SECURITY COUNCIL

CONGRESMUN 2016

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

1

Introduction letter from the chair

Welcome to the United Nations Security Council, my name is Manuela Grisales Romero, I

am 19 years old and I am going to be the Chairman of this committee for the 2016

CONGRESMUN. I am studying in the University Tecnológico de Monterrey in Estado

México, currently in my fourth semester of Economy and Finance. I am Colombian,

therefore my previous studies where in Colombia, where I earned a scholarship for studying

in Mexico. I have participated in several models of the United Nations, being chairman of

the International Atomic Energy Agency, the United Nations World Trade Organization,

the United Nations Office on Drugs and Crime, and being the Secretary General of the most

important model of the United Nations in one of the main cities in Colombia. During all of

the models that I have had the chance to participate, I have learned the importance of being

aware of the international situations that affect the populations, the environment and the

security of the world. Nothing allows you to see what are the main problems that the world

has than being in a model of the United Nations, nothing gives you the opportunity of

learning more about the different cultures and beliefs than searching and preparing for a

debate in a committee and surely nothing gives you more adrenaline and knowledge than

being part of the Security Council of the 2016 CONGRESMUN. With that being said, it is

a pleasure for me to introduce you to the chair of this year committee.

-----

My name is Corine Olivares Téllez and I am going to be the moderator of the committee.

I'm studying the 8th semester of the degree in International Relations at the Benemérita

Universidad Autónoma de Puebla. I have participated in over twelve Model of United

Nations since 2012, among which can distinguish CONGRESMUN 2013, ITAMMUN

2013, SIAJNU 2013, SINIUM 2014 and MONUUNAM 2014. CONGRESMUN has

always stand out for being a Model of UN in which hundreds of people, from high school

to college can gather together and debate the topics under the highlight of the international

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

2

society within three days. In this specific occasion and having such relevant topics, I truly

believe in the importance to have fresh ideas of what a practical solution to this issues can

be, always considering the positive or negative effects of any resolution a committee can

have.

---

My name is Laura Assis Iragorri, I am 19 years old and I am going to be the Conference

Officer of the committee. I'm currently in my fourth semester of Economy and Finance in

the University Tecnológico de Monterrey in Estado de México. Before this, my previous

studies were in Colombia, where I was given a scholarship to study in Mexico. Throughout

my life I have shown a lot of interest in worldwide problems and social topics, using this to

participate in one of the biggest UN models in Cali, Colombia. I think that this model

contribute to a better and complete development of knowledge in this stage of our life, so I

do consider it is relevant for all of you to be interested in everything that happens around

the globe.

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

3

Delegates, as you already know, the Security Council is a very important committee,

therefore deserves all the commitment, professionalism and enthusiasm that you can

provide. We expect you to be very well prepared, we decided to give you a small guide

about the topics with information that will help you through your investigation,

nevertheless, the information provided isn’t enough for all the preparation you need as

delegates of the Security Council. We hope you take very seriously the roll of being the

representative of a nation and learn a lot about the country you are representing, because it

is not an easy task. If you have any questions or doubts you can ask any of the members of

the chair, we expect you to have a great model and enjoy this amazing opportunity.

Manuela Grisales

Chairman

Corine Olivares Laura Assis

Moderator Conference Officer

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

4

Topic A: Juvenile access to small arms and light weapons

“Addressing the issue of small arms requires us to go beyond measures for arms control. It needs to

be an integral part of a wider spectrum, covering conflict and security, armed violence and crime,

trade and human rights, health and development. In crisis and post-conflict situations, we need to

focus not only on basic reduction and control measures, but equally on alternative, sustainable

livelihoods, taking into account the crucial aspects of gender and age. All our peacebuilding efforts

need to include ways to address small arms, as do broader national development plans in all

countries affected by this scourge.”

Ban Ki-moon

United Nations Secretary-General

IMPORTANT DEFINITIONS AND CONCEPTS Some of the most important definitions and concepts needed for working on the topic of

“Juvenile access to small arms and light weapons” are presented with the purpose of the

application of such definitions in the work of the legislations presented and the clarification

of the information for the delegates and others.

A). Small arms and Light weapons:

According to the Article 4 of the International Tracing Instrument taken from the United

Nations Development Programme:

‘Small arms and light weapons’ will mean any man-portable lethal weapon that

expels or launches, is designed to expel or launch, or may be readily converted to

expel or launch a shot, bullet or projectile by the action of an explosive, excluding

antique small arms and light weapons or their replicas. Antique small arms and light

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

5

weapons and their replicas will be defined in accordance with domestic law. In no

case will antique small arms and light weapons include those manufactured after

1899:

-Small arms are, broadly speaking, weapons designed for individual use.

They include, inter alia, revolvers and self-loading pistols, rifles and

carbines, sub-machine guns, assault rifles and light machine guns;

-Light weapons are, broadly speaking, weapons designed for use by two or

three persons serving as a crew, although some may be carried and used by a

single person. They include, inter alia, heavy machine guns, hand-held

under-barrel and mounted grenade launchers, portable anti-craft guns,

portable anti-tank guns, recoilless rifles, portable launchers of anti-tank

missile and rocket systems, portable launchers of anti-craft missile systems,

and mortars of caliber or less than 100 millimeters

(International Tracing Instrument quoted by the United Nations Development

Programme, 2008, page 6).

B). Juvenile and juvenile delinquency: As the United States Department of Justice (1998) in the Criminal Resource Manual,

quotes:

A “juvenile” is a person who has not attained his eighteen birthday. A person over

eighteen but under twenty-one years of age is also accorded juvenile treatment if the

act of juvenile delinquency occurred prior to his eighteen birthday.

(United States Department of Justice, 1998)

ABOUT SMALL ARMS AND LIGHT WEAPONS TO DIFFERENT AREAS

For some time, legislating laws about the usage of weapons has presented several problems,

taking into account the different classifications there are and how they can be transported

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

6

and acquired by people, especially by juvenile and minors who have to be judged

differently. Therefore, it is necessary to consider a range of issues and problematic when

taking into account the legislation of laws and policies to control the possession, usage and

sell of the small arms and light weapons.

Although some of the most important consequences of the use, sell and custody of small

arms and light weapons concern to the economic and political problems of the countries,

the human security perspective is one of the most significant topics to be discussed taking

into account the regulation of civilian possession of small arms and light weapons, together

with the security of the people and how the possession of this arms affects the integrity and

life of the civilians.

The possession of small arms and light weapons threats the human rights of the population,

from a human security perspective.

REGULATIONS OF THE SALWS

PRINCIPLES FOR

REGULATING SALWs

LEGISLATIVE

MEASURES

Regulating the firearm itself

“Policies targeting specific SALW

typically do so because of certain features

–such as lethality or easily concealable

firearms- that make them particularly

dangerous for civilian use. Specific SALW

may also be prohibited because they are

not extremely deadly, but appear to serve

no legitimate civilian function.”

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

7

Regulating the user of the

firearms

“In general, this principles includes

policies designed to set the terms and

minimum competencies for the legitimate

use of guns and/or proscribe particular

behaviors or actions that are deemed

particularly dangerous to individuals using

small arms or those around them. Many of

the elements listed below may also be

contained in secondary legislation,

depending of the legal system of the

country.”

Regulating the use of the

firearms

“This set of policies is designed to

formalize who may or may not own and

use small arms, and the procedures and

administrative requirements necessary for

keeping guns out of the hands of those who

are prohibited.”

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

8

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

9

ORGANIZATIONS THAT PARTICIPATE IN THIS CONFLICT

SECURITY COUNCIL The Security Council has maintain a close investigation about this topic, due to the

importance of it and the possible recommendations that have to be given. For this, the

Security Council has stablished two resolutions, Resolution 2117 on 2013 and Resolution

2220 on 2015.

----

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

10

QUESTIONS TO THINK 1. How is the legislation about the juvenile access to small arms and light weapons in

the country assigned?

2. What possible penalties are for the juvenile?

3. What happens in an international problem related to this issue? (When two countries

are involved in a situation associated to SALWs).

4. What can international organizations do about a problematic related to SALWs?

5. How are regulations of the small arms and light weapons applied to juvenile taking

into account the different legislations on each nation?

6. Are the governments supposed to act about problems related to SALWs or let this

issue as an independent situation?

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

11

Topic B: Non Proliferation Treaty: Democratic

People’s Republic of Korea

The threats and problems between countries around the world have become stronger, due to

the enormous differences between the economies and politics the nations have. Because of

that, countries and governments have decided to protect and look after the security and

welfare of the civilians and their territory with weapons and arms, including nuclear

weapons. Nonetheless, nuclear weapons created a huge threat to all of the countries,

because it generated a lot of danger for the civilians and could get out of control easily.

Therefore, an international treaty was created with the purpose of obtaining the nuclear

disarmament while preventing the usage of nuclear weapons and promoting the peaceful

use of the nuclear energy, known as the Treaty on the Non-Proliferation of Nuclear

Weapons. The treaty was recognized for the signature of the nations in 1968 where there

are stated certain rules about the usage and the prohibition of the nuclear weapons, which

was signed by 190 parties, were the 5 permanent members of the Security Council are

recognized as nuclear-weapon states, meanwhile India, Pakistan, Israel, South Sudan and

North Korea are non-parties of the treaty.

Considering the overall picture presented above, regarding the non-proliferation treaty, it’s

important to mention the objective of working on the topic stated before and clarify the

main characters and issues that will be very relevant for the debate. In addition, it will be

necessary for the delegates to read the most important documents that include the rules and

resolutions that have already been discussed in the Security Council and in other

commissions, in order to be prepared for any conclusion made by a nation related to the

topic.

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

12

DEFINITIONS

Nuclear Weapons:

According to the Oxford Dictionary (2015), a nuclear weapon is a “bomb or missile that

uses nuclear energy to causa an explosion”.

IMPORTANT DOCUMENTS AND TREATY

THE NON-PROLIFERATION TREATY

The treaty was proclaimed during Cold War, helping with the idea of disarmament and the

objective of a better relationship between the nations without taking the risk of a possible

nuclear war.

According to the Treaty on the Non-Proliferation of the nuclear weapons:

The States concluding this Treaty, hereinafter referred to as the Parties to the Treaty,

Considering the devastation that would be visited upon all mankind by a nuclear war and

the consequent need to make every effort to avert the danger of such a war and to take

measures to safeguard the security of people,

Believing that the proliferation of nuclear weapons would seriously enhance the danger of

nuclear war,

In conformity with resolutions of the United Nations General Assembly calling for the

conclusion of an agreement on the prevention of wider dissemination of nuclear weapons,

…

The Non Proliferation Treaty (NPT) is a landmark international treaty whose objective is to

prevent the spread of nuclear weapons and weapons technology, to promote cooperation in

the peaceful uses of nuclear energy and to further the goal of achieving nuclear

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

13

disarmament and general and complete disarmament.1 The treaty was signed on 1968. It

entered in force until 1970. Now a days, there are 190 States parties to the treaty.

According to the NPT, each Party to the treaty must:

Ensure non-proliferation among states,

Seek for a peaceful disarmament, and

Use nuclear technology with peaceful purposes

The NPT, also states the obligation for the Parties to receive the International Atomic

Energy Agency (IAEA) in order to check and confirm the accomplishment of the treaty.

THE SITUATION REGARDING PEOPLE’S DEMOCRATIC REPUBLIC OF

KOREA – TIMELINE

1993

North Korea denied the access to IAEA’s inspections. Therefore, the Agency

asked the Security Council (UNSC) to authorize special inspections. Since that,

North Korea announces its intention to withdraw from the NPT on 12 March

1993. The treaty states that a withdrawal takes effect until 90 days after the

announcement.

1994

North Korea announces its withdrawal from the IAEA due to the insistence of

the Agency, supported by the US, on the inspections of their facilities. Two days

later, it begins a negotiation between Washington and Pyongyang in order to

stop the Korean nuclear weapons program and to resume talks with the US as

well as the IAEA. On November, the IAEA announces that the construction has

been halted at Nyongbyon and Taochon nuclear facilities.

1996

On Januarry, North Korea agreed a meeting on missile proliferation. On April,

1996, both parts (Korea and the US) met on Berlin. The US proposed Korea to

join to the Missile Technology Control Regime. Later, on May, the US imposed

sanctions to North Korea and Iran for transfers on Missile technology. The

1 “Treaty on the Non-Proliferation of Nuclear Weapons”, United Nations Office for Disarmament Affairs, http://www.un.org/disarmament/WMD/Nuclear/NPT.shtml

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

14

sanctions were over the missile related economic sectors of North Korea. On

October, US deployed a reconnaissance mission and confirmed the cancel of the

missile test.

1998

The South Korean president, announced his intention to improve the inter-

Korean relations. On the other side, North Korea, announced that they would

only end its missile exports if it is suitably for their finances. On August 31,

Korea made a missile test that flew over Japan.

1999

North Korea agrees to a moratorium on testing any long-range missiles for the

duration of talks with the United States. The United States agrees to a partial

lifting of economic sanctions on North Korea. The two parties agree to continue

high-level discussions. On December, KEDO officials sign a turn-key contract

with the Korea Electric Power Corporation to begin construction on the two

LWRs in Kumho, North Korea.

2001

After some declarations form the US, North Korea canceled the talks with Seoul.

It began threats between US and North Korea. US imposed more sanctions over

Korean corporations.

2002

US reviewed the use of nuclear weapons against North Korea. On September,

North Korea agreed with Japan to indefinitely extend its moratorium on missile

testing. On October, US stated the North Korea accepted that they had a

clandestine program in order to enrich uranium for weapons. On December,

Spanish and U.S. forces intercept and search a ship carrying a shipment of

North Korean Scud missiles and related cargo to Yemen. The United States

allows the shipment to be delivered because it lacks the necessary legal

authority to seize the cargo. Later, North Korea cuts all seals and disrupts IAEA

surveillance equipment on its nuclear facilities and materials.

2003 North Korea officially withdraw from NPT. It also resume its missile test.

2005

North Korea’s Foreign Ministry announces that Pyongyang has “produced

nuclear weapons.” This is Pyongyang’s most definitive public claim to date on

the status of its nuclear arsenal.

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

15

2006

North Korea test fires seven ballistic missiles, including its longest-range

missile, the Taepo Dong-2. The other six tests include a combination of short-

and medium-range Scud-C and Nodong ballistic missiles, launched from the

Kittaraeyong test site. Although the tests of the six short-range missiles appear

to be successful, the Taepo Dong-2 fails less than a minute after launch. On

July, The UN Security Council adopts Resolution 1695 condemning North

Korea’s missile launches. The resolution calls on Pyongyang to return to the six-

party talks and “demands” that the country suspend its ballistic-missile

activities and re-establish its flight-testing moratorium. On October, Korea

made some test on response to US threats.

2007

South Korean President Roh Moo-hyun travels to Pyongyang to meet with

North Korean leader Kim Jong Il to discuss prospects for reconciliation and

economic cooperation. It is the second time in history that such summit-level

discussions have been held. The summit concludes with a an eight-point joint

declaration in which both sides agree to take steps toward reunification, ease

military tensions, expand meetings of separated families, and engage in social

and cultural exchanges.

2008

The IAEA issues a press statement indicating that, at Pyongyang’s request, the

agency completed removing seals from North Korea’s reprocessing facility. The

statement also said that North Korea informed the agency that it would begin

introducing nuclear material at that facility “in one week’s time” and that

inspectors would no longer have access to the plant.

2009

The UN Security Council issues a presidential statement condemning North

Korea’s April 5 rocket launch, and declaring it “in contravention of Security

Council resolution 1718.” The statement also calls for strengthening the punitive

measures under that resolution. In response to UN Security Council statement,

North Korea’s Foreign Ministry indicates that Pyongyang is withdrawing from

the six-party talks and “will no longer be bound” by any of its agreements. North

Korea also says that it will reverse steps taken to disable its nuclear facilities

under six-party agreements in 2007 and will “fully reprocess” the 8,000 spent

fuel rods from its Yongbyon reactor in order to extract plutonium for nuclear

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

16

weapons. Later, it eject all the inspectors form their facilities. Also, UN

Secretary-General Ban Ki-moon appoints a eight-person panel of experts to the

UN Security Council’s 1718 committee to assess the implementation of the

sanctions on North Korea in accordance with Resolution 1874.

2010

North Korea fires artillery rounds at the South Korean island of Yeonpyeong,

200 of which hit the island killing two soldiers and injuring seventeen others.

Three civilians were also hurt in the attack. South Korea returned fire and

scrambled combat aircraft in the area.

2011

U.S. and South Korean forces conduct large-scale joint military exercises. North

Korea threatens to turn Seoul into a “sea of fire” in response to the exercises,

which U.S. officials claim was planned long in advance of the recent peak in

tensions.

2012

North Korea announces it will launch a satellite in mid-April to celebrate the

centennial birthdate of the country’s founder Kim Il Sung. North Korea

attempts to launch a weather satellite using the Unha-3, a three-stage liquid-

fueled rocket, from its Sohae Satellite Launching Station in the southwest

corner of the country. During the first stage, after approximately 90 seconds,

the rocket falls apart after veering slightly east from its intended course. The

first stage appeared to be comprised of a cluster of four Nodong medium-range

ballistic missiles engines. The second stage, which appeared to be based on a

BM-25 Musudan intermediate-range ballistic missile did not ignite. It is unclear

what caused the rocket launch to fail. Analysts speculate that there may have

been a structural failure in the second stage, or that not all four of the engines in

the first stage fired correctly. North Korea admits that the launch is a failure,

which it did not do after the April 2009 launch, when the North Korean public

was told that the satellite successfully entered orbit. The US officially halts its

plans to send food aid to North Korea.

2013

The United Nations Security Council passes Resolution 2087 in response to

North Korea's Dec. 12 satellite launch, which used technology applicable to

ballistic missiles in violation of resolutions 1718 (2006) and 1874 (2009).

Resolution 2087 strengthens and expands existing sanctions put in place by the

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

17

earlier resolutions and freezes the assets of additional North Korean individuals

and people. Korea also announced it plans to restart the reactor at Yongbyon.

2014

North Korea test-fires 30 short-range rockets off its east coast, test-fires two

medium-range Rodang (also known as No Dong) missiles into the Sea of Japan,

violating UN sanctions. test-fires two medium-range Rodang (also known as No

Dong) missiles into the Sea of Japan, violating UN sanctions.

INFORMATION RELATED TO THE NON PROLIFERATION TREATY According to the Non Proliferation Treaty the articles are agreed as follows:

ARTICLE I

Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient

whatsoever nuclear weapons or other nuclear explosive devices or control over such

weapons or explosive devices directly or indirectly; not and not in any way to assist,

encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire

nuclear weapons or other nuclear explosive devices, or control over such weapons or

explosive devices.

Important questions -Which countries are a main threat because of their nuclear capability?

-What possible problems can be found in the Non-Proliferation Treaty that could be

debated?

-What other resolutions have been published related to the Non-Proliferation Treaty?

-What has been the response of the international organizations and governments about the

regulations made?

-How are the measures of the treaty been taken into account by the parties?

-Which countries have violated the articles written in the treaty?

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

18

REFERENCES

ICRC. (2006). RESOURCE CENTRE.

https://www.icrc.org/eng/resources/documents/misc/small-arms-paper-250506.htm

NATO. (2015). Small arms and light weapons (SALW) and mine action (MA). Taken from

http://www.nato.int/cps/en/natohq/topics_52142.htm

Selected United Nations Documents. (2008). Small Arms and Light Weapons. Taken from

http://www.poa-iss.org/Publications/Small_Arms_2008.pdf

United Nations Development Programme. (2008). How to Guide: Small Arms and Light

Weapons Legislation. Taken from http://www.poa-

iss.org/CASAUpload/Members/Documents/9@SALWGuide_Legislation.pdf

United States Department of Justice. (1998). Office of the United States

attorneys: “Juvenile” defined. Taken fromhttp://www.justice.gov/usam/criminal-

resource-manual-38-juvenile-defined

UNODC. (2009). Protocol against the Illicit Manufacturing of and Trafficking in Firearms,

Their Parts and Components and Ammunition, supplementing the United Nations

Convention against Transnational Organized Crime. Taken from

https://www.unodc.org/documents/treaties/Special/2001%20Protocol%20against%2

0the%20Illicit%20Manufacturing%20of%20and%20Trafficking%20in%20Firearms

.pdf

IMPORTANT LINKS FOR ADDITIONAL INFORMATION JUVENILE DELIQUENCY http://www.sagepub.com/sites/default/files/upm-binaries/30579_1.pdf http://www.jblearning.com/samples/0763736287/Chapter_02.pdf SMALL ARMS AND LIGHT WEAPONS http://www.poa-iss.org/CASAUpload/Members/Documents/9@SALWGuide_Legislation.pdf

http://www.poa-iss.org/Publications/Small_Arms_2008.pdf http://www.smallarmssurvey.org/fileadmin/docs/L-External-

publications/2003/2003%20BtB%20Regulation%20civ%20possession.pdf http://www.kaiptc.org/publications/policy-briefs/policy-briefs/kaiptc-policy-brief-1---managing-national-commissi.aspx http://interamericanos.itam.mx/working_papers/11GOEHSING.pdf

Modelo de Naciones Unidas del H. Congreso de la Unión

CONGRESMUN 2016

19

http://www.un.org/disarmament/convarms/salw/ SECURITY COUNCIL APPLICATION http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2220(2015) http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2117(2013) ARMS http://www.glica.org/topics/show/144 PROTOCOLS https://treaties.un.org/doc/source/RecentTexts/18-12_c_E.pdf http://www.poa-iss.org/PoA/poahtml.aspx http://www.reachingcriticalwill.org/disarmament-fora/salw http://www.nato.int/docu/review/2011/arms-control/10-years-actions/EN/index.htm http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx