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ÇANAKKALETROYMODELUNITEDNATIONS2017
1. Letter from the Secretary-General
Esteemed Participants,
My name is Onuralp Acar, and it’s a unique privilege to welcome you to the conference,
which directly focuses on Model UN and fascinating world problems surrounding it. It
became a great chance for my life to be the Secretary General of TROYMUN 2017.
First of all, I just want to express that I was fortunate enough to be supported by great people
whom I have been looking up to since I have started participating in Model United Nations
and I cannot say how much grateful I am for every one of them for their endless
encouragement. Also, this year it is a privilege to be encompassed by incredibly kind,
charming and exquisite group of people particularly being a luminary in our society Yeditepe
Model United Nations and Çanakkale College.
This year TROYMUN will entertain four different committees, where delegates have a very
exceptional opportunity to participate in debates in various fields of international relations.
Moreover, for the delegates who wish to pursue a career in international
relations, TROYMUN will be providing you with a rare insight of an international
relations atmosphere. Over and above that, TROYMUN 2017 is delighted to introduce to
you JCC Gallipoli Committee. For many students I have encountered so far, the topic of
World War I has been considered stressful and uneventful, however, TROYMUN 2017 team
created a fantastic and memorable committee that deals with the historical
administrative and political problems.
It is a great satisfaction to work with amazingly intelligent, hardworking and diligent group of
people, whom I have the pleasure of referring to as my team, who sacrificed their precious
time to create sensational and spectacular committees with the aim of indulging every
participant’s hunger for the highest quality of debates.
We, as the academic and operations team of TROYMUN 2017, cannot wait to see you
at Çanakkale Parion Hotel between 18th and 20th of November 2017.
Sincerely,
Onuralp ACAR
Secretary-General of TROYMUN 2017
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2. Letter from the Under Secretary-General
Most esteemed delegates of SOCHUM,
It is an honour and my pleasure to welcome you all to the TroyMUN 2017. My name is Ege
Sürek, and I am currently in my 3rd year at Yeditepe University and doing my bachelors in
Political Science and International Relations. This year I have the privilege to serve as the
Under Secretary-General of the SOCHUM.
In this committee you will try to tackle a very important social issue that our world faces, the
issues that indigenous people faces. Since more than 90 countries in the word does have
indigenous populations, it affects all states and the steps that should be taken is very essential.
I hope that the solutions our delegates will come up with will be very comprehensive.
Before finishing my letter, I would like to thank Mr. Onuralp Acar for giving me this
opportunity to become the Under-Secretary-General for SOCHUM and having me on his
team. Last but not least, I would like to thank my academic assistant Beren Tunalı for her
contributions to this study guide.
Sincerely,
Ege Sürek
Under Secretary-General for SOCHUM
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3. Introduction to the Committee
The Social, Humanitarian and Cultural Committee (SOCHUM) is one of the six specialized
subcommittees of the United Nations General Assembly which was established after the
development of the Universal Declaration Human Rights in 1948. Each year, the General
Assembly allocates to the Committee on Social, Humanitarian and Cultural Affairs a set of
social, humanitarian and human rights issues that affect its people.
An essential part of SOCHUM’s work does focus on the issues related to human rights that
goes in accordance with the Human Rights Council. This part focuses on social and cultural
problems that affect human beings such as but not limited to: women's rights, children's
rights, protection of indigenous people, refugee crisis and measures to be taken and
international drugs.
SOCHUM tends to work closely with civil society organizations and other organs of the
United Nations to find solutions to the problems of the mentioned countries.
4. Introduction to the Agenda Item
Indigenous people, also known as first peoples, aboriginal people, native peoples or
autochthonous peoples, are ethnic groups that are the original inhabitants of a particular
region, as opposed to the occupied or colonized groups of the region in the near future.
Groups are generally defined as native when they maintain traditions or other aspects of early
cultures associated with a particular area. Indigenous people may settle in a particular area or
may exhibit a nomadic lifestyle in a large area, but they are usually combined with a specific
area where they are historically dependent.
The most accepted definition of indigenous people is by Cobo. He defines indigenous people
as:
“Indigenous communities, peoples and nations are those which, having a historical
continuity with pre-invasion and pre-colonial societies that developed on their
territories, consider themselves distinct from other sectors of the societies now
prevailing on those territories, or parts of them. They form at present non-dominant
sectors of society and are determined to preserve, develop and transmit to future
generations their ancestral territories, and their ethnic identity, as the basis of their
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continued existence as peoples, in accordance with their own cultural patterns, social
institutions and legal system.”1
There are around 370 million indigenous peoples in some 90 countries throughout all regions
of the world.2 While they are 5 percent of the world’s population, they make up 15 percent of
the world’s disadvantaged.3 While they own, inhabit or use 25 percent of the world’s lands,
indigenous people protect 80 percent of the biodiversity of the world. They hold significant
ancestral knowledge and proficiency on how to acclimatize, lessen, and decrease risks from
climate change and natural disasters. However, only a portion of these lands is formally
recognized by states, whether they are the land indigenous people traditionally owned or
possessed under customary title.4
Indigenous peoples have often been given political rights in international law by international
organizations such as United Nations (UN), the International Labor Organization (ILO) and
the World Bank because they face threats of access to resources where sovereignty, economic
prosperity, and cultures depend.
5. Current Issues
From the time of colonialization to today, indigenous people all over the world suffered
exploitation and exclusion from the society. The discrimination against indigenous people
continues today in the form of exclusion from the access of to their land, getting healthcare
and lack of representation in the political sphere. Many groups of indigenous people live in
poverty, has a hard time being employed and are forcefully separated from their land.5
a) Cultural appropriation, restitution and repatriation
The meaning of the cultural heritage has evolved in the recent years. It used to refer the
monumental remains of a culture. However, these days it has a more intangible meaning. The
Special Rapporteur on the rights of indigenous peoples defines cultural heritage as;
“tangible heritage (e.g. sites, structures and remains of archaeological, historical,
religious, cultural or aesthetic value), intangible heritage (e.g. traditions, customs and
practices, aesthetic and spiritual beliefs; vernacular or other languages; artistic 1MartínezCobo(1986/7),paras.379-3822StateoftheWorld’sIndigenousPeoples(UnitedNationspublication,Salesno.09.VI.13).3UNDPIssueBriefingonGovernanceandPeacebuilding,Enhancingparticipationandrepresentationofindigenouspeoplesinparliament,20144WorldBakn,IndigeneosPeoples5FIANInternational(2017)
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expressions, folklore) and natural heritage (e.g. protected natural reserves; other
protected biologically diverse areas; historic parks and gardens and cultural
landscapes)”.6
i. Cultural appropriation
Misappropriation of the cultural heritage of the indigenous people is a current issue that
affects many communities. It has many variations like objectification, the use of indigenous
peoples’ imagery and symbols in marketing, and the misappropriation of traditional songs.7 A
recent case on this was on whether the usage of the “Maori haka” (the war dance of the Maori
people of New Zealand) songs in public or commercial situations should recognize its
indigenous composer. The case ended in favour of the Maori people however there are many
examples of cases that it ends the opposite. 8
Misappropriation by the tourism industry is another problem in this topic. This can happen in
various ways. First of all, the symbols of the cultural heritage of indigenous people are often
misused in touristic areas. For example, in Finland, the traditional clothing of Saami people is
used wrongly. From gift shops that sell Saami products that are not crafted by the indigenous
people or not using traditional colouring or designs as a bad imitation, to the employees in the
industry who are not Saami people wearing imitated traditional clothes negatively affects the
identity and self-image of the indigenous people. 9
Another issue on this topic is the cultural misinterpretation. The Special Rapporteur explains
this situation happens when “visitor centres, interpretive signage, information brochures,
guided tours or audio guides on cultural or natural heritage sites do not provide correct
information regarding indigenous peoples’ cultural or natural heritage or do not reflect their
particular interpretation of the cultural or natural heritage in question.”10 Museums are
sources of education and should be fully objective on the subjects like indigenous people. 6UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53(19August2015)7UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/538UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/539UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/5310UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53
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Finnish Saami Museum is an excellent example of it and it shows that the museums that
showcase indigenous cultures that are managed by the indigenous people themselves are more
beneficial for preservation, transmission and promotion of that culture.
However, there are other cases where this situation is the exact opposite. Many museums
around the world hold and display the cultural heritage of indigenous peoples without the
consent of the peoples concerned. An example of this is the Swedish National Museum of
Ethnography which holds a Yaqui ceremonial deer head, a very sacred and spiritual item for
the Yaqui nation. Although there have been many requests done by official channels for
restitution, the authorities of the museum did not return the deer head to the Yaqui’s. This is
not the only case, all over the world both private collectors and museums own items that are
very important to indigenous cultures and traditions without having the consent of the
indigenous people.
ii. Restitution and repatriation
This brings us to the importance of restitution. Restitution can be defined as “the restoration
of something lost or stolen to its proper owner.”.11 In the United Nations Declaration on the
Rights of Indigenous Peoples, the importance of this is underlined quite thoroughly.
“States shall provide redress through effective mechanisms, which may include
restitution, developed in conjunction with indigenous peoples, with respect to their
cultural, intellectual, religious and spiritual property taken without their free, prior and
informed consent or in violation of their laws, traditions and customs”12
In some cases, the establishment of cultural heritage sites, in some other cases the creation of
companies etc., cause the lands of indigenous people taken from themselves without their
consent. In these cases, indigenous people have the right to restitution of their lands in
accordance with the Declaration on the Rights of Indigenous Peoples.
Repatriation is as important as restitution in the rights of indigenous people. Repatriation also
means the return of something to its proper owners, however, while restitution is usually more
involved with territories and lands, repatriation is more focused on artefacts and objects.
11OxfordDictionary12UnitedNationsDeclarationontheRightsofIndigenousPeoples,Article11
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Many indigenous communities asked for reparation because of the plundering of sacred burial
grounds. Many items that used to be on these grounds now is held by collectors both private
or public. There are some positive policies that have been taken by the governments of
Australia and Canada that is enabling the return of many objects to their first owners, however
unfortunately all over the world this continues to be a big problem.13
b) Access to lands, territories and the environment
With the definition of the Special Rapporteur made on cultural heritage, access and usage of
the lands that they historically own, is an essential element of cultural heritage for indigenous
people.14 The land rights of the indigenous people are often not recognized in many states and
some state or non-state factors can affect this non-recognition severely.
The creation of World Heritage sites or declaration of a land nature protected affects the
indigenous people in that region negatively. Creation of a special area means that there will be
some special rules that governing that area. These restrictions often are same with the cultural
heritage of the indigenous people and their activities, effectively blocking them to hunting,
gathering, farming or animal husbandry. These restrictions however are violating both
cultural and existence rights of indigenous people. 15 For example, the Ngorongoro
Conservation Area in Tanzania is a World Natural Heritage site and is very popular with
tourists.16 However, that area also hosts an indigenous group that does not benefit from the
profit that tourism brings in that area.
Another factor that invade the territories of indigenous peoples are the industries in these
various regions. Extractive industries, whose main work is extracting various raw materials
from the nature, often do irreversible damage to the natural heritage of the indigenous people.
13UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53(19August2015)14UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53(19August2015)15UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53(19August2015)16W.Olenasha,“AWorldHeritageSiteintheNgorongoroConservationArea”,S.DiskoandH.Tugendhat(eds.),WorldHeritageSitesandIndigenousPeoples’Rights,p.214
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Again, this violates the self-determination and existence rights of indigenous people and
requires a protection by governments. 17
c) Human rights violations
Being taken away from their traditions and their resources that are very crucial for indigenous
people’s survival and welfare, many of them forced to migrate, they live marginalized, in
poverty, in diseases and facing violence. In some extreme cases it goes even to the extinction
of an indigenous group.18
Many indigenous people do face discrimination and marginalization in their daily life. For
example, in Americas, indigenous women and men are usually underpaid, has lower levels of
life expectancy and education compared with the other citizens of the states. In all over the
world, the rates show that the indigenous people suffer more poverty, malnutrition,
landlessness, internal displacement, low level of literacy and lower levels of access to health
services. 19
There are many examples of the human right violations by the states. The human rights
situation of pastoralists in the Morogoro Region of Tanzania, for example, turned from bad to
worse towards the end of 2016 when indigenous peoples were evicted in several districts, as
the government pushes for the area to become a Game Controlled Area. The African
Commission on Human and Peoples’ Rights’ Working Group on Indigenous Populations sent
an urgent appeal to the President of Tanzania regarding the alleged arbitrary arrest and
detention without trial of pastoralist rights defenders and lawyers who had been actively
lobbying against the land grab in the Loliondo region.20 Eritrea is suffering from gross human
rights violations. A UN Commission of Inquiry published a landmark report in June 2016
which stated that the human rights situation in Eritrea amounted to crimes against humanity.
The UN Commission of Inquiry on Human Rights and the UN Special Rapporteur on the
Situation of Human Rights in Eritrea have made several observations on the rights of
indigenous peoples and emphasize the abuses committed against two minority ethnic groups,
the Afar and Kunama. Eritrea does not have any form of independent civil society
17UnitedNations,GeneralAssembly,Promotionandprotectionoftherightsofindigenouspeopleswithrespecttotheirculturalheritage:StudybytheExpertMechanismontheRightsofIndigenousPeoples,A/HRC/30/53(19August2015)18AmnestyInternatonal201719AmnestyInternational201720UNDRIP,TheIndigenousWorld2017
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organizations let alone organizations advocating for the rights of indigenous peoples. Claims
of indigeneity or other claims to group identity have never been officially acknowledged by
the Eritrean government. In Ethiopia, a further decline in the human rights situation took
place in 2016, worsened by the imposition of a six-month long state of emergency as of
October of that year. In 2016, under its Urgent Action Early Warning procedure, the CERD
considered the case of Ethiopia about arrests, mass killings and enforced disappearances in
Oromia and Amhara.21
d) Representation
Representation of the indigenous people can be considered in two levels: national and
international. In national level, it means the representation of them in the parliament of their
country. Out of 44,000 members of parliament (MPs) in the world today there are minimum
of 979 indigenous MPs, 80 percent of them being males.22
In international level it means representation in intergovernmental organizations, most notably
the United Nations. Building on the UN Declaration on the Rights of Indigenous Peoples
(UNDRIP) and various studies and proposals from indigenous peoples, the 2014 high-level
plenary meeting of the General Assembly, known as the World Conference on Indigenous
Peoples, undertook to “consider ways to enable the participation of indigenous peoples’
representatives and institutions in meetings of relevant United Nations bodies on issues
affecting them”23. There have been several notable and important steps taken and
documentation prepared between September 2014 and December 2016 to move forward the
political processes necessary for the General Assembly to consider a resolution enhancing
indigenous peoples’ participation in the United Nations.
Despite states’ acceptance of indigenous peoples’ right to participate in decision making and
the duty to create ways and means of guaranteeing their participation on issues affecting them,
indigenous peoples do not enjoy participatory rights on a par with the right to self-
determination within the United Nations. Indigenous peoples do not have participatory rights
equivalent to, or specific processes to enable their participation similar to, non-governmental
organizations (NGOs) in institutions especially relevant and important to them such as the
21UNDRIP,TheIndigenousWorld201722UNDPIssueBriefingonGovernanceandPeacebuilding,Enhancingparticipationandrepresentationofindigenouspeoplesinparliament,201423UNGeneralAssembly,2014,A/RES/69/2,paragraph33
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General Assembly, the Human Rights Council and the Economic and Social Council.
Moreover, as the Secretary-General has explained, it is difficult for indigenous peoples to
qualify as NGOs given that they are often, in fact, quite the contrary, and governing in nature
and also typically organize themselves differently as peoples, as compared to issue-focused
organizations.
6. Relevant International Treaties/Mechanisms
a. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
UNDRIP was adopted by the General Assembly in 2007 with a majority vote. 144 states were
in favour, 4 states were against (Australia, Canada, New Zealand, USA) and 11 states
abstained (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria,
Russian Federation, Samoa, Ukraine).24 After 9 years, in 2016, Canada officially withdrew its
objection.
Since it is adopted by the General Assembly, UNDRIP is not binding on the member states of
United Nations however it does create a framework and sets of standards for the treatment of
the indigenous people. It is one of the most important documents on the topic of indigenous
people.
b. United Nations Permanent Forum on Indigenous Issues (UNPFII)
UNPFII is the advisory body of the Economic and Social Council (ECOSOC) OF United
Nations. It was established with an aim to “deal with indigenous issues related to economic
and social development, culture, the environment, education, health and human rights.”25
UNPFII advises the other bodies of the United Nations through the Economic and Social
Council. They also try to increase the awareness on the topic and try to integrate and
coordinate events on indigenous issues within United Nations.
24UnitedNations,DivisionforSocialPolicyandDevelopment,IndigenousPeoples,https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html25UnitedNations,DivisionforSocialPolicyandDevelopment,IndigenousPeoples,PermanentForum,https://www.un.org/development/desa/indigenouspeoples/unpfii-sessions-2.html
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c. Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
EMRIP is a subsidiary body of the United Nations Human Rights Council (UNHRC) that was
established in 2007. EMRIP advises the member states and other UN bodies on the
implementation, protection and promotion of the United Nations Declaration on the Rights of
Indigenous Peoples. The body is composed of seven independent experts.26
d. UN Special Rapporteur on the Rights of Indigenous Peoples
In 2001, the Commission on Human Rights decided a mechanism that further reports and
promotes the rights of the indigenous peoples was necessary, therefore the position of the
Special Rapporteur was established. The Special Rapporteur;
• Promotes good practices, including new laws, government programs, and constructive
agreements between indigenous peoples and states, to implement international
standards concerning the rights of indigenous peoples;
• Reports on the overall human rights situations of indigenous peoples in selected
countries;
• Addresses specific cases of alleged violations of the rights of indigenous peoples
through communications with Governments and others;
• Conducts or contributes to thematic studies on topics of special importance regarding
the promotion and protection of the rights of indigenous peoples27.
e. UN Voluntary Fund for Indigenous Peoples
The fund was established after a General Assembly resolution in 1985 to assist the
participation of indigenous people in various UN committees. The funded is supported by
voluntary contributions of the member states of United Nations. 28
26UnitedNationsHumanRightsOfficeoftheHighCommissioner,ExpertMechanismontheRightsofIndigenousPeoples,http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx27UnitedNationsHumanRightsOfficeoftheHighCommissioner,SpecialRapporteurontherightsofindigeneouspeoples,http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx28UnitedNationsHumanRightsOfficeoftheHighCommissioner,UNVoulntaryFunforIndigeneousPeoples,http://www.ohchr.org/EN/Issues/IPeoples/IPeoplesFund/Pages/IPeoplesFundIndex.aspx
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7. Points that a Resolution Should Cover
§ How to promote the rights of indigenous peoples?
§ What should be done on the human rights violations specifically done to indigenous
peoples?
§ Does indigenous people should be given the right of restitution and reparation?
§ What should be done with the member states who is not complying with UNDRIP?
§ How can we include indigenous people more in the society?
§ Should the indigenous people who does not want to enter into society needs to be
forced?
§ How can we increase the education and health rates of indigenous peoples?
§ What should be done on the forceful seizing of indigenous lands by states and non-
state factors?
8. Recommended Readings
These are some readings that I believe would help you to both understand the topic and your
countries policies better.
§ United Nations Declaration on the Rights of Indigenous Peoples:
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
§ The Indigenous World 2017 by the International Work Group for Indigenous Affairs:
https://www.iwgia.org/images/documents/indigenous-world/indigenous-world-
2017.pdf (This also has individual country policies and events that is happening on
indigenous peoples of that country inside)