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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


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


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


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)


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


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


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


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


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


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


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


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)

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