MILMUN 13th CONFERENCE
Addressing the Changing Ideas of Nation and Citizenship
9 – 13 April Bocconi University, Milan
INTERNATIONAL ORGANIZATION FOR MIGRATION STUDY GUIDE
2 | P a g e
INDEX
Topic Sub Topic Page No
Welcome letter 3
Know your EBs 4
Introduction of IOM 5
Agenda 1 A. Introduction of Agenda 7
B. History 9
C. Statement of the problem 11
D. Bloc Position 13
E. UN Actions 15
F. Questions Resolution need to answer 17
G. References for further studies 18
Agenda 2 A. Introduction of Agenda 19
B. History 20
C. UN Action 22
D. Statement of the Problem 24
E. Bloc Positions 25
F. Questions for Resolution 27
G. References for further studies 28
Sample Position Paper 29
Sample Draft Resolution 30
Perambulatory and
Operative clause chart
31
3 | P a g e
Welcoming Letter Form the Chairs
Welcome Delegates,
It is a great pleasure to welcome you all for the MILMUN 2018. For this year’s two topics for
the International Organization for Migration:
1. Addressing the challenges of the Rohingya migration flow;
2. Human trafficking and migration in Libya.
These topics have been chosen based on the current priorities of how to build a sustainable future
development of our planet Earth. IOM has introduced a lot of projects to achieve these goals and
solve the current conflict situation in the world. Almost all the countries have already tried to
implement and develop these projects. But to fulfill those goals IOM and the various countries of
the world need to make more policies and need to properly implement them to build a more
peaceful environment.
Delegates, we hope you will come up with a great resolution by fully understanding the problem
and bringing realistic solutions to meet these goals. I hope we will make a great committee and
will be able to build great friendship with other delegates and also with the other committees.
Lastly, we wish you all have five amazing days in the committee and also in the socials. Make
sure that when you are going back home you are not only bringing back good memories but that
you have also made some life time friends.
Best wishes,
Tamanna Tasneem Krity, Chair
Sonia Lopez Muñoz, Chair
4 | P a g e
Get to know your Executive Board members
Chair: Tamanna Tasneem Krity
Chair: Sonia Lopez Muñoz
Tamanna Tasneem Krity has just completed her Masters from
University of Dhaka in Biochemistry and Molecular Biology, and
is one of the more experienced MUNers in Bangladesh having
been with the MUN from its early days. She is very creative and
interested in many different fields.
She believes in the quote of William James – Believe life is worth
living for and your belief will help create the fact.
Debating is and MUNing runs in her blood. She is now running
her 15th year in the public speaking field. Currently is greatly
involved with MUNs by regularly chairing at home and abroad
and has 40+ MUN experiences. She was a regular award-winning
delegate in her delegating time too.
She served as international Chair in Asia Pacific Model United
Nations 2016 and was also selected as a chair in London
International Model United Nation 2017 as the first Bangladeshi
Chair and also in the West London MUN 2017, Paris
International Model United Nations 2017. She was an
International Executive board member in BUGMUN,
NSUIMUN, IIITHMUN-Hyderabad, IIITGMUN-Guwahati,
BitsMUN-Pilani, BitsMUN Goa, etc.
She loves to dive into new challenges and believes she can set
new positive examples. She hopes you will enjoy every bit of
your time in the IOM committee!
Sonia is attending her LLM at University Carlos III of Madrid. She was born and raised in the sunny city of Barcelona. In 2017 she graduated in Law, focusing on International Public Law and International Relations. In 2014 she became member of the United Nations Students Association of Barcelona and fell in love with MUNs. She has participated both in PIMUN and MILMUN. During her stay at Cornell University (NY, USA) she became tutor of the undergraduates’ team. Sonia is an overt and outgoing person who lives for travelling, only this summer she travelled around the United States, made a voluntary in Greece and relaxed in the Spanish shores. You should know in advance that, even though she loves it, she is a really bad dancer (wait and see). As chair of the IOM she would do her best to ensure that you never forget MILMUN 2018!
5 | P a g e
Introduction to the Committee
IOM is the leading inter-governmental organization which is established on 1951 and it works in
the field of migration and works closely in three types of organizations: governmental,
intergovernmental and non-governmental partners.
IOM has 169 members states and 8 observer countries in it. IOM ensures orderly and safe
migration policies by providing services and advices to governments and migrants as well.
IOM works on:
1. Management of migration,
2. To promote international cooperation on migration issues,
3. To assist in the search for practical solutions to migration problems and
6 | P a g e
4. To provide humanitarian assistance to migrants in need, including refugees and internally
displaced people.
The IOM Constitution recognizes the link between migration and economic, social and cultural
development, as well as to the right of freedom of movement.
IOM works in the four broad areas of migration management:
Migration and development
Facilitating migration
Regulating migration
Forced migration.
IOM activities that cut across these areas include
1. The promotion of international migration law,
2. Policy debate and guidance,
3. Protection of migrants' rights, migration health and
4. The gender dimension of migration.
7 | P a g e
TOPIC A: ADDRESSING THE CHALLENGES OF THE
ROHINGYA MIGRATION FLOW
A. Introduction
Often called as the world’s most prosecuted minority, Rohingya are an ethnic Muslim group
from the Rakhine State in Myanmar. Rakhine area is an underdeveloped area where 78% of
households live under the threshold of poverty. About 1.2 million Rohingya are said to be living
in the Rakhaine state. While their government has not recognized them as citizens of Myanmar
(and has been doing so since 1948) identifying them as “illegal Bengali immigrants”, they were
denied any legal documents. Under the 1982 Citizenship Law Rohingya were declared “Non-
national” and “Foreign Residents”.
8 | P a g e
Since 1970s a number of crackdowns on the Rohingya in Rakhine state have forced them to flee
to other countries. During such a crackdown refugees have often reported rape, torture, arson,
etc.
More than 600,000 ethnic Rohingya Muslims have fled Burma’s Rakhine State to escape mass
atrocities by government security forces since August 25, 2017. As estimated, until now one-
third of Burma’s Rohingya population of 1.2 million have crossed into the neighboring country
of Bangladesh in recent months, while tens of thousands remain internally displaced inside
Burma, without access to vital humanitarian aid.
The military has carried out genocide and killings in an ongoing campaign of ethnic cleansing
launched following a coordinated attack by a Rohingya armed group. The United Nations has
described the latest mass exclusion of Rohingya Muslims from Myanmar as "the world's fastest
growing refugee crisis".
Amnesty International said Myanmar security forces then went on to carry out a "targeted
campaign of widespread and systematic murder, rape and burning”. There were reports of sexual
violence against Rohingya women and children and entire villages being burned to the ground.
More than 600,000 people have fled the violence, bringing large numbers of Rohingya refugees
to Bangladesh. The Myanmar government said at least 400 people have been killed, describing
most of them as "terrorists”. However, United Nations estimates that the death toll was at least at
1,000 in September 2017.
The Rohingya have faced decades of discrimination and repression under successive Burmese
governments. Effectively denied citizenship under the 1982 Citizenship Law, they are one of the
largest stateless populations in the world. Restrictions on movement and lack of access to basic
health care have led to dire humanitarian conditions for those displaced by earlier waves of
violence in 2012 and 2017. The government of Myanmar, a predominately Buddhist country,
claims the Rohingya people are illegal immigrants from neighboring country Bangladesh and has
denied them citizenship, leaving them stateless.
The Rohingya ethnic group has their own language and culture and they are living in the lands of
Myanmar for generations.
Myanmar government discriminates against the Rohingya ethnic group and keeps them bound in
a depolarable condition with limited access to schools, healthcare and jobs. The major tension
arises between the Rohingya Muslim group and the Buddishist Rakhaine community. These
strained relations started in 2012 and in 2017 they turned into its most devastating condition.
9 | P a g e
B. History
Violence between Buddhists and Muslims in Arakan State dates back many decades. The
contemporary conflict can be traced at least to the Second World War, when the Rohingya
remained loyal to the British colonial rulers, and the Arakanese sided with the invading Japanese.
Clashes between Arakanese and Rohingya have occurred ever since.
While both populations have faced oppression by successive Burmese governments after
independence in 1948, governments in the predominantly Buddhist country have routinely
persecuted and forcibly displaced the Rohingya population, altering the ethnic profile of Arakan
State.
In 1978, the Burmese military drove over 200,000 Rohingya out of the country in a bloody
rampage of killing, rape, and arson. The military repeated its anti-Rohingya campaign in 1991
with a wave of attacks that forced over 250,000 Rohingya to flee to Bangladesh. Many of those
were ultimately forced back to Burma – to northern Arakan State, where the Burmese
government has sought to concentrate the Rohingya away from Arakanese-dominated parts of
the state, and has subjected them to a battery of restrictive regulations and denial of rights.
Violence against Muslims in the state has continued over the years. In 2001, Arakanese mobs
attacked Rohingya in Sittwe, destroying mosques and schools while state security forces stood
by and watched.
Central to the persecution of the Rohingya is the 1982 Citizenship Law, which effectively denies
Burmese citizenship to Rohingya on discriminatory ethnic grounds. Because the law does not
consider the Rohingya to be one of the eight recognized “national races” (along with ethnic
Burmans, Arakanese, Karen, and other groups), which would entitle them to a citizenship, they
must provide “conclusive evidence” that their ancestors settled in Burma before independence in
1948, a difficult if not impossible task for most Rohingya families. Kaman Muslims, as a legally
recognized ethnic group, are Burmese citizens.
The government, and Burmese society more broadly, openly considers the Rohingya to be illegal
immigrants from what is now Bangladesh and not a distinct “national race” of Burma, denying
them consideration for citizenship. Official statements refer to them as “Bengali,” “so-called
Rohingya,” or the pejorative “kalar.”
Despite claims that virtually all Rohingya are “Bengali,” most Rohingya in Burma were born in
the country, many to families whose lineage goes back several generations of Burmese
settlement. The government has made use of this denial of citizenship to deprive Rohingya of
many
10 | P a g e
fundamental rights. Rohingya face restrictions on freedom of movement, education, marriage,
and employment – rights that are guaranteed to non-citizens as well as citizens under
international law. Various other human rights violations have accompanied the persecution of the
Rohingya over the years, including arbitrary detention, forced labor, rape, torture, forcible
relocations, and other abuses. While the Burmese government and military has similarly
mistreated the Arakanese population over the years, the oppression and abuse of the Rohingya in
Arakan State has been particularly severe.
Since the June violence, thousands of Rohingya asylum seekers have attempted to flee from
Burma to Bangladesh, crossing the Naf River or finding alternative routes by sea. The
Bangladeshi government closed its borders, forcing asylum seekers back to sea on barely
seaworthy boats in violation of its international legal obligation not to return someone to a place
where they face persecution. Thailand has similarly “helped on” thousands of Rohingya asylum
seekers since June, in some cases following a policy to provide boats with supplies to continue
their voyage to Malaysia, but in other cases pushing them back to sea or handing them over to
human traffickers.
The humanitarian crisis caused by escalating violence in Myanmar’s Rakhine State is causing
suffering on a catastrophic scale. As of 11 December, there are nearly 860,000 Rohingya
refugees in Cox’s Bazar – of whom 646,000 have arrived since 25 August. The concentration of
refugees in Cox’s Bazar is now amongst the densest in the world. Refugees arriving in
Bangladesh—mostly women and children—are traumatized, and some have arrived with injuries
caused by gunshots, shrapnel, fire and landmines. In the last few years, before the latest crisis,
thousands of Rohingya were making perilous journeys out of Myanmar to escape communal
violence or alleged abuses by the security forces.
Before this crisis began, the country was already hosting a verified population of well over
200,000 Rohingya from Myanmar - and likely many more. Bangladesh was also coping with
pressing needs and challenges of its own. The new arrivals are adding massive pressure to
services in existing refugee camps and in makeshift settlements. Basic services are now badly
outstripped, including water, health, and particularly shelter and sanitation. Conditions in the
settlements and camps are now so critical that disease outbreaks are a looming prospect.
Refugees arriving in Bangladesh report fleeing appalling violations of human rights and other
abuses in Myanmar. According to these harrowing accounts, villages have been burned down,
parents or relatives have been killed in front of traumatized children, and women and girls have
been raped or brutalized. UNHCR is already working to register new arrivals and provide
comprehensive protection services. Since the 1970s, Rohingya have migrated across the region
in significant numbers. Estimates of their numbers are often much higher than official figures.
Most Rohingya refugees reaching Bangladesh - men, women and children with barely any
belongings - have sought shelter in these areas, setting up camp wherever possible in the difficult
terrain and with little access to aid, safe drinking water, food, shelter or healthcare.
11 | P a g e
C. Statement of the problem
After the genocide in Myanmar until today, 800,000 of refugee have entered Bangladesh. They
are entering through the sea and land borders, and every day many of them are even dying in this
process. Even now, every day 200 to 500 people on average are entering in Bangladesh on a
daily basis.
Ongoing genocide by Myanmar, in Rakhine village Janta, is still been reported in daily world
news as well and in Bangladesh where people are living without enough food or sanitation
facilities.
200,000 women are pregnant among those, giving health care for a huge number of refugee is
not so easy there. Bangladesh has been free form polio HIV disease but recently, after the
entrance of the refugees, this issue reemerges.
For making household stuffs Rohingya refugee people have cut off 20 acres of forest in Cox’s
bazar. Should this continue, it can pose a substantial environmental threat for Bangladesh in
future.
Rohingya people are spreading over entire Bangladesh so in future sending them back to their
own land will be difficult for the Government to achieve.
Along with Bangladesh Government, USAID, ActionAid, IMO, Brac and different other
organizations are working to aid the refugees but this persists to be very challenging because of
the great number of people who need help.
According to world statistics for 300,000 refugee people in Bangladesh shelter, proper sanitation
facilities, daily food and clean water is urgent:
12 | P a g e
Rohingya refugee deserves to get back to their own country to their own land and to a
normal life. It is also a high priority for Bangladesh to settle the fate of Rohingya as it is not
prepared and lacks the logistics to host such number of refugees. At the same time, it is not
possible to ensure safety and is illegal to send Rohingya back to a place where they will still
be persecuted. In the IOM we hope the delegates will come together to discuss on steps to
prepare a safe haven for the Rohingya people in Myamnar before considering to send them
back home.
But still the current Myanmar government considers Rohingya’s as illegal Bengali immigrants,
despite fact that many of them have stayed in Rakhine province of Myanmar for centuries.
Myanmar government does not even recognize this ethnic minority group as their citizens;
moreover, they do not consider them for any state job, state education process, nor does it allow
their freedom of movement in Myanmar that it considers illegal.
According to UN estimates, over 379,000 Rohingya Muslims (but in reality the number is more
than 800,000) have fled Myanmar’s Rakhine state to come to Bangladesh since August of 2017.
The violence had started after Rohingya militants belonging to Arakan Rohingya Salvation Army
(also known as Harakat al-Yaqeen or Faith Movement) had attacked police posts in Myanmar’s
northern Rakhine state. Following this attack, Myanmar’s military had launch attack in Rakhine
village; it was considered genocide because of the killings of civilians.
13 | P a g e
D. Bloc Position
14 | P a g e
Recent world report shows people of Rakhine states are moving towards Pakistan,
Malaysia, India, Saudi Arabia, Thailand UAE as well.
15 | P a g e
E. UN Action until now:
The proposed UN resolution, drafted by Britain and France, would call on Myanmar authorities
to "immediately cease military operations" and allow refugees now living in makeshift camps in
Bangladesh to return.
Since late August, more than 600,000 Rohingya have fled an army campaign in Myanmar's
Rakhine state that the United Nations has denounced as ethnic cleansing.
Myanmar authorities say the military operation is aimed at rooting out Rohingya militants who
staged attacks on police posts two months ago.
The UN Security Council is weighing a draft resolution that would pressure Myanmar to address
the violence that has driven hundreds of thousands of Rohingya Muslims who are mfleeing in
Bangladesh and address this the fastest refugee crisis.
The draft resolution condemns the violence in Rakhine state and attacks by Rohingya militants,
while expressing "grave concern that the Myanmar security forces and vigilantes have been
responsible for human rights violations and abuses."
It calls on Myanmar to allow humanitarian aid workers safe access to Rakhine state, where
Rohingya who managed to escape the army campaign are now fleeing amid dire food shortages.
The draft resolution also demands that UN rights investigators be allowed access to Rakhine to
report on allegations of atrocities, and calls for the appointment of a UN special advisor on
Myanmar.
And it urges Myanmar to implement the recommendations of a commission led by former UN
chief Kofi Annan that said the Rohingya should be granted citizenship rights.
The 1.1 million Rohingya have faced decades of discrimination in Buddhist-majority Myanmar
and have been denied citizenship since 1982, which has effectively rendered them stateless.
Rights groups have accused the Security Council of dragging its feet on Myanmar and are calling
for tougher measures, such as an arms embargo and targeted sanctions against those responsible
for the attacks against the Rohingya.
The Council also urged the Government to implement measures in line with its resolution 2106
(2013) to prevent and respond to incidents of sexual violence, and encouraged it to work with the
Special Representative on Sexual Violence in Conflict.
Though China and Russia have opposed this decision.
16 | P a g e
International and regional human rights instruments to refugee rights:
Migrants, refugees and asylum-seekers’ rights are protected by international law, regardless of
how and why they arrive in a country. They have the same rights as all other human beings, plus
special protections including:
• The Universal Declaration of Human Rights (Article 14), which states that everyone has the
right to seek and enjoy asylum from persecution in other countries.
• The 1951 UN Refugee Convention, which protects refugees from being returned to countries
where they risk being persecuted.
• The 1990 Migrant Workers Convention, which protects migrants and their families.
Regional human rights instruments to refugee rights:
• The OAU Convention, governing the specific aspects of refugee problems in Africa
• The Cartagena Declaration on Refugees.
• European Council Directive on Minimum Standards.
F. Questions a Resolution Must Answer:
1. How can Myanmar be held accountable under ICC for the mass genocide since they didn’t sign the
Rome Charter?
2. How to prevent Myanmar from humanitarian access and media access to ensure future safety of
Rohingya citizen without interfering with the current government legislation of Myanmar?
3. What steps can be taken to compensate for the loss of Rohingya citizen and bring sustainability to their
life?
4. How other government can get rid of this refugee crisis.
5. What will be the future crisis and solution of this problem?
6. What initiative IOM can be taken in this moment?
17 | P a g e
G. References:
IOM
https://www.iom.int
Rohingya refugee crisis a ‘human rights nightmare,’ UN chief tells Security Council
http://www.un.org/apps/news/story.asp?NewsID=57770#.WmdMPYCge00
UN Security Council calls on Myanmar to end excessive military force in Rakhine state
http://www.un.org/apps/news/story.asp?NewsID=58040#.WmdOCYCge00
UN Migration Agency Helps Bangladesh Police Tackle Trafficking Threat to Rohingya
Refugees
https://www.iom.int/news/un-migration-agency-helps-bangladesh-police-tackle-trafficking-
threat-rohingya-refugees
Annan Commission Report:
http://www.rakhinecommission.org/app/uploads/2017/08/FinalReport_Eng.pdf
China, Russia block U.N. council concern about Myanmar violence
https://www.reuters.com/article/us-myanmar-rohingya-un/china-russia-block-u-n-council-
concern-about-myanmar-violence-idUSKBN16O2J6
https://www.hrw.org/report/2013/04/22/all-you-can-do-pray/crimes-against-humanity-and-
ethnic-cleansing-rohingya-muslims
https://www.unocha.org/rohingya-refugee-crisis
http://www.bbc.com/news/world-asia-41566561
http://www.dailymail.co.uk/wires/afp/article-5017175/Draft-UN-resolution-pressures-Myanmar-
Rohingya-crisis.html
http://www.thedailystar.net/frontpage/mayanmar-rohingya-refugee-crisis-unsc-weighing-draft-
resolution-1482346
Made by Tamanna Tasneem Krity
18 | P a g e
TOPIC B: HUMAN TRAFFICKING AND
MIGRATION IN LIBYA
A. Introduction
“They told me there was no risk, they said it was a big ship, it had a captain and two assistants.
They said the ships don't sink, if there's any trouble we will be rescued and helped.
But none of this was true. I will not try again; this route only leads to death. You sell your soul
and those of your children taking this journey”
A survivor (BBC News, 2015)
19 | P a g e
According to the International Organization for Migration, over 5,238 people have lost their lives
in 2016 while trying to cross the Mediterranean. Following the Libyan revolution and the killing
of Gaddafi in 2011, political instability and widespread corruption have led to the rapid and
unchallenged development of the smuggling and people-trafficking network in Libya. Moreover,
recently the CNN issued a report that shows the existence of human beings auctions. The report
has unleashed the indignation of several African leaders as well as many protests across the
continent demanding the end of people’s slavery. Thegovernment ofLibya has already
recognized the existence of investigations on the field.
The crisis has also had a significant impact in Europe, with European leaders struggling to agree
on an EU-wide response. Migrant smuggling poses a deadly security threat for European
countries: both the EU and Libyan authorities have warned that Islamic State militants could
already be using these networks to smuggle fighters into mainland Europe.
The second topic on the IOM’s agenda is therefore linked to the long-term consequences of
conflict and post-conflict situations: people smuggling and human trafficking.
B. History of Libya
After orchestrating a coup d’etat, Muammar Gaddafi became de facto leader of Libya in 1969.
Under the Gaddafi’s mandate Libya became a socialist-based state and turned into one of the
main African powers with the fifth highest income per capita in Africa. However, most part of
the wealthwasn’t distributed and belonged to elite families loyal to the dictator.
In 2011 popular protests took place both in Libya and in neighborhood countries, starting what
later would be called the “Arab Spring”. Concretely in Libya, the opposing groups organized
themselves in the National Transitional Council and took the control of some important cities,
leading to a Civil War in the country.
In March 2011, UNSC voted to impose a NATO-enforced no-fly zone over Libya, with Russia,
China, India, Germany and Brazil abstaining. Hours after the resolution was passed, France, the
United States, the United Kingdom and other countries began bombing the Libyan territory.
20 | P a g e
The war ended with the defeat of Gadhafi’s supporters, its death and the total control of the
country by the rebels of the National Transitional Council. This government was recognized as
the legitimate Libyan government and the UNSC override by unanimity the resolution that
allowed the military intervention in the Country. However, this government was meant to be
transitional; it was dissolved in August 2012 when the General Nation Congress (GNC) was
elected by popular vote.
In September 2012 attacks toke place on the US consulate, resulting in the murder of the US
Ambassador Christopher Stevens and three other Americans. In April 2013 the US and the UK
withdraw all diplomatic staff from Libya.
In 2014 started the second Libyan Civil War, an ongoing conflict among rival groups seeking
control of the territory of Libya. The two main sites of the conflict were the government of the
House of Representatives (HoR), supported by the Libyan National Army and democratically
elected in 2014; and the rival GNC. The HoR had a strong power in eastern Libya and was
supported by air strikes by Egypt and the UAE. Regarding the GNC, was based in western Libya
and backed by “Libya Dawn”, Qatar, Sudan and Turkey. The GNC initially accepted the results
of the 2014 election, but rejected them after the Supreme Constitutional Court declared illegal
the elections.
Moreover, there were also smaller rival groups that controlled little territories among the
country: the Islamist Shura Council of Benghazi Revolutionaries; the Islamic State of Iraq and
the Levant’s (ISIL’s) Libyan provinces; the Tuareg militias of Ghat and other local forces in
Misrata District.
21 | P a g e
In December 2015 a cease-fire was decreed by the UN. In March 2016 a new unity government
known as the Government of National Accord (UN-supported) was established in Tripoli and the
GNC suspended its operations and handed power to the new government. However, the HoR
rejected to approve the new unity government, even in February 2017 its leaders refused to hold
direct talks with the Prime Minister of GNA. The international effort to unity the two
governments have failed. Here we have a map that shows the territorial situation of the country:
C. The UN Action
• The UN system has been active in Libya since
the 1950s, through the engaged presence of
specialised agencies, funds and programmes,
collectively known as the United Nations
Country Team (UNCT). Its goal is to promote
the Libya’s development while helping the
country to achieve the Sustainable
Development Goals.
• In 1997 was established the United Nations
Office on Drugs and Crime(UNODC) with
22 | P a g e
the aim of assisting the UN when taking actions regarding issues of illicit trafficking in and
abuse of drugs, terrorism, migrant smuggling, etc. UNODC operates in Libya through its “Sub-
regional Programme Office for the Maghreb Countries and is focused on capacity-building
abroad and providing advisory services to national authorities.
• In September 2003 entry into force of the UN “Convention against Transnational Organized
Crime”, also known as the “Palermo Protocols”.
In 1998, the UNGA called for the development of an international convention in order to tackle
transnational organised crime. This included human trafficking. After several months of
negotiations led by criminal justice experts from member states, the UN Convention against
Transnational Organised Crime (UNTOC) was signed in December 2000 in Palermo.
The Convention itself includes three protocols:
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children;
- The Protocol against the Smuggling of Migrants by Land, Sea, and Air;
- The Protocol against the Illicit Manufacturing and Trafficking in Firearms.
Crime that is conducted across borders is an international problem and therefore requires
collaboration between the states concerned. This is the backdrop the Convention was developed
upon. The key aspects of the Convention are as follows:
(1) A requirement to create domestic criminal offenses that include participation in an
organised criminal group, money laundering, corruption, and obstruction of justice;
(2) The adoption of frameworks to facilitate international cooperation, including extradition,
mutual legal assistance, and law enforcement cooperation between countries worldwide;
(3) The promotion of training and technical assistance for building the capacity of national
authorities.
• In September 2011, at the request of the Libyan authorities, the UN Security Council
Resolution 2009 (2011) established the United Nations Support Mission in Libya (UNSMIL).
23 | P a g e
It is an integrated special political mission that aims to support the country’s new transitional
authorities in their post-conflict efforts.
“UNSCR 2009 (2011) said:
Decides to establish a United Nations Support Mission in Libya (UNSMIL), under the leadership
of a Special Representative of the Secretary-General for an initial period of three months, and
decides further that the mandate of UNSMIL shall be to assist and support Libyan national
efforts to:
a) restore public security and order and promote the rule of law;
b) undertake inclusive political dialogue, promote national reconciliation, and embark upon
the constitution-making and electoral process;
c) extend state authority, including through strengthening emerging accountable institutions
and the restoration of public services;
d) promote and protect human rights, particularly for those belonging to vulnerable groups,
and support transitional justice;
e) take the immediate steps required to initiate economic recovery; and
f) coordinate support that may be requested from other multilateral and bilateral actors as
appropriate;”
• The UN Resolution 2240 (2015) approved the EU mission against human trafficking off
Libya.
On the morning of the 9 October 2015, the UNSC almost unanimously approved a UN resolution
that authorizes the member states and the European Union’s naval operations to seize and
dispose of vessels being operated by human traffickers in Libya. The Resolution was backed by
all members, with the exception of Venezuela who abstained. Although this is an encouraging
step, this resolution obviously does not tackle the root causes of the migration problem.
Any migrants found on those boats would then be taken to Europe. The text also sets out the
precise circumstances under which the use of force could be used while protecting the migrants.
Read more about his on the UN's press release and here.
24 | P a g e
D. Statement of the Problem
The current situation is extremely worrying. A recent study by Link Campus University confirms
that 70 percent of migrants who come from Libya to Italy have been victims of human
trafficking.
As it is established in the Migration Crisis Operational Framework (MCOF)1 migrants face
major security concerns including extortion, kidnapping for ransom and arbitrary detention.
Those acts are increasing due to the terrible economic situation, lack of rule of law and increase
of criminal networks in the country. The newspapers have gathered testimonies that prove the
existence of human slaves, bonded labour, harassment, indefinite detention and general
exploitation.
In order to develop a live in Libya migrants need to have access to basic services which is not
possible when they are on an irregular situation in the country, which is what happens in the
majority of the cases.
The UN adopted Resolution 2331 (2016), Resolution 2388 (2017) and the MCOF try to establish
a framework to work towards the elimination of this human rights violations. In addition to the
international frameworks, as you can see at the MCOF Libya action summary, we find different
partnerships and coordination with Libya local authorities, local governmental and non-
governmental organizations, humanitarian agencies and systems and government legislation and
structures.
However, as the recent reports show they are not enough and a new coordinated action shall be
taken. In words of the IOM Director General William Lacy Swing “to end the slave trade we
need to stop human smuggling and you do that by destroying their business model. And you do
1 “The MCOF is a practical, operational and institution-wide tool to improve and systematize the way in which the
Organization supports its Member States and partners to better prepare for and respond to migration crises”,
source: IOM MCOF’s page, https://www.iom.int/mcof.
25 | P a g e
that by ending by decriminalizing migration and encouraging migration that is documented, safe
and secure for all.”2
In order to strengthen Libyan authorities’ holistic response to the complex migrations crises, the
following objectives shall be meet:
OB1: Better informed assistance to most vulnerable populations affected by the migration crisis
OB2: Increased access to emergency assistance and essential services for the most vulnerable
populations and communities
OB3: Improved access to protection services for the most vulnerable populations affected by the
migration crisis, particularly women and children
OB4: Reduced drivers of instability and enhanced resilience of conflict-affected populations and
communities
OB5: Better equipped affected populations and communities to support economic recovery and
development
OB6: Improved capacity of local stakeholders to effectively respond to the needs of populations
and communities affected by the migration crisis
OB7: Improved capacity of Libyan authorities to implement rights based, comprehensive
migration policies and assistance
E. Bloc Positions
EUROPEAN UNION
The European Union (EU) provides assistance to Libya through a set of specific measures that
aim to restore the effective governance and to improve socio-economic conditions. Through
partners on the ground, such as the IOM and the UNCHR, the EU is stepping up its humanitarian
assistance. Moreover, the EU is also supporting Libyan authorities through its Common Security
and Defense Policy (CSDP) mission and operations, EUNAVFOR MED Operation Sophia and
EUBAM Libya. You can read more here.
2 IOM Joins UN SG in Call to End Libya Migrant Slave Trade, IOM’s website, https://www.iom.int/news/iom-joins-
un-sg-call-end-libya-migrant-slave-trade
26 | P a g e
In 2012 the European Commission updated its 2005 EU Action Plan and adopted the EU
Strategy towards the Eradication of Trafficking in Human Beings 2012-2016. The strategy from
2012 is composed of a set of measures needing to be implemented by the end of 2016. These
measures include the prevention, protection and support of the victims and the prosecution of
traffickers as well as the establishment of national law enforcement units specialised in human
trafficking. Finally, it also included the creation of joint European investigation teams whose
purpose is to prosecute cross-border trafficking cases.
In May 2014 was adopted the EU Integrated Border Management Assistance Mission to Libya in
order to support Libyan authorities to improve and develop the security of the country’s borders.
This EU civilian mission was first deployed in May 2013, after EU Foreign Ministers gave their
consent. It is managed by the European External Action Service (EEAS) under the auspices of
the Common Security and Defense Policy (CSDP). The mandate of mission is “capacity
building”, which means training local authorities and sharing expertise. As such, the EUBAM
does not carry out any activities themselves or provide EU funds. Instead, it focuses on advising,
training and mentoring Libyan border control staff. For example, they have delivered training on
aviation security, customs best practices, vehicle and passport checks, maritime search and
rescue and inter-agency cooperation. On the 15th of February 2016, the EU Foreign Affairs
Council decided to extend the mission until the 21st of August 2016.
Regarding the recent events, the EU has insisted on its willingness to collaborate to solve the
problem. The high representative of the union for foreign affairs and security policy, Federica
Mogherini, pointed out the urgency to close the Libyan detention centres and the need to create
alternatives that may be financed by the European Union.
Lastly, in 2017, France and Germany agreed on a plan to evacuate thousands of migrants stuck in
Libyan detention camps.
AFRICAN UNION
The African Union has called for an investigation on the Libyan authorities regarding the ‘slave
markets’ of African migrants in the conflict torn nation.
27 | P a g e
As stated by the African Union (AU) Commission chairman, Moussa Faki Mahamat, the first
priority of the AU is to evacuate as many migrants as possible from the Libyan camps, especially
West African and mostly women and children. However, taking into account that there are more
than 40 camps and centres and probably more than 500.000 migrants in the country the AU
resources are insufficient to achieve the aforementioned goal. Some countries, such as Morocco,
had offered aircraft to take home the first wave of migrants.
Faki announced the formation of an AU commission of inquiry into the root causes of the
migration from African countries to Europe as well as a plan to create the economic growth and
jobs or other prospects to encourage young African population to stay in the continent. This
“stay-a-home” plan included a big investment initiative from the European Union.
Lastly, the AU Commission has appealed to the Libyan authorities to “improve migrants’
detention conditions” and to investigate the later tracks of human slavery.
F. Questions for Resolution
How can the IOM and its member-states prevent those practices?
How should those practices be qualified?
How many financial resources should be allocated to provide for the victims?
How international and domestic law shall be reformed?
How should countries with limited financial means address the current humanitarian
crisis?
How should the UN and countries non-affected assist the Libyan Government?
Where does the mandate of the IOM meet the sovereignty of its member states?
G. References for further studies
IOM Libya’s page, https://www.iom.int/countries/libya
28 | P a g e
BBC, Migrant slavery in Libya, http://www.bbc.com/news/world-africa-42492687
The Time, Casey Quackenbush, The Libyan Slave Trade Has Shocked the World,
http://time.com/5042560/libya-slave-trade/
The New York Times, Nour Youssef, Sale of Migrants as Slaves in Libya Causes
Outrage in Africa and Paris, https://www.nytimes.com/2017/11/19/world/africa/libya-
migrants-slavery.html
CNN, Richard Roth, UN chief, Libya slave auctions may be crimes against humanity,
https://edition.cnn.com/2017/11/20/africa/un-secretary-general-libya-slave-
auctions/index.html
S/RES/2388 (2017) – Maintenance of international peace and security – trafficking in
persons, https://undocs.org/en/S/RES/2388(2017)
S/RES/2331 (2016) – Maintenance of international peace and security – trafficking
https://undocs.org/S/RES/2331%282016%29
70% of Migrants from Libya victims of Trafficking, Study Reveals, The African Courier,
http://www.theafricancourier.de/migration/70-of-migrants-from-libya-victims-of-
trafficking-study-reveals/
European Union External Action website,
https://eeas.europa.eu/headquarters/headquarters-homepage_en/19163/EU-
Libya%20relations
Made by Sonia Lopez Muñoz
Sample Position Paper
Committee: International Labor Organization
Topic: Globalization and Development
Country: Romania
In the past two decades the rapidly growing world trend has been toward globalization. With the
emergence of the internet as a means of communication and the increasing accessibility of
international trade physical barriers are not the only barriers withering away. Protective tariffs are
29 | P a g e
plummeting, and free trade agreements are becoming more prevalent. Romania appreciates that
globalization creates favorable situations for expansion of commercial as well as economic assets. In
the past year Romania has seen a foreign direct investment (FDI) increase of 199%. Inward FDI
increased from EURO 234 million in 2005 to EURO 699 million in 2006. However, Romania
realizes that increased globalization does not automatically produce more equality.
Globalization and Development can contribute to the advancement of the overall international human
condition; however, the delegation of Romania recognizes that without proper regulation the
potential for advancement will remain limited to an elite few individuals, businesses, and nations.
Unless checked and aimed toward the common good, globalization cannot effectively serve the
global community. Crucial in dealing with the complexities of globalization, good governance must
act with solidarity and responsibility. Romania believes that in involving people in globalization we
must promote moral values, democratic principles, inclusive global political culture, institutions that
safeguard both individual civil rights and inherent freedoms, and the common good. In addition,
coping with the influx of information from globalization governments must act with solidarity and
insight.
Romania believes the multinational business community has the ability and the obligation to support
pertinent values in human rights, labor standards, and environmental preservation. As stated by the
president, Mr. TraionBasescu, Romania feels a "heartfelt attachment to multilateralism, as an
effective instrument designed to identify the adequate answers to the challenges brought by
globalization."
Romania is party to most of multilateral treaties and conventions identified as such by the Secretary
General in the context of the Millennium Summit in 2001. As one of the newest members of the
European Union, Romania is an active member of the World Trade Organization, and looks forward
to offering its support to the redirection of globalization to best benefit the global community.
Sample Draft Resolution
Draft Resolution GA/ 3/ 1.1
General Assembly Third Committee
Committee: Social, Humanitarian, and Cultural Committee
Sponsors: United States, Austria and Italy
Signatories: Greece, Tajikistan, Japan, Canada, Mali, the Netherlands and Gabon
Topic: "Strengthening UN coordination of humanitarian assistance in complex emergencies"
30 | P a g e
The General Assembly,
Reminding all nations of the celebration of the 50th anniversary of the Universal Declaration of
Human Rights, which recognizes the inherent dignity, equality and inalienable rights of all global
citizens,
Reaffirming its Resolution 33/1996 of 25 July 1996, which encourages Governments to work with
UN bodies aimed at improving the coordination and effectiveness of humanitarian assistance,
Noting with satisfaction the past efforts of various relevant UN bodies and nongovernmental
organizations,
Stressing the fact that the United Nations faces significant financial obstacles and needs reform,
particularly in the humanitarian realm,
1. Recommends the United Nations Development Programme to submit a report to the
Economic and Social Council at the next Ministerial Review in accordance with Article
64(1), with assistance from the United Nations Statistical Division and the UN-Energy,
focusing upon the following:
a) prospects of nuclear energy in the future with respect to its viability in terms of
availability, affordability and competitiveness, with due regard to the social costs and
possible risks:
i. feasible alternatives in terms of sustainability, availability, affordability and
competitiveness, with a special focus on renewable sources;
2. Requests that all nations develop rapid deployment forces to better enhance the coordination
of relief efforts of humanitarian assistance in complex emergencies;
3. Calls for the development of a United Nations Trust Fund that encourages voluntary donations
from the private transnational sector to aid in funding the implementation of rapid deployment forces.
Preambulatory and Operative clause chart
31 | P a g e