GENERAL ASSEMBLY RESEARCH REPORTS
THIMUN 2017
Borders in a globalised world
Forum:
General Assembly 1st Committee
Issue:
Strengthening of Security and Cooperation in the Mediterranean
Region
Student Officer: Lucas Veyres
Position:
Deputy Chair
Introduction
One of the oldest accounts of travel in
the Mediterranean Basin can be traced back
to Ulysses’ peripeteias in the Odyssey.
However since then, the political and security
landscape of the water body and its
surrounding areas of land have changed
dramatically and evolved in accordance to the
21st century, marred by violence and
instability. The Mediterranean is now one of
the most conflict prone zones in the world,
with Libya’s conflict representing a major
Figure 1: Migration Route Map- BBC
geopolitical challenges of our times and a
migrant crisis leading to the deaths of thousands every year.
Since NATO’s intervention which left the country in an uncontrollable havoc, unable to maintain
order facing the growth of terrorist groups and political conundrum, many other nations around what was
previously known as the Mare Nostrum (Our Sea ) have had a shifts in their security equilibriums.
Indeed, other countries of the Maghreb region have been plagued with terrorism, including Tunisia that
was hit by the Prado attacks in 2015. Moreover, neighboring countries that have enjoyed relative stability
in recent years are now faced with growing political unrest and authoritarian rule such as the case in
Egypt.
Nevertheless, depicting the increasing issues in the Mediterranean Basin solely using the more
visible turmoil of the Maghreb, wouldn’t provide a complete vision of the aforementioned troubles. As a
matter of fact, Europe is also confronted with a myriad of issues that threaten the security of the
continent. Among them, the rise of extremism in France could be seen as a major hazard to
Mediterranean security. Also, the European Union’s (EU) cumbersome handling of the massive migrant
arrivals in Italy could put at peril a whole institution entrusted with the safeguarding of the water body as
a safe haven.
As a result of all of the aforementioned element that contribute to growing fears of instability and
tumult in the Mediterranean Basin, all parties, whether from North Africa, Southern Europe or Eastern
Mediterranean states, have realized the imperative necessity for a common response to tackle the
issues. Over the past few years, the debate to solve this issue has proved to be highly contentious with a
transition from the approach to help countries develop for greater stability, to an increase in militarization
of the area. Subsequently, the concept of maritime security, border control, migration routes and
trafficking in humans or illicit products are all topics that have occupied a central role at negotiation
tables.
Definition of Key Terms
Maritime Security
Maritime security is a buzzword that has no universal definition, yet is widely used. The word “maritime,
entails that the concept of maritime security is one that is related to the sea and the various water bodies
around the world. In the context of the issue, the water body in question is the Mediterranean Basin.
Overall, maritime security, commonly refers to the common response adapted by states, organizations or
private entities in reaction to the following issues: terrorism, unregulated fishing, natural and
environmental disruption, mass migration, and organized criminal activity like smuggling and piracy.
Maritime issues can be solved under two legal frameworks: the Admirality Law when it comes to private
trade related problems and the United Nations Convention on the Law of the Sea for nations that aims to
resolve maritime boder issues for instance. One of the main complexity of addressing maritime border
disputes is the recurrent inability to find common ground between nations, that leads to lengthy and
ineffective , due to the lack of meaningful enforcement mechanisms, arbirtrations.
Mediterranean Basin
The Mediterranean Basin is the region of lands around the Mediterranean. In a wider sense it refers to
an area with common climatic conditions and it spans across three continents: Asia, Africa and Europe.
As a matter of fact it occupies an area of over 2,000,000 square kilometres and covers the following
countries: Gibraltar, France, Spain, Monaco, Malta, Italy, Slovenia, Croatia, Bosnia and Herzegovina,
Montenegro, Greece, Albania, Cyprus, Lebanon, Turkey, Israel, Palestine, Syria, Egypt, Libya, Morocco,
Tunisia, Algeria and Morocco
In order to facilitate the analysis of the region, the latter is frequently broken down into 3 areas: the
Eastern, Southern and Northern Mediterranean.
Refugee
According to the UN; “A refugee is someone who has been forced to flee his or her country because of
persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race,
religion, nationality, political opinion or membership in a particular social group”.
A refugee is different than a migrant. Indeed, a migrant’s decision to leave his homeland to improve his
life not because of a direct threat.
Understanding the difference between these two words is crucial to addressing the issue of maritime
security in the Mediterranean Sea in the midst of the migrant crisis.
Background Information
From the 1990s to 2001 the main issues pertaining to security in the Mediterranean Basin were ones of
economic and social inequalities, with security issues playing only a minor role. In more recent times,
due to the Syrian Crisis and the Arab Spring which led to changes in political systems in the region,
issues arose mainly in regards to security such as mass immigration, influx of refugees and an increase
in terrorism.
Achille Lauro cruise ship hijack
As mentioned above, before heightening security risks in the Mediterranean, the focus for Northern
Mediterranean nations was to assist and participate in the development and modernisation of their
Eastern and Southern counterparts, in order to promote cooperation.
However, a series of events have led to a drastic change in the approach to Mediterranean security and
cooperation in the region. In fact, the first act of maritime terrorism in the Mediterranean Basin, on the 7th
of October 1985, was the first of them. The cruise ship, Achille Lauro, was hijacked by the Palestinian
Liberation Front (PLF), which led to one death and the realisation amongst Mediterranean nations that
the aforementioned sea could be a location for intensified security threats among them terrorism.
The PLF is a Palestinian political faction founded in 1961 which was mainly active in the 1990s with its
numerous attacks on Israeli interests in the Middle-East. Along with some members of the Palestinian
Liberation Organization (PLO), another group that leads an armed struggle against Israel, it had planned
to hijack the Achille Lauro, an Italian ship. The motives behind this attack were supposedly to seek
revenge for the bombing of the PLO’s headquarters by the Israeli forces in Tunis on the 1st of October
1985. However, recent reports suggest that the aim was to murder a large number of Israeli soldiers
upon the ship’s arrival in the port city of Ashdod. The situation was resolved following two days of
negotiations whereby the assailants would be granted safe conduct given that they would end the
hijacking. Other nations got involved once the hijacking was over. Indeed, the terrorists escaped on
board of an Egyptian commercial airplane, which was diverted by American military jets and directed to a
NATO air base in Sicily, where Italian police arrested them.
Efforts to propel Mediterranean Cooperation amid a rise of extremism
The first major effort made to expand cooperation in the Mediterranean region happened in November
1995. Indeed, 15 EU member states at the time and 12 non-member European countries signed the
Barcelona Declaration that launched the European Mediterranean Partnership. NATO spearheaded
these measures. The Barcelona Declaration stipulated the creation of the Euro-Mediterranean
Partnership (Euromed). In a context of relative small scale crises and terrorism contained to the East
(Middle-East and occasionally North-Africa), the goal of such a partnership was to promote cooperation
in regards to security, all while taking into account the social and economical development of nations.
Subsequently, a whole section was dedicated to economic and financial partnership (alongside social,
cultural and humanitarian partnerships) had been included, which called for free trade areas.
September 11 2001 and the securitisation of Europe
As a result of the terror attacks that struck New York City on the 11th of September 2001, Europe
underwent a tightening of its borders and its attitude towards its European neighbours changed, similarly
to its priorities. As a matter of fact, as much as certain aspects of the Barcelona Declaration
standardized security responses to eventual issues that could have occurred in the Mediterranean area,
the attacks that hit the US and the Europe (Madrid in 2004 and London in 2005) led to a supersession of
security matters over the economic and cultural ones. Consequently, security was made the priority in
regards to cooperation amongst Mediterranean states.
Overall, it can be said that the rise in number of terrorists attacks in the United States and in Europe
have lead to a change in the political discourse calling for Mediterranean cooperation; European states
demanded Southern and Eastern Mediterranean to adopt a “securitised conformity”. Nevertheless, some
analysts argue that this had already been done in Southern Mediterranean states in the past considering
the latter had previously been faced to their own domestic terrorism or unrest. This can be exemplified
by legislation passed in the 1990s between the Arab League and the Islamic Conference that aimed for
the suppression of terrorism.
The situation in Libya and the threat to Mediterranean security and cooperation
Libya prior to the its civil war, was one of the main proponents of this Mediterranean dialogue being one
of the wealthiest and most developed nations of the Southern Mediterranean region, however due to the
power vacuum that happened it saw the upsurge of new terrorists groups on its territories, ISIS. Indeed,
ISIS benefited from the “terra nullius” status of Libya and established its stronghold in the region of Sirte.
Libya being so close to Europe geographically, it poses a great issue to any eventual increased
cooperation. Indeed, with nearly 400 kilometres separating both shores of the Mediterranean blocs, unrest
and violence on one side could easily spread to the other.
This increasing worry over the tumult in Libya can be reflected through the numerous international forums
and talks organised by European nations in order to discuss the situation in the aforementioned country.
A recent example of that could be when Angela Merkel hosted American, French, Italian and British leaders
to find ways to shield Northern Mediterranean countries – and thus Europe as a whole- from a spill over
of the conflict to the European continent.
Migrant crisis and militarization of the Mediterranean
In regards to the migrant crisis, it is the maritime route between North Africa and Southern Europe that
generates a major issue for Mediterranean cooperation. As a matter of fact, the increasing number of
migrant arrivals by boat has overwhelmed countries such as Italy who have seen 100,000 migrants arrive
by boat in the span of two years. Moreover, another predominant issue is the exceedingly high number of
deaths that occur as a result of the usage of this maritime migration routes (4,200 in two years). This can
partly be explained by the inexistent or and lacking authority exercising government in Libya, henceforth
European cooperation has been quite scarce in this area.
The migrant crisis and the European response to the massive arrivals of migrants through sea routes has
also determined and added a whole new dimension to Mediterranean cooperation in the fields of security.
In fact, the response to this Mediterranean issue was initially a common European response with the
intervention of Frontex (the EU’s border guards agency). However, its mandate elapsed in 2016 and Italian
border guards have assumed the responsibility. Nevertheless, with a motive of countering people’s
smuggling and preventing deadly shipwrecks (700 people died when a boat sank off Libyan coasts the
29th of May 2016), the EU launched in April of 2015, the military operation that is the European Union
Naval Force Mediterranean otherwise known as Operation Sophia. On top of being an outright unilateral
approach to solving the issue (minimal cooperation with the Libyan Coast Guards), this operation set the
stepping-stone for military operations within the Mediterranean region. Furthermore, it was denounced for
its counterproductive effects, such as facilitating people smuggler’s jobs by assuring them that the migrants
would be rescued, thus the latter let boats set off without any seamen.
Major Countries and Organizations Involved
European Union
The EU established Frontex in 2004 to manage the cooperation between national border guards of the
Mediterranean Basin countries members of the European Union. However, it has been argued that the
institution has only facilitated the militarization of European borders. Frontex dealt with the large migrant
arrivals from North Africa (most notably Libya) and it was dissolved in 2016. The different operations
conducted by Frontex were: Hermes, Triton, Moria Hotspot and Poseidon.
As of 2015, the EU launched Operation Sophia, as mentioned previously, that was a highly criticized
mission that had mixed results. Operation Sophia, also known as EU NavFor Med, aimed to stem the
flow of migrants arriving in Europe by boat, cut off the principal migrant smuggling routes and arrest and
diminish the traffickers’ influence and ability to send the migrants on this dangerous journey. Although
the operation had some success, saving close to 9,000 migrants as of May 2016, it has been decried for
its catalyst effect on migrant smuggling and breach of international protocols. As a matter of fact, by
rescuing the migrants in the international waters of the Mediterranean Sea, the EU has led to a
significant increase in the number of migrant arrivals Furthermore, the destruction of the vessels has
proved to be ineffective, as smugglers have adapted to cheaper, thus more dangerous, boats and the
arrests of the aforementioned traffickers have also been fruitless as it has only affected low-level targets.
On top of that, having initially started off without the approval of the Libyan Government of Unity and the
Security Council ( although it later acquired the council’s council in October 2015) , Operation Sophia
has had difficulties to be fully implemented.
Libya
Being previously ruled by authoritarian ruler Gaddafi, a NATO-led operation (Unified Protector) killed the
leader, leaving the country in a destitute state. As a consequence , severe political instability and the rise
of armed militias and terrorist groups ensued, generating uncontrollable chaos in this previously
prosperous nation. On top of being ridden by extremists group, Libya with its proximity to Europe, has
acted as a departure point for all converging migrant routes of Africa.
NATO
Considering many European Mediterranean countries are members of NATO (Croatia, Albania, Greece,
Italy, Slovenia, France, Spain and Turkey), the aforementioned intergovernmental military alliance, has
played a proactive role in the security of the Mediterranean region. Indeed, historically NATO had its
American Sixth Fleet located in the area to guarantee protection.
NATO has series of agreements with other Mediterranean countries to promote dialogue and peace
such as the Mediterranean Dialogue that regroups the European Mediterranean members of NATO
along with Algeria, Egypt, Israel, Jordan, Tunisia and Mauritania.
Italy
Italy has dealt with the highest number of migrant arrivals by boat. As a matter of fact the country has
had close to 100,000 migrant arrivals in 2015 to 2016. The southern European nation has also
experience and unprecedented number of deaths in its territorial waters, culminating to nearly 4,000 in
the same period.
Italy’s border guards have taken over Frontex’s duties in regards to maritime rescue of migrants by
launching Operation Mare Nostrum. Operation Mare Nostrum was a vast search-and-rescue operation
that has saved close to 130,000 people and ran on a budget of $12 million a month. The operation stood
out, due to its benevolence and effectiveness.
Timeline of Events
Date
Description of event
Hijacking of cruise ship Achille Lauro marking one of the first events of
October 7th, 1985
November, 1995
maritime terrorism in the Mediterranean
15 EU member states at the time and 12 non-member European countries
come to an agreement and sign the Barcelona Declaration, whereby the
European Mediterranean Partnership is launched.
NATO includes the Mediterranean Dialogue in its Strategic Concept text of
1999, stating that the security of Europe is interconnected with the security
April , 1999
and stability of the Mediterranean
October 20th, 2011
Libya’s ruler Muammar Gaddafi is killed beginning a cycle of turmoil in Libya
and the exponential growth in migrant departures from the country
February 8th, 2014
ISIS starts its campaign to take full control of Sirte, showing the group’s
increasing stronghold in Libya.
Relevant UN Treaties and Events
The following resolutions have been passed by the United Nations over the years and show the
prevalence of the issue on an international scale as the topic has been repeatedly addressed.

Strengthening of security and cooperation in the Mediterranean region, 9 December 1992
(A/RES/47/58)
This resolution encourages and welcomes the various efforts implemented to deepen
cooperation between countries of the Mediterranean Basin. It underlines all of the major
conferences and instances of dialogue that aimed to promote this regional collaboration.

Strengthening of security and cooperation in the Mediterranean region, 13 January 2009
(A/RES/63/86)
The resolution A/RES/63/86 calls for greater cooperation in the Mediterranean region and
emphasizes that combatting terrorism is a priority for stability in the region.

Maintenance of international peace and security, 9 October 2015 (S/RES/2240)
This Security Council resolition authorized member states to stop boats carrying migrants off the
Libyan coast. This resolution allowed Operation Sophia to function with the approval of the United
Nations.
Previous Attempts to solve the Issue
One of the main attempts to solve the issue was the Mediterranean Dialogue launched in 1995. This
Dialogue aimed to bring together European countries members of NATO that were located along the
Mediterranean Basin with other non-NATO and non-EU members in order to cooperate in terms of
security. The goal’s of the partnership was not only limited to security but also envisioned to bring
security and social development together, creating a free-trade zone in the area for instance.
The Barcelona Declaration and its implications did have some limited success due to NATO’s ability to
discuss security matters with countries individually however due to the geopolitical evolution of the
region and the varying degrees of desired involvement, the Mediterranean Dialogue was overall a failure.
In fact, geopolitical circumstances have played a key role in the stagnancy of the negotiation process. In
the midst of the Oslo Accords, optimism was high and hopes for regional cohesion and peace seemed
credible. However, with the failure of the aforementioned Accord and the deteriorating political
(authoritarian regimes in North Africa with lack of human rights) , social ( increasing confrontation
between the western and Muslim “worlds”) and security ( Iraq war) situation in the Maghreb and Eastern
Mediterranean region, the discussions and plans for greater cooperation in the Mediterranean faded out.
In addition, the lack of representation for the North African group as a whole has hindered the efforts to
build a strong and coherent Mediterranean partnership. Although many Mediterranean countries that
belong to the EU have diverging opinions on various issues, they appear to be aligned and possess a
common representation thanks to the EU. However, this is not the case with North Africa where the Arab
Maghreb Union (Morocco, Algeria, Tunisia and Libya) aims to strengthen trade and political links, but it
is considered as a insignificant and inactive, considering the organization hasn’t held high-level talks
since 2008.
Overall, the failure of the Barcelona Declaration and the subsequent intentions to foster cooperation in
the Mediterranean can be attributed to an overly optimistic and ambitious goal that was disrupted by the
eventful geopolitical conditions of the region.
Possible Solutions
In order to increase cooperation of Mediterranean states in regards to maritime security, it could be
interesting to continue upon the axes of the Barcelona Declaration that aimed to incorporate social and
economical aspects. So as to achieve that, it could be interesting to increase the role of non-state actors
such as the OSCE, which is already involved in these fields and that could add a new dimension to a
stagnating cooperation. Moreover, it could be fruitful to tackle the problems related to security in the
Mediterranean Basin without differentiating them from the other “baskets” of the Barcelona Declaration,
that are social and economical. For instance, assisting in state building and political unity in Libya could
promote security in the region, by attenuating the migrant crisis and the rise of extremism.
In addition, as emphasized in the analysis of the previous attempts to solve the issue, most of these
approaches were deemed overly ambitious and not realistic. In order to foster further cooperation
between Mediterranean nations, it would be ideal to start of with specified and targeted issues or
projects that would act as stepping-stone for further integration and collaboration. Indeed, adopting a
joint response to common issues such as energy policy or piracy could on a small-scale solve or improve
a situation and on a larger scale encourage dialogue. Something along the lines of the 30 joint projects
envisioned in 2013- and 2014 at regional conferences of the Union for the Mediterranean could be done.
Furthermore, an on-going debate in regards to security cooperation within the Mediterranean Basin is
the militarization of the region. As mentioned previously, Frontex and Operation Sophia more generally
are signals of an ever-increasing militarization of the Basin. Proponents of this militarization would
defend the process by saying that it ameliorates the security of nations as a whole shielding them from
various threats. This can be exemplified by the broad and comprehensive scope of duties that Frontex ,
the European border guard, has been attributed. Indeed, Frontex integrated a great number of agencies
such as Europol, European Union Satellite Center, the European Defence Agency and the European
Maritime Safety Agency, making it stronger and better able to combat the threats of the EU. Additionally,
it could be argued that militarization provides member states with a wide range of information and data
that enables them to strengthen their security. Nevertheless, the opponents of the militarization of the
Mediterranean Basin have decried the lack of humanity it has generated. In fact, some analysts argue
that militarization has no place in the midst of a migrant crisis and that states should further focus on
preventing the deaths of the aformentioned groups.
Finally, in order to enhance the readiness of Mediterranean nations to face a security threat, it would be
to the best interest of these countries of establishing a common and joint protocol of intervention that
would entail joint-exercises. Although this could be difficult to implement, it could be interesting
considering the similar nature of the threats of the Mediterranean Basin countries.
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Forum:
General Assembly 1st Committee
Issue:
Controlling illicit arms smuggling in the Middle East and North Africa
(MENA) region
Student Officer: Saleh Alwer
Position:
Deputy Chair
Introduction
Some of the biggest problems in the Middle East and North Africa, such as terrorism, are
derived and/or supported by illegal arms trade. Which is why the main focus of the UN has been
to try and stop the arms trade to terrorist groups rather than to civilians. The UN and some NGOs
have tried to put an end to this problem multiple times, but to this date, they have ultimately failed
to improve the situation in the MENA region.
Terrorist groups such as ISIS get their hands on weapons in many different ways some
that may be defined as illegal arms trade. A lot of states such as Saudi Arabia, Qatar, USA, and
UAE… openly despise the Assad regime, and have publicly funded rebel groups in Syria, which
later developed into ISIS and used that money from the mentioned states to buy weapons and
ammunition for the terrorist organization. Since then, ISIS have taken control of many places in
Iraq and Syria, which allowed them to make over 3 Billion per year, from selling oil from the cities
they have taken over. That amount of money for a terrorist organization is unheard of and
because of that they have almost an unlimited amount of resources to buy the weapons and
armory they need. However, states are not selling weapons to ISIS (at least not publicly),
because of the huge ethical burden they would have to carry if they did. This is where illegal arms
trade comes in, some of the weapons that terrorist groups use are not exactly from the MENA
region however they do fit into the scope of this topic because they are being smuggled into the
MENA region. Arms experts have concluded that ammunition used in most ISIS attacks are from
the Balkans, which is flooded with arms after the Yugoslavia war in the 1995, meaning that these
arms where smuggled from the Balkans into the MENA region, showing us that the ISIS problem
in the MENA region is very much connected to the arms smuggling issue, and finding a solution
to one will ultimately help eradicate the other. However these same experts do say that the
weapons that ISIS soldiers use in Syria and Iraq are mostly manufactured in China, Russia or
USA. This is because when ISIS apprehended government territory in Iraq, they gained a lot of
weapons which where manufactured in the countries mentions. A study by the independent has
also shown that over 30% of ISIS weapons and ammunition is smuggled from Saudi Arabia,
Syria, Iraq, and Eastern Europe.
Why does illegal arms trade occur you might ask, many events occur that make it
possible for people to trade arms illegally. First of all, in most countries some weapons are flat
out illegal to own and cannot be licensed, for example, the AK47 isn’t allowed to be owned by
Jordanian civilians, and Egyptians are not allowed to own any automatic gun. Therefore, the only
resort to own these types of guns in certain places in the MENA region would be to buy a
smuggled one, increasing the demand for smuggled weapons, increasing the weapons
smuggled. However, illegal weapons for civilians play a small role in the illicit arms trade issue,
especially in the MENA region. The main reason for illicit arms trade occurring in the MENA
region is the rise of terrorist organizations in the MENA region, as terrorist simply cannot buy
arms legally, smuggling them is their only option. Terrorist organizations as ISIS make most their
money and resources from selling Oil, however one might wonder who is buying the oil since the
ISIS-controlled areas are extremely sanctioned and almost impossible to trade in. The
independent has reported that some governments buy ISIS’s cheap oil by using cash or trading
weapons for the oil, which shows us what allows ISIS to get the illicit traded arms.
Within the MENA region, illicit arms trade occurs mostly in Syria, Iraq and Jordan. Jordan
in 2013 seized 300% more weapons attempting to be smuggled into Syria than in 2012, showing
us that the issue is on the rise and not the other way around. The UN has tried to solve this issue
many times, passing resolution after resolution, most notably The Arms Trade Treaty, Dec 24 of
2014, however until now these have shown to be not working in the MENA region. To solve this
issue, weapons sold legally from Saudi Arabia, USA, Qatar... have to be tracked using GPS
trackers placed on them, this might be costly, but it is the only way in which we can assure this
problem is solved once and for all, since weapons traded legally are the ones that end up being
traded illegally and in the hands of ISIS and others.
Definition of Key Terms
Gunrunning:
This is a commonly used term for “Arms Trafficking”
Small arms:
“Revolvers and self-loading pistols, rifles and carbines, submachine guns, assault rifles, and light
machine guns, which are weapons designed for personal use”. Arms Trafficking
Heavy/light arms:
"Heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable
anti-aircraft guns, portable anti-tanks guns recoilless rifles, portable launchers of anti-aircraft
missile systems, and mortars of calibers less than 100 mm, which are designed for use by
several persons serving as a unit.” Arms Trafficking
Black market:
This isn’t a specific location on the map, it can be multiple places, it might even exist
online. It is defined as the place where the occurrence of the illegal arms trade happens.
Background Information:
The issue the MENA region is facing is not a simple one and cannot be summarized. It
ranges from a glock 19 pistol being smuggled into a country to be used by a civilian, to thousands
of automatic heavy arms into a country into the hands of terrorists.
The main manufacturers for weapons in the world are the USA, Russia and China, they
also happen to be the most powerful countries in the world. One might be asking why these
countries have not fought to stop the illicit arms trafficking happening in the MENA region. Well,
as seen in figure one, since 2004 until 2011 the Global Arms sale has not been affected by the
increase of illegal arms trafficking. So the main countries have not been affected by this problem,
therefore not giving them a motive to solve this issue once and for all and that is the reason why
this issue has grown to its size now.
Figure 1
The difference between legal and illegal arms trade:
Most of the time, it isn't illegal weapons that end up in the hands of terrorists and these types of
organizations, a study concluded. It is the arms that are traded legally and are later on traded illegally
that are the problem, so how can you differentiate between legal and illegal arms trade?
Arms trading turns from legal to illegal, when a country buys weapons publicly saying that the
weapons are for their own military, but their intention is to use them in illicit manners. This can be a
problem because some politicians are corrupt and will sell these weapons illegally for a profit, so it is
hard to differentiate if the country engaged in illegal arms trade or just some corrupt people within that
country. Weapons might be sold with a legal intent, however end up in the hands of terrorists. You might
watch these ISIS videos and wonder how ISIS got their hands on that many Toyota trucks, or how they
have these apparently expensive and well armed convoys. This is because, for example, the USA send
the Iraqi forces 2,000 convoys to fight ISIS, the Iraqi soldiers finds themselves losing the battle and
surrender, leaving the convoys for the Jihadists to take.
Illegal arms trade in the MENA region
Many countries around the MENA region face different backgrounds and consequences of the illegal
trade of arms:
The Current Situation in North Africa and the Middle East:
The Governments of North Africa has been struggling with a rise in illegal arms trade following the
political instability of the Middle East. The political problems in mainly Egypt, Libya and Tunisia have lead
to rapid growth of such illegal trade within North Africa. It is certainly obvious that the rise in violence,
especially with the appearance of ISIS, is a huge contributing factor to the illegal trading of arms in the
Middle East. The continuous problematic situations in the MENA region instill violence and encourage
the illegal trading of arms. It is worth noting that the higher the incite of violence by governments or
political parties, the higher the need for arms.
The Black Market:
It is worth noting that the black market of arms is neither an individual nor an organization.
The black market consists of various networks of illegal trafficking groups that include terrorists
and criminal organizations, which regulates the trading of such illegal arms across borders.
Terrorists and violence instigators are almost all the time involved in such a black market where
most illegal arms trade take place.
Major Countries and Organizations Involved
Northern African Countries
In North Africa, radical Islamic extremists are the biggest consumers for weapons, they are ready
to pay a huge price and give a safe passage for smugglers. Algeria, Tunisia and Libya have played a
major role in this issue, in 2013, they all signed an agreement which meant they would work together at
their borders to set joint checkpoints for example to tackle trafficking.
Libya
Since the fall of Mummer Qaddafi about three years ago, Libya has been holding a massive
amount of weapons of its former leader. A UN report shows that these weapons have been traded and
even reaching terrorist organizations in Gaza and Egypt.
Algeria
In Algeria, criminals are depending immensely on this arrangement of weapons coming from
Libya. Tunisia has stated that the gun that was used to kill an opposition leader, Muhammad Brahimi,
was also traded illegally from Libya.
Tunisia
In Tunisia the main reason for illicit arms trade is the high unemployment rate and the lack of jobs
there. One smuggler said, “There are very few job opportunities, and only a few people from my region
finish university. This is our only way of providing a sustainable life”
Middle Eastern Countries
Syria
Before the civil war erupted in Syria, it was one of the countries with the fewest arms in
the hands of citizens; in fact it was the Middle Eastern country with the least civilian arms.
Government weapons end up in rebel arms in three different ways; sometimes government
officials are corrupt and sell the army’s weapons to rebels that are ready to pay a high price.
Sometimes, groups as ISIS hold Syrian officials as hostage and ask for weapons in return for
them. A study by the globalinitiative.net shows that the prices of weapons in Syria are rising while
smuggles weapons prices are decreasing therefore increasing the smuggled weapons bought.
Iraq
Because of the poorly regulated flow of weapons into and out of Iraq, this has caused
ISIS to gain a huge amount of heavy and light arms that are now being used to commit crimes on
a massive scale in Iraq. An expert analysis reviewing ISIS videos showed that weapons used by
ISIS are mainly manufactured in USA and the EU, stolen from ISIS-seized government cities.
United States of America
The USA is the largest exporter of weapons in the world, currently responsible for more
than 30% of all weapons traded across the world. Although, it isn’t clear that there is the motive
to sell these weapons illegally, as we mentioned before, still sometimes they end up being
trafficked in an illegal manner via the black market. The USA doesn’t have the motive to stop
trading these weapons or to start to monitor the sales of these arms to a higher degree, as their
intention to try and maximize the revenue gained from the sale of these arms. In 2004 the USA
invaded Iraq, obviously they used ammunition to do that, when the US army left Iraq, a lot of
weapons were left behind and a couple of years later, ISIS took control of the area, seizing those
weapons which ultimately helped them expand.
Timeline of Events
Date
Event
9-20/07/2001
Conference on the Illicit Trade in Small Arms
and Light Weapons in All Its Aspects
31/08/2001
SC meets on small arms
7/03/2003
SC passes resolution on small arms
8/12/2005
Adoption of the International Tracing
Instrument
28/03/2013
Arms Trade Treaty is created
26/09/2013
Security council meets where is passes
resolution 2117 (S/PV.7036)
22/5/2015
“Programme of Action to Prevent, Combat
and Eradicate the Illicit Trade in Small Arms
and Light Weapons in All Its Aspects” passed
in the SC
Relevant UN Treaties and Events

Security Council Resolution on the proliferation of small arms as a threat to peace and security in
West Africa, 7 March 2003, (SC/RES/1467)

Addressing the negative humanitarian and development impact of the illicit manufacture, transfer
and circulation of small arms and light weapons and their excessive accumulation, 6 January
2006, (A/RES/60/463)

Promoting development through the reduction and prevention of armed violence, 16 December
2008, (A/RES/63/23)

United Nations Arms Trade Treaty, 28 March 2013, (A/CONF.217/2013/L.3) (Appendix F)

The Arms Trade Treaty, 24 December 2014, A/RES/69/49

“Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects”, 22 May 2015, (S/RES/2220 (2015) (Appendix H)
Previous Attempts to solve the Issue
As well as the treaties that were mentioned in the previous part, these are programs that were
adopted by the UN to combat this issue; United Nations Program of Action to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. The two main regional
organisations that have taken steps to promote the 1540 Arms Trade Treaty among the Member States
are the GCC (Gulf Cooperation Council) and the LAS (League of Arab States), both these organisations
have showed the will to address these issues such as illegal arms trade, affecting their countries and the
countries around them, however they continue to face many problems, while attempting to implement
these solutions in the 1540. These problems include, lack of funding to the border petrol, not enough
force at the border and
The implementation of the 1540 in the MENA region is likely to be low on the priority list of the
countries in that region, that is because of the political instability throughout the region, however some
countries such as Jordan and Libya have shown interest and devoted time and resources into the
implementation of the 1540. The USA Export Control and Related Border Security (EXBS) supported
Jordan, Oman, and Yemen in trade control trading. Many European and Asian countries have also
expressed their support for countries in the MENA region such as Germany, and Japan. The EU also
helped trade control of arms in the MENA region, by sending financial aid to the countries dealing with
this issue such as Jordan
Possible Solutions
There are different ways in which action is taken to solve this issue. To solve this problem,
delegates must realize that this issue although is based around the MENA region, this topic is a very
wide one and can be found in almost every country in the world, therefore delegates must make sure to
have their operative clauses tackle this issue specifically in the MENA region to avoid going off topic.
There are many treaties and deals in place that are there to tackle this issue, the problem is not the lack
of cooperation between countries and the lack of treaties and resolutions passed, the reason why this
issue keeps increasing in importance and size is because these treaties and resolutions are extremely
difficult to enforce and make sure that countries in the MENA region follow them since its very costly and
for some countries it is not worth the results, therefore a solution would be to fund these countries and to
make sure that the money funded is to be used for border control of illicit arms trade by supervising the
borders.
We established that the weapons that are traded legally, the sellers normally don’t have the initial
motive to illegally trade these arms, however via the black market and because of the lack of supervision
and weapon tracking, the weapons end up in the hands of terrorists illegally, therefore increasing the
supervision and weapon tracking by placing GPS trackers on weapons sold, would be a viable solution.
Another possible way that can be attempted to solve this problem is to increase the transparency
in the reporting of arms trade in order to be able to track the arms trade and see where the legal arms
trade turns illegal.
Within the passed resolutions in the UN, most of them have very vague definitions for the terms
“export”, “import”, “transit”, “trans-shipment” and “transfers”, meaning that the countries and parties
following these resolutions have very few guidelines to follow and a lot of loopholes to expose, therefore
a practical solution would be to have clearer definitions for these terms that are a crucial part of most UN
resolutions on this topic.
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2014. Web. 15 Dec. 2016. <https://www.amnesty.org/en/latest/news/2015/12/islamic-state-atrocitiesfuelled-by-decades-of-reckless-arms-trading/>.
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Forum:
General Assembly 1st Committee
Issue:
Measures to combat sexual violence in conflict zones
Student Officer: Eirini Sotiropoulou
Position:
Deputy Chair
Introduction
“In no other area is our collective failure to ensure effective protection for civilians more apparent
… than in terms of the masses of women and girls, but also boys and men, whose lives are destroyed
each year by sexual violence perpetrated in conflict.”—UN Secretary-General Ban Ki-moon, 2007. For
centuries, the use of sexual violence by organized armed groups, state armies or rebel groups during
conflict was seen as an unavoidable side effect of the aggression brought to the surface by war, as
collateral damage or even as the right of the advancing party in its victory. Only in the second half of the
20th century did the international community start condemning systematic sexual violence in conflict, in
all its possible forms, and recognizing the devastating effects it has on civilian populations, gender
equality, the social integrity of communities and the preservation of their structures, as well as postconflict peace building. Therefore, the notion that frequent outbreaks of sexual violence in conflict are
one of its unavoidable “natural consequences” is false, as women and men are intentionally violated and
have their personal dignity and community status severely degraded. “Rape is not done by mistake.”,
emphasizes Neill Mitchell in a US Institute of Peace Special Report on the topic. The systematic use of
sexual violence as a tactic of war is a blow against the essence of humanity itself.
Wartime rape is an expression of dominance and power, not of sexual desire, as it aims to
terrorize, destroy the very roots of communal structures, force populations to flee, humiliate civilians,
boost the morale of the military or even strategically force a particular group into disintegration. This is
partially proven by the fact that militants or other involved parties often intentionally use objects to
sexually abuse enemy civilians and not their own bodies. Furthermore, a relevant study by the Peace
Research Institute Oslo (PRIO) indicates that 64 percent of armed groups in the 48 ongoing conflicts in
the African continent between 1989 and 2009 do not appear to have used systematic sexual violence
during conflict, which proves that it is not an unfortunate side effect of any conflict. Therefore, the
individuals responsible for either committing such crimes, allowing them to happen or directly or
indirectly instructing their inferiors to engage in such acts must be brought to justice by the international
community, which must also make a considerable effort to prevent such acts from taking place and offer
psychological support to the millions whose lives have been destroyed by sexual violence during conflict.
Definition of Key Terms
Sexual Violence
The World Health Organization (WHO) defines sexual violence as “any sexual act, attempt to
obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed,
against a person’s sexuality using coercion, by any person regardless of their relationship to the victim,
in any setting”. More specifically, this covers rape, attempted rape, forced pregnancy, forced prostitution
etc.
The term “coercion” does not only describe the use of physical force, but also that of
psychological pressure and intimidation, threats and blackmail. It also covers instances in which the
victim is practically unable to grant consent, e.g. while asleep, intoxicated or lacking the mental capacity
to fully comprehend the situation due to a variety of reasons.
Conflict zone or war zone
A war zone is “a zone in which belligerents are waging a war” or more generally “an area marked
by extreme violence1. There exists no globally accepted definition of “conflict zone”, but the term is
sufficiently covered by the broader definition of war zones, as it aims to include areas in which no official
war is being fought between specific parties, but conflict and violence are widespread.
Post-traumatic Stress Disorder (PTSD)
PTSD is a psychiatric disorder that may plague those who have experienced or witnessed
intense traumatic and/or life threatening events, such as but not limited to military combat and various
forms of physical or sexual assault. Those who suffer from it are unable to let go of the traumatic
experience, possibly reliving it in nightmares and flashbacks, suffering from sleep disorders, avoiding
people or places that remind them of the event, feeling constantly numb and detached, startling easily
etc. PTSD often becomes worse over time and can have life-long implications on the mental health of
the person affected.
“Definition of war zone” Merriam-Webster. Merriam Webster, n.d. Web. 21 Nov. 2016 <http://www.merriamwebster.com/dictionary/war%20zone>
1
International Humanitarian Law (IHL)
According to the International Committee of the Red Cross, IHL is “a set of rules which seek, for
humanitarian reasons, to limit the effects of armed conflict.” It is responsible for the protection of those
who were never or are no longer involved in conflict and seeks to limit the methods and means of
warfare. It is a part of international law that is generally considered binding for state-parties of the
respective conventions.
Background Information
Historical overview of sexual violence in conflict
The use of sexual violence during armed conflicts, raids, sieges and the sacking of cities and
villages as a tactic of intimidation, humiliation, territorial advancement and destruction of social structures
has been common since ancient times and probably present in the majority of wars waged. However, it
was first recognized as having a political hue and a strategic-military function when attention was drawn
to the targeted sexual violence applied against Muslim Bengali women during the Bangladesh-Pakistan
war of independence in 1971. This was largely due to media attention and feminist movements that
demanded recognition of such crimes and their impact by the international community. From then on, the
topic was granted increasing attention by the international community, NGOs and the UN. However,
there exist characteristic historical examples of occurrences of sexual violence as a military tactic before
that, which were not necessarily recognized as such at the time.
Sexual violence during and related to World War II
During last stages of the invasion of Berlin in the spring of 1945, the rapidly and
victoriously advancing Soviet Army engaged in one of the most notorious mass rapes in modern
history: Fuelled by their desire to conquest and take revenge on the Germans for the Nazi
invasion of Russia, soviet soldiers ruthlessly raped an uncounted but enormous number of
female German civilians of all ages in the chaos and impunity of an almost ungoverned Berlin.
The brutal gang rapes and extensive use of violence that has been reported by many victims,
survivors or even perpetrators leaves no gaps as to the weight and impact of this event, but it
was a taboo subject for many years. Of course, both the Soviet command and high-ranking Nazi
militants had instructed their troops not to use sexual violence or come in any form of sexual
contact with enemy civilians, but members of both armies blatantly disobeyed these orders and
where never punished. Many Soviet soldiers saw this as an opportunity to take revenge for
respective acts of sexual violence committed by Nazi soldiers during Germany’s invasion of
Europe, the number of which is also undeniably high. However, the Nuremberg Tribunals did not
manage to charge accused Nazi war criminals of rape, and soviet military tribunals or other
relevant sources are not available to the public.
Another historic example is the so-called “rape of Nanking”: During the invasion of the
then Chinese capital city of Nanking by the Japanese army, Japanese soldiers mass raped and
then massacred more than 20,000 female Chinese civilians, from girls under the age of 8 to old
women, urged by their superiors to inflict the maximum pain possible on the enemy and show no
mercy, seeing the Nanking massacre as chance to get tougher for future conflicts. After that,
thousands of Chinese women were given the title “Comfort Women” and forced into sexual
slavery for Japanese soldiers. Two Japanese officials where tried and found guilty for
encouraging or not preventing these acts among others and where sentenced to death by the
International Military Tribunal for the Far East after WW II.
Systematic rape as a form of genocide in Rwanda
A characteristic example of sexual violence in conflict condemned as an international
crime, in this case falling under the category of the crime of genocide, was the systematic,
intended rape and sexual enslavement of thousands of Tutsi women during the 1994 genocide in
Rwanda. The notorious Hutu militia groups, members of the Rwandan Armed Forces as well as
civilians engaged in this mass-scale act of sexual violence, directed or encouraged by military
leaders as well as heads of state and local communities, with the aim of destroying the Tutsi
ethnic group from the roots of its existence. Therefore, the trial chamber of the International
Criminal Tribunal for Rwanda concluded that these acts of sexual violence against Tutsi women
“was systematic and was perpetrated against all Tutsi women and solely against them”, that in
this case such acts constitute acts of genocide, and that they were “a step in the destruction of
the Tutsi group-destruction of the spirit, of the will to live, and of life itself”. It also proceeded to
convict a number of high officials responsible for ordering or overseeing the targeted sexual
abuse of Tutsi women, e.g. the mayor of the Taba commune Jean-Paul Akayesu, of rape as a
part of the genocide and as a crime against humanity.
Sexual violence in former Yugoslavia
Another example are the frequent occurrences of systematic rape and sexual slavery in
captivity during conflict are such acts committed during the unrest in former Yugoslavia, were it
was found by the International Criminal Tribunal for Former Yugoslavia that Bosnian Serb forces
were ordered by main military figures to rape women of various ethnicities and religions, or such
acts were tolerated by them. It was the first time that an international criminal tribunal tried cases
explicitly for acts of sexual violence.
Sexual violence under international law
International Humanitarian Law
According to Customary International Humanitarian Law as defined by the
International Committee of the Red Cross, the prevention of “outrages upon personal
dignity” should be guaranteed for all civilians and hors de combat under the Additional
Protocols I and II of the 3rd Geneva Convention. This is further specified by Article 75 of
Additional Protocol I, which clarifies that “humiliating and degrading treatment, enforced
prostitution and any form of indecent assault” should be prohibited and “rape” is added to
this list by Article 4 of Additional Protocol II. Furthermore, the protection of women and
children from rape, enforced prostitution and any other form of indecent assault is
requested by the 4th Geneva Convention and its Additional Protocol I.
Therefore, offenses such as rape, enslaved prostitution, sexual slavery, enforced
sterilization and forced pregnancy during conflict are punishable under international law
as crimes against humanity in case they occur in the context of a systematic attack on
civilians, as an act of genocide if they have the aim of eradicating a group with specific
characteristics and/or as war crimes if they are associated with or take place during an
armed conflict. They can be proved as such when accordingly contextualized and when
there is adequate proof that the perpetrator committed the act while being aware of the
ongoing conflict.
Rome Statute of the International Criminal Court
According to the Rome Statute of the International Criminal Court (ICC) “rape,
sexual slavery, forced prostitution, forced pregnancy, enforced sterilization and other
forms of sexual violence of comparable gravity” constitute acts of sexual violence.
Individuals can therefore be prosecuted by the Court for the orchestration or toleration of
such acts committed by groups under their authority during times of conflict.
Causes of sexual violence in conflict situations
The culture of impunity dominant in the chaos that ensues in conflict zones allows for acts of
sexual violence to be frequently committed without obstructions. These acts can be seen by military
groups as a reward for winning battles, especially for soldiers that are underpaid. In some cultures, the
rape of enemy civilians is considered proof of male soldiers’ “masculinity and success”, as a means of
enhancing their dominant status in the new order of things. It may also be used as a means of extracting
useful strategic information from locals and also as a maturation ritual for child soldiers. Rape has been
described as “a metonymic celebration of territorial acquisition”2 which often accompanies territorial
advancement. In many cases, there have been specific attempts to spread HIV in enemy communities
via acts of sexual violence, with the aim of undermining and harming the reproduction and social integrity
of these groups.
Sexual violence against men
Rape and acts of sexual violence in conflict are usually associated by violence against women.
The patriarchal structure of many societies in which this is a prominent problem, the inferior social and in
many cases legal status of women, the fact that most armies and armed groups engaging in such acts
are almost entirely comprised of men, the lack of female representatives in conflict solving, policy making
and peace negotiations in these areas as well as the sexual objectification and trafficking of women and
girls result in the majority of cases of sexual violence in conflict zones collectively having a more serious
negative impact on the female gender than on the male. However, attention has recently been drawn to
the fact that gender role conformity has negative results on both sexes, something that applies to this
topic too, as the targeted rape of men in conflict is a reality that needs to be dealt with.
The sexual abuse of men in conflict is severely underreported, both on its own and in comparison
to that of women, as powerful gender roles in communities plagued by this phenomenon enhance the
social stigmatization of men and decrease their willingness to report. Many men and boys that have
been sexually abused feel that they have failed to fulfill their role of power and masculinity, have
experienced the utmost humiliation possible and can no longer be seen as respected male members of
their community. This is, unfortunately, often proven to be the case, as males that have been raped
during conflict are often marginalized and even declared unwanted by their wives. They are also often
condemned of homosexuality, regardless of their lack of consent, as is the case in e.g. Uganda.
Gang rape is also in some cases used to bond and coerce soldiers that have been recruited by
force to a new military group.
2
Gayatri Chakravorty Spivak, Professor of contemporary philosophy at Columbia University
Physical and psychological consequences
Systematic sexual violence has devastating physical and psychological consequences for the
victims. It may cause temporary or permanent injuries, result in sexual mutilation or the inability to
reproduce often due to forced sterilization and the infection of large groups with Sexually Transmitted
Diseases (STDs) which are in many cases untreatable, or treatment for which is possibly not available
within the conflict zone, something which affects a community or group long after a conflict has ended. It
also frequently results in un-wanted pregnancies which in turn give rise to the phenomenon of
improvised, unsupervised un-safe abortions that may cause permanent damage and pain or even death.
PTSD and feelings of shame, humiliation and guilt victims often suffer from are in an alarmingly high
number of cases never resolved, either because they prevent the victim from reporting the incident and
asking for help, or because such help and support is not available or inadequate. The imminent threat of
ostracization of the victims by intolerant communities where there is even lack of trust and fear of
national police forces and specialized agencies, as well as common sexual taboos all contribute to the
silencing of rape victims during and after war. Therefore, systematic sexual violence strategically used
during conflict succeeds in delivering a blow against entire communal structures, targeting the females
and therefore the continuation of the society, as well as shaming the males for failing to protect them, in
societies where such gender roles exist.
Prominent contemporary occurrences of sexual violence in conflict zones
The sexual abuse of women by the alleged Islamic State of Iraq and Syria
One of the many horrors ISIS engages in as a radical islamist terrorist group is the sexual
abuse, rape and predominantly enforced sexual slavery of non-Muslim women in regions of Iraq
and Syria by the thousands. ISIS militias are known to have systematically raped “unbelieving”
female civilians in the regions under their occupation, with group leaders clearly supporting that
this is something dictated by their faith and specifically urging group members to traffic, sexually
harass and torture non-Muslim women or even underage girls, who in their eyes constitute
merely property to be sold, bought, given as a gift, forced into marriage or disposed of. This
phenomenon has plagued the more than 2.500 captured women of the Yazidi minority sect in
Iraq particularly severely. 3
For more information, read the following report : http://uu.divaportal.org/smash/get/diva2:889178/FULLTEXT01.pdf «Sexual violence as a weapon of war: the case of
3
ISIS in Syria and Iraq», Uppsala University
Boko Haram’s war on women
Boko Haram, constituting a terrorist organization that aims to establish an Islamic state in
Nigeria and wage war on western education, has extensively used forms of targeted sexual
violence against women in order to achieve these goals and enforce hierarchal structures.
Similarly to ISIS, it has specifically made a point of supporting such tactics and drawing
worldwide attention to them. They have abducted thousands of women and used enhanced
forms of sexual abuse on them, raping, torturing and forcing them into marriage, as escapees
from Boko Haram detainment camps have frequently reported.
Major Countries and Organizations Involved
United Kingdom
The United Kingdom Foreign& Commonwealth Office has been one of the most prominent advocates
of measures to combat sexual violence in conflict zones in the international community, as it has created
a Select Committee on Sexual Violence in Conflict that regularly issues relevant reports, hosted the 2014
Global Summit to End Sexual Violence in Conflict which has been the largest international gathering on
this issue and been one of the two major contributors to the drafting of the International Protocol on the
Documentation and Investigation of Sexual Violence in Conflict.
Democratic Republic of the Congo
The long-lasting, chaotic ongoing conflict in DR Congo, often dubbed the “deadliest conflict in Africa”,
has brought about extreme phenomena of sexual violence directly associated to it the lasting state
instability and confusion that it creates. The conflict has exacerbated existing gender inequality deeply
rooted in the social norms of the Congolese society, according to the Gender Country Profile 2014,
resulting in the severely underreported rape of millions, approximately 73% of which are women and
25% children. At least half of the cases have been committed by members of the DRC armed forces
(FARDC), as reported by the UN Joint Human Rights Office in DRC from 2010 to 2013. The conflict is
currently less severe than in the past, but rebel groups and armed forces continue to clash frequently
and impunity largely dominates.
Sierra Leone
The rebels of the Revolutionary United Front in Sierra Leone engaged in targeted acts of sexual
violence during the ten year war with government forces, with the aim of deliberately degrading and
corrode community structures and values. Acts of rape were perpetrated by child soldiers against older
women and families were forced to watch their children be raped mercilessly, regardless of age, status
or pregnancies. The Special Court for Sierra Leone (SCSL), established by the UN in order to create
jurisprudence for the human rights atrocities in Sierra Leone. The court proceeded to indict three
members of the RUF with rape as a crime against humanity, sexual slavery as a crime against humanity
and outrages upon personal dignity as a violation of the Geneva Conventions.
Human Rights Watch
The Human Rights Watch has extensively dealt with this topic, issuing frequent reports on modernday sexual violence in conflict all around the world and pressuring governments and relevant UN
organizations to take action, or drawing global attention to atrocities. It also frequently publishes
interviews of victims and reports on UN actions on the matter, thus constituting an important advocate for
underreported and ignored cases of sexual violence in conflict zones.
UN Women
UN Women is the main UN organization for gender equality. It has been an important factor in the
creation of the UN Action against Sexual Violence in Conflict and the filing of “Addressing ConflictRelated Sexual Violence: An Analytical Inventory of Peacekeeping Practice” along with the African
Union, the European Union, NATO and others.
Office of the Special Representative of the Secretary General on Sexual Violence in Conflict
The OSRSG-SVC was created by SC resolution 1888 in 2009 and is the spokesperson of the UN on
this matter. It chairs the UN Action against Sexual Violence in Conflict. The current SRSG-SVC is Zainab
Hawa Bangura of Sierra Leone.
Other relevant nations and organizations include Sudan and South Sudan, Colombia, the Central African
Republic, Afghanistan and Amnesty International.
Timeline of Events
Date
1937
1945-1946
1949
1971
Description of event
Nanjing Massacre
Nuremberg Trials
Geneva Convention
Sexual violence against Muslim Bengali women during the BangladeshPakistan war of independence
1998
ICTR judgement of Jean-Paul Akayesu in Rwanda
2002
ICC begins functioning
2002
ICTFY convicts three Bosnian-Serb military officers for sexual enslavement
and rape as crimes against humanity
2016
First ICC conviction of commander-in-chief for sexual violence crimes
committed by his troops in the Central African Republic (Jean-Pierre Bemba
Gombo of DR Congo)
Relevant UN Treaties and Events
Security Council Resolutions οn Women, Peace and Security
S/RES/1325, 31 October 2000
This SC resolution was the first of its kind to address the repercussions of conflict specifically
on women during and after military conflicts. It urges all parties to take befitting measures for the
protection of girls and women from sexual violence. It also requests that states take necessary
measures to end the impunity of those responsible for acts of sexual violence in wartime and
prosecute them according to international law if they are suspected of the use of such violence in
the context of war crimes, crimes against humanity and genocide.
S/RES/1820, 19 June 2008
This is the first UN Security Council resolution to have exclusively addressed sexual violence
in conflict zones. It resulted in the recognition of sexual violence as a security issue and of the
threat sexual violence as a tactic of war poses to international peace and security.
S/RES/1888, 30 September 2009
UN Security Council Resolution 1888 (2009) is a follow-up resolution to Resolution 1820.
Apart from emphasizing the importance of the points made in the previous 2 resolutions, it
requested specific measures for the protection of women and children from sexual violence by
US peacekeepers and during UN sponsored peace negotiations. It also requested the monitoring
of sexual violence in conflict according to a new proposal by the Secretary General and the
appointment of a special representative for sexual violence. Other important documents are SC
Resolution 1960 (2010) and 2122 (2013).
General Assembly-endorsed Declaration of Commitment to End Sexual Violence in
Conflict,
This declaration was launched by UK Foreign Secretary William Hague and SGSR-SVC
Zainab Bangura in the UN headquarters in 2013 and endorsed in the GA by 122 nations. It is an
important commitment to a series of measures ranging from strengthening national and
international dedication to this cause to the rehabilitation of victims4. Another similar and
important effort is the United Nations Action against Sexual Violence in Conflict, and the technical
assistance provided by the Team of Experts on the Rule of Law and Sexual Violence in Conflict.
Previous Attempts to solve the Issue
Since this issue was first brought into the spotlight, the significance of bringing an end to sexual
violence in conflict has generated increasing coordinated efforts by various nations and international
organizations. Aside from the UN-related efforts and the aforementioned International Protocol on the
Documentation and Investigation of Sexual Violence in Conflict drafted by the UK, the EU has also
created an important document called the Council of Europe Convention on preventing and combating
violence against women and domestic violence, otherwise known as the Istanbul Convention. While this
convention may not be explicitly related to sexual violence in conflict, it is an extremely important and
well-structured document, and many of the measures and solutions proposed overlap with measures
necessary for combating sexual violence in conflict zones. Therefore, delegates are urged to study it and
draw ideas from it and the categories it covers.
Possible Solutions
Because this issue is multifaceted, solutions for each and every one of its aspects must be found.
First and foremost, the international community needs to gain a deeper understanding of the
phenomenon of sexual violence in conflict zones, as its intensity and consequences vary greatly,
depending on a multitude of factors. In order for this to be achieved, gaps in the monitoring of this
phenomenon need to be covered, in order for causes, intensity, consequences, perpetrators and specific
correlation to military formations, geographical location, traditions and social structures to be pinpointed.
Member states must cooperate with existing organizations to achieve this, basing their efforts on existing
guidelines and the aforementioned documents, but the efforts of states themselves need to be
Full text of the commitment: https://www.gov.uk/government/publications/a-declaration-of-commitment-to-endsexual-violence-in-conflict
4
monitored, so that international accountability can be ensured and public profiling be used as a means of
applying pressure. States must also focus on sufficiently instructing, guiding and equipping national
security and justice institutions for the confrontation with this issue. However, where national efforts fail,
are not adequately sponsored or are actively not being made, international intervention is necessary.
Another issue that must be tackled is the impunity of individuals responsible for either committing
or encouraging sexual violence as a tactic of war. They need to be traced and criminally prosecuted,
either by state courts or by international courts and tribunals in case of crimes so great they constitute a
violation of international law. For nations that are severely affected by this issue but have not ratified the
Rome Statute (e.g. Iraq), and whose citizens can therefore not be prosecuted by the ICC, “hybrid
tribunals” could be created ad hoc. It must be noted that commanders of troops who fail to or refuse to
prevent the use of sexual violence by their troops must be held legally accountable, and not only those
who implicitly or explicitly instruct troops to commit such acts.
In areas where women are institutionally degraded, their inclusion in peace negotiations and the
planning of peace building must be strongly promoted. However, more international attention needs to
be brought to the case of male victims of sexual violence in conflict, as very little progress has been
made by both NGOs and governments regarding how severely underreported this phenomenon is due to
fear of social stigmatization.
Concerning this stigmatization, official government mechanisms need to be formed in order to
tackle the institutions and ideals that bring it about. This could be done through community projects, the
deconstruction of stereotypes and etiquettes surrounding rape survivors of both genders being
strategically and methodically integrated into the official educational system and connection with the
international community. Discouraging stigmatization and marginalization of rape victims needs to take
place on a local, national and international level.
Raising public awareness about the fact that that the systematic use of sexual violence in conflict
is considered a war crime and is not an inevitable side effect of conflicts and invasions is also very
important, as it will urge citizens and policymakers worldwide to comprehend the gravity of the situation.
More awareness needs to be drawn to this issue, which is often viewed as “less serious” than other
wartime concerns, something that could be achieved by e.g. suggesting that this issue be discussed in
the 2017 NATO summit.
Last but not least, clear avenues of communication must be made available to victims for
reporting and infrastructure needs to be in place in order to help them heal and rehabilitate them into
society. This is crucial for ameliorating the devastating effects systematic sexual violence in wartime has
on peace building and community structures. The UN could offer support to the many NGOs such as
HRW actively trying to assist victims by bringing their efforts to a more formal platform, or even create
relevant programmes of its own.
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Forum:
General Assembly 1st Committee
Issue:
The Question of the Disputed Territories Between Sudan and South
Sudan
Student Officer: Mehmed Can Olgaç
Position:
Chair
Introduction
The year 1956, the date of independence of Sudan, marked the beginning of the fifty year long
armed conflict in the region. Started as a guerrilla movement against the Arabic dominated government
in Khartoum, the independence movement of the South quickly turned into a major scale civil war in the
country. Recessed by a ten year long peace period brought by the autonomous status granted to the
people of the South, the civil war was resumed with the Northern enforcement of Islamic sharia law to
the animist/Christian South. More determined, the Sudanese People’s Liberation Movement, South
Sudanese rebel forces, maintained its efforts until the government in Khartoum would agree to negotiate
the terms of independence. Eventually with the signing of the Comprehensive Peace Agreement in 2005,
the people of the south were promised a referendum of independence to be hold in six years of time. On
July 9th, 2011, with an overwhelming majority, South Sudan voted for secession and became a fully
independent country. The secession, however, didn’t mark the era of peace, security, and stability in the
region. On the contrary, it initiated the conflicts over the natural resource rich territories along the newly
formed border between Sudan and South Sudan.
The long years of continuous armed conflict left a highly militarised society in both Sudan and
South Sudan. Alongside the state actors, the non-state actors, such as Misseriya and Ngok Dinka tribal
groups in Abyei, are also engaging in clashes with the aims of legitimising their claims over the disputed
border towns. As a result of this long lasting turmoil, an estimate of 2.3 million people have been
displaced and many more killed. Thus, the instability in the region interferes with the oil exportation
process, leading the socioeconomic growth of the two countries to suffer despite the fertile oil reserves
they bear. Today, on the contrary of these facts, the situation of the disputed territories between the two
countries remains unsolved, crippling the developing Sudan and South Sudan and their cooperation. Oil
exportation being the most important source of wealth in the region, the resolution of the disputes over
these territories is vital for the wellbeing of both countries.
Definition of Key Terms
Greater Nile Oil Pipeline (Otherwise referred to as the
Sudanese Crude Oil Transportation System)
Greater Nile Oil Pipeline is the 1500 km long oil exporting
pipeline that starts from the disputed border town of Heglig and
extends to Port Sudan, where the oil extracted in Sudan and
South Sudan is exported from. Since December 1 2014, Ministry
of Petroleum of Sudanese government has had full control over
the pipeline.
Although South Sudan is an independent state since
2011, they depend on the Greater Nile Oil Pipeline, in other words
on Sudanese Government, for exportation of their oil, as the
pipeline is the only one available in the region. Oil exportation,
making up 98% of South Sudan’s national income, is the most vital income source for the country.
Needless to say that this dependence of the South on
the North is open to manipulation by the Sudanese
Image 1: The Greater Nile Oil Pipeline
https://willyloman.files.wordpress.com/2012/03/oil-pipelinesudan.jpg
government in both economic and political terms.
On 17th of January 2016, the following statement regarding transportation fees (tariffs) was made
by the South Sudanese Minister of Petroleum and Mining: “We are left with no option at the moment rather
than to shut it (oil fields) down because it’s not feasible. We cannot sell the oil at loss”. Despite the severity
of the situation, the Sudanese government stands firm with the current tariff rates. For a complete solution,
this situation should also be tackled in a possible solution to the issue of territorial disputes between the
countries.
Heglig Crisis
Heglig, as explained in detail in the latter parts of this report, is a disputed, oil rich border town,
which is administrated by the South Kordofan state of Sudan. Heglig Crisis is a term referring to the
armed conflict between Sudan and South Sudan which emerged after South Sudanese Armed Forces
invaded the area on the 10th of April 2012 in an attempt to protest the high transportation fees imposed
by the Sudanese government. Although the invasion had been pushed back by the Sudanese Army, the
clashes have been the most severe to occur since 2011. Heglig being Sudan’s most profitable oil field,
the occupation and the events that followed had huge economic effects on Sudan. Thus, the crisis
caused the displacement and mass destruction in Heglig city.
Heglig Crisis was not the first and hasn’t been the last armed conflict between Sudan and South
Sudan (or Northern tribes and Southern tribes backed up by the respective governments). The conflict is
pointed out here as an exemplary incident to give the delegates an idea on the effects of the situation in
the indefinite borderline.
The 1956 Border
To be more precise, the 1st of January 1956 border (The date of independence of Sudan from the
Anglo-Egyptian rule) is the border, which was designated by the Anglo-Egyptian Condominium for
dividing its colony into two based on ethnic and religious differences. Both the South and the North
perceive the border as the most unbiased and objective demarcation since it is thought that the British
had no incentive to favor either of the countries. Due to this reason, Comprehensive Peace Agreement
(CPA) signed in 2005, accepts the 1956 border as the only legitimate border. Although the “1956 Border”
is referred to in the CPA, there is a slight issue. The actual borderline of 1956 has not been recorded
with certainty; therefore, there is no common understanding of the 1956 border.
In order to solve this issue, the CPA asked for the establishment the Technical Border
Committee, yet the attempt was not enough to solve the problem as this highly political problem was
approached to as a technical one by the committee. As a result of this inconvenience of the fate of the
actual 1956 border, the territorial disputes between today’s Sudan and South Sudan emerged.
Border States of Sudan and South Sudan (ex: West/South Kurdufan, Blue Nile, Unity)
The debate on the disputed territories between the two parties has the goal of determining if an
oil rich border town or city belongs to a border state of Sudan or South Sudan according to the 1958
borders. Therefore, the names of the border states of the two countries may come up often and cause
confusion during the research process. Below is a map, which can facilitate a
clarification to this possible inconvenience.
Image 2: Claimed and disputed areas of the Sudan-South Sudan border
http://www.smallarmssurveysudan.org/fileadmin/docs/working-papers/HSBA-WP34-ContestedBorders.pdf
The Permanent Court of Arbitration of The Hague (PCA)
“The Permanent Court of Arbitration, established in 1899, is an intergovernmental organization
providing a variety of dispute resolution services to the international community” (pca-cpa.org). The
Court of Arbitration has also addressed the case of the disputed territories between Sudan and South
Sudan on July 2008. The final awards of this case regarding the legal status of some of the disputed
territories will be referred to in the Background Information section of this report.
UNISFA (United Nations Interim Security Force for Abyei)
Established in accordance with the Security Council resolution 1990 on 27th of June 2011, the
UNISFA aims to monitor the disputed borderline between Sudan-South Sudan, protect civilians and
humanitarian workers, and facilitate the delivery of the humanitarian aid to the area. Both Sudan and
South Sudan recognize UNISFA and has agreed to let the peacekeeping forces to function as a security
line between the southern Ngok Dinka and Northern Misseriya in order to prevent further clashes in the
region.
Background Information
The situation in the area of Sudan is a complex one including ethnical, religious, economic and
political discords. In order to fully understand the issue of the disputed territories of today between
Sudan and South Sudan, one should first know the recent history and the demographics of the region
and the two countries. In the following sub-sections, this report aims to expound the incidents that lead
to the secession in 2011 and the legal and actual situations of today’s disputed territories during those
incidents.
Demographics of Sudan and South Sudan: The core of conflict
Perhaps the core of most territorial disputes and secessions of late history, ethnic difference and
discrimination was an important factor in the road to secession of South Sudan. What was called Sudan
between 1956-2011 was far from being ethnically united. Today, in Sudan (North Sudan) the most
dominant ethnic group, by approximately 70%, is Sudanese Arabs and the predominant religion is Islam.
On the other hand, in South Sudan, there are more than hundreds of ethnic groups- Dinka, by 35.8%,
and Nuer, by 15.6%, being the most abundant ones- and the prevalent religions are Christianity and
Animism. Despite this diversity of ethnicities in Sudan between 1956-2011, the government was not
always as diverse and was often dominated by the Muslim Arab population; thus the socioeconomic
status of people living in the South was noticeably lower than the ones living in the North prior to the
secession.
Although the African Christian/Animist South gained its independence from Arabic Muslim North,
the ethnical wars have not been fully eradicated. South Sudan, on its own, has fourteen major ethnic
groups, two of which (Dinka and Nuer) have initiated the South Sudanese Civil War in December 2013.
Pre-independence: Anglo-Egyptian Sudan
Between 1899-1956, before Sudan gained its independence, the Anglo-Egyptian Condominium
ruled the area. In the north, the resistance against the Anglo-Egyptian Condominium was weak, so
modern improvements have been introduced; however, this was not the case in the south. Having had to
deal with the armed uprisings against the condominium, the Anglo-Egyptian rule couldn’t penetrate into
the southern society. As a result, the North, in cooperation with the Condominium, has advanced more
rapidly than the south, creating a huge intellectual and technological gap between the two. This marked
the onset of social and cultural secession of Sudan and South Sudan. In 1922, the Anglo-Egyptian
Condominium has restricted the movement of the Northerners, south of the 10th parallel, and
Southerners, north of the 8th. Physically dividing Sudan into two, the British colonial powers have aimed
to prevent the spread of Islam to the Christian South. So, in the years of the Anglo-Egyptian rule, these
physical and cultural barriers set between the North and South have provided the basis for the process
of division.
The road to secession: Civil wars of independence
Based on ethnical difference and the foreign politics of the United Kingdom and Egypt, when
Sudan gained independence in 1956, it was no longer a united state. The hate between the North and
the South grew exponentially as the government, dominated by the Arabic and Muslim Northerners
invested mostly for the benefit of the North, and South was intentionally mistreated. Therefore, the year
1956 also marked the birth of a 50 year long armed conflict in the region starting with the First Sudanese
Civil War.
First Sudanese Civil War (1955-1972)
Against the unjust Northern dominated Khartoum government, the civil war broke off in the aim
of creating an independent South Sudan. For the first 16 years of war, the Southern Sudanese rebels
were fighting the civil war in a disorganized manner. When in 1963, General Joseph Lagu united the
rebels under Anya Nya, an organized army formulated by the South Sudanese rebel groups, the
Sudanese government realized the threat of a powerful reaction and, later on, agreed to negotiate the
terms of autonomy for South Sudan.
The war, which lasted for 17 years, was concluded with the Addis Ababa Agreement in 1972.
Addis Ababa Agreement (1972)
The negotiations between Anya Nya and the Sudanese government were concluded by the
signing of a peace agreement in the Ethiopian capital of Addis Ababa on February 27, 1972. According
to the treaty, South Sudan gained an autonomous region status, but remained linked to the government
in Khartoum.
At first, the agreement provided an economic boost for the both parties as it promised peace
and stability in the region. Yet in the following years, the economic development of Sudan (North) has
failed and the leading party SSU (Sudanese Socialist Union) lost its majority in the parliament. In order to
continue being a part of the government SSU formed a coalition with Hasan al-Turabi’s Islamic National
Front (NIF), which aimed to reunite the divided Sudan and introducing the Sharia law to the country. In
1983, highly influenced by the NIF and Hasan al-Turabi, the Sudanese government interfered with the
domestic affairs of the autonomous region of South Sudan, which marked the start of the Second
Sudanese Civil War.
Second Sudanese Civil War (1983-2005)
Erupted in 1983, the Second Sudanese Civil War lasted for 22 years. During the years of war,
an estimated two and a half million people died and a four million people have been displaced. Alongside
with international mediators, lead by U.S diplomacy, the Sudanese Government and SPLA (Sudan
People’s Liberation Army) have agreed to consider the peaceful solution once again.
Comprehensive Peace Agreement (Naivasha Agreement, 2005)
The Comprehensive Peace Agreement is the peace treaty that concluded the Second
Sudanese Civil War and eventually lead to the secession of South Sudan in 2011. The issue of the
disputed territories between the two countries have been addressed by the agreement, and the
stipulations on each disputed territory have been analysed in the later parts of this document.
South Sudanese Independence Referendum (2011)
On 15th of January 2011, South Sudan, with a determinant majority of 98.83%, have voted for
secession. On 9th of July 2011, South Sudan declared its independence and Sudan became the first
country to recognize this independence.
The disputed territories between Sudan and South Sudan
The signing of the Comprehensive Peace Agreement did not mark the end of conflict in the
region. Both parties continued to claim ownership of the natural resource rich territories along the border
due to the inconvenience created by the agreed upon border of 1956. These claims, in the forms of
armed conflicts, have displaced civilians, damaged cities, houses and infrastructures, affected the
economies of both countries and inhibited the wellbeing of civilians.
Below, you may find
the analysis of some of the
most conflicted disputed
territories on the borderline.
Image 2: Sudan& South Sudan Border
Disputes
http://www.polgeonow.com/2012/05/featuresudan-south-sudan-border_26.html
Abyei Area
Abyei Area is, perhaps, the most significant disputed area along the border of Sudan and South
Sudan with its several oil fields. The area is home to mainly two ethnic groups. The first and permanent
one of these ethnic groups is the Ngok Dinka which is strongly associated with Southern Sudan; the
second and nomadic one of these groups being the Misseriya, which is a branch of Northern Sudanese
Arab tribes. The Misseriya migrate to the north of Abyei during the dry season and accommodate in their
temporary settlements until the dry season is over, on the other hand, Ngok Dinka are permanent
residents of the south of Abyei.
Due to this immense significance of the area, Abyei was always prioritized over the other
disputed territories. So much that according to the CPA, a referendum was scheduled to take place on
15th of January 2011 to determine the faith of this crucial region. However, an officially recognized
referendum never took place as the governments in Juba and Khartoum couldn’t reach a conclusion on
whether the nomadic Misseriya tribe members were eligible to vote or not.
In May 2011, Sudanese Armed Forces, as a reaction to Juba not recognizing Misseriya to be
eligible for voting, have invaded the area and displaced approximately one hundred thousand permanent
Ngok Dinka residents in an attempt to affect the results of a possible referendum. The invasion was
retaliated by the South Sudanese Armed Forces immediately. Following the clashes in the Abyei Area,
governments in Khartoum and Juba have signed a temporary peace agreement on 20 June 2011 which
asked for the establishment of a temporary joint administration for Abyei until the political faith of the
region was determined.
According to the agreement, armed forces of both Sudan and South Sudan were required to
withdraw their forces from the area and UNISFA was to be in charge of the security. Approximately 5
years after the agreement, the status quo hasn’t been altered in Abyei.
Today, the Abyei Area is still disputed. The joint administration has never been established, and
armed forces of both parties are located just outside of Abyei in case of an attempt to seize the control
from the other party. Thus, Abyei area is divided into two by a border of UN peacekeepers separating the
Misseriya and Ngok Dinka to prevent further clashes between the two, and the southern part of the
divided Abyei is administrated by what is called an Abyei Area Administration.
Another importance of the Abyei area is that the only armed conflict is not between the
governments but also between the Misseriya and Ngok Dinka ethnic groups. Both Sudan and South
Sudan are highly militarized societies as a result of the long lasting civil wars. Due to this fact, armed
conflicts between the tribes as well as the armies are common along the border.
Heglig (Otherwise referred to as Panthou or Hejlij)
Until oil was found in the area, Heglig was not a disputed territory. Yet with this important
discovery in late 1970s, both the Sudanese Government in Khartoum and the Southern Regional (at the
time) Government in Juba claimed the border town. Up until 2009, it was considered to be a part of the
Abyei area, therefore was internationally recognized as a disputed territory. Yet when the boundaries of
Abyei have been redefined by the PCA rulings in 2009, Heglig was determined to be a separate entity
from Abyei area and was recognized as a part of Sudan. Yet even this ruling has failed to prevent further
armed clashes for the ownership of Heglig. The South Sudanese government has been requesting UN to
take a similar approach on Heglig to the Abyei Area as they have still considered the town to be
disputed. Yet UN has declared its stance on the question of Heglig when Ban Ki-Moon, the Secretary
General of UN at the time, has defined South Sudan’s invasion of the Heglig oil field as illegal.
Kafia Kingi Area
Kafia Kingi is an area host to multiple copper mines and other mineral wealth. It is located in the
west of the border between Sudan and South Sudan, and is currently administrated by the South Darfur
state of Sudan. According to the records, the area was administrated by the Bahr-al Ghazal state of
today’s South Sudan until 1960 before it was transferred to Darfur state of today’s Sudan. Today, South
Sudan claims the area as the Comprehensive Peace Agreement bases the demarcation of the borders
according to 1956 borders when the area was under the administration of Bahr-al Ghazal state.
Kaka
The town, according to the 1956 borders, was administrated by the Upper Nile state of today’s
South Sudan, yet during the Anglo-Egyptian rule, the town’s port was allowed to be administrated by the
Southern Kordofan state of today’s Sudan. So, as a result, both states are claiming the territory.
Jau, Jodha, Megenis Mountains
Jau, Jodha and Megenis Mountains are other territories, which are classified as disputed
between Sudan and South Sudan.
Major Countries and Organizations Involved
SPLA (Sudan People’s Liberation Army) / SPLM (Sudan People’s Liberation Movement)
As mentioned earlier in the document, SPLA is an army, which originated from guerrilla rebels
of South Sudan during the Second Sudanese Civil War, and became the main organization that
conducted the civil war for South Sudan. In 2005, SPLA was the representative of the South Sudanese
people in the Comprehensive Peace Agreement negotiations. Today, SPLA is the official army of the
independent state of South Sudan.
SPLM is the political wing of SPLA, and it is the leading political party in Republic of South
Sudan by 93% of the votes according to the last election results of South Sudan.
Janjaweed
The Janjaweed, by the basic definition, are the “Arab tribal militia”. The Sudanese government,
although repetitively denied by the president, is known to have aided and supported the militia since 2003.
Thus, the Sudanese Government has been using Janjaweed for supressing the Darfur rebellion and in
border clashes with the SPLA over the disputed territories. Janjaweed is an example of armed involvement
of non-State actors to the issue at hand.
Ethiopia
As it can be inferred from the name of the peace agreement that ended the First Sudanese Civil
War, Ethiopia has been the mediator of the conflict between Sudan and South Sudan. Later on, Ethiopia
also has sent soldiers to support the UNISFA in order to prevent the tensions in the Abyei area turning
into a major scale war between the two countries.
United States of America
United States of America has been a direct supporter of the independence of South Sudan.
After years of diplomatic support, the USA has played a huge role in the signing of the Comprehensive
Peace Agreement. Thus, USA is still supporting South Sudan in economic and militaristic terms. An
estimated total of 618.75 million US Dollars of aid has been donated to the government of South Sudan
since 2013 (usaid.gov).
Additionally, the United States has taken several actions against Sudan during the civil wars of
independence. The missile attack on a pharmaceutical plant that was suspected of bearing chemical
weapons in 1988 is an example of the actions.
Israel
Like the USA, Israel has also been supporting the independence of South Sudan for a long
time. Thus, alongside economic aid, it is believed that Israel had been providing South Sudan, SPLA
precisely, with ammunition during the Second Sudanese Civil War. A part of this support towards South
Sudan is a result of the rivalry between Sudan and Israel as the President of Sudan Omar al-Bashir
continually labels Israel as Sudan’s enemy.
People’s Republic of China
People’s Republic of China has been a dedicated supporter of the government of Sudan since
the times of civil wars. Alongside financial and political support, China has equipped the Sudanese Army
with technologically advanced ammunition in exchange for the oil trade with the country.
Timeline of Events
Date
Description of event
1889
Establishment of the Anglo-Egyptian Condominium
January 1st, 1956
End of the British/Egyptian rule as Sudan gained its independence
1963
The disorganized armed guerrillas fighting for the independence of South are
united under the name of Anyanya by General Joseph Lagu
1969
Jaafar Numeiri introduces the policy of autonomy as a solution to the turmoil in
the country
1972
The signing of the Addis Ababa peace agreement, which grants partial
autonomy to South Sudan
1978
Oil is discovered in the Unity state of South Sudan
September 1983
President Numeiri announces the legislation for the implementation of the sharia
law in the whole of Sudan in disregard of the Addis Ababa agreement
John Garang forms the Sudan People’s Liberation Movement as a result of the
1983
actions taken by President Numeiri. This incident marks the end of the ten year
long peace and the beginning of the Second Sudanese Civil War
January 2005
Signing of the Comprehensive Peace Agreement (CPA) marks the end of the
Second Sudanese Civil War and promises referendums in South Sudan and
Abyei Area in six years time
September 2005
A power sharing government, named as the national unity government, is
formed in Khartoum. John Garang, the South Sudanese war hero, is appointed
as the Vice President of the government
March 2008
Arab Militia and SPLA clash in the disputed territory of Abyei Area
July 2009
Both governments announce that they accept the ruling of PCA which redefines
the Abyei area excluding the Heglig oil field
January 2011
The referendum for independence of South Sudan takes place. With an
overwhelming majority, South Sudan votes for full independence
May 2011
Government of Sudan occupies the Abyei area
June 2011
Both governments sign an accord to demilitarize the Abyei area. UN
Peacekeeping forces are deployed to establish peace and security in the region
July 9th, 2011
South Sudan officially becomes an independent state
February 2012
Sudan and South Sudan sign a non-aggression pact in order to further advance
in resolving the disputes. Yet Sudan shuts down the pipelines as a result of a
dispute over the transportation fees, which causes the South Sudanese to suffer
economically
September 2012
Sudan and South Sudan agree on a set of trade, oil and security deals. The oil
exportation resumes and both parties withdraw troops from the Abyei Area. Yet
the negotiations on the border disputes remains unsolved
Relevant UN Treaties and Events

Machakos Protocol, 20 July 2002
http://peacemaker.un.org/sudan-machakos-protocol2002

Comprehensive Peace Agreement, 9 January 2005
http://unmis.unmissions.org/Portals/UNMIS/Documents/General/cpa-en.pdf

The Abyei Protocol, 24 February 2009
https://unmis.unmissions.org/Portals/UNMIS/Fact%20Sheets/FS-abyeiprotocol.pdf

Renovation of the mandate of the UN Interim Security Force for Abyei, 12 May 2016
(S/RES/2287)
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3CF6E4FF96FF9%7D/s_res_2287.pdf

Withdrawal of Armed Personnel from Contested Area, 15 May 2016 (S/RES/2251)
https://www.un.org/en/peacekeeping/documents/unisfares2251.pdf
Previous Attempts to solve the Issue
Since the signing of the Comprehensive Peace Agreement, many attempts have been made to
resolve the issue of the disputed territories along the border. The initial resolution for the Abyei area was
to hold a referendum to determine the faith of the region. Although the referendum was scheduled to
take place the same day with the South Sudanese Independence Referendum, it didn’t occur as the two
parties couldn’t agree upon the conditions of eligibility for voting in the referendum.
On the issue of Heglig, the government of Sudan appealed to the Permanent Court of Arbitration
of The Hague (PCA) in 2009 in order to determine if Heglig oil field was included in the Abyei area. Even
when the rulings excluded the city from the area, the armed conflict was not eradicated. Instead, the
South has launched an attack on Heglig in an attempt to regain it, which initiated a small-scale war
between the two parties.
When analysed, both of these examples show the global community that the issue of the
disputed territories cannot be solved by simply handing over a territory to one of the parties. Since both
Sudan’s and South Sudan‘s peace depend on the other’s as neighbouring states, the solution must
preserves the interests of both of the countries.
Possible Solutions
The issue of the disputed territories between Sudan and South Sudan is not only a political one.
The resolutions to be submitted on this issue should include clauses that deal with the humanitarian and
the disarmament aspects of the situation as much as the political ones. Below, some of the possible
solutions are outlined.
Both Sudan and South Sudan are practically in war for almost fifty years. Over the course of
these long-lasting years of war and conflict, an estimated 2.3 million people have been displaced and 6.9
million people are left in need of humanitarian help (unhcr.org). With the presence of UNISFA,
humanitarian aid can be transported to the Abyei Area yet it is not enough. A complete renovation of
cities is necessary to re-establish the humanitarian living conditions of the border cities. Hence, the
psychological wellbeing of both children and adults, who have been in direct contact with armed conflict,
should be re-established.
An important reason why the peace talks have been adjourned many times is due to the
presence of armed non-state actors along the disputed border cities. For a truly peaceful solution to the
issue, the disarmament of these unofficial armed groups such as Janjaweed should be taken into
consideration. Additionally, definitive international actions supported by UN should be taken against
states that support these armed terrorist organizations in any way.
Although Abyei Area is demilitarized and is under the supervision of the UN Peacekeeping forces,
this is not the case for all of the disputed territories along the border. Therefore the creation of
demilitarized zones and deployment of UN Peacekeepers can be considered, as in the example of
Abyei. Yet please bear in mind that this may never be a definite solution to the issue of the disputed
territories but may only serve as a tool to prevent further casualties until a fine solution is implemented.
In the light of the previous attempts to solve the issue, it can be understood that unless a mutually
agreed upon economic solution to the issue is put under execution; the peace will not be attained in the
region. Therefore, delegates should try to come up with resolutions that will economically and politically
satisfy both parties of the solution. This solution can be achieved by the establishment of joint
administrations in the disputed territories, which will resume the extraction and exportation of oil, and by
bringing regulation to the high transportation fees charged by the government of Sudan. Yet once again,
the specifics of these joint administrations should be outlined in detail to prevent further conflicts.
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Forum:
General Assembly 2nd committee
Issue:
Culture as a tool to achieve Sustainable Development
Student Officer:
Tan Akpek
Position:
Chair
Introduction
Culture is an often overlooked yet significant tool into bringing a dependant and economically
unstable country, to a stable state of sustainability. Mostly in the tourism sector with additional categories
of operation, culture serves to benefit both visitors for a country and its locals. Culture has been one of
the, if not, the primary characteristic to determine the fate of revenues made by tourism in the respected
nation. Such foreign income, can be the most crucial component to build a self-sufficient country. The
generated revenue, brought by the varied channels of culture and its attractions, can be capital for
educational, provisional, environmental, social or medical infrastructure which all, very directly render a
country sustainable. An alternate benefit to enhancing cultural management is its social aspects that
which embed understanding, equality, and appreciation for diversity into social norms as people of a
country are more commonly exposed to cultural expression, positive marketing and experience the
prosperous difference culture provides when such values are embodied. Such positive feedbacks in
individual cases or communal history and collective information will prove to bring these social benefits
very permanently as they are passed on by cultural heritage, once acquired.
Most developing countries do not have the means to initiate economic growth by other means
such as banking, real-estate or manufactured goods trade. Culture being a non-monetary asset, can be
converted into currency by various methods, without the usual highly costs of investment. This is
particularly why the usage of a Country’s culture holds such an important role when uplifting a
developing country to a sustainable state, breaking the vicious cycle of poverty without capital by
generating capital to be wisely spent without or with minimal market entrance costs.
Definition of Key Terms
Sustainability
The ability to continue or be continued for a long time, the independent maintenance of an entity without
external requirements. In context, a nation’s ability to exist independently and supply its own resources,
without damaging its environment.
GDP (gross domestic product)
The total value of all the goods and services produced by a country in one year.
Capital
A large amount of money that is invested or is used to start a business, the initial financial momentum by
which a system of material or non-material profit initiates. The price for the initial investment of any kind
of program or business to enable its regular systematic profit, or non-material yield.
Community Capital
The natural, human, social, and built capital from which a community receives benefits and on which the
community relies for continued existence.
Equity
Shares in a company which do not pay a fixed amount of interest.
Source Reduction
Activities designed to reduce the volume, mass, or toxicity of products throughout the life cycle. It
includes the design and manufacture, use, and disposal of products with minimum toxic content,
minimum volume of material, and/or a longer useful life.
Ethical Consumerism
The practice of purchasing products and services produced in a way that minimises social and/or
environmental damage.
Kyoto Protocol
An international agreement linked to the United Nations Framework Convention on Climate Change,
which commits its Parties by setting internationally binding emission reduction targets.
Incentive
Something that encourages you to do something.
Multi-Culturalism
The practice of giving importance to all cultures in a society. An example might be political
representation grant to persons of all backgrounds in a state.
Background Information
Capital Allocation
The statistics, indicators and data from the last decade examining the cultural sector as well as voluntary
surveys, have shown the significance of culture and its capability of being a driver for development in a
community-wide social, economy and ecology- friendly fashion. Most particular advantages being the
cultural sector’s contribution to the economy and poverty mollification. Cultural heritage, cultural and
creative industries, sustainable cultural tourism, and cultural infrastructure can help generate revenue,
necessarily in developing countries
seeing their commonly characteristic and
potent cultural heritage and hefty labor
force. Cultural and creative industries
represent one of the most rapidly
expanding sectors in the global economy
with a growth rate of 17.6 % in the Middle
East, 13.9 % in Africa, 11.9 % in South
America, 9.7 % in Asia, 6.9 % in
Oceania, and 4.3 % in North and Central
America. Bolstering such a sector
requires minimal monetary investment
with low entry barriers and have a significantly mending on vulnerable populations in these regions. In
Ecuador, recent studies show that the formal and private cultural activities contributed 4.76% to the 2010
GDP and in the same year, 2.64% of the total employed population worked in cultural occupations.
Almost 60% of the latter were women. Furthermore, the tourism sector has become one of the world’s
fastest growing economic sectors. Gross worldwide tourism receipts grew at an average rate of 7 % from
1998 to 2008, with 12 % for the Least Developed Countries for the same period.5 Cultural tourism - that
relies on tangible and intangible cultural assets - accounts for 40 % of world tourism revenues.
Economic and Financial Aspects
The financial and moral support in culture has demonstrated crucial reprimands and pump vigor
into the economies of such cities. Many nations and cities utilize cultural heritage to induce urban
development, attract tourists which then later provide capital for the tourism sector and also investors
among these tourists. Countries in development are forming vibrant cultural interest points and
attractions and also request aid in maintaining such additional channels of income. Development via
culture also serves its host in a variety of non-financial assets such as greater social inclusiveness and
rootedness, resilience, innovation, creativity and entrepreneurship for individuals and communities, and
the use of local resources, skills, and knowledge. The support in these culturally engaging and
interconnecting initiatives also invigorates social bonds among sub-communities in terms of respect
hospitality and tolerance, which are essential values for multicultural nations.
Ecological Aspects
This sustainable pursuit also influences lifestyles, individual mentalities, consumption patterns
and steadfast ecological preservation incentives. Local and indigenous knowledge systems and
environmental management practices provide valuable insight and tools for tackling ecological
challenges, preventing biodiversity loss, reducing land degradation, and mitigating the effects of climate
change. A community-centered mentality regarding development, is viewed to be the most promising,
regarding the achievement of accountable, efficient, and sustainable outcomes.
Social Aspects
Acknowledging and propagating the understanding of multiculturalism and respect for diversity in
any social, religious, cultural, racial, or ideological differences associates to taking a human-rights
centered approach. Thus, such actions can prevent confrontations and conflicts of the groups mentioned
again and can insight intercultural interaction meanwhile protecting the rights of marginalized groups:
between and within nations. The formation of such grounds of common understanding facilitates
sustainable development, as the failure of well-intentioned development programs, and gaps in
achieving the MDGs, revealed inadequacy of universal policies and approaches to development
regardless of cultural context.
Execution
To guide the progress of the utilization of culture to supplement sustainable development,
accurate parameters, indicators and measurements should be set as standards to monitor the progress.
This also helps the intervention of third party organizations as they may not always be familiar with the
paradigm of the country, economic, political, or cultural-wise. Such a sub-objective can be achieved by
simply investigating culture, a mostly intangible concept and asset, and drawing analytical and physical
conclusions out by asking science-lead questions. The enumeration of current obstacles to cultural
marketing, the revenue of previous years, increases and decreases with their numbers connected to
certain events and dates can be such watch-points to formulate and effective and concise culturally
compelling and economically beneficial new tourism sector structure.
Major Countries and Organizations Involved
UNESCO (United Nations Educational Scientific and Cultural Organisation)
UNESCO is the primary organisation that provides intelligence for its relevant issues. In the
matters dealt by the UN, UNESCO determines the subjects and main areas of concerns, ultimately
forming the agenda for the UN in its associated principles.
Department of Economic and Social Affairs (DESA)
An intergovernmental organisation that works to help developing countries meet their economic,
social, and environmental goals. The significance of DESA to the case would be it’s interdisciplinary area
of operation from social affairs - which in the stable form contributes to prosperity, to economics of the
area, enforcing sustainability.
United Nations Development Programme (UNDP)
Is an intergovernmental organisation that provides expert advice training and support to
developing countries to achieve prosperity. Seeing the fact that non-sustainable nations, with the
exception of a countable group, are also target aid locations of the UNDP.
International Atomic Energy Agency (IAEA)
An intergovernmental organisation that seeks to promote the peaceful use of nuclear energy. If
the countries enlisted to the IAEA or the UN violate the conditions of peaceful nuclear energy use they
are condemned by the IAEA and sometimes sanctioned or intervened by the Security Council. The IAEA
is the main determining factor on the UN giving consent to countries for the utilization of nuclear power.
International Monetary Fund (IMF)
Loans offered by the IMF are more compact with conditions and are not concerned with
development as The World Bank. The IMF mainly serves to stabilize exchange rates. The IMF mainly
differs from the World bank in a way that the IMF provides a convenient trade and exchange financial
infrastructure to the globe which the World Bank as a main purpose, does not.
World Bank
The World Bank has been the main intergovernmental funding by lending channel to provide
capital for developing countries. Often working with civil, intergovernmental, or nongovernmental
organisations. The World Bank would be more aligned with development projects of the UN.
Sweden
With approximately %93.5 sustainability, Sweden sets itself as a role model for sustainable
development
China
Is an important reference as the most polluted country on Earth. China as a member state of the
UN and a permanent five member, has a unique point of view as a state compromising its environment
for economical benefits. Environmental policies are slowly being implemented in China.
Brazil
Currently, the area with the most accelerated ecological destruction with 600,000 square
kilometres of deforestation since 1970.
Timeline of Events
Date
Description of event
Intergovernmental Conference for Rational Use and Conservation of the
September 4th, 1968
Biosphere (UNESCO) is held; early discussions occur on the concept of
ecologically sustainable development
National Environmental Policy Act is passed in the United States, making it
January 1st , 1970
one of the first countries to establish a national legislative framework to protect
the environment. The law sets the basis for environmental impact assessment
in the world.
March 28th, 1979
April 26th, 1986
August 26th, 1987
Three Mile Island Nuclear accident occurs, being the first example of
undermining the importance of nuclear energy and its contamination risks
Chernobyl Disaster generates a massive toxic explosion.
Montreal Protocol on Substances that Deplete the Ozone Layer is
adopted
Launching year of the Dow Jones Sustainability Indices (DJSI) the tool
1999
provides guidance to investors looking for profitable companies that follow
sustainable development principles.
UN Millennium Development Goals The largest-ever gathering of world
2000-2015
leaders agrees to a set of time-bound and measurable goals for combating
poverty, hunger, disease, illiteracy, environmental degradation and
discrimination against women, to be achieved by 2015.
The Kyoto Protocol enters into force, legally binding developed country
February 18th, 2005
parties to goals for greenhouse gas emission reductions, and establishing the
Clean Development Mechanism for developing countries. Emissions
reductions obligations expire at the end of 2012.
BP Deepwater Horizon Oil Spill occurs, being considered as the single
April 20th, 2010
largest marine accidental oil spill in the petroleum industry, Dispersing 1.84
US gallons of oil into the Mexican Gulf.
June 22nd,2012
Rio+20 Most recent major international conference on sustainable
development
Relevant UN Treaties and Events
●
●
●
●
United Nations Conference on Sustainable Development, Rio+20, 20 June 2012
Kyoto Protocol, 11 December 1997
Gender, Equality, Development and Peace for the 21st century, 9 June 2000 (A/RES/S-23/2)
The Monetary Consensus, 18 March 2002
●
Johannesburg Declaration, 4 September 2002
●
Johannesburg Plan of Implementation, 4 September 2002
●
Declaration of the United Nations Conference on the Human Environment, 16 June 1972
●
Third International Conference on Small Island Developing States (SIDS Conference), 1
September 2014
●
Modalities for the United Nations Conference to Support the Implementation of Sustainable
Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for
sustainable development, 9 September 2016 (A/RES/70/303)
●
Establishment of the Commission on Sustainable Development, 12 February 1993
(E/RES/1993/207)
Previous Attempts to solve the Issue
All MDGs concerning the utilization of culture for sustainable development are precedents of the
attempts of resolving the issue. However, as previously suggested, the MDGs lacked the implications of
universal policies of development and failed to provide a lateral agenda regardless of cultural context.
The main problem with ensuring a sustainable environment and system for everyone at a given time to
enjoy is the compensation, as expectable.
Sustainable development, by nature, demands fundamental changes in how a country is
organised and governed. Some nations can bare ecological damage in exchange for currency, for
example China, Pakistan or India; Others cannot fund a sustainable or even non-sustainable, but fully
functioning society to begin with. Due to the requirement of basic understandings such as the
preservation of environment, multi-culturalism, Support for human rights, and the necessary capital being
allocated to maintain these values, not all countries are able or choose to render sustainability. Those
countries who do, cannot be expected to entirely fund the formation of a sustainability in those who do
not and a consensus cannot be achieved regarding whether or not, and if so, how much of this will be
non-accountable for debt repayment.
Possible Solutions
●
The capitalization of the cultural sector’s contribution to development by all terms and sustainability,
thus, poverty reduction. Culture already being regarded as a cornerstone for the resolution, undoubtedly
should be capitalised and developed upon. Seeing the magnitude of the role of culture in developing
nations strive for sustainability, culture, of any kind (history, music, architecture, cuisine, politics, etc.)
should be rendered more compelling, expansive and vibrant. In addition to a reputable image
development for the specific culture, the culture at hand should be exposed to the relevant potential
streams or masses of income with the acquisition of sponsors, the professional usage of social
communication and commercial advertising mediums.
●
The inurement of the cultural assets which induce cultural development to remain intact and
undamaged as they are often fragile and constitute a unique and non-renewable capital. Giving out a
bold notice that to the case specifically, if poverty and instability is to be overcome through the utilization
of culture as an economic or social profit medium, culture is an asset. Interpreting the goal of
sustainability as the desired yield, the collaboration of all forces for this cause and economical
compensations as capital, culture would be an asset that ensures the success of the desired outcome.
Consequently, contaminating culture or destroying culture by whole would generate proportional risk for
the future sustainability of the state.
●
Bolstering entrepreneurship by supporting creative cultural tourism and addressing local
businesses meanwhile creating decent employment. Perhaps being economically the most tackling
strategy, unfortunately also being the most dependent upon surrounding factors. Such an essential
objective has enormous utility however entrepreneurship develops with quality education, creativity, with
prosperity and social stability and so on. To expand, and often the case, being a child of a family that
faces financial and even provisional scarcity, being creative is not an option compared to working in a
minimum wage job to live by. It must be bared that as well this approach, all approaches on the issue
are synergistic: meaning the success in resolving a certain yet often irrelevant seeming field of the
conflict, often tilts the odds in favor for the success of other sub-objectives.
●
Underscoring the importance of aboriginal and traditional knowledge to better preserve the
environment meanwhile seeking synergies with distinct traditional indulgences and advanced
technology. Outer forces such as the UN dealing with such domain issues and particularities, is bound to
be very dutiful in studying the area of operations cultural and social dynamics, to keep itself from
harming without intent. The very most adequate way for this intelligence to develop within the third party
assistance entities, such as the UN, is through the inclusion of locals during the solution and resolving
process. Engaging such people is the key objective to gain insight about their values and sovereign and
indefeasible self-preservation.
●
Promoting friendly intercultural dialogue to enforce social cohesion thereby, rendering the place of
action conducive for sustainable development. [1] Through the cohesiveness of a nation’s society is what
the strength of its labor force, its social stability, and judicial quality is determined by. By enforcing such
social cohesiveness, without promoting assimilation, a country’s cultural aspect is also enriched. This, as
stated, also contributes to tourism and economy.
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2016.http://www.iisd.org/pdf/2012/sd_timeline_2012.pdf
http://www.iisd.org/pdf/2012/sd_timeline_2012.pdf
Forum:
2nd committee of the General Assembly
Issue:
Towards comprehensive cooperation among all modes of transport to promote
sustainable multimodal transit corridors
Student Officer:
Leonard Brenk
Position:
Deputy Chair
Introduction
Everything develops and changes in some way. World´s growing population is facing growing
challenges, even though the technical developments offer new possibilities. Transportation of people and
goods play an important role in future developments, however the means of transportation for people’s
life has been regarded too little seeing what importance and impact they have and could have.
Our population is constantly increasing, and thereby the people’s wealth does too. Nowadays the
transport of goods and individuals grows respectively and causes the already existing, negative impacts
such as traffic congestions, especially in urban areas and high air pollution in our world. It will
continuously harm our environment accelerated by our various, often non-efficient and polluting ways of
transporting goods and people.
To protect our environment, a lot more efficient and environmentally friendly systems of modes of
transportation have to be developed and implemented in the right way. Specifically, the private
transportation by combustion driven vehicles has to be reduced, and the organization of transporting
goods or people has to become a lot more efficient by a better coordination in total. In fact, there are
already some attempts to work towards those solutions. Various improvements have already been
implemented such as the support for electro mobility or the further expansion of public transportation
network, to reduce the worldwide emissions, destroying our atmosphere. Also concepts like “bus- onlylanes”, “vehicle free cities” or “high occupied car”- lanes, which punish those who use their private
automobile and motivate people to use more environmentally friendly and efficient modes of transport
have been implemented so far. Nevertheless, most of the efforts address single aspects and could
unfortunately not improve the situation substantially. The goal that has to be achieved and worked
towards to is the development of more efficient, more sustainable and especially more combined
concepts such as multimodal traffic concepts (MMT). Those MMT’s concepts show the promising
opportunities and are worth working on.
Definition of Key Terms
Multimodal Transport (MMT)
Multimodal Transport describes the usage of different means of transport from one point to the
other. MMT tries to combine different ways of transportation in a more efficient way, thereby
avoiding unnecessary transportation between hubs of various modes of transportation. The point
where all means of transport meet is called Multimodal Transport Centre. This is where the
conventional life of citizens can be improved and simplified a lot, by having all necessary modes
of transport at one point. With the appropriate management of all means of transportation,
nobody has to suffer from waiting times or missing a form of transport because of the distances
between them. To reach that target, tremendous coordination work has to be done, upfront
during the planning process as well as during operating such systems by various organizations
and private, institutional and public investors.
Car- sharing
Car- sharing offers people to rent a car for a certain amount of time. The more car- sharing there
is, the more independent the citizens get concerning parking lots, fuel charging, car insurance,
etc. They can often use them with only a single pay process through their credit card. They can
leave at some point and arrive at another and simply drop the car there.
Carpooling
Carpooling means that people share a car instead of driving separately and thereby preventing
causing new emissions. When people drive, they either arrive at their wanted destination alone or
with a few other individuals in the car. The only difference between those two ways of driving is
causing new emissions or not. Transporting more people on the same ride is way more
environmentally friendly and efficient than driving alone. In order to promote Carpooling, users
get preferences concerning the traffic. Highly Occupied cars, for example, can drive in prioritized
lanes, which avoid traffic jams and let them arrive earlier than others. Thereby more people get
motivated and resist from driving alone.
Bicycle- sharing
Bicycle- sharing allows people to rent bikes for a short period of time for short distances. The bike
can be returned at any bicycle- sharing point in the region which makes it even more convenient
to use since you can go with solo rides to overcome short distances and do not have to bring it
back. Special bike lines can incentivize it. Thereby people get motivated to overcome short
distances by bikes rather than by cars. Furthermore, it allows people to easily combine various
traffic modes, as you can e.g. start with a rental bike to the metro share point, followed by a bus
and return home via cab and no need to worry about the bike.
Electric Vehicle
An Electric Vehicle is a vehicle that is powered by electrically driven motors. They are more
efficient and environmentally friendly but since the price disparities are still very high the
electrically driven motors are not as successful as planned. Cars cause a lot of emissions, and
the way of driving the engine has to be redeveloped in order to achieve another step into a
sustainable future regarding our environment. On the one hand, electric vehicles do not destroy
the environment with emissions by using them. On the contrary, it has to be questioned where
the electricity comes from. If those sources are not green energy sources, it does not help
fighting against emissions and global warming. Alternatively, in the future probably most of the
heavy battery packs can be replaced by a hydrogen engine, delivering the electrical energy
emission free - except pure water.
High- Occupancy Toll (HOT) lane or prioritized lane
Like mentioned above, this is a traffic lane, which is blocked for all vehicles that are not loaded
with for example more than 3 people. This is a way trying to avoid individual driving and promote
carpooling.
Bus Rapid Transit (BRT)
Bus Rapid Transit means to allow busses using a separate line, by passing congestions,
especially in the rush hour. With such different lines only for buses public local transport is
promoted since users do not have to wait in a traffic jam and arrive at their wanted destination on
time. Also, people would maybe than prefer taking the bus instead of the car for overcoming a
short distance, which would also refer to the car- sharing, car- pooling section since they would
probably most likely use their car and not a car- sharing a vehicle and thereby driving alone. As
this is what is tried to prevent, bus rapid transit would be an effective way to motivate people to
go by local transport more often.
Heavy Rail (HR)
The Heavy Rail refers to the traditional railway, which is transporting goods and people
throughout a long distance. Compared to the Light Rail Transit, which is only for short distances.
Commuter Rail (CR)
This means lighter trains for short distances, however connecting neighbour cities with each
other, especially for commuters, which live far away from their working place and have to be
there every day on time.
Light Rail Transit (LRT)
The Light Rail Transit refers to the typical metro train-type vehicle, sometimes up-, sometimes
below the ground operating. Mostly transporting people, but can also carry goods.
Background Information
Environment
The primary impact transportation has on the environment are emission caused mainly by cars.
Vehicles poison the air due to combustion engines. Like mentioned in the Key Terms Electro mobility
possibly can but does not have to poison the air, since a lot of the energy is sill generated by
conventional power plants. With green- energy sources it could help to decrease the impact
transportation has on the environment. Local, public transit systems are a lot more efficient and
environmentally friendly because they carry many people at the same time. And even more than that is
the bicycle usage instead of combustion driven vehicles. It is important to promote those kinds of
sustainable transport the right way.
Financial aspects
Of course, high costs will appear when planning a new transportation system. Since the existing
transport infrastructure grew throughout the history in most cities and countries, different institutions like
the country, the state, the commune, the companies, the investors, etc. handle the transport systems
differently in each country. Therefore, it is often extremely expensive and requires massive, protracted
approval procedures to change a single transportation network. The costs depend on the mode of
transportation that is planned to implement or reconstruct. Building a new bridge is less expensive than
building a new airport or Subway tunnel. Trains, for example, need railroads compared to buses, which
need roads. Every mode of transportation has certain requirements in order to work efficiently. The major
problem which often appears in countries with not optimized infrastructure is that governments can not
pay public transit systems adequately since they are not able to fulfil the needs such transport system
changes require because of other problems governments have to deal with like for example debts. But
since there are funds, like for example the Federal Transit Administration (FTA), which focuses on
infrastructures and transit systems, the infrastructure projects can be funded partly.
Space and efficiency
Pollution worldwide, growing population and the related traffic congestions in major cities require
reconsidering our transportation behaviours, especially the individual ones. Urban areas have to
motivate people to avoid single car use, which requires significantly more space - offered by the public
institutions as road, parking space etc. - than public transportation. Research reports show clearly, that
the space requirement of a single car use - occupied by one person only to go from one point to another
- is tremendously more space and cost consuming than any other means of transportation.
Consequently, in future modern transportation has to increase the number of people per vehicle going
into the same direction, driven by a pollution free drive, combined with a highly flexible system of a
different type of transportation, depending on speed, space and cost requirements.
Data
To restructure the various transportation systems in general it is a very complex problem,
involving the different owners of transport systems and requiring a lot of data and its proper analysis.
When working on a new transport network, you need for example data regarding demographics. Thereby
the system should be adjusted to the main population group in a particular area. If only younger people
life in the “affected” area it should rather be invested in more public transportation than in taxes. If there
are mostly elder people, it should be invested in transportation systems such as cabs or trains. Also,
social impacts of the community resulted in the traffic changes should be taken into consideration. A new
highway for example located directly next to a residential area would meet huge protests. Two other
aspects are the land use plans and existing regulations. Nature on which the new corridor is scheduled
can probably not be used or maybe is for example nature reserve. Additional to that environmental rules
and laws are important. The economy shows to be relevant as well. Therefore, it has to be taken into
account whether or not the economic development is high and how changes to the transport system
could influence it.
Since cars need the most space of all modes of transportation statistics about a number of cars,
people, and their behaviour would also be necessary. But cars cannot drive forever, so parking lots are
needed as well. Therefore, analysis about space requirement for parking ground, the number of chargers
for electric vehicles and bikes should also be considered. As it has already been implemented in some
kind of container systems, they have all the same size and are standardized. Those standardized carrier
units should also be focused on since they are easy to transport with different modes of transportation.
Last but not least the prices of for example fuel and other necessary requirements for using an individual
vehicle is important. Consequently, the development of those costs should be looked at.
Major Countries and Organizations Involved
If the different transport systems shall be adjusted and coordinated appropriately, different parties
have to find a universal solution they all agree on. This solution is related to economic concepts,
approval procedures, possible influences on the environment, etc. A new transport system could for
example harm habitats of animals or influence existing or developing economies.
World, United Nations
Since the multimodal transit corridors are significant issues, the United Nations already work in
close collaboration with particular organizations regarding this topic in order to find the best solution
possible. Therefor Ban Ki Moon has implemented the High- advisory group of sustainable transport. Also
the first ever global sustainable transport conference took place on 26th of November 2016 in
Turkmenistan. Preferably global transportation systems will be coordinated and optimized; therefore, all
countries should be involved in this worldwide coordination challenge, e.g. based on the UN platform.
People, represented by Stakeholders or surveys
Since the population has to use the planned transport systems, they should have the power to
influence them. But as it is impossible to ask every person individually, stakeholders are representing the
interest of the population. Those stakeholders work together with governments, states, and
organizations. However, it seems important to precisely understand people’s needs, depending on their
age, job, hobbies, financial power etc. Just by rules or laws people cannot be convinced to use the most
efficient, environmentally friendly way of transportation. The system of the future should find smart ways
to motivate and convince people to use the transportation system in the best way possible. The
organizers should respect people’s requirements as "customers wish".
Governments (Country, State, City)
The government is responsible for the spatial planning and is consequently to contribute to the
planning of transport system concepts. Since there are many factors influencing the changing process it
is often very hard for a government to find a solution that stakeholders, organisations and private
investors can agree on.
Private or institutional investors
Private entrepreneurs can buy parts of a transport corridor to request toll from every vehicle
entering it. This encourages them to keep their part as clean and equipped as possible. But in such
cases, the state and government would lose power over that part which would make it even harder to
find solutions regarding the issue.
Companies, being part of the transportation chain
Since those companies have to provide the single modes of transportation they automatically
want to be included in the decision-making process. Such companies would for example be: The railway
company, Metro company, Bike Rental company, Care sharing company, etc.
Companies, being user of the transportation chain
As well as those providing the modes of transportation those using them have to be invited to
take part in these changes. More or less each and every company shipping goods, either as required
good or as produced item is such company. In order to achieve the best economic corporation, all
problems and changes have to be adjusted appropriately regarding these parties.
Multimodal Transit Operator (MTO)
The Multimodal Transit Operator describes the one who organizes the journey of goods or people
and is in charge of the whole trip. This can be very effective since there is only one contact organization
or companies can talk to. Otherwise, there would always be one per modal transport of the chain which
would make it really uncoordinated and confusing.
High- level advisory group of sustainable transport
This organization has been implemented by the Secretary-General of the United Nations Ban KiMoon in order to evaluate individual systems and give recommendations on a global, national and local
level.
Countries/institutions, who already started relevant optimization programs:
Federal Transit Administration (FTA)
The Federal Transit Administration is one example for institutions that fund multimodal transport
projects. It is working within the United States Department of Transportation. This particular
organization focuses especially on buses, subways, light rail, commuter rail, trolleys, and ferries.
It spends money on the sustainable developing systems and other institutions or organizations,
which help to achieve the best solution according to this topic.
Timeline of Events
Date
Description of event
The first ever-global sustainable transport conference in Turkmenistan. This
th
November 26 , 2016
event is crucial not only for future transportation planning but also to achieve the
Sustainable Development Goals. All different parties, like mentioned above, will
participate and discuss the further transport corporation and management.
The second global High- level Conference on Road Safety in Brasilia. Its
November 18th, 2015
purpose was to review progress in implementing the Global Plan for the Decade
of Action for Road Safety 2011- 2020.
The Launch of the Global Partnership for Sustainable Transport, which has been
September 26th, 2015
developed by the International Road Transport Union and the United Nations
Global Compact. It pursues a business- and industry- led, action- oriented, multistakeholder initiative involving all modes of transport.
The second international Forum “Multimodal 2016: Bridge between Europe and
May 13th, 2016
Asia”, in Istanbul, offers the participating parties to discuss the key issues, brought
by economic and political reality concerning this issue.
Relevant UN Treaties and Events
 The Role of Transit Transport Corridors in ensuring international cooperation, stability and
sustainable development, 3 September 2014 (A/RES/69/213)
 United Nations Convention in International Multimodal Transport of Goods, 24 May 1980
(TD/MT/CONF/17)
 Towards comprehensive cooperation among all modes of transport to promote sustainable
multimodal transit corridors, 10 December 2015 (A/C.2/70/L.10/Rev.1)
Previous Attempts to solve the Issue
There have been a lot of attempts taken in order to solve the issue. They, however, were not
successful and efficient enough.
The private transport has to be and has partly already been motivated with for example replacing
single trips by shared trips towards the same destination, or increasing the usage of local public
transport. Another opportunity is to decrease the usage of vehicles powered by carbon engines, which
harm the environment.
In some cases, organizers of different transportation systems tried to coordinate their systems in
a better way, in order to avoid unnecessary and unattractive waiting times and transfer traffic. Examples
of implementing that would be a car- free downtown or other zones with very little traffic. Also more and
better-developed cycle paths motivated and encouraged people to go by bike rather that by car. A big
and efficient step will be the expansion of electro mobility, which is gaining more and more
attractiveness. Those driving a vehicle powered by an electric motor get privileges, which those who use
gas- fuelled cars do not get. Those opportunities could include zones, which are just for vehicles
powered by an electric motor, preferred parking lots for electric vehicles or declaring the charging
process for electric cars or bikes as free of charge. There are measures, which have already been taken
into this direction in order to promote the usage of bicycles and a more environmentally friendly and
efficient car usage. Such measures are Car- Sharing (key-terms), Bicycle- sharing (key- terms) and
subsidized local transport, which means that one can under certain requirements use the local public
transportation free of charge. Additional to that a new lane- management for highways has been
planned. Some alternative modal transportation options would get preferences like with a bus- only lane,
a high- occupancy toll (HOT) lane, bus rapid transit (BRT), Heavy Rail (HRT), Commuter Rail (CR) or
light rail transit (LRT).
Possible Solutions
The individual measures will not be able to overcome the global challenges based on the growing
world population and the environmental challenges. Only combined concepts can create substantial
impacts, such as e.g. multimodal transport concepts. These MMT concepts try to optimize the various
transportation systems adjusted to and connected with each other in a way, that goods and people will
reach their destination more efficiently and without harming the world environment. The different modes
have to be adjusted in the right way, which includes communication between them. Therefore, the
transportation systems of the future have to be coordinated and jointly harmonized in between each
other, for each and every project, no matter of a local traffic system within a city, countrywide or
worldwide. Maybe a regular international meeting or a platform could be implemented, or the
communication between the Multimodal Transit Operators could be intensified. The better the
communication works, the better will the whole process.
Bibliography
• "Transit Cooperative Research Program Report 145." Tcrponline.org. Federal Transit Administration,
n.d. Web. 16 Nov. 2016. < http://www.tcrponline.org/PDFDocuments/TCRP_RPT_145.pdf >
• Michaelson, Juliette, Gary Toth, and Renee Espiau. "The Corridor." Ed. Jay Walljasper. Great
Corridors, Great Communities National Academy of Design.6 (1886): 11-14. Pps.org. Project for
Public Spaces, Inc. Web. 16 Nov. 2016.
<www.pps.org/pdf/bookstore/Great_Corridors_Great_Communities.pdf>.
• "Multimodal Corridors." Multimodal Corridors. N.p., n.d. Web. 16 Nov. 2016.
<https://bouldercolorado.gov/transportation/multimodal-corridors>.
• „MULTIMODAL TRANSPORTATION." MULTIMODAL TRANSPORTATION (n.d.): n. pag. Web. 16
Nov. 2016. <https://mobility.tamu.edu/mip/strategies-pdfs/system-modification/technicalsummary/multimodal-transportation-4-pg.pdf>.
• "Journal of Public Transportation." "Pedestrian Safety and Transit Corridors" by Paul Mitchell Hess,
Anne Vernez Moudon Et Al. N.p., n.d. Web. 16 Nov. 2016.
<http://scholarcommons.usf.edu/jpt/vol7/iss2/5/>.
• "MOBILIZING SUSTAINABLE TRANSPORT FOR DEVELOPMENT." (n.d.): n. pag. The United
Nations High- Level Advisory Group on Sustainable Transport. Web. 16 Nov. 2016.
<https://sustainabledevelopment.un.org/content/documents/2375Mobilizing%20Sustainable%20Tr
ansport.pdf>.
Appendix or Appendices
picture 1: This is how a future multimodal transportation center could look like. Different modes of
transport work together effectively and really closely, symbolically as well as physically.
(https://sustainabledevelopment.un.org/content/images/imagemain400_2375.jpg)
picture 2: This picture shows an area with congestion in India. Different modes of transportation are not
coordinated in between and just disturb each other.
(https://static1.squarespace.com/static/52ff9793e4b05db46b63bdfc/t/546c53c6e4b009b64316daaf/1416
385478422/India+Traffic+Jam.jpg)
Forum:
General Assembly 2nd Committee
Issue:
Designing a Universal Code of Ethics for Tourism
Student Officer: Dharkann Sainani
Position:
Deputy Chair
Introduction
As of 2016, the global community and its nations are seeing a period of rapid and widespread
developments, alongside a series of challenges. Many countries see political and social instability with
the continuation of the Arab Spring and the rise of non-state actors. As safety is threatened, long term
consumption and production patterns in the tourism industry and their effects on host communities and
environments are disregarded. A lack of awareness toward sustainable tourism means its activities are
resulting in global warming, a loss of cultural heritage, and child labour.
In 2000, the United Nations established a series of Millennium Development goals, aimed to
unanimously uphold humanity through dignity, equality and equity for a world of more tolerance, respect,
and freedom- both for the environment and its people. However, even as the world develops scientifically
and technologically, many in lower economically developed countries (LEDCs) are still affected by
income disparity, poverty and discrimination.
Over the past few decades, the tourism industry has seen enormous expansion- becoming a global
economic sector for investment and expenditure as a means to promote socio-economic development. It
plays a significant role in building a global community where various cultures and ideologies are shared
and accepted; the impact of this industry expands greatly beyond economic value.
A Global Code of Ethics for tourism will be a platform- an internationally binding framework for the
operation of the tourism industry as both a perpetrator and receptor of these issues. With an estimated
1.6 billion arrivals by 2020, it is critical that we promote these values through a code that will
simultaneously maximize the enjoyment and economic benefits of the host country, while minimizing
negative consequences that may arise. The core of such a code is based on the idea of maintaining
harmony: the concept that tourist activities should respect the laws an culture of a country in sync with
the host community, who should facilitate and protect the human rights of all involved.
Definition of Key Terms
Sustainable Tourism
An industry that promotes tourism activities and local employment, while taking into consideration
the preservation of the cultural heritage, environment and resources of the host country. It ensures
that tourism sees benefits for the local people, tourism companies and tourists themselves.
Stakeholder
A person or group of people with interest in a market, as they are directly or indirectly affected by
its actions.
Accessible Tourism for All
Also termed ‘universal accessibility,’ encompasses the idea that all tourism experiences and
products should be suitable to people of all ages, genders and abilities with no cost-discrimination for
those with specific requirements or disabilities
Principle of Universal Design
The ‘7 principles of universal design’ is a groundwork developed by a group of engineers
and architects led by Ronald L Mace in 1997. The principles aim to guide all designs including those
of products and communications. The 7 principles are; 1) Equitable Use 2) Flexibility in Use 3)
Simple use 4) Perceptible Information 5) Tolerance for error 6) Low physical effort 7) size and space
for approach and use
Child Sex Tourism
Refers to acts carried out by those who utilize their status as tourists and/or the nature of the
tourism industry to sexually exploit children.
Cultural Heritage
Cultural heritage encompasses the traditions, skills, interpretations of life and nature, knowledge,
and objects that a cultural community associates with itself. As something that is passed
form generation to generation, it becomes a major part of continuity in social communities and a
sense of identity to individuals, a legacy of the leaders. A global wealth of varied cultures is a primary
motivator in tourism.
Background information
Article 7 of the UNWTO ethics code for tourism: universal accessibility
Lack of established sector specific duties
Accessible tourism is a human right. Accessible tourism is also a field of interest that will
influence tourism destination competitiveness, whether it is in terms of human rights or a servicedelivery basis. As governments and their respective administrative parties remain active in
promoting and supporting accessible tourism, they simultaneously work towards two major
governmental macroeconomic aims.
Higher levels of accessibility create more demand and eventually, supply in the market for
tourism. The country’s economy will witness a growth in the tourism industry and, in the long term
its Gross Domestic Product. Cooperation amongst suppliers to produce more will increase
the provision of accommodation, transport, leisure actives and hospitality. This will create more
jobs in the economy- hence reducing unemployment rates.
Enforcing technical guidelines through equity-based legislation as a means of meeting
accessibility standards allows governments to assert their authority. Governments can work in
conjunction with tourism and travel companies to invest in research and development (positive
externality of production) to build staff awareness and customer service skills. It then becomes
the responsibility of travel companies to employ people with disabilities and improve their
accessibility by contacting their national Disabled People’s Organization in order to find out how
to apply requirements in different locations and services.
Information access for persons with disabilities
It is considered an ethical responsibly for tourism companies and related public sector
stakeholders to convey accurate and relevant information to their customers during all stages of
a tourism experience or journey. Ensuring accessible information is, however, seeing
advancements in becoming more technology-oriented. New applications and cloud data allows
destinations to reach to wider audiences with access to more, and often personalized,
information. Although this does benefit the majority, these systems may exhibit features that
hinder access to people with visual, cognitive or hearing disabilities.
Tourist information sources can be designed based on the ‘principles of universal design’ to
maximize ease of use by the majority and minority. Business should clearly state what facilities
are available, how to book them and at what price.
Established standards of information accessibility will ensure that no person or group of people
are excluded from participating in tourism activities because of poorly designed information tools
and systems as this makes them excluded from opportunity of living independently. No one
should be excluded from participating in tourism activities because of poorly designed
information tools and systems, as this also implies being excluded from the opportunity of living
an independent life.
Exploitation of children in the tourism industry
The international Labour Organization (ILO) estimates that approximately 10 million children (persons
under 18) work in the tourism industry; child slavery is a violation in the universal deceleration of human
rights.
The economic growth, employment and development opportunities that tourism brings create leeway for
the exploitation on the host country’s community and environment. Vulnerable groups of society are the
most susceptible; perpetrators manipulate poverty and a lack of job opportunities and as a result,
children become a primary target of child labour and exploitation.
The sexual exploitation of children in travel and tourism (SECTT) is a global concern; no region or
nation is unaffected. With increased development of transportation and the Internet people look to some
of the most remote and poverty-stricken areas on the globe. The secretive nature of SECTT only
increases the concern towards young victims of exploitation who face physical and psychological
damage. Inadequate time and effort is being invested into uncovering such lucrative activities
specifically what is happening, where it is happening and what can be done to stop it. A lack of
information, along with acceptance of children who don’t know any better means this issue receives little
attention from governments and legislative bodies.
The complexity of SECTT lies in the fact that there is no one type of offender. Offenders can be men or
women, international or domestic tourists. It is the impunity that motivates what are called “situational
offenders” or those who do not set out with the intention of sexually exploiting children, but do not
retrain from doing so once presented with the opportunity.
According to estimates made by ILO (International Labour Organization), between 3 and 19 million
people of ages 18 and under work in the tourism sector; this is an example of slavery and child labourboth abominable forms of human right violation.
Sustainable Tourism
Environmental damage and depleted access to non-renewable resources
There is a lack of ethical code or mutual understanding of what sustainable tourism means. With
no clear boundaries, supposed environmental regulations are violated. The tourism industry puts
pressure on a nation’s resources, primarily due to its land intensive nature. As a result, tourists
are entertained in a host country at the expense of its local people.
Many tourists destinations in developing countries do not have appropriate waste disposal plans.
Tourism activities hence generate sewage that is not managed appropriately. Furthermore,
increased transport in tourism activities contributes to a nations pollution levels.
Preserving Cultural Heritage
The ownership of tourism resources sometimes results in conflict; tourism resources are the shared
heritage of making and in an ethical perspective the nations in which they are situation have the rights to
them.
The preservation of cultural heritage becomes an issue as tourism companies or tourists themselves
mistreat them. All Tourism activities should be conducted with respect towards the creative, architectural
and historical heritage of the monuments of archaeological sites. The intrinsic value of heritage based
tourism products outweighs the economic benefits they provide. Stakeholders must be constantly
reminded of the value of heritage; never reaching a point where objects or sites are exploited as a tool
for money-making. Furthermore, a lack of investment in holistic training and projects to endow cultural
and historical knowledge is little.
Participation in maintaining and utilizing cultural heritage in a sustainable manner for tourism to grow
which simultaneously is a powerful means for expanding cultural exchange amongst communities.
The major challenge posed by the tourism industry is responsibly safeguarding cultural heritage while
using it to employ people and share to with other cultures. The rate of globalization, specifically
Westernization, means the preservation of culture through tourism is of utmost importance.
Tourism often brings along with it new behaviors and practices. These often contradict the traditions or
values of the host community and may conflict with its cultural identity, threatening the value systems in
place.
Major Countries and Organizations Involved
United Nations world Tourism Organization (UNWTO)
The United Nations World Tourism Organization is an agency of the United Nations that dedicates its
efforts to promoting sustainable and responsible tourism, in other words, tourism that adopts a global
code of ethics.
This organ of the United Nations focuses on information accessibility, child protection and human rights
within tourism. It is guided b the principal that tourism is an industry that can make
meaningful contribution to people and our planet, but can do so while considering its consequences on
tourists, tourist companies, host communities and natural environments.
World Committee on Tourism Ethics (WCTE)
The World Committee on Tourism Ethics was founded in 2003. It is an independent body
and subsidiary organ of the UNWTO. The body’s fundamental goal is to bring about the ethical
consideration into tourism as a means of achieving sustainable tourism. As of April 2016, the 17th
meeting of the body held in the UNWTO Headquarters in Madrid is focused on converting the Global
Code of Ethics for Tourism into an international convention with particular focus on transforming the
code into a set go legally binding international laws to ensure full conformity of all nations.
Australia
Australia has seen great progress/taken great strides in abiding to a code of ethics in its tourism
industry. Unlike other nations, Australia has made “Tourism Australia” a Government agency responsible
for its tourism industry. Although the nationalization of the tourism industry is a foreign concept to many
other nations, the agency has published a code of conduct in 2014 that is an exemplar of what other
member nations should strive for. The document brings attention to corporate values and behaviors,
respect for Australian law, potential conflict of interests, conduct in social media and harassment of
tourists or employees.
Turkey
Turkey saw a record 42 million tourists visit their nation in 2014, a number that increases annually. Since
its near economic collapse at the end of the 20th century, with the help of the International Monetary
Fund, Turkey has enjoyed mostly steady growth through its tourism, agricultural and manufacturing
industries.
Visitors pouring in from the UK and Germany means that all-inclusive tourism are on the rise. According
to research campaigns conducted by Tourism Concern, only 10% of tourism-expenditure finds its way
into benefitting the Turkish economy. Another Major concern for Turkey is the breach of worker’s rights
in joining trade unions to protest against overtime and low-pay. The concept of ‘tipping’ is popular in the
hospitality industry but sees little prevalence in all-inclusive holiday packages. Additional issues include
environment resource wastage, particularly water for pools and general guest usage.
South Africa
The South African Constitution and the Tourism Act lead tourism in South Africa. The Government
believes it as duty to work together with its people to find the most suitable methods to improve and
maintain social and economics standards in the country and thus general quality of life. The tourism
industry serves as a key platform for the country’s economic growth, seeing as its labour intensive sector
is a major contributor to job creation. The nation is focused on the creation and fulfillment of laws that
encourage sustainable tourism as a means to diversify their economy.
Multiple privately owned tourism business have accepted the challenge to become more
environmentally and socially responsible and have automatically been rewarded by cost-savings and
improved market-profile. The South African Tourism Services Association (SATSA) have taken on an
invisible corporate social responsibility to host to contribute to initiatives that practice ethical tourism,
such as “habitat for humanity"
The nation has launched the South African National Minimum Standard for Responsible Tourism
(SANS) in 2011, which consists of detailed requirements that aim to adhere to ethical standard in tourism
by establishing a unified national understanding of responsible and sustainable tourism.
Timeline of Events
Date
Description of event
March 10th, 2006
The 18th meeting of the Task Force for the
protection of Children in Tourism was held in
Berlin, Germany. Mr. Luc Ferran, Ms. Jo Elsom
and Mr.Sidney costa coordinators in their
respective country’s tourism protection reported
information and shared suggestions with other
representatives present.
October 18th, 2012
Initiated by the UNWTO and the Ministry of
Economy of Armenia, an International Conference
on “Universal Values and cultural Diversity in the
21st century” took place in Yerevan. It saw a
range of public and private stakeholders to
disucss the value of tourism as a mediator of
intercultural tolerance and the corporate social
responsibility within the tourism industry.
March 8th, 2013
The fist UNWTO even on Intangible Cultural
Heritage and Tourism was held in Berlin,
Germany. The event explored ways of integrating
culture in sustainable tourism as a means to
reduce poverty and encourage economic
diversification in the production of cultural goods.
November 19th, 2014
The UNWTO and the government of the Republic
of San Marino collectively organized the first
international conference on promoting accessible
tourism in Europe. The primary focus was the
development of a framework, especially for
heritage-prevalent cities.
March 6th, 2015
Report and meeting of the UNWTO Panel on
Community Empowerment through Tourism and
Creative Industries. This session focused on
women, youth, the disabled and persons of
indigenous communities. The panel works
towards good practices in tourism that improve
the livelihoods of vulnerable communities through
employment opportunities.
September 30th, 2016
The World Committee on Tourism Ethics (WCTE)
has created a global award to incentivise ethical
tourism practices: The UNWTO Ethics award
Relevant UN Treaties and Events

Global Code of Ethics for Tourism, 21 December 2001 (A/RES/56/212)

Recommendations on Accessible Tourism, August 2013 (A/RES/637(XX))

Accessible Tourism for All, October 2011 (A/RES/606(XIX))

Declaration on the Facilitation of Tourist Travel, October 2009 (A/RES/578(XVII))

Global Code of Ethics in Tourism, December 2015 (A/RED/70/200)

Activities of The World Committee on Tourism Ethics (A/RES/506(XVI))
Previous Attempts to solve the Issue
Although there has been considerable time and effort put into creating a global Code of Ethics,
information accessibility, the preservation of cultural heritage and the exploitation of children in the
tourism industry have yet to be eradicated. In the past, nations have engaged in conferences to discuss
ideas and solutions. Nations now need to focus on implementing these ideas and solutions: a level of
international cooperation and potentially a contract of legally binding nature is the next step of progress
in the issue at hand.
The latest resolution on a global code of ethics in tourism was passed in 2001, and should be developed
and improved in coherence with the global changes in the last 16 years; to be signed and ratified by all
member states.
Possible Solutions
In terms improving accessibility, the wide scale collaboration of all stakeholders in the industry is
imperative- including but not limited to policy makers, architects and designers. This is key to developing
strategies that adhere to the framework. The quality and input into this cooperation will determine the
world’s ability to abide by a global code of ethics.
Destination governments should implement legislative measures that protect all citizens from human
rights violations in the tourism industry. Governments should also consider utilizing market-based
solutions such as cap and trade schemes or taxes to decrease harmful pollutants or waste products
release into the atmosphere and environment by production and consumption in the tourist industry.
While the tourism industry is utilized in the lucrative business of child labour, it can be remodeled to fight
the same exploitation. The investment of the industry in development and poverty alleviation projects,
corporate social responsibility methods, research and development into reducing waste, and the training
and specialization of employees will benefit both their business and the host community.
Bibliography
Hawke, Angela, and Alison Raphael. GLOBAL STUDY ON SEXUAL EXPLOITATION OF CHILDREN
IN TRAVEL AND TOURISM 2016. Netherlands: ECPAT International, May 2016. PDF.
National Disability Authority. "The 7 Principles." Centre for Excellence in Universal Design. National
Disability Authority, n.d. Web. 04 Dec. 2016.
South African Department of Tourism. "WHAT IS RESPONSIBLE TOURISM?" What Is Responsible
Tourism? | Tourism Knowledge Portal. South African Department of Tourism, n.d. Web. 04 Dec.
2016.
Sullivan, John O’. PDF. Australia: General Manager, People & Culture, 1 June 2014. PDF.
TheCode.Org. "Understanding Child Sex Tourism | The Code." Understanding Child Sex Tourism | The
Code. TheCode.Org, n.d. Web. 04 Dec. 2016.
Ulrik, Kai. "Turkey." Tourismconcern.org.uk. Tourism Concern, 02 Feb. 2016. Web. 04 Dec. 2016.
World Tourism Organization (UNWTO). 15 Years of the UNWTO World Tourism Network on Child
Protection: A Compilation of Good Practices. Madrid: UNWTO, 2014. PDF.
World Tourism Organization (UNWTO). Accessible Tourism for All: An Opportunity within Our Reach.
Madrid: UNWTO, 2016. PDF.
The World Tourism Organization (UNWTO). "Ethics and Social Responsibility." World Committee on
Tourism Ethics | Ethics and Social Responsibility. The World Tourism Organization (UNWTO),
n.d. Web. 04 Dec. 2016.
Appendix or Appendices
i.
The Global Code of Ethics in Tourism- 2001
http://cf.cdn.unwto.org/sites/all/files/docpdf/gcetbrochureglobalcodeen.pdf
ii. Universal Declaration of Human Rights
http://humantraffickingsearch.net/glossary.html
iii. United Nations World Tourism Organization (UNWTO)- official website
http://www2.unwto.org/en
Forum:
2nd Commission of the General Assembly
Issue:
The question of the use of unilateral economic measures as a means of
political and economic coercion against developing countries
Student Officer: Lydia Lampiri
Position:
Deputy Chair
Introduction
Through his contribution in the World Economic Forum’s report on the “Age of Economic
Coercion”, Mark Leonard expresses the paradox that has formed through our globalised economic
system. He states that “all players have a common interest in maintaining the system that has generated
important benefits for them. But their individual interests of using the system to their advantage, while
being as independent from it, as possible trumps the common interest.”
According to the United Nations, in 1999, there were over 70 countries subject to unilateral
coercive economic measures. The report “Unilateral Economic Measures as a Means of Political and
Economic Coercion Against Developing Countries” (A/54/486) was created to respond to the 52/181
General Assembly resolution (Dec. 18, 1997), where the Assembly expressed its concern on the use of
the aforementioned measures and their negative impacts on global, economic cooperation. As a result,
member states were urged to abolish the use of unilateral coercive economic measures against
developing countries when these measures did not agree with the United Nations Charter. Furthermore,
the General Assembly also agreed that States may not use unilateral economic or political means to
force a different State from exercising its right to sovereignty, Additionally, it was noted that the level of
effectiveness in unilateral coercive economic measures was low and in fact, counter-protective. The
General Assembly concluded that nations were discouraged from using unilateral economic measures
as a means of political and economic coercion.
The reason unilateral economic measures have become an issue, especially when it comes to
their use against developing countries is that they do more harm than good. Though it can be argued
that they help us avoid war, their effects do not only harm the civilian population of a country a lot more
than the government itself, their use has also been deemed to have little effect for the damage caused.
Many unilateral coercive measures have been deemed to go against the United Nations Charter as well
as the Declaration of Human Rights. Some of the most famous unilateral coercive measures that have
taken place in the past century can be argued to be the US embargo on Cuba as well as the sanctions
imposed on Iran. In fact, an Iranian-American student said that when she visited the Georgia Apple Store
in 2012, the store refused to sell Apple products to her because of the “bad relations” between the
countries and the fact that Iran is one of the “prohibited destinations” of Apples export policy due to the
sanctions that take place there.
Figure 2: Despite criticising sanctions, the following seven countries (excluding Iran) as well as the EU support UN sanctions
Definition of Key Terms
Unilateral Economic Measures
A measure taken by a State aiming to affect the economy of another state. This may include but
is not limited to, the imposition of financial sanctions or freezing of assets.
Unilateral Coercive Measures
Measures taken by a State in order to force another State to change their policy such as sanctions
or visa bans among others.
Political Coercion
Political pressure enforced from one State to another in terms of economy, military, and borders
in order to force another State to change their policy
Economic Coercion
Economic pressure enforced from one State to another in order to force another State to change
their policy
Sender country
A country implementing a sanction or another form of unilateral economic measure onto a target
country (For example, in the case of the US sanctions on Iran, the sender country would be the US)
Target country
A country that is being affected by a sanction or another form of unilateral economic measure.
(For example, in the case of the US sanctions on Iran, the target country is Iran)
Unilateral Sanction
A unilateral sanction is imposed by a single country rather than a bloc of countries.
MEDCs
More Economically Developed Countries
LEDCs
Less Economically Developed Countries
BRICS
Alliance between Brazil, Russia, India, China and South Africa
Background Information
Unilateral Coercive Measures
According to the UN Secretary General Report on “Unilateral Economic Measures as a Means of
Political and Economic Coercion Against Developing Countries” (published in 2015), there has been a
notable increase in the number of unilateral economic measures in recent years. In fact, there were 18
measured cases between 2000 and 2007 with 17 measures initiated following 2010. In terms of reestablishing economic relations (with countries such as Cuba or Myanmar) on the other hand, efforts
have been been introduced, but not settled.
As mentioned above, unilateral coercive measures are essentially a state’s economic methods
which in turn force another state to change their policy. The truth is, “unilateral coercive measures” are
quite difficult to define. These measures include embargoes and boycotts with the main goal being to
negatively affect the flows of capital in the form of investment and finance in target countries. According
to the Secretary General’s 2011 report, these measures are unpopular between LEDC countries due to
the fact that they either violate Human Rights or go against the United Nations Charter. More specifically,
though there is no way to indicate whether coercive measures are illegal, there is also no way to indicate
whether they are legal. This means, that the legality of coercive measures depends on whether or not
there are any treaty laws as well as the assessment of the unilateral coercive measures.
Examples of Unilateral Coercive Measures
In addition to sanctions and hedging, there are other, arguably less popular unilateral coercive
measures used from one state to another. According to the World Economic Forum, the following
measures may also be considered as Economic Coercive Measures: “Economic blockade/embargo,
Travel/visa bans, freezing of financial assets, financial sanctions, import and export bans/reductions,
tariff increase/discrimination, unfavourable taxation, increased import/export taxation, withholding of
previously agreed loans, orders, projects, cancelling/interrupting of international negotiations or
meetings, closing or expropriating businesses, encouraging public boycotts, denying regulatory
approval/licenses, cutting transportation links, suspending aid”. Though these actions may not seem as
“promising” as sanctions, it is important to remember that when making an effort through economic and
political coercion against LEDCs, limiting a country’s available economic actions with these methods can
actually be deemed beneficial to the “sender country” since there is a chance for the LEDC to actually
comply with the wishes of the MEDC. These methods can be used as a war alternative or when deemed
completely necessary due to the fact that their social effects can harm the “target country” to a large
extent.
Figure 3: Unilateral Economic Measures That Took Place
Between 2000 and 2015 (source: UN SG 2015 Report)
Figure 4: Hedging in seven countries and the EU
Effects
The effect of a unilateral coercive measure such as a sanction begins by affecting trade. The effect of
that action is directly dependent on how much a country relies on its exports. Moreover, the sanction can
then create some kind of political or economic instability. At this point, those suffering most from the
sanction are the people, who may turn to solidifying the current political regime in place or turn to
extremism. In the case of unilateral sanctions, target countries are able to, through a third party avoid the
negative effects of the sanction in terms of trade.
The countries issuing the sanctions are also experiencing the effects of sanctions. Along with trade loss,
there impacts may include unemployment, productive capacity loss, decline of economic and social
welfare within a member state, economic loss, as well as a decreased availability of a good, therefore
increasing its price in the sender country’s market (OECED).
Why Are Unilateral Coercive Measures Opposed?
Unilateral Coercive Measures are opposed for numerous reasons. First of all, they may overstep
international laws, therefore “compromise both customary international law and general principals of law”
(OHCHR). As a result, even the main form of Unilateral Coercive Measures, ending trade relations, must
be analysed. The International Court of Justice however, has claimed that if there are no treaties
between the “sender” and “target” country, annulling trade relations is not unlawful.
The December 18th resolution group decided that unilateral impositions of coercive economic are
inconsistent with international economic law core values and standards. These inconsistencies include
“(a) freedom of international trade, investment and navigation; (b) non-discrimination, including the socalled most-favoured nation (MFN) clause and the concept of national or equal treatment; and (c)
sovereignty over natural resources and the right to regulate foreign investment and economic activities.”
(Singh)
Unilateral Economic Measures and Human Rights
In his report on “Unilateral Economic Measures as a Means of Political and Economic Coercion
Against Developing Countries”, the UN Secretary General stated that unilateral economic measures
violate “the principles of the Charter of the United Nations, the norms of international law and the rulesbased multilateral trading system. They also infringe the sovereignty of States”. He later on mentions
that the Declaration on Principles of International Law states, in terms of laws that concern Friendly
Relations and Cooperation among States that, “no State may use or encourage the use of economic,
political or any other type of measures to coerce another State in order to obtain from it the subordination
of the exercise of its sovereign rights”.
The main reason for the opposition of Unilateral Coercive Measures is the affect on Human
Rights. When evaluating coercive economic measures, it is crucial to ensure that these measures do not
infringe upon “the right to life, the right to an adequate standard of living, including food, clothing,
housing and medical care, the right to freedom from hunger and the right to health” (OHCHR). With that
in mind, the starvation of civilians is forbidden and according to the 1907 Regulations Concerning the
Laws and Customs of War essential food and medical supplies must be allowed, even with a sanction in
place.
As a result, the Committee on Economic Social and Cultural Rights has stated that sanctions do
not only require monitoring while they are imposed, but when designed they need to take into full
consideration their affect on Human Rights of civilians. This is a challenge with “smart”/”target” sanctions
because even though they directly affect individuals rather than populations, freezing bank accounts may
in fact, infringe upon the individuals’ right to fair trial as well as privacy and property. On the other hand,
“smart”/”target” sanctions are used more frequently because they do not affect the general population of
a nation, but rather, those who hold the influential political power.
The Effect on Human Rights and Societies
The effect of Unilateral Economic Measures in terms of Human Rights in a society can be easily
distinguished through the elderly, the women, children, as well as the poor and vulnerable classes. It can
be inferred that this is because of the fact that these are the highest percentage of people who need
access to life saving medical equipment, food, education. Additionally, the OHCHR has observed that
because of sanctions, the middle class may seize to exist, making the poor dramatically poorer and the
rich a lot richer.
There are however, some considerations that must take place when assessing the Human Rights
Issue of Unilateral Economic Measures. First of all, the extent of those affected must be assessed –
especially when concerning the influence the sanction may have in a country’s national income as well
as a country’s trade patterns. Additionally, the importance of the issue needs to be determined; more
specifically, “sender countries” must know the extent of damage that they may cause to “target countries”
in terms of affecting the population. If the population has no access to important medicine, then these
sanctions infringe upon their basic needs.
In the long term, however, the Unilateral Economic Measures imposed may begin to affect the
“target population” a lot more. For example, the inability to trade may lead many locals to unemployment,
therefore affecting a country’s job market. This goes against the 6th article of the International Covenant
on Economic, Social, and Cultural rights. Additionally, when affecting the standard of living of civilians,
through means pertaining to medicine, food, clothing and housing, a country is going against the 25th
article of the United Nations Declaration of Human Rights as well as articles 11 and 12 of the
International Covenant on Economic, Social, and Cultural rights.
By imposing measures such as sanctions, the entire population of a developing country suffers
while the intended target may never be reached. Collective punishment mainly harms citizens and
children through lower incomes and harming a member state’s budget. This results in negative progress
for many developing countries. The epitome of these actions can be witnessed in the failure of the
Millennium Development Goals, where numerous countries failed to reach their goals. Moreover, the
irony here is that these actions are in fact conflicting with the General Assembly resolution 64/189.
Groups such as women and people with disabilities may be affected disproportionally. In that
case, the measures taken can be argued to be discriminatory and go against articles 2 and 1 of the
Convention of Elimination of All Forms of Discrimination Against Women as well as the Convention on
Rights of Persons with Disabilities respectively.
Major Countries and Organizations Involved
When taking into consideration the role and relevance of each country, it is important to
remember that when countries impose sanctions they always play to their own strengths. This means
that Russia for example, will impose sanctions in relation to their natural gas –something that other
countries may heavily rely on.
In the Secretary General’s report on the issue in 2015, there was a large number of countries
which stated that they have in fact, been affected by coercive economic measures in the past. Namely,
“The Central African Republic, Cuba, Latvia as a member of the European Union, Madagascar, the
Syrian Arab Republic, Turkey, Venezuela (Bolivarian Republic of) and Zimbabwe”. The aforementioned
countries have stated that their trade has been mostly impacted from the coercive economic measures
that were imposed against them. Additionally, they mention having issues in their population welfare due
to the humanitarian and economic effect of the sanctions. Moreover, the “target” countries of sanctions
have in fact shown worry when it comes to their own economic and social growth in the long term
because of the sanction consequences. They furthermore wish for other Member States to not impose
such measures due to the fact that their impact is severe for both the current country living standards, as
well as the living standards of future generations.
United States
Following the September 11 attacks, the United States has increased its financial sanctions. Its
central role in the global financial system allows the US to impose sanctions in terms of restricting US
dollar transactions as well as limit access to the Federal Reserve system and SWIFT network.
Additionally, the central power of the US can allow “a financial equivalent of a nuclear strike” to happen.
Though this has yet to occur since an option as such would not be practical or beneficial for the US.
In 2013, the US counsellor to ECOSOC, Jill Derderian addressed the US vote on the resolution
concerning unilateral economic measures as a means of political and economic coercion against
developing countries. She stated that the US believes in the right of freedom to choose how each
member state chooses to trade with other member states during bizarre conditions. The US believes that
economic sanctions are a successful means to achieve goals in foreign policy. She later on stated that
the US applied sanctions with “specific objectives in mind” such as the promotion of the rule of law or
democracy, restoring respect for human rights as well as prevent international security threats.
Moreover, the US states that non-violent means such as unilateral economic measures can be used
when democracy, security and human rights are threatened. More specifically, the US stands in favour of
targeted sanctions as “a legitimate alternative to the use of force”
European Union (EU)
In 1996, 2004, and 2006 the EU abstained during voting on a UN General Assembly resolution
on unilateral economic measures as a means of political and economic coercion against developing
countries. The presidency explained to the UN General Assembly that the EU believed that “economic
measures should be compatible with the principles of international law both as contained in the United
Nations Charter and also with a wider interpretation including with the principles of the multilateral
trading system and the rules of the World Trade Organisation”. He added that the EU disagreed with
taking any unilateral measures against another member state. This is quite ironic seeing that the EU has
in fact imposed measures that include sanctions in the past on other member States such as Syria and
Iran.
Cuba
Since 1962, the United States have imposed a financial, economic and commercial blockade on
Cuba. This blockade still exists today, regardless of the numerous calls of the international community to
put an end to it as well as President Obama’s efforts to re-establish relations with Cuba. The Cuban
blockade is “the longest set of unilateral economic coercive measures to ever be applied in history”. As a
result, the Cuban progress in the economic, social, political as well as cultural sectors is delayed. Cuba
is therefore not able to import and export products from and to the US, use the US dollar in transactions,
receive loans from the US or any of its banks as well as international bodies such as the World Bank and
International Monetary Fund.
The humanitarian affect of the blockade can be mostly witnessed in the healthcare department.
Because of the blockade, the Cuban hospitals cannot obtain the equipment, medicine, instruments and
additional supplies necessary for the treatment of patients from the US. This leads Cuba to have to
resort in importing the equipment from countries that are farther away, increasing their costs.
The blockade also intervenes with the social programmes Cuba has established in order to
eradicate hunger. Moreover, due to the blockade, Cubans do not have access to the US as well as other
international food markets. This directly intervenes with their right to food as well as increases the
population of those who are food insecure.
The economy of Cuba is severely prevented from being able to acquire favourable loans,
purchase modern technology, attract foreign investment as well as fully integrate itself within the global
economy. The losses due to the inability to enter the US tourism market, lost incomes of goods and
services, the relocation of trade, the issues of the exchange rates (US dollar unable to be used in
payments), frozen assets reach billions of dollars annually. An amount which would help Cuba develop
as a country as well as an economy.
The US blockade on Cuba aims “To bring about ‘hunger, desperation and overthrow [the Cuban]
Government’” (Lester D. Mallory). Based on the Convention on the Prevention and Punishment of the
Crime of Genocide of 1948, it qualifies as an act of genocide. Based on the Declaration concerning the
Laws of Naval War in 1909, it also acts as an act of economic warfare. Finally, on 23 different occasions,
the UN General Assembly has declared, with an overwhelming majority, its respect for the abidance of
international law which complies with the aims and ideas of the UN Charter and allows the Cuban people
to choose their own future.
Iran
Iran has had sanctions imposed on her by the United States since the dawn of her revolution in
1979. These have been previously expanded in 1995. The US is not the only country imposing sanctions
on Iran since there are member states such as Israel, Canada, Australia, Switzerland as well as the EU
itself. The UN Security council 1696 also imposes sanctions on Iran due to the fact that Iran did not
suspend its uranium enrichment program. The sanctions imposed on Iran mainly target its oil, gas, and
petrol sector among others, therefore harming Iran’s trade and economy. Furthermore, the sanctions
have proved to have affected the people of Iran as well as tried to influence Iran’s policies on the use of
its uranium enrichment program. Despite failed talks between Iran and the west, there was a provisional
agreement that was reached on April 2, 2015 in Switzerland that would lift most of Iran’s sanctions if
limits were imposed on her nuclear program. The sanctions of the UN on Iran were lifted on January 16,
2016.
Russia
The Russian Federation uses its gas exports to exert pressure on its neighbours as a form of
economic coercion. In 2014, however, Russia imposed a ban on the US in terms of adopting Russian
children. Sanctions were imposed on Russia by the US and the EU as a result of Russian actions and
behaviour that were not taken positively. The coordination between the EU and US aimed to create a
unified front, limit sanction evasion opportunities and limit “backfilling” (A country profiting from the
sanction restrictions of another). The sanctions imposed on Russia were at first on travel and the
purchase of assets. Later on, these sanctions developed into finance and investment. Though the
sanctions were mainly targeted, some did become sectorial with time. At the downing of the MH17
however, there was a change in the US and EU stance since both countries began to support escalating
financial sanctions.
China
Though China claims to have opposed unilateral economic sanctions, even veto them in the Security
Council, it does not mean that China has not imposed any in terms of trade restrictions. For example,
China may impose sanctions on rare minerals as well as restrict access to its large consumer market as
a means of economic and political coercion. These measures are not openly declared to be sanctions
but are rather adopted as informal measures. Chinese sanctions are also a lot more flexible than other
kinds of sanctions. Their informality does not call for an “embarrassing policy reversal” and the fact that
they are rather short does not lead to major diplomatic issues between member States.
Despite being economic-interest focused, China’s sanctions are targeted rather than general. For
example, when US companies were selling arms to Taiwan, China imposed sanctions on them. The
companies then had to face the dilemma of whether or not the companies want profit or access to the
Chinese market.
UNCTAD
The United Nations Conference on Trade And Development (UNCTAD) strongly opposes
imposing unilateral economic measures as a means for economic and political coercion against
developing countries. In the Accra Accord UNCTAD urged States to not apply any kind of unilateral
economic as well as financial measure that does not abide by the UN Charter or any international law,
stressing that when trying to promote important trade liberalization, we, as a community need to take into
consideration unilateral economic measures since they act as barriers to trade.
The UNCTAD has also noted the degradation caused by the coercive economic measures
imposed on a country in terms of the economic and social welfare of the individuals inside. It is he
citizens of countries that are developing or that are in the middle and lower classes are the ones who are
affected by the economic measures applied the most. UNCTAD reports that the negative effects of the
measures include the inability to acquire necessary goods and services as well as the hindering of the
communications technology and information development. It is therefore needless to say that UNCTAD
does not agree with actions that impose unilateral economic measures as a means of political and
economic coercion against developing countries.
Bolivarian Republic of Venezuela
Since March 9th 2015, the US government adopted Executive Order No. 13692. This order
addresses “the situation in Venezuela” stating that its government “constitutes an unusual and
extraordinary threat to the national security and foreign policy of the United States” and therefore
imposing economic sanctions. Venezuelan representatives argue that the sanctions are unlawful and fail
to comply with international law, contradicting the spirit of the UN Charter, as well as UN resolutions, and
declarations that have been previously adopted. Additionally, they claim that through the sanctions, there
are negative effects such as human rights violations that occur, asking member States to refrain from
adopting similar measures, that hinder development in other member States.
Turkey
Though Turkey does not agree with imposing unilateral measures as instruments of political and
economic coercion, it has used its geographic position to cut Armenia off of its trade with the West.
Moreover, Turkey does agree with the use of “smart and targeted” sanctions which she claims to be
“useful”. Between 2010 and 2012, Turkey was affected by economic sanctions, and has therefore stated
that their impact has “an adverse effect on regional economic cooperation as well as international trade
and economic cooperation on a global scale”. Turkey, for example, has been affected by sanctions that
have been imposed on Russia and therefore argues that when imposing sanctions, it is important to
remember that there are other countries affected as well.
Turkeys position on the matter is the application of sanctions which agree with the UN Charter,
believing that they are “an important tool for the maintenance of international peace and security”. She
later on states that it is important that the sanctions are carefully targeted and take into consideration
individual rights in order to minimise any additional harm to others. Therefore, turkey endorses “smart
sanctions” since they target specific individuals and do not harm civilians.
Timeline of Events
Date
Description of event
1979
EU and USA ban export and import of goods to Iran
2008
12th session of UNCTAD – Accra Accord emerges
2011
2012
2015
2016
UN Secretary General Invites all Member States to express their opinion on
unilateral sanctions
Doha Mandate
UN Secretary General Invites all Member States to express their opinion on
unilateral sanctions
UN lifts sanctions on Iran
Relevant UN Treaties and Events

Human Rights Impacts of Sanctions on Iraq, Background Paper prepared by OHCHR for the
meeting of the Executive Committee on Humanitarian Affairs, 5 September 2000, (A/HRC/19/33)

OHCHR thematic study on the impact of unilateral coercive measures on the enjoyment of
human rights, including recommendations on actions aimed at ending such measures, 11
January 2012;

Unilateral economic measures as a means of political and economic coercion against developing
countries, 22 December 2005, (A/RES/60/185)

Unilateral economic measures as a means of political and economic coercion against developing
countries, 1 November 2002, (A/RES/57/5)

Unilateral economic measures as a means of political and economic coercion against developing
countries, 24 January 2002, (A/RES/56/179)

Unilateral economic measures as a means of political and economic coercion against developing
countries, 24 January 2002, (A/RES/56/179)
Previous Attempts to solve the Issue
To assess the “success” of a unilateral economic measure is inaccurate and open to
interpretation. We cannot assess whether or not an economic measure was successful simply because
we do not know what perspective its success was considered in. A sanction can be considered
successful because it did force a country to change their policy to one that would be more favourable to
the sanction sender country. However, this aforementioned sanction may have harmed the civilian
population of the target country to a large extent. Therefore, it is unclear whether or not this sanction
could be considered to be successful or not.
Though, the numerous General Assembly resolutions that have been drafted and passed
by the UN and Secretary General reports on the issue do not solve the issue at hand, they do show that
there have been international efforts to annul the use and implementation of unilateral economic
measures in order to reach political and economic coercion against developing countries. The Doha
Mandate though, Resolutions such as A/RES/68/200 urge the international community to eliminate
unilateral coercive measures urgently, especially those that are against developing countries and not
authorized by the UN or relevant organs. Additionally, these measures should take into consideration
international law, respecting the UN Charter principles and human rights.
Another document that has attempted to solve the issue at hand is the Doha Mandate. In Subtheme 1, “Enhancing the enabling economic environment at all levels in support of inclusive and
sustainable development”, part A and clause 25, States are “urged to refrain from promulgating and
applying any unilateral economic, financial or trade measures not in accordance with international law
and the Charter of the United Nations that impede the full achievement of economic and social
development, particularly in developing countries, and that affect commercial interests”. These measures
affect the populations at hand and therefore do more harm than good.
Possible Solutions
When trying to format possible solutions on the issue, it is important to remember that, when a
member state takes advantage of the global system, its foundations weaken (WEF). This means that by
implementing more economic coercion will lead to more countries being against it. As a result this would
mean that the basis at which the system is founded upon will be undone, bringing negative responses
and hindering progression.
Though some countries are more powerful than others and waging war would be costly and
possibly inefficient, superpowers such as the US should refrain from using their “financial tools to punish,
deter and coerce in ways not available to other countries” due to the fact that it is not only unfair, but may
also harm the entire country at hand.
It can be argued that unilateral economic measures barely achieve the political goals they have
set out to accomplish in the first place. Therefore, imposing unilateral economic measures may simply
just harm the economy and population of the target country rather than influencing those with the political
power to take a favourable decision from the eyes of the sender party. As many countries have
expressed, they are against the use of unilateral economic measures. However, this does not mean that
these measures are illegal or should not be imposed when necessary. Based on UN Secretary General
reports as well as UN Resolutions, and individual country positions, the best route to take when deciding
whether or not to implement unilateral economic measures is to make sure that these measures do not
harm the population and are therefore targeted as well as abide by international law and human rights.
Bibliography
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"Human Rights and Unilateral Coercive Measures." OHCHR. OHCHR, n.d. Web. 9 Nov. 2016.
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Leonard, Mark. "Sovereignty and Economic Coercion." Environmental Sovereignty and the WTO:
Trade Sanctions and International Law (n.d.): 231-54. We forum. World Economic Forum, Jan. 2016.
Web. 9 Nov. 2016.
@myfairobserver. "Unilateral Economic Sanctions Against Iran: Unexpected Implications (Part
1/2) - Fair Observer." Fair Observer. Fair Observer, 29 May 2014. Web. 26 Nov. 2016.
<http://www.fairobserver.com/region/middle_east_north_africa/unilateral-economic-sanctions-iranunexpected-implications-part-1/>.
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Singh, Someshwar. "HALF THE WORLD HIT BY US UNILATERAL SANCTIONS." HALF THE
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2016. <http://www.twn.my/title/half-cn.htm>.
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Political and Economic Coercion against Developing Countries Explanation of Vote Statement by Jill
Derderian, Counsellor to ECOSOC November 14, 2013 (n.d.): n. pag. Papersmart. Papersmart. Web. 9
Nov. 2016.
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Forum:
General Assembly 3
Issue:
Measures to Eradicate Forced Labor and End Modern Slavery
Student Officer: San Sung Park
Position:
Deputy Chair
___________________________________________
Introduction
Slavery was a common practice until the end of 1800s. Slave trade was a prosperous
business to many slave owners because slaves provided cheap labor for manual labor. Most of
the slave trade was done through the transatlantic slave trade. Although slavery was almost
abolished globally by the mid-20th century, modern forms of slavery took place. Instead of the
ownership of person or people, victims of modern slavery are enslaved either voluntarily or
involuntarily.
Modern slavery is a form of human trafficking in which people fall victims under forced
labor, sexual exploitation, and cheap labor. Globally, around “21 million people are victims of
forced labor”, and modern slavery has become a profitable business for the human traffickers
(Forced Labour).
According to the International Labor Organization (ILO), forced labor generates illegal
profit of $150 million per year. Men and children are forced to work in factories and sweatshops
to produce goods at a low wage, while women and girls are forced into prostitution or other
commercial sex. Private individuals or enterprises exploit about 19 million victims, whereas state
and rebel groups exploit over 2 million victims. About 4.5 million people that are exploited by
individual/enterprise are victims of forced sexual exploitation. Migrant workers are mostly
vulnerable to forced labor due to financial insecurity, threats, and fraud.
With the popularity of modern slavery rising, modern slavery became prevalent in some
countries like Cambodia, Thailand, Myanmar, and Afghanistan. Internal conflicts within countries
are perfect recipes for modern slavery, and many men, women, and children have become
vulnerable to slave-based work and human rights abuse created by the chaotic environment.
The victims involuntarily work for long hours for little to no wages while having little hopes of
escape. This continuous exploitation of the modern slavery victims has been supplying the
global supply chain.
Definition of Key Terms
Sex trafficking
Sex traffickers use violence, coercion, fraud, or threats to force adults and children,
especially females, to “engage in commercial sexual acts against their will” (“Sex Trafficking”).
Forced labor
Any work or labor that people are forced to do due to threats, violence, or income issues.
Forced labor is prevalent in labor intensive industries like agriculture and fishing, mining, and
domestic work.
Bonded labor
Bonded labor is a form of forced labor in which people work for free to repay their debts;
debts may not be paid and “can be passed down through the generations” (Kelly).
Descent-based slavery
In descent-based slavery, people are “born into slavery because their families belong to a
class of ‘slaves’ within a society” (Kelly). Though this is not a common case of slavery in our
current world, it exists in West African countries like Niger, Mauritania, and Mali.
Human trafficking
Human trafficking is the “transport or trade of people” for forced and cheap labor, sexual
exploitation, or enslavement (Kelly).
Child slavery
Like adults, children are exploited for cheap labor and sexual acts. Some children are
forced into being child soldiers. Most children are naive and innocent, so it is easier for
traffickers to trick children into modern slavery.
Early and forced marriage
Early and forced marriage is a marriage without the woman's consent, and it usually
involves a young girl. Girls are forced into marriage due to financial issues, threats, or violence.
Background Information
History of slavery
Slaves were the lowest class in the ancient social hierarchy. Regarded as properties,
slaves were easily disposable and were acquired to do arduous work. Many countries adopted
the concept of slave trade. As trade routes expanded and transportation methods improved,
slave owners began the transatlantic trade to transport slaves from mainly Africa to many parts
of the world.
Transatlantic trade involved Africa, America, the Caribbean, Europe, and the Indian
Ocean, so the transatlantic trade is sometimes regarded as one of the first systems of
globalization. Ships arrived in Africa to trade their merchandise with captive African slaves. The
slaves were then transported to America, where they were enslaved by slave owners and
assigned arduous tasks. The goods produced by the slaves were then exported to Europe for
profits. The transatlantic trade, or the triangular trade, was a constant cycle of exploitation for
profits.
Birth of modern slavery
Slavery was abolished and slave trades stopped by the mid 1900s. The declaration of
human rights set the rights of human beings so that human rights were no longer violated
through enslavement and exploitation.
Since the advent of urbanisation, the demand for cheap workforce grew. Unskilled and
unemployed people satisfied the demands of the cheap labor. Human traffickers began to
deceive socially and economically vulnerable people into forced labor and sexual exploitation.
Most of the victims have been forced, threatened, or coerced by the fraudulent representatives
of traffickers. Once a victim has been enslaved and bound to the trafficking industry, the victim
cannot escape freely. Traffickers often give death threats to victims to diminish and discourage
any hopes of escaping. The traffickers transport victims around the world, creating a globalized
exploitation of human beings.
Causes of modern slavery
Many human trafficking cases involve victims that come from a country of poor socioeconomic development. The victims are always in search of jobs to sustain their family. Seeing
representatives from recruitment agencies or people posing as representatives often gives the
victims hope. Even if the job offer may look suspicious, the victims are often left with little to no
choice, so they accept the offer. Irregular migration, social status, and ethnicity also increase a
person’s vulnerability of being trafficked. Local conflicts further increase cases of human rights
abuse and trafficking. Aside from the environmental factors, governmental effort also
determines the vulnerability of human trafficking. Corruption in governments usually hinders the
anti-trafficking efforts.
Impacts of modern slavery
Economic Impact
Human trafficking industry is a very profitable business, which is the reason for the
popularity among the human traffickers globally. Enslaved men work in industries that require
manual labor, while women and children work for commercial sex industry and domestic work.
These industries produce huge illegal profits from using cheap labor.
Construction, manufacturing, and mining industries generate illegal profits of $34 billion,
while agriculture, forestry, and fishing industry make $9 billion. Private households that use
domestic workers save $8 billion by not paying their workers. Overall, forced labor generates
$150.2 billion per year.
Not only does human trafficking affect the economy in terms of illegal profit, but it also
slows down economic development and perpetuates poverty to recruit more uneducated and
unskilled individuals.
Social Impact
Modern slavery has impacts on society as well. Some victims become part of the forced
labor after they fall into debts and are unable to pay back. Victims work for free to repay their
debts. Sometimes, the debts are passed to their children, which causes the children to continue
working to repay the debt. Some people are enslaved because their ancestors were enslaved
as well. This cycle of enslavement maintains the continuous supply of slaves and uneducated
population in the society.
Psychological Impact
Aside from socio-economic impacts, modern slavery also has an impact on victims’
psychology and mentality. Traffickers verbally abuse and objectify the workers, which makes the
victims feel worthless. Everything that the victim does are controlled and monitored by the
traffickers, restricting victims’ freedom. To control the victims, traffickers also use physical
violence like beatings and rape.
Victims are traumatized when they escape or are freed from the dehumanizing
environment. Some reactions or mental symptoms from the traumatic experiences are
depression, anxiety, and hostility. The traumatic experience from trafficking could become
devastating and may increase the vulnerability to revictimization if it is left untreated.
Major Countries and Organizations Involved
Cambodia
Cambodia has become one of the world’s epicentres of human trafficking. The magnitude
of human trafficking operations vary from small-scale business to large-scale organized
trafficking networks. With the rise of globalization, Cambodia’s economy has grown
substantially; however, the education is still limited, especially to the youth. Due to the
uneducated population, there are numerous unskilled workers that are seeking job
opportunities. Lack of employments force people to search for jobs through “internal and crossborder migration” (Cambodia). Migratory job seekers become vulnerable to trafficking, and
sometimes they are recruited by recruitment agency representatives just to find out that they
were recruited for forced labor.
The victims of the trafficking are men, women, and children, who are used for forced
labor and commercial sexual services. Forced labor victims are exploited for fishing,
construction, food processing, and agricultural industries, while sex trafficking victims are
exploited for “sexual services in brothels, massage parlors, and salons” (Cambodia). Most of the
trafficking victims are women and young girls because they are trafficked primarily for sexual
exploitations.
Thailand
Like Cambodia, Thailand is also a “source and transit country” for forced labor and sex
trafficking (Thailand). The victims come from countries with low socio-economic development,
and majority are Thai nationals. Trafficked people also come from neighboring countries such
as Cambodia, Lao PDR, and Myanmar. Some migrants from China, Vietnam, Russia,
Uzbekistan, and Fiji migrate to Thailand for better job opportunities. With the growing sex
tourism, majority of the migrants were deceived or coerced into sexual exploitation and forced
labor.
Among the population, foreign migrants, ethnic minorities, and stateless people are the
most vulnerable people to human trafficking. Other factors for vulnerability include debt
bondage, language barriers, and low social and economic status. The lack of socio-economic
security of individuals fuels the human trafficking industry.
Myanmar
Myanmar is also one of the source countries for the trafficking of men, women, and
children. The poor economic and social development in the country has caused increased
irregular migrations, which puts migrants at the high risk of being trafficked. Unemployed
women and girls are often deceived by the traffickers from the hopes of getting better job
opportunities abroad. In most of the identified trafficking cases, women are often trafficked to
China for marriage. Aside from the poor socio-economic background, victims also come from
areas of conflict, where human rights abuses are prevalent. Up to 4 million Myanmar migrants
are working in Thailand.
International Labor Organization (ILO)
The International Labor Organization was founded in 1919 in order to “promote rights at
work, encourage decent employment opportunities, enhance social protection and strengthen
dialogue on work-related issues” (Mission and Impact of ILO).
The ILO created the Forced Labor Convention, 1930 (No.29) in order to prohibit “all
forms of forced or compulsory labor” (International Labor Standards). ILO works with countries
to set labor standards and study activities of any forced labor. To reduce forced labor or human
trafficking, the ILO encourages states to join and ratify the convention. Once the convention is
ratified, states must increase efforts to eradicate forced labor and human trafficking within their
states.
Furthermore, the ILO collaborates with countries that have high activities of human
trafficking; they help the member states to “develop a comprehensive response to forced labor”
(International Labor Standards).
United Nations International Children’s Emergency Fund (UNICEF)
UNICEF puts heavy emphasis on the rights of child. Children are easily exploitable by
traffickers as they are gullible. Child labor not only violates the United Nations Convention on
the Rights of the Child, but it also violates human rights.
To protect children’s rights and stop child labor, UNICEF focuses on providing
“alternative income to families, access to nurseries, quality education, and protective services”
(Child Labor). UNICEF also works with governments to ensure that the national laws that
protect workers’ rights are applied and to regulate the working conditions. UNICEF also works
with businesses to ensure that businesses respect children’s rights and support young workers.
United Nations Office On Drugs and Crime (UNODC)
Finding and punishing the migrant smugglers and human traffickers are challenges for
governments. UNODC functions based on the United Nations Convention on Transnational
Organized Crime and its protocols on trafficking in persons and migrant smuggling to combat
human trafficking and serve justice to the traffickers.
To fight trafficking globally, the European Union (EU) and UNODC have launched the
Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants
(GLO.ACT). With the collaboration of the UNICEF and International Organization for Migration
(IOM), this initiative will be implemented through 2019.
International Organization for Migration (IOM)
The International Organization for Migration plays a crucial role in creating a humane and
safe migration environment for the migrants. The IOM works with the global community in order
to “advance understanding of migration issues”, protect well-being of the migrants, “assist in
meeting the growing operational challenges of migration management”, and “encourage social
and economic development through migration” (Mission). To address the irregular migration and
support states and its migrants, the IOM uses research of the causes of irregular migration and
facilitates development-based solutions.
Timeline of Events
Date
Description of event
The International Labor Organization (ILO) is founded to develop worldwide standards
1919 and policies concerning work for men and women
Slavery Convention, which defines slavery as a “status or condition of a person over
whom any or all of the powers attaching to the right of ownership are exercised”, is
1926
passed by the League of Nations
The Universal Declaration of Human Rights is created by the U.N in order to ensure
1948 human rights and equality
The Convention for the Suppression of the Traffic in Persons and Exploitation of the
Prostitution of Others is formed by the U.N to protect the people from human
1949
trafficking
The Supplementary Convention on the Abolition of Slavery is created to regulate
1956 practices that involve any forms of enslavement
The ILO passes the Convention Against the Worst Forms of Child Labor in order to
1999 establish standards that protect children from forced labor
Protocol to Prevent, Suppress, and Punish Trafficking in Persons is passed by the U.N
2000 to set definition of trafficking in persons and impede the growing human trafficking
industry
The U.N adopts 17 Sustainable Development Goals in order to end slavery and
2015
address other global issues
Relevant UN Treaties and Events






Forced Labor Convention, 1930 (No. 29)
Convention for the Suppression of the Traffic in Persons and Exploitation of the
Prostitution of Others
Convention Against the Worst Forms of Child Labor
Protocol to Prevent, Suppress, and Punish Trafficking in Persons as part of the
Convention against Transnational Organized Crime
Special Rapporteur on Contemporary Forms of Slavery, 28 September 2007 (Resolution
6/14)
United Nations Global Plan of Action to Combat Trafficking in Persons, 12 August 2010
(Resolution 64/293)

United Nations Convention against Transnational Organized Crime, 8 January 2001
(A/55/383)
Previous Attempts to solve the Issue
Anti-trafficking efforts have been gaining momentum as the issue is gaining the attention
of the international community. United Nations organizations like the ILO has directed their
efforts towards stopping modern slavery through the Forced Labor Convention and Conventions
on the Worst Forms of Child Labor. Countries that are supporting it are required to work towards
reducing their human trafficking activities and prohibiting it.
Resolutions and conventions were created and passed by the UNGA to complement the
anti-trafficking solutions, however, non-governmental organizations (NGOs) such as UNICEF,
ILO, and UNODC have pragmatic solutions that are often supported and aided by the member
states of the U.N or other relevant organizations. The organizations also address the issue in
long and short term solutions because they recognize that there are multiple aspects of the
issue that needs to be tackled. The “Major Countries and Organization” section discusses these
efforts.
First of all, many victims of modern slavery are uneducated population. Some countries’
governments show little to no support of the education of the unemployed and uneducated
people or minority groups. Governments need to be more involved with educating the
uneducated by working with the respective NGOs and UNOs.
Second of all, the NGOs are the victims’ primary source of aid. The victims include men,
women, and children who have been freed or have escaped from traffickers. The NGOs are
effective at providing assistance to the victims, however, countries should be more involved to
support with additional resources.
Finally, reintegration is a process that is one of the main focuses of anti-trafficking NGOs.
Governments could facilitate the process by protecting victims’ identity, securing victims’
income, and responding to other needs of the victims. Modern slavery is a clear violation of
human and children’s rights. It is vital that the states commit to impeding revictimization and
reintegrating former victims or slaves.
Possible Solutions
As previously stated, the anti-trafficking NGOs have the expertise and resources to help
the victims of modern slavery. Countries should aid the efforts of these NGOs if necessary.
First, addressing modern slavery does not end with arresting the traffickers as the root
causes need to be tackled first. Uneducated and unemployed population from poor socioeconomic background only increase the risk of being victimized by the traffickers. Dependence
on stable income encourages people to accept the offer from traffickers despite knowing the
horrible conditions. It has become imperative for governments and institutions to provide
adequate access to education and training to increase the educated and employed population.
Education not only reduces the vulnerability of victimization, but it also helps people make
informed decisions about job offers.
Second, victims require trauma therapy and privacy for the well-being and recovery of
identity. Treating trauma and other psychological health problems is crucial for the integration of
the freed victims. Reintegration will not only recover victim's psychological health, but it will also
eliminate any chances of re-victimization and help rebuild identity.
Third, providing legal support is just as important as psychological therapy as it helps the
victims obtain compensation and justice. The legal support will also contribute to the prevention
of re-victimization.
Finally, businesses and governments can also collaborate to manufacture slavery-free
products, which will diminish the demand for cheap labor. The collaboration also allows
businesses and governments to ensure that working conditions are safe and that none of the
workers are below the minimum age for working.
Anti-trafficking efforts of governments and NGOs are important to stopping the vicious
cycle of slavery. Modern slavery is not inevitable, but it is solvable.
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Forum:
General Assembly 3
Issue:
Ensuring that all youth achieve literacy and numeracy
Student Officer: Nathalie IJdema
Position:
Chair
Introduction
Illiteracy and innumeracy are problems which affect almost every country in our nowadays world.
The inability to read and write and the inability to use mathematics in everyday life quickly leads to big
problems. People who are illiterate and innumerate are more likely to be poor, lack education, miss out
on opportunities to participate fully in society and the workforce. Their life choices are confined by the
fact that they are illiterate and innumerate.
Literacy empowers. You need to be literate and numerate to acquire freedom, and therefore
literacy and numeracy can be seen as fundamental human rights.
Since the imagination, ideals and energies of young people are vital for the continuing
development of the societies in which they live, ensuring that all youth achieve literacy and numeracy is
the key to sustainable development.
People being illiterate and innumerate is a current problem in our society and people from all
ages are affected. However, by making an effort all together, we can put an end to it, starting with our
youth.
Definition of Key Terms
Youth
Youth can be best understood as a period of transition from the dependence of childhood to
adulthood’s independence and awareness of our interdependence as members of a community.
Youth is a more fluid category than a fixed age-group.5
UNESCO uses different ages for youth, depending on the context. However, youth is often
defined by a person between the age when one is about to leave compulsory education and
pursue secondary education, and the age one will start working.
The United Nations defines this age group as all individuals between the age of 14 and the age of
24. All United Nations statistics are based on this definition of youth.
Literacy
Literacy is originally defined as ‘the ability to read and write’. However, literacy as a concept
turned out to be both complex and dynamic. Definitions of literacy shifted from a discrete set of
technical skills, to human resource skills for socio-economic development. Although this has not
yet been articulated in official national or international definitions, literacy is nowadays
understood as a contextual and societal transformation, instead of an individual transformation.
The term illiteracy is used for the inability to read and write.
Numeracy
Numeracy, and the competencies it comprises, complements literacy. Being numerate means
that one has the skills and confidence to use mathematical approaches and number in all life’s
aspects.
Youth Literacy Rate
The Youth Literacy Rate indicates the amount of youth being literate. It states the percentage of
people ages 15-24 who can both read and write with understanding a short simple statement
about their everyday life.6
Lifelong learning
Lifelong learning may be broadly defined as learning that is pursued throughout life: learning that
is flexible, diverse and available at different times and in different places. Lifelong learning
crosses sectors, promoting learning beyond traditional schooling and throughout adult life.7
5
http://www.unesco.org/new/en/social-and-human-sciences/themes/youth/youth-definition/
http://www.indexmundi.com/facts/mali/literacy-rate
7 http://www.llcq.org.au/01_cms/details.asp?ID=12
6
Millennium Development Goals
The Millennium Development Goals, abbreviated MDGs, are the eight international development
goals that were established by the United Nations in 2000 following the adoption of the United
Nations Millennium Declaration, which was adopted following the Millennium Summit the same
year. The MDGs focussed the efforts of the world community on achieving significant,
measurable improvements in people's lives by the year 2015.8
Background Information
There are many victims of illiteracy and innumeracy all over the world. In order to achieve higher
literacy and numeracy everywhere, we should start with the youth. The youth is our future generation,
and by educating the youth, these individuals will acquire knowledge and freedom, which will improve
global development.
Causes of illiteracy and innumeracy
A likely reason for low levels of literacy and numeracy is a lack of education. There is not a single
cause that a person cannot pursue education, it has many causes. A few of them are listed below.
Population growth
Population growth has influence on both the quality of education and the budget allocation
for each family. Families with more family members than the standard tend to stop earlier with
their education due to the shortcoming of money. They normally help in family matters and work
and they start to work early in order to assist the family in expenses.
This pattern continues because of the uncontrolled population rate. Various countries have plans
for extending free education, but this budget is not sufficient enough for the whole and extensive
need for education. This is mainly the case in developing countries.
Culture and mind-set about education
Some people deliberately forsake education out of the belief and principles that have
been inculcated to them by for instance parents, religion, and those around them.
Some even practice the notion that women still have to stay home, and only men can be
educated. Cultural background is a considerable factor in the latter. This happens in Arabic
countries, where women often do not have access to education.
8
http://www.munish.nl/pages/downloader?code=ec03&comcode=ec&year=2015
Since it is their own choice and out of their own principles to forego education, it is difficult to
force these persons to accept the importance of education and completing a course.
Geographical factors
There are secluded areas like mountains and other places which are hard to reach where
are people who want to pursue education, but their location limits them to have free access into
it. This is because limited infrastructure development and building new schools are not possible.
Lack of governmental funds
There are countries where specific budgets cannot be specifically divided. This could be
the case due to the fact that there are other factors to be considered in the area of concern, such
as infrastructure, health and social welfare.
Thereby, there are still developing countries that cannot sustain education because these
countries have a huge debt to the World Bank.
Students with disabilities
Another leading cause of illiteracy is the fact that the needs of disabled students are often
not met. A different kind of curriculum is needed and attention must be laid out for students with
disabilities. However, financial resources are often not sufficient enough to provide students with
a learning disability the education they need.
Students can also be demotivated because of the difficulties they have to cope with. This is
where children should be supported by their parents without making them feel inferior.
Preference to Work over Education
There are various reasons why one would rather work at an early age than pursue
education. The majority foregoes education because financial resources are lacking. But it’s
known that work without an education does not guarantee a stable job, so one needs to be
educated to progress.
Crisis
During the innumerable wars and crisis going on, educative centres and schools are
being destroyed. People have to flee from these situations and move somewhere else. This will
obstruct children from getting the education they need.
Poor implementation of educational programmes
Educational programmes are intended to improve the curriculum of schools in countries
where this is desperately needed. However, these programmes are often not supervised well
enough by the assigned government agencies, and there is a high ratio of programmes that are
unsupervised in most of the schools. Once more, this is monetarily related to the distribution of
funds, and to committed individuals who make sure policies will be followed.
It is beneficial for our young generation if the money on these programmes will not be wasted
because of a lack of overseeing it.
Poverty
Poverty is certainly the biggest root cause of illiteracy and innumeracy in this world.
Illiteracy and innumeracy are directly related to poverty and underdevelopment. Illiteracy stems
from poverty, while at the same time, poverty stems from illiteracy, which creates an infinite loop
of poverty and illiteracy.
According to the new global poverty line, which is updated to $1,90 a day by the World
Bank in 2015, just over 700 million people in this world live in extreme poverty. This is nearly 10%
of the world population.
With a meagre to no income, people living in extreme poverty cannot afford more than the first
necessities to stay alive. These do not include a proper education, because they simply do not
have the money to support their children to acquire high quality education. Thereby, a lack of
nutrition affects the ability of students to learn, because these children are susceptible to
diseases and are less able to concentrate in school.
Governments of countries that are suffering from extreme poverty lay their focus on poverty and
supposedly other major issues instead of focussing on education. This leads to the denial to
young generations of the fundamental right to education.
The last researches and results of UNESCO show that 20% of the young population in
developing countries does not finish primary school.
However, poverty is not just linked to developing countries. Socially disadvantaged
groups occur in every country, also in developed countries, such as but not limited to poor
denizens of a city, indigenous communities, disabled persons or aid orphans. These groups
cannot afford education because school costs are high and include a lot of secondary expenses,
such as books, transport and school uniforms.
People who live in the edge of the poverty line often have no choice to work in order to stay alive,
and are therefore unable to pursue education.
Consequences of illiteracy and innumeracy
Illiteracy and innumeracy have innumerable effects on individuals and consequently on society.
Illiteracy and innumeracy work as an inhibitor; the more illiterate people in a country, the more
development and improvement of nations will be slow down.
The consequences of illiteracy on individuals and society include the following:
For individuals
For individuals, being illiterate means that they cannot obtain essential information. This
makes it difficult to acquire freedom, because they lack the notion of the world around them,
which is an important asset. Illiteracy restricts people when choosing and determining what they
want to achieve in their lives in many ways.
Illiterate persons often end of with lower-quality jobs and lower incomes. They are 2-4 times more
likely to be unemployed than those with a Bachelor’s degree.
If people cannot make money by working, they will subsequently have less to nothing to spend
and have a precarious financial position, eventually resulting in poverty. Thereafter, the pattern of
illiteracy and innumeracy is being transmitted intergenerational, creating an illiterate and
innumerate posterity.
Illiterate individuals are also more vulnerable to be pregnant at an early age, commit crimes and
contribute to rapidly increasing the population rate by marrying early.
Illiteracy also has its impact on one’s health; illiterate persons take longer to recover from
sickness and more often misuse education, because they do not know how to use it properly.
Furthermore, it is even more difficult for those who are unable to read and write to catch up due
to the increasing dependency on technology.
Moreover, illiterates often have lower self-esteem, which can lead to isolation, caused by the
hostile and challenging facets of modern society.
For society
Society is affected by illiteracy through illiterate individuals. Literacy is essential for both
individuals and states in being competitive in the nowadays global knowledge economy. Due to a
lack of adequate personnel, many positions remain void.
The overall long-term GDP growth rate is slower when there is a higher percentage of a
population with low literacy proficiency.
Thereby, illiterates are less able to understand societal issues, which leads to a lower level of
participation in society and community involvement. This leads furthermore to the fact that they
cannot be involved fully in social and political discourse.
All consequences combined slow down development of a nation.
Youth Literacy Rate
The Youth Literacy Rate indicates the amount of youth being literate. It states the percentage of
people ages 15-24 who can both read and write with understanding a short simple statement about their
everyday life.
The Youth Literacy Rate worldwide is currently 90.6%, which means that almost 10% of all youth is still
not able to read and write. Percentages remain low in several countries, mostly in sub-Saharan Africa.
Highest rates are in Central Asia, with 100%, Central and Eastern Europe, with 99%, East Asia and the
Pacific, with 99%, and Latin America and the Caribbean, with 97%.
Source: UNESCO Institute for Statistics, June 2016
In 2011, Youth Literacy Rates were higher than adult literacy rates in all regions. This reflects
certain progress; more students among younger generations pursue primary and secondary education.
The biggest differences in literacy rate between youth and adult literacy occur in:

South and West Asia: adults 63% vs. youth 81%

The Arab States: adults 77% vs. youth 90%

Sub-Saharan Africa: adults 59% vs. youth 70%
In 2014, the global Youth Literacy Rate for young men is 93%, while the global Youth Literacy
Rate for young women is 89%. In Central Asia, East Asia, the Pacific, Central and Eastern Europe, the
Caribbean and Latin America had nearly identical rates for male and female. In the Arab states, with
male 93% vs. female 89%, South and West Asia, with male 87% vs. female 75%, and sub-Saharan
Africa, with male 76% vs. female 64%.
Sustainable Development Goal 4
On the 25th of September 2015, Member States adopted the Sustainable Development Goals
(SDGs), officially known as Transforming our world: the 2030 Agenda for Sustainable Development. This
is a set of seventeen global goals to end poverty, protect our planet, and ensure prosperity for all human
beings. These goals are contained in paragraph 54 United Nations Resolution A/RES/70/1, a broader
intergovernmental agreement that functions as the Post 2015 Development Agenda, of 25 September
2015. Each goal has specific targets which have to be achieved in 2030.
Goal 4 of the Sustainable Development Goals reads to:
‘Ensure inclusive and quality education for all and promote lifelong learning.’
This goal is later on specified with several targets on how to obtain education for all. One of the targets
focusses specifically on illiteracy and innumeracy:
‘By 2030, ensure that all youth and a substantial proportion of adults, both men and women, achieve
literacy and numeracy.’9
Major Countries and Organizations Involved
United Nations Educational, Scientific and Cultural Organization (UNESCO)
The United Nations Educational, Scientific and Cultural Organization has worked for over 65
years to ensure that literacy remains highly prioritized on the national and international agendas. The
organization endeavours a literate world for everyone. UNESCO tries to achieve this through its formal
9
http://www.un.org/sustainabledevelopment/education/
and non-formal literacy programmes worldwide.
The Education for All (EFA) movement is also led by UNESCO.
The United Nations Population Fund (UNFPA)
The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population
Activities, is a United Nations organization, which aims to “deliver a world where every pregnancy is
wanted, every childbirth is safe and every young person's potential is fulfilled."10
One of UNFPA’s aspirational goals is to empower young individuals with knowledge and skills to protect
themselves and make informed decisions. These skills include literacy and numeracy.
Furthermore, UNFPA collaborated with UNESCO on the Education for All movement.
The United Nations Children's Fund (UNICEF)
The United Nations Children's Fund (UNICEF) provides humanitarian and developmental
assistance to children and mothers in developing countries. UNICEF also monitors the situation of
children and women, which includes monitoring of Youth Literacy Rates.
UNICEF also worked together with UNESCO on the Education for All movement.
World Bank (WB)
The World Bank is an international financial institution that procures loans to developing countries
for programs. These programs can include literacy and numeracy programs.
The World Bank collaborated with UNESCO on the Education for All movement as well.
Countries with a low Youth Literacy Rate
In countries with the lowest Youth Literacy Rates, it is of most interest to achieve literacy and
numeracy. Most of these countries are situated in sub-Saharan Africa. The ten countries with the lowest
Youth Literacy Rates are listed below.
1. Niger, 27%
2. Central African Republic, 36%
3. South Sudan, 44%
4. Guinea, 45%
5. Mali, 49%
10
http://www.unfpa.org/about-us
6. Côte d'Ivoire, 50%
7. Burkina Faso, 53%
8. Benin, 53%
9. Chad, 53%
10. Liberia, 54%
Timeline of Events
Date
Description of event
18 September 2000
United Nations Millennium Declaration.
This declaration was established following the Millennium Summit. 189
member states signed the declaration in order to eradicate worldwide poverty.
2003-2012
United Nations Literacy Decade.
The United Nations Literacy Decade was an initiative of the United Nations to
provide an impetus for achieving the six Education for All (EFA) goals and
global literacy.
2015
Deadline of the Millennium Development Goals.
All member states and international organizations who signed the Millennium
Declaration were committed to achieve these eight international development
goals by the year 2015. However, not are Millennium Development Goals
were met.
25 September 2015
Sustainable Development Goals adopted.
Member States adopted the Sustainable Development Goals (SDGs), officially
known as Transforming our world: the 2030 Agenda for Sustainable
Development. This is a set of seventeen global goals to end poverty, protect
our planet, and ensure prosperity for all human beings.
2030
Deadline of the Sustainable Development Goals.
All 193 Member States, as well as global civil society, are committed to
achieve these goals by the year 2030.
Relevant UN Treaties and Events

World Programme of Action for Youth to the Year 2000 and Beyond, 14 December 1995
(A/RES/50/81)

United Nations Millennium Declaration, 18 September 2000 (A/RES/55/2)

United Nations Literacy Decade: Education for All, 19 December 2001 (A/RES/56/116)

United Nations Literacy Decade: Education for All, 11 February 2009 (A/RES/63/154)

Transforming our world: the 2030 Agenda for Sustainable Development, 21 October 2015
(A/RES/70/1)
Previous Attempts to solve the Issue
There have been innumerable attempts to achieve literacy and numeracy for all youth, both by
small groups and worldwide organizations. Three of the largest attempts to solve this issue include the
Millennium Development Goal of achieving universal primary education by 2015 and the Education for
All (EFA) Movement.
Millennium Development Goal of achieving universal primary education by 2015
The Millennium Development Goals (MDGs) were established following the Millennium Summit in
order to eradicate worldwide poverty. In September 2000, 189 member countries of the United Nations
signed and subsequently adopted the United Nations Millennium Declaration at the United Nations
Headquarters in New York. By signing this declaration, they committed to help achieve the eight
Millennium Goals.11 The second of the eight Millennium Development Goals reads to:
‘Achieving universal primary education.’
With target 2A: ‘Ensure that, by 2015, children everywhere, boys and girls alike, will be able to
complete a full course of primary schooling.’
Since children are the future youth, we will ensure, by ensuring that all children will complete a
full course of primary schooling, that all youth become literate and numerate.
11
http://www.munish.nl/pages/downloader?code=ec03&comcode=ec&year=2015
Although this goal is not completely achieved and significant challenges will remain, there has
been great progress in the last 15 years:
While the enrolment in primary education in developing countries was 80% in 1990 and 83% in 2000, it
reached 90% in 2012. The greatest improvements were made in the sub-Saharan region, where,
between 2000 and 2012, primary education enrolment increased by 18%.
Furthermore, the global Youth Literacy Rate grew from 83% to 89% between 2000 and 2015.
Education for All (EFA) Movement
The Education for All (EFA) movement is a global movement led by the United Nation
Educational, Scientific and Cultural Organization (UNESCO), which aims to provide quality education for
all children, youth and adults.
The six Education for All goals were set up at the World Education Forum which took place in
Dakar in 2000 in order to meet the learning needs of all children, youth and adults by 2015. The
Education for All goals are:

Goal 1: Expanding and improving comprehensive early childhood care and education,
especially for the most vulnerable and disadvantaged children.

Goal 2: Ensuring that by 2015 all children, particularly girls, children in difficult
circumstances and those belonging to ethnic minorities, have access to, and complete,
free and compulsory primary education of good quality.

Goal 3: Ensuring that the learning needs of all young people and adults are met through
equitable access to appropriate learning and life-skills programmes.

Goal 4: Achieving a 50 per cent improvement in levels of adult literacy by 2015, especially
for women, and equitable access to basic and continuing education for all adults.

Goal 5: Eliminating gender disparities in primary and secondary education by 2005, and
achieving gender equality in education by 2015, with a focus on ensuring girls’ full and
equal access to and achievement in basic education of good quality.

Goal 6: Improving all aspects of the quality of education and ensuring excellence of all so
that recognized and measurable learning outcomes are achieved by all, especially in
literacy, numeracy and essential life skills.12
12
http://www.unesco.org/new/en/education/themes/leading-the-international-agenda/education-for-all/efa-goals/
The Dakar Framework for Action, which was established at the World Education Forum in Dakar
in 2000, mandated UNESCO to coordinate governments, development agencies, civil society and the
private sector in working together to reach these goals, in cooperation with the United Nations
Development Programme (UNDP), United Nations Fund for Population Activities (UNFPA), United
Nations Children's Fund (UNICEF) and the World Bank.
However, not all of these goals are reached yet.
Possible Solutions
Since education is the most important tool to eradicate illiteracy and innumeracy among youth,
we should seek measures to ensure all children and all youth pursue an education.
Awareness
First of all, both parents and youth themselves should be aware of the advantages of being
literate and numerate, and most of all of the disadvantages of illiteracy and innumeracy.
This is especially necessary for larger families and individuals who forego education out of a certain
mind-set. Parents should be convinced not to act solely in interest of the whole family, but also allow all
of their children to develop themselves by sending them to school. And although difficult, individuals who
forego education out of their own beliefs should be convinced about the importance of a proper
education as well. Awareness could be raised by means as but not limited to media and publicity.
Note that it is quite difficult to reach the uneducated, and therefore illiterate and innumerate,
mass through newspapers, advertisements and other means for which one should be able to read.
Abolishing school fees
The costs of school fees are one of the major obstacles for parents to send their children to
school. By abolishing school fees, one of the biggest issues that keep children out of school will be
tackled, and access to education is eased. Subsequently, more children can go to school. And if more
children pursue education, more literacy and numeracy among youth will be achieved.
Tanzania is a good example: the country achieved near-universal primary education by
abolishing school fees. The nation’s policy aims to free families from any fees and contributions to
education for 11 years of education.
Alternative learning opportunities to vulnerable youth
Another leading cause of illiteracy is the fact that the needs of disabled students are often not
met. Therefore, a different kind of curriculum is needed and attention must be laid out for students with
disabilities. Schools for disabled children should be introduced.
Promoting non-formal and informal education
Non-formal learning does not necessarily have to be guided by a formal curriculum and is led by
a qualified teacher. Although non-formal education does not lead to an official degree, it builds skills and
capacities of individuals.
Informal learning does not have a formal curriculum and people also do not earn an official degree. The
teacher does not have to be qualified, it can simply be someone with more experience, like a parent or a
friend. A babysitter who teaches a child the alphabet is an example of informal education.
Through non-formal and informal education, children and youth can pursue a certain form of
education when there are no educational institutes in the area. This could be, for instance, in the case of
a crisis.
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26. United Nations. "#YouthStats: Education." Http://www.un.org/. United Nations, n.d. Web. 13 Dec.
2016.
http://www.un.org/youthenvoy/youth-statistics-education/
27. World Bank. "FAQs: Global Poverty Line Update." Http://www.worldbank.org/. World Bank, 30
Sept. 2015. Web. 13 Dec. 2016.
http://www.worldbank.org/en/topic/poverty/brief/global-poverty-line-faq
Forum:
General Assembly 3rd Committee
Issue:
Measures to protect the cultural identity of minorities
Student Officer: Harsh Rughani
Position:
Deputy Chair
Introduction
As the modern world continues developing and improving, we tend to adapt to new lifestyles.
However, when doing so, we tend to leave behind an important part our society: the cultural minorities.
Globalization has pushed us forward with our day to day lives but when doing so, it has also led to the
extinction of quite a few cultural minorities world-wide for example the Harla Group of Ethiopia and
Somalia or the Anaoul Yukaghir people of Russia.
The problem of loss of identity of minorities has been there for decades now. Many tribes,
indigenous people and cultures have faced this problem and struggle to maintain their place in society
for example, the Mchaga tribe in Tanzania. The Universal Declaration of Human Rights (UDHR) states
that “all human being are born free and equal in dignity and rights,” and therefore it is important to
preserve the identities of these minorities. They should not be considered as people with a lower status
or “natives” but rather as equal human beings.
Definition of Key Terms
Cultural Identity
A collective term used to identify a group of individuals in terms of a cultural or subcultural group
(including ethnicity, nationality, language, religion, and gender).
Minorities
A person who is part of a group or a group that is small in numbers compared to other groups
and people.
United Nations Universal Declaration on Cultural Diversity
“The Declaration aims both to preserve cultural diversity as a living, and thus renewable treasure,
that must not be perceived as being unchanging heritage but as a process guaranteeing the
survival of humanity; and to prevent segregation and fundamentalism which, in the name of
cultural differences, would sanctify those differences and so counter the message of the
Universal Declaration of Human Rights” (THE PROTECTION).
Convention on the Protection and Promotion of the Diversity of Cultural Expressions
“The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural
Expressions is a binding international legal instrument adopted by the UNESCO General
Conference on 20 October 2005, during the 33rd session of the UNESCO General
Conference held in Paris, France on 3–21 October 2005. The Convention compliments the
previously established provisions of UNESCO including the Universal Declaration on Cultural
Diversity of 2001. The Convention recognises the rights of Parties to take measures to protect
and promote the diversity of cultural expressions, and impose obligations at both domestic and
international levels on Parties" (Convention on the Protection).
Cultural Diversity
Cultural diversity is the existence of a wide range of cultural, ethnic, religious, national or
linguistic groups within a society.
Cultural Expressions
“Traditional cultural expressions (TCEs), also called "expressions of folklore", may include music,
dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms,
handicrafts and narratives, or many other artistic or cultural expressions.” ("Traditional Cultural").
Indigenous Tribe
Indigenous tribes are a group of people that have a historical connection with communities and
societies before globalisation and invasion and have developed on those territories e.g. the
Asháninka tribe from Peru.
Globalisation
Globalisation is the process by which the world is becoming increasingly interconnected as a
result of massively increased trade and cultural exchange.
Background Information
Minorities have been around for a very long time now (since 356 BCE with the development of
antisemitism). Unfortunately, the troubles that minorities have faced since then have only evolved (e.g.
the Lebanese Civil War). Therefore the importance of this issue has increased ever since.
“Although there are some 6 000 languages in the world, they do not have equal numbers of
speakers. Only 4% of languages are used by 96% of the world’s population; 50% of the world’s
languages are in danger of extinction; 90% of the world’s languages are not represented on the Internet.
About five countries monopolize the world’s cultural industries and trade. In the field of cinema, for
instance, 88 countries out of 185 in the world have never had their own film-production facilities” ("7
Cultural").
Minorities are a very controversial topic these days (e.g. how the recent US Presidential election
candidates have addressed minorities). Hence it is very important to approach this delicate issue with
utmost care. Taking the example of Mrs. Elena Golorava, a Roma in the Czech Republic, a mother of
two sons who was sterilized without her knowledge by the very doctor who delivered her second boy.
The reason behind this was that the Czechs did not want any more Roma children to be born. Now, Mrs.
Elena works with CERD (Committee on the Elimination of Racial Discrimination) as well as the UN to
ensure that no one else faces the same problem she did. This example is just one of the many whereby
people have had to give up their cultural identities or have undergone emotional, psychological and
physical pain or distress to keep their cultural identities.
Minorities have lots of information to share. It can be their survival skills or their beliefs and rituals
or even their folk tales or stories that could have been thousands of generations old. Archaeologists still
use this information, these folk tales, rituals, beliefs and stories as a means to evaluate discoveries
against different theories (i.e. the different methods of building structures by different ethnic groups
during the BC or AD period or marks and piercings found on skeletons used to identify them as a part of
a certain culture or group/tribe). Hence the protection of cultural minorities does not only have a place in
the social world but the scientific world as well.
Major Countries and Organizations Involved
Office of the United Nations High Commissioner for Human Rights (OHCHR)
The OHCHR is the principal UN organization mandated to promote and protect human rights
for all. It does this by targeting three main areas of development: standard setting, monitoring and
implementation on the ground. The OHCHR has done quite a bit to help improve the situation of cultural
identities of minorities. One of the major steps taken by the OHCHR is the “Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities” which was adopted by the
General Assembly on the 18th of December, 1992, resolution 47/135. The OHCHR works hand in hand
with governments, national and international NGOs and organisations, national institutions and civil
societies as well as UN sister bodies such as the United Nations High Commissioner for Refugees
(UNHCR), the United Nations Development Programme (UNDP), as well as the United Nations
Educational, Scientific and Cultural Organisation (UNICEF) to promote and mandate the aforementioned
declaration. The declaration itself puts forth suggestions to help improve the current conditions of
minorities for example, by stating that “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.” It also attempts to restore the rights that minorities have lost
by stating that “minorities have the right to participate effectively in decisions on the national and, where
appropriate, regional level concerning the minority to which they belong or the regions in which they live,
in a manner not incompatible with national legislation” and that “minorities have the right to establish and
maintain their own associations” (A/RES/47/135, 92nd plenary meeting). The declaration clearly identifies
the rights that are to be restored to minorities and also steps that can and have been taken to do so.
Organisation for Security and Co-operation in Europe (OSCE)
The OSCE is a security organisation developed with more than 57 participating states from Asia, North
America and Europe, which provides a platform to discuss pressing security issues and a stage to
implement actions based off discussions in the forum. “The organization uses a comprehensive
approach to security that encompasses the politico-military, economic and environmental, and human
dimensions. Through this approach, and with its inclusive membership, the OSCE helps bridge
differences and build trust between states by co-operating on conflict prevention, crisis management and
post-conflict rehabilitation” ("Who We Are-"). Participating states of the OSCE include Canada, Greece,
Bosnia and Herzegovina as well as Kyrgyzstan. Participating states of the OSCE are required to ensure
that everyone in the society has opportunities to participate in the economic, social and political life.
The OSCE activities are centered on:

Better integrating national and ethnic minorities into public life

Ethnic minority protection

Training (e.g. Training Course on Minority Issues for Serbian Officials in May 2005)

Reforming the education system

Enhancing equitable representation

Strengthening the use of minority languages

Curbing discrimination

Building confidence among communities

Fostering regional networks to build sustainable institutions for minority communities and to protect
their rights
The OSCE has also published the “Oslo Recommendations regarding the Linguistic Rights of National
Minorities.” This document provides guidelines for countries to implement as a means to reduce tensions
and conflicts on the topic of cultural minorities. The guidelines aim to stop the aforementioned through
the means of names, religion, community life and NGOs, the media, economic life, administrative
authorities and public services independent national institutions, the judicial authorities and deprivation of
liberty.
Brazil
Brazil is one of the largest and most populated countries in South America with a very diverse
population. Minority groups can be found in almost each corner of the nation. Due to the diversity at the
core and peripheries of the country, there have been many minorities that have been forgotten in the
less developed areas. The Portuguese colonized Brazil. Initially, there was peace between the
Portuguese and the indigenous tribes however, due to their eagerness to exploit the wood and sugar in
Brazil, conflict was instigated between the tribes as well as against the Portuguese. Such conflicts
arrived repetitively for over 500 years as other colonies such as France and the Netherland took
advantage of the tension between the tribes. Colonists also introduced diseases such as influenza and
small pox. All this resulted to a massacre of thousands of indigenous people just within the timespan of a
few decades. Previously, there existed up to a 1000 tribes in Brazil however this number has now shrunk
to 197. Some of these tribes include Yanomami, Tukano, Urueu-Wau-Wau and others. Brazil had
previously suffered from environmental issues that negatively affected the indigenous tribes. Activities
such as gold prospecting in the Amazon region led to the release of large amounts of mercury into the
environment. As a result, this posed a threat to the indigenous groups in the forest as mercury is
considered a health and safety hazard. However, Brazil has taken some action to help their
indigenous tribes. For example, in 2007 the Brazilian Socio-Economic-Environmental Institute began
coordinating the ‘Y Ikatu‘ or ‘Good water‘ campaign to save the headwaters of the Xingu River, which is
a major tributary of the Amazon. The campaign involves a combination of efforts and collaboration from
the indigenous peoples of the region, as well as NGOs and farmers. Unfortunately, the impacts of the
deforestation of the rainforest as well as forest fires has led to the drying up of tributaries
United States of America (USA)
“USA has been reluctant to make international commitments to internal minority rights. It has often
delayed ratifying UN accords for decades after signing them. Only in the early 1990s did the US finally
ratify the Torture Convention, the Convention on the Elimination of Racial Discrimination, and the
International Covenant on Civil and Political Rights. The USA is also party to the American Declaration
on the Rights of Man, which contains a general statement against discrimination.” (Zheng). Minority
groups in USA include Latinos, African Americans as well as Native Americans. There has been a lot of
tension between Americans and minorities in America. Minorities have often been thought to have a
relationship with terrorist groups as well (some religious groups believed to be associated with ISIS).
Minorities have also been segregated in terms of work and schooling in the past. Although the situation
now is not as extreme, it is important to consider that such environments and behaviors still do exist.
Timeline of Events
Date
10th December 1948
Description of event
Universal Declaration of Human Rights (UDHR) was adopted by the United
Nations General Assembly
International Convention on the Elimination of All Forms of Racial
21st December 1965
Discrimination. Adopted and opened for signature and ratification by General
Assembly resolution 2106 (XX)
16th December 1966
1979
18th December 1992
International Covenant on Economic, Social and Cultural Rights (ICESCR)
was adopted by the United Nations General Assembly
Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic
Minorities: Mr. Francesco Capotorti (E/CN.4/Sub.2/384/Rev.1)
Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities. (A/RES/47/135)
Commentary on the UN Declaration on the Rights of Persons Belonging to
2005
National or Ethnic, Religious and Linguistic Minorities, as a Commentary of the
Working Group as a whole (E/CN.4/Sub.2/AC.5/2005/2)
Rights of persons belonging to national or ethnic, religious and linguistic
5th July 2010
minorities Report of the United Nations High Commissioner for Human Rights
(A/HRC/FMI/2009/5)
Relevant UN Treaties and Events

International Covenant on Civil and Political Rights, 19th December 1966

UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Cultural
Minorities, 18th December 1992 (A/RES/47/135)

European Convention on Human Rights, 21st September 1970

International Covenant on Economic, Social and Cultural Rights (ICESCR), 3rd January 1976
(A/RES/21/2200)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD), 4th
January 1969 (A/RES/20/2106)

Framework Convention for the Protection of National Minorities, 10th November 1994

The Effective Participation of Persons Belonging to National Minorities in Cultural, Social and
Economic Life and in Public Affairs, 27th February 2008 (ACFC/31DOC(2008)001)

Recommendations of the second session of the Forum on Minority Issues on minorities and
effective political participation, 12th and 13th November 2009 (A/HRC/13/25)

Report of the independent expert on minority issues, 7th January 2010 (A/HRC/13/23)

“Genocide is threat to peace requiring strong, united action,” 11th February 2004 (United Nations
press release SG/SM/9126/Rev.1)

Minority Profile and Minority Matrix on the Human Rights Situation of Minorities, 2006
(E/CN.4/Sub.2/AC.5/2006/3)
Previous Attempts to solve the Issue
Previous treaties implemented by the OHCHR and the UN have attempted to preserve the cultural
identity of minorities and promoting equal rights. For example, the ICESCR (International Covenant on
Economic, Social and Cultural Rights) works towards ensuring that all people can exercise their
economic, social and cultural rights. The covenant has 164 parties as of 2015 and is yet to be ratified by
6 countries including USA. Also the UN Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Cultural Minorities has created a set of guidelines to help member states to ensure
that the cultural identities of minorities in their countries is preserved.
The United Nations Institute for Training and Research (UNITAR) initiated the UNITAR Programme in
Peacemaking and Preventive Diplomacy, now the Programme in Peacemaking and Conflict Prevention
in 1993 as a means to improve the effectiveness of the United Nations’ efforts in preventing and
resolving conflicts. The Peacemaking and Conflict Prevention (PMCP) Programme addresses a strategic
need within the UN System to deliver innovative training in negotiation and mediation, and to share the
latest knowledge, tools and experience for the prevention and resolution of conflict. Intensive training
programs are organized for mid and senior level officials within Member States, regional organizations
and the United Nations, and for the representatives of indigenous peoples. As a result, this allows
minorities to further develop their understanding on their rights.
The OHCHR has implemented multiple programs to help minority groups and spread awareness. One of
these programs includes fellowship program, specifically the Indigenous Fellowship Program and the
Minorities Fellowship Program. The aims of this program include giving indigenous men and women the
opportunity to learn about human rights in general, particularly indigenous rights. By doing so, the
knowledge gained by the participants can be shared with the rest of their communities and organizations
to spread awareness on the issue at hand and better protect and promote their rights. After undergoing
this program, the participant is capable of disseminating the information gained in an efficient and
effective manner. The Minorities Fellowship Program aims to do the same thing as the Indigenous
Fellowship Program however, focuses on minority rights and national or ethnic, religious and linguistic
minorities. The program has made quite a bit of progress especially considering that in 2007, the
program was also offered in Arabic.
The training programs organized by the OHCHR on follow-ups to human rights treaty body
recommendations are another one of the methods currently implemented to help improve the situation.
The OHCHR engages with NHRI’s, NGOs, national actors as well as national media representatives and
trains and guides them on how they could help with the implementation of a specific treaty and create a
network of organizations and actors who could possibly recommend on how the implementation process
could be improved. The training program serves as a framework for the establishment of national civil
society network groups to follow up the human rights treaty reporting process and sustain a constructive
national dialogue on issues related to the work of the human rights treaty bodies.
Possible Solutions
Holding workshops to educate the public and spread awareness of the importance of local cultures and
beliefs is important in order to level out the minority-majority tensions. It is important for the public to
understand that their community is incomplete without each other. The UN should work towards finding
ways to spread such awareness to a wide range of minority groups. Of course all efforts will prove futile
if the minorities themselves are not aware of their importance to the societies and the rights they can
exercise. The UNITAR fellowship programmes do aim to educate the minorities on their importance and
the rights that they have however they only engage with a small number of people that is supposed to
represent a specific tribe. There is no guarantee that any information gained in the seminars will be
passed on to the rest of the tribe. Therefore it would be beneficial if workshops and camps could be
organised by the UN to directly educate tribes on a large sale about their rights and their importance.
Other means to preserve the cultural identities of minorities is through the means of tourism. For
example, the Masaai tribe in Tanzania is known worldwide for their cultural heritage. People from all over
the world come to explore and learn about these cultures. Furthermore, these tribes and minorities have
a lot of knowledge about their surroundings and life skills, which can be shared with the tourists e.g. how
to start a fire without matches or how to climb trees without rope. As a result, tourism can be used as an
advantage and enhance the importance of indigenous tribes and cultures to the society. Along with
tourism, the establishment of museums which would showcase the history of a tribe or culture in that
particular region, along with their rituals and heritage would be a good way to preserve the cultural
identity of the minorities as well as spread awareness of them. Representatives from the minority groups
could also be employed as guides for the museum and make visits even more interactive. As a result,
this would also work hand in hand with the idea of tourism.
With modern technology and globalisation on the rise, it is important to consider the impact technology
could have in spreading awareness of cultural minorities and preserving their identities. For example,
Serbia and Wales (e.g. Welsh and English Media in Wales) have adapted a radio system for cultural
minorities as a means to avoid discriminating them from the rest of the population (The right to freedom
of ethnic expression encompasses the right to receive information in a minority language as well as nondiscriminatory access to media). This helps to avoid alienating minorities from the rest of the population.
In addition to that, it is not only radio stations that can be used but also television networks which airing
interviews with minorities and giving them the opportunity to talk about their cultures. They can also host
minorities on talk shows as a mean to spread awareness about culturing minorities and also preserve
their identities.
The importance of education has been increasing especially in developing countries. Integrating
cultural studies or cultural classes could be an effective way to spread awareness of these minorities.
Another method that can be used is allowing student from cultural minorities to share their stories with
the rest of their school, the struggles they faced and what they did to overcome them. Furthermore, the
initiation of student exchange programs with children or students who are part of a cultural minority can
ease the spread of awareness of the importance of these cultural minorities, their values, traditions and
the problems they face. Also first-hand experience will allow deepened understanding about the serious
matter at hand.
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Forum:
General Assembly 3rd Committee
Issue:
The Question of recovering art confiscated from Holocaust victims
during Second World War
Student Officer: Deborah Asegedew
Position:
Deputy Chair
Introduction
From the beginning of their rule in 1933 up until the end of World War II, the ruling Nazi party of
Germany organized a systematic campaign that stole and confiscated art from Jews and other minority
groups in Germany and other countries they occupied. This is often referred to as the “Nazi Plunder”, and
was carried out particularly by military units known as the Kunstschutz. Gold, Silver, Money, cultural items
of significance, books and paintings were amongst some of the things that were stolen. Although most of
the art that was stolen/confiscated was found by the Allied forces after the end of the war, the location of
a large number of precious art pieces still remains unknown and still hasn't been returned to their rightful
owners. In the decades following the Holocaust, the international community has put an effort to try and
identify Nazi plunder that still remains unaccounted for and many organizations have been set up with the
aim of relocating and eventually returning the items to the rightful owners or their heirs. The Third Reich
amassed hundreds of thousands of pieces of artwork and stored them throughout Germany and other
European countries. Other pieces labeled as "degenerate" were legally banned from entering Germany,
therefore leading Nazi Party officials such as Hermann Goering and Joseph Goebbels decided to liquidate
these assets abroad and passed the funds back for the Nazi war effort, and for their own personal gain.
The Nazi Plunder continues to have significance today, due to the vast sums of money and property stolen
and the location of many still remaining a mystery, including many pieces by world renown artists and
famous painters. Increasing efforts amongst individuals and governments previously exposed to looting
have also played a significant role in finding stolen pieces and returning them to their owners. Due to the
attention it is receiving, and the growing number of organizations dedicated to finding looted art, new
pieces and objects continue to be discovered every year.
Definition of Key Terms
Plunder
Steal goods from a place or person, typically using force and in a time of war or civil disorder
Nazi Plunder
Reference to art theft and other items stolen as a result of the organized looting of European
countries during the time of the Third Reich by agents acting on behalf of the ruling Nazi Party of
Germany.
Third Reich
The period from 1933 to 1945, alternative name for Nazi Germany.
Holocaust
1 Destruction or slaughter on a mass scale scale, especially caused by fire or nuclear war.
• (the Holocaust) the mass murder of Jews under the German Nazi regime during the period 1941–45.
More than 6 million European Jews, as well as members of other persecuted groups, such as gypsies
and homosexuals, were murdered at concentration camps such as Auschwitz
Decadence
Moral or cultural decline as characterized by excessive indulgence in pleasure or luxury
Looting
Goods, especially private property take from an enemy in war
Nazi
Abbreviation for the National Socialist German Workers’ Party
• The Nazi Party was formed in Munich after World War I. It advocated right-wing authoritarian nationalist
government and developed a racist ideology based on anti-Semitism and a belief in the superiority of
“Aryan” Germans. Its charismatic leader, Adolf Hitler, who was elected Chancellor in 1933, established a
totalitarian dictatorship, rearmed Germany in support of expansionist foreign policies in central Europe,
and thus precipitated World War II. The Nazi Party collapsed at the end of the war and was outlawed in
Germany.
Degenerate
Having lost the physical, mental, or moral qualities considered normal and desirable; showing
evidence of decline
Conservative
Holding to traditional attitudes and values and cautious about change or innovation, typically in
relation to politics or religion.
Art
The expression or application of human creative skill and imagination, typically in a visual form
such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional
power.
Confiscate
To take or seize (someone's property) with authority, take (a possession, especially land) as a
penalty and give it to the public treasury.
Anti Semitism
Hostility to or prejudice against Jews.
Allied forces
The Allies of World War II were the countries that together opposed the Axis powers during the
Second World War (1939–1945). The Allies promoted the alliance as seeking to stop German, Japanese
and Italian aggression.
Kunstschutz (Art protection)
The German term for the principle of preserving cultural heritage and artworks during armed
conflict, especially during the First World War and Second World War, with the stated aim of protecting
the enemy's art and returning after the end of hostilities.
Background Information
Nazi ideology
The Nazi’s have always been very conservative, and frequently condemned the flourish of art
during the rule of the liberal Weimar government before them. Hitler attacked modern art as degenerate
in his book Mein Kampf, and considered himself a specialist in the arts, although he himself was an
unsuccessful artist and was denied acceptance when he applied to the Vienna academy of Fine arts.
The type of art that was celebrated by the Nazi’s were classical paintings of Aryan families or paintings
showing the strength of the army. These were often used as propaganda. Cubism, Futurism and
Dadaism were all looked down on as decadent twentieth century art. Art that wasn’t classical or used for
propaganda was either sold or destroyed by the Third Reich. Degenerate art was banned by the Nazis
from entering Germany. After Hitler became Chancellor in 1933, he made plans to transform his home
city of Linz, Austria into the Third Reich's capital city for the arts. Hitler had designs and hired architects
to build several galleries and museums, which would collectively be known as the Führermuseum. Hitler
wanted to fill his museum with the greatest art treasures in the world, and believed that most of the
world's finest art belonged to Germany after having been looted during the Napoleonic and First World
war.
Sale of confiscated art from German museums
Nazi officials took advantage of the Plunder and increased their own personal art collections.
Shops were set up outside Berlin where the art removed from German museums was sold. Since the art
was mocked and condemned by leading Nazi dignitaries, it did not have much appeal to Germans,
however, art lovers from Switzerland and the USA purchased them, and some of these were sold to
foreigners by the Nazi officials for personal gain. A shop was set up in Schloss Niederschonhausen, just
outside Berlin, by art dealers Hildebrand Gurlitt, Karl Buchholz, Ferdinand Moeller and Bernhard
Boehmer, with the aim of selling around 16,000 paintings and sculptures that had been removed from
German Museums by Hitler. They were first put on display in the Haus der Kunst in Munich on 19 July
1937, and the Nazi leaders invited the two million visitors who came to view the Degenerate art
exhibition to mock the condemned modern art put on display. Propaganda Minister Joseph Goebbels
labeled Germany's degenerate artists as “garbage" in a radio broadcast, and Hitler opened the Haus der
Kunst exhibition with a speech, where he described German art as suffering "a great and fatal illness”.
These criticisms, however had serious repercussions for Gurlitt and his colleagues, since the art they
sold had very little appeal to Germans, and therefore their sales were low. Therefore, in March 1939,
they set fire to over 4500 paintings, watercolors, sculptures and drawings in the courtyard of the Berlin
Fire Department, imitating the infamous book burnings the Nazi’s held in previous years. The
propaganda act raised the attention they hoped, and shocked art lovers from different countries came to
buy. One example is The Basel Museum in Switzerland which arrived to Germany with 50,000 Swiss
francs to spend. What still remains unknown however, is how many paintings were kept by Gurlitt,
Buchholz, Moeller and Boehmer after these sales were made and how much was sold by them to
Switzerland and America for personal gain.
Systemic looting
The Nazis had organizations that systematically plundered every territory they occupied and
determined how valuable the objects were to the Nazi regime. The art captured either went to Hitler’s
museum or to high ranking Nazi officials. In 1940, an organization known as the Einsatzstab Reichsleiter
Rosenberg für die Besetzten Gebiete (The Reichsleiter Rosenberg Institute for the Occupied Territories),
or ERR, commanded by Alfred Rosenberg, was formed and it’s first operating unit was in Paris.
However, late in 1940, Hermann Göring, issued an order that effectively changed the mission of the
ERR, giving it authority to seize "Jewish" art collections and other objects. The war loot had to be
collected at the Museum Jeu de Paumea in central Paris. Here, art historians and other personnel
recorded the loot before sending it to Germany. Göring also commanded that the loot would first be
divided between Hitler and himself. Hitler later ordered that all confiscated works of art were to be made
directly available to him. Under Rosenberg and Göring's leadership, the ERR captured 21,903 art objects
from German-occupied countries. Other Nazi looting organizations included the Sonderauftrag Linz, led
by the art historian Hans Posse, and focused particularly on collecting items for the Führermuseum.
Another organization was the Dienststelle Mühlmann, which Göring controlled, .and operated primarily in
the Netherlands, Belgium, and a Sonderkommando Kuensberg connected to the minister of foreign
affairs Joachim von Ribbentrop, which operated first in France, then in Russia and North Africa. “The
Von Ribbentrop Battalion” was the name given to the men who advanced with the German troops in
Western Europe. They entered private and institutional libraries removing any material of interest to the
Nazis, especially items of scientific, technical or other informational value. Art collections from prominent
Jewish families, were the targets of confiscations because of their significant value. Both Jewish and
non-Jewish art dealers sold art to German organizations - often under threats of violence. Therefore, by
1945, the Third Reich amassed hundreds of thousands of cultural objects.
Looting in Eastern Europe
“In their search for 'research materials' ERR teams visited 375 archival institutions, 402
museums, 531 institutes, and 957 libraries in Eastern Europe alone.” 427 museums were
damaged in the Soviet Union, and 173 were plundered by the Nazis, with hundreds of
thousands of looted objects. As of 2008, lost artworks of 14 museums and various libraries,
were catalogued in 15 volumes, all of which were made available online. They contain detailed
information on 1,148,908 items of lost artwork. The total number of lost items is unknown so
far, because cataloguing work for other damaged Russian museums is ongoing. Thousands of
art objects were also looted from Poland and 25 museums were destroyed. The total cost of
Nazi theft and destruction of Polish art is estimated at around 20 billion dollars, and includes
11,000 paintings, 1400 sculptures and 90,000 books. There are still many looted objects from
Poland in Germany and unsuccessful negations have been going on for years between these
countries regarding the return of these looted objects.
Storage of looted items
At first the Nazis stored all of their stolen objects at their headquarters in Munich and at the
Museum Jeu de Paume in Paris. Following the Allies advances and the beginning of bombing raids on
German cities Germany “began storing the artworks in salt mines and caves for protection from Allied
bombing raids.” These mines and caves had the appropriate weather conditions necessary for the
artwork being stored.
Effects of Nazi looting today
Today, over 100,000 items, including both valuable art pieces and everyday objects such as china
and silver haven't been returned to their rightful owners. Around 20% of the art looted in Europe was
carried out by the Nazi’s, including many historical objects and items of cultural significance. This creates
a big issue for the art market today, since legal organizations do not want to deal in objects that have
unclear ownership titles. Following the attention Nazi looting received in recent years due to more
accessible information and advances in technology, many organizations have been more careful with the
items they deal with and have been stricter with checking its origin in case the objects are looted.
However, critics argue that this process is very time-consuming, expensive and findings of looted items
in public collections have been rare.
Major Countries and Organizations Involved
Germany
It was Germany’s ruling Nazi Party that organized and carried out this systemic looting and
Plunder both domestically and in occupied countries throughout Europe. Efforts by German politicians to
relocate these objects have been controversial, and they have been sued in the past for giving away
paintings too willingly. The the German law for restitution applies to "cultural assets lost as a result of
Nazi persecution, "which includes paintings that Jews who emigrated from Germany sold to support
themselves.” Therefore, since pretty much any trade involving Jews in that era is affected, and the
benefit of the doubt is bound to be given to given to petitioners.
Einsatzstab Reichsleiter Rosenberg fur die Besetzten Gebiete
Einsatzstab Reichsleiter Rosenberg fur die Besetzten Gebiete, more commonly known as the
ERR, and were a special organization under the Nazis that were in charge of confiscating art and other
objects. It was led by the chief Nazi party official, Alfred Rosenberg. Between 1940 and 1945, the ERR
operated in France, the Benelux countries, Poland, the Baltic States, Greece, Italy and on the territory of
the Soviet Union
Monuments, Fine Arts, and Archives programme
This was Established in 1943 by the Allied forces to help preserve cultural objects affected by
World War II. The group consisted of around 400 service members and worked closely with the military
to protect cultural and historical items from damage during World War II, and after the war ended,
worked to find and return looted or stolen objects back to their rightful owners. Agents recovered most of
the lost/stolen art during this time.
United States of America
There are hundreds of art pieces whose origins are unknown in American museums, and they
were investigated to see if they were stolen by the Nazis. The Association of Art Museum developed
regulations which require museums to research about the origins of their art collections. The National
Gallery of Art in Washington identified more than 400 European paintings with gaps in their provenance
during World War II era. Under the direction of the U.S. Army, nearly 700,000 pieces were identified and
restituted to the countries from which they were taken, whose governments were then supposed to
locate the original owners and return the art.
Soviet Union
The Soviet State Extraordinary Commission for Ascertaining and Investigating the Crimes
Committed by the German-Fascist Invaders and Their Accomplices was formed in 1942. The Soviet
Union was one of the most looed countries in Eastern Europe and efforts to recover the property stolen
by the Nazis was continued by the Russian Federation after the USSR collapsed.
Timeline of Events
July 19th 1937
Art removed from German museums first put on display
March 29th 1939
Public burning of art by Hildebrand Gurlitt and his colleagues to raise attention
and attract buyers from outside Germany
July 5th 1940
Adolf Hitler Authorizes the ERR to confiscate art amongst other objects
Sept 2nd 1945
End of World War II
June 23rd 1943
Formation of the Monuments, Fine Arts, and Archives program
June 30th 1998
Joint Pledge signed between 39 countries to identify art stolen from Holocaust
victims and compensate their heirs.
Nov 30th 1998
Beginning of Conference hosted by The U.S. Department of State alongside
the U.S. Holocaust Memorial Museum
Previous Attempts to solve the Issue
Organizations such as The Monuments, Fine Arts and Archives, Project Heart, the World Jewish
Restitution Organization, and the Claims Conference have been set up. A committee was set up in 2013
and researched the art collections of the Dutch Royal family until 2015. One painting was found to have
been an object stolen by the Nazis from a Jewish collector. The family plans on returning the painting to
the heirs of the original owner. The Canadian Government set up the Holocaust-era Provenance
Research and Best-Practice Guidelines Project. The art collection of 6 galleries are being Investigated.
The Association of Art Museum developed regulations which require museums to research about the
origins of their art collections. In November 1998, the U.S. Department of State and the U.S. Holocaust
Memorial Museum co-hosted the Washington Conference on Holocaust-Era Assets in which delegations
from forty-four governments and thirteen non-governmental organizations participated. The focus of the
conference was on looted art. In January 2006, a court ruling stated that Austria must return five
paintings by world renowned artist Gustav Klimt to the heirs of a Jewish family from whom the paintings
were stolen when Austria was occupied by the Nazis. The paintings had been kept and displayed in the
Belvedere castle gallery in Vienna for decades.
In November 2013, German authorities announced the discovery of a trove of about 1,500 artworks
confiscated by the Nazis. The art was discovered nearly two years earlier in a Munich apartment
belonging to the son of Hildebrand Gurlitt.
Possible Solutions
Some of the solutions that may be proposed in order to reinstate art stolen from Holocaust victims
can be an improvement in negotiations and better cooperation between Germany and other
organisations who investigate and recollect art, and between Germany and other countries previously
occupied by Germany and exposed to looting. Laws which require galleries and museums to have an
accurate background of the objects being transferred can be passed. If there are gaps between years
where no information of the object is available, and especially if the gaps are in the years of the Second
World War, then the object must undergo research.
Governments can increase public awareness of the issue, and encourage people to
donate/volunteer to find looted art. They can also offer rewards and recognition to individuals or
organizations who successfully manage to find the origins of objects and return them to their rightful
owners.
“In order to ensure that all art makes it's way back to the rightful owners, as a part of the report the
Claims Conference and the WJRO suggested that an "International Association of Provenance
Researchers" be formed in order to assist museums in evaluating their collections and making certain
that no stolen art is included. The implementation of this association will allow standards to be created
for stolen art evaluation, provide assistance and training for art professionals, and generally provide
another avenue for effective communication and cooperation between museum staff around the world.”
Bibliography
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Law School, n.d. Web. 15 Nov. 2016. http://www.law.harvard.edu/faculty/martin/art_law/war.htm
Carvajal, Doreen, and Alison Smale. "Nazi Art Loot Returned ... to Nazis." The New York Times, 15 July
2016. Web. 15 Nov. 2016. http://mobile.nytimes.com/2016/07/16/arts/design/nazi-art-loot-returned-tonazis.html
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http://www.spiegel.de/international/0,1518,449556,00.html
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Von Raub- Und Beutekunst. N.p., n.d. Web. 11 Dec. 2016.
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"Art and Judaica Looted by Nazis from Jews Still Largely Unidentified; Review of 50 Countries Shows
Little Progress Despite International Pacts - Claims Conference." Claims Conference. N.p., 07 Dec.
2016. Web. 11 Dec. 2016. http://www.claimscon.org/2014/09/looted-art-update/
Forum:
General Assembly 4th Committee
Issue:
The question of Transnistria
Student Officer: Dafni Paraschi
Position:
Deputy Chair
Introduction
Transnistria – also referred to as Trans-Diester- is a piece of land located
between the river Dniester and the western Ukrainian border. Transnistria
proclaimed its independence as a republic from Moldova in the early 1990s; a
status that however has not been recognised by any United Nations(UN)
member state. Moreover, Transnistria is populated by about 476,000 people of
whom the majority are Russian speakers and are of Slavic nationality.
However, language is a largely controversial issue within Transnistria, since
Moldovan is the mother tongue of about 40% of the population. With regard to
religion, the Eastern Orthodox Christianity is the one followed by 91% percent
of the population with the rest adhering to Roman Catholicism.
Regional map depicting
Transnistrian ground.
The territory is most often characterized as one of the post-Soviet “frozen conflicts” with due reason.
Intertwined with the Russian Empire since 1792 and the Soviet Union after that, Transnistria became
part of the Republic of Moldova, following the latter’s unilateral declaration of independence from the
Soviet Union in 1991. Growing tensions between the pro-Russian people in the region of Transnistria
and the governing pro-Romanian ethnic nationalist party, led to armed conflict between the two and an
unilateral declaration of independence on the part of Transnistria under the name “Pridnestrovian
Moldavian Soviet Socialist Republic”. Ever since, the situation has been on and off up to today with main
highlights being the 1992 Transnistrian conflict and the following ceasefire which although seemed
controversial at first, was long-lasting.
On that note, when one talks about the Transnistrian conflict there are many issues to be considered,
such as military presence in the area since 1992, as well as the economic issue arising from illegal
activities occurring within Transnistria. Considering Russia’s recent pattern of renewed aggression – as
seen in the case of Crimea, the question of Transnistria and how this can be resolved has become once
again one of paramount importance and interest, that has to be approached in a multifaceted nature.
Definition of Key Terms
De facto sovereign state
As defined by the Cambridge Dictionary, de facto refers to real existence that is either not intended, legal
or accepted. Within politics, de facto is used in sharp contrast to the de jure, refereeing to an existence
that is deemed rightful by law. The term de facto independence is highly relevant in the case of
Transnistria, since the country is in reality independent, having its own government and constitution, but
lacking the relevant legal status internationally.
Separatism
Simply, separatism is the faith in the act or movement of separation. Consecutively, separation is the
procedure of distinction between two united entities. Politically, separatism refers to movements of
people who wish to secede from a greater state.
Frozen conflict
A frozen conflict is one which has reached a stalemate for many years, with no resolution being possible
in the near future. Although the actual conflict might have come to an end and fighting have elapsed,
there have not been any treaties or frameworks setting the peace terms in a manner that is deemed
satisfactory by the opposing sides.
Republic
A republic is characterized by two main things. First of all, it usually has a leader of the state that does
not have the characteristics of a monarch and who most probably, has the characteristics of a president.
Secondly, a republic government is one that is elected, comprised of individuals eligible to vote as
elected officers and bound to follow the law and serve the public.
Background Information
The background of the conflict
The question of Transnistria is one that strongly involves three parties: Transnistria, Moldova and
Russia. Thus, briefly looking into the reasons behind this connection is imperative for understanding the
question of Transnistria and its contemporary importance. Transnistria was incorporated into the Russian
Empire in 1792, whilst the remaining part of present-day Moldova was incorporated in the 19th century,
after the Ottoman Empire ceded it to Russia. Following the 1917 Russian Revolution, Moldova
voluntarily came under the Kingdom of Romania. Challenging this incorporation, in 1924 the Soviet
Union set up the Moldavian Autonomous Soviet Socialist Republic (MASSR), which comprised of
Transnistria and a large part of Ukraine. MASSR survived until 1940 and served as a means of influence
for the Soviet Union across the Dniester and into Bessarabia, the former Russian province that joined
Romania. On the grounds of the Molotov-Ribbentrop Non-Aggression Pact between Hitler and Stalin,
Stalin invaded Romania and consequently, forced it to cede Bessarabia to the Soviet Union on June
26th 1940. The merging of Transnistria and Bessarabia created the Moldavian Soviet Socialist Republic
(MSSR), which remained under the Soviet Union until its dissolution in 1991. On August 27th 1991,
Moldova followed the example of Ukraine and unilaterally declared its independence from the Soviet
Union, placing Transnistria under its full control.
History of Transnistrian creation
As mentioned above, Transnistria announced its secession from Moldova in the early 1990s, as a result
of growing hostility between the two parties and a Moldovan nationalist policy that demoted the status of
the Russian language and promoted the Moldovan-Romanian culture. Although hostility was increasing
steadily in the early 1990s, open war between the two states only occurred after the winter of 1992.
That being said, the situation started boiling up between Moldova and the region of Transnistria when
the Russian-speaking population in 1990, after a series of events such as the opening of borders
between Romania and Moldova, started believing that Moldova and Romania would be reunified again. If
that were to be the case, it is most likely that the Russian-speaking population would be discriminated- or
even ousted- from participating in civic life procedures. As a result of this, there were protests held all
over the region. However, the limited conflict only began on the 2nd of November of 1990 when Moldovan
forces decided to cross into Dubăsari with the attempt of separating the Transnistrian region into two
separate halves. The movement was short-lived, since Transnistrian inhabitants had decided to form a
roadblock in the Dniester Bridge which then led the Moldovan forces to open fire in order to get through.
This marked the first casualties of the Transnistrian conflict, with three civilians shot fatally.
The situation came to a halt up until 1991 when there was a second Moldovan attempt by the forces to
cross the Dniester bridge, only this time the attempt resulted in the killing of four Moldovan troops and
the imprisonment of 27 Transnistrian troops, marking it as the second failed Moldovan attempt to enter
the region. Once again, the conflict reached a stalemate up until the 2nd of March 1992, when Moldova
was recognized as an official state by the United Nations, which meant that Transnistria was also a part
of it and not recognized by the UN. On the same day, Moldova launched a military campaign aiming ta
the suppression of separatists in Transnistria, which prompted volunteers from Russia and Ukraine to
help the separatists, and open war began between Moldova and Transnistria. Spring of 1992 was
characterized by increasingly intense fighting, with the fighting taking place in three regions surrounding
the Dniester river, namely the areas ofCocieri-Dubăsari, Coșnița and Bender, where Moldovan forces
destroyed three Russian tanks fighting along the separatists. The entire situation prompted a heavy
reaction by Russia, as see in the deployment of the 14th Guards army, who fought in favour of the
separatist movement and overwhelmed the Moldovans outside Bender.The conflict left about a thousand
people dead and three thousand wounded as well as a thousands of internally-displaced-people.
Moreover, the Moldovan side has been accused of committing many human rights abuses such as
opening fire within residential areas and in backyards of houses as well as firing Russian ambulance
cars carrying wounded people.
On the 21st of July, a ceasefire agreement was
reached between Moldova, Russia and
Transnistria with the Russian and Moldovan
president actively taking part in the
communication process. The measures taken
within the agreement were the creation of the
Joint Control Commission (JCC) in which
Moldova, Transnistria and Russia were to
participate through overseeing if the ceasefire
were kept. Moreover, the agreement set a
“security zone” along the Dniester river (as can
be seen in the picture to the left) which would be
Map depicting the demilitarized zone in
Transnistria
demilitarized and would separate the two sides.
This ceasefire has been maintained up until
today, however, the tension between the two sides is not completely resolved.
Post-War Transnistria
Post-War Transnistria is characterized as a self-proclaimed republic meaning that it has its own current
President and government. It also has a cabinet of ministers which is headed by the Prime Minister.
Transnistria also has its own constitution which has paved the way for many referendums. The most
recent and notable one was the one held on September 2006 which asked voters to decide whether they
were in favour of Transnistria’s road to independence and its free association with Russia or whether
they would prefer renouncing the procedures and becoming part of Moldova. The results of the vote
favoured the former with a percentage of 78.1%, which is of course much greater than the simple
majority needed to make the referendum “valid” with regard to the Transnistrian legislation.
As regards the economy, Transnistria has its own currency, the Transnistrian Ruble. Transnistria’s
economy is a largely privatized one comprising of mostly private industries with its strong factors being
steel, electricity and textile production. After 2013, Transnistria’s economy has only been getting worse,
affecting the residents negatively. This is largely due to the fact that Russia stopped providing economic
aid to Transnistriawhich was used by the government to cover pensions.
However, the largest issue with Transnistria’s economy is its, as described by a former President,
Transnistria’s purpose as a safe haven for “international mafia”. As has been reported by diplomats and
politicians, Transnistria’s ruling elite has been largely taking part in illegal activities which harm the
country’s economy. More specifically, Transnistria served both as the base as well as the trader of a
number of demerit goods, such as alcohol which had been stripped off of taxation, drugs and most
commonly, armaments. This largely occurs for the reason that although Moldova has imposed VAT on
most of its products, Transnistria has not, thus giving an incentive for illegal trading. More often than not,
traders would get through Moldova with official papers and then cross into Transnistria to sell their
products, such as gasoline and arms, without added tax and in this way gaining a higher profit.
Major Countries and Organizations Involved
Russia
After the two opposing sides, Russia is the country most involved in the issue of Transnistria. Her
involvement is multifaceted and is of great controversy within the international community.
Primarily, Russia was involved in the Transnistrian conflict and has maintained military presence within
Transnistria since then. Although at the beginning of the open war Russia’s official stance was one of
neutrality, many Transnistrian inhabitants were Russian-speakers and later found sympathy amongst
Russian soldiers and officers, specifically of the 14th Russian Guards Army. With that being stated, a
great amount of arms was given to the Transnistrian forces as well as many Russians from the 14th Army
physically joined Transnistrians in the fighting. Additionally, their military presence continued even after
the fighting in the sense that, since they were part of the JCC, they had to be there to supervise the
implementation of the ceasefire. This presence continues today with the international community
questioning the aspirations that this presence has over the region. In 2008 the Parliamentary Assembly
of the NATO passed resolution 371 which in one of its sub clauses urged Russia to "respect its
commitments which were taken at the Istanbul OSCE Summit in 1999 and withdraw its illegal military
presence from the Transnistrian region of Moldova in the nearest future"13. Although Russia has
announced that she will be retrieving their troops from the area, only a small number of troops have been
deported and a large number – approximately 1,000 troops- remains in the Transnistrian region to date.
The reason as to why the presence of Russia is so controversial amongst the international community
lies with the fear that Russia’s aspiration wishes to use Transnistria as a bridge to Kiev. In other words, it
is of popular opinion that Russia’s aim is to annex Transnistria into its greater Federation, an option
hugely supported by Transnistrians which would ultimately, give it an easy stepped passage to Ukraine.
Other means of Russia’s involvement include the economic aid Russia has provided to Transnistria,
namely through the provision of money which have been used by the government to support many basic
economic aspects such as the fulfillment of wages and the funding of policies. However, Russia’s
economic aid to Transnistria has been cut off since 2013, a move which plummeted many Transnistrians
into poverty due to the fact that the government couldn’t find enough resources to support pensions after
the elimination of the economic aid.
OSCE (Organization for Security and Co-operation in Europe)
The Organization for Security and Co-operation in Europe (OSCE) has mediated talks between the two
sides since 1997 and continues to facilitate them, as well as provide further aid through measures such
as missions. As aforementioned, the first attempt at resolving the issue was in 1997 with the Primakov
Memorandum which is an agreement supporting the “settlement” between the two sides. It would be fair
for one to argue that the most notable clause is the last clause which asks for any relations between the
opposing sides to take place under the umbrella of a common state, a state which would be limited
within the borders of Moldova. However, due to the fact that the two sides interpreted the memorandum
differently, the conflict was not settled and thus, more negotiations were held.
Moreover, the OSCE has hosted the so called “5+2” talks since 2005. The talks are called 5+2 because
they consist of the four most involved countries on the issue, namely Transnistria, Moldova, Russia,
Ukraine, and the OSCE as well as two observers which are the United States of America (USA) and the
13http://www.nato-pa.int/Default.asp?SHORTCUT=1652
European Union. The talks follow one of the OSCE’s main objectives which is the resolution and
prevention of conflict. It is in this regard that the negotiations are held, so as to create amiable relations
between the nations. According to the OSCE website, the negotiators of the 5+2 talks meet
systematically with the aim of discussing the living of residents on both sides of the Dniester River,
specifically “freedom of movement, education, telecommunications, economy, transport, environment
and matters related to the security zone”.
The OSCE has also organized a Mission to Moldova which will be further discussed throughout the
“Previous attempts to solve the Issue” section.
Timeline of Events
Date
1940
1989
Description of event
Moldovan Socialist Republic, comprised of two regions; the post-Romanian
occupied Bessarabia region and the Dniester region is created
Law which recognizes Moldovan as an official language in the region, thus
creating a large number of protests from soon-to-be Transnistrians, is passed.
March 1990
Transnistria announces its secession from Moldova
2nd of November 1990
Moldovan forces try to pass into Transnistria through the Dniester Bridge,
resulting in three people fatally shot
1991
1992
Second attempt by Moldovan forces to cross into Transnistria which this time
ends with 4 Moldovan troops imprisoned and 27 Transnistrian troops killed
14th Army’s military presence begins
2nd of March 1992
Moldova gets recognized by the UN and open war between the two sides begins
21st of July 1992
Ceasefire agreement is passed, marking the beginning of the JCC
December 1995
Transnistria passes its own constitution
1997
Primakov Memorandum comes into effect, wishing to set a framework under
which Transnistria and Moldova can work
OSCE Mission to Moldova comes into force
1999
5+2 talks begin taking place
2005
NATO resolution 371 is passed, urging Russia to withdraw its military troops
2008
2013
Russia’s economic aid to Transnistria falls
Relevant UN Treaties and Events
Moldova Foreign Affairs minister’s speech on the 68th session of the UN’s General Assembly
regarding Transnistria
In the 68th session of the UN’s General Assembly, the Minister on Foreign Affairs and European
Integration of Moldova delivered a speech with regard to facing global crises and threats to peace and
security. Furthermore, he addressed the issue of “frozen conflicts”, such as the one in Transnistria, and
said that they are reasons for lack of stability and that theyare a challenge for both regional as well as
international security. He urged the United Nations to use more direct means when trying to handle a
crisis and consecutively, the humanitarian losses of the crises.
With special regard to the Transnistrian conflict, he mentioned that his country still follows laws
necessary for the conflict to be resolved and that “demilitarization and democratization of the
Transnistrian region”14 is deemed more than essential. In addition, he reported that Moldova had taken a
series of developments to inherit peace in the region. The importance of the European Union’s aid at the
borders of Moldova and Ukraine was vital in the enhancement of transparency and security as well as in
the establishment of a positive climate in Transnistria were also mentioned.
United Nations Development Programme in Moldova
The United Nations Development Programme in Moldova is assisting Moldova in reaching the
Sustainable Development goals and meet the European Integration policies. In the area, the UNDP
focuses on “Inclusive Growth, Effective Governance and Climate Change, Environment and Energy”15.
This programme goes hand in hand with the “Towards Unity in Action” Partnership Framework16 which
was agreed between the UN and Moldova, set for 2013 and 2017, a framework largely connected to the
policies of the government of Moldova.
The UNDP in Moldova does not only focus on Moldova but has also made relative developments with
regard to the Transnistrian region. Moreover, under its “EU-UNDP Confidence Building Measures” 17 it
makes efforts towards creating labour opportunities and improved living conditions in the Transnistrian
region. It is under this framework that the UNDP in Moldova creates jobs, helps businesses advance and
tries to form strengthened communities and infrastructures. Its means of achieving such actions are
maximizing co-operation between economic agents of both sides of the Dniester River and including
14http://www.un.org/ga/63/generaldebate/moldova.shtml
15http://www.md.undp.org/content/moldova/en/home/ourwork/overview.html
16http://www.md.undp.org/content/moldova/en/home/operations/about_undp.html
17http://www.md.undp.org/content/dam/moldova/docs/Project%20Documents/Pro_doc%20CBM4.pdf
communities within collaborative projects which face prerequisites needed for development and increase
infrastructure. To talk numbers, the framework wishes to create 150 employment slots and 5,000
sources of income for both genders. It further wishes to materialize 30 civic infrastructure plans on both
sides of the Dniester River. On a wider spectrum, the framework also aims at ensuring equal educational
opportunities for all students as well as providing the basic needs in the poverty-stricken area.
Previous Attempts to solve the Issue
OSCE’s Mission to Moldova
The OSCE’s Mission to Moldova has played a decisive role in favoring the resolution of the conflict,
which is mentioned as a top priority. Moreover, it also aims at controlling armaments and protecting
human rights for all citizens in Moldova and the Transnistrian region. As far as conflict prevention is
concerned, the OSCE serves as chair in the 5+2 talks and ensures the promotion of a peaceful
atmosphere between the two sides so that the residents can cooperate with each other. Also, the
mission takes part in the Joint Control Commission, undertaking the role of an observer and thus,
enhancing the efforts of the Commission and representing the European community in the Commission.
The Mission also handles issues regarding armaments in the Moldovan/Transnistrian region. Currently,
within the region, a greater value than 20,000 tons of ammunition has to be diminished. Thus, the
Mission aims at gathering and eliminating all ammunition originating from Russia, with the OSCE
providing both the technical and financial means for such an initiative. Human rights are also part of the
picture for the OSCE’s Mission. Specifically, the Mission works in cooperation with regional institutions
for issues such as the limitation of torture, the growth of communities and schools in the Transnistrian
region which are under Moldovan administration as well as takes a stance in the fundamental rights of
those imprisoned. Finally, the Mission works against modern day slavery through raising awareness to
the greater society via creative means such as theatre plays in rural areas as well as through the
organization of conferences for legal, judicial and police forces in the region.
Moldovan effort in resolving the issue
When one speaks about previous attempts to solve the issue, it is imperative to mention Moldova’s
action in regard to resolving the issue. Although the Moldovan side lacked a comprehensive plan at first,
it decided to adhere to a favorable peace policy for the conflict. Many solutions have been “put on the
table” by the Moldovan side. Moldova, has proposed recognizing Transnistria as a “free economic zone”,
a proposal declined by the Transnistrian authorities. It has also proposed the creation of a Moldovan
confederation, meaning a unity of states which are to be under the same league, which would include
Transnistria but this proposal was also declined.
Furthermore, although at the beginning neither states desired peaceful negotiations, with time they came
about realizing that it was essential. Thus, Moldova agreed in taking part in the 5+2 talks which were
there to discuss issues such as developments within Transnistria, the establishment of common spaces
and the monitoring of economic and trade activity. At this point, it is important to mention that even
though the 5+2 talks serve a great purpose in creating amiable relations between the opposing sides,
they have reached a stalemate twice, once between 2005 and 2001 and again from 2014 up until mid
2016.However, the 5+2 talks were resumed in Berlin in June 2016, with the head of the OSCE mission to
Moldova stating that “This 5+2 is testament to the fact that constructive and frequent dialogue at all
levels is essential for realizing substantive talks in the 5+2”.
Possible Solutions
As far the handling of the Transnistrian issue is concerned, one is required to use a multifaceted
approach. There are definitely many aspects that need to be dealt with, with economic and security
issues being a prime example.
To begin with, the status of the Transnistrian region needs to be reassessed. Although there was a
referendum in 2006, it is considered by many either outdated or not lawful and thus, a new referendum
regarding Transnistria’s status will need to be organized. This referendum should ideally, be monitored
by the UN which would make sure that no electoral fraud is present, deeming the results invalid and
leading the region to even greater instability. Once the referendum has been held, the UN along with
possibly the OSCE will need to evaluate the results of the referendum, in the sense of examining the
possibility of the result being implemented. For example, if the result of the referendum calls for full
autonomy, it will be imperative to look into and assess whether Transnistria’s infrastructure and national
institutions are adequate to support it. If not, a viable plan of action will need to be drafted which would
set a transition phase and which would serve towards achieving the results of the referendum.
That being said, before any plan is drafted and any drastic measure towards Transnistria’s full/partly
autonomy is taken, what needs to be ensured is Moldova’s assurance in the region. An instance of
Moldovan aggression as a result of too drastic measures supported by international organizations such
as the UN is to be avoided. However, what the UN as well as the international community could do is
place pressure upon and provide incentives for Moldova to agree with the referendum results. If all else
fails, another means of compromise which does not undermine the position of either sides needs to be
found.
Moreover, another important issue that needs to be addressed is the issue of economic shrinkage and
the trading of illegal armaments in the area. Stricter legislation with regard to the passage of armaments
in and out of the region needs to be advised as well as closer monitoring. The introduction of VAT would
also serve beneficially since many take advantage of Transnistria’s lack of VAT in order to conduct illegal
activities. Means of economic growth such as the improvement of infrastructures, the introduction of new
sectors which would allow employment opportunities are crucial for Transnistria’s economic status.
Finally, Russia’s military presence in the region will also need to be assessed. Are the actions of the
Russians illegal, in the sense that they pose a threat to the stability and security in the area, no matter
the fact that they are supported by the Transnistrian people? Such questions are ones that need
immediate answers, which would serve to guide solutions on that aspect of the issue.
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Forum:
General Assembly 4th Committee
Issue:
Towards a reunited Cyprus
Student Officer: Serra Saydam
Position:
Deputy Chair
Introduction
As a small island country in Eastern Mediterranean, Cyprus has experienced nothing but a
tumultuous history. Since 1960, when Cyprus declared its independence from the British Empire,
differences between the Greek and Turkish Cypriots of the island has led to fatal conflicts. The issue,
however, is just as political as it is social. When Turkey invaded the island in 1974 and started their
decades long occupation, they took the issue from being an ethnical problem between citizens to a
political agenda to regain land that they used to have control over until the beginning of the century. For
over 40 years, the northern third of the island has been occupied by Turkish forces, leading to them
declaring independence and creating a sovereign nation known as the Turkish Republic of Northern
Cyprus (TRNC), which to this date has only been recognized by Turkey. After years of effort to reunite
the two halves under one flag, recent developments from both sides have shown the idea of reunification
possible in the near future. However, it is still not certain if this diplomatic agreement will resolve all the
internal, ethnical problems between the two groups.
Definition of Key Terms
Military Invasion
A foreign control aggressively entering a territory with its military, with the purpose of either
annexing, liberating, or re-establishing authority. This may lead to the partitioning of the country, reestablishment of the government, or indefinite military occupation by the foreign power.
Military Occupation
It is the control over a specific territory by foreign military forces without formal authority. It is against
the will of the de jure sovereign. The intention of the occupier is in most cases to formally seize the
territory.
States with limited recognition
A state that does not have its sovereignty recognized fully by the other countries of the world. Some
unrecognized states are not recognized by any other party, while others are recognized by a great
amount of states.
One state solution
Refers to the idea that for the conflict to come to an end, the North and South of Cyprus should unite
where no other partially-recognized state would interfere. All parties will be satisfied with the island
uniting under one flag with no diplomatic separatist movements.
Two state solution
Refers to the idea that for the conflict to come to an end, the North and South of Cyprus should
separate into two different recognized states under different flags.
UN Buffer Zone
Also known as the Green Line, it separates the two sides of the island. The UNFICYP records the
Buffer Zone in Cyprus as the line that “extends approximately 180 km across the island. Its northern
and southern limits are the lines where the belligerents stood following the ceasefire of 16 August
1974” 1.
Megali Idea
It is a concept of Greek nationalism, in which the aim is to reunite all once Greek inhabited land to
reclaim a “United Greece”.
Background Information
Before 1974
Prior to the present day conflict in Cyprus, for centuries the island was under the control of the
Ottoman Empire. In 1914, the ever-growing British Empire annexed the land as a strategic territory in the
Mediterranean. For years, no significant problem arose in the island that threatened the safety of the
people, until 1955. In 1955, Greek Cypriots began a partisan war against the British rule of the island.
Their movement wanted union with Greece. In response to this, Britain assembled paramilitary forces
made up of Turkish Cypriots. This was the first major incident where the two groups were against each
other. In 1960, Cyprus gained its independence with Archbishop Makarios as president. This decision
was agreed upon by both Greek and Turkish Cypriots. The Treaty of Guarantee gave the right to
intervene to Turkey, Britain, and Greece, and allowed for Britain to retain sovereignty over two military
bases in the centre of the island. 3 years later, President Makarios proposed amendments into the
constitution that would revoke the power-sharing agreement agreed upon by Turkey. This led to violence
between the two groups and Turkey withdrawing from power-sharing. Over the next ten years, United
Nations (UN) peacekeeping forces were established, and Turkish Cypriots withdrew into the defended
enclaves of the north.
1974
Cypriot coup d’état
On the 15th of July, 1974, the Cypriot National Guard and the Greek Military Junta initiated a coup
to overthrow President Makarios and replace him with Nikos Sampon, a Greek nationalist who
wished to unite with Greece, seeing Cyprus as a Greek land that needed to be reunited with its
“main” land. With this coup attempt, they proclaimed a new nation: the Hellenic Republic of
Cyprus, forcing Makarios to flee with imminent death threats.
Turkish invasion of Cyprus
On the 20th of July, 1974, just 5 days after the coup, Turkey invaded Cyprus. They stated that the
coup attempt was against the Treaty of Guarantee. They would eventually divide the northern
third of the island, from the line known as the Green Line, and occupy it. Thousands of Greek
Cypriots in the north were forced to flee their homes for the south, while the Turkish Cypriots of
the south had to leave for the north. The UN Security Council (UNSC) passed a resolution
directing Turkey and its troops to withdraw from Cyprus, but they refused to do so.
The establishment of Northern Cyprus
In 1975, Turkish Cypriot established an independent administration, representing the northern
third of the island, and appointed Rauf Dektaş as president. Following this establishment, Dektaş and
Glafcos Clerides, the leader of the Greek Cypriots, agreed on a population exchange that would enforce
Turkish and Greek Cypriots to move to their respective parts of the island (The Greeks would move to
the southern two-thirds, and the Turks would move to the northern third). During this time, the UN
sponsored peace talks were resuming to bring an end to the conflict, but in 1983, Denktaş suspended
these talks and proclaimed the Turkish Republic of Northern Cyprus (TRNC). This new nation was only
recognised by Turkey.
Cyprus divided and plans to solve the crisis
After TRNC’s establishment as an independent state that was only recognized by one other
country, there was no contact between the leaders of the two sides to establish peace and bring an end
to the conflict. The tension was also increasing between the people, with the northerners frustrated at not
being recognized, and most southerners wanting to formally separate from the Turkish Cypriots. For over
a decade the island was divided, literally and socially, with violent fights arising from time to time. In
1996, two Greek Cypriots were killed in the UN buffer zone after tensions increased even further. During
these times, the UN mediated peace talks all resulted in failure with neither parties reaching an
agreement on how to solve the issue at hand. In 2001, the Republic of Cyprus voiced its intention on
joining the European Union (EU). The response from Turkey on this matter was nothing but eventful,
they threatened to annex the north if Cyprus really joined the EU. They showed the 1960 Treaty as the
reason for this response. Them joining the EU before any reunification would violate clauses agreed
upon previously by all parties. The threat of the Republic joining the EU gave the UN a reason to
reinitiate peace talks and find a solution to this now decades long problem. In 2002, then UN SecretaryGeneral (SG) Kofi Annan proposed a plan to unite Cyprus under one flag that has two federations, with
the presidency rotating between the Turkish and Greek Cypriots. This proposal is now known as the First
Annan Plan, which failed in the March of 2003 after the deadline for agreement on it passed. About a
month after this plan failed, Turkish and Greek Cypriots were allowed to pass the Green Line when
Turkish forces eased their policies on border restrictions.
In 2004, 10 states joined the EU, one of them being Cyprus; however, since reunification still had
not happened, only the southern side gained membership. After this entry, there was a referendum that
asked both Greek and Turkish Cypriots whether they wanted reunification. The majority of Turkish
Cypriots supported the idea, but a great majority of Greek Cypriots were against it. Majority of Greek
Cypriots were against the reunification because there were clauses in the referendum that gave Turkey
rights that they believed intervened with their social and economic freedom. That year, Turkey also
started talks with the EU regarding Cyprus, which abruptly ended in 2006 after they denied their request
to open its ports to and from the Republic. They said that for this to happen, the EU should stop their
isolation of the Turkish Cypriot group that was living on the other side of the Green Line.
In 2008, with the Republic electing a left-wing president that hoped to achieve reunification, talks
between the two sides once again started. These talks, however, do not achieve much since a year later,
in 2009, the north elected a leader that favoured independence. Until the South was hit by a financial
crisis in 2012, not much of an interaction happened between the two nations. As they searched for ways
to get themselves out of the situation and into a stable place, they required financial assistance. As a
response to this, Turkey was ordered by the European Court of Human Rights to pay 90 million euros in
damages to Cyprus for the destruction caused in the 1974 invasion. Turkey called this order as unfair
and refused to pay. They justified by stating how the timing of the order appeared to have an agenda
behind it different than that of the damage caused nearly 40 years prior. Just as everything seemed to
point reunification as impossible, the north side appointed a leader that wished for unity and Cyprus, for
the conflict to come to an end, and the people to live peacefully together, no matter their culture or
religion. His appointment was very well received by the country and reunification now appears to be a
more than likely thing in Cyprus’ future.
Major Countries and Organizations Involved
Republic of Cyprus (South)
As the international representative for both sides of the island of Cyprus, to the international community
besides Turkey, the Republic is the only side where there are diplomatic relations. They are the country
that has delegates in the UN and a voice in the EU. Until very recently, because of this representation
internationally, the Republic saw no real reason for uniting with the North as they were already a
sovereign state that decided on its every move. This, however, has changed in the past few years. In
2015, President Nicos Anastasiades welcomed the election of Mustafa Akıncı in the north as the Turkish
Cypriot leader, who was a pro-unity candidate. He also announced that they would immediately move
forward with the stalled talks between the two groups, in the hopes of a mutual agreement that would
satisfy both parties. For decades, Cyprus has not voiced a desire to separate from the Turkish north or
unite with Cyprus. The Greek Cypriot people have also voiced their support for the union, and that the
question is actually more of a political problem than an ethnical problem.
Turkish Republic of Northern Cyprus (TRNC)
Recognised only by Turkey as a sovereign nation, in the last few years, TRNC has been vocal about its
desire to unite with the south and become on Cyprus. Since 2015, when Mustafa Akıncı, a social
democrat, won the elections over nationalist incumbent Derviş Eroğlu, he has promised to start talks of
reunification. The people were very welcoming of his election, indicating that just like it is with the South,
the problem is no longer as much of an ethnic issue as it previously was. There is an increased build-up
of anger towards the nation’s isolation from the rest of the world, since it is only recognised by one other
country, as well as the increasing pressure from Turkey that has caused disapproval with many fearing
that Ankara may try to interfere with their domestic affairs. These reasons have all accumulated for
Turkish Cypriots no longer wanting independence or union with Turkey, but rather a reunion with their
neighbours Republic of Cyprus to be a fully represented and recognized group of people in the
international world.
Turkey
As the nation that started the occupation and division of the island over forty years ago, Turkey has just
recently agreed on and welcomed talks on the crisis in Cyprus. The only country that recognises TRNC
as a sovereign state, they have maintained a stable relationship with them. Turks have acted as a great
booster to TRNC’s economy and tourism industry with their travels to the island. Ankara has voiced that
they are warm to the idea of the island’s union and the end of the crisis.
United Kingdom
Since the 1960 Treaty of Independence, the UK currently has maintained control over two military bases
in the island and have been involved in conflict. They have said that if the Republic and TRNC were to
be reunited, they would not lose any of their power over their bases, since they were granted them in
1960 by a treaty.
Greece
With its Military Junta of the time being the reason for the 1974 coup d’état, Greece was a very strong
supporter of the Mengali Idea and reclaiming Cyprus was a great goal of theirs for most of the 20 th
century, or even ever since its annexation by the Ottoman Empire 400 years ago. However, in the recent
years their main goal has been to establish a mutually agreed, just, and comprehensive solution to the
issue, where the occupying Turkish forces would be withdrawn, and Cyprus would move forward as a
nation independent from Greece. The main reason for this is their desire for a peaceful and stable
region, as well as their interest in its relations with Turkey. They support the talks between leaders from
both the Turkish and Greek Cypriots. Greece does not have the right to intervene in Cyprus’ internal
problems, and is just involved in the international talks that usually also include Turkey.
Timeline of Events
Date
October 1st, 1960
Description of event
Cyprus gains independence. Greece, Turkey, and Britain have the right to
intervene with the Treaty of Guarantee.
President of Cyprus, Archbishop Makarios proposes changes to the
1963
constitution that would revoke the power sharing agreements agreed on by
Turkey.
July 20th, 1974
1975
Turkish invasion of Cyprus, Turkish forces enforce the partition of the north
from the south with Turkish forces occupying the northern third.
Turkish Cypriots establish their independent administration. They appoint Rauf
Denktas as president.
Turkish Cypriots declare their independence and proclaim Turkish Republic of
November 15th, 1984
Northern Cyprus. Turkey is the only country that recognises their
independence.
With the Republic of Cyprus beginning talks of joining the European Union,
November, 2001
Turkey threatens to annex to north if these talks become reality because it
clashes with the Treaty of Guarantee.
November 11th, 2002
Annan Plan I is presented.
2004
Cyprus is selected into the European Union.
2008
April 2010
Newly appointed president of the Republic Demetris Christofias promises to
work on plans that would lead to reunification.
Dervis Eroglu, a supporter of independence for the North, wins presidency in
TRNC.
Turkey is ordered by the European Court of Human Rights to pay 90 million
May 12th, 2014
euros in damages to Cyprus for the destruction caused in the 1974 invasion,
Turkey calls this order as unfair and refuses to pay.
January 1st, 2016
Greek and Turkish Cypriot leaders make a joint New Year’s addressing, with
more meetings to come on reunification.
Relevant UN Treaties and Events

The Cyprus Question, 4 March 1964 (S/RES/186)

The Cyprus Question, 18 December 1964 (S/RES/198)

The Situation in Cyprus, 12 March 1975 (S/RES/367)

Question of Cyprus, 16 May 1983 (A/RES/37/153)

The Situation in Cyprus, 11 May 1984 (S/RES/550)

Adopted by the Security Council at its 3235th meeting, 11 June 1993 (S/RES/839)

Adopted by the Security Council at its 4018th meeting, 29 June 1999 (S/RES/1250)

Adopted by the Security Council at its 5911th meeting, 13 June 2008 (S/RES/1818)

Adopted by the Security Council at its 6132nd meeting, 29 May 2009 (S/RES/1873)

Adopted by the Security Council at its 6685th meeting, 14 December 2011 (S/RES/2026)

Adopted by the Security Council at its 7014th meeting, 30 July 2013 (S/RES/2114)
Previous Attempts to solve the Issue
After the 1974 division, for many years both sides wanted independence and separation from
each other. After the Turkish north proclaimed itself as an independent, sovereign state in 1983, though
at times, peace talks were held, none were efficient enough to bring a solution to the issue. Both sides
wished for independence their independence and TRNC wanted the full recognition that it was getting
from Turkey. Neither sides wanted to unite with each other and be a single country, operating by the
same government and living under the same flag.
In 2002, then UN SG Annan proposed the first of his plans on Cyprus. He wanted the island to be
unified nation, living under the same flag, but in two federations (one for the Turkish Cypriots, the other
for the Greek Cypriots) with a rotating presidency that would allow both groups to be the leaders of their
country. This plan was ill hapless, largely due to the Republic wishing to enter the EU around the same
time. TRNC did not want this, therefore a proposal that suggested union was not of their interest. For
Annan’s third plan, two separate referendums were held in both parts of Cyprus, which revealed that
though a great majority of Turkish Cypriots wanted reunification, more than three quarters of the Greek
Cypriots voted against it.
Since the beginning of 2015, leaders from both sides have started talks of reunification. Though
the talks have been going in a direction of a possible end to the decades long problem, the public still
does not know the details of this reunification and how it would impact them and the way they are
governed.
Possible Solutions
Recently, meetings between the two sides have proven the issue of reuniting Cyprus to be very
possible. Now, with this reunion being a possibility in the near future, some things need to be cleared for
the conflict to be completely over. The leaders from both sides agreeing that they wish to drop their
borders and unite together as one nation is not enough, because it is a fact that both sides will still want
to retain some sort of power in the government of this “united Cyprus”. Matters like these need to be
decided on so in the future events such as coups will not happen by either side towards the opposite.
Cyprus being a member of the EU is also an issue that needs to be determined on before any
action towards reunification happens. If the north is not going to join the south, but rather join together
with them to form a completely new and united nation, than what will happen to Cyprus’ membership to
the EU. When Cyprus joined the Union, the Republic was notified that since the north was separated,
only the south part would be a member, and that for the north to also join the Union, it would have to rejoin the south. However, this is not the way the Turkish Cypriots want it, they want a new nation. Since
the Republic uses the Euro and TRNC uses the Turkish lira as their currency, if they were to join the EU,
will the new reunited nation adopt the Euro since it is the official currency of the EU, even though it has
been shown by many as the main reason behind Cyprus’ 2012 financial crisis. Adopting one third of a
nation to a new currency that has not proven to be a satisfactory decision for the rest of the country
raises some questions. When thinking about the union of the two sides, issues as small as currency may
not come to every single person’s minds but if issues like this lead to bigger problems, groups may arise
wanting separate from the “weaker” side.
Bringing an end to the ethnic problems is also extremely important. Even though this issue has
diminished significantly, the cultures of Greek and Turkish Cypriots are very different. They both have
Anatolian and Mediterranean traces which are similar, but even their native language is not the same.
Majority of Cypriots do speak English as a common language, but amending the bridges between people
groups from different ethnical background are extremely hard, especially you are from the same country
but from completely different cultures. Efforts from both sides should be made to assure that their
respective people will live together in the same streets with no problem and no specific discrimination
from either side. Changing the characteristics of people from one that does discriminate to one that does
not, may seem impossible. However, though this may be challenging in the short term, it should be
considered as a problem that can only be solved in the long term. To change the minds of thousands
from one to another is difficult, but is surely that will prove to be effective in the years to come. The
government should make try to tell its people that rather than identifying themselves as Turkish or Greek
Cypriots, they should identify as just Cypriots. They may have some cultural differences, but in reality,
they all belong to the same land, and if necessary they will all fight to protect the same island and the
same nation.
In the process of building this new Cyprus, the history should be considered significantly for the
future to be stable. Thousands were displaced during the exchange, and though it is extremely hard for
people to return to their own homes since new people live there, this issue should be considered. The
new administration may give willing people the contact information of the people living in their old homes,
which may at least give them a chance to visit the place that they once called home.
Lastly, the international community should understand that the talks regarding the reunification of
Cyprus is a significant issue in their diplomatic relations. Though the Republic currently has diplomatic
ties with many nations, with the North joining them, they would establish a new nation. It is important for
both sides that they establish a tie in which the international community respects the Turkish Cypriots in
the country that they are in a relation with as much as the Greek Cypriots.
Overall, for the issue to be solved permanently, it should be considered from both political and
social aspects and by taking into account all the past mistakes the two states have done that has led to a
problem which span over more than four decades.
Bibliography
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Appendix or Appendices
i.
http://www.bbc.com/news/world-europe-17219505
ii. http://www.mfa.gr/en/the-cyprus-issue/
iii. http://www.nytimes.com/2016/11/08/world/europe/cyprus-reunification-talks.html?_r=1
iv. http://www.reuters.com/article/us-turkey-security-cyprus-idUSKCN1020X1
v. http://www.reuters.com/article/us-cyprus-turkey-talks-idUSKCN10611M
vi. http://www.un.org/en/sc/documents/resolutions/1984.shtml
vii. http://www.cfr.org/cyprus/un-security-council-resolution-186-cyprus/p24241
viii. http://www.securitycouncilreport.org/un-documents/cyprus/
Forum:
General Assembly 4th Committee
Issue:
The question of territorial sovereignty in Antarctica
Student Officer: Aahil Velani
Position:
Deputy Chair
Introduction
Antarctica, due to its historically freezing temperatures is only the continent in the world that lacks
indigenous occupation to date. There has never been a government to rule the place in any form
possible, and exploration of the region only began in the late 19th and early 20th centuries. This
exploration stage was initiated by seven countries, namely: Argentina, Australia, Chile, France, United
Kingdom, New Zealand and Norway. However, along with the exploration, these countries have also
made territorial claims due to their work in the region.
The initial seven countries were later joined by other nations that included the United States, the
(former) Soviet Union, Belgium, Germany, Poland, Sweden, Japan, and South Africa to develop a better
scientific understanding of the region. During the time, scientific research was conducted peacefully, with
no conflicts between the nations conducting the studies. Thus, in 1959, due to the great
accomplishments in science, the countries decided to establish the Antarctic Treaty, which served as a
binding agreement that none of the members of the treaty would disrupt the scientific operations in the
region, and would indefinitely continue observing peace, and freedom from territorial disputes, within the
region. Since then the treaty has been mostly intact, with all nations following the regulations to a great
extent, as the treaty has gained more than 50 signatories since it was established.
With a globalising world, and overall populations rising across the board, the push for economic
resources is constantly increasing, pressurising countries to look for alternative methods to fuel and
sustain their development. In the consumer-based 21st century, access to land and resources in the
Antarctic region is a significant advantage, as with the temperatures changing, the ice coat on the
continent is starting to melt. Furthermore, scientific research in the area has discovered that the land is
potentially rich in economic resources, which has drawn attention from nations all around the world. This
gives rise to the possibility of conflict as even though no other countries have made territorial claims,
none of the original seven countries have revoked their sovereignty claims. In the same light, there are
many instances of minor infringements to the Antarctic Treaty, which places personal interests of nations
above the greater good.
Definition of Key Terms
Antarctica
The polar continent around the South Pole, located south of the 60°S latitude. The continent does
not officially belong to any nation or ruling body.
Economic Resources
These are the factors used in producing goods or providing services. According to the Economics
text book by Cambridge, Economic resources can be divided into human resources, such as labor and
management, and nonhuman resources, such as land, capital goods, financial resources, and
technology. In relation to the issue at hand, this means the natural minerals available within the region.
Sovereignty
Supreme authority within a territory. A nation or state is the political institution in which
sovereignty is embodied.
Territorial Sovereignty Claim
A claim from a nation or group that aims to establish control, or dominance over a specific
area, whereby it asserts control over a certain area and declares or requests its rule within the area.
Such claims can be recognised by the global community, or remain unrecognized, as in this case.
Background Information
Scientific Research in the Antarctica Region
Scientific research within the region is being conducted a scale that is greater than ever before in
the region, with the number of functioning research stations increasing over 70 since the beginning of the
project. Many of those research stations are temporary, as they are usually set up during the summers in
different locations and taken out during the winters, commonly known as Field Camps. However almost
30 countries have built stations that are permanently fixed in those locations. Some of the countries
stand out in terms of activity in the region, as countries like Chile, Japan, Argentina, the United States,
and Russia have up to 7 research stations each across the region. Many of the research centres set up
infringe the treaty as they go against some of the rules that were agreed upon by all participating nations
such as the idea of protecting their facility with high security measures, whereas the agreement was to
have transparency within the scientific community and have unlimited access to each other’s research
and facilities.
In relation to the scientific aspect, the studies in the region have helped us understand the way
the continent and its surroundings work. There is a committee that has been put together by various
nations called the Scientific Committee on Antarctic Research (SCAR) that claims that that continent
could potentially warm by as much as 3°C, causing significant damage to the ice layers. In the same
light, they also claim that more research needs to be done with regards to the biological and marine
ecosystems, as those are areas that have not been explored in much detail. SCAR claims that the
Antarctic region holds almost 90% of the world’s ice, and 70% of the world’s fresh water. This
identification leads to the idea of potentially using those resources in the near future, as slowly, yet
constantly the world is moving towards a period where fresh water lakes along with rivers are drying up.
Although, it is not an immediate situation, it will be in the long run. Lastly, the research has proven that it
is imperative to maintain research stations in the area as they have learnt that the southern oceans
contribute significantly to the way the weather works all around the world.
Economic Benefits Arising from the Region
Through the scientific research in the area, multiple new energy resources that are abundant in
nature have been found, however lack ways for us to access those resources due to the fact that
majority of those resources lies below the ice. These resources include, but are not limited to: the world’s
largest coalfield, and multiple regions with oil, which would open up as the ice melts away. Furthermore,
several metallic minerals have been found, some of which lie within the layers of ice, whilst others have
been found in the sediments on the ocean fronts. The discovery of all these resources support the theory
that world was originally one large continent, which was then broken up and separated into the 7
continents we have today.
There are essentially unlimited resources in the region as fresh water can be extracted and
transported for purification and sale, the marine life can be fished and exported around the world and
lastly, significant amounts of revenue can be generated from tourism. Today, people around the world
have an increasing interest for travelling to Antarctica, as it provides them the opportunity for extreme
tourism. This occurs as the global population is more aware of what is happening in these extreme
environments due to the media. Furthermore, travel to the region has become significantly easier, and
there are spikes in ecotourism and adventure tourism globally, for which Antarctica lies on the map.
Coming from the idea that our world is constantly undergoing climate change, there is great potential for
generating revenue from tourism in the region as people want to be able to see these natural wonders
before they melt away, or before they change significantly from their original form.
Military Presence
The Antarctic Treaty has always been against the idea of any sort of military presence in the area,
regardless of their power and aim in the region. Furthermore, the region is also meant to be free from
any nuclear explosions and waste disposal from the countries participating in the research program.
Additionally, in the recent past, an increasing number of nations have militarized their bases under the
idea of protection from other nations. Argentina and Chile have permanent military within the region, and
Australia recently recognised that China’s latest research base was a threat due to its surveillance
potential. All of this leading to the possibility of territorial claims once again.
It is highly likely that several nations are not reporting their military placement and activities, while
other countries use civil security contractors to full their military aims – and technically still lie within the
rules of the treaty. Due to the fact that all these activities are run relatively secretly, there is no actual
way of knowing the scale of the military presence. The United States Department of State claims that
“moreover, isolated and inhabited, the continent might at some time become a potential site for
deploying nuclear weapons”, which demonstrates what the potential aims for these nations are.
Currently, the military remains passive in the sense that they are present to provide support, however as
soon as major discoveries are made, they can become active in the area.
Major Countries and Organizations Involved
United Kingdom
The United Kingdom was the first country to establish a territorial claim, in 1908. The area
claimed was between the longitudes of 20°W and 80°W, however it overlapped with territory that was
claimed by Chile and Argentina. Quite recently, in 2012 part of the area was named Queen Elizabeth
Land. These claims were made in the form of a
letter patent, whereby it is a type of legal
instrument in the form of a published written
order issued by a monarch or president.
Norway
In response to their active involvement
in the exploration of the Antarctic region, the
Norwegian government declared that they were
claiming part of the land between 20°E and
45°E, which was named Queen Maud Land and
encompassed almost 17% of the total land
area. The claim also covered part of the
Amundsen Sea. The first claims for Norway
were made by Nils Larsen and Ola Olstad.
A map, produced by the Australian Antarctic Division, showing
the different territorial claims in the region.
United States of America
The United States was part of the countries that discussed and signed the ATS, and are now
exploring the region to a great extent. The United States has not made any territorial claims yet, however
reserves the right to make a claim. The country has a strong presence in the region due to their scientific
activity, and has indicated they would be interested in using the area to deploy nuclear weapons.
Furthermore, the United States has a body called the United States Antarctic Program (USAP) that has a
budget over $350 million with 3,500 men and women involved in the project every year.
Australia
Australia was the claimant of the largest portion of territory in the Antarctic region, which was
originally claimed by the U.K., as Australia was a colony. The claim was eventually transferred to
Australia, which spans from 45°E and 160°E, excluding small portions of that were claimed by the
French. The Australian government raised concerns over the matter quite recently, and issued a
statement saying that “Antarctic bases are increasingly used for 'dual-use' scientific research that's
useful for military purposes" and warned the international community of potential military activity within
the region.
New Zealand
Like Australia, New Zealand established a territorial claim while it was part of the U.K. spanning
from 160°E to 150°W. The claim belonged to the U.K., which was later transferred to New Zealand.
France
In 1924, France claimed territory spanning from 136°E to 142°E. The area is relatively small, and
lies within part of the land that was claimed by Australia.
Argentina
In 1942, Argentina claimed territory spanning from 25°W to 74°W. The area claimed overlapped
with territorial claims from Chile and the U.K, which could lead to conflict in the region, in the future.
Chile
In 1940, Chile claimed territory spanning
from 53°W to 90°W. The area claimed overlapped
with territorial claims from Argentina and the U.K,
which could lead to conflict in the region, in the
future. With 130 people, the Chilean Antarctic
Territory is the only Antarctic territory with a civilian
settlement. These civilians are the family members
of those working in the scientific research projects
across the continent, along with family members of
those in the military. The community also has an
A picture of the Villas Las Estrellas at night – the Chilean
community that lives in the region.
airport, a bank, a school with child care, a
hospital, a supermarket, and television service.
China and Russia
Although these countries do not currently have any territorial claims, they assert that they reserve
the right to make claims in the future. These countries also have a very strong presence in the region
due to their strategically placed research stations across the area. China operates two permanent and
two summer stations, with them being scattered between 58°W and 77°E, while Russia operates four
permanent and five summer stations, with them being scattered between 136°W and 106°E.
Antarctic Treaty System (ATS)
An agreement between several nations, which served as a binding agreement that none of the
members of the treaty would disrupt the scientific operations in the region, and would indefinitely
continue observing peace, and freedom from territorial disputes, within the region.
The Scientific Committee on Antarctic Research (SCAR)
The Scientific Committee on Antarctic Research (SCAR) is an inter-disciplinary committee of the
International Council for Science and is charged with initiating, developing and coordinating high quality
international scientific research in the Antarctic region.
Timeline of Events
Date
1900 - 1957
1957 - 1958
Description of event
The initial seven countries begin their scientific research in the Antarctic region
and then make their claims.
The other 5 countries set up their scientific research centres across the region,
bring the total number of countries to active within the region to 12.
1st December 1959
The Antarctic Treaty is signed.
23rd June 1961
The Antarctic Treaty is put into effect.
The total of 39 ATS signatories sign The Protocol on Environmental Protection
1991
to the Antarctic Treaty in Madrid, agreeing to a minimum 50-year prohibition of
all mineral prospecting, starting in 1998, resulting in a stronger determination
to keep Antarctica for peaceful, scientific purposes.
1998
The Environmental Protocol to the Antarctic Treaty becomes active, which is
due to expire in 2048.
United Nations Environment Programme regularly prepares reports on the
1984 and 1996-2005
Question of Antarctica, summarizing the activity within the region and then
submits them to the General Assembly. The United Nations also includes
several regular resolutions following the reports.
Relevant UN Treaties and Events

Question of Antarctica, 15th December 1983 (A/RES/38/77)

Question of Antarctica, 7th December 1988 (A/RES/43/83)

Question of Antarctica, 6th December 1991 (A/RES/46/41)

Question of Antarctica, 15th December 1994 (A/RES/49/80)

Antarctic Treaty System, signed on the 1st of December 1959 which serves as a binding
agreement between several nations that none of the members of the treaty would disrupt the
scientific operations in the region, and would indefinitely continue observing peace, and freedom
from territorial disputes, within the region
Previous Attempts to solve the Issue
While the issue has been active ever since the first few nations began their scientific research, apart
from the Antarctic Treaty System, all other attempts to solve the issue have been relatively passive. The
United Nations only discusses the issue briefly, and then moves on to the next agenda. This could
perhaps because of the fact that the United Nations does not want to intervene in the matter as long as
there are no conflicts of interest between the nations involved. Furthermore, they believe what they are
doing in adequate for dealing with the issue.
The Antarctic Treaty System worked effectively during the launch period of the treaty, after which all
nations began manipulating their personal interpretation of the treaty, thus allowing them some room for
adjustment in what their agendas are within their respective camps. An example same is that fact that
The Unites States Department of State has claimed that they are considering the region for exploration
of nuclear weapons, which is strictly against the ATS. This has led to no sanctions, economic or political,
being imposed on the countries that have infringed the treaty, encouraging them to continue their unjust
acts, which in their opinion, may not be unjust.
Non-Governmental Organisations (NGOs) such as Greenpeace have regularly inspected the
Antarctic bases of different countries, making sure that there is no infringement of the treaty. However,
they certainly did not have complete access to all sites, and information has been withheld from them.
Furthermore, NGO’s do not have the legal jurisdiction or administrative power besides their ability to
raise public awareness, and help in the situations whereby they will not be threatening the sovereignty of
any nation. Thus, the success achieved from Greenpeace was limited, as majority of their efforts were
focused on the environmental impacts of the research centers, and not on the political and economic
side of things.
In the same light, SCAR has suffered the same fate, as they are simply within the region to conduct
scientific research, however not all countries have been transparent towards SCAR with their work. In
terms of science however, SCAR has made significant progress on understanding the environment
within the region, and its effects on the world as a whole – such the weather changes due to the
southern oceans.
Possible Solutions
As stated in the previous section, all the attempts made to solve the issue have been passive,
resulting in non-cooperation from the nations involved. This ties in with the lack of an organisation or
council with the authority to strictly enforce the Antarctic Treaty, thus it is suggested that a committee
should be established, which is advised to run routine inspections, with unlimited access to all facilities.
With the lack of this organisation, countries have the ability to do as they please, and bend the rules and
regulations around which they operate.
Furthermore, the United Nations is suggested to help make it mandatory for all countries to be
transparent in what they are doing and all the activities that they conduct within the region, and to
enforce the idea that the Antarctic region should be a military free zone. Perhaps the United Nations
should consider fostering the revoking of the Antarctic Treaty and replacing it with a new, updated treaty
that serves to cover all the areas that have been allowed loose by the ATS. With the cooperation of
member states, the United Nations should consider recommending that all military personnel should be
moved out of the zone. In the same light, if all countries, and the United Nations are transparent and
cooperative with each other, with full knowledge of what is happening within the region, there will be no
need for any military protection, as no individual or organisation will try and gain forceful access.
Lastly, the United Nations and committee with the authority is suggested that they emphasize the
idea that scientific research should always remain as the top priority for all nations involved, and if all
nations agree, sanctions or other economic/political consequences may be imposed on nations in the
event that they do not comply with the system.
Bibliography

“Antarctic Treaty.” U.S. Department of State, U.S. Department of State,
http://www.state.gov/t/avc/trty/193967.htm.

“ATS - Peaceful Use and Inspections.” ATS - Peaceful Use and Inspections, Antarctic Treaty
System, http://www.ats.aq/e/ats_governance.htm.

Bender, Jeremy. “Russia and China Are Drastically Scalling up Their Presence in Antarctica.”
Business Insider, Business Insider. 5 Jan 2016, http://www.businessinsider.com/russia-chinascalling-up-antarctic-presence-2015-12.

“Mineral Resources - Discovering Antarctica.” Discovering Antarctica, National Environment
Research Council, discoveringantarctica.org.uk/challenges/sustainability/mineral-resources/.

Nash, Rosemary. “Observing Systems.” Observing Systems, The Scientific Committee on
Antarctic Research, http://www.scar.org/science-themes/observing-systems.

“National Science Foundation – Where Discoveries Begin.” U.S Antarctic Program| NSF –
National Science Foundation, National Science Foundation,
http://www.nsf.gov/news/news_summ.jsp?cntn_id=102869

Nick Rowley Professor, Sydney Democracy Network, University of Sydney et al. “In Conversation
on Antarctic Sovereignty: Full Discussion.” The Conversation, The Conversation Africa, 2 July
2014, theconversation.com/in-conversation-on-antarctic-sovereignty-full-discussion-28600.

“Potential Resources in Antarctica.” KS3 Bitesize, British Broadcasting Corporation, Oct. 2014,
http://www.bbc.co.uk/bitesize/ks3/geography/places/antarctica/revision/5/

Randa, Keith, and Rob Lonning. “Natural Resources in Antarctica.” Natural Resources in
Antarctica, 3 May 2012, http://www.globalclassroom.org/antarct3.html.

“Science in Antarctica.” Home, National Institute of Water and Atmospheric Research,
http://www.anta.canterbury.ac.nz/resources/science.html.

Territorial Claims in Antarctica: A Modern Way to Deal with an Old Problem. Cornell International
Law Journal, 1986, Territorial Claims in Antarctica: A Modern Way to Deal with an Old Problem,
scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1163&context=cilj.
Appendix or Appendices
I.
http://www.un.org/documents/ga/res/41/a41r088.htm
II.
http://www.un.org/documents/ga/res/43/a43r083.htm
Forum:
General Assembly 4th Committee
Issue:
The Question of Kosovo
Student Officer:
Rohaan Radhakrishnan
Position:
Chair
Introduction
Kosovo has been an area of dispute for centuries, and only now has it been recognized as a
partially recognized state. However, many are unaware of the situation and history in the region. Located
in the Balkans region of Europe, Kosovo is bordered by Serbia, Albania, Macedonia and Montenegro.
Both the Sharr Mountains and Kopaonik Mountains create a border between Kosovo and it’s neighboring
countries. Considering Kosovo is a small, landlocked territory it is home to multiple ethnicities. This
diversity over the years has only lead to clashes and conflict.
Kosovo has two main ethnic groups: The Albanians and Serbs. The majority of Kosovo’s
population is Albanian, while a very small majority of the population are Serbs. The ethnic groups have a
diverse range of religions and beliefs that perhaps sparked this conflict (The main ethnicities being Islam
and Christianity, but also Croats, gypsies and even Montenegrins).
Kosovo was a very desired territory in the early 20th century, as it contained some of the rarest
metals and minerals in Europe. Therefore, when the Serbs did colonize Kosovo, all resources were
depleted and the riches were taken back to Serbia. Kosovo was stripped of its wealth and soon became
a very poor nation, with massive GDP drops.
Only half of the United Nations’ members recognize Kosovo as an independent nation. This is
due to the fact that it has been the place of large controversy and huge change. The constant switching
of power has destabilized the region. Therefore, there had never been a formal agreement on its
independence.
Definition of Key Terms
Colonization
The action or process of settling among and establishing control over someone else’s area. In this
case the Serbians migrating to Kosovo, to increase the ratio of Serbians to Albanians.
Democratic League of Kosovo (LDK)
The LDK Democratic League of Kosovo was formed by a group of intellectuals headed by Ibrahim
Rugova, which fought for Kosovo’s independence.
Ethnic Diversity
Religious diversity is the goal in which all religions and beliefs co-existing in one society
Religious Minority
Religious minority refers to a racial, ethnic or religious division of society, that is
underrepresented compared to the dominant group in terms of political and financial power.
Ethnic Cleansing
The killing of an ethnic minority by a dominant majority in order to achieve ethnic
homogeneity (Reduce ethnic diversity)
NATO
Also known as the North Atlantic Treaty Organization, NATO is responsible for the freedom and
safety of its members, through the use of military intervention.
Kosovo Force
Also known as, KFOR, Kosovo Force was NATO’s peacekeeping force in Kosovo, that ensured a
secure environment, public safety and order and demilitarize the Kosovo Liberation Army.
Kosovo Liberation Army
The KLA were a militant group that forced the Serbs out of Kosovo, in order to create an
independent Kosovo.
Autonomy
Having the right of self-control, without any outside control. In this issue, it was Kosovo trying to
gain autonomy from the Serbians.
Background Information
Post Ottoman empire and early 20th century
Once the Ottoman Empire had fallen, in the 19th century, multiple nations formed as a result of
this, such as Serbia, Romania and Albania. After defeating the Ottoman Empire, in 1912, Albania and
Kosovo gained their independence. The independence of Kosovo, however, was quickly lost as the
Serbs took the opportunity to expand their territory. Soon thereafter Kosovars began to fight against the
Serbian invaders, as they were not willing to be controlled by the Serbs, the ethnic minority at the time.
This is what sparked the beginning of the Serbian-Albanian conflict in Kosovo. Meanwhile the Kingdom
of Montenegro had colonized western Kosovo; therefore Kosovo was being targeted by the surrounding
nations and became disputed territory. Albania soon became independent after the end of the Balkan
wars but Kosovo was still largely controlled by Serbia.
In 1915, Serbia fought against the Austria-Hungary Empire, to reclaim land that they had
colonized in 1914. Serbia’s forces were not string enough, and thus had to retreat, through Kosovo,
which led to thousands of deaths. In 1918 a state by the name of Yugoslavia was created, with the goal
to unite members in the Balkan region. These included: Serbia, Slovenia, Croatia, Bosnia-Herzegovina
and Montenegro. Between 1918 and 1925, the Serbs tightened their rule over Kosovo, and mercilessly
killed and drove thousands of Kosovars. However, in Kosovo, Albanians still outnumbered the Serbs and
Montenegrins 2 to 1, despite of the emigration of 200,000 Kosovars and immigration of 60,00 Serbs.
World War II and Post World War II
In 1941 Yugoslavia was under the Axis powers and they divided Kosovo between the Italians and
Bulgarians. Kosovars and Italians collaborated to kill and drive out thousands of Kosovo Serbs and
Montenegrins. After the fall of the Axis powers, in the end of world war II, Yugoslavia was an
independent state once again. Therefore, Kosovo was under Serbian power once again. Kosovo had
repeatedly tried for independence, but had no luck. By the 1960’s Kosovo had been greatly depleted of
resources and became a very poor and meager conditions. This led to many protests and led to the
constitution of Yugoslavia to refer to Kosovo as an Autonomous province. Serbia’s parliament, however,
disregarded this and still determined what went on in Kosovo.
In 1974, The Yugoslavian constitution officially recognized the autonomy of Kosovo and granted
them their own legislative assembly and judiciary. In 1989, President of Yugoslavia Slobodan Milosevic
passed constitutional amendments and once again the Serbs seized control of Kosovo. This is done
when he removes the section of the Yugoslavian constitution laid out in 1974 that granted Kosovo
autonomous powers.
In the early 1990’s, Serbs ensured that Kosovo changed to their liking. They took control of radio,
television, enterprises, newspapers, libraries, museums and even the University of Pristina. The
Kosovars responded through non-violent means, through the Democratic League of Kosovo (LDK). This
group was created in late 1989 by Dr. Ibrahim Rugova, with the sole purpose of Kosovo gaining
independence once again. Many agreed with the group’s philosophy and the non-violent approach
seemed to be effective at first. However, many grew frustrated at the ineffectiveness of this strategy and
the failure to gain autonomy from the Serbs. By this time, in 1992, the Kosovo Liberation Army (KLA)
were formed and they utilized major force to gain control from the Serbs. The had the same goal as the
LDK, but instead used a violent approach. The KLA continued to gain more and more power through the
1990s, and their killings were extremely unjust at times: anyone Serbian, or a supporter of Milosevic,
whether they was women or children were killed. They soon gained control of over one-third of Kosovo
from the Serbs. Their attacks continued to increase with violence and frequency, as more and more
Kosovar protestors joined the group. By 1998, the group was at it’s peak, with constant conflicts with
Yugoslavian and Serbian Police and forces. As a result, thousands of Albanians were forced into
seeking refuge at bordering nations. At first the Western powers supported the actions of KLA. They
wanted a force to put an end to Milosevic and for the pressure to make him negotiate with the Kosovars.
However, they quickly realized that KLA was increasing at an exponential rate, and would quickly
destabilize the entire Balkan region. Many nations then called for there to be no military intervention, and
urged the Serbs to grant the Kosovars autonomy. Diplomats were constantly trying to negotiate with the
Kosovars and Serbs, to come to some form of peaceful agreement. Soon thereafter, the United States of
America (USA) negotiated a cease-fire agreement in November of 1998. This, however, did not last for
long, as the Yugoslavs quickly went back on the offensive and targeted KLA once more.
Intervention
Once the member nations of the North Atlantic Treaty Organization (NATO) figured out that their
method of non-intervention were not working, they decided that NATO had to take certain measures to
stop this ongoing conflict. NATO’s defense members then decided to visit Milosevic and ensure he
complied with their set demands. They ensured to warn him, that if he did not comply, air strikes would
be conducted against him and Serbia. Upon accepting the demands to withdraw Serbian troops from
Kosovo and create peace, however, Milosevic did not comply all demands and therefore on March 1999,
NATO members began airstrikes against Serbia. Serbia could not compete against the forces of the
NATO members, and therefore NATO strategically decided to pertain the war to only airstrikes. Thus,
leading to an extremely one-sided battle. Upon all this conflict the United Nations (UN) Security Council
(SC) submitted a resolution that suggested the implementation of peacekeeping forces in Kosovo,
alongside NATO. This is now known as Kosovo Force (KFOR), a peacekeeping force that ensured
safety and demilitarization of the KLA.
The current situation in Kosovo
After 7 years of NATO intervention and coalition with UN peacekeeping forces, there have been
heavily reduced incidents of violence, and negotiations began to take place to decide upon the final
status of Kosovo. In 2007, The UN Special Envoy delivered a draft resolution to the Security Council
calling for ‘supervised independence’ for Kosovo. This was however discarded due to not being able to
secure agreement between all P5 Nations; the Russian Federation rejected the resolution over concerns
regarding state sovereignty of Yugoslavia. Finally, in 2008, Kosovo declares its own independence, and
is free off Serbian rule. It was promptly recognized by many UN member states including: The United
States of America, the United Kingdom, and France. However, Russia and Serbia claimed that this
declaration of independence was illegal. Meanwhile, many Serbs in Kosovo challenged this
independence. Considering Russia’s Veto power, The UN had limited power to address the situation in
Kosovo; the European Union decided to intervene into the matter. The European Union created a group
called European Union Rule of Law Mission in Kosovo (EULEX). This group would oversee the events
occurring in Kosovo but mainly focus on the rule of law and keeping peace between the Balkan member
nations. In 2009, The International Court of Justice unanimously found that Kosovo was in no breach of
general international law through its declaration of independence. This emphasized the efforts of EULEX
and Kosovars alike. This then led to Talks starting in 2011 between Serbia and Kosovo in order to
attempt to find a resolution to their disputes. They came to an agreement regarding border crossings by
December. However, it must be known that the Serbs still do not consider Kosovo to be an independent
state. This then led to the first election in Kosovo, in 2013, since the declaration of independence in
2008, supported by Serbia. However, a rerun had to quickly be called after masked men reportedly
damaged ballot boxes across the region. This commotion meant that the election results did not return
anything conclusive, leading to political deadlock. Nevertheless, talk between Serbia, Kosovo and the
EU continue to be held, as their relationships improve slowly, but steadily.
Major Countries and Organizations Involved
NATO
The North Atlantic Treaty Organization was created after World War II by multiple member
nations. It’s goal is to maintain peace through the use of military in communist, developing nations.
NATO’s main goal was exactly this in Kosovo. To put an end to Milosevic’s regime and all the violence
and conflict between opposing forces. Furthermore, it put a large emphasis on creating a safe
environment for civilians and ensuring freedom of movement in Kosovo.
USA
The USA played quite a pivotal role in Kosovo, however, they were not directly involved. USA
played a key role in the NATO intervention, as they are a powerful member nation of NATO.
Furthermore, the USA did attempt to create peace between the Serbians and Kosovars, during the early
stages of conflict.
Kosovo Liberation Army (KLA)
The Kosovo Liberation Army was a militant group that played an essential role in driving the
Serbians out of Kosovo. Their approach seemed to be more effective than that of the non-violence
campaign, the DLK. Upon realizing that more pressure had to be put onto Milosevic, The KLA felt that
they had to threaten with violence. This sparked the conflict between Serbia and Kosovo, which had to
be dealt with by external, international forces.
Albania
At first Albania was in a very similar situation to Kosovo, but they luckily gained independence in
the early 20th century. Since the independence of Kosovo, Albania has been extremely empathetic
towards Kosovo. They have recognized the independence of Kosovo and already established numerous
negotiations regarding trade and communications.
European Union Rule of Law Mission in Kosovo (EULEX)
The European Union Rule of Law Mission in Kosovo was an extra measure taken by the
European Union, to ensure stability in the Balkan region. They were another support system for KFOR,
but mainly focusing on the judicial system and promoting piece between the Baltic nations.
Timeline of Events
Date
1913
Description of event
The Ottoman Empire is defeated by the four
Balkan states in the first of the Balkan
Wars. The treaty of London is signed on the
30th of May this year, which hands control of
Kosovo over to Serbia from the Ottoman
Empire.
1918
At the end of the First World War, the Allied
Powers pushed the Central Powers out of
Kosovo, and control of the region was given
to the Kingdom of Serbia on the 1st of
December.
1941
After the Axis invasion of Yugoslavia as
part of the Second World War, control of
Kosovo was mainly assigned to Albania,
which was under the control of Mussolini’s
Italy at the time. Control of the rest of
Kosovo was divided between Nazi
Germany and Bulgaria.
1946
Kosovo becomes an autonomous district (a
lower level of autonomy than an
autonomous province) of Serbia inside
Yugoslavia at the close of the Second
World War.
1963
Kosovo officially becomes an autonomous
province within Serbia
1974
The Yugoslavian constitution officially
recognizes the autonomy of Kosovo, and
grants the region its own legislative
assembly and judiciary.
1986
Future President of Yugoslavia Slobodan
Milosevic seizes control of Kosovo
1989
Now Yugoslavian President, Slobodan
Milosevic removes the section of the
Yugoslavian constitution laid out in 1974
that granted Kosovo autonomous powers.
1996
After believing the international community
had left the issue of Kosovo insufficiently
addressed in the Dayton Agreements at the
end of the Bosnian war, the Kosovo
Liberation Army, a paramilitary group,
started presenting armed resistance to
Yugoslav and Serbian forces in the region.
28th February 1998
The Kosovo War begins, fought between
the forces of the Federal Republic of
Yugoslavia and the KLA.
23 September 1998
The United Nations Security Council adopts
resolution 1199, demanding a ceasefire in
the region is drawn up.
December 1998
The ceasefire agreed to by both parties
breaks down and fighting resumes in the
region.
23rd March 1999
Concluding that peace talks had failed; the
issue of Kosovo was formally handed to the
North Atlantic Treaty Organization for
military action. Yugoslavia was promptly
bombed by NATO to force Milošević to
withdraw Yugoslavian forces from Kosovo.
June 1999
Milosevic agrees to an international peace
deal, NATO air strikes end. The UN pass
Security Council Resolution 1244,
authorizing the use of a NATO
peacekeeping force in Kosovo as well as
affirming Kosovo’s autonomy within
Yugoslavia.
2006
After many years with heavily reduced
incidents of violence, negotiations begin to
take place to decide upon the final status of
Kosovo.
2007
The UN Special Envoy delivers a draft
resolution to the Security Council calling for
‘supervised independence’ for Kosovo. This
was however discarded due to not being
able to secure agreement between all P5
Nations; the Russian Federation rejected
the resolution over concerns regarding
state sovereignty of Yugoslavia.
18th February 2008
Kosovo declares its own independence,
and was promptly recognized by many UN
member states including: The United States
of America, the United Kingdom, and
France. Russia claims that this declaration
of independence is illegal.
2010
The International Court of Justice finds
unanimously that Kosovo was in no breach
of general international law through its
declaration of independence.
March 2011
Talks begin between Serbia and Kosovo in
order to attempt to find a resolution to their
disputes, and an agreement regarding
border crossings is reached in December.
November 2013
The first elections are held in Kosovo since
the declaration of independence in 2008,
supported by Serbia. A rerun is quickly
called for after masked men are reported to
have damaged ballot boxes across the
region.
June 2014
The election results return inconclusive,
leading to political deadlock.
Relevant UN Treaties and Events and previous Attempts to solve the Issue

Resolution debated in the Security Council, regarding the situation in Kosovo, 10 June 1999,
(S/RES/1244)

Resolution that Yugoslavia was demanded to comply with, 24 October 1998, (S/RES/1203)

Consensus on the situation in Kosovo, GA resolution, 9 September 2010
There have been several attempts to solve the question of Kosovo. However, very few of them
actually benefited everyone in the long run. A wide range of tactics was used to reach peace in Kosovo.
We attempted a non-violent approach, through the LDK, towards an independent Kosovo. But this was
not effective at all, as Milosevic was not put under any pressure, and not given incentive to stop the war.
Conversely, the KLA tried the violent approach. Through the use of violent protests, riots and killings.
This only caused more tensions between the Kosovars and Serbs. Which ultimately led to the thousands
of deaths of both Serbs and Kosovars.
Many representatives from nations all over the world also attempted to negotiate between the two
sides, but were unable to make any progress. The USA did manage to create a cease-fire, but this
lasted a very short time, before being violated by Serbian troops. When NATO got involved, they first
tried to solve the issue diplomatically by providing Milosevic with a way out. However, this was not
accepted and therefore airstrikes had to be conducted. Which must have been a tough call, as many
civilians died, but the conflict had to be stopped.
Possible Solutions
Kosovo should remain as is. It should not be split or segregated, but it should become even more
diverse. Most importantly it should have an ethnic balance, and sense of harmony among the ethnic
groups. This will obviously take a lot of time to implement, however, with KFOR, EULEX and the UN
aiding in peacekeeping, we should see some form of unity among people in the coming years.
Furthermore, trade unions or blocks should be formed among Kosovo and other Baltic/European
nations, to help promote collaboration, and perhaps improve relationships. Another very important point
is to increase religious diversity as different cultures can come to learn, understand and accept
differences, rather than them being exploited. This is also another step for nations to prevent future
confliction to exploit ethnic groups such as the Kosovars. Supporting the victims and educating this
society, especially children, who hold the future, to help ensure such events don’t occur again in the
future. The involvement of more Non-Governmental Organizations and United Nations Organizations,
would greatly benefit the integration of communities.
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Forum:
Issue:
General Assembly 5th Committee (Administration and Budgetary)
Financing of the United Nations Interim Security Force for Abyei
(UNISFA)
Student Officer: Arinjay Singhai
Position:
Deputy Chair of GA5
Introduction
In May 2011, with South Sudan’s secession from Sudan rapidly approaching, tensions began to
flare over the sovereignty of Abyei, a region historically belonging to both South Kordofan and Bahr el
Ghazal states. With South Kordofan set to stay with the North and Bahr el Ghazal with the newly
autonomous South, Abyei became suspended in limbo, with both Sudanese parties claiming jurisdiction.
Infantries of the two opposing parties – the SAF (army of Sudan) and SPLM (army of South
Sudan) – have been at war ever since, in what is now known as the Third Sudanese Civil War. The
fighting has, thus far, killed up to 1500 civilians and displaced 500000 more.
In June 2011, the United Nations voted to institute the UNISFA (United Nations Interim Security
Force for Abyei), deploying peacekeepers in the region in order to maintain a ceasefire. Although, as
evident, both involved parties have repeatedly and subversively violated this, the UNISFA has played a
crucial role in reducing tensions and maintaining a degree of peace.
The funding of UNISFA has historically been derived from the UN Peacekeeping Assessed
Budget, to which Member States contribute annually. Additional contributions of personnel and
infrastructure have typically been made by regional states – Ethiopia, for example.
With the United Nations Security Council having recently renewed UNISFA until May 2017, with a
more specific mandate than ever, General Assembly is presented with the important task of identifying
the most efficient and convenient sources of funding for UNISFA’s short-term endeavors.
This report will elaborate in detail upon the premises and stakeholders of the Abyei conflict, as
well as the nature of UNISFA’s past, present and future involvement, and how UN Member States can
contribute to funding it.
Definition of Key Terms
Abyei
The Abyei Area is an area of approximately 2.6 million acres, located on the border of South
Sudan and Sudan. Due to its statutory location in two divided states, South Kordofan and Bahr el
Ghazal, its sovereignty is disputed and precipitated the Third Sudanese Civil War. In the lead up
to the events of June 2011, a referendum involving locals to determine the area’s loyalties had
been planned; however, with the forceful actions of the North’s military, such a referendum was
rendered impossible, and bitter conflict began.
Safe Demilitarized Border Zone (SDBZ)
In September 2012, Sudan and South Sudan agreed to establish a Safe Demilitarized Border
Zone (SDBZ) running 10 kilometers next to a central point on M nations’ border, to be monitored
by the Joint Border Verification and Monitoring Mission (JBVMM)
UNISFA
The United Nations Interim Security Force For Abyei (UNISFA) is an operation with the mandate
to monitor the volatile border between Sudan and South Sudan, manage the delivery of
humanitarian aid, and protect civilians and humanitarian workers in the contested area of Abyei.
As a UN Peacekeeping mission, it is funded by the UN Peacekeeping Budget, and furthermore
has the authority to use force in the defence of its mandate. The force was created on the
premise of an initial demilitarization in 2011, in order to maintain the peace, although its mandate
has changed repeatedly to deal with fall-outs from the war that nevertheless occurred.
UN Peacekeeping Assessed Budget
According to Article 17 of the Charter of the United Nations, every Member State is required to
make respective contributions towards peacekeeping. Through a special scale of criteria that
Member States have formulated themselves, which considers the relative wealth of states, the
General Assembly apportions peacekeeping expenditure as part of a broad, assessed
Peacekeeping Budget. Each mission then receives an individual budget based on requirements
as considered by the GA.
The Peacekeeping Budget crucially also encapsulates additional, non-returnable resources that
states may render available to support Peacekeeping efforts. These include things like
“transportation, supplies, personnel and financial contributions above and beyond their assessed
share of peacekeeping costs”. (UN).
Note that the Security Council’s P5 members are accountable for a larger share due to their role
at the helm of international peace and security.
Joint Border Verification and Monitoring Mission (JBVMM)
The Joint Border Verification and Monitoring Mission fulfills a mandate to work in the SDBZ, as
defined above. It is the UN-endorsed mechanism that runs the day-to-day enforcement of the
SDBZ area, as defined by a map agreed upon in 2011.
Sudan People’s Liberation Army (SPLA) = Sudan People’s Liberation Movement (SPL)
150000 personnel strong, the Sudan People’s Liberation Army (SPLA), or Sudan People’s
Liberation Movement (SPLM), is the military army of South Sudan. It was founded as a guerrilla
initiative at the beginning of the Second Sudanese Civil War in 1983, to represent the autonomyseeking people of the South. When the South seceded in 2011, the SPLM became the regular
army of South Sudan.
Background Information
What is the history of Sudanese conflict, and what is its premise?
Since its independence in 1956, Sudan has been plagued by internal turmoil between the North
and South regions. In these 60 years, Sudan has suffered three massive civil wars.
The First Sudanese Civil War stretched from 1955 until 1972. Over 17 bloody years of conflict,
500000 people perished in the South’s pursuit for greater autonomy and representation.
The Second Sudanese Civil War erupted in 1983, lasting 22 years. This conflict once again
centered upon a rebellious narrative, this time with properly established participants – here, the newly
founded SPLM fought the central government in order to gain autonomy for South Sudan.
The Third Sudanese Civil War is ongoing. In 2011, six years after the conclusion of the Second
War, the SPLA finally achieved its historical goal – to gain autonomy for South Sudan. However, a
seamless secession could not occur, as the oil-rich area of Abyei in South Kordofan presented a locality
– more accurately, an opportunity – that neither party wished to concede. It is upon this war that this
General Assembly Question is focused, as UNISFA finds itself operating in the throes of the ongoing
war.
As evident, there is a common theme to Sudanese conflict since the region’s independence – the
(now-achieved) desire of the South to split from the North. Objectively, there are understandable reasons
for this desire to separate.
Beginning 1899, Sudan (comprising the modern nations Sudan and South Sudan) was an Anglo
Egyptian ‘condominium’ (a political territory with control shared by Egypt and the United Kingdom).
When Sudan gained independence from this arrangement in 1956, its borders – much like the rest of
Africa’s – were drawn by colonial superpowers with little consciousness of the various realities and
tensions on the ground.
The Southern and Northern regions are diametrically opposite in most senses.
-
Topography: The South is saturated by forests and swampland, whereas the North is mainly
desert,
-
Language/Religion: Southerners are primarily Christians, while most Northerners speak Arabic
and practice forms of Islam
Throughout history, it is the Southerners who have felt discriminated against on account of these
clear differences. As soon as Sudan gained independence, it was decided that the central government
would be located in northerly Khartoum, - a clear vote of favor. This central government then proceeded
to make numerous attempts to impose Sharia law upon the entirety of Sudan, directly contravening the
beliefs of half the country. As such, the South felt marginalized as soon as the condominium was
abrogated, proceeding to engage in such concerted and violent attempts to gain autonomy.
UNISFA: Mandate and Budget
As defined above, the UNISFA is the UN’s peacekeeping mission in Abyei, the contested area in
the ongoing Third Civil War.
According to the UNSC Resolution 1990, which authorized its creation in June 2011, UNISFA
serves primarily to “monitor and verify the redeployment of any Sudan Armed Forces, Sudan People’s
Liberation Army (SPLM) or its successor from the Abyei area (such that) the Abyei area shall be
demilitarized from any forces other than UNISFA and the Abyei Police Service”. Under Chapter 7 of the
UN Charter, UNSC further authorized UNISFA to use force and take the necessary actions to protect
civilians and the UN presence in Abyei from “incursions by unauthorized elements and the imminent
threat of physical violence”.
This mandate was recently renewed, by UNSC Resolution 2318, to last until May 2017. Under
the accompanying cycle of the UN Peacekeeping Budget, UNISFA receives the 4th-least amount of
funding (with a gross total of approximately USD 284 million).
It is important to consider how this could be augmented, considering the past failures and future
prospects of what UNISFA aims to achieve.
UNISFA: Status Quo and Evolution
At present, after 5 years of brutal conflict between the North and South, the security environment
in Abyei is showing positive signs.
In August, four key parties, including the SPLM (South) and the National Umma Party (North),
agreed to sign upon the Roadmap Agreement. This is a peace and dialogue agreement which looks set
to finally open channels of communication with the involved parties. Moreover, in a groundbreaking
move this November, South Sudan finally acted upon a four-year old Cooperation Agreement (dating to
September 2012) – dictating that the two countries have to withdraw their troops 10 kilometres from
either side of the contested border. This move displayed South Sudan’s willingness to put an end to the
conflict, and brings the SDBZ a step closer to taking useful effect. With this positive outlook, there are
many avenues for the UNISFA to expand into (which would, of course, require more funding). Delegates
can consider a variety of possibilities as speculated later in the report.
Major Countries and Organizations Involved
United States of America (USA)
The United States of America has significant strategic interests in the Sudanese region, where it
spent USD1.2bn in 2015 alone. In fact, since 2005, Sudan has been the third largest recipient of
American aid after only Iraq and Afghanistan. Many past American presidents – including Obama
– have pushed for Sudan to be granted foreign policy priority. This concern may be attributed to
what experts call a “desire to see an African success story”, but could conceivably be based on
Sudan’s immense potential value to the oil industry. Seeing stability in the region – particularly
with regards to oil infrastructure – would be of great interest to the USA. Furthermore, as the
world’s single biggest contributor to the Peacekeeping Budget (28.57%), the nation would be very
capable of backing any protective endeavors.
United Kingdom (UK)
As aforementioned, united Sudan was a Anglo-Egyptian condominium until 1956, signifying that it
was essentially under British colonial rule. Britain has long-standing historical ties with Sudan. In
the modern world, Britain is the sixth-biggest contributor to Peacekeeping, and the second
biggest single country donor to Sudan in the world, donating GBP175m since 2003. After having
pledged great support to resolving the Darfur crisis, Britain would likely maintain a similar attitude
towards offering resources in this one.
People’s Republic of China (China)
China, like the US, has strategic interests in the security of Sudanese relations. The Republic
maintains a trade partnership with Omar al-Bashir’s Sudan. Along with providing weaponry,
China has significant investment in the Sudanese oil industry. Three-quarters of this industry is
located along the restive border in Abyei. If instability increases, China’s investment will come
into great jeopardy. China provides the second biggest monetary contribution to peacekeeping,
and contributes more troops than any other P5 nation.
Ethiopia
Ethiopia is in an awkward position in the throes of this conflict. Refugees from the Kordofan
region are spilling over into Ethiopia, putting a great strain on their economy. Nevertheless,
Ethiopia has taken a constructive approach towards the situation since its very beginning in June
2011, immediately offering peacekeeping troops to both the North and South. Today, Ethiopia
has the greatest number of peacekeepers on the ground in the region, helping to secure borders
and prevent the displacement of citizens.
Sudan and South Sudan
Sudan and South Sudan are the central parties in this issue. As detailed, their history is
tumultuous, but collaborative measures are beginning to materialize. The Joint Peace and
Security Mechanism, something that both nations have agreed to pursue, is expected to improve
channels of communication. Both nations maintain their respective claims to the Abyei region, but
with the Roadmap agreement (involving 4 parties, from both the South and North) and JPSM,
prospects for a secure environment at the Abyei border – the priority – seem more positive.
However, an accusatory dynamic still exists in Sudanese relations, particularly pertaining to what
are seen as uni-lateral actions. Recently, the North came under criticism for attempting conduct
excavations at the Diffra Oil facility – UNISFA condemned this action as a violation of a 2011
agreement, while powerful allies Russia, China and Venezuela lent their endorsement.
Until these issues can be resolved – perhaps using a framework like the Abyei Administration
Council which the UN is pushing for – prospects may be good but progress will be limited.
Timeline of Events
Date
Description of event
19 May 2011
Southern forces attacked a Sudan Armed Forces (SAF) convoy escorted by
UNMIS in Abyei, killing at least 22 SAF personnel.
20 June 2011
The government of Sudan and the Sudan People’s Liberation Movement
(SPLM) signed an agreement on temporary arrangements for the administration
and security of the Abyei area.
The Security Council established the UN Interim Security Force in Abyei
(UNISFA).
27 June 2011
South Sudan and Sudan establish SBDZ, UNMIS withdraws
July 2011
Roadmap Agreement signed by opposition forces, including SPLM and Islamic
Party of Sudan
August 2016
Relevant UN Treaties and Events
The UN is at the heart of this issue. UNISFA is central to maintaining security in Abyei and is a
UN body under a UN mandate, funded by the UN Peacekeeping budget.
UNISFA has been constantly updated and refocused by United Nations Resolutions, including:

UNSC Resolution 1990
o

UNISFA is established after tensions in South Kordofan escalate
UNSC Resolution 2024
o
The mandate of UNISFA is broadened with a focus on border normalization
o
South Sudan and Sudan are exhorted to keep to the stipulations of the SDBZ and
cooperate with JBVMM

UNSC Resolution 2032

Called for the creation of the Abyei Area Administration and Police Service, a body which
never came to fruition

This essentially only served to recall Resolution 1889, which called for the inclusion of
women at all stages of peace processes

UNSC Resolution 2046

Extended the mandate of UNISFA

Called for bi-weekly updates on the situation to be delivered to the Secretary General
In addition to this, there have been regular renewals of the UNISFA mandate, including most
recently in November 2016 – UNISFA will now be operative in Abyei until at least May 2017.
Previous Attempts to Solve The Issue
Attempts to end previous civil wars were generally fruitless – the South continued to want for
autonomy, while Sudan, controlled by the North, would not grant this. When the South finally gained
secession in 2011, many thought this would bring an end to conflict. However, Abyei emerged as a sore
point, rendering this secession incapable of resolving the Sudanese civil crisis.
Within the current Abyei situation, the main endeavor of UNISFA was to institute the SDBZ, as
defined above. Initially placed under the jurisdiction of the JBVMM, it was suspended when South Sudan
withdrew in November 2013. However, in 2014, South Sudan backtracked and re-pledged its
commitment to the JBVMM, leading the UNISFA to recommence operation of the SDBZ. True progress
was not made, though, until the zone’s ‘central point’ was conclusively established in October 2015.
Before this, disputes regarding the aforementioned central point had given both parties grounds
to violate the terms of the SDBZ, as well as accuse each other of manipulating its jurisdiction. As such,
the success of the SDBZ had been greatly impaired, with disruptive parties such as the SPLM still able
to act within it. Looking forward, the SDBZ has potential to work, but only if the Roadmap Agreement and
JPSM yield collaboration and ceasefire pledges (particularly on the part of the SPLM).
The Roadmap agreement itself is promising. Its signing was greeted with raucous support from
the UN and international powers such as the UK, and finally binds opposition groups of polar religion and
motive to some kind of peace framework.
Possible Solutions
Firstly, the Roadmap agreement bodes well for Abyei in the long term. Delegates may wish to
consider the possibility of, over time, removing peacekeeping personnel from the Abyei region in general
in order to free up funding for other pursuits.
Secondly, the development of the SDBZ – presided over by the UNISFA – means that the
JBVMM will need to become more operational. For this, more border police would need to be mobilized.
An effective solution may involve the aforementioned reduction of peacekeeping in Abyei and
replacement with trained border police. The funding of such an endeavor by member states could come
either through payment for training, or the direct provision of border officials. Delegates may consider
calling on neighboring nations to provide personnel.
Another necessity for the JBVMM is an effective base. Reconnaissance (particularly aerial) is the
JBVMM’s biggest existing weakness, and furthermore, the involvement of additional troops would require
a larger logistics center; such factors suggest it would be prudent to establish a permanent United
Nations logistic presence near the border in order to assist in maintain peace. Considering it took
approximately USD82m to construct such a base in Brindisi, Italy, a similar budget may be worth
allocating.
Other endeavors are also worth pursuing (both dependent and independent of any such base).
Aiding the UNMAS (United Nations Mine Action Service) to remove 100 percent of landmines and ERW
in the Abyei Area must be a priority – on this front, delegates may consider calling for the usage of the
Voluntary Trust Fund for Assistance in Mine Action.
With a view to the long term, delegates should also consider the protection of resources in Abyei.
The principal reason for the area’s contestation is its abundance of oil. At present, there are intermittent
unilateral attempts by South Sudan to use their Diffra Oil Police as security – a practice which the
Security Council has officially condemned. UNISFA, until the Roadmap Agreement is wildly successful,
will be the only party neutral enough to act in such capacity. Delegates should consider the funding of
infrastructure and personnel to conduct this role a priority.
Overall funding matters should also be considered in any resolutions. For the most recent
reporting period, UNISFA’s expenditure was USD255.4m, which represented a 77.6% resource usage
rate, down from 99.97% the previous period. This suggests that there is an inefficiency in resource
usage (as discussed above with regards to stationing personnel in increasingly secure areas) which
should be addressed presently.
Construction projects in Abyei have proved to be consistently behind schedule. Although the
General Assembly has accepted the necessity for infrastructural development, the Secretary General
opines that a budget cut of 48.3% (amounting to USD21.9m) should be implemented, on account of the
regular delays. It is utterly crucial that delegates should identify the infrastructural projects of priority (a
base, for example) and ensure that no such budget cuts are allowed to take place. Clear stipulations
should be made to ensure that a resolution upholds UNISFA’s ability to develop, particularly as Abyei
looks to sustain the security it is starting to experience.
However, in response to the delays, delegates may consider funding expert personnel to
negotiate the legal and architectural obstacles that the projects experience.
Appendix or Appendices
I.
Detailed Timeline of Sudanese Conflict:
a. http://www.securitycouncilreport.org/chronology/sudansouth-sudan.php?page=1
II.
Peacekeeping Statistics
a. UNISFA - http://www.un.org/en/peacekeeping/missions/unisfa/facts.shtml
b. Overall - http://www.un.org/en/peacekeeping/operations/financing.shtml
Bibliography
"Abyei (UNISFA) - Better World Campaign." Better World Campaign. N.p., n.d. Web. 03 Dec. 2016.
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"Anglo-Egyptian Sudan." Wikipedia. Wikimedia Foundation, n.d. Web. 03 Dec. 2016.
"C5.70 : Resolutions and Decisions." United Nations. United Nations, n.d. Web. 03 Dec. 2016.
"Financing Peacekeeping. United Nations Peacekeeping." United Nations. United Nations, n.d. Web.
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"General Assembly, Resolutions, Commissions, Budget, Administration." United Nations. United
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"OVERVIEW OF UNMAS FUNDING." UN Mine Action Gateway | Funding. N.p., n.d. Web. 03 Dec.
2016.
"Safe Demilitarized Border Zone (SDBZ)." HSBA - Border/Disputed Areas - Safe Demilitarized Border
Zone (SDBZ). N.p., n.d. Web. 03 Dec. 2016.
"Second Sudanese Civil War." Wikipedia. Wikimedia Foundation, n.d. Web. 03 Dec. 2016.
"Second Sudanese Civil War." Wikipedia. Wikimedia Foundation, n.d. Web. 03 Dec. 2016.
"Security Council." Report of the Secretary General on the Situation in Abyei 16.2, Africa and
International Organization (1962): 422-25. Web.
"Sudanese Conflict in South Kordofan and Blue Nile." Wikipedia. Wikimedia Foundation, n.d. Web. 03
Dec. 2016.
"Sudanese Opposition Groups Sign Peace Roadmap, Say Ready to Engage in Peace
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"Sudan/South Sudan : December 2015 Monthly Forecast : Security Council Report." Sudan/South
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2016.
"Sudan/South Sudan : November 2016 Monthly Forecast : Security Council Report." Sudan/South
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Forum:
General Assembly 5th Committee
Issue:
Financing of the United Nations Disengagement Observer Force
(UNDOF)
Student Officer: Vincent Miča
Position:
Deputy Chair
Introduction
The border between Israel and Syria
has been guaranteed by the United Nations
Disengagement Observer Force (UNDOF)
since 1974 and now in the words of the
Secretary-General the mission became
‘essential’ part of the order in the Middle East.
UNDOF controls a strip of land 75km long,
200m to 10km wide, that rests between the
Israeli controlled Golan Heights and Syria
(please see map to the right, BBC, 2014). This
is the result of the Six-Days War of 1967 and
the Yom Kippur War of 1973, that culminated
with the 1974Israel-Syria Agreement on
Disengagement and the Security Council
resolution 350.
The UNDOF currently continues to carry out its mandate in difficult conditions due to the Syrian
Conflict that caused not only casualties to the peacekeeping troops, but also resulted in their kidnapping,
with subsequent release. As such, since July 2014, the mission re-positioned behind (to the west of) the
Alpha line (that is the western border of the corridor, please see map in Appendix II for clear
annotations), and now bases itself in Israeli territory. Nonetheless, UNDOF still completes its mandate of
maintainingthe area of separation between Israeli and Syrian forces, and of supervising the adherence to
the area of limitation. Furthermore, the UNDOF supports the International Committee of the Red Cross
(ICRC) vis-à-vis the passage of goods, mail, and persons across the area of separation, additionally
providing medical treatment to the local population. Along with the Syrian government UNDOF
contributes to the elimination and raising awareness of minefields. In all of its efforts UNDOF is
committed to reducing its environmental impact upon the area.
The Security Council resolution 2294 extended the UNDOF mandate to the 31 of December
2016, which is 6 months short of the currently approved budget of $47,714,100 that is valid through to 30
of June 2017 as per the Fifth Committee’s budget (A/C.5/70/24). The current budget allocation is
$10,000 shy of the recommended amount by the Secretary-General in his repot A/70/695 from 22 of
January. The current appropriation is however, in line with the report by the Advisory Committee on
Administrative and Budgetary Questions A/70/742/Add.1* from 14 of April 2016. The most recent report
of the Secretary-General to the Security Council is from the 20 of September (S/2016/803). It discusses
the difficulties posed by the surrounding conflict and the plans for return to the pre-conflict conditions,
and will be the basis of the probableSecurity Council decision to extended UNDOF mandate
Definition of Key Terms
Disengagement
Disengagement refers to cessation of conflict between Israel and Syria. It is the primary
object of the UNDOF’s mandate, which it has to “scrupulously” follow as per the Agreement on
Disengagement.
Area of Separation
Area of separation refers to the area between Alpha and Bravo lines as indicated on the
deployment map in appendix II. This area remains under Syrian administration and Syrian
civilians are allowed to reside in the area, thus the Alpha line functions as the de facto border
between Israeli and Syrian controlled land. None may cross the Alpha line without permission
from the UNDOF. Furthermore, this area is demilitarised, including its airspace.
Area of Limitation
Area of limitation refers to the collection of three zones from the area of separation (in
both westward and eastward directions), firstly 0-10km, secondly 10-20km, and thirdly 20-25km.
Only limited number of military forces may enter into the area of limitation with specifics differing
between the zones, and it is up to UNDOF to patrol said area and insure that Israel and Syria
abide by the set regulations.
Golan Heights
The Golan Heights is a region located in the area between theceasefire line of the 1948st
1949 1 Arab-Israeli War and the current Alpha line of the UNDOF mission. It has been under
occupation by Israel since the Six-Days War of 1967.
Background Information
The escalation of tensions between Syria and Israel seemed to be unstoppable following the
eruption of the Yom Kippur War of 1973, which was itself a reaction to the Six-Day war that allowed
Israel to expand its territory to the Sinai and more pertinently, the Golan Heights. The resuming of short
term conflict during March 1974,made apparent that the resolution 338 and US-USSR brokered
ceasefire would not hold. This was the impetus that launched the drafting and eventual adoption of the
Security Council resolution 350 on 31 May 1974. This resolution set in Israel-Syria Agreement of
Disengagement (note that it is not a peace treaty, but merely a ceasefire), as per the Secretary-General
Report S/11302/Add.1 from 30 May 1974.
The two countries agreed to the following UNDOF protocol as found in annex B of the
aforementioned report:
-
UNDOF shall scrupulously observe the ceasefire
-
UNDOF will supervise the agreement and its protocol as a whole
-
UNDOF will adhere to the general laws and regulations of Syria, and will not impede the civilian
administration
-
UNDOF will enjoy freedom of movement and communication
-
UNDOF will be of mobile nature with defensive weapons that may be used only in self defence
-
The force of UNDOF will be of about 1,250 as selected by the Secretary-General, granted they
are not from the permanent 5 member states
-
The UNDOF is under the command of the United Nations, vested in the Secretary-General,
under the authority of the Security Council
-
The UNDOF must create reports to both states as it carries out regular inspections no less than
once every 15 days and whenever requested by either side
-
UNDOF mandate is set for 6 months and is set for semi-annual consideration by the Security
Council
In addition, both countries expressed their deepest support for the mission and desire to support
any resolution that deals with the issue of UNDOF. Since the commencement of the mandate both sides
praise its contribution to the maintenance of the ceasefire.
The region remained in peace, and the UNDOF was able to carry out its mandate unimpeded. In
December of 1981 the first Israeli settlements appeared in the Golan Heights and the rule of Israeli law
spread into the region. This de facto annexation has not been acknowledged by the international
community and remains a large point of disagreement between Syria and Israel. Over the years there
have been several peace talks attempted, most notably in October of 1991 in Madrid, the 1996 peace
talks that were derailed by the death of the Israeli Prime Minister Yitzhak Rabin, and the peace talks in
Shepherdstown, USA that took place between 3-9 January 2000. All of these talks were unsuccessful as
the issue of the Golan heights could never be fully resolved.
The UNDOF reduced its military and civilian staff in order to lower the budget costs in 1992,
which was seen as a non-issue since the region was stable and the mandate was carried out effectively.
This was most notably seen in the 1993 relocation of the headquarters from Damascus, into camp
Faouar. Only in 2007 there has been an incident whereby there was an air to ground strike by the Israeli
air force on abandoned military buildings in Syrian territory. While never acknowledged by the Israeli
government, it is held true by western and even US sources. Even over this incident back channel peace
talks resumed with Turkish mediation in 2008. Later in September 2010 official confirmation of these
talks was announced by the Syrian Foreign Minister in the General Assembly. However, these did not
come to fruition due to the incident of 15 May 2011 where Israeli forces killed 4 Palestinian refuges trying
to cross into the Golan Heights from Syria during the al-Nakba protests. Since then no peace talks have
been attempted. Nonetheless, that may be more due to the rising tensions in the region and the spread
of the Arab Spring into Syria.
Syrian Crisis
The Syrian Crisis, or also known as the Syrian Civil War, started to impact the UNDOF firstly in
March of 2013 when the clashes between the Rebel groups and the Government forces spilled into the
region. Series of abductions took place between middle of 2013 up until late 2014 where any hostages
were released unharmed. The motivations were mixed, some issuing demands, some seeking simple
publicity, and others trying to ‘shame’ the Syrian government by demonstrating the government’s lack of
power in the region. Regardless of the motives, the consequences were that namely Austria and the
Philippines commenced withdrawal talks in regards to their troops stationed at the mission. This was
further exasperated by the temporary withdrawal of non-essential non-military units from the region.
However, no major reorganisation followed, besides the relocation of the headquarters behind
the Alpha line, and the use of stronger language pertaining to the safety of the personnel in the mandate
extension by the Security Council. Since 2014 no major incident occurred thanks to the relocation of the
conflict from the region. Currently the situation is tense with security of the area under question.The
gradual relocation to pre-conflict position is advised security conditions permitting. Nonetheless, the
conflict had shown the vulnerability of the troops of the mission, but also the determination of the
personnel and the UN in keeping the mission operational.
Major Countries and Organizations Involved
State of Israel
Israel is one of the two parties in the agreement for disengagement and it is detrimental that it
continues to cooperate in order for the mandate of the UNDOF to be completed successfully. It is also
now the host of the temporary headquarters as they have been moved to the west of line Alpha due to
the Syrian Conflict.
Syrian Arab Republic
Syria is the other party in the agreement for disengagement and it administers all of the territory
west of the alpha line, including the area of separation. Furthermore, it is Syria in which the old and now
vacant headquarters are located, Damascus and camp Faouar respectively.
The Hashemite Kingdom of Jordan
Jordan forms the southernmost tip of the area of separation, and its good will is required for the
peaceful implementation of the mandate. Jordanian mediation was especially important in the rescue of
the hostages captured by al-Nusra Front in 2014.
Lebanese Republic
Lebanon-Syria border is currently the sight of many escalations near the area of limitation and
separation. It is the responsibility of UNODF to make sure that threats in the area a neutralised without
jeopardising the original mandate.
.
United Nations Truce Supervision Organisation (UNTSO)
The very first UN peacekeeping mission, established in May 1948, still remains true to its original
mandate of helping establishing lasting peace throughout the middle east. It now cooperates with the
UNDOF, and the United Nations Interim Force in Lebanon (UNIFIL), whereby it provides military
expertise to the former via the Observer Group Golan.
Observer Group Golan (OGG)
The OGG is a group of around 50 UNTSO Military Observers who are dispatched to the UNDOF
in order to aid in carrying out its mandate and support them in necessary missions through ‘continuous
observation and situational awareness’.
TroopContributing Countries
There are 839 troops as of 18 September 2016 from the following countries:

Bhutan

Czech Republic

Fiji

Finland

India

Republic of Ireland

Nepal

Netherlands
There are furthermore 58 international staff and 110 local civilians, all supporting the mission on
the ground.
Timeline of Events
Date
Description of event
5-10 June 1967
Six-Day War
6-25 October 1973
End of Yom Kippur War
25 October 1973
Negotiation of ceasefire by the USA and USSR through Security Council
resolution 338
31 May 1974
Signing of the Israel-Syria Agreement on Disengagement, and the Creation of
the UNDOF by the Security Council resolution 350
November 1974
First mandate extension of the UNDOF by the Security Council
June 1979
OGG is created and staffed
December 1981
First Israeli settlements in the Golan Heights, with imposition of Israeli law
June 1992
UNDOF budget is decrease and there is a 15% reduction in both civilian and
military staff
July 1993
UNDOF Headquarters relocated from Damascus to Camp Faouar
3-9 January 2000
Peace talks held between Israel and Syrian in the USA, however these were
abandoned due to the issue of the Golan Heights
6 September 2007
Israeli air to ground strike on empty military buildings inside of Syria
May 2008
Indirect peace talks between Syria and Israel with Turkey as the mediator
15 May 2011
Four Palestinian refugees are killed by Israeli forces while crossing from Syria
into the Golan Heights during the al-Nakba protests
March 2013
First UNDOF casualties as caused by the Syrian Civil War
30 August 2014
Latest kidnapping of UNDOF troops by al-Nusra Front and the closure of the
crossing point at Qunaytirah.
11 September 2014
Troops released from captivity
29 June 2016
Most recent extension of UNDOF mandate as per Security Council resolution
2294
1 July 2016
Most recent allocation of funds for UNDOFas per Fifth GA Committee
A/C.5/70/24
31 December 2016
End of authorisation
30 June 2017
Requires reallocation of funds
Relevant UN Treaties and Events
Security Council Resolutions:

Resolution 242 (1967)

Resolution 338 (1973)

Resolution 350 (1974)

Resolution 2294, 29 June 2016 (S/RES/2294)
General Assembly Resolutions/Documents:

Financing of the United Nations Disengagement Observer Force,12 July 2016 (A/RES/70/279)

Approved resources for peacekeeping operations for the period from 1 July 2016 to 30 June
2017, 22 June 2016 (A/C.5/70/24)
Reports of the Secretary-General:

Israel-Syria Agreement on Disengagement, 30 May 1974 (S/11302/Add.1)

Budget for the United Nations Disengagement Observer Force for the period from 1 July 2016 to
30 June 2017, 22 January 2016 (A/70/695)

Report of the Secretary-General on the United Nations Disengagement Observer Force for the
period from 21 May to 29 August 2016, 20 September 2016 (S/2016/803)
Reports of the Advisory Committee on Administrative and Budgetary Questions:

Budget performance for the period from 1 July 2014 to 30 June 2015 and proposed budget for
the period from 1 July 2016 to 30 June 2017 of the United Nations Disengagement Observer
Force, 14 April 2016, (A/70/742/Add.1*)
Previous Attempts to solve the Issue
The funding of the UNDOF as per articles №17 and №57 of the Charter of the United Nations is
approved by a General Assembly resolution. The mandate is extended by the Security Council on semiannual bases. The UNDOF operates continuously since 1974, and historically in very good standing,
with the recommended budget of the Secretary-General being very accurate. While the mandate
remains unchanged, the budget remained flexible to the needs of the operation throughout the years.
Adjusting to the immediate needs of the operation are paramount to it staying an effective force on the
ground. The budget of the previous fiscal year is assessed by the Secretary-General during the current
fiscal year, while at the same time a proposed budget is formulated for the next.
Please refer to the table below taken from the report of the Advisory Committee on Administrative
and Budgetary Questions(A/70/742/Add.1*) for a breakdown of the appropriation and expenditure of
funds by the UNDOF.
Appropriation for 2014/15
$64,110,900
Expenditure for 2014/15
$63,196,700
Underexpenditure for 2014/15
$914,200
Appropriation for 2015/16
$51,706,200
Projected expenditure for 2015/16a
$50,045,200
Estimated underexpenditure for 2015/16a
$1,661,000
Proposal submitted by the Secretary-General for 2016/17
$47,723,400
Recommendation of the Advisory Committee for 2016/17
$47,714,100
a
Estimates as at 31 January 2016.
As per the Fifth’s Committees breakdown of the peacekeeping budget for the fiscal period from 1
July 2016 to 30 June 2017(A/C.5/70/24), UNDOF budget breakdown is as follows:
Category
Cost in US Dollars ($)
Military and police personnel costs
22 352 200
Civilian personnel costs
14 331 200
Civilian electoral observers
-
Consultants
-
Official travel
629 700
Facilities and infrastructure
5 848 900
Ground transportation
1 724 000
Air transportation
-
Naval transportation
-
Communications
733 300
Information technology
642 300
Medical
323 700
Special equipment
Other supplies, services and other equipment
1 128 800
Enterprise resource planning
-
Information and systems security
-
Possible Solutions
The response to the current difficult situation vis-à-vis the Syrian Conflict can take several forms.
Firstly, it is possible to expand the budget of the mission in order to allow for the fulfilment of the troop
limit and thus expand the capabilities of the mission. Further increases would allow for the expansion in
the stock of equipment and other defensive weaponry. This would make possible a construction and
maintenance of a more impermeable area of separation and allow for a more logistically flexible
response in the area of limitation.Example of this can be seen in the 2013 proposal for unmanned
vehicles to be used in the region by the mission, which did not occur however from the lack of support on
the sides of Israel and Syria,rather than from lack of funding per se. Secondly, the mission could remain
with the current level of funding. The mission has remained operational for the past several years during
the conflict with no large scale increases in its budget. Depending on the eventual cessation of the
Syrian Conflict it might return to it pre conflict status quo within the fiscal year.
Regardless of the decision whether to modify the budget of the UNDOF, the mandate should be
extended as the UNDOF became a seemingly permanent fixture in the ever-changing order of the
Middle East. It is imperative that the mission remains operational as it has guaranteed peace in the
border region for over 40 years, and will have to do so until a viable and long term peaceful situation is
established. Therefore, withdrawal of funds is inadvisable as that would destabilise the region.
Nonetheless, it is not an indefinite solution and an eventual settlement of the conflict must be created in
order to allow the mission to cease operation.
Bibliography
BBC. "BBC News." Philippine Troops 'Attacked in Syria's Golan Heights', 30 Aug. 2014,
http://www.bbc.com/news/world-middle-east-28994849. Accessed 13 Dec. 2016.
---. "Syria conflict: Rebels release Fijian UN peacekeepers." BBC News, 11 Sept. 2014,
http://www.bbc.com/news/world-middle-east-29161884. Accessed 13 Dec. 2016.
Lally, Connor, and Peter Murtagh. "Irish Troops Fired on by Syrian Rebel Units." The Irish Times, 29
Nov. 2013, http://www.irishtimes.com/news/world/middle-east/irish-troops-fired-on-by-syrianrebel-units-1.1610984. Accessed 13 Dec. 2016.
Rosen, Armin. "The UN Is Pulling Most of Its Peacekeepers out of Syria as Situation 'Deteriorates
Severely.'" Business Insider, 15 Sept. 2014, http://www.businessinsider.com/the-un-iswithdrawing-from-parts-of-the-golan-2014-9. Accessed 13 Dec. 2016.
Security Council Report. "Chronology of Events: Golan Heights (Israel/Syria)." Security Council Report,
Sept. 2016, http://www.securitycouncilreport.org/chronology/golan-heightsisraelsyria.php?page=all&print=true. Accessed 13 Dec. 2016.
UNDOF. "UNDOF Deployment June 2016." United Nations, June 2016,
http://www.un.org/Depts/Cartographic/map/dpko/undof.pdf. Accessed 13 Dec. 2016. Map.
United Nations. "Article 9 of the UN Charter." United Nations Charter, 2016,
http://www.un.org/en/sections/un-charter/chapter-ix/index.html. Accessed 13 Dec. 2016.
United Nations Security Council. "Resolution 350 (1974)." Prospects for Peace, 2016,
http://www.prospectsforpeace.com/Resources/UN/UNSCR351.pdf.pdf. Accessed 13 Dec. 2016.
---. "Resolution 338 (1973)." Office of the United Nations Special Coordinator for the Middle East Peace
Process, 2016, http://www.unsco.org/Documents/Resolutions/S_RES_338(1973).pdf. Accessed
13 Dec. 2016.
Appendices
Appendix I: Useful Links
The report finding website of the Advisory Committee on Administrative and Budgetary Questions, which
includes not only their reports, but also other related UN
documents:http://www.un.org/ga/acabq/documents/all?type%5B%5D=report&type%5B%5D=document&
keys=UNDOF
The Security Council website that provides adopted resolutions since the year 1946:
https://www.un.org/en/sc/documents/resolutions/2016.shtml
The General Assembly website which provides adopted GA resolutions for all sessions:
http://research.un.org/en/docs/ga/quick/regular/71
Chronology of events pertaining to the UNDOF by the Security Council Report website:
http://www.securitycouncilreport.org/chronology/golan-heights-israelsyria.php?page=all&print=true
The website of the UNDOF: https://undof.unmissions.org
Appendix II: Deployment Map as of June 2016
Forum:
General Assembly 5th Committee
Issue:
Financing of the United Nations Interim Force in Lebanon (UNIFIL)
Student Officer: Aisha Dosanjh
Position:
Committee Chair
Introduction
The Israeli-Lebanon conflict is one
which has been going on for a number of
decades, starting with tensions in the early
1970s. Like many other conflicts going on in
the Middle East at the time, the tensions
along the Israeli-Lebanon border was part of
the much larger Arab-Israeli conflict which
ignited in 1948 when five Arab nations
(including Lebanon) invaded Israel in an
attempt to claim the area of Palestine. This,
as well as the consequent wars, pushed
thousands of Palestinians to flee into
neighbouring Arab countries, causing
several Palestinian guerrilla armies like the
Palestinian Liberation Organisation (PLO) to
terrorise Israel. Having been expelled from
Jordan after instigating and losing in the Jordanian Civil War of 1970 against the Hashemite monarchy,
the PLO relocated to Lebanon, intensifying tensions already present along the Israeli-Lebanon border.
In 1978, the PLO launched an attack raid on Israel, and in response Israeli forces invaded
Lebanon, occupying the entire southern part of the country except for the city of Tyre and its surrounding
area in just a few days. Following the subsequent protest from the Lebanese government, the UN
Security Council adopted resolutions 425 and 426 calling for Israel to cease its military action and
withdraw its forces from all Lebanese territory as well as the immediate establishment of an interim force
to supervise this withdrawal. Hence was the creation of the United Nations Interim Force in Lebanon
(UNIFIL).
Definition of Key Terms
Blue Line
The Blue Line is a border demarcation between Israel and Lebanon, put in place by the United
Nations in order to judge whether Israel had fully withdrawn all military forces from Lebanon.
Demarcation
A demarcation line is a geopolitical border separating two nations or areas, often agreed upon
after an armistice or ceasefire.
Interim Force
An interim force is a temporary peacekeeping mission deployed with the purpose of intervening
and settling conflict.
Guerrilla Army
A guerrilla army or militia group is a non-professional, politically-influenced military force which
engages in rebel, resistance, or terrorist activity, often with the intention of defending rights which
they believe are being infringed upon by the government(s) of the state(s).
Background Information
On the night of the 14th March 1978 following the terrorist attack on two Israeli buses near TelAviv by the PLO, the Israel Defence Forces (IDF) invaded southern Lebanon in an attempt to clear out
PLO bases south of the Litani River. The following day, the Lebanese Government presented a strong
protest to the UN Security Council, explaining that it was not a part of the commando attack and is not
responsible for the actions of the Palestinian resistance.
Resolution 425 (1978)
With the intention of supervising Israeli withdrawal as well as the creation of a buffer zone in
southern Lebanon free from guerrilla armies and terrorist or resistance groups, the UN Security
Council adopted resolution 425 (and 426, approving the report of the Secretary-General Kofi
Annan on the implementation of resolution 425, including guidelines for the operations of
UNIFIL). The operative clauses of the resolution are as follows:
1. Calls for strict respect for the territorial integrity, sovereignty and political independence of
Lebanon within its internationally recognized boundaries;
2. Calls upon Israel to immediately cease its military action against Lebanese territorial integrity and
withdraw forthwith its forces from all Lebanese territory;
3. Decides, in the light of the request of the Government of Lebanon, to establish immediately under
its authority a United Nations interim force for southern Lebanon for the purpose of confirming the
withdrawal of Israeli forces, restoring international peace and security, and assisting the
Government of Lebanon in ensuring the return of its effective authority in the area, the force to be
composed of personnel drawn from States Members of the United Nations;
4. Requests the Secretary-General to report to the Council within twenty-four hours on the
implementation of this resolution.
UNIFIL Establishment and Israeli Withdrawal
As per clause 3 of UN Security Council resolution 425, the United Nations Interim Force in
Lebanon (UNIFIL) was established at the request of the Lebanese Government. The force was created
for three broadly defined purposes as listed below:
i.
Confirming the withdrawal of Israeli forces;
ii. Restoring international peace and security;
iii. Assisting the Government of Lebanon in ensuring the return of its effective authority in the area.
The first UNIFIL troops arrived on the 23rd March 1978.
Lebanon Invaded Again
On the 6th June 1982, the IDF invaded southern Lebanon once more after continual crossfire
between the IDF and the PLO, under the name of “Operation Peace for Galilee”. The military operation
was launched after Abu Nidal Organisation (ANO) attempted to assassinate Shlomo Argov, Israel's
ambassador to the United Kingdom. Israeli Prime Minister Menachem Begin blamed the PLO for the
initial attack and considered the incident to be a cause for war, leading the IDF to invade Lebanon up to
the outskirts of Beirut, the west Bekaa, and Mount Lebanon.
For the following three years, UNIFIL was limited to providing protection and humanitarian
assistance to the local population behind Israeli lines. In 1985 Israel carried out a partial withdrawal, but
it remained in control of an area in southern Lebanon manned by the Israel Defence Forces (IDF) and by
Lebanese de facto forces (DFF), later known as the South Lebanon Army (SLA). In this time, the
Security Council tried to work with the Government of Lebanon and uphold respect for Lebanon’s
territorial integrity, sovereignty, and political independence and extend the mandate of UNIFIL, while the
Secretary-General continued his efforts to get Israel to withdraw from the area.
Israeli Withdrawal
On the 16th May 2000, the IDF/DFF started to withdraw from Lebanon amid crossfire and on the
16th June 2000 the Secretary-General reported to the UN Security Council that Israel had withdrawn its
forces in correspondence with the Blue Line established by the UN, the DFF had been dismantled, and
all detainees held at Al-Khiam prison had been freed. In this time, UNIFIL continued to patrol the Blue
Line on a daily basis as well as provide humanitarian resources to the local civilian population in
conjunction with the Government of Lebanon and the Lebanon Armed Forces (LAF).
Israel-Hezbollah War
Until July 2006, the main focus of UNIFIL was to maintain ceasefire along the Blue Line through
patrols and observations, quelling minor hostilities such as sea and air violations of the withdrawal line in
addition to occasional crossfire, clearing mines, and disposing of materiel. On 12th July 2006, Hezbollah
(a Shi'a Islamist militant group and political party based in Lebanon) launched rockets from Lebanese
territory across the Blue Line towards IDF positions and towards the area of the Israeli town of Zarit. In
concurrence with this, Hezbollah fighters crossed the Blue Line into Israel and attacked an Israeli patrol,
capturing two Israeli soldiers, killing three, and wounding two others.
As a result of the continual attacks by Hezbollah on IDF positions and Israeli towns south of the
Blue Line, Israel retaliated with ground, sea, and air attacks, conducting air strikes on Hezbollah
positions in southern Lebanon as well as targeting various roads and bridges both within and outside the
area of UNIFIL operations and patrol. The Secretary-General in liaison with the Governments of
Lebanon and Israel repeatedly called for a cessation of hostilities while UNIFIL peacekeepers supported
the LAF by conducting military observations, providing medical assistance, and continually providing
humanitarian assistance.
Resolution 1701 (2006)
After intense negotiations, and with respect for the territorial integrity, sovereignty, and political
independence of Lebanon within its internationally recognised borders outlined in resolution 425,
the UN Security Council adopted resolution 1701 calling for an immediate cessation of hostilities:
in particular the immediate cessation by Hezbollah of all attacks and the immediate cessation by
Israel of all offensive military operations in Lebanon. Most notably, the resolution calls upon
Lebanon and Israel to come to a bilateral agreement for a long term solution based on:
i.
The disarmament of all armed groups in Lebanon;
ii.
No armed forces other than UNIFIL and the LAF south of the Litani River;
iii.
No foreign forces in Lebanon without the consent of its government;
iv.
Provision to the United Nations of all maps of land mines in Lebanon in Israel's
possession.
In addition to the resolution, the mandate of UNIFIL was extended and altered to enhance its
military influence. The amended mandate now reads as follows:
i.
Monitor the cessation of hostilities;
ii.
Accompany and support the Lebanese Armed Forces (LAF) as they deploy throughout the
South, as Israel withdraws its armed forces from Lebanon;
iii.
Coordinate these activities with the Governments of Lebanon and Israel;
iv.
Extend its assistance to help ensure humanitarian access to civilian populations and the
voluntary and safe return of displaced persons;
v.
Assist the LAF in taking steps towards the establishment between the Blue Line and the Litani
River of an area free of any armed personnel, assets, and weapons other than those of the
Government of Lebanon and of UNIFIL deployed in this area;
vi.
Assist the Government of Lebanon in securing its borders and other entry points to prevent
the entry in Lebanon without its consent of arms or related materiel.
Funding
The method by which the interim force currently receives finance is by assessment in respect of a
special account, and it has a budget of $488,691,600 for the period from the 1st July 2016 to the 31st
June 2017 approved of by the Administrative and Budgetary Committee (GA5) in the 2016 report
(A/C.5/70/24).
Noticeably in the
table, there is no portion
1.
Military and police personnel costs
2.
Civilian personnel costs
3.
Operational requirements
equipment
Civilian electoral observers
–
humanitarian aid, which
Consultants
–
Official travel
Facilities and infrastructure
dedicated to since its
854 000
Ground transportation
4 539 100
Air transportation
4 578 200
the funds for
Naval transportation
come from the
3 418 600
Information technology
4 446 200
Medical
1 183 400
500 000
4.
Enterprise resource planning
–
5.
Information and systems security
–
Gross requirements
6.
7.
488 691 600
Staff assessment income
Net requirements
31 727 600
Communications
5 790 800
Quick-impact projects
12 696 500
creation in 1978. Instead,
humanitarian assistance
–
Other supplies, services, and
92 351 900
of the budget allotted to
UNIFIL has been
Special equipment
326 605 300
12 249 200
476 442 400
Voluntary contributions in kind
(budgeted)
Total requirements
–
488 691 600
Approved resources for UNIFIL for the period from 1 July 2016 to 30 June 2017 in A/C.5/70/24 (US
government and the unit’s own▴funds.
Dollars)
According to UN Headquarters in January 1997, UNIFIL provides food rations and medical
supplies to refugees; transports water where the water supply systems have been damaged due to
shelling; provides tents, blankets and mattresses; provides assistance with machinery to clear roads, fill
craters, and clear collapsed buildings; feeds abandoned domestic animals and buries the carcasses of
others; fumigates areas affected by disease; disposes of artillery and mortar shells found in local villages
and clears mines.
Major Countries and Organizations Involved
Lebanon
Lebanon, officially known as the Lebanese Republic, is a sovereign state in Western Asia and is
one of the two states involved in the bilateral agreement for disarmament in the area south of the Litani
River. It was the Government of Lebanon who protested to the UN Security Council that resolution 425
be constructed and it is at the request of the Lebanese Government that the mandate of UNIFIL be
extended. It is imperative that Lebanon continues working with UNIFIL in order for its mandate to be
fulfilled.
LAF
The Lebanese Armed Forces (LAF), shorted to the Lebanese Army on the official website, is the
official military army for the Lebanese Government. The LAF has worked and continues to work with
UNIFIL in order to perform military patrols along the Blue Line and provide humanitarian assistance to
the local civilian population.
Israel
Israel, officially known as the State of Israel, is a sovereign state in Western Asia which shares its
northern border with the southern border of Lebanon and is the second of the two states involved in the
bilateral agreement for disarmament in the area south of the Litani River in Lebanon. The Government of
Israel on many occasions has seen the actions of the PLO, Hezbollah, and other guerrilla armies and
militia groups in southern Lebanon as a cause for war and has conducted ground, air, and sea attacks
on groups across the Blue Line including air strikes and ground invasion. Again it is vital that Israel
continues to work with UNIFIL in order for its mandate to be completed.
IDF
The Israeli Defence Forces (IDF), commonly known in Israel by the Hebrew acronym Tzahal, are
the military forces of the State of Israel consisting of ground army, navy, and air forces. The IDF
continues to patrol along its side of the Blue Line and has had various clashes with UNIFIL. The IDF had
been targeted multiple times by groups in southern Lebanon, as has the IDF attacked the groups’
positions across the Blue Line.
DFF and SLA
The South Lebanon Army (SLA), previously known as the Lebanese de facto forces (DFF), is a
Lebanese Christian militia group allied with Israel involved in the clearance of PLO bases in the south of
Lebanon as part of Operation Litani. The forces are trained, equipped, and financed by Israel and at
times collided with UNIFIL units, sometimes denying them the ability to move freely.
PLO
The Palestinian Liberation Organisation (PLO) is an umbrella organisation most notably
comprised of organisations of the Palestinian resistance movement as well as political parties.
Recognised by the Arab Summit in 1974 as the “sole and legitimate representative of the Palestinian
people”, the PLO has since represented Palestine at the United Nations, the Movement of Non-Aligned
Countries (NAM), the Organisation of the Islamic Conference (OIC), and more. Concerns arise as the
organisation supposedly was created with the intent of the "liberation of Palestine" through armed
struggle, violently targeting Israeli civilians as well as partaking in the invasion of southern Lebanon in
1978.
ANO
The Abu Nidal Organisation (ANO), otherwise known as the Fatah Revolutionary Council, is an
organisation considered to be a secular international terrorist group by the United States and many Arab
and western European countries. The group split from the Farah faction of the PLO after refusing to
consider establishing diplomatic ties with Israel, and its policy still remains focused on the destruction of
the State.
Hezbollah
Hezbollah is a Shi'a Islamist militant group and political party based in Lebanon. Despite having
10 seats in Lebanese Parliament, the group is considered to be a global terrorist threat by Israel and
Israel’s western allies, the most important of which being the United States and the United Kingdom.
UNHCR
The United Nations High Commissioner for Refugees (UNHCR), also known as the UN Refugee
Agency, is an agency designed to protect the rights of refugees and asylum-seekers and support them in
finding refuge in other states. The most relevant of its work to the Israel-Lebanon crisis is the assistance
it provides for internally displaced people and for returnees.
Contributing Countries
The interim mission as of the 2nd December 2016 receives 10587 troops from 40 different troopcontributing countries. The most significant of these are listed below:

Austria (2015)

Indonesia (1296)

Italy (1077)

India (899)

Malaysia (827)
Observer Group Lebanon (OGL)
The Observer Group Lebanon (OGL) is an unarmed UN military observer mission, which has
been present in Lebanon since 1949 as part of the United Nations Truce Supervision Organisation
(UNTSO). Military observers from OGL assist UNIFIL in fulfilling its mandate by conducting patrols in
villages and along the Blue Line.
Timeline of Events
Date
Description of event
14th May 1948
The Israeli Declaration of Independence is proclaimed by David Ben-Gurion,
the Executive Head of the World Zionist Organisation and the chairman of the
Jewish Agency for Palestine.
23rd March 1949
Israel-Lebanon Armistice Agreement (1949) is signed.
6th September 1970
The Jordanian Civil War is launched by the Palestinian Liberation
Organisation (PLO) against King Hussein and the Hashemite monarchy.
11th March 1978
The PLO launches a terrorist attack in Israel, killing and wounding many.
14th/15th March 1978
Israeli forces invade Lebanon and in a few days occupy the entire southern
part of the country except for the city of Tyre and its surrounding area.
15th March 1978
The Lebanese government protests to the UN Security Council against the
Israeli invasion, saying that it has no connection to the raid conducted by the
PLO.
19th March 1978
The UN Security Council adopts resolutions 425 and 426, calling for Israel to
immediately cease its military action and withdraw its forces from all Lebanese
territory, as well as the immediate establishment of UNIFIL.
23rd March 1978
First UNIFIL troops arrive in the area.
6th June 1982
1982 Lebanon War (called the Operation Peace for Galilee by the Arabs) is
prompted when the IDF invades southern Lebanon.
12th July 2006
The 34-day Israel–Hezbollah War commences.
11th August 2006
The UN Security Council adopts resolution 1701, calling for a full cessation of
hostilities in the month-long war of July 2006, and for Israel and Lebanon to
support a permanent ceasefire.
Relevant UN Treaties and Events

Security Council resolutions 425 (1978), 426 (1978), 1559 (2004), 1680 (2006), 1701 (2006),
1773 (2007), 1832 (2008), 1884 (2009), 1937 (2010), 2004 (2011), 2064 (2012), 2115 (2013),
2172 (2014), 2236 (2015), and 2305 (2016).

The Israeli Declaration of Independence (formally the Declaration of the Establishment of the
State of Israel) of the 14th May 1948.

Israel-Lebanon Armistice Agreement (1949) of the 23rd March 1949.

Secretary General reports S/2000/322 (2000) of the 17th April 2000 and S/2000/718 (2000) of the
20th July 2000.

General Assembly resolution A/RES/67/279 (2013) of the 28th June 2013.
Previous Attempts to solve the Issue
The funding of UNIFIL, like other interim missions, is decided upon in a General Assembly
resolution as per Article 17 of the Charter of the United Nations. The mandate of the interim force is
extended on an annual basis, the most recent extension being outlined in UN Security Council resolution
2305 from the 30th August 2016 where the mandate of UNIFIL has been extended to the 31st August
2017. UNIFIL has been said to be more political than military, and it can be concluded due to the fact
that the issue has still yet to be resolved after 38 years that UNIFIL has been an ineffective presence in
the area. While it works with the LAF to clear guerrilla armies and militia groups south of the Litani River
as well as conduct military observations and patrols of the Blue Line, the groups still have not been
disarmed and the smuggling of materiel is still rife. The success of UNIFIL is dependent upon the
implementation of resolution 1701 and the establishing of a permanent Israeli-Lebanon ceasefire.
In a UN Security Council meeting on the 15th April 2008, President Dumisani S. Kumalo of South
Africa emphasised the need for “all concerned parties, in particular in the region, to intensify their efforts
in implementing resolution 1701, including by fully cooperating with the Secretary-General in this regard”
and “the importance of, and the need to achieve, a comprehensive, just, and lasting peace in the Middle
East”, stressing the need for a permanent ceasefire and a long-term solution to tensions.
Possible Solutions
Firstly, it may be suitable to assign a portion of the UNIFIL budget to humanitarian activities. As
of current, UNIFIL takes funding from the Government of Lebanon and from its own unit to provide for
the local civilian population. Increased funds provided for humanitarian tasks will allow UNIFIL to be
much more efficient. Similarly, an increased amount of the overall budget will allow the force to stock up
on a larger amount of defence weaponry and other military equipment so that the military is also more
proficient in clearing the area south of the Litani River of militia groups.
Dayana Angela Rios Requena of Bolivia, speaking on behalf of the Group of 77 (G-77) and
China, also brought to the attention of the Administrative & Budgetary Committee on the 30th May 2014
that Israel has yet to pay the $1.17 million it owes to UNIFIL after conducting air strikes on the Lebanese
village of Qana in 1996. While the Fifth Committee has since been urging Israel to pay compensation,
Israel still is refusing the demand. It may be appropriate to enforce stricter and stronger requests to
Israel, perhaps even to the extent of asking the UN Security Council to impose further economic
sanctions upon the state.
Bibliography

"United Nations Interim Force in Lebanon." United Nations Peacekeeping. United Nations, n.d. Web.
18 Nov. 2016. http://www.un.org/en/peacekeeping/missions/unifil/index.shtml.

"UNIFIL Timeline." United Nations Interim Force in Lebanon. United Nations, n.d. Web. 18 Nov. 2016.
https://unifil.unmissions.org/.

"The Israel-Lebanon Conflict (1978-Present)." The History Guy: A Resource on History, Military
History, Politics, and Biography. N.p., n.d. Web. 18 Nov. 2016. http://www.historyguy.com/israellebanon_conflict.html.

"Security Council Resolutions." United Nations Security Council. United Nations, n.d. Web. 20 Nov.
2016. http://www.un.org/en/sc/documents/resolutions/.

"UN Security Council Resolution 425." Israel Ministry of Foreign Affairs. The Government of Israel,
n.d. Web. 20 Nov. 2016.
http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/un%20security%20council%20resolution%
20425.aspx.

Official Website of the Lebanese Army. The Government of Lebanon, n.d. Web. 10 Dec. 2016.
https://www.lebarmy.gov.lb/en/.

Official Website of the Israeli Defense Forces. Israeli Defense Forces, n.d. Web. 11 Dec. 2016.
http://www.idf.il/english/.

"Palestine Liberation Organization." State of Palestine Mission to the United Nations. Permanent
Observer Mission of the State of Palestine to the United Nations New York, n.d. Web. 12 Dec. 2016.
http://palestineun.org/about-palestine/palestine-liberation-organization/.

Al-Janoub June 2008: n. pag. UNIFIL. Web. 13 Dec. 2016.
https://unifil.unmissions.org/sites/default/files/English-%20Issue%2002.pdf.

“Meetings Coverage and Press Releases" United Nations. United Nations, n.d. Web. 13 Dec. 2016.
http://www.un.org/press/en/2008/sc9300.doc.htm.

"Fifth Committee Unable to Take Action on Funding for United Nations Interim Force in
Lebanon." United Nations. United Nations, n.d. Web. 15 Dec. 2016.
http://www.un.org/press/en/2014/gaab4114.doc.htm.

Yalibnan. "UN Demands Israel Pay Restitution for 1996 Shelling of Lebanese Qana Village." Ya
Libnan. Ya Libnan, 28 May 2016. Web. 15 Dec. 2016. http://yalibnan.com/2016/05/28/un-demandsisrael-pay-restitution-for-1996-shelling-of-lebanese-qana-village/.
Appendix or Appendices
i.
A database of UN Security Council Resolutions
(http://www.un.org/en/sc/documents/resolutions/).
ii.
UNIFIL Mandates (http://unifil.unmissions.org/unifil-mandate).
iii.
Israel-Lebanon Armistice Agreements (http://avalon.law.yale.edu/20th_century/arm02.asp).
iv.
A database of UN Secretary-General Reports (http://www.un.org/en/documents/index.html).
v.
The official UNIFIL website (https://unifil.unmissions.org/).
vi.
Online publications of issues of the official UNIFIL magazine
(http://unifil.unmissions.org/magazine).
Approved resources for peacekeeping operations for the period from 1 July 2016 to 30 June 2017
(A/C.5/70/24) (http://www.un.org/ga/search/view_doc.asp?symbol=A/C.5/70/24
Forum:
General Assembly 5th Committee
Issue:
Financing of the United Nations Stabilisation Mission in Haiti
(MINUSTAH)
Student Officer: Jeffrey KiHyun Park
Position:
Deputy Chair
Introduction
The United Nations Stabilisation Mission in Haiti ("United Nations Stabilization Mission in Haiti")
was established in 2004 by the Security Council as a Multinational Interim Force focusing on the
protection of Haiti’s social, political and economic infrastructure. By 2004, Haiti underwent multiple
armed conflicts due to political instability and widespread public contempt, especially after President
Jean-Bertrand Aritide was exiled in 1991 in a coup d’état.
Though the United Nations (UN) was involved with Haitian national affairs since 1991,
MINUSTAH marks the first time the UN took direct intervention in Haiti; in the words of MINUSTAH’s
mandate, the group primarily focuses on “circumstances on the ground and to the evolving requirements
as dictated by the political, security and socio-economic situation prevailing in the country” ("United
Nations Stabilization Mission in Haiti"), demonstrating the mission’s comprehensive involvement with
Haiti. As of 2011, the Security Council modified the force and capabilities of MINUSTAH to adjust to the
improving conditions of Haiti ("United Nations Stabilization Mission in Haiti"). Currently, MINUSTAH is
the UN’s third largest peacekeeping mission (CEPR).
After the devastating earthquake in 2010, the role of MINUSTAH in reconstructing Haiti is more
significant. Haiti is currently a country with mass poverty and poor social infrastructure. With more
emphasis on reconstructing physical capital, MINUSTAH is now a mission that seeks to overall both
political stability and immediate relief of the nation’s troubling dynamics. However, MINUSTAH is also
targeted for many scandals related to sex abuse and local conflicts that ultimately question the mission’s
integrity and ability to solve the issues at hand.
Currently, the method of funding for MINUSTAH is relatively vague and not streamlined. The
issue of financing this mission entails solutions that cater to the goals and needs of the mission, ensure
transparency in all transactions, and maintains proper, efficient use of such funds.
Definition of Key Terms
United Nations Stabilization Mission in Haiti (MINUSTAH)
Created by Security Council Resolution 1542, MINUSTAH was originally intended to overlook
Haiti’s political turbulence in 2004. Alongside such political goals, MINUSTAH was also involved
in Haiti’s reconstruction and relief in times of economic adversity, especially after the Haitian
Earthquake of 2010. MINUSTAH was also blamed for several scandals, including sex abuse.
Currently, MINUSTAH is predominantly funded by Latin American countries such as Brazil.
President Jean-Bertrand Aritide
President Aritide was elected twice as President of Haiti and overthrown for both terms. During
his first presidency, Aritide attempted to reform Haiti’s socio-political state and eradicate
corruption, but was faced by a military coup and exiled in 1991. Aritide was elected for his second
term in 2000, but was again exiled in 2004 due to accusations of political corruption. The UN was
involved for both coups, but MINUSTAH was specifically created during the 2004, as President
Aritide was exiled from his second term in office, sparking civil unrest and mass violence.
2010 Haiti Earthquake
Widely regarded as one of the most devastating earthquakes in terms of strength and number of
casualties, the Haitian Earthquake of 2010 resulted in more than 200,000 dead and demolished a
staggering amount of buildings and government infrastructure. This 7.0 magnitude earthquake
sparked an emergency response from the Security Council, who reinforced the role of
MINUSTAH in providing immediate relief and reconstruction of national infrastructure. This
Earthquake was responsible for the greatest number of deaths of UN Personnel, including the
death of the Head of MINUSTAH.
MINUSTAH Funding Gap
MINUSTAH suffers from a funding gap from the involved countries, in that only a few states
contribute to MINSTAH’s funds. Currently, the program is heavily reliant on Latin American
countries, such as Brazil, most presumably because of their relations and close proximity to Haiti.
MINUSTAH suffers a funding gap from countries involved. Not many countries actually provide
the funds necessary for the execution of MINUSTAH’s programs, and the program itself if very
much reliant on Latin American countries.
Multilateral Aid
A specific type of financial aid in which multiple countries pay directly to a certain cause, or pay to
a greater body which then provides funds to international programs. Contrarily, unilateral aid is a
case in which a nation directly pays to a certain cause. A prime example of multilateral aid
organizations is the World Bank. MINUSTAH is funded mainly by unilateral aid.
Background Information
Drafting a resolution on efficient funding for MINUSTAH requires knowledge on how the mission
is organized and what the mission needs more of.
The Leadership, Mandate and Structure
MINUSTAH follows the typical UN program in terms of leadership, mandate and structure [1].
Leadership Committee
The Leadership of MINUSTAH is composed of the Special Representative of the SecretaryGeneral, the Deputy Special Representative of the Secretary-General, United Nations Resident
Coordinator and Humanitarian Coordinator, Force Commander and the Police Commissioner.
They, along with all the force commanders below them, direct and govern over MINUSTAH after
communication with the Secretary General and greater UN bodies.
Mandate
The official mandate for MINUSTAH [2] makes clear the extent of MINUSTAH’s contribution to
Haiti. Throughout several Security Council resolutions, MINUSTAH is assigned to assist the
Haitian political process, mitigate public violence rooted in political and social unrest, work with
the government and police in bettering communities, and provide personnel and assistance to
reconstruction efforts.
Arguments can be made for and against this Mandate. Firstly, MINUSTAH’s Mandate is far from
ill intentioned. Haiti has definitely seen the benefits of MINUSTAH’s involvement in its national
affairs; MINSUTAH has definitely facilitated the improvement of Haiti’s public infrastructure and
provided immediate relief after events such as the 2010 Earthquake. However, many also believe
that this Mandate offers MINUSTAH too much authority over Haitian national affairs, leading to
questions on national sovereignty and long-term dependence.
Funding Structure
As of now, MINUSTAH does not have a specific mechanism of garnering funds. As stated by
MINUSTAH, its funding mechanism is described to be “Assessment in respect of a Special
Account”; like all other programs, the UN Administrative and Budget Committee approves the
Secretary General to commit up to a certain sum of money, to which the countries voluntarily pay
for. The problem is that countries may not necessarily meet such sums, in addition to the obvious
lack of a streamlined method in collecting mass sums of money.
Controversies regarding MINUSTAH’s Integrity
Since its establishment, MINUSTAH was the target of several cases that questioned the integrity
of MINSTAH’s mission. Due to such scandals, the overall trust towards MINUSTAH as a relief program
is poor, and this contempt drastically affects the willingness of countries to provide funds to the program
itself.
Cholera Outbreak
Haiti suffered a massive Cholera Outbreak in 2010. This outbreak “killed more than 7,050
Haitians and sickened more than 531,000, or 5 percent of the population” (Sontag), targeting the
mission as an exacerbation to the already horrific conditions of the disaster-struck country. In
response, Institute for Justice and Democracy in Haiti and Bureau des Avocats
Internationaux filed a legal complaint to the UN, to which the UN has not responded yet (CEPR).
Ultimately, MINUSTAH was considered the cause of this outbreak, which led to wide-fled
domestic and international concern for MINUSTAH’s ability to alleviate the status quo.
Sexual Abuse by Peacekeepers
Accusations of sexual violence and trafficking are frequent amongst peacekeepers in Haiti. In
2007, more than 100 Sri-Lankan peacekeepers, for instance, were accused of trafficking girls of
less than 13 years old for $1 (Williams). Even to this day, sex abuse by peacekeepers is a
prevailing concern for all UN peacekeeping missions, especially MINUSTAH.
In response, the UN and the Haitian government issued an investigation into MINUSTAH’s
peacekeepers. Following an investigation from the UN Office of Internal Oversight Services and
the Sri Lankan Government, all peacekeepers involved in this conflict were withdrawn from
MINUSTAH.
In Haiti, feminist movements grew as a result of this scandal. Obviously, such scandals have only
increased public contempt for MINUSTAH and permanently marred the integrity of the mission in
the views of the Haitian public.
Exacerbating Gang Conflicts
MINUSTAH is known to get in frequent clashes with local gang groups. In the words of Red
Cross International, “dividing line between their political and criminal roles is a fine one” (Revol).
In areas such as Cité-Soleil, gang groups that support the exiled President or have specific
political leaning resort to violent measures such as kidnapping. MINUSTAH is frequently
considered to engage in physical conflicts with such gangs, creating causalities and,
consequently, concerns for the intent of the mission itself.
Major Countries and Organizations Involved
The issue of funding MINUSTAH does not deal with a wide range of major countries involved.
The main stakeholders for this issue are essentially the countries extensively involved with MINUSTAH
and Haiti’s national interests.
UN Security Council
The UN Security Council is the body with command over MINUSTAH. The Security Council is the
only body allowed to control and lay any initiative on UN Peacekeepers. The Security Council,
specifically its Resolution 1542, created MINUSTAH. Any further initiative on MINUSTAH and its
peacekeeping force must pass the Security Council, unless the current framework changes.
Latin American Countries
Latin American countries provide the greatest number of peacekeepers and funds for
MINUSTAH. Their say in MINUSTAH’s programs are the greatest among other countries. Countries
such as Brazil and Argentina are most likely involved because of their close proximity and socioeconomic involvement with Haiti. Other countries, such as the United States, are less involved with
MINUSTAH. Rather, United States and Canada help Haiti by providing their own troops directly, instead
of providing to the UN.
Haitian National Police (HNP)
Part of MINUSTAH’s Mandate involves “monitoring, restructuring and reforming the Haitian
National Police” (“United Nations Stabilization Mission in Haiti"), but tensions between HNP and
MINUSTAH have always been high. MINUSTAH is mandated to cooperate with HNP in all matters of
domestic policing, which questions the autonomy of the HNP as an independent police force. While
MINUSTAH definitely helped HNP grow in terms of police size and strength, the question of autonomy
and independence in policing affairs has sparked conflict within Haiti several times. [3]
Republic of Haiti Political Groups and President Aristide
The Republic of Haiti is a politically divided country due to differences in opinions on President
Aristide. Those who are in favour and in opposition of President Aristide frequently engage in violent
conflicts, which exacerbate the civil unrest of Haiti today. MINUSTAH, along with the HNP, consider the
mitigation of public violence as one of their top priorities, and have thus been heavily involved with
political affairs in Haiti as well. Solving the issue of MINUSTAH’s funding will require delegates to find
ways to minimize the cost of MINUSTAH’s programs while maintaining this extensive sociopolitical
support for a divided country.
United States of America (USA)
While usually a very active participant and donor for UN peacekeepers, the USA does not
provide much for MINUSTAH. Instead, the USA is directly involved with Haitian relief as it provides its
own troops for aid. This type of aid may be considered as unilateral aid; instead of using the UN, the US
is directly involved with Haiti through its own, national troops. Canada also follows a very similar
situation.
Timeline of Events
Date
Description of event
September 30 1991
Coup ousts President Aristide, result of great social uprisings
September 1993
Security Council deploys first set of peacekeepers of Haiti
July 1994
Security Council deploys full multinational peacekeeping force
January 2004
Second Coup of President Aristide
February 29 2004
Security Council issues resolution that deploys a multinational interim force
dedicated to Haiti’s internal conflicts
April 30 2004
Security Council issues resolution 1542, which starts MINUSTAH
December 2007
UN Peacekeepers in Haiti are found to be involved with sex trafficking
January 12 2010
Haiti Earthquake
January 19 2010
Security Council resolution 1908
October 2010
Mass Cholera Outbreak in Haiti
14 October 2011
Security Council extends MINUSTAH’s mandate and alters its capabilities
according to the improving situation via Resolution 2012
Relevant UN Treaties and Events

Security Council Resolution 867, 23 September 1993 (S/RES/867)

Security Council Resolution 1529, 29 February 2004 (S/RES/1529)

Security Council Resolution 1542, 30 April 2004 (S/RES/1542)

Security Council Resolution 1908, 19 January 2010 (S/RES/1908)

Security Council Resolution 2012, 14 October 2011 (S/RES/2012)

Security Council Resolution 2070, 12 October 2012, (S/RES/2070)
Previous Attempts to solve the Issue
Previously, no significant changes to the financial framework of MINUSTAH have been made.
Ever since its creation, MINUSTAH suffered from systematic financial instability, with no concrete
solutions being made.
Thus far, the 5th General Assembly approve appropriate budget allocations to MINUSTAH, as it does
with all other UN Missions, but such allocations are rarely met by the donor countries, hence the finance
gap. With a variety of other missions that the UN has under its belt, MINUSTAH receives one of many
fund allocations; however, MINUSTAH is known to consistently receive a large portion of money in
comparison to other UN programs.
Especially after numerous sex trafficking scandals, most current attempts to improve MINUSTAH
have been geared towards building more integrity within the program itself. Sexual abuse by
peacekeepers is a widespread phenomenon throughout UN peacekeeping missions and MINUSTAH
has helped spark the necessary attention on such problems.
With its problems in integrity, MINUSTAH faces the contempt of the general public. Many have
radically cried for the termination of MINUSTAH itself as a means to solve the issue. Such a stance is
surely radical and delegates should refrain from such solutions.
Possible Solutions
Clearly, the issue at hand requires several different stepwise solutions in creating one, holistic
approach. Solving the problem of proper funding for MINUSTAH requires the ability to consider the issue
in several different angles, especially in order to build trust amongst donor nations and maximize
funding.
Eliminating the Finance Gap
Currently, the main contributors to MINUSTAH’s funds are a few countries, including Latin
American and American nations. In order to eliminate this donation gap, there needs to be an incentive
for other nations to donate specifically to this cause. Whether this incentive comes in the form of
economic, political, social advantages or even a moral cause, a well-financed program requires an
explicit incentive for countries to provide funds to MINUSTAH. Realize that the United Nations has never
and is not allowed to enforce countries to provide funds for an intergovernmental project like
MINUSTAH.
Building Trust and Integrity
Especially due to the cholera outbreak and numerous sex scandals, MINUSTAH suffers from a
severe lack of trust in the international community. Most of the attention on MINUSTAH today focuses on
ways to alleviate this internal problem of maintaining MINUSTAH’s integrity. This lack of trust stands in
the way of donor nations, who remain sceptical of MINUSTAH’s worth and ability; by building its ethos,
MINUSTAH can definitely garner more funds.
Building trust can come from enforcing stricture measures of peacekeeping regulations, building
better, cleaner infrastructures within the UN facilities in Haiti, providing more resources to UN personnel
while keeping input costs at a minimum, and many more.
Another cause of mistrust for MINUSTAH is about the Mandate itself. Since many consider the
Mandate as a violation to national sovereignty, Haitian nationalists and even international stakeholders
are not entirely supportive of MINUSTAH’s cause. Delegates must find a way to either re-evaluate
MINUSTAH’s mandate and its validity, or ensure that the status-quo does not breach into issues of
sovereignty.
Delegates must remember, however, that this resolution must focus on the financial issues of
MINUSTAH. Using the majority of the resolution to build MINUSTAH’s trust will not be a strong solution.
Channelling Funds
MINUSTAH needs a clear and organized way of channelling funds into its mission. Delegates
must argue that MINUSTAH requires special attention amongst other missions, so as to ensure that it
has its own mechanism of channelling funds.
Although this new method is merely a suggestion, creating a new fund-collecting mechanism is
highly encouraged. Some potential ways to do this is creating a separate committee dedicated to
financing this program, building a financial task team, creating another leadership position dedicated to
finance and budgets, and more.
Ensuring the Transparent Use of Funds
The mission needs to self-report how well it is using its given funds, and whether it is following a
certain efficient agenda. Conventionally, a UN resolution deals with financial transparency by having
certain teams composed of Non-Governmental, Governmental, Inter-governmental organizations
contribute in writing reports to the Secretary General, Budgetary Committee, or General Assembly,
describing where and how the funds are being used. Whether this method is used or not, there must be
a mechanism of assessing how well and transparently MINUSTAH have been using its funds over a
certain period of time, and whether its goals have actually been met.
Bibliography
Centre for International Governance Innovation (CIGI). Fixing Haiti: MINUSTAH and beyond. Rep.
United Nations University Press, 2011. Web. 15 Dec. 2016.
CEPR. "MINUSTAH by the Numbers." The Center for Economic and Policy Research. N.p., n.d. Web. 15
Dec. 2016.
History.com Staff. "Massive Earthquake Strikes Haiti." History.com. A&E Television Networks, 2011.
Web. 15 Dec. 2016.
Mungcal, Ivy. "MINUSTAH Funding Gap Grows as UN Approves More Money for Haiti." DEVEX, 11 May
2010. Web. 15 Dec. 2016.
News, CBC. "Haiti's Jean-Bertrand Aristide." CBCnews. CBC/Radio Canada, 18 Mar. 2011. Web. 15
Dec. 2016.
Revol, Didier. "Hoping for Change in Haiti’s Cité-Soleil." Hoping for Change in Haiti’s Cité-Soleil. The
Magazine of the International Red Cross and Red Crescent Movement, n.d. Web. 15 Dec. 2016.
Ross, Jennifer N. The Changing Role of the Military in Latin America. Rep. no. 1-894992-19-9. Canadian
Foundation for the Americas (FOCAL), n.d. Web. 15 Dec. 2016.
Sontag, Deborah. "In Haiti, Global Failures on a Cholera Epidemic." The New York Times. The New
York Times, 31 Mar. 2012. Web. 15 Dec. 2016.
UN General Assembly. "General Assembly Adopts 2013/14 Peacekeeping Budget Approaching $8
Billion for 14 Operations, Acting on Fifth Committee Recommendations | Meetings Coverage and
Press Releases." United Nations. United Nations, 28 June 2013. Web. 15 Dec. 2016.
"United Nations Stabilization Mission in Haiti." United Nations. United Nations, n.d. Web. 15 Dec. 2016.
Williams, Carol J. "U.N. Confronts Another Sex Scandal." Los Angeles Times. Los Angeles Times, 15
Dec. 2007. Web. 15 Dec. 2016.
Appendix or Appendices
[1] Refer to the Audit Report on MINUSTAH for more information on funding:
https://usun.state.gov/sites/default/files/organization_pdf/199303.pdf
[2] The official mandate of MINUSTAH reads: “to support the Transitional Government in ensuring a
secure and stable environment; to assist in monitoring, restructuring and reforming the Haitian National
Police; to help with comprehensive and sustainable Disarmament, Demobilization and Reintegration
(DDR) programmes; to assist with the restoration and maintenance of the rule of law, public safety and
public order in Haiti; to protect United Nations personnel, facilities, installations and equipment and to
protect civilians under imminent threat of physical violence; to support the constitutional and political
processes; to assist in organizing, monitoring, and carrying out free and fair municipal, parliamentary and
presidential elections; to support the Transitional Government as well as Haitian human rights institutions
and groups in their efforts to promote and protect human rights; and to monitor and report on the human
rights situation in the country” (MINUSTAH).
[3] Read more on policing issues: https://collections.unu.edu/eserv/UNU:2516/ebrary9789280811971.pdf
Forum:
General Assembly 6th Committee
Issue:
Designing a legal framework to stop environmental damage as a result
of armed conflict
Student Officer: Avi Anurag
Position:
Head Chair
Introduction
“Across the world, the lack of accountability for the harm to the environment and public health
caused by conflict and military activities undermines global efforts to help fragile countries recover from
armed conflicts.”
Widad Akrawi
Be it the conflict in Kosovo, Afghanistan, Sudan or the Gaza Strip- it has been seen that wars cause
great damage to the environment and its natural resources. Armed conflicts adversely impact the health
and wealth of communities belonging to the areas affected by them. While an armed conflict most certainly
causes great damage to the environment in the short run- it can also lead to the inability of an ecosystem
to sustain its inhabitants in the long run, which in turn means that this environmental damage impacts the
ability of a region to prosper and stabilise- years after the conflict.
Unfortunately, damage to the natural environment is not limited to the direct after-effects of Armed
Conflict. There have been numerous instances of natural resources being exploited and abused in order
to fund and prolong conflicts (for example, conflict minerals in the Democratic Republic of Congo).
There is a need for global laws and frameworks, such that the international community can ensure
that the adverse impact of armed conflicts on the environment and natural resources if contained. The
current track record of enforcement clearly demonstrates the need for further work. It has been seen that
States and individuals have rarely been held accountable and punished or made to pay any form of
compensation. The delegates should note that this committee will need to look at the existing laws
holistically in order to develops an effective approach.
Definition of Key Terms
Environment
The English Environment Protection Act18 defines the ‘environment’ as consisting of water, air, soil,
flora and fauna. The New Zealand Environment Act19 includes “ecosystems and their constituents;
natural and physical resources; the social, economic, aesthetic and cultural conditions which effect
the environment or which are affected by changes to the environment.”
Environmental damage
Environmental Damage includes instances of water pollution, damage to biodiversity, land
contamination, deforestation, desertification etc. The legal definition that qualifies a certain act as
an act of Environmental Damage will be discussed later in this report as it is an extremely important
aspect of the issue.
International Legal Framework
The International Legal Framework (or simply ‘International Law’) consists of the rules that are
accepted as binding on states and between states- serving as a framework to ensure the practice
of stable international relations. The International Legal Framework consists of the Rome Statute20,
Customary International Law, Treaty Law- the jurisdiction and scope of which is codified in the
Vienna Convention on the Law of Treaties21 and Judicial Decisions of Courts of Arbitration such as
the International Court of Justice.
The principle of military necessity
This principle suggests that the use of military force is only justified when it is necessary for the
achievement of a defined military objective. It prohibits military actions that do not serve an explicit
military purpose.
18
http://envfor.nic.in/legis/env/env1.html
http://www.legislation.govt.nz/act/public/1986/0127/latest/DLM98975.html
20 https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be940a655eb30e16/0/rome_statute_english.pdf
21 https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-English.pdf
19
The principle of proportionality
Per the principle of proportionality enshrined in Article 57 of the First Additional Protocol to the
Geneva Convention, a disproportionate attack is one in which the “collateral damage” is regarded
as being in excess in relation to the anticipated direct military advantage gained.
The principle of humanity
This principle prohibits inflicting unnecessary suffering, injury and destruction22. For example, this
principle prohibits the use of starvation as a method of war, poisoning of water wells, and
destruction of land resources that contribute to the sustenance of the ecosystem- thus implying
that such actions as committed in the Darfur Conflict can be seen as ‘inhumane’ means of warfare.
Background Information
In order to gain a complete understanding of this issue from a legal perspective, one must first
understand the existing body of law that aims to protect the environment in the context of armed conflict.
The existing legal frameworks can broadly be classified into International Humanitarian Law, International
Criminal Law and International Environmental Law. In this section, I will discuss each of these corpuses
separately and identify the most important flaws existing in them.
International Humanitarian Law
By definition, International Humanitarian Law (IHL) aims to regulate armed conflict by protecting
the people that are not directly taking part in the conflict as well as by regulating the weapons and methods
of warfare used in the conflict.
In both theory and practice, IHL focuses more on International Armed Conflicts (ones in which two
or more states are involved) as opposed to Non-International Armed Conflicts. This has been a major
challenge to the enforcement of IHL for the purpose of protection of the environment, given that the vast
majority of conflicts are internal. In the past few decades we have seen that Civil Wars have caused the
most damage to the environment- with natural resources often being used to prolong the conflicts.
22
1907 Hague Regulations, Article 23(e). International Humanitarian Law draws from three major sources, with each providing a separate
but equally important form of legal protection against environmental damage
Treaty Law
The corpus of IHL includes Treaty Law- the four Geneva Conventions (1949) and their Additional
Protocols (1977) and the ENMOD Convention of 1976.
Paragraph 3 of Article 35 of the Additional Protocols to the Geneva Convention states that “it is
prohibited to employ methods or means of warfare which are intended or may be expected to cause
widespread, long-term and severe damage to the natural environment.” Article 55 provides
protection for the environment in terms of protection of civilian objects and also prohibits attacks
on the environment by way of ‘reprisals.’
Both of these articles essentially prohibit warfare that causes “widespread, long-term and severe
damage to the natural environment.” This definition of damage to the environment has been
criticized due to its triple cumulative standard. This means that for an act to qualify as a violation of
these articles, it must cause damage to the environment that is widespread and long-term and
severe. The failure of the convention to define these terms and the triple cumulative standard mean
that the definition of environmental damage is often too stringent and amorphous to prove.
The UN Convention on the Prohibition of Military or Any Other Use of Environmental Modification
Techniques (ENMOD-1976) was formed as a reaction to the use of unconventional methods of
warfare by the US Military in the Vietnam War (such as the use of the herbicide Agent Orange). As
evident in their name itself, the aim of ENMOD is to prevent the modification of the environment as
a means of warfare. Article one of the ENMOD states that “each State Party to this Convention
undertakes not to engage in military or any other hostile use of environmental modification
techniques having widespread, long-lasting or severe effects as the means of destruction, damage
or injury to any other State Party.” The ENMOD clearly has a lower ‘threshold of damage,’ replacing
the triple cumulative standard of the Additional Protocol with an alternative.
Additionally, there are a fair number of treaties that indirectly protect the environment during war
by protecting civilian objects, prohibiting certain weapons and methods of warfare. These include
The Hague Convention (1907), Convention on Certain Conventional Weapons (1980), Chemical
Weapons Convention, Comprehensive Test Ban Treaty (1996) etc.
A major criticism of IHL is the fact that it is often not universally applicable simply because the
treaties in which it is enshrined are often not signed by several states- particularly a number of
major military powers. Additionally, the framework of IHL depends on adherence of states to
treaties and norms- a condition that it rarely met.
Soft Law
The second source of IHL is Soft Law and consists of the resolutions, guidelines and decisions
made by international bodies like the UN. Though they are not technically ‘legally binding’, such
resolutions may be considered customary international law and recognised as having binding
action on states23.
In UN GA Resolution 47/37 for example, states that “destruction of the environment, not justified
by military necessity and carried out wantonly is clearly contrary to existing international law.” Also
of reasonable importance is UNSC Resolution 1856 on the Situation in the Democratic Republic of
the Congo.
Case Law
Finally, an important aspect of IHL on this issue consists of Case Law- decisions taken at judicial
bodies that aid in treaty interpretation or otherwise form evidence as part of customary law. This
includes the judgements of the International Court of Justice (ICJ), the International Criminal
Tribunal for the former Yugoslavia. I have mentioned the important ICJ work on this issue below
(under ‘Major Countries and Organisations Involved’).
One of the shortcomings of the case law in this issue is the fact that there are very few precedents
for such cases. Additionally, the cases that were decided by the courts happened to have been
primarily decided on procedural basis, lacking the any actual judgement clarifying any definitions
etc. The infrequent attempts at enforcement of IHL in courts of arbitration has resulted in a lack of
clarity and colour that comes from case law. It has also lead to the perception by the aggrieved
parties that these laws will be difficult to enforce or obtain redressal.
International Criminal Law
ICL can be seen as a subset of International Humanitarian Law. However, it deals more with
international criminal responsibility of individuals as opposed to state responsibility for wrongful acts. The
International Criminal Court has jurisdiction over war crimes committed by individuals, and the articles of
the Geneva Convention mentioned above mean that an individual can be tried in the ICC for causing
“widespread, long-term and severe” damage to the environment because of an armed conflict.
Once again a similar issue arises with ICL- as the majority of war crimes can be grounds for
conviction in the ICC only if the conflict is an international one.
23
A UN Resolution was accepted as an admissible form of Customary International Law by the ICJ in
Nicaragua v. USA (1986)
International Environmental Law
International Environmental Law (IEL) consists of various ‘liability principles’ that traditionally cover
environmental damage during peace times. This body of law is still ‘maturing’ at both national and
international levels, and the question of whether IEL can be applied to situations of Armed Conflict is still
to be answered.
The most significant sources of IEL are Multilateral Environmental Agreements (MEAs)- and there
is a lot of variation in the way in which they consider the question of applicability during wartime situations.
Some MEAs, like the UNCLOS specifically state that they are inapplicable in a situation of armed
conflict. The UN Convention on the Law of the Sea (UNCLOS) stipulates that “states have the obligation
to protect and preserve the marine environment” and has several other provisions restricting specific forms
of marine pollution (Articles 207, 208, 212). However, Article 236 states that “The provisions of this
Convention regarding the protection and preservation of the marine environment do not apply to any
warship, naval auxiliary…”, essentially implying that the provisions of the UNCLOS are not applicable in
an armed conflict. The International Convention for the Prevention of Pollution from Ships (MARPOL1973) also renders its provisions inapplicable in times of armed conflict- using very similar language as
that adopted in UNCLOS. Similarly, the International Convention for the Prevention of Pollution of the Seas
by Oil (OILPOL- 1954) states clearly that during an armed conflict, it is up to the relevant parties to decide
whether its provisions may be applicable in that case.
Conventions like The Convention on Civil Liability for Damage Resulting from Activities Dangerous
to the Environment (1993), The Convention on Third Party Liability in the Field of Nuclear Energy (1960),
The Vienna Convention on Civil Liability for Nuclear Damage (1963), The International Convention on Civil
Liability for Oil Pollution Damage (1971) all explicitly state that an exception to all/most of their provisions
is armed conflict or war.
In contrast The African Convention on the Conservation of Nature and Natural Resources (2003)
contains provisions specifically to implement these rules to control the activities of military groups that may
damage the environment24.
MEAs like The Convention on Biological Diversity (1992), the UN Convention to Combat
Desertification (1994), the Montreal Protocol on Substances that Deplete the Ozone layer (1987), the
United Nations Framework Convention on Climate Change do not state that their provisions do not apply
during armed conflict.
24
See Article XV(1) of the African Convention on the Conservation of Nature and Natural Resources
Major Countries and Organizations Involved
International Court of Justice
The ICJ at The Hague, drawing its mandate from both the Charter of the UN and the Statute of the
ICJ, is the most important international court of arbitration. The decisions of the ICJ are binding on the
parties to the dispute and its ‘Advisory Opinions’ and previous decisions can be considered a part of
Customary International Law. Some important work by the ICJ includes the following:

The ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996)

The ICJ’s decision on Yugoslavia v. Nato (1999)

The ICJ’s decision on Armed Activiites on the Territory of the Democratic People’s Republic of
Congo- DRC v. Uganda (2005)
International Committee of the Red Cross
The ICRC, based in Geneva, is an independent organization whose mission is to ‘protect the lives
and dignity of victims of armed conflict and violence and to provide them with assistance.’ It works on
promoting humanitarian principles of law. The mandate of the ICRC stems from the Geneva Convention.
United Nations Environment Programme
The UNEP is one of the most important agencies of the UN. It is responsible for overseeing nearly
any action taken by the UN to solve global environmental problems. Perhaps most importantly, the UNEP
has been instrumental in the formation of guidelines and treaties on issues of climate change, pollution,
sustainable energy etc. (such as the Montreal Protocol and the Minamata Convention). The UNEP’s
Disaster and Conflicts Programme was formed to reduce the impact of armed conflict on the environment
and to strengthen national environmental management capabilities in nations that are affected by armed
conflict.
Vietnam and the United States of America
The Vietnam War is the most well-known and clear example of conflict having serious
environmental impacts. During the War, the USA used a herbicide/defoliant known as ‘Agent Orange’ as
part of its Herbicidal Warfare Program (Operation Ranch Hand). The US Military sprayed nearly 20 million
gallons of these herbicides, resulting in mass deforestation and soil and water contamination.
The use of Agent Orange by the USA was heavily criticised in the international community, and
eventually lead to the creation of the Environmental Modification Convention (1976) which aims to prevent
modification of the environment as a means of warfare.
Iraq
During the 1990-91 Gulf War, as Iraq retreated from Kuwait, the Iraqi Army set fire to nearly 700
Kuwaiti Oil Wells. Some of these fires remained unextinguished for months, causing a great deal of harm
to the environment, particularly with regard to air pollution. The fires created a vast smoke cloud which
temporarily led to temperatures in the Persian Gulf reducing by around 5ºC. Additionally, the Iraqi Military
also discharged several million barrels of the oil into the Persian Gulf, causing a number of Oil Spills. A
large part of the Kuwaiti population, in particular, some regiments of their army, experienced long lasting
symptoms as a result of the Oil Well Fires.
Interestingly, this was also the first time that a country (Iraq) was held accountable for the (billions
of dollars of) environmental damage caused due to military actions undertaken by them.
Timeline of Events
Date
To 1975
1976
1977
Description of event
Use of toxic herbicide Agent Orange, and the resulting massive deforestation
and chemical contamination
Adoption of the Environmental Modification Convention (ENMOD) against
modification of environment as a weapon
Inclusion of Articles 35 and 55 in Additional Protocol I to the Geneva
Conventions against weapons with long term adverse impact on the
environment
1990-91
Gulf War, where destruction of oil wells led to environmental degradation and
was compensated
1993
Resolution 47/37 of the UNGA urging nations to protect the environment during
war, and building this into the operational mechanisms of their armies
1994
The International Committee of the Red Cross issued guidelines pursuant to the
UNGA Resolution for use by armies
1996
ICJ Advisory Opinion on Nuclear Weapons, which provided increased
importance to the environment in the conduct of hostilities
Setting up of the International Criminal Court by the Rome Statute whose Article
1998
8(2)(b)(iv) makes environmental damage in war a crime and breach of
humanitarian laws
Bombing of industries led to chemical spills in the Kosovo conflict, and was the
1999
subject of a suit by Yugoslavia against NATO in the ICJ where the ICJ
recognised the issues but was limited by technicalities
Relevant UN Treaties and Events

International Covenant on Economic, Social and Cultural Rights (1966)

UN Convention on the Prohibition of Military or Any Other Use of Environmental Modification
Techniques (ENMOD) (1976)

Additional Protocol I to the 1949 Geneva Conventions, Article 35(3) and Article 55(1) (1977)

UNGA Resolution 47/37 (9 February 1993)

Report of the ICRC for the review conference of the 1980 UN conventions on Prohibitions or
restrictions on the use of certain conventional weapons which may be deemed to be excessively
injurious or to have indiscriminate effects 30-04-1994 Article, International Review of the Red
Cross, No. 299

ICJ Advisory Opinion on Nuclear Weapons (1996)

The 1998 International Criminal Court Statute (Rome Statute), Article 8(2)(b)(iv)

ICJ Decision on Yugoslavia v. NATO (1999)
Previous Attempts to solve the Issue
Throughout the ‘Background Information’ section I detailed the various pre-existing legal
frameworks for the prevention of environmental damage as a result of armed conflict, which I will know
reiterate.
The major attempts made in the last century to specifically prevent environmental damage in the
context of armed conflict include certain Articles of the Additional Protocols to the Geneva Convention
(1977) as well as the ENMOD (UN Convention on the Prohibition of Military or Any Other Use of
Environmental Modification Techniques- 1976).
The International Committee of the Red Cross (ICRC) has also worked extensively on the issue.
In 1994, the ICRC issued guidelines that summarised the existing applicable international rules for
protecting the environment during armed conflict. These guidelines were aimed at providing a framework
for inclusion of important provisions protecting the environment during war in military manuals and national
legislation.
The UN General Assembly has also produced a number of Resolutions to the effect of emphasizing
the correlation between severe environmental damage and warfare. UNGA Resolution 47/37 urged states
to comply with international law on the issue of “destruction of the environment, not justified by military
necessity and carried out wantonly” and encouraged all states to become Parties to the relevant
Conventions. However, this resolution did not point out any flaws in the existing legal framework and did
not recommend any actual additions to this framework.
The efforts of the UN to encourage disarmament can also be seen as attempts to solve this issue.
Work of the UN GA eventually resulted in the adoption of the Comprehensive Nuclear Test Ban Treaty
(CTBT- 1996). The CTBT helps deal with the serious issue of Nuclear Testing, one that has caused great
environmental damage in the past- as seen in the testing of nuclear weapons in the Marshall Islands by
the USA in the 1950s.
Possible Solutions
One of the approaches to solving this issue could be development of an entirely independent
international law to protect the environment and natural resources from armed conflicts. However, this
may be a difficult task given the need for an urgent response in an environmentally challenged world
whereas negotiation of a comprehensive law by all nations of the world would be a highly time consuming
process fraught with uncertainties
The most pragmatic approach would be to plug the lacunae in the existing legal frameworks to
ensure that they are fit for purpose.
One important way in which this can be achieved, can be through clarifying definitions in important
Treaties. Post the use of the herbicide Agent Orange by the USA, charges were brought on against the
US in the UN through resolutions that accused the US of violating the 1925 Geneva Protocol (which
regulates the use of chemical and biological weapons). However, none of these charges were sustained
as the US simply argued that Agent Orange, being a herbicide, did not qualify as a chemical or biological
weapon. Since it was intended to destroy crops to deprive the enemy of cover and not to target human
beings, they claimed that it did not even classify as a weapon.
The pre-existing laws need to amended to be more inclusive. This means that they should be
amended to include and cover newer weapons and technologies. The laws can also be amended such
that they cover internal conflicts and civil wars- and not only international conflicts.
More specific laws also need to be created with a focus on the misuse of natural resources to fund
and prolong conflicts. Given their genesis, the existing laws do not pay attention to these aspects, even
though they are of paramount importance, given the trend in the last few decades of the use of natural
resources to fund civil wars.
Perhaps most important, is the need to mobilise the global community to enforce existing laws in
a timely manner and with tangible outcomes. This may require building infrastructure in terms of training
of judges and lawyers. An on-going, permanent mechanism must be created to track abuses and
redressals. This can possibly be accomplished through the establishment of a permanent body charged
with monitoring violations and reparations, and trends requiring changes to the relevant laws.
Alternate approaches to the issue can also be taken. For example, the treatment of abuse of the
environment and natural resources as a War Crime, though permitted by international laws, is unexplored.
Another possibility is the treatment of abuse of the environment as a violation of Human (Economic, Social,
Cultural) Rights- an approach that is largely unexplored.
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Larsson, Marie Louise. "Legal Definitions of the Environment and of Environmental Damage."
(n.d.): n. pag. Web. 24 Nov. 2016. http://www.scandinavianlaw.se/pdf/38-7.pdf
Forum: General Assembly 6th Committee
Issue: Immunity of State Officials from foreign criminal jurisdiction
Student Officer: Daniel Bracho
Position: Deputy Chair
Introduction
Shortly after the end of the Second World War, the issue on criminal jurisdiction and immunity
began to develop, specifically during the Nuremberg trials which prosecuted countless of Nazi officials. As
the basics on legal technicalities were elaborated, it became a prominent topic in other trials such as those
in Japan, stressing the necessity of the creation of an organization to mediate the issue on immunity from
foreign State officials.
As
jurisdiction
specifically refers to a court’s authority to judge over any dispute that is acquired through acts committed
in a defined territory, these mechanisms began to be created over the decades following the war.
Specifically, in 1961, the Vienna Convention on Diplomatic Relations was an international treaty that first
defined the framework for diplomatic relations between countries, stressing the legal basis of diplomatic
immunity. It set up the foundations for persona non grata, ratione personae, and ratione materiae.
Following the implementation of the treaty, the Rome
Statute was later adopted in a conference in Rome in 1997, establishing the ICC which entered into force
in 2002. As there are currently 124 states that take part in the statute, the treaty establishes the ICC’s
functions, its jurisdiction, and its structure. It specifically outlined the four core international crimes of
genocide, crimes against humanity, war crimes, and the crime of aggression. However, there are several
limitations as cases of overlap with personal and functional immunity may occur.
Definition of Key Terms
Ratione Personae
Derived from latin, ratione personae means in literal terms: by reason of his person or by reason
of the person concerned. In various international instances and cases, a jurisdiction depends on
whether or not a defendant is living within the territory of the court or is a citizen of the state that
the court belongs to. When this occurs, the jurisdiction of a court is hence decided by reason of the
defendant—or ratione personae. Thus, in international law, ratione personae showcases the rule
of law where only a state that is part of an international treaty can take part in an international issue
resolution process.
Ratione Materiae
Ratione materiae means by subject-matter jurisdiction where the court’s authority can decide on a
particular case. This is the jurisdiction which is over the nature of the case and the type of relief
sought—where a court can rule on the conduct of the persons. In the United States congress for
example, the Congress limited the subject-matter jurisdiction of the US Tax Court in cases related
to taxation; hence, this court does not have any subject-matter jurisdiction over any other matter.
Therefore, the specific reason on subject-matter jurisdiction is the court with the highest interest
when solving a dispute should technically be the court that has the greatest opportunity to make a
ruling on the issue.
Immunity
Functional immunity is when international law and treaty laws confers immunities on those
performing acts of state—such as a foreign official. Any individual who is performing an act of state
that commits a criminal offense is immune from prosecution. This is applied even when the person
ends his/her performance in acts of states; this type of immunity is limited in acts to which it attaches
but will hence only end if the state itself ceases to exist. In addition, this immunity, applied to the
acts of an individual, is an attribute of a state, and is thus based on the sovereign and state dignity
that is mutually respected throughout. States must hence have high interests to uphold their
principles in international affairs—if a state’s officials will be tried for a specific crime of accusation,
it will have to be in their home nations.
State officials
State offices typically acknowledge certain officials as qualifiers of immunity; this is typically applied
to the head of state, the heads of government, senior cabinet members, ministers or secretaries of
a department or ministry, ambassadors, diplomats, defense ministers, and military officials. An
official is evidently someone who obtains a role in political and governmental office (either a
function or mandate) in any governmental wing and practices his or her exercise of authority—that
they are their superior or if they have an employer, and applies publicly or privately. Hence, these
individuals are part of the governmental system, and may be included in the category of
bureaucrats, as not all of them may be democratically elected but appointed by other senior
officials.
Jurisdiction
Jurisdiction specifically refers to a court’s authority to judge over any dispute that is acquired
through acts committed in a defined territory.
Universal jurisdiction likewise permits states and international organizations to call forth for criminal
jurisdiction over an accused person regardless of the fact where the crime was committed and
regardless of the nationality, residence, or relation between the prosecuting entity and the accused.
Crimes that are typically persecuted under universal jurisdiction are considered crimes against all,
that is, far too serious to be tolerated by jurisdictional arbitrage.
Rome Statute
The Rome Statute of the International Criminal Court (ICC) is a treaty which establishes the ICC.
It was adopted at a conference in Rome on July 1997 and it entered into force on July 2002. As of
April of 2016, 124 states are partly to the statute. Among various other things, the statute also
establishes the court’s functions, its jurisdiction, and its structure. The Rome Statue in fact
established four core international crimes comprising of genocide, crimes against humanity, war
crimes, and the crime of aggression. Those crimes specifically “shall not be subject to any statute
of limitation. The ICC can only investigate and prosecute on the four core international crimes when
states are unable or unwilling to do so themselves. The court has jurisdiction over crimes only if
they are committed in the territory of the specific state party or committed by a national of the party;
however, there is an exception to this rule where the ICC can also have jurisdiction over crimes if
its jurisdiction is authorized by the UN Security Council.
Persona Non Grata
In diplomatic terms, a persona non grata is in literal Latin, a “person not appreciated”. It refers to a
foreign individual whose entering a country is prohibited by that specific country’s government. It is
the most serious censure that one country can apply to a foreign diplomat, who are protected by
their diplomatic immunity from arrest or prosecution from other countries. A persona non grata can
also be called a “person without standing” in the matters at hand, legal or otherwise. Under Article
9 of the Vienna Convention on Diplomatic Relations, a state may declare any individual of a
diplomatic staff persona non grata “at any time and without having to explain its decision”. A person
that is declared unacceptable is therefore recalled to their respective home nations.
Background Information
The jurisdiction of any judge in a case which may have international elements, depends on the
situation of the plaintiff or the defendant. In some cases, jurisdiction will specifically depend on the
whereabouts of the object of the litigation—any parties or objects involved, such as real estate— while in
others, the jurisdiction depends if the defendant is within the territory of the court or if he/she is a citizen of
the court’s state. In the two cases aforementioned, jurisdiction is hence referred to by reason of the person,
ratione personae. A simple example may be if a Peruvian tourist visited a Mexican courthouse, and filed
a statement that claimed of a Peruvian committed a crime that occurred in Peru; the Mexican court would
evidently decline the hear the case because of their lack of ratione personae.
In cases of international law, the maxim has
been utilized to showcase the rule of law where only a state privy to an international treaty can be subject
to a dispute resolution process—judicial, arbitration—provided for in the proper treaties. In addition, if a
complaint was levied against an American citizen that was living in the US, pursuant to the European
Convention on Human Rights, the European Human Rights Commission would not proceed with the
complaint and would declare that they have no jurisdiction ratione personae. Likewise, if a complaint is
filed following an international treaty, but against a non-member, the same ratione personae would apply.
Vienna Convention on Diplomatic Relations
The Vienna Convention on Diplomatic Relations was an international treaty that defines the framework for
diplomatic relations between countries; it made effective on April of 1961. By specifying the privileges of
diplomatic missions that enable diplomats to perform their duties without the possibility of fear or
harassment by their host country, it hence creates a legal basis for diplomatic immunity. As of April 2014,
the treaty was ratified by 190 states.
Key articles of the Vienna Convention on Diplomatic Relations (directly from the
treaty document)
“Article 9: The receiving State may at any time and without having to explain its decision, notify the
sending State that the head of the mission or any member of the diplomatic staff of the mission is
persona non grata or that any other member of the staff of the mission is not acceptable. In any
such case, the sending State shall, as appropriate, either recall the person concerned or terminate
his functions with the mission. A person may be declared non grata or not acceptable before
arriving in the territory of the receiving State. If the sending State refuses or fails within a reasonable
period to carry out its obligations under paragraph 1 of this Article, the receiving State may refuse
to recognize the person concerned as a member of the mission.
Article 22: The premises of the mission shall be inviolable. The agents of the receiving State may
not enter them, except with the consent of the head of the mission. The receiving State is under a
special duty to take all appropriate steps to protect the premises of the mission against any intrusion
or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
The premises of the mission, their furnishings and other property thereon and the means of
transport of the mission shall be immune from search, requisition, attachment or execution.
Article 24: The archives and documents of the mission shall be inviolable at any time and wherever
they may be.
Article 27. The host country must permit and protect free communication between the diplomats of
the mission and their home country. A diplomatic bag must never be opened even on suspicion of
abuse. A diplomatic courier must never be arrested or detained.
Article 29. The person of a diplomatic agent shall be inviolable. He shall not be liable to any form
of arrest or detention. The receiving State shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his person, freedom or dignity.
Article 30: The private residence of a diplomatic agent shall enjoy the same inviolability and
protection as the premises of the mission. His papers, correspondence and, except as provided in
paragraph 3 of Article 31, his property, shall likewise enjoy inviolability
Article 34: they are exempt from most taxes, and under Article 36 they are exempt from most
customs duties.
Article 31.1c: Actions not covered by diplomatic immunity: professional activity outside diplomat's
official functions.
Article 37: The family members of a diplomat that are living in the host country enjoy most of the
same protections as the diplomats themselves.”
Furthermore, Head of State immunity was not permitted to prevail in the Nuremberg Charter, which
was the outcome of the Four Power Agreement that was signed in London on August 8, 1945. It was the
first to provide for “an International Military Tribunal for the trial of war criminals whose offenses have no
particular geographical location." Article 7 of the Charter in fact expresses its rejection to sovereign
immunity for military and political leaders, stating that, “The official position of defendants, whether as
heads of state or responsible officials in government departments, shall not be considered as freeing them
from responsibility or mitigating punishment.” In addition, state offices usually acknowledge today that
heads of state, heads of government, and ministers, among others, have immunity; many nations in fact
have embodied these immunities as part of their domestic laws. By regularly asserting that every official
acting in their official capacity, states hence state that they are immune from prosecution by foreign
authorities for non-international crimes under ratione materiae. These individuals are thus immune from
prosecution for everything that they do during their time in office. A specific example may be a British court
that held a warrant could not be issued for the arrest of Robert Mugabe—who committed various
international crimes—but as he is the serving Head of State at the time of the proceedings, they are not
allowed to issue; this also applies to Fidel Castro in Spain and Jiang Zemin in the United States. Yet, once
the accused leaves office, he/she is liable to be prosecuted for the crimes that are committed before or
after their terms in office, or the crimes that were committed whilst in office in personal capacity—a subject
to local jurisdiction and local law.
A specific example of overlap would be in Spain in 1998 with the
arrest in the UK of Chile’s Pinochet. It was an astonishing decision by European judges and by the House
of Lords, which set aside functional and local immunities; it was ruled that the crimes Pinochet was
accused of fell into the scope of the UN Convention against Torture, crimes that are subject to: universal
jurisdiction (where he could be indicted in Spain, held in custody in the UK on an international arrest
warrant, and then extradited to Spain for trial, for acts that were committed in Chilean territory), crimes that
were absolutely prohibited (no exceptions whatsoever to these international prohibitions), and where
responsibility could not be derogated (no excuses or immunity under any special circumstance).
Major Countries and Organizations Involved
International Criminal Court
The International Criminal Court is an intergovernmental organization and international tribunal that
is located in The Hague, Netherlands. It has the jurisdiction to prosecute anyone who committed
international crimes of genocide, crimes against humanity, and war crimes, as aforementioned. The court
is intent ended to complement the existing judicial systems that are located domestically in any country
and it may hence use its jurisdiction when certain conditions are met, such as when the national courts
are unwilling and unable to prosecuted individuals; this may also be when the Security Council or individual
countries refer investigations to the ICC. It began functioning on July 1, 2002 when the Rome Statue
entered into force. The Rome Statue as aforementioned is a treaty that serves as the ICC’s foundation
and governing document. Any state that has become party of the Rome Statute by ratifying it for example,
becomes a member of the ICC. There are 124 states which are part of the Rome Statue and are members
of the ICC. Recently, however, the countries of Burundi, South Africa, and Gambia have given notice that
they will withdraw from the treaty. The ICC has four divisions: the Presidency, the Judicial Divisions, the
Office of the Prosecutor, and the Registry. The President is the most senior judge that is chosen by his/her
peers in the Judicial Division, which hears cases before the Court does. The Office of the Prosecutor is
led by the Prosecutor who investigates crimes and starts the proceedings before the Judicial Division does
so.
International Law Commission
The International Law Commission was established in 1947 to take the mandate of the General
Assembly which was under Article 13 (1a) of the Charter of the UN. It specifically states that the ILC should
"initiate studies and make recommendations for the purpose of ... encouraging the progressive
development of international law and its codification”. It also stressed the "promotion of the progressive
development of international law and its codification.” By holding an annual session at the United Nations
Office at Geneva, it reiterates the importance of a body of experts subordinate to the General Assembly.
As it was created for the purpose of codifying international law, since it has worked extensively on law of
high seas issues, nationality issues, and treaty law. It is also responsible for the creation of the several
international law documents today, such as the Rome Statute which created the ICC.
United States of America
The United States is not a participant in the ICC. In fact, on July 17, 1998, when the Rome Statute
was adopted, seven countries voted against the treaty: Iraq, Israel, Libya, China, Qatar, Yemen, and the
United States. Various United States Senators have affirmed that the treaty could not be ratified without a
constitutional amendment. The US Constitution in the present form, they argue, doesn’t allow a cession of
judicial authority to any body other than that of the Supreme Court. On the other hand, those that support
the ICC believe that there is no inconsistency with the US constitution, and that the roles of the US
Supreme Court as a final arbiter os US law would not be disturbed if the ICC would be signed. The US
Congress passed the American Service Members’ Protection Act (ASPA) in 2002, containing a great
number of provisions which included prohibitions on the US providing military aid to nations which had
ratified the treaty establishing the ICC (with some exceptions), and it permits the President to authorize
military force to free any US military personnel held by the Court; it is typically called by opponents and
those who criticize it, as the “Hague Invasion Act”. However, the Act was later changed to allow US
cooperation with the Court when dealing with US enemies. The US threatened to veto all the renewal of
UN peacekeeping missions in 2002, unless their troops were granted immunity from the prosecution of the
ICC. The Security Council hence passed Resolution 1422 on July 2002, giving immunity to personnel from
ICC non-state parties that are involved in the UN, authorizing missions for a renewable annual period.
Spain
An indictment in 1998 in Spain are arrest in the United Kingdom of Pinochet was a turning point for
the European judges and the UK House of Lords, which in this case set aside completely the function of
local immunities, by specifically stating that the crimes Pinochet was accused of were within the UN
Convention against Torture, being international crimes that were: subject to universal jurisdiction (Pinochet
could be indicted in Spain, held in custody in the United Kingdom on foot of an international arrest warrant
and then extradited to Spain for trail, all for acts that were committed against Chileans), absolutely
prohibited, and responsibility that cannot be derogated (no immunity nor excuses under any
circumstances). It is important to note that the decisions that were made by the Spanish and British courts
in the Pinochet case were directly on existing domestic law, which were enacted by obligations of the
treaty. Even though Chile is a state party to the treaty, it did not enact such laws, which were defined as
specified international crimes as crimes falling under the domestic criminal code and causing them to be
subject to universal jurisdiction, and therefore Chile could only prosecute Pinochet on the basis of its
criminal code: abduction, assault, murder, etc, but not for genocide nor torture.
Other government officials such as Ricardo Miguel Cavallo, who was a naval lieutenant
commander from Argentina, was indicted in Spain on September of 2002 under the very principle of
universal jurisdiction by judge Baltasar Garzon, extradited from Mexico.
Venezuela
On December 2008, a large group of Venezuelan lawyers filed a complaint to the ICC against Hugo
Chavez accusing him of crimes against humanity such as violations of human rights of political prisoners
in the country, and overusing his governmental immunity to carry out his crimes. Venezuela
has
had
very large problems in respects to diplomatic immunity. The Office of the Prosecutor of the ICC confirmed
in November 2015 that they have received a request to open an investigation into the Venezuelan
government officers and have plans to analyze the information given “with full independence and
impartiality.” The petition for the investigation came from Juan Carlos Gutierrez, the attorney of the
Venezuelan opposition leader Leopoldo Lopez, in order to investigate eight Venezuelan top government
officers, such as President Nicolas Maduro for humanity crimes. However, he confirmed that "this does
not mean that an investigation has commenced, or that the Office is to commence an investigation.”
Various other governmental officials have been accused of abusing their immunity such as Hugo
Carvajal—a government official who was detained in Aruba being accused of trafficking drugs, but utilized
his immunity to drop the case—and other individuals such as nephews from the first lady, Celia Flores;
these individuals were utilizing their diplomatic immunity in order to traffic nearly a ton of cocaine into the
United States. They were detained in Haiti by flying governmental aircrafts and extradited to the United
States where they were recently convicted.
Timeline of Events
Date
Description of Event
20 November 1945 - 1
The Nuremberg Trials were a series of trials held in Nuremberg,
October 1946
Germany, organized by the Allied forces of World War II. They were a
prosecution of prominent members of the political, military, economic,
and judicial leadership of Nazi Germany, prosecuting those who carried
out or participated in The Holocaust and other war crimes. Mechanisms
of immuntiy began to take place.
1945 - 1946
The International Court of Justice was established through the UN
Charter in 1945; the Court began to work in 1946. It is the primary
judicial branch of the UN and it is located in the Peace Palace in The
Hague, Netherlands.
18 April 1961
The Vienna Convention on Diplomatic Relations was an international
treaty that defines the framework for diplomatic relations between
countries; it made effective on April of 1961. By specifying the
privileges of diplomatic missions that enable diplomats to perform their
duties without the possibility of fear or harassment by their host country,
it hence creates a legal basis for diplomatic immunity. The Vienna
Convention was signed this date.
24 April 1964
The Vienna Convention on Diplomatic Relations was made effective on
this date.
16 May 1972
The European Convention on State Immunity was signed in Basel,
Switzerland in 1972 and is in force in eight European countries (Austria,
Belgium Germany, Netherlands, Luxembourg, the United Kingdom,
and Switzerland).
1978
The State Immunity Act 1978 was passed in the Parliament of the
United Kingdom, passed to implement the European Convention on
State Immunity that was signed in 1972 into British Law.
17 July 1998
The Rome Statute of the International Criminal Court (ICC) is a treaty
which establishes the ICC. As of April of 2016, 124 states are partly to
the statute. Among various other things, the statute also establishes
the court’s functions, its jurisdiction, and its structure. Signed this date.
17 October 1998
International Arrest Warrant issued on Pinochet in Spain.
1 July 2002
The Rome Statute was made effective this date.
1 July 2002
The International Criminal Court was made effective this date, when
the Rome Statute was put into force.
12 December 2000
The General Assembly took into account the International Law
Commission’s decision to include the topic of immunity in respects to
foreign officials in the long term programme of their work by passing
Resolution 61/34
16 December 2016
The General Assembly invited the International Law Commission to
give priority to, and to continue on to work towards the conclusion of
the topic by passing Resolution 68/112
Relevant UN Treaties and Events
• Vienna Convention on Diplomatic Relations, 24 April 1961
• The General Assembly took into account the International Law Commission’s decision to include this
topic in the long term programme of their work, 12 December 2000 (A/RES/61/34)
• Rome Statute of the International Criminal Court, effective 1 July 2002
• The International Law Commission took note of their decision to include this topic in their programme
of work, to 6 December 2007 (A/RES/62/66)
• Invited the International Law Commission to give priority to, and to continue on to work towards the
conclusion of the topic, 9 December 2011 (A/RES/66/98)
• Invited the International Law Commission to give priority to, and to continue on to work towards the
conclusion of the topic, 14 December 2012 (A/RES/67/92)
• Invited the International Law Commission to give priority to, and to continue on to work towards the
conclusion of the topic, 16 December 2012 (A/RES/68/112)
Previous Attempts to Solve the Issue
There have been various attempts to solve this issue, most of them coming directly from the
International Law Commission. In 2008, there was a preliminary report on immunity of State officials from
foreign criminal jurisdiction; specifically, discussion was made of the history of the consideration of the
issue of immunity by the ILC and the Institute of International Law. They took into consideration the
preliminary issues (immunity, jurisdiction, and sources) and the issues that needed to be considered in
order to define the scope (the persons covered and the boundaries of the topic). This report was made by
Special Rapporteur Mr. Roman Anatolevich Kolodkin.
In 2011, there was another consideration of
the procedural aspects of the topic, including the discussion of the relationship between as State’s
argument that its official has immunity and that it is of the responsibility of that State for any wrongful act
community by the official which gives rise to the issue of immunity. This Third Report was made by the
Special Rapporteur, Mr. Roman Anatolevich Kolodkin. In 2012, there was a consideration on the topic
during the quinquennium 2007-2011. The issues that were considered were immunity ratione personae
and immunity ratione materiae, the international responsibility of the State and the international
responsibility of individuals, the implications for immunity, and procedural aspects of immunity, as well as
normative elements of immunity ratione personae. In 2014, there were further discussions on the
normative elements of immunity ratione personae and what the concept of an “official” was; Special
Rapporteur was Ms. Concepción Escobar Hernández. In addition, in 2015, there was further consideration
on the remaining aspects of the scope of immunity ratione materiae, specifically what constituted an “act
performed in an official capacity” and the temporal scope. It defined an “act performed in an official
capacity” and drafted further definitions on the scope of immunity ratione materiae. In 2016, analysis of
the limitations and exceptions of the issue question were further explored. There were deals successively
with the ILC, taking into consideration over how to deal the topic, the analysis is of relevant practices,
methodological and conceptual questions to the limitations, and times when the immunity of officials from
foreign criminal jurisdiction does not apply. A draft article was proposed from the basis of the studies. This
report was made by Special Rapporteur, Ms. Concepción Escobar Hernández.
Possible Solutions
Possible solutions to this issue would have to go through each core of each country, and changing
the diplomatic immunity laws by federal legislation would constitution in most countries. For example, the
US Congress has the power when it comes to foreign affairs, and would "enact laws that are 'necessary
and proper' to implement the President's Article II foreign affairs powers." Furthermore, the United States
Supreme Court has stated that "power over external affairs is not distributed, but is vested exclusively in
the national government.” The President also has the power to enter treaties governing diplomatic
immunity with foreign nations.
Another possible solution to the problem of diplomatic crime is for
the creation of a special diplomatic tribunal within the International Criminal Court; it would be constitutional
in most countries to enact this. This tribunal would specifically prosecute diplomates accused of criminal
actions on trial and punish them accordingly to the gravity of their crimes. The possible Diplomatic
International Criminal Court could be set up to mirror the actions of the main ICC. Similar to the ICC, the
DICC could be there to complement the current regime of diplomatic law but not replace it; past incidents
on diplomatic crime based on the remedies given by the Vienna Convention in fact do work, so there isn’t
a need to completely change the current foundations of the ICC. Also, the old principle of respect of
sovereignty hence dictates that any affected country should be allowed to prosecute the criminal actions
of a diplomat through remedies of the Vienna Convention and other bilateral agreements. However, even
though there is great support worldwide for these mechanisms, there are still cracks, and hence further
strengthening and closure of loopholes should be highlighted through a possible DICC.
Furthermore, monetary compensation
plans for any victim of diplomatic crimes is in fact a popular idea that resonates across governments, as it
would even be constitutional under the US constitution. Several have suggested that there should be a
sort of requirement fro countries to remove insurance plans for diplomats and other have stated that
nations should pay into an international compensation fund for the victims of diplomatic crimes. However,
it is also possible to go through the simple path: merely impose economic sanctions or break off relations.
Specifically, the Diplomatic Relations Act, it is constitutional for the US to carry insurance plans for US
diplomats, and any monetary compensation options should be achieved through federal legislation. This
solution however has a limitation, as it would strain a country’s budget to encompass these policies of
compensation instead of creating a multinational treaty to spread costs amongst other countries. These
are all specific possibilities to the solution: proper laws through core federal legislation, the creation of a
Diplomatic International Criminal Court, and the compensation of money.
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Forum:
General Assembly 6th Committee
Issue:
Transparency of investments in the arms trade
Student Officer: Sarah Tabbaa
Position:
Deputy Chair
Introduction
Arms are sadly ending up in the hands of terrorists where they are used to fuel armed conflict
and violence leading to fears of human rights. The main problem is that only a few government publicly
share their information about their arms trade industry annually. The lack of transparency is the main
cause behind this global concern. The most straight forward way to reach the highest levels of
transparency within the arms trade is through the publication of comprehensive, detailed and clearly
structured annual reports on arms exports. The arms trade industry is one that is dominating global
politics and economies, as it is estimated that the volume of international transfer of major conventional
weapons is around $50-70 billion. Many countries have been heavily involved in this matter. For
example, Russia spends 4.5% of its GDP on its armed forces. Each country has a different transparency
rate based on the Transparency Barometer, where Germany, UK and the Netherlands were the most
transparent major small arms exporters. As for the least transparent countries they are North Korea, Iran
and Saudi Arabia. Investments in the arms trade should be transparent among all, to ensure the stability
and security of all state.
Definition of Key Terms
Arms Trade:
Movement of weapons at war across and between countries such as ammunition. It is the global
market for any product of the arms industry, which includes land based weapons, small arms, aerospace
systems, naval systems.
Transparency:
It is the opposite of secrecy. In terms of transparency in the arms trade, it would mean providing
full, accurate reports to international agencies, such as the UN as it published the Arms Trade Treaty
(ATT). Transparency allows states, governments and organizations to know the basics facts, figures,
mechanisms and processes of the arms trade
Non State Actors:
Non state actors range from criminals, which include the black market arms traders, armed rebel
groups, terrorist groups, civilian militia, political parties, private military companies and civilians.
Black Market:
Black market is trade beyond governmental control, this is to avoid government price control or
taxes. The black market is the main platform at which illegal arms trade occurs, where it is extremely
difficult to implement transparency of investments.
Grey Market:
The grey market is where transfers occur legally through the government, however, agents find
loopholes to avoid national and international laws and policies.
Conventional Arms:
According to the UN, conventional arms include: Battle tanks, armoured combat vehicles, Largecalibre artillery systems, combat aircraft, attack helicopters, warships, missiles and small arms. They are
not weapons of mass destruction such as nuclear, biological or chemical.
Arms Broker:
An arms broker is a person acting an intermediary between relevant parties, facilitating
transactions in return for some form of financial benefit
Arms Trade Treaty:
The Arms Trade Treaty is a multilateral, legally binding agreement. It was adopted in April 2013.
It establishes common standards for international trade of conventional weapons and seeks to reduce
illicit arms trade.
Sustainable Development Goals:
The Sustainable Development Goals (SDGs) is an agenda set by the UN to help reduce world
poverty, global warming and to sustain world peace and stability. Member States agreed to reduce illicit
arms trade flows by 2020, under goal 16 of the SDG.
Transparency Barometer:
The Transparency Barometer is a tool used to measure the transparency of different states. The
transparency scale is out of 25. For example, Netherlands is one of the most transparent exporters, with
a score of 19.5.
Dual Use Goods:
Goods that have both military and civil purposes.
Background Information
Brief History and context
The arms race was the main cause behind the increase of illicit arms trade. The two superpowers
that emerged out of the World War II were the United States and the Soviet Union, where competition
arose between the two nations to acquire the most arms and weaponry. During the Cold War, illegal
arms trading took place, which is known as the Iran Contra Affair of 1985-1987. The Central Intelligence
Agency secretly supplied Iran with weapons via Israel, despite an arms embargo, with aims to secure the
release of American hostages in Lebanon. An alternative plan was set up under the Regan
administration, in which they directly sold to Iran, and the profits of these arms were used to finance the
Contras in Nicaragua, who fought against he Cuban- backed, communist Sandinistas. These actions
were not approved by the US congress, which made these actions illegal. Some action was taken during
the Cold War to tackle this issue. For example, the Coordinating Committee of Consultative Group
(COCOM) merged the US and its allies during the Cold War where It aimed to impose restrictions on the
transfer of dual use technology to the USSR. However, nothing was done between 1945 and 1991 to
establish arms trade control standards.
Arms Trade Transparency Criteria and Process:
There are specifications in order to determine whether the trade is transparent or not. The first
criteria tackle the availability and clarity of information included in the report. The quality of the
information and its reliability is also one of the criteria to assess transparency. One of the criterion is the
comprehensiveness, which basically tackles the type and quantity of information. Providing information
that can be compared to previous years and other countries also indicates transparency. The level of
detail is also one of the criteria as well as the relevance of the data. The process of submitting reports
regarding arms exports and imports is quite simple. A company reports its arms sales in an annual report
to a defence ministry. After that, the defence ministry sends the information to a research institute or
trade journal to process and evaluate the data.
Transparency Barometer
The Transparency Barometer is used to assess and evaluate the transparency of arms trade for states
whose exports have reached more than 10 million dollars. Up until today, it only evaluates 52 states. The
transparency barometer evaluates nations arms export reports, reporting to the EU report, submission to
the UN Commodity Trade Statistics Data Base (UN comtrade) and information provided to the UN
Register of Conventional Arms. Scores are awarded based on a 25- point scale. The higher the points a
country has, the more transparent it is. No country has ever reached maximum points. However,
Switzerland and the UK have reached up to 20 points for reporting on 2007-10. A country that equals or
exceeds the USD 10 million threshold in any year from 2001 onwards will be included in the Barometer
retrospective (backdating).
Small Arms Trade Transparency Scoring Guidelines
The timeliness of the report is out of 1.5, the points are awarded to countries that submitted data
in the previous two years. The access and consistency of the report is another guideline, in which they
asses if the country has placed the report online for free, if the country has provided biannual and
quarterly reports in addition to the annual report and if the same tool has been used to report the arms
activity. The clarity of the report is maximum 5 points and is based on whether the country distinguished
between government and private industry supplied transactions and if they country distinguished
between small arms and light weapons from conventional arms. If the country provided examples of
temporary exports, information on its small arms laws, information on to the tals of deliveries, licences
granted or refused and information on authorized arms brokers. As for comprehensiveness, it is out of
6.5. It is assessed on whether the country provided information on its exports of MANPADS, rocket
launchers, sporting rifles and light/medium/heavy machine guns, etc. The maximum points for deliveries
is 4 points. This criterion tackles if the country provided information on delivery recipients and the
specific end user. The licences granted provides a maximum of 4 points, and if the country provided
information on the intended country of import and intended end-user. Finally, the licences refused has a
maximum of 2 points, and it is based on the country’s identification of prospective imports that were
refused licenced.
Notable Deals of Arms Trade:
There are significant individuals in history who have been notorious arms smugglers, one
of the most noteworthy being Viktor Bout. He is one of the world’s most prolific arms traffickers,
also known as the “Merchant of Death”. Viktor smuggled weapons to conflict zones in South
America, the Middle East and Africa. He started exploiting after the collapse of the USSR, where
huge stockpiles of weapons couldn’t be used. He traded illegal weapons with the Liberian
President Charles Taylor for illegal diamonds in return. Eventually, Bout was caught red-handed
by the US Drug Enforcement Agency (DEA). DEA agents imposed as rebels seeking to purchase
arms. Bout was sentenced to 25 years in prison, as they found him guilty of conspiracy to kill
Americans.
Black Market and Illicit Arms Trade
There has been a striking growth in the trades in the black market, which is largely due to the
increasing non state actors, such as terrorist groups. Another major reason that increased the rates of
arms in the black market is the implementation of UN arms embargoes. It has been estimated that the
value of black market transactions in Bosnia alone is 2$ billion. Moreover, theft of weapons from military
and police warehouses is a major problem in conflicted countries, which has increased the levels of
armed violence and lowers the transparency of arms trading. According to the Small Arms Survey, the
black market is worth1 billion USD per year. Although the black market trading is only a small portion of
the total value of conventional arms, they account for the majority of casualties in most armed conflicts.
Consequences of Illicit Arms Trade:
Illicit arms trade has long and short term consequences. The main consequence is that due to
the lack of transparency of trading between states and non states, the arms are getting into the hands of
criminals and terrorist groups, as they result in more than 500,000 deaths each year. Arms trafficking
causes various consequences as it worsens civil wars and contributes to violent crime. Arms trafficking
fuels civil wars and regional conflicts; stocks the arsenals of terrorists, drug cartels, and other armed
groups; and contributes to violent crime and the proliferation of sensitive technology. Many countries are
willing to aid radical groups in terms of arms and weaponry, such as the US, UK, France, Germany,
Netherlands and Saudi Arabia. Their secretive contribution to such groups, fuels conflict and violence,
which accumulates to the many problems developing countries face such as poverty.
Dual Use Goods:
Dual use good are a major issue when it comes to the transparency of arms trade. Examples of
dual use goods are software and technologies that have the potential to be used for both civilians and
military applications.
Wassenaar Agreement:
The Wassenaar Agreement has more than 41 participants. The main reason behind its creation
is to promote transparency amongst conventional arms and dual use goods trading. Every six months,
member countries exchange information on deliveries of conventional arms to non-Wassenaar members
that fall under eight broad weapons categories: battle tanks, armored combat vehicles (ACVs), largecaliber artillery, military aircraft, military helicopters, warships, missiles or missile systems, and small
arms and light weapons. Regularly, subcontractors supplying components to a large major contractor
don’t have the knowledge regarding the use of the purchased products and whether they will be used in
defence or civil products.
Major Countries and Organizations Involved
United States
The United States is the largest importer and exporter for arms, yet is the most transparent
country, as it includes precise and accurate data in the form of annual export reports. The report
generally includes the recipient country, quantity of weapons, price and its detailed description. In 2011,
the United States arms manufacturers and dealers exported to 161 countries, and arranged direct
government-to-government sales with 133 countries. The US has not yet ratified the Arms Trade Treaty.
“The United States has taken a principled stance against supporting an ATT – not because we do not
support the reduction of illicit arms transfers, but because we do not believe an international treaty is the
right instrument to achieve that goal.” 40% of The United State’s arms exports are destined to the middle
East, due to the rise of ISIS and other terrorist groups.
Brazil
Brazil is the fourth biggest global export of light arms in the world. In June 2013, Brazil signed the
Arms Trade Treaty. In March 2014, the treaty was still pending approval by the ministry of Foreign
Relations. Despite the delay from the Brazilian ministry, the treaty was ratified. Brazil puts effort in trying
to control imported and exported arms, as they are approved by Brazil’s Ministry of External Relations
and the Ministry of Defence. The main problem is that after they are approved, the government doesn’t
have much control. Brazil is a major exporter to Saudi Arabia, as 109,559,247$ worth of arms and
ammunition was exported from Brazil to Saudi Arabia in 2015. According to Amnesty International,
cluster unexploded munitions found in the attack site in Yemen show strong similarities in relation to
Brazilian made cluster bombs used by Saudi Arabia. Brazil has one of the most secretive export
processes in the world, ranking at 43 in the Transparency Barometer. In order to ensure the ratification
of the Arms Trade Treaty, a Brazilian coalition of civil society organizations was created in 2015 to
monitor the implementation of the treaty.
Iran
Iran has blocked the adoption of the Arms Trade Treaty during the treaty drafting session. Iran
exports small arms and light weapons to sub-state and non-state actors often designated as terrorist
groups by the US and EU. Iran supplies weapons to Hezbollah and other terrorist groups. Theoretically,
Iran would need to abandon its support for these groups, which is an unlikely scenario, which is why the
have declined the ATT. Iran has also blocked the Geneva Declaration on Armed Violence and
Development, which aims to address the armed violence and its impact on development. According to
the United Nations Register of Conventional Arms, Iran didn’t submit any annual report on arms exports,
making it one of the most secretive countries.
United Kingdom
The United Kingdom is identified as one of the most transparent countries and is a major small
arms exporter. However, Oxfam have accused Britain of being one of the most significant violators of
the international Arms Trade Treaty. Oxfam says the government has gone from being an “enthusiastic
backer” of the international Arms Trade Treaty to “one of the most significant violators.” “U.K. arms and
military support are fueling a brutal war in Yemen, harming the very people the Arms Trade Treaty is
designed to protect. Schools, hospitals and homes have been bombed in contravention of the rules of
war
Transparency International:
It is a non profit
organization based in Berlin, Germany. Its main purpose is to combat corruption and to prevent criminal
activities arising from corruption. It publishes various reports and issues such as Corruption Perception
Index and Global Corruption Report.
Timeline of Events
May 30 1997
Drafting the International Code of Conduct on
Arms Transfer, later known as the Arms Trade
Treaty
June 7, 1999
Inter-American Convention on Transparency in
Conventional Weapons Acquisitions: 20 members
states signed the convention, highlighting the
importance of transparency of imports and exports
of weapons. The purpose of the treaty is to
increase trust between the nations of the
Americas by the exchange of information
concerning conventional weapons acquisitions by
each nation.
July 1998
Global Convention Prohibiting the International
Transfer of Military Small Arms and Light
Weapons to Non-State Actors
The proposal emphasized the need to ensure that
military SALW are better controlled to prevent
their delivery or diversion into wrong hands
November 2000
The Arms Trade Treaty emerged as the first
legally binding international agreement that aims
to control and monitor the transfer of conventional
weapons
December 1, 2000
Bamako Declaration: All member states of African
Unity adopted the Bamako Declaration, it is a
treaty of African Nations prohibiting the import of
any hazardous waste.
July 20, 2001
- United Nations Conference on the Illicit Trade in
Small Arms and Light Weapons in All its Aspects.
The aim of this conference is to prevent, combat,
eradicate the illicit trade in Small Arms and Light
Weapons. The proposal states that exporting
countries will supply small arms only to
governments either directly or through entities
authorized to procure arms on behalf of
governments.
April 21, 2004
Nairobi Protocol for the Prevention, Control, and
Reduction of Small Arms and Light Weapons: The
Protocol requires certain national legislative
measures, the strengthening of operational
capacity and sufficient measures to control SALW
both state-owned and in civilian possession.
June 16 2006
Economic Community of West African States
(ECOWAS) Convention on Small Arms and Light
Weapons: It is a regional group of 15 countries,
such as: Ghana, Niger, Nigeria, Senegal,
Senegal. The convention prohibits all international
transfers of small arms within sub region unless a
Member approves it.
April 2, 2013
The Arms Trade Treaty was adopted by the UN
Relevant UN Treaties and Events

Arms Trade Treaty, 3 June 2013

International Code of Conduct on Arms Transfers, New York, May 1997.

European Union Code of Conduct on Arms Exports, Brussels, 5 June 1998.

United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects, Report of the United Nations Conference on Illicit
Trade in Small Arms and Light Weapons in All Its Aspects, New York, 9-20 July 2001
(A/CONF.192/15), chapter IV.

General Assembly resolution 61/89 of 6 December 2006

Report of the Preparatory Committee for the United Nations Conference on the Arms Trade
Treaty, 7 March 2012 (A/CONF.217/1).

Report of the Final United Nations Conference on the Arms Trade Treaty, 2 April 2013
(A/CONF.217/2013/2).

Transparency in armaments, 10 December 2013, RES 68/42

Transparency in armaments, 12 January 2012, RES 66/39

Transparency in armaments, 12 January 2010, RES 64/54

Security Council, 26 September 2013, RES 2117

UN Register of Conventional Weapons:
Previous Attempts to solve the Issue
The Arms Trade Treaty is the first legally binding agreement ever negotiated in the United Nations
to establish common standards for international transfer of conventional weapons aiming to minimize illicit
arms trade in order to reduce human suffering as a result of illegal trade. This treaty has been ratified by
various countries and has proved its effectiveness in solving the issue.
During the Cold War, standards were set on the transfer of chemical, biological and nuclear
weapons, not paying enough attention on conventional arms. The treaty was drafted in July 2012, however
it was delayed due to the fact that some countries such as Russia, USA and Syria delayed the process. A
year later, a new resolution in the UN General Assembly was sponsored to adopt the Arms Trade Treaty.
The effectiveness of the treaty has been proved as it is one of the fastest approval process for any
multilateral arms treaty. It has only taken 18 months to enforce it. It is not an arms control treaty, and it
doesn’t place restrictions on the types or quantities of arms that may be bought, sold or possessed by
states. It doesn’t impact a state’ domestic gun control laws.
Another measure that was taken in order to tackle the issue of lack of transparency in the arms
trade, which is the European Union (EU) Code of Conduct on Arms Exports. It is a politically binding
instrument that’s seeks to increase transparency among EU states on arm exports. The Code of conduct
is not proven to be effective, this is merely because it is voluntary. There is no legal obligation for the
countries to report their exports and imports, meaning that there is nothing that compels a company or a
state to report its arms sales, and consequently companies often choose not to do so.
Possible Solutions
There are various possible solutions in order to tackle the issue of lack of transparency in the
arms trade. First of all, inspections agencies should collaborate with the Arms Trade Treaty (ATT) to
inspect and supervise the country’s implementation of its regulations. Other than that, states who ratify
the Arms Trade Treaty should be legally required to exchange information according to a unified report
to ensure that the same quality of information is presented within all countries. The ATT in accordance to
other treaties and conducts should implement effective law enforcements for those violating legislations.
If the inspection agencies find out that a country is violating the Treaty’s obligations, then financial
sanctions should be imposed on the country. Overall, the transparency reports should be enhanced and
submitted with clear details and comprehensiveness, this will be done through making the Small Arms
Survey guidelines and scoring more specific. In order to prevent the interference of arms brokers, who
usually trade in secrecy, incentives should be placed to the OEM (Original Equipment Manufactures) to
make them sell directly to the government. In order to effectively control the exports, end-user
certificates should be developed by the United Nations and distributed to all nations. To further track
down traffickers, special research and intelligence bureaus at INTERPOL or United Nations should be
initiated. The bureau would collect and disseminate data on suspended international arms smugglers
and assist national law enforcements agencies in locating and prosecuting smugglers.
Bibliography:
Haug, Maria. Shining a Light on Small Arms Exports: The Record of State Transparency. Geneva: Small Arms
Survey, Graduate Institute of International Studies, 2002. Web.
Norton-Taylor, Richard, and Owen Bowcott. "War on Terror Fuels Small Arms Trade." The Guardian.
Guardian News and Media, 09 Oct. 2003. Web. 19 Nov. 2016.
<https://www.theguardian.com/world/2003/oct/10/armstrade.richardnortontaylor>.
Scheffer, Emma. "General Assembly 1 – Disarmament and International Security." MUNA. Web. 19 Nov.
2016. <http://www.munish.nl/pages/downloader?code=ga104&comcode=ga1&year=2011>.
"Trade Update 2016: Transfers and Transparency." ReliefWeb. Web. 19 Nov. 2016.
<http://reliefweb.int/report/world/trade-update-2016-transfers-and-transparency>.
Appendix or Appendices
I.
http://www.munish.nl/pages/downloader?code=ga104&comcode=ga1&year=2011
II.
http://blogs.isb.bj.edu.cn/isb-mun/files/2014/12/DISARM-Arms-Trade-in-LEDCs.pdf
III.
http://www.forbes.com/sites/niallmccarthy/2015/06/25/the-biggest-military-budgets-as-apercentage-of-gdp-infographic-2/#683c23564064
IV.
http://www.globalissues.org/article/74/the-arms-trade-is-bigbusiness#HiddenCorporateWelfare
V.
http://www.globalissues.org/article/74/the-arms-trade-is-big-business
VI.
https://intpolicydigest.org/2015/01/05/guns-weapons-illegal-trade/
VII.
https://www.theguardian.com/world/2003/oct/10/armstrade.richardnortontaylor
VIII.
http://rmunatunagb.wikispaces.com/file/view/Illegal+Arms+Trade.pdf
IX.
https://www.theguardian.com/world/2003/oct/10/armstrade.richardnortontaylor
X.
https://www.oxfam.org/en/campaigns/why-we-need-global-arms-trade-treaty
XI.
http://blogs.isb.bj.edu.cn/isb-mun/files/2014/12/DISARM-Arms-Trade-in-LEDCs.pdf
XII.
http://www.smallarmssurvey.org/fileadmin/docs/B-Occasional-papers/SAS-OP04Exports.pdf
XIII.
http://books.sipri.org/files/PP/SIPRIPP12.pdf
XIV.
http://controlarms.org/en/treaty/
Forum:
General Assembly 6th Committee
Issue:
Consideration of prevention of transboundary harm from hazardous
activities and allocation of loss in the case of such harm
Student Officer: Arda Serter
Position:
Deputy Chair
Introduction
Ever since the adoptions of Stockholm Declaration environmental concern began to develop
increasingly. However particularly after adoption of the Rio Declaration and Johannesburg Conference
(2002) a significant level of international cooperation has contributed in installing official regulations to
environmental matters.
Environmental problems are perhaps one of the most critical aspects among all other
international issues. Preserving the environment is vital when it comes to sustaining and platforming a
healthy economy, society and future. Aside from the dramatic effects of global warming, hazardous
activities are also capable of conditioning international disputes since they may undesirably impact the
boundaries of another State as an outcome. There are a variety of types of transboundary hazardous
activities. Since the problems which may arise are in need of elaboration, it is essential to isolate and
then classify them for applying suitable measures when such event occurs. However, there are other
aspects to the issue which demand further emphasis. For instance, determining what type of
environmental damage is to be compensated or the amount of financial support to be delivered to the
victim(s) after such occasions are crucial. Of course such questions directly involve State of origins’
liabilities and responsibilities. After all, damage caused by transboundary hazardous harm not only
comprises the environment but also of persons, property and other States’ territories, so the aggrieved
party’s rights cannot be neglected. So it is mandatory for States to take precautions and modify or
upgrade their preventative mechanisms for such harm.
Overall, this issue is complex due to the challenges both the victim(s) and the State of origins
confront. It is immensely important to determine the establishment of both legal and technological
preventative mechanisms for avoiding such conflicts and assisting the victim(s).
Definition of Key Terms
Transboundary harm
This term refers to the physical damage inflicted by handling, storage, production, carriage,
unloading or other similar operation of one or more dangerous substances. In addition, it addresses the
physical consequences which emerge from the use of technologies that are responsible for emitting
hazardous radiation or introducing dangerous genetically altered organisms and dangerous micro-
organisms into the environment inside the territory which is under the jurisdiction or control of another
state. Harm which arises from these activities are detrimental to persons and property.
Hazardous activity
The aforementioned term and hazardous activity are closely linked. Hazardous activities consist
of activities that are highly risky by means of death, loss and environmental damage. In this topic,
hazardous activities are usually in the context of harmful activities related to technology and materials.
Some examples for this term are: release of radiation, dangerous micro-organisms and polluting
materials.
Liability
Legally, liability is any sort of juristic responsibility, obligation or duty. States are legally bound to
adhere to the laws enforced as measures that are to be implemented whenever compulsory. In this
topic, activation of liability measures is mandatory. It is a fact that transboundary hazardous activities
may occur regardless of the precautions taken by a state but satisfying compensations are immensely
important to promote reasonable policies towards the aggrieved party. However, this issue is very
controversial and it is a matter of discussion how to specifically treat the situation.
State of origin
The State of origin in this issue corresponds to the origin of the hazardous activity inside the
boundaries of a state. The controversy begins when considering applicable preventions, precautions and
sanctions. Should states be responsible for transboundary harm if they have not taken adequate
measures beforehand to prevent such harm, or should they compensate even if they have done so?
Victim
There are a variety of types of victims in this issue. Transboundary hazardous activities are
capable of generating damage to individuals, property, environment and the affected party as a whole.
The provision of sufficient remedies to the victims of transboundary damage is obligatory if this issue is
to be properly tackled.
States likely to be affected
These are States which are likely to be affected by a significant transboundary harm or may be
possessing an area that may be the origin of a hazardous activity. It is indeed necessary to determine
which regions may feel the adverse effects of the transboundary hazardous harm in order to
appropriately take legal and technical action.
Background Information
The issue of preventing transboundary harm is a wide topic and requires focus from rich
perspectives. Hazardous activities trigger transboundary damage through various ways. Scientific
progress in the fields of industry, agriculture, technical field and technology causes such harm that is
capable of spreading to a broad area. Air pollution, water pollution, spread of fumes and waste dumping
are some example activities which can potentially affect the properties, living conditions and
environments of other entities. Since there are several types of hazardous activities at hand, clarifying
which types of these activities are to be compensated by whom and how demand drawing attention. On
the other hand, States of origins’ legal responsibilities require good all round categorization. However, an
internationally reached consensus on the amount of supplies or financial aid to be conveyed to the
States likely to be affected or the victims is also essential. On the path of accomplishing such legal step
requires reasonable economic and political approaches. States implicated in hazardous activities must
be compelled to abide by the international agreements set forth. This indicates that States’ policies
should be accountable or at least should not contradict with the international rules and laws. However,
even if such legal instruments are valid, it is a challenging task to prove causation since States have
disparate capacities to ensure high-standard protection. Meanwhile, it is difficult to identify an injured
State particularly if the environmental damage is felt in global commons areas. Putting aside all this, the
issue gains another complexity when considered beneficial outcomes these activities provide. Since
such activities which may cause hazards are profitable, it is not easy to prohibit or restrict them directly.
Transboundary hazardous activities
Transboundary environmental conflicts arise from undesirable physical cross of environmental
elements such as animals, micro-organisms, waters and weather systems onto the territory which is
under the jurisdiction of another party. These type of events are categorized as transboundary. An
example concerning such conflict would be the emission of greenhouse gases.
Acid rains
Emissions of greenhouse gases or fossil fuels are explicitly responsible for generating
acid rains. Sulphur dioxide and nitrous oxides are the main chemicals that impact the forming of
acid rains. They are emitted from power stations, factories and transport. Acid rains are capable
of harming the environment of which they fall on massively. They can damage buildings, dissolve
metals(the affected metals can be washed into water courses), hinder vegetation, harm the
ecosystems and aquatic life which all have dire economic outcomes. Consequently, all of these
are potential threats to the boundaries of other nations since acid is able to travel in the air to far
distances. Furthermore, acidic rain may not only consist of the chemicals released from only one
State’s emissions but the mixture of several States’. This raises numerous complexities as it is
very difficult to identify each State’s contribution to the problem. Aside from this, it is also
challenging to depict the benefits of the States which are responsible for such activities.
Consequently, the impacts of acid rains are likely to differentiate for each State. This means that
reaching a mutually beneficial agreement is also difficult.
Water pollution
Other than acid rains, water pollution is a fundamental problem which is mandatory to be
dealt with since water quantity and quality are vital for most States, especially for developing
ones. When contaminated water flows into the rivers and lakes of these States, it is usually
difficult for them to afford the enhancement of the quality of their waters. As a result, economic
activities such as irrigation and fishing becomes even obsolete depending on the severity of the
pollution. Events like these may occur when industrial facilities discharge into rivers and lakes.
Another type of water pollution is chemical spills. The release of toxic contaminants into the
environment may affect the surrounding regions severely. Chemical spills are more intense since
much higher concentration of the contaminant is released at a time. Appropriate methods can be
applied to track down the source of these contaminations and impose measures for such
occasions. However, PAHs emitted from car exhaust is much harder to deal with. Since a vast
amount of vehicles emit PAHs, it is impossible to track the contamination at one source.
Pollution in Lake Victoria
Air pollution
Air pollution is another main problem. It degrades the living quality of the ones affected
along with the economy and environment. The transport, industry and agriculture sectors
massively release pollutants into the air. Air pollution causes respiratory and cardiovascular
diseases. Not only with this, it assaults vulnerable biodiversities and ecosystems which is also
rendering the human race to become vulnerable. Air pollution directly feeds acid rains and
requires international collaboration.
States’ roles and international environmental regulations
The issue of international responsibility for environmental harm has become a doctrinal problem.
States have different opinions regarding environmental protection and suggest to convey the matter to
the International Court of Justice or Arbitration. In environmental matters the involvement of NGOs is
essential, especially when it comes to the forming of regulations and their assessments. They are useful
at such matters since they contribute to the negotiations of protocols and treaties. In addition, they are
the backbones of collecting datas regarding any conflict.
The formulation of policies and international laws must begin with the identification of the “State
of origin”. If the determination of the State(s) where the pollutants are being emanated, the determination
of the regulations regarding transboundary damage is through the linkage between international human
rights and international environmental law. The American Convention on Human Rights and The African
Charter on the Humans and Peoples Rights deal with the environmental protection on trying to protect
the right to life. Also, when formulating the international regulations, the relationship between the
protection of the environment and economic development is crucial. A balance needs to be found
between these aspects.
Consideration of the appropriate allocation of loss and victim compensation depends on two
cases, activities that cause such harm which are illegal by international law and activities which have not
been prohibited by the international community. International Law Commission’s work on liability cases
established that an activity is illegal if that specific activity is assigned so by international law to a State.
In Article 8 of ILC Articles ILC states the exercise of activities which may cause transboundary harm
conducted by private actors are the responsibility of the State of origin. This way, all lawful acts are
considered as the lack of monitoring of that State. Additionally, the issue of prevention and precautionary
principles are also part of the State responsibility. Article 30 of United Nations General Assembly which
says: "All States have the responsibility to ensure that activities within their jurisdiction or control do not
cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”
Related Cases in the Past
The Chernobyl disaster
The Chernobyl nuclear disaster 26 April 1986 within the Chernobyl Nuclear Power Plant.
Explosions and flames following them released large quantities of radioactive contamination into the
atmosphere that spread to the western regions of USSR and Europe. It is considered the worst nuclear
power plant accident in history. It had dire health effects on millions of people.
The Sandoz Chemical Spill
In November 1986, a fire at the plants of the Swiss chemicals company Sandoz 20 tonnes
of toxic pollutants were emanated into the Rhine River. As a result, the River’s ecosystem was
adversely affected. The fish population was severely damaged. The spill reached all the way to
the Netherlands, which was back in the time using the River as a source of drinking water.
Similarly, German borders comprising the Rhine were also unavoidably impaired. There have
been many improvements since the occurrence of the incident. The most effective ones include
Hazardous Accidents Ordinance (StörfallV) and the EU Seveso II Directive, aimed at improving
control of major-accident hazards involving dangerous substances.
Major Countries and Organizations Involved
International Law Commission
The ILC was established by the UN General Assembly, undertaking the mandate of the
Assembly. Its main objective is to encourage international law and its codification.
ILC is a main contributor to the solution of this topic. It has cooperated with The Special
Rapporteur and UN. It has also assigned an expert Working Group to thoroughly investigate the issue
and identify the key aspects. With the access to information thanks to the reports submitted by The
Special Rapporteur and works by the Working Group, ILC proposed Principles and Articles to be applied
internationally. These Principles and Articles attempt to comprehensively define what transboundary
harm is and its aspects. Although not legally binding, these instruments are sound guides to ensure
equitable measures for all Parties.
United Nations Economic Commission for Europe
UNECE works to improve air on the local, regional and national levels in Europe. One of its major
achievement is the Convention on Long-Range Transboundary Air Pollution which was signed in 1979.
The Convention has been extended by the incorporation of eight Protocols which address the specific
measures States need to take in order to suspend their emissions. Fifty-one UNECE Member States are
Parties to the Convention. These States also formulate policies which are in the framework of the
Committee on Environmental Policy.
USA-Canada
The pollution problem embodies two aspects; air and water pollution. Industrial facilities inside
Canada tend to cause transboundary harm in the territories under US jurisdiction while massive
emissions from US also affect Canadian boundaries. The two States have signed The Canada-United
States Air Quality Agreement which promotes the reduction of emissions of sulphur dioxide and nitrogen
oxides, the primary precursors to acid rain. Additionally, Canada and the United States have completed
a joint transboundary particulate matter science assessment report.
Japan
After the end of the World War II, Japan began a vast industrial development process. Due to the
massive increase in industrial manufacturing, pollutant emission rates also inclined considerably. Like
most industrial facility arrangements, Japanese factories were constructed along fresh water sources to
bolster efficiency which precisely affects many environments and societies. The boost of industrialization
triggered major diseases such as Minamata disease. As a result of the increasing damage rates, Basic
Law for Environmental Pollution Control was enacted to enable the implementation of control measures.
With this law, the liability of both local and national Governments were addressed. Also, a special Diet
session of the Showa Period submitted 14 bills regarding pollution-related laws and regulations,
including the Basic Law for Environmental Pollution Control amendments, and all of them were passed.
China
China is a rapidly growing economy. Industrialization and its massive impacts are a reality.
China, therefore is a major Party in the issue. Discharges into rivers immensely affect the boundaries of
other Nations, or the emission of harmful chemicals are capable of transboundary effects. In this case,
China is a risk for further transboundary contamination through ways of pollution. There is air pollution
and water pollution in particular that troubles other countries.
Air pollution
Especially the urban parts of China are suffering from air pollution. The concentration of
PM2.5 levels exceeded over 700 micrograms per cubic meter at many observation points in
Beijing on January 12, 2013. Basically, the levels of this pollutant are greatly higher than both
Chinese and Japanese environmental regulatory limits. The reason behind such drastic
outcomes is the dependence on fossil fuels and unsustainable development programmes. The
Chinese Government has taken countermeasures to get a grip on the issue. Shutting down
outdated factories, relocating heavily polluting facilities, promoting the use of renewable energy,
and regulating the number of cars on the road in mega-cities are the actions taken by the
Government. Although it raises international controversy due to democratic contradictions, their
population control policy has also contributed to the abatement of air pollution problems.
However, Chinese dependence on fossil fuels is and the use of vehicles on roads has increased,
resulting in furthermore air pollution. It is necessary for the Chinese Government to take
additional measures and successfully apply them to prevent harm in both its own territory and
other countries.
Water pollution
Ever since the economic reforms began to be carried out in 1978, transboundary water
pollution became more apparent. The accumulation and distribution of pollutant wastes into the
waters of upstream regions have caused havoc in downstream jurisdictions, affecting
neighbouring countries.
UK
Air pollution and acid rains in particular are the threats which the UK possess to other countries.
The combustion of coal, wood and oil and emissions from solid fuel combustion have been regulated by
the UK and has declined to a degree. On the other hand, harmful gases released from traffic circulation
are responsible for air quality and transboundary pollutants. They too have been regulated. Emissions
from all pollutants have decreased in the UK over the decades. UK is working towards reaching the
targets set by UNECE's Convention on Long-Range Transboundary Air Pollution (CLRTAP) and the
National Emissions Ceilings Directive (NECD). Air pollution remains as a serious issue that the UK has
to continue to take measures on.
Timeline of Events
Date
Description of event
The concept of environmental damage was first brought to discussion at the
Convention on Third Party Liability in the Field of Nuclear Energy, although the
1960
damage was defined as a prejudice caused to people.
On this date, the General Assembly proposed that the International Law
Commission should be compelled to arrange time of focus for the topic
30 November
1973
“International liability for injurious consequences arising out of the performance of
other activities”
The topic “International liability for injurious consequences arising out of acts not
1978
prohibited by international law” was added to the responsibilities of the International
Law Commission.
1989
Another approach was made at the Conference on Civil Liability for Damage
Caused During Carriage of Dangerous Goods by Road, Rail and Inland Navigation
Vessels, which besides damage to property speaks about “any loss or damage
caused by dangerous goods through environmental contamination.”
1993
Lugano Conference refers to damage as “any loss or damage that results from
environmental alteration.”
The Commission decided to begin undertaking the issue in terms of preventing the
1997
harms caused under the subtitle “Prevention of transboundary damage from
hazardous activities”.
The General Assembly requested the Commission to continue its work on the topic
“International liability for injurious consequences arising out of acts not prohibited
by international law”. Issues relevant to the prevention of such harms were the
2001
Commission’s priority, bearing in mind the interrelationship between prevention and
liability.
The Commission decided to recommence its work and effort on the liability aspects
2002
of the issue under the subtitle “International liability in case of loss from
transboundary harm arising out of hazardous activities”.
By adopting draft principles on the “allocation of loss in the case of transboundary
harm arising out of hazardous activities”, the Commission completes its work.
2006
These principles were submitted to the General Assembly and the Commission
recommended the principles to be approved so that the Member States could be
urged to implement them.
The General Assembly examines the report prepared by the Commission. Then,
the principles were introduced to Governments. In addition, the General Assembly
2007
decided to include a new provisional agenda item for its sixty-second session which
was named as “Consideration of prevention of transboundary harm from hazardous
activities and allocation of loss in the case of such harm”.
Relevant UN Treaties and Events
●
Report of the International Law Commission on the work of its forty-ninth session ,15 December
1997 (A/RES/52/156)
●
Report of the International Law Commission on the work of its fiftieth session ,8 December 1998
(A/RES/53/102)
●
Report of the International Law Commission on the work of its fifty-first session ,9 December
1999 (A/RES/54/111)
●
Report of the International Law Commission on the work of its fifty-second session, 12 December
2000 (A/RES/55/152)
●
Report of the International Law Commission on the work of its fifty-third session, 12 December
2001 (A/RES/56/82)
●
Allocation of loss in the case of transboundary harm arising out of hazardous activities ,4
December 2006 (A/RES/61/36)
●
Consideration of prevention of transboundary harm from hazardous activities and allocation of
loss in the case of such harm, 6 December 2007 (A/RES/62/82)
●
Consideration of prevention of transboundary harm from hazardous activities and allocation of
loss in the case of such harm, 6 December 2010 (A/RES/65/28)
●
Consideration of prevention of transboundary harm from hazardous activities and allocation of
loss in the case of such harm, 16 December 2013 (A/RES/68/114)
Rio Declaration
This Declaration reaffirms the Declaration of the United Nations Conference on the Human
Environment, adopted at Stockholm on 16 June 1972. The primary purpose of this Declaration is to
ensure international agreements to protect the rights of all and the integrity of the global environmental
and developmental system. According to Principle 2 of the Declaration, States may rightfully exploit their
own natural resources pursuant to their policies but also are responsible for maintaining safety
precautions within the boundaries that are under their jurisdiction so that other States or individuals do
not meet harm.
The Trail Smelter Arbitration
The start of all international environmental State law and liability is considered to be the seeds
planted by the The Trail Smelter Arbitration. This arbitral tribunal expresses in codification that no State
has the unlimited right to exploit its territory as to cause injury by fumes to the territory or property of
another person or State. This has become an international principle.
Espoo Convention
This Convention determines the underlying obligations of Parties which is to assess the effects of
specific activities to the environment. Moreover, Parties are compelled to consult and notify each other
before conducting any facilities which may considerably affect the environments across boundaries. The
Convention was adopted in 1991 and entered into force on 10 September 1997 thanks to the efforts of
UNECE.
Convention on Long-Range Transboundary Air Pollution
CLRTAP was signed in 1979 and entered into force in 1983. This Convention was initiated as a
response to the outcry against the detrimental impacts of Acid Rain in Europe. As the first regional
environmental Convention, it serves as an effective instrument to reduce the emission of harmful
pollutants in Europe and North America. 51 Member States of UNECE are Parties to the treaty. The
Convention has been extended by 8 Protocols. They were annexed with the aim of consolidating and
improving the decline of the release of harmful pollutants such as sulphur, nitrogen oxide and persistent
organic pollutants.
Previous Attempts to Solve the Issue
The International Law Commission, along with the General Assembly have been focusing on the
issue of avoiding transboundary harm and accidents which may be caused by hazardous activities. The
International Law Commission has been the chief executor of investigating the topic comprehensively. It
established a Working Group to consider the topic’s place in the future in light of the report prepared by
The Special Rapporteur. Additionally, thanks to the second report submitted by The Special Rapporteur,
the Commission was able to convey eight Principles (The Principles on the Allocation of Loss in the
Case of Transboundary Harm Arising Out of Hazardous Activities) on the allocation of loss in the case of
transboundary harm arising out of permitted activities to the General Assembly. These Principles were
then introduced to Governments for receiving their comments. The Principles’ underlying aim is to
facilitate the provision of compensation that is adequate for those who suffer from transboundary harm.
In order to achieve this, the Commission persuades Governments to develop a form of access to a
regime which supports the affordability of such compensation. Although this was proposed as a way
forward, it has come to the attention of the Commission that such methods are not legally binding,
therefore impractical. However, at the sixty-fifth session of the General Assembly, the delegations
welcomed the Principles of the Commission. It was seen that the Commission’s efforts could help serve
as a legal framework and guidance to states for this matter. States are encouraged to be guided by the
Principles set out by the Commission.
Possible Solutions
It may certainly be necessary for a candidate implementation to be backed up by an effective,
legally binding instrument before being mandated. This is because States must be bound to abide to
reasonable and accurate rules and regulations in order to substantially contribute to the progress of any
issue at hand. In light of this, some delegations previously have proposed the forming of a convention
which embodies the Articles set out by the International Law Commission which covers both prevention
and liability aspects of the issue. While some delegations stated that the activation of a convention would
be a fundamental step towards addressing the issue, others have stressed that it would be a premature.
The opposition to the idea of creating a convention expressed the need for the adaptation of a
declaration. Some other delegations suggested to first monitor developments in State practice, when
legal conditions are seen as viable the Articles could then be incorporated into an international treaty. It
may indeed be useful to first seek ways to foster the observation of the development of the Articles and
Principles prepared by the Commission. Managing this may require assigning a well functioning working
group since investigation is critically important. This would also render States to take decisive action
whenever possible with the guidance of the reports which would be prepared by the working group.
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Appendix or Appendices
http://lib.ugent.be/fulltxt/RUG01/001/787/295/RUG01-001787295_2012_0001_AC.pdf
http://www.eolss.net/sample-chapters/c14/e1-36-02-02.pdf
https://books.google.com.tr/books?id=LMBg9iy5ybAC&pg=PA65&lpg=PA65&dq=international+hazardous+activities&sour
ce=bl&ots=gHKOyWZDUW&sig=tCiPSHep8jGf4nLHDQsYpJOeL4&hl=tr&sa=X&ved=0ahUKEwiLrcyVmsnQAhXFDpoKHYeLCZsQ6AEIUTAH#v=onepage&q=international%20hazardous
%20activities&f=false
https://www.unece.org/fileadmin/DAM/env/lrtap/full%20text/1979.CLRTAP.e.pdf
http://s1.downloadmienphi.net/file/downloadfile4/206/1392177.pdf