation for reporting such abuse.

Possible Solutions

Legal Approach

When addressing a topic so related to territorial boundaries, self-determination, and human rights, it
is always important to consider a legal approach that helps to correct loopholes in our current
international legislation. In that sense, it could be viable to discuss the implementation of definitions
on what we understand for the concepts related to the matter. It is clear to say that if conflict exists, it
is because of a lack of consensus on what we comprehend for self-determination or sovereignty,
despite them being addressed by other legal bodies. Nevertheless, definitions are always unclear
because of the different contexts in which countries are found when debating them: religion, policy,
culture, historical background, economic or political interests, etc. In that sense, addressing
definitions is always connected to the necessity of adapting ideas together to create a strong common
ground.

On the other hand, the legal consideration and access non-self governing territories may have towards
international organizations or treaties is always one of the biggest barriers towards reaching
self-determination. It is in that line that providing that legal access may also be done through legal
proposals that grant them some powers that international subjects of law may possess without giving
them such consideration. Law is not only about strict prohibition or regulation, but also about
granting faculties to those in need.

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Humanitarian Approach

Providing humanitarian aid is not only about giving resources to those in need, it is about managing
any type of aid (economical, infraestructural, nutritional, medical, etc). In that sense, one of the main
focuses when creating a humanitarian approach for the topic is about identifying factors that won’t
allow humanitarian needs to be accessible in the first place. Those factors may be external or internal
to the country affected. Then, it is also important to identify which key actors may ease the access of
humanitarian approach. Once we have the items we wish to provide, the obstacles, and opportunities,
finding parameters to ensure the efficiency of the humanitarian aid is fulfilled.

Questions A Resolution Must Answer (QARMAS)

1. What role does the UN play in assisting governments in obtaining statehood, and what does
this mean for a people's sense of identity and rights within their territory?

2. Should administering powers provide rights and representation to their colonies or allow
them to become independent? If so, should there be a process for legitimizing unofficial
self-governing territories?

3. How should states respond to Administering Powers that limit the political autonomy of the
non-self-governing territory?

4. What are the conditions that facilitate special aid to non-self governing territories when the
administering powers refuse to provide aid for their region?

5. How do major events and disasters exacerbate the human rights disparities in unrepresented
territories? How can the international community solve issues (largely humanitarian) of
unrepresented peoples in times of crisis?

6. How can the United Nations address humanitarian obstacles such as non-collaborative
Administrative Powers, regional contexts and violation of human rights?

Position Paper Requirements

A Position Paper is a policy statement document in which delegates analyze and present their
country’s view on the issue being discussed, also focusing on past national and international actions in
order to propose innovative and viable solutions. It must include a heading with the title "Position
Paper", your country's formal name, your committee's full name, the topic being discussed (as stated

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in your background guide), your personal name and the name of your delegation. Also, your paper
should be divided into three sections, each in a separate paragraph, as follows:

● Your first paragraph should include a brief introduction to the topic, always connecting it to
your country. Try to include data, catchy phrases and statistics that may apply. Remember to
explain your country's situation and policy (past efforts it carried out to address the matter, as
well as current ones). Always take into consideration that you should be focusing on
answering the question, "Why is the issue relevant to my country?".

*This section should not be a re-statement of your background guide. Instead, it should
elaborate on the issue as your country sees it.

● Your second paragraph should include a brief summary of past UN actions (documents,
programs, protocols, campaigns, among others) related to the issue being discussed, always
expressing the opinion of your country in relation to the measures you are mentioning. Try to
focus on which specific actions have had an impact on your country, as well as the ones that
failed, and explain how you believe that these measures can be expanded or improved in order
for them to work properly again in an international manner.

● Your third paragraph should focus on proposing solutions that your nation would like the UN
to consider, always respecting your country's policy and considering the QARMAs at hand. Be
creative and propose original and viable ideas that will help other delegates and your dais to
remember your contribution to the debate. These must differentiate from the initiatives that
already exist, or improve those that have failed in the past instead. Lastly, do not forget to
write a strong closing sentence.

The format must be as follows:

● Paper size: Letter


● Font name: Times New Roman
● Font size: 11
● Spacing between lines: Single
● Maximum of pages: 1 (you may use an additional page for sources)

Please, make sure to cite every source that you use in your Position Paper, if not, it will be considered
plagiarism. Each delegation must submit a Position Paper to sochum@santamaria.pe by Friday July
8th, 11:59 PM. All delegates who do not submit a Position Paper by the indicated date will not be
eligible for awards.

Bibliography

1. UNITED NATIONS. (1945). CHARTER OF THE UNITED NATIONS.


https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP_DOCUME

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NT_LIBRARY/Public/Charter%20of%20the%20United%20Nations.pdf&action=default&ut
m_source=EN&utm_medium=GSR&utm_content=US_UNDP_PaidSearch_Brand_English
&utm_campaign=CENTRAL&c_src=CENTRAL&c_src2=GSR&gclid=CjwKCAjwp7eUBhBeEi
wAZbHwkSButY5JVHUUAfpebtu0ESym6AZkNUcd3eMobsiXWGkIn9AbIuXW1RoCSfkQAv
D_BwE
2. United Nations. (1945) International Trusteeship System.
https://www.un.org/dppa/decolonization/en/history/international-trusteeship-system-and-t
rust-territories
3. United Nations. (n.d.). Decolonization. https://www.un.org/en/global-issues/decolonization
4. United Nations. (n.d.). Trusteeship Council.
https://www.un.org/en/about-us/trusteeship-council
5. United Nations. (2022, 10th of May). Non-Self-Governing Territories
https://www.un.org/dppa/decolonization/en/nsgt#:~:text=Under%20Chapter%20XI%20of
%20the,measure%20of%20self%2Dgovernment%E2%80%9D.
6. United Nations. (n.d.). United Nations Charter, Chapter XI:Declaration Regarding
Non-Self-Governing Territories https://www.un.org/en/about-us/un-charter/chapter-11
7. Taylor, C. (1999). Sacrifice as Terror, The Rwandan Genocide of 1994.
https://books.google.com.pe/books?hl=es&lr=&id=qHf8DwAAQBAJ&oi=fnd&pg=PR2&dq=
rwandan+genocide&ots=e-xxOYFGS9&sig=ykyvEyXMI2upUr-FKV4scUEl-sM&redir_esc=y#
v=onepage&q=rwandan%20genocide&f=false
8. Amnesty International. (n.d.). MOROCCO AND WESTERN SAHARA 2021.
https://www.amnesty.org/en/location/middle-east-and-north-africa/morocco-and-western-s
ahara/report-morocco-and-western-sahara/
9. Hall, B. (2017, 6th of October) HUMAN RIGHTS IN THE VIRGIN ISLANDS: FIGHT FOR
ENFRANCHISEMENT. The Borgen Project.
https://borgenproject.org/human-rights-in-the-virgin-islands/
10. Krishnan, S. (2017, 5th of April). ADDRESSING THE ISSUE OF CHILDREN’S HUMAN
RIGHTS IN SAINT HELENA. The Borgen Project.
https://borgenproject.org/addressing-human-rights-in-saint-helena/
11. Porchnau, W. & Parker, L. (2007, 17th of December) Trouble in Paradise. Vanity Affair
https://www.vanityfair.com/news/2008/01/pitcairn200801
12. Palzkill, A. (2017, 3rd of November). The Forgotten Colony: Human Rights in the Pitcairn
Islands. Borgen Magazines.
https://www.borgenmagazine.com/human-rights-in-the-pitcairn-islands/
13. White, B. (2017, 12th of October) Identity, Inequality, Colonization: Human Rights in New
Caledonia. Borgen Magazines.
https://www.borgenmagazine.com/shape-human-rights-in-new-caledonia/
14. US Department of State.(2021, 30th of March). 2020 Country Reports on Human Rights
Practices: Samoa.
https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/samoa/

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15. Unrepresented Nations & Peoples Organization. (2020, 7th of August). Guam: Violations of
the rights of the indigenous Chamorro People. https://unpo.org/article/22021
16. IWGIA. (2021, 18th of March). The Indigenous World 2021: French Polynesia.
17. https://iwgia.org/en/french-polynesia/4219-iw-2021-french-polynesia.html

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