Community of Latin American and Caribbean States (CELAC) · Caribbean States (CELAC) London...

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LONDON INTERNATIONAL MODEL UNITED NATIONS 2016 .

Community of Latin American and

Caribbean States (CELAC) London International Model United Nations 17th Session | 2016

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Topic A: Prevention of and fight against corruption

Introduction

From a general perspective, corruption is a term that could be

understood as an "abuse of authority/power for personal gain." This

understanding of the notion of corruption is used by the UNDP and that makes

it easy to comprehend what corruption is within a political organization, a

company, or a public, national or international institution. This large concept

includes a series of modalities as well as forms that corruption can take, as the

concept can be linked to a specific corrupt act, which is identified by the types

of crimes used in laws and also international agreements (bribery,

embezzlement, fraud, etc).

It is said that corruption has been so profound and traditionally present

in the region that during last few years the visions that attributed corruption to

a cultural background in Latin America began to be widely accepted. There

are traditional phrases used by the region’s population to describe the

existence of corruption: from the well-known “today for you, tomorrow for me”

in Chile, to “the idiot that God forbid” in Nicaragua. On a more political level,

the expressions “no one withstands being shot by 50 thousand pesos” and “to

my friends everything, to my enemies the law,” are well-known in the region.

Latin America and the Caribbean (LAC) is not a poor region, but it does have

many poor. The economic activities are mainly secondary and tertiary.

Economically, it is the third richest region in the world, the principal economies

are Brazil, Mexico and Argentina, Colombia and Peru. However, the poverty

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of the region amounts to 174 million people, roughly 30% of the population

(in those 30%, almost half are underage).

LAC is one of the most unequal regions in the world. In terms of countries,

there are differences concerning the GDP per capita ranging from $15,260 in

Chile to $1,370 in Haiti. The inequalities are even deeper within the countries

themselves, as 48% of income belongs to the richest 10% of the population,

while the poorest 10% receive solely 1.6%. LAC is also the region with the

greatest inequality in land distribution. In addition, only 0.9% of students from

the poorest quintile graduate from college and only 50% of the children that

start primary school finish. The First Regional Human Development Report of

UNDP stated that the inequality in this region is so high and so persistent that,

combined with low social mobility, it becomes inherited from one generation

to another.

The region aspires to be democratic but harbors governance problems.

For twenty years, the majority of the countries in the sub-continent lived in a

democracy, and the citizens had the right and access to basic civil liberties

and free press. There are, however, doubts about those governments’ stability

and ability to meet the needs of their populations. According to the Second

UNDP Report on Democracy in Latin America, the region had to face many

difficult challenges that have led to an important popular dissatisfaction with

democratically elected leaders. Amongst the complaints: insufficient

economic growth, too many inequalities and inefficient legal systems and

social services, complaints resolving in the unrest and undermined confidence

in electoral democracy. Today, repression of civil liberties are abound in Latin

America.

Statement of the Problem

The Interregional Seminar on Corruption in Government, held under the

auspices of the United Nations in 1989 identified impunity as an underlying

element of various forms of corruption. This form of corruption is universal and

has harmful effects on the economies of all countries but particularly in

developing countries. Today, this form of corruption is developing on a global

scale. Internationally, it is harmful to the economies of the countries individually

affected and, moreover, amplifies the imbalances caused by the world

economic order as a whole.

The corrupted and the corrupter are not accomplices: each is the author of a

different crime, subject to its own processes and penalties. Moreover,

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corruption must be distinguished from influence peddling, that one

individual exercises over others to persuade them to refrain from complying

with their obligations. The corruptor and the corrupted can be civil servants,

agents or representatives of the State, private individuals or elected officials.

Corruption thus creates a dual responsibility: the corrupted (the passive

subject) is just as responsible as the corrupter (the active subject). This dual

responsibility causes both parties to be liable to punishment. Corruption can

also engage the responsibility of the State if the corrupter organized it through

the structure of their bodies.

Corruption erodes the rule of law and creates a discriminatory treatment

between citizens. Democratic institutions must therefore not only create

internal rules of transparency and probity, but also internationally promote

mechanisms in that direction. In this sense, weak institutions and governance

are reflected through the figures of Transparency International, whereas the

poorest and highest levels of inequality countries are more vulnerable to

corruption.

The 2006 report of Transparency International concludes that the police is the

sector most affected by bribery, mainly in Africa and Latin America.

Furthermore, reliance on public managers as agents of solving the problem of

corruption is very low, joining distrust in political parties and parliaments.

In Latin America, according to the results of Transparency International, the

perception of corruption by sector of society negatively affects the political

parties and parliaments. This signals a profound impact on trust and legitimacy

of democracy in the region. However, it should submit more detailed indicators

that reflect the diversity of the problem. One of the main indicators to gauge

corruption is the percentage of those who claim to have known or know

someone in your family who paid a bribe to get something. The cost of bribery

in Latin America affected by occupational sector reached an average of over

450 Euros in medical services. This is followed by payments in the judicial system

and finance that can reach around 200 Euros. Subsequently there are

payments given to the police, education system, registry and permit services,

ending with public services. The report highlights that the amounts mentioned,

in the case of the poorest, pose insurmountable obstacles to ensure legal and

health basic services (Transparency International, 2006).

This reflects a loss of confidence in the State and democratic institutions by

individuals and communities. This is also compounded by criminal groups and

gangs who are changing their ways of operating as social cohesion is

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impaired, causing various networks within the criminal world. All this is

contributing to a complex scenario that must be tackled through international

cooperation.

Transparency International Corruption Index, 2014

The Perceptions Index of Transparency International. Corruption includes a

scale of 0-100 showing in ascending order the social perception of

transparency and reliability of the population in each country. Therefore, the

higher the digit on the scale, the greater the social perception of transparency

and reliability, which is interpreted as a decrease in the perception of

corruption, on the contrary, the smaller the scale digit increases this negative

perception.

Corruption often leads to peddling and lack of transparency, but varies from

one country to another, it erodes confidence in the institutions and weakens

the normative order of society, which is a breeding ground for criminal

violence. When corruption becomes systemic, affecting the stability of

democratic institutions, the rule of law erodes and corrodes economic growth

and competitiveness.

With regard to governance, the weight of corruption leads to loss of

confidence in institutions and in the weakening of the regulatory order across

the social fabric. Also the lack of efficiency of government policies, or the

inability of the new democratic governance to reduce poverty and inequality

(after more than two decades of restoration of democracy in many countries

of Latin America), makes a significant amount of governments and

democratic institutions lose their support as a result of dissatisfaction

government performance.

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The information provided by the Latinobarómetro (LB) for 2003, which surveys

a large number of countries in the region, is illustrative. Confidence is

particularly low for the institutions most directly linked to political power: the

judiciary (33%, ranging between 52% and 15% depending on the countries),

Congress (28%, with similar fluctuations) and political parties (19 %, in this case

with a more homogeneous assessment between countries). It is noteworthy

that 13% of respondents expressed distrust in all persons and institutions, a

pattern that is accentuated among people of indigenous origin.

Modernization of the state apparatus and public service is slow, discontinuous

and uneven across countries, which is still a prevalent influence in peddling

and cronyism, and the lack of professionalism and dedication to service. In

addition to that, lack of trust in institutions is associated with the difficulty in

state exercise functions of control and supervision, inward and outward.

Despite the variety of bodies, mechanisms and laws that have been created

against corruption, there is a tendency to concentrate such resources in the

executive branch, with lack of funds and resources to effectively perform its

functions.

The United Nations Convention against Corruption takes over the fact that

corruption involves vast quantities of assets, which may constitute a significant

proportion of the resources of states and threaten political stability and

sustainable development. Similarly, the instrument recalls that illicit personal

enrichment can be particularly damaging to democratic institutions, national

economies and the rule of law.

The rule of law is defined as the rule of a constitutional system by which the

exercise of any public authority is subject to the law and is not only a value in

itself but a necessary condition for peace, development and inclusion social,

among others.

The richness of the approach of the rule of law allows the fight against

corruption and is addressed in the context of strengthening democracy, full

respect for human rights and the search for greater social justice.

Significant Actors and Instruments

United Nations Convention Against Corruption

The United Nations Convention Against Corruption (UNCAC) was approved by

the General Assembly in October 2003. The Convention focuses on five areas:

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prevention, criminalization and law enforcement measures, international

cooperation, asset recovery, and technical assistance and information

exchange. UNCAC aims to eradicate trading in influence, abuse of power,

and corruption in private sector.

(http://www.unodc.org/unodc/en/corruption/index.html?ref=menuside)

The Global Organisation of Parliamentarians Against Corruption

This Organisation is dedicated to combating corruption and promoting good

governance throughout the world. It has managed to help raise awareness of

corruption and its implications and also provides information to combat

corruption.

(http://gopacnetwork.org/)

Transparency International

This organisation ensures that witnesses and victims of corruption are heard. It

works hand in hand with governments, businesses, and civilians to eradicate

corruption in any of its forms (bribery, abuse of power, etc…). It’s effective in

more than 100 countries and supports seven values: transparency,

accountability, integrity, solidarity, courage, justice and democracy. It is also

the organisation that publishes updated indices of corruption and rankings for

countries all around the globe. (https://www.transparency.org/)

Relevant UN treaties and resolutions

The United Nation’s Eighth Congress about Crime Prevention and Delinquent

Treatment took place in La Habana, Cuba from the 27th August to the 7th

September 1990, during which, the resolution titled “Corruption in public

administration” (A/CONF.144/28/Rev.1) was approved. In December 2001, in

Buenos Aires, eight meetings took place where 56 States where present.

Points a Resolution Should Address

The United Nations Convention Against Corruption contains measures to

combat corruption. In the convention, an entire chapter is dedicated to the

prevention of corruption because once corruption is implanted, its suppression

is only possible in the long-term; no immediate solutions can effectively

eradicate it. It focuses on measures of prevention for the private and public

sectors. Among these measures: placing anti-corruption bodies in election

periods to foment and demand financial transparency in the campaigns and

in the elections themselves. Others are the promotion of transparency and

accountability in specific areas of the public sector, expecting a certain

conduct from public servants. Furthermore, it states that seeing as preventing

http://www.unodc.org/unodc/en/corruption/index.html?ref=menuside

http://gopacnetwork.org/

https://www.transparency.org/

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corruption in the public sector requires the involvement of the whole

society, public awareness should be raised, as well as the involvement of

community-based organizations and non-governmental organizations. The

UNCAC also has the faculties to oblige States to establish offenses against

corruption, like the criminalization of bribery, the embezzlement of public

funds, the obstruction of justice, money laundering, both in public and private

sector.

It also highlights the importance of an international and multilateral

cooperation between Nations to prevent, investigate and prosecute

corruption. It furthermore recommends and support the gathering and sharing

of any information or evidence that could be used in court. Nations are also

urged to implement measures to seize, trade, freeze and confiscate any

corruption process.

Asset recovery is a fundamental principle of the Convention, and an excellent

measure for developing countries to implement, as resources are needed for

the reconstruction and rehabilitation, since high levels of corruption most likely

sabotaged national wealth. These measures will not only reduce corruption,

but will also be able to transmit an important message to corrupt officials; there

will be less possibilities of hiding illicit assets. All these measures should be taken

into account when writing a resolution as they are the most likely to be

implemented and to work on the long run.

Sources Anti-corruption:

http://www.anticorruptionday.org/

UNCAC:

https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-

50026_E.pdf

The UN Office on Drugs and Crime (UNODC) about the UNCAC:

https://www.unodc.org/unodc/en/treaties/CAC/

Convention against Corruption. UNDOC, 2015:

http://www.unodc.org/unodc/en/treaties/CAC/index.html#UNCACfulltext

Report of “The Fight Against Corruption in Latin American and the Caribbean: A

World Bank View” by Geoffrey Shepherd:

http://unpan1.un.org/intradoc/groups/public/documents/CLAD/CLAD0035422.pdf

Dossier of ‘’La corruption comme problème social en Amérique Latine’’ by Roberto

Bergalli :

http://www.persee.fr/doc/ds_0378-7931_1989_num_13_3_1799

Transparency International:

http://blog.transparency.org/2014/12/03/corruption-in-the-americas-the-good-the-

bad-and-the-ugly

http://www.anticorruptionday.org/

https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-%2050026_E.pdf

https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-%2050026_E.pdf

https://www.unodc.org/unodc/en/treaties/CAC/

http://www.unodc.org/unodc/en/treaties/CAC/index.html#UNCACfulltext

http://unpan1.un.org/intradoc/groups/public/documents/CLAD/CLAD0035422.pdf

http://www.persee.fr/doc/ds_0378-7931_1989_num_13_3_1799

http://blog.transparency.org/2014/12/03/corruption-in-the-americas-the-good-the-bad-and-the-ugly

http://blog.transparency.org/2014/12/03/corruption-in-the-americas-the-good-the-bad-and-the-ugly

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Topic B: Fighting the Illicit Trade in Small Arms

and Light Weapons in all its aspects

Introduction

Small arms are designed for personal use, while light weapons are

designed for the use of a group of people. Examples of small weapons are

revolvers and self-loading pistols, rifles, submachine guns, assault rifles and light

machine guns. Light weapons include heavy machine guns, some types of

grenade launchers, portable anti-aircraft and anti-tank guns as well as

portable launchers of anti-aircraft missile systems. The majority of small and light

weapons would not be a lethal kind of ammunition. Therefore, ammunition

and explosives form an integral part of small arms and light weapons used in

conflicts. They include cartridges for small arms (bullets), shells and missiles for

light weapons, hand grenades and anti-tank mines, land-mines, explosives

and mobile containers with missiles or shells for anti-tank and antiaircraft

systems which are not automatic. One of the main problems related to small

arms and light weapons is the ease with which these may be obtained in many

parts of the world. SALW are predominantly internal "weapons of choice" in

current conflicts, as they are relatively cheap, deadly, portable, easy to hide,

easy to handle and may be used by children as young as 10 years in fighting.

SALW are illicitly traded in exchange for hard currency and goods such as

diamonds and other precious stones, drugs and other contraband products.

This is done by armed gangs, criminals, mercenaries and terrorist groups with

nuclear weapons which are illicitly trafficked and used. The accumulation of

small arms and light weapons itself does not cause the conflicts in which they

are used. Their availability, however, aggravates conflicts, as it increases the


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number of casualties as well as the duration of violence. SALW encourage

the pursuit of violent and not peaceful solutions to the conflict therefore

creating a vicious circle of insecurity. Consequently resulting in even greater

demand and use of such weapons.

Definition of Key Terms

Establishing: Creating and maintaining an organisation.

Measures: A course of action that, when completed, will eventually

accomplish a goal.

Combat: To take action to be the opposing force to reduce or stop

something from happening.

Eradicate: Metaphorically fight back with the intention of winning and

wiping out all further traces of (something).

The Illicit Trade: The illegal exchange.

Conventional Arms: Weapons that are commonly used that do not

possess the same ability as that of an atom bomb or a nuclear bomb;

these are generally the usual small arms and light weapons along with a

few more powerful weapons such as the rocket launcher.

Illegal And Unauthorised: Not allowed by federal law as well as not

having sufficient consent.

Embargo: An official ban on trade to a country.

Statement of the Problem

Practically the entire United Nations organisation deals with direct and indirect

consequences of recent armed conflicts fought mostly with such weapons.

The SALW are increasingly used as primary instruments of violence in internal

conflicts that the United Nations is concerned about as these are causing

many deaths and displacement of citizens around the world. The

consequences of the use of SALW also consume a lot of resources of the United

Nations. Many of these conflicts have caused heavy casualties in the affected

populations, mostly civilians and primarily women and children.

The excessive and destabilizing accumulation and transfer of small arms and

light weapons is closely related to the increased incidence of internal conflicts

and high levels of crime and violence. Accordingly, it is a matter of legitimate

concern to the international community. While some regions have been more

affected than others, the phenomenon is truly global in nature, so that causes

concern to the United Nations. With regard to the global organisation itself, the

ease with which small arms and light weapons are obtained have made them

the target of United Nations peacekeepers and personnel. The peacekeepers

cannot completely disarm warring factions because sometimes these groups

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hide their best weapons or, as an ‘insurance’ in case hostilities resume,

only deliver the old and unusable weapons.

Development projects of the United Nations and many donor countries are

damaged, if not destroyed, when groups equipped with these weapons

ransack towns and villages. Mediators and UN negotiators in peace processes

are forced to return to the negotiating table when one or more factions

decide that they can rather get onto the battlefield than the negotiating

table. It is also common that control armed groups and refugees move under

the protection of the United Nations; children become victims and slaves of

the warring factions, who are forced to become fighters or porters. Armed

gangs often confiscate or control the humanitarian aid provided by the United

Nations. There is also an increased number of violations of the arms embargoes

imposed by the United Nations Security Council because of the illicit trade in

small arms and light weapons.

The United Nations has, since the mid-1990s made the issue of small arms and

light weapons a priority on the international political agenda. The organisation

has promoted an awareness of the problems posed by these weapons. To this

end, it has created several expert groups, particularly the Panel of

Governmental Experts on Small Arms (A / 52/298), the Group of Governmental

Experts of the United Nations on Small Arms (A / 54/258) and the group of

experts on the problem of ammunition and explosives (A / 54/155), all to study

the nature and causes of the accumulation and transfer of small arms and light

weapons and recommend ways and means to prevent and reduce them.

States, regional organisations and nongovernmental groups rely heavily on the

reports of these groups.

The United Nations has also addressed the issue of small arms in the context of

other issues such as the protection of civilians in armed conflict, the Security

Council's role in the prevention of armed conflicts, children and armed conflict

as well as disarmament, demobilization and reintegration of former

combatants in an environment of peacekeeping.

On the ground, the United Nations has collected and destroyed weapons in

several of its peacekeeping operations. They have also carried out in Albania,

a pilot project of ‘weapons for development’, in which they have collected

weapons from the civil society in exchange for development incentives for

communities such as roads and bridges.

The Secretary General of the United Nations has a personal interest in the issue

of small arms and light weapons. In his millennium report, the Secretary General

noted that the control of the proliferation of illicit weapons was a necessary

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first step towards the non-proliferation of small arms. He argued that SALW

should be controlled by the states, which must answer for their transfer. In a

time when the international community prepares for the 2001 conference,

which will be a milestone in the history of the United Nations and the first major

United Nations conference on disarmament since 1987, the Secretary General

has urged States members to take advantage of the Conference "to start

taking serious actions that will curtail the illicit traffic in small arms”

Country Positions

Latin America: The volatile region of Latin America has seen an increase of

SALW and the illegal trade of small arms as a consequence of the rise in

criminal activity in the local region. Countries through which the small arms

trade route intersect include Colombia, Panama and Guatemala and once

the SALW enters the region through the gateways of these countries, it is

distributed across the entire region. It is crucial for the regional governments of

Latin America to take measures that reduces the small arms trade and thus in

future, completely prohibits the act of this illegal trade. South-East Asia: A

significant catalyst for the increase of SALW that became evident in the region

of South-East Asia was the Vietnam War in 1975. Additionally, to fighting this

illicit activity, the South-East Asian countries will continue to cooperate and find

solutions, especially the transportation of SALW through sea routes. Sub

Saharan Africa: The Sub Saharan Africa-Sub-Saharan is a melting pot of

different religions and ethnicities that over the past decades have given birth

to major regional conflicts such as the Rwandan civil war. Any major conflicts

has volatile actors that seek to solidify its ideals and thus this can lead to then

acquiring various forms of SALW. Even though, the regional governments wish

to seek peace and prosperity in the region and stop this illegal trade, many

wealthy elitists seek the opposite and thus use conflicts as an opportunity to

gain wealth and power through the trade of illegal small arms. Middle

East/Arab Nations: The recurring trend here is that small arms trade grow

because of different conflicts that occur in different regions and there is no

exception when it comes to the Middle-eastern/Arab-nations. The U.S.

invasions of Iraq and Afghanistan distributed SLAW across the region and thus

their acquirement of those weapons by local insurgents have promoted their

local authority and power. Their actions are a reaction to the invasions which

further cause destabilisation in the region. Furthermore, many existing conflicts

such as the rise of ISIS in Syria and different rebel groups and major military

powers fighting ISIS provide an easy platform for small arms trade to grow. The

regional government ultimately wants to restrict foreign influences in the local

region and also, further cooperation wants to see a resolution being passed

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that overall restricts any kind of external foreign influences. Europe: While

compared to other regions, the European area is seems very stable however

instability in regions such as Chechnya and the recent Russian invasion of

Crimea has given rise to different guerrilla rebel groups that further promote

the trade of SALW. Strong organisational agencies that already tackle the

trade of SALW will look towards further increasing their effectiveness on these

matters. Additional Western Powers: Countries like USA, Canada, and England

have recently urged the governments of developing countries, especially

those in Africa, to work together with neighbouring countries in order to

prevent the Illegal Small Arms Trade and the escalation of present conflicts.

Questions a Resolution Must Answer

Strengthen and develop standards for global, regional and domestic

ranking in order to strengthen and improve the coordination of efforts to

prevent and control the legal trade in small arms and light weapons in

all its aspects;

Develop agreed international measures to prevent and combat illicit

trafficking and manufacturing of small arms and light weapons as well

as to reduce the accumulation of excessive and destabilising transfers

of such weapons throughout the world, paying particular attention to

regions where they are ending conflicts and where it is urgent to find

solutions to serious problems of proliferation of small arms and light

weapons;

Generate throughout the international community the political will to

prevent and combat illicit transfers and manufacturing of small arms

and light weapons in all its aspects and to raise awareness about the

nature and seriousness of the interrelated problems arising from the

trafficking and manufacturing small and light weapons and the

excessive and destabilising proliferation and spread of these weapons;

Promote the sense of responsibility of States with regard to export,

import, transit and retransfer of small arms and light weapons

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Further Reading:

1. http://www.unidir.org/files/medias/pdfs/report-of-the-group-of-expertseng-

0-11.pdf

2. http://www.smallarmssurvey.org/weapons-and-markets/definitions.html

3.http://iosrjournals.org/iosr-jhss/papers/Vol19-issue5/Version-

5/M019558087.pdf

Bibliography:

1.http://iosrjournals.org/iosr-jhss/papers/Vol19-issue5/Version-

5/M019558087.pdf

2. http://www.globalissues.org/article/81/arms-trade-links

3. http://www.globalissues.org/article/74/the-arms-trade-is-big-business

4. http://www.globalissues.org/article/81/arms-trade-links

5. http://www.globalissues.org/article/74/the-arms-trade-is-big-business

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Position Papers

What is a position paper?

A position paper is a statement of policy, which is intended to

communicate an overall position of a country on a particular topic

debated in the committee. Position papers should be brief and

outline the general policies rather than specific measures.

Each delegate should submit one position paper per topic to be

debated by the committee (note: most of the committees have

two proposed topics). Each paper should be approximately one

page per topic.

LIMUN offers a short guide on how to write a position paper. It is

available on our website:

http://limun.org.uk/FCKfiles/File/PP_Guide.pdf

Deadlines

The deadline for the submission of delegates’ position papers is 20

February 2016. Failure to submit by this deadline will render

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Positions Papers will have to be submitted in a publicly-accessible

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requested.

The most worthy work submitted in a committee will earn the

delegate a Best Position Paper Award. The length of any one paper

should not exceed 500 words.

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