Beruflich Dokumente
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Committee Description
Special Political and Decolonization is the Fourth Committee of the United Nations General Assembly. When the United Nations was founded in 1945, almost one-third of the member nations' people were living in a territory that was dependent on a colonial government, with no right to self-rule. The Special Political and Decolonization Committee has since been a forum for the discussion of the rights of self-determination and self-governance. Since the founding of the United Nations, more than eighty colonies have gained their independence. The mandate of SpecPol now covers a wide variety of issues, making it arguably the most dynamic committee in the General Assembly. The Fourth Committee covers such issues as the rights of refugees, peacekeeping, mine action, public information, atomic radiation, and outer space. As a subsidiary body of the General Assembly, SpecPol is open to all 192 member states of the United Nations, which provides a very diverse cross-section of opinions and a strong international mandate for action. The diversity of topics available to SpecPol makes it possible for every nation to have a large stake in the debate. This committee often leads delegates to ask some of the most basic and challenging questions that the United Nations faces: Where is the line between national sovereignty and international collaboration? Is there a moral imperative to intervene during a crisis? Does the United Nations allow for an effective way for nations to discourse, or is it dominated by the more powerful nations? SpecPol will undoubtedly be an exciting and intellectually stimulating experience for everyone involved. The most recent sessions of SpecPol have dealt with peacekeeping missions, assistance to Palestinian refugees, human rights, humanitarian assistance to refugees, treatment of prisoners of war, the register of space objects, such as satellites and spacecraft, and the occupation of Syria. As a committee of the General Assembly, the SpecPol committee is unable to pass a binding resolution, but they are able to make strong recommendations to the Security Council.
permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible. Israel, considered to be in violation of international law, has continually contested the Resolutions guarantee of what is commonly referred to as the Palestinian right to return. In discussing this issue, it may prove vital to examine viewpoints of all blocs on the right to return, and the status of its enforcement.
Bloc Positions
Israel: Israel has continued to build settlements in OPT (Occupied Palestinian Territory), despite international condemnation. Israel claims that the right of return, guaranteed by UN General Assembly Resolution 3236 on November 22, 1974 as an inalienable right, does not apply to Palestinian refugees. Additionally, Israel views Palestinian refugees as security threats, due to a history
of recruitment by militant organizations like Hamas, and Lebanon-based Hezbollah. The presence of these militant groups has led Israel to erect walls and barriers that impede economic growth in Palestinian territories, and leave refugees further impoverished. While Israel remains at odds with the international community on the legality of the Palestinian right to return, it maintains that its actions are in the name of a security threat posed by the influence of militant groups on the refugees. Recent actions, including a widely publicized raid on a Turkish aid flotilla headed to the Gaza strip, have led to an international outcry against Israels handling of the Palestinian refugee crisis.
Host Nations:
Jordan, Lebanon, and Syria: The main recipient of Palestinian refugees, Jordan has long tried to maintain a delicate demographic balance between those of Palestinian origin and other Jordanians. In fact, the UNRWA currently estimates that Palestinian refugees compose 32% of the Jordanian population. Jordan has recently condemned remarks by a UN official who said that Palestinian refugees must not be deluded about their right to return and that Arab countries must resettle them. Wajih Azaizeh, the director of Jordans Palestinian Affairs Department, deemed the remarks, made by Andrew Whitley, the NY director of the UNRWA, irresponsible. Jordan houses approximately half of all Palestinian refugees, and is the only country that has allowed permanent resettlement to some of the refugees. Lebanon, on the other hand, has long placed severe restrictions on Palestinian refugees in the country, largely as a result of structural marginalization and legal
discrimination. According to one Palestinian refugee of a camp in Lebanon, Palestinians are deprived of all human rights, whether in regard to work, health, education, safety, residence or shelter. Palestinians live in constant fear. However, recently, Lebanons stance on the refugee crisis has changed. As of June 15, 2010, the Lebanese Parliament has considered a series of draft amendments that would Palestinian refugees in Lebanon with an increased measure of basic rights. While this may improve the situation for refugees residing in Lebanon, it is not a long-term solution. Syria has long attempted to help Palestinian refugees, and has been thanked by the UNRWA for hosting more than 400,000 refugees. Along with Jordan and Lebanon, Syria continues to support the Palestinian right to return.
South America:
On December 6, 2010, Argentina declared recognition of a Palestinian state. They announced that they were recognizing Palestine as a free and independent state, and that they were agreeing with Uruguay and Brazil, who had recognized the state of Palestine based on its pre-1967 borders. While they did not explicitly comment on the status of Palestinian refugees, the decision of these South American countries to recognize a free and independent state of Palestine represents a growing global response to Israeli settlement building activity. It is also important to note the heavy presence of the Palestinian diaspora in Chile, Brazil, El Salvador, Honduras and Peru, although many of the Palestinians in these countries are not refugees of the 1948 War of Independence, but rather Christians who left Palestine during Ottoman rule.
Possible Solutions:
Possible lasting and durable solutions to the problem may include a further extension of the mandate of what was initially meant to be a temporary UNRWA. The UNRWA could play the role of highlighting the urgent need for a solution as a result of its long experience and knowledge of Palestinian refugees. Additionally, it may prove vital to foster a climate of inclusion in the international communitys engagement with Palestinian issues. If the international community feels engaged with the peace process, and is lent a sense of culpability for the lives and futures of the refugees, progress may be achieved. Most apparently, it may be important to provide Palestinian refugees with the dignity of acknowledgement. If they are given a say in the process, political action may arrive faster, as the imperative nature of their situation is voiced. Host states also need to address security concerns posed by a population of malnourished, and impoverished refugees. Efforts need to be made by the UNRWA, and other NGOs,
to help the host nations provide education and basic human rights to the refugees.
Partition
The Indian Subcontinent was, until August 1947, a British colony. But the grip that the British had over the Subcontinent had been decreasing ever since the 1900s. After the Second World War, they were exhausted, bankrupt, and could no longer
handle the growing tensions between Hindus and Muslims on the Subcontinent. Arguments, instability, and violence between both groups was reaching an alarming level. The British were clearly no longer welcome, and they decided that it would be best if their rule over the historic land finally came to an end. Two main political parties represented the people of the Subcontinent at the time. The Indian National Congress, which claimed to represent the entire Subcontinent, Muslims and Hindus alike, aimed to create a secular and democratic state after the departure of the British. In this state, all religions were to be treated equally, and the state of India was to be kept as it was. The leader of this group was Mahatma Gandhi. The All-India Muslim League represented solely the Muslim population of the Subcontinent, and no longer trusted the Indian National Congress, due to the party's failure to keep similar promises of equality in the past. The All-India Muslim League wanted a separate state to be created for the Muslims of the Subcontinent. This group was represented by Mohammad Ali Jinnah. The British announced that they would be leaving the Subcontinent in 1947. After much argument, it was decided that the Indian Subcontinent would be split into two separate states for Hindus and Muslims; India and Pakistan. This was a victory for the All-India Muslim League, as they had finally achieved what they had been fighting for since the Pakistan Resolution in 1940. The Indian National Congress also took it as a partial victory, as they were finally able to drive the British out of the Subcontinent, which had been one of their main goals since the beginning.
Muslim, would become part of Pakistan. As simple as these rules sounded, they were not at all easy to implement, especially because of the scale at which they were to be applied.
War of 1947
In August, the British rule over the Subcontinent ended and the issue of Kashmir was left undecided. During the first week of October, tribal rebellion broke out in southwest Kashmir. Pakistani troops disguised as local tribesmen, said to be motivated by the pleadings of their kinsmen, and quickly joined the rebels. By the 22nd, they had taken over the town of Muzaffarabad and the majority of the
Muslim troops joined the raiders, beginning to attack their Hindu counterparts, and heading towards Srinagar, the capital of Kashmir. (Owen Bennett Jones) Maharaja Hari Singh, unable to control the situation, sought help from the neighboring princely state of Patiala. The Patiala State Forces were unable to handle the Pakistani forces and Hari Singh was forced to appeal to Lord Mountbatten for assistance. Lord Mountbatten, upon receiving this request, called a meeting of the Indian Defense Committee with Indian Prime Minister Jawaharlal Nehru. They decided that Indian troops would only be sent to help the maharaja if he signed the Instrument of Accession. A crucial part of the agreement, however, was that accession to India would have to be ratified by the population of Kashmir. (Owen Bennett Jones) Maharaja Hari Singh, given the prevailing chaos, was motivated by desperation to obtain Indian military assistance, and signed the Instrument of Accession without the consult of the people of Kashmir. Nehru agreed to accept the support of Sheikh Mohammed Abdullah in lieu of a popular ratification. Lord Mountbatten accepted the signed Instrument of Accession and deployed troops in Kashmir to quell the Muslim rebellion, take over Kashmir, and add it to the Indian Union. Despite of the quick dispatch of Indian troops into Kashmir, the Pakistani forces had managed to capture about a third of the state. Over the next two months, neither of the forces made territorial gains and the fighting continued. A resolution was not in sight. Lord Mountbatten, at the end of December, decided to seek help from the UN Security Council. A complaint was lodged to the council on January 1, 1948. (Owen Bennett Jones) Resolution 47 of 21 April 1948 by the Security Council stated that due to threat to international peace and security, both India and Pakistan would bring about a cessation of all fighting. India and Pakistan would solve the problem of the accession of Jammu and Kashmir through the democratic method of a free and impartial plebiscite. The war was stopped and a mutual ceasefire line was established. The plebiscite, however, was never held.
War of 1965
In 1965, in order to revive the hopes of the Kashmiri Muslims, Pakistan invaded India in order to gain control of Kashmir. When India retaliated, another war broke out. To stop the violence which had, by the beginning of September, reached an alarming level, the United Nations Security Council called another ceasefire and asked both countries to move all armed forces to their side of the line. Tension between the countries had only risen since partition, and General
Ayub Khan of Pakistan had thought that fighting Indian forces right after the death of their leader, Jawaharlal Nehru, would be easy, but he was mistaken.
War of 1971
In 1971, unstable relations between West Pakistan and East Pakistan (now Bangladesh) resulted in Sheikh Mujibs party, along with majority of East Pakistan, demanding to be separated from Pakistan and given independence. Troops were sent from West Pakistan to East Pakistan with the intention of subduing the rebellious Bengalis. India interfered, leading once again to war. Even to this day, the loss of this war was the most humiliating defeat that Pakistan has ever had to face. Humanitarian feelings were the main motivating force behind this outcry, but many Indians also saw in the heart-rending situation an opportunity to cut Pakistan down to size. These were the words of Indira Gandhis biographer, Inder Malhotra (Schofield 117). India surrounded the Pakistani army in Dacca, gained control over parts of Sindh, including the areas that it had lost during the war of 1965, and Pakistans loss resulted in East Pakistan gaining independence as a new country, Bangladesh. Although the war did not extend to Jammu and Kashmir, it remained a barrier blocking the normalization of relations between the two countries. In an open letter to President Nixon, Indira Gandhi wrote: We do want lasting peace with Pakistan. But will Pakistan give up its careless yet powerless agitation over the last 24 years over Kashmir? (Schofield 117) The Simla agreement aimed to restore peace between the two countries after the war had taken place. However, the clause in the agreement mentioning Jammu and Kashmir was inconclusive. It only said that both countries would respect the line of control that had been established by the cease fire in 1971 and that they would not try to alter it under threat of the use of force. The issue of Kashmir was once again left unresolved.
War of 1999
In 1998, India tested five nuclear devices and Pakistan responded with six of their own. The next year, Prime Ministers from both countries met in Lahore, to set up an agreement ensuring that they were sharing a vision of peace and security. Each side sought to make the other understand that the nuclear dimensions of the situation would be an important factor in ensuring the avoidance of conflict. A Resolution was signed by both Prime Ministers that insisted on an increased
effort to resolve all conflicts between the countries, including the issue of Kashmir. (Bose) However, in the summer of 1999, Pakistani units supported by jehadi volunteers infiltrated the Indian side of the Line of Control and the Indian military retaliated with a massive land and air campaign. War broke out, and the fighting continued for six weeks until Nawaz Sharif, the Prime Minister of Pakistan, had to withdraw Pakistani forces after a tense meeting with US President Bill Clinton. (Bose)
Possible Solutions
Before one can even begin to consider how to solve the Kashmir issue, one has to realize that the biggest obstacle to finding a possible solution lies in the fact that India and Pakistan less-than-positive relations with each other. There is little to no trust between their governments, and therefore any talks regarding Kashmir tend to fall through. The two nations must create some trust-building opportunities through the sharing of common opinions, if they want to enhance relations. Both nations, in addition to other UN countries, need to avoid shortsighted policies and political gains, and instead must focus their efforts on eliminating the poverty in
the region and raising the standard of living. The people living in this area must be the first priority. The best solution to this problem would be one in which both nations gain something, much the way a business transaction works; if one partner feels cheated, then the agreement is not likely to last. A resolution that will truly help to solve the dispute must be beneficial for both of the states involved, as well as the people of Kashmir. Questions to Consider How will the region be strengthened, and a solution found by raising the standard of living for those living in Kashmir? What mutual views do the nations share, and how can they be used to establish positive relations? Is the best approach to the issue division or integration of the Kashmir area?
Resources
Bennett, Jones Owen. Pakistan: Eye of the Storm. New Haven, CT: Yale UP, 2003. Print. "Timeline: Conflict over Kashmir - CNN." Featured Articles from CNN. 05 May 2003. Web. http://articles.cnn.com/2003-02-06/world/kashmir.timeline_1_indiaand-pakistan-indian-military-officials-kargil?_s=PM:asiapcf Bose, Sumantra. Kashmir: Roots of Conflict, Paths to Peace. Cambridge, MA: Harvard UP, 2003. Print. Dhar, L. N. "An Outline of the History of Kashmir." Kashmiri Overseas Association, Inc. Web. http://koausa.org/Crown/history.html Ganguly, Sumit. The Kashmir Question: Retrospect and Prospect. London: Frank Cass, 2003. Print. "Kashmir - Pakistan Mission to UN." Pakistan Mission to The United Nations. Web. http://www.pakun.org/kashmir/history.php Schofield, Victoria. Kashmir in Conflict: India, Pakistan and the Unfinished War. London: I B Tauris &, 2000. Print. Sission, Richard, and Leo E. Rose. War and Secession: Pakistan, India, and the Creation of Bangladesh. Berkeley: University of California, 1991. Print.
Widmalm, Sten. Kashmir in Comparative Perspective: Democracy and Violent Separatism in India. London: RoutledgeCurzon, 2002. Print.