1. No category

OXFORD INTERNATIONAL
MODEL UNITED NATIONS
12TH ANNUAL CONFERENCE
7TH – 9TH NOVEMBER 2014
SOCIAL, CULTURAL AND HUMANITARIAN
Nations
Committee Purview
Welcome
to
Social,
Fund.
Delegates
in
SOCHUM are highly encouraged to maintain a
and
broad and comprehensive discussion about each
in
topic, while keeping in mind the specific
OxIMUN 2014! We are delighted to have you
mandate which SOCHUM has in passing
join us in what will hopefully be a dynamic and
resolutions.
Humanitarian
the
Children’s
Committee
Cultural,
(SOCHUM)
enjoyable committee, and look forward to
meeting all of you in November.
The topics selected for SOCHUM during this
conference reflect increasingly pressing issues.
SOCHUM deals with a wide range of agenda
Whereas Enforced Disappearances has been a
items ranging from social, humanitarian affairs,
recurring issue which the UN has largely
and human rights issues. As with all other GA
inadequately wrestled with, the protection of
committees, all countries in SOCHUM is
UNESCO World Heritage Sites has been until
allotted one vote, and substantial votes pass
relatively recently neglected beyond the UN
with a simple majority. This allows for a fair and
bureaucracy, and for which no common
equal playing field for all countries, regardless of
framework or solution has yet been found.
its stake on the issue concerned.
Given the increased frequency with which nonstate actors are waging unconventional conflict
in recent months and years, these two issues are
While SOCHUM does not have a direct
pertinent. The Dais has deliberately kept the
mandate to intervene in the domestic situations
topics broadly defined such that delegates will
in countries or impose measures such as
be able to come up with a wide range of
sanctions, it is nonetheless a crucial body. Not
innovative yet feasible proposals.
only does it highlight the UN’s continued
commitment to improve and protect social and
cultural development, it promotes inclusivity,
provides
consensus
technical
on
expertise,
universally
and
builds
shared
values.
Furthermore, its decisions are often taken in
close cooperation and consultation with the rest
of the UN machinery, including specialized
agencies such as the World Health Organization,
the World Food Programme, and the United
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Topic A: Reviewing the
of the disappeared person.’ It is often used as a
International Convention for
the Protection of All Persons
from Enforced
way of silencing political dissent, and has been
termed
by
Amnesty
International
as
‘a
continuing feature of the twentieth century.’ The
denial of their detention effectively places them
outside the protection of the law. This means
Disappearance
that any laws regarding the treatment of
prisoners, such as arrest time limits and right to
a lawyer, don’t apply, in violation of several key
The International Convention for the Protection
of All Persons from Enforced Disappearance
human rights. Amnesty mentions:

person
was adopted by the United Nations in 2006. It
took until 2010 for the required number of
the right to security and dignity of

the right not to be subjected to torture
signatories to ratify the Convention for it to be
or other cruel, inhuman or degrading
mandated as an official treaty. Despite this, the
treatment or punishment
Convention remains infertile with a lack of
political
will,
legal
ability,
and

the right to humane conditions of
detention
logistical
any

the right to a legal personality
substantial implementation of enforcement of

right to a fair trial
provisions
intersecting
to
prevent
its clauses. As such, delegates in SOCHUM will
be
tasked
with
reviewing
the
existing
Convention and to renew the international
community’s
efforts
at
tackling
enforced
disappearances, be it through a complete or
partial overhaul of the Convention or through
other more creative means.
And, in cases, the right to life. Even in cases
where they do not die, but resurface after years
in captivity, the psychological and physical
damage is often extensive as a result of the
dehumanization
and
torture
which
often
accompany enforced disappearance.
It is furthermore seen as a crime against two
parties: the person who ‘disappears’, but also
Enforced disappearance is defined by the UN as
their family, who often don’t hear from them
‘the arrest, detention, abduction or other form
for years, if at all, thereby violating both the
of deprivation of liberty by the State followed by
disappeared person’s but also the family’s right
a refusal to acknowledge the deprivation of
to family life, another human right enshrined in
liberty or the concealment of the whereabouts
the Universal Declaration. In many cases, it
jeopardises their security as well, as any income
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the person detained may have brought to their
household now also disappears. Furthermore,
without a death certificate they do not have
access to any form of compensation and
support, such as pensions. Most of all, the
waiting, the not knowing and the anguish that
accompany it means they cannot mourn for
their loss and give it a place.
In 2011, the United Nations Working Group on
Enforced or Involuntary Disappearances
(WGEID) stated in its report that there are
currently 53,788 outstanding cases of enforced
disappearance.
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TOPIC HISTORY
Enforced Disappearance: A Continuing
Feature of the Twentieth Century
along with Chief of the Armed Forces Wilhelm
Keitel, signed what was code-named the Nacht
und Nebel decree, or Night and Fog.
By this time the war with Soviet Russia had
Enforced Disappearance is not a new problem.
From the Nazis to military dictators to
democratically elected governments, it has been
a recurring problem in conflicts all over the
started, so troops had to be redistributed. This
was welcome news for those in the resistance in
occupied countries: with less soldiers about, it
was easier to work against the regime. In
particular acts against communication lines
world. A brief history:
grew. German counter-intelligence doubled its
The First Recorded Cases: General Franco
efforts, but had to bring all those it arrested to a
and the Spanish Civil War, 1936-1939, and
special military court. This court quickly became
the Dictatorship, 1939-1975
backlogged, having too many cases to handle.
Though Amnesty lists the Nazis as the first enmasse perpetrators of organised disappearances,
the Office of the High Commissioner for
Also, while these courts did pass down many
death sentences, there was also a fair amount of
prison sentences handed out.
Human Rights on a recent visit to Spain
Hitler thought this was inefficient and too
estimated that during the civil war and the
lenient. Thus the Nacht und Nebel decree was
Franco dictatorship afterwards, 114,226 were
born, named after Goethe’s description of this
forced to disappear. This includes 30,960
being the time for clandestine activities. The
children who were snatched at birth from their
decree stated that any person in the occupied
(often republican and detained) parents to give
territories who was found trying to undermine
to pro-Franco couples.
the German regime was to be taken “by night
and fog” to Germany to face a special court,
leaving only the sure death sentences to the
Enforced Disappearance and the Nazis,
military courts. They were not to have contact
1941-1945
with family or loved ones, just to make the
Amnesty International records World War II as
the
first
en-masse
use
of
enforced
disappearance. Though people were arguably
already disappearing long before 1941, this was
the first time this procedure was, in a way,
formalised. Hitler, on the 7 December 1941,
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intimidation
complete.
Desaparecidos: Enforced Disappearance
and the Latin American Dictatorships of
1960-1970
During the 1960s and 1970s, and in some cases
into the 1980s, various countries in Latin
America underwent military coups, civil wars,
and military dictatorships.
"The former French NN deportees, imprisoned in concentration
During the military dictatorships in the Cono
camp Hinzert. No Hate, but also no Forgetting.”
Sur, with alleged help from the CIA, Operation
With this decree, Hitler replaced all necessity for
Condor was launched in the Southern Cone.
hostages, “re-education”, and long prison
Five governments, specifically Argentina, Chile,
sentences. About 7000 people were arrested this
Paraguay, Bolivia, Brazil and Uruguay, agreed to
way, 5000 of them from France. 340 were
work
condemned to death. The rest, regardless of the
“terrorists.” The conspiracy was only discovered
sentence handed down by the Sondergericht,
when a judge looking for files on a political
ended up in concentration camps, where the
prisoner in 1992 instead found what is now
death toll among them was very high, though
known as the “Archive of Terror.”
the exact number can no longer be established.
together
to
hunt
down
left-wing
In Argentina, prior to operation Condor there
In 1944, this decree was furthermore expanded
was the “Triple A deathsquad”, or the Argentine
to cover all violent acts committed by non-
Anticommunist Alliance. Started in 1973 under
German citizens. Keitel then extended it further
Juan Domingo Peron’s last presidency, it
to include all acts, real and perceived, to
consisted mainly of followers from the police,
endanger the Third Reich.
the military, trades unions and right-wing sectors
While this may not have been the first time
these methods were used, they were certainly
of Peronism. Most of the killings took place
under the presidency of his widow.
the first time they were used to such an extent in
The Triple A deathsquad was gradually reduced
such a short time by a single government.
in 1976, just as Operation Condor was getting
Next up to use enforced disappearances were
the French during the Algerian Independence
War. This was also when the first “death flights”
occurred, a later inspiration to the leaders of
Operation Condor.
started. Suddenly, (left-wing) political dissidents
who had fled to neighbouring countries found
themselves arrested and redelivered to the
disappearance mechanisms of their homes. This
was also when the so-called “death flights”
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started occurring, a method, it is said, that had
was forced into the army, and another was
been copied from the French, and aided by a
adopted by a couple in the US. (CSMonitor)
permanent military mission to Argentina of
French officers who had fought in the Algerian
War, until Mitterand discontinued it in 1981.
According to archives found by Marie-Monique
Robin, a French journalist, Isabel Peron’s
“annihilation decrees” were also inspired by
earlier French documents.
Guatamala
and
El
started to be seen as an issue under international
law. Chilean lawyers started noticing that their
clients seemed to mysteriously disappear while
still being, supposedly, in police custody.
Families
became
involved,
such
as
the
Grandmothers of the Plaza de Mayo. An NGO
also
was born, called the Latin American Federation
undergoing civil wars at this time. In El
of Associations of Relatives of Disappeared-
Salvador, this resulted in the creation in the late
Detainees (FEDEFAM), which, together with
1970s of death squads to combat opposition
various
movements.
organisations, pushed for recognizing enforced
While
Salvador
This was the first time enforced disappearance
fighting
were
the
Frente
Farabundo Martí para la Liberación Nacional
already
existent
human
rights
disappearance as a crime against humanity.
(FMLN) the military often murdered with
impunity. Of the 22,000 complaints brought to
the truth commission from 1992-1993, 60%
dealt with extrajudicial killings, and a further
20% with enforced disappearance (the data does
not say how many extrajudicial killings were the
result of enforced disappearance). It is estimated
that between 8000 and 75 000 people
disappeared.
Grandmothers of the Plaza de Mayo
One widespread practice was the disappearance
THE UN FINALLY GETS INVOLVED –
of children, mostly survivors of the scorched
1978 – present
earth practices, as another way of terrorizing
families. Some of these children ended up in the
army, fighting with the people who would have
murdered their family. In one case, a father was
arrested and “disappeared” for 27 years.
Meanwhile, his wife and four of his six children
were murdered. Of the remaining two, one son
The various NGOs, as well as families from all
over the globe who had been the victims of
enforced disappearing, finally pressured the UN
into taking action. The UN’s first action was in
1978, when the General Assembly adopted
resolution 33/173. This resolution arguably did
little – it merely notes its concern and refers the
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matter to the Human Rights Council – but it
1984-1994 : Inter-American Convention and
was a start. It was the beginning of action. The
Preparation of the UN Declaration
Human Rights Council gave the task of finding
appropriate solutions to the Subcommission on
Prevention of Discrimination and Protection of
Minorities, who created the Working Group on
Enforced or Involuntary Disappearance. It was
established in February 1980, and still exists to
this day.
This whole kerfuffle at the UN was taking too
long for the victims in the Americas, for who
the memories were still fresh and many of
whom still were missing family members.
FEDEFAM pressured the OAS to take action.
And take action they did: in 1987, the General
Assembly for the Organisation of American
The First Legal Implements (or attempts
States asked the Inter American Commission to
thereat), 1981-1984
prepare a draft for a convention, which the IAC
The Working Commission started finding
solutions,
but
many
commissions
and
organisations didn’t want to wait. The Human
Rights Institute of the Paris Bar Association
convened a high level colloquium for the
creation of a convention against enforced
disappearance. This colloquium was where Julio
Cortazar expressed his famous ‘Refus de
l’Oubli.’ The FEDEFAM held a congress in
Lima in 1982 to also debate a possible
duly delivered in 1988. By this time, French
expert Louis Joinet of the Subcommission on
the Prevention of Discrimination and the
Protection of Minorities had also prepared a
draft for a UN Declaration. The Commission on
Human Rights discussed this text. For four
years: in 1992, resolution 47/133 finally took a
stance
against
enforced
disappearance,
becoming the Declaration on the Protection of
all Persons from Enforced Disappearance.
convention. Several eminent lawyers also started
The OAS took a bit longer deciding. They took
drafting a convention to this effect for the UN,
until 1994.
the first one of its kind.
THE CONVENTION, 1998-2006…or 2010?
The UN’s reaction? Thanks but no thanks.
Yes, that’s right. It took them another six years
States argued it was better to update existing
to then turn this declaration into a convention,
mechanisms than adopt new conventions.
and a further eight years to make this a finalized
The Subcommission tried as well, bringing a text
to the assembly in 1984 which was a preliminary
version of the convention. Finally, on December
20 2006 the Convention was adopted.
draft of an International Declaration against the
However, UN Conventions need a minimum
Unrecognised Detention of Persons. But again,
number of signatures before they pass into
there were no takers.
international law. According to multiple sources,
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it took another four years for this minimum
amount to be reached. By 2013, according to the
International
Coalition
against
Enforced
Disappearance, only thirty-eight parties had
signed the Convention, just enough to make it
pass into international law. However, only 15 of
these had ratified the Convention in full.
Even today, there are plenty of examples of
enforced
disappearance:
in
Syria,
Iraq,
Bangladesh, India, the Phillipines, in the name
of the fight against terrorism, in corrupt
regimes, and in drug wars. Still, major world
powers such as the US and the UK have not
ratified the convention.
Time to review it.
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The International Court of Justice is mentioned
DISCUSSION OF THE
in paragraph one of article 42. This paragraph
PROBLEM
states that:
Currently, 93 states have signed the Convention,
“Any dispute between two or more States
out of which only 43 have ratified it. For an
Parties
organization with 196 members, that is a poor
application of this Convention which cannot be
show. Furthermore, many key countries, like
settled through negotiation or by the procedures
China, the United States, the United Kingdom
expressly provided for in this Convention shall,
and Russia, have not signed it at all.
at the request of one of them, be submitted to
Many of the countries who have signed it have
furthermore noted reservations. This is not
unusual for UN treaties, but considering the
long time it took for this convention to even get
enough signatures to be considered legally
binding it is worthy of mentioning. Cuba and
Morocco, for example, do not see the need for
concerning
the
interpretation
or
arbitration. If within six months from the date
of the request for arbitration the Parties are
unable to agree on the organization of the
arbitration, any one of those Parties may refer
the dispute to the International Court of Justice
by request in conformity with the Statute of the
Court.”
referring any cases through to the International
While there is a provision in paragraph 2 of this
Court of Justice. Furthermore, not all states
same article which states that states may opt out
have agreed to clauses 31 and 32, which refer to
of paragraph one, this negating of the
allowing the committee to have insight into the
jurisdiction of the International Court of Justice
state’s communication and allowing victims of
in these cases provides a sticking point which
enforced disappearance to make appeals against
needs
the state.
Netherlands accuses Cuba, which has opted out
So what are some of the underlying problems
here?
reviewing.
If,
for
example,
The
of this clause, and the two states become
embroiled in a dispute over the possible status
as enforced disappearance of a citizen, under
PROBLEM 1: THE INTERNATIONAL
paragraph one this would be referred to the
COURT OF JUSTICE, or lack thereof
International Court of Justice. However, if Cuba
Three countries have flagged upon signing that
they do not consider themselves bound to the
jurisdiction of the International Court of Justice.
refuses to accept this ruling and does not see
itself obliged to submit cases to the ICJ, then
there’s not much left to do except for things like
angry speeches and sanctions.
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which applies this convention. As stated earlier,
other nations cannot punish it for not following
these obligations. So if we go back to our
example of the Netherlands and Cuba, the
choice of not accepting the ICJ’s ruling allows
the government to act with impunity.
This applies even more so to states which have
not signed the convention. While this means
Nations are not in any way forced to follow the
that arguably the UN can do nothing, it still
decisions of the ICJ either. If they think
presents a large problem. For example, what if
something was judged wrongly, they have every
someone of a different country, or of joint
right to ignore the decision. This is because no
nationality, goes missing? This has been cited as
nation stands above another nation, and
one of the main reasons for the United States’
therefore no nation can force another nation
refusal not to sign: the detaining, or enforced
into accepting a decision or punish in case of
disappearing, of various people suspected of
violation of international law.
being terrorists during the aftermath of 9/11.
So in this way the ICJ, or rather its disputed
jurisdiction, forms a problem.
While Iraq, for example, is a state party to the
Convention, the US is not. A French court
attempted to try Henry Kissinger for his role in
And it is a major problem with the Convention:
the
the question of impunity. If the International
Operation Condor. However, he was flown out
Court of Justice does not serve, well, justice,
the next day and did not return, and there was
then who will?
little the French court could do.
The convention defines enforced disappearance
IMPUNITY PART TWO: SYSTEMATIC
as perpetrated by state actors or militia
IMPUNITY FROM WITHIN
supported by state actors. Basically, any case
only falls under the convention if the person
abducted was taken by the police, security
agencies, intelligence agencies, or unofficial
militia that are still linked to the government.
However, it is this same government which
makes the decision on whether or not to accept
the International Court of Justice’s ruling and
enforced
disappearance
during
the
States who do insist on prosecuting any and all
acts of enforced disappearance by themselves
may
also
run
into
the
problem
of
institutionalized impunity, listed as one of the
major challenges faced by the Working Group
on Enforced or Involuntary Disappearance.
People know people, people pay people, or a
high-end government leader does not want this
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linked back and so threatens the judge. No one
not hear for decades about what has happened
gets prosecuted, no one gets justice, and the
to their loved one, and often lose faith in these
enforced
the
organisations. This means there is time to
Philippines, a case was recorded where the
dispose of any evidence, making the search even
Supreme Court ordered the Chief of Staff of the
harder.
disappearing
continues.
In
army to disclose the whereabouts of a man who
had been abducted while having lunch, named
Jonas Burgos. The army ignored the decision
and no one was ever held accountable.
The trick will be to get these states to sign on,
and then finding a mechanism which ensures
they, too, will not be able to get away with
impunity while finding a way of prosecuting
This not only harms the person who has
which they will agree to. But where is the
disappeared, but further harms the trust in
balance? That is the question.
police and state, as well as in the human rights
groups and lawyers attempting to help, as
families continue to suffer while seeing little
UNDER-REPORTING
AND
WITHHOLDING INFORMATION
Another major problem with the Convention is
progress.
In many states, as will also be discussed later,
enforced disappearance is not actually seen as a
crime, per se. While the Convention calls for the
labeling of enforced disappearance as a crime
against humanity, surprisingly few countries
have done so. Thailand, a signatory to the
convention, has only passed a law classifying
enforced disappearance as a crime in recent
years. Furthermore, various laws may exist
which have national security in mind but which
in fact merely legalize the process of enforced
disappearance.
the difficulty of evidence gathering to even bring
it to a convincing court case. Human rights
activists and defence lawyers work under
precarious circumstances to gather evidence: in
all cases their clients are being held by the State,
a State which can just as quietly make them
disappear. Furthermore, the Working Group on
Enforced or Involuntary Disappearance marks
as some of the major problems it encounters
“ineffective reporting channels, illiteracy, and
language barriers.” (19). The people who have
disappeared
may
backgrounds
in
be
from
impoverished
low-income
countries.
Truth commissions have so far given some form
Sometimes they may have been the only ones in
of way out, as well as organisations like
their families able to read.
FEDEFAM. However, sometimes the processes
these truth commissions need to go through,
because of lack of cooperation or other
bureaucratic difficulties, mean that families will
Furthermore, remember the task of creating a
convention was first given to the Committee on
the Protection of Minorities. This is because in
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many cases, such as with the disappearance of
go
Kurds in Operation Anfal in Iraq or the
neighbourhood. Suppose he or she told the local
enforced disappearances in Sri Lanka, those who
police officer. It could cost the life of
disappear belong to minorities. The remaining
disappeared person or the rest of the family.
family may only speak their regional dialect.
Even if this is not the case, any and all
complaints must be translated into the working
languages of the UN before they can be
processed by the Working Group. With a
backlog of cases and over 80 countries currently
experiencing enforced disappearances, these
translations take time, slowing down the
process.
to
the
Furthermore,
FEDEFAM
many
agency
countries,
in
the
including
signatories to the Convention like Mexico and
Colombia, do not recognize the powers of the
Committee
on
Enforced
Disappearance,
specifically their right to hear individual
complaints. This not only makes it more
difficult for families to get help and for agencies
to keep track of the number of enforced
disappearances and offer help, but also pulls
Ineffective reporting channels are also a large
into question the country’s dedication to
part of the problem. Victims may get sent from
implementing the Convention.
one agency to another, and be unsure of who to
contact. After all, who do you go to for help
when the people who are supposed to protect
you are the ones who may or may not have
taken your family member? Also, often the
agencies that do collect this information, such as
FEDEFAM, are operating in areas of conflict,
The Working Group has called for more help
for families of the victims and the agencies
attempting to help them, but with so few states
party to the Convention, many not the major
states involved in these disappearances, it is
uncertain how much help can be given.
poverty, and bad infrastructure. Furthermore, in
IMPUNITY
many cases where the disappearance has been
IMPOSSIBILITY OF BUILDING A CASE
reported to the police, the cases have never been
investigated properly, but rather shoved in a
drawer and not looked at again. The police gets
its money from the government: in these sorts
of cases, they do not want to bite the hand that
feeds them.
PART
THREE:
THE
Another major drawback to the Convention also
relates to the issue of impunity. Yes, the
Convention promises to prosecute those who
have forcibly disappeared people by trial, and
yes, in some cases this can go to the
International Court of Justice, the International
Under-reporting may present further problems
Criminal Court in Rome, or regional courts and
because of a fear of reprisals. Suppose your
NGOs which then help pressure larger bodies.
father was taken. Suppose the neighbor saw you
However, one of the major problems the
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Working Group identified is getting to this
Building a case is furthermore difficult because
stage.
of the hiding of evidence. A recent article on the
One of the major problems it identified in 2012
was the fact that human rights activists and
defence lawyers faced threats, intimidation, and
reprisals for their work. This was not merely
limited to lawyers, either. Victims were also
harassed. It called back then for a more
systematic approach to helping those who help
the United Nations, but so far nothing has
repeal of El Salvador’s general pardon noted
that instead of helping the victims get justice, it
caused lootings of the Catholic Archdiocese
which hosted the archives of the Tutela Legal,
and offices where documents relating to the
disappearances were kept. Files were burned,
back-up destroyed, and office workers held at
gunpoint.
Furthermore,
happened.
This then hurts the prosecution of these cases.
Victims may abandon the hope for justice
altogether, or the process may take years longer
those
states
party
to
the
Convention agree to share any communication
related to the disappearance cases, as stipulated
under article 31, which states:
than it should have. Some will never have justice
“ A State Party may at the time of ratification of
at all, or when the case finally has its day in
this Convention or at any time afterwards
court there will not be enough evidence because
declare that it recognizes the competence of the
lawyers were blackmailed or otherwise harmed.
Committee
Some may need to flee their homes. This
communications
undermines the trust in the legal system, the
individuals subject to its jurisdiction claiming to
Convention, and ultimately the United Nations.
be victims of a violation by this State Party of
The only thing it supports is impunity.
provisions of this Convention. The Committee
to
receive
from
or
and
on
consider
behalf
of
shall not admit any communication concerning a
State Party which has not made such a
declaration.”
While the subclauses following it do specify and
limit the types of recordings that the Committee
is allowed to take under this clause, only a
handful of countries have actively stated to
allow this. The Working Group in their 2012
report once again called on member states to
accept this clause, citing it as vital to the success
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of finding the truth. However, many states have
their detention was not officially recognized,
proven reluctant. Without this information,
thus placing them outside the law and placing
however, it is difficult to establish what
them
happened, and thereby increases the chance that
disappearance. This would have been in
those in charge will not be punished for what
violation of the convention. While the US has
they have done.
since then decommissioned these prisons and
under
the
status
of
enforced
allowed access by the International Red Cross,
the US still has not signed the Convention.
COUNTER-TERRORISM
AND
NATIONAL SECURITY
Forcible disappearance as part of an effort to
protect a country’s security also occur within
Another reason many countries are reluctant to
countries: take, for example, radical examples
sign the protocol is because they themselves
like the DPRK, but also less obvious ones like
engage in enforced disappearance. This goes for
Thailand, where the police has been using
governments of all kinds, from the Democratic
enforced disappearance as a tool to quell
People’s Republic of Korea to the United States.
political opponents since the 1940s, but which
The most often-cited reason is national security:
has gone largely unnoticed due to the relatively
these countries find it necessary for retaining
small scale of these disappearances compared to
their safety to forcibly disappear people.
other Asian countries. As a report by the Justice
Amnesty International has flagged up a case in
Afghanistan where US special forces forcedly
disappeared people in the Nerkh and Maidan
Shahr districts in the Wardak province, under
the cover of the War on Terror. None of the
people involved were ever brought to trial,
according to the organization. This leads to a
continued status of disappearance: only when a
for Peace Foundation notes, in a time when the
government’s power seems to be derived from
the control of the police and army, enforced
disappearance appears to be a good way of
quelling political dissent. China, as another
example,
recently
detained
or
forcibly
disappeared 91 people around the anniversary of
the protests in Tian’anmen Square.
case is brought to court martial do the details of
Then, of course, there is the case of countries in
it become public, and the family finds out what
conflict. India and Nepal both have high
happened.
numbers of enforced disappearance numbers in
While the Convention was being drafted, the
Bush administration furthermore still had a
plethora of secret CIA prisons. Terrorist
suspects were being held in these prisons, but
the regions with Maoist insurgencies. Again,
national security concerns are cited. However, in
cases this is also abused: a report on enforced
disappearance in Asia, for example, cites the
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case of Nepal, where people have forcibly
been advised by the Human Rights Watch that
disappeared for being under suspicion of being
signing the treaty will provide a stronger show
part of a Maoist insurgency, but also for being
internationally that the US has broken with its
from a certain caste, class and ethnicity. The
controversial past, as well as place it on a better
enforced disappearances become a sort of “in
platform to criticize human rights abuses
case” excuse.
elsewhere. It has also pointed out that it would
In many cases these enforced disappearances are
furthermore, as far as the country is concerned,
perfectly legal because of laws passed with
national security in mind. In the case of
Thailand, for example, there are several decrees
that make these disappearances effectively legal:
put the country in better standing with a variety
of allies, for example the moderate Pakistanis
currently feeling alienated from the US due to its
perceived role in the enforced disappearances
that
took
place
under
the
Musharraf
government.
the Martial Law, the Emergency Decree, and
most recently the Internal Security Act. These all
provide
legal
bases
for
the
enforced
disappearance of activists, human rights lawyers,
scholars, and anyone else deemed to be a threat,
by whatever definition the country chooses to
operate. This is in strict violation of the
Convention, which has as one of its main
features that enforced disappearance should be
defined as a crime against humanity under article
four. Under Article 3, furthermore, this applies
in all times: no exceptional circumstances. This
makes the Emergency act and the excuse of the
War on Terror problematic, especially for
Thailand which has signed the Convention
(which leads back to the previous problems with
impunity).
MINORITY RIGHTS – or lack thereof
Part
of
the
problem
with
enforced
disappearance and the difficulty of enforcing the
convention is the inequality for minorities,
which are in some countries disproportionately
affected by enforced disappearance. Again, the
report on enforced disappearance in Asia cites
the case of Nepal. The Janajati, a people
indigenous to Nepal, were among the ones most
successfully mobilized by the Maoists, and
therefore
more
prone
to
being
forcibly
While this is dubious at best, it will be these
disappeared. The same goes to the Terai people
countries that need convincing that signing this
in the mountains. These two groups, however,
treaty, and thereby giving up this practice, is in
are among the poorest and most excluded in
their best interest. The US, for example, has
Nepal, and the conflict has made it so that as a
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community and as individuals it has become
Illiteracy, which is usually higher among
even harder for them to survive. The Bardiya
minority groups because of this unequal access,
district in Midwest Terai has twice the number
means that enforced disappearance hits harder:
of forcibly disappeared persons as anywhere else
the person who disappears may have been the
in the country. Over 80% of them belong to an
only breadwinner, the only person with an
ethnic minority which was involved in a land
education, and the family may not know their
dispute.
rights or the procedures for getting help.
In Thailand, many of the hilltribes in the North,
Furthermore, lawyers campaigning for minority
as well as Malay Muslims in the South, live
rights have also been the victims of enforced
under the control of the Internal Security
disappearance, thus adding to both these
Operation Commander. This means they still
problems. In order to protect minorities from
fall under the Emergency Decree and Martial
disproportionate
law.
minority rights need to be defended and
Oftentimes these minorities will live on tense
foot with the controlling majority, such as in
Balochistan, Pakistan, the Kurdish regions of
Iraq and Turkey, and Tibet and East Turkestan
(Xinjiang) in China.
These
factors
all
make
minorities
extra
make it extra difficult to pursue the enforced
disappearances perpetrated. Cases will be given
less time because of unwillingness, and the fact
that many belong to poorer regions and are
more excluded from society mean that it is more
difficult for them to access methods of getting
FEDEFAM,
disappearing,
championed. However, this cannot take place if
the lawyers and tribe leaders campaigning for
these rights need to live in fear of being taken
away. One such example is Mr. Porlagee
Rackchongcharoen from Thailand, an ethnic
Karen community leader who campaigned for
vulnerable to enforced disappearance, and also
help.
enforced
for
example,
gets
its
information to victims by travelling to the
affected villages, but in larger countries there
may be a timespan of several months between
when support groups reach your village and
when your family member vanished.
the
Karen
peoples’
right
to
remain
in
Kaengkrachan National Park.
Minority groups does not solely pertain to
ethnic
minorities.
Religious
minorities
or
minorities of political persuasions are equally
unequally targeted. In Sri Lanka, one of the
major problems with especially exhumation that
ICAED has flagged is the vast number of ethnic
and religious minorities the exhumed bodies of
found disappeared belong to and cultural clashes
when it comes to reburial. In order to give the
family peace, these cultural particulars, though
perhaps small, are important.
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Improving minority rights will make the work of
truth commissions and the implementation of
the Convention much easier. It is vital, then,
that this is addressed while reviewing the
Convention.
A QUICK RECAP:
Major sticking points:
-
Impunity:
o The limited power of the ICJ
o Systematic impunity
o The difficulty of building a case
-
Communication
o Underreporting
o Withholding information
o Language barriers
o Ineffective reporting channels
-
Counter-terrorism and National Security
concerns
o Laws
that
make
enforced
disappearance easier
o Secret prisons
o International
obligations
vs.
national security in the face of
insurgents or political dissent
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better legal wording and mechanisms so
THE FUTURE
as to placate concerns about domestic
law, minority rights, international legal
Getting nations aboard international
enforcement etc.
initiatives
As with any major international treaty or
convention,
the
realpolitik
of
international relations dictates that treaty
Establishing a framework for the
international response
enforcement requires political will, which
This means that a new, or at least heavily
in turn requires the support of major
revised, framework to deal with enforced
powers.
that
disappearances should be produced by
international law and treaties can be
the committee. The existing precedent
readily flouted by the ‘big players’
has proven to be largely unreliable and
(although they have been in the past), but
not enforceable. The only way to get
their participation and accession to these
around this is not to strengthen the UN
treaties often provides an additional layer
or ICJ’s purview to enforce the treaty, for
of legitimacy to the Convention. More
this will merely incite more cries of
importantly, regardless of the political
infringement upon domestic politics, but
and diplomatic clout of countries, the
to find a less intrusive but more legally
number of countries which have signed
binding way to tackle the issue. Not only
and ratified the Convention remains
should legal means be looked to as is
disappointing. SOCHUM will therefore
currently the case, a variety of responses
not attempt to coerce or convince these
should be considered, particularly how
countries to sign the existing Convention
the international community can assist
– their grievances with certain clauses in
countries which are trying to tackle
the Convention have in most cases been
enforced disappearances within their
made clear – but will attempt to find a
national borders.
This
is not to
say
new resolution or treaty which will gain
the support of more countries through
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Recommending countries adopt a
recommendations of specialised domestic
certain code of conduct or implement
councils or committees chaired by
necessary domestic legal mechanisms
parliamentary or governmental personnel
It is important to stress that SOCHUM –
and any other UN body – has no
jurisdiction or mandate to force countries
to deal with enforced disappearances may
be a fruitful recommendation which is
easily implementable.
to adopt laws or practices on a domestic
level. What it does have the ability to do
is to encourage or recommend a certain set of
rules or codes of conduct which
countries can voluntarily sign up for in
order to demonstrate their commitment
to resolving this issue. There is only so
much that international law can do,
particularly when many of the enforced
disappearances in question occur within
domestic borders and therefore are
subject to tussles over the legitimacy of
an external organisation to concern itself
with ‘domestic issues’. That being said,
any suggestion from the UN for
countries to implement certain domestic
laws
remains
highly
contentious
particularly in cases such as enforced
disappearances, whereby countries which
conventionally
view
such
recommendations favourably (such as the
US and UK) are now opposed to it due
to vested interests. That being said,
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POINTS RESOLUTIONS
SHOULD ADDRESS
Discussion of the Problem above provides a
useful overview of the main issues which
resolutions should address in order to
better the current Convention. The Dais
would look favourably upon resolutions
which attempt to resolve existing issues
of the Convention rather than to rehash
ideas already prevent in the Convention.
Although SOCHUM does not have the
necessary mandate to enforce a legally
binding mechanism, it does have the
ability to recommend such a mechanism
be enforced if delegates decide as such.
Any solution should deal with both the
causes
and
aftermath
of
enforced
disappearances – how best to disincentivise
disappearances
state-sponsored
either
through
legal
punishment, diplomatic coercion, or
economic sanctions; and how best the
international community can provide aid
and assistance to countries which are
actively tackling enforced disappearances
by non-state actors or external states.
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SOURCES USED
http://www.ediec.org/areas/the-convention/
http://www.ohchr.org/en/hrbodies/ced/pages/co
http://www.icaed.org/cases-at-national-level/
http://www.icaed.org/the-
nventionced.aspx
http://www.ushmm.org/wlc/en/article.php?Mod
uleId=10007465
http://www.gra.ch/lang-de/gra-glossar/199
http://news.bbc.co.uk/1/hi/3720724.stm
http://en.wikipedia.org/wiki/Operation_Condor
convention/ratification-and-implementation-ofthe-convention/
http://www.icaed.org/the-convention/
http://www.amnesty.org/en/enforceddisappearances
http://www.amnesty.org/en/library/asset/ASA
http://www.csmonitor.com/World/Americas/201
11/008/2014/en/7d3a3ddc-6b35-4000-90a2-
2/1109/Remembering-the-lost-children-of-El-
ce72bb2772da/asa110082014en.pdf
Salvador-s-war
http://www.fidh.org/en/asia/china/15482-25-
http://www.fidh.org/en/asia/asean/15946-rights-
years-of-impunity-and-repression-since-the-
groups-call-for-an-end-to-enforced-
tiananmen-massacre
disappearances-in-asean
http://www.fidh.org/en/asia/asean/15946-
http://www.amnesty.org/en/news/enforced-
rights-groups-call-for-an-end-to-enforced-
disappearances-still-appalling-reality-americas-
disappearances-in-asean
2013-08-29
https://treaties.un.org/pages/viewdetails.aspx?s
http://www.hrw.org/news/2013/02/20/mexic
rc=treaty&mtdsg_no=iv-
o-crisis-enforced-disappearances
16&chapter=4&lang=en#EndDec
http://www.unpo.org/article/16329
http://www.abcolombia.org.uk/subpage.asp?su
http://www.simonrobins.com/ECAP-
bid=519&mainid=23
We%20need%20the%20Truth-
http://www.fidh.org/en/Enforced-
Asia%20disappearances.pdf
Disappearance/ICAED-Statement-on-the
http://www.hrw.org/news/2009/07/24/united
http://www.icaed.org/home/news-archive-
-states-ratification-international-human-rights-
2012/
treaties#_Convention_against_Enforced
http://www.icaed.org/
http://humanrightshistory.umich.edu/problems
/disappearances/
Page 23
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http://www.desaparecidos.org/fedefam/eng.ht
ml
http://www.ohchr.org/EN/NewsEvents/Page
s/EnforcedDisappearancesprogressandchalleng
esinSouthAmerica.aspx
http://www.amnesty.org/en/news/enforceddisappearances-americas-are-crime-present2012-08-28
http://www.aljazeera.com/indepth/opinion/20
13/09/operation-condor-setting-precedentfrom-one-war-terrorism-next201392510412739871.html
http://www.amnesty.org/en/enforceddisappearances/annual-report-2008
http://truth-out.org/opinion/item/20253memory-and-repression-in-el-salvador
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PROTECTING
provide protection for these sites before
UNESCO WORLD HERITAGE
they are even damaged. For the purposes
TOPIC
B:
SITES IN CONFLICT ZONES
of this committee we will only be dealing
with Sites which are being threatened due
UNESCO World Heritage Sites are listed
to armed conflict – rather than natural
as of ‘special physical or cultural
causes such as erosion – so as to focus
significance’ and must be of ‘outstanding
debate.
universal value’ which are important to
the ‘common heritage of humanity’, with
over 1000 sites now listed. These sites are
clearly of importance to the global
community and even more so to the local
societies to which they belong (if nothing
else than the potential for heritage or
sustainable tourism).
Whereas UNESCO currently maintains a
‘World Heritage in Danger’ list to
highlight Sites which are in imminent
threat
of
being
compromised
or
destroyed, it does not make a distinction
between those under threat due to
natural causes (and are therefore more
easily prevented with the provision of
However, in recent years in particular,
increased funding and relevant expertise)
many of these World Heritage Sites have
and those which are in conflict zones and
been compromised or damaged due to
are therefore more difficult to protect. It
the threat of conflict in surrounding
is the task of SOCHUM to deal with the
areas. Although they are often collateral
latter,
damage in wars or conflict rather than
consideration the political implications,
the targets of them (a notable exception
logistical difficulties, legal mandate, and
is
economic limitations of the committee.
the
Buddhas
of
Bamiyan
in
all
the
while
taking
into
Afghanistan, which was part of a
deliberate Taliban strategy to destroy
what they considered to be inappropriate
idolatry), much more can be done to
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TOPIC HISTORY
A number of UNESCO World Heritage
Sites have been deliberately damaged,
during conflict, to fuel hatred & block
reconciliation. The work of the United
Nations includes rehabilitating sites. It
implies much more than architectural
repairs – it is about values, identities and
belonging. Importantly, there has been a
successful case study of how the UN can
intervene in order to protect certain
UNESCO
World
Heritage
Sites.
However, this was under exceptional
circumstances which may not so easily
replicate themselves in every other
"PROTECTION OF CULTURAL
OBJECTS AND OF PLACES OF
WORSHIP. Without prejudice to the
provisions of the Hague Convention for
the Protection of Cultural Property in the
Event of Armed Conflict of 14 May
1954,' and of other relevant international
instruments, it is prohibited:
(a) To commit any acts of hostility
directed against the historic
monuments, works of art or places
of worship which constitute the
cultural or spiritual heritage of
peoples;
(b) To use such objects in support
of the military effort;
(c) To make such objects the
object of reprisals."
conflict situation. In fact, it is more likely
that warring parties would not concede
Similarly, the Hague Convention of 1954
to external interference for the purposes
requires countries which have signed it to
of heritage, particularly when life and
protect their cultural property, including
death are on the line as well.
UNESCO World Heritage Sites, in
wartime. Although 126 countries are
party to the Convention, this is largely
Geneva and Hague Conventions
In fact, there already are legal
mechanisms in place which technically
protect World Heritage Sites during
wartime. For instance, the Geneva
Convention provides for:
irrelevant
because
of
the
lack
of
enforcement.
Sadly, prohibition of such actions rarely,
if ever, translates into action (or rather,
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lack thereof). The lack of enforcement is
Heritage in Danger. The program is
brutally demonstrated by the frequency
implemented
with which Sites have been compromised
Institute
in recent times, and the impotence of
(ICCN) - an organism in charge of the
national
the
management of protected areas in the
international community to do anything
Democratic Republic of the Congo -
about it. Legal enforcement is clearly
under the supervision of the Ministry of
non-existent, and oftentimes the political
Environment, Nature Conservation and
and military implications of conflicts
Tourism, and with the active involvement
(rightfully) overrule any concern over
of Conservation NGOs partners of the
heritage. However, this is not to say that
ICCN.1 Although this is clearly a limited
the protection of these sites is not
case study given that it has only been
important or must be ignored.
implemented in the DRC, it is important
governments
and
for
with
the
Nature
Congolese
Conservation
in highlighting the potential ways in
which the committee can go about
There
is
one
case
study
which
dealing with the issue of World Heritage
demonstrates that more can be done. In
Sites in conflict zones –and ultimately to
2000, the UNESCO World Heritage
remove them from the World Heritage in
Centre initiated the program Biodiversity
Danger list.
Conservation in Regions of Armed
Conflict: Protecting World Heritage in
the Democratic Republic of the Congo,
so as to preserve the five World Heritage
Sites’ integrity in a protracted conflict
situation. The objective of the program
was to avoid the loss of the Outstanding
Universal Value of the five Sites and to
work towards favorable conditions for
their withdrawal from the List of World
Phase I (2000-2005)
The first phase of the program was
focused on maintaining conservation
activities in the five sites and establishing
a “Diplomacy of Conservation” (a
political and diplomatic support for the
1
http://whc.unesco.org/en/congobiodiversity
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sites’ conservation). Relying on the
The third phase is aimed at setting the
World
necessary
Heritage
Convention,
the
conditions
for
the
programme has done everything to
rehabilitation of the five Congolese sites,
obtain the cooperation of the different
mainly
parties involved in the conflict in order to
emergency
achieve the safeguard of the World
strengthening the element of “Diplomacy
Heritage sites in the Democratic Republic
of Conservation”. This phase was mainly
of the Congo.
about
through
the
action
implementing
finalization
plans,
the
of
and
corrective
measures adopted by the World Heritage
Committee in consultation with the
Phase II (2005-2010)
government of the Democratic Republic
During the second phase of the project,
of
the
evolution
programme
supported
the
the Congo, and following the
of
the
sites’
State
of
implementation of emergency action
Conservation, so as to allow their
plans in the five Congolese sites, while
withdrawal from the List of World
continuing to implement « Diplomacy of
Heritage in Danger.
Conservation ». In a context of high
security risks linked to the presence of
armed groups in the Eastern Congo,
emergency action plans have been
developed for the three pilot sites:
Kahuzi-Biega
and
Virunga
National
Parks and the Okapi Wildlife Reserve. In
Garamba National Park, a strategy of
community
conservation
has
been
developed.
Phase III (2010-2013)
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DISCUSSION
OF
THE
designed to inform the international
PROBLEM
community of conditions which threaten
the very characteristics for which a
World Heritage in Danger2
The List of World Heritage in Danger is
compiled
by
Educational,
The List of World Heritage in Danger is
the
United
Scientific
and
Nations
Cultural
Organization (UNESCO) through the
World Heritage Committee according to
Article 11.4 of the World Heritage
property was inscribed on the World
Heritage
List,
and
to
encourage
corrective action. This section describes
the List of World Heritage in Danger and
gives examples of sites that are inscribed
on the List.
Convention3, which was established in
Armed conflict and war, earthquakes and
1972 to designate and manage World
other
Heritage Sites. Entries in the list are
poaching, uncontrolled urbanization and
threatened World Heritage Sites for the
unchecked tourist development pose
conservation of which major operations
major problems to World Heritage sites.
are required and for which "assistance
Dangers can be ‘ascertained’, referring to
has been requested". 4The list is intended
specific and proven imminent threats, or
to increase international awareness of the
‘potential’, when a property is faced with
threats and to encourage counteractive
threats which could have negative effects
measures. Threats to a site can be either
on its World Heritage values.
natural
disasters,
pollution,
proven imminent threats or potential
dangers that could have adverse effects
Under
on a site.5
the
Convention,
1972
World
Heritage
the
World
Heritage
Committee can inscribe on the List of
World Heritage in Danger properties
whose
2
http://whc.unesco.org/en/158/
http://whc.unesco.org/archive/convention-en.pdf
4
http://whc.unesco.org/en/158/
3
protection
requires
‘major
operations (…) and for which assistance
has been requested’.
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Inscribing a site on the List of World
World Heritage List. The property is in a
Heritage in Danger allows the World
fragile state of conservation considering
Heritage
allocate
that it has suffered from abandonment,
immediate assistance from the World
military action and dynamite explosions.
Heritage
endangered
Parts of the site are inaccessible due to
property. It also alerts the international
the presence of antipersonnel mines.
community to these situations in the
UNESCO, at the request of the Afghan
hope that it can join efforts to save these
Government,
endangered sites. The listing of a site as
international efforts to safeguard and
World Heritage in Danger allows the
enhance Afghanistan’s cultural heritage,
conservation community to respond to
notably in Bamiyan. However, despite
specific preservation needs in an efficient
these efforts, the Bamiyan had been
manner. Indeed, the mere prospect of
irreversibly changed when in early 2003
inscribing a site on this List often proves
the Taliban destroyed the iconic Buddha
to be effective, and can incite rapid
statues, and discussions ever since on
conservation action. However, most of
whether to replace them with silicon
the cases which can be solved are those
molds have not bore fruit.
Committee
Fund
to
to
the
coordinates
all
involving natural causes rather than
armed conflict, the latter of which has
The National Parks of Garamba, Kahuzi-
been largely ignored.
Biega, Salonga, Virunga, and the Okapi
Wildlife Reserve in the Democratic
Some
illustrative
cases
of
sites
Republic of the Congo: Since 1994, all
inscribed on the List of World
five World Heritage sites of the DRC
Heritage in Danger
were inscribed on the List of World
Bamiyan Valley in Afghanistan: This
cultural landscape was inscribed on the
List of World Heritage in Danger in 2003
simultaneously with its inscription on the
Heritage in Danger as a result of the
impact of the war and civil conflicts in
the Great Lakes region. In 1999, an
international safeguarding campaign was
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launched by UNESCO together with a

number of international conservation
NGOs
to
protect
the
habitat
of
endangered species such as the mountain
gorilla, the northern white rhino and the
and
Archaeological
Remains of Jam (2002)
Belize

Belize Barrier Reef Reserve System
(2009)
okapi. This resulted in a 4-year US$3.5
million emergency programme to save
Minaret
Bolivia (Plurinational State of)
the five sites, funded by the United
Nations
Foundation
and
the
Government of Belgium. In 2004,
international donors, non-governmental
organizations and the governments of

Central African Republic

Republic of the Congo rehabilitate these
Manovo-Gounda
St
Floris
National Park (1997)
Belgium and Japan pledged an additional
US$50 million to help the Democratic
City of Potosí (2014)
Chile

World Heritage parks and to provide the
Humberstone and Santa Laura
Saltpeter Works (2005)
necessary security and safety for these
Colombia
Sites to thrive.

The currently listed heritage properties in
danger (both due to natural and man-
Los Katíos National Park (2009)
Côte d'Ivoire

Comoé National Park (2003)

Mount
made causes) include:
Nimba
Strict
Nature
Reserve (1992)
Afghanistan

Cultural
Democratic Republic of the Congo
Landscape
and

Garamba National Park (1996)

Kahuzi-Biega National Park (1997)
Archaeological Remains of the
Bamiyan Valley (2003)
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
Okapi Wildlife Reserve (1997)

Ashur (Qal'at Sherqat) (2003)

Salonga National Park (1999)

Samarra

Virunga National Park (1994)
Jerusalem (Site proposed by Jordan)

Abu Mena (2001)
Madagascar
Simien National Park (1996)

Georgia

Bagrati
Cathedral
and
Gelati
Historical
Monuments
of
Mtskheta (2009)
Mount
Mali

Timbuktu (2012)

Tomb of Askia (2012)
Niger
Guinea

Nimba
Strict
Nature

Palestine
Honduras
Río Plátano Biosphere Reserve

Bethlehem (2012)
Indonesia
Iraq
Birthplace of Jesus: Church of the
Nativity and the Pilgrimage Route,
(2011)

Air and Ténéré Natural Reserves
(1992)
Reserve (1992)

Rainforests of the Atsinanana
(2010)
Monastery (2010)

Old City of Jerusalem and its Walls
(1982)
Ethiopia

City
(2007)
Egypt

Archaeological

Palestine: Land of Olives and
Tropical Rainforest Heritage of
Vines – Cultural Landscape of
Sumatra (2011)
Southern Jerusalem, Battir (2014)
Panama
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
Fortifications on the Caribbean
Side of Panama: Portobelo-San
Lorenzo (2012)

Chan Chan Archaeological Zone

United Kingdom of Great Britain and
Senegal
Niokolo-Koba
Northern Ireland
National
Park
(2007)
Liverpool – Maritime Mercantile
United States of America
Medieval Monuments in Kosovo
(2006)

Everglades National Park (2010)
Venezuela (Bolivarian Republic of)
Solomon Islands


City (2012)
Serbia

Tombs of Buganda Kings at
Kasubi (2010)
(1986)

Selous Game Reserve (2014)
Uganda
Peru

Tanzania, United Republic of

East Rennell (2013)
Coro and its Port (2005)
Yemen
Syrian Arab Republic

Historic Town of Zabid (2000)

Ancient City of Aleppo (2013)

Ancient City of Bosra (2013)

Ancient City of Damascus (2013)

Ancient Villages of Northern Syria
largely reflects the poor management and
(2013)
conservation of the continent’s World

Crac des Chevaliers and Qal’at
Salah El-Din (2013)

Site of Palmyra (2013)
Africa has the highest number of sites on
the World Heritage List in Danger. This
Heritage sites as reflected in the State of
Conservation reports. Most of these sites
are in conflict areas and the situation is as
a result of political, economic and social
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conflicts. As can be inferred from the list,
almost all Syrian Sites have been added in
2013 due to the Syrian Civil War. Many
of these Sites have been compromised
due to fighting between governemnt and
rebel forces, and some of the ancient
cities have even been used as fortresses
due to their man-made ancient barriers,
and have therefore come under relentless
bombardments from both sides. Given
the lack of government jurisdiction over
most of these areas due to their contested
nature, delegates should attempt to create
a framework which can inform and guide
international responses to such incidents.
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therefore these Sites are only threatened
THE FUTURE
for a limited period of time. It is these
Uncertainty
periods of heightened threat that the UN
There is evidently no crystal ball through
must involve itself in to protect the sites
which delegates can gaze into potential
– if no fly zones are readily implemented
future conflicts and therefore pre-empt
(with flouters punished severely) in war
which World Heritage Sites will come
zones, is it completely inconceivable that
under threat. However, what can be done
no man’s land be enforced surrounding
is to set out a framework, or code of
World Heritage Sites? Questions over
conduct, or action plan, which can
how such a proposal would be enforced
inform the way in which UNESCO and
linger, including whether the UN will
the UN in general will respond whenever
send in peacekeepers, what their mandate
there are potential or existing threats to
will be, and more importantly whether
World Heritage Sites. SOCHUM, as part
this is a solution in itself persist.
of the UN General Assembly, is able to
That being said, the protection of
make broader statements of intent which
heritage is largely not a contentious issue
can encourage, involve, and facilitate the
- no third party to the conflict will
inclusion of other UN bodies or affiliated
possess any vested interest, and neutral
NGOs.
zones of mutual exclusion have in the
past been implemented (e.g. refugee /
humanitarian camps). Politically this is a
Political will or lack thereof
less difficult issue than many others on
Clearly, protection of heritage is not the
the UN’s agenda, but does this come at
foremost consideration in times of armed
the expense of political will behind
conflict or war, given that human lives
protecting Sites too?
are more immediately at stake. However,
wars and battles rarely if ever occur at the
exact
same
spot
over
time-
the
Enforcement of legal mechanisms
battleground is always changing and
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Strictly speaking there are no legal
mechanisms to punish those who flout
the rules of the Geneva and Hague
Conventions – and even if there were, it
would be difficult, nigh impossible, to
prosecute those involved in the midst of
an armed conflict, much less ascertain
blame
for
a
certain
Site
being
compromised due to armed conflict from
both sides. A review of existing legal
documents is therefore in order – despite
both Conventions declaring it illegal to
tamper with Sites in conflict zones, there
is no punishment or disincentive for
individuals or governments not to do so.
On a positive note, is there any way in
which the UN can prevent these threats
from getting to Sites before they actually
do? Parties in conflicts choose these Sites
not because they have heritage, but
because they hold strategic significance in
relation to the enemy. Removing the Site
from the strategies of both sides will
neutralise the importance of the Site, but
what legal mechanisms, if any, can be in
place to enforce this?
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beyond protection to conservationism,
POINTS RESOLUTIONS
beyond reacting to damage and instead
SHOULD ADDRESS
proactively identifying potential threats
Some issues that should be addressed
and initiating a safety plan rather than
before the committee include but are not
waiting to rescue.
limited to:
1. Conflict
4. People: Local communities
The need to inquire how conflict affects
heritage
sites
through
their
direct
negative impact and how to best
maneuver the international response
around this;
Look
at
the
involvement
of
the
communities, rather than just national
governments.
How
can
local
communities be true guardians of these
sites?
2. Management Systems
International institutional systems of
management must be analyzed critically
in relation to their ability to respond to
threats to World Heritage Sites. Slow and
inadequate institutional response is one
of the real issues which demands
improvement. Are our institutions ready
to take up these challenges?
3. Pre-empting danger
Are state parties aware of processes
available under UNESCO? Let us look
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