SWCMUN 2011 GA 1 DISEC Background Guide Sir Winston Churchill HSMUN Conference SWCMUN 2011 Table of Contents Committee Overview …………………………………………………………………….. Page 3 Simulation Overview ……………………………………………………………………… Page 3 Topic 1: Illegal Arms Trafficking ……………………………………………………… Page 5-11 Topic 2: Private Military Companies ………………………………………………. Page 12-16 GA 1 DISEC Background Guide | SWCMUN 2011 Topic 3: Child Soldiers ……………………………………………………………………. Page 17-20 2 Committee Overview The United Nations is divided into five organs: the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Secretariat and the International Court of Justice (ICJ). The General Assembly is the only subsection of the UN in which all 192 member nations have equal representation and voting power, meaning that each country has one vote. Resolutions will pass by a simple majority. The General Assembly is, in turn, made up of six main committees: Economic and Financial (ECOFIN), Social, Cultural and Humanitarian (SOCHUM), Special Political and Decolonization (SPECPOL), Administrative and Budgetary, Legal, and Disarmament and International Security (DISEC). Delegates will fill the seat their nation holds in DISEC, and will represent their nation’s views and priorities in relation to our three topics. DISEC is the first committee of the General Assembly. DISEC discusses issues of diplomatic and military stability with the goals of disarmament and increased international security. This idea of disarmament can extend to a wide variety of potential threats: nuclear weapons, biological and chemical warfare, civil strife within nations, the weaponization of space, and many more. According to Section 3 of Chapter IV Article 11: “The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.” In our committee simulation, delegates will consider three topics that relate very immediately to the peace and security of the world. It is crucial to emphasize the importance of focusing on the security aspect of these topics. Oftentimes, security concerns will have a humanitarian dimension. Simulation Overview Delegates are expected to arrive in committee with a knowledge of both topics that enables them to accurately represent their country’s position and discuss feasible solutions and applications for the topics. It is extremely important for delegates to have a strong understanding of their country’s policy and that delegates represent their nation’s government and not themselves. Innovative solutions that go against said policy will not be very helpful. That said, delegates are encouraged to explore many options. Make sure proposals are within GA 1 DISEC Background Guide | SWCMUN 2011 According to Chapter IV Article 10 of the UN Charter, committees of the General Assembly have the power and responsibility to make recommendations to the Security Council and member states of the UN after thorough discussions of issues that fit into the mandate of their specific committee. It is important to remember that the committee will be responsible for making recommendations for action: DISEC, as part of the General Assembly, is never authorized to declare sanctions, make war, or impose other regulations on nations. 3 the realm of possibility for the mandate of the UN General Assembly while exploring the latest international efforts for both topics. This Background Guide includes suggestions for further research, and these are an excellent place to start. The Background Guide is merely a starting point for your research. Delegates should familiarize themselves with both the history of these topics and their present reality. Of course, sources of information that are not mentioned are more than welcome in committee, as long as they are credible. Preparation is key to enjoying oneself at any Model UN conference: it is much more enjoyable to be able to actively participate in debate than to be stuck in the back of a room with nothing to say for three days. GA 1 DISEC Background Guide | SWCMUN 2011 As the first committee of the General Assembly, DISEC will be one of the largest committees at SWCMUN. The committee will operate according to standard Parliamentary Procedure guidelines. Our time in committee will be divided into two forms of debate. Formal debate includes speakers’ list speeches and moderated caucuses. Informal debate is made up of unmoderated caucuses that allow delegates to work on writing resolutions. We will go over both types of debate in greater detail at the opening of committee. All delegates are encouraged to express their country’s positions in formal debate. It is also very important for countries to know their relationships with other nations in the simulation: this is an important part of bloc position. Not all points of view will be compatible on every point. Collaboration is encouraged in balance with a thorough knowledge of country policy. Pre-written resolutions are expressly forbidden. Come prepared and excited! 4 GA: DISEC – Illegal Arms Trafficking Topic 1: Illegal Arms Trafficking Introduction The illegal trafficking of weapons is an international issue that plagues many of the world’s developing nations. Illicit arms trafficking fuels civil wars, incites conflict, and is in general a detriment to the successful rehabilitation of developing nations. The main focus of this guide is on the trade of small arms and light weapons (SA/LW). Small arms and light weapons account for approximately 60-90% of the 100,000 deaths linked to international conflict each year.1 As well, because of their ease of use and the ease with which they can be acquired, they are the preferred weapon of terrorist organizations. Additionally, since many small arms are lightweight and easy to use, they are used in conflicts involving child soldiers. It is therefore critical that the continued illegal trade of weapons is stemmed and heavily controlled. The main issue in the illegal arms trade is that there exists a blurred line between legal and illegal trade. Because of loose international standards and regulations, weapons are often able to fall into the hands of paramilitary forces and terrorist groups. Many of the institutional checks on small arms that are in place around the world are weak and poorly enforced. As a result of corruption and general misinformation, many states both willingly and unwillingly supply weapons normally destined for legitimate government military services straight into the hands of terrorist groups that seek only to incite violence. Because of the difficulty in determining the legality of small arms, defining what is meant by legal and illicit arms trade is a key component in understanding how to combat it. The Small Arms Survey defines it as: A transfer generally is legal if it fully conforms to international law and the national laws of both the exporting and importing states. An illicit transfer breaks either international or national laws. This simple division often blurs in practice, especially in ambiguous cases where legal or policy exceptions are exploited. Another source of controversy arises from transfers that are legal by these criteria – for example, which do not violate international arms embargoes or sanctions – but not in terms of international humanitarian or human rights law.3 GA 1 DISEC Background Guide | SWCMUN 2011 Small Arms and Light Weapons SA/LW is loosely defined as weapons that can be used by individuals or that can be mounted on vehicles or pack animals.2 These include: • Small arms: hand-held small calibre firearms, usually consisting of handguns, rifles, shotguns, manual, semi-automatic, and full automatic weapons and man-portable machineguns. • Light weapons: Includes a wide range of medium-calibre and explosive ordnance, including man-portable and vehicle-mounted antipersonnel, antitank and anti-aircraft rockets, missiles, landmines, antiaircraft guns, mortars, hand grenades and RPGs, and so on. Many of these weapons are small, light, and easy to transport across international borders. Therefore, smuggling rings are large and difficult to control. 5 Supply of SA/LW Small arms can enter the illicit market in nine different ways: 1. The first and most serious transfer of illegal arms occurs when states and organizations defy weapons trade embargos on nations. By doing so, they directly fuel the conflict in nations that have already been pre-identified as war-torn. Cases on regional, national and international scales can be found where the embargos were not monitored closely enough, such as the embargos on Angola and Liberia.5 2. Another important transgression occurs because of corruption in the system. In many countries, such as Russia, the illegal passage of weapons is allowed through and across the border of a country as officials are bribed to cooperate. These officials will often accept payoffs, especially in countries where government officials receive meager salaries and have little to no incentive to enforce the law. 3. The inadequate management of weapons stockpiles has meant that many legal weapons, often stored once they are outdated, leak into the black market. It is in this way that most legal arms leach into illicit trafficking networks. 6 4. Another important source of illegal weapons can again be linked to the poor management of weapon caches. During times of civil unrest, many opportunists find the time to raid weapon arsenals. In 1997, for example, Albanian government arsenals emptied as the country descended into chaos and more than half a million weapons flowed into the hands of Albanian citizens. Many of these guns made their way throughout the Balkans and into other regions. In the most extraordinary case, that of Iraq, the loss of control of millions of small arms and light weapons, ammunition and explosives helped to undermine the stability GA 1 DISEC Background Guide | SWCMUN 2011 Overview of SA/LW The issue of small arms is most obvious now, in the twenty first century, after the breakup of the Soviet Union and the end of the Cold War. After the end of the Cold War, the prevalent inter-state conflict quickly transformed into intra-state conflict fought not by large weapons and weapons of mass destruction but by small arms. Instead of the large political and ideological battles of the past century that divided the world in two, much of the world in conflict laden nations is now instead divided by ethnic and religious conflicts, most of which are fought by small arms and rebel groups. These small weapons are prevalent throughout the world. Unlike the massive war machines of the Cold War, even when outdated, these weapons are useful in combat and unlikely to disappear (except into different conflicts). They provide easy armament for any party wanting to reignite a conflict or engage a neighbouring country. Even when further fighting does not materialize, small arms can be employed in other forms of criminal violence, disruption of development efforts, or interference with efforts to deliver humanitarian aid. The advantages of these weapons are clear. They are cheap, widely available, lethal, simple to use, durable, portable, concealable, and have legitimate military, police, and civilian uses, making them easy to transfer across borders, legally and illicitly.4 It is for this reason that they are so prevalent and the issue so difficult to approach. Any solution would require multiple facets and must target both the lax control and regulation in the target nation(s) as well as the current socio-economic condition of the area. For that reason, it is important to understand where and how these weapons are entering the market, as well as which issues are international and which must be solved at a rural level. 6 5. 6. 7. 8. 9. of an entire country. 7 Often times, weapons are also lost from military stocks. Each year, approximately 1 million light weapons are stolen or lost from military arsenals. 8 There are also known cases where members of the military who have legal access to guns and other weapons sell them or provide them to the black market. Israeli soldiers are known to sell weapons to Palestinians with the full understanding that these weapons will be used against Israeli soldiers and citizens. 9 Weapons are also known to be stolen from owners, a case that occurs in countries where it is legal to carry firearms, such as the U.S. Ambiguous or unclear domestic laws can allow persons to own and purchase multiple guns. These owners then go on to sell these weapons to other parties. Lastly, there are many organizations in the black market that make their own weapons directly. Current Response to Illegal Trafficking The current international response is still weak and uncoordinated. The U.S. currently leads the world in its international small arms and light weaponry disarmament attempts with its efforts to secure and destroy surplus and obsolete small arms and light weapons. Since 2001, the State Department's Small Arms/Light Weapons Destruction Program has facilitated the destruction of over 800,000 surplus small and light weapons and 80 million rounds of ammunition in 23 countries. The international response, however, has not been as strong. While its response to such weaponry as landmines and biological weapons has been very effective in curbing and limiting their use, the enforcement of measures against the illegal distribution of light weaponry is currently insufficient. Although the UN has passed multiple resolutions against the proliferation and endorsement of arms trafficking, such as the United Nations Program of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN Program of Action, or POA), these resolutions are too vague and widespread to have much of an impact on the global community. Instead, it is recommend that any proposed resolution would seek to curb the spread of specific types of weaponry or seek to limit the influx of weaponry in certain nations, among other recommendations. Relevant Statistics A key issue to consider of illegal arms trafficking is the difficulty of obtaining reliable data. Because of its covert nature, there is little available information for governments to work with, and few analysts are even able to estimate the size of the international black market of illicit arms. The reason for this stems from the nature of the weapons. As mentioned before, because GA 1 DISEC Background Guide | SWCMUN 2011 As can be seen, a key component in the fight against illegal arms trafficking is the correct management of weapons stocks. The secure disposal of weaponry as well as the safe management of current stocks would greatly reduce the likelihood that weapons which are originally made for legal purposes, i.e. national defense, do not fall into the hands of black market traffickers. Of important note as well is that, as recommended by the Secretary General of the UN himself, Ban Ki-moon, the safest disposal of weaponry is when the weapon stocks are destroyed once they are no longer in use.10 7 of the difficulty in separating legal trade from illegal trade destined for terrorist organizations, it is difficult to even quantify the extent of the black market. To put in perspective, a conservative estimate of the size of the illegal global arms trade is around $1 billion dollars in worth (that of the legal trade is $4 billion in worth, exemplifying the size of the illegal market).11 It is quite clear, however, from the size and extent of the influence of these paramilitary groups that the illegal trade is a very real threat, regardless of the availability of quantifiable data. Top Five Arms Exporters (Worldwide, 2004) o #1 - United States ($18.55 billion) o #2 - Russia ($4.6 billion) o #3 - France ($4.4 billion) o #4 - United Kingdom ($1.9 billion) (Source: Congressional Research Service) Conclusion The illegal arms trade is reaching critical levels around the world. For a few hundred or so dollars, an insurgent is able to purchase a rifle capable of killing tens of innocent civilians; for a thousand or so dollars, a missile launcher capable of downing a civilian plane. The issue must be resolved. A resolution must be passed that deals with three main areas. First, the suppliers of these weapons must be dealt with. Countries that supply these weapons, even if unwittingly, must be pressured to end their contracts and clamp down on the illegal trade through stricter border control and the curbing of corruption. Secondly, the weapons must be removed from affected nations and the economic and social conditions must be dealt with properly to prevent repeat conditions in these nations. Finally, weapons must be dealt with appropriately so prevent them from falling into the wrong hands. Only by restricting the access to these weapons would we be able to promote peace and stability in war torn and conflicted areas of the world. Bloc Positions African Bloc: As the region with the most conflicts, this bloc understands the effects of the proliferation and use of SALW’s – having been most destabilized economically and politically by the illicit use of SALW’s. Though few nations thrive peacefully through the effects of SALW’s, many other nations have been marred by the conflicts the arms have brought. The long lasting conflicts in Rwanda, Somalia, and Darfur have been perpetuated because of the available access to the arms. As such, the African Bloc has been establishing preventative measures for keeping the SALW’s away from belligerent parties and rehabilitation programs to stop the effects of their illicit use. Asian Bloc: Conflicts in this region have been relatively high, especially in the South Asian region. For example, the armed confrontation in Thailand has greatly destabilized a region once hailed as a tourist haven. As such, the Asian Bloc has also been careful to regulate its arms trade GA 1 DISEC Background Guide | SWCMUN 2011 Number of Known Small Arms-Producing Countries (Worldwide, 2003): 92 (estimate) (Source: Small Arms Survey 2004, p. 9) 8 throughout the region. However, as a region with one of the biggest suppliers of SALW’s, members of this bloc need to also consider solutions that do not impose upon a nation’s autonomy to legally sell arms. The Association of South- East Asian Nations (ASEAN) has been establishing particularly stricter regulations into the arms trade by unifying the arms tracking methods and improving international communication. Middle Eastern Bloc: As a region that has experienced many armed conflicts, the Middle East is no stranger to the stress that SALW’s can bring. However, with a military expenditure comparatively high to its gross domestic product, the Middle East is also a large customer base for legitimate arms sales. In-fighting throughout the Middle Eastern Bloc, originating from the Israeli conflict, has frequently destabilized peace in the region through retaliatory attacks. As such, efforts to build peace are repeatedly undermined through renewed acts of violence. Latin America Bloc: The Latin American states have experienced many uprisings that have garnered a great human cost. Furthermore, the instability that such rebellions bring has caused a great deal of violent crimes – between 1979 to 2003, 500,000 Brazilians have been killed by SALW’s. The conflicts have also been attributed to the wide between the poor and the rich. The Organization of American States (OAS) has devoted measures to more efficiently track arms and their illicit trade to end such prevalence of volatility. Points to Consider 1. How can the UN stem the illicit trade of SALW’s and their flow into armed conflicts? 2. How can past effective solutions be expanded into current situations? 3. How will the international community enforce the solutions proposed? 4. What is your country’s policy on SALW’s? 5. How will SALW’s be dealt with in terms of those in post-conflict regions? 6. What can be done to ensure legally traded arms reach their designated destination? 1 “Federation of American Scientists,” Accessed March 28, 2011 http://www.fas.org/asmp/campaigns/smallarms/IssueBrief3ArmsTrafficking.html 2 ibid 3 Small Arms Survey 2002, 111 4 Jeffery Boutwell and Michael Klare, “Special Report: A Scourge of Small Arms,” Scientific American, June 2000, 30-35. GA 1 DISEC Background Guide | SWCMUN 2011 Western Bloc: As a bloc with the most SALW manufacturers and some of the most developed nations, members of this bloc need to consider various viewpoints. Although many of these nations support disarmament, it is also important to consider that their economies are also dependent on the sales of arms. Thus, the biggest discrepancy between the Western bloc and other blocs is that they would consider the reduction of SALW’s rather than the complete eradication of them. However, this stance is not to say that the Western Bloc would disagree with the demobilization of armed belligerents. 9 5 For specific information on the U.N. reports on Angola and Liberia see U.N. documents S/2000/203 and S/2001/1015. 6 Small Arms Survey 2004: Rights at Risk (Geneva: Graduate Institute of International Studies, Oxford University Press, 2004) 7 The Small Arms Survey, Small Arms Survey 2004 , chap. 2 8 Small Arms Survey 2004: Rights at Risk (Geneva: Graduate Institute of International Studies, Oxford University Press, 2004) 9 “Daily Telegraph”, last modified July, 22, 2003, http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2001/07/22/wmid22.xml. 10 “Report of the Secretary General,” Last modified April 17 2008 http://www.un.org/disarmament/convarms/SALW/Docs/SGReportonSmallArms2008.pdf#page =6 11 Small Arms Survey 2002: Counting the Human Cost (Geneva: Graduate Institute of International Studies, Oxford University Press 2002). Recommended External Sources 1. The Federation of American Scientists http://www.fas.org/asmp/campaigns/smallarms/IssueBrief3ArmsTrafficking.html 2. The Report of the Secretary General http://www.un.org/disarmament/convarms/SALW/Docs/SGReportonSmallArms2008.pdf#page=6 Works Cited Bureau of Political-Military Affairs. "Actions by the United States to Stem the Illicit Trade in Small Arms and Light Weapons." Federation of American Scientists. http://www.fas.org/asmp/campaigns/smallarms/Statefactsheet9jun06.htm (accessed March 28, 2011). Cukier, Wendy. "PeaceBuild." The Ilicit Trade in Small Arms: Addressing The Problem of Diversion. www.ploughshares.ca/libraries/Control/SAWG08Cukier2.pdf (accessed March 28, 2011). "Fighting the Illicit Trafficking of Small Arms." CDI - Center for Defense Information - Security Policy Research Organization. http://www.cdi.org/program/document.cfm?DocumentID=2996#_edn3 (accessed March 28, 2011). GA 1 DISEC Background Guide | SWCMUN 2011 3. Small Arms Survey is the definitive source on the supply and distribution of small arms http://www.smallarmssurvey.org/index.html 4. The following article is an excellent guide to the arms trade in Africa http://www.fas.org/asmp/library/articles/SchroederLamb.pdf 10 Jeffery Boutwell and Michael Klare, “Special Report: A Scourge of Small Arms,” Scientific American, June 2000, 30-35. Ki-moon, Ban. "Small Arms ." Report of the Secretary-General. www.un.org/disarmament/convarms/SALW/Docs/SGReportonSmallArms 2008.pdf#page=6 (accessed March 28, 2011). "Producers." Small Arms Survey. www.smallarmssurvey.org/files/portal/spotlight/country/europ.html (accessed March 28, 2011). "NISAT - Norwegian Initiative on Small Arms Transfers." PRIO - Peace Research Institute Oslo. http://www.prio.no/nisat (accessed March 28, 2011). Schroeder, Matt, and Guy Lamb. "A Global Enterprise." The Illicit Arms Trade in Africa. www.fas.org/asmp/library/articles/SchroederLamb.pdf (accessed March 28, 2011). United Nations Program of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN Program of Action, or POA). "The Illicit Arms Trade." Federation of American Scientists. http://www.fas.org/asmp/campaigns/smallarms/IssueBrief3ArmsTrafficki ng.html (accessed March 28, 2011). GA 1 DISEC Background Guide | SWCMUN 2011 United Nations. "ILLICIT SMALL ARMS TRADE IN AFRICA FUELS CONFLICT, CONTRIBUTES TO POVERTY, STALLS DEVELOPMENT, SAY SPEAKERS ON SECOND DAY OF UN REVIEW CONFERENCE." Welcome to the United Nations: It's Your World. http://www.un.org/News/Press/docs/2006/dc3032.doc.htm (accessed March 28, 2011). 11 Past UN Involvement Although at times a plague on the international community, PMCs and other security providers have been unable to be adequately addressed and regulated by the United Nations due to the quite recent influx of power held by such corporations. In 1989 however, with the rise in military privatization, the United Nations drafted the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, which defined a mercenary as “any person who is specifically recruited…motivated to take part in the hostilities by the desire for private gain…” and ultimately and external force. In article 1 and 4 the convention similarly regards a mercenary as anyone who is specifically recruited for the purpose of “overthrowing a Government or otherwise undermining the constitutional order of a State” and furthermore condemns “any person who is the accomplice of a person who commits or attempts to commit any of the offences set forth in the present Convention”. The Convention presented a significant position for all active PMC’s of the time by ultimately limiting the range of available clientele. Similarly, the OAU Convention for the Elimination of Mercenaries in Africa (1977) defines a mercenary as an individual yet fails to address ‘humanitarian assistance’ and lacks all incentive GA 1 DISEC Background Guide | SWCMUN 2011 GA: DISEC – Private Military Companies Topic 2: Private Military Companies Background Information Private military companies (PMCs) are businesses “that perform all types of security assistance, training, provision and consulting services, including unarmed logistical support, armed security guards, and those involved in defensive or offensive military and/or security-type activities, particularly in armed conflict areas and/or zones.”1 Also called private military and security companies (PMSCs), private security companies (PSCs), private security providers, and private military firms (PMFs), PMCs differ from the traditional national security services such as armies, air forces, navies, and police in two fundamental respects. The first relates to organization: “PMCs are registered businesses with corporate structures,” not public entities with public oversight. The second difference is motivation: “PMCs provide their services primarily for profit rather than for political reasons.” 2 With the mounting need for governmental and personal security in an age of newly rampant terrorism, private military companies and private security providers—despite being a relatively new phenomenon—have established themselves as a strong presence on the international scene with both their beneficial and destructive tendencies. On one hand, these defense contractors can provide valuable security services, serving as bodyguards, police squads, training personnel, and supplying necessary military equipment. Xe Services LLC, formerly known as Blackwater Worldwide, hired out its services to the United States Government who used specially trained personnel as bodyguards to high ranking officials. As such, they give the impression of positivity, working to ensure safety and stability of legitimate governments and organizations worldwide. Today, many UN Member States hire PMCs to supplement their own military operations. In addition, international organizations such as the UN hire PMCs to provide security to their personnel and programs. The widespread use of PMCs raises important questions. Are the benefits of PMCs worth the financial, security, and human rights costs? Can these costs be reduced? What role should the UN play in regulating PMCs? 12 for compliance. Both the United Nations Mercenary Convention and its counterpart, the OAU Elimination of Mercenaries in Africa Convention have failed to provide compatible measures of procedure and monitoring, a task that is then left to individual nations to implement domestic legislation. Possible Solutions Because all private military corporations and private security providers are housed in individual states and overseen on a national scale, when researching viable solutions, one must attempt to implement international legislation that is both acceptable to the international community and non-intrusive of national sovereignty. The best path to take in order to achieve such solutions is to research past successful domestic legislation implemented by nations that house a number of PMC’s and attempt to replicate it on a larger scale. For instance, the Arms Export Control Act of the United States (1968) “stipulates the purposes for which weapons and services may be transferred” and requires that all US PMC’s wishing to provide military assistance to foreign clients must acquire a license from the State Department. Additionally, the Penal Codes in both Denmark and Belgium prohibit citizens from participating in foreign armies and recruiting for such armies. Try and address as many aspects of this topic as you can, including the human rights abuses suffered at the hands of such companies, the freedom of many of these companies to choose their own clients, as well as the issue of sovereignty. Bloc Positions Western Nations: Many European nations, especially the United Kingdom, are looking to place regulations on PMC’s however domestic legislation is still in the works. Because there are so many PMC’s in Europe, extreme regulations pose a problem; certain regulations could hurt their own companies and limit the amount of money brought into the country as a whole. Asian Nations: Asian nations find that PMC’s are useful in such ventures as guarding valuable oil pipelines and find PMC’s exceedingly useful. This is seen in the Philippines where, according to the Asia Times, the “number of PMC employees outnumber the police of army.” However, specific nations, such as China, are sensitive to the issue of sovereignty that PMC’s bring to the surface. Latin Nations: Latin Nations are becoming increasingly troubled at the amount of Latin PMC’s employed by the United States in the wars of Iraq and Afghanistan. Because PMC’s in the area are constantly hiring employees based on demand, Latin workers are always available, yet are therefore subject to the most abusive labour practices. GA 1 DISEC Background Guide | SWCMUN 2011 African Nations: These nations often seek the resources that PMC’s provide due to continuously weak governments in need of security from military coups, pirates, opposition parties and other forms of destabilizing factors. These nations are also the ones who endure the worst suffering by PMC’s and are looking to stabilize their infrastructure so as to wipe out the need for military assistance. 13 Middle Eastern Nations: Many Middle Eastern Nations immersed in conflict despise the PMC’s that kill their citizens in the “War on Terror” instigated by the United States. Israel, on the other hand, has several PMC’s, including Silver Shadow and puts such companies to their full use. Conclusion Increasing use of PMCs by states and non-state actors presents many challenges to UN Member States and UN agencies. The existing framework regulating PMSCs activities, essentially based in self-regulation and voluntary codes of conduct, is insufficient, as shown in numerous cases of human rights violations. The obligation to regulate these activities falls on the States responsible for the respect, realization and promotion of human rights. However, given the transnational character of these activities, it is also necessary that this regulation takes place both at the regional level and within United Nations. Is it possible for UN member states and UN peacekeeping operations to rely on PMCs without damaging the UN’s security and human rights goals? Helpful Research Sources http://www.monitor.upeace.org/innerpg.cfm?id_article=724: Contains straightforward background of the topic. http://www.privatemilitary.org/private_military_companies.html: Contains a list of several private military companies and their websites. http://www.un.org/en/: Useful search engine for United Nations Documents, treaties, Resolutions etc. http://news.bbc.co.uk/2/hi/uk_news/90526.stm: Contains useful articles on past PMC actions _____________________________________________________________________________ 1 United Nations General Assembly, “Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination,” A/63/325, August 25, 2008, p. 4, available at http://www.unhcr.org/refworld/pdfid/48e5e9112.pdf GA 1 DISEC Background Guide | SWCMUN 2011 In researching your country’s position on this issue, consider the following questions: Have international PMCs been used in or by your country? Why or why not? Has their use enhanced or detracted from security and human rights? Does your country have domestic legislation regulating the use of PMCs? Is your country suffering/benefiting from the use of PMCs against them? Are they suffering/benefiting from their own PMCs? Does your nation have any PMCs of their own? Has your country signed the Convention against the Recruitment, Use, Financing and Training of Mercenaries? Is it a party to the Geneva Conventions? Why or why not? Are the benefits of PMCs worth the security and human rights costs? How can these costs be minimized? Should the UN use PMCs? If so, how? If not, why not? 14 2 Geneva Centre for the Democratic Control of Armed Forces (DCAF), “Democratic Control of Armed Forces,” DCAF Backgrounder, April 2006, p. 1, available at http://www.dcaf.ch/publications/kms/details.cfm?lng=en&id=55251&nav1=5. .gov/story.asp?id=1503 _____________________________________________________________________________ Recommended Reading Avant, Deborah. “Private Military Companies and the Future of War.” Foreign Policy Research Institute E-Note. April 2006. Available at http://www.fpri.org/enotes/200604.military.avant.privatemilitarycompanies.html This article by a leading scholar of PMCs explains the costs and benefits of their use and the need for their regulation. Geneva Centre for the Democratic Control of Armed Forces (DCAF). “Democratic Control of Armed Forces.” DCAF Backgrounder. April 2006. Available at http://www.dcaf.ch/publications/kms/details.cfm?lng=en&id=55251&nav1=5 DCAF is a non-governmental organization concerned with the democratic control of military forces, both national and private. This backgrounder provides an excellent overview of PMC activities and possible national and international regulatory actions. In addition, the DCAF website has reports on country specific PMC operations and regulations. International Committee of the Red Cross. “The Geneva Conventions: the core of international humanitarian law.” January 9, 2006. Available at http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions This website provides detailed information on the Geneva Conventions, which articulate the laws of war. States that are party to the Conventions are listed. “International Convention against the Recruitment, Use, Financing and Training of Mercenaries.” December 4, 1989. Available at To date, this is the only international treaty regulating the use of mercenaries. It is important to know what is in the treaty, as well as whether your country has signed and ratified it. Isenburg, David, “Government in Search of Cover: PMCs in Iraq.” Paper presented to the British American Security Council conference at the New York Institute for International Law and Justice. New York University School Of Law. March 2006. Available at http://www.basicint.org/pubs/Papers/pmcs0603.pdf This paper provides an overview of the use of PMCs in Iraq. It also provides a useful analysis of the benefits and dilemmas associated with PMCs. Risen, James. “Afghans Linked to the Taliban Guard U.S. Bases.” New York Times. October 7, 2010. Available at http://www.nytimes.com/2010/10/08/world/asia/08contractor.html This article summarizes a recent US Senate report that found that use of PMCs in Afghanistan has strengthened the Taliban because many of the individuals hired are affiliated with the Taliban. For related articles on the situation in Afghanistan, including the government’s demand GA 1 DISEC Background Guide | SWCMUN 2011 http://www2.ohchr.org/english/law/mercenaries.htm. 15 for all PMCs to leave in four months, see the New York Times articles cited in footnotes 29, 44, and 45, as well as recent stories on the “Times Topic: Afghanistan” page at http://topics.nytimes.com/top/news/international/countriesandterritories/afghanistan/index.html Schwartz, Moshe. “CRS Report for Congress: Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis.” Congressional Research Service, 2 July 2010. Available at http://www.fas.org/sgp/crs/natsec/R40764.pdf. This report provides a breakdown of PMCs operating in both Iraq and Afghanistan. It includes not only statistics, but analysis of the impact their presence has had and estimates of where PMC numbers will be in the near future. Special Inspector General for Iraq Reconstruction. “Quarterly Report to the United States Congress.” 30 April 2010. Available at http://www.sigir.mil Accessed March 29, 2011. This report outlines the progress, goals, and budgeting of the US operation in Iraq including very detailed information about PMC involvement. It has an interesting section regarding obstacles PMCs face when operating in Iraq. GA 1 DISEC Background Guide | SWCMUN 2011 United Nations General Assembly. “Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.” A/64/325. August 25, 2008. Available at http://www.unhcr.org/refworld/pdfid/48e5e9112.pdf This document includes a report from the UN Working Group on mercenaries, as well as a list of the state parties to the Convention on mercenaries. It is one of the most up-to-date sources of information on the PMC situation worldwide and in particular countries. For a more recent GA resolution on PMCs, see Resolution A/65/141 (March 2010), available at http://www.un.org/en/ga/64/resolutions.shtml 16 GA 1 DISEC Background Guide | SWCMUN 2011 GA: DISEC – Child Soldiers Topic 3: Child Soldiers Background: The use of child soldiers in numerous countries has caused an outcry in the international community for years. Historically, we see child soldiers active in predominately developing nations with severely unstable political, economical, and social environments. While child soldiers have always been a haunting issue, they came to the humanitarian forefront in the late 20th and early 21st centuries. During this period, the world bore witness to the collapse of several regimes, the rise of militant dictators, and a mess of corrupt economics. The African continent plays host to the largest violations of child soldiers both in international and internal tribal conflicts. However, it is important to understand that child soldiers are a global crisis and not simply confined to the African context. Before examining the use of child soldiers, we must first understand the problems of defining what a child soldier is. The Convention on the Rights of the Child adopted by the UN General Assembly in 1989 defines children as all “humans being under the age of 18, unless the relevant national laws recognize an earlier age of majority” (Yoong). However, due to national laws that conflict, this leaves a grey area for children between ages 15 to 18. In terms of conflict, the Coalition to Stop the Use of Child Soldiers defines child soldiers as: any person below the age of 18 who is a member of or attached to government armed forces or any other regular or irregular armed force or armed political group, whether or not an armed conflict exists. Child soldiers perform a range of tasks including: participation in combat; laying mines and explosives; scouting, spying, acting as decoys, couriers or guards; training, drill or other preparations; logistics and support functions, portering, cooking and domestic labour. Child soldiers may also be subjected to sexual slavery or other forms of sexual abuse” (“Child Soldiers Global Report Summary”) Additionally, the African Union took a strong stance in the African Charter on the Rights and Welfare of the Child in establishing a majority age of 18 and ensuring that no person under the age can be involved in hostilities. However, this 1990 charter has not received full recognition from all African nations. When addressing the issue of child soldiers, one must understand why militaries recruit children in the first place. Using children in war often confuses an opposing army whose adult soldiers will generally hesitate when firing upon children. Children also invoke a strong element of surprise when infiltrating enemy grounds. Another reason for recruiting children relies on attempts of the regime to indoctrinate a following. If leaders want long-term support, it then makes political sense to mold the minds into fervent supporters of some cause. In many countries, particularly within Africa, there are many homeless children that can easily be recruited with the promise of food and shelter. Because of their numbers and long-term potential, children become a dispensable commodity to militants. Additionally, children are psychologically less risk-averse than adults, who understand their mortality. The typical child will be less aware of associated risks and will therefore obey with less apprehension. The future problem turns towards how these children will be once the conflict subsides. In response these conditions, the United Nations issued several condemnations and organized watch bodies to monitor child soldier and trafficking conditions. One of the biggest strides in international law against the use of child soldiers was the UN Security Council Resolution 1612, ratified in 2005. This resolution reaffirms and “strongly condemns the recruitment and use of child soldiers by parties to armed conflict in 17 Current Status of Issue: Today, Human Rights Watch and other humanitarian organizations estimate between 200,000 – 300,000 children under the age of 18 currently involved in armed conflicts across the globe. These conflicts may involve government armed forces, paramilitary groups, or armed opposition groups. The International Criminal Court (ICC) established jurisdiction over instances of child enlisting by defining such an action as a war crime. Article 8 of the Rome Statute of the ICC includes “conscripting or enlisting children under the age of fifteen years into national armed forces or using them to participate actively in hostilities” (“Child Soldiers Global Report 2008). A combination of international efforts has successfully punished individuals caught performing such actions; however, the act of catching the individuals in charge is still a major challenge today. Child soldiers today face several social, medical, and economic problems. Many child refugees and escaped soldiers developed Post Traumatic Stress Disorder (PTSD) in response to the brutalities they are forced to witness. The ongoing process of repatriating and rehabilitating child soldiers in itself requires tremendous resources, often being nearly impossible for victims to recover from completely. Additionally, child soldiers are deprived of several rights advocated within the Universal Declaration of Human Rights. Because of the economic situations, children lack education, live in extreme poverty, and depend on their captors for food and survival. Life expectancy for child soldiers is abysmal due to underdevelopment and severe health risks. Understandably, these are terrible conditions for children who are often forced and brainwashed into the militant group. Perhaps the most important method of addressing child soldiers is dealing with the underlying factors surround its cause. The German delegate Mr. Wittig commented during the Peace Building Commission that “…support the establishment of vibrant social organizations and integrating former child soldiers, for example, into their local communities can all be part of institution building” (“6472 Meeting”). While the Security Council and other international organizations have defined rules, interpreted law, and described punishments, these efforts are still not enough. As a committee of the General Assembly, the First Committee on Disarmament and International Security has a larger membership that may be able to reach a broader consensus on the question at hand. Questions to Consider: 1. How can the UN focus efforts on deterring and preventing the use of child soldiers? 2. Does the UN have authority over non-governmental actors and separatist regimes that utilize force child labour? 3. Why are child soldiers predominately found in unstable, developing nations? 4. How can states successfully practice positive institution building to reduce the chances of child soldiers being recruited? 5. Considering the current violent political movements in the world and the uncertainty of how many child soldiers are employed, how can the UN and other humanitarian organizations better monitor the use of child soldiers? 6. What efforts have individual states taken to ensure the safety of children? GA 1 DISEC Background Guide | SWCMUN 2011 violation of international obligations applicable to them and all other violations and abuses committed against children in situations of armed conflict” (S/RES/1612). 18 Bloc Positions: Western Bloc: The Western nations including the US and Europe strongly condemn the use of child soldiers and have advocated the use of sanctions against any nations that used them as well as any nation that is believed to have connections to groups that use them in the past. While the US and Europe have several internal human trafficking problems, they should consider their commitment to humanitarian development and international policy. Asian Bloc: China has always fallen into an interesting place on this issue and with that much of South East Asia as well. While always against child soldiers in principle and in theory, in practice the Chinese have been inclined to turn a blind eye to this if it benefits their economic investments in countries. This often leads to a conflict of interests and shows China going against the idea of sanctions. South East Asian countries should consider their involvement with forced child labour and child soldiers in terms of their official policy and international law. African Bloc: African nations sit in the center of this issue, as many of the reported problems are present on the continent. While the positions of each nation depend on the situation, Africa as a whole does not want to see the West invading their internal matters. African nations should consider their plans for economic and political development in their social systems as ways of deterring the use of child soldiers. Sources: “Child Soldiers Accountability Act of 2008”. United States Senate. S.2153. 110th Congress. Feb 2, 2011. < http://www.govtrack.us/congress/bill.xpd?bill=s110-2135> “Child Soldiers Global Report Summary –Summary of selected international treaties”. Coalition to Stop the Use of Child Soldiers. Human Rights Watch. 2008. Web. Feb 1, 2011. http://www.hrw.org/sites/default/files/reports/Child_Soldiers_Global_Report_Summary.pdf UN Security Council Resolution 1291. United Nations. S/RES/1261 (1999). UN Security Council Resolution 1460. United Nations. S/RES/1460 (2003). UN Security Council Resolution 1539. United Nations. S/RES/1539 (2004). UN Security Council Resolution 1612. United Nations. S/RES/1612 (2005). Web. Feb 1, 2011. <http://www.unrol.org/files/SecurityCouncilResolution1612_en.pdf> “World Map of Child Soldiers”. 2001. Image. Feb 1, 2011.<http://www.un.org/works/goingon/ soldiers/ childsoldiersmap.html> GA 1 DISEC Background Guide | SWCMUN 2011 “Child Soldiers Global Report Summary”. Coalition to Stop the Use of Child Soldiers. Human Rights Watch. 2008. Web. Feb 1, 2011. <http://www.hrw.org/sites/default/files/reports/ Child_Soldiers_Global_Report_Summary.pdf> 19 Yoong, Meng. “Child Soldier: Problems of Definition, Role and Factors for Recruitment”. Journal of the Royal Malaysia Police Senior Officers’ College. 2004. Web. Feb 1, 2011. http://mpk.rmp.gov.my/jurnal/2004b/childsoldiers.pdf “6472nd Meeting”. UN Security Council Provisional Meeting on Peacebuilding. S/PV.6472. Jan 21, 2011. Feb 2, 2011 <http://daccess-ddsny. un.org/doc/UNDOC/PRO/N11/212/68/PDF/N1121268.pdf? OpenElement> GA 1 DISEC Background Guide | SWCMUN 2011 This background guide has been adapted from DISEC Background Guides at the following HSMUN conferences: SOMA XXXIX, Cerritos High School Model UN Conference, Surf City MUN, Dartmouth (DARTMUN), National High School Model UN (NHSMUN), Washington Area Model UN (WAMUNC). 20