UNCHR Democratic Republic of the Congo Position Papers

COMMITEE: United Nations High Commissioner for Refugees
QUESTION OF: Palestinian Right of Return
Submitted by: Democratic Republic of the Congo
Position Paper

The United Nations High Commissioner for Refugees,

Bearing in mind that in the late 1800s European Jews began a movement called Zionism. Zionism called for Jews to set up their own country or homeland in Palestine, which was under the Ottoman rule. After World War I thousands of Jews moved to the area, which became a British mandate in 1920. Arabs already living in Palestine felt threatened and became angry at the growing Jewish presence there. After World War II Britain withdrew from Palestine In 1948. Hundreds of thousands of Arabs left Palestine after Israel declared its independence in 1948. Most settle in the West Bank, Gaza Strip, and neighboring Arab countries such as Jordan. Palestinians are the largest and most long-suffering refugee population in the world today. Based on the UN Charter, article 74.b that states: " Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;" Israeli’s border closures have had serious economical-social consequences on Palestinians that appear to be worsening each day. Israeli barrier causes serious humanitarian and legal problems and goes far beyond what is permissible for an occupying power. Much of the land cut off by the West Bank barrier is land with good access to a major aquifer, which Palestinians depend for 30% access to water. In addition to its immediate impact on freedom of movement, the wall and the associated restrictions of movement significantly undermine the enjoyment of a host of other fundamental human rights. The barrier has many effects on Palestinians such as road closures, loss of land, increased difficulty in accessing medical services in West Banks and Gaza strip that are the refuge of the Palestinians, and restricted percentage of water from the Jordan River that is one of the main water sources. Israel has the right to take necessary measures to protect the security of its citizens and its borders from attacks by Palestinian terrorist groups, but it must do so in accordance with international law, including the law of occupation and it must do it without hurting civilians. There are more than 5.7 million Palestinians registered as refugees by United Nations Relief and Works Agency (UNRWA). Palestinian refugees live in many countries, but over 1.2 million of them remain confined to refugee camps. In the Israeli-occupied West Bank, 30 percent of the population is registered refugees from other parts of Palestine, and in the occupied Gaza Strip this number is 78 percent, Gaza has one of the highest population densities on earth with almost 3,000 residents per square kilometer. Palestinian refugees, like all refugees, have an internationally recognized right to return to their homeland, and their historical and religious places . The right of return is guaranteed to refugees by the Universal Declaration of Human Rights (UDHR) which, in Article 13, that states: “Everyone has the right to leave any country, including his own, and return to his country,” and by the Fourth 1949 Geneva Convention among many other basic human rights instruments. Following their expulsion in 1948, it was specifically applied to the Palestinian refugees through UN Resolution 194, which demands that “the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property.”. For Palestinians the recognition of the right of return is an essential element of reconciliation with Israel and a just resolution to the conflict. The Democratic Republic of Congo indentifies with the Palestinians, because the country had to face a series of obstacles to achieve its so dreamed independence as Palestine, and it also would like to express its support to the Palestinians.


Democratic Republic of Congo

Committee: United Nations High Commissioner for Refugees
Question of: Improvement of the Conditions of Darfur Refugees
Submitted by: The Democratic Republic of Congo
Position Paper

The United Nations High Commissioner for Refugees,

Over the past twenty years, drought and the encroachment of the desert have made water and arable land scarce in Darfur. As a result, the populations of herders (primarily Arab Muslims) have come into increasing conflict with farmers (primarily black Muslims).
Since Sudan’s independence in the 1956, there have been numerous insurgencies against the central government. In southern Sudan, the government and the Sudan People’s Liberation Movement/Army (SPLM/A) signed a Comprehensive Peace Agreement to end a twenty-year-old civil war on January 9, 2005.
While peace talks moved forward in the south, a rebellion erupted in Darfur in early 2003 when two loosely allied rebel groups, the Sudan Liberation Movement/Army (SLA, previously known as the Darfur Liberation Front) and the Justice and Equality Movement (JEM), attacked government military installations. At that time, rebels in Darfur, seeking an end to the region's economic and political marginalization, also took arms to protect their communities against an on-going campaign by government-backed militias recruited among groups of Arab culture in Darfur and Chad. These "Janjaweed" militias have received government support to clear civilians from areas considered disloyal.
The Sudanese Government and the Janjaweed are systematically killing civilians (reportedly targeting the Fur, Masalit and Zaghawa ethnic groups) and routinely using rape and other forms of sexual violence as weapons of terror. Standard procedure is for the Janjaweed to kill all of the men in a village and rape the women. Millions of people have been forcibly displaced from their homes because of government and Janjaweed attacks, and hundreds of thousands have died.
In July 2004, the U.S. Congress unanimously passed a resolution declaring the situation in Darfur “genocide.” That September, both Secretary of State Powell and President Bush also used the term genocide when referring to Darfur.
On January 25, 2005, the U.N. Commission of Inquiry concluded that Sudanese government forces and the Janjaweed “conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement, throughout Darfur.” Although the Commission's report documented clear evidence of government-orchestrated mass murders of targeted ethnic groups (in other words, genocide), the Commission held that it did not have sufficient evidence of government "intent" to commit genocide -- a politically expedient finding that allowed the UN to avoid an immediate and decisive response.
Early in 2006, the Sudanese government stepped up attacks on civilians. Aid organizations cite deteriorating security; threat of famine; mounting civilian casualties; the ceasefire in shambles; the negotiation process at a standstill; the rebel movements beginning to splinter, and new armed movements appearing in Darfur and neighboring states. In late spring, the rainy season will further restrict humanitarian access to the camps. Khartoum makes peace with main Darfur rebel faction, Sudan Liberation Movement; JEM rejects the deal.
In the second half of 2007, rebel groups fragmented further and criminal activity as well as intertribal fighting increased exponentially.Still, the effects of tribal fighting should not be overemphasized. Of the eight largest displacements between January and November 2007, seven resulted from government or Janjaweed attacks. Only one was the result of intertribal fighting.
Food is scarce and sanitary conditions appalling. The makeshift camps are continued targets of attacks and forced relocation. People who venture outside the camps (to search for firewood or other necessities) risk being killed or raped. Children are dying from malnutrition and diarrhea, and the current supplies of food, water and medicine are insufficient. Four million people face the prospect of death if aid is not forthcoming.
In early 2008, deaths and displacements from military operations by the government, its allied militias and rebels were even more common relative to those caused by tribal conflicts.July 2008, ICC calls for arrest of President Bashir accused of Human Rights violations and alliance with rebel group, Jajaweed, by supplying them with warfare equipment.
February 2009, Khartoum and JEM sign a deal in Qatar. United Nations Secretary General Ban Ki-moon hailed the framework agreement as "an important step towards an inclusive and comprehensive peace agreement for Darfur”. He added that he looked forward to "the full implementation of the agreement's provisions". The Democratic Republic of Congo affirms their position in favor of the Darfur refugees.





Democratic Republic of Congo