DISARMAMENT AND INTERNATIONAL SECURITY COMMITTEE

DISEC 1 LETTER OF THE DAIS

Hello everyone and welcome to DISEC. My name is Andre Diaz and it is my pleasure to be directing this committee along Rodrigo, Faviana and María Alejandra. I am currently a 7th semester Law Student in Lima that works in finance. I was introduced to the MUN world in 2016, when I joined Peruvian Debate Society. Ever since, I’ve debated in two HNMUN, one edition of MUNUR and once in HNMUNLA. My particular experience in MUN has always orbited around crisis committees. In such way, every committee I’ve ever participated in has had crisis elements. As a delegate that largely favours negotiation as MUN’s foremost skill, I find that the Directives Dynamic that crisis offers is unique in that constant negotiation and consensus-reaching is absolutely necessary for a delegate to stand out as a leader in his or her committee. Furthermore, a dynamic and ever-moving debate that is open towards flexibility (and delegates that push it forward) is what I look for in a Committee that I chair.

Both Independence Movements and Private Military Security Companies are topics in which I have a vested interest. I really do believe that the international community –with the General Assembly as its most important forum of discussion– has yet to reach a clear agreements and determinations on both subjects, that affect almost every in the UN. Furthermore, such topics represent, in my view, significant elements towards the maintenance of peace and security at an international level. First, I believe that the Repercussions of Independence Movements has yet to be discussed from a Peace and Security point of view. Last year’s developments in Catalonia, Scotland and have brought to the international eye the question of how nationalistic sentiment and self-determination intertwine with International Security of the regions in which Independence Movements operate. On another note, I find the worldview split around PMSCs and their existence is quite interesting to approach from a “private manifestation vs collective security” point of view. Furthermore, I expect delegates to delve in the repercussions of how PMSCs finance themselves and whether such a structure is beneficial to Collective Security, more so given Academi’s 2014 acquisition by Constellis Group. As much of life, there are no correct answers to these sub-debates, so I in particular expect the debate to be approached from a clearly-marked block structure that gives way to dynamic negotiation and middle-ground-reaching.

I really hope that you can contact us with any and all doubts regarding the committee, as I also value substantive delegate preparation highly and in this sense the Colombian circuit has never failed to surprise me. I wish everyone the best of luck.

Yours sincerely,

Andre Diaz [email protected]

2 Hello Delegates! Welcome to the Disarmament and International Security Committee of MUNUR 18’!

My name is Rodrigo Guzmán. I am currently a first year Music Student, looking for an specialisation in Music Business and Musical Production. I have been participating in Model UN since 2015 and joined Peruvian Debate Society in 2016. Since my incorporation to the team, I have had the opportunity to push myself to the limit debating conferences such as Harvard National Model United twice, Harvard National Model United Nations Latin-America and MUNUR 17’. What I find interesting of MUN is the fact that helps you to know yourself, your capacity and limits, assuring the holistic development of social skills. As a chair, I like dynamism in the debate, as well as delegates that push the debate forward. Although diplomacy is a very important aspect of the delegate, negotiation and leadership will be two key points to define the way the committee is seen by me as a Director.

My point of view of the two topics is that they are both rich in information and specific cases. In the case of Private Military and Security Companies, I find very controversial the reasons why people can accept the conditions of this job, besides the International Law principles involved in each of the specific situations and the way they can be compromised during conflicts or operations. What I look for in this topic is a polarized debate that can push your skills to the limit. In the case of Independence Movements, is very important to recognize the impact of the topic all around the world during the last months, is a topic with a lot of grey areas that can and should be discussed, including the way that Human Rights are involved. In this topic I would like to see a more technical debate, looking for the definitions that need to be established in order to stabilize the situation inside the countries that count with the movements mentioned in our case studies.

We are definitely open to all the questions you may have regarding the topics or the dynamics of the committee, we are going to be happy to guide your preparation and focusing of the debate!

Best of luck,

Rodrigo Guzmán [email protected]

3 My name is Faviana Gonzalez and and I am pleased to have the opportunity to be the moderator of the first committee of the General Assembly of the Model of the United Nations of the Universidad del Rosario.

I was born in Lima, Peru and I am currently studying Communications at the University of Lima and planning to specialized in the area of Corporative Communications. I am part of the International Delegation of Peru since 2016 and I have been able to participate in national and international conferences, including HNMUNLA 2017 and 2018, Worldmun 2017 where I debated in the DISEC committee in Canada, and Worldmun 2018 where I managed to obtain a diplomacy award in the Unicef committee, in Panama.

In my free time I like to carry out activities such as being part ofmy University’s International Relations’ Club and the PALS program, which is responsible for receiving foreign students at the university. I am also part of the international debate promoter: PRIDE. I like to travel, know different cultures, share different ideologies and have experiences out of my comfort zone, and it is gratifying that the models of the United Nations allow me to do all of this with an academic purpose.

During the conference, I invite you to contact me for any questions. I really enjoy the spontaneity of the delegates and I value creativity a lot. Because security companies working and private military during war are apparently the new business industry and a independence movement can cause trouble and drastic consequences in International Security , we have very high expectations and look forward to find innovative solutions for the two issues that arise.

Sincerely,

Faviana González [email protected]

4 Welcome everyone to this edition of MUNUR’s DISEC! My name is María Alejandra Correa and I’m extremely excited to be presiding this committee, one I hold very dear in my heart. I am about to graduate in Journalism and Public Opinion from Universidad del Rosario. Currently, I’m doing my internship in a agency and learning as much as I can from a professional environment. I thoroughly enjoy debating, international journalism and any highly justified argumentation. I’m relatively new to the MUN circuit, only having participated as a delegate for two and a half years. Nonetheless, the short amount of time I’ve been taking part in models is not directly proportional to the level of quality that amounts to my experience. I’ve had the honor of representing my University in different competitions, national and internationally. One of the most challenging and competitive ones was definitely HNMUN, scenario where I had the fortune on competing twice, earning a Best Delegate Award. I’m usually very brief (excessive words are more likely to be confusing than explanatory) so I would like to finish up by stating that both topics presented on this guide are deserving of a fruitful and responsible debate, and I’m hopeful that you will live up to my high expectations.

Sincerely,

María Alejandra Correa Barrera [email protected]

5 TOPIC A: PRIVATE MILITARY & SECURITY COMPANIES

history of the problem and discussion British soldiers, their lack of expertise in civil warfare was palpable. PMSCs became an asset that could Introduction assure political legitimacy and stability by offering trained and skilled military personnel. As stated by The history of mercenaries, fighters hired for military Baum and McGahan: operations by states or city-states, can be traced back across centuries. Opinions differ but historians have Unable to clearly define their interests or to tracked down the origins of private military services mount armies effectively in intrastate conflict, the as far as Late Bronze Age (Brauer, 1999) to ambivalence of Cold-War-era sovereign authorities 11th century Northern Italy (Brooks, 2000) . Even so, created a vacuum in security and policing in conflict commercialization of security begins in Europe, as a areas. This, in turn, created opportunities for PMCs result of cities beginning to tax their citizens in order to contract directly with developing states to provide to pay a third party to guarantee their security and security details and even combat forces. Unlike their defend their territory. Soldiers for hire began being sovereign counterparts, PMCs were typically willing commonly used during the Middle Ages, and its use and able to become involved directly in the intrastate spread during the Industrial Revolution, as a result conflicts of developing nations that erupted as the of technological advances and country’s reliance Cold War ended (2009, pg. 24) . on their military for protection (Baum & McGahan, 2009) . PMSCs

However, the rise of modern Private Military and In order to better understand the history of PMSCs Security Companies (PMSCs) is part of a military and its current situation, it is mandatory to first downsizing phenomenon introduced during the end agree on a comprehensive definition. The private of the Cold War. PMSCs can be considered a result of security industry, which includes PMSCs, can be the changing dynamics revolving around the nature defined in broad terms as “the corporate evolution of warfare, dynamics that were mainly characterized of the age-old profession of mercenaries” (Alabarda, by the privatization of national security affairs, 2007) . Nevertheless, perhaps a better definition is globalization, the introduction of non-state actors the one offered by Joel Baum and Anita McGahan, into war and an increasing need for armed troops. who defined PMSCs “as legally incorporated entities These global trends affected states’ military and that offer battlefield services for hire and that take governance structures, by making PMSCs part of a as their customers – at some points in time although discourse that justified its use in terms of affordability certainly not in every instance – sovereign military and profitability. authorities” (Baum & McGahan, 2009) . These private enterprises provide a wide range of services, A Post-Cold War period made PMSCs a preferred such as “offensive combat operation; armed security option for states and other organizations, in services in unstable states; humanitarian protection, comparison to traditional military employment. The operations, and support; military surveillance, reason behind this could be best explained with an strategic advice, and intelligence; demining; military example. During 1993 the United States’ military and police training; logistics and supply for military tried to secure an important territory in Mogadishu, operations; hostage situation advice and/or rescue Somalia, failing due to a lack of local knowledge of operations” (Brooks, 2000) . the area and its dynamics, despite having great technological advantages. Intrastate conflicts were part of uncharted territory for both American and 6 PMSCs can in turn be regarded as corporate entities Still, for states, PMSCs offer practicality, economic that are legally bound by contract to their clients, advantages and functionality in an era where conflicts and as such, can be held accountable, which is one are often complex, and maintaining a military of the main arguments used to legitimize private strong base is both expensive and not necessarily military contractors as a reliable option that bears effective. Although this might be initially a strongly no immediate relation to mercenaries. This is justified perception, as maintained by Global Policy controversial since for some experts PMSCs are Forum, there is no substantial evidence that proves essentially just hired soldiers, whereas for others that privatized militaries are less expensive than they fact that they offer more than combat services, conventional militaries, and that their benefits have for example, technical and operational support, been widely exaggerated: justifies their use and exemplifies their distance to mercenaries. One of the biggest issues related to Furthermore, the assessment of the gains of contractors in combat and other military operations privatization is too narrowly drawn and fails to relies on the fact that it remains difficult to follow include the industry’s hidden costs. Private security a precise guideline when ascribing responsibility firms make a private profit out of war, and shift the to either the government or the private security cost of negative externalities to the public. Because providers during warfare when international law is these costs are often non-economic, they are not not being complied with. factored into the final price tag of private security services (Global Policy Forum) . Corruption and impunity are potential outcomes of this scenario; in fact, the outsourcing of responsibility In spite of this, the propagation of PMSCs has made has become a main concern for organizations such possible the exponential growth of the security as Transparency International: “To this day, countries market, which was valued at USD 277.02 Billion continue to claim that core military responsibilities in 2017, with the United States being the largest are not outsourced to PMSCs. However, in most cases, purchaser in the industry, and is expected to surpass there is no official definition of what constitutes the USD 530 Billion by 2022 (MarketsandMarkets, “core military responsibilities”—hence, many of the 2017) . contracts awarded to PMSCs are only vaguely defined (...) Employees of private companies are increasingly The purpose of this committee is ultimately to assuming responsibilities that may involve their direct evaluate whether PMSCs represent a direct threat participation in combat operations” (Transparency to global peace, and whether there is a need for International Germany, 11 February 2016) . a commanding resolution that could constitute as a strong basis for binding standards that could Another likely disadvantage lies on the fact that regulate the private security industry and guarantee PMSCs could essentially compromise government transparency. institutions, yet one could also argue that restricting states’ actions taken towards the protection of its citizens is violating their sovereignty. Efforts to establish better regulations regarding the involvement of private military contractors in conflicts have been addressed as a possible course in order to monitor PMSCs’ actions and guarantee both theirs and their employers’ accountability. Nevertheless, to define clear standards for such practices could mean legitimizing and further proliferate their use, which could be counterproductive, taking into account one of the PMSCs’ main incentives is the prolongation of conflict (Baum & McGahan, 2009) .

7 UN PAST ACTIONS

Throughout history, mercenaries have always been Law) and IHRL ( International Humanitarian Rights an important part of armed conflicts, taking into Law) could apply to states in their relations with consideration that its definition have always been PMSCs , the Working Group has observed that blurry and their actions judged by different states there are challenges to the application of domestic and entities according to International Law. Since the laws, in particular for international PMSCs operating Geneva Conventions published that the mercenaries in a foreign state, and difficulties in conducting cannot be recognized as legitimate combatants inside investigations in conflict zones. The effect of this an armed conflict, several ways of similar action situation is that PMSCs are rarely held accountable appeared within time, being the Private Military and for violations of human rights. Security Companies one of them. These companies (in its modern condition) trace its origins in 1965, International Convention against the Recruitment, where ex- SAS british veterans founded WatchGuard Use, Financing and Training of Mercenaries (2001): International, with the purpose of being contracted more commonly known as the UN mercenary offering private security services. convention, is a UN treaty that prohibits the recruitment, training, use and financing of mercenaries. The convention entered into force in The Montreux Document on Private Military and 2001 and has been ratified by 34 countries. Some Security Companies (2008): The Montreux Document countries with large militaries have not ratified the is an intergovernmental document intended to convention and include China, France, Japan, India, promote respect for international humanitarian law , The United States and the United Kingdom. and human rights law whenever private military and security companies are present in armed conflicts. It There are several documents that can assure the was launched by the Government of Switzerland and developing of this topic such as the ASIS Commission the International Committee of the Red Cross. It was on Standards or other specific analysis of International finalized by consensus on 17 September 2008 by 17 Humanitarian Law and its application on this matter States. The document lists some 70 recommendations that can be used in order to enrich the debate. for good state practices. It is suggested that the UN should use PMSC forces The United Nations established in 2005 the Working in order to reduce expenses and participation in Group as the Human Rights Council Resolution 7/ conflicts from Member States. However, the UN 21 stated is “To monitor and study the effects of releases very few information about its contractors. the activities of private companies offering military The use of these private companies would also assistance, consultancy and security services on the result controversial because the International international market on the enjoyment of human community will be accepting them and these would rights, particularly the right of peoples to self violate some international law. But PMSCs have determination, and to prepare draft international been used extensively by the UN for several basic principles that encourage respect for human assignments,however, there is no evidence indicating rights on the part of those companies in their that the Organization has used them so far for combat activities”. purposes in the front-line, exists the possibility that they have been used for preventive or logistical This UN Working Group on Mercenaries has found purposes. that there is a regulatory legal vacuum covering the activities of PMSCs. And also a lack of common standards for the registration and licensing of these companies, as well as for the vetting and training of their staff and the safekeeping of weapons. While a number of rules of IHL (International Humanitarian 8 CURRENT SITUATION

As Private Instruments As a Wider UN Force

Private contractors perform military and military The United Nations, several times had made conjoint tasks in situations of armed conflict such as the work with PMSCs, specifically cases of constant ones in . PMSC employees often find themselves patrolling or geographic responsibility. However the working in a situation of armed conflict where they UN have made efforts to regulate the PMSC system are constantly exposed to “great risk and immediate and avoid disruptive situations in international law. danger” in a “hostile environment” including but not They have not been used in combat roles, but UN limited to “the threats inherent in a war situation” reliance on these firms is growing as its personnel , as indicated in the contracts they sign to be become increasingly targeted in zones of conflict. hired. Recruited by PMSCs, these individuals often In countries like Afghanistan and Somalia, the UN is operate with limited oversight or army control.As wary of relying on local police forces, and therefore Government instruments: PMSCs execute tasks of resorts to private contractors to protect its personnel specific governments in foreign countries, these and facilities. Legitimate concerns have been raised duties usually require a condition of discretion. over the use of PMSCs to provide protection for UN staff, as it may create conditions where the personnel Post Conflict environment of said PMSCs are more vulnerable to attack. Nevertheless, this tendency has grown over recent In Post-Conflict Events, PMSCs are used for Peace years and has caused global apprehension. This trend Support Operations (PSOs). The concrete task of the could eventually challenge the perceived neutrality PMSCs in environments damaged by any exacerbation of UN field operations around the globe . is to avoid the resumption of the previous conflicts or the creation of more parties that can be possibly Several sources affirm that international involved in further hostility. organizations like the UN rely on PMSCs in order to perform several and very distinct tasks : from Governments repeatedly assert that PMC employees construction of barracks and transport of goods, are ‘‘civilian contractors’’, implying that they do not to risk analysis, security training, crisis management perceive these individuals as combatants and this is advice, security assessment intelligence, policing, because the companies known as PMSCs also provide demining, ordnance disposal and other forceful tasks. a wide range of services apart from the mentioned combat functions. Such functions can range between The Organization not only has requested PMSCs translation, intelligence, logistics, demining, military services through the headquarters but also through training, close protection, bomb loading on aerial subsidiary organs in the field, programs, agencies, vehicles like drones . Giving the activities they departments, and divisions, along with the World perform, and the blurred lines in they actual status in Food Programme (WFP), the UN Development international law,it should be a difference in naming Programme (UNDP), the UN Children’s Fund (UNICEF), these distinctions between companies. However and other UN missions. it has not been possible because this activities undertaken by these private companies are tasks “The engagement of private military security historically done by the military. companies in UN peace operations entails multiple legal questions. This dissertation is especially intended to shed some light over the extent to which PMSCs deployment in UN peace operations is compatible with international humanitarian law and how the law of institutional responsibility deals with the violations of international humanitarian law committed by such companies when providing services to the UN.” 9 We also have to take into consideration that in the such as the proposition of their founder about International Community there are some resources privatizing the migrant crisis in Libya, several disputes we can and must use in order to identify the with the Supreme Court and their Human Rights specific actions that a Private Military and Security record, that is not very encouraging. Company can and cannot do. In this sense, the ICoCA (International Code of Conduct Association) is a very important part of this topic. This association promotes, governs and oversees the implementation of the International Code of Conduct and promotes the responsible provision of private security services. Statista, a statistics portal, shows us their vision of the Outsourcing Security as to 2013 (see figure No. 1).

Blackwater

As to illustrate an empirical case that materializes many of the challenges and controversies around this topic, the case of Blackwater can be the perfect example of how the lack of regulation and supervision of the duty of these enterprises can be perjudicial to the wellbeing of their own operations and for the security of the of the area they are working in. There’s a note The Guardian did about this PMSCs making specifications about how this company violated weapons law facing new legal difficulties.

In 2008, the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives charged a ranch in North Carolina because agents found 22 automatic weapons, including AK-47s, in potential violation of the law that bans private individuals or companies buying such weapons registered after 1986. Figure No. 1

Among those facing charges are Gary Jackson, the company’s former president until last year; its former general counsel, Andrew Howell; and former vice president Bill Mathews.

The fresh round of federal legal trouble is a blow to Blackwater, which has been trying to rebuild its reputation under its new name Xe Services following a series of damaging allegations about its conduct in Iraq. In 2005 Blackwater guards became embroiled in controversy after they shot into an Iraqi civilian car, and the following year a drunk employee killed an Iraqi security guard. (The Guardian, 2008) As this, there are many cases involving this company

10 PROPOSED SOLUTIONS AND BLOC POSITIONS

War pushes industries and with this, private military Likewise, James Pattison, lecturer in politics at the and security companies get an opportunity. This is University of Manchester, considers that employing seen as a solution for the necessity of war specially PMSCs is a complex subject, and there are strong, if these are extensive. While society still perceives justifiable arguments that both support and oppose this kind of companies as immoral. Ten years ago to their legitimacy. However, he acknowledges, the this business had the stereotype of being run just by proficiency of private military forces cannot be seen north American companies. But today the industry as something desirable, since the risk of augmenting is more globalized and people from all around the a state or organization’s capability to exert violence world participates. As Russia or Nigeria, for example, is fundamentally, and morally, wrong. Pattison states using close to 100 private military contractors to the following: defeat Boko Haram. One of the benefits of this industry is that it can cost less than national army Although I reject the claim that the use of PMSCs and is capable of maintaining political stability; undermines the social contract, I assert that the however, nowadays these contractors are getting use of private force potentially undermines both involved in this international business and there is communal bonds and a state’s ability to fight just an ever existing risk that any person with sufficient wars. In the third section, I argue, further, that there economical means could start a war. is something morally amiss with having military services as a commodity to be traded on the market. According to a Global Policy Forum 2012 GPF Overall, then, I claim that, even if PMSCs were well report revealed the United Nations has dramatically regulated, there are reasons to eschew the use of increased its use of PMSCs in recent years, hiring private force (2010) . them for a wide array of security services and giving them considerable influence over its security policies. The committee should try to address the point This report also states that there is a lack of guidelines that Pattison tries to highlight, when considering regarding the UN when contracting private military resolutions: ¿Should PMSCs’ services be considered security, it has hired companies known for their as goods that are subject to the standards of the misconduct, for example. The UN argues that such market? Furthermore, solutions have been proposed companies provide much-needed additional security in order to decode the problematic revolving around in circumstances that can’t be matched by in-house PMSCs, which include prevent states’ from relying staff. They appeal to cost effectiveness, availability, too much on the private security industry by adopting and the need for a last resort option. National and binding international mechanisms to control their International Law have been modified to regulate the use. Independent civil organizations have tried to use of public armies but this has not included modern generate pressure to guarantee strong regulations for private security contractors. PMSCs’ control. The campaign Coalition Control PMSCs, for example, published a declaration It could be considered that hiring PMSCs raises in which strengthening the responsibility of states threats against the foundations of the modern state under international humanitarian law, establishing and its sovereignty, mainly because providing security jurisdictional mechanisms for PMSCs and reinforcing for its citizens is part of their duties. Immanuel Kant, the state’s obligation to guarantee reparations are the 18th century German philosopher, in his essay some of the recommendations that could potentially “Perpetual Peace: A Philosophical Sketch,” laid out provide a foundation for a comprehensive resolution the steps to be taken by what we call today the (2010) . private sector, he was always for the private sector.

11 QUESTIONS A RESOLUTION MUST ANSWER

1. What are the mechanisms each government can develop in order to depend less of the Private Military and Security Companies in the future?

2. How should members of Private Military and Security Companies be judged in case of committing any violation of Human Rights during an operation?

3. Are Private Military and Security Companies a threat for national sovereignty and local security mechanisms?

4. How can relations between Private Military and Security Companies and United Nations Forces be improved in order to reduce the risks of the conjoint operations to the minimum?

5. Should any supervision and monitoring system be installed in order to manage Private Military and Security Companies actions? How can it be implemented, taking into consideration the lack of international entities that assume this role?

12 Topic B: The Implications of Independence Movements on International Security and Peace

History of the problem and discussion Furthermore, independence movements in territories with weaker institutions and a fresher history of Introduction violence such as in Iraq and the Rohingya in Myanmar may result in armed confrontation with During recent years, the world has witnessed the rise the State that controls the territory of claimed of independence movements in visibly distinct parts independence and the subsequent commission of of the world. Catalonia, Scotland, Kurdistan, Rohingya crimes against humanity from either side. Inversely, and many other collective manifestations advocating some others have argued that independence for increased or complete self-autonomy over a set movements in territories with power vacuums territory have developed in a context of increasing represent a chance at the pacification of the region and isolationism. It can be argued –and it and the elimination of other groups that represent has – that such movements share common elements higher perils to Peace and International Security with other international manifestations of sovereignty . The most notable example in this respect is the such as the weakening of the EU with movements military action taken from Kurdistani fighters to stop like Brexit in the UK and its homologous forces in and diminish the territorial expansion of widely- states such as Italy, France, Belgium, Hungary and recognized terrorist groups such as ISIS in Iraq and the Netherlands; or the rise of political movements . with nationalistic-based discourses that advocate for increased autonomy and decreased dependence In direct contradiction to the last point, other from the International Community such as Marine Le Nations have made their policy that recognizing the Pen and Donald Trump. These movements have led to independence of claimed regions such as Palestine internal civil unrest, with confrontation between the in Israel poses a direct threat to their own security State and the Movements rising in different measures as this gives leeway for the development of arms and intensities. For example last year’s events in and offensive military elements. Israel’s current Catalonia in the follow up to the Referendum left Prime Minister, for example, has previously stated over 700 severely injured. the following: “I think that anyone who moves to establish a Palestinian state today, and evacuate areas, is giving radical an area from which to attack the State of Israel” (Netanyahu, 2015) .

Although the causes of these seemingly reactionary movements have been thoroughly studied, the International Community is yet to touch base with the idea that these Movements have effects over international peace and security that have yet to be discussed by a United Nations Body. In this context, The Disarmament and International Security Commission of the UN rises, by excellence, to be the forum in which such debate must take place.

Violence erupted in Catalonia surrounding last years’ independence efforts. Source: El País 13 The problem that must be solved is, thus, how seeking secession. This issue may also be problematic must self-determination be exercised harmoniously towards host nations, as nationalistic groups tend with international security and peace in territories to break with the traditional bonds that make up independence movements have claims over and the fabric of national identity and promote parallel whether these movements constitute, by their sole territorial identities. A possible exemplification of existence, perils to global security and peace. this last point might the reportedly violent repression against Uyghurs, a Turkic Muslim ethnic minority, in Independence Movements the Chinese region of Xinjiang.

The term independence movement refers to a group The People’s Republic of China has historically of individuals that advocate for self-governance and responded rather aggressively to any attempt at political independence from an external party or cultural or political isolation from the mainland, host state . In many parts of the world, governments which can be witnessed in China’s approaches put obstacles to or outright refuse the granting towards Taiwan or the . A 2016 article on The of complete autonomy to certain secessionist Diplomat reported the following regarding China’s movements who mobilize politically or militarily ethnic policy: “(...) the present administration further to be withdrawn from a specific political entity, in strengthened its control on public order, increasing some cases being successful, such as in South Sudan the presence of the People’s Liberation Army (PLA) in and East Timor . Measures taken by states in regard Xinjiang and Tibet. Last year alone it is reported that to independence Movements and their and self- more than 1,400 people were convicted for harming determination claims can range from independence national security” (Jing, 2016) . This emerges as referenda , the declaration of the illegality of secession an example of how independence movements, as , movement illegality and censorship (Davis, 2012) to nationalistic manifestations, can be conceived as direct armed violence, such as in South Sudan. This serious threats for any state that seeks to maintain helps the assertion that independence movements unity by developing national identity. can arise from causes different to State weakness or power vacuums and are not only confined to unstable The Principle of Self Determination and under-developed regions of the world with failed states. Authors mostly coincide in that self–determination as a principle that guides international relations is The transformation of multinational states is a global not a creation of the 1946 Charter but rather the phenomenon that gained momentum through the recognition of certain pre-existing conditions that disintegration of the at the end of the needed to be engraved as principles of the United 20th century. Independence movements can be Nations. Hannun, for instance, states that the principle justified by a range of diverse arguments, but their of self-determination by “national” groups developed cause is mainly sustained by ethnic, economical, as a natural corollary of developing nationalism historical, religious or cultural factors . Another in the eighteenth and nineteenth centuries. As common element to potential would-be states is the central authorities of the Ottoman, Austrian, that their claim generates tension within the polity German, and Russian empires pursued increasingly they are trying to separate from . This can result in a assimilationist policies or began to weaken military violent conflict, which is often asymmetrical and goes and politically, initial demands for autonomy and in detriment of the Nation’s stability. total independence (Hannun, 1996, p.27) . This hints towards the determination that Independentism is a Independence movements hold an intricate manifestation of nationalistic tendencies rather than relationship with nationalism and nationalistic the intended exercise of an artificial right. sentiment. Nationalism is characterized broadly After the Second World War, the international “as an independent, and often divisive force, that manifestation of this Principle has been carried offers fragmented responses and expresses alternate through the UN Charter and Resolution 1514. The solutions within the traditional society” . Nationalist United Nations Charter recognizes the Principle of sentiments may seek to establish a sort of familial Self Determination through Article 1.2 that reads: bond between the citizen and the state or group 14 To develop friendly relations among nations based The Implications of Self–Determination on Peace and on respect for the principle of equal rights and Security self-determination of peoples, and to take other The collective desire to determine the fate of a group appropriate measures to strengthen universal peace of people is still part of a controversial debate amongst the international community, mainly because there This principle of the Charter has been developed are no strict guidelines in regard to the principle of through Resolution 1514 (1960) that further declares self-determination for a national group, even though that: it is a right recognized in the UN Charter and it is widely accepted fact at an international level that a 2. All peoples have the right to self-determination; minority can determine its own political fate. It could by virtue of that right they freely determine their be argued that the refusal of a host state to allow political status and freely pursue their economic, the independence of a potential state that remains social and cultural development; under its jurisdiction sets a precedent that risks any 3. Inadequacy of political, economic, social or individual’s right to self-determinate. However, a educational preparedness should never serve as a would-be state’s’ right to self-determination could pretext for delaying independence; jeopardize an already recognized state’s sovereign authority, its territorial integrity and national unity. These manifestations have led authors to conclude that The Principle of Self Determination constitutes The latter is built around the premise that “there is a central element of International Law and its some evidence that secessionism in one part of a exercise by individuals or groups is the exercise of country tends to spread to other parts of the same a Fundamental Human Right . A shallow read might country” and that “there is also evidence that when a tell us that secessionist groups and independence central government fails to put down one armed self- movements are in full exercise of the International determination conflict, another one is more likely Principles that the Charter recognizes and that their to emerge in the same country” . Contagion theory causes are fully legitimate. How, nonetheless, must surrounding the tolerance for Self-Determination this Principle be understood and exercised amongst exists and seems to be prevalent. The trend of other principles? independence movements in Yugoslavia, the Soviet Union, and Czechoslovakia after the Fall of the Berlin The principle of self-determination can be understood in binary form, including an external and an internal right of Peoples to self-determine (Sterio, 2018) . This difference remains relevant in contemporary discussions, mainly because a secession is viewed as a last resort option: “Today, it may be concluded that international law bestows on all peoples the right to self-determination, but that the right to external self-determination, exercised through remedial secession, only applies in extreme circumstances, to colonized and severely persecuted peoples” (Sterio, 2018) . In that regard, international law maintains a position regarding Secession rights in the sense that unless there is a case of oppression, secessionism cannot be exercised lawfully .

The Committee will provide a platform to discuss the possible tensions between international law and a host state’s internal law, and whether the consent of said host state is absolutely necessary if a state is to declare its independence.

15 Wall might be the best case-in-point for such a In such context, delegations at the committee will theory. need to discuss if the repercussions of independence This double-edged sword that Self-Determination movements on regional and national peace and poses for governments has led to repercussions at a security and ponder their proposed solutions against Peace and Security level as well. Increasing reticence the highly observed effects of national sentiment and from governments to tolerate independentist efforts independence sentiment on past and present conflicts has arguably led to implications on the stabilization in order to reach proposals that are harmonious with of regions emerging from internal conflicts between the purposes of the DISEC. movements and states. For instance, the rate of internal independentist activity and conflicts derived from such unrest increased after the most acute stages of the aborted Catalan independence efforts. Furthermore, increased national sentiment and rise of secessionist movements in the Balkans after the power vacuum left by the Soviet Union has been widely documented as one of the main causes of the Bosnian War, that left over 97,000 casualties according to consensus estimates and regional tensions that hold to this day. Finally, one of the most notorious independentism showcases –The Palestine Question– continues to generate instability and UN– condemned actions of violence.

16 CURRENT SITUATION

Case Study #1: Kurdistan The negotiations did not effectively decrease conflict for Kurds, who were immersed in a civil The Kurds are an that resides in what conflict in 1994 which prevented the establishment today are south-eastern , north-eastern of an unified nationalism in the past. The Syria, south-western Armenia, north-western implications were acute: “The four-year civil war and northern Iraq territories. Kurdistan, the widely that ensued (1994-1998) further destabilized the accepted name for Kurds’ homeland, was part of region and left it politically and administratively a promised state provisioned in the 1920 Treaty of fragmented” (Natali, 2013, pg. 72) . In addition to Sevres (BBC, 17 October 2017) . The treaty made that, the Kurds were openly engaged in hostilities possible the independence of Kurdistan after the with Iraq; this is still an issue in the region because of the , but in order to Kurdistan’s secesion could undermine Baghdad’s avoid conflict with a rising nationalistic Turkey, the authority. If the conflict were to rise, neighboring Allies decided to negotiate a different agreement. countries such as Iran and Turkey could be affected. According to peace-building expert David L. Phillips, Needless to say, there exists a concern regarding the the British were not keen on resurfacing tensions or potential threat that the independence of Kurdistan originating new entanglements with the Middle East, could represent in the Middle East. Iran, for example, especially after realizing they lacked the resources fears the consolidation of a Kurdish state in Iraq could and political will to create a unified protectorate on empower its own repressed population of Kurds into the would-be Kurdistan territory: “Peace with Turkey demands of secession (Alireza et al., 2018) . would require giving control of Northern Kurdistan. Doing so would narrow Britain’s options Turkey has continuously opposed to any attempt in . Britain could not credibly sponsor at secession by Kurds, specially in Syria, fearing it an independent Kurdish entity in Southern Kurdistan, could provoke a revolution in Ankara (Totten, 2018) while abandoning other parts of Kurdistan to Turkey” . President Erdogan has even threatened on blocking (2015, pg. 17) . oil exports in Kirkuk and invading if Kurds declare independence in Baghdad (Al-Jazeera, 2017; Totten, On 1924, the new treaty was enforced. The Treaty of 2018) , even though it could prove beneficial: “From Lausanne made no allusion to a Kurdish state, and Turkey’s vantage point, slow and steady progress the Kurds became minorities in Iraq, Syria, Iran and toward Kurdish independence has significant political Turkey (Phillips, 2015) . It has been argued that their and economic advantages, whereas sudden moves claim was sacrificed for the stability of the region by toward sovereignty—and especially any apparent preventing confrontations between the British and promotion of greater autonomy for Turkey. However, the Kurds didn’t abandon their and Syria—would pose political and economic risks” battle for unalloyed autonomy. It wasn’t until 1970 (Rand Corporation, 2016) . that was first given autonomous status, but it was followed by years characterized by On September of 2017 the Kurdish federated region volatility, mainly due to the fact that Iraq was trying in Iraq voted on a referendum, with a staggering to maintain its territorial integrity in the midst of 90% supporting independence, which triggered continuous conflicts. ’s presidency more tension in a region that is already destabilized presented new challenges: “In 1991, three years after by the presence of the Islamic State and Syria’s Baghdad’s chemical gassing of the Kurds as part of the ongoing internal conflict. Amidst this ever changing al-, Kurdish leaders met with Saddam dynamics, Kurdish patriotism has continued to for nine months to negotiate Kurdish autonomy” strengthen. Nowadays Kurdistan, leaded by its ruling

(Natali, 2013, pg. 71) . body, the Kurdistan Regional Government (KRG), has achieved military and political autonomy, lacking only international recognition. The existence of 17 Kurdish military forces, the , aggravates the People’s Liberation Army (PLA) in 1949, China’s the situation, essentially because their international approach to the region has been defined by one status has not been clarified and their battle with Iraq overarching goal: to integrate Xinjiang with China. for the control of the so-called disputed territories This has been a quest not only to consolidate China’s may end up sparking a full-fledged war: territorial control and sovereignty over the region but to absorb, politically, economically and culturally, The Peshmerga has been accused of a range of the twelve non-Han ethnic groups of Xinjiang into the international humanitarian law (“IHL”) violations PRC (Gladney, 2002, pg. 128) . and war crimes in the “disputed territories” of Iraq, necessitating questions regarding Iraq’s state According to Rémi Castets, from the Department of responsibility, the Peshmerga’s status under IHL, Eastern Studies of the University of Bordeaux, this and individual international criminal responsibility colonialist strategy was initially thought of as a way acts committed by Kurdish forces (...) Iraq may even for the communist regime to control and secure the have a duty to take more direct control of Peshmerga zone, but it didn’t prove beneficial for the central operations (Smith, 2018) . government’s interests:

Stability in the region remains precarious and has Thanks to the XPCCs, and also to migratory inflows not maintained presence of external forces, which further directly controlled by the state, the Han population broadens the complexity of the situation. The United has risen from 6.7% of the region’s population in States has tacitly supported Kurds; the latter were able 1949 to about 40% today, that is, more than seven to take the cities of Mosul and Kirkuk from Hussein’s million out of a total of 18.5 million inhabitants. But power after Bush liberated Kuwait and weakened colonisation has not stabilised the region—far from the regime during the (Cockburn, 2017) . it. Its socio-economic repercussions, together with The confluence of actors, historical connotations, Peking’s domineering attitude towards the regional political interests and instability in the region, could political system, have generated a malaise that has potentially transform Kurdish endeavor towards lent new vigour in recent years to independence into a threat for the international and (2003) . community. Rising nationalism is one of China’s growing concerns, Case Study #2: Xinjiang especially in Xiajing, due to its proximity with Afghanistan and the expansion of radical terrorism There are 1.3 billion people in the world’s most as a global phenomenon in the 21st century. Beijing populated country, approximately 104 million of has tried to appease discontent within the region by them do not belong to China’s dominating ethnic a process of state-led modernization (Gladney, 2002) group: the Han. The region of Xinjiang, known also as which has led to local economic growth. Nevertheless East Turkistan, is a reflection of the country’s multi- it has been mostly directed towards the Han areas, ethnic reality, having 47 of China’s recognized ethnic leaving Uyghurs with lower incomes, more difficulties groups (Xiaogang & Xi, 2013) ; however, there is one accessing education and fewer opportunities at the dominant group. The Uyghurs are Turkic-speaking job-recruitment system (Castets, 2006) . In addition and make up 46% of this autonomous to the aforementioned, China’s ethnic policy has province’s population (Xiaogang & Xi, 2013) . The also aimed towards a certain unitary sentiment, region, which is rich in hydrocarbons and mineral which in some cases has caused the attempted resources, and borders with Central Asia, Russia, materialization of a homogeneous chinese society. Mongolia and Afghanistan, has received a steady This can be counterproductive for cultural freedom flow of Han immigrants ever since 1949, encouraged and autonomy: “Since the 1990s, the regional by the Xinjiang Production and Construction Corps, government has been especially vigilant with respect a paramilitary organization subsided almost in its to illegal religious activities — all religious or cultural entirety by the government (Castets, 2006) . China’s activities that take place outside of state sanctioned insistence on integrating Xinjiang has developed parameters” (Gladney, 2003, pg. 129) . On 2017 a based on multiple interests: ban for “abnormally” long beards was introduced in Ever since Xinjiang was “peacefully liberated” by order to discourage radical Islam (BBC, April 2017) . 18 Xinjiang has considerable autonomy, but secession UN Resolution 1514 (1960) from China has been an interest for a minority that feels repressed and not identify by the PRC’s Han Resolution 1514 is the Landmark Resolution on majority, with The Independence Self-Determination and the foundation of the Movement (ETIM) being the most notable example Decolonization Process. It develops the notions of this. This separatist and nationalist movement has touched upon the by Article 1.2 of the Charter. In been tilted by the central government as a terrorist this way, it establishes that self-determination can organization and basically seeks the conformation be exercised freely and that no impediment based of an independent state which will be called East on social and economic conditions can be placed to Turkestan (Flu, Fletcher & Baloria, 2014) . This impede this exercise. political organization doesn’t necessarily represent the interests of the totality of the Uyghur population, However, the charter and resolution 1514 did not insist but the Chinese government has states that is has on full independence as the best way of obtaining self- ties with al-Qaeda and as such, represents a security government, nor did they include an enforcement risk for the country and the region. This had led to mechanism. Moreover, new states were recognized repressive policies in Xinjiang in order to contain by the legal doctrine of uti possidetis juris, meaning the separatist threat, which has in turn generated that old administrative boundaries would become increasing hostilities between Beijing and Uyghurs international boundaries upon independence if they that have been sustained on ethnic differences: had little relevance to linguistic, ethnic, and cultural boundaries . In July 2009, a fight erupted in a factory in the southern province of Guangdong when Uighurs UN General Assembly Res. 68/262 and ensuing UNSC accused Han Chinese coworkers of racial violence. failed draft resolution S/2014/189 on the Crimean A consequent demonstration organized by more Referendum than a thousand Uighur protestors escalated into a riot in Xinjiang’s capital of Urumqi, leaving more Following admitted Russian intervention, the than 150 casualties; it was the country’s deadliest Crimean Peninsula declared its independence from public violence since the 1989 crackdown on the Ukraine on March 14, 2014. The independence demonstrators in Beijing’s Tiananmen Square. Ilham efforts were swiftly recognized by Russia and its allies Tohti, a prominent Uighur economist who had in the region, who assured that over 80% of Crimeans written critically about government policies toward had the intention of seceding and becoming part of the ethnic group, was later detained and has since the Russian Federation . The West and over 45 other been placed intermittently under house arrest (Flu, nations condemned the independence and ensuing Fletcher & Baloria, 2014) . annexation of by Russia, claiming that the Ukraine’s national integrity and sovereignty were The dynamics that have taken part in China’s Xinjiang being breached by what seemed Russian intervention have reportedly caused even more radicalism in the in the Peninsula. After all, reports show that region by forcing its inhabitants to flee to neighboring undercover Russian troops were present throughout countries such as Pakistan and Afghanistan, in order to the voting process that resulted in an overwhelming escape Beijing’s security crackdown. This, according Pro-Russian victory. To this day, no major nation other to Philip Potter, specialist in foreign policy and than Russia recognizes Crimea as part of the Russian international relations, has made possible alliances Federation. between Uyghurs and jihadist factions in the Middle East (Flu, Fletcher & Baloria, 2014) . In light of this, the General Assembly passed Resolution 68/262, advocating for the territorial integrity of the Ukraine and denouncing the intervention. Later, the UN Security Council attempted to pass a binding resolution ordering the removal of Russian Troops and the cease of Russian intervention in Crimea, efforts that were aborted by a Russian veto. 19 These actions bring to light the debate if whether UN Actions in East Timor some independence movements are legitimate or not. Furthermore, delegates must ask themselves United Nations actions in East Timor continue to this if Foreign Interests such as Russia’s in Crimea day. In 1975, the region of East Timor, a majority- somehow invalidate the originalism and legitimacy christian enclave in majority-muslim Indonesia, of Independence Movements. Even more so as non- declared its independence from Indonesia. In the partisan polls did reveal huge favoritism towards next days, Indonesia occupied the territory, citing Russia in the Peninsula. territorial integrity, sovereignty and anti-colonialism reasons. The occupation left until 1999 over 180,000 UNSC statements on Kurd Referendum dead or starved according to The Commission for Reception, Truth and Reconciliation in East Timor . As coalition forces took Mosul from the Islamic State in 2017, the Region of Kurdistan announced East Timor serves as an example of UN Actions an independence referendum. Although these oriented towards the exercise of Self-Determination actions can certainly be seen as an exercise of self through secession. In 1999 UNSC resolutions determination, they were not supported by the established a transitional UN administration that was Security Council and Secretary General Guterres. The followed by an Independence Referendum in the same Security Council stated: year. Finally, East Timor became an internationally Council members expressed their continuing respect recognized independent state by 2002, year in which for the sovereignty, territorial integrity, and unity it joined the United Nations as a full member. of Iraq and urged all outstanding issues between the federal Government and the Kurdistan Regional The United Nations’ actions in East Timor are Government to be resolved [...] fundamental to the state-of-the-matter regarding the exercise of self-determination. Through its While the Secretary General said: resolutions, the UN supported East Timor’s unilateral The Secretary-General respects the sovereignty, declaration of independence. Such support was territorial integrity and unity of Iraq and considers troublesome, as the Revolutionary Front for an that all outstanding issues between the federal Independent East Timor (Fretilin) engaged in what Government and the Kurdistan Regional Government Indonesia called acts of terrorism. should be resolved through structured dialogue and constructive compromise.

These actions (of lack thereof) shine light on a key issue regarding the United Nations’ actions towards independence movements. How can such a right be exercised in a context that might result perilous to international peace? In this case, both high-ranking organs of the UN expressed their concerns regarding the International Peace repercussions of the Independence Referendum, right that is supposed to be covered by the Charter’s self-determination clause.

20 PROPOSED SOLUTIONS AND BLOC POSITIONS

The issue of self-determination, even more so secession, has traditionally transcended international bloc positions. Every other major nation has had internal independence movements (Russia, USA, UK, China) and has reacted, in different measures, in opposition to such movements. This, seemingly, has roots in the prima facie contradiction between national integrity and self-determination. However, some international tendencies can be detected. QUESTIONS At a wider international scale, the majority of A RESOLUTION Constitutions do not express the right of self determination either trough autonomical rule or MUST ANSWER outright secession. However, Liberal Constitutional Democracies tend to require the Principle of Majority rule to dictate secession or autonomy rights . Furthermore, the United States Supreme Court has 1. Which exactly are the repercussions of self- ruled that secession could occur “through revolution, determination on international security and peace? or through consent of the States.” . On a similar note, How must these be considered when determining the British Parliament stated in 1933 that Western the legitimacy of the exercise of self–determination? Australia only could secede from Australia upon vote of a majority of the country as a whole; the previous 2. Is the principle of self-determination an absolute or two-thirds majority vote for secession via referendum relative value? When, how and by whom must it be in Western Australia was insufficient. exercised as a right given its effects on international security and peace? Non-Western Powers such as China or Russia and the USSR have nominally allowed the right of secession 3. What is the treatment that must be given to but Independence Movements within these independence movements? When do these affect territories have frequently resulted in repression and/ states and regional security? What interventions to or violence. As an example, The Chinese Communist independence movements are legitimate for the Party followed the Soviet Union in including the right sake of security? What is the role of consent in the of secession in its 1931 constitution in order to entice exercise of self-determination? ethnic nationalities and Tibet into joining. However, the Party eliminated the right to secession in later 4. Can states legitimately impede the exercise of self- years and had anti-secession clause written into determination by citing security concerns? How is the the Constitution before and after the founding the sovereignty and security of a nation exercised along People’s Republic of China. with the right to self-determination of certain groups within its territories? What organisms, bodies or Finally, other non-power nations such Austria, nations can serve as a mediator (if there needs to be Ethiopia, or Saint Kitts and Nevis have expressed or mediation at all) between independence movements implied rights to secession within their constitutions and states? and or have allowed for the full exercise of secession within their territories. 5. Can secession ever be achieved legitimately through armed mobilization?

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