Coconia and Palmea are two island states in the Pacific Ocean with a shared cultural and ethnic history. Their populations have Micronesian ancestry, share many traditions, and are linked by family ties and migration. They also have a shared political history: they are both former colonies of an Imperial power but gained independence at different timesPalmea in 1960 and Coconia in 1980. Despite these links, there is considerable religious rivalry between them. Due to the historical influence of Pacific missionaries, both states have devout religious populations, but their religious compositions differ. Some 80 per cent of Coconia's population follows the Church of Coconia ('CofC'), and the remaining 20 per cent follows the Church of Gaia ('Gaians'). In Palmea the proportions are reversed.

In 2018 Ms Wannabe Leda was chosen in a democratic election as Prime Minister of Coconia (which is a directly elected office). Palmea immediately sent a note of congratulations and formally recognised Leda as the legitimate Head of Government of Coconia.Leda lives in Coconia, but she is a national of Palmea by birth (and not a national of Coconia), and she follows the Gaian religion. Her policies, which included a platform of equality rights, proved controversial amongst powerful Coconians who follow the CofC. After she had been in office for just a year, she was ousted in a coup d'tat, and a military government under the leadership of Colonel Strongman took over the administration of Coconia. Strongman is a national of Coconia (and not of Palmea) and he follows the CofC religion. The coup unleashed a wave of protest from the minority Gaian population in Coconia, which continues intermittently to this day in the form of public rallies and critical commentary on social media.

Coconia's Constitution, which dates from its independence, proclaims in Section 1 that 'Coconia shall be a sovereign, independent republic based on the principles of the Church of Coconia' and in Section 10 that 'The Church of Coconia shall be the state religion'. At the time of Leda's election in 2018, eligibility for election to public office (including as Prime Minister) was not limited by reason of nationality or religion. However, Strongman sought to rebalance political power between the CofC and the Gaians. In consequence, when he announced in a media briefing in 2020 that democratic governance would be restored within two years by holding a national election, he also foreshadowed that changes would be made to eligibility of candidates for the national parliament. Shortly after, the Coconian Parliament duly passed a law requiring all future candidates for Prime Minister to be Coconian citizens and followers of the CofC.

These changes were not well received in Palmea, which regarded the changes not only as an attack on their politically successful 'daughter', Leda, but as a threat to the Church of Gaia in the Pacific. They immediately issued a statement that they did not recognise Strongman as the Head of Government of Coconia.

Moreover, after a secret meeting between members of the Palmean Government and senior members of the Church of Gaia in Palmea, it was decided that further action was needed. In church sermons across the country, Palmean religious leaders spoke out against the Coconian military government. It was common knowledge that Strongman had extensive financial interests throughout the Pacific, including property and businesses in Palmea.One night, soon after the sermons were delivered, several buildings and businesses owned by Strongman were torched and destroyed by Gaian followers. Television footage of the events showed high-ranking members of the ruling party in Palmea, who are not part of the government, marching with the Gaian followers. Some were present at the moment of the torching, although there is no evidence that they led the violent protests.

Friends of Strongman, resident in Palmea, approached the Palmean police to investigate the alleged arson, but the police (who were overwhelmingly Gaians) did not pursue the matter. The Prime Minister of Palmea, in commenting on the unrest to a local newspaper, theVillage Voice, said: 'The military regime in Coconia had it coming to them. Palmeans are peaceful people, but we can't stand idly by while our religion is undermined in our Pacific region.'

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Advise:

(a) Coconia of its rights and obligations under international law, including its treaty obligations; and

(b) Palmea of its rights and obligations under international law, including any question of state responsibility.

Your advice should indicate the options available to each state to defend their rights and interests under international law.

In preparing your memorandum you should take account of the following facts.

1. The Pacific Convention on Human Rights*(PCHR) is a regional human rights treaty that was concluded in 1970 and came into force in 1975. It currently has 10 States Parties, which is a large majority of states in the Pacific Region, but not all of them.
2. Palmea and Coconia acceded to the PCHR in 1978 and 1982, respectively.
3. At the time of its accession to the PCHR, Palmea made no reservations, but when Coconia acceded to the PCHR it made the following reservation:

The application of the principles set out in the Convention shall be without prejudice to the Constitution and Laws of the Republic of Coconia.

Within 12 months, Palmea lodged an objection with the Pacific Islands Forum (which is the official depositary under the PCHR) stating:

Palmea considers that Coconia's reservation to the Convention is incompatible with the object and purpose of article 10 the Convention. However, this objection shall not preclude the entry into force of the Convention between Palmea and Coconia.

1. The PCHR provides, inter alia, as follows:

Article 5: Non-discrimination

*fictional.

70108 Take-home Exam Spring 2020

1. Each State Party to the present Convention undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Convention, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 10: Religious freedom

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

Article 15: Civic participation

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 5 and without unreasonable restrictions:

1. To take part in the conduct of public affairs, directly or through freely chosen representatives;
2. To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.

Article 20: Equality before the law

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

1. Palmea and Coconia are both members of the United Nations (Palmea since 1978 and Coconia since 1982) and in those years, respectively, made declarations under article 36 of the Statute of the International Court of Justice recognising the Court's jurisdiction.
2. Palmea and Coconia both acceded to the Vienna Convention on the Law of Treaties 1969 (VCLT) in 2000.