DPSSMUN 2017 TRAFFICKING OF INTERPORTAL WEAPONS AND EXPLOSIVES AND MISUSE OF FIREARMS AND AMMUNITION. UNODC

Transcription

1 DPSSMUN 2017 TRAFFICKING OF INTERPORTAL WEAPONS AND EXPLOSIVES AND MISUSE OF FIREARMS AND AMMUNITION. UNODC 1

2 Dear Delegates, FROM EXECUTIVE DESK Letter from Chair As the chair of UNODC, I take pleasure to serve that entire delegate who has participated in Delhi Public School Surat MUN I believe this journey to be an immense fruitful experience for all the UNODC delegates So as it is important for me to know you as delegates it is equally important for you to know me. I am a commerce student and I love to communicate my thoughts and ideas about the world issues through debate. I have taken part in a lot of debates but I assure you that my best experience was witnessed in DPSSMUN. MUN is not only a medium to enhance your skills but will also do its part in boosting your confidence. I believe that a best delegate is the one who not only researches well but also gives out appropriate solutions. Here MUN is a simulation of United Nations organization and thus, you in that room are not just delegates but diplomats representing countries. This gives you the right to convey and pin point wrong policies. This time the agenda of our committee is very detailed and elaborate in itself. It is one of the major criminal issues and thus, needs to be focused on. Hence, it is really important to research well for such a broad agenda. I would want to advice you that do not fear to put your points forwards during the session. Even though for many of you it is your first time in MUN, you can still do wonders by just putting your views forward. At the end, I would want to say that never stop believing in yourself and feel free to contact me on morkasalina2@gmail.com if you have any query. ALL THE BEST. Sincerely, Alina Morkas Chair, UNODC 2

3 Dear Delegates, Letter from vice-chair It is with great pleasure I stand before you as vice chair of the United Nations Office on Drugs and Crime at Delhi Public School Model United Nations. I very much look forward to work with you along with Alina. Introducing myself, I am Pranjal Jasani, a student of science stream studying in XI-A. I love taking part in co-curricular activities such as MUN and sports, especially Basketball. DPSSMUN is the most awaited event of the year. A good research is the foundation to perform well at the MUN conference. Being confident and fluent would also help you to reach the Best Delegate Award. Our agenda is focusing on one of the most upcoming issues in the world. This issue needs quick solution to bring peace and harmony in the world. I hope the topic set before you prove to be interesting and this topic guide enlightening. We have put a lot of efforts into this guide to make it as useful as possible. However, as with any and every MUN, the research and your work as delegates cannot stop at this guide. I would like to feature a fruitful session with everyone s active participation which may make your experience enriching. If you have any doubts regarding agenda or committee session feel free to contact me on pranjaljasani@gmail.com. ALL THE BEST Thanking you Pranjal Jasani Vice chair, UNODC 3

4 HOW TO RESEARCH EFFECTIVELY An advised pattern of research is as follows: a) Understanding of the UN and the Committee Mandate etc. b) Research on the allotted country, especially with respect to the agenda, past policies or actions taken. c) Understanding the Foreign Policy of the allotted country by studying past actions, their causes and consequences d) Reading the Study Guide e) Researching further upon the Agenda using the footnotes and links given in the guide f) Prepare topics for moderated caucuses and their content g) Assemble proof/evidence for any important piece of information/allegation you are going to use in committee. h) Keep your research updated using news websites given in the Proof section. 4

5 MANDATE The main purpose of the United Nations Convention against Transnational Organized Crime under article1 is to promote cooperation to prevent and combat transnational organized crime more effectively. The Illicit Manufacturing of and Trafficking in Firearms, their parts and components and ammunition is covered by article 1 of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, supplementing the Convention. Accordingly, one of the functions of the Conference of the Parties to the Convention is to promote cooperation and a better understanding of the patterns and trends of transnational organized crime with a view to improve the capacity of States Parties to combat transnational organized crime The need to strengthen international cooperation and the sharing of information to combat such crimes is also repeatedly stressed by the Conference With this in mind, the Conference requested UNODC to conduct a study on the transnational nature of and routes used in trafficking in firearms, based on the analysis of information provided by States on confiscated weapons and ammunition, for consideration by the Conference at its sixth session. At its subsequent session, the Conference reiterated the mandate requesting UNODC to improve methodology, in close consultation with Member States, and to complete the Study in accordance with the given mandate and called upon States to participate in and contribute to the study, as appropriate The Study was developed to enhance global knowledge on trafficking in Firearms, its transnational nature, the routes and modus operandi used and its links to organized and other serious crimes. It is the first effort of its kind involving Member States in the collection and analysis of data on illicit trafficking. UNODC invited all Member States to participate and contribute to it. The Study lays the foundation for further global research on trafficking in firearms 5

6 INTRODUCTION TO UNODC The United Nations Office on Drugs and Crime (UNODC) is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna. It is a member of the United Nations Development Group and was renamed the United Nations Office on Drugs and Crime in UNODC was established to assist the UN in better addressing a coordinated, comprehensive response to the interrelated issues of illicit trafficking in and abuse of drugs, crime prevention and criminal justice, international terrorism, and political corruption. These goals are pursued through three primary functions: research, guidance and support to governments in the adoption and implementation of various crime, drug, terrorism, and corruption-related conventions, treaties and protocols, as well as technical/financial assistance to said governments to face their respective situations and challenges in these fields. These are the main themes that UNODC deals with: Alternative Development, Corruption, Criminal Justice, Prison Reform and Crime Prevention, Drug Prevention, Treatment and Care, HIV and AIDS, Human Trafficking and Migrant Smuggling, Money Laundering, Organized Crime, Piracy, Terrorism Prevention. The office aims long-term to better equip governments to handle drug, crime, terrorism, and corruption-related issues, to maximise knowledge on these issues among governmental institutions and agencies, and also to maximise awareness of said matters in public opinion, globally, nationally and at community level. Approximately 90% of the Office's funding comes from voluntary contributions, mainly from governments. United Nations Conventions and their related Protocols underpin all the operational work of UNODC. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; The Protocol against the Smuggling of Migrants by Land, Sea and Air; and The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. 6

7 INTRODUCTION TO AGENDA: AGENDA: TRAFFICKING OF INTERPORTAL WEAPONS AND EXPLOSIVES AND MISUSE OF FIREARMS AND AMMUNITION. Ø Firearms: Firearm is a portable gun a barrelled weapon that launches one or more projectiles, often driven by the action of an explosive force caused by pressure during the discharge of ammunition. The first primitive firearms originated in 13th-century China when the oneperson-portable fire lance was combined with projectiles. The technology gradually spread through the rest of East Asia, South Asia, the Middle East, and Europe. Older firearms typically used black powder as a propellant, but modern firearms use smokeless powder or other propellants. Most modern firearms (with the notable exception of smoothbore shotguns) have rifled barrels to impart spin to the projectile for improved flight stability. In the early 1990s, two different terms emerged in the United Nations: firearms and small arms. Firearms was predominantly used to describe civilian arms, while small arms was often used in conjunction with light weapons and included military-style weapons and their use in armed conflict. Traditionally, research into the areas of conflict and crime ran in parallel, despite obvious conceptual and practical overlaps between the two. Factual realities in many parts of the world are making it increasingly difficult to distinguish between crime and conflict guns. As a result, firearms and small arms are frequently used as synonyms. Ø Ammunition: Ammunition is the material fired, scattered, dropped or detonated from any weapon. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other weapons that create the effect on a target (e.g., bullets and warheads). Nearly all mechanical weapons require some form of ammunition to operate. The term ammunition can be traced back to the mid-17th century. The word comes from the French la munitions, for the material used for war. Ammunition and munition are often used interchangeably, although munition now usually refers to the actual weapons system with the ammunition required to operate it. In some languages other than English ammunition is still referred to as munition, such as French ("munitions"), German ("Munition") or Italian ("munizione"). Ammunition is defined in the Firearms Protocol as the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in a firearm, provided that those components are themselves subject to authorization in the respective State Party 7

8 Ammunition varies significantly in size, composition, purpose and technical specifications. Most firearm ammunition is cartridge-based and self-contained. A typical round consists of a cartridge case, primer, propellant and projectile. Ø Interportal: It means existing between ports; specifically, carried on between ports of the same country or region. Trafficking of firearms has been going on within many interportal territories of many countries. Why conduct a study of trafficking in firearms? Understanding the scale and nature of trafficking in firearms at the national, regional and global levels is of crucial importance to the international community. Monitoring illicit trafficking flows can help identify patterns and trends. This information can be used by law enforcement agencies and judiciaries to identify and mitigate risks and threats. Likewise, it can contribute to decision-making at policy and operational levels. Regular and comprehensive studies on trafficking in firearms could help to shed light on source/origin countries and the trafficking routes and methods used, as well as to expose those involved in such activities. In order to better understand the illicit flows of firearms that give rise to violence and other forms of crime within their territories, countries need to collect and analyse data on trafficking. One essential step in this direction is to ensure that data on firearms trafficking incidents discovered by national law enforcement agencies are collected and analysed routinely and comprehensively. 8

9 POINTS TO BE DISCUSSED Ø Examining international responses to illicit arms trafficking Concerns about illicit trafficking in small arms and light weapons have moved rapidly up the international agenda since Within about three years a range of international responses to this problem, and to the closely related issue of small arms proliferation, have developed at sub-regional, regional and international level in Africa, Europe and the Americas as well as globally. Ø Global demand for and supply of firearms The most recent research on global distribution of firearms shows that there were approximately 875 million firearms in the world as of Almost three quarters of those were believed to be owned by civilians, with the remainder in the possession of military and law enforcement services. This global market for firearms and ammunition is supplied by mostly formally licensed production in factories, with artisanal or craft production in workshops accounting for a smaller, less well-understood proportion. As outlined later in this Study, the Firearms Protocol in articles 3 and 5 requires State Parties to license or authorize firearms manufacturing and make their unauthorized manufacturing a criminal offence. International trade represents only a proportion of all firearms bought and sold in the world; the rest of demand is met by production and trade entirely within a single country. Several countries have large-scale industries, which primarily produce for domestic clients and are not significantly engaged in exporting Ø Firearms for conflict Demand for illicit weapons is demanded from groups whose objectives are political rather than criminal emerges when a set of militants finds the resources to equip an unauthorized force, or when a state subject to international embargoes attempts to circumvent these controls. Ø Global firearm programme Organized crime manifests itself in many forms and activities, ranging from traditional types of criminal organizations, to transnational criminal networks, with elastic structures and the ability to move quickly, transform and are controlled from multiple locations. The illicit trafficking and misuse of firearms is intrinsically linked to these criminal organizations and networks: as facilitators of violent crimes, as tools to perpetrate power, and as lucrative trafficking commodities, that fuels armed conflicts, crime and insecurity. Oftentimes, different forms of criminality are intertwined, such as human, firearms and drugs trafficking. 9

10 UNODC Global Firearms Programme was created to assist states in building adequate criminal justice systems to effectively respond to the challenges posed by organized criminality specifically related to trafficking in firearms its parts and components. STATE RUSSIAN FEDERATION SWEDEN SOURCE:UNODC Ø Overcoming national challenges to countering illicit firearms trafficking Addressing illicit trafficking in firearms requires concerted international action, but it must start with adequate State-level capabilities. Illicit trafficking is a transnational phenomenon that requires international responses. To help guide State responses, several international and regional instruments on small arms have been adopted, which provide a framework and a common basis for action. Four instruments with global scope two of which legally binding - comprise the international legal regime: The Firearms Protocol, which was adopted by the General Assembly in 2001 and entered into force in The Arms Trade Treaty, which was adopted by the General Assembly on 2 April 2013 and entered into force on 24 December 2014 The Programme of Action on Small Arms, adopted in 2001 by the General Assembly as a non-legally binding document. The International Instrument to Enable States to identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons, which was adopted by the General Assembly in 2005 as a non-legally binding document. Ø Firearm Protocol The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition (Firearms Protocol) is the only legally binding instrument on small arms at the global level. It was adopted by resolution 55/255 of 31 May 2001 at the fifty-fifth session of the General Assembly of the United Nations and it entered into force on 3 July The Firearms Protocol provides for a framework for States to control and regulate licit arms and arms flows, prevent their diversion into the illegal circuit, facilitate the investigation and prosecution of related offences without hampering legitimate transfers. 10

11 Ø Other sub agendas that can be discussed: i. Mandatory prevention applicable to all countries against firearms and explosives ii. Restricting testing of firearms and explosives on human occupied land iii. Emphasizing on licensing the firearms and ammunition iv. Authorizing the production of ammunition and firearms to specific countries v. Restricting the use of firearms for civilians Ø Future of the Study Almost fifteen years after the world agreed upon the Firearms Protocol and the Programme of Action on Small Arms, the international community still lacks sufficient tools to find out what policies to prevent firearms trafficking actually work and where firearms trafficking is worsening or reducing. A data-focused approach, as pioneered by this study, offers the only comprehensive way to assess the efficacy of policies and identify areas to which more attention needs to be directed. Some important work has been undertaken already, but much more needs to be done. In order to produce wider results on transnational trafficking, it is necessary to reduce the wide gaps in the data which currently inhibit coordinated international responses. 11

12 REGIONAL INSTRUMENTS AND DOCUMENTS Africa Ø Treaties Central African Convention for the Control of Small Arms and Light Weapons, Their Ammunition and All Parts and Components That Can Be Used for Their Manufacture, Repair and Assembly Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa Protocol on the Control of Firearms, Ammunition and Other Related Materials in the Southern African Development Community Region America Ø Treaties Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials Inter-American Convention on Transparency in Conventional Weapons Acquisitions Arab State Ø Documents Resolution on Arab coordination for combating the illicit trade in small arms and light weapons Report of the first meeting of Arab national focal Points on small arms and light weapons Resolution on Arab coordination for combating the illicit trade in small arms and light weapons Arab Model Law on Weapons, Ammunitions, Explosives and Hazardous Material Asia and the Pacific Ø Documents Work Programme to Implement the ASEAN Plan of Action to Combat Transnational Crime Towards a common approach to weapons control (the Nadi Framework) 12

13 Europe Ø Instruments European Union Code of Conduct on Arms Exports Joint Action on the EU contribution to combating the destabilising accumulation and spread of small arms and light weapons European Union Plan of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects Stability Pact Regional Implementation Plan for combating the proliferation of Small Arms and Light Weapons in South East Europe EAPC Workshop on Combating Illicit Brokering in Small Arms and Light Weapons 13

14 CLAUSES TO BE USED IN THE RESOLUTION PAPER PRE-AMBULATORY CLAUSES (used to enlist issues) Affirming Alarmed by Approving Bearing in mind Believing Confident Contemplating Convinced Declaring Deeply- concerned Deeply- conscious Deeply- convinced Deeply- disturbed Deeply regretting Desiring Expecting Emphasizing Expressing it s appreciation Fulfilling Fully aware Further deploring Further recalling Guided by Having adopted Having considered Having examined Having received Keeping in mind Noting with deep concern Noting with satisfaction Noting further Observing Reaffirming Realizing Recalling Recognizing Referring Seeking Taking into consideration Taking note Viewing with appreciation Welcoming 14

15 OPERATIVE PHRASES (used to enlist solutions) Accepts Affirms Approves Authorizes Calls Calls upon Condemns Confirms Congratulates Considers Declares accordingly Deplores Designates Draws the attention Emphasizes Encourages Endorses Expresses its appreciation Expresses its hope Further invites Deplores Designates Draws the attention Emphasizes Encourages Endorses Expresses its appreciation Expresses its hope Further invites Further proclaims Further reminds Further recommends Further requests Further resolves Has resolved Notes Proclaims Reaffirms Recommends Regrets Reminds Requests Solemnly affirms Strongly condemns Supports Takes note of Transmits Trusts 15

16 SAMPLE RESOLUTION PAPER Sponsors: United States, Austria and Italy Signatories: Greece, Tajikistan, Japan, Canada, Mali, the Netherlands and Gabon Committee: General Assembly (Third Committee) Topic: Strengthening UN coordination of humanitarian assistance in complex emergencies The General Assembly, Reminding all nations of the celebration of the 50th anniversary of the Universal Declaration of Human Rights, which recognizes the inherent dignity, equality and inalienable rights of all global citizens, [use commas to separate perambulatory clauses] Reaffirming its Resolution 33/1996 of 25 July 1996, which encourages Governments to work with UN bodies aimed at improving the coordination and effectiveness of humanitarian assistance, Noting with satisfaction the past efforts of various relevant UN bodies and nongovernmental organizations, Stressing the fact that the United Nations faces significant financial obstacles and is in need of reform, particularly in the humanitarian realm, 1. Encourages all relevant agencies of the United Nations to collaborate more closely with countries at the grassroots level to enhance the carrying out of relief efforts; 2. Urges member states to comply with the goals of the UN Department of Humanitarian Affairs to streamline efforts of humanitarian aid; 3. Requests that all nations develop rapid deployment forces to better enhance the coordination of relief efforts of humanitarian assistance in complex emergencies; 4. Calls for the development of a United Nations Trust Fund that encourages voluntary donations from the private transnational sector to aid in funding the implementation of rapid deployment forces; 5. Stresses the continuing need for impartial and objective information on the political, economic and social situations and events of all countries; 6. Calls upon states to respond quickly and generously to consolidated appeals for humanitarian assistance, 7. Requests the expansion of preventive actions and assurance of post-conflict assistance through reconstruction and development; and 8. Remains to be ceased in this matter. 16

17 REFERENCE LINKS