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A Background Guide for the Migration – Related Xenophobia, Racism and Violence Cambridge College Model United Nations Saturday 2 nd June & Sunday 3 rd June 2018 Directors Renato Llontop & Felipe Núñez de Prado Assistant Directors Alejandro Álvarez- Calderon & Franco Pacheco

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Page 1: Migration Related Xenophobia, Racism and Violence · 2018. 4. 29. · A Background Guide for the Migration – Related Xenophobia, Racism and Violence Cambridge College Model United

A Background Guide for the

Migration – Related Xenophobia,

Racism and Violence

Cambridge College Model United Nations Saturday 2nd June & Sunday 3rd June 2018

Directors

Renato Llontop & Felipe

Núñez de Prado

Assistant Directors

Alejandro Álvarez-

Calderon & Franco

Pacheco

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Table of Contents

Introduction Letter from Secretary General ............................................................................. 2

Letter from the Chair ............................................................................................................... 3

Introduction ............................................................................................................................. 4

History of the Committee ......................................................................................................... 4

Statement of the Problem ........................................................................................................ 5

History of the Problem ............................................................................................................. 5

Current Situation ..................................................................................................................... 7

Relevant UN Actions ................................................................................................................. 8

QARMAS .................................................................................................................................. 9

Bloc Positions ......................................................................................................................... 10

Suggestions for Further Research........................................................................................... 10

Position Paper Requirements ................................................................................................. 11

Closing Remarks .................................................................................................................... 12

Bibliography ........................................................................................................................... 12

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A Letter from the Secretary-General

Dear Delegates,

On behalf of Cambridge College, the hard-working Chairs,

and my fellow members of the Secretariat, it is of my

utmost pleasure to welcome you to the second edition of

the Cambridge College Model United Nations (CCMUN).

This event would not have been possible without the

enormous initiative taken by last year’s Secretariat and

Chairs whom Cambridge College is extremely proud of.

On this edition the CCMUN committees will be addressing

topics ranging from modern issues to dynamic historical

events, in which you as delegates must try to reach the

most diplomatic solutions. Always keep in mind,

delegates, seek for the same entertainment that your

chairs had while making the research on the topics and

never forget to spread diplomacy and respect amongst

yourselves. Having been part of the CCMUN for some time

and having participated in the first edition of the event I

have seen the inner change in this small “club” my

predecessors have created to what now is a delegation

capable of hosting an MUN conference. Cambridge

College has never been a hyper competitive, aggressive

delegation when it comes to debate and that’s why we

intend to keep this conference as an easy going one, we

intend to keep a conference recognized for its diplomatic

and respectful environment, but still rewarding delegates

for their achievement in solving real UN world problems.

The CCMUN crew and I wish all of you the best of lucks

and that the updates are ever on your favour. I hope you

all are as thrilled we are for this conference and I hope you

all enjoy it as much as we enjoyed organizing it.

Yours truly,

Mariano Morón

Secretary General

Mariano Moron

Secretary-General

Camila Abram

Under Secretary-General

Daniela Andaluz

Director-General

Andrea Morante

Press Coordinator

Julian Walter

MUN Advisor

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Renato Llontop Calosi

Director

Felipe Núñez del Prado

Director

Alejandro Álvarez-Calderón

Assistant Director

Franco Pacheco Assistant Director

Julian Walter

MUN Advisor

[[email protected]]

A Letter from the Chair

Dear delegates & faculty advisors,

We are Renato Llontop and Felipe Núñez del Prado and it

is an honour to welcome you to the Social, Humanitarian

and Cultural Committee. Currently, as incoming

freshman's into college life, we are managing to handle

our times between studies and passions. For us, high

school experience was a unique one. There, we had the

opportunity to meet so many talented people and we

think that being surrounded by different points of view is

what makes Model UN one activity to strive for.

For the ones who want to know a little bit more of our

“MUN career”, we both have participated in more than 25

conferences in the national and international level –The

Ivy League Model United Nations Conference (ILMUNC),

World Federation of the United Nations Association

(WFUNA) International Model United Nations (WIMUN)

& Harvard Model United Nations (HMUN) just to

mention a few. From this point, you can start to imagine

the many scenarios we have been through and thus, it

would be important to show dynamism and partnership

activeness during the session of Cambridge College MUN.

As previously stated, we are not anymore high school

delegates and now it’s our time to see what the next

generations of “MUNers” are up to teach us. Whenever

you are a veteran delegate or it is just your first

conference, never be afraid to stand up and raise your

voice during formal speeches or negotiations, do not go

down and always remember that diplomacy must prevail.

Never get mad with Model UN, remember that any

activity you do is for taking advantage of it and MUN is

for having fun! During this time for committee

preparation, do not hesitate to contact any of us

regarding doubts or if you just want to present yourself!

See you soon!

Renato & Felipe

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INTRODUCTION

The world is in constant change, migrations are not any longer just regional issues and

unfortunately, humanity has gone blind through the inevitable proliferation of social

stigmas.

The United Nations High Commissioner for Refugees stressed: “Refugees who flee

intolerance at home are increasingly finding more intolerance in the countries where they

seek protection.” This simple but powerful phrase illustrates the precise example of what the

human indifference can yield every day.

Today, according to the United Nations, more than 65.5 million people had been forced to

flee their homes, being the greatest number of displaced people since World War II. The

reasons for this situation vary in magnitude and cause, including different forms of violence -

as the intervention of armed groups-, natural disasters or socio-political issues within a

nation. In other words, possible fears of migration are often caused by the apprehension the

topic itself causes. As a result, citizens’ antagonistic attitudes and thoughts toward refugee

immigration have lead many times to increased difficulty in their integration to societies.

HISTORY OF THE COMMITTEE

The Third Committee of the General Assembly, the

Social, Humanitarian & Cultural Committee, is one of the

six Main Committees of the United Nations General

Assembly. Topics discussed in the Third Committee

include those that relate to social development (e.g. drug

control, criminal justice, etc.) and those that relate to the

betterment of the status of underserved populations,

including women, children, the elderly, persons with

disabilities, refugees, and indigenous peoples. The

majority of issues addressed by the Committee concern

human rights in some way.

The successes made by the Third Committee since its establishment, particularly in regard to

the promotion of human rights, have been far-reaching. In the fall of 1948, the Third

Committee analysed the draft of the Universal Declaration of Human Rights. Delegates in

the Social, Cultural and Humanitarian Committee made many revisions and established a

sub-committee to finalize the text. By December 7, the Committee approved the document

and recommended it to the General Assembly, which voted in favour of the Universal

Declaration of Human Rights on 10 December 1948. Eleanor Roosevelt described the

passing of the document as “a great event both in the life of the United Nations and in the life

of mankind.”

More recently, the Social, Cultural and Humanitarian Committee has continued to address

concerns regarding human rights in countries such as Iran, the Democratic People’s

Republic of Korea, and Syria. It has addressed topics such as female genital mutilation,

notably urging an increased effort to actively eradicate the practice and support its victims.

The Committee has also considered many times the use of the death penalty, facilitating

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discussion between nations with varied stances on the topic and has recently recommend

member states takes steps toward eliminating its use.

Over the last decade, in an effort to become more efficient and adapt to the challenges of

modern world, the General Assembly has undertaken a variety of measures to “revitalize its

work.” These measures have included: more collaborative and informal discussion methods,

increased communication between the Secretariat and Member States, and earlier

Secretariat elections.

The Third Committee hopes as well to maintain its relevance and continue its successes

within the ever-changing global climate. In the 71st session between 2016 and 2017, the body

addressed pressing issues like the most recent Reports of the Human Rights Council, the

human rights situation in Syria, and digital privacy rights. Among the most anticipated

discussions were those regarding the “elimination of racism, racial discrimination,

xenophobia and related intolerance.”

STATEMENT OF THE PROBLEM

The Third Committee of the United Nations General Assembly will address the topic of

Migration-Related Violence, Racism, and Xenophobia. Though this problem has affected

communities for centuries, the dangerous pressures towards violence, racism, and

xenophobia threaten national and international security at levels perhaps unprecedented in

recent history. The uptick in violent offenses and hate speech may be attributed to the

increase in the number of displaced person worldwide, calculated to be at the highest point

since the end of World War II. This influx of population movement often causes a variety of

fears relating to cultural identity, safety, and the economy. Meanwhile, recent rises of

populist politics as well as shifts in political power toward right-wing movements have also

augmented such tensions.

HISTORY OF THE PROBLEM

The history of international refugee human rights legislation can be traced back to the early

20th century. Following World

War I (1914-1918) and World

War II (1939-1945), millions of

people found themselves miles

away from their home, having

fled war or persecution.

Legislative efforts to protect

these at-risk populations began

within the League of Nations

and, following years of

deliberation, culminated in the

creation of the Convention

Relating to the Status of

Refugees, also known as the 1951

Convention. The document A group of refugees leave the Samanli-Dag Peninsula, on a boat

they boarded with the help of the Turkish Red Crescent

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outlined the definition of a refugee as well as their rights and responsibilities. Though the

document created in 1951 applied to solely European refugees, the 1967 Protocol increased

the purview of the legislation to include refugees across the globe.

The document’s forty-six articles addressed many of the concerns of refugees. First and

foremost, it provides an extensive definition for a who qualifies as a refugee. It also

articulates a refugee’s rights to housing, to education, to seek out employment, to free

movement, to practice religion freely, and to access the courts. Finally, document outlines

the concept of non-refoulement, the principle that refugees cannot be sent back to territories

that pose threats to their life or liberty.

The United Nations High Commissioner for Refugees, or the UN Refugee Agency, is the body

tasked with overseeing the adherence to the 1951 Convention and the 1967 Protocol. In

fulfilling this guardianship, the body assists in adapting national law to comply with the 1961

Convention and 1967 Protocol, implementing these laws and procedures, and determining

whether or not individuals should be considered a refugee. It also is the main proponent for

international recognition and adoption of the law; currently, 145 states are party to the 1951

Convention. For millions of refugees, these documents, along with the assistance of the

UNHCR, have protected basic rights and freedoms during times at which they were most

vulnerable.

Other documents have bolstered this international human rights law. These include: The

1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the

Reduction of Statelessness, and the 1967 United Nations Declaration on Territorial Asylum.

Meanwhile, regional bodies, including the African Union and the Council of Europe have

also developed similar documents to reaffirm these rights.

However, the extensive protections afforded to refugees under these pieces of legislation, do

not apply to the majority of migrants today. In order to be eligible, they must be able to

prove that they have fled violent conflict or persecution in their place of residence. Many

migrants who may have fled poverty, environmental change, or precarious political

situations are not categorized as refugees. Therefore, they are able to be legally deported and

their concerns ignored by host countries. As turmoil in multiple regions of the world has

continued to rage, and as the methods of mass migration have become increasingly crude, it

has become more and more difficult to distinguish refugees from migrants. Member states,

then, have the ability to make decisions based on how lenient their interpretation of the

refugee status is and how they choose to differentiate the treatment of migrants and

refugees.

The issue of protecting migrants from discriminatory or xenophobic behaviour has arisen

more recently. In 2001, the World Conference Against Racism, Racial Discrimination,

Xenophobia and Related Intolerance (WCAR) addressed the topic of “International

Migration, Racism, Discrimination and Xenophobia.” The conference resulted in an

extensive declaration outlining its results – likely the most comprehensive document to date

calling for the elimination of xenophobic and racist attacks against migrants and for the

protection of victims.

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Of the issues facing migrants, economic discrimination and exploitation of migrant workers

stand out having attracted the most international attention. The International Convention on

the Protection of the Rights of All Migrant Workers and Members of their Families was

adopted by the United Nations General Assembly on 18 December 1990. The document

protects migrant workers’ rights, including safe working conditions, access to fair courts, and

intimidation or forced separation of family members. This exhaustive human rights

legislation, however, has not been signed by a majority of countries. In fact, most countries

to ratify the Convention serves as sources rather than recipients of migrants. To date, no

states in North America or Western Europe that accept migrants have ratified the

connection. However, certain individual countries have drafted legislation to address the

issue of migrant workers to some extent; the United States, for example, issued the Migrant

and Seasonal Agricultural Workers Protection Act in 1983 to establish regulations on the

“wages, housing, transportation, disclosures and recordkeeping” for the labour of migrants.

CURRENT SITUATION

Much of the press coverage regarding the current state of migration has focused on trends

within the European continent, and this attention is not misguided. Human Rights Watch, a

nongovernmental organization that investigates international human rights abuses, has

assigned fault to the European Union for failing to craft effective policy to care for, integrate,

or regulate the influx of migrants. Two of the most challenging issues have been the perils of

migrant travel and the implementation of integration plans. Human Rights Watch reports,

for example, that over 4,000 migrants died or went missing while attempting to cross the

Mediterranean Sea in 2016. Meanwhile, for those that survive the journey, resettlement is

slow. A 2015 plan to resettle over 22,000 migrants over two years fell far short of that goal.

Refugees hold a sign reading “we are not terrorists” during the dismantling of the “jungle” refugee camp in

Calais, France, in February 2016

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Though Europe may seem to lie at the centre of the migrant crisis, it is important to address

this topic cognizant of its international scale. In fact, the countries that have the largest

immigrants as a proportion of their population are often Middle Eastern countries: United

Arab Emirates, Qatar, and Kuwait top the list, each having greater than 70% in 2015.

Countries including South Africa, Indonesia, Canada, and the United States have all seen

dramatic increases in this sort of problem. Even in areas with relatively low levels of

immigration, the fear of the other can sometimes develop, fostering conditions antagonistic

to the promotion of human rights in all corners of the globe. When Syrian refugees were

resettled in Canada, they were attacked with pepper spray. In Brazil, seven Haitian migrants

were shot and subsequently refused medical attention. Meanwhile, public policy has failed to

address the recent Haitian immigration, leaving them vulnerable to abuses. In Thailand,

harsh punishments for migrant workers have led to increased exploitation and caused many

to flee. In Lebanon, controversial deportation laws have divided families and limited migrant

worker’s abilities to have children. In Australia, low-quality “processing” centres for asylum

seekers hold thousands indefinitely. These centres were criticized by the United Nations

Committee on Economic, Social and Cultural Rights in June 2017 for “harsh conditions …

[including] acute isolation, overcrowding, limited access to basic services, including health

care and education, allegations of sexual abuse by the service providers, acts of intimidation,

taunting and provocation, and continuing reports of suicide and self-harm.”

The problems relating to xenophobia and violence against migrants are unfortunately ones

that nations across the globe must grapple with. Each member state will have its own unique

experiences with the issue, but all will likely be able to relate to the common challenges faced

by accepting foreigners as members of their society.

RELEVANT UN ACTIONS

The United Nations has issued several attempts on these matter. However, several of the

already given conferences and resolutions have proven ineffective towards the combat

against Migration-Related Violence, Racism, and Xenophobia. Nonetheless, the

International Community has been committed to solvent the matter in a humanitarian and

political way.

World Conference against Racism, Racial Discrimination, Xenophobia

and Related Intolerance

The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance was hosted by Durban, in South Africa. From August 31 to September 8 of 2001, this conference achieved several accomplishments on international accords and regulations regarding the cultural and religious barriers that part of the population is forced to face. The member states reunited to discuss and reach consensus during these three days of conference, affirming that persistence was the key to tackle the long-standing inequality, the economic and political situation, education, access to health care and housing. The responsibility of ending impunity for violations to human rights and fundamental freedoms of individuals and groups of individuals who are victimized was put in place correctly by agreeing on taking immediate actions and sanctions to the countries that are negligent towards the measures concerning the population´s quality and quantity of life. The conference received the assistance and support of regional bodies as the Inter-Parliamentary

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Union, and the statements and enhancement of the High Commission on Refugees and the Commission on Human Rights.

Combating Violence against Migrants

The United Nations Office on Drugs and Crime (UNODC) and the International Federation of Red Cross and Red Crescent Societies as international institutions responded efficiently to General´s Assembly Resolution 67/185 by delivering the Combating Violence against Migrants document, offering alternative solutions along with their legal framework, in order to attend to the increase range of economic and social measures to the issue. This document ensures along Criminal justice measures to prevent, investigate, prosecute and punish violence against migrants, migrant workers and their families and to protect victims.

This document presented a humanitarian scope towards the current situation on the international legal framework attending the discrimination and xenophobia against migrants on a jurisdictional basis, along with the strengthen of international and regional legislation, the protection and the assistance to victims and finally providing access the justice, restitution and rehabilitation; compensating and supporting the short-term and long-term victims.

General Assembly´s Resolution 67/155

This resolution proved progress towards the past resolutions presented in 1997 and 2009 which comprehensively guided to the full implementation of World Conference and underlining the importance of their full and effective creation. The UN resolution was tagged as the “Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow up to the Durban Declaration and Programme of Action”.

QUESTIONS A RESOLUTION MUST ANSWER (QARMAS)

A draft resolution on Migration-Related Racism, Discrimination, and Xenophobia should

reach further than merely trying to address each sub-topic in isolation; rather, the most

successful draft resolutions will synthesize diverse policy recommendations in order to tackle

as a whole the challenges of the migrant and minority experience.

What methods can be used to combat bias or hatred against foreigners?

How can countries that have strict immigration controls still uphold human rights in

the treatment of citizen or non-citizens’ migrants?

In what ways can countries with conflicting philosophies and policies on migration

agree and/or collaborate on the elimination of racism, discrimination, and

xenophobia?

Should equal efforts be directed toward revising or strengthening international law or

toward bolstering on-the-ground application of current law?

Will international, regional, national, or local bodies be most effective in

implementing solutions? Government or non-government organization?

In what ways can the international community protect migrant women and children

from abuse during travel and trafficking, often undertaken at the leadership of

dangerous forces?

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Are human rights of migrants and security of a nation mutually exclusive? If not,

what measures support both simultaneously?

POTENTIAL BLOC POSITIONS

Bloc positions for this subject are unlike many

other subjects; it is difficult to distinguish clear

divisions along geographic, political, or religious

lines. Unlike the topic of freedom of religion, there

are not a set of countries with separation of church

and state and a group with state-sponsored

religions. Unlike certain economic issues, this is

not a question of the developed versus the

developing world. In fact, it would be unwise to

assume that even all-western European countries

would agree on a set of policies while all Central

American countries would agree on another.

Immigration policies, as well as stances on the

protection of the rights of minorities, are issues

that are deeply specific to each nation. Each nation has a unique experience with cultural

history, racial understanding, and immigration and must craft its international policies

accordingly.

Furthermore, these political positions are also ones that changes drastically with shifts in

political leadership. In the United States, the stance of the Obama administration is quite

different than that of the Trump administration. In some countries, the positions of

delegates in this session of SOCHUM may be very different to those same countries’

positions a year in the past, and it’s important to remember that these positions may change

further before conference itself.

Still, one division that may be helpful in understanding bloc positions is net migration rate.

Countries with a greater flow of migrants into its territory than out of it are said to have

positive net migration. Countries with a greater flow of migrant out of its territory than into

it are said to have negative net migration. Though not a definite rule, countries with negative

net migration rates may be more open to policies that improve the standard of their citizens

abroad. Meanwhile, receiving countries with high net migration rates may be less likely to

support such measures if they require national funding or place a burden on the government.

Data on countries’ net migration rate can be found in sources such as the World Bank and

the CIA World Factbook.

SUGGESTIONS FOR FURTHER RESEARCH

When conducting research on this topic, it will be best to consult a diverse range of source

materials in order to gain perspective on the full scope of the issue. It may be useful to begin

following news stories from a variety of news outlets that track the migrant crisis and

immigration policy over the past few years. Next, it will be important to appreciate your

U.S. citizens express their discontent with

illegal immigrants

http://worldmeets.us/

http://worldmeets.us/lajornada000184.sh

tml#.WuKnzy7wbIV#ixzz5DqOcKmL4

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country’s relationship with immigration. Try to understand its net migration rate, its

immigration legislation and policies, and the experience of migrants either entering or

leaving the country. Then, I recommend you dive into the intricacies of the issue as well as

each subtopic and do your best to understand the full extent of the problem. Make sure to

read UN documents on the subject, including reports and past resolutions.

Some documents to look out for include:

International Covenant on Economic, Social and Cultural Rights

International Convention on the Elimination of All Forms of Racial Discrimination

Convention on the Elimination of All Forms of Discrimination against Women

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment

Convention on the Rights of the Child

International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families

International Convention for the Protection of All Persons from Enforced

Disappearance

Convention on the Rights of Persons with Disabilities

Slavery Convention and the Supplementary Convention on the Abolition of Slavery,

the Slave Trade, Institutions and Practices Similar to Slavery.

POSITION PAPER RECOMMENDATIONS

Delegates must take various things into account when writing their position paper, some of

these things include the following:

On the heading, delegate’s names, the delegation they are representing (country),

topic and committee respectively should be written down.

In the first paragraph, delegates must state their country’s position and situation in

the matter. For example, the country could be extremely involved/experiencing the

issue or it might be a bystander.

On the second paragraph, certain documents, treaties, or specific actions from

UN/internationally-recognized organs -which the represented delegation has

adopted or taken part- should be mentioned for strengthening the country’s position

towards the issue.

Lastly, on the third paragraph, solutions to the problem being faced must be

proposed. In order to do this, the delegates must take into account that the respective

solution(s) developed must be realistic and innovative.

Regarding some format aspects, the font will be Times New Roman size 11.5 with a

line spacing of 1.15. Please, remember to write clearly and in no more than 1000

words. As well, we highly recommend position papers to be attached as PDF files and

please make sure you send them to this email: [email protected] (Delegates

will be notified when received). It is of high importance that the document must be

sent on time, and feel free to send them before deadline.

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CLOSING REMARKS

Congratulations! If you have finished reading this background guide (Hope so!!!) you are

already starting to manage the topic. Remember that this guide is only your first approach

with the topic and you are recommended to look forward into more detailed information.

Furthermore, I want to tell you that whenever you are a veteran delegate or it is just your

first conference, never be afraid to stand up and raise your voice during formal speeches or

negotiations, do not go down and always remember that diplomacy must prevail. Learn from

others and show what Peruvian delegates are made of. Finally, if you have any doubts

regarding the committee, feel free to reach me out through the email attached in this guide.

The Dais is really amazed to meet you all in June and hopes everyone can learn a lot and

have fun at the same time during this CCMUN 2018!

Sincerely,

Renato & Felipe

Directors of the Social, Humanitarian and Cultural Committee

Cambridge College Model United Nations 2018

BIBLIOGRAPHY

1. http://www.un.org/en/sections/history-unitednations-charter/1945-san-francisco-

conference/index.Html

2. http://www.un.org/en/ga/about/background.shtml

3. http://www.unelections.org/?q=node/27

4. UN High Commissioner for Refugees “Convention and Protocol Relating to the Status

of Refugees” [1951, 1967]

5. http://www.unhcr.org/en-us/about-us/background/4ec262df9/1951-convention-

relating-statusrefugees-its-1967-protocol.html

6. United Nations Audiovisual Library of International Law, “International Convention

on the Elimination of All Forms of Racial Discrimination” [December 1965]

7. http://www.un.org/WCAR/durban.pdf

8. https://www.unodc.org/documents/justice-and-prison

reform/UNODC_Combating_Violence_against_Migrants.pdf