Mazapan School Model UN Simulation

Transcription

1 Mazapan School Model UN Simulation Background Guide United Nations Office on Drugs and Crime

2 1 Dear Delegates, Welcome to the Mazapan School MUNS for the year We are very pleased to have you join the United Nations Office on Drugs and Crime. This year s simulation seeks out to build bridges around the world; or, in other words, make connections to solve the pending issues that we face on a day to day basis. We would like to introduce ourselves; our names are Soad Ávila and Mylka Puerto, your committee chairs for this year s simulation. We could not be more thrilled to welcome you into our lush campus! To say we are excited is a huge understatement. Prepare for this simulation as thoroughly as we did and be ready for heated debate. We look forward to seeing you all the day of the conference. The topics of choice have grasped our attention and we hope that they interest you just as much as they do us, for they are of global importance and should be talked about more. You are our country s future leaders, so set yourself the goal to go home with an even more ambitious mindset than what you came in the room with. Once again, welcome, and do not doubt to contact us with any questions you may have!

3 2 Table of Contents United Nations Office on Drugs and Crime 0 Introduction 3 Mission Statement 4 Overview of Topics 5 Coming to a consensus on the private ownership of firearms 5 Solving the slave auction conflict in Libya 6 Topic A: Coming to a consensus on the private ownership of firearms 7 Introduction 7 Importance 8 History of the Issue 8 Bloc Positions 9 Sources 14 Topic B: Solving the slave auction conflict in Libya 15 Introduction 15 Importance 16 History of the Issue 17 Bloc Positions 18 Sources 20

4 3 Introduction UNODC The United Nations Office on Drugs and Crime, a global leader in the fight against illicit 1 drugs and international crime, is an organization made upon the merge of the United Nations Drug Control Programme and the Centre for International Crime Prevention. The office works by the following three pillars: Field-based technical cooperation projects to enhance the capacity of Member States to counteract illicit drugs, crime and terrorism Research and analytical work to increase knowledge and understanding of drugs and crime issues and expand the evidence base for policy and operational decisions Normative work to assist States in the ratification and implementation of the relevant international treaties, the development of domestic legislation on drugs, crime and terrorism, and the provision of secretariat and substantive services to 2 the treaty-based and governing bodies. 1 UNODC. About UNODC. The United Nations Office on Drugs and Crime. Updated on < > 2

5 4 To pursue these objectives, the UNODC makes every effort to integrate and mainstream the gender perspective, particularly in its projects for the provision of alternative livelihoods, as 3 well as those against human trafficking. The UNODC specializes in the handling of (1) organized crime and trafficking, (2) corruption, (3) crime prevention and criminal justice reform, (4) drug abuse prevention and health, and (5) terrorism prevention. They seek to encourage governments to react to the instability and insecurity that these issues bring upon the population. They look out to find the impediment to social and economic development, and promote the use of training manuals and the adoption of codes of conduct and standards and norms that aim to guarantee that the accused, the guilty and the victims can all rely on a criminal justice system that is fair and grounded on human rights values. Mission Statement Your committee chairs have decided that all the delegates forming a part of the United Nations Office on Drugs and Crime have to keep in mind the following mission when preparing for the simulation: Make sure you come up with interesting, unique, and reasonable solutions that involve making global connections to fix every respective issue. Keep in mind that you are representing a country, and not an individual opinion. 3

6 5 Overview of Topics Coming to a consensus on the private ownership of firearms Firearm regulation, colloquially known as gun control, is what rectifies the manufacture, sale, transfer, possession, modification, and overall use of firearms. Regulations vary from country to country, ranking from the absolute ban to the the permissive use of firearms. Countries with clear-cut gun cultures allow their civilians the permission to own and bear arms, consequently creating very liberal gun laws. On the other hand, countries that regulate gun control tend to restrict access to certain firearms and thereupon narrow down the amount of people who may be granted a license to own and bear arms. Considering that gun laws are subjective to every respective country, a global imbalance in gun control is created, permitting certain countries to use these firearms to commit crimes within their country or internationally. Therefore, it is this office s job to come to a consensus on the private ownership of firearms to prevent further terrorist issues and the exponential rise in assassinations by firearms.

7 6 Solving the slave auction conflict in Libya As defined by the UNODC, human trafficking is the recruitment, transportation, transfer, and the harbor/receipt of persons by means of threat or use of force, were it by coercion, abduction, fraud, deception, the abuse of power or a position of vulnerability, or the making of a profit of any kind, to achieve the consent of a person to submit to another for the purpose of exploitation. Exploitation includes, at minimum, sexual exploitation, forced labor or services, slavery and similar practices, servitude, and the removal of organs. The media has recently highlighted a pressing issue in Libya involving African Americans migrants and refugees coming from: Nigeria, Eritrea, Guinea, Sudan, Somalia, and other countries, being kidnapped on their way to Europe and sold as slaves. These people are being auctioned in the modern day slave market for about $400 each. It is the office s job to solve the slave auction conflict in Libya in order to: prevent future world wide problems that might arise alongside this issue, make justice for the victims, and to reinforce this resolution upon countries that need it to develop and create a feeling of security for their people.

8 7 Topic A: Coming to a consensus on the private ownership of firearms Introduction The illicit trafficking and misuse of firearms is essentially linked to criminal organizations and networks such as: facilitators of violent crimes, tools to perpetrate power, and lucrative trafficking commodities that fuel armed conflicts, crime, and insecurity. No region in the world is exempt from the dramatic consequences of firearms violence. While the death toll in the context of armed conflicts is well known, the fact that more lives are lost worldwide from non-conflict firearm events than do during ongoing wars is less evident yet more dramatic. The controversy associated with firearms violence covers the entire spectrum of human security: ranging from high levels of individual physical insecurity (domestic and street violence, criminal violence, etc), to serious economic and social consequences for the society at large, to large scale armed conflicts in which these arms enable widespread violence and are to blame for the majority of deaths. The problems associated with criminality and firearms are of such a complex nature, that minifying them requires fit interventions involving corresponding criminal justice responses in terms of prevention, investigation and prosecution of crimes.

9 8 Importance Coming up with a consensus on the private ownership of firearms and usage of arms is essential to living in a more peaceful world. Striving for less violence is always the goal. Not only is it a humane duty to give the off-the-ballpark mortality rates a considerable decrease, but it is our job as the Office on Drugs and Crime to bring attention to this issue and find the most reasonable and heuristic method to solve the ongoing controversy. History of the Issue Gun laws are often formulated with the intention of reducing the use of small arms in criminal activity, specifying weapons capable of inflicting the greatest damage (such as fully automatic firearms) and those most-easily concealed (such as handguns and other short-barreled weapons). Restrictions vary from country to country, and the UNODC alongside the international community acknowledges this imbalance and repeatedly expresses its concern, whether it be in times of war or peace. Therefore, the Implementation Support Section (ISS) of the Organized Crime and Trafficking Branch (OCB), created the Global Firearms Programme (GFP) as of Many international and regional instruments form part of the international regime on firearms. This highlights the complexity and multidimensionality of firearm conflicts, but it also calls for diversified approaches to the resolution and consensus.

10 9 Bloc Positions In the United States of America, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces the regulation of the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearm accessories. There exists a right to keep and bear arms, protected by the Second Amendment to the United States Constitution (1789). The manufacture and transfer of firearms (machine guns, short-barrel rifles and shotguns, heavy weapons, explosive ordnance, silencers, and disguised or improvised firearms) is taxed under the National Firearms Act (NFA of 1934). The Federal Firearms Act (FFA of 1938) requires that all gun manufacturers, importers, and people in the business of selling firearms have a Federal Firearms License (FFL). There is an estimated 270,000,000 to 310,000,000 guns held by civilians, both legal and illicit in the United States. The estimated rate of private gun ownership is of 101 guns per 100 civilians. However, the University of Sydney s website GunPolicy.org defines the gun regulation in the United States as permissive, considering that: (1) minors can get ahold of guns with the proper and lawful procedure; (2) The United States authorities do not maintain a record of individual citizens allowed to possess, carry, sell, or transfer a firearm or ammunition; (3) carrying a firearm in plain view in public is allowed with or without a permit; (4) and gun owners with a valid permit to carry a handgun are exempt from background checks when buying from a licensed gun dealer.

11 10 It is worth mentioning that homicides by firearm per 1 million people is of 29.7 homicides, 22 homicides higher than the country behind the United States with a meer 7.7 homicides. In Japan, The regulation of guns is categorized as restrictive, considering that: (1) the right to the private ownership of firearms is not guaranteed by law; (2) civilians are not allowed to possess handguns, hunting guns (without specific approval), military rifles, machine guns, any gunpowder charged firearm, certain air guns, and imitation firearms; (3) the private possession of fully automatic and semi-automatic weapons is prohibited; (4) applicants for firearm possession must present with a subjectively valid reason in order to lawfully acquire a permit (ex. Target shooting or hunting); (5) an applicant for a firearm license must pass a background check that considers criminal, mental health, and addiction records; (6) the understanding and management of firearm safety and law, tested with a training course is required to acquire a firearm license; (7) and gun owners must reapply and re-qualify for their firearm license every 3 years. State agencies are required to maintain a full record of the storage and movement of all firearms and ammunition. Licensed firearm dealers are required to keep record of every firearm, ammunition purchase, sale or transfer made upon their business; just as well, licensed firearm manufacturers are required to keep a record of each firearm produced to facilitate inspection by regulating authority. The private sale and purchase of firearms is illegal. State authorities carry out recognized arms tracing and tracking procedures in order to keep al transit under control. and illicit). The estimated amount of guns owned by civilians in Japan is of about 710,000 (both legal

12 11 As for South Korea, The regulation of guns is considered to be restrictive considering that: (1) the right to the private ownership of firearms is not granted by law; (2) civilians are not allowed to possess military weapons such as revolvers, pistols, automatic and semi-automatic rifles and machine guns with no exceptions; (3) unlike other countries whose minimum age requirements allow for 18 year olds to purchase firearms, South Korea s minimum age is of 20 years; (4) the understanding of firearm safety and the law is required for a firearm license; (5) gun owners must reapply and re-qualify for their firearm license every five years; (6) carrying a firearm in a public place is strictly prohibited; (7) and any firearms used for sport (target shooting, hunting, etc.) are to be stored at the local police station. The estimated total amount of firearms in South Korea is 510,000 (both legal and illicit). The estimated rate of private gun ownership per 100 people is of 1.1 firearms. This is not irrational, considering that the gun culture in South Korea deems it taboo to possess or carry firearms in public. There have been measures made to end the illicit trade of firearms in South Korea, such as: (1) signing and ratifying the United Nations Arms Trade Treaty, (2) signing the United Nations Firearms Protocol, and (3) committing to various consensus decisions of the United Nations to adopt, support, and implement programmes to prevent, combat, and eradicate the illicit trade of arms, weapons, and all other aspects.

13 12 The United Kingdom excels at keeping track of the arms, firearms, etc. circulating their country. Access to firearms of the general public is so tightly controlled by law that it is much more restrictive than the minimum rules required by the European Firearms Directive. Their low gun homicide rates are admirable, accounting for only 2.4% of homicides in the year of The United Kingdom s gun policy is considered restrictive for the following reasons: (1) the right to the private ownership of firearms is not granted by law; (2) civilians are not allowed to appear in public with semi automatic and automatic firearms, handguns and armour piercing ammunition; (3) the private possession of semi automatic and automatic firearms, handguns and armour piercing ammunition is prohibited and punishable by law; (4) if a past history of family violence exists, the law stipulates that a gun license should be denied or revoked; (5) licensed firearm owners are permitted to possess only an approved number of firearms and ammunition; (6) guns owners must reapply and re-qualify for their license every 5 years; (7) and authorities maintain a record of individual civilians with a license to acquire, possess, and sell or transfer firearms or ammunition. Interestingly enough, the age for gun ownership in the United Kingdom is of 14 years for a lawful license, 17 years for purchase limited types of firearms, and 21 years to purchase shotguns. Gun laws also allow firearms and guns for sport (target shooting and hunting) and collection. The United Kingdom has strived to end the illicit trade of firearms by signing and ratifying The United Nations Arms and Trade Treaty, and signing The United Nations Firearms Protocol.

14 13 China The regulation of guns in China is categorized as restrictive for the following reasons: (1) the law does not guarantee the right to the private ownership of firearms; (2) civilians are not allowed to possess firearms, fully automatic weapons, and semi-automatic assault weapons; (3) no civilian may lawfully acquire, possess or transfer a firearm or ammunition; (4) a firearm license is only given when a subjectively reasonable reason is given; i.e. hunting, sports shooting, or animal control, which is strictly restricted; (5) licensed firearm owners in China are only allowed to possess the amount of firearms distributed by the State; (6) and the law requires for State agencies to keep a full record of all firearms stored and moved to their control. Therefore, dealing with firearms without a gun dealer license by way of business is unlawful. Per 100 civilians in China, there is an estimated total of 4.9 guns. The estimated total of guns held by civilians in China is of 40,000,000. China has not taken measures noticed by the UN to eradicate the illegal trade of firearms in their country. The Arms Trade Treaty has not been signed by China, and the Protocol against the Illicit Manufacturing of and Trafficking [ ] has been signed but not yet ratified.

15 14 Sources Japan Firearms Control in Japan. National Police Agency, Firearms Division.Tokyo:Firearms Division, Community Safety Bureau, National Police Agency,1 January to-march-2017/police-use-of-firearms-statistics-england-and-wales-april-2016-to-march

16 15 Topic B: Solving the slave auction conflict in Libya Introduction Human trafficking is the acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them. Smuggling of migrants involves the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident. This conflict affects every country, whether it is considered rich or poor. The main mission of these countries is to defeat the criminals who are linked up to the exploitation of desperate people, to assist and protect the victims of trafficking and smuggled migrants. The response of the UNODC to human trafficking is to offer practical help to States by drafting laws and creating realistic national anti-trafficking strategies, keeping in mind to assist with the resources needed to implement said strategies. Specialized assistance includes the development of local capacity and expertise, just like practical tools in order to encourage the cooperation of bordering countries in investigations and prosecutions. The United Nations General Assembly created the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2000, which marked a breakthrough in the international efforts to stop the trade of people. UNODC, the sponsor of the protocol, addresses the issues of human trafficking with its Global Programme against Trafficking in Persons. However, even though a vast majority of States have now signed and ratified the Protocol, very few criminals are convicted. Many countries neglect the Programme.

17 16 Though human trafficking has always been an issue in the North African country of Libya, it has come to the media s attention that highlighting the recently discovered slave auction of African Americans from Nigeria, Eritrea, Guinea, Sudan, Somalia, Gambia, Senegal, and the Ivory Coast. The victims of the African Americans slave trade attempt to move out from the poverty and war that invades their homes and have hopes of moving away to Europe into Italy, France, Spain, amongst other countries. Importance Solving the slave auction conflict in Libya is a crucial step that the UNODC has to take in order to prosper as an organization. When neglecting the violation of human rights the office fails what the United Nations advocates, and fails humanity on the long run. Therefore, it is the duty of the UNODC to come up with a reasonable resolution to help out the victims and find consequences to perpetrators.

18 17 History of the Issue Extra-legal armed groups infuse insecurity within the country of Libya. They commit human rights abuses, such as unlawful killings and the trafficking in humans. However, accurate information on these extremist groups is difficult to obtain, in large part due to the removal of diplomatic missions and international organizations. The government of Libya constantly lacks the capacity to address security challenges, considering it struggles to exert control over a significant part of their territory. They fail to address trafficking crimes to their officials, not providing anti-trafficking trainings for them. Libyan law does not prohibit all forms of human trafficking. Articles in the penal code prohibit trafficking of women for the purposes of prostitution, sexual exploitation, slavery, and child sex trafficking; the article does not address forced labor. Currently, the UN has started to take matter in the situation.

19 18 Bloc Positions Libya As mentioned before, Libyan law does not prohibit all forms of human trafficking; no penal code article makes a specific case for forced labor, which is one of the many things that the African American slaves are being forced to do. Sex trafficking offences alone only carry about 10 years of imprisonment, falling behind the 15 year penalty for rape. Slavery offences constitute for 5 to 15 years of imprisonment. Therefore, it would make sense that a law against forced labor would exist in the country of Libya. The criminal judicial system was not functioning in major cities for the year of 2016, which meant that the government did not investigate, prosecute, or convict any trafficking offenders. The law enforcement efforts, responsibility of Ministry of Interior, did little to nothing to to carry out anti-trafficking operations for the reporting period. Hence, the government did not report investigations, prosecutions, or convictions on the government officials ( Libyan Coast Guard officials, immigration officers, and prison guards) allegedly involved in trafficking crimes. The government lacks policies, capacity, and resources to act against any offenders or search out for trafficking victims. Instead, the government punished victims for unlawful acts committed as a subject of trafficking; it treated victims as illegal immigrants and subjected them to severe punishment and deportation.

20 19 According to CNN reports, Libya has started an open investigation into the practice. France France s ambassador to the United Nations urged the Security Council to impose penalty to anybody involved in Libya s slave trade of African refugees and immigrants. Francois Delattre s comment was, France will propose to assist the sanctions committee... in identifying responsible individuals and entities for trafficking through Libyan territory,. France is one of the countries where the African American immigrants are moving into. Therefore, the concern they have on the slave trade of Libya includes the possibility of these slave trades happening inside their territory, too. North and West African countries These include Nigeria, Eritrea, Guinea, Sudan, Somalia, Gambia, Senegal, and Egypt. These countries are the main source of immigrants and refugees locating themselves in the European territory and being deprived of their human rights in Libya. Although the countries briefly mentioned are the source of immigrants, there are transit countries such as Libya, Niger, and Algeria that serve as migrant routes for the refugees on their way to Europe. Libya, at least, started with an open investigation on the matter. The involvement of the United Nations is believed to be the greatest source of help for these countries.

21 20 Sources html html html

22 21 Bibliography