TED ANTALYA
MODEL UNITED
NATIONS
2017
GENERAL ASSEMBLY - II
CHAIR REPORT
LETTER OF THE SECRETARIAT
DISTINGUISHED PARTICIPANTS, ESTEEMED MUN DIRECTORS,
It is our utmost honor and pleasure to genially invite you to participate in the second
TED Antalya Model United Nations Conference which will take place from 27 to 30
April 2017, in Antalya, Turkey.
As many of you know, TAMUN'16 was a great success for which we worked very hard
and we intend to make TAMUN'17 even better. With participants from all over Turkey,
we expect to provide you with more in depth debates, more culturally diverse
discussions and an even deeper sense of satisfaction on the outcome. We invite you to
enjoy Antalya's hospitality, our conference venue and our school campus along with the
energy and motivation of our TAMUN'17 Executive Board. We are eager to make the
conference a huge success.
Our main aim is to raise awareness among high school students on the tough problems
the world faces today and to use diplomacy to shape the solutions. The MUN experience
will provide the basis for our Future Leaders, something we as TAMUN want to be a
part of. The TAMUN'16’s theme was “The consensus for the new generation”,
TAMUN'17’s theme will be “Designing our Future”. Foreseeing where we are headed
and the (irreversible) damage we are causing, it is time to take precautions now! We
will have five General Assembly committees, an ECOSOC committee, a Historical
Committee, and a Security Council. Please bear in mind that only experienced delegates
should attend the Historical Committee and the Security Council, since their formats
are very different from General Assembly committees and students should be very
familiar with the procedures of GA committees first.
We have worked hard to present TAMUN’17’s participants a productive and satisfying
conference experience which you will never forget. We are looking forward to seeing
you there. May we never forget that the strength we need to make any change comes
with unity, thus, it’s time for us to DEDICATE OURSELVES TO BEING UNITED.
Mete Erdoğan
Secretary General
Mehmet Durmaz
Deputy Secretary-General
Tayga Eraybar
Secretary General
Taylan Adem Ulusoy
President of the General Assembly
Can Araz
Deputy Secretary-General
Topic I: Safety, Protection and Security of Diplomatic
Councils and Representatives
CHAIR: DEFNE BAŞEREN
Honorable delegates,
My name is Defne Başeren. I go to TED Ankara College and am an 11th grader. I’ve
been doing MUN for four years now and I am still very excited for everyday I get to do
it.
I am delighted to be chairing such a prodigious committee. Be sure that the more you
participate the more fun and productive the sessions will be (and yes the weakness in
your knees will go away with time) . Don’t be afraid to ask questions and make speeches
while never forgetting that you are represeting a counrty. Do it as well as you can. No,
in fact become one with the country.
The agenda of the Political committee appears to be more crucial than ever since it
deals with not only the right and peaceful use of the World but also of outerspace as
well as the security of diplomats and other agents which is substantial to maintain
healthy relations between states and, as a result, obtain a functioning, stable, peaceful
World.
I am looking forward to meeting every one of you and having an exceptional TAMUN
experience.
Defne BAŞEREN
1. INTRODUCTION
1.1 Introduction of Immunities and Privileges
The issue of security and protection of diplomatic figures has always held great
importance. The concepts of protection and safety not only cover the physical security
of the diplomatic agent but also the protection of their immunities and freedoms in a
receiver state from legality and interference of the receiver state. In cases of bilateral
relations immunities of diplomats hold great importance. In fact, concepts of diplomatic
immunity and privelege were first presented in the Congress of Vienna in 1815. Without
a doubt, the issue has only got more vital in time as tension escalated in the World, as
blocks formed during and post-wars. Especially today, in a World where ambiguous
bordes are formed concerning the ensurance of safety of not only citizens but also
officials, comprehending the issue wholly and understanding its principles is more
crucial than ever since the abuse of these immunities has only got more outrageous,
causing waves of chaos within communities.
Granting immunities and privileges to diplomatic councils and representatives
for them to be able to perform their duties in the most effective and functional way and
also to safeguard the said agents from any conflict that may escalate between two states
has been a commonly applied policy throughout history by state governments. The
lawful and appropriate implementation of these privileges and immunities serve as the
cornerstone to the security, safety and protection of the diplomatic representatives.
Diplomatic immunity may briefly be explained as a basic principle of international law
which suggests that the diplomatic figure is protected from the legal frameworks and
jurisdictions of the state in which they are present.
The Vienna Convention on Diplomatic Relations of 1961 and the
Vienna Convention on Consular Relations of 1963 states the most modern diplomatic
and consular practices and trends, including the concept of diplomatic immunity. These
treaties are recognized by more than 160 states.
It is absolutely substantial to note down that, as stated by the Vienna
Convention on Diplomatic Relations and Optional Protocols, which serves as the very
basis of the issue, a diplomatic agent shall never in any way, shape or form enjoy these
immunities for purposes of personal profit and/or benefit.1 A diplomatic
represententetive shall only have the aim maintainig healthy relations with the receiver
State with respect to the domestic law of the state as well as regulations of the
International Law bearing in mind the purposes of the UN Charter. The issue of abuse
of these immunities will be explored further in the report.
Before immunities and privileges are explained and studied in detail, the
difference between privileges and immunities must be made clear; if a state grants
immunities to a diplomatic agent, the agent is not free of the essence of domestic law but
they are merely free of the legal framework as an outcome of law. Although socilaist
states protest, a principle which grants absolute immunity from State jurisdiction does
not actively exist in the present-day international law. A privilege, however, suggests
that the agent is immune to the essence of the law itself.
Some immunities which will be further mentioned in this report, as originally
stated in the Vienna Convetion on the Diplomatic Relations and international public
law, include personal inviolability and inviolability of papers and documents, immunity
from legal process, freedom of communication, exemption from immigration restrictions,2
1
Vienna Convention on Diplomatic Relations and Optional Protocols, Article 42
The Legal Status, Privileges and Immunities of the Specialized Agencies of the United
Nations and Certain Other International Organizations, Kuljit Ahluwalia
2
concerning security of both the diplomatic representatives as well as diplomatic councils
and international organizations. Immunities of permenant representatives will also be
explored along with the States’ right to expel representatives (persona non grata).
1.2 Introduction of Sub-issues
Furthermore, the implementation of and respect for the principles and basic
rules of the international law concerning diplomatic relations and states’ observations
of these rules especially in times of armed conflict governing the need to ensure the
protection of mission of the mentioned agents as well as representatives of international
organizations stand out in the efficient protection of diplomatic representatives which
shall also serve as a basic requirement of the sender state as mentioned in the General
Assembly Resolution upon the topic. 3 The issue of bringing offenders to justice also is a
firm requirement of the international law as well as the Vienna Convention On
Diplomatic Relations which must be considered by all delegates.
Financial difficulties as well as lack of technical assisstance upon the issue which
mostly developing states face governing the implementation of the immunities and
international law has also been highlighted in the General Assembly’s sixty-seventh
session which shall be considered by delegates who aim to present solution proposals.
It has been highlighted in the UN Secretary General’s report on the issue that
international cooperation serves as the foremost requirement to curb acts of violence
against diplomatic agents. International cooperation plays a critical role especially
concerning the exhange of data as well as analysis of the said data and peer reviews as
data evolves and concerned international organizations release recommendations. The
Secretary Generals’s report on the issue also emphasizes the need for member states to
report any violations of the international law not only as a means of data exchange but
also as a means of raising awareness on the topic. 4
It shall not be undermined that virtual safety of diplomatic representatives
concerning communication stands as one of the most critical and delicate aspect of the
issue since the receiver State’s interference as a means of survelliance measure appears
as a violation of the Vienna Conevtion on Diplomatic Relations. Do keep in mind that it
is also the lawful duty of the state to ensure the security of the state by any means which
makes the issue stand-out as one which must be handled delicately. In this context
another abuse of immunities comes into the question; there have been reports of
member states which points out their concern upon particular states using their
diplomatic agents as a means of gathering espionage, otherwise known as espionage.
3
Consideration of Effective Measures to Enhance the protection, security, and safety of
diplomatic and consular missions and representatives, Resolution adopted by the
General Assembly on 14 December 2012, 67/94
4 Secretary-General’s report on the topic A/
/1
This report will not further examine the issue of espionage however delegates are
encouraged to do so in the context of abuse of immunities and privileges of diplomatic
representatives.
Lastly, this report will mention the intergovernmental organizations as well as
the goverment bodies who part-take in the issue of protection of diplomatic agents, and
include the State governments’ viewpoints upon the issue.
2. INTERNATIONAL ORGANIZATIONS INVOLVED (PARTIES
INVOLVED)
It should at all times be borne in mind that protecting and ensuring the safety
and security of diplomatic representatives in a state is the duty of the receiver state. No
other organization cannot be actively involved in taking measures against the protection
of the diplomatic agent other than the state government.
In this section, the organizations which will be mentioned are not involved in
ensuring the safety of agents. Following twelve concerned organizations are the
expertise organizations which have conducted very robust relations with the United
Nations upon data exchange, monitoring, cooperation and implementation of policies:
ITU (International Telecommunication Union), WHO (World Health Organization),
WMO (World Meteorological Organization), IMF (International Monetary Fund),
IBRD(International Bank for Reconstruction and Development), IFC (International
Finance Organization), FAO (Food and Agriculture Organization), ICAO
(International Civil Aviation Organization), UNESCO (United Nations Educational
Scientific and Cultural Organization), IMCO (Inter-Governmental Maritime
Consultative Organization), UPU (Universal Postal Union), ILO (International Labor
Organization)
The mentioned organizations which are the specialized agencies of the United Nations
are legally granted immunities and privileges which is based on their agreements with
the UN and the Convention on the Privileges and Immunities of Specialized Agencies5.
Privileges and immunities in the context of international organizations differ in
various areas. However in can be generalized as follows; just like how diplomatic agents
are accredited to the state, in a similar manner, international council representatives
and officials are accredited to an international organization. Within this respect
counclers and representatives of members also enjoy immunities because the
headquarters of the mentioned organizations are present within states, thus they benefit
from the immunities and privilieges such as personal inviolability, immunity from legal
process, and such. These immunities will be explained in detail under the concerned
titles.
5
United Nations Treaty Series, U.N.T.S, Vol. 33, pp. 262-302
3. PRIVILEGES AND IMMUNITIES OF REPRESENTATIVES OF
MEMBER STATES TO A STATE, UN AND OTHER INTERNATIONAL
ORGANIZATIONS (BASIS OF SOLUTION PROPOSALS)
3.1 Personal Inviolability and Inviolability of Papers and Documents
3.1.1 Personal Inviolability
Personal inviolability in a commonly enjoyed immunity by a significant majority
of foreign diplomatic agents and consular personnel and has been effective in protecting
the diplomatic representatives from any interference with their freedom although it
still remains as one of the most controversial topics within the context of the issue at
hand. The topic is explored in two main branches; first one being the physical
inviolability of diplomatic agents and the second being the lawful inviolability of
diplomatic agents. The jurisdictional aspect of the principle of personal violability of
foreign officials and representatives aims to preclude the implementation of
jurisdictional penalties on the diplomatic representative whehter that be curtailment of
financial liberty or personal liberties.
The pyhsical aspect protects the diplomat
from both any harrasement by the citizens and the government bodies itself (police
forces).
Personal inviolability, in accord with the provisions of the Vienna Convention of
Diplomatic Relations, covers diplomatic representatives, technical and administrative
personnel as well as their famililes. By granting the agent personal violability , the state
agrees to prohibit any jurisdictional provisions of any of its governemental organs,
agrees to take full responsibility of the safety and security of the agent which covers
attacks or armed conflicts of any sort. 6 Personal violabililty, substantially stands out as
a means of states’ ensurance of the securtiy of the diplomatic agent or conculer thus
making the sufficient implementation of the principle by state governments incredibly
crucial which delegates are highly advised to look into.
Since the effective implementation of the priciple is also a requirement of the
international public law, although no other body can take action other than the state
government, in order to maintain the international cooperation upon the issue, stated in
General Assembly resolution 67/94, monitoring of the implemetation of the principle is
needed, which the state shall also report if any violations take place.
However, delegates should keep the exceptions to the principle in mind while
coming up with solution proposals, The exceptions to personal violability mainly cover
reinforcements upon self-defense such that if the agent is caught in the act, then the
state is allowed to prevent the deployment of the criminal act, the state is also expected
to prevent the repetiton of the criminal act. As also stated in the Vienna Convention and
6
United Nations Treaty Series, 1964, vol 500, p. 95.
traditional international public law, the state is expected to collect evidence upon the
criminal act.
3.1.2 Personal Inviolability of Specialized Agencies (Certain International
Organization)
Similar to diplomatic representatives of states, representatives of international
organizations mentioned previosuly also enjoy personal inviolability. This not
necessarily caused by the fact that the representative is a competent unit of an
international organization but caused by the fact that headquartes of the organization is
within the borders of a state. Section 13 (a) of the Specialized Agencies Conevtion states
“...representatives of members at meetings conevened by a specialized agency shall,
while exercising their functions and during their journeys to and from the place of
meeting, enjoy immunity from personal arrest or detention from seizure of their
personal baggage...” The convention also states “Article 105 of the Charter of the
United Nations provides that the Organization shall enjoy in the territory of each of its
Members such privileges and immunities as are necessary for the fulfillment of its
purposes”
Although the agreements of UPU, FAO, ICAO as well as IAEA with the UN
suggest similar provisions, do bear in mind that the provisions of agreements of councils
and organizations may vary which causes a difficulty in monitoring and may also limit
the protection of representatives.
3.1.3 Inviolability of Papers and Documents
Article IV, section 11 of the Convention states that both representatives of
members and diplomatic agents are to enjoy inviolability of all papers and documents.7
Converning specifically the enjoyment of the inviolability of papers and documents, the
General Assembly resolution on the Consideration of Effective Measures to Enhance
the protection, security, and safety of diplomatic and consular missions and
representatives states that General Assembly shall address new challenges, especially in
the ear of constant digital and technologic innovation, and focus specifically on ensuring
respect for immunities of diplomatic agents and consulars, in particular, immunities
governing the inviolability of archives, papers, and documents as well as the freedom of
communication.
3.1.4 Abuse of Personal Inviolability
The first and foremost reason as to why the principle of personal inviolability
remains one of the most controversial aspects of the issue is due to the unfortunate but
7
Conventions on the Privileges and Immunities, Article IV, section 11, (b)
very real fact that it is very prone to abuse. One of the main reasons why this principle
is so delicate is because of the problems present about the interpretation of the
provisions of the Vienna Conevntion on Diplomatic relations. The question is “to what
extent are states and the international community supposed to tolerate criminal acts for
the purpose of securing effective performance in diplomatic procedures and healthy
relations with the sender state?” Article 29 of the Vienna convention merely states that
“a diplomat shall not be liable to any form of arrest or detention and 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” which does not draw borders to clarify the
extent of tolerance receivers states are expected to have. All delegates shall bear the
clarification of the borders to the principle of personal violability while coming up with
solution proposals.
Upon the solution of the issue, multiple states have suggested that diplomatic
agents are to enjot their immunities only when they are carrying out diplomatic
functions. Do notice that the person is immune only for the duration of the time in
which they serve as a diplomatic agent and after they are free of the title, they can be
sues only if they are within the borders of the state in which the crime was commited8.
This could suggest that an improvement is necessary concerning the bringing of the
offender to justice after they are free of the title of diplomatic agent.
Various incidents of abuse of the immunity in bilateral relations can be pointed
out in history; Arrest Warrant Case (Democratic Republic ofCongo v. Belgium) IC]
Reports (2002), Germany v Italy : Greece Intervening IC] Reports (2012)9 can be put
forward as examples. Delegates are advised to look up cases of abuse in their state.
3.1.5 Inviolability of Diplomatic Property
International Court of Justice (ICJ) report on the issue states that such
properties are within the premises which have been granted inviolable and is in the
protection of the receiver state in the context of inviolability.10 The lawful and adequate
application of the principle of inviolability concerning property is especially important
in the securtiy of the diplomatic agent as well as the consulate. The principle covers not
only the furnishings which cannot be searched but also the headquarters of the council
and where the diplomatic agent resides in oder to carry out a diplomatic mission which
is mostly where attacks take place and where vulnerabilities of agents persist
throughout the World. Seizure of the Eygptian Embassy in Ankara by four terrorist
8
Personal Inviolability and Diplomatic Immunity in Respect of Serious Crimes, Rene Vark
9
Abuse of Diplomatic immunity in Bilateral Relations: A CRITIQUE ON THE VIENNA
CONVENTION ON DIPLOMATIC RELA TIONS, 1961, Jeremiah Kolo
10
ICY report, (1950) p. 274
who were claimed to be members of a group called “Eagles of the Palestinian
Revolution” in 1979 is one of the many instances to the vulnerabilities of diplomatic
properties.
1992 attack on Israeli embassy in Buenos Aires, 1994 attack on Israeli embassy in
London, 1996 Japanese embassy crisis in peru and 2012 attack on the Germany
Embassy in Sudan also point out the need for major improvement of the inviolability
and security of diplomatic properties.
3.2 Immunity from Legal Process
3.2.1 Immunity from Legal Process of Diplomatic Agents
The Vienna convention states, in its article IV, that a representative is to “enjoy
(a) immunity from personal arrest or detention and from seizure of their personal
baggage, and, in respect of words spoken or written and all acts done by them in their
capacity as representatives, immunity from legal process of every kind” which is to
suggest that is a diplomatic agent is present in a receiver state to carry out his functions,
it it substantial that the agent is kept immune to any type of jurisdictional controls by
the receiver state which supports, immensely the protection of the representative. It is
important to note down that agents who are immune to legal processes also do not have
to witness in court. However, that is only governing the legal processes that concern
their officials acts only, excluding the processes they may face because of the
jurisdictional framework of the state in their private life meaning these diplomatic
agents are unable to fully enjoy their immunity from legal process. This case is
essentially against the provisions and rules of international law which may harm the
protection of the diplomatic agent and effect the sufficiency of the functions of the agent
which is maintaining peace and healthy relations.
However, when thought of the state’s duty to ensure the security of the state, it is
essential that the agent who may risk the security of the state is got rid of. There is only
one solution in this case and that is declaring the agent persona non grata (unwanted
person).11 Another problems comes up when multilateral relations are considered
within the respect of declaration of persona non grata. It is not specified whether the
host state has full consent in the declaration of persona non grata, independent from
other parties in the international community in neither Vienna Convention or
international. In this case, doctrine interprets the Vienna convention saying the
convention adopts such approach that the sender state is to pull back the agent from the
receiver state.12 It is essential that the protection of the agent is not risked in
multilateral relations.
3.2.2 Immunity from Legal Process of Representatives Certain Organizations
11
12
International Relations, Prof. Dr. Hüseyin Pazarcı
International Relations, Prof. Dr. Hüseyin Pazarcı
In a similar matter to councils and agents, section 13 (a) of the Specialized
agencies Convention emphasizes that the representative shall be immune from every
kind of legal process including being a witness in court.13
Council of Europe presents a different case in the context of immunity from legal
process. Article 9 (a) of the General Agreement on Privileges and Immunities of the
Council of Europe grants relevant representative to the Committee of Ministers
immunity from all legal processes concerning every act done by them including spoken
or written words only in their official functioning capacity. They are free from arrest of
any kind.
Delegates, at all times, should bear in mind the aim of full, lawful and effective
usage of the previously mentioned immunities when coming up with clauses considering
the protection of diplomatic agents, councils and representatives of international
organizations.
3.3 Freedom of Communication
The effective implementation of absolute freedom of communication, without a
doubt, is essential to the proper functioning of diplomatic missions since the
communication of agents with sender government as well as with officials from other
states concerning diplomatic missions is absolutely crucial. It is the full responsibility of
the receiver state to protect the freedom of communication of the diplomatic agent.
It is the duty of the receiver state to protect the appropriate means of
communications for the mission including, diplomatic messages conducted in code, or
chyper. Do bear in mind that wireless tools may only be used if the receiver state
allows. Similarly, all replies and correspondences during the mission are inviolable.
This inviolability also covers all bags and containers which may not be opened or
detained.14 Article 1 of the 32 draft articles adopted by the International Law
Commission (ICL) states
‘the packages containing official correspondence, and documents or articles intended
exclusively for official use, whether accompanied by diplomatic courier or not, which
are used for the official communication which bear their mark as a diplomatic bag’ 15
state as well as transit states are to fully protect, give full consent and permit the
official communications of the sender state. Delegates are to consider the protection of
freedom of communication of the agents in their resolutions.
13
The Legal Status, Privileges and Immunities of the Specialized Agencies of the United
Nations and Certain Other International Organizations, Kuljit Ahluwalia
14
Oppenheim’s International Law, Vol. 1 , Peace, Parts 2 to 4
15
Draft Articles, International Law Commission, 1989, Article 1
Lastly, it is important to indicate that the Vienna Convention on Diplomatic
Relations does not explicitly state any other specific measures or immunities during
times of armed conflict which are to be evaluated separately from the already
mentioned immunities of diplomatic agents and representatives.
4. MEMBER STATES’ STANCES
Algeria
Algeria has noted on the incident of 4 February 2012 involving the Embassy of
the Syrian Arab Republic in Algiers in which 3 Syrian nationals had trespassed and
managed to move the Syrian flag saying “The Syrian Consul, who was also on the
premises, chose not to lodge a complaint immediately afterward without the
authorization of the Syrian authorities.”16
Finland
The Finnish authorities have multiple times pledged commitment to the safety
and protection of diplomatic agents. In its report to the United Nations, Finland stated
“The Finnish authorities wish to assure the Secretary General that they continue to take
all appropriate measures to ensure the protection and safety of diplomatic consular
missions and representatives. Furhtermore, Finland wishes to emphasize the
importance of close co-operation in security matters not only at the national level but
also nationally between the missions and competent local authorities”17
Oman
With regard to the United Nations General Assembly resolution 67/94 on
enhancing the protection, security and safety of diplomatic missions, Oman has
reported;
Paragraph 10 (a): There have been no serious violations of the protection,
security and safety of diplomatic and consular missions and representatives or missions
and representatives with diplomatic status to international intergovernmental
organizations in Oman during the recent period.
Paragraph 12: Measures have already taken to enhance the protection, security
and safety of diplomatic and consular missions and representatives as well as missions
and representatives with diplomatic status to international intergovernmental
16
Permanent Mission of Algeria to the United Nations MPANY/No/83/FOD/13
17
Permenant Mission of Finland to the United Nations YKE7M0017-59
organizations. Those measures include stationing guards, verifying the identities of
persons entering those locations and keeping the surrounding areas under surveillance
in order to ensure that they are secured in the manner required. 18
United States of America
The US government states that the Secretary of State and the Chief of Mission are fully
responsible for developing policies to ensure the protection of their embassies overseas.
US further states “Personal and facility protection are the most critical elements of the
DS mission abroad as they directly impact upon the Department’s ability to carry out
its foreign policy.” The US government emphasizes “Nearly 800 DS special agents serve
in regional security offices at over 250 posts worldwide.”
5. PREVENTIVE MEASURES BEFORE ATTACKS (PROPOSED
SOLUTIONS)
The General Assembly resolution on the topic, in its perambulatory clauses
states the increasing need for states to take all possible appropriate measures which is
required by the international law, “in a timely manner, for the protection of diplomatic
missions…including measures of a preventative nature, and to bring offenders to
justice”19 In this section possible preventative measures which have been implemented
and may be implemented in the future will be studied.
Preventative measures aim to stop the possibility of an attack taking place. Thus,
makes for the most effective solution proposal; preventing any incident from
happening. Preventative measures may include inspection and governance of identities
and persons through their identification, inspection of their passport and/or their visa
based upon risk assessment which may be carried out by the state government,
providing utmost surveillance by the means of placing guards and providing the
locations in which mission may reside or take place with efficient equipment for the
purposes of inspection of individuals, that is, apart from the diplomatic agent
themselves as well as the monitoring of latest developments to adaptation of an
innovative approach towards issue and, as a result, determine as the state government if
there is an increase needed in measures.
18
Comments on United Nations General Assembly resolution 67/94 on enhancing the
protection, security and safety of diplomatic missions
19
Consideration of Effective Measures to Enhance the protection, security, and safety of
diplomatic and consular missions and representatives, Resolution adopted by the
General Assembly on 14 December 2012, 67/94
In this context, the value of and the need for international cooperation
concerning the identification of new challenges, risk assessment of individuals on an
international level and subjecting developing member states to technical and financial
assistance as well as peer reviews increases significantly. First and foremost,
cooperation among the monitoring groups of member states concerning the data
exchange of attacks and/or incidents in which the individual has been involved in is
absolutely necessary to maintain peace and healthy relations with member states in a
global level. The General Assembly resolution on the issue suggests that all states
report to the Secretary General upon the serious violations of safety, security and
protection of diplomatic and consular missions on top of also making the utmost effort
to report where the alleged offender is present in order to bring the offender to justice.
Delegates are highly advised to consider the collection of data on any violations that
may take place and collection of intelligence upon the identity and whereabouts of the
offender in order to have the violator brought to justice with regard to the provisions
and principles of the international law upon the issue. As a result, delegates are also
encouraged to consider the release of a report which shall mention what has been
and/or may be done in order to prevent the repetition of the incident by the member
state.
Moreover, in order to have the international community effectively adopt the
innovative approach which has been mentioned previously, technical and financial
hardships faced by developing states must be curbed and the efforts for the monitoring
of roots of new challenges (those new challenges especially concerning digital and
technologic development) must be combined. In this aspect of the issue in which there is
an analysis of how new techniques of violations may be carried out, cooperation with
not only member states but also with international organizations is needed within the
respect of the analysis of the reports which have been mentioned previously which shall
have the aim of providing utmost information upon the violation. It is intended, as a
result, to have the international community ready and equipped properly for any new
forms of violations.
Financial hardships, however, still remain a challenge in equipping the
developing state governments with appropriate “tools” upon surveillance and insurance
of security. Thus, delegates are encouraged to consider international cooperation
concerning the financial aspect of the issue.
6. CONCLUSION
The issue of consideration of effective measures to enhance the security,
protection and safety of diplomatic representatives and consular missions is one with
multiple aspects which all of them are to be taken into consideration in order to resolve
it. Delegates are to bear in mind and take action upon the lawful and appropriate
implementation of the diplomatic immunities with special focus on the protection of
personal inviolability as well as immunity from legality and freedom of communication
which serve as the key to the resolution of the issue.
Furthermore, delegates must spend special attention on the implementation of
preventative measures within the context of international cooperation which is to
consist of reporting of violations, technical and financial assistance, as well as
monitoring of new challenges and aim to come up with innovative solutions which the
whole of the international community should be able to adopt.
In conclusion, delegates are expected to consider not only the physical security of
the diplomatic agents but also the protection of their immunities on a jurisdictional
basis and the role international collaboration plays in the resolution of the issue .
7. BIBLIOGRAPHY AND USEFUL LINKS
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https://www.state.gov/m/ds/about/overview/c9004.htm
http://www.un.org/en/ga/sixth/69/protection_of_diplomats/oman_e.pdf
https://www.state.gov/m/ds/
https://www.unicef.org/auditandinvestigation/files/Convention_on_UN_Privileges_and_Immuniti
es.pdf
http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf
Consideration of Effective Measures to Enhance the protection, security, and safety of diplomatic
and consular missions and representatives, Resolution adopted by the General Assembly on 14
December 2012, 67/94
Oppenheim’s International Law, Vol. 1 ,
International Relations, Prof. Dr. Hüseyin Pazarcı
The Legal Status, Privileges and Immunities of the Specialized Agencies of the United Nations
and Certain Other International Organizations, Kuljit Ahluwalia
TOPIC II: THE RIGHTS AND RESPONSIBILITIES OF NONGOVERNMENTAL ORGANIZATIONS CONCERNING THE USE OF
OUTER SPACE
CHAIR: SUDE ÖZBEK
Honorable delegates,
It is a great pleasure and honor to be a co-chair of Political Committee of TAMUN
2017. I am a 17 years old 11TH grader at TED Mersin College. I have attended several
conferences as a delegate but this is going to be my first time as a student officer and I
believe the greatest experience of all MUN conferences will be TAMUN’17.
Any issue related to the outer space is very demanding beyond being just delighting.
Since the space is a brand new and very different area, every decision made about space
is critical. I hope you will make fruitful debates and find efficient solutions for our
agenda topic.
Undoubtedly, TAMUN’17 will be an unforgettable experience for all of us. I wish you
all a beneficial and productive conference
INTRODUCTION
As we live in the 21st century, technological improvements are opening new pages in
every area of our lives. With the explorations and developments; space technology,
space activities and legislations for outer space have a more popular and necessary
place in our lives.
Because of the fact that outer space acquires more currency day by day; rights upon
outer space, regulations and responsibilities about outer space are also becoming more
substantial. ’’ Outer space ’’ is defined as ’’ the region of space immediately beyond
Earth's atmosphere, the void that exists between celestial bodies ’’. The fact that space
is a field which is a lot different than the others with the way it is not fully discovered
and we find out about new facts with every passing day, United Nations has opened a
detached sub-branch, United Nations Office for Outer Space Affairs, to specially focus
on the issue of outer space, laws and legislations for outer space
Even though states and governmental organizations may seem to have more efficient
roles and a more powerful right on the floor, non-governmental organizations are also
concerned about the issue and they are making an un-ignorable effort on the issues and
problems related to the outer space.
Although the outer space can offer unique possibilities and opportunities to us –even
the ones that we are not aware of yet- by the time we discover it more, more flaws are
breaking out. The space is not belonged to any nation, it is the property of all nations. In
spite of this unquestioning conclusion, many flaws in this issue are caused by the fact
that states cannot find a common ground about legislations.
In order to understand to issue properly and give sustainable and effective solutions;
we have the have the necessary information about already existing laws and treaties,
ongoing issues, roles of some relevant actors and the occasions remaining on the agenda.
In this chair report, you will be provided a glance at the important points of the issue,
so that your resolution on roles and responsibilities of non-governmental organizations
about outer space would have the least amount of flaws and would not be contradictory
to already existing issues.
1. OVERVIEW
1.1.
RELEVANT ACTORS AND BODIES
UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS
United Nations Office for Outer Space Affairs (UNOOSA) is the office
responsible for implementing the decisions of General Assembly and
International Space Law, and providing cooperation and peace in the use of
outer space. It is also the secretariat of Committee on the Peaceful Uses of Outer
Space (COPUOS) and International Committee on Global Navigation Satellite
Systems (ICG).
The office carries out international workshops, training and pilot projects on the
topics concerning satellite navigation and meteorology, basic space sciences
through the Programme of Space Applications. It aims to promote solidarity to
states and organizations on the exploration and beneficial uses of space while
keeping it utilized and implementing necessary laws.
UNOOSA also fields and prepares report and studies on several topics related to
outer space activities, science, laws and technology applications. It also has a 24hour hotline and various emergency programs.
There are also other UN Bodies such as GA 1ST Committee, Conference,
Conference
of
Disarmament,
GA
4TH
Committee,
International
Telecommunication Union (ITU), International Committee on Global Navigation
Satellite Systems (ICG) that deal with the issue of outer space.
COMMITTEE ON THE PEACEFUL USES OF OUTER SPACE
COPUOS, which also goes by the name of Outer Space Committee, was
established as an ad hoc committee and then became a permanent committee of
UN. Main aims of the committee are conducting an inspection on international
cooperation organizing UN programmes related to the issue of peaceful uses of
outer space, studying upon and encouraging space-related activities, space
research programmes and publication of space-related information, considering
the legal issues arising from the exploration of outer space and studying upon
them. Committee’s role of doing these evolves contemporaneously with
improvements about space.
Today, the committee has 86 member states and is one of the largest committees
of the General Assembly of the UN. The committee also has 2 sub-committees,
which are the Scientific and Technical Subcommittee and Legal Subcommittee,
and is the only committee of the GA dealing solely and exclusively with
international cooperation in the peaceful uses of outer space.
EUROPEAN UNION
EU has attempted to form a policy, ’’ International Code of Conduct for Outer
Space Activities (ICoC)’’. The policy mainly aims to improve the security and
sustainability issues of all outer space related activities. The Code appeals to all
states, governmental and non-governmental entities and organizations. Although
it is not legally binding, once came to an agreement, it is expected to be
applicable for all outer space activities and underlie the basic rules of all space
activities.
The Code covers the issue of enhancing safety, security and sustainability of
outer space activities with the frames of some main principles, which can be
shortened as
- Equal right of all countries to use the outer space for peaceful purposes
- Safety and security of space objects and space environment
- Legislations for defense concerns of states
Since the Code addresses all kind of space activities, it doesn’t cover the issue
only by the means of sustainable and environmental protection, it also applies to
military activities and the question of weaponization and arms race.
Although some countries such as Canada, Australia and Japan find the Code
suitable and acceptable, there are countries, which seem less optimistic and
positive such as Russia, India, China because of several reasons like the Code is
not legally binding or in the future, it may limit countries’ activities upon space.
Apart from the Code, Europen Union is also the member the UN body
International Committee on Global Navigation Satellite Systems (ICG).
UNITED STATES OF AMERICA
United States has had and continues to have an active role in space exploration
and other space related activities. The national space law of US exists since 1958
and it forms the basic principles of international space law. US is also the second
country to launch human spaceflight, after USSR.
The independent agency of US concerned with the issue of space, National
Aeronautics and Space Administration (NASA) is one of the most known and
successful establishments in space exploration, research, probes and activities.
Recently the US is added to agenda of outer space with its attempts of launching
satellites and national space policy.
RUSSIAN
FEDERATION
Soviet Russia is
one
of the first countries to make attempts to discover outer space. Russian
Federation has a national law governing space activities ‘’ The Law of Russian
Federation About Space Activity’’. The discovery and issue of outer space has
an important place for society and state. The Law aims for providing regulations
for the peaceful usage of space and space activities. Also, the first human
spaceflight was launched by Soviet Union on 12 April 1961.
CHINA
People’s Republic China is also one of the states that play a significant role on
the issue of outer space. China has national its space law, which is conducted by
China National Space Administration (CNSA). The law mainly aims to provide
cooperation between states and related organizations in space.
China is the third country to launch human spaceflight in the world and it is also
one of the countries that have the most interest in space projects.
RELATED
NON-GOVERNMENTAL
ORGANIZATIONS
AND
NON-PROFIT
-
Center for Defense Information: CDI is a non-governmental research
organization, which focuses international defense cooperation. The
organization encourages well-rounded discussions upon different issues
and space security is also one of them.
-
Union of Concerned Scientist: UCS is a non-profit organization that has
membership with several professional scientists and engineers, and many
private citizens who work to develop initiative, productive and sustainable
solutions to some essential issues our world faces today. Several articles,
blog posts and reports can be found on the website of the organization
concerning the issues related to outer space. You can find the link for the
mentioned documents in the part ’’ Useful links’’.
-
Institute for Security and Cooperation In Outer Space: It is a non-profit
organization founded by the scientist Carol Rosin. The biggest work of the
organization is the Outer Space Security and Development Treaty. The
treaty identifies a policy and the necessary procedures to keep space as a
neutral realm. It banns all kinds of weapons and virulent actions. The
Institute invites nations to sign the treaty and cooperate for the planning
and assisting the developments and implementations to assure that space is
impartial and unarmed.
-
Global Network Against Weapons and Nuclear Power in Space: Since it
was founded at 1992, experts and activists meet annually under the
umbrella of Global Network (GN) to draw attention to the issues related to
the weaponization and militarization of space, missile attacks, etc. GN also
sponsors KEEP SPACE FOR PEACE WEEK. Today, it embodies about
150 organizations worldwide.
-
Project Ploughshares/Space Security Index: Space Security Index is the
multi-dimensional, extensive and systematic assessments of developments
that effect space and space security, which is published by Project
Ploughshares. The main aim of it is to provide the opportunity of dialogue
on space security challenges and find possible responses and solutions.
Thus, it procures facts and essential information about the issue that is
very useful when it comes to planning actions, establishing treaties and
procedures and making attempts related to this issue.
CoNGO
The Conference of NGOs in Consultative Relationship with United Nations is a
forum that aims to support and create a platform for NGOs to work together
with UN during the process of making decisions and programs to make a better
world. Many NGOs worldwide are members of the conference.
One of the NGO Substantive Committees of the conference that takes place in
Vienna is the NGO Committee on Outer Space. The committee aims to build a
bridge between NGOs that are concerned about space activities and space
technologies and UN and other space-based activities’ providers. It also
acquaints the members with the latest developments or actions made by UN.
1.2.
TREATIES AND INITIATIVES
SPACE LAW
International Space Law is the body of law that controls, governs and
demarcates space-related activities. It addresses several kind of issues related to
the space such as conservation of space environment, rescue of astronauts and
space objects, amenability and liability of damages caused by space objects, use
of space technologies, and sustainability of international cooperation in the use of
outer space.
The international space law is interrelating with five international principles and
treaties. Additively to these international implementations, most countries also
have their own national law and procedures governing the activities related to
the space. Detailed information about these 5 treaties is as the following.
THE OUTER SPACE TREATY
The treaty mainly focuses on utilization and exploration of space without doing
any harm and legally binding rules concerning the use of outer space. It bans
placement of weapons and military activities. Today, 105 countries are parties to
the treaty while another 24 countries have signed but nor ratified it yet. You can
find the links that may help you to further research and learn about the treaty at
the part ‘’ Useful Links’’.
THE RESCUE AGREEMENT
The agreement designates right and obligations concerning rescue and return of
astronauts and other space objects. It provides that states that are parties to the
agreement should take every possible step and supply aid to rescue astronauts
and other personnel of the spacecraft that has landed in that nation. The
responsibility of state’s launched objects and astronauts is given utterly to the
nation itself. The agreement can also be considered as a rescue plan.
THE LIABILITY CONVENTION
The convention is about International Liability of damages caused by space
objects in space environment. According to the convention, nations are in charge
of all space objects that were launched within their territory and they have the
full responsibility of damages caused by that space object. ıf there are two states
that cooperated to launch that space object, than the liability and responsibility
apply to both of them. Currently, 89 countries have ratified the convention and
22 have signed but did not ratify it yet.
THE REGISTRATION CONVENTION
The convention is mainly and basically predicated on the requirement that states
must inform and furnish UN about the orbits of the launched space objects in
detail.
THE MOON AGREEMENT
The agreement focuses on protecting and avoiding possible disruptions on Moon
and other celestial bodies and ensures that they are used for peaceful purposes.
The agreement also provides that Moon and its natural resources are considered
as mankind’s common heritage and must be protected in international unity.
1.3.
DEFINITION OF KEY TERMS

Outer Space: According to the documents and reports, outer space ,s the
space existing beyond Earth’s atmosphere and between celestial bodies,
including all galaxies, planets, etc.

Non-governmental Organization: Non-governmental organizations are nonprofit organizations that do not depend on states, governmental and
international governmental organizations.

APSCO: Asia-Pacific Space Cooperation Organization is an intergovernmental organization, which mainly focuses on strengthening the
development of space exploration programs, assisting cooperation and
taking effective actions to implement space development policies and
protect outer space.

Space Security: It can be defined as secure access to space and usage of it
and freedom from space-related threats.
2. PROPOSED SOLUTIONS
When we talk over any issue that involves the term ’’ outer space ’’ and when we
are in the positions of taking a resolution, we have to take the fact that we have
limited knowledge about space and we haven’t discovered it completely into
consideration, therefore any decision we are going to make only applies to today.
Although it seems like the issues related to legislations about outer space
acquires currency newly; the explorations, works, legislations and treaties
nations have made in behalf of ‘outer space’ goes back a long way. I believe it
would you a lot of benefits to be informed about previous occurrences for the
debates you are going to make and the solutions you are going to find for our
agenda topic to be efficient and considerable. In addition to the information
given in this chair report, it would be very helpful for you to know about the
attempts, initiatives and implementations of your own country and other
countries that are not mentioned in the report.
Bearing in mind the fact that non-governmental organizations are taking up
more place in our lives day by day, definition of their capacities, rights and
responsibilities about the issue of outer space becomes a necessity. While you are
going to find the possible solutions for the issue, the key point you have to keep
in mind is that no matter what right they have or no matter what their
responsibilities are, for the wellness and sustainability of today and the future
every action must be taken within the limits of treaties and only for peaceful
purposes.
You can find the links that may help you to take your research further at the
part ‘’ Useful Links ‘’.
3. BIBLIOGRAPHY
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





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



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http://www.thefreedictionary.com/outer+space
http://www.reachingcriticalwill.org/resources/fact-sheets/criticalissues/5448-outer-space
https://eeas.europa.eu/headquarters/headquartershomepage_en/8466/Security%20and%20sustainability%20in%20Outer
%20Space
https://sites.google.com/a/ngocdps.org/ngocdps/home/peace-and-securityissues/various-issues/outer-space
https://en.wikipedia.org/wiki/Union_of_Concerned_Scientists
http://spacesecurityindex.org/fact-sheets/
https://www.nasa.gov/about/highlights/what_does_nasa_do.html
http://www.css.ethz.ch/en/services/css-partners/partner.html/49510
https://en.wikipedia.org/wiki/Space_law#International_principles_and_de
clarations
http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html
http://www.unoosa.org/oosa/en/ourwork/copuos/index.html
http://www.unoosa.org/oosa/en/aboutus/index.html
https://en.wikipedia.org/wiki/AsiaPacific_Space_Cooperation_Organization
https://www.ngocongo.org
https://en.wikipedia.org/wiki/List_of_human_spaceflight_programs
https://en.wikipedia.org/wiki/Chinese_space_program
4. USEFUL LINKS








https://eeas.europa.eu/headquarters/headquartershomepage/8466/security-and-sustainability-outer-space_en
http://www.apsco.int/default.asp
http://www.iswi-secretariat.org
https://www.armscontrol.org/factsheets/outerspace
http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspac
etreaty.html
http://www.ucsusa.org/search/site/outer%20space
http://www.space4peace.org/index.htm
http://www.peaceinspace.com/index.php/the-treaty
TOPIC III: PEACE, SECURITY AND UNIFICATION OF
THE KOREAN PENINSULA
CHAIR: ECE BAHAR YILDIRIM
Honorable Delegates,
My name is Ece Bahar Yıldırım. I’m a student from METU High School, in
Ankara. I look forward to being a student officer in the Political Committee
during this conference. If asked of my regard of Model United Nations, I,
without hesitation, would begin by stating that they are eye-opening experiences
the contribution of which to one’s maturation in grasping concepts which are
crucial for preparing for challenges of life. This maturation is especially essential
for those who shimmer with hope for universal peace and global development.
MUN, by providing a hands-on experience with multilateral relations and global
predicaments, enables the students to experience concepts which are crucial to
the world and crucial to the journey of self-development, widening a person’s
perspective on life and global issues. I am excited to continue this journey with
the conference of TAMUN in the Political Committee. Special Political and
Decolonization Committee is one of six committees of the United
Nations (consisting of all UN members). It deals with decolonization, Palestinian
refugees and human rights, peacekeeping, mine action, outer space, public
information, atomic radiation, the University for Peace and etc. I hope to meet
and get to know each and every one of you learning new things during this
conference and returning with irreplaceable experiences.
INTRODUCTION
An independent kingdom for much of its long history, Korea was occupied by Japan beginning in
1905 following the Russo-Japanese War. Five years later, Japan formally annexed the entire
peninsula. The United States and the Soviet Union occupied the country, with the boundary
between their zones of control along the 38th parallel. The United States supported the South,
and the Soviet Union supported the North, and each government claimed sovereignty over the
whole Korean peninsula. The Korean War (1950–53) left the two Koreas separated by the
Korean Demilitarized Zone in the later part of the Cold War and beyond.
The 21st century has seen some improved relations between the two sides. Despite now being
politically separate entities, the governments of North and South Korea have proclaimed the
eventual restoration of Korea as a single state as a goal. However, the nature of unification, is still
a political debate and even conflict among interested parties, who include both Koreas, China,
Japan, Russia, and the United States.
HISTORICAL BACKROUND
The Korean War and the Division
The Korean War began when North Korea invaded South Korea. The United Nations, with the
United States as the principal force, came to the aid of South Korea. China came to the aid of
North Korea, and the Soviet Union gave some assistance.
Korea was ruled by Japan from 1910 until the ending of World War II. In August 1945, the
Soviet Union declared war on Japan, liberated Korea north of the 38th parallel and. U.S. forces
subsequently moved into the south. By 1948, as a product of the Cold War between the Soviet
Union and the United States, Korea was split into two regions, with separate governments. In
North Korea, the Soviet Union supported Korean Communists. Kim Il-sung, who had served in
the Soviet Army, became the major political figure. Society was centralized and collectivized,
following the Soviet model. In the South, the strongly anti-Communist Syngman Rhee, who had
been educated in the United States, was positioned as the most prominent politician. As a result,
two antagonistic proto-states emerged, with diametrically opposed political, economic, and social
systems. Both governments claimed to be the legitimate government of all of Korea, and neither
side accepted the seperation as permanent. The conflict escalated into open warfare when North
Korean forces—supported by the Soviet Union and China—moved into the south on 25 June
1950. The United Nations Security Council recognized this North Korean act as invasion and
called for an immediate ceasefire.https://en.wikipedia.org/wiki/Korean_War -
cite_note-42 On 27 June, the Security Council adopted S/RES/83: Complaint of aggression
upon the Republic of Korea and decided the formation and dispatch of the UN Forces in Korea.
Twenty-one countries of the United Nations eventually contributed to the UN force, with the
United States providing 88% of the UN's military personnel.
After the first two months of the conflict, South Korean forces were on the point of defeat, forced
back to the Pusan Perimeter. In September 1950, an UN counter-offensive was launched at
Inchon, and cut off many of the North Korean troops. Those that escaped envelopment and
capture were rapidly forced back north all the way to the border with China at the Yalu River.
At this point, in October 1950, Chinese forces crossed the Yalu and entered the war. Chinese
intervention triggered a retreat of UN forces which continued until mid-1951.
The last two years of conflict became a war of attrition, with the front line close to the 38th
parallel. North Korea was subject to a massive bombing campaign. Jet fighters confronted each
other in air-to-air combat for the first time in history.
Negotiations for an armistice began on July 10, 1951, as the war continued. The main issues were
the establishment of a new border and the exchange of prisoners. An agreement was made on
July 27, 1953, known as the Korean Armistice Agreement. It established the Korean
Demilitarized Zone (DMZ), a four-kilometer-wide buffer zone between the two sides that crossed
the 38th parallel diagonally. Despite it’s name the border has been and is one of the most
militarized in the world. North Korea has announced that it will no longer abide by the armistice
at least six times. Many people were displaced and large number of families were seperated
because of the border. It was estimated that around 750,000 people remained separated from
immediate family members, and family reunions have long been a diplomatic priority. Although
a ceasefire has been established, no peace
treaty has been signed, and the two
Koreas are technically still at war.
Periodic clashes, many of which are
deadly, have continued to the present.
Post Korean War
After the Korean War, the Chinese
forces left, but US forces remained
in the South. On October 1, 1953,
the United States and South Korea
signed a defence treaty and in 1961, North Korea signed mutual defence treaties
with the USSR and China.
South Korea achieved rapid economic growth, during Park Chung-hee’s regime,
from 1961 to 1979 with per capita income rising to roughly 17 times the
economic level of North Korea. South Korea held its first free presidential
election under a revised democratic constitution in 1987.
There were low- level armed clashes known as the Korean DMZ Conflict
between North and South, increasin the tension between two parts. In 1968,
North Korean commandos launched the Blue House Raid which was an
unsuccessful attempt to assassinate the South Korean President, Park Chunghee. In response to this attempt, the South Korean government set up a mission
to assassinate Kim Il-sung, but the mission was aborted. Both North and South
began building up their military capacity in the 1970s. It was discovered that
North Korea had dug tunnels under the DMZ which could hold thousands of
troops.
North-South Joint Statement
The first Red Cross talks between North and South Korea were held in August
1971. The North and South Korean governments made a joint announcement on
July 4, 1972 that a representative of each government had been sent to the other
side and that both sides had agreed to a North-South Joint Statement. This joint
announcement outlined the steps to achieve a reunification of the country:
1. “Unification shall be achieved through independent Korean efforts without
being subject to external imposition of interference.
2. Unification shall be achieved through peaceful means, and not through the
use of force against each other.
3. As a homogeneous people, a great national unity shall be sought above all,
transcending difference in ideas, ideologies, and systems.
4. In order to ease tensions, and foster an atmosphere of mutual trust between
the South and the North, the two sides have agreed not to slander or defame
each other, not to undertake armed provocations whether on a large or small
scale, and to take positive measures to prevent inadvertent military
incidents.
5. The two sides, in order to restore severed national ties, promote mutual
understanding, and expedite independent peaceful unification, have agreed
to carry out various exchanges in many fields.
6. The two sides have agreed to cooperate positively with each other to seek
early success of the North-South Red Cross talks, which are underway with
the fervent expectations of the entire people.
7. The two sides, in order to prevent the outbreak of unexpected military
incidents and to deal directly, promptly, and accurately with problems
arising between the North and the South, have agreed to install a direct
telephone line between Seoul and Pyongyang.
8. The two sides, in order to implement the aforementioned agreed upon items,
to solve various problems existing between the North and the South, and to
settle the unification problem on the basis of the agreed upon principles for
unification of the Fatherland, have agreed to establish and operate a NorthSouth Coordinating Committee cochaired by Direction Yi Hurak
[representing the South] and Direction Kim Yongju [representing the
North].
9. The two sides, firmly convinced that the aforementioned agreed upon items
correspond with the common aspirations of the entire people, who are
anxious to see an early unification of the Fatherland, hereby solemnly pledge
before the entire Korean people that they will faithfully carry out these
agreed upon items."
However, the North-South Coordination Committee was disbanded the
following year after no progress had been made towards implementing the
agreement.
After the Cold War
As the Cold War ended, North Korea lost the support of the Soviet Union and
plunged into economic crisis. It was expected that the North Korean government
would collapse and the peninsula would be reunified. North Koreans began to
flee to the South in increasing numbers. The prime ministers of the two Koreas
met in Seoul in September 1990 to engage in the Inter-Korean Summits, which
led a year later to the Agreement on Reconciliation, 13 Non-Aggression,
Exchanges and Cooperation and the Joint Declaration on the Denuclearization
of the Korean Peninsula. This coincided with the admission of both North and
South Korea into the United Nations.
In June 2000, North and South Korea signed the June 15th North-South Joint
Declaration, in which both sides made promises to seek out a peaceful
reunification:
1. The North and the South agreed to solve the question of the country's
reunification independently by the concerted efforts of the Korean nation
responsible for it.
2. The North and the South, recognizing that the low-level federation
proposed by the North and the commonwealth system proposed by the
South for the reunification of the country have similarity, agreed to work
together for the reunification in this direction in the future.
3. The North and the South agreed to settle humanitarian issues as early as
possible, including the exchange of visiting groups of separated families
and relatives and the issue of unconverted long-term prisoners, to mark
August 15 this year.
4. The North and the South agreed to promote the balanced development of
the national economy through economic cooperation and build mutual
confidence by activating cooperation and exchange in all fields, social,
cultural, sports, public health, environmental and so on.
5. The North and the South agreed to hold an authority-to-authority
negotiation as soon as possible to put the above-mentioned agreed points
into speedy operation.
CURRENT STATUS
In 2007, the United Nations General
Assembly adopted the resolution
62/167 titled "Situation of Human
Rights in the Democratic People's
Republic of Korea". In the
resolution, serious concerns were
expressed abot the violations of
human rights in North Korea,
urging the Government of North
Korea to respect all human rights
and fundamental freedoms.
After the 2009 North Korean nuclear test, the relationship between Seoul and
Pyongyang worsened. South Korea signed the Proliferation Security Initiative to
prevent the shipment of nuclear materials to North Korea as a response.
In September 2009, Goldman Sachs published "A United Korea?" which
presented the potential of the economic power of a United Korea, which would
surpass all current G7 countries except the United States within 30-40 years of
reunification. The young, skilled labour and large amount of natural resources
from the North combined with advanced technology and infrastructure in the
South, as well as the Korean Peninsula’s strategic location connecting three
economicly powerful countries is likely going to create an economy with a GDP
that could surpass $6 trillion by 2050.
The South Korean Ministry of Unification continued their efforts to raise awareness of the issue,
launching a variety show (Miracle Audition) and an Internet sitcom with pro-unification themes.
The Ministry already promotes curriculum in elementary schooling, such as a government-issued
textbook about North Korea titled "We Are One" and reunification-themed arts and crafts
projects.
PREVIOUS ATTEMPS TO SOLVE THE ISSUE
The Sunshine Policy
The Sunshine Policy was the foreign policy of South Korea towards North
Korea from 1998 to 2008. Since its articulation by South Korean President Kim
Dae-jung, the policy resulted in greater political contact between the two States
and some historic moments in Inter-Korean relations; the two Korean summit
meetings in Pyongyang which broke ground, several high-profile business
ventures, and brief meetings of family members separated by the Korean War.
The national security policy had three basic principles:
• No armed provocation by the North will be tolerated;
• The South will not attempt to absorb the North in any way;
• The South actively seeks cooperation.
These principles were meant to convey the message that the South does not wish
to absorb the North or to undermine its government; its goal was peaceful coexistence rather than regime change. The logic of the policy was based on the
belief that the North's Communist regime will not collapse and it was believed
that military tensions can be lessened through bilateral and multilateral
frameworks. This emphasized the normalization of political and economic
relations between both the United States and North Korea as well as Japan.
Opponents of the Sunshine Policy argue that dialogue and trade with North
Korea did not improve prospects for peaceful reunification, despite the transfer
of large funds to the North Korean government, which only allowed the North
Korean Government to retain its power. It was stated by people from the North
Korean prison camps that “North Koreans were starving not because of a lack of
aid from South Korea or the U.S., but because they are deprived of freedom
from the government. Giving aid only throws a line to the government, and
prolongs starvation, surely a perverse outcome.” Many South Korean observers
saw the weakening of the US-South Korea alliance as being due to the Sunshine
Policy; saying that it has led the South to favour the North's interests over those
of its ally the United States. Internationally, the South Korean government has
been criticized for repeatedly abstaining from United Nations votes condemning
the North's human rights record. The government defends the abstentions by
citing the special character of interKorean relations.
In November 2010, the South Korean Unification Ministry officially declared the
Sunshine Policy a failure, thus bringing the policy to an end.
Reunification Tax
On January 1, 2011, the establishment of a "unification tax" was introduced into
the South Korean National Assembly. The bill called for businesses to pay 0.5
percent of corporate tax, individuals to pay 5 percent of inheritance or gift taxes,
and both individuals and companies to pay two percent of their income tax
towards the cost of unification. Practical measures to prepare for unification are
becoming an increasingly frequent aspect of political debate, as concern
regarding imminent and abrupt unification increases.
Confederal Republic of Koryo
In 1973, the North Korean President Kim Il-sung announced the proposal to
form a Democratic Confederal Republic of Koryo that would represent Korean
people in the UN. This federation is consisted of ‘one nation, one state, two
systems, and two governments.’ The core content is that first, it will be composed
of the same number of representitives from both sides. Second, confederal
committee directs affairs pertaining to politics, diplomacy and the military.
Third, the two Koreas’ regional governments with differing ideologies and
systems implement policies under the direction of the confederal government.
HISTORICAL COMPARISONS
Germany
The situation of South and North Korea might seem comparable
to East and West Germany, another country divided by Cold War politics, but,
there are some notable differences. Germany did not have a civil war that
resulted in millions of casualties and sides of Germany maintained a working
relationship after the war, but the two Koreas' relationship has been more
acrimonious.
The cultures of the two halves have separated following partition, even though
traditional Korean culture and history are shared. In addition, many families
were split by the division of Korea. In the practically comparable situation of
the German reunification, the 41-year-long separation has left significant
impacts on German culture and society, even after two decades. Given the
extreme differences of North and South Korean culture and lifestyle, the effects
might last even longer. Therefore, it is highly likely that the Korean youth will
play a major role in the cultural integration after a hypothetical Korean
reunification.
Korean reunification would differ from the German reunification precedent. In
relative terms, North Korea's economy is currently in a far worse situation than
that of East Germany in 1990. The income per capita ratio was about 3:1 in
Germany however, the ratio is close to 20:1 in Korea.
Vietnam
The division situation can be seen as more comparable to North and South
Vietnam, which were also divided after independence following World War II
from a colonial power (France). Unlike the Korean War, the Vietnam
War spanned a much longer period. The end of the war resulted in the country
coming under control of the Communist-oriented independence movements, with
China and the Soviet Union competing for influence. North Vietnam was isolated
and unrecognized except by other communist states, similarly to North Korea.
The economic effects of reunification of Korea could be similar to Vietnamese
reunification. Although South Vietnam's economy was dependent on U.S.
financial and military aid due to the intensity of warfare. Meanwhile, North
Vietnam's state-run economy shows similarity to North Korea’s, with large
farms, urban industrialization, and trade relations with the Soviet Union and
China.
At reunification, with a combined mass movement of North Vietnamese to the
wealthier South caused the South Vietnamese economy collapse, creating a
period of economic decline for the entire country.
In the event of Korean reunification, a flood of North Koreans to a much more
developed South Korea may cause the country undergo aconomic decline.
Similarly to Vietnam, the income gap between a reunified Korea will take a
much longer period to bridge than that of East and West Germany.
USEFUL LINKS AND RESOURCES
https://en.wikipedia.org/wiki/Korean_reunification#Division
https://en.wikipedia.org/wiki/Committee_for_the_Peaceful_Reunification_of_the
_Fatherland
https://www.theguardian.com/world/2015/oct/09/why-many-koreans-cant-facereunification
http://eng.unikorea.go.kr/main.do
http://www.huffingtonpost.com/john-feffer/korean-reunificationthe_b_7597430.html
http://www.investopedia.com/articles/investing/082515/will-north-and-southkorea-ever-reunite.asp
https://www.nytimes.com/2014/12/12/opinion/is-peaceful-korean-unificationpossible.html?_r=1
https://en.wikipedia.org/wiki/Sunshine_Policy
BIBLIOGRAPHY
 "The World Factbook: KOREA, NORTH."Central Intelligence
Agency
 "Korean Nationalist Historiography." Wikipedia
 "Korea under Japanese Rule." Wikipedia
 "History of Korea." Wikipedia
 Forbes. Forbes Magazine
 "Division of Korea." Wikipedia
 Snyder, Scott A. "Planning for Korean Unification." Council on
Foreign Relations
 "Korean Reunification." Wikipedia.