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MODEL UNITED NATIONS OF BUCHAREST The 3 rd Annual Conference • April 30 - May 3, 2014 MAIN COMMITTEE IV BACKGROUND GUIDE

MAIN COMMITTEE IV - Model United Nations of Bucharest

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Page 1: MAIN COMMITTEE IV - Model United Nations of Bucharest

MODEL UNITED NATIONS OF BUCHAREST The 3rd Annual Conference • April 30 - May 3, 2014

MAIN COMMITTEE IV

BACKGROUND GUIDE

Page 2: MAIN COMMITTEE IV - Model United Nations of Bucharest

MODEL UNITED NATIONS OF BUCHAREST The 3rd Annual Conference • April 30 - May 3, 2014

Contents

Research and Preparation _______________________________________________________________________________ 1

Personal Descriptions _____________________________________________________________________________________ 2

What is MC IV? ____________________________________________________________________________________________ 4

TOPIC A –The status of Gibraltar __________________________________________________________________________ 5

TOPIC B –The situation concerning the self-determination of the people of Western Sahara ________ 17

Documents and Videos __________________________________________________________________________________ 20

Conclusion _______________________________________________________________________________________________ 21

Page 3: MAIN COMMITTEE IV - Model United Nations of Bucharest

MODEL UNITED NATIONS OF BUCHAREST The 3rd Annual Conference • April 30 - May 3, 2014

Page 1

Research and Preparation

The topics under discussion for MC IV are:

1. The status of Gibraltar.

2. The situation concerning the self-determination of the people of Western Sahara.

We hope you will find this Background Guide useful for a starting point regarding your preparation. It is

useful as it serves to introduce you to the topics for this committee. This guide is not intended to

represent exhaustive research on every facet of the topic. We highly encourage each delegate to

explore in-depth his country policy. You will find that your state has a unique position on the topics that

cannot be substituted by the opinions of another state.

In preparation of this conference, each delegation will have to submit a position paper. The position

paper should clearly outline the country’s policies on the topic areas to be discussed. Most importantly,

the position paper MUST be written from the point of view of the country you are representing at

MUNOB 2014.

The Background Guide is divided into some important parts that are to be covered by the delegates. In

the first part you will meet your team of chairs who will conduct the debates during the conference. In

the next part the MC IV will be introduced to you. Then, the two topics will be explained. The

explanation consists of a brief history and description of the topic. The next part will introduce you to

some questions which may represent the start of your position papers. Furthermore, at the end of the

guide, you will have many references, files and videos regarding these two topics. The references are

not mandatory, but they will led you to a precise understanding of the issues that are to be discussed.

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Personal Descriptions

H.E.

SARA EL HABASHI

H.E. GIULIA FALCHI

H.E. MATEI CRETU

Distinguished delegates,

My name is Sara El Habashi and I am so glad to chair the Special Political and Decolonization

Committee at MUNOB 2014.

MUNOB 2014 will be my 6th conference and the second time as a chair, my first time being at BIMUN

2014, but the first time as a member of the organization team as the Head of Housing and I have been

doing my best to make sure that you will have a wonderful stay in Bucharest. Going back to “no-

organization position”, I took part in 4 MUN as a delegate at: BIMUN’13, MUNOB’13, MUNOG 2013 and

last but not least S-MUNOB. I can say that MUNs represent one of my hobbies and I kind of became

addicted to them. What I love about these conferences is that you can meet so many people all over the

world and make new friends and discuss about the world’s problems and not only.

I am sure that we will make this committee the best of all and we will meet a lot of awesome people

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and have a great time.

Hi everyone! My name is Giulia Falchi, I am 20, a second year student in International and Diplomatic Sciences, at

the University of Trieste.

I love meeting new people, going out with my friends, travelling and playing sports, water-polo in particular. This

will be my first time as Chair, Iast year I went to Mostimun and Bimun (Serbia). I am very happy to get to know

this new experience in Bucharest, a town I have always wished to visit. I'm sincerely looking forward to having a

great time with you all! See you soon !

Hello!

I am really enthusiastic to participate at MUNOB, and to be a chair in Main Committee IV. My name is Matei and I

am studying at “Mihai Viteazul” National College in Bucharest. I really like the MUNs and I think, that we can earn

a lot of qualities from this kind of activities. I am a little bit nervous, since this is the first time as a chair for me,

but I hope that it will be great.

I am looking forward to meeting all of you, and I strongly believe that we can make this conference fun and

memorable.

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What is MC IV?

The Special Political and Decolonization Committee deals with a variety of subjects which

include those related to decolonization, Palestinian refugees and human rights, peacekeeping,

mine action, outer space, public information, atomic radiation and University for Peace.

The Main Committee IV plays a key role in coordinating the expansive United Nations system. While

researching MC IV, it is important to become familiar with the Council’s mandate and to take advantage

of its breadth when formulating resolutions.

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TOPIC A –The status of Gibraltar

Gibraltar is a British Overseas Territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. a northern border with the Province of Cádiz in Andalusia,Spain. At its foot is the densely populated city area, home to almost 30,000 Gibraltarians and other nationalities.

An Anglo-Dutch force captured Gibraltar from Spain in 1704 during the War of the Spanish Succession on behalf of the Habsburg pretender to the Spanish throne. The territory was subsequently ceded to Britain "in perpetuity" under the Treaty of Utrecht in 1713. It was an important base for the Royal Navy; today its economy is based largely on tourism, online gaming, financial services, and shipping.

The sovereignty of Gibraltar is a major point of contention in Anglo-Spanish relations as Spain asserts a claim to the territory. Gibraltarians overwhelmingly rejected proposals for Spanish sovereignty in a 1967 referendum and again in 2002. Under the Gibraltar constitution of 2006, Gibraltar governs its own affairs, though some powers, such as defence and foreign relations, remain the responsibility of the UK Government.

Status: Overseas territory

Government: British overseas territory

Representative democratic parliamentary dependency under constitutional

monarchy.

As a Special Member State territory of the United Kingdom.

Coins and sterling notes are issued by the Government of Gibraltar.

Unlike all other UK dependencies bar the British Indian Ocean Territory

Legislature: Gibraltar Parliament

Event Date -Captured: 4 August 1704

- Ceded: 11 April 1713

Governance

Gibraltar is a British overseas territory. The British Nationality Act 1981 granted

Gibraltarians full British citizenship.

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Under its current constitution, Gibraltar has almost complete internal democratic self-

government through an elected parliament elected for a term of up to four years. The head

of state is Queen Elizabeth II, who is represented by the Governor of Gibraltar. The governor

enacts day-to-day matters on the advice of the Gibraltar Parliament, but is responsible to the

British Government in respect of defence, foreign policy, internal security and general good

governance. Judicial and other appointments are made on behalf of the Queen in

consultation with the head of the elected government. All local political parties oppose any

transfer of sovereignty to Spain, instead supporting self-determination. The main UK

opposition parties also support this policy and it is UK Government policy not to engage in

talks about the sovereignty of Gibraltar without the consent of the people of Gibraltar.

Gibraltar is part of the European Union, having joined as a dependent territory of the UK in

1973 under what was then article 229(4) of the Treaty of Rome covering special member

state territories, with exemption from some areas such as the Customs union and Common

Agricultural Policy. The treaties relating to coal, steel, agriculture, and fisheries do not apply

simply because Gibraltar does not produce any of those resources. After a ten-year campaign

for the right to vote in European elections, since 2004 the people of Gibraltar have

participated in elections for the European Parliament as part of the South West England

constituency.

The United Nations Committee on Decolonization includes Gibraltar on the United Nations

list of Non-Self-Governing Territories.

Military

Gibraltar's defence is the responsibility of the United Kingdom tri-services British Forces

Gibraltar. In January 2007, the Ministry of Defence announced that the private company –

Serco – would provide services to the base. The announcement resulted in the affected trade

unions striking.

Political development in modern Gibraltar

The majority of the original Spanish population left Gibraltar following the Anglo-Dutch Capture of Gibraltar in 1704, taking with them the articles of the former Spanish

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administration. As a result, the current constitution and laws of Gibraltar reflect English common lawn Acts of Parliament.

In the 18th and 19th centuries, the remnants of the Spanish population were augmented by a settler population established as the British maintained a trading post alongside the military garrison. As the number of inhabitants continued to grow, they found their political and legal standing became dependent on individual Governors and their commitment to the development of a civilian society.

Gibraltar was unquestionably primarily a fortress and a colony second during the 18th century. During the 19th century, as Spain's power waned, the Napoleonic Wars reinforced the importance of Gibraltar as a fortress and Royal Navy base. It was officially declared a Crown colony in 1830.

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Development of the modern Government of Gibraltar

The outbreak of World War II in 1939 put an early end to the beginnings of self-government in Gibraltar. Gibraltar's strategic geographical position and the threat of bombing raids by the Axis powers led to the evacuation of the civilian population. Many were evacuated first to Morocco and later to the United Kingdom, others were taken to the Portuguese island of Madeira or the British colony of Jamaica. The evacuation led to conflicting emotions; on the one hand the experience of the Blitz strengthened British ties, whilst prejudice and racism encountered in the United Kingdom reinforced the sense of Gibraltarian identity. Spanish neutrality ensured Gibraltar was never the subject of a serious military threat but it led to the suspicion among evacuees that a deal had been done with the Fascist Dictator General Franco to return Gibraltar to Spain after the conflict.

The situation led to the founding of the Association for the Advancement of Civil Rights (AACR) in Gibraltar in 1942. AACR was instrumental in making the AACR a civil rights-based organisation inspired by an anti-colonial ideology. During the war the AACR received support from the then Governor General Mason-MacFarlane who encouraged the AACR to fulfil the representative role that the Committee of the Exchange and the Commercial Library used to fill. In 1945, the Colonial Office had offered a City Council with the same number of elected and nominated members. The AACR, along with the rest of representative bodies of Gibraltar declined the offer and asked for a majority of elected members. In April, the British authorities eventually gave way and a council where elected members outnumbered those nominated for the first time was established.

Decolonisation agenda in the United Nations

In the 1960s, the United Nations push for decolonisation meant that the issue of Gibraltar was raised at the UN. Spain successfully lobbied to have the situation with Gibraltar raised at the Special Committee on Decolonization. Gibraltar was represented at the UN by Joshua Hassan and Peter Isola who denied that Gibraltar was an oppressed society and emphasised that Gibraltarians wanted to retain a connection with the United Kingdom:

“Nothing could be further from the truth than to suggest that the people of Gibraltar are subjugated or exploited by a foreign power. ” —Sir Joshua Hassan

The British Government developed a two-pronged approach to the decolonisation of dependent territories that were then still part of the British Empire. It encouraged the development of self-government with the aim of granting independence to any territory that wanted it. For those territories that wished to continue an association with the United Kingdom it would work with the democratically elected representatives to define arrangements that would permit it. In the opinion of the British Government, the position with regard to Gibraltar was complicated by provisions in the 1713 Treaty of Utrecht that

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required the British to offer the territory to the Spanish crown if Britain were to relinquish it, which limited the options for independence. The Government of Gibraltar does not share this opinion but so far has opted to retain the link with the United Kingdom.

Sovereignty Referendum, 1967

In response to continued pressure from Spain at the UN and a 1966 proposal from Spain on the transfer of sovereignty, a referendum on sovereignty was held in 1967. The referendum presented the following choices:

(a) To pass under Spanish sovereignty in accordance with the terms proposed by the Spanish Government to Her Majesty's Government on 18 May 1966; or

(b) Voluntarily to retain their link with Britain, with democratic local institutions and with Britain retaining its present responsibilities.

The Special Committee on Decolonization was informed in advance of the referendum and invited to observe. The invitation was declined and instead the UN General Assembly passed Resolution 2353, which requested that the United Kingdom enter negotiations with Spain (then under the dictatorship of General Franco) and criticised the United Kingdom for holding a referendum. Resolution 2353 (XXII) was supported by seventy-three countries (mainly Latin American, Arab, African and Eastern European countries), rejected by nineteen (United Kingdom and the countries of the Commonwealth of Nations), while twenty-seven countries abstained (Western Europe and the United States).

The results of the referendum were emphatic, with a turnout of 95.67% Gibraltarians voted by 12,138 (99.64%) to 44 (0.36%) to remain under British sovereignty. The referendum is commemorated by Gibraltar National Day, celebrated annually on 10 September.

Gibraltar Constitution, 1969

As a response to the 1967 sovereignty referendum, the British Government moved to increase democracy in Gibraltar with a new constitution. Some in Gibraltar pushed for even closer integration, pressing for Gibraltar to be formally integrated with the United Kingdom. However, the British Government declined that option, seeking to avoid "innovations which might make the development of a more favourable Spanish attitude to Gibraltar less likely".. There was also opposition in Gibraltar as full integration would have resulted in a reduced role for the Government of Gibraltar.

The crucial feature of the 1969 Constitution for the Gibraltarians was the preamble to the Order in Council promulgating the Constitution, in its final form began:

“Whereas Gibraltar is part of Her Majesty’s dominions and Her Majesty’s Government have given assurances to the people of Gibraltar that Gibraltar will remain part of Her

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Majesty’s dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.”

It has been pointed out that this preamble has been the "single most significant statement made on the sovereignty of Gibraltar since the signing of the Treaty of Utrecht".[28] The 1969 Constitution remains the founding document for the Government of Gibraltar, it was modified in 2006 by the Gibraltar Constitution Order 2006.

Lisbon Agreement, 1980

The 1969 Constitution made it clear that the British Government would not impose a solution on the Gibraltarians and acknowledged their right to self-determination in their own political future.Franco continued to insist that Gibraltar was territorially integral to Spain and "in a fit of diplomatic pique" ordered the closure of the Gibraltar–Spain border in 1969. For the next 16 years Gibraltar was primarily reliant on an air-link with the United Kingdom for formal access to the outside world.

“It is also ironic that the actions taken by Francisco Franco and Spain completely destroyed any potential for winning over the population and gaining support in either Britain or Gibraltar for transfer of sovereignty to Spain... This natural tendency of the two populations to interact demonstrated the artificial division that had been created and continued to exist so long as Britain retained possession of Gibraltar.”

A diplomatic stalemate persisted until, following the death of Franco, Margaret Thatcher's government initiated a new political process that resulted in the Lisbon Agreement. The preamble stated:

“The British and Spanish Governments desiring to strengthen their bilateral relations and thus to contribute to Western solidarity, intend, in accordance with the relevant United Nations Resolutions, to resolve, in a spirit of friendship, the Gibraltar problem.”

Brussels Agreement, 1984

Spain's application to join the European Economic Community proved to be the key factor, as the United Kingdom linked Spain's membership with the opening of the border and threatened to veto the application. The agreement clarified and reactivated the earlier Lisbon Agreement, which had been subject to widely differing interpretation that had complicated Anglo-Spanish relations and delayed the full opening of the border.Under the Agreement, the United Kingdom and Spain would hold talks over Gibraltar, with the British prepared to negotiate on sovereignty. The Agreement was vocally criticised in Gibraltar as although the Government of Gibraltar was invited to participate, it was only as part of the

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United Kingdom delegation.[39] Another major deficiency from the Gibraltar perspective was that it did not allow for the discussion of differences between Gibraltar and Spain. The Agreement was also criticised by Gibraltarian politicians as the Gibraltar delegation was expected to form part of:

“the delegation of the colonising power from which it seeks in its own decolonisation.”

In the key 1988 election, the Gibraltar Socialist Labour Party (GSLP) called for self-determination, expressed its opposition to the negotiations over the sovereignty and future of Gibraltar between Spain and the United Kingdom, and opposed to any transfer of sovereignty to Spain.[40] It also asked for the withdrawal of the negotiations on the Brussels Declaration and opposed to the Airport Agreement. The key points of the Brussels Agreement were:

Provision of equality and reciprocity of rights for Spaniards in Gibraltar and Gibraltarians in Spain.

The establishment of the free movement of persons, vehicles and goods between Gibraltar and the neighbouring territory.

The establishment of a negotiating process aimed at overcoming all the differences between Spain and the United Kingdom over Gibraltar.

Evolving relationship with the United Kingdom

The relationship between the United Kingdom and Gibraltar had always revolved around the need for Gibraltar as a British military base in the Mediterranean. In the 1980s, the United Kingdom continued to reduce its military commitments overseas and the military base in Gibraltar began to be downsized. Whereas previously 60% of the economy of Gibraltar depended upon the military base, this had reduced to less than 10% by 2004. The economy diversified into financial services and tourism and as dependence on the United Kingdom decreased.

“The 1980s and 1990s were a political and cultural watershed for Gibraltar. The idea of a loyal Gibraltar just waiting to see what its imperial master decided with regard to internal policies and external relations was well and truly relegated to the past.”

Whilst the full lifting of border restrictions in 1985 was significant and Spain transformed itself from a fascist state to a democracy, the legacy of Gibraltar's isolation by Franco continued to cast a shadow. Gibraltarian politicians and general public continued to distrust Spanish intentions, particularly whilst Spain refused to recognise the Government of Gibraltar as a competent authority and continued to pursue confrontational policies.

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Developments in the 21st century

“The UK Government’s policy towards its Overseas Territories rests on the basis that it is the people of each territory who determine whether they wish to stay linked to the United Kingdom. The established policy of successive UK governments has been to give every help and encouragement to those territories which wish to proceed to independence, where it is an option.”

White Paper, 1999

British Overseas Territories or BOTs are not constitutionally part of the United Kingdom, rather they have separate constitutions set out in Orders in Council. [48] Whilst the constitutions promote self-government through elected Governments the United Kingdom has retained certain reserve powers. Previously constitutions were largely driven by the British Government, in 1999 the Government set out a White Paper to continue modernising the relationship with the United Kingdom and its Overseas Territories. The White Paper:

“set out a “new partnership” between Britain and its Overseas Territories, based on four principles: self-determination, with Britain willingly granting independence where it is requested and is an option; responsibilities on both sides, with Britain pledged to defend the Overseas Territories, to encourage their sustainable development and to look after their interests internationally, and in return expecting the highest standards of probity, law and order, good government and observance of Britain’s international commitments; the Overseas Territories exercising the greatest possible autonomy; and Britain providing continued financial help to the Overseas Territories that need it.”

Demonstration of Gibraltarians against the joint-sovereignty proposals in 2002

Whilst proposing constitutional reform, the British Government conducted secret talks with their Spanish counterparts under the framework established by the 1984 Brussels Agreement. These culminated in 2002 with an announcement by the then Secretary of State for Foreign and Commonwealth Affairs Jack Straw in the Houses of Parliament that both countries had agreed to share sovereignty over Gibraltar, provided that the Gibraltarians consented. The proposals received a hostile reception on the Rock and were resoundingly rejected in a second sovereignty referendum. The referendum asked Gibraltarians the following question:

“On the 12th July 2002 the Foreign Secretary, Jack Straw, in a formal statement in the House of Commons, said that after twelve months of negotiation the British Government and Spain are in broad agreement on many of the principles that should underpin a lasting settlement of Spain's sovereignty claim, which included the principle that Britain and Spain should share sovereignty over Gibraltar.

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Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar?”

To deflect any potential criticism of the referendum, the Government of Gibraltar invited a panel of distinguished observers headed up by Gerald Kaufman, MP. Their published report confirmed that:

“The observers were extremely impressed with the organisation of the referendum and particularly welcome that the role of the observers was integral to the process, as distinct from the more passive role of observers in other elections. The meticulous way in which votes were counted exceeded requirements and went beyond requirements adopted for UK elections”

Nevertheless, the referendum was roundly condemned in Spain. For his part Jack Straw described the decision of the Government of Gibraltar to hold its own referendum on the prospect of shared sovereignty with Spain as "eccentric". With a turnout of 87.9%, Gibraltarians voted by 17,900 (98.48%) votes to 187 (1.03%) to reject shared sovereignty and there has been no further discussion on the subject. In his evidence to the Parliament of the United Kingdom Foreign Affairs Committee in 2008, Jim Murphy MP, Minister of State for Europe, stated:

“The UK Government will never — "never" is a seldom-used word in politics — enter into an agreement on sovereignty without the agreement of the Government of Gibraltar and their people. In fact, we will never even enter into a process without that agreement. The word "never" sends a substantial and clear commitment and has been used for a purpose. We have delivered that message with confidence to the peoples and the Governments of

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Gibraltar and Spain. It is a sign of the maturity of our relationship now that that is accepted

as the UK's position.”

Gibraltar Constitution Order, 2006

To examine proposals for constitutional reform stemming from the 1999 White Paper, a cross-party committee of the Gibraltar House of Assembly was set up to consult with interested parties and in January 2002 produced a report, which was subsequently debated and negotiated with the United Kingdom. The proposals for the reform were accepted by the Foreign and Commonwealth Office in March 2006 and unanimously approved in the Gibraltar House of Assembly in October.

The proposed constitution had been negotiated with the British Government by a delegation representing Gibraltar, comprising inter alia its Government, and Opposition.

Among changes introduced by the new constitution were:

o Renaming the House of Assembly to the Gibraltar Parliament. o Renaming "Members of the House of Assembly" to "Members of Parliament" (MPs). o Removal of the two remaining unelected members of the House of Assembly. o Increasing the number of elected representatives from 15 to 17, with the parliament

able to legislate to increase this number. o Decreasing the Governor's powers, and transferring some of these to elected officials. o Modernisation of the relationship between Gibraltar and the United Kingdom,

without affecting the issue of sovereignty. o A bill of "fundamental rights and freedoms" enshrined in the constitution.

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A referendum on the proposed new constitution order was held on 30 November 2006. The motion proposed and approved was:

In exercise of your right to self-determination, do you approve and accept the proposed new Constitution for Gibraltar? YES NO

60.24% of votes cast were For the order and 37.75% of votes were Against. Although the proposed constitution had the support of all political parties a significant "No" movement emerged. Although reasons were diverse there were two aspects to objections; firstly the commitment to retaining British sovereignty was seen to not be sufficiently secure, secondly the new constitution was deemed not advanced enough in allowing the exercise of the right to self-determination. Joe Bossano, Leader of the Opposition, criticised the failure to phrase the preamble in a way that supported the maximum possible level of self-government.

As a result, the Gibraltar Constitution Order 2006 was approved, and came into force on 2 January 2007.According to the British Government, it aimed to provide a modern and mature relationship not based on colonialism between Gibraltar and the United Kingdom.

Cordoba Agreement, 2006

Also in 2006, after nearly two years of talks the Governments of Spain, the United Kingdom and Gibraltar signed a historic tripartite agreement, giving a voice to Gibraltar in talks between the United Kingdom and Spain for the first time. The Cordoba Agreement (also known as the Cordoba Accord or the Tripartite Agreement) stemmed from an initiative by the incoming Spanish socialist Government in 2004, which proposed a "Forum of Dialogue", in which for the first time Gibraltar would take part as an independent third party. The Agreement was signed by Spanish Foreign Minister Miguel Ángel Moratinos, British Minister for Europe Geoff Hoon and Gibraltar's Chief Minister Peter Caruana. The key agreements were:

Flights between Spain and Gibraltar; More phone lines into Gibraltar; Lifting of limits on dialling Gibraltar from Spain and mobile roaming in Spain for

Gibraltar mobile phones; Dispute over pension payments to Spaniards who once worked in Gibraltar resolved; Spain promised to reduce its border controls and ease movement across the frontier;

The Agreement also established the "Tripartite Forum", with regular dialogue between the three parties. The Agreement has not been without criticism. Spanish newspaper El Mundo reported it as "a shameful moment in Spain's history” and Gibraltar's Panorama criticised the talks due to Moratino's role in the controversy of Gibraltar's territorial waters. The

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forum was designed to facilitate dialogue on a number of issues, putting the sovereignty issue to one side. An independent appraisal by Peter Gold concluded that "given the fundamental differences in the ultimate objectives of the Forum participants and in particular Spain's sensitivity to Gibraltar's status, the agreements may only prove to be a means of managing the Gibraltar 'problem' rather than resolving it." Spain has continued to insist it will only discuss sovereignty with the United Kingdom and not as part of the Tripartite Forum.

Current Government of Gibraltar

The role of the Governor of Gibraltar is mainly symbolic as the representative of the head of state, Queen Elizabeth II. With each successive constitution the role of the Governor has been reduced. Under the current constitution, the Government of Gibraltar is responsible for all matters except defence, foreign policy, internal security and the judiciary. Formally defence, foreign policy and internal security are the responsibility of the Governor; judicial and other appointments are also made by the Governor on behalf of the Queen in consultation with the Chief Minister.

The Gibraltar Police Authority is responsible for internal security and policing in Gibraltar. It is independent of the Parliament and is composed of a Chairman and seven members acting on the advice of the Specified Appointments Commission, together with one member appointed by each of the Governor and Chief Minister. Reflecting English Common Law and Acts, Gibraltar has had an independent judiciary and Supreme Court of Justice since the 1830 Charter of Justice. Gibraltar remains dependent upon the United Kingdom for foreign relations and defence.

The political development of modern Gibraltar has often been hampered by its role as a fortress and the relationship between the United Kingdom and Spain but from the 1960s onward there has been an important change in the political and cultural profile of Gibraltar. Whilst the connection with the United Kingdom remains significant, Gibraltar has attained a highly developed but unquestionably differentiated political voice

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TOPIC B –The situation concerning the self-determination of the people of Western Sahara

1. General information

Western Sahara is a disputed territory between the Kingdom of Morocco and the Polisario Front. It is listed by the United Nations, as a non-decolonized territory and is thus included in the United Nations List of Non-Self-Governing Territories. Since the Madrid Accords of 1975, a part of Western Sahara has been administered by Morocco as the Southern Provinces. Another section, the Liberated Territories,is administered by the Polisario Front. Mauritania administers temporally the western half of the Ras Nouadhibou Peninsula. A UN-monitored cease-fire has been in effect since September 1991.

In order to resolve this issue, the UN has attempted to hold a referendum through the mission United Nations Mission for the Referendum in Western Sahara, and is holding direct talks between the Kingdom of Morocco and the Polisario Front.

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2. Positions of the main parties

Kingdom of Morocco:

The official position of the Kingdom of Morocco since 1963 is that all of Western Sahara is an integral part of the kingdom. The Moroccan government refers to Western Sahara only as the "Sahara", "Moroccan Sahara", "Saharan provinces", or the "Southern Provinces".

Polisario Front / Sahrawi Arab Democratic Republic:

The Polisario Front is described by itself and its supporters as a national liberation movement that opposes Moroccan control of Western Sahara, whilst it is considered by Morocco and supporters of Morocco's claims over the Western Sahara to be a separatist organisation. It began as a movement of students who felt torn between the divergent Spanish and Moroccan influences on the country.

Algeria:

Supports the right o the Sahrawi people to self- determination Morocco's position is that Algeria is part of the conflict and uses the Sahara issue for

geopolitical interests that date from the Cold War, claiming that this country in its official communication to the United Nations "presents itself sometimes as 'a concerned party', other times as an 'important actor,' or as a 'party' in the settlement of the dispute".

Spain:

In 2011, they called for a U.N. committee to evaluate the security situation in the Polisario-international aid there.

Arab League:

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Morocco's expansionist ambitions caused strains, including a temporary rupture of relations with Tunisia. The Moroccans have been more successful regarding the Western Sahara. Unlike the Organization of African Unity which has strongly backed Western Sahara's right to self-determination, the Arab League has shown little interest in the area.

3. Principle of Self-Determination

Every people had the right to select its own form of government, to "choose the sovereignty under which they shall live," and thus be free of alien masters.Although there was initially disagreement as to who precisely is the "self" to which the right of self-determination refers, the Versailles Peace Conference linked self-determination with the "principle of nationalities," or an ethnographic view of the "self."

U.N. General Assembly resolutions 1514 and 1541 set out three means by which a territory could achieve self-government.

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Documents and Videos

TOPIC A

http://en.wikipedia.org/wiki/Political_development_in_modern_Gibraltar

http://en.wikipedia.org/wiki/Disputed_status_of_Gibraltar

http://en.wikipedia.org/wiki/Special_Committee_on_Decolonization

https://www.un.org/en/decolonization/

http://www.un.org/en/decolonization/specialcommittee.shtml

TOPIC B

http://www.meforum.org/2400/western-sahara-self-determination

http://www2.nycbar.org/pdf/report/uploads/20072264-WesternSaharaDispute--

SelfDeterminationMoroccosLegalClaims.pdf

http://en.wikipedia.org/wiki/Political_status_of_Western_Sahara

http://en.wikipedia.org/wiki/Western_Sahara_conflict

http://www.pambazuka.org/images/articles/551/Roger%20S.%20Clark-

%20Western%20Sahara%20and%20the%20United%20Nations%20Norms%20on%20S

elf-Determination%20and%20Aggression%20%20.pdf

http://assembly.coe.int/ASP/XRef/X2H-DW-XSL.asp?fileid=17281&lang=en

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Conclusion

We hope to have given you a good first overview about the course of events at our commission and the

topics we will approach. Obviously, the topics could not be covered entirely so it is your responsibility

to research and study for yourself to grasp them in their whole complexity. But we are confident you

will take this task and adequately prepare yourself for the MUNOB 2014 MC IV, as we are looking

forward to welcome enthusiastic delegates, willingly to make this conference a memorable experience

for every single one of us.

Once again, if you have any kind of questions or problems, do not hesitate to contact us under:

[email protected]

[email protected]

[email protected]

We will answer as fast as possible and do our best to help you out.

We are looking forward to an interesting, successful and entertaining MUN and we will happily

welcome you to spend a great MUNOB experience with us from April 30th to May 3rd!

Yours sincerely,

Sara,Giulia and Matei