UNODC TOPIC GUIDES PIMUN 2019 - paris international model united ...
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Table of contents Welcome letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Committee mandate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Topic A: Combating the Financing of Armed Militias in Latin America . . . . . . . . . . . . . . . . . . .3 History and current situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Drug trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Environmental crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Money-laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Corruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Previous international actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Possible solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Committee mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Research and preparation questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Topic B: Criminalizing Ivory Poaching and Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 History of the topic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Ivory supply and trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Ivory poaching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Endangered species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Previous international actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 Possible solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Committee mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Research and preparation questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Welcome Letter Dear delegates, We warmly welcome you all to PIMUN 2019 and to the United Nations Office on Drugs and Crime! We cannot stress enough how much of an honour it is for us to be your committee chairs. We sincerely hope that every single delegate feels comfortable and has lots of fun during the weekend. You probably already know how amazing of a city Paris is. With the undoubtedly pleasant socials the conference has the safe potential to be an unforgettable time for everybody. However, as important as having a good time is, a MUN conference is of course work, too. We, therefore, expect all the delegates to have conducted serious research prior to the conference in order to maintain a high level of debate during the committee and allow it to run smoothly. The two chosen topics are very exciting and complex. We hope the following guide gives you all the necessary input to start your research and prepare for fruitful and heated debate. We look very much forward to get to know you all at PIMUN 2019! If you have any questions, do not hesitate to contact us. See you all soon! Kindest regards, Céline and Daria
Committee mandate The United Nations Office on Drugs and Crime (UNODC) was established in 1997 after the merger between the United Nations Drug Control Programme and the Centre for International Crime Prevention, and today it is a global leader in the fight against illicit drugs and international crime 1. The Office’s original purpose is the fight against drug trafficking and transnational crime, however its mandate covers a range of additional topics which are: terrorism prevention, corruption, money-laundering, piracy, firearms, wildlife and forest crime, human trafficking, counterfeit medicine trafficking. Being an organ of the UN system, UNODC’s resolutions are adopted by the General Assembly and ECOSOC, and its membership counts the 193 UN Member States. The committee’s resolutions are therefore not legally binding, but are recommendations that the Member States are strongly advised to take seriously. UNODC provides three different types of aid to its Member States: field based technical cooperation’s projects, research and analytical work, and normative work to aid national Governments in implementing international treaties and declarations, but also to suggest the 2 development of local legislation . In addition to that, UNODC publishes every year the World Drug Report that assesses the international drug problem and gives detailed information on the illicit drug situation. UNODC’s headquarters are located in Vienna, Austria, and the agency’s current executive director is Yuri Fedotov. The Office of the Executive Director (OED) exercises its authority over the Division for Operations (DO), the Division for Treaty Affairs (DTA), the Division for Policy Analysis and Treaty Affairs (DPA) and the Division of Management (DM) 3. Different branches are associated to each of these divisions, such as the Drug Prevention and Health Branch (DHB), the Organized Crime and Illicit Trafficking Branch (OCB), the Corruption and Economic Crime Branch (CEB), or the Terrorism Prevention Branch (TPB). The Office on Drugs and Crime is also governed by two UN policy-making bodies: the Commission on Narcotic Drugs (CND) and the Commission on Crime Prevention and Criminal Justice (CCPCJ). Their decisions and their resolutions are supposed to provide guidance to the Member States and to UNODC 4. Amongst the UNODC’s most significant achievements, the NOROUZ programme (2002-2003) implemented in Iran considerably helped to enhance national anti-drug trafficking capacities, to reduce the impact of drug abuse, to improve legislative capacities, to disseminate 1 United Nations Office on Drugs and Crime. (n.d.). About UNODC. [online] Available at: http://www.unodc.org/unodc/en/about-unodc/index.html?ref=menutop [Accessed 10 Feb. 2019]. 2 Ibid. 3 United Nations Office on Drugs and Crime. (2018). Organizational Structure. [online] Available at: http://www.unodc.org/documents/about-unodc/Visio-UNODC_incl_abbrev_overall_17_May_2018.pdf [Accessed 10 Feb. 2019]. 4 United Nations Office on Drugs and Crime. (n.d.). Commissions. [online] Available at: http://www.unodc.org/unodc/en/commissions/index.html?ref=menuside [Accessed 10 Feb. 2019].
information, and mobilise civil society in the fight against drugs and crime 5, opening a new era in the Iranian national drug control effort and in the participation of the international community to its realisation. However, this project has been criticized by human rights organizations such as Amnesty International for not respecting the international human rights standards, and notably for the conduction of unfair trials and executions of those suspected of drug offences in Iran 6. Topic A: Combating the Financing of Armed Militias in Latin America Armed militias are considered by the UN General Assembly to be armed forces raised from the people in order to defend some local territory. Their role is often described as midway between an army and the police 7. In Latin America, armed militias – also called paramilitary groups – usually take three forms. On the one hand, there are officially sanctioned forces that supplement the military and police, such as the Peruvian Rondas Campesinas – the peasant militias which were instrumental to fight the communist guerrilla in the 1980s. On the other hand, there are also illegal groups, such as Colombia’s National Liberation Army (ELN) whose members are accountable for numerous kidnappings and money extortions 8. The third form of paramilitary groups in Latin America are private security companies. Their existence is usually presented as an alternative to inefficient – because poorly paid and trained – and often corrupt police forces. The rise of the privatization of security in South America is also mainly caused by the state’s inability to enforce the rule of law 9, and therefore the rise of insecurity in both urban and rural areas. These companies are often called PMSCs (Private Military and Security Companies) and although they operate globally their presence in Latin America is significant, as the estimated ratio of PMSC members was four to one police officer in Brazil, five to one in Guatemala, and seven to one in Honduras in 2018 10. Although it might be argued that in some cases these militias contribute to increase the population’s security in some areas, they also raise multiple issues. First of all, even when the paramilitary groups are legal and officially sanctioned, they may not be fully under the government’s control and therefore they can undermine the government’s authority. Furthermore, their reliability might be questionable at times, and their lack of accountability places a significant risk on the populations they are supposed to protect. 5 United Nations Office on Drugs and Crime. (n.d.). History and Achievement. [online] Available at: https://www.unodc.org/islamicrepublicofiran/en/history-and-achievement.html [Accessed 10 Feb. 2019]. 6 Amnesty International. (2011). Addicted to death: executions for drug offences in Iran. [online] Available at: https://www.amnesty.org/en/documents/mde13/090/2011/en/ [Accessed 10 Feb. 2019]. 7 United Nations. (1948). Formation of armed militias - UN Palestine Commission - Working paper. [online] Available at: https://www.un.org/unispal/document/formation-of-armed-militias-un-palestine-commission- working-paper/ [Accessed 9 Feb. 2019]. 8 Cassman, D. (n.d.). National Liberation Army (Colombia) | Mapping Militant Organizations. [online] Web.stanford.edu. Available at: http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/87 [Accessed 3 Mar. 2019]. 9 Encyclopedia.com. (n.d.). Paramilitaries in Latin America | Encyclopedia.com. [online] Available at: https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts-and-maps/paramilitaries- latin-america [Accessed 3 Mar. 2019]. 10 Cooper, A. (2018). Private Security Companies Go Unchecked in Latin America. [online] Occrp.org. Available at: https://www.occrp.org/en/daily/7837-private-security-companies-go-unchecked-in-latin-america [Accessed 4 Mar. 2019].
When the armed militias are illegal, the issues raised become even more blatant. In fact, the large paramilitary groups need millions of dollars in revenue to keep the militias together, provide food and housing to their families, and pay for arms and equipment 11. Most of the time, their funding is generated by large-scale illicit economic activity (drug cultivation and trafficking, for example), and transnational criminal organizations. Not to mention that their agendas often differ from the government. It is therefore for the sake of public order and security that UNODC works to dismantle these groups by combatting their financing. Moreover, for many years the Office on Drugs and Crime has promoted common efforts to control illicit drug cultivation and trafficking and combat transnational criminal organizations. Therefore, the financing of armed militias through these canals represents a major point of concern on the UNODC’s agenda. History and current situation Because paramilitary groups are usually fathered by popular initiatives or groups of individuals, their creation is not always well documented. Therefore, there is no given date to mark the beginning of paramilitary activities in Latin America. Nevertheless, the region witnessed a rise of armed militias in the 1960s. In fact, this period of intense political mobilization and conflict gave rise to numerous guerrilla movements such as the Revolutionary Army Forces of Colombia (FARC), the MLN-T (Tupamaros) in Uruguay, the People’s Revolutionary Army in Argentina, or the Revolutionary Left Movement (MIR) in Peru. Since then, paramilitary groups have multiplied in the region, although some have since ceased their activities (like MIR). Currently in Latin America some of the most prominent armed militias are Primeiro Comando da Capital (PCC), the Gulf Clan, the FARC dissidents, but also Hezbollah which, despite its Middle-Eastern origins, operates in South America as well 12. The countries in the region that are the most directly concerned by the issue and witness an escalating rise of armed militias are Mexico and Brazil. One the one hand, the “vigilante” militias in Mexico, which were created between 2012 and 2013, claim to be “self-defence” groups fulfilling the mission to protect the population from the violence of drug cartels. Although these armed groups do enjoy considerable support from local population, they tend to represent a threat for the government and the local authorities mainly because their actions often result in more violence and cause major disorder. Some of their most renowned actions include insurgencies in the cities of Apatzingán and Guerrero in 2012 and 2013. At that time, a Guerrero state deputy has already claimed that these groups were “trying to take advantage of the power vacuums that exist in isolated areas" 13. On the other hand, Brazil’s urban militias, on the rise particularly in Rio de Janeiro, also proceed under the auto-proclaimed title of defenders of the population against gang violence. Furthermore, these armed-groups were once well-regarded in the country, 11 Maria Costa, A. (2005). [online] United Nations Office on Drugs and Crime. Available at: http://www.unodc.org/pdf/ED%20speech%20to%20OSCE.pdf [Accessed 9 Feb. 2019]. 12 Ottolenghi, E. (2018). Lebanon Is Protecting Hezbollah’s Cocaine Trade in Latin America. [online] Foreign Policy. Available at: https://foreignpolicy.com/2018/06/15/lebanon-is-protecting-hezbollahs-cocaine-and-cash- trade-in-latin-america/ [Accessed 9 Feb. 2019]. 13 Tuckman, J. (2013). Mexican vigilantes take on drug cartels - and worry authorities. [online] the Guardian. Available at: https://www.theguardian.com/world/2013/oct/28/mexican- militias-vigilantes-drug-cartels [Accessed 11 Apr. 2019].
enjoying the positive image of benevolent groups filling a void left by the state. These militias even used to be supported by many politicians, including the former president Jair Bolsonaro. One armed group called the “Justice League” was even sponsored by a former Rio city councillor during the 1990s 14. However, nowadays a large part of the population realizes that the militias often engaging in drug trafficking themselves, sometimes even partnering with cartels, making the line between the two types of groups relatively blurred. Nonetheless, armed militias dominated 41% of Rio’s favelas in 2010, and in 2012 they were suspected to have connections to more than 24 candidates to city council in several cities near Rio 15. Therefore, although their illegal activities seem to be unveiled to a large part of the population, their presence and power are still relatively strong, which reinforces the threat they represent for the local authorities, the government, as well as the local population. Drug Trafficking Armed militias often benefit financially from drug trafficking organizations. In exchange of their funding, the paramilitary groups accept to protect the territories where the plantation and drug production take place. In some cases, militias even engage in narco-trafficking directly in order to cover their expenses, as it was the case for the FARC during their years of activity 16. In fact, FARC controlled about 60% to 70% of the coca-producing areas, and were the biggest single player 17. Their income came mainly from taxing, but they were also involved in the drug production and transportation. From the cocaine trade alone, their earnings were estimated to be of US$267 million, in addition to their revenues from heroin and marijuana, which represented respectively US$5 million and US$30 million in 2016 18 Similarly, Rio’s militias are also known to engage in the drug trade while claiming to protect the population against the violence of drug gangs 19. Such behavioural pattern is unfortunately relatively common among numerous Latin American armed militias: while they enjoy initial support from the communities they committed to protect from violent drug trafficking groups, they eventually become involved themselves in drug trafficking and other organized crime activities 20. Beside 14 Garcia, R. (2018). How armed militias became part of Rio’s everyday life. [online] The Brazilian Report. Available at: https://brazilian.report/society/2018/03/26/armed-militias-rio- de-janeiro/ [Accessed 11 Apr. 2019]. 15 Ibid. 16 Norman, S. (2017). Narcotization as Security Dilemma: The FARC and Drug Trade in Colombia. [online] Tandfonline.com. Available at: https://www.tandfonline.com/doi/abs/10.1080/1057610X.2017.1338052 [Accessed 9 Feb. 2019]. 17 Globalinitiative.net. (2018). World Atlas of Illicit Flows. [online] Available at: https://globalinitiative.net/wp- content/uploads/2018/09/Atlas-Illicit-Flows-FINAL-WEB-VERSION.pdf [Accessed 23 Mar. 2019]. 18 Jeremy McDermott, ‘Record Cocaine Production in Colombia Fuels new Criminal Generation’ (17 July 2017), InSight Crime. Available at https://www.insightcrime. org/news/analysis/record-cocaine-production-colombia- fuels-new-criminal-generation/ [Accessed 23 Mar. 2019]. 19 Tijuca, B. (2016). ‘Militias are Involved in Drug Trafficking and Operate in Rio’s Wealthy Districts’ [INTERVIEW] | RioOnWatch. [online] Rioonwatch.org. Available at: http://www.rioonwatch.org/?p=51875 [Accessed 21 Mar. 2019]. 20 Albaladejo, A. (2018). Spate of Murders in Brazil Shines Spotlight on Militia Phenomenon. [online] InSight Crime. Available at: https://www.insightcrime.org/news/analysis/spate-murders-brazil-shines-spotlight-militia- phenomenon/ [Accessed 22 Mar. 2019].
that, a Mexican self-defence “vigilante” militia was even accused of being simply “a cover” for drug trafficking activities after the discovery of the ties between its leader and a Mexican drug cartel 21 . Nonetheless, whether the relationship between these militias and drug trafficking networks forms progressively or stands from the very beginning, the drug money contributes to the financing of several Latin American paramilitary groups. Figure 1: Main trafficking flows of cocaine in 2016 Image: Business Insider, UN World Drug Report 2016 Environmental Crime In the past years, environmental crimes became the most important source of revenue for non- state armed groups, representing 38% of their income 22 . This type of crime includes fuel smuggling, wildlife crime and illicit mining. In Latin America, countries like Brazil and Mexico represent the main poles for illegal logging and wood trade, the main recipients of these illicit flows being the United States and European countries. In Costa Rica and Venezuela, the 21 Gagne, D. (2014). Video Shows Mexico Vigilante Leader's Cartel Ties. [online] InSight Crime. Available at: https://www.insightcrime.org/news/brief/video-shows-knights-templar-mexico-vigilante-leader/ [Accessed 22 Mar. 2019]. 22 Down, A. (2018). Study: Environmental Crime is Largest Source of Income for Militias. [online] Occrp.org. Available at: https://www.occrp.org/en/daily/8653-study-environmental-crime-is-largest-source-of-income- for-militias [Accessed 24 Mar. 2019].
equivalent $40 million of wood and wood products were seized by INTERPOL in 2013 23. In addition to the loss of wildlife habitat, logging can also cause the degradation of air and water quality. To counter this scourge, INTERPOL launched in 2014 the operation Amazonas II across 13 Latin American countries, seizing more than $46 million worth of timber 24. This seizure has shed light of the need to enforce border control in the region and to raise awareness among the authorities to enable a rapid identification of protected species. Money-laundering Armed militias’ funds are often laundered through the informal sector, as well as with the help of bankers, economic operators and sometimes even financial institutions. In Latin America, the tri-border area shared by Brazil, Argentina and Paraguay, known as the “Western base” 25 of the Shia militia Hezbollah, is also home to intense money-laundering activity. As an example, in 2018 Argentinian authorities have accused a Hezbollah financier of laundering no less than $10 million at a local casino. Furthermore, even the International Monetary Fund has pointed out that the large-scale money-laundering activity occurring in this region could negatively impact the functioning of legitimate capital flows around the world 26. The UNODC’s Law Enforcement, Organized Crime and Anti-Money-Laundering Unit has been created in order to assist States in the fight against Money-Laundering and prevent criminal organizations to disguise the illegal origin of their wealth. 23 Lenin, J. (2014). New report: illegal logging keeps militias and terrorist groups in business. [online] Mongabay Environmental News. Available at: https://news.mongabay.com/2014/06/new-report-illegal-logging-keeps- militias-and-terrorist-groups-in-business/ [Accessed 24 Mar. 2019]. 24 Interpol.int. (2015). INTERPOL operations target illegal timber trade in Africa and the Americas. [online] Available at: https://www.interpol.int/en/News-and-Events/News/2015/INTERPOL-operations-target-illegal- timber-trade-in-Africa-and-the-Americas [Accessed 24 Mar. 2019]. 25 Gato, P. and Windrem, R. (2007). Hezbollah builds a Western base. [online] msnbc.com. Available at: http://www.nbcnews.com/id/17874369/ns/world_news-americas/t/hezbollah-builds-western- base/#.XKMZtZgzY2w [Accessed 2 Apr. 2019]. 26 Counter Extremism Project. (2018). Terrorists and Criminals Reap More Than $43 Billion a Year from Tri- Border Area. [online] Available at: https://www.counterextremism.com/press/terrorists-and-criminals-reap- more-43-billion-year-tri-border-area [Accessed 2 Apr. 2019].
Figure 2: A typical money laundering scheme 27 Corruption Corruption is another vital tool that allows armed militias to continue to receive their funding from illegal sources. In fact, the corruption of government officials and local authorities is not only an effective tool for militias to receive their funding, but it can also be the reason why some locals lose faith in public authorities and turn to militias for protection. The arrestation in 2012 of the then-new commander of Mexican police for having received almost $100,000 in bribes from drug traffickers (along with ten other officers) gives an overview of the magnitude of this issue, although it might only be the tip of the iceberg. In Brazil, the involvement of military police in the killing of councilwoman Marielle Franco – who regularly spoke against corruption - in 2018 also shed light on the tight links between armed militias and some public security agents and deputies, which ensure them greater knowledge if the functioning of the State and makes it even more difficult to dismantle their groups 28. Previous international action In order to tackle a prominent and multifaceted issue such as the financing of armed militias, several legal instruments, resulting from previous international action, are relevant to be considered in tackling this problem. The three main international treaties on drug control have been created between 1960 and 1990. In fact, the Single Convention on Narcotic Drugs dates back to 1961 , the Convention on 27 Fuzzy Logix (2017). A typical money laundering scheme. [image] Available at: http://www.fuzzylogix.com/wp-content/uploads/AML-infographic-2.jpg [Accessed 11 Apr. 2019]. 28 Corrêa, T. (2018). Corruption in Brazil’s Security System | IACC Series. [online] IACC Series. Available at: https://iaccseries.org/blog/corruption-in-brazils-security-system/ [Accessed 2 Apr. 2019].
Psychotropic Substances has been firstly signed in 1971, and finally the 1998 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The latter was not only the first international convention to criminalise money-laundering but also the first UN convention to tackle this issue at all. This breakthrough was followed by the establishment in 1997 of the Law Enforcement, Organized Crime and Anti-Money-Laundering Unit of UNODC, with the mandate to help the member states to address these pressing issues. The next year, in June 1998, the Action Plan against Money Laundering was adopted at the twentieth special session of the United Nations General Assembly. In November 2000, The United Nations Convention against Transnational Organized Crime was adopted by the General Assembly, representing an important step forward in the fight against transnational organized crime and recognizing the need to for close international cooperation in order to tackle this problem. In 2003, the United Nations Convention against Corruption is adopted. To this day, this convention remains the only legally binding universal anti-corruption legal instrument. Another specificity of this convention is the wide range of forms of corruption that it covers, from bribery to abuse of functions. Regarding the problem of drug trafficking, the latest important milestone to address this issue is the Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to counter the World Drug Problem adopted in 2009. Apart from calling for international cooperation, this document also sets specific goals to reduce the supply and the demand for illicit drugs. Finally, the FATF Recommendations, adopted in 2012 and updated regularly since, represent a set of measures for states to implement in order to counter money laundering and terrorist financing. Possible Solutions ● Reinforcing the efficiency anti-corruption laws In order for laws and international conventions to be effective, their enforcement should be controlled at any time, for any institution, with absolutely no exception to the rule and no possible impunity for the perpetrators of such crimes. As for the measures that are said to be more “positive”, creating transparency in government spending could be a great start for several Latin American countries. Therefore, whether it be corruption of high-level officials in exchange of key information to avoid capture, or tight links with some local politicians in exchange of the spread of electoral propaganda in a given territory 29, effective anti-bribery legislation and more efficient law enforcement are desperately needed in order to counteract 29 Phillips, D. (2018). 'Lesser evil': how Brazil's militias wield terror to seize power from gangs. [online] the Guardian. Available at: https://www.theguardian.com/world/2018/jul/12/brazil-militia-paramilitary-wield- terror-seize-power-from-drug-gangs [Accessed 9 Feb. 2019].
armed militias’ financing sources. Similarly, putting pressure on financial institutions through new legal measures and urging them into cooperation would be an important help factor for dealing with the financing of armed militias.Finally, raising the wage of civil servants to eradicate corruption is also a possibility to be considered, as this method has proven itself in several North-European countries in the past. ● Mobilizing the public opinion As for many issues, the importance and the weight of the public opinion should not be neglected. In fact, if the public is educated on the issue (through awareness campaigns for example), it can exercise pressure on some actors responsible for the financing of armed militias (such as financing institutions, government officials, etc.) and impede the smooth functioning of armed militias’ financing systems. ● Curb the partnerships between drug trade networks and militias To counter the financing of Latin American paramilitary groups, the committee will have to focus on strategies to dismantle illicit drug trade networks in the region and annihilate their partnership with the militias.To combat global drug trafficking, and therefore weaken the armed militias’ sources of financing, international cooperation is key. Thus, measures that facilitate rapid information sharing and efforts to improve the harmonisation of penalties for drug trafficking in different countries will be more than welcome in this committee. Similarly, bilateral cooperation between states where the drugs are produced and those where it is imported is another key aspect that could greatly facilitate the work of UNODC. ● Wildlife protection measure Due to Latin American armed militias’ tendency to commit environmental crimes – mainly forest crime – in order to increase their funds, working on measures to prevent the illicit trade of wild fauna and flora. More specifically, logging and the illicit trade of wood directly contribute to finance armed groups, it is therefore of utmost importance for the committee to address this issue and to explore different solutions to counter it, building on the work of agencies such as INTERPOL when required. Measures could also range from awareness raising campaigns to rather technical assistance measures, including the enhancement of national law enforcement, with a particular focus on customs and border control. Once again, international cooperation is required in order to implement innovative and to some extent creative measures with the common goal of combating the financing of armed militias while also protecting the environment. Committee mission The mission of this committee is to restrain the financing of armed militias in order to prevent them from developing and from carrying out illicit activities, often specific to organized crime. To fulfil this purpose, the delegates of UNODC can explore several aspects of the committee’s
mandate and use them to fulfil the mission they have been assigned. Firstly, the UNODC’s mission for this topic will be to provide legal assistance to member states in order to end such scourges as corruption or money-laundering. In fact, recommending the implementation of specific laws or measures on financial or governmental institutions would be a great start to fulfil this mission. Secondly, the UNODC has the power to measure trends and issue reports, which would be helpful in order to identify the militias’ different sources of funding and therefore find more effective ways to stop the financing activities. Finally, another important mission is prevention. Indeed, by raising awareness about armed militias and disclosing their actual purposes and activities, the armed groups might loose some of their support in Latin American countries like Brazil, where they rise to power partly thanks to tremendous support from the local population. Research and preparation questions While conducting their research, the delegates are strongly advised to take into consideration the following questions: ● Is their country the starting, the finishing, or the intermediary point of illicit flows through which Latin American armed militias are financed? ● How is money-laundering tackled in their country and what measures could be implemented to make it impossible for criminal organizations to launder their funds? ● What measures could be implemented in order to eradicate corruption of police forces and high-level officials? ● What is the best way to raise awareness on the issue in order for public opinion to put pressure on financial institutions and governmental bodies? ● What are the agencies the UNODC could work with in order to make sure the measures already in place are well-enforced? ● Should Latin American governments systemically condemn the activity of all armed militias (even those who commit to protect civilians against drug cartels)? ● What other illegal activities are performed by Latin American armed militias and how to curb them?
Topic B: Criminalizing Ivory Poaching and Trafficking History of the topic Yury Fedotov, Executive Director of the United Nations Office on Drugs and Crime said:“Wildlife and forest crime demands a global solution that offers international cooperation founded on joint operations, intelligence sharing and strong and compatible national legislations. We can do nothing less. This is our shared planet; wildlife and forest crime is our shared responsibility.” 30 Alongside other very well known crimes, such as drug trafficking, wildlife and forest crime has become one of the largest transnational organized criminal activities. Ivory from elephant tusks has been classed among the most precious and desirable things. Proving this was the Roman Empire, which decimated elephant populations in northern Africa to satisfy their craving for ivory. Since it is considered to be very costly, it explains why it has long been a valuable prize, which it still is the case today. Species like elephants, walruses, narwhals and hippopotamuses have ivory tusks, but elephants are the most widely known source of ivory and have been the victim of poachers in Africa, as well as Asia, where they can be found. In 1800, around 26 millions elephants are estimated to have roamed Africa. 31 In the early 1900s, shooting an elephant on safari was considered as a popular activity among wealthy westerners. By 1913, the United States was consuming 200 tones of ivory per year and the number of elephants in Africa had dropped down to around 10 million 32. Between the 1970s and 1980s, the demand for ivory skyrocketed as in 1989, only 600,000 elephants were left. It then became clear that the international trade for ivory needed to be regulated, while African elephant was also getting recognized as one of many endangered species. 30 Yury Fedotov at the "Wildlife and Forest Crime - A transnational Organized Crime" 22 nd CCPCJ, April 2013, https://www.unodc.org/unodc/en/wildlife-and-forest-crime/index.html 31 History of elephants, https://disappearingelephants.com/overview/ 32 Key milestone in elephant conservation, http://www.greatelephantcensus.com/background-on- conservation
UNODC provides all the support needed to regional and sub-regional initiatives against wildlife and forest crime. In cooperation with other relevant United Nations divisions and field offices, it provides “capacity building support to source, transit, and destination countries of wildlife and forest trafficking, including specialized training and support to rangers, police, customs, prosecutors, investigators, and judiciary capacity building in intelligence gathering, and strengthening of inter-agency and cross-border cooperation.” 33 Ivory supply and trade Although the exact number of elephants left is very uncertain, elephants range over 37 African countries, and in mainly three countries where it is estimated that over 60% of the known and probable populations reside: Botswana, Zimbabwe and the United Republic of Tanzania. One- third appear to reside in northern Botswana alone. With the growing market restrictions, the value of ivory has increased. Stockpiles of tusks can be found in source, transit, and destination countries, some held by governments and some in private hands. Government stockpiles increased due to a number of factors, including pre- convention purchases, natural elephant mortality, elephant population management, and seizures of contraband. If the natural mortality rate reached about 3% 34, then up to 150 tons of ivory could accumulate in these stocks annually. These stocks could be a significant source of illicit trade. Information regarding the trade route of individual shipments that have been seized can vary considerably. Countries in which the seizure was made can sometime be known. In some other cases, the route starting from where the shipment was put together to its final destination is provided, thus implicating several countries. However, the absence of a specific trade route does not necessarily mean that there were no large-scale ivory movements along such a route, but rather that such trade was not identified by law enforcement agencies, or that a part of the trade route was not recorded in the data at hand. The appearance of new traffic lanes 33 UNODC Wildlife and forest crime’s work, https://www.unodc.org/unodc/en/wildlife-and-forest- crime/our-work.html 34 ‘“Illegal killing for ivory drives global decline in African elephants”, PNAS, vol. 111, No. 36 (2014): http://www.pnas.org/content/ suppl/2014/08/14/1403984111.DCSupplemental/pnas.201403984SI.pdf#named- dest=STXT
may be because law enforcement agencies have improved their ability to detect seizures along these well-known routes. Figure 1: Main flows of raw ivory seizures (kilogram), 2007 to 2014: 35 Africa In the earlier part of the decade, main activities emanated from Atlantic Ocean seaports in Central and West Africa, particularly Douala, Cameroon, Lagos, Nigeria and Accra, Ghana, and from the Democratic Republic of the Congo to Belgium but by air. Movements of ivory within Africa involved a number of countries and trafficking between Sudan and Egypt, where there was a major unregulated ivory market, was also noticed. On Africa’s east coast, Tanzania, Kenya and Mozambique also emerged in this period as exporters of ivory from the African continent. South Africa, however, is the most prominent country owing to one exceptional 7.1 tonne movement of ivory from Malawi, through the port of Durban, to Singapore. This country very often ships to Japan, which additionally seized ivory transiting from South Korea. Asia 35 UNODC, World Wildlife Crime Report, 2016, p. 41.
In the following years, a shift to Indian Ocean ports of Dar es Salaam and Zanzibar in Tanzania, was noticed, with most of the Tanzanian trade initially directed to Malaysia as the principal transit country, but some shipments also go to the Philippines, whilst other deliveries are sent directly to China. Malaysia, Viet Nam, Cambodia and the United Arab Emirates, were also considered as transiting countries. For the most part, shipments from West and Central Africa have greatly diminished, but East and Southern Africa countries are active in the trade through a variety of internal ivory movements. Figure 2: Trade routes for large-scale (>500kg) seizures of ivory, 2012 - 2013 36 Ivory poaching Three key factors were identified by MIKE 37 analyses, as being most strongly associated with poaching: poverty, weak governance in elephant range states and demand for illegal ivory in consuming nations. Poverty and unemployment are often considered as being the cause of 36 Status of African elephant populations and levels of illegal killing and the illegal trade in ivory: A report to the African Elephant Summit December 2013 (p.18) 37 The CITES Monitoring the Illegal Killing of Elephants (MIKE) Programme is a site-based system designed to monitor trends in the illegal killing of elephants, build management capacity and provide information to help range States make appropriate management and enforcement decisions.
unmanageable poaching. It is believed that the political, social and financial instability of some African countries make it difficult to establish plans to regulate or eradicate the ivory trade. In fact, economic troubles can be the cause of a vast number of poverty-stricken families, who desperately attempt to get money to survive, and thus participate in the illegal trade of ivory. To these populations, selling ivory is just a way to survive. However, the links between poverty, poaching and trafficking are still poorly understood. Yet, the assumption that poaching occurs because of poverty is very present, still there are little evidence to approve this claim. Other groups involved Good poaching data are available for elephants, which is one of the few species for which it is accessible. But these data points out the difficulties of tracking the illegal harvesting of wild species. People conducting poaching aren’t always poor inhabitants trying to survive. Poachers range from opportunists to dedicated elephant hunters. It was observed security forces of some countries could sometimes have a role in poaching activities 38. Other incidents were reported where rangers, charged with protecting wildlife populations, were found to be active in poaching. The relationship between ivory poaching and insurgent groups is far less clear. Rebels commonly provide for themselves by extracting resources in the areas that they control, most of these groups active today happen to be in elephant-poor areas, emptied, in part, due to years of conflict. Although it is a common thought that these groups are often linked to this issue, it is unlikely that armed groups largely threaten great numbers of elephants. Endangered species Two species of elephants exist: the African elephants, which are found across Sub-Sahara Africa, and the Asian elephant, which is found in 13 Asian countries. Both species have significantly decreased in numbers since the early 20th century, essentially because of poaching and the decline, as well as degradation, of their habitat. 38 2014 Final report of the Group of Experts on the Democratic Republic of the Congo to the Security Council, S/2014/42.
The Asian elephant, also known as the Indian elephant, is listed as endangered. In 2008, the International Union of the Conservation of Nature (IUCN), reported that its population size had decreased by 50 per cent over the past 25 years.8 years later, CITES stated that there were between 30,000 to 50,000 Asian elephants, with at least 25 per cent of this population living in captivity. 39 The Asian elephant has become extinct in West Asia, Java, and a large proportion of China. Populations remain in Bangladesh, Bhutan, India, Nepal, Sri Lanka, Cambodia, China, Indonesia (Kalimantan and Sumatra), Laos, Malaysia, Myanmar, Thailand and Viet Nam. And unlike African elephants, which are hunted primarily for their ivory, Asian elephants are mostly hunted for their meat and leather. The number of elephants across Africa have rapidly declined over the past century. African elephants were once estimated to be five million. 40 The Great Elephant Census (the Census) 41 estimated that in 2016 there were 352 271 elephants living in 18 countries in Africa. It also found that African elephants had declined by 30 per cent between 2007 and 2014 (approximately 144 000 elephants), with an estimated decline of eight per cent each year, mainly due to poaching. Studies show that if we do not address poaching adequately, it is very likely that in some countries, in Africa, elephant populations will disappear. As an example, Tanzania had one the second-largest elephant population, which dropped from 100,000 to 40,000 in only five years. 39 CITES, Illegal Trade in Live Asian Elephants: A review of current legislative, regulatory, enforcement, and other measures across range States, CoP17, Doc.57, 2016, p. [9]. 40 Born Free Foundation, Submission 62, p. [1] 41 The Great Elephant Census Fact Sheet, https://static1.squarespace.com/static/5304f39be4b0c1e749b456be/t/57c71ec12994ca8ea022a9 52/1472667344389/GEC+Results+Summary+Fact+Sheet+FINAL_8+26+2016.pdf
Figure 3: Elephant population trends across Africa over the past ten years based on Great Elephant Census data and comparable previous survey 42 Previous international actions The world has made some considerable efforts to put an end to ivory trade, especially these recent years. But demand for ivory hasn’t gone down. The well-known and important 1989 CITES ban on ivory trade has helped to slow down the decline in the population of African elephants. But elephant poaching has also increased incredibly, leading to many questions on whether an international trade ban is the best way to combat ivory trade. • In 1975, CITES banned the international commercial trade in Asian elephant ivory. The Asian elephant was listed on CITES Appendix I. • In 1989, ivory trade was banned by the Convention for International Trade in Endangered Species (CITES 43), an international agreement between 181 governments to ensure that trade of wild animals and plants do not threaten their survival. Countries votes to place African elephants, the dominant source of ivory today, under Appendix 1, which provides the highest 42 http://www.greatelephantcensus.com/final-report 43 https://www.cites.org/eng/disc/text.php
level of protection for a species by prohibiting international commercial trade of live specimens or its parts • In 1997, CITES transferred the African elephant populations of Botswana, Namibia and Zimbabwe to CITES Appendix II. It also didn’t allow regular international incopy trade for commercial purposes. However, CITES still agreed to allow a “one-time, experimental” export of 49 metric tons of government-stockpiled ivory from Botswana, Namibia, and Zimbabwe to Japan. • In 2002, CITES approved a second export of 60 metric tons of government-stockpiled African elephant ivory from South Africa, Botswana, and Namibia to unnamed “trading partners” to be approved by CITES. This export did not take place until 2008. • In 2008, CITES increased the amount of government-stockpiled ivory that could be exported to 108 metric tons, included Zimbabwe among the African countries that could take part in the export, approved Japan and China to receive this ivory, and agreed not to approve additional ivory trade for nine-years (2018). • In January 2014, the European Parliament passed a resolution 44, which condemned the illegal poaching of elephants and called for a moratorium on all ivory sales by its members, thus sending a strong message to the 28 Member States and to the EU Commission to take wildlife crime seriously. • In 2015, the UN adopts a resolution45 against wildlife trafficking. • In 2018 China, the world's largest ivory market, banned ivory trade Possible solutions Dispute over ivory trade implicates different national interests. Each country has its own stance on the question, and some aren’t completely against the trade of ivory. Establishing a regulated trade with ivory supplied from elephants that died from natural death could satisfy demand. The same way that a more restricting international ban might be a way to secure elephant 44 https://www.natureworldnews.com/articles/5656/20140115/european-parliament-resolves-tough- wildlife-crime-video.htm 45 https://news.un.org/en/story/2015/07/505452-amid-steady-rise-rhino-poaching-and-elephant- killings-un-urges-action-tackle#.Vd4anbxVhRQ
conservation. Trade bans are often perceived as detrimental, serving to drive up prices by restricting supply and therefore increasing poaching. However, not everyone agrees on that, some think that supply and demand could change in response to legislation and decrease poaching rates. Taking into account local communities that might be involved in poaching or illegal trades is also important. Wildlife poaching is especially connected to development and culture. These two facts must be weighed in wildlife crime prevention strategies. A support could be given to those involved for community development, education and raising awareness of the value of this wildlife to these communities. Or even establishing anti-poaching programs, as a lack of education, as well as resources, can lead poor people living near these wildlife sanctuaries to participate in poaching. Some countries have destroyed their ivory stockpiles, completely or partially. According to the CITES regulations: ivory that has been confiscated cannot be traded anymore. But it is something that they do deliberately, no international law or resolution oblige them to do so. Committee mission Wildlife and forest crime being usually transnational make it relevant for the UNODC to intervene on issues that are related, such as ivory trafficking and poaching. It is particularly pertinent to the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). The UNODC plays a significant role in « strengthening the capacity of governments to investigate, prosecute and adjudicate crimes against protected species of wild flora and fauna, complementing other international legal frameworks that are relevant for the protection of the environment 46 ». The UN Office on Drugs and Crime is the lead department working on issues related to wildlife and forest crime. UNODC and 4 other international bodies, in 2010, formed an International Consortium on Combating Wildlife Crime to bring together the expertise of each agency to support countries combating these crimes. The other organizations are: • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Secretariat (CITES Secretariat is administered by the UN Environment Programme (UNEP)) • International Criminal Police Organization (INTERPOL) • World Bank • World Customs Organization (WCO) 46 UNODC legal mandates https://www.unodc.org/unodc/en/wildlife-and-forest-crime/mandates.html
Research and preparation questions • Is your country concerned and involved in the issue of ivory poaching and/or trafficking? What role does it play in the illegal trade of ivory? • Does your country possess an ivory stockpile? • What is your country’s stand on legalizing ivory trade? • What new measures could be implemented in order to efficiently punish the illegal trade of ivory? • How could the UNODC be more involved in supporting countries affected by these crimes? To what extent and how could countries cooperate with each other to stop the illegal trade of ivory? • How could it be possible to track every trade route used by traffickers? • How could the international ban on ivory be more effective in condemning those involved in the illegal trade and thus preserving the endangered species affected by it?
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