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COMMITTEE: THIRD COMMITTEE OF THE GA (SOCHUM)
TOPIC AREA A: PRESERVING THE SOCIO-CULTURAL PRACTICES OF
RELIGIOUS AND ETHNIC MINORITIES.
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Welcome Letter
Dear SOCHUM,
It is our pleasure to welcome you to the 2015 edition of BISMUN in Bucharest, and to
welcome you to SOCHUM. Rather fittingly for a committee, which has to deal with a
wide range of global and cross-cultural issues, both of us have very different, and
very diverse, backgrounds. Nikos comes from and studies in Thessaloniki in Greece,
for instance, and I (Jack) come from Canada but study in the UK, after having lived in
North America, Europe, Australia and Southeast Asia. Our intellectual interests are
similarly diverse, although centred on the humanities – Nikos is mostly concerned
with Political Science (very appropriate for Model UN!) whereas I specialise in the
somewhat more unorthodox field of Social Anthropology.
Both of the topics, which will be considered at SOCHUM – the integration of ethnic
and religious minorities and the advancement of LGBTQ (or LGBT+) rights – are
ones pertinent to many of us living not only in Europe but around the globe. Each in
particular highlights a general dichotomy between the general and the particular,
which has often driven debate on such global issues – both topics to this end ask the
question of whether we should tackle each as a united humanity or as a diverse range
of (somewhat incompatible) cultures.
This is very much in keeping with the general theme of the conference, concerning
world peace, as this topic deals with the same question: can we come together in
peace and harmony, or do we simply have to agree to disagree? This question is of
particular pertinence for SOCHUM, a committee concerned primarily with Human
Rights and other humanitarian issues. Are the core values of human rights at the heart
of documents such as the UN Charter and the Universal Declaration of Human Rights
as ‘universal’ as they claim to be, or are they socio-culturally contingent as regional
and state-level actors might often proclaim them to be? We look forward to getting
somewhere towards finding the answer with all of you.
See you soon!
Jack Smith and Nikos Sotiriou
Introduction to SOCHUM
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Established as the Third Committee of the UN General Assembly, the Social, Cultural
and Humanitarian Committee (referred to hereafter as SOCHUM) has a relatively
distinct mandate, when compared to the other three of the ‘first four’ General
Assembly committees. According to the United Nations itself, SOCHUM “discusses
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 selfdetermination” with the committee also being concerned with “youth, family, ageing,
persons with disabilities, crime prevention, criminal justice, and international drug
control”.
Perhaps the most important concern of SOCHUM, however, and that which sets it
apart from other General Nations sub-committees, is its concern with human rights.
Of particular note is the close amount of cooperation mandated between SOCHUM
and the UN’s Human Rights Council (HRC). As an organization predating the
establishment of the HRC in 2006, SOCHUM both examines “reports of the special
procedures of the Human Rights Council” and “interact[s] with” individuals”
connected to the HRC. At the 68th Session of the General Assembly, for instance,
“more than half” of the resolutions submitted to the committee concerned this issue
alone.
I.
INTRODUCTION
In the eighteenth and nineteenth centuries with the creation of nation States the
matter of preserving the social and cultural practices of non-dominant groups
ascended, thus emerging religious and ethic differences between them. Thereafter, the
international community has addressed the minority issue numerous times. The
protection of the rights of minority groups seems to be for many decades a hotly
debated issue, which has been long established on the negotiating table. Since the
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existence of the League of Nations, the need for recognition and protection of
minority rights under international law began through the adoption of several
“minority treaties” safeguarding the rights of minorities. With the end of World War
II and the establishment of the United Nations, the legal framework has been
expanded and developed a number of norms, actions and mechanisms dedicated to
resolve the minority issue.
Minorities because of being to a non-dominant social, economic and political
position often experience violence by the majority, due to their different ethnicity,
culture, religion or language. In their struggle to sustain their socio-cultural practices,
minorities are frequently inadequately equipped to defend themselves and their rights
and are poorly protected against violence by government actors, which may not
include members of minorities. The institutional and legislative environments, both at
national and international level, do not provide the necessary legal and practical
protection, in order to firstly guarantee the existence and the living conditions of the
minorities and secondly, anticipate a possible attack and establish appropriate
penalties.
Ipso facto, the existence of multiple minorities in every country of the world
generates the necessity for the promotion and protection of minority rights, bringing
the attention to major issues regarding the minority issue. The most notable ones are
the recognition of minorities’ existence, actions against their discrimination, the
promotion of multicultural and intercultural education in a national and local level,
the promotion of their participation in all aspects of public life.
Violence against minorities throughout the world demonstrates that these groups are
at risk and must be protected. In many cases violence against minorities has been
treated with impunity, which can only fuel further violence. History has shown that
impunity has led to a large scale of mass atrocities committed against minority
groups. A modern example and, simultaneously an international failure, is the
Rwandan genocide. Moreover, minorities around the world are also often victims of
armed conflicts leading them to become refugees and internally displaced persons.
National or ethnic, religious minorities are also victims of multiple discrimination.
Many states fail to treat equally minority groups and discriminate against them or
their member through the government and social practices or even through their
national legislation.
As the years go by, issues regarding the protection of minorities, have gained more
attention and progress, in a theoretical level of approach. Examples of this theoretical
approach are the Council of Europe, OSCE and the relevant action of the United
Nations and the European Union. «The ‘’more theory than action’’ framework reveals
that the lack of central international governing system, the inadequacy of
international law framework and simultaneously having nationalism being the
dominant ideology which results in the inability to protect minorities and their rights.
Consequently, one of the substantial problematic of the international community is
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the fundamental concern to identify ways of enhancing the effectiveness of
International Law in general and international human rights law in particular, in
tackling the complexities of the minority question. The notion of national minority is
becoming more comprehensive, progressively expanding to new minorities under the
influence of International Law.»1
However, even if member states are continuously discussing over the rights of
minority groups, they have failed to reach not only unanimity but also a stable, fair
and feasible solution. The apples of discord seem to be many, the most important of
which though is the process of defining what a minority is.
II.
DEFINITIONS
A. Minority Definition
«As minority one can define that it is a non dominant group of citizens of a
state that are usually numerically less and have different ethnic, religious
or linguistic characteristics than the majority of the population, that are
aware of having a different identity and are willing to prevail it. They are
supporting each other, have common will for survival and aim at the
substantial and legal equality of rights with the majority.»2
B. Who are minorities under the international law?
There is no internationally agreed definition as to which groups of people
constitute minorities. This difficulty derives from the variety of situations
in which minorities live. Although this absence, the term minority as used
in the United Nations human rights system usually refers to national or
ethnic, religious and linguistic minorities, as it has been adopted by
consensus in 1992 at the United Nations Minorities Declaration.
According to the definition offered in 1977 by Francesco Capotorti,
Special Rapporteur of the United Nations Sub-Commission on Prevention
of Discrimination and Protection of Minorities, a minority is:
“A group numerically inferior to the rest of the population of a State, in a
non-dominant position, whose members being national of the State, posses
ethnic, religious, or linguistic characteristics differing from those of the
rest of the population and show, if only implicitly, a sense of solidarity,
1 http://aripd.org/journals/jswhr/Vol_2_No_1_March_2014/18.pdf
2
M.KOPPA, ‘’Minorities in post-communist Balkans: central policies-minorities reactions’’, IDIS Library,
Athens, 1997
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directed towards preserving their culture, traditions, religion or
language.”
In the above definition the nationality parameter has been often
questioned. It is obvious that, the requirement to be in a non-dominant
position remains important. As a matter of fact, not all the minorities fulfill
the requirement of being in a non-dominant position. For instance a
minority group can be a numerical majority but simultaneously can find
itself in a minority-like or non-dominant position, such as Blacks under the
apartheid regime in South Africa.
In addition, in order to fulfill the criteria of characterizing a minority, it is
now commonly accepted that recognition of a minority status is not solely
for the State to decide, but should be based on the will of the members of a
minority to preserve their own characteristics and the wish of the
individuals concerned to be considered part along with certain
requirements listed in the Capotorti definition.
Canada’s Jules Deschenes to the Sub-Commission in 1985 submitted a
revised version based on the Capotorti definition:
‘’A group of citizens of a State, constituting a numerical minority and in a
non- dominant position in a State, endowed with ethnic, religious or
linguistic characteristics which differ from those of the majority of the
population, having a sense of solidarity with one another, motivated, if
only implicitly, by a collective will to survive and whose aim is to achieve
equality with the majority in fact and in law.’’3
C. Religious Minorities
According to the UN Special Rapporteur on Prevention of Discrimination
and Protection of Minorities, a religious minority refers to groups which
profess and practice a religion different from the majority of the
population. A group’s recognition as a minority should meet the
requirements set by the definition cumulatively. Minorities should not
comprise more than 50% of the State’s population for the quantitative
criterion to be fulfilled.
D. Ethnic Minorities
“A group within a community which has different national or cultural
traditions from the main population.”4 In order to be characterized as an
3
UNDOC E/CN.4/ Sub.2/1985/31
Dr Patrick Thornberry, A Minority Rights Group Report ‘’Minorities and Human Rights Law’’ , 1991 pg. 7
4
http://www.oxforddictionaries.com/definition/english/ethnic-minority
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ethnic, the minority must differ from the majority of the population due to
their independent culture and history. In this context, ethnicity is not
limited to “biological, physically recognizable or genetic features”, rather
it encompasses “cultural and historical elements”. Ethnic minorities in
order to fully and effectively enjoy, maintain and develop their own
culture, they must be guaranteed some minimum level of cultural
autonomy.
III.
RIGHTS OF MINORITIES
In order to safeguard the existence of minorities, which undoubtedly play an
important role to the shaping of the national and international human rights system,
the international community has established a protective umbrella under which the
rights of minorities are enlisted and protected. More specifically, minority groups
enjoy the right to exist and land on a state’s territory despite having their own
characteristics such as language, culture, religious, tradition or origin. In other words,
minorities enjoy the right to practice their religious or cultural costumes and tradition
both in private and in public life without any arbitrary state interference. Not only
that, but minority groups are considered to be part of the state in which they land;
hence their members enjoy the right to participate equally to all decision-making
processes and to the social, religious, economic, political and public life.
However, one of the most important rights of a minority group is the right to establish
and maintain their own associations. The importance of this right lies on the fact that
it allows all members belonging to a minority group gather and unite through the
creation of their own association. This, along with their freedom to equally participate
in the proceedings of the society and the public life as a whole, offers them the
opportunity to organize their actions, demonstrate their beliefs and tradition, attract
new members and promote their rights. Last but not least, through the right to
assembly and association , minority groups can freely exercise their human rights in
community and as a result enjoy enhanced protection as regards state interference and
restrictions to their rights.
A. OBLIGATION OF THE STATES
The member states hosting minority groups on their territory should focus on the
protection and enhancement of their rights aiming at the preservation of their culture
and identity and consequently at their mere existence. For these reasons:
1. “States shall take measures where required to ensure that persons
belonging to minorities may exercise fully and effectively their
human rights and fundamental freedoms without any
discrimination and in full equality before the law”
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2. “States shall take measures to create favorable conditions to
enable persons belonging to minorities to express their
characteristics and to develop their culture, language, religion,
traditions and customs, except where specific practices are in
violation of national law and contrary to international standards.”
3. “States should take appropriate measures so that, wherever
possible, persons belonging to minorities may have adequate
opportunities to learn their mother tongue or to have instruction in
their mother tongue.”
4. “States should, where appropriate, take measures in the field of
education, in order to encourage knowledge of the history,
traditions, language and culture of the minorities existing within
their territory. Persons belonging to minorities should have
adequate opportunities to gain knowledge of the society as a
whole.”
5. “States should consider appropriate measures so that persons
belonging to minorities may participate fully in the economic
progress and development of their country.”
B. Overview of International Legal Documents on Minority Rights:
INTERNATIONAL LEGAL INSTRUMENTS
Minority Rights embody two separate perceptions: On the one hand, normal
individual human rights as applied to every individual and in our case to the
members of racial, ethnic, religious minorities and on the other hand,
collective rights accorded to minority groups. Collective Minority Rights are
mentioned on relevant documents of United Nations, the Council of Europe,
the OSCE and the EU. Some of these are legally binding for countries that
acceded/ratified them, others are meant for inspiration and express good will
and intentions. The most notable are the following:
1) International Covenant on Civil and Political Rights
Organization: United Nations
Legally Binding: Yes
Art. 27 – “In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use their own
language.”
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2) Declaration on the Rights of Persons belonging to National or Ethnic,
Religious and Linguistic Minorities
Organization: United Nations
Legally Binding: No
Art. 1(1) – “States shall protect the existence and the national or ethnic,
cultural, religious and linguistic identity of minorities within their
respective territories and shall encourage conditions for the promotion of
that identity.”
3) Framework Convention for the Protection of National Minorities
Organization: Council of Europe
Legally Binding: Yes
Art. 4(1) – “The Parties undertake to guarantee to persons belonging to
national minorities the right of equality before the law and of equal
protection of the law. In this respect, any discrimination based on
belonging to a national minority shall be prohibited.”
Art. 4(2) – “The Parties undertake to adopt, where necessary, adequate
measures in order to promote, in all areas of economic, social, political,
and cultural life, full and effective equality between persons belonging to a
national minority and those belonging to the majority. In this respect, they
shall take due account of the specific conditions of the persons belonging
to national minorities.
4) European Charter for Regional or Minority Languages
Organization: Council of Europe
Legally Binding: Yes
5) Copenhagen Document
Organization: Organization for Security and Co-operation in Europe
(OSCE)
Legally Binding: No
The document states that belonging to a national minority is a “matter of a
persons individual choice.” Copenhagen went much further than existing
documents in providing an entire catalogue of minority rights and
committing participating States to protect the right of ethnic, cultural,
linguistic and religious minorities living on their territory.
6) Charter of Fundamental Rights
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Organization: European Union
Legally Binding: Yes
Art. 21(1) – “Any discrimination based on any ground such as sex, race,
color, ethnic or social origin, genetic features, language, religion or
belief, political or any other opinion, membership of a national minority,
property, birth, disability, age or sexual orientation shall be prohibited.”
IV: POINTS THE COMMITTEE SHOULD ADDRESS
A) THE IMPORTANCE OF PRESERVING
Respect for human rights in a country counts as a measure for democracy. Α
characteristic of a democratic society is the respect of individual identities of different
cultures and practices that exist within the society.
 By promoting multiculturalism, can the preservation of socio-cultural
practices of ethnic and religious minorities take place?
B) WHY AND HOW STATES
The two most crucial issues that should be addressed:


Do some countries need an integrated strategy, in order to make the generous
standards that are provided in the international law applicable in practice?
Can minority issues be seen only as an issue of legal framework or just
political will? Is a potential conflict caused by links between ethnicity and
economic transition, as well as regional underdevelopment?
In addition, even the most advanced legal framework will not say too much about the
actual situation of the minorities and about the inter-ethnic relations in a given
country – as big gaps can be identified between standards and practice almost
everywhere in the region.
 Can and should governments be held accountable for the installation of a legal
and institutional framework for minorities within the state under their
obligations?
USEFUL LINKS
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http://www.britannica.com/EBchecked/topic/384500/minority
http://www.ohchr.org/EN/Issues/Minorities/Pages/MinoritiesIndex.aspx
http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx
http://www.ohchr.org/EN/HRBodies/HRC/Minority/Pages/Session7.aspx
http://www.un.org/documents/ga/res/50/ares50-180.htm
http://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf
http://www.ohchr.org/EN/NewsEvents/Minorities2012/Pages/minorityrights2012.asp
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