INCREMENTUM 2023
BACKGROUND GUIDE
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AGENDA –
STATUS OF CIVILIANS IN SELF-PROCLAIMED
NATIONS
LETTER FROM THE EXECUTIVE BOARD
Dear Delegates,
It gives us immense pleasure to serve as your Executive Board for the
simulation of the UNGA at INCREMENTUM MODEL UN. We have made
a background guide to help you kick start your research.
The background guide has been written to help you navigate
through the mass of information which you may come across in your
preparation for the conference. It will guide you to understand the
different angles to the forthcoming discussion, a sort of a reflection
of what is in store for you. It will not provide you with all the
information or analysis on the agenda at hand but a path for you to
carry out your research.
For doing that, your research must be comprehensive and non-
exhaustive. More importantly, you must understand your research
and be able to use it. In other words, your research documents are
not your arguments. You use your research to form your argument;
your research cannot be your only argument. This is where analysis
steps in.
It is extremely important for you to listen to everything other
delegates talk about in the committee, so don’t keep yourself too
occupied writing your own speeches, but truly listen to what other
delegates speak in the committee. It will help you give direction to
the debate happening in the committee and some point to elaborate
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on or rebuttal. With regards to that, try not to read from documents
without really understanding what they mean and try forming your
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own arguments based on what you read in those documents. The
trick here is to make sure you make notes of the documents that you
have read and formulate arguments from the same.
Diplomacy is the first lesson that MUNs offer and thus, you as
delegates are expected to be extremely courteous towards all
participants. To start, you can briefly read about the agenda and
break down the agenda in various subtopics
that exist within that agenda, now these topics that you have written are also the
topics that will be discussed in the committee as the moderated caucus topics.
All that you have to do now is to research on the subtopics of the agenda that
we have written. Now when you research on particular subtopics, you don't just
jot down information that you have collected through various articles, but rather
try to make an argument for that subtopic while researching or simply provide
your countries viewpoint on the given subtopic. This means you would have
content to speak on every possible topic raised in the committee. Logic and
foreign policy combined with in-depth research and knowledge are necessary to
be a successful delegate.
As delegates, you are expected to promote the interests of your nation and as
delegates of representing different nations, you are required to know your
foreign policy on the agenda and the issues related to the same. Try to highlight
the same during the days of the conference.
Having said that, if you have any questions or doubts pertaining to any matters
concerning this committee, please feel free to contact us. We shall be happy to
help!
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INTRODUCTION TO UNGA
The United Nations General Assembly (UNGA) is one of the six main organs of
the United Nations (UN). It is composed of all 193 member states of the UN
and serves as a forum for global dialogue and decision-making on various
pressing issues. The UNGA meets annually in a regular session, typically
starting in September, and is presided over by a rotating presidency. During
these sessions, member states can participate in debates, engage in
negotiations, and make decisions on a wide range of political, economic,
social, and environmental issues.
The UNGA plays a crucial role in setting the global agenda, promoting
international cooperation, and addressing common challenges faced by
member states. It discusses and adopts resolutions on issues such as peace
and security,
development, human rights, and international law. These resolutions are
nonbinding, but they carry significant political weight and serve as important
guidelines for member states' policies and actions.
One of the key functions of the UNGA is the election of members to other UN
bodies, including the Security Council and various committees and
commissions. The Assembly also approves the UN's budget and appoints the
UN Secretary-General upon the recommendation of the Security Council.
In addition to its regular session, the UNGA may convene special sessions to
address urgent matters or hold high-level meetings on specific themes. It
also
hosts events such as the General Debate, where world leaders deliver
speeches outlining their countries' priorities and perspectives.
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The UNGA provides an inclusive platform for all member states, allowing them
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to voice their concerns, share their experiences, and contribute to global
decision-making. It embodies the principles of multilateralism and diplomacy,
aiming to foster peace, stability, and cooperation among nations.
INTRODUCTION TO SELF PROCLAIMED
NATIONS
Self-proclaimed nations, also known as unilaterally declared or de facto
states, refer to territories that have declared themselves independent but
are not recognized as sovereign states by the majority of the international
community.
These entities often emerge in the context of territorial disputes, ethnic
tensions, or struggles for self-determination.
These self-proclaimed nations usually emerge when a region or group within
an existing country declares independence, establishes its own government,
and
seeks international recognition. They may have their own flags, capitals,
constitutions, and other symbols of statehood. However, their claims to
independence are often met with varying degrees of scepticism and
opposition from other states.
One well-known example is the self-proclaimed Republic of Somaliland,
which declared independence from Somalia in 1991. Despite its stability,
functioning
institutions, and relative peace compared to the rest of Somalia, Somaliland
has not gained widespread recognition as an independent state. The
international
community generally abides by a concept known as the principle of territorial
integrity, which upholds the sanctity of existing borders and discourages the
recognition of self-proclaimed nations.
Other examples include the self-proclaimed Republic of Abkhazia and
Republic of South Ossetia, both of which declared independence from
Georgia in the early 1990s. These regions remain politically and militarily
supported by Russia, but they are only recognized as independent states by
a limited number of countries.
Self-proclaimed nations often face significant challenges in achieving
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international recognition, establishing sustainable governance, and gaining
access to resources, trade, and aid. They may find themselves in a state of
political and economic limbo, as their lack of recognition prevents them from
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participating fully in the international community and accessing the benefits
that come with it. Additionally, their status may lead to ongoing tensions and
conflicts with the parent state.
It is important to note that the recognition of self-proclaimed nations is a
complex and politically sensitive issue, often influenced by historical,
geopolitical, and economic factors. The attitudes of other states toward
these entities can vary widely, ranging from outright rejection to conditional
recognition or even de facto support.
STATUS OF CIVILIANS IN SELF
PROCLAIMED NATIONS
The status of civilians in self-proclaimed nations can vary depending on the
specific circumstances and the policies implemented by the self-proclaimed
government. However, there are some common patterns and challenges that
civilians living in these territories may face:
[Link] and Identity: When a self-proclaimed nation emerges, issues
surrounding citizenship and identity often arise. It may be unclear how
individuals in the territory are recognized, and their legal status could be
ambiguous. In some cases, the self-proclaimed government may grant
citizenship to residents, while in others, the existing citizenship of the parent
state may still be recognized.
[Link] Participation: Self-proclaimed nations generally establish their own
governance structures, including legislative bodies and executive authorities.
However, the extent to which civilians can participate in decision-making
processes can vary. In some cases, the self-proclaimed government may
actively involve civilians in political processes, whereas in others, political
power may be concentrated within a narrow elite or military group.
[Link] to Services and Resources: The ability of civilians in self-proclaimed
nations to access basic services, such as healthcare, education, and
infrastructure, can be compromised. Limited recognition and lack of
international support may result in a scarcity of resources and aid, making it
challenging for the self-proclaimed government to provide for its
population's needs adequately.
[Link] Rights and Rule of Law: The respect for human rights and the rule of
law in self-proclaimed nations can vary widely. It is not uncommon for such
territories to experience political instability, armed conflict, or authoritarian
rule. This can lead to violations of human rights, including restrictions on
freedom of expression, assembly, and association, as well as issues related to
gender equality, minority rights, and access to justice.
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[Link] Challenges: Self-proclaimed nations often face economic hurdles
due to their lack of international recognition. They may struggle to attract
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investment, secure trade agreements, or gain access to development aid.
This can result in limited economic opportunities for the civilian population,
high unemployment rates, and overall socioeconomic difficulties.
It is important to note that these observations are generalizations, and the
specific situation in each self-proclaimed nation can vary considerably. The
status and well-being of civilians can be influenced by a range of factors,
including the policies and practices of the self-proclaimed government, the
behaviour of the parent state, and the international community's engagement
with the territory.
SELF PROCLAIMED NATIONS IN
CONTEXT TO INTERNATIONAL LAW
The notion of self-proclaimed nations in international law is complex and
contested. International law primarily relies on the principle of recognition by
other states for the existence and legal status of a nation. Generally, self-
proclaimed nations are not automatically recognized as sovereign states in
international law unless they gain widespread recognition from other states.
Recognition can be either de facto or de jure. De facto recognition means
that other states establish diplomatic or political relations with the self-
proclaimed
nation, without necessarily acknowledging its sovereignty. De jure
recognition, on the other hand, signifies full acceptance of the self-
proclaimed nation's statehood and sovereignty in accordance with
international law.
The criteria for recognition vary among states, but some factors commonly
considered include the existence of effective governance, control over
territory, a defined population, and the ability to engage in international
relations. The policy and political considerations of recognizing states often
play a significant role in the decision-making process.
Self-proclaimed nations that do not gain widespread recognition may face
challenges in asserting their sovereignty under international law. They may
lack access to international organizations, participation in treaties, and
recognition of their passport or other official documents.
However, it is important to note that the right to self-determination is a
fundamental principle of international law. While this principle does not
provide an automatic right to secession or statehood, it recognizes the right
of peoples to freely determine their political status and pursue their
economic, social, and cultural development. Self-proclaimed nations often
base their claim to statehood on this principle.
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Ultimately, the recognition of self-proclaimed nations in international law is a
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complex and evolving issue, and each case is unique. The status and legal
standing of self-proclaimed nations can be influenced by political, historical,
and diplomatic factors, and may evolve over time with changing
circumstances and international dynamics.
CONVENTIONS TO PONDER UPON
There are no specific United Nations conventions that pertain directly to
self-proclaimed nations. The United Nations is an organization based on the
principles of sovereign equality among its member states and the respect for
their territorial integrity. As such, the UN generally upholds the recognition of
member states as determined by international law and does not take a
position on the legitimacy or status of self-proclaimed nations.
However, there are a few international conventions and agreements that
indirectly touch upon the issue of self-proclaimed nations in certain
contexts.
These conventions primarily address related topics such as human rights,
self-determination, and the rights of indigenous peoples. Some of these
conventions include:
[Link] Declaration of Human Rights (UDHR): The UDHR affirms the right to
self-determination, which can be relevant to self-proclaimed nations seeking
autonomy or independence. It establishes the principle that all peoples have
the right to freely determine their political status and pursue their economic,
social, and cultural development.
[Link] Covenant on Civil and Political Rights (ICCPR): The ICCPR
guarantees the right to self-determination in accordance with the principles
of the UN Charter. It ensures that all peoples have the right to freely choose
their political status and to pursue their economic, social, and cultural
development.
Although statehood is not explicitly mentioned, this covenant protects the
principles that may be invoked by self-proclaimed nations.
[Link] on the Rights of Indigenous Peoples (UNDRIP): This convention
recognizes the rights of indigenous peoples, which can include those within
self-proclaimed nations. It affirms their rights to self-determination,
autonomy, cultural preservation, and participation in decision-making
processes that may concern their lands, resources, and cultural heritage.
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[Link] Conventions: The Geneva Conventions provide rules for the
protection of individuals during armed conflicts. While these conventions
primarily address state parties and their obligations during such conflicts,
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they also recognize the rights of individuals and civilians, regardless of their
political status or the recognition of the entities they belong to.
It is important to note that the applicability of these conventions to self-
proclaimed nations largely depends on the recognition and engagement of
the
relevant states or international actors involved. The legal status and
obligations of self-proclaimed nations are highly complex and varied, with
each case having unique political, historical, and legal circumstances.
QUESTIONS TO DEBATE UPON
[Link] are the criteria for statehood under international law?
[Link] a self-proclaimed nation be recognized as a state by other nations?
[Link] is the role of the Montevideo Convention in determining statehood?
[Link] does the principle of self-determination intersect with self-
proclaimed nations?
[Link] is the stance of the United Nations on self-proclaimed nations? 6.
How does the international community typically respond to self-proclaimed
nations?
[Link] there any examples of self-proclaimed nations that have gained
international recognition?
[Link] are the potential consequences for a state that recognizes a self-
proclaimed nation?
[Link] self-proclaimed nations participate in international organizations or
treaties?
[Link] legal mechanisms exist for resolving disputes between self-
proclaimed nations and established states?
10. Do self-proclaimed nations have the right to conduct their own foreign
affairs?
11. How do self-proclaimed nations deal with issues such as passports,
currency, and territorial claims?
12. Is there a distinction between self-proclaimed nations and unrecognized
states under international law?
13. Are there any provisions in international law that specifically address the
formation or dissolution of self-proclaimed nations?
14. Have there been any cases where self-proclaimed nations have
successfully seceded from an established state?
15. How does the legitimacy of self-proclaimed nations impact their ability to
enter into diplomatic relations with other states?
16. Can self-proclaimed nations be held liable for human rights violations
under international law?
17. How does the principle of uti possidetis juris apply to self-proclaimed
nations?
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18. How do the principles of customary international law influence the
recognition of self-proclaimed nations?
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19. What is the historical precedent for the recognition or non-recognition of
self-proclaimed nations in international law?
LINKS FOR FURTHER RESEARCH
1. "Statehood, Self-Determination, and Recognition in International Law" -
[Link]
2. "The Recognition of States: Law and Practice in Debate and Evolution" -
[Link]
3. "Self-Determination and the Creation of States: The Principle and Process
of Secession" - [Link]
4. "Unrecognized States and Secession in the International System" -
[Link]
5. "The Politics of International Law and Recognition of Unilateral
Declarations of Independence" - [Link]
6. "Self-Proclaimed States in International Law: A Legitimate Way of
Becoming a State?" -
[Link]
7. "Criteria for Statehood in International Law" -
[Link]
8. "Examining Unrecognized States from the Perspective of International Law"
- [Link]
9. "The Role of the United Nations in Resolving Self-Determination
Disputes"
- [Link]
10. "Minorities, Self-Determination, and Recognition in International Law" -
[Link]
11. "Territorial Disputes and Self-Declared States" -
[Link]
12. "The Legitimacy of Self-Proclaimed States: A Legal and Political
Dilemma?" -
[Link]
13. "The Legal Status of Unrecognized States: Is Kosovo Unique?" -
[Link]
14. "Legal Consequences of Recognition of Unilateral Declarations of
Independence in International Law" - [Link]
article=1690
15. "Self-Determined Peoples and the International Criminal Court" -
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[Link]
16. "The Principle of Non-Intervention and Self-Proclaimed States" -
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[Link]
17. "The Role of Recognition in State Formation: Independence Movements in
Palestine and Western Sahara" - [Link]
18. "Self-Determination and the Rights of Indigenous Peoples" -
[Link]
19. "The Principle of Uti Possidetis Juris and State Succession" -
[Link]
20. "Secession and International Law: A Framework for Analysis" -
[Link]
HAPPY
RESEARCHING!
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