Tatiana Vargas Maia LA SALLE MODEL UNITED NATIONS Centro Universitário La Salle

Tatiana Vargas Maia Organizadora

LA SALLE MODEL UNITED NATIONS

New strategies to 21st century challenges

4th edition

Centro Universitário La Salle - Unilasalle Canoas, 2016 CENTRO UNIVERSITÁRIO LA SALLE Reitor Paulo Fossatti Vice-Reitor Cledes Antonio Casagrande Pró-Reitora de Graduação Vera Lúcia Ramirez Pró-Reitor de Administração Renaldo Vieira de Souza

Realização: Editora Unilasalle Capa: Laís Selistre - Marketing Unilasalle Diagramação: Ricardo F. Neujahr

LASMUN – LA SALLE MODEL UNITED NATIONS

New strategies to 21st century challanges

Hand book and Study Guide

LASMUN 2016 Official Schedule Friday, July, 8th, 2016 Saturday, July 9th, 2016 8:00 a.m. Credentials 9:00 a.m. 1st Session 8:30 a.m. 12:00 a.m. Mock Simulation 9:30 a.m. 12:00 p.m. Lunch break 9:30 a.m. 1:30 p.m. 1st Session 12:00 p.m. 1:30 p.m. 2nd Session 12:00 p.m. 3:15 p.m. Lunch break 1:30 p.m. 3:15 p.m. Coffee Break 1:30 p.m. 3:30 p.m. 2nd Session 3:15 p.m. 3:30 p.m. 3rd Session 3:15 p.m. 5:30 p.m. Coffee Break 3:30 p.m. 5:30 p.m. Final voting 3:30 p.m. 6:00 p.m. 3rd Session 5:30 p.m. To be 6:00 p.m. Farewell Party Cocktail confirmed

LASMUN STAFF (COLASMUN)

Secretary-General: Brenda Staehler Antonello Editorial Commite: Isabella Fialho Danieli, Bárbara Manon Rodrigues Munhoz, Bruna Löw Eizerik, Faviana Bourscheidt Setti, Graciane Bertol Pires, Isabella Corbellini, Gabriel da Cunha Alves, Gabriela Gomes Scherer, Natália Ramos Becker, Julia Pedó Riboldi, Julia Santos Oliveira, Thaina Vendruscolo, Brenda Stäehler Antonello. Communication Committee: Miguel Dias, Ernâny Verryck de Oliveira, Caroline Gonçalves and Brenda Stäehler Antonello.

4 SUMÁRIO

Presentation and Acknowledgments ...... 06 Brenda Stäehler Antonello

Foreword …………………………………………………..……………… 08 Tatiana Vargas Maia

GENERAL INFORMATION ON LASMUN ……………………...... 10

GUIDE ON WRITING RESOLUTIONS …………………………...... 25

LIST OF ABBREVIATIONS ……………………………………...... 34

Mygrants and Asylum Seekers in Europe ………………...... 35 Gabriel da Cunha Alves, Gabriela Gomes Scherer, Natália Ramos Becker, Julia Pedó Riboldi, Julia Santos Oliveira, Thaina Vendruscolo, Brenda Stäehler Antonello

North Korea: Threats to International Security ………...... 68 Isabella Fialho Danieli, Bárbara Manon Rodrigues Munhoz, Bruna Löw Eizerik, Faviana Bourscheidt Setti, Graciane Bertol Pires, Isabella Corbellini

5 Presentation and Acknowledgements

The Model United Nations (MUN) is a well-known academic simulation that happens all over the world. Developed by students and for students, the MUN aims to simulate a real discussion among Member States of the United Nations. Divided in committees, all topics are based on current international events, and should be treated seriously. Believing that a MUN is an excellent experience for every International Relations student, and certain of the importance of such event and how much it is possible to learn from it, a group of students decided to organize and make the simulation happen at Unilasalle. In 2013, Unilasalle hosted its first Model United Nations, called La Salle Model United Nations – LASMUN. LASMUN’s main goal was to engage all International Relations students from Unilasalle in this event, as an opportunity to gather our undergraduate course around a unique learning process. LASMUN’s first edition presented a meeting of the United Nations General Assembly, debating the United Nations Security Council reform. All procedures were based on the rules of two of the most re- nowned MUNs in Brazil, AMUN and UFRGSMUN. Given LASMUN’s first edition success, we decided to organize a second LASMUN in May 2014. Many changes were made to the second edition. For the first time, LASMUN was open to other universities and to all undergraduate programs; more students were engaged in the organizing staff, combining final semes- ters and first semester students in order to ensure the project’s continuity; two committees were simulated and a more solid partnership was established with Unilasalle. The United Nations General Assembly (UNGA) has simulated a discussion about international espionage and its implications to individual rights and security issues, and the United Nations Security Council (UNSC) has explored the situation in the then world’s newest country, South Sudan. Since the success of the first two Muns, the third edition wouldn’t be any different. Last year, we had the presence of many students from other universities. This shows that LASMUN has managed to achieve its goal: to become a known MUN regionally. The United Nations General Assembly simulated a discussion on The Post-2015 about the Development agenda and the Security Council discussed The rise of the Islamic State - The Situation in Iraq and in Syria. After many meetings with all volunteer members of LASMUN, this year we decided to reflect about themes that we have strong concerns such as how would it be the world if these issues were resolved.

6 As a result, we elected to the General Assembly the issue of refugees in Eu- rope, receiving the title of Migrants and Asylum Seekers in Europe involving human rights, demonstrating the attitude of each country on either to be sup- portive or not to such sadness. These people lost their homes and their home- lands without knowing when they will return. The truth is that the war is the greatest cause of it. However, acts of xenophobia, death threats, disrespect- full acts with their origin and belief are among the reasons that led these people to migrate looking for better life conditions , facing long journeys, hunger and cold in search of a country that accept and protect them. On the other hand, in the simulation of Security Council we chose to discuss about North Korea: the threat to international security in which has shaken the foundations of many sovereignties because of their nuclear weapons are a threat and a possible start-up to a third world war. As the new Secretary General, I would like to thank immensely Oscar Augus- to Berg (Secretary-General LASMUN 2015) choosing me to replace him and for having placed his trust on me, believing that I could performance such an amazing job as what he did. I hope, from the bottle of my heart), to be able to meet his expectations and make him feel proud of his choice. I would like to thank with extreme gratitude and devotion to our Interna- tional Relations Undergraduate Studies Director Professor Tatiana Vargas Maia, who transmites behond than just knowledge but also humanity my col- leagues and I all believe in that. It is simply amazing. It is good to look at her and see the heroine, Wonder Woman. She is comprehensive, friendly a counselor and above all: a dreams motivater. Thank all of us volunteers of LASMUN 2016 for our engagement in this project and for working so hard to make this happen. I appreciate your dedication and support every time I needed. And at last, but not least, I would like to thank Unilasalle for believing in the ongoing projects of International Relations and the sponsors and supporters who contributed so that everything would have the best possible outcome for you. We hope you like the chosen themes for the LASMUN 2016. Thank you for your confidence in our work that is performed with great fervor and affection.

Brenda Staehler Antonello Secretary-General LASMUN 2016

7 Foreword

It is my great honor to once again write the foreword to La Salle Model United Nation’s Study Guide. As the Director of Undergraduate Studies of the Interna- tional Relations Department at Unilasalle Canoas, I am honored with the opportunity of seeing this project blossom into an extraordinary enterprise that grants to all its participants a singular and enriching opportunity to develop very important interpersonal and professional skills. The fourth edition of LASMUN is proof of the competence and engagement of our undergraduate students with their own education. With simulations of both the General Assembly and the Security Council, with themes such as international migration flows and the situation of North Korea, this year’s LASMUN provides a unique space of discussion for two of the most relevant themes in contemporary International Relations. I hope that all of the participants can seize this moment in order to explore and deepen your knowledge on these subjects, as well as to establish important professional and personal connections that may prove to be very fruitful in your future. I would like to thank all of those who dedicated their time and efforts in order to make LASMUN happen once again, especially those involved in the Orga- nizing Committee, who carried out all of the necessary steps for a complex event like this to happen. I wish you all a very good simulation, and I hope we can all meet again next year!

Tatiana Vargas Maia Director of Undergraduate Studies - International Relations Department at Unilasalle Canoas.

8 PART ONE LASMUN’S HANDBOOK

9 GENERAL INFORMATION ON LASMUN

1. Dress Code and national symbols As at every UN conference, in order to keep the integrity of the event, all delegates at LASMUN are required to observe a western business attire, or national equivalent. For example, men should wear full suit (blazer and dress pants), dress shirt, tie, and dress shoes. Similarly, women should wear a blouse and dress pants or skirt, blazer or sweater. If the representation of your delegation can be enhanced by wearing a formal national dress, you may do so as long as it is carried out with attention to detail and convention, and with maximum of respect. Delegates are allowed to bring and display objects that represent their nation, such as small flags, pictures and memorabilia. Such objects are allowed as long as they are respectful and do not disturb the conference. Alcoholic bev- erages and weapons of any kind are strictly forbidden and may be confiscated by the Chair and returned to the delegate only by the end of the conference. It is within the Chair’s discretion to assess which objects are appropriate to be displayed and which are not.

2. Award Policy LASMUN’s Award Policy consists in one prize for the Best Delegate and two Honorable Mentions per committee. At the end of the Conference, all delegates shall vote for Best Delegate and for two other delegates whom they believe deserve an Honorable Mention. Members of the LASMUN Staff participating in the simulation cannot be voted. The reward for Best Delegate will be a prize and a certificate. The spirit of the prize is not to enhance competition among delegates, but to reward those that have indeed made their best, setting them as examples and encouraging further improved behavior.

3. Parliamentary Language At all times, it is essential that delegates address each other with the maximum of respect. It is conventional and professional to refer to another delegate not

10 as “she” or “he”, but as “fellow delegate” or equivalent courteous terms. Sim- ilarly, when speaking of the views of their country, delegates should not refer to them as being their own, e.g. do not say “my position”, and use instead “my country’s position” or, for instance “France’s position”. The language used during the conferences shall reflect in every way the fact that delegates are representing their countries and that they are trying to politely cooperate with each other.

GENERAL RULES OF PROCEDURE OF LASMUN 1. Scope These rules shall apply to the two committees simulated at the 3rd edition of LASMUN. These General Rules of Procedure shall be considered adopted in advance of the session, and no other rules of procedure will be applicable. These rules were taken from the Handbook of 16th AMUN and UFRGSMUN 2013, and LASMUN’S 2nd edition Handbook.

2. Language The official and working language of the conference is English. Delegates will not be permitted to address the Chair, the staff or the committee in another language. The use of foreign expressions will be permitted if followed immediately by a translation into English or if they are considered to be current in the English language.

3. Delegations Each delegation will be represented by one delegate only.

4. Credentials The name of the member of each delegation shall be submitted to the Secre- tariat prior to the opening of the Conference. All delegations will be assumed to have proper credentials to participate in the Conference.

11 Delegates are all presumed to possess the diplomatic authority necessary to discuss and vote on the main issue being dealt with by the committee. The instructions and powers given to any and all delegates do not allow them to declare war, sign or denounce treaties, impose sanctions, or perform any action not strictly within the purview of the committee, unless so determined by the Chair.

5. General Duties of the Delegates Delegates have the duties of respecting the decisions of the Chair, obtaining the floor before speaking, safeguarding and advocating their country’s interests, acting according to their country’s foreign policy, and acting with diplomatic decorum at all times.

6. General Duties of the Secretariat The Secretary-General is the highest-ranking member of the staff. She may designate a staff member to act in her place during any session of the Confer- ence. Along with the Under-Secretary-Generals, she shall direct all the work of the Conference. The Secretary-General or a member of the staff designated by her as her representative may, at any time, address either oral or written statements concerning any matter to the committees.

7. General Duties of the Chair The committee will be presided over by a Chair, composed of one or two Di- rectors and Assistant-Directors. In addition to exercising the powers which are conferred upon it elsewhere in these rules, the Chair shall declare the opening and closing of each session of the committee, direct its discussions, ensure the observance of these rules, confer the right to speak, and make announcements. It shall rule on Points and Motions without appeal, stipulate the time limit for speakers, and have complete control over and responsibility for the proceedings of the Committee. The Chair may also suggest motions that it deems beneficial for the flow of debate. The Chair representatives have the duty to provide any clarification on general matters concerning the debate, upon the request of delegates or when

12 deemed necessary. Nonetheless, the Chair will not supply country’s positions to delegates under any circumstance, since the research and preparation regarding such issues are under the delegates’ responsibilities. The Chair will treat delegates with due courtesy at all times.

8. Rulings of the Chair The rulings and decisions of the Committee’s Chair are final and not subject to appeal. The members of the Chair are empowered to supersede and interpret the rules as they see fit in order to guarantee the fruitful progression of the committee’s labor.

9. Plagiarism Plagiarism is understood within the scope of these rules as the unacknowl- edged use of another individual’s words or ideas. When writing position papers, working papers, draft resolutions and during all their participation in the conference, delegates are not allowed to make use of fragments of already existent documents without proper reference. A participant caught plagiariz- ing any written work will be dealt with accordingly. Punishment may entail disqualification for awards, denied voting and/or speaking rights and possible exclusion from the conference. Applicable legal measures will be taken at the discretion of the conference’s organization alone.

RULES GOVERNING DEBATE Throughout these rules, a “simple majority” will be understood to be one half of the possible votes plus one, rounded down, whereas a “two-third majority” shall consist of two thirds of the possible votes, rounded up. For example, the simple majority of five is three, and the two-third majority of ten is seven.

PROCEDURAL MATTERS 10. Quorum The Chair may declare a session open and permit debate to proceed when at

13 least one third (rounded up) of registered delegations are present. The presence of a simple majority of registered delegations shall be required for any substantive vote to be taken. The Chair shall proceed with a Roll Call at the beginning of each session in order to recognize the presence of the delegates. The Chair shall inform the delegates of the Quorum whenever required.

11. Speakers List The Committee shall have at all times an open General Speakers List, which shall be drawn up at the beginning of the debate on it. This General Speakers List will be followed during all the debate, except when superseded by Pro- cedural Motions or by the Introduction of Amendments, which are discussed on a Special Speakers List. One may add a delegation’s name to the Speakers List by raising its placard, provided that the delegation’s name is not already on the list. The delegations’ names will appear according to the order in which they indicate their desire to speak.

12. Speeches No delegates may address the Committee without previously obtaining the permission of the Chair. The Chair shall call upon speakers in the order they signify their desire to speak. The speaking time shall be stipulated by the Chair in advance, though it may consult the committee before deciding on the matter. When a delegate has ten seconds of speaking time left, the Chair will make a discreet signal. When the allotted time has expired, the Chair will call the delegate to order.

13. Yields At the conclusion of the speech, delegates may yield their remaining speaking time to the Chair, to another delegate, or for questions. When delegates do not yield their remaining time, it is understood that it has been yielded to the Chair. A delegate who has been yielded time may not yield that time again to a third delegate or for questions. If delegates yield their time for questions, the time taken to answer them, but not the time taken to ask them, shall be discounted from remaining time. Once a speaker has yielded his/her time

14 for questions, delegates will indicate their desire to speak, and the Chair will recognize them at its discretion. When recognized, the delegate may ask the speaker a single, straightforward question related to his/her speech, having no more than 30 seconds to do so. If there are no questions, the time will be automatically yielded to the chair.

14. Right of Reply There is no right of reply. Real or perceived offenses or untruths should be dealt with in the course of normal debate.

15. Working Papers Working Papers are informal documents that aid the Committee in its discussions on substantive matters. Delegates may propose Working Papers for consideration by the Committee at any time during the Conference. They need not to be written in a specific format, but must be approved by the Chair to be distributed for and to be mentioned in the Committee. There is no need for sponsors of Working Papers.

16. Points There are three types of Points by which a delegate may address the Chair directly. Should delegates wish to consult the Chair on a matter not covered by any of these three points, they should do it so privately, with the understanding that the Chair will inform the whole committee of the matter if it is deemed to be a general interest.

16.1. Point of Personal Privilege At any moment during the debate, delegates may raise a Point of Per- sonal Privilege to indicate that they are experiencing extreme personal physical discomfort or being prevented from properly following the discussion. The Chair will attempt to rectify the situation. This point may interrupt a speech if necessary.

15 16.2. Point of Order Delegates may raise a Point of Order if they feel that the Rules of Pro- cedure are not being properly followed by the Chair. The Point must de directly related to the rules, and cannot interrupt a speech. The members of the Chair will rule the Point in or out of order as they see fit.

16.3. Point of Inquiry Delegates may raise a Point of Inquiry when they have a doubt regarding the Rules of Procedure or the flow of debate. This Point cannot interrupt a speech.

17. Caucuses 17.1. Motion for Unmoderated Caucus An Unmoderated Caucus causes the Chair to suspend formal debate so that delegates can discuss without the interference, facilitating substantive discussion by relaxing the structure of debate imposed by the regular procedures. Delegates may move for an Unmoderated Caucus whenever the floor is open. The delegate must state a reason and a time limit for the Caucus. The time requested for the Caucus shall not exceed 15 minutes, although the Chair may grant extensions at its discretions. The Motion shall be put to a vote if there are no Points or Motions that take precedence on the floor, and requires a simple majority to pass.

17.2. Motion for Moderated Caucus The purpose of the Moderated Caucus is to make the debate more flex- ible. During the Caucus, the Speakers List is set aside and the debate is conducted directly by the Chair. Delegates wishing to speak during the Moderated Caucus may raise their placards, and will be recognized by the Chair at its discretion. Delegates may move for a Moderated Caucus whenever the floor is open. Yields and Motions are out of order during Moderated Caucus. The delegate must state a reason, a speaking time, and a time limit for the Caucus. The time requested for the Caucus shall not exceed 15 min-

16 utes, although the Chair may grant extensions at its discretion. The Mo- tion shall be put to a vote if there are no other Points or Motions that take precedence on the floor, and requires a simple majority to pass.

18. Motion for Adjournment of the Session During discussion of any matter, a delegate may move for the Adjournment of the Session. Such a motion shall not be debated, and shall be put to a vote if there are no other Points that take precedence to it on the floor, requiring a two-third majority to for approval. After the session is adjourned, the Commit- tee shall reconvene at its next regularly schedule session time. As with all motions, the Chair may rule a Motion for Adjournment of the Session out of order.

Special Rules of Procedure UNITED NATIONS SECUTIRY COUNCIL 19. Credentials Delegates have to hand over their credentials at the beginning of the first session. These credentials are sent to the delegates by their respective country’s Ministry of Foreign Affairs in advance. In the case of not having received the Credentials delegates must contact the Secretariat. Delegates are encouraged to write letters to their governments to obtain authorization to undertake actions beyond those listed in the credentials section of the General Rules of Procedure or request needed information.

20. Conduct during voting on a Draft Resolution The Secretary-General shall immediately bring to the attention of all representatives on the Security Council all communications from States, organs of the United Nations, or concerns regarding any matter that requires consideration of the Security Council in accordance with the provisions of the Charter. The Secretary-General may designate members from Secretariat to attend any council’s meetings. The selected members from the Secretariat must provide logistical and technical support to the Security Council’s discussions, enter-

17 taining the Council with any formal or informal documents specifically sent to the Council or addressing any matters under its consideration. Draft-commu- niqués reporting on behalf of the Council may also be sent to its appreciation, whenever the Secretariat finds it.

SUBSTANTIVE MATTERS 21. Voting Majorities Decisions of the Security Council on procedural matters shall be made by a simple majority of nine members. Decisions of the Security Council on substantive matters shall be made by an affirmative vote of nine members with no negative votes on the part of the permanent members; provided that, in decisions under Chapter VI on the UN Charter and under paragraph 3 of Arti- cle 52, a party to a dispute shall abstain from voting. The matters hereby considered as substantive are the approval of Amend- ments to the Draft Resolution, the approval of Draft Resolutions and approval of clauses/parts in a division of the question.

22. Motion for Introduction of Draft Resolution Delegates may move for the Introduction of a Draft Revolution once it has been approved by the Chair and distributed to the Committee. This motion does not require a vote to pass; once accepted by the Chair it is automatically approved. The Chair will then grant the floor to one of the signatories of the Draft Resolution for the time required for him/her to read its operative clauses. After the Draft Resolution is read, the Chair asks for questions, which shall be limited to grammar or technical matters on the document and may not pertain to the substance of the Draft Resolution.

23. Form of Debate Unless otherwise stated, all sessions of the Security Council are presumed to be closed. Closed sessions are secret and information on the proceedings is entrusted to the discretion of the participants. Closed Sessions follow the format of a Moderated Caucus at all times, except when Motions are raised.

18 The agenda and scheduled sessions will be presented by the Secretariat to the delegates prior to the conference. Besides the three Points described in the General Rules of Procedure, the following Motions will be allowed (according to the order of precedence): Motion for Adjournment of the Session, Motion for Consultation (which func- tions in the same way as a Motion for an Unmoderated Caucus, having its same effects), Motion for Closure of Debate, Motion for Introduction of Draft Resolutions, Motion for Introduction of an Amendment, Motion for Division of the Question, Motion for Roll Call Voting, and Motion to Issue a President Statement. After the Motion for Closure of Debate on a specific Draft Resolution has been approved, the only Motion in order is for the Division of the Question. Before proceeding with the voting of the Draft Resolution, the President must declare the session open, after which the voting procedure will automatically take place, all statements being duly recorded and made available to the general public. After the voting procedure, open sessions follow a Speakers List as the one established under the General Rules of Procedure. During open sessions, only Motions for adjournment of the Session and Motions for a Closed Session will be considered in order. During Open Sessions, voting procedures on substantive matters will be done on the basis of Roll Call Voting. Both in Closed or Open Sessions, substantive matters require a simple majority to pass and delegates must demonstrate their intentions by raising their placard at the President’s request, abstentions are not allowed. A Motion for a Closed Session is a procedural matter, and will immediately be put to a vote (without the need of hearing speeches in favor and against). If the Motion passes, the session will be immediately closed to the public, statements will no longer be recorded and all individuals who do not belong to the Secretariat or the Council delegations will be asked to leave the room. If a Draft Resolution fails, a Motion for a Closed Session will take precedence over other Motions.

24. Participation in Council Deliberations Should any member of the Council wish to invite an individual or representative of an organization or government to participate (without entitlement-

19 to vote on substantive matters) in the deliberations of the Council, he or she should submit a written request to the President of the Council. The President will ask if any Council member objects to the invitation. There being no objection, the invitation will be issued.

25. Letter to the Secretary-General Should any member of the Council wish to issue a letter addressed directly to the Secretary-General, or intended to be transmitted to an organization or government relevant to the deliberations of the Council, he or she should submit the proposed letter and a request in writing to the President of the Council. The President will ask if any Council member objects to the letter. There being no objection, the letter will be issued.

26. Speakers List The General Speakers List will only be established once the debate has been closed and the session has been (automatically) opened. Delegates will be allowed to add their names to the Speakers List after the conclusion of the voting procedures and may do only so once. This speech will be the occasion to state voting.

27. Presidency The presidency of the Security Council shall be held in turn by the delegations that wish to do so. Each President shall be hold office for the length of one session. Lots will be drawn in the first session among delegations willing to hold the presidency. Whenever the president of the session is seen to be fulfilling its responsibilities in a manner unsatisfactory to the members of the UNSC and the Secretariat, a change in the presidency is in order. It requires an informal written request signed by at least three members, one of which must be a permanent member of the Council. This change will be put to a vote if the Secretariat deems appropriate and requires a simple majority to pass. If the vote passes, the presidency devolves for the rest of the session on the delegations scheduled to preside the next session. Should this occur, the plan would remain unchanged for the following sessions. Some delegations may

20 be called upon to preside over multiple sessions. The President shall preside over the meetings of the Security Council and, under the authority of the Security Council, shall represent it in its capacity as an organ of the United Nations.

28. Presidential Statements Any delegate may move to Issue a UNSC Presidential Statement, which is a UN official document meant to inform the public on some of the deliberations of the UNSC. If the Motion is ruled to be in order, the delegate will read the proposed text for the statement, and the president will ask if any Council member objects to it. There being no objection, the statement is considered to be issued and released to the public.

29. Draft Resolutions and Amendments In Closed Sessions, more than one Draft Resolution and Amendments may be on the floor at the same time. All the Draft Resolutions and Amendments shall be discussed simultaneously, yet the Council may approve only one resolution per topic. Before being introduced for debate, all Draft Resolutions and Amendments require the approval of the Secretariat. Draft Resolutions require five signatures and Amendments require three signatures to be introduced. Once a Draft Resolution or an Amendment has been introduced, it can be withdrawn only if all signatories remove their signatures. Friendly Amendments are allowed. Before voting an Amendment, delegates can move for Roll Call Voting. Draft Resolutions are voted in open sessions, therefore the Roll Call Voting is automatically in order.

SUBSTANTIVE MATTERS 30. Draft Resolutions Before being introduced for debate, all Draft Resolutions require the approval

21 of the Chair. All Draft Resolutions also require 5 signatures to be introduced and a simple majority to pass. Signing a Draft Resolution does not necessarily indicate that a delegation support its ideas, but only that it desires to have the Draft Resolution discussed. A signatory of a Draft Resolution is not required to vote in favor of it. The Draft Resolution needs its signatories’ support to continue on the floor. In the event of all signatories withdrawing their signatures, debate on the Draft Resolution is ceased. Other delegations may add their signatures to the Draft Resolution in the course of the debate. In general debate on a topic, there may be more than one Draft Resolution on the floor at the same time. All the Draft Resolutions shall be discussed simultaneously on the General Speakers List. Only one Draft Resolution may be approved by the Committee. A Draft Resolution will remain on the floor until debate on that specific Draft Resolution is closed or another Draft Resolution on the topic passes. There will be no time limit to debate on one topic.

31. Motion for Introduction of Draft Resolution Delegates may move for the Introduction of a Draft Revolution once it has been approved by the Chair and distributed to the Committee. This motion does not require a vote to pass; once accepted by the Chair it is automatically approved. The Chair will then grant the floor to one of the signatories of the Draft Resolution for the time required for him/her to read its operative clauses. After the Draft Resolution is read, the Chair asks for questions, which shall be limited to grammar or technical matters on the document and may not pertain to the substance of the Draft Resolution.

32. Motion for Introduction of an Amendment Delegates may amend any Draft Resolution that is on the floor. Amendments may add, subtract, or modify parts of the Draft Resolution. An Amendment requires the approval of the Chair and the signatures of three members of the Committee. Signing an Amendment does not constitute or require a vote in favor of it.

22 After a Motion for the Introduction of an Amendment is approved by the Chair, debate on the General Speakers List shall be suspended and a Special Speakers List shall be established for and against the specific Amendment. A Motion for Closure of the Special Speakers List or a Motion to Close Debate on the Amendment will be in order after the Committee has heard at least two speakers in favor of the Amendment and two speakers against, when available. When debate is closed on the Amendment, the Committee shall proceed to an immediate vote, which may be a Roll Call Vote if so moved. Following the voting procedure, debate according to the General Speakers List shall resume. Once an Amendment is approved, it becomes part of the Draft Resolution, which means that it is no longer considered an Amendment.

33. Friendly Amendment When all the current signatories of a Draft Resolution on the floor agree to modify any part of its operative clauses, they may do so through a Friendly Amendment, which has the same effects of a regular Amendment. A Friendly Amendment must be presented on a written format to the Chair for its approval. After approving it, the Chair will ask if all the signatories of the Draft Resolution support the Friendly Amendment and, if they do so, it will automatically become part of the Draft Resolution. In case any signatory is absent or does not agree on the Friendly Amendment, it will be discarded. Yet, it may be presented again as a regular Amendment.

RULES GOVERNING VOTING Each country shall have one vote. Observer countries shall be able to vote on procedural matters only. Voting on procedural matters shall be done by a show of placards. Each delegate may vote only in favor and against the Motion proposed; abstentions are not allowed. Voting on Draft Resolutions and Amendments shall be done by a show of placards, except in the event of a Roll Call Voting procedure being requested. Each delegate may vote in favor, against, or abstain from voting. The Draft Resolutions and the Amendment require a simple majority of all votes to pass.

23 34. Conduct during voting on a Draft Resolution After the Chair has announced the beginning of voting procedures no Mo- tions will be in order, except for the Division of the Question and Roll Call Vot- ing. During voting procedures the chamber will be sealed, and no delegates will be allowed to enter or leave the room.

35. Motion for Division of the Question After debate has been closed and the Chair has started the voting procedures on a Draft Resolution, a delegate may move for the Operative Clauses of the Draft Resolution to be voted on separately. Perambulatory and Sub-operative Clauses may not be divided this way. If a delegate moves for a Division of the Question, the Chair shall recognize two speakers in favor and two speakers against the Motion if available. A simple majority is needed for the Motion to pass (this is a procedural vote, with no abstentions allowed). If it does pass, a five-minute Unmoderated Caucus will be automatically granted to the Committee so that delegates can discuss, prepare, and present to the Chair, in written format, their proposals to divide the question. The Committee will hear two speakers in favor and two speakers against every proposal of division before voting it until one is approved. No abstentions are allowed in these votes, as they are procedural matters. If no proposals are approved by simple majority, the Draft Resolution shall be voted as a whole. When one of the proposals is approved, a separate vote shall be taken on each divided part to determine whether it shall be included in the Draft Resolution to be voted later on. For the Operative Clauses to remain in the Draft Resolution, a simple majority of the votes is required. The substantive nature of this vote means abstentions are permitted.

36. Motion for Roll Call Voting After debate has been closed on a Draft Resolution or Amendment, a delegate may move for a Roll Call Vote. In a Roll Call Vote, the Chair will recognize, in alphabetical order each voting delegate, who must state his/her vote. Dele- gates may vote in favor, against or abstain. Once recognized by the Chair, the

24 motion for a Roll Call Voting is automatically approved and does not require a vote to pass. During a Roll Call Vote, delegates may choose to pass their turn of voting and wait for another roll call round to state their actual vote. However, delegates who pass their vote are not allowed to abstain from voting. More- over, delegates are allowed to pass only once.

GUIDE ON WRITING RESOLUTIONS 1. Draft Resolutions The United Nations does not pass “laws”, it passes Resolutions. A Resolution is a way of bringing pressure upon Member States, of expressing an opinion on a pressing matter, or recommending some action to be taken by the UN or other agency. Draft Resolutions should not be introduced into formal session until they have circulated among other delegates to incorporate different perspectives and to build support. It is desirable for a Draft Resolution to be sponsored by several States or by an entire bloc. Delegates should not bring pre-written Resolutions to the Conference. Pre-written Resolutions are not only frowned upon by the Secretariat, but will inevitably alienate the other delegates in the committee. The process of writing Resolutions in committee with other delegates is designed to teach delegates the subtler forms of negotiations and concessions. Prefabricated Resolutions obviously pre-empt this process. When drafting and sponsoring a resolution, keep in mind that the wording will greatly influence its appeal. The Resolution should be clear, concise and specific. The substance should be well researched, and reflect the character and interests of the sponsorship nations. Being a signatory to a Resolution only means that delegates want to see it put on the floor; it does not indicate sponsorship or support and the signatory has no further obligations. For instance, you might be against a Draft Resolution but might want to see it debated to be able to convince other countries who have written the Draft Document.

2. Drafting a Resolution UN Resolutions follow a common format. A resolution in one long sentence,

25 with commas and semi-colons used to separate the ideas and a period at the very end of the document. They should be single-spaced, with each line numbered in the left-hand margin. Resolutions consist of three main parts:

2.1. The Heading

The heading of the Draft Resolution should read as follows: COMMITTEE: the name of the organ where it was introduced; SUBJECT: the topic of the resolution; SPONSORED BY: list of sponsoring nations.

A document number will be given to the resolution as parto f the heading and it will be referred to by its number for the remainder of the simulation.

2.2. The Perambulatory Causes Within the preamble of a Resolution, one will not find clauses propos- ing action or making substantiv statements. The preambulatory causes explain the purpose of the resolution and state the main reasons for the suggestions to follow. This is where previous UM Resolutions are referred to and relevant precedentes of international law are cited. The preamble may also include altruistic appeals to the common sense or humanitarian instincts of Members States with reference to the Charter, the Universal Declaration of Human Rights, tec. Each clause beings with an italicized participle and is followed by a comma after the sentence.

Affirming Emphasizing Keeping in mind Alarmed by Expecting Noting with regret Appoving Fulfilling Noting with Aware of Fully aware satisfaction Believing Fully alarmed Noting with deep Bearing in mind Fully believing concern Confident Further deploring Noting with

26 Convinced Guided by approval Declaring Having adopted Observing Deeply concerned Having considered Realizing Deeply convinced Having examined Reaffirming Deeply disturbed Having studied Recognizing Deeply regretting Having heard Recalling Desiring Having received Welcoming

2.3. The Operative Clauses The operative clauses list the recommendations for action, or state a favorable or unfavorable opinion regarding the existing situation. These actions can be as vague as a denuciation of a certain situation or a call for negotiations, or specific as a call for a ceasefire or monetary commitment for a particular Project. Remember that only Security Council Resolutions are binding on Member States, the General Assembly and the Economic and Social Council can only make recommendations. Operative clauses begin with na active, presente tense verb and are followed by a semicolon in the end of the sentence. The first word in each operative clause is italicized. Operative clauses are numbered, beginning with “1”. The follow words are a partial listo f appropriate terms for initiative operative clauses:

Accepts Designates Notes Approves Emphasizes Proclaims Authorizes Encourages Reaffirms Calls Endorses Recommends Calls upon Expresses its Reminds Commands appreciation Regrets Condemns Expresses its hope Requests Congratulates Further invites Reiterates Confirms Further proclaims Solemnly affirms

27 Considers Further reminds Decides Further Declares recommends Accordingly Further resolves Demands Further requests Deplores Further urges Draws the attention Has resolved

3. Sample Draft Resolution Draft Resolution #1 We, as General Assembly, aprove the following reforms in the actual structure of the United Nations: 1. The Amendment of article 23 and 27 of the UN Charter, to change its actual redactions to the following:

Article 23 1. The Security Council shall consist of nineteen Members of the United Nations. 2. The People’s Republic of China, the French Republic, the Rus- sian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America Shall be permanent member of the Security Council. 3. The non-permanent members of the Security Council will be in the number of twelve, elected by the General Assembly, with a mandate of two years each, acknowledging the possi- bility of one consecutive re-election,due regard being special- ly paid, in the first instance to the contribution of members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, with the following regional seats division:

28 a) 3 for African States; b) 3 for Asian States; c) 2 for Eastern European States; d) 2 for Latin America and the Caribbean; e) 1 for Western European States; f) 1 for Oceania and North America. 4. Each member of the Security Council shall have one representative. Article 27 1. Each member of the Security Council shall have one vote. 2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of ten members. 3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of ten members including the con- curring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

2. The Amendment of Article 52, with the inclusion of items and the reform in Article 53, items 2 and 2, of the UN Charter to change its actual redactions to the following: Article 52 (…) 5. The Regional Arrangements and Agencies shall have special and directs channels of communication with all organs of UN system, mainly the Security Council, in order to achieve a better cooperation between them. Article 53 1. The Regional Arrangements or agencies are the first option of approach of the Security Council for enforcement actions in regard to peace and securities breaches within their scope of action. But no military enforcement action shall be taken under regional

29 arrangements or by regional agencies without the prior authorization of the Security Council. 2. The Regional Arrangements or agencies, when necessary because of grave situations of conflict and humanitarian crisis, can call for Emergency meetings of the Security Council, to take place in no more than 24 hours after the communication, to address the situation and mainly, to authorize special military provisional measures by the Regional Arrangements or agencies.

3. The Amendment of Article 62 of the UN Charter, with the reform of items 2 and 3, to change its actual redactions as following: Article 62 (…) 2. The Economic and Social Council shall work as the princi- pal high-level plenary for coordination between international financial institutions, civil society, member-states and the other UN development agencies in order to produce policy review, policy dialogue, and the formulation of recommendations on issues of economic and social development. 4. Economic and Social Council action should not undermine the continuity and coordination of international economic and development agencies in implementing the UN economic and development agendas in a comprehensive, coordinated and balanced manner.

4. The removal of Article 107 of the UN Charter. Signature: Germany, Belgium, China, France, Libya, South America, Japan, Morocco. Draft Resolution #2 United Nations General Assembly: Special Political and Decolonization Com- mittee The Protection of Human Rights while Combating Terrorism Sponsored by: the United Kingdom, Morocco, Spain and the Russian Federa-

30 tion The General Assembly, Reaffirming its resolution A.RES.61/171 (2006) of 19 December 2006 and A. RES.59/191 (2004) of 20 December 2004, as well as Security Council resolution S.RES.1757 (2007), Additionally reaffirming that acts of international terrorism constitute a threat to international peace and security as well as an impediment to stable growth in Least Developed Countries (LDCs), Recognizing the need to combat, by all means in accordance with the United Nations Charter, threats to international peace and security caused by international terrorism, Deeply concerned that the international increase in acts of terrorism, especially those motivated by intolerance or extremism, will result in an increase of retaliatory violence that will claim the lives of many who are innocent of any kind of terrorism, Guided by the principle established by the General Assembly in its declaration of October 1970 (resolution 2625 (XXV)) and reiterated by the Security Coun- cil in its resolution 1189 (1998) of 13 August 1998, namely that every State has the duty to refrain from organizing, instigating, assisting or participating in terrorist acts in another State or acquiescing to organized activities within its territory directed towards the commission of such acts. 1. Urges all States to enforce existing resolutions and agreements, to the best of their abilities, including those designed to: (a) Prevent terrorism acts through: (i) The suppression of monetary funds used for international terrorism; (ii) The utilization of education to combat intolerance and extremism; (iii) The prevention of the proliferation of small arms and explosives or components used for creation of small arms and explosives; (b) Criminalize the willful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorists acts; 2. Further urges all States to refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts,

31 to suppress recruitment of new members to terrorists groups, and to eliminate the supply of weapons to terrorists; 3. Requests that States take the necessary steps to prevent the loss of innocent life while combating international terrorism; 4. Additionally requests that all States make an effort to help those who have been injured or displaced as a result of combating international terrorism or because of a terrorist attack; 5. Additionally urges all States to ensure that any person who partici- pates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorists acts; 6. Rewinds all States of their responsibility under the United Nations Charter to comply with relevant United Nations resolutions on this matter.

32 PART TWO

LASMUN’s Study Guide

33 LIST OF ABBREVIATIONS

ANWFZ - African Treaty for Nuclear Weapon Free Zone CIA - Central Intelligence Agency CONARE - National Committee for Refugees (Brazil) CPVF- Chinese People’s Volunteer Force DPRK - Democratic People’s Republic of Korea ECDPC - European Centre for Disease Prevention and Control EEA - European Economic Area GCC - Gulf Cooperation Council ICBM - Intercontinental Ballistic Missile IDPs - Internally Displaced Persons IOM - International Organization for Migration ISIS - Islamic State in Iraq and al-Sham NPT- Treaty on Non-Proliferation of Nuclear Weapons ODA - Official Development Assistance OECD - Organisation for Economic Co-operation and Development SEM - State Secretariat for Migration THAAD - Terminal High Altitude Area Defense UNC - UN Contingent UNHCR - United Nations High Commissioner for Refugees UNTCOK - UN Temporary Commission on Korea that was succeed by the UN- COK VPR - Vulnerable Persons Resettlement Programme

34 United Nations General Assembly Mygrants and Asylum Seekers in Europe Gabriel da Cunha Alves Gabriela Gomes Scherer Natália Ramos Becker Julia Pedó Riboldi Julia Santos Oliveira Thaina Vendruscolo Brenda Stäehler Antonello

1. Historical Context Since the beginning of the conflicts in the Middle East, specifically the civil conflict in Syria, Europe has become a refuge for thousands of people seeking shelter, security and a dignified life. Seeking for its own survival and for those under their protection, these people are able to cross the seas and deserts to finally find the peace that both crave. But before reaching this goal, they need to go a long way, often highly risky, which can cost their lives. To understand the dynamics about the refugee crisis in contemporary Europe, it is necessary to contextualize the social reality of refugees and their countries of origin. In 20111, began in Syria a civil conflict that marked and still mark deeply the country. Amid demonstrations against the dictatorial government of Bashar al-Assad, the country’s internal politics was completely shaken and its institutions collapsed. The population armed themselves and rebelled against police oppression. In these four years of conflict, it is estimated that over 250,000 people lost their lives and another 11 million were somehow forced to leave their homes2. Hunger, fear and oppression were one of the Source: BBC reasons that most of the Syrians left their country in search of shelter (it is estimated that about 400,000 Syrians immigrated to Europe from the beginning of the civil war).

1 Armed conflict in Syria began in March 2011 by The Arab Spring, after the death of young people who had made revolutionary paintings against the goverment on the wall of a school; the initial protest, three people were killed and hundreds were injured in the south of the country, in the city of Daara. 2 Available in 2: http://www.bbc.com/news/world-middle-east-26116868 Accessed on: April 25, 2016.

35 The Middle East crisis intensified with the Arab Spring, which has been a wave of protests and conflicts against the totalitarian governments of the region and evolved into an armed conflict between the government and the population, which consequently affected the lives of thousands of people in the region. The beginning of the Arab Spring was in Tunisia, with the overthrow of dictator Zine El Abidini Ben Ali, after a boy seller set himself on fire in protest against his own situation and country. Subsequently, there was a great popular movement for the overthrow of the dictator who remained in power for 24 years. People took to the streets and mobilized through social networks, and the entire Middle East, a clamour for better days was transmitted from society to society. In Libya, after more than 40 years in power, Muammar Gaddafi was deposed by one of the bloodiest conflicts of the Arab Spring, which was also known as Libyan Revolution. In the political context of the country, society suffered for decades by un freedom, press censorship and political persecution. Other countries were not out of rebellion and social events, as well as suffer today with conflicts and the difficulty of reorganizing the political structure and the stabilization of de- mocracy. Countries such as Egypt, Algeria, Bahrain, Yemen, Jordan and others. With the passing of the last few years, the Middle East found itself plunged into a major political crisis, and as a result of all conflicts, the population was directly affected by the lack of structure and safety. Many governments have been toppled and almost none have been put in place properly and satisfac- torily. Thus, there was vulnerability and lack of basic care for all those affected. Following such attacks, extremist movements took advantage of vulnerability of the government and the people to take power and control over the region. This situation is especially relevant in the case of the Islamic State, the radical group proclaimed a caliphate between the territory of Syria and Iraq. Reject- ing extreme form any external influence, ISIS (as it is known in the international arena) declares war on anyone, even to his countrymen. For this reason, thousands of people have fled the atrocities committed by the group, which took over much of the Syrian territory. In this way, the Middle East found himself immersed in a great crisis, which resulted in the migration of its citizens to countries that could provide him shelter. Thus, the ambitiously, many ended up tracing their destinations for refuge in Europe.

36 2. Journey of refugees to Europe Since the beginning of the great migration to Europe, major economic powers have become refuge destinations. Many of these countries have a number of social and political benefits, or some improvement in relation to the refugees’ countries of origin3. The goal of a better life, the refugees end up choosing destinations that can somehow meet their basic needs. Germany, for example, received in 2015 about 480,000 asylum applications. However, officials say more than one million refugees in Germany are living without granting political asylum. Europe reached, in 2015, about 1 million and 300 000 asylum applications4 .

According to the In- ternational Organiza- tion of Migrants, about 180,000 migrants and refugees arrived in Europe by the ocean only in 2016. Many went to Italy, Greece, Cyprus and Spain. Around a thousand people died on the way. In 2014, Greece was refuge for 34,000 people. In 2015, that number jumped to almost 850,000. Accord- Source: BBC ing to estimates of the International Organization of Migrants, about 25,000 people arrived in Italy between January and April 2016, and over the period of time, 1130 migrants were rescued at sea. Since 2000, refugees and migrants spend about 13 billion euros to enter

3 Refugees organize migration through social networks, but the composition of their networks and the effects of migration on social identity differ. In a host society, both populations adapt with household economic strategies that secure multiple income sources, although the state plays a greater role in the adaptation of refugees. […] Refugees also use kin and friendship networks to navigate their passage to a host society just as immigrants do. (HEIN, Jeremy. 1993) 4 Available in: www.bbc.com/new/world-europe-34121911 Accessed on: 25 April 2016

37 Europe5. According to publication of Migrants Files (2015), the value that a migrant paid to a smuggler is determined by the history that defined land route has, whether it was or not “detected” by the European Union Agency, for example, which coordinates the borders of the region6. Also according to the publication, a route between Egypt and Italy by boat in 2016, costs about 3500 euros. The arrival, however, is never guaranteed. 3770 migrants died in the crossing of the Mediterranean Sea in 2015. The vast majority died in northern route from Africa to southern Italy and Turkey to Greece. As the International Migrants Organization report, about one million refugees reached the European continent in 2015 by smugglers7, and 20% of them were children. Most of these children were unaccompanied. About 1,800 of them came from Egypt. Further according to the report, 30 percent of deaths in crossing the Aegean Sea in 2015 were children8. On April 20, 2016, a boat with about 500 people sank down in a region between Libya and Italy. Among all the dead of the tragedy, which can be considered the largest in the last twelve months, 41 survivors were rescued by a ship striking the peninsula of Greece. Routes by the Mediterranean Sea are analyzed and chosen according to numerous factors, such as the border crossing points which are controlled, ease of passage to Europe, the regularization at some point along the route, [...], the risks involved, and the duration of the trip and the cost of travel9. According to FRONTEX, one of the major routes of entry for migrants in the EU is through international airports: the majority of those currently residing illegally in the EU, originally came into possession of valid travel documents 5 Some estimates up to 16 billion euros. So it is very difficult to establish an exact value. First, there is no way of knowing the exact number of refugees per trip, whether it is done by land or air, if the refugees move from elsewhere in Europe and etc. (TMF Money Trails: Methodology August 2015.). 6 Smugglers use land, sea and air routes, and often abuse legal migration and mobility channels. The facilitation of movement from the entry point in the EU to the EU country of final destination is a core business for organized criminal groups involved in migrant smuggling. (European Comission: Migration and Home Affairs) 7 According to statistical data of FRONTEX (European Union Agency) in 2015, 885,000 refugees arrived in Europe from the east of the Mediterranean Sea. Many of them arrived in the Greek islands. Many were from Syria, Afghanistan and Somalia. 8 Egyptian Unaccompanied Migrant Children: A case study on irregular migration. International Organization of Migration. Available in :www.publication.iom.int/books/Egyptian-unaccompanied-migrant-children-case-study-on-irregular-migration Accessed on: 26 April 2016 9 Migration Trends Across the Mediterranean: connecting the dots IOM Regional Office, June 2015

38 and a visa whose validity has expired. In Spain, 90% of migrants become irregular after entering regularly in the Euro- pean Union and 10% of these came from the boat crossing the Mediterranean Sea, many of them originating in Senegal, Cameroon, Guinea and Nigeria10. In this way, the Mediterranean Sea just becoming the main bridge crossing of refugees to Europe. Many come from North Africa to southern It- aly, and Lebanon, Syria and Iraq to Greece, passing through Turkey11. The conditions of life during the days are violent for the human rights, and many of these refugees put their lives and their family into the hands of smugglers12.

3. Effects of the crisis for instability of the European Union According to the UNHCR data, there are 7.5 million refugees within the Eu- ropean Union displaced, unlike other 700,000 who claimed asylum13. The situation in which they are is dismissal of state protection and basic needs.

Source: BBC

10 Migration Trends Across the Mediterranean: connecting the dots. IOM Regional Office, June 2015 11 Around 23000 Syrians refugees live in 23 center camps in Turkey; some are housed in con- tainers; others in tents. (Flight From Syria: Refugee Stories. 2015). 12 In 2002, the EU adopted a legal framework on smuggling, composed of a Directive defining the facilitation of unauthorised entry, transit and residence and a Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence. EU States’ law enforcement authorities take jointly operational measures, with support from EU Agencies, to disrupt the activities of organised criminal groups involved in the facilitation of irregular migration. Available in:http://ec.europa.eu/dgs/home-affairs/what-we- do/policies/irregular-migration-return policy/index_en.htm Accessed on: 26 April 2016 13 People who are on European ground, and not fit within the parameters of the crisis, are considered both refugees and asylum seekers. The term refugee is related to the person who flees his country for political persecution, racial or belongs to any ethnic group, and by oppression, is forced to leave their country of origin because of saving their lives. Asylum seekers are those who ask for state protection so that they can live with dignity and security.

39 Although many of the countries receiving refugees are subscribers and ratifies of the Convention of Refugees of 1951,it is very common to see discriminatory practices towards society and governments, as it is common to see many refugees without any legal explanation about their rights14 Those who know, start to pick and choose its final destination. According to report Migration Policy Centre (2016), reaching Europe does not mean be the end of their problems. Many refugees choose their destination countries based on the fact that they are signatories to the Dublin Regulation, which states that the first refugee Contact country is responsible for the applicant’s asylum application process. Germany and Switzerland, for example, are the most popular destinations for its high level of service and support. The challenge for Europe is to establish effective policies that can control the entry of refugees, without destabilizing the internal political and avoid problems such as poverty, trafficking, abuse and xenophobia. It is, in fact, constant agenda in meetings and official pronouncements on what should be done about the crisis.15Many governments find themselves tied hand to face such a complex problem because many factors are involved in the relation between refugee x European Union. It is very hard to set goals when the subject is so inclined to changes and new challenges. For example, it is increasingly complex to understand the subject in which many families are leaving their homes in towards a land unknown and full of promise, as it is difficult to establish effective practices for border monitoring. Therefore, “Migration is a reality of all times and all places. It represents both an opportunity and a challenge. While well-managed migration may foster progress and welfare at origin and destination, its mismanagement may put social cohesion, security and sovereignty at risk. Sound policy-making on migration and related matters must be based on knowledge, but the construction of knowledge must in turn address policy priorities. Because migration is rapidly evolving, knowledge thereof needs to be constantly updated.” (FARGUES, 2016)

14 Refugees have ideally two options to get to Europe: one is legal, through resettlement programs, family reunification, university scholarships and fellowships, training programs, private sponsorship, etc. The other option is illegal: a grueling and dangerous journey to take them across continents to several countries; when your request is denied. 15 Refugee admission policies have real consequences for refugee adaptation, primarily a special status in the social welfare system. Whether or not refugees have a unique mode of adaptation depends on how the state is conceptualized. (HEIN, Jeremy. 1993)

40 There is a great diversity of political positions among the member countries of the European Union on the refugee crisis. Many of these countries have become doors to the entry of refugees to the continent and turned out to have major economic and political difficulties to control the situation.16Border control is a major difficulty that countries have. At some point the refugee route countries like Austria and Hungary became intermediate paths for countries like Germany.17 Many of these countries have adopted drastic measures to control the large flow, as erect fences of barbed wire border. Hungary blocked the route through about 180 km. But it is not enough to stop the refugees, and ends up being a measure condemned by many European countries and human rights organizations. Solving the refugee problem requires much attention in relation to international law. Many plans of the European Union are focused on establishing a legal relationship in the way refugees are treated, and how to resolve the crisis. European governments are seeking a way to “return the refugees” to their countries of origin, so that they cannot hurt the legal sphere. According to the European Convention on Human Rights, which entered into force in 1953, it is expressly prohibited returning a refugee to his country of origin when it presents a risk to his own life, and does not consider illegal for a person to migrate to another country and ask asylum.18

4. Sociocultural factors There are many concerns that involve the refugee crisis in Europe today. Many of them are directly related to social welfare, which includes cultural impact issues, political and religious. Many Europeans, and even leaders of conservative political parties, debate about keeping the European identity, and end up defending a strong resistance against infiltration of Eastern cultures. The strength of the European population shelter the refugees is also related to the economic crisis that the European Union is going through right now. Thousands of Europeans are unemployed and see as a threat to the coming of

16 Greece has become the main gateway to be close to Turkey, where place of thousands refugees are coming. Between January and February 2016, over 120,000 migrants arrived to the Greek islands. The total of these two months is half of the year 2016. Available at: http://www.bbc.com/news/world-europe-34278886. Accessed 28 April 2016. 17 Around 1.1 million asylum seekers arrived in Germany in 2015. 18 About 90% of people arriving in the Greek islands say they are escaping from conflict, mainly from Syria, Iraq or Afghanistan.

41 thousands refugees who are looking for work, housing and assistance. “The first thing that needs to be done in order to help curb the rise of xenophobia in Europe is to treat this phe- nomenon as what it actually is, a refugee crisis, and not by what it is not, a migrant crisis.[…] The fault of the current misconception lies both with the politicians and with the media who have insisted in using the word ‘migrant’ rather than ‘refugee’. Therefore, many across Europe see these people as ‘migrants’, coming to their countries in order to look for work and for benefits. In the minds of many, these people are competitors: they have come for the resources that, in their eyes, rightfully belong to Europeans.”(JESUS, 2015). In recent years, Europe has taken measures to combat serious cases of racism, xenophobia and discrimination against religious groups. With the height of the refugee crisis last year, extreme levels of intolerance have been recorded throughout Europe, especially in central and rich countries that possess a strong conservative stand in its political scene or those who are the most affected by the crisis19. With the increased border controls along with migration and asylum policies, xenophobic discourse aims to exclude groups of refugees, leading to their marginalization. Recently, right-wing parties have gained strength and popular support towards protests against migratory and manifesting itself through nationalist ideals policies. Countries like Austria, which is middle course for refugees who want to come to Germany, has given way to conservative parties and extremist views regarding the refugee population.20 Many of these parties have taken advantage of recent terrorist attacks to give support to a protection policy campaign to European citizens of any external threat, intensifying the political debate that many terrorists end up seeping

19 In Greece, 143 incidents of racist violence against migrants or refugees were recorded in 2013 by the Racist Violence Recording Network. This situation calls for concrete policies and measures by EU institutions that will effectively address the situation on the ground. Available in: http://www.euractiv.com/section/languages-culture/opinion/it-s- time-for-eu-institutions-to-take-measures-to-combat-xenophobia-and-discrimination/. Ac- cessed 28 April 2016 20 In September 2015, the Freedom Party (FPO), far right, doubled its vote percentage, guaranteeing 18 seats in Upper Austria. Available in :http://www.express.co.uk/news/ world/629022/EU-migration-crisis-far-right-parties-Europe-Germany-Sweden-France. Acessed 30 April 2016.

42 between refugees. In Germany, due to the measures taken not restricted to shelter refugees, demonstrations are clearly supporting conservative and nationalist parties, despite the political history of the country in relation to such parties. The free movement of persons within the European Union has been a crucial factor to understand the dynamics of border control and a problem for the internal border less states policies. Because of the Schengen Agreement, which entitles a person to move the European Union, governments have invested heavily into the barriers of borders in defense of illegal immigration. Thus, many agreements proposed by the European Union may be threatened by the crisis. “EU institutions must therefore take ambitious measures to break down these barriers. If equality is one of the EU’s founding principles, different treatment of third country nationals and different access to rights, depending on nationality or legal status, be it refugees, asylum seekers, highly skilled or unqualified or seasonal workers, should no longer be acceptable. The principle of equal status for equal work should always apply” (CHARALAMBIDOU, 2014).

5. Public health problems The lack of infrastructure in refugee camps on the borders of European countries makes the poor condition of human life. While these refugees are there, there is a high chance of them cross the border at some point and enter the European soil. Thus, the lack of guidance for many of them can lead to a number of problems, and among them is the public health problem. The overcrowded refugee camps and living with people from different parts of the world, the risk of infection or infection with any disease is quite something, and it ends up creating a big problem to be fought. Many of these refugees have no basic orientation treatment, and in many cases are not diagnosed as appropriate; other factors such as lack of proper hygiene also contribute to the increase of diseases. In this way, “Refugee populations entering the EU/European Eco- nomic Area (EEA), and particularly children, are at risk of exposure to infectious diseases in the same way as other EU residents, and in some cases may be more vulnerable

43 because of the interruption of public health programmes, notably for immunization, in their country of origin, as well as through various barriers to access healthcare such as language, culture etc. It is therefore important that they benefit from protection from infectious diseases, including those prevented through routine vaccinations” (CATCHPOLE, 2015). Cases of infectious diseases being transmitted between the refugees and the European citizens must not only be controlled by internal calamity precaution, but as something global. With the connections that the continent possess with the rest of the world and with the huge influx of tourists, even in times of crisis, should be constant political agenda methods to contain the mass con- tagion. According to the European Centre for Disease Prevention and Control (2015), the European Union needs from the premise that it is necessary to be aware of the risks of infection that refugees can be made and how much they are exposed in their shelters, and contribute to the continued access to health and medical care.

6. NATIONAL POSITIONS ON THE TOPIC BRAZIL According to CONARE data, Brazil currently houses more than 8.000 refugees from several countries. The country is considered by UNHCR as a pio- neer on the protection of international refugees. In relation to domestic laws, Brazil guarantees refugees the same rights as any other foreigner who lives in the country. Brazil leads major refugee resettlement programs and is also considered to be one of few countries in South America that offers programmes like these.

ARGENTINA the UNHCR in Argentina was established in 1965 and since then the government has been working on measures to house refugees. In 2014, the ‘Syria Programme’ was created, which grants visas to Syrians. Also, the Ar- gentinian government has worked to improve the reception conditions of the refugees and joined CONARE projects to consolidate the regional resettlement program.

TURKEY being syria’s neighbor Turkey was the country that received the largest number of war refugees. In the last years the number increased to 1.9

44 million Syrians. According to UNHCR, the Turkish government has built more than 25 camps where it is housed around 275,000 people. Turkey invested around US $ 6 billion to deal with the crisis. The government says that the refugees are satisfied with the allocation and they can use the local health services. However, the country can’t handle the crisis without international help.

THE UNITED STATES OF AMERICA despite having established resettlement programs to refugees from different countries, the United States are very strict to accept them entering in the country . The process takes between 18 months and 2 years and the entry is permitted only after all the steps are completed. The United States State Department requested UNHCR to determinate who must being sent as a refugee to live in the country, but the government will make the decision if they are accepting or not.

GERMANY is one of the countries that has received the largest number of Syr- ian refugees. In 2015 the German government adopted an open borders policy and started to allow Syrians to registers in the country. Also, the country created resettlement programs and provided support in different ways. Sixty universities have set up programs to provide information, courses, psycholog- ical and social support and scholarships to refugees.

DENMARK has also opened its borders to receive refugees and started resettlement programs, but the country has begun to hamper their permanence when the Danish parliament approved a plan to seize assets from refugees. The government said the procedure is intended to cover the cost of each asylum seeker’s treatment by the state. Also, the government started to control its borders since Sweden adopted the same policy in relation to the entry of immigrants.

SPAIN receives a much lower number of refugees compared to the flow to other European countries. For the refugees that reach Spain, the State ensures work permits and residence, the issuance of identity documents stating their refugee status and the same rights that fit to a Spanish, with the exception of voting rights. The priorities are to ensure access to the territory, improve the quality of decisions, provide support for separated and unaccompanied chil-

45 dren and promote appropriate gender equality policies.

RUSSIAN FEDERATION based on its domestic law, under article 52 of the Constitution, the rights of persons who have suffered harm from offences shall be protected by the law. The State shall guarantee the victims’ access to justice and compensation for damage. People who had filed an application for asylum, granted temporary asylum and the refugees are entitled to free medical care. According to a report published last year by the Organization for Econom- ic Cooperation and Development (OECD), Russia holds the largest number of immigrants in illegal situation in the world, with 3.5 million people in these conditions, which is 7% the number of workers in the country. UNHCR activities in Russia have testified to the agency’s potential in devel- oping innovative net projects aimed at strengthening its partners’ capacities. The agency’s major strategic partners are the Federal Migration Service, Insti- tute of Ombudsman, NGOs, legal educational establishments, rehabilitation centers, etc. The joint activities vary from the improvement of refugee legislation, the monitoring of implementation of the UN Refugee Convention, the delivery of lectures and the provision of training to practical humanitarian, social and legal help for the refugees and displaced population. All the above efforts will contribute to raising awareness of the Russian public on ways of supporting and championing the rights of people. The latest positive achievements are inspiring — the adoption of 2030 Agenda; tangible support for UN peace operations; momentum on climate change; high-level commitments to gender equality; and encouraging steps to address the refugee crisis. There remains great hope in the power of working together.

FRANCE´s concept of integration has evolved from a focus on assimilation to an understanding of integration as a two-way process between the state and the migrant wishing to settle in France (Haut Conseil à l’Intégration 2006). Cur- rently, the French government describes integration as follows: “One should not view integration as a third way between assimilation and insertion, but as a specific process. This process aims to ensure that varied and differing ele- ments take active part in national society, while still accepting the existence of cultural, social and moral specificities and agreeing that the whole of society

46 benefits from this diversity and its complexity. ” “It is necessary to protect the external borders and this is a job to do in Europe. If ensured the protection of external borders, we will avoid the restoration of internal borders; some countries have implemented unilaterally, “said French President Francois Hollande. So its first and main goal is countering international terrorism. And to do these, will need to end the Syrian conflict, help the local people fight criminals, rebuild the economy and establish a peaceful state and also make efforts to resolve the Ukrainian crisis. The president has also announced he also wants to extend air attacks from Iraq to Syria, using the terrorist threat at home to justify the escalation.

NIGERIA is passing through a turbulent period of violence and insecuri- ty that scares its own population, who has begun to move away from their own country, becoming refugees in other countries. The insurgency of Boko Haram produced at least two million displaced Nigerians, migrating to neighbor countries such as Cameroon, Chad and Niger. The humanitarian crisis re- sulting from these internal conflicts has made agencies, such as the UNHCR, take action to strengthen collaboration with State to protect the internally displaced persons (IDPs). In the remote region of the “Far North” in Cameroon, a steady stream of Nige- rian refugees is shifting the border between his country and Cameroon and seeking shelter about 100 km, in the field of Minawao, which is administered by UNHCR and its partners. For security reasons, UNHCR has limited access in the far north of Cameroon. But it is estimated that 12,000 refugees are not registered in this area. Cameroonian authorities say that this number could reach in the region of 17,000. UNHCR has developed several contingency plans with countries likely to see an influx of people if there are any instances of post-election upheaval. At regional level, and within the framework of emergency preparedness and emergency response, UNHCR has also developed a task force to monitor and report threat levels. Recently the United Nations agencies and non-governmental organizations are launching the Regional Refugee Response Plan (RRRP) to Nigerian refugees. This appeal is urgently seeking USD 174.4 million to protect and assist some 192,000 people who fled brutal rebel attacks in northeastern Nigeria. The plan also calls to answer any additional population movements to neighboring countries.

47 IRAQ has overcrowded refugee camps and insufficient assistance available. The number of registered refugees in Domeez camp, near the city of Dohuk in the Kurdish region of Iraq, is growing daily. Between 700 and a thousand new refugees are registered every day and the services offered at the camp remain insufficient in the face of growing needs. 246.123 is the number of Syrian refugees registered in Iraq on March 31, 2016. 21 Around 98% of Syrian refugees in Iraq are living in the Kurdistan Region, in addition to more than one million Iraqis displaced due to conflict – a figure accounting for 25% of the population of KR-I. Despite the likelihood of increased demands for humanitarian assistance, overall funding for the 2016 plan to help nearly 250,000 Syrian refugees in Iraq (the Syria Regional Refugee and Resilience Plan, or 3RP) is just 23% funded, while the UN’s Humanitarian Response Plan for Iraq this year is only 22% funded.

JORDAN provides asylum for a large number of refugees, including from Syria and Iraq. There is currently no backlog of Syrians awaiting registration. Syrians can now register with UNHCR at its center’s in Irbid and Amman upon first contact the same day. There were 642,868refugees at Jordan counted until April 19, 2016. 22 On April 30, 2014 the government of Jordan and the Agency of UN Refugees (UNHCR) created the field of Azraq refugees, where more than 17,000 Syrians. The camp is located in northeastern Jordan desert.

CANADA is known for their humanitarian campaigns. Canada’s resettlement programs are respected internationally because they provide permanent residence as a long term solution. Justin Trudeau, Canada’s Prime Minister, has announced in their campaign that they’ll receive 25.000 refugees from Syria. Trudeau and his Lib- eral Party based their campaign in a more open country to immigrants and refugees, but once in the power Trudeau realized Canada didn’t have the structure yet to handle this number of refugees.

21 unhcr data available at http://data.unhcr.org/syrianrefugees/country. php?id=103. 22 unhcr data available at http://data.unhcr.org/syrianrefugees/country

48 Canada’s budget from their Official Development Assistance (ODA) is 4.622 billion dollars. Till December 2015, 10.000 refugees had already arrived in the northern country. The Canadian government plan’s is to receive the last 15.000 refugees in the next 15 months.

UNITED KINGDOM the Government’s initial policy was to be generous with humanitarian aid to Syria’s neighbours rather than to accept recognised Syrian refugees for resettlement in the UK. However, in early 2014 the Gov- ernment decided to establish a ‘Syrian Vulnerable Person Resettlement (VPR) Programme’ in order to provide a route for selected Syrian refugees to come to the UK. The scheme first prioritised victims of sexual violence and torture, and the elderly and disabled. On 7 September 2015, the Prime Minister announced a significant extension of the scheme. The UK is now planning to resettle up to 20,000 refugees from the Syrian region over the next five years. The Government is working out the logistics of the extended scheme with local authorities and the voluntary sector. The Government also announced, on January 28TH 2016, that it would work with the UN High Commissioner for Refugees (UNHCR) to lead a new initiative to resettle unaccompanied children from conflict regions. However, the Government does not intend to offer resettlement to refugees already in Europe, or to participate in the refugee relocation schemes being developed by the EU. It argues that it is better to take the most vulnerable refugees directly from the region. The UK Government continues to commit a significant amount of international aid to assistance programmes in the regions neigh bouring Syria, arguing that this is preferable to encouraging Syrian refugees to make dangerous journeys to Europe. The UK has committed over £2.3 billion to helping refugees in Syria and the region, making it the second largest bilateral donor to the Syrian refugee crisis. The UK has already accepted about 1,000 refugees from Syria under the Vul- nerable Persons Resettlement Programme (VPR). The government expanded the scheme last year, promising to take in 20,000 by 2020.

ITALY is the second most-focused destination among the refugees when

49 coming to Europe. The new proposal on migrationby Matteo Renzi’s, Italian prime-minister, states that “the recent EU-Turkey agreement represents the first attempt to initiate a large-scale cooperation with a third country and has shown that it is possible to use all existing tools and budget in an innovative w a y ”. Their controversial aspects of the proposal include EU support to return refugees from countries of transit to countries of origin, constant European law enforcement presence in the Saharan belt, reorientation of financial instru- ments for external action (including the European Development Fund) towards migration control, EU support for the supply border surveillance equipment and technologies in third countries, EU support for screening centers in third countries of “refugees and economic migrants”. “The proposal of the Italian Prime Minister disregards the real situation of refugees who are repatriated to Turkey, which Erdoğan’s government rejects in large numbers, sending them back to war zones. The proposal doesn’t even mention the obligation of both the EU member states and third countries to respect human rights and the principle of ‘non-refoulement’ (international law which forbids the rendering of a true victim of persecution to his or her persecutor). Italy has already rescued 700 refugees, mainly women and children among them.

SWITZERLAND refugees arriving in Switzerland have to turn over to the state any assets worth more than 1,000 Swiss francs (£690) to help pay for their upkeep. Swiss authorities rejected criticism of the practice, saying it was based on a decades-old law and only applied in a fraction of cases. Authorities also noted that the law called for asylum seekers and refugees to contribute where possible to the cost of processing their applications and providing social assistance. According to the Swiss state secretariat for migration (SEM), the rule affected just 112 out of 45,000 refugees last year. An SEM spokeswoman told SRF: “If someone leaves voluntarily within seven months this person can get the money back and take it with them. Otherwise the money covers costs they generate.” According to the SRF report, refugees who win the right to stay and work in

50 Switzerland also have to surrender 10% of their pay for up to 10 years until they repay 15,000 Swiss francs in costs.

SERBIA the little Country leading the way in Europe’s Refugee Crisis. Serbian government offering temporary housing, numerous nongovernmental organizations helping people in need, or individuals, neighborhoods, and busi- nesses organizing efforts to collect warm clothes, water, and food, our little country has responded to this crisis with an admirable mix of dignity and effi- ciency. In part, our ability to offer kindness and help where other nations offer xenophobia comes from experience. At the London donor conference, Serbia’s Prime Minister has called for unified international solution to the refugee crisis - which is affecting the Balkan region’s stability. Serbia will accept any European solution on the refugee issue, Serbian Prime Minister Aleksandar Vucic told a conference of world leaders in London dedicated to the Syrian crisis. More than 10,000 refugees stranded in Serbia as borders close. We expect Brussels and particularly some EU countries to make it clear what their position is on refugees, and the government of Serbia will strive to actively contribute to what is agreed on.

ANGOLA Angolan foreign minister Georges Chikoti wondered what the roots of these conflicts are and how can they be settled in a comprehensive and sustainable way, in the respect for the principles and norms of the international law, the Prime minister said containing extremism, combating socio-economic inequalities and strengthening education are crucial in the formation of democratic sustainable societies in the region and world at large. Southern Africa currently hosts more than half a million people of concern. At the end of 2013, they included approximately 136,000 refugees, 278,000 asylum-seekers and nearly 1,700 returnees. Angola has always expressed its disappointment at the lack of political will on the part of key stakeholders in the pursuit of an effective, real and last- ing solution to end the war, which claimed the lives of many innocent people and millions of displaced persons and refugees and caused a humanitarian catastrophe and affected the country’s economy.

51 GREECE is one of the countries that receives the largest number of refugees, since is the main transit point for asylum seekers reaching Europe shores and also, the most impacted EU country by the refugee crises, since more than 790,000 refugees and migrants arrived in the country in 2015, most of them escaping from conflict areas on Syria, Iraq and Afghanistan. The large flow of migrants has brought serious consequences to the already fragile economic situation of the country, as well as it’s internal security problems.

AFGHANISTAN Because of the conflict between internal religious groups (Sunnies and Shiites), violence has been the major factor that pushed thousands of Afghans to involuntary migrate to neighboring countries, such as Iran and Pakisthan, and also, to Europe. According to the UNHCR, Afghanistan remained the world’s top producer of refugees for 32ndyear in roll. In 2014, there were totalized over 700,000 internally displaced persons (IDPs). Afghan refugees in Iran and Pakisthan usually face an uncertain political situation, which makes them try to go back to their homes, even though UNHCR has several programs to inform this refugees that it still not safe enough for them to go back.

EGYPT most of asylum seekers that arrive in Egypt are from South Sudan and Sudan. Even though Egypt is a signatory to the 1951 Refugee Convention and its 1967 Protocol, and the 1969 OAU Convention, the country has not developed institutions to take proper measures to arrange refugees, and therefore these measures are handled by UNHCR.

LIBYA is the main departure territory for illegal migrants to Europe. Because of the eruption of civil conflict, mostly in urban centers, more than 110,000 Libyan refugees have arrived on Italian shores in 2014, which made the Ital- ian 2016’s Chancellor, Paolo Gentiloni, offer humanitarian help to the Libyan government.

SAUDI ARABIA, Oman, Kuwait, Qatar, United Arab Emirates and Bahrain, as members of the Gulf Cooperation Council (GCC), are being equally condemned for not welcoming Syrian refugees since the beginning of the Syrian miggrant crisis. Thanks to data from Amnesty International, its been known

52 that zero was the number of refugees claimed for the six Gulf countries. How- ever, it is important to remember that neither Saudi Arabia, Kuwait, Qatar nor the UEA are parties to any of the UN protocols on refugees, which can be a plausible explanation for this situation: there might be Syrians at the Islamic Kingdom, but they are not classified that way. According to Nabil Othman, the UNHCR regional representative to the Gulf region, there were 500,000 syrian refugee in Saudi Arabia plus education guaranteed over 100,000 youngsters at September 2015. Countries like Kuwait reported 120,000 syrians received and none of thoses countries refused financial support to the cause. The biggest problem lies in the lack of laws to ensure the rights of migrants.

ISRAEL Internal discussions in Israel on the topic of refugees confronts the Jewish and democratic state values. Although Israel is part of the 1951 Ref- ugee Convention, it never worked to establish a funcional system. Because of its geographical position, it has always had problems to position itself on the subject by the constant migration of Sudanese, Eritreans and Palestinians, making it difficult for the country to take a consistent decision on the Syri- an crisis. The Israeli Prime Minister Benjamim Netanyahu quickly responded to the opposition about allowing Syrian refugee into Israel: “Israel is a very small country that lacks demographic and geographic depth”. He continues discussed his plans to construct a fence along the eastern border with Jordan. The president’s position seems contradictory to the Jewish people’s history, not only from its beginning, but especially in the last century, for they have been precisely the people of the migratory crisis of the twentieth century. Ne- tanyahu’s recent refusal to accept Syrian refugees was a similarly motivated attempt graft security concerns onto humanitarian ones by labeling Syrian refugees as infiltrators before they even entered the country.

INDIA hasn’t signed the 1951 UN Refugee Covention, and mostly only took care of its economic influence over the other nations. As an example, there’s the recent crisis of Bangladesh and Myanmar. Meenakshi Ganguly, The South Asia Director of Human Rights Watch already made a statement on this issue, saying that the country wants to stay careful in maintaining its strategic and economic influence over neighbors rather than criticize them over human rights issues. There is a fear that if governments accept refugees, it might lead to a influx of them. Besides, India already has troubles with the illegal migration from Bangladesh. However, it has repeatedly stated its commitment to

53 protect and give support to refugees.

JAPAN is historically known for its reluctance to accept refugees. Despite the fact of constantly denying asylum - there were 5000 applications in 2014, but only 11 were accepted - the country does not deny to contribute with financial actions, donating $181,1 million for the UN Refugee Agency, more $167 mi to UNHCR at the beggining of 2015 and, in January, when the primer minister Shinzo Abe visted Egypt, he pledge $200 million in aid specifically for refugees form Iraq and Syria. Despite these economic efforts, the country continues to be criticized for it’s strict asylum policy. In September, the Primer Minister himself declared at the General Assembly: “It is an issue of demography. I would say that before accepting immigrants or refugees, we need to have more activities by womem, elderly people and we must raise our birth rate. There are many things that we should do before accepting immigrants.” Even with this recent demography crisis, there are still some barries in Japan’s refugees policy. This situation may blur Japan’s humanitarian credentials on the international stage.

CHINA despite China’s ratification the 1951 Refugee Convention, it has limited itself to make the registration of refugees and restricted access by the United Nations’ refugee agency. It has given asylum only for ethnic Chineses during its history. Concerning the refugee crisis in Europe, this country has declared- its opinion through the state news agency ‘Xinhau’, saying that the US is the direct responsible for the crisis and should take the blame for it and correct it. According to the original text, the United States should assume its responsibility in the disheartening refugee crisis in Europe as its controversial Mid- dle East policies resulted in wars and chaos that displaced large numbers of people.” And it closes: “as a solution, peace and stability should be established in the region. But it can not be done unless the United States shoulders its responsibility and corrects its mistakes.” It is a normal accusation, especially if it we remember that China has been suplying 31,1% of the arms exported to Iran. China, together with Russia, is responsible for supplying the Iranian air defense, militarilly funding the war that has been creating the refugees in the European crisis.

SOUTH AFRICA can be a good consul to EU because of its experience in pol-

54 icies regarding refugees. It learned by itself the consequences of ignoring the particularities of migration by mixing them although the different reasons for asylum. Also, President Jacob Zuma made an statement in September concerning the Libya refugee crisis, blaming EU and its interventions. “Today, those who were part of destabilising that part of the world don’t want to accept the refugees. It is their responsibility. They caused it and they must now address it. That is of absolute importance. It is the painful truth.” The president also see me dready to help Lybia with in post-conflicts reconstrution and rec- onciliation efforts.

HUNGARY’s Primer Minister said that the flow of refugees and the other migrants in Europe must be halted, not just reduced, and called for new border fences in Greece. Viktor Orban, one of the hard-lines of any European leader against the unprec- edent influx, called for the building of what he called a “European defence line” on Greece’s border with Macedonia and Bulgaria. Hungary was criticized after building a barbed wire and metal fence along its border with Serbia and Croatia, but in the next months, several countries followed suit, including Slovenia and Austria, in what Orban sees as a vindication of his position. In the radio interview, he said that “since no one except us Hungarians protected their external Schengen borders, defences, visa systems, border controls and fences are being created inside” the visa-free travel zone. “I do not think that the deal with Turkey will be sufficient in itself,” Orban said. The deal offered Turkey easier access to travel visas and a renewed focus on the prospect of the country joining the 28-nation EU, in return for its aid in stopping migrants from crossing the Aegean to the islands of eastern Greece. “It is nice that (Turkey) has promised that there would be a line of defence there, but we need to build one of our own from our own resources on the northern border of Greece and stop, not slow down, but stop migration,” Mr Orban said.

IRAN the head of Iran’s judiciary, Sadegh Amoli Larijani, has declared that the surge of refugees through Europe — a “migrant crisis” is “the result of Western

55 countries’ plots and actions”. The head of judiciary called on European countries and the US to “move toward solving the roots of this crisis instead of debating the extent and numbers for accepting these migrants”, as he blamed Western countries for creating instability by supporting “extremist and terrorist groups”. He continued, “Some Islamic governments start sedition in the name of ISIS [the Islamic State] and other terrorist groups, instead of having empathy and solidarity against the Zionist enemy [Israel].” Iran is an ally to Syrian leader President Bashar al-Assad and his Alawite-dom- inated government, providing it with military advisers and subsidised weapons, as well as line of credits and oil transfers. Assad is also the closest Arab ally of Iran and Syria is the main transit point for Iranian Shipments to Hez- zbollah in Lebanon. It is believed that Iran has been influential on Hezzbollah’s decision to send fighters to help Assad forces. Iran has proposed a peaceful transition in Syria that would culminate in free, multi-party elections. It was involved peace talks about Syria’s future for the first time when the world powers met in Vienna.

LEBANON is more interested in solving the grand refugee crisis that it is pres- ently suffering than helping the EU with their crisis. Lebanon is one of the countries at the Middle East that has received the largest number of Syri- an refugees, as well as some from Afeganistan and others conflit zones. With more tham 1.3 million refugees, 1 million of them registered syrian refugees, the country provides immediate protetion and assistance to the Syrians despite the fact of having no obligations to do so, since Lebanon is not a part ofthe 1951 Refugee Convention. The number of migrants requesting asylum will never stop if Lebanon doesn’t ask for help to adopt the political reforms it so desesperately needs.

MALAYSIA and THE REPUBLIC OF INDONESIA agreed to receive and provide humanitarian assistance to over 7,000 refugees, including Rohingyas (Muslim minority fleeing persecution in Myanmar) and Bangladeshi migrants. The agreement between the two countries requested help from the international community to repatriate them within one year and contribute finan- cially to both countries provide appropriate assistance to irregular migrants. The agreement was intended only welcome those refugees who were already under way in those countries when the agreement was signed.

56 THE KINGDOM OF THAILAND in a first moment, after appeal of various UN agencies, Thailand joined with Malaysia and Indonesia to resolve the issue of the refugees who were in boats near the coasts of these countries. The country did not want to join the agreement and refused to take these boats, since many of them contained human traffickers that could threaten their safety. However, Thai authorities would verify their legislation about how to proceed with the refugees. Authorized, then, sick refugees to come ashore for medical care, but the government has not confirmed that allow others to disembark.

THE KINGDOM OF NORWAY many of the refugees who came to Norway by bicycle were accepted. These refugees used bikes to cross the Russian border with Norway, because Russia prohibits the crossing on foot. In addition, Nor- way considers that the refugees drivers are middlemen and without the day documentation are at risk of being arrested as traffickers. In 2015, Norway has calculated an estimate that 20-25 thousand refugees seek asylum in the country. Installed some refugees in shelters, others were relocated in hotels, but as the number of refugees seeking the country was increasing, he felt the need to build new housing. Communication between the refugees already housed and those who were still aimlessly grew, many who were in Russia complained about the conditions and chose to migrate to Norway in search of better quality of life. Norway sought to guide the refugees how to treat women in the country, as a preventive measure against sexual violence in women. However, the number of refugees exceeded expectations and the country then began repatriating refugees to safe countries.

7. QUESTIONS TO PONDER 1. How does the Europe Union can handle with the situation of racism, xenophobia and violence against refugees? 2. How does the European Union could send help for the foreign countries that housed thousands of refugees in camps? 3. How to formulate an asylum policy so there is no internal political destabilization in each country affected by the crisis?

57 8. USEFUL SUGGESTIONS FOR THE PROPER CONDUCTION OF THE DEBATE Delegates should adopt a productive and focused attitude, oriented towards the fulfillment of the meeting’s objective: the adoption of an outcome document concerning the mygrants, asylum seekers and refugees in Europe. Delegates should take the current draft proposed by the UN General Assem- bly and UNHCR (fully available at http://www.unhcr.org/4b9fb1199.pdf) as a starting point. During the conference, efforts should be focused on reviewing possible points of disagreement and addressing effective solutions for those. Nations should commit to find a common ground on the principles underly- ing the theme and on the means of financing and implementation of goals. It is strongly recommended that the committee dedicates the first session of the conference to establish a clear and straightforward work schedule that comprises all the points delegates wish to address during the meeting.

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67 United Nations Security Council North Korea: Threats to International Security Isabella Fialho Danieli Bárbara Manon Rodrigues Munhoz Bruna Löw Eizerik Faviana Bourscheidt Setti Graciane Bertol Pires Isabella Corbellini

1. INTRODUCTION Over the last decade DPRK (North Korea) has been escalating its threats against those it considers its enemies, namely The West. The threats appear in form of propaganda or in a more concrete way: The acceleration of the nuclear program to obtain an intercontinental ballistic missile (ICBM). North Korea already possess ballistic missiles capable of reaching its neighbors (South Korea, Japan, Russia and China) but its capability of loading them with a nuclear bomb it is debatable. Nevertheless, the UNSC in the last semester held three special meetings dedicated to deal with the ongoing an- tagonism of the International Law by Kim Jong Un, the North Korea’s leader, sanctions were placed mainly because different from his father Kim isn’t open to negotiations preferring to continue aggressive methods. As one US’s official noted “North Korea’s sub launch capability has gone from a joke to something very serious. The U.S. is watching this very closely…” Reaf- firming that North Korea is indeed one of the top threats to the World Security.

2. HISTORICAL BACKGROUND Korea was annexed by Japan in 1910, while it was already a protectorate of Japan since 1907 with the promulgation of the 1905 Protectorate Treaty, and- controlled until the end of the Second World War. As Japan was on the losing side of the war, it lost control over Korea and then Korea was divided by the main victors, in North Korea (soviet control) and South Korea (US control). By the time they assumed control, in December

68 1945, both the US and the USSR had no government plan so they formed a joint commission to consult various Korean political groups to decide the best course of action for Korea. The only consensus they achieved was the desire for an independent Korea and the division remained. In the North the soviets supported a communist revolution led by Kim Il Sung at the same time in the South the United States invested in right-wing groups that would keep Korea favorable to the American interest. In 1947, Kim Il Sung had successfully ce- mented his rule after disabling his rivals simultaneously in the South violence was amok with the political center destroyed and the remaining leftists were either hiding or planning guerrilla warfare against the American backed right- ists. In the same year the UN passed a resolution on the General Assembly foreseeing the creation of the UN Temporary Commission on Korea (UNTCOK) that was succeed by the UNCOK23 which passed on motion in 12 December of 1948. The UN Commission on Korea had the aim to assist the unification of Korea removing the barriers caused by its division, to observe the removal of foreign troops and to report any developments that would lead to a military conflict. The UNCOK found itself in a dangerous position as the South commanded by the rightist Syngman Rhee refused to let the organization affect internal matters and both Koreas could not achieve agreement even in trade aspects.

2.1 THE KOREAN WAR (1950-1953) On 25 December of 1950, a Sunday morning DPRK invaded South Korea shocking the West. Even with CIA’s reports that asserted the rapid militariza- tion of the DPRK, the US concluded that the North would only use its new military prowess to keep destabilizing its neighbor since in order to destroy the South would only be possible with URSS’s help and that would sparkle a war with America. But Kim Il Sung acted different from the expected and found himself in a very favorable position as he had in hands a force of 135,000 men most being veterans; 5 border constabulary brigades; and an armored contingent with 120 Soviet T–34/85 tanks.There was also a support force to the army including 180 Soviet aircrafts, mostly fighters and attack bombers, and a few naval patrol craft. Whereas in the South they could not be more unprepared, possessing only95,000 men that weren’t fit for a war. The South’s army was raised as a police force during the American occupation and assisted by the Americans, since April 1948 they had been fighting against guerrillas who re- 23 The United Nations Commission on Korea was instituted to serve as more permanent and active UN presence on Korea.

69 ceived support from the DPRK. This interfered with their training for conventional operations, and in June 1950 three of the eight divisions were dispersed for counter guerrilla duties or small-unit training. The South Korea Army was a light infantry force: its artillery totaled eighty-nine light 105-mm. and it had neither tanks nor any antitank weapons effective against the T–34/85s. Their Navy matched its North Korean counterpart, but the Air Force had only a few trainers and liaison aircraft. Their equipment was US made and was war-worn when provided to South Korean forces and provisions on hand could only sustain combat operations for no longer than fifteen days. The advantage held by the DPRK proved itself on the battlegrounds as they conquered terrain pushing back the South Korean army and US support troops to a small front named the Pusan Perimeter. The counterattack was made by an UN contingent (UNC)24, that was the first time in History that UN troops were actively involved in a war, led by the American General MacAr- thur. MacArthur’s offensive landed on Inchon on September 15 and began to gain terrain with the objective to recover Seoul. Meanwhile the in the Pusan, the UNC army started to regain terrain. By 27 September Seoul was recovered, and on 5 October the UN contingent had gained terrain beyond the 38’ par- allel25. General MacArthur believed that war would soon be over as the UN troops marched closer to China’s border he also believed that China would not interfere in the war. He could not be more wrong, the People’s Republic of China entered the war with the Chinese People’s Volunteer Force (CPVF) dispatched by Mao Zedong. The Chinese regiment would push back the UN forces into the south, capturing Seoul from the hands of the US X Corps. But it stopped advancing when couldn’t get through the lines of US’s Eighth Army commanded by General Van Fleet. The war would change form from one of rapid maneuverability toward one of trenches and static. The UNC would eventually regain all South Korean territory through a very effective system of logistic and superiority on air and naval force. Then again that wasn’t enough to obtain a total victory as the North Korean forces pow- ered by the CPVF held advantage in numbers. Subsequently the war would stay on a stalemate over the 38’s parallel for the two remaining years of it. The negotiations for a ceasefire began on July 10 1951 and was finally agreed on

24 The United Nations Command (UNC) is the unified command structure for the multina- tional military forces supporting South Korea during and after the Korean War. 25 The 38’ parallel marks the political division between North Korea and South Korea.

70 July 27 1953. The Korea War “ended”26with a death toll of a million military per- sonnel from both sides and two million civilians and Korea remains divided till today.

Figure 1: Map of the Principals Campaigns during the Korea War Source: United States Military Academy Department of History 26 A Peace treaty has never been signed on, so technically the Korea War never ended.

71 3. RECENT DEVELOPMENTS On the beginning of the current year,the North Korean dictator Kim Jong Un affirmed, during a period of nuclear tests, that North Korea possessed a hydrogen bomb, but the claim was dismissed by US’s officials;experts say while the blast detected was not big enough for a full thermonuclear device it may have involved some nuclear fusion. Months later the North Korean state media released a statement from the Kim Jong Un affirming that North Kore- an successfully developed a nuclear warhead small enough to be loaded into ballistic missiles, the claim has not been proved. Figure 2: North Korean missile defense ranges and Guam deployment

Figure 3: Table of comparative sizes between North Korean Missiles

72 Over the month of April, North Korea tested its middle range ballistic missiles and new intel suggested that Iran is collaborating with DPRK’s nuclear program. The new commander of US forces on Korea Gen. Vincent Brooks, recently expressed his deep concern by the falling readiness levels as DPRK grows more aggressive advocating for a more layered missile defense in including the deploy of Terminal High Altitude Area Defense (THAAD) system for a more concrete defense of South Korea. New reports suggest that a fifth nuclear test it is being planned.

4. UN OPERATIONS On 2 March, the Security Council held its 7638th meeting, a special meeting dedicated to deal with the nuclear tests realized by the Democratic People’s Republic of Korea (DPRK), the resolution 2270 was drafted its core points are listed below: • Expressing gravest concern at the nuclear test conducted by the Demo- cratic People’s Republic of Korea (“the DPRK”) on 6 January 2016 in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013), and at the challenge such a test constitutes to the Treaty on Non-Prolifer- ation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond, • Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation, and shall suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a morato- rium on missile launches, and demands that the DPRK immediately comply fully with these obligations; • Reaffirms its decisions that the DPRK shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner, and immediately cease all related activities; • Reaffirms that, pursuant to paragraph 8 (c) of resolution 1718 (2006), all Member States shall prevent any transfers to the DPRK by their nationals or from their territories, or from the DPRK by its nationals or from its territory, of technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of nuclear-related, ballistic missile-related or other weapons of mass destruction-related items, materials, equipment, goods and technology, and underscores that this provision prohibits

73 the DPRK from engaging in any form of technical cooperation with other Member States on launches using ballistic missile technology, even if char- acterized as a satellite launch or space launch vehicle.

5. BLOC POSITIONS JAPAN stands strongly on the regularization and supervision of North Korean nuclear plant since the early 1990, and in light of reports of successful nuclear weapons testing the focus has changed to ensure that North Korea ceases it’s nuclear program altogether. Sanctions have been put in place since the mid- 2000 in response to nuclear testing, seeing as direct negotiations have had little effect on North Korean politics. The two States have strained relations based on North Korean support of Jap- anese terrorist groups and the kidnaping of Japanese citizens. Due to the already animosity between Japan and North Korea, as well as their proximity, the threat of nuclear weaponry from the former poses a greater danger to Japan and it’s citizens.

THE UNITED STATES OF AMERICA has always been weary of North Korea. The USA has had implemented sanctions on the Asian State since it’s procla- mation, and has supported South Korea during its conflict with its northern counterpart. The United States along with South Korea and Japan are the three biggest ad- vocates against North Korean nuclear plants, as well as the biggest enforcers of the sanctions posted on the latter.

UKRAINE condemns the North Korean usage of nuclear weapons, as a country that abides by the UN resolution on weapons of mass destruction. Ukraine also will be targeting non-proliferation issues during it’s membership on the UN SC.

RUSSIA, despite being one of the few North Korea allies, has condemned the recent announcements and actions related to nuclear tests and rejected Pyongyang ambitions to be a nuclear power. The Russian government is very concerned about North Korean violation of the UN Security Council resolution, just as the consequences that these acts can bring to the region. Accord- ing to Foreign Relations Minister, Sergei Lavrov “The situation on the Korean Peninsula calls for particular alarm. Pyongyang is ignoring the demands of the

74 UN Security Council and is continuing to make threats with nuclear missile ex- periments. We hope that the North Korean side will listen to the voice of reason, refrain from taking new irresponsible steps”. Russia is also concerned with South Korean and United States’ military exercises in the Korean peninsula, as they consider actions by one side may lead to additional counter-action by another side, creating a negative spiral witch can became a real risk of full- scale military conflict in the region. Lavrov said that a “mutually acceptable solution should be found in the aspect of creating a reliable and effective mul- tilateral international legal mechanism of peace and security within Northeast Asia”. Moscow recognizes North Korean’s right to develop a peaceful nuclear program and stance that all countries involved should act moderately with the intuition to avoid any potential conflict and negative humanitarian consequences due to hasty imposition of unilateral sanctions.

URUGUAY as a signatory of the Non-Nuclear Proliferation Treaty condemns any nuclear threat. According to the Ambassador José Litis Cancela declaration, during the Eighth Review of the NPT in 2010, “Uruguay as a state that never has had nuclear weapons (…), shares the legitimate preoccupation of the international community majority in assuring genuine ways of protection against the threat of the use of nuclear weapons”. Like most countries, Uruguay repudiated any nuclear manifestations against pacific uses. Uruguay agrees with the application of resolutions, but stress that it should not have a negative impact on the delivery of humanitarian assistance.

SENEGAL is a signatory of the Non-Nuclear Proliferation Treaty and had rati- fied the African Treaty for Nuclear Weapon Free Zone. The last one, reinforce the agreements of no nuclear proliferation, promotion and cooperation of nuclear energy pacific use and protection of African States against possible nuclear attacks in their territory. Besides that, as Senegal keeps close relations with France, his old metropolis, it is align with France’s position related to nuclear themes. Senegal believes that all goods headed to North Korea must be inspectedin order to exert pressure on Pyongyang.

THE UNITED KINGDOM strongly condemns there cent conducted nuclear tests by the Democratic People’s Republic of Korea and supports the new UN measures against the country, together with the autonomous sanctions imposed by the European Union aimed at strengthening further penalties against the DPRK determined by the UN. The UK believes that these tests pose

75 a serious threat to Peace, regional and international security. The EU sanctions additional measures related to trade in conventional arms involving the DPRK andex port to North Korea of certain key materials for the ballistic missiles sector, besides financial restrictions on the banks. The State points out that the new UN resolutions are not meant to have consequences or damages for actions of international humanitarian assistance in the region. The UK supports there sumption of the Six – Party talks and hopes to find a diplomatic solution for the problem, besides encouraging all States to implement the provisions of the new resolution in its entirety.

NEW ZEALAND strongly urges that North Korea cease its nuclear weapons tests in addition to commit to no longer develop, test or possess them. The country sees the attitude of North Korea as provocative and irresponsible, and believes that this is one of most serious threats to international non-proliferation regime. The actions of the North Korean government defyInternational Law and Security Council resolutions, which New Zealand supports. The country hopes that the Democratic People’s Republic of Korea will choose a path that meets the basic needs of its citizens and return to the negotiations on the de nuclearization of the Korean peninsula.

THE ARAB REPUBLIC OF EGYPT as a signatory to theTreaty on the Non-Pro- liferation of Nuclear Weapons, expressed concern at there cent nuclear activities of North Korea, claiming that this presents a new threat to the nuclear non-proliferation system, undermining the universality of theTreaty and its role in banning the proliferation of nuclear weapons and support for international peace and stability. The persistence of such violations of the Democratic People’s Republic of Korea increases tensions and feeds the nuclear arms race and instability on the Korean peninsula. Egypt will remain committed to their position to achieve the universality of the NPT and stresses that the new UN measures will not aggravate the humanitarian situation.

VENEZUELA agrees that North Korea has to extinguish the nuclear program and resume the Six-Part-Talks.

To MALAYSIA, the development of nuclear weapons, by any country, cannot be tolerated. Regarding the threats to international security made by Demo- cratic People’s Republic of Korea, Malaysia emphasizes the need to resume the Six-Part Talks and that the negotiation would be beneficial to North Korean

76 State. Malaysia, also exposes, the support with the delegation to resolution’s language in order to avoid consequences against legitimate interest.

FRANCE after the last nuclear test on January 2016 and the launches of ballistic missiles on March 2016 and April 2016, France, with the other members of Security Council, agrees on hardening the sanctions already imposed on North Korea at the Resolutions 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013). The Republic Of France sees that measure as way of achieve de- nuclearization of North Korean State in order to establish the peace and safety on region.

CHINA is North Korea’s most important ally, biggest trading partner, and main source of food, arms, and energy. It has helped sustain Kim Jong-un’s regime, and has historically opposed harsh international sanctions on North Korea in the hope of avoiding regime collapse and a refugee influx across their 870-mile border. Pyongyang’s fourth nuclear test as well as a ballistic missile launch in early 2016 have complicated its relationship with Beijing, which has continued to advocate for the resumption of the Six Party Talks, the multilat- eral framework aimed at denuclearizing North Korea. Strongly condenms the recent conducted nuclear test, China’s Ministry of Foreign Affairs released a statement that it “firmly opposes” this and any future nuclear tests by North Korea. Spokeswoman Hua Chunying told reporters that Beijing had not been given advanced warning of the test and would be summoning Pyongyang’s ambassador to lodge a protest.

SPAIN expressed his total disapproval to North Korea, the Ministry of foreign Affairs and Cooperation summoned the North Korean Ambassador Kim Hy- ok-Chol, to officially express that “firm condemns” about the release of Pyong- yang that missile breach of numerous resolutions of the Security Council of the United Nations prohibiting North Korea used ballistic technology.

ANGOLA supports a set of sanctions to be adopted by the U.N. Security Coun- cil (UNSC) to punish North Korea for its nuclear and missile tests, North Korea conducted its fourth nuclear test on Jan. 6 and followed it up with a long- range rocket launch on Feb. 7, both in violation of past resolutions. Cho said the adoption of such a resolution during Angola’s presidency would have “symbolic meaning for the development of bilateral relations,” according to the ministry.

77 6. QUESTIONS TO PONDER: 1. How to avoid states, substates and private organizations of giving funds to North Korea? 2. How can local actors deal peacefully with future threats from North Korea?

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