IMO International Maritime Organization topics: Piracy in West Africa Territorial Disputes in the South China Sea Chaired by the Honorable Gianna Francisco, Noelle Dahl, Danielle Rommerdahl, and Christian Tait S i n c e HBHS April 25th, 2015 1 9 7 8 Novice hbhsmun.webs.com Huntington Beach High School Model United Nations IMO April 25th, 2015 Welcome to the International Maritime Oranization! Hi everyone! My name is Gianna Francisco and I will be one of your co-chairs for the upcoming Novice 37 conference this year. I am a sophomore at Huntington Beach High School, and this is my second year in the Model United Nations Program. Outside of MUN, I am in the performing arts program at Huntington High. I am involved in the technical theater department which helps to build and paint the sets for upcoming performances in our auditorium. I can‟t wait to hear all of the interesting solutions that will be debated throughout committee! Hey guys, my name is Noelle Dahl and I have the privilege of being one of your cochairs for the upcoming Novice conference! Being in MUN for two years now, I well understand the stress of a conference, but will do anything in my power to help make this smooth-running and tension-free. I am a part of the Performing Arts Program here at Huntington High and have been playing the cello since I was about eight years old. I also have a passion for reading and writing. Without further adieu, I am absolutely thrilled to see you guys and wish you the best of luck! Hello delegates! My name is Danielle Rommerdahl and I am one of your co-chairs for the Huntington Beach High School Novice 37 conference this year. I am a sophomore currently and this is my second year in the Model United Nations program. Outside of MUN, I am on the track and field team where I compete in 100M hurdles, 300M hurdles, and high jump. I also participate in multiple clubs on campus such as Pre-Med club and Down Syndrome Awareness club. Additionally, I play club soccer outside of school. As a chair, I am looking forward to hearing your creative ideas and I can‟t wait to see you all at this year‟s HBHS Novice conference! Hey delegates! My name is Christian Tait and I am going to be one of your co-chairs for this year's Novice Conference. I have been a part of Huntington Beach High School's MUN program for four years now and unfortunately this will be my last conference, so I'm looking forward to a good debate! To tell you a little more about myself, I am the captain of our Boys‟ Varsity Soccer team here at Huntington and enjoy playing club soccer with my team that travels around the country. Besides soccer I enjoy spending time with my friends and family, traveling, and keeping updated on global news. I am looking forward to meeting you all in committee and am anxious to hear some innovative solutions! Position Papers must be submitted to your Dais’s central email no later than 11:59 PM on April 19th, 2015 to be considered for a Research Award. Research Awards will be presented during committee; please be sure to follow the HBHSMUN Position Paper format available on our website. Your Dais’s central email is: [email protected] 2 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April 25th, 2015 I. Piracy in West Africa Topic Background piracy throughout Africa in general are committed in Nigerian waters. iii Being the eighth largest exporter of fuel, Nigeria lacks the refined fuels due to the large corporations depriving it from the initial country. iv Nevertheless, Nigerians retrieve this fuel by forcefully taking it from cargo ships infiltrating the oceans of West Africa. The definition of the thievery of oil from cargo is referred to as „bunkering‟ which is the most prevalent crime throughout this region. v Using this method for finance is common by politicians and leaders of countries. As it benefits politicians, the majority of Nigerians suffer and resort to piracy for fortune and wealth.vi This is why the increase of piracy throughout West Africa was and is so drastic. As corporations and cargo ships crowd these waters and the surrounding countries, piracy becomes more and more prevalent in this region. From the shores of Guinea to the tip of Angola, piracy congests the waters of West Africa. In the recent years, the Somalian coast has held the majority of piracy throughout the African continent. However due to the recent and violent hostage takings of the Somali pirates, it has decreased within East Africa‟s shores and has increased in West Africa. Two years have passed since Somalia has even boarded a ship. i Fortunately, nearly all pirates in West Africa find it more efficient to steal money or to pillage the ship‟s cargo rather than taking the crew hostage. Cargo comes from around the world, holding bins of fuel packed in ports. Stealing cargo is impractical with only a few pirates, which is why they force the ship to anchor for a short amount of time while others come and place cargo on smaller boats, taken away to shore. Occasionally, these pirates will abduct crews and ransom them for cash, though this is extremely rare. This is simple for pirates, noting that many of them are armed with machine guns and weaponry while ships are not. Piracy groups within West Africa‟s waters thrive, though the Oceans Beyond Piracy Group are known to be the most violent and are one of the most successful piracy groups in West Africa alone.iiThe Oceans Beyond Piracy Group is believed to be responsible for over twothirds of attacks in West African waters. Threats and attacks of this group have increased within the past two years due to the insufficient, and weak security of the Gulf of Guinea. This allows foreign fishing ships to pass by, unaware how heavily armed they are. Often when attacked, ships do not report it, which makes controlling this issue much more difficult. Many pirates come from Nigeria. as most attacks of United Nations Involvement According to the International Maritime Bureau (IMB), the West African piracy attacks make up nearly 19% of the world‟s piracy, which is a steady increase from 2012 with 10% of the world‟s piracy.vii This rise in violence has significantly raised the public eye and strengthened involvement from the United Nations. In 1982, the UN Convention on the Law of the Sea was created. The West African countries approved of the demonstrated idea that countries have the right to explore their designated boundaries. Unfortunately, even with the set boundaries piracy still continues. Africa‟s economy greatly depends on the 90% of imports and exports conducted by sea. The main oil producer and exporting country in Africa is Nigeria, which has sparked conflict from neighboring 3 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April 25th, 2015 Case Study: Piracy in the Gulf of Guinea countries seeking a share of wealth. Attacks on oil exports have decreased the ability to transport oil—as much as 500,000 barrels a day—out of ports in Nigeria. The Gulf of New Guinea has also become a large economic and social concern for West Africa. In 2012, the numbers of attacks on the ports hit an all-time high of 64 incidents, which greatly surpassed the 23 incidents back in 2005. viii Concerned about the current state of piracy, the United States has contributed $35 billion dollars to Central and West Africa to supply for proper equipment, boats, and training for the security of the ports. ix In addition to the United States involvement on the issue in West Africa, the United Nations has also made numerous efforts. Established in 1981, The International Maritime Bureau (IMB), which is a specialized sector of the International Chamber of Commerce, was implemented. It aims to detect criminal trends and to eliminate factors that may hinder trade capabilities. In 1992, the IMB created the Piracy Reporting Center. This allows for accurate around the clock monitoring of trade hotspots. Once an attack is detected, the IMB communicates with local authorities to handle the occurring issue at hand.x In 2011, The United Nations Security Council wrote resolution 2018. The resolution specifically urges the Gulf of Guinea to create a strategy to punish criminals involved in piracy or robbery. In February of 2012, the Security Council created resolution 2039; similarly, it calls for new criminalization processes, but encourages countries to come together for a collaborative approach on the elimination of pirates along the Gulf of Guinea. It states that a uniform punishment will be a more accurate way to eliminate piracy in West Africa.xi Often when people think of piracy in Africa, they immediately presume that it is off the coast of Somalia and in Eastern Africa. But due to the increase in international naval efforts such as the IMO, there have only been two successful hijackings since 2012. xii Unfortunately piracy hasn't been fully eradicated and has actually swung across the continent to Western Africa. One place in particular where piracy has seen to be arising is the Gulf of Guinea, where oil has been the pirates‟ treasure of interest.xiii In just 2014 alone, there has been a minimum of 12 attacks that have resulted in multiple hijackings, kidnappings, and the loss of millions of dollars‟ worth of oil.xiv In January of 2014, a 75,000 ton Greek cargo ship named the MT Kerala was hijacked off of the coast of Angola by a group of wellorganized and experienced pirates. The group of 10 armed pirates was capable of disabling the ships communication systems, painting over the ships identification marks, and stealing 13,000 tons of oil. With hijackings as successful as this one, more and more gangs have been turning towards piracy as a sort of revenue. In 2013 alone, there were 60 reported pirate attacks in the Gulf of Guinea, which seems to be only a fraction of the true amount because half of the attacks go unreported. The Gulf of Guinea had been characterized as the most sophisticated, violent, and dangerous area for piracy in the world and it seems to be growing continuously worse. This piracy has affected not only the workers on these ships, but the international community as a whole. Piracy in the Gulf of Guinea has 4 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April made the most effective form of trading a safety risk, has made it increasingly difficult for African countries to stabilize, and has threatened many nations abilities to secure many forms of energy at sea. Oil has become one of the most valuable products in the West African black market, which is the reason for such a high rate of organized crime in the Gulf of Guinea. Countries such as Nigeria rely heavily on oil as it makes up more than half of their annual GDP, and with such heavy piracy Nigeria is struggling to stabilize their country due to a lack of resources and income. With the constant kidnappings of oil company employees and the hijackings of oil ships, countries such as Togo, Benin, and Nigeria are struggling to maintain their largest form of national income, putting millions of civilians at risk.xv 25th, 2015 In efforts to reduce the piracy epidemic in the Gulf of Guinea the United Nations Convention on the Law of the Sea (UNCLOS) has imposed a two-part related plan that focuses on countries dealing with piracy as a crime that is handled and enforced on a national level and the sharing of information and patrols between countries along the Gulf of Guinea. Besides this, the UN has failed to internationally recognize the piracy issue in Guinea as they did with the one in Somalia. International action is a key to battling piracy, but as of right now no other countries are authorized to stop these pirates besides the Western African nations, which is why piracy in Western Africa has been so challenging to eradicate. II. Territorial Disputes in the South China Sea Topic Background and Paracel Islands have been in their ownership since the 17th Century. xviii Also, the Philippines have claimed to own the islands, exclaiming that they are closer to its own territory. The Scarborough Shoal, only a hundred miles off the coast of the Philippines and five hundred miles off the coast of China, is claimed by both nations, creating extreme territorial disputes xix . Furthermore, two nations also claiming this territory are Malaysia and Brunei. Malaysia believes it has ownership of the island of Spratly due to the location of the island and itself. xx Therefore, Brunei has claimed Spratly for the same reasons Malaysia has: location of the island and the location of its own nation being so close to that of the island. Regarding the islands of Spratly and Paracel, both islands come vast with the possibility of resources such as oil. In addition, the South China Sea has a The South China Sea naturally provides billions of dollars‟ worth of crude oil and natural gases, mostly coming from the Spratly and Paracel Islands. Surrounding the Paracel and Spratly Islands is the “ninedash line,” which extends out one hundred miles south-east of Hainan. xvi The “ninedash line” is the majority of the territory which China has declared as their land. China claims to own this region with the explanation of dating back two thousand years, when China said these islands were ultimately regarded as their territory. In the year of 1947, a map was crafted to show all of China‟s territory which included the Spratly and Paracel Islands. xvii Despite the map, Vietnam professes these islands were never China‟s to claim in the beginning. The country of Vietnam declared that the Spratly 5 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April limitless amount of fish which provides superb fishing grounds to surrounding countries. In 1974, the Battle of the Paracel Islands between Vietnam and China took place, killing over 70 Vietnamese troopsxxi. Recently, the countries of Malaysia, Vietnam, the Philippines, and Brunei all believe the “nine-dash line” is their territory, while China has already claimed it without doubt. China, by far, is more powerful than these countries, which causes many riots and protests. Often in Vietnam, riots take place through the streets. However, in 2012 China purposely raided and stopped two protestsxxii. Each country wants the territory of the Paracel and Spratly Islands. It is rumored that China has offered suspicious arrangements to these territories, though all countries have resisted. Malaysia, Vietnam, Brunei, and the Philippines strive for international justice, not back-door deals. Protests persist followed by much conflict throughout the South China Seas. With recent territorial claims of these islands by China, problems continue to stir, causing conflicts in economic trade within these countries. 25th, 2015 effort by the United Nations to strengthen territory boundaries of the seas of nations worldwide to prevent conflict. Unfortunately, it also failed to establish territory.xxiii After a second United Nations Convention on the Law of the Sea in 1960 also proving to have been ineffective, a third United Nations Convention on the Law of the Sea was conducted, which is also known as the United Nations Law of the Sea. This law was first opened for signature in 1982 and includes a concrete set of laws pertaining to ocean territory around the world. The main focus point is on the importance of unity between countries.xxiv Overseeing the law is the The Division for Ocean Affairs and the Law of the Sea. The division ensures comprehension and avoids possible discrepancies that limit conflicts caused by maritime territory conflicts between countries.xxv In 2002, the Declaration on the Conduct of Parties in the South China Seas was created by the Association of the Southeast Asian Nations (ASEAN). The declaration is between China and all members of ASEAN encouraging countries engaging in the current territorial dispute to remain peaceful in effort to solve their conflicting claims. Without significant progress toward additional conduct agreements since the 2002 declaration, the United States has become impatient by China‟s lack of action in creating a code of conduct. During a 2012 meeting held by ASEAN members in Cambodia, the United States supposedly confronted China on their lack of initiative in the issue. China condemned the United States for their attempt to interfere with the issue and claimed, “Only Asians should lead the process to resolve regional issues.” China refuses to reach any kind of peace agreements until the United States retracts their involvement.xxvi United Nations Involvement The United Nations has made a large effort in attempt to limit aggression by laying down a foundation of territorial laws concerning the borders of a nation‟s ocean borders. In 1930, the Codification of International Law was created in order to establish territory restrictions. Nothing was decided because of conflict and disagreements between countries on the territorial laws that were going to be set in place. Because of the unsuccessful Codification of International Law in 1930, the General Assembly called for resolution 1105. This resolution established the first United Nations Convention on the Law of the Sea that was held in 1958 to pick up where the Codification of International Law of 1930 left off. This meeting was another 6 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April Case Study: China and Vietnam over the Spratly Islands 25th, 2015 claim to the territory because it falls within their economic exclusion zones, as defined by UNCLOS. Countries attempt to enforce their territorial claims by using military forces such as airstrips and armed forces, contributing to the conflicts. Recently, China and Vietnam have been in the most conflict. For example, in May of 2011, Chinese patrol boats attacked 2 Vietnamese ships that were on their way to the Spratly Islands for oil exploration. Also, in the same month, Vietnamese fishing vessels were shot by Chinese naval vessels near the islands. These incidents sparked mass protests in Vietnam and gained massive amounts of publicity. However, as of today, casualties have been low and military confrontation has been relatively limited. Yet, failure to peacefully resolve the territorial disputes soon leaves the area in a fragile state. Although the resolution of the conflicts of the Spratly islands will have many advantages, it will also have many disadvantages such as impacting how future security and economic arrangements will develop in South Asia. Over the years, China has attempted to resolve the conflict by offering bilateral agreements to be negotiated in secrecy. However, other nations want more international mediation to occur. These recent attempts have left the bloc divided. Tension continues between China, Malaysia, Vietnam, Brunei, the Philippines, and Taiwan as the Spratly Islands continue to be a source of aggression and violence among the feuding nations. Since 1992, rival countries have disputed over the territory of the Spratly Islands- two island chains located in the South China Seas.xxvii The Spratly Islands are constantly disputed over because of the possibility of a large amount of natural resources such as oil, natural gas, and seafood, which is estimated to be worth 17.7 billion dollars.xxviii The islands consist of about 200 islets, seamounts, and coral reefs. However, the land is not arable, has no pastures, meadows, or fields, and does not support crops for long periods of time.xxix The sea is also a major trading and shipping route and is home to large fishing grounds that supply many people of the region. Conflicts have recently arisen because of China‟s increasing aggression to meet its growing energy demands. Approximately 44 of the 51 islands are claimed by China, Brunei, Vietnam, the Philippines, Taiwan, and Malaysia. The dispute is the result of overlapping claims on the islands by these nations. China claims that it has a right to the area due to 2,000 years of history where the islands were included as integral parts of China. In addition, Vietnam claims that they have documents to prove their rule over the islands since the seventeenth century and the Philippines declare that they control the islands due to their geographical proximity. Furthermore, Malaysia and Brunei believe that they have 7 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April 25th, 2015 Questions to Consider Piracy in West Africa 1. Does your nation have any contact with the piracy groups in West Africa? 2. Has your country ever had problems with piracy in the past? 3. What methods can be used to ensure the economic stability of the nations affected after eradicating the piracy? 4. What can be done to gain international support to help eradicate piracy in West Africa? 5. How can maritime security and safety be ensured for vessels in these waters? 6. What solutions can improve corruption to decrease piracy within these nations? Territorial Disputes in the South China Sea: 1. Has your nation been directly involved or impacted in the dispute? 2. What can be done as an incentive in order to convince China to create a code of conduct? 3. Who does your nation believe has the right to the South China Seas? 4. What successful measures has your nation taken in the past to solve conflicts that could be applied to the South China Seas disputes? 5. What is the main cause of maritime border disputes around the world? i "The Ungoverned Seas." The Economist. The Economist Newspaper, 29 Nov. 2014. Web. 16 Mar. 2015. <http://www.economist.com/news/middle-east-and-africa/21635049-waters-aroundsomalia-are-calmer-piracy-west-africa-rising>. ii "Danger Zone: Chasing West Africa's Pirates." BBC News. Web. 16 Mar. 2015. <http://www.bbc.com/news/world-africa-30024009>. iii "The Forgotten Victims of Piracy." Oceans Beyond Piracy. Web. 16 Mar. 2015. <http://www.marsecreview.com/tag/oceans-beyond-piracy/>. iv "Nigeria: Piracy in Nigeria - Just Getting Going?" AllAfrica.com. 11 Dec. 2014. Web. 16 Mar. 2015. <http://allafrica.com/stories/201412111162.html>. v "Bunkering." MPA -. Web. 16 Mar. 2015. <http://www.mpa.gov.sg/sites/port_and_shipping/port/bunkering/bunkering.page>. vi Tharoor, Ishaan. "How Somalia's Fishermen Became Pirates." Time. Time Inc., 18 Apr. 2009. Web. 16 Mar. 2015. <http://content.time.com/time/world/article/0,8599,1892376,00.html>. vii "Maritime Piracy on the Rise in West Africa | Combating Terrorism Center at West Point." Combating Terrorism Center at West Point. Web. 16 Mar. 2015. <https://www.ctc.usma.edu/posts/maritime-piracy-on-the-rise-in-west-africa>. viii Web. 16 Mar. 2015. <https://www.usnwc.edu/getattachment/e95feaa7-8883-4008-b49b175783f25e43/The-Anatomy-of-Gulf-of-Guinea-Piracy.aspx>. 8 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April ix 25th, 2015 Turse, Nick. "Pirates of the Gulf of Guinea." The Huffington Post. TheHuffingtonPost.com. Web. 16 Mar. 2015. <http://www.huffingtonpost.com/nick-turse/pirates-of-the-gulf-ofguinea_b_5881290.html>. x "International Maritime Bureau." Web. 16 Mar. 2015. <https://icc-ccs.org/icc/imb>. xi "Condemning Acts of Piracy, Armed Robbery off Gulf of Guinea States, Security Council Calls on Regional Bodies for Strong Action against Perpetrators | Meetings Coverage and Press Releases." UN News Center. UN. Web. 16 Mar. 2015. <http://www.un.org/press/en/2011/sc10430.doc.htm>. xii "Somali Pirates Seize Merchant Ship in Region‟s First Successful Hijacking since 2012 | The National." Somali Pirates Seize Merchant Ship in First Successful Hijacking since 2012. Web. 16 Mar. 2015. <http://www.thenational.ae/world/middle-east/somali-pirates-seize-merchant-shipin-regions-first-successful-hijacking-since-2012>. xiii Web. 16 Mar. 2015. <https://www.ctc.usma.edu/posts/maritime-piracy-on-the-rise--gulfguinea-oil-soaked-pirates>. xiv Web. 16 Mar. 2015. <https://posts/maritime-piracy-on-the-rise--gulf-guinea-oil-soakedpirates>. xv Web. 16 Mar. 2015. <http://www.unodc.org/documents/toc/Reports/TOCTAWestAfrica/West_Africa_TOC_PIRACY.p df>. xvi "The U.S. and China's Nine-Dash Line: Ending the Ambiguity." The Brookings Institution. 6 Feb. 2014. Web. 16 Mar. 2015. xvii "Q&A: South China Sea Dispute." BBC News. Web. 16 Mar. 2015. <http://www.bbc.com/news/world-asia-pacific-13748349>. xviii "Vietnam and China: Conflict over Islands Arouses Vietnamese Patriotism." - San Jose Mercury News. Web. 16 Mar. 2015. <http://www.mercurynews.com/opinion/ci_26591028/vietnam-and-china-conflict-over-islandsarouses-vietnamese>. xix "Philippine Law Journal Online." Philippine Law Journal Online. Web. 16 Mar. 2015. <http://plj.upd.edu.ph/the-philippine-claim-over-the-spratly-group-of-islands-an-applications-ofarticle-76>. xx Web. 16 Mar. 2015. <http://www.cna.org/sites/default/files/research/IOP-2014-U-008434.pdf>. xxi "Lessons from the Battle of the Paracel Islands." The Diplomat. Web. 16 Mar. 2015. <http://thediplomat.com/2014/01/lessons-from-the-battle-of-the-paracel-islands/>. xxii "Political Seaquake: Anti-China Protests in Vietnam | All Media Content | DW.DE | 20.05.2014." DW.DE. Web. 16 Mar. 2015. <http://www.dw.de/political-seaquake-anti-chinaprotests-in-vietnam/g-17647550>. xxiii "United Nations Conference on the Law of the Sea, 1958." United Nations Conference on the Law of the Sea, 1958. Web. 16 Mar. 2015. <http://legal.un.org/diplomaticconferences/lawofthesea-1958/lawofthesea-1958.html>. xxiv "Law of the Sea Treaty." Law of the Sea Treaty. Web. 16 Mar. 2015. <http://www.unlawoftheseatreaty.org>. xxv "United Nations Convention on the Law of the Sea." IMO. Web. 16 Mar. 2015. <http://www.imo.org/OurWork/Legal/Pages/UnitedNationsConventionOnTheLawOfTheSea.aspx >. 9 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected] IMO April xxvi 25th, 2015 "1958 Geneva Conventions on the Law of the Sea - Main Page." 1958 Geneva Conventions on the Law of the Sea - Main Page. Web. 16 Mar. 2015. <http://legal.un.org/avl/ha/gclos/gclos.html>. xxvii "Q&A: South China Sea Dispute." BBC News. N.p., n.d. Web. 14 Mar. 2015. <http://www.bbc.com/news/world-asia-pacific-13748349>. xxviii "ICE Case Studies." ICE Cases: Spratly Islands Dispute. N.p., n.d. Web. 14 Mar. 2015. <http://www1.american.edu/ted/ice/spratly.htm>. xxix "The Spratly Islands Dispute: Order-Building on China's Terms?" Harvard International Review. N.p., 18 Aug. 2011. Web. 14 Mar. 2015. <http://hir.harvard.edu/archives/2841>. 10 1905 Main Street Huntington Beach, CA 92648 I hbhsmun.webs.com I [email protected]
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