HNMUN 2012

Legal Committee

Dear Delegates, It is with great excitement that I welcome you to Harvard National Model United Nations 2012! My name is Dominik Nieszporowski and I have the honor to serve as your Secretary-General for the 58th session of HNMUN. I am currently a senior at Harvard concentrating in Applied Mathematics and Economics. Originally from Warsaw, Poland, I have participated in Model UN for more than 7 years now, having attended several conferences in Europe, North America, and Asia. Even though my primary areas of interest are focused on business and finance, I have always thoroughly enjoyed the opportunity to discuss major world issues with people from other countries that MUN offers. My other passions include international development and public service I have been particularly involved with programs creating educational opportunities for children in Africa. Sports also play an important role in my life having been brought up as a staunch Chelsea London supporter, and having tried almost all major disciplines from rowing to fencing, I settled on regularly practicing volleyball and swimming. This document will provide you with Welcome Letters from your Under-Secretary-General and your Director, the Study Guide for your committee, and the Rules of Parliamentary Procedure. The entire Secretariat and Senior Staff have committed countless hours to ensure that the substance and presentation of this document are of the highest quality, and that you are provided with the most useful tools to succeed at conference. Each Director has worked over the past eight months to provide you with the foundation necessary to continue your own exploration of the topic areas. We look forward to working with you to continue HNMUNs tradition of substantive excellence. Apart from this document, you will also be able to access a number of additional documents that will aid in your preparations for conference. Our Guide to Delegate Preparation reviews the substantive side of HNMUN, highlights differences between our session and other MUN conferences, and explains our policies on substantive matters, such as the award selection process and position papers. It also includes our updated Rules of Parliamentary Procedure, which are also found at the end of this document. Our Guide to First Time Delegations provides information regarding substantive and logistical issues for those new to HNMUN, and includes a timeline for delegate preparation. The Guide to Starting a Model UN Team outlines the steps necessary to establish and expand a universitys MUN organization. Finally, Update Papers to committee Study Guides will be posted in late November to provide further exploration and/or recent news developments concerning the topic areas. If you have any questions about this document, the other Guides, or your committee in general, please do not hesitate to contact your Director or your Under-Secretary-General. They are truly excited to meet you all and are eager to address any concerns you may have before, during, or after the conference. I hope you enjoy reading the following Study Guide, and I cannot wait to hear about your ideas this coming February! Sincerely,

Dominik P. Nieszporowski
Secretary-General Harvard National Model United Nations 2012

Harvard National Model United Nations 2012

The General assembly

Dear Delegates, It is my distinct pleasure to welcome you to the General Assembly of Harvard National Model United Nations 2012! My name is Gillian Farrell and I am thrilled to have the privilege to serve as your Under-Secretary-General in the largest and most exciting organ of the conference. A bit about myself I am a junior at Harvard studying Chemistry and Government. Originally from Long Island, New York and Dublin, Ireland, I have had the chance to grow up in two different areas of the world and to travel extensively opportunities to which I attribute my love of international affairs. I have been a part of Model United Nations since my freshman year of high school (HNMUN 2012 will be my sixteenth conference). In my time spent apart from Model UN, I work at the Harvard College Admissions Office and at the Harvard Business School and enjoy running and playing lacrosse. However, the General Assembly would not be possible if it werent for the immensely talented and dedicated Directors and Assistant Directors who make up the staff of the of GA. They have worked tirelessly to ensure that the eight largest committees of HNMUN 2012 are nothing less than superb. In addition to the four standing committees of the General Assembly the Disarmament and International Security Committee, the Special Political and Decolonization Committee, the Social, Humanitarian and Cultural Committee and the Legal Committee, the conference will also feature three specialized bodies: the World Health Organization, the Historical General Assembly of 1956, the Special Summit on Non-Discrimination, as well as the Non-Governmental Organization Program. I hope that the diverse offing of featured topics will provide you with a unique chance to engage with issues that fall within your areas of genuine interest. The General Assembly boasts some of the finest debate of the conference, and the delegate experience is truly unmatched. The GA will push you to rethink what has been previous accepted, to push your skills of negotiation, and to ultimately balance international cooperation with your own national interests. It is my sincere hope that you will depart from HNMUN 2012 with a greater understanding of and excitement for international affairs as well as memories of an impassioned, stimulating, and fun four days of debate. It is my promise to you, the delegates, that I will work tirelessly to ensure to meet your expectations of substantive excellence. Please do not hesitate to contact me with any questions, concerns or suggestions regarding any committee of the General Assembly, and I will make sure to assist you to the best of my ability. Delegates, welcome to the General Assembly. I look forward to meeting you in February. Sincerely,

Gillian Farrell
Gillian Farrell Under Secretary General for the General Assembly Harvard National Model United Nations 2012

Harvard National Model United Nations 2012

Powers of the Committee Staff

POWERS OF THE COMMITTEE STAFF

The staff of Harvard National Model United Nations have distinct roles and responsibilities at conference. Delegates may find that the substantive staff at HNMUN takes on a more active role than what they have been accustomed to at other Model United Nations conferences. The primary job of the staff is to work with the delegates in achieving the goals of the committee in particular and the conference as a whole. The staff of each committee includes a Director, a Moderator, and Assistant Directors. At HNMUN, the Director is the substantive expert, and the Moderator is the procedural expert; together, they share the duties of running the committee, rather than being coordinated by only one committee chair.

expert, the Moderator is the procedural expert who runs the committee when it is in formal session. The Moderator has a full understanding of the rules of procedure, and it is his or her responsibility to facilitate the committees work by ensuring that the sessions run smoothly. However, the Director retains the ultimate power to rule any motions dilatory. In some smaller committees, the moderator may also field some of the substantive issues that Directors typically handle. Under certain extreme situations, the Moderator is allowed to suspend certain rules of procedure to streamline debate. Any questions about procedural issues should be raised with the Moderator.

assistant Directors
Before the conference, the Assistant Directors prepare the updates to the committee study guide. During the simulation, their job is to aid the Director by answering delegates questions, monitoring blocs during caucus, and by providing sounding boards for delegate ideas, solutions, and concerns. If the committee is producing a large amount of paperwork at some point in the course of debate, Directors will rely on the Assistant Directors to work directly with delegates on preparing and suggesting revisions to draft resolutions. The Assistant Directors also help keep track of the Speakers List, votes, and other procedural matters. Delegates should feel free to approach the Assistant Directors at any time with questions about the substance or procedure of the committee.

Directors
The committee Director is the substantive expert of the committee. At HNMUN, the Directors choose their committees topic areas, prepare the study guides, and do extensive amounts of other pre-conference substantive preparation. The Director oversees submission of all documents to be discussed. All draft resolutions and amendments in committee must be approved and signed by the Director to be presented to the committee as a whole. Before accepting working papers and draft resolutions, the Director is allowed to suggest changes if he or she feels that the Questions a Resolution Must Answer (QARMAs) are not sufficiently addressed or if it is similar in content to other submissions. Please note that the Director may not approve of all written submissions and may suggest appropriate changes before accepting any draft documents. Another important role of the Director is to oversee debate. As the substantive leader of the committee, the Director also has the discretion to rule on all points and motions brought before the committee. The Director may periodically comment on the direction of debate and suggest alternative courses of action. Committees sometimes overlook important issues within a topic area, and Directors are encouraged to bring these to the attention of the delegates. As for committees with crises, the direction of crises is determined entirely by the course of debate. Statements made by Directors are not meant to steer debate along a predetermined crisis plan, although Directors are encouraged to guide delegates when debate appears to have strayed from the topic at hand. Any questions about substantive issues should be raised with the Director.

secretariat
The nine members of the Secretariat, headed by the Secretary-General, are the principal organizers of the conference and supervise all other members of the HNMUN staff. They will be available throughout the conference to answer any questions or address any issues that delegates may have with their committee or with the conference as a whole. All modifications to the Rules of Procedure will be provided by the Secretariat before the conference, and any member of the Secretariat may address any committee at any time.

MoDerators
The Moderator performs the procedural role for which the traditional chair at other Model UN conferences would be responsible. While the Director is the substantive

Harvard National Model United Nations 2012

Legal Committee

leGal CommiTTee
Topic Area A: Revision of the Geneva Conventions in the Role of War Topic Area B: Rights of Minorities in International Law
Dear Delegates, It is my pleasure to welcome you to the Legal Committee of Harvard National Model United Nations 2012! My name is Lucas Swisher and I am a sophomore at Harvard. I was born in Santa Rosa, California, but have spent the last 10 years calling Oklahoma my home. At Harvard, I plan to major in Government and minor in Statistics, with a specific focus in International Politics. Outside of the classroom, in addition to my work with the Harvard National Model Nations conference, I am also involved in Harvard Model United Nations, the high school conference. I also play Club tennis, play cello in an orchestra, work with advertising and marketing at the Harvard Crimson Newspaper, write for the Harvard Political Review, help college students register to vote, spend time with the Harvard Republicans, and enjoy an occasional hour of sleep! As the Conference approaches, I hope that you become extremely excited to participate the most thrilling committee of the General Assembly. I hope you will come to Conference ready to passionately debate, to learn from your fellow delegates, and most of all, to have a rewarding and fun four days. During our committee sessions, you will be delegates of the Legal Committee, and you will be discussing possible revisions to the Geneva Conventions in light of our changing world and the rights of minorities in International Law. Both issues are especially relevant today and should stimulate interesting debate and discussion. As you prepare yourself for conference and begin on your research, I encourage you to keep up to date on current events around the globe. The study guide is a great starting point for research but I hope you will continue gathering information so that you can come to conference with a strong foundation with which to enter debate. If you have any questions, please dont hesitate to email me. I look forward to meeting all of you in February!

Sincerely,

Lucas Swisher
Lucas Swisher 339 Eliot Mail Center Cambridge, MA 02138 lucasswisher@college.harvard.edu

Harvard National Model United Nations 2012

Legal Committee

INTRODUCTION
Thomas Paine once wrote, He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.1 Today, the global community faces unprecedented challenges in the field of warfare. Governments around the world grapple with an entirely new kind of combat; rather than directly waging war against established governments, leaders often seek out nongovernment sponsored and privately-owned military groups. These groups are versatile and adaptive, having grown and evolved over hundreds of years. The new challenges of warfare mandate that the strategies adopted by the United Nations change with the times; the Geneva Conventions should be altered to include non-state actors in the international arena, deal with crises and revolutions, and bring humanitarian aid to warring regions. However, while the Conventions should be altered to aid governments, the rights of citizens, especially those of minorities, should not be forgotten. The Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948, reads: Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.2 Written to protect the rights of all global citizens, the Universal Declaration of Human Rights is the modern worlds attempt to combat oppression, discrimination, and identitybased segregation. While the United Nations has a declaration and a working group that deal with minority rights, there must necessarily be a resolution that offers clear-cut actions that the United Nations will take to combat the oppression of minorities. The resolution must balance the rights of the minorities in the international arena with the sovereignty of nations and must include direct humanitarian responses to crises such as those seen in North Korea.

international laws that are passed, specifically the protection of citizens under international law. In the past, the Legal Committee has played home to a host of conferences. For example, in 1958, the Legal Committee hosted the United Nations Conference on the Law of the Sea. At this conference, the Committee adopted several conventions, now known as the Geneva Conventions on the Law of the Sea regarding specific borders, the humane killing of marine life, and the testing of nuclear weapons at sea. In 1968, the Legal Committee hosted the United Nations Conference on the Law of Treaties. At this conference, the Committee codified the rules that guide the term treaty. It set in place a framework that included rules on the conclusion and entry into treaties, their interpretation, and amendments and modification. Since then, most conferences hosted by the legal committee have focused on treaties, from the 1977 Conference on Succession of States in Respect of Treaties to the 1986 Conference on the Law of Treaties between States and International Organizations or between International Organizations. While most of the conferences in these years aimed to revise and clarify the 1968 conference, in 1998 the Legal Committee held a Conference on the Establishment of an International Court. This conference was held to establish a court that would bring to justice those who commit the most heinous crimes against the international community, and it is often thought to be a response to the Rwandan Genocide of 1994. As the Sixth Committee of the United Nations General Assembly, the Legal Committee works very closely with members of all committees in the General Assembly and plays an imperative role in the functioning of the General Assembly and the United Nations as a whole. The Committee

HISTORY OF THE COMMITTEE

The longstanding and vital United Nations Legal Committee held its first session in 1948 and passed its first major resolution in 1961. This makes the legal committee one of the oldest at the United Nations. From its inception, the Legal Committees mission has been to solidify and enforce all

The United Nations General Assembly was established in June 1945.

Harvard National Model United Nations 2012

Legal Committee
has representative from each UN member nation and each member holds an equal vote when passing resolutions. In recent years, the Legal Committee has addressed several new topics, passing resolutions regarding terrorism and violence among nations with respect to indigenous peoples, minorities and crimes against humanity. and all religious, medical, and hospital personnel serving on combat ships must be respected and protected. The third Convention sets guidelines for the treatment of prisoners of war and specifically prohibits violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; the taking of hostages; outrages upon personal dignity, in particular, humiliating and degrading treatment; and the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.10 Prisoners of war (POWs) can include members of any armed force or resistance movement, as well as civilians accompanying armed forces.11 According to the Conventions, captors must allow all POWs to correspond with families, protect them from any act of violence or humiliation, and must be housed in adequate shelter allotted all medical and nutritional care in order to maintain adequate health. Additionally, female POWs must receive special consideration due their sex. The legal system of the captor nation may try POWs, but all POWs must be released when the conflict ends. Finally, governments must repatriate gravely ill POWs to their home country.12 Since the initial ratification of these conventions in 1949, these treatises have been reconfirmed twice to clarify the protection of civilians during wartime.13 However, due to a new type of warfare that includes both terrorist and mercenary groups, the Legal Committee must reconsider the Geneva Conventions. History of Terrorist Groups and Mercenary Warfare While the United Nations has no approved definition of terrorism, the United States Department of Defense defines terrorism today as the calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.14 Organizations have used terrorism as a method of achieving various goals for hundreds of years, and while terrorism is an act of violence may be directed against a singular or small group of individuals, a larger audience almost always witnesses its effects. The strategy of terrorists is to act in a way that brings the attention of the larger public to their cause. Terrorists hope to gain the greatest publicity with their acts, often attacking important public symbols. The first known terrorist groups originated in the 1st century and often organized themselves for religious purposes. For example, the Zealots of Judea began as a group of radical Jews who, when oppressed by Roman rule, carried out an underground campaign of assassinations against Roman commanders and leaders. In subsequent centuries, a faction

TOPIC AREA A: REVISION OF THE GENEVA CONVENTIONS IN ROLE OF WAR History of tHe ProbleM
History of Humanitarian Law and the Geneva Conventions Until the late 19th century, a universal humanitarian law applicable specifically during times of war did not exist.3 The only protections for prisoners of war were those that were identified in a treaty between individual nations, which designated specific time periods and specific occasions of war. This system changed in 1859, when Henry Dunant, on his travels through northern Italy, recorded the fate of thousands of soldiers who died on the battlefield during the Italian war of independence.4 He later published these observations in a book, where he proposed two ideas to combat the agony he had witnessed: first, that relief societies be constructed to care for the wounded in wartime and, second, that these nurses be protected and recognized under international law. These suggestions were the basis for the founding of the International Committee of the Red Cross, an organization that is closely bound to the Geneva Conventions of 1864.5 The Conventions Representatives of twelve governments convened in Geneva in 1864 to pass the first piece of international humanitarian law, entitled the Geneva Convention for the Amelioration of the Condition of Wounded in Armies in the Field.6 In 1949, shortly after the founding of the United Nations, these Conventions were reaffirmed and expanded. The four protocols that comprised the Geneva Conventions, as currently ratified, are treaties that apply to all cases of armed conflict or occupation among nations. 7 The first Convention protects military personnel not directly involved in battle, including wounded and sick soldiers, medical workers, and military chaplains.8 Specifically, according to this document, these out of battle soldiers must be treated without any kind of discrimination, receive adequate medical care, be protected against ill treatment, and remain safe from murder, torture, or experimentation. The second Convention grants protection to soldiers who are at sea.9 Those protected are armed forces members who are wounded or shipwrecked, personnel on hospital ships, and civilians who accompany the military at sea. Furthermore, neutral ships cannot be captured,

General Assembly

Legal Committee
desensitized to violence, numerous nations openly supported and aided partisan and resistance groups that utilized terrorist attacks, even though these groups often targeted civilian and economic capacities.22 Post-World War II saw another evolution in terrorism. While terrorist groups were still largely nationalist insurgencies seeking international attention and sympathy, the Soviet Union exploited these groups in the ideological battle against the United States during the Cold War. Terrorist groups that hoped to separate from the British or French Empires committed violent acts to gain international attention and the aid of the Soviet Union, a major power that could help them with military power. During this time, the beginning of the Cold War era, the Soviet Union sponsored many of these organizations in return for the promise of violent revolution.23 Several of these terrorist organizations would eventually gain independence or control of their countries and later adopt communism and join the Eastern Bloc. The internationalization of terrorism began as mass communication matured in the modern era, the first period to witness purely symbolic attacks as a way to gain international attention. As hijackings became a popular tool to gain international infamy, groups such as the Popular Front for the Liberation of Palestine (PLFP) emerged. The PFLP, for example, would specifically hijack flights from Israel, a country they saw as a barrier to establishing nationhood.24 Furthermore, networking between terrorist groups emerged during this semi-modern era of terrorism, as new means of communication became available. As early as 1970, Palestinian groups and European rebels shared strategies and coordinated joint attacks. While independent terrorist groups complicate international humanitarian law today, other non-government sponsored groups also reveal the need for revised Geneva Conventions. Only mentioned in the Conventions in the context of post-colonial Africa, mercenary armies, though not prevalent in 20th century warfare, are under consideration as an option for military forces in the United Kingdom and would likely be the method chosen by the United Nations should it decide to employ its own peacekeeping force. Because the Conventions mention them so narrowly, a revised Geneva Convention should fully address the treatment of these other types of non-government sponsored armies. It will be this committees assignment to decide how to deal with mercenary armies: whether to treat the armies as part of the nation that employs them or to grant them different rights. Definition of a Mercenary A mercenary is described by the Geneva Conventions in Art. 47: 1. A mercenary shall not have the right to be a combatant or a prisoner of war. 2. A mercenary is any person who:

A red cross is the international symbol of the Geneva Conventions.

of Shia Islam adopted the tactic of assassination against their enemies, utilizing small, calculated strikes because of their relatively small numbers.15 For the early period of modern history, the actions of these various terrorist organizations had little effect or led to open warfare because governments at the time lacked the central authority and communication structure required for the terror attacks to cause mass hysteria.16 However, this began to change around the start of the French Revolution. The term terrorist was first coined during the Reign of Terror lead by Maxmillien Robespierre in the 1790s, when agents who carried out the governments oppressive actions, or The Terror, were referred to as terrorists.17 Robespierre, like most terrorists, did not believe his actions were evil. He saw himself as a freedom fighter for a noble cause, and asserted, subdue by terror the enemies of liberty, and you will be right, as founders of the Republic.18 Terrorism evolved rapidly in the 19th century with the development radical political ideologies and rapid improvements in technology.19 Political groups, such as anarchists, successfully utilized new weapons to bring terror to nation-states. However, because of their refusal to accept the sympathy of any larger organization, they quickly fell apart.20 International Terrorism and Terrorism in the Modern Era While terrorism has been utilized for hundreds of years, non-government sanctioned terrorism has emerged most forcefully in the last century and has taken significant hold in the last several decades. Acts of terrorism were prominent and widespread in the early 20th century as nationalist sentiments ran high. In the early 1900s, with the development of the ideals of self-determination, small ethnic and religious groups, such as the Irish and Macedonians, utilized terrorism in the hope of attracting the attention and sympathy of larger nations that might aid their cause.21 These groups gained legitimacy in World War II as the concept of total war took hold. As many populations became

Harvard National Model United Nations 2012

Legal Committee
is especially recruited locally or abroad in order to fight in an armed conflict; does, in fact, take a direct part in the hostilities; is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict; is not a member of the armed forces of a Party to the conflict; and has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces25 Essentially, a mercenary is any person who is hired by a foreign nation to fight on its behalf for significant monetary gain. Early Mercenary History The use of mercenary armies stretches back as far as the practice of war itself. The first well known recorded employment of mercenaries began with the Roman Empire. To conquer new lands, the Romans utilized mercenaries whenever possible, which meant being able to conscript nonRoman citizens, pay them significantly less than their own forces, and not worry about deaths on the battlefield. Romans often utilized mercenary armies to repress uprisings and keep villages suppressed; eventually, some mercenaries were granted Roman citizenship.26 In the 12th and 13th centuries, mercenary warfare remained much the same. As rulers such as Genghis Khan conquered new lands, enemies would often offer themselves to him as soldiers. In turn, the rulers would bind them to long terms of service in exchange for small amounts of pay and eventual citizenship. Mercenaries, due to poor pay and other factors, were known for their practice of pillaging and completely destroying land as they marched through.27 From the 1300s to the 1600s, mercenary service began to change. The Gallowglass, for example, was an elite group of Irish mercenaries who served as some of the first bodyguards. A military or national leader would often employ the services of a Gallowglass- in exchange the Gallowglass would pay fewer dues to the government.28 During this time, Ireland supplied the bulk of mercenary armies.29 In the 18th century, the practice of mercenary warfare evolved again. Prior to the American Revolutionary War, King George III of Great Britain conscripted hundreds of thousands of troops. However, when the American colonists revolted, the kings troops were spread thinly around the world, leading to an insufficient force with which to fight the American rebels. Because of the shortage, Great Britain struck a deal with Catherine the Great of Russia, accepting 20,000 of Asias most competent soldiers in exchange for 70,000 British Sterling. In this agreement, the world saw an exchange where a nation sold its own troops as mercenaries for another nations war.30 Later in the war, Britain would also turn to the German Hessian troops for military support. In this era, the use of mercenaries became prominent; in fact, in the 1700s it is estimated that around one-third of the male population of Scotland was fighting a war for another European country.31 In the 19th and 20th centuries, mercenaries were often utilized as colonial enforcement.32 When empires needed forces to subdue indigenous people or uprisings in colonies, they would hire foreign military personnel. In other cases, mercenaries would seek work as military units to gain publicity. Prior to the First World War, American fighter pilots contracted themselves to the French military to gain publicity for the war and attempt to sway the United States to shed its doctrine of neutrality in favor of aiding France. The practice continued in World War II when American pilots enlisted in the Royal Air Force.33

current situation
Terrorism Terrorist attacks on embassies in Kenya and Tanzania in the 1990s and the tragedy on 11 September 2001, when four planes were hijacked and crashed into the World Trade Center, the Pentagon, and Shanksville, Pennsylvania, ushered in the modern era of terrorism. Rather than drawing motivation from a need to gain liberty, many modern terrorists engage in a global war against so-called western values and the current world order.34 Terrorists in the organization Al-Qaeda, made infamous by Osama Bin Laden and the 11 September attacks, believe western values denigrate Islam and thus they primarily seek to remove Americans from Muslim countries and to dismantle pro-American governments in the Middle East.35 The nations that comprise the North American Trade Organization (NATO) are currently engaged in counterterrorism efforts primarily in Afghanistan but also in the broader Middle Eastern region.36 While these efforts dealt considerable damage to Al-Qaeda leadership in the region, the organizations ideology has successfully spread in smaller cell groups and remains active in other terrorist groups throughout the Middle East.37 While Al-Qaeda has gained infamy for the scale of its attacks, other groups also pose serious security threats in the Middle East and North Africa. Extremist militant groups such as Al-Shabab, Lashkar-e-Taiba, and political parties such as Hamas and Hezbollah, continue to cause instability in the region. Hamas and Hezbollah often find themselves in international news for their repeated attacks on Israel in

General Assembly

Legal Committee

On 11 September 2001, two commercial air craft crashed into the World Trade Center in the worst terror attack in American history.

support of a Palestinian state.38 The central strategy of many of these terrorist groups remains suicide bombing. Soon after the 11 September attack, United States President George W. Bush retaliated with military force in Afghanistan, utilizing the conventions to justify enhanced interrogation techniques to gain important security information.39 However, he received a backlash from many in both the American and international communities. Soon after his retaliation, protests erupted throughout American cities and the international community called for certain prisons, such as the prison at Guantanamo Bay, to be shut down. Because of spontaneous crises that grow more common in the modern era, such as terrorist attacks and revolutions like the Arab Spring, the Geneva Conventions should be revised to help leaders adequately address crises of terrorism. One of the missions of this body will be to decide whether a nation should have the ability to suspend the Conventions in the face of terrorism and what justification should be needed. The Conventions must be modified to include these threats because of the specific problems terrorist groups cause

to nations around the world. It will be this bodys decision to either continue or limit terrorists protection under the Conventions, and whether to modify the Conventions to give nations certain circumstances in which they can overrule the Conventions in order to maintain security. As long as the Conventions remain unmodified, nations will be unable to adequately hold accountable terrorists for their actions. Furthermore, these discussions must eventually lead to how international law discusses terrorist groups as a whole. If the Conventions allow the same protection to terrorists as soldiers from a nation-state, it treats terrorist groups the same as a legitimate nation-states. The Arab Spring In December of 2010, Mohammed Bouazizi, a young college graduate from Tunisia, began selling fruits and vegetables out of a cart in one of the countrys most populous cities. Unable to find employment because of poor job opportunities, the young salesman lit himself on fire, gaining international media attention and sparking riots and protests throughout Tunisia.40 On 29 December, Tunisian President

Harvard National Model United Nations 2012

Legal Committee
Ben Ali promised a crackdown on the protestors: the law will be applied in all firmness, and [enforcement will be targeted at] a minority of extremists and mercenaries who resort to violence and disorder.41 Protests exploded in the first two weeks of January, as riots against unemployment and social ills scattered to cities across the country.42 On 14 January 2011, the Tunisian president fled to Saudi Arabia, signaling a victory for the protestors.43 Over the next few weeks, protests erupted in Egypt and Algeria, forcing their leaders to leave their respective countries.44 While these protests garnered much political attention, the uprisings in Libya and Syria have caught the eye of the international community. In both countries, the leaders have refused to leave their positions of power and have responded to peaceful protests with violence. In both Libya and Syria, peaceful protesters have found their protests broken up by security forces and helicopter fire, leaving a death toll as high as 30,000 in Libya and 400 in Syria, according to the Obama administration.45 It is the duty of this body to decide how to alter the Geneva Conventions and draft new legislation to help protect protestors in these nations. This legislation should also offer solutions to leaders on how to deal peacefully with protestors. Moreover, the committee should address how the international community can properly provide adequate humanitarian aid to these regions. Mercenary Armies The last several decades have seen resurgence in the use of mercenary armies as a tool of war. While private mercenary companies like Blackwater gain international attention frequently, hundreds of other private mercenary groups are used throughout the world.46 Supplied largely by South Africa, the United States, and the United Kingdom, these mercenaries are often ex-military personnel and specialize in certain tasks.47 The instability of the Middle East has turned these military services into a large industry, as the nation-state slowly becomes less prevalent in the waging of war. The coalition authorities, primarily NATO, have given these private companies contracts to protect oil sites and train security forces in both Iraq and Afghanistan. These contracts can have terrible consequences, as exemplified in the 2007 Blackwater shootings, where military contractors shot and killed 17 Iraqi civilians. Most importantly for NATO, however, they do not have to count deaths of private military companies in their death tolls.48 Not only do these organizations present practical and ethical challenges to society by changing the battlefield into a business, but they also present problems for international law. It is the obligation of this body to determine how these private military companies will be formally addressed in the Geneva Conventions and international law. Moreover, this committee must clarify how the Conventions apply to mercenary armies.

Past international actions

The most important document addressing the international standards of the treatment of terrorists, mercenary armies, and humanitarian aid to revolutionary regions remains the Geneva Conventions. However, with the advent of 21st century warfare and evolutions in war, these conventions need to be revised. The Geneva Conventions address the treatment of all persons captured by the enemy in Common Article 3.49 Moreover, the Protocol II, which was added to the Conventions in 1977, clarifies these rights: reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict.50 However, these provisions do not adequately address the protections for non-state actors that are needed in the 21st century. Specific holes in the Geneva Conventions, such as a failure to address what constitutes armed conflict, have allowed countries to twist international law to deprive victims of human rights. While terrorism is not addressed adequately in the Geneva Conventions, the United Nations has taken serious steps to countering terrorism in other policies. Sixteen universal instruments have been created to combat international terrorism utilizing the framework of the United Nations system. Moreover, members today use the United Nations and the General Assembly to coordinate their counter-terrorism efforts. To better coordinate their efforts, in 2006, member states created a counter-terrorism strategy to standardize the framework for combating terrorism. According to the United Nations, the Strategy forms a basis for a concrete plan of action: to address the conditions conducive to the spread of terrorism; to prevent and combat terrorism; to take measures to build state capacity to fight terrorism; to strengthen the role of the United Nations in combating terrorism; and to ensure the respect of human rights while countering terrorism. 51 Member states acknowledge that the defense of human rights and the rule of law must be upheld while countering terrorism. These aims are complementary, according to the report, and mutually reinforce themselves. In the report, member states pledge to take measures against terrorism but at the same time ensure that these actions uphold human rights obligations. To support these obligations, the United Nations created a position to uphold the protection of human rights and freedoms while countering terrorism. According to the United Nations, The Special Rapporteur, operating under the new Human Rights Council, works to identify, exchange

10

General Assembly

Legal Committee
and promote best practices on measures to counter terrorism that respect human rights and fundamental freedoms. The Special Rapporteur also addresses allegations of human rights violations in the course of countering terrorism. He conducts visits to selected individual countries and has engaged in correspondence with more than 40 countries about their laws and practices. He reports regularly both to the Human Rights Council and to the General Assembly, including on selected thematic issues and his country visits.52 While human rights have been addressed through the Rapporteur and the unifying counter-terrorism strategy, human rights should be either affirmed or altered in the Geneva Conventions to reflect the circumstances nations face today. While the United Nations actively pursues a policy against terrorism, it has taken less action toward mercenaries. In 1967, the Security Council drafted a resolution condemning any State which persists in permitting or tolerating the recruitment of mercenaries with the objective to overthrow the governments of the United Nations.53 It also ordered governments to ensure that their territory as well as their nationals are not used for the planning of subversion, recruitment, training and transit of mercenaries.54 In 1979, the General Assembly drafted a resolution to draft an international convention against the recruitment, use, financing and training of mercenaries. In 1989 the United Nations created the position of Special Rapporteur on the Use of Mercenaries to help document and report to the United Nations on the use of mercenary armies.55 The Rapporteur has often clashed with member states, which limited its mandate in 1995, when the newest resolution was not adopted by consensus. Furthermore, since the creation of this position, no committee has actively addressed mercenaries or their connection to the Geneva Conventions. This bodys resolution should address the link between mercenary activities and human rights violations accurately and should reflect the modern day use of mercenary armies. 1789 A.D: Robespierre ignites an era of ideological terrorism, inciting citizens to terrorism in the name of liberty, asserting, subdue by terror the enemies of liberty, and you will be right, as founders of the Republic. Early 1800s: Ideological terrorism peaks as anarchy unfolds across Europe but has little effect because anarchy itself is decentralized and has few distinct, clear goals. Mercenary armies reemerge, and are bought and sold from one nation to another as private armies. 1859: On his travels through the north of Italy, Henry Dunant publishes a book recording the fate of soldiers on the battlefield. 1864: Twelve national governments convene to pass the first international humanitarian law: the Geneva Conventions of 1864. Early 1900s: Nationalism emerges as nations begin to associate with certain ethnic and racial concepts. Small ethnic and religious groups such as the Irish and Macedonians utilize terrorism to attract the attention of sympathizers. 1940s: As the Second World War beckons, nations begin to directly support terror groups with whom they share ideological sentiments, or who have the potential to usurp their enemies. 1949: Shortly after the creation of the United Nations, the Geneva Conventions are updated to reflect the times and expanded to the four basic conventions the international community understands today. 1950s 70s: Terrorism becomes an independence movement. Backed largely by the Soviet Union, British and French colonies utilize terrorism to gain independence. Mercenaries are utilized as colonial enforcement. 1970s: The international era of terrorism emerges. Groups utilize terrorism to gain publicity on an international stage, often attacking symbols of their opposition. Often, these groups are non-state sponsored. The United Nations passes the first and second protocol of the Geneva Conventions, updating the Conventions for the 20th century. 2000-Present: Religious extremists begin to utilize terrorism to attack Western values and the current world order. NATO and the United Nations pass resolutions and create committees to fight terrorism. The United Nations creates a strategy to counter terrorism. Mercenary armies make war a business; groups such as Blackwater form private armies that serve in the place of regular security forces. 2010- The Arab Spring erupts around the Middle East, destabilizing the region and creating the need for new legislation to help peacefully deal with uprisings.

tiMeline of significant events

100- 1700 A.D: Terrorists operate largely for religious reasons. As minorities oppressed under unfriendly regimes, these terrorists seek freedom from oppression by resorting to violence but have little impact because of limited communication throughout the world. Mercenaries are enlisted into service when conquered by foreigners or are utilized as bodyguards for dignitaries.

Harvard National Model United Nations 2012

11

Legal Committee

ProPoseD solutions
Although many problems do exist in the conventions today, there are a number of solutions that have been proposed by numerous sources to respond to growing threats. The corresponding paragraphs represent simply three sets of solutions among many that are possible. National Sovereignty The first set of solutions represents one that protects indefinitely the national sovereignty of individual nations. To receive protection by the Geneva Conventions, nongovernment sponsored groups must sign the Conventions or become sponsored by a government. Without this, their protection under the Conventions is either non-existent or severely restricted. This body must decide what restrictions will be placed upon the groups. While the United Nations recognizes the need for the protection of human rights, groups must also be willing to comply with the Conventions to receive protection. To help deal with terrorist attacks

and crises, governments should be allowed to suspend the Conventions whenever they feel necessary for national security. Treatment of protestors will be left to the discretion of the governments. Furthermore, governments should be allowed under any circumstances, but not required, to bring humanitarian aid to regions affected by crisis. Private mercenary armies will be treated as nongovernments sponsored groups by the Conventions and thus must sign the conventions to receive full protection. A committee will be established to ensure that mercenary armies abide by the conventions when in battle. These solutions significantly loosen the protection of the Geneva Conventions. They would allow governments to effectively and efficiently deal with crises and terrorist attacks but place a lower value on human rights than national sovereignty.

Mercenary militancy has become a common aspect of modern warfare; in this photo, a group of mercenary soldiers occupies a small city.

12

General Assembly

Legal Committee
Countries in Crisis The following set of solutions would ideally help a country in crisis. In this resolution, all groups, be they governmental or non-governmental, signers or non-signers, will be given protection under the Conventions. However, the United Nations will provide restrictions for non-signing groups. Governments will be able to suspend the conventions only in extreme crisis conditions or in the event of an imminent threat. In order to suspend the conventions, the United Nations Security Council must grant the nation permission in a unanimous vote. The United Nations will grant peaceful protestors special protection under the Geneva Conventions, and this protection will be enforced by the United Nations. However, sovereignty by nations will still be maintained to the fullest amount. In coordination with the United Nations, if a terrorist attack should occur or if a nation should erupt into revolution, member states will be asked to contribute humanitarian aid to the region; the United Nations will supervise the distribution of this aid and work to protect civilians in warring regions. Should a nation erupt into revolution, the United Nations will establish direct relations with the leader of the foreign country to ensure that human rights are being protected and will help facilitate a peaceful transition of power should the need arise. The Geneva Conventions will protect mercenary groups on an equal level as all other organizations and will establish further committees to ensure that private military corporations do not violate human rights. A Middle Ground This set of solutions provides a thorough approach to help nations deal with crises, allowing governments some sovereignty to deal with crises, while at the same time upholding human rights. However, human rights may still be compromised if the nation is allowed to suspend the Geneva Conventions. This final set of solutions protects human rights at all cost. All groups, be they governmental or non-governmental, signers or non-signers, will be given full protection under the Conventions. No government will be able to suspend the Geneva Conventions under any circumstances, and a new committee will be created to ensure that human rights are being protected in all cases, regardless of whether the group has signed the Conventions. To help deal with crises, the United Nations will begin direct communication with leaders after a crisis occurs and will provide security forces to protect civilians and aid the government in keeping peace and ensuring human rights. In accordance with the United Nations, if a terrorist attack should occur or if a nation should erupt into revolution, member states will be asked to contribute humanitarian aid to the region; the United Nations will supervise the distribution of this aid and work to protect civilians in warring regions. The Geneva Conventions will protect mercenary groups on an equal level as all other organizations and will establish further committees to ensure that private military corporations do not violate human rights.

bloc Positions
United States, Western Europe, Israel, Japan These nations are likely developed, and deal with terrorism on an international level, in addition to nations who ally themselves strongly with nations such as the United States or hold many of the same values. Faced with the constant threat of a terrorist attack and likely being the suppliers of private mercenary armies, these countries look for several items in a resolution. They hope for a resolution that is tough on terrorism but still respects human rights. As developed nations and strong members of the United Nations, these countries would likely look for any assistance a resolution could give to help them deal with terrorism on an international level. However, they may also be in favor of the suspension of the Geneva Conventions in a time of crisis, granted the permission of the Security Council. They would likely advocate for the resolution to include the protection of civilians in warring or revolutionary regions and will uphold the utilization of security forces to protect peaceful protestors in a revolutionary nation. These countries would likely strive to create a relaxed definition of the term armed conflict, which would enable member-states, as NATO did in Libya, to intervene in foreign affairs when deemed necessary. Russian Federation, Peoples Republic of China, Democratic Peoples Republic of Korea These nations are primarily Eastern, developing countries. These countries often deal with instability in their own nations and have less protection for human rights than the Western Bloc. Having problems to deal with at home and having a less active stance with regards to human rights, these nations would pursue a resolution that would firmly grant sovereignty to individual nations to deal with crises and involve less international action with regards to the crisis. These nations would focus less on the portion of the resolution dedicated to dealing with terrorism and instead would insist on more attention being paid to revising the Conventions to help nations deal with crises such as revolutions. They would likely support the ability to suspend the Geneva Conventions, and some nations in this bloc would likely support the ability to suspend the protection of human rights indefinitely. Having little to no interest in the affairs of other countries experiencing revolutions, these nations would likely support little aid to those regions and would not support legislation allowing interference by foreign nations in warring regions. Moreover, these nations will be very concerned with national sovereignty.

Harvard National Model United Nations 2012

13

Legal Committee
Afghanistan, Iran, Iraq, Libya, Tunisia, Syria These countries are predominately located in the Middle East and North Africa. While some are developed, and others are developing, they share one important factor in common: their region. Governed mostly by long-standing regimes, these countries all lie in the region that experienced the Arab Spring. Moreover, these countries are acutely familiar with terrorists; some regimes actively support them, while others fight them. This bloc will look for a resolution that revises the Geneva Conventions to help countries deal with crises, and while they will be divided on the issue of the protection and treatment of terrorist organizations, they will stand firmly against the suggestion of international intervention. However, this too would depend on the success of the rebels in coming months. These nations would likely be in favor of the suspension of the Geneva Conventions in a time of crisis. However, they may disagree on the extent to which this should be allowed. Furthermore, these nations would likely oppose any portion of a resolution that addresses foreign aid to warring regions or protection for protestors during a time of revolution. As countries that often feel threatened by Western powers, these nations would support a resolution that protects their national sovereignty in the face of international crises How could the Conventions be revised to help deal with crises, such as a revolution or terrorist attack? How can countries bring humanitarian aid to warring regions? How should the Geneva Conventions fully address mercenary groups? How should the Geneva Conventions define armed conflict? How can the international community officially define terrorism?

suggestions for furtHer researcH

When conducting further research, it will be especially important to stay up to date on current events. Because the topics discussed in the Arab Spring section have the potential to change overnight, and indeed evolve on a daily basis, news websites such as the New York Times or the BBC will prove especially helpful. While the delegates will need to understand the Conventions, current events will provide the basis for discussion in the committee and are perhaps the most important part of research for the conference. When researching technical details regarding the Geneva Conventions, the Red Cross website provides the full Conventions and summaries of each of the four treaties and the two additional protocols. When researching revolutions, websites such as CNN collect data and maintain a timeline that tracks all updates regarding revolutions. Finally, National Geographic has proved especially useful when researching mercenary armies. A special called Shadow Force, which is available online, details the past and present of mercenary armies.

relevant Partners
Several organizations will be necessary to deal with humanitarian aid as it is proposed in the resolution. The Red Cross, as the central organization tied to the Geneva Conventions, will be needed to provide information regarding the Geneva Conventions and to distribute any humanitarian aid that is required by the resolution. Both Doctors Without Borders and Surgical Aid to Children of the World will also be important in providing any humanitarian aid that is granted to warring regions. Save the Children will be important to help protect human rights for children in warring regions. In order to maintain accuracy with regard to international law, the Global Policy Forum will be essentially when considering any aspect to the resolution. Moreover, Human Rights Watch will be important if the United Nations decides to create a task force to ensure human rights in revolutionary regions. Finally, organizations such as the North Atlantic Trade Organization and the Organization for American States represent many of the countries who deal with terrorism and should be used to make policy recommendations.

TOPIC AREA B: RIGHTS OF MINORITIES IN INTERNATIONAL LAW History anD Discussion of tHe ProbleM
The Roots of Oppression To understand the oppression of minorities, one must first understand the root cause of oppression: prejudice. Webster Dictionary defines prejudice as an unfavorable opinion or feeling formed beforehand or without knowledge, thought, or reason.56 Psychologists define prejudice as an antipathy based on faulty and inflexible generalization towards a group as a whole or towards an individual because they are a member of that group.57 From this one can deduce that often times, prejudice is based on broad generalizations, which may be based in fact but may not apply to an entire population.

Questions a resolution Must answer

Should non-government sponsored groups be given protection under the Conventions? Should any country be able to suspend the Conventions? If so, under what circumstances?

14

General Assembly

Legal Committee
Discrimination and oppression are manifestations of this prejudice, but what exactly connects the prejudice to its manifestation? The National Aids Society describes the situation as such: a great deal of prejudice is unconscious, reflected in the basic stereotyped assumptions that we make about others every day. These generalizations affect our behavior and cause us to discriminate against whole sections of society. Eventually, large groups become ghettoized and the people within these groups feel isolated and alone.58 Why is Man Prejudiced? Psychologists explain that prejudice is often not developed through malice but comes about because it is easier to make generalizations than attempt to understand the complexities of society. Statements such as African Americans make great football players or hes Jewish, so he must love money, contain assumptions and generalizations that falsely and offensively categorize people into certain groups. Psychologists suggest that prejudice is a result of a natural tendency of humans to simplify the world so that it makes more sense. These stereotypes are based on generalizations that we draw from our limited experiences and environment. Early attempts to understand prejudice, such as the theory that Theodor Adorno proposes in The Authoritarian Personality, suggested that certain people have personality traits that predispose them to prejudice. However, psychologists have recently disputed claims that suggest prejudice is an instinctual or biological reaction. If this were the case, they argue, people would not be able to consider or accept new ideas. Instead, modern accounts, such as the Social Learning Theory, suggest that the individual is only part of the explanation for the prejudice he or she feels towards other groups. These theories place the blame on specific upbringings, [placing] a strong emphasis on our socialization, or on how we are brought up; the values of our parents and friends which we absorb, where we live, and what culture we belong to. All of these factors have a significant impact on which people and groups we believe are like us and which we want to hold at arms length.59 However, this theory depends on the idea that people necessarily group together. From the oppression of the Jewish people under Roman rule to their persecution in the Second World War, it is clear that the prejudice against and fear of a group, and the need for a scapegoat upon which to blame a problem is timeless. Limitless power and little to no restriction of the behavior of large groups leads almost inevitably to this persecution of minorities. Because the oppression of minorities is a timeless and systemic problem, its history is a difficult one to chronicle. Moreover, the problems that plague minorities do not necessarily evolve over time in a historical sense. Rather, the problems exist repeatedly in isolated incidents. Moreover,

Theodor Adorno, one of the leading psychologists in prejudice.

each case of oppression contains different motivations. Because of the nature of the problem, this historical account will be more an examination of a series of case studies than a timeline. Each case study of a current or recent problem will illustrate a different type of persecution and highlight an important issue that this bodys resolution should address. Oppression Based on Culture, Race, and the Double Oppression of Women Recently, Iran has come under fire from numerous civil rights its discrimination and unfair treatment of minorities. However, this discrimination is not merely a recent phenomenon; Iran has a longstanding tradition of discriminating against a large minority within its bounds, specifically the Kurdish people.60 The Kurdish population has a longstanding tradition of constituting a minority within Iran, despite consistent oppression. Despite discrimination, the Kurds maintain a complete culture with their own traditions and language. 61 While most Iranians are Shia Muslims, most Kurds are Sunni Muslims. This religious variance seems to be the point of contention that the discriminatory policies seize upon; the difference in religion remains the justification for the violation of human rights. Iran enforces several discriminatory measures against the Kurds including limits on the practice of religion and culture, restrictions on employment and access to

Harvard National Model United Nations 2012

15

Legal Committee
proper housing and education, and impositions on womens rights.62 First, Iran has placed illegal and restrictions on the Kurdish right to practice their version of Islam. While the Iranian constitution guarantees equality of religion under the law and recognizes Sunni Islam with formal legal standing, Sunni Kurds are essentially blocked from practicing their own religion. One Amnesty International article says, There is not a single Sunni in Tehran according to reports; the government has restricted the expansion of Sunni mosques that exist elsewhere in the country.63 Many Sunni clerics have suffered gross human rights violations. For example, in 2008, the cleric Ayoub Ganji was kidnapped for thirteen days after delivering a sermon in Sanandaj. After thirteen days of protests outside of government buildings, Ganji was finally released, although not in full health. He showed signs of extreme trauma, failing to recognize his wife and son and constantly crying out as if being hurt. Such instances of human rights violations extend to other areas, including restrictions on culture. Similar to restrictions regarding their religious practices, Kurdish parents have a limited choice on what they can name their children. Many names, such as the Kurdish words for free, equal, and flag, are banned in Iran.64 However, the discrimination extends to more than simply religion and culture. In Iran, the practice of Gozinesh is used to select employees for any state sector job. This is important because the state is the largest employer in Iran. Gozinesh has been used to deny the Kurdish people employment in the state sector, and even in parts of the private sector, where Kurds are often refused jobs simply based on their ethnicity. Moreover, Amnesty International reports, Kurdish activists say the government has neglected Kurdish areas, impeding employment opportunities. For instance, activists say demining programs in Kurdish areas have been slow, hampering the development of agriculture and industry. While those areas have been expanding largely in the rest of Iran, the Kurdish areas are seemingly left behind. Furthermore, the economic discriminations the Iranian government puts into place have also affected the housing situation for many Kurds in recent years.65 During the IranIraq War in 1980, many Kurdish and Iranian villages were all but destroyed. While reconstruction occurred rather quickly for those Iranian villages, reconstruction in Kurdish villages was sluggish, and to this day, the living conditions for Kurds are extremely poor. Moreover, because of the economic discriminations and state neglect described above, forced evictions of Kurds have become commonplace. The Iranian government has not only failed to use its means to fulfill the rights of the Kurds, but it has also intentionally ignored them. The failure to fulfill basic rights also extends to discrimination in the form of educational opportunities.66 While Irans official language is Persian, and the official documents and textbooks for use must be in this language, its constitution also allows for minority languages to be present in classroom. However, no measures have been introduced that open up teaching in minority languages or connect minorities to their native languages. While Kurds have held many campaigns to further their education, the government repeatedly denies these requests. 67 Kurdish women are seen as facing double oppression because of their ethnicity and their gender; they not only live in the Kurdish minority but also as women in a largely patriarchal society. Strict social and religions codes are used to justify the restriction of human rights for women.68 Kurdish women are largely illiterate and often must enter into force marriages. Iranian law also permits honor killings, where a relative may murder a woman in order to protect the familys honor against her violation of Sharia law. For example, in 2006, while a jailer was escorting a woman near a courthouse, a man appeared and slit the womans throat. According to Amnesty International, the armed guards simply threw pennies on the dead womans body- pennies intended to atone for the sin.69 In Iran, accusations of sexual relations outside of marriage constitute justification for the murder of a woman. In contrast, sexual relations outside of wedlock for men are rarely investigated, even in the case of rape. Women who report rape are often jailed and accused of a crime themselves. Because of this, rape often goes unreported at all.70 This case scenario highlights two major aspects of minority oppression. First, oppressors often utilize a culture to categorize and oppress a group of people. In this case, The Iranian government uses the separation and conflict between Shia and Sunni Muslims to legitimize oppression of the Kurdish people. It will be this committees duty to address the issues of oppression based on religion in the final resolution. Second, this case scenario highlights the plight of women in not only Iran but also the Middle Eastern region as a whole. In Iran, Kurdish women suffer even more than Kurdish men because of the double burden of their gender. Women from minority groups around the world undergo similar levels of increased oppression. Dictatorial and Political Oppression The current North Korean regime is perhaps the most oppressive regime that exists today. After the Second World War, Japanese-occupied Korea was divided into two separate countries. The North became a communist government under the Soviet Union, and the South became a democracy under the supervision of the United States. 71 The Democratic Peoples Republic of Korea gained independence in 1948, and up until 1994, knew only one leader: Kim II-sung.72 When Kim II-sung died in 1994, the country grieved hysterically. Millions of people flocked to the more than 30 thousand statues built in his honor; thousands committed

16

General Assembly

Legal Committee
The DPRK maintains control over citizens through its Ministry of People security, which requires North Koreans to spy on one another, often even family members. This system, called the inminban, turns families against one another and creates a feeling of paranoia throughout the country. Officials selected families from the wavering class to police their own neighbors, while the upper class was given relative leniency. In this system, private enterprise is completely banned and is considered an affront to communism; it can land both buyer and seller in one of the camps. 76 The North Korean government maintains this loyalty through a system of thorough indoctrination that starts from the nursery and continues to the grave. In North Korea, students are taught from an early age that religious minorities and those who speak against the government are responsible for the tragedies that befall them. Ian Ebright writes, What were the people devoted to? Kim Il-sung, and his political philosophies. It has been said that Kim Il-sung established a cult of personality. The government made sure he was worshipped like a god, from childrens songs rehearsed in the schools to frequent reminders throughout the factories. 77 In addition, all radio and television, as well as books, magazines, and church services are controlled and monitored by the government. Those who attempt to access or listen to any foreign media are sentenced to the work camps. While the country is nearly completely closed off to outsiders, one German doctor who served for eighteen months with a volunteer team in North Korea was able to speak out. What Dr. Norbert Vollertsen observed may simply be the surface of the oppression and maltreatment that the North Korean government exerts upon its people. I took care of several hundred children in those kindergartens and hospitals and they were literally dying under my hands. Most of the time I was too late because they were so weak, Vollertsen said.78 They were looking like ghosts, so skinny; no more emotional reaction, they cant cry anymore, they cant laugh anymore.79 Vollertsen saw extreme hunger, going on to say, The people are eating rats, snakes, little animals, insects, whatever they can find. The North Korean government is starving their own people, starving mainly their own opposition in order to give their whole money and whole food to the military, in order to increase military power. 80 However, Vollertsen saw not only extreme hunger, but also signs of torture: Seven-year-old children, 70 year old ladies they all speak about torture, concentration camp, mass execution, rape, about baby-killing, about every cruel biological medical experiment you can imagine, how they are using human beings as guinea pigs to develop anthrax for example And when we hear all these stories we will be ashamed, Vollertsen said.81 We will be shocked that we were so ignorant for nearly 50 years now, that we simply didnt care because we did not know. 82

A map depicting the Democratic Peoples Republic of Korea.

suicide.73 But why would a people grieve so hysterically for such an oppressive leader? To understand this it is necessary to look back at the history of North Korea. One of Kim II-sungs first orders was to identify a (rather permanent) class-based system based on loyalty to the government. What developed was a three-tier class system; each family was interrogated and ranked in about eight different background checks and interviews. The upper class is known as the Workers Party of North Korea, followed by the wavering class, and at the bottom is the hostile class.74 In this strict caste system, upward mobility is negligible, but the slightest political offense, something trivial like a harsh word about the government, can cause demotion to the hostile class and shipment to labor camps. These labor camps, according to limited sources, are much like the concentration camps of the Second World War, simply without gas chambers. According to Tom Head, an expert on civil liberties, the North Korean government maintains ten concentration camps, with a total of between 200,000 and 250,000 prisoners contained therein. Conditions in the camps are terrible, and the annual casualty rate has been estimated as high as 25%. The North Korean government has no system of due process, imprisoning, torturing, and executing prisoners at will. Public executions, in particular, are a common sight in North Korea.75

Harvard National Model United Nations 2012

17

Legal Committee
However, because the country employs an extreme amount of secrecy in its policies, the people of the world may never understand the extent of the oppression that occurs in North Korea. The Root of the Problem As can be inferred from these two case studies, oppression comes in all varieties, including political, racial, socioeconomic, religious, and ethnic oppression . Opinions vary, however, regarding how the world believes the international community should deal with the problem. Some countries advocate full intervention and sanctions against countries that oppress minority population. Other nations advocate a less active approach whereby each culture is sovereign and should be able to define its own laws. The Legal Committee must decide which of the two approaches it wishes to follow to solve this problem. 2006.87 They were charged with acting against national security but released a month later on bail equivalent to around US$54,000.88 They presented their final defense to the court in Sanandaj on 31 December 2007. In April 2008 the journal was banned on grounds of receiving money from an outside source, possibly in connection with selling the journal in the Kurdistan region of Iraq. The men were fined.89 While the treatment of the Kurdish population by the Iranian government remains harsh today, other minority groups are also oppressed within Iran. Iran also oppressed women and minority religious groups, as described above. As seen in the protests against the re-election of Ahmadenijad, the Iranian government is willing to oppress any group that speaks out against the government.90 Oppression is also at an all-time high in North Korea. At the time of North Koreas conversion to communism, the leaders promised food to all of their citizens, an attempt to gain popular support for their ideology.91 However, in the early 1990s the system started to break down.92 Early stages of famine became apparent to the North Korean people. The North Korean governments insistence on spending vast amounts of money on propaganda and the military had a detrimental effect on the countrys citizens in this way. . The country was forced to rely on other communist nations for both military and agricultural support.93 The Broken Telegraph reports, In all, an estimated 600,000- 2,000,000 North Koreans died from the famine by 1998, and another 1,000,000 have died of famine-related conditions since then.94 North Korea received $2.4 billion in food aid between 1996 and 2005, though as the few visitors to the country discovered, the large majority of the aid never reached the population most in need, have instead been taken

current situation
Oppression in Iran and the DPRK Today Today, while the Kurdish people in Iran have made many advances in their search for human rights, oppression continues both politically and culturally. More than 300 people are still imprisoned in Iran for supporting Kurdish political groups; Iran declines to comment on these arrests and has not allowed Amnesty International officials to consult the prisoners.83 Human rights defenders, primarily women, are targeted for oppression. According to Amnesty International, Roya Toole, a 40-year-old pro-democracy and womens rights activist, was arbitrarily detained for 66 days beginning in August. She was held on trumped-up charges for helping to organize demonstrations protesting against the killing of Shawna Qaderi, demonstrations that remained peaceful.84 A pathologist and founding member of the Association of Kurdish Women for the Defense of Peace and Human Rights, she was held in solitary confinement and tortured. She says that she only agreed to sign a confession because her captors threatened to burn her two children to death in front of her.85 Female Iranian human rights defenders have often aroused more hostility from the state authorities than their male colleagues because their activities are perceived as defying cultural, religious or social norms about the role of women.86 Equally important, Kurdish media in Iran suffers from the constant threat of shutdown by the government. Since Ahmadenijads election, the government has forced more than forty Kurdish publications to cease operations. Amnesty International describes one case:, Three members of the editorial board of the Kurdish-language fortnightly Rojhelat Farad Manipur, Reza Alipour and Saman Solaymani were arrested at the newspapers office in Canada in October

This map depicts what is considered to be the region of Kurdistan.

18

General Assembly

Legal Committee
for military stockpiles or sold on the black market. It was not until 1998 that the UN was allowed to set up a reasonable monitoring operation for the food aid, but, as Demick mentions, the worst of the famine was over by then because everybody who was going to die was already dead.95 Since then, the famine and oppression has continued. While the North Korean people have begun to fight back, recently developing a black market that has forced the government to relax some restrictions on trade, other human rights abuses such as executions have escalated.96 Oppressed Populations Worldwide While these are two of the most extreme cases of oppression in the world today, the issue of minority rights is by no means limited to Iran and North Korea. From the oppression of Christian missionaries in China to the persecution of women throughout the Middle East, the rights of minorities must be protected. The issue of national sovereignty, however, has prevented the United Nations in the past from involving itself in such issues. This body must decide in what circumstances and to what extent the United Nations and the international community should be able to intervene in a nations internal policies to solve problems.

The Univeral Declaration of Human Rights was drafted in 1948.

Past international actions

The Universal Declaration of Human Rights Perhaps the most comprehensive and important document protecting minority rights, and all human rights in general, is the Universal Declaration of Human Rights. The Declaration, while containing no enforcement clauses, outlines the protection each nation should give to its people and outlaws all discrimination. The Declaration serves as the basis for international law in the protection of minorities by protecting the right of all people, regardless of ethnicity, gender, political party, or religion, to openly practice and assert their opinions. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Until the last few decades, international law lacked any specific guideless for the protection of minority rights. However, in 1992, the United Nations adopted the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which was a first step towards ensuring that the rights of minorities around the world were protected. The Declaration protects the rights of persons to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.97 In addition to laying the groundwork for international law, the Declaration also established Working Group on Minorities to work on the protection of minority rights.

The Working Group on Minorities The mission of the Working Group on Minorities is to examine ways and means to promote and protect the rights that are set out in the Declaration. According to the United Nations, the Working Group, which is comprised of five members, representing each of the five geographic regions of the United Nations, meets for one week each year. At this meeting, the Working Group prepares a formal report to be considered by the subcommittee. 98 This annual report contains information about the three priorities the commission of the Working Group holds: the practicality of the Declaration, solutions to afflictions involving minorities, and understanding the relationship between minorities and governments in order to recommend further action to be taken to protect minorities.99The Working Group provides a place for non-governmental organizations and other members of the international community to consider issues that pervade every culture and to discuss differing perspectives that cultures have regarding tolerance of minorities and the relationship that governments have with minorities. Essentially, it provides a sounding board for both minority groups who feel oppressed, and also those countries that are accused of oppression. According to the United Nations, the Working Group also has organized, together with national institutions and NGOs, a series of seminars on various topics related to the Minorities Declaration or specific rights contained therein. The reports of the seminars then serve as a basis for further discussion during Working Group sessions.100 Thus, the working group serves not only as a center for recommendation but also for debate and education. The issues discussed in the Working Group are the very same this body must discuss. In the past, the Working Group has recommended several actions be taken with regards to minority rights. Economic sanctions: In the past the United Nations has utilized an embargo to limit, interrupt, or hinder

Harvard National Model United Nations 2012

19

Legal Committee
a countrys economic activity. The goal of economic sanction is to force a government to compromise in order to protect the economy. Sanctions have been used, although not mandatorily and certainly ineffectually, to combat situations like apartheid in South Africa. Examples of economic sanctions include boycotts of certain goods and high tariffs. Suspension :Article Five of the United Nations Charter states that the Security Council can suspend the privileges of a member state. Expulsion: the involuntary withdrawal of a member state from the United Nations. Military force: The most severe and least common response, military force has been recommended and utilized to combat oppression.101 While the United Nations has a declaration and a working group to deal with minority rights, the Legal Committee must draft a framework to guide its future response to the oppression of minority groups. It must define what kind of actions should take place, if any, to combat the oppression of minorities and should use the cases of the Kurds in Iran and the nation of North Korea as examples. It must also balance the rights of the minorities in the international arena with the sovereignty of individual nations and include direct humanitarian responses to crises such as those seen in North Korea. 1976: The United Nation places into action the International Covenant on Economic, Social, and Cultural Rights, which sets standards for the economic, social, and cultural rights of individuals within nations. These include the right to health, education, and an adequate standard of living.105 1992: The United Nations drafts the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, which allows people to practice their unique culture, religion, and language without any form of discrimination.106 1995: The United Nations establishes the Working Group on Minorities, which meets each August to publish a report with three goals: renewing the practicality of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, suggesting ways the international community can further protect these minorities, and proposing action to implement these ideas.107 2006: The United Nations establishes the United Nations Human Rights Council. This replaces the Committee on Human Rights, which notoriously had a number of members with long histories of human rights violations. According to the United Nations, the Human Rights Council is responsible for promoting human rights around the globe. The Council was created by the UN General Assembly on 15 March 2006 with the purpose of addressing situations of human rights violations.

ProPoseD solutions
Proposition 1: Sanctions and Military Action This proposition recommends that a committee should be established that works with non-governmental organizations and other United Nations committees to identify a list of countries each year that actively oppress minorities. In addition, a four-tiered system should be established to punish those countries that actively oppress minorities. The four steps are suspension, expulsion, economic sanctions, and military actions. The tier of punishment applied will be based on the severity of the offenses and their time frame. The nations will be identified based by the committee above International aid workers should not be able to work with governments that are shown to actively oppress minorities. Foreign aid to nations who actively oppress minorities should be completely discontinued, as the resources that are meant to help civilians are often misused. However, non-governmental organizations should be allowed to enter the country and help civilians directly. States that support oppressive regimes should be subject to the same four-tiered system to which the oppressive nations are subject.

tiMeline of significant events

Because of the nature of the topic and because the issue of minority rights and oppression has been so prevalent throughout time, it is difficult to summarize significant events in the history of the oppression of minorities. Instead, this section contains a timeline of action taken against the oppression of minorities. 1948: After the Second World War, the United Nations passes the Convention on the Prevention and Punishment of the Crime of Genocide, which criminalizes genocide.102 1948: The United Nations creates the Universal Declaration of Human Rights, which represents the first attempt, as almost a direct response to the Second World War, to protect the rights of all humans.103 1966: The United Nations affirms the International Covenant on Civil and Political Rights, which protects the speech, religion, assembly, and electoral rights of minorities.104

20

General Assembly

Legal Committee
This proposal would allow the international community to use vast resources in a wide variety of cases to protect the rights of minorities worldwide. It would also allow the international community to directly track to whom aid is given. However, it restricts the international community by not allowing the nations to take a side during a revolution. Moreover, this solution does not protect national sovereigntyby allowing the United Nations to intervene in crises worldwide, individual nations ability to control those within their borders in the manner they choose is weakened. Proposition 2: Sanctions A committee should be established that works with non-governmental organizations and other United Nations committees to identify a list of countries each year that actively oppress minorities. Furthermore, a three-tiered system should be established to punish those countries that actively oppress minorities. The three steps will be suspension, expulsion, and economic sanctions. Military force will not be utilized. The tier of punishment applied will be based on the severity of the offenses and their time frame. International aid workers will be allowed to work with governments until expulsion. Foreign aid to nations who actively oppress minorities should be restricted if the nation has been expelled from the United Nations. However, non-governmental organizations should be allowed to enter the country and help civilians directly. States that support oppressive regimes should be subject to the same three-tiered system to which the oppressive nations are subject. The United Nations should actively step in to halt discrimination. As an international body, the rights of the United Nations in the area of oppression supersede national sovereignty in a single nation. However, military force will not be utilized. In the case of a revolution by a minority, the United Nations should not support one side specifically but should send aid workers and security forces to the region in order to protect civilians. This solution allows the international community to utilize significant resources to protect minority rights worldwide. It also allows the international community to make sure aid is being utilized properly. However, the proposition restricts the international community by not allowing the international community to take a side during a revolution and prohibits the use of military force. Moreover, this solution does not protect national sovereignty- by allowing the United Nations to intervene in crises worldwide, individual nations ability to control those within their borders in the manner they choose is weakened. Proposal 3: Sovereignty This solution does not allow the international community to intervene in most cases of oppression worldwide. Instead, it protects the national sovereignty of each nation, regarding each nations power to determine its own laws and policies as greater than that of the international community. Aid workers should be allowed at all times to work with governments, regardless of the status of the country, but only with the permission of the government. Aid workers and inspectors will only be allowed into the nation with the permission of the governments. No sanctions or actions will be taken against countries that actively oppress minorities, except in extreme cases. Recommendations may be made, but the sovereignty of nations must be respected. Foreign aid should be maintained regardless of a nations status. In the case of a revolution by a minority, the United Nations should not support or actively aid either side. The United Nations will respect the sovereignty of each nation and allow the nations to solve problems internally.

bloc Positions
The United States The active bloc will be most likely to support the first set of solutions, which includes both economic sanctions and military action. Based on past evidence, countries such as the United States have done a great deal in the international community to protect civilians of foreign countries in times of oppression and revolution. Countries such as these pride themselves on the individual rights and liberties they grant to their citizens. Moreover, their ideologies motivate them to advocate these freedoms to other nations. These nations actively advocate for interventionist policies, often with the use of military force, as seen in their participation in the Cuban embargo and the war in Iraq. As the worlds largest economic and military powers, these nations are unafraid to utilize their resources to promote individual freedom from oppression and protect civilians who are experiencing revolution. These nations also support humanitarian aid to warring or oppressed regions but tend to be opposed to any aid going to governments that oppress their peoples.

The United Nations headquaters in New York City, USA.

Harvard National Model United Nations 2012

21

Legal Committee
The European Union These countries are most likely to support the second set of solutions that includes economic sanctions but does not promote military action. Based on past action, these countries have opposed military intervention policies that are not considered vital to their national securityWhile these countries offer personal liberty to their citizens and do not actively oppress any minorities, they are more hesitant than the United States Bloc to actively push their worldview on other nations. Although they would most likely avoid military action, except in extreme cases such as in Libya, these countries still support economic sanctions and other punishments in some cases of oppression. As mostly first-world countries with sizeable economies, these countries have the resources and are often willing to provide international aid to warring regions and oppressed peoples but most likely do not support aid to governments who actively oppress minorities. These nations, like the Western bloc, would most likely oppose a provision in the resolution preventing nations from choosing a side during a revolution. As exemplified by their active role in Libya, these countries support one side during a revolution and would not support a provision that would limit this ability. Although they do not support military action in all cases, they will support military action in some cases of extreme oppression. While they view national sovereignty more strongly than the Western bloc, international action can still be necessary in some cases. I think that your Western Bloc should just be the US given the differences you have described between its position and the EU. Asia and the Middle East These countries are most likely to support the third set of solutions, which place a heavy emphasis on national sovereignty, the ability for each country to determine its own policies. This view places little importance on the international communitys ability to intervene in individual countries and determine what constitutes the oppression of minorities. These nations would be likely to oppose a commission or committee that would identify nations as oppressive, largely because many of the nations in this bloc would likely be named on the list. While some countries in this bloc offer personal liberty to citizens and minorities, many others in this bloc do oppress minorities. Because of this, they are unlikely to support any resolution that takes action against oppressive governments. As largely developing nations, these nations are likely to support foreign aid because they would be the recipients of the aid. Moreover, they would propose that the aid be delivered to the governments as opposed as given directly to the people, claiming that they can offer better expertise and efficiency in providing the aid to the areas that need the aid the most. These countries are likely to support a neutrality clause, where countries are required to remain neutral in conflicts such as a revolution. They would support such a clause because these countries are the most likely to have a revolution occur.

relevant Partners
Human Rights Watch will be essential to this committee as it discusses the oppression of minorities worldwide. As an organization dedicated to human rights, Human Rights Watch will be able to provide important information regarding the current state of oppression in certain countries. As a strong defender of individual liberties and human rights, Amnesty International investigates the state of human rights in countries around the world; they will be an essential source of information regarding the state of oppression worldwide. As an organization on the front lines of conflict, Doctors Without Borders will be able to provide firsthand experience regarding the state of the rights of minorities on the ground. As a conglomerate containing several NGOs that deal with human rights, the International Federation for Human Rights mission is to ensure that the Universal Declaration for Human Rights is carried out. The Minority Rights Group will provide resources on the current state of minority rights worldwide and offer suggestions on how to improve minority rights.

Questions a resolution Must answer

How can we formally identify nations who actively oppress minorities? Should states that actively oppress minorities be punished? What specific actions should be taken? Should international aid workers be allowed be allowed to work with governments that actively oppress minorities? Should states that support oppressive regimes be punished? Should the UN step in to halt oppression? Or is this an issue for each nation to deal with utilizing its own sovereignty? What should be done in the case of a revolution by a minority?

suggestions for furtHer researcH

When conducting further research, it will be important to stay up to date on current events. Because of the changing nature of the problem at hand, it will be important to monitor changes in the status of minorities worldwide. When researching, news sites such as the New York Times and BBC will prove especially helpful.

22

General Assembly

Legal Committee
In addition to staying up to date on current events, having a background in the documents that are currently in place to defend the rights of minorities will be especially important. Documents such as the Universal Declaration of Human Rights should be referenced frequently; not only will this give a background on the current state of international law regarding human rights, but it will also allow provide an idea of what ideas have and have not already been attempted. Documents such as the Univerisal Declaration of Human Rights and works by groups such as the Minority Rights Group can be found on the United Nations website and the Minority Rights Group website, respectively. These websites will provide the most important part of research required for this committee. Please continue to research the topic as the conference approaches, and feel free to contact me regarding any questions you might have!

ENDNOTES
1 Quote - He That Would Make His Own Liberty Secure Must Guard Even His Enemy from Oppression; for If He Violates This D.. on Quotations Book. Welcome to Quotations Book - The Home of Famous Quotes. Web. 10 Aug. 2011. <http://quotationsbook.com/quote/23270/>. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 GENEVA CONVENTION. Peace Pledge Union. Web. 02 July 2011. Geneva Conventions. Latvijas Sarkanais Krusts - Redcross. Web. 02 July 2011. <http://www.redcross.lv/ en/conventions.htm>. GENEVA CONVENTION. Peace Pledge Union. Web. 02 July 2011. <http://www.ppu.org.uk/learn/ texts/doc_geneva_con.html>. Geneva Conventions. Latvijas Sarkanais Krusts - Redcross. Web. 02 July Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. Geneva Conventions. Latvijas Sarkanais Krusts - Redcross. Web. 02 July Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. GENEVA CONVENTION. Peace Pledge Union. Web. 02 July 2011. <http://www.ppu.org.uk/learn/ texts/doc_geneva_con.html>. Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. International Humanitarian Law - Treaties & Documents. International Committee of the Red Cross (ICRC) - Home. Web. 02 July 2011. <http://www.icrc.org/ihl.nsf/CONVPRES?OpenView>. United States Department of Defense. Web. 10 Aug 2011. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. History of Terrorism- A Guide to the History of Terrorism. Terrorism. Web. 02 July 2011. <http:// terrorism.about.com/od/whatisterroris1/p/Terrorism.htm>. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. Internet History Sourcebooks. FORDHAM.EDU. Web. 10 Aug. 2011. Terrorism Guide. OneWorld. Web. 02 July 2011. <http://uk.oneworld.net/guides/terrorism>. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. 21 22 23 24 25 26 27 28 29 30 History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. History of Terrorism- A Guide to the History of Terrorism. Terrorism. Web. 02 July 2011. <http:// terrorism.about.com/od/whatisterroris1/p/Terrorism.htm>. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. History of Terrorism- A Guide to the History of Terrorism. Terrorism. Web. 02 July 2011. <http:// terrorism.about.com/od/whatisterroris1/p/Terrorism.htm>. Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar. org/articles/concepts_mercenaries.html>. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar. org/articles/concepts_mercenaries.html>. Tickler, Peter. The Modern Mercena^ry. Wellingborough: Stephens, 1987. Print. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar. org/articles/concepts_mercenaries.html>. Tickler, Peter. The Modern Mercenary. Wellingborough: Stephens, 1987. Print. <http://www.fordham.edu/halsall/mod/robespierre-terror.asp>. 20 http://www.defense.gov/topissues/. 2011. <http://www.redcross.lv/en/conventions.htm>. 2011. <http://www.redcross.lv/en/conventions.htm>. <http://www.ppu.org.uk/learn/texts/doc_geneva_con.html>.

POSITION PAPERS
The purpose of the a position paper is to give each delegation the chance to summarize his or her understanding of the issue at hand, to delineate a nations stance on the issue, and to propose possible solutions that could be debated in committee. You should summarize your countrys past actions with regard to the issues in question, so as to gain a broader understanding of your countrys involvement with the two topic areas throughout history. You should also specify your countrys current views on the issues on question, bearing in mind the influence of your countrys international agreements and alliances and its present-day interests. Finally, you should discuss what your countrys official opinion would be regarding any proposed solutions, with an emphasis on the provisions that your country will allow exclude from any given solutions. Your position paper should not exceed one single-spaced page; brevity is encouraged. Please use Times New Roman, size 12 point font. Position papers will be due on February 1, 2012.

CLOSING REMARKS
These topic areas are both relevant and exciting and should provide for interesting debate. My vision in crafting this committee was to provide topic areas that deviated from traditional Legal Committee topics; I hope that both of these topics will prove to be more stimulating than other topic you may have encountered in previous Legal Committees. New methods of warfare have created a vastly different world than the one governments currently face; the Geneva Conventions must change with the times to continue to serve as the basis for the protection of soldiers and civilians during war. The oppression of minorities is a problem that exists worldwide and deserves action by the international community. It will be this bodys duty to come up with solutions that can be applied to solve the real problems minorities face across the world.

Harvard National Model United Nations 2012

23

Legal Committee
31 32 33 34 35 36 37 38 39 40 A Brief History of the Mercenary - Soldier of Fortune - and Contractors. Mercenary Wars and Soldiers of Fortune. Web. 02 July 2011. <http://www.mercenary-wars.net/history-of-merc.html>. Tickler, Peter. The Modern Mercenary. Wellingborough: Stephens, 1987. Print. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar. org/articles/concepts_mercenaries.html>. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www. terrorism-research.com/history/>. History of Terrorism- A Guide to the History of Terrorism. Terrorism. Web. 02 July 2011. <http:// terrorism.about.com/od/whatisterroris1/p/Terrorism.htm>. NATO Speech: Secretary Generals Speech at the Munich Security Conference, 12 February 2005. NATO - Homepage. Web. 02 July 2011. <http://www.nato.int/docu/speech/2005/s050212a.htm>. Terrorism Guide. OneWorld. Web. 02 July 2011. <http://uk.oneworld.net/guides/terrorism>. Zalman, Amy. Hezbollah -- A Profile of Lebanese Militant Group Hezbollah. Terrorism. Web. 02 July 2011. <http://terrorism.about.com/od/groupsleader1/p/Hezbollah.htm>. Foulkes, Imogen. BBC NEWS | Europe | Geneva Conventions Struggle for Respect. BBC News Home. Web. 02 July 2011. <http://news.bbc.co.uk/2/hi/europe/8196166.stm>. Witnesses Report Rioting in Tunisian Town | Top News | Reuters. 71 Reuters.com. 19 Dec. 2010. Web. 02 July 2011. <http://af.reuters.com/article/topNews/idAFJOE6BI06U20101219>. 41 Borger, Julian. Tunisian President Vows to Punish Rioters after Worst Unrest in a Decade | World News | The Guardian. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www.guardian.co.uk/world/2010/dec/29/tunisian-president-vows-punish-rioters>. 42 Press, Associated. Tunisia: 11 Die in New Clashes after Weeks of Unrest | World News | The Guardian. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www. guardian.co.uk/world/2011/jan/09/tunisia-clashes-weeks-unrest?intcmp=239>. 43 Blight, Garry, and Sheila Pulham. Arab Spring: an Interactive Timeline of Middle East Protests | World News | Guardian.co.uk. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www.guardian.co.uk/world/interactive/2011/mar/22/middle-east-protestinteractive-timeline>. 44 Batty, David. Egypt Bomb Kills New Year Churchgoers | World News | Guardian.co.uk. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www.guardian. co.uk/world/2011/jan/01/egypt-bomb-kills-new-year-churchgoers>. 45 46 47 48 UNHCR | Refworld | Resolution 241 (1967) of 15 November 1967. UNHCR Welcome. Web. 10 Aug. 2011. <http://www.unhcr.org/refworld/country,,,RESOLUTION,COD,,3b00f2843c,0.html>. Tickler, Peter. The Modern Mercenary. Wellingborough: Stephens, 1987. Print. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar. org/articles/concepts_mercenaries.html>. Modern Mercenary Armies in Iraq and Afghanistan: Using Contract Soldiers Has Historical Precedent | Suite101.com. Suite101.com: Online Magazine and Writers Network. Web. 02 July 2011. <http://www. suite101.com/content/modern-mercenary-armies-in-iraq-and-afghanistan-a147022>. 49 50 51 52 53 Welcome to the United Nations. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http://www.un.org/en/>. International Humanitarian Law - Additional Protocol I 1977. International Committee of the Red Cross (ICRC) - Home. Web. 09 July 2011. <http://www.icrc.org/ihl.nsf/full/470?opendocument>. Global Counter-Terrorism Strategy - UN Action to Counter Terrorism. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http://www.un.org/terrorism/strategy-counter-terrorism.shtml>. Global Counter-Terrorism Strategy - UN Action to Counter Terrorism. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http://www.un.org/terrorism/strategy-counter-terrorism.shtml>. Libya Death Toll Could Be As High As 30,000: U.S. Breaking News and Opinion on The Huffington Post. Web. 10 Aug. 2011. <http://www.huffingtonpost.com/2011/04/27/libya-death-toll-could-be_n_854582. html>. 54 Libya Death Toll Could Be As High As 30,000: U.S. Breaking News and Opinion on The Huffington Post. Web. 10 Aug. 2011. <http://www.huffingtonpost.com/2011/04/27/libya-death-toll-could-be_n_854582. html>. 55 56 57 58 59 60 61 62 Global Counter-Terrorism Strategy - UN Action to Counter Terrorism. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http://www.un.org/terrorism/strategy-counter-terrorism.shtml>. Dictionary and Thesaurus - Merriam-Webster Online. Web. 26 July 2011. <http://www.merriam-webster. com/>. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/north-korean-oppression/>. Hepatitis, AIDS, Research Trust. Web. 26 July 2011. <http://www.heart-intl.net>. Hepatitis, AIDS, Research Trust. Web. 26 July 2011. <http://www.heart-intl.net>. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. 93 92 83 84 85 86 87 88 89 90 91 82 81 80 79 78 77 76 72 70 69 67 68 66 65 64 63 Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International.Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Human Rights in North Korea - Human Rights Abuses, North Korean Human Rights Violations. Civil Liberties at About.com - Your Guide to Civil Liberties News and Issues. Web. 02 Aug. 2011.<http:// civilliberty.about.com/od/internationalhumanrights/p/northkorea101.htm>. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/northkorean-oppression/>. 73 Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/northkorean-oppression/>. 74 Human Rights in North Korea - Human Rights Abuses, North Korean Human Rights Violations. Civil Liberties at About.com - Your Guide to Civil Liberties News and Issues. Web. 02 Aug. 2011.<http://civilliberty.about.com/od/internationalhumanrights/p/northkorea101.htm>. 75 Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/north-korean-oppression/>. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/north-korean-oppression/>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/posts>. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/north-korean-oppression/>. Inside North Korea PART II: The Creep of Famine. The Broken Telegraph. Web. 03 Aug. 2011. <http:// brokentelegraph.com/2010/07/17/inside-north-korean-famine/>. Inside North Korea PART II: The Creep of Famine. The Broken Telegraph. Web. 03 Aug. 2011. <http:// brokentelegraph.com/2010/07/17/inside-north-korean-famine/>. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web. Amnesty International Publications, 2008. Web.

24

General Assembly

Legal Committee
94 95 96 97 98 99 100 101 102 103 104 105 106 107 Inside North Korea PART III: What Do We Do Now? The Broken Telegraph. Web. 03 Aug. 2011. <http://brokentelegraph.com/2010/09/29/inside-north-korea-what-now/>. Inside North Korea PART II: The Creep of Famine. The Broken Telegraph. Web. 03 Aug. 2011. <http:// brokentelegraph.com/2010/07/17/inside-north-korean-famine/>. Inside North Korea PART III: What Do We Do Now? The Broken Telegraph. Web. 03 Aug. 2011. <http://brokentelegraph.com/2010/09/29/inside-north-korea-what-now/>. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/issues/minorities/group/10session.htm>. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/issues/minorities/group/10session.htm>. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/issues/minorities/group/10session.htm>. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/issues/minorities/group/10session.htm>. .The Universal Declaration of Human Rights. Welcome to the United Nations: Its Your World. Web. 04 Aug. 2011. <http://www.un.org/en/documents/udhr/>. Convention on Genocide. The Human Rights Web Home Page. Web. 04 Aug. 2011. <http://www.hrweb. org/legal/genocide.html>. .The Universal Declaration of Human Rights. Welcome to the United Nations: Its Your World. Web. 04 Aug. 2011. <http://www.un.org/en/documents/udhr/>. International Covenant on Civil and Political Rights. OHCHR Homepage. Web. 04 Aug. 2011. <http:// www2.ohchr.org/english/law/ccpr.htm>. International Covenant on Economic, Social and Cultural Rights. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2.ohchr.org/english/law/cescr.htm>. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. OHCHR Homepage. Web. 04 Aug. 2011. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/issues/minorities/group/10session.htm>.

History of Terrorism- A Guide to the History of Terrorism. Terrorism. Web. 02 July 2011. <http://terrorism.about. com/od/whatisterroris1/p/Terrorism.htm>. NATO Speech: Secretary Generals Speech at the Munich Security Conference, 12 February 2005. NATO Homepage. Web. 02 July 2011. <http://www.nato.int/ docu/speech/2005/s050212a.htm>. Terrorism Guide. OneWorld. Web. 02 July 2011. <http:// uk.oneworld.net/guides/terrorism>. Zalman, Amy. Hezbollah -- A Profile of Lebanese Militant Group Hezbollah. Terrorism. Web. 02 July 2011. <http://terrorism.about.com/od/groupsleader1/p/ Hezbollah.htm>. Mercenaries A Brief History of the Mercenary - Soldier of Fortune - and Contractors. Mercenary Wars and Soldiers of Fortune. Web. 02 July 2011. <http://www.mercenary-wars.net/ history-of-merc.html>. Mercenaries. Military History Encyclopedia on the Web. Web. 02 July 2011. <http://www.historyofwar.org/ articles/concepts_mercenaries.html>. Modern Mercenary Armies in Iraq and Afghanistan: Using Contract Soldiers Has Historical Precedent | Suite101. com. Suite101.com: Online Magazine and Writers Network. Web. 02 July 2011. <http://www.suite101. com/content/modern-mercenary-armies-in-iraq-andafghanistan-a147022>. Shadow Soldiers | Video | | Shadow Soldiers - National Geographic Channel. National Geographic Channel - Animals, Science, Exploration Television Shows. 07 July 2003. Web. 02 July 2011. <http://channel. nationalgeographic.com/series/shadow-soldiers/all/ Videos>. Tickler, Peter. The Modern Mercenary. Wellingborough: Stephens, 1987. Print. Revolutions Batty, David. Egypt Bomb Kills New Year Churchgoers | World News | Guardian.co.uk. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www.guardian.co.uk/world/2011/ jan/01/egypt-bomb-kills-new-year-churchgoers>. Blight, Garry, and Sheila Pulham. Arab Spring: an Interactive Timeline of Middle East Protests | World News | Guardian.co.uk. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www.guardian.co.uk/world/interactive/2011/ mar/22/middle-east-protest-interactive-timeline>. Borger, Julian. Tunisian President Vows to Punish Rioters after Worst Unrest in a Decade | World News | The Guardian. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http:// www.guardian.co.uk/world/2010/dec/29/tunisianpresident-vows-punish-rioters>. Press, Associated. Tunisia: 11 Die in New Clashes after Weeks of Unrest | World News | The Guardian. Latest News, Comment and Reviews from the Guardian | Guardian.co.uk. Web. 02 July 2011. <http://www. guardian.co.uk/world/2011/jan/09/tunisia-clashesweeks-unrest?intcmp=239>.

BIBLIOGRAPHY works citeD toPic a

The Geneva Conventions and International Humanitarian Law GENEVA CONVENTION. Peace Pledge Union. Web. 02 July 2011. <http://www.ppu.org.uk/learn/texts/doc_ geneva_con.html>. Geneva Conventions. Latvijas Sarkanais Crusts - Redcross. Web. 02 July 2011. <http://www.redcross.lv/en/ conventions.htm>. International Humanitarian Law - Treaties & Documents. International Committee of the Red Cross (ICRC) Home. Web. 02 July 2011. <http://www.icrc.org/ihl.nsf/ CONVPRES?OpenView>. Rewriting the Geneva Conventions - New York Times. The New York Times - Breaking News, World News & Multimedia. 02 July 2011. Web. 02 July 2011. <http:// www.nytimes.com/2006/08/14/opinion/14mon1. html>. Summary of the Geneva Conventions of 1949 and Their Additional Protocols. Rep. American Red Cross. Print. Terrorism Foulkes, Imogene. BBC NEWS | Europe | Geneva Conventions Struggle for Respect. BBC News - Home. Web. 02 July 2011. <http://news.bbc.co.uk/2/hi/ europe/8196166.stm>. History of Terrorism. Terrorism Research - What Is Terrorism? Web. 02 July 2011. <http://www.terrorismresearch.com/history/>.

Harvard National Model United Nations 2012

25

Legal Committee
Witnesses Report Rioting in Tunisian Town | Top News | Reuters. Reuters.com. 19 Dec. 2010. Web. 02 July 2011. <http://af.reuters.com/article/topNews/ idAFJOE6BI06U20101219>. United Nations General Information United Nations Member States. Welcome to the United Nations: Its Your World. Web. 02 July 2011. <http:// www.un.org/en/members/>. Welcome to the United Nations. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http:// www.un.org/en/>. International Humanitarian Law - Additional Protocol I 1977. International Committee of the Red Cross (ICRC) - Home. Web. 09 July 2011. <http://www.icrc.org/ihl.nsf/ full/470?opendocument>. Global Counter-Terrorism Strategy - UN Action to Counter Terrorism. Welcome to the United Nations: Its Your World. Web. 09 July 2011. <http://www.un.org/ terrorism/strategy-counter-terrorism.shtml>. United States Department of Defense. Web. 10 Aug 2011. http://www.defense.gov/topissues/. Internet History Sourcebooks. FORDHAM.EDU. Web. 10 Aug. 2011. <http://www.fordham.edu/halsall/mod/ robespierre-terror.asp>. Libya Death Toll Could Be As High As 30,000: U.S. Breaking News and Opinion on The Huffington Post. Web. 10 Aug. 2011. <http://www.huffingtonpost.com/2011/04/27/ libya-death-toll-could-be_n_854582.html>. UNHCR | Reword | Resolution 241 (1967) of 15 November 1967. UNHCR Welcome. Web. 10 Aug. 2011. <http:// www.unhcr.org/refworld/country,,,RESOLUTION,CO D,,3b00f2843c,0.html>. Inside North Korea PART III: What Do We Do Now? The Broken Telegraph. Web. 03 Aug. 2011. <http:// brokentelegraph.com/2010/09/29/inside-north-koreawhat-now/>. Inside North Korea PART II: The Creep of Famine. The Broken Telegraph. Web. 03 Aug. 2011. <http:// brokentelegraph.com/2010/07/17/inside-north-koreanfamine/>. Convention on Genocide. The Human Rights Web Home Page. Web. 04 Aug. 2011. <http://www.hrweb.org/legal/ genocide.html>. What Is Minority Right? A Country Is Judged by the Way It Treats Its Minority? Recent Assertion by the KING That There Are No Minority & Majority in Lanka Flies on the Face of International Law & Understanding of MINORITY RIGHTS - Sri Lanka. Sri Lanka News - Largest Sri Lankan Forum at LNP. Web. 04 Aug. 2011. <http://www.lankanewspapers.com/ news/2011/2/64677_space.html>. International Covenant on Civil and Political Rights. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2. ohchr.org/english/law/ccpr.htm>. International Covenant on Economic, Social and Cultural Rights. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2.ohchr.org/english/law/cescr.htm>. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2.ohchr. org/english/law/minorities.htm>. Working Group on Minorities- Tenth Session. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2.ohchr. org/english/issues/minorities/group/10session.htm>. Human Rights Council - Homepage. OHCHR Homepage. Web. 04 Aug. 2011. <http://www2.ohchr.org/english/ bodies/hrcouncil/>. Quote - He That Would Make His Own Liberty Secure Must Guard Even His Enemy from Oppression; for If He Violates This D.. on Quotations Book. Welcome to Quotations Book - The Home of Famous Quotes. Web. 10 Aug. 2011. <http://quotationsbook.com/ quote/23270/>.

works citeD toPic area b

The Universal Declaration of Human Rights. Welcome to the United Nations: Its Your World. Web. 04 Aug. 2011. <http://www.un.org/en/documents/udhr/>. Dictionary and Thesaurus - Merriam-Webster Online. Web. 26 July 2011. <http://www.merriam-webster.com/>. Hepatitis, AIDS, Research Trust. Web. 26 July 2011. <http:// www.heart-intl.net>. Iran, Human Rights Abuses Against the Kurdish Minority. Amnesty International. Amnesty International Publications, 2008. Web. Inside North Korea PART I: A History of Oppression and Grief. The Broken Telegraph. Web. 02 Aug. 2011. <http://brokentelegraph.com/2010/06/26/northkorean-oppression/>. Charbonneau, Melissa. ABUSE- Oppression and Horror Inside North Korea. Latest Articles. Web. 02 Aug. 2011. <http://www.freerepublic.com/focus/news/652324/ posts>. Human Rights in North Korea - Human Rights Abuses, North Korean Human Rights Violations. Civil Liberties at About.com - Your Guide to Civil Liberties News and Issues. Web. 02 Aug. 2011.<http://civilliberty.about.com/ od/internationalhumanrights/p/northkorea101.htm>.

26

General Assembly

Guide to deleGate PreParation and rules of Parliamentary Procedure

Dear Delegates and Faculty Advisors, The HNMUN 2012 Secretariat is pleased to present you with the Guide to Delegate Preparation. In this guide, you will find an overview of substantive activities at conference, a list of differences between HNMUN and other MUN conferences in the world, an explanation of the characteristics of our various committees, a listing of the powers of the committee staff, and the updated Rules of Procedure. While this guide contains virtually all information regarding the substantive side of HNMUN, I invite you to consult the following documents as well in your preparation: Guide to Starting an MUN Team: This guide features a step-by-step guide to starting a Model United Nations Team at any college or university. Guide to First Time Delegations: This guide is aimed at familiarizing delegates who are new to MUN, and particularly those new to HNMUN, with the events at conference. Committee Study Guides: Our committees are directed by Harvard undergraduates, who dedicated their summer to researching and writing the most well-informed and comprehensive study guides on the issues of their committee agenda. Study guides contain not only a history and discussion of the problem at hand, but also sections detailing suggestions for further research, questions a resolution must answer, and ways to contribute to solutions in the real world community. Updates to the study guides, covering the latest developments and exploring nuanced aspects of the topic areas will be available online in mid-November. All of these documents and more are available under the Resources tab of www.hnmun.org. Additional resources on our website to assist you in your substantive preparations include links to the UN documents, country policies, and premier news sources. Please do not hesitate to contact any of the HNMUN Secretariat and staff with your questions. Best of luck with your preparation for HNMUN 2012 and we look forward to meeting you in February! Sincerely, Dominik P. Nieszporowski Secretary-General Harvard National Model United Nations 2012 info@hnmun.org

Harvard National Model United Nations 2012

23

Guide to Delegate Preparation and Rules of Parliamentary Procedure

INTRODUCTION General Comments

Welcome to Harvard National Model United Nations (HNMUN) 2012, the worlds largest and most prestigious conference of its kind. We are happy to have you with us. Throughout the conference weekend, you will be working with other highly motivated college students toward the common goals of international awareness and consensusbuilding. This document strives to explain both the philosophy of HNMUN and the substantive details of the conference. Without understanding both the overall goal of HNMUN and how the conference operates, delegates may feel overwhelmed and lost. It is our hope that this document will guide delegates throughout the weekend. Philosophy: The United Nations as an International Forum Our primary goal is to provide students interested in exploring the difficulties and complexities of international relations with the best possible simulation of diplomacy and negotiation. Our committees are designed to enable delegates to arrive at a comprehensive and pragmatic solution to each of the topics while realistically simulating the dynamics of a true United Nations (UN) session. For solutions to be reached in committee, we assume both that compromise is possible and that consensus is a necessary condition for successful negotiation. With these assumptions, we hope that the process of formulating the solutions embodied in a document called a resolution will reveal to the delegates the difficulties and complexities of international relations that our conference hopes to help delegates better understand. One could argue that the process of constructing a solution to international problems in itself does not offer much beyond a simple classroom experience. HNMUN allows delegates to examine current global problems through a wholly different lens. The solutions that any individual proposes to a world problem may technically seem correct, but these solutions are biased by the individuals own political inclinations. Representing a nations interest in the global community complicates the issues and forces delegates to question their prior beliefs and arrive at innovative conclusions on problems in international relations today. It is this process of simulation that ultimately advances our goal of teaching the power and complexity of international relations. It is important to clarify why we have selected the United Nations as the primary organ through which HNMUN operates. The UN is not a world government. The principle of national sovereignty has been consistently upheld, and nations do not relinquish their sovereignty in joining the UN. Through resolutions, the UN can offer solutions to world problems, but it has limited enforcement powers beyond the

force of international opinion that its decisions represent. The decisions must represent a single unified world voice to be effective and must be constructed through a series of compromises by nations with competing ends. Without solidarity, the decisions made by the UN would lack any credibility and, therefore, any force. For the UN, finding a consensus is no easy task. No other body involves 193 countries debating international issues in unison. Each state wants its own voice heard and its own interests represented as solutions are reached on any given issue. Compromise is therefore necessary for anything to be accomplished. Thus, the need to find a consensus is certainly a hurdle to be overcome for both the real UN and for HNMUN, but it is this challenge of using international negotiation and compromise to solve world problems (and sometimes its failure) that makes us believe that the UN is the best body through which to advance the goals of the conference. Structure For both logistical and substantive reasons, HNMUN simulates only certain parts of the real UN. A given college or university attending the conference represents one or more countries, and each country is represented by one or two delegates in each committee. In this way, HNMUN emulates the practices of the UN. Delegates must align themselves with the policy of the represented country to advance the countrys interests in the world community. However, HNMUN extends beyond just the UN itself. The conference incorporates simulations of regional bodies outside of the UN system, such as the European Union and the UN Economic and Social Commission for Asia and the Pacific. Debate in these non-UN bodies focuses on two issues of primary importance to the region, as members try to advance the interests of their own countries within the larger context of the regional body. It is important to understand that the central goal of our conference is not only to provide a simulation of the UN, but rather to help delegates understand the complexities of international diplomacy. We do not believe that the UN alone is the ultimate method for learning the nuances of international diplomacy. Rather, the UN in conjunction with other bodies offers delegates a comprehensive simulation of international diplomacy and negotiation. HNMUN also gives delegates the opportunity to further their education in global diplomacy by representing non-state actors in our Non-Governmental Organizations program and our continual crisis committees. Whether they are representing Amnesty International or the Polish writer Adam Mickiewicz in the summit of Exiled Revolutionaries, these delegates have the chance to experience the ways in which negotiation and compromise operate in settings that depart from the standard state-centric model of the UN and other international organizations.

24

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

PurPose of this Guide

The main purpose of this guide is to prepare delegates for Model United Nations (MUN) conferences in general and for HNMUN 2012 in particular. Delegates who have experience with MUN should look at the Differences between HNMUN and other Model United Nations conferences section below. For those who have not, here is the general structure of the guide and the purpose of each part: Procedural Preparation In order to perform in committee, delegates must have an understanding of the basic structural elements of MUN. HNMUN emphasizes the useful application of rules to promote the smooth functioning of the committee rather than as the focus of delegate performance. This Guide to Delegate Preparation contains most of this functional information, including details on the rules of debate at HNMUN and the UN system. It is important for delegates to understand the rules, because they enhance the workings of the committee and the learning experience of the delegate. To prevent misunderstandings and delays, a comprehensive understanding of the rules and their use is vital. Additionally, delegates can use an understanding of the rules to advance their own policies in committee. For example, in large General Assembly committees, the speakers list can become quite long, and a delegate may have to wait for an hour or more before it is his or her turn to speak. However, by using the rules governing yielded time, questions, and comments from the floor, a delegate can speak far more frequently. Knowledge of the rules is an important tool to allow you to air your views productively and efficiently. At conference, please do not hesitate to clarify issues of procedure and debate with the committee staff through points of parliamentary inquiry. Substantive Preparation Once delegates understand the rules of committee, they should learn how to contribute substantively to the debate. Substantive preparation, the process by which delegates learn how their ideas can make a difference in the committee, is a three step process. First, delegates should research their committee and its place in the UN system or in the international framework. By knowing the powers and duties of their committee, delegates can get a sense of what types of solution will and will not be possible. Delegates should then master the topics that their committee will discuss. Although the study guide provides a strong foundation of information on the topics, it is essential that delegates build on this foundation with their own research. Each study guide contains a section detailing suggestions for further research to aid with this process. Lastly, delegates should learn their countrys policy on the topics being addressed, so that they can represent their country strongly and accurately. This Guide to Delegate Preparation will walk you through the research you should

do to be prepared in committee. Delegates with a solid grasp of the topics, their countrys positions, and the committees mandate will be leaders in the attempts to find solutions to the problems being addressed and to write resolutions that carry out those solutions. Committee Information This section contains other details about HNMUN that will enable you to better understand how the conference as a whole will run. It will first help delegates understand the different organs at HNMUN and how debate functions in each. It will then introduce the dais staff that will run each committee and describe the roles of each staff member. Lastly, it will discuss our expectations of delegates, both substantively (the criteria used for deciding awards) and sartorially (the dress code at HNMUN).

differenCes between hnmun and other model united nations ConferenCes

For the most part, this Guide to Delegate Preparation is written for the delegate who has not been part of a Model United Nations conference before. It provides an introduction to MUN as well as information about HNMUN. Therefore, experienced delegates need not read it all the way through. However, these delegates should be aware that HNMUN is not alike in every respect to other MUN conferences in which you may have participated. In particular, please note the following: Committees at HNMUN, with the exception of the continual crisis committees, may pass only one resolution on each topic area. Because only one resolution can be passed, there is a much greater emphasis on compromise and cooperation at HNMUN than at other MUN conferences. Many procedural rules at HNMUN may differ from those to which you are accustomed. You may want to skim the rules, located at the back of the Guide to Delegate Preparation, to look for such variances so that you are prepared for them in committee. No prewritten working papers or draft resolutions will be permitted at HNMUN. All written material introduced in a committee must be the product of work done at the conference itself. Resolutions at HNMUN do not have sponsors. Instead, draft resolutions require a certain number of signatories to be shown to the Director and listed alphabetically at the top of the document before they are brought onto the floor for debate. Following the Directors approval, any delegate (whether or not that delegate is a signatory of the draft resolution) may move to introduce the draft resolution. Signing a draft resolution does not mean that you wrote it or that you support it; it means only that you believe it should be debated.

Harvard National Model United Nations 2012

25

Guide to Delegate Preparation and Rules of Parliamentary Procedure

Because there are no sponsors, all amendments are considered unfriendly, requiring the majority vote of the committee to be integrated into the draft resolution on the floor. Only non-substantive typographical amendments may be made without a vote, at the Moderators discretion. Amendments at HNMUN are substantive, not procedural motions. For detailed amendment procedures, please consult the Rules of Parliamentary Procedure at the end of this guide. There are no Chairs at HNMUN. Instead, a Moderator and a Director jointly run each committee; the Moderator oversees debate and is the enforcer of procedure, while the Director prepares the study guide and is the substantive expert. Debate at HNMUN adheres more closely to the study guide than it does at some other conferences. In particular, all draft resolutions must address the issues mentioned in the Questions a Resolution Must Answer section of each study guide. Following a speech in formal debate, if no yields are made, two comments are automatically in order. The possible yields are to questions, to another delegate, or to the chair. If a yield is made, no comments are in order. Comments are never in order during a moderated caucus. or concurrent working papers. Working papers should help advance the committees work, not duplicate it. This means that once a variety of proposals and viewpoints are introduced, the committee should begin to formulate the working papers into comprehensive draft resolutions. Delegates should be aware that working papers are not mini-resolutions in that they do not need to be in any specific format and do not need to cover all the issues raised in the Questions a Resolution Must Answer portion of the study guide. For instance, a working paper may consist of bullet points with compelling ideas that the delegates wish for the committee to debate. Please note that no prewritten working papers are allowed at HNMUN. Additionally, ideas do not have to appear in working papers before they can become draft resolutions. That said, working papers do provide a very useful tool for getting the entire committees feedback on specific ideas before presenting them as formal draft resolutions. Draft Resolutions As in the real UN, the main vehicle of action at HNMUN is the resolution, a formal document in which a committee spells out the action to be taken in order to solve a particular problem (please see the sample resolution included in this guide). Each draft resolution should deal specifically with the topic area currently under discussion by the committee. The following criteria must be met before a draft resolution can be introduced to the committee: It must adequately address the points set out in the Questions a Resolution Must Answer section of the study guide, as well as any other points that have been raised in the course of debate. It must be well-written, concise, and free of grammatical and typographical errors. It must have the minimum number of signatories as stipulated in the Rules of Procedure. HNMUN documents do not have sponsors; instead, they have signatories. It must be typed (for photocopying purposes). It must receive the approval and signature of the Director. Directors have the discretion of suggesting changes to a working paper or draft resolution, or redirecting the submitters to cooperating with delegates with similar papers, prior to approving any documents. It must be completely original work done at the conference; no prewritten draft resolutions will be allowed, and plagiarism will not be tolerated. Because the committee can pass only one resolution on each topic at HNMUN, delegates should expect to be asked to revise draft resolutions several times before they meet the Directors standards. While the Director will not advocate a particular solution, it is his or her responsibility to ensure that the committee has fulfilled its responsibilities and adequately addressed the entire topic before it can be introduced as a

THE PATH TO A RESOLUTION

Before we can discuss the specifics of the debate structure, it is important to note that the purpose of the debate, as stated in our philosophy, is to produce a comprehensive and pragmatic solution to the topic embodied in a document called a resolution. If we are to understand the nuances of the debate, we must first grasp the path towards the resolution. The process for producing a resolution in a committee at HNMUN consists of two main written stages: the working paper and the draft resolution. Working Paper Working papers mainly serve as a point of reference for discussion in committee by putting abstract ideas into a concrete, written form (please see the sample provided later in this guide). Working papers are usually short proposals on one or more aspects of the problem under discussion and serve as a way of breaking down an issue into manageable units. They may contain signatories, listed alphabetically at the top of the document. With the approval of the Director, working papers are copied and distributed so that the committees delegates can learn about the positions and interests of other delegates. As the committees work progresses, new points and ideas should be compiled into new working papers. Amendments cannot be made to working papers. Subsequent working papers must contain ideas that do not appear on any previous

26

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

draft resolution. Our Directors are trained to be very selective in accepting draft resolutions, and delegates should not be surprised or offended if the dais staff sends a proposal for a draft resolution back for revision before approving it. It is the committees responsibility to construct an effective resolution to handle the situation at hand. When a draft resolution is introduced, it is usually not ready for an immediate vote. Much debate, compromise, and revision are involved in the formulation of a resolution that can be agreed upon by the committee. Amendments The amendment process is used to improve draft resolutions as the course of debate evolves to reflect concerns that may not have been addressed in the original document. Amendments can greatly enhance the work of a committee. A clear understanding of the rules of procedure is very important to the process of proposing, debating, and voting on an amendment. At HNMUN, all amendments must be put to a substantive vote of the entire committee. There are no friendly amendments, and all amendments are treated in the same way regardless of the effect they have on the draft resolution in question. To introduce an amendment, delegates will need a number of signatories, as well as the approval of the Director. If an amendment is passed by the body, it is immediately incorporated into the text of the draft resolution for the purposes of debate and voting. Please consult the Rules of Parliamentary Procedure at the end of this document for detailed directions on the introduction and debating of amendments. Voting The final act in the discussion of a topic area is voting on the draft resolution(s) on the floor, as amended throughout the course of debate. A resolution is passed when a majority of the committee votes in its favor, and only one resolution may be passed for a topic area. By adopting a resolution, the committee has agreed, by a majority, that this is the best possible solution to the problem at hand. Discussion of the topic area is completed upon passage of a resolution. The process is then repeated for the second topic area, time permitting.

understandinG the mandate of the Committee

The first place to look for information is the committee study guide. Each study guide includes a History of the Committee section that gives background on the committee, its responsibilities, and some of its major achievements in the past. However, this section should be only the beginning of ones research. The next step should be to investigate the official mandate of the committee. For most committees within the UN system, this is easy: simply look at the UN Charter. The founding document of the United Nations gives detailed descriptions of the powers and responsibilities of the General Assembly, the Economic and Social Council, and the Security Council. The websites of the committees of the General Assembly and the commissions of the Economic and Social Council give more specific descriptions of the mandates assigned to them. Similarly, most non-UN international bodies have some sort of charter or treaty that describes how much power the body has. Once delegates are aware of the committees mandate, the next step is to understand what resources it has available and how it will carry out decisions it makes; this will inform the type of resolutions that can be written. One of the best ways of getting a sense of ones committee is to look at some of its past actions. Looking at some resolutions a committee has passed is indicative of the types of solutions it employs. What strategies and formats are generally used by the committee to address international problems? Past resolutions can be accessed on the UN website as reference to the work that the committee has previously done.

researChinG the toPiC areas

The committee study guides can serve as an excellent starting point for delegate research. The study guides are a result of extensive research and effort on the part of the Directors and are the foundation of substantive preparation for each of the committees. While reading the study guide, delegates should be conscious of the fact that they must act as policy makers, analyzing and molding the information they have received into solutions and resolutions. The study guide updates will add supplementary information and new angles. Updates will be available on the website before early December. While the study guide and updates will provide a beginning for substantive preparation, it will be necessary and rewarding for delegates to do additional research. Directors have included in their study guides a list of the most useful sources in learning about particular topic areas. It is crucial that participants use these sources and more to

SUBSTANTIVE PREPARATION
This section addresses the preparation delegates can make prior to arriving at the conference. Delegates who are new to MUN or HNMUN are encouraged to consult the Guide to First Time Delegations, which provides an introduction to MUN and the events of the conference. The preparation tips outlined below will be most useful when combined with a thorough examination of committee study guides and rules of parliamentary procedure, as well as conduct of independent research.

Harvard National Model United Nations 2012

27

Guide to Delegate Preparation and Rules of Parliamentary Procedure

focus their preparation and increase the breadth and depth of their knowledge about the topics. Faculty advisors and head delegates should introduce their students to any resources available in their academic communities to help them learn as much as they can about the topics. Delegates are encouraged to focus particularly on what new action they feel the committee can or should take. The section of the study guide entitled Past UN Action describes some of the attempts taken by the international community in the past to solve the problem being discussed. Participants can use this and their own research as a starting point for possible solutions, but should remember that the reason this topic is still being discussed is that the past solutions have not been entirely successful. As research proceeds, delegates are encouraged to consider why solutions have not been successful and ponder ways of correcting the errors of past attempts that are in line with the mandate of the committee. Coming into the committee with a solid grasp of what has and has not worked in the past will allow the committee members to propose innovative ideas to address the problem. conflict in the past. Furthermore, delegates should consider the actions and intentions of non-state actors that have been involved in the issue. In combination with the Bloc Positions and Relevant Partners sections of the study guide, this type of research will inform delegates of potential allies at the conference, with whom they could discuss solutions to the problems posed by the topic areas.

Position PaPers
The position papers are the focus of the substantive preparation before the conference. The main purpose of the position paper is to help delegates to express their countrys policy clearly and concisely. A strong position paper will contribute to delegate performance in committee at conference. Each study guide has a section entitled Position Papers that provides guidelines on how to write these papers. Conventionally, position papers begin with a brief history of how a country has been affected by the topic. They then discuss any policies that the country has used to deal with the topic in the past and describe the success or failure of those policies. Lastly, they state what the country believes the best solution to the problem would be, within the limits of what the particular committee can do. Position papers do not typically exceed two double-spaced pages and should address both topic areas. Specific guidelines can be found in the study guide, as format and substantive content may differ depending on the committee structure. Guidelines for submission are emailed to Head Delegates and Faculty Advisors in January. Position papers are due on 1 February 2012. A binder with a copy of each position paper submitted will be available at the dais during the conference.

researChinG Country PoliCy

It is crucial that delegates research their countrys policy on the two topic areas of each committee as well as the states political situation in a larger context. While it is understood that some flexibility in positions is necessary to compromise and negotiate with other countries during debate, participants must maintain the assigned countrys policy as much as possible. Directors will be enforcing this aspect of debate, as it is crucial to the simulation and the overall international education. HNMUN requires delegates to adopt the position of a specific country or character throughout the course of the simulation. This is a key element of the international experience of MUN, as it forces delegates to examine the perspectives, problems, and policies of another country at a very fundamental level. It is also one of the most difficult aspects of MUN because delegates must confront the inherent biases of their own national perspectives and historical understanding. While it may be difficult to find a published account of a countrys position on a particular issue, it may be possible to contact the countrys delegation at the real UN to continue research. Developing a better general understanding of the country - cultural and religious beliefs, political systems, UN voting history, and so forth - will allow committee members to construct a plausible position for each country on each of the topic areas when they are unable to find an explicit, published position by the countrys government. In addition to a countrys policies and cultural traits, it is useful to research traditional allies of a country, other countries that affect the balance of power in the region, and states with which a delegates assigned country has been in

COMMITTEE INFORMATION
This section explains the differences between the various types of committees offered at HNMUN and describes the staff that will be present in each committee.

tyPes of Committees at hnmun 2012

The differences between committees are not limited to differences in mandates or responsibilities. A large committee, like a General Assembly committee, has different features than a small committee like the Security Council. Understanding the idiosyncracies of the organ will enable delegates to contribute more effectively to the debate in their committee. General Assembly (GA) Four of the standard committees of the General Assembly (the Disarmament and International Security Committee, the Social, Humanitarian and Cultural Committee, the Special Political and Decolonization Committee, and the Legal Committee), together with the World Health Organization,

28

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

the Special Summit on Non-Discrimination, and the Historical General Assembly, 1956 comprise the General Assembly at HNMUN 2012. All members of the United Nations will be represented in these committees, with the exception of the the Historical General Assembly, which will be adjusted for its historical setting. General Assembly committees range in size between 200300 delegates. The Disarmament and International Security Committee, the Social, Humanitarian and Cultural Committee, the Special Political and Decolonization Committee, the Legal Committee, and the World Health Organization will consist of double delegations, which means that two participants from the same university will represent each country. The Special Summit and the Historical General Assembly, 1956 will consist of single delegations. The Historical General Assembly differs from standard GA committees more in goals than in procedure; the study guide for this committee explains in detail how it will be run, and how it will differ from a regular GA committee. Economic and Social Council (ECOSOC) The committees of the Economic and Social Council consist of the UN Human Rights Council, the UN Development Programme, the UN Childrens Fund, the UN Conference on Trade and Development, the World Intellectual Property Organization., the International Monetary Fund, and the Global Health Cluster. These committees range in size from 24 to over 50 member states, depending on their membership. The UN Human Rights Council and the World Intellectual Property Organization will consist of double delegations, while the other Economic and Social Council committees will consist of single delegations. Economic and Social Council committees specialize in a wide range of international issues, from humanitarian to economic in nature. Economic and Social Council committees will call on delegates to occasionally respond to crises as they emerge, in addition to resolving the topics on their respective agendas. Non-Governmental Organizations (NGO) Program The NGO Program at HNMUN is an innovative arrangement, under the General Assembly, that provides its delegates with the opportunity to debate multiple topic areas in various committees, while greatly enriching those committees discussions. Each delegate in the NGO Program will represent an assigned NGO at the conference, and will have the freedom to travel and represent their organization in one or more committees whose debate directly relates to the mission of their respective NGO. The Amnesty International delegate in the NGO Program, for example, may present or debate issues in committees as diverse as the UN Human Rights Council in the ECOSOC and the Special Political and Decolonization Committee in the GA. After other committees at the conference have chosen their topic areas, NGO delegates will choose the committees in which they would like to work. They are then introduced to their committee of choice, at which time they become analogous to any other delegate in committee. They are subject to the same rules and courtesies, except for rules governing voting power. Though NGO delegates cannot vote on draft resolutions, they may caucus, negotiate, support draft resolutions, and write their own working papers in committees. In this sense, the NGO program is extraordinarily dynamic and flexibleboth in the way that delegates interact and in the topics that delegates choose to undertake at the conference. Delegates involved in the NGO program will have the unique opportunity to see a wide range of committees at HNMUN, and delegates in other committees should take advantage of the resources and insights offered by the NGO delegates participating in their debates. Regional Bodies The Regional Bodies are the European Union and the UN Economic and Social Commission for Asia and the Pacific. These committees will have a delegate size ranging from 25-55 member states. The European Union will consist of double delegations, while the UN Economic and Social Commission for Asia and the Pacific will consist of single delegations. While most committees at HNMUN include countries from every region of the world, each Regional Body only includes the countries of its region, and thus focuses on issues important to that particular region. The Regional Bodies are often not part of the United Nations system; nevertheless, they are procedurally identical to other HNMUN committees. They are similar to the Economic and Social Council committees in the style of debate and the way in which they address the topics. Like the Economic and Social Council committees, all Regional Bodies may have crises at some point during committee sessions. Specialized Agencies (SA) Besides the Continual Crisis simulations, the Specialized Agencies comprise the Security Council and the Historical Security Council: 1991. The present and historical Security Council simulations will follow a modified version of the rules of procedure that gives the five permanent members (China, France, the United Kingdom, the United States, and the Russian Federation or USSR) a veto in substantive voting. The Truth and Reconciliation Commission will follow special rules of procedure particular to their committee format. The small size of these committees means that debate will be much more informal; there will be a much greater emphasis on intimate negotiations between delegates to

Harvard National Model United Nations 2012

29

Guide to Delegate Preparation and Rules of Parliamentary Procedure

hammer out the details of resolutions, in both moderated and unmoderated caucuses. All Security Council simulations will have a crisis break at some point during the weekend. Continual Crisis Committees The Continual Crisis committees span a wide array of forums, time periods, and topics, including: the Ad-Hoc Committee; the Google Executive Board, 2023; the French Cabinet, 1936; the Exiled Revolutionaries Summit, 1850; the Kuomintang, 1949; the North Korean National Defense Commission, the International Atomic Energy Agency, 2025; and the Bilingual Joint Cabinet Crisis: The Cuban Missile Crisis. The Ad-Hoc committees nature will remain strictly confidential in nature until conference and will require delegates to improvise quickly and effectively. Instead of debating two distinct topic areas laid out in advance in the study guide, these committees will focus on a particular political, social, or military crisis, reacting to its twists and turns throughout the committee session. Each continual crisis committee has a crisis staff in addition to its dais staff, coordinating events to respond to the decisions delegates make and constantly throwing twists and turns at the committee. Delegates in continual crisis committees represent characters instead of countries, by taking on the personas of historical figures, military heroes, or cabinet members. Representing an individual differs greatly from representing a delegate to the United Nations; for instance, if ones character is a real person, it is crucial to research his or her perspective on the conflict as one would research a states policy. Our continual crisis staff will provide delegates with a preliminary biography outlining the characters role in the cabinet and his or her views and tendencies, but participants will greatly benefit from gathering as many personal details as they can. This information will not only guide delegates through their debate but also add personality and flair to the experience. If the assigned character is fictional or only loosely based on a real figure, delegates have the unique and fun opportunity to develop their own personality within the guidelines provided by their biography. Continual crisis committees do not pass resolutions; depending on the committee, they can issue communiqus, press releases, statements, decisions, and military commands, to name only a few. In a militarily-oriented committee, for example, delegates will discuss tactical and strategic as well as political maneuvers. The possibilities are virtually endless; continual crisis leaves the delegates free reign to steer the course of history. In these committees, the Directors play a role similar to those of the delegates, embodying the leader of the cabinet. Unlike traditional committees, continual crises do not operate by the Rules of Procedure. Instead of a speakers list, most of debate will be conducted through modified caucuses, allowing for a free flow of ideas and efficient progress. Voting on decisions and other actions taken by the committee is conducted by the Director, but he or she will be granted greater discretion than in a traditional committee; although the Director entrusts his or her cabinet with making decisions in his or her name, he or she holds ultimate veto power over all actions of the committee. Specific rules are stated in each study guide and are at the discretion of the Director. Perhaps the most important divergence of continual crisis committees from their traditional counterparts is the role of the crisis staff. In addition to voicing concerns verbally in the committee room, individual delegates can also conduct private affairs through liaisons in the crisis room, generating a new and exciting dimension of the crisis. Each delegate has a great deal of agency, and each is responsible for exercising this power through communication with the crisis staff and with the other delegates. Committees set in a different time period The Historical Security Council (1991), the Google Executive Board (2023), the French Cabinet (1936), the Exiled Revolutionaries (1850), the Kuomintang (1949), the International Atomic Energy Agency (2025), and the Bilingual Joint Cabinet Crisis: The Cuban Missile Crisis (1962) (consisting of the Cuban, American, and Soviet Cabinets) are set at the time period given in the study guide and on the first day of committee. Delegates will not be allowed to use or to reference any events that happened or information that was gathered after the date in which the committee is set. Anachronistic references will destroy the historical accuracy of the simulation and detract from the enjoyment and overall experience of all delegates. Committees set in a language other than English For the second year, HNMUN is proud to offer a committee set in a language other than English. The Cuban Cabinet of the JCC: The Cuban Missile Crisis will be conducted entirely in Spanish as a continual crisis committee. Delegates in this committee should maintain a high level of proficiency in the language.

THE SUBSTANTIVE COMMITTEE STAFF

The staff of Harvard National Model United Nations have distinct roles and responsibilities at conference. Delegates may find that the substantive staff at HNMUN takes on a more active role than what they have been accustomed to at other Model United Nations conferences. The primary job of the staff is to work with the delegates in achieving the goals of the committee in particular and the conference as a whole. The staff of each committee includes a Director,

30

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

a Moderator, and Assistant Directors. At HNMUN, the Director is the substantive expert, and the Moderator is the procedural expert; together, they share the duties of running the committee, rather than being coordinated by only one committee chair. Directors The committee Director is the substantive expert of the committee. At HNMUN, the Directors choose their committees topic areas, prepare the study guides, and do extensive amounts of other pre-conference substantive preparation. The Director oversees submission of all documents to be discussed. All draft resolutions and amendments in committee must be approved and signed by the Director to be presented to the committee as a whole. Before accepting working papers and draft resolutions, the Director is allowed to suggest changes if he or she feels that the Questions a Resolution Must Answer (QARMAs) are not sufficiently addressed or if it is similar in content to other submissions. Please note that the Director may not approve of all written submissions and may suggest appropriate changes before accepting any draft documents. Another important role of the Director is to oversee debate. As the substantive leader of the committee, the Director also has the discretion to rule on all points and motions brought before the committee. The Director may periodically comment on the direction of debate and suggest alternative courses of action. Committees sometimes overlook important issues within a topic area, and Directors are encouraged to bring these to the attention of the delegates. As for committees with crises, the direction of crises is determined entirely by the course of debate. Statements made by Directors are not meant to steer debate along a predetermined crisis plan, although Directors are encouraged to guide delegates when debate appears to have strayed from the topic at hand. Any questions about substantive issues should be raised with the Director. Moderators The Moderator performs the procedural role for which the traditional chair at other MUN conferences would be responsible. While the Director is the substantive expert, the Moderator is the procedural expert who runs the committee when it is in formal session. The Moderator has a full understanding of the rules of procedure, and it is his or her responsibility to facilitate the committees work by ensuring that the sessions run smoothly. However, the Director retains the ultimate power to rule any motions dilatory. In some smaller committees, the moderator may also field some of the substantive issues that Directors typically handle. Under certain extreme situations, the Moderator is allowed to suspend certain rules of procedure to streamline debate. Any questions about procedural issues should be raised with the Moderator. Assistant Directors Before the conference, the Assistant Directors prepare the updates to the committee study guide. During the simulation, their job is to aid the Director by answering delegates questions, monitoring blocs during caucus, and by providing sounding boards for delegate ideas, solutions, and concerns. If the committee is producing a large amount of paperwork at some point in the course of debate, Directors will rely on the Assistant Directors to work directly with delegates on preparing and suggesting revisions to draft resolutions. The Assistant Directors also help keep track of the Speakers List, votes, and other procedural matters. Delegates should feel free to approach the Assistant Directors at any time with questions about the substance or procedure of the committee.

AWARDS
The ultimate goal of being a delegate at HNMUN is to come away with a better understanding of the problems facing the world today and how these problems can be solved. Though awards are certainly not the focus of the simulation, we do feel that certain delegates deserve to be singled out for exceptional diplomatic work in committee. Committee awards will be given at HNMUN 2012 in recognition of superior performances by country delegations; should two delegates jointly represent a specific country in a given committee, the awards will be given to both delegates, based on an evaluation of their overall, combined performance. Keep in mind that awards are not given based on a point system, or based on which delegates write the resolution that gets the most votes; rather, awards are decided by the committee staff based on a holistic view of delegates performance in all aspects throughout the course of the weekend. The following are some of the criteria that are used in evaluating delegates: Attendance at all committee sessions and adherence to the official conference and hotel policies; Quality of position papers; Active participation in the process of working paper, resolution, and amendment writing; Contribution of innovative and pragmatic ideas to substantive debate, both orally and in written form; Exhibition of a desire to compromise, while adhering to a countrys policies and interests; Demonstration of co-operation with other delegates in the process of working paper, draft resolution and amendment writing, merging, and substantive debate; Ability to work with and get along with other delegates; Exhibition of an in-depth understanding and research of the intricacies of the topic area.

Harvard National Model United Nations 2012

31

Guide to Delegate Preparation and Rules of Parliamentary Procedure

Skill and effectiveness in caucusing, amendment and resolution writing, and debate. Awards will also be given to the schools whose delegates best exemplify the above qualities. In determining these delegation awards, we will take into account both the sheer number of individual awards won by a delegation as well as the ratio of awards won to the size of the delegation. a delegate experiences extreme discomfort which may prevent him or her from engaging in worthwhile debate (for example, if the delegate can not hear the speech being given). A delegate may also rise to a Point of Order. Used to call attention to an instance of improper parliamentary procedure, this point is in order only when the floor is open, unless it interrupts a speech that is itself out of order. Finally, a delegate may rise to a Point of Parliamentary Inquiry. This point is used when a delegate is unclear about a specific aspect of parliamentary procedure and is usually phrased as a question. It is not, however, used to obtain substantive information about a topic and may only be raised when the floor is open. Procedural versus Substantive Motions: A motion is procedural when it concerns the application of these Rules of Parliamentary Procedure. No abstentions are allowed when voting on such motions; all members of the committee must vote, including accredited observers and non-member states. A motion is substantive if it concerns the passage of the content of a draft resolution or amendment. Abstentions are allowed and only members with voting power are allowed to vote. The Rules of Parliamentary Procedure are divided into several sections, described below: General Rules includes rules that govern who is entitled to participate in committees, how delegates will interact with the staff of the conference, and under what circumstances and in what ways committee sessions may be held. Rules Governing Debate includes rules that establish how formal debate runs, how the agenda is set, how debate is closed, and how caucuses work. Rules Governing Speeches includes rules on the speakers list, speeches, yields, comments, and rights of reply. Rules Governing Points describes the points that can be made during committee session. Rules Governing the Path to a Resolution includes rules on working papers, resolutions, and amendments. Rules Governing Voting describe how procedural votes will be taken and how voting procedure will be conducted. If you are still unclear about the Rules of Procedure, the committee staff will be able to explain any ambiguities or answer any questions.

RULES OF PARLIAMENTARY PROCEDURE

introduCtion
HNMUN strives to simulate the actual procedural process of the United Nations and has thus adopted a series of rules with which to conduct debate. The Rules of Parliamentary Procedure that we use at HNMUN are a synthesis of parliamentary rules from a variety of sources. Do not be discouraged by their length or complexity. Learning the rules is like mastering a new language at first it is a bit confusing, but after a little practice you learn how to function in the new environment. The rules found in the Conference Handbook supersede all previous versions, including those provided to you in the Study Guides and Guide to Delegate Preparation before conference. In reading over and studying the rules, your goal should be to know the rules so well that you can focus on substantive issues and not be distracted or confused by the procedural aspects of the committee sessions. Often, parliamentary procedure can be employed as a means of diplomatic maneuvering. After you become sufficiently adept at parliamentary procedure, you can use the Rules to your advantage. Some aspects of parliamentary procedure are often misunderstood. They include: Precedece: Precedence is the hierarchy established between different motions. Thus, after a Moderator recognizes a motion from the floor, he or she may ask if there are any other motions on the floor. If, for example, another delegate makes a different motion, the Moderator will act on the motion of higher precedence first. Quorum: A quorum is the minimum number of delegates who must be present for the committee to conduct business. Unless challenged and shown to be absent, a director may permit debate when he or she feels that at least one-quarter of the members are present. To conduct substantive votes, such as those on resolutions or amendments, a majority of the members must be present. Points: There are three types of points at HNMUN. A delegate may rise to a Point of Personal Privilege. Although they are in order at any time (a delegate may rise to this point even during a speech), delegates should use caution when employing this point; it should only be used when

General rules
RULE #1 - SCOPE: These rules for the General Assembly, the Economic and Social Council, the Regional Bodies, and the Security Council simulations are selfsufficient, except for modifications provided by the Secretariat, and will be considered adopted in advance of session. No other rules of procedure are applicable. If the Director provides alternate rules based on the nature of

32

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

the committee, those rules will always take precedence over these in the event of a conflict. RULE #2 - LANGUAGE: English will be the official and working language of the conference. The only exception to this rule are explicitly designated special language committees. The Directors decision on this matter will not be subject to appeal. RULE #3 - DELEGATIONS: Each member will be represented by one or two delegates and one vote on each committee. Observer states are considered non-members (see Rule #5). RULE #4 - CREDENTIALS: The credentials of all delegations have been accepted upon registration. A credential is defined as the permission granted to a delegate or delegates to represent a particular country in a particular committee. Actions relating to the modification of rights, privileges, or credentials of any member may not be initiated without the consent of the Secretary-General. Any representative to whose admission a member objects will provisionally be seated with the same rights as other representatives, pending a decision from the committee staff. RULE #5 - PARTICIPATION OF NON-MEMBERS: Representatives of Accredited Observers and of NonMember States will have the same rights as those of full members, except that they may not vote on any substantive issues. Representatives of Non-Governmental Organizations will also have the same rights as those of full members, except that they may not vote on any issues, both procedural and substantive. RULE #6 - STATEMENTS BY THE SECRETARIAT: The Secretary-General or a member of the Secretariat or Executive staff may at any time make either written or oral statements to the committee. RULE #7 - POWERS OF THE COMMITTEE STAFF: The Moderator of the committee will declare the opening and closing of each meeting. The Moderator will accord the right to speak, announce decisions, rule on procedural points, and ensure and enforce the observance of these rules. The Moderator may temporarily transfer his or her duties to another member of the committee staff. If the committee does not have an appointed Moderator, the Director will assume the responsibilities of the Moderator. Committee staff members may also advise delegates on the possible course of debate. The Director may interrupt committee proceedings to allow for a presentation, guest speaker, or expert witness. Additionally, the Director or Moderator may allow an NGO delegate to speak upon being introducted to the committee. Ruling on all motions is subject to the discretion of the committee staff. In the exercise of these functions, the committee staff will be at all times subject to these rules and responsible to the Secretary-General. RULE #8 - APPEAL: Any decision of the Moderator or Director, with the exception of those matters that are explicitly stated to be unappealable, may be appealed by a delegate. Appeals only refer to procedural motions, not substantive decisions. A motion to appeal must be made immediately after the decision of the committee staff is made. The delegate will be recognized for thirty seconds to explain his motion and there will be no further debate on this matter. The Moderator or Director may speak briefly in defense of the ruling. The appeal will then be put to a vote, and the decision of the dais will stand unless overruled by two-thirds of the total membership. A No vote on the appeal indicates support of the dais ruling; a Yes vote indicates opposition to that ruling. The following rules may never be appealed by a delegate: a. Directors approval of a draft resolution or amendment (Rule #30 and #32). b. Moderators decision to rule a moderated or unmoderated caucus out of order (Rule #14 and #15). c. Moderators decision to end an unmoderated caucus early (Rule #14). d. Moderators decision to rule a motion for suspension or adjournment out of order (Rule #17). e. Moderators decision to refuse a right of reply (Rule #24). f. Moderators decision to refuse Clarificatory Points on a draft resolution (Rule #31). g. Moderators decision to rule a motion for a roll call vote out of order (Rule #37). RULE #9 - QUORUM: The Director may declare a committee open and permit debate to proceed when at least one-quarter of the members of the committee are present. A member of the committee is a representative who is officially registered with the United Nations in that committee or with the given body. The presence of a majority of the members will be required for any substantive vote. A quorum will be assumed to be present unless specifically challenged and shown to be absent. A roll call is never required to determine the presence of a quorum. RULE #10 - COURTESY: Delegates will show courtesy and respect to the committee staff and to other delegates. No talking is allowed in the committee room, except during an unmoderated caucus or when recognized by the dais staff.

Harvard National Model United Nations 2012

33

Guide to Delegate Preparation and Rules of Parliamentary Procedure

The Moderator will immediately call to order any delegate who fails to comply with this rule. RULE #11 - ELECTRONICS: No use of electronic devices by delegates is allowed in the committee room during formal debate or moderated caucusing. These devices include, but are not limited to: laptops, tablets, and smartphones. Electronics may be used outside the committee room, while caucusing, or in the Computer Labs. Only laptops may be used in the committee room during unmoderated caucusing. The Secretary-General or a representative may call upon a committee to table debate on the current topic area so that a more urgent matter may be attended to immediately. A delegate may then motion to table debate for a more urgent matter. After a resolution has been passed on the new topic, the committee will return to debate on the tabled topic. If all resolutions on the new topic fail, the committee may return to debate on the tabled topic area only at the discretion of the committee Director. RULE #13 - DEBATE: After the agenda has been determined, one continuously open Speakers List will be established for the purpose of general debate. This Speakers List will be followed for all debate on the topic area, except when interrupted by procedural motions, discussion of amendments, or the introduction of a draft resolution. Speakers may speak generally on the topic area being considered and may address any working paper or draft resolution currently on the floor. Delegates may not refer to any working paper, draft resolution, or amendment that has not yet been introduced to the committee. An open floor denotes that the committee is in formal debate. RULE #14 - UNMODERATED CAUCUS: A motion for an unmoderated caucus is in order at any time when the floor is open, prior to closure of debate. Unmoderated caucuses are not allowed during setting the agenda. The delegate making the motion must specify a time limit for the caucus, but is not required to specify a purpose for the caucus. A majority of members is required for passage. The Moderator may rule the motion dilatory and may end the unmoderated caucus early, and these decisions are not subject to appeal. RULE #15 - MODERATED CAUCUS: The purpose of the moderated caucus is to facilitate substantive debate at critical junctures in the discussion. Moderated caucuses are not allowed during setting the agenda. In a moderated caucus, the Moderator will temporarily depart from the Speakers List and call on delegates to speak at his or her discretion. A motion for a moderated caucus is in order at any time when the floor is open, prior to closure of debate. The delegate making the motion must briefly explain its purpose and specify a time limit for the caucus as well as the time limit per speech. A majority of members is required for passage. No motions are in order during a moderated caucus. If no delegate wishes to speak during a moderated caucus, the caucus shall immediately end. The Moderator may end a moderated caucus early at his or her discretion. The Moderator may also rule the motion dilatory, and this decision is subject to appeal. RULE #16 - CLOSURE OF DEBATE: When the floor is open, a delegate may move to close debate on the

rules GoverninG debate

RULE #12 - AGENDA: The first order of business for the Committee will be the consideration of the agenda. A motion should be made once the committee has come to order to put a topic area first on the agenda. The only topic areas that may be proposed for the agenda are those listed in the preparation materials. The Director may modify these topic areas at his or her discretion. If a committee only has one topic area, the agenda is automatically set to this topic area. A for-against Speakers List with no comments will be established to debate the motion. Speakers for will speak in support of the topic area suggested; speakers against will speak in favor of the other topic area. During this time, no motions for moderated or unmoderated caucuses will be in order. A motion to close debate on setting the agenda will be in order after the committee has heard at least two speakers for the motion and at least two against the motion. In accordance with the normal procedure described in Rule #16, the Moderator will recognize two speakers against the motion to close debate, and a vote of two-thirds is required for closure of debate on the agenda. If the Speakers List on setting the agenda is exhausted, debate will automatically be closed even if a motion to close debate would not normally be in order. When debate is closed, the committee will move to an immediate vote on the motion. A simple majority is required for passage. If the motion fails, the other topic area will automatically be placed first on the agenda. After debate is closed and voting procedures on the first topic area are concluded, debate will automatically begin on the second topic area; no motion is necessary.

34

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

substantive or procedural matter under discussion. Delegates may move to close debate on the general topic, debate on the agenda, or debate on an amendment. The Moderator may rule such a motion dilatory. When closure of debate is moved, the Moderator may recognize two speakers against the motion. No speaker in favor of the motion will be recognized. Closure of debate requires the support of two-thirds of the committee. If the committee is in favor of closure of debate, the Moderator will declare the closure of the debate and move the committee to immediate voting procedure. If a given Speakers List is exhausted, debate will automatically be closed. RULE #17 - SUSPENSION OR ADJOURNMENT OF THE MEETING: Whenever the floor is open, a delegate may move for the suspension of the meeting (suspending all committee functions until the next meeting), or for the adjournment of the meeting (suspending all committee functions for the duration of the conference). The Moderator may rule such motions out of order; these decisions will not be subject to appeal. When in order, these motions are not debatable, but will be immediately put to a vote barring any motions taking precedence and they require a majority to pass. A motion to adjourn will be out of order prior to the lapse of three-quarters of the time allotted for the last meeting of the committee. RULE #18 - POSTPONEMENT AND RESUMPTION OF DEBATE (TABLING): Whenever the floor is open, a delegate may move for the postponement of debate on a draft resolution or amendment currently on the floor. The motion, otherwise known as tabling, will require a two-thirds vote to pass and will be debatable to the extent of two speakers in favor and two opposed. No debate or action, including voting, will be allowed on any draft resolution or amendment on which debate has been postponed. A motion to resume debate on a draft resolution or amendment on which debate has been postponed will require a majority to pass and will be debatable to the extent of two speakers in favor and two opposed. Resumption of debate will cancel the effects of postponement of debate. not already on the Speakers List, and may remove its name from the Speakers List by submitting a request in writing to the dais. At any time, a Moderator may call for members that wish to be added to the Speakers List. The names of the next several countries to speak will always be posted or announced for the convenience of the committee. A Speakers List for the second topic area will not be opened until the committee has proceeded to that topic. A motion to close any Speakers List is never in order. If the Speakers List is exhausted and there are no more points or motions, debate is automatically closed. RULE #20 - SPEECHES: No delegate may address a session without having previously obtained the permission of the Moderator. The dais may call a speaker to order if his or her remarks are not relevant to the subject under discussion or are offensive to committee members or staff. Speeches must be made in the third person and no delegate may directly address another delegation. When a delegate exceeds the allotted time decided for speeches as described in Rule 19, the Moderator may call the speaker to order. RULE #21 - ABSENCE: Delegates who are absent from committee when recognized by the dais forfeit their time. The Moderator shall continue with debate. RULE #22 - YIELDS: After being recognized from the Speakers List, a delegate may yield any or all of his or her time in one of three ways: to another delegate, to questions, or to the dais. Please note that only one yield is allowed. A delegate must declare any yield at the conclusion of his or her speech. Yield to another delegate: The speakers remaining time will be offered to that delegate. If the delegate accepts the yield, the Moderator shall recognize the delegate for the remaining time. The delegate may not make any further yields. To turn the floor over to a co-delegate of the same member state is not considered a yield. Yield to questions: Questioners will be selected by the Moderator and limited to one question each, which will be limited to thirty seconds. Follow-up questions will not be allowed. The Moderator will have the right to call to order any delegate whose question is, in the opinion of the Moderator, rhetorical, leading, or not designed to elicit information. Only the speakers answers to questions will be deducted from the speakers remaining time. Yield to the dais: Such a yield should be made if the delegate does not wish his or her speech to be subject to comments (Rule 23). The Moderator will then move to the next speaker. RULE #23 - COMMENTS: If a speech from a Speakers List ends with no yields, the Moderator may recognize delegates, other than the initial speaker, to comment for thirty seconds

rules GoverninG sPeeChes

RULE #19 - SPEAKERS LISTS: The Committee will have an open Speakers List for the topic area being discussed (see Rule #13). The Moderator will either set a speakers time or entertain motions to set a speaking time. Motions to change the speaking time will be entertained in the order in which they are introduced. Separate Speakers Lists will be established as needed for procedural motions and debate on amendments. A country may add its name to a Speakers List by submitting a request in writing to the dais, provided that the nation is

Harvard National Model United Nations 2012

35

Guide to Delegate Preparation and Rules of Parliamentary Procedure

each on the specific content of the speech just completed. The Moderator may rule a comment out of order if it is irrelevant or does not pertain directly to the preceding speech. Commenters may not yield. No comments will be in order during debate on procedural motions, amendment discussion, or in moderated caucuses. A maximum of two comments will be taken on any speech. RULE #24 - RIGHT OF REPLY: A delegate whose personal or national integrity has been impugned by another delegate may submit a request for a Right of Reply only in writing to the committee staff. The Moderators decision whether to grant the Right of Reply is unappealable, and a delegate granted a Right of Reply will address the committee at the request of the Moderator for thirty seconds. delegates may begin to refer to that working paper by its designated number, but otherwise, debate proceeds normally on the topic. There is no formal introduction of working papers; they are considered introduced as soon as they are distributed. There are no votes for the approval of working papers. RULE #29 - SIGNATORIES FOR DRAFT RESOLUTIONS: A motion to introduce a draft resolution (see rule #30) will be in order when it receives the approval of the Director and is signed by 25 members in the General Assembly, 15 members in the Economic and Social Council and the Regional Bodies committees with greater than 40 member states, 8 members in the Economic and Social Council and the Regional Bodies committees with less than or equal to 40 member states, or 4 members in Security Council simulations. The final number of signatories required for each committee will be publicized at the beginning of the conference, as it is contingent on the eventual size of the committee. Signing a draft resolution need not indicate support of the draft resolution. Signing a draft resolution only indicates a desire for the draft resolution to be discussed in committee. The signatory has no further obligations. A delegate may be a signatory on more than one resolution. There are no official sponsors or authors of draft resolutions. RULE #30 - INTRODUCTION OF DRAFT RESOLUTIONS: Once a draft resolution has the requisite number of signatories, has been approved by the Director, and has been distributed, a delegate may move to introduce the draft resolution. A procedural vote is then taken to determine whether the resolution shall be introduced. Should the motion receive the simple majority required to pass, the draft resolution shall be considered introduced and on the floor. More than one draft resolution may be on the floor at any one time, but at most one draft resolution may be passed per topic area. A draft resolution will remain on the floor until debate on that specific draft resolution is postponed or a draft resolution on that topic area has been passed. Debate on draft resolutions proceeds according to the general Speakers List on the topic area, and delegates may then begin to refer to that draft resolution by its designated number. No delegate may refer to a draft resolution until it is formally introduced. RULE #31 - CLARIFICATORY POINTS ON RESOLUTIONS: At the Moderators discretion, he or she may recognize a delegate or group of delegates rising to answer clarificatory points on an introduced draft resolution, or the Moderator may answer these points him or herself. These points are non-substantive and

rules GoverninG Points

RULE #25 - POINTS OF PERSONAL PRIVILEGE: Whenever a delegate experiences personal discomfort which impairs his or her ability to participate in the proceedings, he or she may rise to a Point of Personal Privilege. A Point of Personal Privilege may interrupt a speaker only if the speaker is inaudible and delegates should use this power with the utmost discretion. RULE #26 - POINTS OF ORDER: During the discussion of any matter, a delegate may rise to a Point of Order to indicate an instance of improper parliamentary procedure. The Point of Order will be immediately decided by the Moderator in accordance with these rules of procedure. The Moderator may rule out of order those points which are improper. A representative rising to a Point of Order may not speak on the substance of the matter under discussion. A Point of Order may not interrupt a speaker. RULE #27 - POINTS OF PARLIAMENTARY INQUIRY: When the floor is open, a delegate may rise to a Point of Parliamentary Inquiry to ask the Moderator a question regarding the rules of procedure. A Point of Parliamentary Inquiry may never interrupt a speaker. Delegates with substantive questions should not rise to this point, but should rather approach the committee staff during caucus or send a note to the dais.

rules GoverninG the Path to a resolution

RULE #28 - WORKING PAPERS: Delegates may propose working papers for committee consideration. Working papers aid discussion of draft resolutions through formalizing (in written form) ideas expressed in the committee. Working papers need not be in draft resolution format. Working papers require the approval of the Director to be copied and distributed, and may contain signatories of contributors. Once distributed,

36

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

typically refer to typographical errors or mistakes in the punctuation and spelling of the document in question. The Moderators decision on this matter is not subject to appeal. Any substantive points will be ruled out of order during this period, and the Moderator may end this clarificatory question-answer period for any reason, including time constraints. RULE #32 - AMENDMENTS: Delegates may amend any draft resolution which has been introduced. Only one amendment may be introduced at any given time. The motion to introduce an amendment is considered a procedural motion, and the final vote on the amendment is a substantive vote. An amendment must have the approval of the Director and be signed by 12 members in the General Assembly, 10 members in the Economic and Social Council and the Regional Bodies committees with greater than 40 member states, 6 members in the Economic and Social Council and the Regional Bodies committees with less than or equal to 40 member states, or 3 members in Security Council simulations. The final numbers for required signatures will be posted at the beginning of the conference, as they are contingent on the eventual size of the committee. Amendments are numbered in the order in which they are introduced. Since there are no friendly amendments, all amendments must be voted on by the entire committee to be included in the draft resolution. Amendments to amendments are out of order; however, an amended part of a resolution may be further amended at a later time. Like draft resolutions, there are no official sponsors of amendments. Preambulatory phrases may also be amended. A motion to introduce an approved amendment may be made when the floor is open. Amendments do not need to be introduced in the order in which they are received. If the motion receives the simple majority required to pass, the Moderator will read the amendment aloud, time permitting. General debate on the topic area will be suspended, and a Speakers List will be established for and against the amendment. A motion to close debate will be in order after the committee has heard at least two speakers for the amendment and at least two against or if the Speakers List has been exhausted. Otherwise, following the normal procedure of Rule 15, the Moderator will recognize at most two speakers against the motion to close debate on the amendment, and a vote of two-thirds is required for closure. When debate is closed on the amendment, the committee will move to an immediate substantive vote on whether or not to adopt the amendment. Votes on amendments are substantive. If this vote receives the simple majority required, the amendment will be considered part of the draft resolution. After the vote, debate will resume according to the general Speakers List on the topic.

rules GoverninG votinG

RULE #33 - PROCEDURAL VOTING: All voting is considered procedural with the exception of voting on draft resolutions and amendments. Delegates must vote on all procedural motions, and no abstentions are allowed. A motion that requires a simple majority needs more affirmative than negative votes to pass. A motion that requires two-thirds to pass requires exactly or more than two-thirds of the votes to be affirmative. In Security Council simulations, a procedural motion requires nine votes to pass. If there is an insufficient number of speakers for/against a motion, the motion will automatically fail/ pass. RULE #34 - SUBSTANTIVE VOTING: The only substantive voting will be voting on draft resolutions and amendments. All other votes will be procedural votes. After debate has been closed on the general topic area, the committee will move into final voting procedures and the chambers are then sealed. At that point, only the following points and motions will be entertained: Division of the Question, Reordering Draft Resolutions, Motion for a Roll Call Vote, Point of Personal Privilege, Point of Parliamentary Inquiry, and Point of Order. If there are no such motions, the committee will vote on all draft resolutions. For substantive voting, each country will have one vote. Each vote may be a Yes, No, or Abstain. Members who abstain from voting are considered as not voting. All matters will be voted upon using placards by default, except if a motion for a roll call vote is accepted. A simple majority requires Yes votes from more than half the members voting, as in more affirmative votes than negative votes. Once any resolution has been passed, the voting procedure is closed, as only one resolution may be passed on a topic area. In Security Council simulations, a substantive vote requires nine votes to pass, and the five permanent members of the United Nations have the power to veto any substantive vote. In the North Atlantic Treaty Organization, any member has the power to veto any substantive vote. RULE #35 - DIVISION OF THE QUESTION: After debate on any topic has been closed, a delegate may move

Harvard National Model United Nations 2012

37

Guide to Delegate Preparation and Rules of Parliamentary Procedure

that the operative parts of a draft resolution be voted on separately. Preambulatory clauses and sub-operative clauses may not be removed by division of the question. The motion can be debated to the extent of at most two speakers for and two against, to be followed by an immediate procedural vote on that motion. If the motion receives the simple majority required to pass, the Moderator will take motions on how to divide the question and prioritize them from most severe to least severe. The committee will then vote on the motions in the order set by the Moderator. If no division passes, the resolution remains intact. Once a division, requiring a simple majority, has been passed, the resolution will be divided accordingly, and a separate substantive vote will be taken on each divided part to determine whether or not it is included in the final draft. If all of the operative parts of the substantive proposal are rejected, the draft resolution will be considered to have been rejected as a whole. Parts of the draft resolution that are subsequently passed will be recombined into a final document. The final document will be put to a substantive vote as a whole, requiring a simple majority of those voting yes to pass. RULE #36 REORDERING DRAFT RESOLUTIONS: After debate is closed, a motion to change the order of voting on draft resolutions currently on the floor will be in order. This motion takes precedence over a motion to divide the question on a resolution. The delegate raising this motion will indicate the desired ordering of draft resolutions. The default order will be the order in which the draft resolutions were introduced. There will be no debate on this motion, and it will require a simple majority to pass. Only one such motion can pass in each round of voting procedures. The reordering proposals will be voted on in the order that they were received; there is no precedence of one over the other. Hence, the Moderator will first take all proposals for reordering, and then proceed to call for votes on each one, until one of them passes. RULE #37 - ROLL CALL VOTING: After debate is closed on any topic area, any delegate may request a roll call vote on any draft resolution being considered. Such a motion may be made from the floor and agreed on by a third of the committee. A motion for a roll call vote is in order only for the final substantive vote on a draft resolution. In a roll call vote, the Moderator will call countries in alphabetical order starting with a selected member. In the first sequence, delegates may vote Yes, No, Abstain, or Pass. A delegate may request the right to explain his/her vote only when the delegate is voting against the policy of his/her country; such a vote is termed with Rights. The delegate may only explain an affirmative or negative vote, not an abstention from voting. A delegate who passes during the first sequence of the roll call must vote either Yes or No during the second sequence. The same delegate may not request the right to explain his/her vote. The Moderator will then call for changes of votes. All delegates who had requested the right of explanation will be granted time to explain their votes, not to exceed thirty seconds. The Moderator will then announce the outcome of the vote.

PreCedenCe of motions
PRECEDENCE: Motions will be considered in the following order of precedence: 1. Point of Personal Privilege (Rule 25) 2. Point of Order (Rule 26) 3. Point of Parliamentary Inquiry (Rule 27) 4. Adjournment of the Meeting (Rule 17) 5. Suspension of the Meeting (Rule 17) 6. Unmoderated Caucus (Rule 14) 7. Moderated Caucus (Rule 15) 8. Motion to Change Speaking Time (Rule 19) 9. Introduction of a Draft Resolution (Rule 30) 10. Introduction of an Amendment (Rule 32) 11. Postponement of Debate (Rule 18) 12. Resumption of Debate (Rule 18) 13. Closure of Debate (Rule 16) At the start of final voting procedure, only the following points and motions are in order, in the following order of precedence: 1. Point of Personal Privilege (Rule 25) 2. Point of Order (Rule 26) 3. Point of Parliamentary Inquiry (Rule 27) 4. Reordering Draft Resolutions (Rule 36) 5. Division of the Question (Rule 35) 6. Motion for a Roll Call Vote (Rule 37)

38

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

SAMPLE POSITION PAPER

Delegation: The Russian Federation Committee: Disarmament and International Security Committee Topic A: Separatism The Russian Federation considers separatism to be one of the gravest dangers facing the world today. Separatist groups threaten peace and security around the world. From developing countries like the Philippines to developed countries like Spain, the stability of both the internal structure of states and of the international world order is under attack. The danger of separatism has grown even greater in recent years, as separatist groups in many countries have become increasingly linked both with religious extremism and with international terrorist networks. Though separatism once could be considered an internal affair, it now must be seen within the context of international security. An attack on one country by a separatist group is frequently an attack on the international system itself, as separatist groups increasingly use terrorist tactics designed to destabilize an entire region. Thus, it is essential that the Disarmament and International Security Committee consider ways to address the destabilizing impact of separatism. In particular, Russia believes that the committee, while reiterating the UNs condemnation of separatism in general, must work to provide aid to states victimized by separatist groups and must facilitate the means by which the international connections of separatists groups can be analyzed. As a country particularly victimized by separatist movements, Russia strongly opposes any attempt to give legitimacy to any group that uses terrorist tactics and any move by the UN to recognize a so-called right to secession. The Russian Federation has contended with separatist terrorists in Chechnya and the North Caucasus for over a decade, and it believes that its experience in this region gives ample reasons for why the UN should never recognize separatist groups, except as agreed to by the victimized state. As Russia has learned over the course of the conflict in Chechnya, separatists are frequently aided by international terrorist networks, including those preaching religious extremism. For example, the perpetrators of the atrocity at Beslan in 2004 included two Arabs. It is believed that a great deal of the funding that goes to Chechen separatists comes from religious extremists in the Islamic world. Furthermore, Chechnya provides numerous examples of the vile tactics used by many separatist groups; whether by setting bombs in Moscow apartments, murdering children in Beslan, invading civilian neighborhoods in Nalchik, or raiding homes in Chechnya itself, Chechen separatists seem to stop at nothing to further their end. These are not freedom fighters. These are terrorists. The Russian Federation accepts that UN mediation can be extremely useful in ending wars, including wars of separatism; however, it insists that any UN presence can only come with the consent of the UN member state involved, and there should never be an assumption that the end-point of negotiations will be secession. Russia sees the Sudanese experience as the one that should be the framework for any future UN involvement in secessionist conflicts. UN mediation was largely responsible for ending the Sudanese Civil War, but only because the UNs presence at the negotiating table came as a result of a request from the Sudanese government, because the SPLA was seen to be the legitimate voice of the South Sudanese people, and because the SPLA was not a terrorist organization. The negotiations were successful, ended the war, and created a framework of autonomy for South Sudan; however, if any of these factors had been absent, peace would have been impossible. Therefore, Russia believes that while it is possible for the UN to establish a framework for dealing with separatist groups, it must also work to determine the legitimacy of those groups, the legitimacy of their demands, and any links between those groups and international terrorism; furthermore, it must remember that, from a political rather than military perspective, separatism is an internal issue, and must be treated as such.

Harvard National Model United Nations 2012

39

Guide to Delegate Preparation and Rules of Parliamentary Procedure

SAMPLE WORKING PAPER

The purpose of the Working Paper is to clearly communicate the interests of one or more countries. Please note that there is no set format for working papers; the following is just one example of a possible working paper. To facilitate the process, working papers should include the name and topic of the committee and should list the countries which wrote the paper. Pending the approval of the Director, working papers may be copied and distributed to the committee. Committee: UN Conference on Trade and Development Topic A: Generalized System of Preferences Submitted by Bolivia, Peru, and Ecuador Bolivia, Peru, and Ecuador believe that a GSP should be set up so that Lesser-Developed Countries (LDCs) receive preferential treatment from Developed Countries (DCs). To that end we propose: 1. Each DC reduce their tariffs to the lowest level possible. This level will be determined by the below created subcommittee, 2. Bilateral trade agreements should be pursued for further reductions in tariffs. 3. Trade preferences should be granted in the following areas: Agriculture Manufactures Semi-manufactures Raw materials 4. Decisions on product coverage by preference giving nations be made in consultation with the affected LDC. Annual reevaluation of coverage shall take place with the LDC with disputed going to the below-created subcommittee. 5. A subcommittee of UNCTAD should be created with equal membership of developed and developing countries. This subcommittee would have the following powers: a. To mediate disputes between preference givers and receivers b. Make recommendations which all countries should follow c. Serve as a forum for airing grievances relating to the GSP d. Report regularly to the Secretary-General Membership should be as follows: a. Five permanent nations from the DCs b. Five permanent nations from the LDCs and LLDCs c. Ten members elected annually by UNCTAD Voting rights will have to be worked out, but the UN format for subcommittees seems best. Of course, we are amenable to change.

40

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

RESOLUTION FORMAT GUIDE

Heading The title should be in capital letters, above the main body of the resolution. The title consists of a number (signifying the first or second topic area being discussed), followed by another number (identifying the individual resolution). For example, the first draft resolution on the first topic area discussed would be titled Draft Resolution 1.1 accordingly. The committee Director will assign the number once the resolution has been approved. On the left margin and two lines below the title should be: (1) the committee name (2) the topic addressed by the resolution, and (3) the signatories of the resolution. NOTE: There are no sponsors of a resolution. Body The resolution is written in the format of a long sentence. Just as grammatical rules make a language more uniform in its usage, so is the resolution in its format. The resolution begins with The General Assembly, for all GA committees and with The Economic and Social Council, for all ECOSOC committees. The Regional Bodies and the Security Council use their own names as the introductory line. The rest of the resolution consists of phrases and clauses with the first word of each phrase/clause underlined. The next section, consisting of Preambulatory Phrases, describes the problem being addressed, recalls past actions taken, explains the purpose of the resolution, and offers support for the operative clauses that follow. Each clause in the preamble begins with an underlined word and ends with a comma. Operative Clauses are numbered and state the action to be taken by the body. These clauses all begin with present tense active verbs, which are generally stronger words than those used in the Preamble. Each operative clause is followed by a semicolon except the last, which ends with a period. Any sub-operative clauses (or sub-sub-clauses, etc,) also should end with a semicolon. There should be no periods in the body of the resolution. Content Of course, the most important characteristic of the final resolution is the content, which will be carefully scrutinized by the Director before approval. A well-written resolution demonstrates: Familiarity with the problem. Relevant background information and previous United Nations actions are included. Recognition of the issues. Arguments on the topic are specified early. At a minimum, the resolution should address in some form all the issues listed in the Questions a Resolution Must Answer section of the Study guide. A clear and concise style. Every clause and phrase should have a purpose. Good form. Each phrase and clause should follow the exact format described above.

Harvard National Model United Nations 2012

41

Guide to Delegate Preparation and Rules of Parliamentary Procedure

Preambulatory Phrases Affirming Alarmed by Approving Aware of Believing Bearing in mind Cognizant of Confident Contemplating Convinced Declaring Deeply concerned Deeply conscious Deeply convinced Deeply disturbed Deeply regretting Desiring Emphasizing Expecting Expressing its appreciation Expressing its satisfaction Fulfilling Fully aware Fully alarmed Fully believing Further deploring Further recalling Operative Clauses Accepts Affirms Approves Authorizes Calls for Calls upon Confirms Considers Declares accordingly Deplores Draws attention Designates Emphasizes Encourages Endorses Expresses its appreciation Expresses its hope Further invites Further proclaims Guided by Having adopted Having considered Having considered further Having devoted attention Having examined Having heard Having received Having studied Keeping in mind Noting further Noting with regret Noting with satisfaction Noting with deep concern Noting further Noting with approval Observing Realizing Reaffirming Recalling Recognizing Referring Seeking Taking into account Taking note Viewing with appreciation Welcoming

Further reminds Further recommends Further requests Further resolves Has resolved Notes Proclaims Reaffirms Recommends Reminds Regrets Requests Resolves Solemnly affirms Strongly condemns Supports Takes note of Trusts Urges

42

Harvard National Model United Nations 2012

Guide to Delegate Preparation and Rules of Parliamentary Procedure

SAMPLE RESOLUTION
DRAFT RESOLUTION 1.1 Committee: Commission on Information Regulation Topic: International Newsflow Imbalance The Economic and Social Council, Recalling its Resolution A/36/89 of 16 December 1981, The Declaration on Fundamental Principles Concerning the Contribution of the Mass Media to Strengthening Peace and International Understanding, Further recalling Article 19 of the Universal Declaration of Human Rights, Everyone has the right to...receive and impart information and ideas through any media and regardless of frontiers, Recognizing that the problem of newsflow imbalance is that two-way information among countries of a region is either nonexistent or insufficient and information exchanged between regions of the world is inadequate, Realizing the need for all sovereign nations to maintain their integrity and still play an active role in the international system, 1. Recommends that a three-level information interchange system be established on the national, regional, and international levels to ameliorate the current problems of newsflow imbalance, to operate as follows: a. Each regions member nations will report their national information and receive the information of other nations in their region from the regional level of this interchange system; b. Nations will decide the character of the newsflow media best suited to the need of their sovereign territory, be this printed, audio, or audio-visual; c. Regional News Gathering Agencies will serve to gather information from the nations in their region, and these boards will have no editorial discretion and will serve to forward all information to the International Board; d. Each regional agency will be composed of representatives from every member nation of the nation of the region; e. The primary function of the International Board will be to translate information accumulated from the regional news gathering agencies; f. The secondary purpose will be to transmit all information gathered back to the member nations via the regional news gathering agencies; g. In order to expedite the transfer of information from the international to regional level the international board will utilize a UN frequency on a European Economic Community satellite; 2. Urges the establishment of the University of International Communications, which will be based in Geneva, Switzerland, with the following aims: a. The University and branches will be established with the express purpose of bringing together world views and facilitating the transfer of technology; b. All member nations of the United Nations will be equally represented at the University; c. Incentives will be offered to students of journalism and communications at the University to return to their countries to teach upon completion of instruction; d. The instructors of the regional education centers will be comprised of a multi-partisan coalition of educators from throughout the world; 3. Calls for the continued use of funds from the International Program for the Development of Communications, Special Account, The United National Educational, Scientific and Cultural Organization (UNESCO), the UN Development Programme, and other sources of funding including national governments and private donors; 4. Recommends that the distribution of funds be decided by the International Programme for the Development of Communication (IPDC).

Harvard National Model United Nations 2012

43