Social, Humanitarian, and Cultural Committee (SOCHUM) Background Guide

Written by: Colby Saxton, Hunter Lantzman, Leo Ndiaye & Jake Bumgarner, Case Western

Reserve University

The General Assembly allocates to SOCHUM agenda items relating to a range of social,

humanitarian, and human rights issues that affect people all over the world. As in previous

sessions, an important part of the work of the Committee will focus on the examination of

human rights questions, including reports of the special procedures of the Human Rights

Council. The Committee also discusses questions relating to the advancement of women, the

protection of children, indigenous issues, the treatment of refugees, the promotion of

fundamental freedoms through the elimination of racism and racial discrimination, and the

right to self- determination. In addition, the Committee addresses important social

development questions such as issues related to youth, family, ageing, persons with disabilities,

crime prevention, criminal justice, and international drug control.

I. Maintaining Intangible Cultural Heritage and Diversity

Statement of the Issue

We as a collective humanity are faced with a problem of unique and continued

importance: the preservation of cultural heritage. Globalization serves to bring the world ever

closer, but the farthest reaches of world culture are beginning to come under fire. It is up to the

United Nations to protect these cultural traditions of societies worldwide, as they are often

times ignored or marginalized by regional or national governments who choose to ignore the

cultural value present within their own borders. UNESCO currently recognizes over 40

intangible pieces of cultural heritage (or ICH) per year, with more than 15 new intangible facets

of heritage considered every month. These pieces of heritage are defined by the 2003

Convention for the Safeguarding of Intangible Cultural Heritage as “practices, representations,

expressions, knowledge, skills – as well as the instruments, objects, artifacts and cultural spaces

associated therewith – that communities, groups and, in some cases, individuals recognize as

part of their cultural heritage”.1 It is more critical than ever that the United Nations seeks to

1 "Intangible Cultural Heritage." Text of the Convention for the Safeguarding of the Intangible Cultural Heritage -

intangible heritage - Culture Sector - UNESCO. Accessed January 02, 2017. http://www.unesco.org/culture/ich/en/convention.

preserve and foster these cultural heritages, and it is the duty of this body to carry out that

mission.

History

The first historical document produced extensively regarding the preservation of

cultural heritage was created by Japan in 1950. The “Law for the Protection of Cultural

Property” that they created defined ICH as “Drama, music, applied art, and other intangible

cultural products that are of a significant historical or artistic value to Japan”.2 In 1954, UNESCO

adopted the Convention for the Protection of Cultural Properties in the Event of Armed

Conflict. This international document first committed the United Nations to a shared interest in

the preservation of dying, marginalized, or otherwise endangered cultural heritage.3 1966

brought about the Declaration of Principles of International Cultural Cooperation by UNESCO,

which recognized the inherent value and significance of each culture to the pursuit of

international cooperation.4 On October 17th, 2003, UNESCO adopted the Convention for the

Safeguarding of the Intangible Cultural Heritage, the first international resolution to address the

unique challenges of safeguarding ICH.5 The 2003 Convention identifies several domains of

intangible heritage, including “oral traditions and expressions…; performing arts; social

practices, rituals, and festive events; knowledge and practices concerning nature and the

universe; [and] traditional craftsmanship.”

This resolution also established an Intergovernmental Committee for the Safeguarding

of the Intangible Cultural Heritage, made up of representatives of geographically and culturally

diverse countries and tasked primarily with “promot[ing] the objectives of the Convention” and

“provid[ing] guidance on best practices” for the safeguarding of intangible pieces of cultural

heritage. Additionally, the 2003 Convention calls upon each elected representative to the

convention to take specific measures to identify, preserve, protect, and promote awareness of

ICH within its territory. The 2003 Convention articulates four specific means to promote ICH:

safeguarding ICH, ensuring respect for ICH, raising awareness for ICH, and ensuring mutual

respect at the local, national, and international levels. This Convention is the most recent

international action taken by the United Nations on the issue of ICH, and is thus the presiding

document for further negotiations and ideas to preserve ICH today.

2 "Japanese Law Protecting Cultural Heritage." Culture/natlaws. Accessed January 2, 2017.

http://www.unesco.org/culture/natlaws/media/pdf/japan/japan_lawprotectionculturalproperty_engtof.pdf . 3 "Chart of Endangered Intangible Cultural Heritage." Unesdoc. Accessed January 2, 2017.

http://unesdoc.unesco.org/images/0018/001875/187580e.pdf . 4 "Intangible Cultural Heritage." Culture/natlaws. Accessed January 02, 2017. http://portal.unesco.org/en/ev.php-

URL_ID=13147&URL_DO=DO_TOPIC&URL_SECTION=201.html. 5 "Intangible Cultural Heritage." Text of the Convention for the Safeguarding of the Intangible Cultural Heritage -

intangible heritage - Culture Sector - UNESCO. Accessed January 02, 2017. http://www.unesco.org/culture/ich/en/convention.

Current Situation

Today, numerous organizations exist to fight for the protection of culture both tangible

and intangible cultural heritage. These efforts are found in both governmental, and non-

governmental entities, and span the globe. First and foremost, the United Nations Educational,

Scientific, and Cultural Organization, or UNESCO, is perhaps the most known champion of

cultural heritage protection. The organization works in three ways. Recognizing culture as a

human right and an essential aspect to civil society, the body advocates for both culture and its

development. It does this by working with governments to create effective policy and law

concerning culture and its protection. Additionally, UNESCO recognizes that culture itself is not

culture without a diverse spectrum of different customs, perspectives, and beliefs, thus the

body encourages and fights for cultural pluralism globally.6 One of the more recognizable

initiatives of UNESCO is that of Cultural Conventions, which help facilitate dialogue between

different regions, creating a system of “cultural governance.”7 These conventions deliberate

topics ranging from the promotion of museums, to the protection of historical urban areas (as

past conventions have).8

UNESCO also hosts workshops around the world, such as one in Rome to fight the illicit

trafficking of cultural property in Bosnia and Herzegovina, or Ethiopia’s workshop on

safeguarding intangible cultural heritage.9 UNESCO also partners with a variety of organizations

to accomplish these goals. The International Council of Museums (ICOM), for example, works

under the principle that protection of cultural heritage is a moral duty. Working mostly with

governments, as they are the “prime patrons” of culture, ICOM believes governments are

incentivized to act in order to reap benefits such as tourism and better international relations.10

Beyond reaching out to governments, ICOM empowers museums to communicate with

marginalized groups and promote intercultural dialogue. Additionally, ICOM utilizes a system

known as Object ID, which only two other organizations- Interpol and UNESCO- are authorized

to use.11 Object ID is a catalog for tangible cultural items that streamlines identification and

combats theft and/or forgery. In addition to Object ID, ICOM works with the US Blue Shield

program, which namely aims to protect cultural heritage in armed conflict and in case of 6 Https://www.facebook.com/unesco. "Protecting Our Heritage and Fostering Creativity." UNESCO. 2016. Accessed

January 02, 2017. http://en.unesco.org/themes/protecting-our-heritage-and-fostering-creativity. 7 "Intangible Cultural Heritage." Culture/natlaws. Accessed January 02, 2017. http://portal.unesco.org/en/ev.php-

URL_ID=13147&URL_DO=DO_TOPIC&URL_SECTION=201.html. 8 Ibid.

9 Https://www.facebook.com/unesco. "Protecting Our Heritage and Fostering Creativity." UNESCO. 2016.

Accessed January 02, 2017. http://en.unesco.org/themes/protecting-our-heritage-and-fostering-creativity. 10

"Strategic Plan." Strategic Plan- ICOM. Accessed January 02, 2017. http://icom.museum/the-vision/strategic-plan/. 11

"Object ID." Object ID- ICOM. Accessed January 02, 2017. http://icom.museum/programmes/fighting-illicit-traffic/object-id/.

natural disasters. Thus, they work extensively with the US Military, UNESCO, ECOSOC, and

WIPO divisions of the UN, as well as the World Customs Organization (WCO), and the

International Council on Archives.12

The ICA, or International Council on Archives, is an organization dedicated to quality

archival management and physical protection of recorded heritage. Though most of the

organizations work comes through advocacy, the group works to set standards as to how

records should be protected and maintained. ICA collaborates closely with both ICOM and

UNESCO to achieve this. In further spirit of collaboration, the council works to promote

dialogue between archivists, policy makers, creators and users of archives.13 The ICA has

developed an extensive network of over 1,400 members in 199 countries.14 Some of the most

urgent current movements for heritage protection come from some of the most dire areas of

the world. For example, there are currently extensive efforts to maintain certain archaeological

sites in Syria, as humanitarian crises and war have plagued the state. The Association for the

Protection of Syrian Archaeology has partnered with World for Peace and the UK Division of the

Blue Shield to publicize “no strike zones,” as an attempt to avoid the destruction of certain

historically and culturally significant property.15 Furthermore, similar calls for protection were

seen in the Philippines in 2013, when an earthquake threatened the existence of numerous

important landmarks.16

Analysis

The preservation of cultural heritage, both intangible and tangible, is one that faces

challenges from many dimensions. One of the most pressing issues as of yet is the preservation

of cultural heritage in areas of conflict. An example of this is impact that ISIL is currently having

in areas that they control and are contesting. In regards to intangible heritage, militant groups,

especially those motivated by ideology, impose cultural and ideological restraints within the

territory they occupy, resulting in fewer “practices, representations, expressions, knowledge,

skills”. The enforcement of this ideological uniformity is often conducted in violent methods,

further impacting the cultural identity of the Iraqi and other people. Tangible cultural heritage,

however, is important to reinforcing groups’ intangible cultural heritage. Important sites that

are considered to be sacrilegious are destroyed in the name of the terrorist group’s ideology,

while intangible heritage. These sites, both important in their history and what they offer to the

12

"USCBS Mission." Uscbs.org. Accessed January 02, 2017. http://uscbs.org/uscbs-mission.html. 13

"The International Council on Archives." The International Council on Archives | International Council on Archives. Accessed January 02, 2017. http://www.ica.org/en/international-council-archives-0. 14

Ibid. 15

"Preserving Cultural Heritage: A Worldwide Cooperative Effort." Global Currents. Accessed January 02, 2017. http://publish.illinois.edu/globalcurrents/2014/04/04/preserving-cultural-heritage-a-worldwide-cooperative-effort/. 16

Ibid.

people of Iraq and the surrounding area, include places of worship such as Shiite Mosques and

shrines.

Furthermore, artwork and artifacts that reinforce cultural identity are being stolen by

armed groups. This issue is magnified in scale by illicit trafficking in surrounding countries,

which facilitates the flow of these heritage items out of the region and into more affluent

nations, where they may be resold17. However, cultural heritage is not only at threat from

terrorist groups like ISIL. As many countries push their economies towards increased growth,

both national and local cultural heritage comes under attack from forces such as globalization

and natural resource exploitation. Globalization is an ever increasingly powerful economic,

social, and political force that has a serious impact on the cultural heritage of many nations. For

example, in Nigeria, traditional cultural values and customs are being replaced with those of the

West, a side effect of the dominance of Western businesses and financial institutions18.

Education also plays a large role in respect to the degradation of cultural heritage, for in many

schools and universities, curriculum is being modeled after Western practices of education and

Western values are being taught. Furthermore, information technology, inseparable from

globalization, is also having an important impact on cultural heritage, since the way information

is being documented is changing, sometimes in ways non-aligned with traditional methods.

Indigenous minority groups are especially under threat from these forces. In many instances,

such as with the Dakota Pipeline, forces of commerce are causing indigenous groups to

significantly change their ways of life. Indigenous groups have strong ties to their land and rely

on it extensively for both natural resources which sustain them and their knowledge.19 As

armed conflicts continues to erupt across the world, fueled by political, social, and economic

motivations, and forces like globalization continue to expand with international trade

agreements, the preservation of intangible cultural heritage must be considered in respect to

these issues.

Conclusion

With rising levels of globalization, the world is pushing unique ICH to the fringes of

global culture. What was once a global society dominated by individual and unique cultural

practices has instead shifted to a global climate where a few specific cultures have become the

17

"Destruction of cultural heritage by ISIL." Wikipedia. Accessed January 02, 2017. https://en.wikipedia.org/wiki/Destruction_of_cultural_heritage_by_ISIL. 18

"Globalization of Cultural Heritage: Issues, Impacts, and Inevitable Challenges for Nigeria." Globalization of Cultural Heritage: Issues, Impacts, and Inevitable Challenges for Nigeria Mercy U. Nwegbu, Cyril C. Eze, Brendan E. Asogwa. Accessed January 02, 2017. http://unllib.unl.edu/LPP/nwegbu-eze-azogwa.htm. 19

Sammon, Alexander, Tony Webster/Flickr, Laura Smith, Becca Andrews, and Mark Murrmann. "A history of Native Americans protesting the Dakota Access Pipeline." Mother Jones. Accessed January 02, 2017. http://www.motherjones.com/environment/2016/09/dakota-access-pipeline-protest-timeline-sioux-standing-rock-jill-stein.

model for all societies. It is now up to the United Nations to protect the cultural traditions of all

societies worldwide. Progress has been made through the actions of UNESCO, ICOM, Object ID

and ICA however more work is necessary to ensure that all marginalized cultural practices are

maintained. We find ourselves at a critical point where the SOCHUM General Assembly of the

UN has been tasked with solving this problem and delegates of this body must take immediate

and collective action to ensure this mission is carried out.

Questions to Consider

How should technology be incorporated into the issue?

How should we go about educating populations of this issue?

What unique challenges influence the protection and maintenance of sites around the world?

How should we spread awareness of the issue and gain recognition?

What is the role of the UN moving forward?

II. The Use of Private Military and Security Companies

Statement of the Issue

The issue of Private Military Companies (PMCs) has come into greater prominence in the

late 20th and early 21st century. Although opinions differ on the exact roles and powers of a

Private Military Company, PMCs are generally held to be international organizations providing

professional military or military-related services to nations, organizations, individuals and the

like. With the growth of PMCs in the late 20th century, the United States alone is thought to

have sent “more than 26,000 private workers to Iraq and Afghanistan”20. Unlike other national

and international military services, private contractors often fall outside the jurisdiction of

national and international entities due to their cross-border nature. While many PMCs are

involved in paramilitary services, the increasing instances of private contractors engaging in

combat have aroused greater international attention. The problem this poses is the graduated

blurring between the characteristics of PMCS as opposed to internationally condemned

mercenaries. While conflicts and international tension due to this has only escalated,

international law has yet to be sufficiently updated and enforced, posing significant challenges

to international security in the future.

History

20

"Runaway Spending on War Contractors." The New York Times. 2011. Accessed January 02, 2017. http://www.nytimes.com/2011/09/18/opinion/sunday/runaway-spending-on-war-contractors.html.

The late 20th century saw the rise in a new industry of Private Military Companies. The

beginnings of this new industry can be traced back to the Cold War, as during the Cold War,

nations maintained large militaries in preparation for potential conflicts; however, as the Cold

War came to a close and as military tension slowly started to disappear, nations lost the need

for large militaries. Suddenly, millions of soldiers were left without jobs. Thus in order to keep

their troops, military officers formed private companies. Prominent PMCs such as Military

Professional Resources Inc., DynCorp and many more were organizations set up for this

purpose, employing former military personnel21. The use of private military groups has only

increased since the Cold War with the rise of this new industry. For example in 2006,

Blackwater USA announced plans to provide a brigade for “low-intensity conflicts”22. While

there are some PMCs that engage in combat to end rebellions or restore governments, there

are others that are contracted out for purely paramilitary services that do not challenge

international and national policies. These companies contract out specialized services such as

medical support or training. Examples of such firms include Chilport, a U.K based company that

undertakes canine training.23

In terms of UN engagement on the issue, a draft resolution was introduced around 2011

to urge “the international community to regulate private military security contractors”.24

However, many Western nations continue to use PMCs in limited range conflicts, and thus the

resolution did not pass. The UN itself is “increasingly turning to PMSCs in its missions abroad”25

because UN peacekeepers have limited ability to end conflict and are becoming targeted in

violent areas in recent years. This dichotomy of use of PMCs while the UN Working Group on

the Use of Mercenaries speaks out against them leaves us in our current state of internal

conflict regarding the issue.

Current Situation

21

"List / Directory of PMCs or Private Military Companies (contractors, firms) | Corporate Profiles, Services, Capabilities, Locations, Commercial Evolution | Expert Solutions in Areas of Combat Support, Field Security, Military Training, Defense Intelligence, and Reconstruction." List / Directory of PMCs or Private Military Companies (contractors, firms) | Corporate Profiles, Services, Capabilities, Locations, Commercial Evolution | Expert Solutions in Areas of Combat Support, Field Security, Military Training, Defense Intelligence, and Reconstruction. Accessed January 02, 2017. http://www.privatemilitary.org/private_military_companies.html. 22

"World Tribune.com -- U.S. firm offers 'private armies' for low-intensity conflicts." World Tribune.com -- U.S. firm offers 'private armies' for low-intensity conflicts. Accessed January 02, 2017. http://www.worldtribune.com/worldtribune/06/front2453824.0319444444.html. 23

"Private Military Companies." Private Military. August 4, 2014. Accessed January 2, 2017. http://www.privatemilitary.org/publications/private_military_companies.pdf. 24

"Global Policy Forum." UN Seeks Controls on Private Armies. Accessed January 02, 2017. https://www.globalpolicy.org/pmscs/50442-un-seeks-controls-on-private-armies.html?itemid=1455. 25

Administrator. "Global Policy Forum." PMSCs & the UN. Accessed January 02, 2017. https://www.globalpolicy.org/pmscs/50225-pmscs-a-the-un.html#UNuse.

Today, private armies are bigger, more profitable, and more controversial than ever. If

one were to list the largest private employers in the world, they might start with simple choices

like “Walmart,” or “McDonalds.” However, what most would not know is at nearly six hundred

and fifty thousand employees, British multinational security firm G4S is the second largest

private employer in the world. According to the United Nations, private armies have moved

from a specialized niche into a global trade worth as much as $100 billion.”26

This facet of security has become such a massive field due to a variety of factors. In the

interest of saving money, Western government contract private firms to assume both the cost

and risk of putting soldiers on the ground. The astounding part, however; is just how ubiquitous

private contractors have become. For Example, “When the American consulate in Benghazi,

Libya, was torched in September, locals hired by Blue Mountain… were on guard. When… the

Shabab, a terrorist group, out of Kismayo.”27 Private armies have evolved to the point where

instead of being a tool used on occasion by large Western powers, they are a go to option to

fight terror, kill mercenaries, and restore peace.

The main issue with these firms is the lack of oversight-- it’s hard to monitor and

reprimand a private institution that values its autonomy. In 2007, Blackwater, who is the largest

American private army and is based in North Carolina, was sued over the death of 17 Iraqi

civilians.28 Blackwater employed some of the nearly 20,000 private soldiers contracted to Iraq

by the U.S. Government.29 As a local put it: “I went outside the shop to see a convoy of SUVs

with security guards shooting randomly at people.”30 The scandal shook the group so much

they changed their name-- twice. In many ways, while private armies can be a wonderful asset,

they are also a massive liability. When licensing a private firm to act in such sensitive

circumstances, the government is responsible for every step and misstep while these men and

women are overseas. The issues with, and responsibility for, these groups cannot take away

from the effectiveness they often have. In June of 2012, the UN found a privately contracted

anti-piracy unit off of Somalia to among the best at the task. The founder of the unit-- the

former head of Blackwater.

The matter of private armies will likely see some critical moments in future years. With

the Army looking to cut about fifty thousand service members, and the Marines twenty

26

Johnson, Luke McKenna and Robert. "A Look At The Largest Private Armies In The World." Business Insider. 2012. Accessed January 02, 2017. http://www.businessinsider.com/worlds-most-powerful-mercenary-armies-2012-06?op=1%2F#curity-giant-g4s-is-the-second-largest-private-employer-on-earth-1. 27

"Bullets for hire." The Economist. 2012. Accessed January 02, 2017. http://www.economist.com/news/international/21566625-business-private-armies-not-only-growing-changing-shape-bullets-hire. 28

Ibid. 29

Ibid. 30

Zoe Brennan for the Daily Mail. "Blackwater, the world's biggest private army, faces a terrible charge - that they were on a crusade to wipe out Muslims." Daily Mail Online. 2009. Accessed January 02, 2017. http://www.dailymail.co.uk/news/article-1205625/Blackwater-worlds-biggest-private-army-faces-terrible-charge--crusade-wipe-Muslims.html.

thousand, a vacancy will be created and private armies are a likely solution.31 Whether a

private, for-profit firm, in a billion dollar industry, with “trigger-happy” tendencies can be

trusted with the reputation of United States is a matter for the US government to discuss.

Analysis

Currently, there are several international issues posed by the usage of private armies.

First, there is the issue of the exploitation of soldiers, via the recruitment of individuals living in

poverty and in developing nations. These individuals are vulnerable to being paid very low

wages for the commitment of their life to the corporation responsible for the private army. An

example of this is Defion Internacional, which recruits soldiers from Peru, a country that has

suffered violent conflict, paying them low wages and sending them to work alongside militaries,

such as that of the U.S. Furthermore, these ‘discount’ soldiers are often assigned to the most

dangerous and difficult missions.32

An additional issue is that of the privatization of state violence. This refers to the ability

of actors in areas of conflict to hire soldiers for other nations, such as in the case of the German

PMC Asgaard. This company was hired by a self-appointed Somali president who was able to

dramatically change his political position in the country, and thus the nature of the conflict.

Many politicians from the countries in which the PMCs are based have issues with the

involvement of their citizens in a conflict. One aspect of this is that the companies are

representing their origin nations. If the foreign policy of a nation is being constructed in a

particular way, these PMCs could have a disrupting effect, possibly leading to greater conflict.

Another issue is that of hostages. Many militant groups against which PMCs have been

deployed would find a strategic advantage in gaining hostages from first world nations. It would

then be an issue that transcends the scope of the PMC, since the foreign government would

then have to become involved.

Furthermore, when PMC’s are involved, there is chance for atrocities to be committed.

These forces are not under the direct supervision of their country of origin or their client

country, meaning that they may not be as accountable as traditional soldiers. An example of

this is the massacre committed in Iraq by private soldiers of Blackwater, when they opened fire

on Iraqi civilians. In this case, there was a precedent in the U.S. for the prosecution of private

soldiers, however in many other countries, legislation concerning private soldiers does not yet

exist. There is also the issue of PMC’s being used as private security for companies exploiting

31

Johnson, Luke McKenna and Robert. "A Look At The Largest Private Armies In The World." Business Insider. 2012. Accessed January 02, 2017. http://www.businessinsider.com/worlds-most-powerful-mercenary-armies-2012-06?op=1%2F#curity-giant-g4s-is-the-second-largest-private-employer-on-earth-1. 32

"Straining 'hearts and minds' – the problem with private militaries." Army Technology. Accessed January 02, 2017. http://www.army-technology.com/features/featurestraining-hearts-and-minds-the-problem-with-private-militaries-4418206/.

natural resources or the people of developing nations. PMC’s are hired for these kinds of

missions since they don’t have the same accountability or ethics as traditional armies. A notable

instance of this occurring is in Bosnia, where PMC’s were alleged to be support sex-trafficking

and the abuse of minors. 33

Conclusion

Use of PMCs has reached a critical level over the past 20 years, and it is up to the

SOCHUM general body to decide their future. International law has so far lagged behind the

usage of PMCs and their actions must be restricted and regulated. Currently their actions have

blurred the line between themselves and internationally condemned mercenaries. They have

become a multi-million-dollar industry and have gained large influence to affect domestic

decisions. It is crucial that this general body takes into account the history, and current analysis

of the problem to come up with long term and short term solutions which will address

problems of national sovereignty, potential actions and accountability.

Questions to Consider

Where does the legality of PMCs lie?

Do PMCs violate National Sovereignty and should this practice be stopped?

How much force should PMCs be allowed to use in the field?

How should the UN keep PMCs accountable for their actions and punish them when

they cross the line?

33

"10 Frightening Facts About Private Military Companies." Listverse. 2014. Accessed January 02, 2017. http://listverse.com/2014/01/07/11-frightening-facts-about-private-military-companies/.