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RBSMUN 2013
2013
STUDY GUIDE
Chair: Shashwat Aryal Vice Chair: Pratistha Rijal Moderator: Abhilasha Thapa, Prapti Sharma
CONTENTS
INTRODUCTION ....................................................................................................................... 3 HISTORY OF THE COMMITTEE ............................................................................................... 4 TOPIC 1: CONFLICT MINERALS AND THEIR EFFECTS ON THE EAST AFRICAN PROVINCES STATEMENT OF THE PROBLEM ............................................................................. 5 HISTORY OF THE PROBLEM ............................................................................................................ 6 CURRENT SITUATION......................................................................................................................... 8 POLICIES, RESPONSES AND ACTIONS ....................................................................................... 10 PROPOSED SOLUTIONS .................................................................................................................. 12 QARMA: QUESTIONS A RESOLUTION MUST ANSWER .......................................................... 13 SUGGESTIONS FOR FURTHER RESEARCH .............................................................................. 13 TOPIC 2: RESPONDING TO MODERN MIGRATION FLOWS: SOCIAL AND CULTURAL RIGHTS OF REFUGEES ..........................................................................................................14 STATEMENT OF THE PROBLEM .................................................................................................... 14 HISTORY OF THE PROBLEM .......................................................................................................... 15 CURRENT SITUATION....................................................................................................................... 16 RELEVANT UN ACTIONS .................................................................................................................. 18 QARMA: QUESTIONS A RESOLUTION MUST ANSWER .......................................................... 20 SUGGESTIONS FOR FURTHER RESEARCH .........................................................................21 CLOSING REMARKS ...............................................................................................................21 POSITION PAPER FORMAT ....................................................................................................22 REFERENCES .........................................................................................................................23
INTRODUCTION
The motive of this committee is to discuss the social, humanitarian and cultural affairs of the world, and resolve any conflicts that arise pertaining to these issues. SOCHUM is an important committee of the UN which deals with a wide variety of topics. Delegates discuss global concerns ranging from the security of women, the protection of children, the problems of refugees, the promotion of fundamental rights through the elimination discrimination LGBT rights, and many other burning issues that are faced by the world today. This committee also addresses important social progress questions such as issues related to youth, family, and people with disabilities, criminal justice and drug control. As one of the six committees of the UN General Assembly, SOCHUM has played a big part in resolving numerous global crises.
TOPIC 1: CONFLICT MINERALS AND THEIR EFFECTS ON THE EAST AFRICAN PROVINCES STATEMENT OF THE PROBLEM
Conflict minerals are minerals extracted in conditions of conflict and human rights violations, mostly in the eastern parts of the Democratic Republic of the Congo, by the National Army, and various armed rebel groups. Its not just the nations domestic forces; during the Congo Wars, Uganda, Rwanda and Burundi profited from the Congo's resources. The governments of these countries have continued to smuggle resources from Congo till today. The most commonly mined minerals are coltan, cassiterite, wolframite, and gold, extracted from the Eastern Congo, and are being purchased by electronics corporations. Essential in the manufacture of a variety of devices, including consumer electronics such as mobile phones and laptops, these minerals are smuggled worldwide.
Cassiterite, Mineral (tin oxide) is the main subunit informant of tin, an extremely corrosionresistant metal often used in solders, tin covering, chemicals, and alloys, notably bronze. Often found co-set with colt an in the DRC, tin is increasingly being used in auto circuits.
Armed groups and illegal material sector actors also mesh in the district of Ituri, the environment of a heathen partner and resource focused contrast in the mid-2000s. It has been relatively calm in recent years. Over a period of time and a half of dispute has also solution in a failure of law and order and caused socio-economic conclusion for many in eastern DRC, an area which had already receive decades of state no achievement and plundering under Mobutus rule. Infringe in eastern
DRC have lay an expectant number of armed militias, motivated by a desegregation of view aims and communal or ethnic self-defense, criminal, and other cognitive content. Multiple, often repose-related to thespian have underpinned these infracts, which have consistently been characterized by numerous, extreme man powerful utilization. Such factors have included interethnic influence and economic competitor, in some instances associated with the 1994 Rwandan genocide or Congolese state and societal discrimination against ethnic minorities. Diverse political grievances against and social event for spirit over the state have also played a role. Integration of various non-state armed groups into the individual personnel and other study reform processes; lack of war machine activity and discipline; and contested authorization and control and corruption within the military are also contributing factors. Widespread poorness and unequal patterns of resource distribution have also supply prodding and prolong dispute, as have criminal expedience, plundering, and predation of civilian populations, often by weather of state security forces. Such catalysts of offend have not only motivated Congolese armed actors actions; they also spurred several extraneous state military engagement in Congo in the early 2000s.4 For more on the dynamics of conflict in easterly DR and actors convoluted, see Appendix A. These drivers of conflict have been aggravated by competition and conflict over various resources, including line rights; latitude timber and agricultural commodities, such as coffee, palm anile, and charcoal; illicit medicate cultivation and commerce; and fishing rights Congress has long been concerned about action and human aright abuses in the DRC. Opportunity during successive congresses have focused on ways to help stop or mitigate their effects, and multiple resolutions and bills seeking the same game equipment have been introduced. Several have become law.
CURRENT SITUATION
Over the past few years, Eastern Africa, especially Eastern Congo, has faced extreme forms of violence in regards to conflict minerals. These minerals have helped in funding the Second Congo War, also known as Great War of Africa (August 1998-July 2003). The sales of conflict minerals benefit the armed groups who receive millions of dollars which are further used in purchasing more ammunition to maintain domination over the people and the mining territories by these groups. During the time of 15 years, Eastern Congo has established the reputation of being referred to as the rape capital of the world. Conflict minerals such as Tin and Coltan are mostly used in producing cell phones and other electronic gadgets, but now many leading electronic companies have been removing conflict minerals from their mineral supply chains, especially after the implementation of the Dodd-Frank Wall Street Reform act and the Consumer Protection Act. These companies have still not been able to make their products conflict free. However, companies like Apple, HP, Intel and Motorola Solutions are progressing remarkably in the removal of conflict minerals from their supply chains. In two years (2010-2012), Intels progress increased rapidly by 36% and that of HPs by 22%. Jewellery, industrial machinery, mining and automotive industries that also use conflict minerals have started taking steps to eliminate conflict minerals from their supply chains.
Source: The Enough Project- Taking Conflict Out of Consumer Gadgets (August 2012)
Due to the implementation of the Dodd-Frank Act, the trade of conflict minerals have been affected quite a bit as armed groups now are only able to generate 35% of what they used to make from the trade of tin, tungsten and tantalum two years ago. The Great War of Africa resulted in 5.4 million deaths and 45,000 people continue to die every month. This war, which was fuelled by conflict minerals, has been considered the worlds deadliest war after the Second World War. 19% of the population had died out of which 45% were children. People living in the DRC are victims of rape, assault and ruthless killing. Even though violence in the DRC has somewhat declined, according to Refugee International (November 2012), there are still more than 2.4 million people who have been internally displaced and about 460,000 of them have become refugees in neighbouring countries. The Democratic Republic of Congo consists of minerals worth about $24 trillion, which is equal to the combined GDP of Europe and The United States of America, but minerals worth $6 million leaves DRC every day. This plundering of minerals is the cause of a country which is rich in mineral resources, still being one of the poorest countries of the world. According to a major research report in the eastern DRC done by the Southern Africa Resource Watch from November 2012, rather than armed groups, corrupted bureaucrats, government officials and security personnel have been taking advantage of gold miners by charging them with illicit fees, tax and levies, but they do not provide any service in return.
According to The Congo Report of June 2011 by Free the Slaves, slavery is pervasive in the mining groups in eastern DRC. Slaves in the eastern Congo comprised of mostly women and children who were subject to modern slavery which includes, debt bondage, sexual slavery, peonage, child labour, forced marriage and forced labour imposed by armed groups. Children who work in the mines are usually the ones whose parents are trapped in debt bondage and hence, these children do not receive any sort of payment. Members of the armed groups force individuals to work during the day and then sexually abuse them at night. Children are the ones who are most prone to slavery in the eastern DRC.
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The RINR was propounded in 2009 and the six main objectives of this initiative are1. 2. 3. 4. 5. 6. To create a regional certification mechanism for natural resource supply chains, To construct a regional database on mineral flows, To formalize the artisanal mining sectors, To promote the Extractive Industries Transparency Initiative(ETTI) peer learning mechanism, To harmonize the national legislation in member states, and To establish a whistle-blowing mechanism
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PROPOSED SOLUTIONS
To overcome the conflict minerals irritation in eastern Congo, a more wide-ranging approach will be necessary; one that includes a significant, and long-term investment in Congos security, livelihoods and governance over a long time. A comprehensive plan to end the trade in Congos minerals should contain four main parts: 1. 2. 3. 4. Emphasizing on the supply chain Identifying and securing the mines. Stabilizing governance. Supporting lives and income of miners.
Any effort to address the problem must be connected to a broader strategy to create a political will in Congo and its neighbours to find diplomatic solutions to the local, national, and regional conflicts Transparency must extend across borders to include other governments in the region. Uganda, Rwanda and Burundi have profited largely from the unfair minerals trade and Congos continued unsteadiness to which they are responsible to a great extent. Congos neighbours have genuine security concerns and economic ideas in eastern Congo, and a more fair approach to these regional actors from the US and its allies is vital to address these concerns, ending the major role these states continue to play in the destructive minerals trade, and promoting the rule of law in Congo and also beyond its borders.
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TOPIC 2: RESPONDING TO MODERN MIGRATION FLOWS: SOCIAL AND CULTURAL RIGHTS OF REFUGEES STATEMENT OF THE PROBLEM
A refugee is a person who is away from his or her country of habitat because they have suffered persecution on base of race, nationality, religion, political opinion, or because they are linked to a persecuted 'social group' or because they are fleeing from conflict. The delegates of the committee are expected to research on the current context of the topic and come together to a consensus as diplomats and write a viable resolution to solve or at the least minimize the refugee problem.
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CURRENT SITUATION
The Geneva Convention gives refugees a number of social and cultural rights. These rights are granted to refugees with the intent of making them equal to the citizens of the host nation. The original text of the Convention comprise of rights like- equality before law, freedom of religion and expression of religion, freedom of movement and privacy, access to the Courts of the State, freedom of speech, right to education and labour market and so on. One of the most important rights is the principle of non-refoulement, which protects refugees from being taken back to places where their freedom and lives could be in danger. Unfortunately, all nations have not been able to grant refugees with all of these rights. The brutal attacks carried out by armed groups of Afghanistan killed more than 2,700 civilians and injured 4,805 people. This unrelenting armed conflict and natural disasters left 459,000 internally displaced and around 2.7 million refugees stayed outside the country. Many took shelter in plastic sheeting in city slums and informal settlements and lived under the continuous threat of forced as well as violent expulsions by the landlords. Furthermore, weather conditions of 2011/2012 along with poor sanitation and lack of access to health care and education led to various kinds of sicknesses. During this period, more than 100 people died, most of which were children. Due to this incident, the Afghani government said that it was forming an inclusive national policy relating to internal displacement. In September, Afghan refugees were allowed to stay in Pakistan for another 3 years as said by the Pakistani government who revoked the order that called on to illicit Afghan immigrants to leave the country or be subject to imprisonment and banishment. In Egypt, many foreign migrants, refugees and asylum seekers who wanted to cross the Sinai border of Egypt were shot to death. These refugees, migrants and asylum seekers who wanted to cross the Sinai border to Israel were extorted and ill-treated by human traffickers. The fast-track procedure for refugees of France remained intact, but it did not protect the essential rights of these asylum seekers. They were deprived of a suspensive right of appeal before the National Asylum Court. According to the new resettlement programme laid down in December, 2011 in Germany, refugees were intended to stay in Germany permanently. However, the 195 refugees that came to Germany from Shousha, Tunisia and the other 105 refugees from Iraq who lived in Turkey were deprived of certain rights and were not given the same legal position as refugees as mentioned in the UN Refugee Convention. In spite of the risks that they had faced in Hungary, refugees and asylum seekers were still relocated to Hungary.
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In Ghana, the Ghana Refugee Board proclaimed their plan of closing down the Buduburam refugee camp located in Accra due to which about 11,000 Sierra Leonean and Liberian refugees had to return to their country of origin. Greece has been stated to be improving at the appeal level of asylum determination procedures; however, it did not make much progress in establishing a just and effective asylum system. The new asylum services were not being able to operate because of recruitment difficulties. The 3,200 refugees of Camp New Iraq (Camp Ashraf) were being transferred to Hurriya Transit Centre (Camp Liberty) located north-east of Baghdad. These refugees blamed the Iraqi security forces of attacking some them in the process of relocating to Camp Liberty and also found faults with the living conditions at Camp Liberty. In Israel, refugees who wanted international protection continued to be deprived of access to fair refugee-determination procedures and instead, were subject to confinement and arrest. Refugees in Italy continued to face poverty. The authorities were unable to protect the rights of refugees and focus on their needs. In Kenya, refugees were not provided with proper means of transportation and therefore had to walk 100 km to look for a safe haven. After a police vehicle was attacked in the refugee camps, the Kenyan police beat, confined and arrested; they were supposedly looking for explosives. In spite of the assurances encompassed in Libyas Constitutional Declaration, declared in August 2011 to grant refugees the right to search for and enjoy a refuge, the Libyan Government was unable to sign the memorandum of understanding with UNHCR or implement asylum statute. Individuals who were not authenticated and were in need of international protection were continuously imprisoned, ill-treated, verbally abused and were left to live in dangerous conditions by the police and armed groups. In Turkey, the 148,000 refugees had been provided lodgings in 14 camps that were well systematized and resourced. These camps were mostly situated at the borders and were close to the Syrian conflict zone. However, from August, 2012, after Turkey partly closed its borders to Syria, thousands of refugees and internally displaced people had to stay in dangerous living conditions. The government of Turkey was not able to implement asylum legislations and protect the rights of refugees. Many refugees had to return to the places where they came from with the risk of hostility and ill-treatment.
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RELEVANT UN ACTIONS
In the aftermath of the Second World War, the office of the United Nations High Commissioner for Refugees (UNHCR) was established by the United Nations General Assembly. The main objective of UNHCR is to protect and find enduring solutions for refugees. The activities of UNHCR are based upon the 1948 Universal Declaration of Human Rights and the four Geneva Conventions (1949) and various other international and regional treaties that identify the needs of refugees. Convention Relating to the Status of Refugees (1951): The Convention Relating to the Status of Refugees has set the minimum standards for the treatment of refugees and also defines the term refugee. This Convention was drafted soon after World War II and hence the definition refers refugees as the ones who live outside their country of origin, but as new refugee crises arose during the late 19550s and early 1960s, the scope of the Refugee Convention needed to be broadened. Therefore, a Protocol to the Convention was thus drafted and implemented in 1967. The nations that have ratified to either the Convention or the Protocol or both are obligated to protect their refugees according to the terms of the convention or the protocol. The Principle of Non-refoulement: This principle states that refugees have the right to non-refoulement, i.e. they cannot be forcefully returned to other places. According to Article 33 of the 1951 Convention, No Contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of ter ritories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. If this principle is violated or breached in any way, the UNHCR can intervene with relevant authorities and will inform the public if considered necessary.
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PROPOSED SOLUTIONS
The general interrelation of solution to protection, with regard particularly to basic principles of protection; The general adoption of a broad and modern human rights approach to the problem, in relation to the nature of the problem and the related solution; The elaboration of a concept of solution which is consistent with general protection in regard to its various aspects, i.e. prevention, repatriation, voluntary, local settlement and resettlement The progressive development of international law, action and policy in relation to solution, especially practical measures for seeking and obtaining answers.
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CLOSING REMARKS
The dais expects high level discussions during the sessions for which the delegates must be well prepared and researched. Dont stick with the same ideas and be open to negotiations, but dont go against your countrys stance. Dont make up facts and be sure to provide evidence to what you speak and remember, we are here to help. Do not hesitate to ask us any questions
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Current Situation What are your national interests in the situation and briefly explain the stance on the topic? What is your country doing to support or condemn the topic? What past resolutions or treaties have the country supported regarding the topic?
Solution . What does your nation believe needs to be done to solve the problem? What would your country want to be included in the committees resolution?
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REFERENCES
http://www.nobelprize.org/nobel_prizes/peace/laureates/1954/refugees-lecture.html http://www.un.org/en/ga/third/ http://www.un.org/ga/61/third/third.shtml http://en.wikipedia.org/wiki/Convention_relating_to_the_Status_of_Refugees http://www.ipu.org/pdf/publications/refugee_en.pdf http://www.unhcr.org/pages/49da0e466.html http://reliefweb.int/report/world/amnesty-international-report-2012-state-worlds-human-rights http://www.theguardian.com/news/datablog/2012/apr/05/asylum-seekers-mapped http://en.wikipedia.org/wiki/Conflict_minerals http://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1952 http://www.enoughproject.org/conflict-minerals http://www.un.org/News/Press/docs/2013/sc11037.doc.htm http://www.globalissues.org/article/87/the-democratic-republic-ofcongo#EffectsontheEnvironmentandWildlife http://failuremag.com/feature/article/conflict_minerals_and_war_in_eastern_congo/ http://www.warchild.org.uk/issues/congo-conflict-minerals http://www.globalwitness.org/campaigns/conflict/conflict-minerals http://www.enoughproject.org/publications/getting-conflict-free http://www1.umn.edu/humanrts/edumat/studyguides/refugees.html
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