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HNMUN 2013

European Court of
Human Rights

Dear Delegates,
It is with great excitement that I welcome you to Harvard National Model United Nations 2013! My name is Gillian Farrell
and it is my honor to serve as your Secretary-General for the 59th session of HNMUN. I am currently a senior at Harvard
concentrating in Chemistry with a Secondary Field is Government. Originally from Long Island, New York and Dublin,
Ireland, I have had the chance to grow up in two different areas of the world and to travel extensively opportunities to which
I attribute my love of international affairs. I have been a part of Model United Nations since my freshman year of high school
(HNMUN 2013 will be my seventeenth conference) and also staff some of Harvards other conferences, including HMUN and
WorldMUN. In my time spent apart from Model UN, I work at the Harvard College Admissions Office and at the Harvard
Business School, and I enjoy roaming around the Boston-Cambridge area and having extended meals with friends.
This document will provide you with Welcome Letters from your Under-Secretary-General and your Director, the Study
Guide for your committee, and the Rules of Parliamentary Procedure. The entire Secretariat and Senior Staff have committed
countless hours to ensure that the substance and presentation of this document are of the highest quality, and that you are
provided with the most useful tools to succeed at conference. Each Director has worked over the past eight months to provide
you with the foundation necessary to continue your own exploration of the topic areas. We look forward to working with you
to continue HNMUNs tradition of substantive excellence.
Apart from this document, you will also be able to access a number of additional documents that will aid in your preparations
for conference. Our Guide to Delegate Preparation reviews the substantive side of HNMUN, highlights differences between
our session and other MUN conferences, and explains our policies on substantive matters, such as the award selection process
and position papers. It also includes our updated Rules of Parliamentary Procedure, which are also found at the end of this
document. Our Guide to First Time Delegations provides information regarding substantive and logistical issues for those
new to HNMUN, and includes a timeline for delegate preparation. The Guide to Starting a Model UN Team outlines the
steps necessary to establish and expand a universitys MUN organization. Finally, Update Papers to committee Study Guides
will be posted in late November to provide further exploration and/or recent news developments concerning the topic areas.
If you have any questions about this document, the other Guides, or your committee in general, please do not hesitate to
contact your Director or your Under-Secretary-General. They are truly excited to meet you all and are eager to address any
concerns you may have before, during, or after the conference. I hope you enjoy reading the following Study Guide, and I
cannot wait to hear about your ideas this coming February!

Sincerely,

Gillian T. Farrell
Secretary-General
Harvard National Model United Nations 2013

Harvard National Model United Nations 2013

Economic and Social


Council and Regional
Bodies
Dear Delegates,

It is my distinct pleasure to welcome you to the Economic and Social Council and Regional Bodies at Harvard
National Model United Nations 2013! My name is Kefhira Pintos, and I will be serving as your Under-Secretary-General for
this conference. I am currently a junior at Harvard College, studying Social Studies with a focus on sports as agents of social
change and a secondary field in Romance Languages and Literature. I have directed the UNICEF Committee at HNMUN
2012 and HNMUN-Latin America 2012. Born in Miami, FL, I have spent part of my life abroad living in Buenos Aires,
Argentina and therefore am an avid futbol fan. I love a good beach day, trying new foods, travelling to new places and serving
as the Photography Editor for Harvards award-winning Yearbook.

In addition to myself, the Economic and Social Council and Regional Bodies consists of almost forty other dedicated
and experiences members of the Harvard community that will serve as your Directors, Assistant Directors and Moderators.
These members hail from all over the world and will be the ones whom you will have the most contact in your committees.
They are as excited as I am to meet you and share a fantastic experience at conference.

This year, the committees we are running for the Economic and Social Council and Regional Bodies are: the
United Nations Human Rights Council, the Global Health Cluster, the United Nations Educational, Scientific and Cultural
Organization, the United Nations Commission on Science and Technology, the Commission on the Status of Women, the
Commission on Sustainable Development, and the International Atomic Energy Agency, 1957. Our Regional Bodies include
the European Court of Human Rights and the Organisation of Islamic Cooperation. Come prepared to discuss topics of
pressing importance, like religious freedom, the Pakistan-Israel situation, the advent of genetic testing and administrative
detention. Be prepared to engage in committees with moderate sizes that will challenge your skills in coalition-building and
rapid discussion. The world and this conference needs and looks forward to your leadership and enthusiasm and by immersing
yourselves in the committees stimulating environment of international affairs, you will take a giant step forward to helping
resolve our generations problems.

Please do not hesitate to contact me with any and all questions and concerns involving the Economic and Social
Council and Regional Bodies before, during and after the conference. I look forward to seeing you all, winter coats and all,
this upcoming February for HNMUN 2013.
Sincerely,

Kefhira Pintos
Under Secretary General for the Economic and
Social Council and Regional Bodies
Harvard National Model United Nations 2013

Harvard National Model United Nations 2013

European Court of Human Rights

European Court of Human Rights

Introduction

European Court of Human


Rights
Topic Area A: Freedom of Religion
Topic Area B: Anti-Terror Laws
Dear Delegates,
Congratulations on choosing the European Court of Human Rights for the 59th session of HNMUN!
My name is Gabriel Rosen and Im a sophomore at Harvard, majoring Economics and receiving a minor in History. I
was born and raised in Boston and have lived here all my life, apart from the gap year I spent in Israel after high school.
European history and culture have always been special subjects to me, and in addition to my studies, I have spent the
past two summers working as a tour guide in Rome.
The problem of religious liberty is one that has existed for centuries, and while Europe does protect religious freedom
for all its citizens, many countries have passed laws that are seen to ensure the liberty of their citizens but in reality may
be a violation of it, an issue that we will explore further in our first topic. Additionally, in the wake of the 11 September
attack on the United States and the terror attacks in London and Madrid in 2003 and 2005, respectively, Europe has
been attempting to strategize against the increasing threat of terrorism. Just as George W. Bush, former president of the
United States, pushed the controversial Patriots Act through Congress in 2001, various European countries, most notably
Great Britain, have enacted anti-terror laws that include trial procedures, methods of surveillance, and censorship of the
media. These issues and more will be the focus of our discussion at this years meeting of the European Court of Human
Rights.
I hope you are excited as I am about HNMUN 2013, and if you have any questions in the coming months, please feel
free to email me. I look forward to meeting each of you in Boston in February!
Sincerely,

Gabriel Rosen

Harvard National Model United Nations 2013

Thousands of cases are submitted to the ECHR


every year from all across the EU, and the decisions
this committee makes are considered binding and are
expected to be respected.
Religion was one of the first categories of human
rights with which the court was forced to address. Its first
major case, Marcini v. Italy lead to a decision banning the
presence of religious crosses, symbolic of Jesus Christ in
many Christian denominations, in Italian public schools
in 1953.1 Since then, the court has ruled on hundreds of
cases involving religious freedom, freedom of expression,
right to privacy, and even right to marriage.
The first of our topics is a common one in the ECHR:
religious freedom and human rights. With this topic, this
committee will discuss the increasing number of laws
that have been imposed on populations without regard
of their religion, paying particular attention to laws
surrounding the practice of circumcision. The second
topic will address one of the newest issues with which
the court has dealt: balancing of the threat of terror
with the various rights of judicial process guaranteed by
the European Convention of Human Rights. The fear of
terrorist attacks in a state, always a powerful motivator,
has resurfaced since the September 11th attacks. This
wariness has prompted many Western nations that
feel threatened by terrorism to adopt preventative
measures. Keep in mind that there are different standards
concerning the two areas and how that comes into play.
In addition, while many of the methods used only apply
to discouraging foreign terrorism, many countries have
to deal with domestic terror organizations as well. The
need to combat threats of domestic terror leads to very
different measures adopted. For example, this leads to
issues of surveillance and control that a country exerts
upon its own citizens. 2

As it stands today, there are 47 European states that


have ratified the Convention, and thus 47 nations that fall
under the jurisdiction of the ECHR.4 Once the application
of an individual is admitted to the court, the court has
the power to conduct an investigation into the topic,
with member states obliged to furnish all assistance
and compliance requested. The issue then is sent to the
Grand Chamber of the Court where it is voted upon by
all the judges. The decision is final and must come into
effect three months following the decision. The ruling is
via majority. The Committee of Ministers of the Council
of Europe is in charge of supervising the execution of the
Courts judgment, however he Court cannot effectually
repeal the domestic law of a nation. There has not yet
been a case where a nation has refused to comply with
the courts decision.5
There is only one judge per country who is elected for
one nine-year, non-renewable term. Each state has the
right to nominate three candidates for the position, and
the Parliamentary Assembly of the Council of Europe votes
the nominees on. Judges are beholden to the Council of
Europe with no ties to the country they hail from. Judges
can only be dismissed from office mid-term if they engage
in actions that interfere with the independence of the
court. Dismissal from the court must be voted on by a 2/3
majority of the Court. This has yet to happen in the history
of the court.6

History of the Committee

Topic Area A: Freedom of Religion

The European Convention of Human Rights


established the European Court of Human Rights (ECHR)
on 21 January 1959. The European Convention on Human
Rights was a treaty first composed in 1950 as piece of
international legislation with the purpose of protecting
human rights and freedoms of the peoples of Europe.
It was largely drafted in response to the human rights
violations of Word War II, most notably the Holocaust, with
the hope of ensuring that such violations would never be
repeated. The convention was also, in large measure, a
reaction to the growth of communism in Eastern Europe,
with the idea that the fellow nations of the Council of
Europe would come to one anothers aid if the rights

Gabriel Rosen
346 Cabot Mail Center
Cambridge, MA 02138
gabrielrosen@college.harvard.edu

outlined in the Convention were ever jeopardized by the


threat of communism. The Council of Europe drafted the
Convention, and all member states wanting wishing to
remain a part of the Council of Europe were required to
ratify this treaty. Article 19 of this Convention explicitly
provided for the creation of the European Court of Human
Rights, the purpose of which would be to interpret and
enforce the protocols of the Convention as it deals with
cases of individuals against states or states against states.
3

History and Discussion of the Problem


Europes Heterogeneity
Europes geographic barriers, along with thousands
of years of conquest, have combined to make Europe
one of the most diverse areas in the world, politically
and culturally. The European Union recognized 20 official
languages and about 60 other indigenous and nonindigenous languages and 43 religions in its 50 countries.7
Since World War II, Europe has been the destination
of millions of immigrants seeking job opportunities.
Also, after the decolonization of large regions that were

Harvard National Model United Nations 2013

European Court of Human Rights


previously part of various European empires in the
second half of the 20th century, millions of people from
former colonies relocated to their former colonizers
lands - Algerians to France, Indians and Pakistanis to
England.\, and South Americans to Spain. While these
small communities may seem negligible, the high birth
rate of immigrants as well as the extremely low birth rate
of many Europeans has combined to make these groups
a substantial presence in Europe.8
Because of Europes heterogeneity, it has also been
the site of numerous conflicts and wars over the centuries,
many of which focused on or developed because of a
struggle for religious freedom. In many ways, the conflicts
of World War II highlighted the existing tensions that
in Europe that had existed for centuries: tensions that
divided populations not just by race, but also by religious
convictions.
European Convention of Human Rights
After World War II, a group of 27 countries convened in
1960 to form the European Convention of Human Rights.
At this meeting, they drafted a document outlining

European Court of Human Rights


the basic human rights that could not be violated by
individuals or states. The Convention includes many of
the same issues and topics found in the United States Bill
of Rights, including freedom of religion, free speech, right
to life, and right to due process. It also includes some
elements that are slightly less familiar, such as the right
to marry, the prohibition of slavery, and the prohibition of
torture. Furthermore, Article 9 guarantees the freedoms
of thought, conscience, and religion. The protection
it affords is of such significance that the judges of the
European Court of Human Rights have regarded it as one
of the cornerstones of democratic society. The freedoms
that Article 9 guarantees have two essential aspects:
internal, covering the freedom to hold convictions and
beliefs, and external, covering the freedom to manifest
ones convictions and beliefs.9 All of the countries of the
EU have currently signed on to the ECHR affirming their
commitment to the rights to freedom of religion as
guaranteed under the Convention.10 Furthermore, Article
10 guarantees the freedom of expression, guaranteeing
an individuals right to hold opinions and receive

Political Map of Europe

Economic and Social Council and Regional Bodies

impartial information. The Article states that there are


some restrictions to this right, depending on particular
laws necessary in a democratic society, interests of
national security, and territorial integrity or public safety.
Furthermore, Article 11 declares that everyone has the
right to freedom of peaceful assemble and association
with others, including for religious purposes.
Categorization of Religious issues
Religious issues can often be divided into two
categories. First, there are those issues in which one
religion seems to be accorded special privileges in
comparison to another. For example, in Greece, only
Greek Orthodox clergymen are exempt from taxes, while
other religious figures are forced to pay these taxes. A
second, more controversial, example is state funding for
religious organizations, such as Catholic schools in France
or religious hospitals in Italy. It must be noted that this
tendency to tie religion and state is contrasted by the
United States practice of separation of church and state
where the government promotes neither religion nor
secularism.
The first category of religious issues is often classified
as religious discrimination. Some religions, especially
non-Western ones like Judaism, feel that they are actively
discriminated against. The Islamic community has lead the
charge against religious discrimination in Europe feeling
that their religion has been targeted because of political
and demographic fears prevalent in Europe. Allegations
include difficulty finding employment among Muslim
women who were headscarves and men being fired from
work because of their beards. Muslim communities have
often spoken out about having little to say in issues that
affect their faith, like building a prayer hall. In Catalonia,
Spain, Muslims are forced to pray in the streets because of
a lack of prayer hall, as an Amnesty International Report
found. Similarly, in Switzerland mosques are banned from
having minarets.11Other groups, that one might refer to

as cuts, feel that they are even denied the title of religion
and are often suppressed and targeted unfairly and are
not allowed to practice in the way they see fit.12
The second category involves situations in which
religious practice in general is seen to conflict with human
rights. The most high profile of these issues that Europe
has seen in the recent years is the French prohibition of
a womens wearing of a burqa. The French Senate passed
this ban in September 2010, resulting in the ban on
the wearing of face-covering headgear. The ban, under
French President Nicolas Sarkozy, is the first of its kind in
the world, arguing that it contradicts the secular values
their nation of dignity and equality. Women donning the
veil are subject up to a year in prison and a 30,000 euro
fine. The fine can be doubled is the veiled person is a
minor. Five million Muslims are affected by this ban. These
aggrieved members of the French national argue that the
ban encroaches on individual freedoms and contributes
to the stigma against the countrys number two religion.13
Frances ban followed a 2004 French ban of headscarves
from state primary and secondary schools under a law
against conspicuous religious symbols, including the
Jewish kippa and large Christian crosses. Other nations
in Europe are taking similar steps. The Netherlands may
be following in their neighbors footsteps as a Dutch
minority coalition formed in 2010 is seeking to introduce
a boad ban of full-face veils in public spaces. In Italy, there
is no national ban but some towns have tries to ban
burqas with local decrees. Belgium voted in 2010 to ban
full veils but the law has yet to go into effect. In Turkey,
Islamic veils or headscarves are prohibited at universities.
Finally, one region in Germany, Hesse, is the only one
to ban face veils for public sector workers. Seven of the
nations 16 states have banned teachers in state schools
from wearing Islamic headscarves.14

Some of the religious symbols banned in parts of Europe

Harvard National Model United Nations 2013

European Court of Human Rights


Religion and Circumcision
Two main religions, Judaism and Islam, include
circumcision as a rite of passage. In order to fully
understand the case at hand, one must understand the
roots of this act. Jewish Law states that circumcision is
obligatory for Jewish-born males, on the eighth day of life
(health permitting) and for non-circumcised Jewish male
converts. According to Jewish scripture, God commanded
Abraham to be circumcised and to circumcise his
family and his household, an act to be followed by his
descendants, saying This is My covenant, which ye shall
keep, between Me and you and thy seed after thee:
every male among you shall be circumcised. And ye
shall be circumcised in the flesh of your foreskin; and it
shall be a token of a covenant betwixt Me and you.15 In
Islam, circumcision is not mentioned in the Koran but
according to many accounts was practiced by the Prophet
Muhammad. There is a dispute among Islamic scholars
as to whether circumcision is a requirement or simply
laudable. While endorsing circumcision for males, Islamic
scholars note that it is not a requirement for converting
to Islam. Many feel that it is the identifying feature of a
faithful Muslim male.16
Previous Religious Cases
Certainly most high-profile religious issue Europe
has faced in the past decade is how it has confronted the
growth of Islam and the Muslim population as a whole.
Most notably, in the mid 1990s, a law in France banned
proselytizing by persons of any faith. This was interpreted
as prohibiting the wearing of the Hijab, head cover worn
by devout Muslim women as a form of protection and to
display modesty. The Minister of Education at the time
went so far as to order all Muslim women wearing the Hijab
to be expelled from schools. However, it is important to
note that no action was taken against Christians wearing
a cross, Sikhs wearing a turban, or Jewish males wearing
a Yarmulke. There was, of course, strong backlash from
Muslim activist groups who pressed that not only was the
law discriminatory, but also constituted a violation of their
right to religious freedom. While it has long since been
established that religious freedom cannot be used as an
excuse for violence or any other violation of the law, if it
perpetuates a negative stereotype or is unnecessarily
oppressive the question becomes - can the state get
involved?
The one sidedness of these restrictions has not
gone unnoticed by the leaders of the rest of the world.
Hillary Clinton has publicly gone on record condemning
the French ban on the niqab and burqa as well as other
possible violations of religious freedom. Switzerlands
minaret ban has also received public opposition from
Amnesty International and other non-governmental

European Court of Human Rights


organizations that claim that the ban only aims to
encourage xenophobia for political gains.

Current Situation
Balancing Protection of the Populace with Religious
Rights
At the request of the childs parents, a German doctor,
performed a circumcision for religious purposes a 4-yearold Muslim German child. The operation was performed
under a local anesthetic using a scalpel. The Doctor
proceeded to sew the childs wounds with four stitches
and gave the child further treatment during a house call
later that evening, according to Court documents. Two
days later, the child had to be hospitalized due to bleeding
of the wound. The severity of the complication alarmed
the nurses and doctors that came into contact with the
child and were forced to alert social services. A preliminary
investigation of malpractice on a minor reached the
Cologne public prosecutor, who prosecuted the doctor
under German criminal law. The Cologne District Court,
hearing the case in the first instance, acquitted the doctor
on the grounds that there was no medical error and the
law at the time was unclear in regards to circumcision,
therefore the act could no be held unlawful.
The prosecutor appealed the case, where the appellate
court upheld the acquittal of the doctor. The court took
into consideration an inherent constitutional limit to the
religious rights of parents, a limit breached by religious
circumcision. The court confirmed that the childs body
has been permanently and irreparably changed which
could affect the childs own religious interests later in
life. However, the acquittal was upheld due to the lack
of intellectual maturity of the child to give consent as
well as German Basic Law that under Article 4 states that
The care and upbringing of children is the natural right
of parents and a duty primarily incumbent upon them.
Moreover, the acquittal, however, was upheld according
to an unavoidable mistake of the law, where the law is
not specific therefore the defendant could not be held
liable for the charges brought up against him. .17
Despite the acquittal of the doctor, the appellate
court declared it illegal for parents to decide on religious
circumcision for their sons. Stating that non-medically
necessary circumcision can cause serious and irreversible
interference in the integrity of the human body, the court
held that the rights of the parents to provide for their
children and their religious freedoms are not sufficient
justifications for imposing harm upon them. Critics have
risen concerns over the courts contrary decision to the
human rights charter of the European Union.18

Economic and Social Council and Regional Bodies

Past International Actions


Universal Declaration of Human Rights
The UN General Assembly adopted the Universal
Declaration of Human Rights in 1948 in Paris, France.
The declaration came about as a direct result of World
War II and serves as the first global declaration of rights
that all humans are entitled to. While the Declaration
has been argued to have a Western bias, there are a
number of articles that pertain to the issue and legality
of circumcision. Article 3 expresses the right to life, liberty
and security of person for all while Article 5 states that no
one should be subjected to torture, cruelty, or degrading
treatment or punishment. Moreover, Article 6 expresses
the right to recognition everywhere and Article 7 states
that all are equal before the law and therefore entitle
without any discrimination to equal protection of the
law.19 Relating to circumcision, this Declaration can be
useful in defining the terms of torture and cruelty as well
as security of a person. If circumcision is considered to
be against these clauses, therefore a country would be in
violation of the Declaration.
Convention on the Rights of the Child
In understanding the importance of this case, as a
court, we must recognize the Convention on the Rights of
the Child. The Convention was adopted by the UN General
Assembly and opened for signing on 20 November 1989,
coincidentally the 30th anniversary of the Declaration on
the Rights of the Child. The Convention came into force
on 2 September 1990. Currently every member party has
signed the Convention with the exception of Somalia,
South Sudan, and the United States. The following articles
pertain to the child and rights to protection of their own
interests.
Article 3 opens the Convention by declaring that
all actions concerning children, whether undertaken
by public of private institutions, must have the childs
best interests as their primary consideration. The article
declares it the state parties responsibility to protect and
care for a childs well being, taking into account the rights
and duties their parents, legal guardians, or others who
are legally responsible for them. Furthermore, institutions,
services, and facilities that are responsible for this care
must conform to the standards established by the states
authority figures. Article 8 of the Convention asserts each
childs right to preserve their identity, including nationality,
family, name, and family relations as recognized by law.
The State also has a duty, under this article, to provide
assistance and protection if this right is violated. Article
14 declares that all signatories must respect each childs
freedom of thought, conscience and religion as well the
parents right to provide direction to the child. However,

freedom to manifest ones religion or beliefs may be


subject only to limitations dictated by law. Finally, Article
19 states that parties under this article agree to protect
the child from all forms of violence, injury, abuse, neglect
or exploitation.20
The Convention, again, declares the rights of a child.
In regards to circumcision, the Convention delineates at
which point a government has the right, and moreover
duty, to step in and protect the child. If circumcision
were to be considered detrimental to the child, then the
government would theoretically have to fulfill its duty in
protecting such child and maintaining that he or she has
the proper security and channels of protective measures.
UN Declarations about Child Circumcision
As of 2007, the United Nations asserted that male
circumcision must be recognized as an additional and
crucial step to curbing heterosexually acquired HIV. After
a number of scientific, randomized controlled trials in
Kenya, Uganda, and South Africa, the UN recognized that
male circumcision decreased the risk of infection by up to
60 percent. The UN World Health Organization modeling
studies found that male circumcision in sub-Saharan
Africa could represent the prevention of 5.7 million new
HIV cases and 3 million deaths over 20 years.21
Circumcision in ECHR Countries
Denmark
In 2006, a Danish national authority declared medical
negligence in the case of a medical doctor for performing
a circumcision on a five-month-old boy. In 2008,
Denmarks National Council for Children recommended
adoption of a law banning circumcision of boys under the
age of 15. Such legislation has been debated in Danish
Parliament although no legislation has yet been adopted.

A logo from the Convention on the Rights of the Child

Harvard National Model United Nations 2013

European Court of Human Rights

England and Wales


England is the country where circumcision has
received the most attention with a number of important
and high profile cases coming to light in the past decades.
Male circumcision is not outlawed under British law, but
some authors have argued that there is no specific statute
that forbids its practice in English law.
Britain has tried to limit the practice of circumcision
with strict laws. For example, one 1999 federal court case
declared that circumcision in Britain required parental
consent (i.e. both parents must sign a document) or the
permission of the court, acting for the best interests of the
child. This case resolution also issued an order prohibiting
the circumcision of a male child of a non-practicing
Muslim father and non-practicing Christian mother with
custody, as the action didnt have complete consent by
both parents. The reasoning for this decision included
evidence that circumcision carried some medical risk, that
the operation would be likely to weaken the relationship
of the child with his mother, who strongly objected to
circumcision without medical necessity, that the child
may be subject to ridicule by his peers as the odd one
out, and that the operation might irreversibly reduce
sexual pleasure, by permanently removing some sensory
nerves, even though cosmetic foreskin restoration might
be possible.
During this 1999 case, the court, however, did not
rule out circumcision against the consent of one parent.
It cited a hypothetical case of a Jewish mother and an
agnostic father with a number of sons, all of whom, by
agreement, had been circumcised as infants in accordance
with Jewish laws. The parents then had another son who
is born after they have separated; the mother wishes him
to be circumcised like his brothers; the father refuses
his agreement. In such a case, a decision in favor of
circumcision was said to be likely.
Furthermore, in 2005, a Muslim man had his son
circumcised against the wishes of the childs mother
who was the custodial parent. He was found not guilty
of assault occasioning actual bodily harm by a majority
verdict of the jury. In 2009, it was reported that a 20-yearold man whose father had him ritually circumcised as a
baby was preparing to sue the doctor who circumcised
him. This is believed to be the first time a person who was
circumcised as an infant has made a claim in the UK. 22
Finland
In August 2006, a Finnish court ruled that the
circumcision of a four-year-old boy arranged by his
mother, a Muslim, to be an illegal assault. The boys father,
who had not been consulted, was the one to report the

10

European Court of Human Rights


incident to the police. A local prosecutor stated that the
prohibition of genital mutilation is not gender-specific in
Finnish law. A lawyer for the Ministry of Social Affairs and
Health stated that there is neither legislation regarding nor
prohibition of male circumcision, and that the operations
have been performed on the basis of common law. The
case was appealed and in October 2008 the Finnish
Supreme Court ruled that the circumcision carried out for
religious and social reasons and in a medical manner did
not have the earmarks of a criminal offense.23 It pointed
out in its ruling that the circumcision of Muslim boys is an
established tradition and an integral part of the identity
of Muslim men.24
However, in February 2010, the government fined
a Jewish couple for causing bodily harm to their infant
son who was circumcised without anesthesia in 2008 by
a mohel, a circumciser, brought in from the UK. Normal
procedure for persons of Jewish faith in Finland is to
have a locally certified mohel who works in the Finnish
healthcare system perform the operation. The child
developed a number of complications afterwards that
required immediate hospital care. The parents were
ordered to pay 1500 in damages to their child.25
Ireland
In October 2005, a Nigerian man was cleared of a
charge of reckless endangerment over the death of a baby
from hemorrhage and shock after he had circumcised the
child. The judge directed the jury not to bring what he
called their white western values to bear when they were
deciding this case and after deliberating for an hour and
a half they found the defendant not guilty.26
Netherlands
In May 2008, a father who had his two sons, aged 3
and 6, circumcised against the will of their mother, was
found not guilty of causing them serious physical harm
and fined 3000.27 In 2011, the Dutch Medical Association
urged religious leaders to find alternative rites of passage
that are not irreversible and not painful for the child.28
While law in the country has prohibited the practice of
female genital mutilation since 1993, there is no such law
for male circumcision. Most male circumcisions in the
Netherlands are done in special circumcision clinics yet
report a 5% complication rate.
Sweden
In 2001, the Parliament of Sweden enacted a law
allowing only persons certified by the National Board
of Health to circumcise infants. The law requires a
medical doctor or an anesthesia nurse to accompany the
circumciser and anesthesia to be applied beforehand.
After the first two months of life only a physician can
perform a circumcision. The stated purpose of the law

Economic and Social Council and Regional Bodies

was to increase the safety of the procedure. Swedish Jews


and Muslims objected to the law, and in 2001, the World
Jewish Congress called it the first legal restriction on
Jewish religious practice in Europe since the Nazi era.29
The requirement for an anesthetic to be administered by
a medical professional is a major issue and the low degree
of availability of certified professionals willing to conduct
circumcision has also been subject to criticism. According
to a survey, two out of three pediatric surgeons said they
refuse to perform non-therapeutic circumcision, and
less than half of county councils offer it in their hospitals.
However, in 2006, the U.S. State Department stated, in a
report on Sweden, that most Jewish mohels had been
certified under the law and that 3,000 Muslim and 40-50
Jewish boys were circumcised each year. An estimated
2,000 of these were performed by persons who are neither
physicians nor have officially recognized certification.30

Timeline of Significant Events


Timeline of Religious Human Rights in the World
1935-1945: Six million European Jews were
exterminated by Hitlers Nazi regime. Millions of
other civilians (gypsies, communists, Soviet POWs,
Poles, Ukrainians, people with disabilities, unionists,
habitual criminals, socialists, Jehovahs Witnesses,
homosexuals, Free Masons, vagrants and beggars)
were forced into concentration camps, subjected
to medical experiments, starved, brutalized and
murdered.
1953- The ECHR adopts the statement of religious
freedom and equality for all.
1962- Italy recognizes Protestant churches as cites of
religious respect and grants ministers the same tax
exemptions as priests.
1973- Catholic doctrine is officially abolished from
French schools curricula.
1984- Laws restricting the height and size of Mosques
are abolished in Italy.
1990s- Laws banning the wearing of the Burqa are
passed in Sweden and France.
2006- A law banning the construction of Minarets is
passed in Switzerland.
Timeline of Significant Events Regarding Human Rights
in Germany31:
1841- Germany outlaws slavery
1930- Germany adopts ban of child labor.
1949- West Germany helps draft the Geneva
Convention, which outlines treatment of prisoners
during war and procedures for the human
treatment of criminals.

1950- Germany adopts strict anti-communist laws


banning all forms of assembly or communist
agitation.32
1963- Germany officially bans Holocaust denial.
1993- Germany affirms right of socialist part to
practice freely.33
Timeline Regarding Circumcision in Germany
October 2006- A Turkish national who performed
ritual circumcisions on seven boys was convicted of
causing dangerous bodily harm by the state court in
Dsseldorf.
September 2007- A Frankfurt am Main appeals court
found that the circumcision of an 11-year-old boy
without his approval was an unlawful personal
injury. Reportedly, the boy, whose parents were
divorced, was visiting his Muslim father during a
vacation when his father forced him to be ritually
circumcised.35
June 26, 2012- A district court in Cologne, Germany
ruled that it was a violation of human rights for
a parent to have a minor child (under age 18)
circumcised, as it amounted to grievous bodily
harm.
July 15, 2012- A joint statement on circumcision was
issued by leaders of groups including the Rabbinical
Centre of Europe, the European Jewish Parliament,
the European Jewish Association, Germanys
Turkish-Islamic Union for Religious Affairs and the
Islamic Centre Brussels stating that We consider
this to be an affront (to) our basic religious and
human rights.36 It further stated that Circumcision
is an ancient ritual that is fundamental to our
individual faiths and we protest in the strongest
possible terms this court ruling. To that end we
will vigorously defend our right to maintain our
mutual tradition and call on the German parliament
and all political parties to intervene in overruling
this decision as a matter of urgency. 37 Thus the
complaint of Ali Hassan vs. Germany was sent in to
the ECHR on September 12, 2012 and is now being
reviewed by the judges for consideration. 38

Questions a Resolution Must Answer


Is it within state jurisdiction to regulate religious
practices?
To what extent do religious practices intrude on
universal human and child rights?
Are religious practices and universal human and child
rights mutually exclusive?

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European Court of Human Rights


Who should be held accountable for the complications
of the doctor?

Suggestions for Further Research


To help you with your research, make sure to read
the entire Convention, paying close attention to articles
9, 10, 11 and 17. Looking into specific cases the Court has
decided upon in recent years will inform your position
entering the committee. Further information about
religious laws, Jewish and Islamic, about circumcision will
also help in formulating your positions.

Topic Area B: Anti-Terror Laws


History and Discussion of the Problem
While it can be argued that acts of terrorism have
existed as a type of warfare throughout all eras of history,
since the 2011 terror attacks on the United States, the
2004 attacks in Madrid, and the 2005 London bombings,
the global community has developed a hyper-awareness
of the modern age of terrorism. While the justifications
for wars of old ranged from territorial infringement to
political uprisings, the past decade has witnessed the
advent of the War on Terror, a war targeting not specific
nation-states as much as specific extra-governmental
terrorist regimes. However, while some proactive
measures to counter the threat of terrorist organizations
may indeed save the lives of potential innocent victims,
the use of force for measures of counterterrorism always
comes with either the risk of more serious repercussions
or the danger of violating human rights.

European Court of Human Rights


It is with this in mind that the European Court of
Human Rights has broached the subject of human rights
and anti-terror laws. It is fundamental to understand and
remember that while some individual nation states may
wish to impose strict laws or harsh security measures
in order to attempt to ensure the safety and security of
their respective citizens, these pieces of legislation and
policy must be balanced with an overall respect for and
enforcement of the rights of the citizen guaranteed not
only by national regulations, but also by international
norms and law.
Anti-Terror Legislation: A Background
Defining Terrorism
Although it has been nearly a decade since the
bombings that rocked Madrid, and acts of terror have
long since been a part of international conflicts, the
United Nations has failed to adopt and official definition
of terrorism. In 1996, it did condemn terrorist activities
as criminal acts intended or calculated to provoke a
state of terror in the general public, a group of persons
or particular persons for political purposes are in any
circumstance unjustifiable, whatever the considerations
of a political, philosophical, ideological, racial, ethnic,
religious or any other nature that may be invoked to
justify them. 39 While an average international citizen
would most likely be able to provide his or her own
explanation of the term, there exist over 109 definitions
of terrorism, covering 22 different definitional elements.
Bruce Hoffman, Director of the Center for Security Studies
at Georgetown University in Washington, D.C., has stated
that the word terrorism brings forth intrinsically negative
connotations that is generally applied to
ones enemies or opponents.40
However, the failure of the
international community to adopt
one universal definition of terrorism
highlights more than the complexity
of the concept; it demonstrates that
many states fundamentally differ in
their respective views of terrorism
and anti-terrorism measures and
laws. While some nations believe that
protecting state security is of paramount
importance, others are concerned that
overly strict anti-terrorism laws would
serve to repress freedom fighters.41
This variation in fundamental views of
a states responsibility to prevent and
protect against acts of terrorism is also

A picture from the 2005 London Bombings

12

Economic and Social Council and Regional Bodies

closely tied to how a state believes human rights are


associated with anti-terror laws.
The European Convention on the Suppression of Terrorism
In May 1973, the Consultative Assembly of the Council
of Europe adopted Recommendation 703 on the subject
of international terrorism. This Council declared that
international terrorist actsshould be punished as serious
criminal offences involving the killing or endangering of
the lives of innocent people.42 A year later, the Committee
of Ministers of the Council of Europe examined this
Recommendation and subsequently adopted a resolution
that urged states to consider acts of terrorism as highly
severe offenses when considering retribution or requests
for extradition.43 In 1976, the European Ministers of
Justice took into account the precedents that had been
adopted both by Recommendation 703 and Resolution
(74) 3 on international terrorism and began to draft
what would become the European Convention on the
Suppression of Terrorism, one of the first documents of its
kind addressing acts of terror. This Convention, which was
opened to signatures of member states in the following
year, outlined several major crimes that were no longer
to be regarded as political offenses, but rather as acts of
terror:
an offence within the scope of the Convention for
the Suppression of Unlawful Seizure of Aircraft,
signed at The Hague on 16 December 1970;
an offence within the scope of the Convention
for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on 23
September 1971;
a serious offence involving an attack against
the life, physical integrity
or liberty of internationally
protected persons, including
diplomatic agents;

an attempt to commit any of the foregoing


offences or participation as an accomplice of a
person who commits or attempts to commit such
an offence.44
In this way, the European Convention on the
Suppression of Terror was one of the first documents to
outline crimes that constituted terrorism.
Anti-Terror Legislation in the Context of the European
Convention on Human Rights
The European Convention on Human Rights was
initially drafted by the nascent Council of Europe in
1950, just two years after the adoption of the Universal
Declaration of Human Rights by the United Nations.
This document was, in large part, a response to the
gross violations of human rights and crimes against
humanity committed during the Holocaust and World
War II. All members of the European Union are party to
the Convention on Human Rights, and its central tenets
have been used as the foundation for many subsequent
human rights cases and considerations.
There are a number of articles of the Convention that
are pertinent to and help shape the discussion of antiterrorist legislation and its relationship with human rights.
The first three articles, which establish an obligation to
respect human rights, a right to life that must be protected
by the law, and a prohibition of torture, outline the basic
freedoms guaranteed to every individual, regardless of
whether he or she is a terrorist.45 Furthermore, the fifth
and sixth articles of the Convention address the basic
principals of detention, arrest, and trial that are pertinent
to every individual before the law. Article 5 establishes
the right to liberty and security, a right no one must be
denied of, which includes the lawful detention of a person
and the lawful arrest and detention of a minor.46 Article

an
offence
involving
kidnapping, the taking of a
hostage or serious unlawful
detention;
an offence involving the use
of a bomb, grenade, rocket,
automatic firearm or letter
or parcel bomb if this use
endangers persons;

The 2004 Madrid Terrorist Attack

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European Court of Human Rights

European Court of Human Rights

6 states the right to a fair trial in which each defendant


charged with a criminal offense is to be presume innocent
until proven otherwise.47 Article 6 also establishes that
everyone charged with a criminal offense must be
informed promptly, have adequate time and facilities
for preparation of the defense, and the right to defend
himself in person or through legal assistance.48 Finally,
Article 14 of the Convention prohibits any discrimination
based on sex, race, color, language, religion, political or
other opinion, national or social origin, association with a
national minority, property, birth or other status.49 These
articles can be used to interpret the proper intersection of
human rights and international anti-terrorism legislation.

(e) seizure of aircraft, ships or other means of


public or goods transport;

European Framework Decision on Terrorism


In June 2002, the Council of Europe adopted the
Council Framework Decision on Combating Terrorism. A
framework decision is a legislative document within the
European Union that outlines the results or outcomes
member states are expected to achieve regarding judicial
matters of criminal matters. It does not, however, specify
the means by which member states must achieve such
ends; this is left to the nation. Framework decisions are
open to jurisdiction by the European Court of Justice. The
creation of framework decisions was abolished by the
Treaty of Lisbon in December 2009.
The Framework Decision on Combating Terrorism
was drafted as a result of the 2001 terrorist attacks on
the United States and adopted to the Treaty on European
Union. The Framework is unique in that it explicitly
seeks to define terrorism as international acts with the
aim of seriously intimidating a population, or unduly
compelling a Government or international organization
to perform or abstain from performing any act, or
seriously destabilizing or destroying the fundamental
political, constitutional, economic or social structures of a
country or an international organization.50 Furthermore,
it lists types of terrorist acts including:

(h) interfering with or disrupting the supply of


water, power or any other fundamental natural
resource the effectof which is to endanger human
life;

(a) attacks upon a persons life which may cause


death;
(b) attacks upon the physical integrity of a person;
(c) kidnapping or hostage taking;
(d) causing extensive destruction to a
Government or public facility, a transport
system, an infrastructure facility, including an
information system, a fixed platform located on
the continental shelf, a public place or private
property likely to endanger human life or result
in major economic loss;

14

(f ) manufacture, possession, acquisition, transport,


supply or use of weapons, explosives or of
nuclear, biological or chemical weapons, as well
as research into, and development of, biological
and chemical weapons;
(g) release of dangerous substances, or causing
fires, floods or explosions the effect of which is to
endanger human life;

(i) threatening to commit any of the acts listed in


(a) to (h).51
Additionally, the Framework defines terrorist groups
as structured organizations consisting of more than two
persons, established over a certain period of time and
acting in concert.52 Furthermore, it declares that public
provocation to commit a terrorist offence, recruitment
and training for terrorism and aggravated theft, extortion
or falsification are all punishable offences.53 Lastly, the
Framework calls for all member states of the European
Union to take necessary action to establish their own
jurisdiction with regard to terrorist offences, extradition
and coordinating their activities to prosecute offenders in
the EU.54
In this way, the Framework Decision on Combating
Terrorism embodied the foundation of anti-terrorist
laws in the new millennium and the modern age of
international acts of terror. Its inclusion in the Treaty
on European Union highlights the importance of the
precedence that it set and creates a legal structure within
which European courts can work.
Human Rights Issues
Anti-terrorism legislation in the past thirty years
has had tremendous implications on the international
communitys perception of the human rights of suspected
or known terrorists. The following section will highlight
a few areas of human rights that can be affected by the
persecution and prosecution of suspected terrorists.
Deportation
One issue commonly faced by European countries
today problem of the deportation of terror suspects or
those with known or suspected ties to terror organizations.

Economic and Social Council and Regional Bodies

Article 3 of the European Convention on Human Rights


states that no one shall be subjected to torture or to
inhuman or degrading treatment or punishment, which
the European Court on Human Rights has applied to cases
of the deportation of suspected terrorists; if an suspected
terrorist could face an unfair trial, death, or torture in his or
her home country, this deportation is inherently illegal.55
If a terrorist is domestically active, such as in the case of the
Basque Separatist movement, this does present an issue,
as the individual can be tried and prosecuted in his or her
home nation, which is also the nation where the attack
occurred. However, in the European Union, the issue of
dual-citizenship can also present difficulties. For example,
in England and France this often means a Pakistani,
Algerian, Saudi Arabian or Afghani national that has either
immigrated to or sought asylum in a European country.
For example, in 2009, the ECHR heard the case of Daoudi
v. France, where the applicant, an Algerian national, was
arrested and convicted in France for suspicion of having
prepared a suicide attack on the United States Embassy in
Paris. The Court found that deportation to Algeria would
be a violation of Article 3 of the convention, against
inhumane and degrading treatment.56
Detention without judicial review
The subject of detention without judicial review has
been widely discussed in recent years. This controversy
has attracted attention both in the United States and
in international circles. The detainment on non citizens
suspected of terrorism in Guantanamo Bay, without
granting them due process of a trial in a timely fashion
has been the subject of discussion for several years.
Within the United States, for example, there are civil rights
activists who believe that the Guantanamo Bay prison
must be shut down. However, there are similar groups
who have serious concerns regarding how judicial review
should be conducted, where trials are held, and where
prisoners would be detained if the reviews were to result
in some convictions.
Similarly, there are nations within the international
community who find that their individual citizens are
caught in such detention without review situations. These
nations have a vested interest in protecting the rights of
their citizens particularly before any individual guilt is
established.
In some national jurisdictions, either military tribunals
or executive orders have been invoked to keep certain
individuals who are deemed security threats in detention
that would not be legal for crimes of any other nature.
For example, in the 2008 case of Salduz v. Turkey, the
applicant, a minor at the time, was arrested on suspicion
of participating in an illegal demonstration and was
restricted from access to a lawyer. The Court found this

lack of judicial review to be a violation of Article 6 of the


Convention, which calls for the right to legal assistance
and a fair hearing.57
Racial Profiling
Racial profiling refers to the practice by law
enforcement organizations to select individuals for
increased scrutiny based upon their perceived racial
background. More broadly, it can include scruting based
upon other factors as well, such as ethnicity, gender,
sexual orientation and the like. As certain countries
have encountered more terror threats from the Islamic
community, various laws and practices (some official
and some not) have grown around profiling individuals
based on their race (or more properly, their religion) to
determine the level of surveillance or scrutiny that they
receive. Within the United States, there has been in some
jurisdictions a tradition of stop-and-frisk policies based
upon the racial, usually African American, profile of
individuals. These practices can include adoption of laws
that seek to restrict group freedoms in response to threats
to public order as perceived by the governing institutions.
For example, in France, laws, which restrict the wearing
of garb associated with strict religious practice, represent
in part a response to a perceived threat to the nondenominational education system.
Surveillance
The amount of surveillance that a government can
conduct upon its citizens, and the level of proof that it
needs to establish before doing so, is a topic of much
debate in the international community. Particularly,
the Patriot Act, passed following September 11th,
which allows the government to conduct a broader
range of surveillance on the population with reduced
or streamlined judicial oversight. The Act allows law
enforcement officials to conduct searches of homes and
businesses without owner knowledge or permission, and
it allows the FBI to conduct searches of telephone calls,
email records and financial records without court order.
While some provisions of this law have been successfully
challenged as unconstitutional, the law marks a shift in
the common understanding of individual privacy. This
priority placed on surveillance has crossed the Atlantic as
both Germany and France are considering fingerprinting
visa applicants, which many have called out to be a
violation of Article 8 of the European Convention of
Human Rights which states that everyone has the right to
privacy of their private and family life.58 Countries such as
France and Germany are in the forefront of this challenge
as they face changes in their native demographics which
necessitate the consideration of novel labor resource
pools, they are leaders in the European Community which

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European Court of Human Rights

European Court of Human Rights

it self is struggling to adopt a uniform


code related to immigration and asylum
and they both face the challenge of a
shifting definition of national identity as
significant immigrant minority groups
moderate what it means to be German or
French. In these situations, the challenge
of developing new standards is
compounded by sometimes ineffective
communication and transparency of
policy.
Limits to freedom of speech
Such as bans on anti-government
publications, demonstrations against
wars or publication of materials that
could incite unrest or endanger the
public, like WikiLeaks. Again, if certain
publications or pieces of information
are seen to either promote terrorism
or violence, the question arises as to
whether the government has the right to censure this in
violation of the normal rights to freedom of speech.
Brogan and Others v. the United Kingdom
The case, originating in four applications against the
United Kingdom, was brought forth to the Court on 15
July 1987 by the European Commission for Human Rights.
The four applicants, Terence Patrick Brogan, Dermot Coyle,
William McFadden, and Michael Tracey, were arrested
under suspicion of preparation of acts of terrorism
connected with the affairs of Northern Ireland under
Section 12 of the Terrorism Act of 1984. The day following
their arrest, the four men were informed separately that
the Secretary of State for Northern Ireland had agreed
to extend their detention five more days. None of the
applicants were brought before a judge or any other
officer and were not charged after their release. The men
claimed that Britain had violated several paragraphs of
the Convention of Human Rights, including a break of
Article 5 on the grounds that they were not arrested on
suspicion of offence. The men also claimed that they were
not properly taken before a judge, as Article 5 also states.
While the court determined that the threat of terrorism
allowed some leeway in the definition of promptness, it
determined the requirement of promptness could not be
stretched to a delay of four days and six hours or more
and was a violation of Article 5 3.
This case demonstrates that while there is legislation
in place to deter and stop terrorism, there are still
a number of issues to be raised with human rights
legislation that in many cases restrain the authorities
from carrying out necessary procedures in order to detain

16

Raised security in Paris, France due to recent terrorist attacks

suspects. Scholars of the case find Brogan and Others v.


the United Kingdom as an example that human rights are
not compatible with anti-terrorism legislation.59

Current Situation
Balancing National Security with the Right to Individual
Privacy
The controversy surrounding anti-terror legislation
calmed down a bit following the hysteria caused by the
2004 Madrid bombings. These issues all came to the
forefront again during the summer of 2011 when Anders
Behring Breivik, a member of a right wing extremist group,
bombed a government building in Oslo and went on a
shooting spree at a remote childrens summer camp, death
of over 85 adolescents and young adults. Because he had
already been on some government watch lists, Breivik had
not been subject to further or more intensive surveillance
prior to his crimes. This tragic incident brought issues of
domestic terrorism and privacy laws once again to the
international judicial stage. Many questioned whether
if the government had more closely monitored Breiviks
actions, even though this would constitute has a violation
of privacy, the crimes would have been prevented and
the scores of deaths avoided.
While much of continental Europe and Scandinavia
primarily fear domestic right wing groups as potential
sources of terror attacks, England has continued to
face the threat of international terrorism because of
its large Muslim population, its history as a colonial,
Western power, and its participation and cooperation

Economic and Social Council and Regional Bodies

with the United States in its war on terror.60 The failed


underwear bomber in 2009 prompted Heathrow to adopt
even stricter security, and in advance of 2012 London
games they, following the United States, adopted fullbody scanners at various terminals.61 Once again, the
issue of compromising personal privacy for the sake of
international security was debated, as many individuals
believed that the new security measures were too
probing and intrusive.
In early November 2012, Colin Duffy brought a
challenge to the European Court of Human Rights
regarding the length of time an individual can be detained
on suspicion of terrorist activities. Mr. Duffy, a known Irish
republican dissident who has previously been cleared
of terrorism charges on three separate occasions, was
arrested for suspicion of association with the murder of
David Black, a prison officer, in County Armagh, Northern
Ireland. He claims that during a previous trial in 2009,
in which he was acquitted of the murders of two British
soldiers outside of their barracks in Antrim, his right to
be brought before a judge promptly and tried within
reasonable time, as outlined by Article 5 of the European
Convention of Human Rights had been violated.62
Currently, the Terrorism Act 2000 allows for suspected
terrorists to be detained for up to 28 days. This challenge
could fundamentally limit how nations are allowed to
treat those suspected of terrorist activities.

Past International Actions


The United Nations
Terrorism has had a long history in international affairs,
but has officially been on the international agenda since
1934 when the League of Nations began the elaboration
of a convention for the prevention and punishment of
terrorism. The United Nations predecessor adopted the
Convention in 1937 but it never came into force. Currently,
there are fourteen counter-terrorism international
conventions in force and four amendments to prevent
terrorist attacks.
In the last decade, the United Nations has drafted and
adopted several resolutions and conventions pertaining
to forms of terror activity. In 2005, the international
community also included changes to three universal
documents to specifically bring forth the threat of terrorist.
On 8 July, States adopted the Amendments to the
Convention on the Physical Protection of Nuclear Material
and on 14 October, both the Protocol of 2005 to the
Convention for the Suppression on Unlawful Acts against
the Safety of Maritime Navigation and the Protocol of 2005
to the Protocol for the Suppression of Unlawful Acts against
the Safety of Fixed Platforms Located on the Continental
Shelf. In 2010, the Convention on the Suppression of
Unlawful Acts relating to International Civil Aviation and
the Protocol Supplementary to the Convention for the
Suppression of Unlawful Seizure of Aircraft were added as
international legal instruments criminalizing further the
use of civil aircrafts as a weapon. Both instruments also
criminalize using dangerous materials to attack aircraft
or other targets
on the ground
as well as the
unlawful transport
of
biological,
chemical
and
nuclear weapons.
Currently,
UN
member
states
are negotiating an
additional treaty,
a comprehensive
convention
on
international
terrorism.63
European
Conventions on

Colin Duffy

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Terrorism
1977 European Convention on the Suppression of Terrorism
This Convention was designed to facilitate the
process of extradition of those who have committed acts
of terrorism, posing an obligation, as stated in Article 5, to
extradite if the requested State has substantial grounds
for prosecution unless prosecution is solely on the
grounds of race, religion, nationality or political opinion.
The Convention, furthermore, empowers States not to
consider as a political offence any act of violence against
the life, physical integrity or liberty of a person.
Protocol Amending the European Convention on the Suppression
of Terrorism
Crafted by the Multidisciplinary Group on
International Action against Terrorism as an update to
the 1977 European Convention on the Suppression of
Terrorism, this piece of legislation sought to fulfill the need
for a more realistic and pragmatic document without
overlapping protocols. The Group sought to avoid any
topics that would not be able to reach full consensus
and wanted to reflect the specificity of the Council of
Europe in fighting terrorism. The Protocol includes an
extended list of offences from relevant UN anti-terrorist
Conventions and Protocols to be depoliticized as well as
the introduction of a simplified amendment procedure
in which all new offences to be added do not need to
be in the form of an amending Protocol. The Protocol
states a tree year limit for reservations and an active
follow up mechanism to implement new procedure in
regards to reservations as well as other tasks related to
the Convention. 64
Council of Europe Convention on the Prevention of Terrorism
The Convention on the Prevention of Terrorism is a
multilateral treaty negotiated under the auspices of the
Council of Europe. The Convention sought to increase the
effectiveness of existing international declarations against
terrorism with an aim to strengthen member States efforts
to prevent terrorism. The new Convention sets two ways
to achieve greater security away from terrorism including
the establishment of criminal offences as certain acts that
can lead to the commission of terrorist offences and the
reinforcement of cooperation on prevention both on a
national level as well as on an international level.65

Timeline of Significant Events


1974: The Prevention of Terrorism Acts in the United
Kingdom confers emergency powers upon
the police in cases of suspected terrorism. The
Prevention of Terrorism Act is a direct ancestor to
the 1939 Prevention of Violence Act.

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1977: The European Convention on the Suppression
of Terrorism is passed
22 May 1975: The Reale Act in Italy is passed, allowing
the police to carry out searches and arrest persons
without being mandates by an investigative judge.
15 December 1979: The Cossiga decree-law is passed
in Italy, prolonging the length of preventive
detention relative to terrorism suspicions and
allowing wiretaps.
29 November 1988: Brogan and others v. the UK
20 July 2000: The United Kingdom passed the first
set of general terrorist acts, super seceding and
repealing the Prevention of Terrorism Act of 1989.
11 September 2001: The United States is attacked by
al-Qaeda, the World Trade Center in New York City,
New York collapses as a result of the attack. The
Pentagon is almost simultaneously attacked on the
outskirts of Washington, D.C.
13 June 2002: The European Union releases a Council
Framework Decision.
11 March 2005: The Prevention of Terrorism Act of
2005 of United Kingdom was intended to deal
with the Law Lords ruling of 16 December 2004
that states that detention without trial or eight
foreigners is unlawful an incompatible with
European human rights.
2006: The Council of Europe Convention on the
Prevention of Terrorism is passed as a regional
multilateral treated negotiated under the auspices
of the Council of Europe.
30 March 2006: The Terrorism Act of 2006 in United
Kingdom was considered a necessary response to
terrorist threats, creating new offences related to
terrorism.

Questions a Resolution Must Answer


Is the current definition of terrorism acceptable? If not,
how can it be amended?
Are human rights legislation and anti-terrorist
legislation mutually exclusive?
How should the Court recommend balancing the
protection of human rights and national and
international security?
What is the role of the Court in setting precedent
regarding human rights and anti-terror laws?
Who should be deciding anti-terrorist legislation as to
maintain human rights?

Economic and Social Council and Regional Bodies

Suggestions for Further Research


The most important sources that will help you
in thinking how to approach the case are UN-based.
Understanding all fourteen universal conventions
is crucial to moving forward. Moreover, all regional
conventions must be understood and distinguished from
the universal conventions. The database of the European
Court of Human Rights is an excellent resource for any
and all information regarding the cases about the basic
human rights that the Court has faced in the past. The
Council of Europe has also published several documents
pertaining to its past actions, such as Human rights
and the Fight Against Terrorism. Furthermore, specific
country terrorist laws will help guide your understanding
of how other nation representatives will act in committee
as well as your personal understanding of your role. All
laws are readily available on online databases. Finally, in
order to put an abstract topic, such as this one, in the light
of contemporary events, news sources such as the BBC,
Reuters, EuroNews, and New Europe can help provide the
most up-to-date information on current terrorism cases
and debates over government regulation.

Closing Remarks
Congratulations on being one-step closer to engaging
in a fantastic four days in Boston! Hopefully you have
found this research very engaging and are ready to arrive
prepared for some of the most interesting and spirited
debates possible. It is my sincere hope that you enjoy
exploring these topic, take a free hand and look at any
and all cases about human rights that you can find, and
are willing to engage in discourse that will challenge your
opinions and push you to compromise. I look forward to
meeting you all in February, and until then, make sure to
bring your winter clothes for our chilly Boston winters!

Position Papers
Each delegation must turn in a position paper before
the start of conference. The purpose of the a position
paper is to give each delegation the chance to summarize
his or her understanding of the issue at hand, to delineate
a nations stance on the issue, and to propose possible
solutions that could be debated in committee.
When writing your position papers, there is a simple
format that you should stick to; it will make it easier for
you to write and for me to read. The first paragraph of
your position paper should describe what you feel are the
most pressing and pertinent aspects of the issue, as well
as some facts that you could use in debate or to support a
point. The second paragraph should be used to describe
what your nation will be arguing in committee, why the

aspects you described in the previous paragraph are so


important to your country, and what unique aspects of
your nation relate to the issue at hand. Finally, your third
and last paragraph should contain your ideas for possible
solutions as well as courses of action that you believe
should be included in a resolution. Each delegation
should complete one position paper per topic area.
When writing, make sure you use the third person;
instead of saying I believe or we believe, instead say,
the delegation of Nation X believes or something similar.
All position papers should be written in Times New Roman
12-point font, single-spaced and be approximately one
page in length.

Endnotes
1
Mancini v. Italy, Netherlands institute of
Human Rights, http://sim.law.uu.nl/sim/caselaw/Hof.nsf/
d0cd2c2c444d8d94c12567c2002de990/f2b0def20ea326
63c1256a9d004ce6a0?OpenDocument.
2
Oehmichen, Anna. Terrorism and Anti-terror
Legislation, the Terrorised Legislator? A Comparison of
Counter-terror Legislation and Its Implications on Human
Rights in the Legal Systems of the United Kingdom, Spain,
Germany and France. Antwerp: Intersentia, 2009. Print.
3 General Information on the Court, European
Court
of
Human
Rights,
http://www.echr.coe.
i n t / E C H R / E N / H e a d e r / T h e + Co u r t / I n t ro d u c t i o n /
Information+documents/.
4
The ECHR in 50 Questions, European
Court
of
Human
Rights,
http://www.echr.coe.
i n t / N R / r d o n l y r e s / 5 C 5 3 A DA 4 - 8 0 F 8 - 4 2 C B - B 8 B D CBBB781F42C8/0/50Questions_ENG.pdf.
5

Council of Europe, http://www.coe.int/

6 General Information on the Court, European


Court
of
Human
Rights,
http://www.echr.coe.
i n t / E C H R / E N / H e a d e r / T h e + Co u r t / I n t ro d u c t i o n /
Information+documents/.
7
Europeans and their languages, European
Commission,
http://ec.europa.eu/public_opinion/
archives/ebs/ebs_243_en.pdf.

Harvard National Model United Nations 2013

19

European Court of Human Rights


8

http://www.echr.coe.int/echr/en/header/applicants/information+for+applicants/
frequently+asked+questions/.

European Convention on Human Rights, http://


www.hri.org/docs/ECHR50.html.

10

htm

http://www.jw-media.org/aboutjw/article12.

11

Five European Countries Slammed for


Discrimination Against Muslims, Voice of America,
http://www.voanews.com/content/five-europeancountries-slammed-for-discrimination-against-muslims--148731215/370078.html

12

Loenen, T., and J. E. Goldschmidt. Religious Pluralism and Human Rights in Europe: Where to Draw the
Line? Antwerpen: Intersentia, 2007. Print.

13

France Burqa Ban Takes Effect; Two Women


Detained, HuffingtonPost, http://www.huffingtonpost.
com/2011/04/11/france-burqa-ban-takes-ef_n_847366.
html

14

France Ban Burqas: A Look at Islamic Veil Laws


in Europe, HuffingtonPost, http://www.huffingtonpost.
com/2011/04/11/burqa-policies-europe_n_847575.
html#s263183&title=Germany_.

15

Book of Genesis, Chapter 17.

16

Male Circumcision: A Muslim Perspective, Family Medicine, http://www.familymedicine.co.uk/features/


circum3.htm

17

European Court of Human Rights

20

Convention on the Rights of the Child, United


Nations.

21

Male circumcision is important additional step


in cutting HIV infection, UN News Centre, http://www.
un.org/apps/news/story.asp?NewsID=22036#.UK_Nf-Oe4M

22
23

Male Circumcision: A Muslim Perspective, Family Medicine, http://www.familymedicine.co.uk/features/


circum3.htm

24

http://www.telegraph.co.uk/news/worldnews/
europe/germany/9589905/Germany-introduces-newcircumcision-law.html

25

San Francisco to vote on circumcision ban that


could fine parents $1000 or put them in jail, DailyMail UK,
http://www.dailymail.co.uk/news/article-1388539/SanFrancisco-vote-circumcision-ban-fine-parents-1-000-jail.
html.

26

Report on Female Genital Mutilation or Female


Genital Cutting, http://www.onlinenigeria.com/links/adv.
asp?blurb=551.

27

Family not guilty in circumcision case, Dutch


News, http://www.dutchnews.nl/news/archives/2008/05/
father_not_guilty_in_circumcis.php.

28

Dutch doctors urge end to male circumsicion,


Reuters, http://www.reuters.com/article/2011/09/23/usdutch-circumcision-health-idUSTRE78M3R620110923

German court rules childs religious circumcision can be a criminal offence, UK Human Rights Blog,
http://ukhumanrightsblog.com/2012/06/27/germancourt-rules-childs-religious-circumcision-was-unlawfulanalysis/.

29

18

30

German court says parents may not decide on


religious circumcision for their sons, http://www.strasbourgconsortium.org/headline.php?pageId=14&content
Id=29&blurbId=4019.

19

Universal Declaration of Human Rights, United


Nations, http://www.un.org/en/documents/udhr/index.
shtml

20

Scholastic News, 19

San Fransciscos Curious Attachment to the


Male Foreskin, JewishJournal.com, http://www.jewishjournal.com/rabbi_shmuley/item/san_franciscos_curious_attachment_to_the_male_foreskin_20110526

Swedish docs in circumcision protest, The


Local: Swedens News in English, http://www.thelocal.
se/39200/20120219/

31

German rabbi faces criminal charges for performing circumcision, http://hotair.com/headlines/archives/2012/08/22/german-rabbi-faces-criminal-charges-for-performing-circumcision/.

Economic and Social Council and Regional Bodies

32
33

Bedard, 37
Bedard, 37

34

Circumcision in Germany: New Information and


Lessons for America,: http://www.hangtogetherblog.
com/2012/09/05/circumcision-in-germany-new-information-and-lessons-for-america/

35

Male Circumcision, http://www.estheticon.com/


surgeons/circumcision/germany/mainz

36

Germany introduces new circumcision law, The


Telegraph, http://www.telegraph.co.uk/news/worldnews/europe/germany/9589905/Germany-introducesnew-circumcision-law.html.

37
Germany introduces new circumcision law, The
Telegraph, http://www.telegraph.co.uk/news/worldnews/europe/germany/9589905/Germany-introducesnew-circumcision-law.html.
38

Cologne Decision, http://www.scribd.com/


doc/98810698/Cologne-Circumcision-Decision-Translated-6-12.

39

UN General Assembly Resolution 49/60, Measures to Eliminate International Terrorism, Decempber 9,


1994.

40

Inside Terorism, The New York Times, http://


www.nytimes.com/books/first/h/hoffman-terrorism.html.

41

Dumitriu, Eugenia. EUs Definition of Terrorism:


The Council Framework Decision on Combating Terrorism, The.German LJ5 (2004): 585.

42

Council of Europe - Explanatory Report on the


European Convention on the Suppression of Terrorism.European Convention on the Suppression of Terrorism. Council of Europe, n.d. Web. 22 Dec. 2012. <http://
conventions.coe.int/Treaty/EN/Reports/HTML/090.htm>.

43
44

Ibid.

Council of Europe.European Convention on


the Suppression of Terrorism. N.p.: n.p., 1977.Council
of Europe - ETS No. 090 - European Convention on the

Suppression of Terrorism. Council of Europe. Web. 22 Dec.


2012.

45

Council of Europe. European Convention on Human Rights. 1950.

46

Ibid.

48

Ibid.

47

Ibid.

49

Ibid.

51

Ibid.

53

Ibid.

50

The Council of the European Union. Council


Framework Decision of 13 June 2002 on combating
terrorism. Official Journal of the European Communities.
2002. Web. 23 Dec. 2012.

52

Ibid.

54

Council Framework Decision, State Watch,


http://www.statewatch.org/news/2002/jul/frameterr622en00030007.pdf

55

Council of Europe. European Convention on Human Rights

56

Terrorism, European Court of Human Rights,


http://www.echr.coe.int/NR/rdonlyres/13BF0C6A-F4634CE9-B79F-9E9F3EF67B8F/0/FICHES_Terrorisme_EN.pdf.

57

Terrorism, European Court of Human Rights,


http://www.echr.coe.int/NR/rdonlyres/13BF0C6A-F4634CE9-B79F-9E9F3EF67B8F/0/FICHES_Terrorisme_EN.pdf.

58

Issue of Terrorism and its Impact of the Human


Rights, http://www.mindrelief.net/issue_of_terrorism.
html.

59

Issue of Terrorism and its Impact of the Human


Rights, http://www.mindrelief.net/issue_of_terrorism.
html.

60

Wade, Marianne, and Almir Maljevi. A War on

Harvard National Model United Nations 2013

21

European Court of Human Rights


Terror?: The European Stance on a New Threat, Changing
Laws and Human Rights Implications. New York: Springer,
2010. Print.

61

http://www.dailymail.co.uk/news/article-1247977/Full-body-scanners-introduced-HeathrowManchester-airports-Lord-Adonis-seeks-allay-privacyfears.html

62
Duffy Challenges Anti-Terror Laws.Belfast
Telegraph Northern Ireland RSS.Belfasttelegraph.co.uk, 4
Nov. 2012. Web. 24 Dec. 2012.
63
International Legal Instruments to Counter
Terrorism, UN Action to Counter Terrorism, http://www.
un.org/terrorism/instruments.shtml.
64

Protocol amending the European Convention


on the Suppression of Terrorism, Council of Europe,
http://www.conventions.coe.int/treaty/en/Summaries/
Html/190.htm.

65

Council of Europe Convention on the Prevention of Terrorism, Council of Europe, http://conventions.


coe.int/Treaty/EN/Summaries/Html/196.htm.

Bibliography
Belfast Telegraph Northern Ireland RSS.Duffy Challenges
Anti-Terror Laws. Belfasttelegraph.co.uk, 4 Nov. 2012.
Web. 24 Dec. 2012.
Book of Genesis, Chapter 17.
Circumcision in Germany: New Information and Lessons
for
America,
http://www.hangtogetherblog.
com/2012/09/05/circumcision-in-germany-newinformation-and-lessons-for-america/Council
of
Europe, http://www.coe.int/
Cologne
Decision,
http://www.scribd.com/
doc/98810698/Cologne-Circumcision-DecisionTranslated-6-12.
Council of Europe. European Convention on Human
Rights. 1950
Council of Europe, Council of Europe Convention on the
Prevention of Terrorism, http://conventions.coe.int/
Treaty/EN/Summaries/Html/196.htm.
Council of the European Union. Council Framework
Decision of 13 June 2002 on combating terrorism.
Official Journal of the European Communities. 2002.
Web. 23 Dec. 2012.
Council of Europe - Explanatory Report on the European
Convention on the Suppression of Terrorism.
European Convention on the Suppression of Terrorism.
Council of Europe, n.d. Web. 22 Dec. 2012. <http://
conventions.coe.int/Treaty/EN/Reports/HTML/090.
htm>.

22

European Court of Human Rights


Council of Europe. Protocol amending the European
Convention on the Suppression of Terrorism. http://
www.conventions.coe.int/treaty/en/Summaries/
Html/190.htm.
DailyMail UK. Passengers laid bare as full body scanners
are introduced at Heathrow and Manchester
a i r p o r t s. h t t p : / / w w w. d a i l y m a i l. co. u k / n e ws /
article-1247977/Full-body-scanners-introducedHeathrow-Manchester-airports-Lord-Adonis-seeksallay-privacy-fears.html.
DailyMail UK. San Francisco to vote on circumcision
ban that could fine parents $1000 or put them in jail.
http://www.dailymail.co.uk/news/article-1388539/
San-Francisco-vote-circumcision-ban-fine-parents-1000-jail.html.
Dumitriu, Eugenia. EUs Definition of Terrorism: The
Council Framework Decision on Combating Terrorism,
The. German LJ 5 (2004).
Dutch News. Family not guilty in circumcision case.
http://www.dutchnews.nl/news/archives/2008/05/
father_not_guilty_in_circumcis.php.
European
Commission. Europeans and their languages. http://
ec.europa.eu/public_opinion/archives/ebs/ebs_243_
en.pdf.
European Convention on Human Rights, http://www.hri.
org/docs/ECHR50.html.European Court of Human
Rights. General Information on the Court. http://
www.echr.coe.int/ECHR/EN/Header/The+Court/
Introduction/Information+documents/.
European Court of Human Rights. The ECHR
in
50
Questions/
http://www.echr.coe.int/
NR/rdonlyres/5C53ADA4-80F8-42CB-B8BDCBBB781F42C8/0/50Questions_ENG.pdf.
European Court of Human Rights. Questions and
answers.
http://www.echr.coe.int/echr/en/
header/applicants/information+for+applicants/
frequently+asked+questions.
European Court of Human Rights. Terrorism. http://www.
echr.coe.int/NR/rdonlyres/13BF0C6A-F463-4CE9B79F-9E9F3EF67B8F/0/FICHES_Terrorisme_EN.pdf.
Family Medicine. Male Circumcision: A Muslim
Perspective.
http://www.familymedicine.co.uk/
features/circum3.htm.
German court says parents may not decide on
religious circumcision for their sons, http://www.
strasbourgconsortium.org/headline.php?pageId=14
&contentId=29&blurbId=4019.
German rabbi faces criminal charges for performing
circumcision,
http://hotair.com/headlines/
archives/2012/08/22/german-rabbi-faces-criminalcharges-for-performing-circumcision/.
HuffingtonPost, France Ban Burqas: A Look at Islamic
Veil Laws in Europe. http://www.huffingtonpost.
com/2011/04/11/burqa-policies-europe_n_847575.
html#s263183&title=Germany_.
HuffingtonPost.
France
Burqa
Ban
Takes
Effect; Two Women Detained. http://www.
huffingtonpost,com/2011/04/11/france-burqa-bantakes-ef_n_847366.html.
Issue of Terrorism and its Impact of the Human Rights,
http://www.mindrelief.net/issue_of_terrorism.html.

Economic and Social Council and Regional Bodies

JewishJournal.com. San Fransciscos Curious Attachment


to the Male Foreskin. http://www.jewishjournal.
com/rabbi_shmuley/item/san_franciscos_curious_
attachment_to_the_male_foreskin_20110526
The Local: Swedens News in English. Swedish docs
in circumcision protest,, http://www.thelocal.
se/39200/20120219/.
Loenen, T., and J. E. Goldschmidt. Religious Pluralism and
Human Rights in Europe: Where to Draw the Line?
Antwerpen: Intersentia, 2007. Print.
Male
Circumcision,
http://www.estheticon.com/
surgeons/circumcision/germany/mainz.
Netherlands Institute of Human Rights. Mancini v.
Italy.
http://sim.law.uu.nl/sim/caselaw/Hof.nsf/
d0cd2c2c444d8d94c12567c2002de990/f2b0def20ea
32663c1256a9d004ce6a0?OpenDocument.
The New York Times. Inside Terrorism. http://www.
nytimes.com/books/first/h/hoffman-terrorism.
html. Oehmichen, Anna. Terrorism and Anti-terror
Legislation, the Terrorised Legislator? A Comparison
of Counter-terror Legislation and Its Implications on
Human Rights in the Legal Systems of the United
Kingdom, Spain, Germany and France. Antwerp:
Intersentia, 2009. Print.
Report on Female Genital Mutilation or Female Genital
Cutting,
http://www.onlinenigeria.com/links/adv.
asp?blurb=551.
Reuters .Dutch doctors urge end to male
circumcision.
http://www.reuters.com/
article/2011/09/23/us-dutch-circumcision-healthidUSTRE78M3R620110923
State
Watch.
Council
Framework
Decision.
h t t p : / / w w w. s t a t e w a t c h . o rg / n e w s / 2 0 0 2 / j u l /
frameterr622en00030007.pdf.
The Telegraph. Germany introduces new circumcision
law. http://www.telegraph.co.uk/news/worldnews/
europe/germany/9589905/Germany-introducesnew-circumcision-law.html
UK Human Rights Blog. German court rules childs
religious circumcision can be a criminal offence.
http://uk humanrightsblog.com/2012/06/27/
german-court-rules-childs-religious-circumcisionwas-unlawful-analysis/.
United Nations. Convention on the Rights of the Child.
United Nations. Universal Declaration of Human Rights/
http://www.un.org/en/documents/udhr/index.shtml
UN Action to Counter Terrorism. International Legal
Instruments to Counter Terrorism. http://www.
un.org/terrorism/instruments.shtml.
UN General Assembly Resolution 49/60, Measures to
Eliminate International Terrorism, Decempber 9, 1994.
UN News Centre. Male circumcision is important
additional step in cutting HIV infection. http://www.
un.org/apps/news/story.asp?NewsID=22036#.UK_
Nf-Oe-4M.
Voice of America. Five European Countries Slammed for
Discrimination Against Muslims.http://www.voanews.
com/content/five-european-countries-slammed-fordiscrimination-against-muslims--148731215/370078.
html

Wade, Marianne, and Almir Maljevi. A War on Terror?: The


European Stance on a New Threat, Changing Laws
and Human Rights Implications. New York: Springer,
2010. Print.

Harvard National Model United Nations 2013

23

Guide the Delegate Preparation and Rules of Parliamentary Procedure

Introduction
General Comments
Welcome to Harvard National Model United Nations
(HNMUN) 2013, the worlds largest and most prestigious
conference of its kind. We are happy to have you with us.
Throughouttheconferenceweekend,youwillbeworkingwith
otherhighlymotivatedcollegestudentstowardthecommon
goalsofinternationalawarenessandconsensus-building.This
document strives to explain both the philosophy of HNMUN
and the substantive details of the conference. Without
understanding both the overall goal of HNMUN and how
theconferenceoperates,delegatesmayfeeloverwhelmedand
lost. It is our hope that this document will guide delegates
throughout the weekend.

Guide to Delegate Preparation


and Rules of Parliamentary Procedure

Dear Delegates and Faculty Advisors,

The HNMUN 2013 Secretariat is pleased to present you with the Guide to Delegate Preparation. In this guide, you will find
an overview of substantive activities at conference, a list of differences between HNMUN and other MUN conferences in the
world, an explanation of the characteristics of our various committees, a listing of the powers of the committee staff, and the
updated Rules of Procedure. While this guide contains virtually all information regarding the substantive side of HNMUN, I
invite you to consult the following documents as well in your preparation:
Guide to Starting an MUN Team: This guide features a step-by-step guide to starting a Model United Nations Team at any
college or university.
Guide to First Time Delegations: This guide is aimed at familiarizing delegates who are new to MUN, and particularly those
new to HNMUN, with the events at conference.
CommitteeStudyGuides:OurcommitteesaredirectedbyHarvardundergraduates,whodedicatedtheirsummertoresearching
and writing the most well-informed and comprehensive study guides on the issues of their committee agenda. Study guides
contain not only a history and discussion of the problem at hand, but also sections detailing suggestions for further research,
questionsaresolutionmustanswer,andwaystocontributetosolutionsintherealworldcommunity.Updatestothestudyguides,
covering the latest developments and exploring nuanced aspects of the topic areas will be available online in mid-November.
All of these documents and more are available under the Resources tab of www.hnmun.org. Additional resources on our
website to assist you in your substantive preparations include links to the UN documents, country policies, and premier news
sources.
Please do not hesitate to contact any of the HNMUN Secretariat and staff with your questions. Best of luck with your preparation
for HNMUN 2013 and we look forward to meeting you in February!
Sincerely,

Gillian T. Farrell
Secretary-General
Harvard National Model United Nations 2013
info@hnmun.org

Harvard National Model United Nations 2013

24

Philosophy: The United Nations as an International Forum


Our primary goal is to provide students interested in
exploring the difficulties and complexities of international
relations with the best possible simulation of diplomacy and
negotiation.Ourcommitteesaredesignedtoenabledelegates
to arrive at a comprehensive and pragmatic solution to each
of the topics while realistically simulating the dynamics of a
true United Nations (UN) session. For solutions to be reached
in committee, we assume both that compromise is possible
and that consensus is a necessary condition for successful
negotiation.Withtheseassumptions,wehopethattheprocess
of formulating the solutions embodied in a document called
a resolution will reveal to the delegates the difficulties and
complexities of international relations that our conference
hopes to help delegates better understand. One could argue
that the process of constructing a solution to international
problems in itself does not offer much beyond a simple
classroom experience. HNMUN allows delegates to examine
current global problems through a wholly different lens.The
solutions that any individual proposes to a world problem
may technically seem correct, but these solutions are biased
by the individuals own political inclinations. Representing
a nations interest in the global community complicates the
issues and forces delegates to question their prior beliefs and
arrive at innovative conclusions on problems in international
relations today. It is this process of simulation that ultimately
advances our goal of teaching the power and complexity of
international relations.
It is important to clarify why we have selected the United
Nations as the primary organ through which HNMUN
operates. The UN is not a world government. The principle
of national sovereignty has been consistently upheld, and
nations do not relinquish their sovereignty in joining the UN.
Through resolutions, the UN can offer solutions to world
problems, but it has limited enforcement powers beyond the
force of international opinion that its decisions represent.

The decisions must represent a single unified world voice


to be effective and must be constructed through a series
of compromises by nations with competing ends. Without
solidarity, the decisions made by the UN would lack any
credibility and, therefore, any force. For the UN, finding
a consensus is no easy task. No other body involves 193
countries debating international issues in unison. Each state
wants its own voice heard and its own interests represented
as solutions are reached on any given issue. Compromise is
thereforenecessaryforanythingtobeaccomplished.Thus,the
need to find a consensus is certainly a hurdle to be overcome
for both the real UN and for HNMUN, but it is this challenge
of using international negotiation and compromise to solve
world problems (and sometimes its failure) that makes us
believethattheUNisthebestbodythroughwhichtoadvance
the goals of the conference.
Structure
For both logistical and substantive reasons, HNMUN
simulates only certain parts of the real UN. A given college
oruniversityattendingtheconferencerepresentsoneormore
countries, and each country is represented by one or two
delegates in each committee. In this way, HNMUN emulates
thepracticesoftheUN.Delegatesmustalignthemselveswith
thepolicyoftherepresentedcountrytoadvancethecountrys
interests in the world community.
However, HNMUN extends beyond just the UN itself.
The conference incorporates simulations of regional bodies
outside of the UN system, such as the European Union and
the UN Economic and Social Commission for Asia and the
Pacific. Debate in these non-UN bodies focuses on two issues
of primary importance to the region, as members try to
advance the interests of their own countries within the larger
context of the regional body. It is important to understand
that the central goal of our conference is not only to
provide a simulation of the UN, but rather to help delegates
understand the complexities of international diplomacy.We
do not believe that the UN alone is the ultimate method
for learning the nuances of international diplomacy. Rather,
the UN in conjunction with other bodies offers delegates a
comprehensive simulation of international diplomacy and
negotiation.
HNMUN also gives delegates the opportunity to further
theireducationinglobaldiplomacybyrepresentingnon-state
actorsinourNon-GovernmentalOrganizationsprogramand
ourcontinualcrisiscommittees.Whethertheyarerepresenting
Amnesty International or the Polish writer Adam Mickiewicz
inthesummit ofExiledRevolutionaries,thesedelegateshave
the chance to experience the ways in which negotiation and
compromiseoperateinsettingsthatdepartfromthestandard
state-centric model of the UN and other international
organizations.

Harvard National Model United Nations 2013

25

Guide To Delegate Preparation and Rules of Parliamentary Procedure

Purpose of this Guide


The main purpose of this guide is to prepare delegates for
Model United Nations (MUN) conferences in general and for
HNMUN 2013 in particular. Delegates who have experience
with MUN should look at theDifferences between HNMUN
and other Model United Nations conferencessection below.
For those who have not, here is the general structure of the
guide and the purpose of each part:
Procedural Preparation
In order to perform in committee, delegates must have
an understanding of the basic structural elements of MUN.
HNMUN emphasizes the useful application of rules to
promote the smooth functioning of the committee rather
than as the focus of delegate performance. This Guide
to Delegate Preparation contains most of this functional
information, including details on the rules of debate at
HNMUN and the UN system. It is important for delegates
to understand the rules, because they enhance the workings
ofthecommitteeandthelearningexperienceofthedelegate.
To prevent misunderstandings and delays, a comprehensive
understanding of the rules and their use is vital. Additionally,
delegates can use an understanding of the rules to advance
theirownpoliciesincommittee.Forexample,inlargeGeneral
Assemblycommittees,thespeakerslistcanbecomequitelong,
and a delegate may have to wait for an hour or more before
it is his or her turn to speak. However, by using the rules
governing yielded time, questions, and comments from the
floor, a delegate can speak far more frequently. Knowledge of
the rules is an important tool to allow you to air your views
productively and efficiently. At conference, please do not
hesitate to clarify issues of procedure and debate with the
committee staff through points of parliamentary inquiry.
Substantive Preparation
Once delegates understand the rules of committee, they
should learn how to contribute substantively to the debate.
Substantive preparation, the process by which delegates
learn how their ideas can make a difference in the committee,
is a three step process. First, delegates should research
their committee and its place in the UN system or in the
international framework. By knowing the powers and duties
of their committee, delegates can get a sense of what types
of solution will and will not be possible. Delegates should
then master the topics that their committee will discuss.
Although the study guide provides a strong foundation of
information on the topics, it is essential that delegates build
on this foundation with their own research. Each study guide
contains a section detailing suggestions for further research
to aid with this process. Lastly, delegates should learn their
countryspolicyonthetopicsbeingaddressed,sothattheycan
represent their country strongly and accurately. This Guide
to Delegate Preparation will walk you through the research

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you should do to be prepared in committee. Delegates with


a solid grasp of the topics, their countrys positions, and
the committees mandate will be leaders in the attempts to
find solutions to the problems being addressed and to write
resolutions that carry out those solutions.
Committee Information
This section contains other details about HNMUN that
will enable you to better understand how the conference as
a whole will run. It will first help delegates understand the
different organs at HNMUN and how debate functions in
each. It will then introduce the dais staff that will run each
committeeanddescribetherolesofeachstaffmember.Lastly,
itwilldiscussourexpectationsofdelegates,bothsubstantively
(thecriteriausedfordecidingawards)andsartorially(thedress
code at HNMUN).

Differences between HNMUN and other


Model United Nations Conferences
For the most part, this Guide to Delegate Preparation is
written for the delegate who has not been part of a Model
UnitedNationsconferencebefore.Itprovidesanintroduction
to MUN as well as information about HNMUN. Therefore,
experienced delegates need not read it all the way through.
However, these delegates should be aware that HNMUN
is not alike in every respect to other MUN conferences in
which you may have participated. In particular, please note
the following:
Committees at HNMUN, with the exception of
the continual crisis committees, may pass only one
resolution on each topic area. Because only one
resolution can be passed, there is a much greater
emphasis on compromise and cooperation at HNMUN
than at other MUN conferences.
Many procedural rules at HNMUN may differ from
those to which you are accustomed. You may want
to skim the rules, located at the back of the Guide to
Delegate Preparation, to look for such variances so that
you are prepared for them in committee.
No prewritten working papers or draft resolutions
will be permitted at HNMUN. All written material
introduced in a committee must be the product of work
done at the conference itself.
Resolutions at HNMUN do not have sponsors. Instead,
draft resolutions require a certain number of signatories
to be shown to the Director and listed alphabetically at
the top of the document before they are brought onto
the floor for debate. Following the Directors approval,
any delegate (whether or not that delegate is a signatory
of the draft resolution) may move to introduce the
draft resolution. Signing a draft resolution does not
mean that you wrote it or that you support it; it means
only that you believe it should be debated.

Guide the Delegate Preparation and Rules of Parliamentary Procedure


Because there are no sponsors, all amendments are
considered unfriendly, requiring the majority vote of
the committee to be integrated into the draft resolution
on the floor. Only non-substantive typographical
amendments may be made without a vote, at the
Moderators discretion.
Amendments at HNMUN are substantive, not
procedural motions. For detailed amendment
procedures, please consult the Rules of Parliamentary
Procedure at the end of this guide.
There are no Chairs at HNMUN. Instead, a Moderator
and a Director jointly run each committee; the
Moderator oversees debate and is the enforcer of
procedure, while the Director prepares the study guide
and is the substantive expert.
Debate at HNMUN adheres more closely to the
study guide than it does at some other conferences.
In particular, all draft resolutions must address the
issues mentioned in the Questions a Resolution Must
Answer section of each study guide.
Following a speech in formal debate, if no yields are
made, two comments are automatically in order. The
possible yields are to questions, to another delegate,
or to the chair. If a yield is made, no comments
are in order. Comments are never in order during a
moderated caucus.

The Path to a Resolution


Beforewecandiscussthespecificsofthedebatestructure,
it is important to note that the purpose of the debate, as
stated in our philosophy, is to produce a comprehensive and
pragmatic solution to the topic embodied in a document
called a resolution. If we are to understand the nuances of the
debate, we must first grasp the path towards the resolution.
The process for producing a resolution in a committee at
HNMUN consists of two main written stages: the working
paper and the draft resolution.
Working Paper
Working papers mainly serve as a point of reference
for discussion in committee by putting abstract ideas into a
concrete,writtenform(pleaseseethesampleprovidedlaterin
thisguide).Workingpapersareusuallyshortproposalsonone
or more aspects of the problem under discussion and serve as
a way of breaking down an issue into manageable units.They
may contain signatories, listed alphabetically at the top of the
document.With the approval of the Director, working papers
are copied and distributed so that the committees delegates
can learn about the positions and interests of other delegates.
Asthecommitteesworkprogresses,newpointsandideas
should be compiled into new working papers. Amendments
cannot be made to working papers. Subsequent working
papersmustcontainideasthatdonotappearonanyprevious

or concurrent working papers. Working papers should help


advance the committees work, not duplicate it. This means
thatonceavarietyofproposalsandviewpointsareintroduced,
thecommitteeshouldbegintoformulatetheworkingpapers
into comprehensive draft resolutions. Delegates should be
aware that working papers are not mini-resolutions in
that they do not need to be in any specific format and do
not need to cover all the issues raised in the Questions a
Resolution Must Answer portion of the study guide. For
instance, a working paper may consist of bullet points with
compelling ideas that the delegates wish for the committee
to debate. Please note that no prewritten working papers are
allowed at HNMUN. Additionally, ideas do not have to appear
in working papers before they can become draft resolutions.
That said, working papers do provide a very useful tool for
getting the entire committees feedback on specific ideas
before presenting them as formal draft resolutions.
Draft Resolutions
As in the real UN, the main vehicle of action at HNMUN
is the resolution, a formal document in which a committee
spells out the action to be taken in order to solve a particular
problem (please see the sample resolution included in this
guide). Each draft resolution should deal specifically with the
topic area currently under discussion by the committee.The
followingcriteriamustbemetbeforeadraftresolutioncanbe
introduced to the committee:
It must adequately address the points set out in the
Questions a Resolution Must Answer section of the
study guide, as well as any other points that have been
raised in the course of debate.
It must be well-written, concise, and free of grammatical
and typographical errors.
It must have the minimum number of signatories
as stipulated in the Rules of Procedure. HNMUN
documents do not have sponsors; instead, they have
signatories.
It must be typed (for photocopying purposes).
It must receive the approval and signature of the
Director. Directors have the discretion of suggesting
changes to a working paper or draft resolution, or
redirectingthesubmitterstocooperatingwithdelegates
with similar papers, prior to approving any documents.
It must be completely original work done at the
conference; no prewritten draft resolutions will be
allowed, and plagiarism will not be tolerated.
Because the committee can pass only one resolution on
each topic at HNMUN, delegates should expect to be asked
to revise draft resolutions several times before they meet the
Directors standards. While the Director will not advocate a
particular solution, it is his or her responsibility to ensure that
thecommitteehasfulfilleditsresponsibilitiesandadequately
addressed the entire topic before it can be introduced as a

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Guide To Delegate Preparation and Rules of Parliamentary Procedure


draft resolution. Our Directors are trained to be very selective
in accepting draft resolutions, and delegates should not be
surprised or offended if the dais staff sends a proposal for a
draft resolution back for revision before approving it. It is the
committeesresponsibilitytoconstructaneffectiveresolution
to handle the situation at hand. When a draft resolution is
introduced, it is usually not ready for an immediate vote.
Much debate, compromise, and revision are involved in the
formulation of a resolution that can be agreed upon by the
committee.
Amendments
The amendment process is used to improve draft
resolutionsasthecourseofdebateevolvestoreflectconcerns
that may not have been addressed in the original document.
Amendments can greatly enhance the work of a committee.
A clear understanding of the rules of procedure is very
important to the process of proposing, debating, and voting
on an amendment. At HNMUN, all amendments must be
put to a substantive vote of the entire committee. There are
no friendly amendments, and all amendments are treated in
the same way regardless of the effect they have on the draft
resolutioninquestion.Tointroduceanamendment,delegates
will need a number of signatories, as well as the approval of
the Director. If an amendment is passed by the body, it is
immediatelyincorporatedintothetextofthedraftresolution
for the purposes of debate and voting. Please consult the
Rules of Parliamentary Procedure at the end of this document
for detailed directions on the introduction and debating of
amendments.
Voting
The final act in the discussion of a topic area is voting on
the draft resolution(s) on the floor, as amended throughout
the course of debate. A resolution is passed when a majority
of the committee votes in its favor, and only one resolution
may be passed for a topic area. By adopting a resolution,
the committee has agreed, by a majority, that this is the best
possible solution to the problem at hand. Discussion of the
topic area is completed upon passage of a resolution. The
process is then repeated for the second topic area, time
permitting.

Substantive Preparation
Thissectionaddressesthepreparationdelegatescanmake
prior to arriving at the conference. Delegates who are new to
MUN or HNMUN are encouraged to consult the Guide to
First Time Delegations, which provides an introduction to
MUN and the events of the conference. The preparation tips
outlined below will be most useful when combined with a
thoroughexaminationofcommitteestudyguidesandrulesof
parliamentary procedure, as well as conduct of independent
research.

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Understanding the Mandate of the


Committee
The first place to look for information is the committee
study guide. Each study guide includes a History of the
Committeesectionthatgivesbackgroundonthecommittee,
its responsibilities, and some of its major achievements in the
past. However, this section should be only the beginning of
ones research.
Thenextstepshouldbetoinvestigatetheofficialmandate
of thecommittee. For mostcommittees within the UNsystem,
this is easy: simply look at the UN Charter. The founding
document of the United Nations gives detailed descriptions
of the powers and responsibilities of the General Assembly,
the Economic and Social Council, and the Security Council.
The websites of the committees of the General Assembly
and the commissions of the Economic and Social Council
give more specific descriptions of the mandates assigned to
them.Similarly,mostnon-UNinternationalbodieshavesome
sort of charter or treaty that describes how much power the
body has.
Once delegates are aware of the committees mandate,
the next step is to understand what resources it has available
and how it will carry out decisions it makes; this will inform
the type of resolutions that can be written.
One of the best ways of getting a sense of ones
committee is to look at some of its past actions. Looking at
some resolutions a committee has passed is indicative of the
types of solutions it employs. What strategies and formats
are generally used by the committee to address international
problems?PastresolutionscanbeaccessedontheUNwebsite
as reference to the work that the committee has previously
done.

Researching the Topic Areas


The committee study guides can serve as an excellent
starting point for delegate research. The study guides are
a result of extensive research and effort on the part of the
Directors and are the foundation of substantive preparation
for each of the committees. While reading the study guide,
delegates should be conscious of the fact that they must act
as policy makers, analyzing and molding the information
they have received into solutions and resolutions. The study
guide updates will add supplementary information and new
angles. Updates will be available on the website before early
December.
While the study guide and updates will provide a
beginningforsubstantivepreparation,itwillbenecessaryand
rewarding for delegates to do additional research. Directors
have included in their study guides a list of the most useful
sources in learning about particular topic areas. It is crucial
that participants use these sources and more to focus their

Guide the Delegate Preparation and Rules of Parliamentary Procedure


preparation and increase the breadth and depth of their
knowledge about the topics. Faculty advisors and head
delegates should introduce their students to any resources
availableintheiracademiccommunitiestohelpthemlearnas
much as they can about the topics.
Delegates are encouraged to focus particularly on what
new action they feel the committee can or should take. The
section of the study guide entitledPast UN Actiondescribes
some of the attempts taken by the international community
in the past to solve the problem being discussed. Participants
can use this and their own research as a starting point for
possible solutions, but should remember that the reason this
topic is still being discussed is that the past solutions have
not beenentirelysuccessful.Asresearchproceeds,delegates
are encouraged to consider why solutions have not been
successful and ponder ways of correcting the errors of past
attempts that are in line with the mandate of the committee.
Coming into the committee with a solid grasp of what has and
has not worked in the past will allow the committee members
to propose innovative ideas to address the problem.

Researching Country Policy


It is crucial that delegates research their countrys policy
on the two topic areas of each committee as well as the states
political situation in a larger context. While it is understood
that some flexibility in positions is necessary to compromise
andnegotiatewithothercountriesduringdebate,participants
must maintain the assigned countrys policy as much as
possible. Directors will be enforcing this aspect of debate,
as it is crucial to the simulation and the overall international
education.
HNMUN requires delegates to adopt the position of
a specific country or character throughout the course of
the simulation. This is a key element of the international
experience of MUN, as it forces delegates to examine the
perspectives, problems, and policies of another country at a
very fundamental level. It is also one of the most difficult
aspectsofMUNbecausedelegatesmustconfronttheinherent
biases of their own national perspectives and historical
understanding. While it may be difficult to find a published
account of a countrys position on a particular issue, it may be
possible to contact the countrys delegation at the real UN to
continueresearch.Developingabettergeneralunderstanding
of the country - cultural and religious beliefs, political systems,
UN voting history, and so forth - will allow committee
members to construct a plausible position for each country
on each of the topic areas when they are unable to find an
explicit, published position by the countrys government.
In addition to a countrys policies and cultural traits, it
is useful to research traditional allies of a country, other
countries that affect the balance of power in the region, and
states with which a delegates assigned country has been in

conflict in the past. Furthermore, delegates should consider


the actions and intentions of non-state actors that have been
involved in the issue. In combination with theBloc Positions
andRelevant Partnerssections of the study guide, this type
of research will inform delegates of potential allies at the
conference, with whom they could discuss solutions to the
problems posed by the topic areas.

Position Papers
The position papers are the focus of the substantive
preparation before the conference. The main purpose
of the position paper is to help delegates to express their
countryspolicyclearlyandconcisely.Astrongpositionpaper
will contribute to delegate performance in committee at
conference.
Each study guide has a section entitledPosition Papers
that provides guidelines on how to write these papers.
Conventionally, position papers begin with a brief history
of how a country has been affected by the topic. They then
discuss any policies that the country has used to deal with
the topic in the past and describe the success or failure of
those policies.Lastly,theystatewhatthecountrybelievesthe
best solution to the problem would be, within the limits of
what the particular committee can do. Position papers do not
typicallyexceedtwodouble-spacedpagesandshouldaddress
both topic areas. Specific guidelines can be found in the study
guide,asformatandsubstantivecontentmaydifferdepending
on the committee structure. Guidelines for submission are
emailed to Head Delegates and Faculty Advisors in January.
Position papers are due on 1 February 2013. A binder with a
copy of each position paper submitted will be available at the
dais during the conference.

Committee Information
Thissectionexplainsthedifferencesbetweenthevarious
types of committees offered at HNMUN and describes the
staff that will be present in each committee.
Types of Committees at HNMUN 2013
The differences between committees are not limited to
differencesinmandatesorresponsibilities.Alargecommittee,
likeaGeneralAssemblycommittee,hasdifferentfeaturesthan
a small committee like the Security Council. Understanding
the idiosyncracies of the organ will enable delegates to
contribute more effectively to the debate in their committee.
General Assembly (GA)
FourofthestandardcommitteesoftheGeneralAssembly
(theDisarmamentandInternationalSecurityCommittee,the
Social, Humanitarian and Cultural Committee, the Special
Political and Decolonization Committee, and the Legal
Committee), together with the World Health Organization,
theSpecialSummitonNon-Discrimination,andtheHistorical

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Guide To Delegate Preparation and Rules of Parliamentary Procedure


General Assembly, 1956 comprise the General Assembly at
HNMUN 2013. All members of the United Nations will be
represented in these committees, with the exception of the
the Historical General Assembly, which will be adjusted for
its historical setting.
GeneralAssemblycommitteesrangeinsizebetween200300 delegates.The Disarmament and International Security
Committee,theSocial,HumanitarianandCulturalCommittee,
theSpecialPoliticalandDecolonizationCommittee,theLegal
Committee, and the World Health Organization will consist
of double delegations, which means that two participants
from the same university will represent each country. The
Special Summit and the Historical General Assembly, 1956
will consist of single delegations.
The Historical General Assembly differs from standard
GA committees more in goals than in procedure; the study
guide for this committee explains in detail how it will be run,
and how it will differ from a regular GA committee.

After other committees at the conference have chosen


their topic areas, NGO delegates will choose the committees
in which they would like to work. They are then introduced
to their committee of choice, at which time they become
analogous to any other delegate in committee. They are
subject to the same rules and courtesies, except for rules
governingvotingpower.ThoughNGOdelegatescannotvote
ondraftresolutions,theymaycaucus,negotiate,supportdraft
resolutions,andwritetheirownworkingpapersincommittees.
In this sense, the NGO program is extraordinarily dynamic
andflexiblebothinthewaythatdelegatesinteractandinthe
topics that delegates choose to undertake at the conference.
Delegates involved in the NGO program will have the unique
opportunity to see a wide range of committees at HNMUN,
and delegates in other committees should take advantage of
the resources and insights offered by the NGO delegates
participating in their debates.

Economic and Social Council (ECOSOC)


The committees of the Economic and Social Council
consist of the UN Human Rights Council, the UN
Development Programme, the UN Childrens Fund, the UN
ConferenceonTradeandDevelopment,theWorldIntellectual
Property Organization., the International Monetary Fund,
and the Global Health Cluster. These committees range in
size from 24 to over 50 member states, depending on their
membership. The UN Human Rights Council and the World
Intellectual Property Organization will consist of double
delegations, while the other Economic and Social Council
committees will consist of single delegations.
Economic and Social Council committees specialize in
a wide range of international issues, from humanitarian to
economicinnature.EconomicandSocialCouncilcommittees
will call on delegates to occasionally respond to crises as they
emerge,inadditionto resolvingthetopicsontheirrespective
agendas.

Regional Bodies
The Regional Bodies are the European Union and the
UN Economic and Social Commission for Asia and the
Pacific. These committees will have a delegate size ranging
from 25-55 member states. The European Union will consist
of double delegations, while the UN Economic and Social
Commission for Asia and the Pacific will consist of single
delegations.
While most committees at HNMUN include countries
from every region of the world, each Regional Body only
includes the countries of its region, and thus focuses on issues
important to that particular region. The Regional Bodies are
often not part of the United Nations system; nevertheless,
they are procedurally identical to other HNMUN committees.
They are similar to the Economic and Social Council
committees in the style of debate and the way in which they
address the topics. Like the Economic and Social Council
committees,allRegionalBodiesmayhavecrisesatsomepoint
during committee sessions.

Non-Governmental Organizations (NGO) Program


The NGO Program at HNMUN is an innovative
arrangement, under the General Assembly, that provides
its delegates with the opportunity to debate multiple topic
areas in various committees, while greatly enriching those
committeesdiscussions. Each delegate in the NGO Program
will represent an assigned NGO at the conference, and will
havethefreedomtotravelandrepresenttheirorganizationin
one or more committees whose debate directly relates to the
mission of their respective NGO. The Amnesty International
delegate in the NGO Program, for example, may present or
debate issues in committees as diverse as the UN Human
Rights Council in the ECOSOC and the Special Political and
Decolonization Committee in the GA.

Specialized Agencies (SA)


Besides the Continual Crisis simulations, the Specialized
Agencies comprise the Security Council and the Historical
Security Council: 1991. The present and historical Security
Council simulations will follow a modified version of the
rules of procedure that gives the five permanent members
(China, France, the United Kingdom, the United States, and
the Russian Federation or USSR) a veto in substantive voting.
TheTruth and Reconciliation Commission will follow special
rules of procedure particular to their committee format.
The small size of these committees means that debate
will be much more informal; there will be a much greater
emphasis on intimate negotiations between delegates to
hammeroutthedetailsofresolutions,inbothmoderatedand

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Guide the Delegate Preparation and Rules of Parliamentary Procedure


unmoderated caucuses. All Security Council simulations will
have a crisis break at some point during the weekend.
Continual Crisis Committees
The Continual Crisis committees span a wide array of
forums, time periods, and topics, including: the Ad-Hoc
Committee; the Google Executive Board, 2023; the French
Cabinet, 1936; the Exiled Revolutionaries Summit, 1850; the
Kuomintang, 1949; the North Korean National Defense
Commission, the International Atomic Energy Agency, 2025;
and the Bilingual Joint Cabinet Crisis: The Cuban Missile
Crisis. The Ad-Hoc committees nature will remain strictly
confidential in nature until conference and will require
delegates to improvise quickly and effectively.
Instead of debating two distinct topic areas laid out in
advance in the study guide, these committees will focus on
a particular political, social, or military crisis, reacting to its
twists and turns throughout the committee session. Each
continual crisis committee has a crisis staff in addition to its
dais staff, coordinating events to respond to the decisions
delegates make and constantly throwing twists and turns at
the committee.
Delegates in continual crisis committees represent
characters instead of countries, by taking on the personas
of historical figures, military heroes, or cabinet members.
Representinganindividualdiffersgreatlyfromrepresentinga
delegate to the United Nations; for instance, if ones character
is a real person, it is crucial to research his or her perspective
on the conflict as one would research a states policy. Our
continual crisis staff will provide delegates with a preliminary
biography outlining the characters role in the cabinet and
his or her views and tendencies, but participants will greatly
benefit from gathering as many personal details as they can.
This information will not only guide delegates through their
debate but also add personality and flair to the experience. If
the assigned character is fictional or only loosely based on a
real figure, delegates have the unique and fun opportunity to
developtheirownpersonalitywithintheguidelinesprovided
by their biography.
Continual crisis committees do not pass resolutions;
depending on the committee, they can issue communiqus,
pressreleases,statements,decisions,andmilitarycommands,
to name only a few. In a militarily-oriented committee, for
example, delegates will discuss tactical and strategic as well
as political maneuvers.The possibilities are virtually endless;
continual crisis leaves the delegates free reign to steer the
course of history. In these committees, the Directors play a
role similar to those of the delegates, embodying the leader
of the cabinet.
Unlike traditional committees, continual crises do not
operate by the Rules of Procedure. Instead of a speakerslist,
mostofdebatewillbeconductedthroughmodifiedcaucuses,
allowing for a free flow of ideas and efficient progress.Voting

on decisions and other actions taken by the committee is


conducted by the Director, but he or she will be granted
greater discretion than in a traditional committee; although
the Director entrusts his or her cabinet with making decisions
in his or her name, he or she holds ultimate veto power over
all actions of the committee. Specific rules are stated in each
study guide and are at the discretion of the Director.
Perhaps the most important divergence of continual
crisis committees from their traditional counterparts is the
role of the crisis staff. In addition to voicing concerns verbally
inthecommitteeroom,individualdelegatescanalsoconduct
private affairs through liaisons in the crisis room, generating
a new and exciting dimension of the crisis. Each delegate has
a great deal of agency, and each is responsible for exercising
this power through communication with the crisis staff and
with the other delegates.
Committees set in a different time period
The Historical Security Council (1991), the Google
Executive Board (2023), the French Cabinet (1936), the
Exiled Revolutionaries (1850), the Kuomintang (1949),
the International Atomic Energy Agency (2025), and the
Bilingual Joint Cabinet Crisis: The Cuban Missile Crisis (1962)
(consisting of the Cuban, American, and Soviet Cabinets)
are set at the time period given in the study guide and on
the first day of committee. Delegates will not be allowed to
use or to reference any events that happened or information
that was gathered after the date in which the committee is set.
Anachronistic references will destroy the historical accuracy
of the simulation and detract from the enjoyment and overall
experience of all delegates.
Committees set in a language other than English
For the second year, HNMUN is proud to offer a
committee set in a language other than English. The Cuban
Cabinet of the JCC: The Cuban Missile Crisis will be
conducted entirely in Spanish as a continual crisis committee.
Delegates in this committee should maintain a high level of
proficiency in the language.

The Substantive Committee


Staff
The staff of Harvard National Model United Nations
havedistinctrolesandresponsibilitiesatconference.Delegates
may find that the substantive staff at HNMUN takes on a
more active role than what they have been accustomed to at
other Model United Nations conferences. The primary job
of the staff is to work with the delegates in achieving the
goals of the committee in particular and the conference as
a whole. The staff of each committee includes a Director,
a Moderator, and Assistant Directors. At HNMUN, the
Director is the substantive expert, and the Moderator is the
procedural expert; together, they share the duties of running

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the committee, rather than being coordinated by only one
committee chair.
Directors
The committee Director is the substantive expert of
the committee. At HNMUN, the Directors choose their
committees topic areas, prepare the study guides, and do
extensive amounts of other pre-conference substantive
preparation. The Director oversees submission of all
documents to be discussed. All draft resolutions and
amendments in committee must be approved and signed by
the Director to be presented to the committee as a whole.
Before accepting working papers and draft resolutions, the
Director is allowed to suggest changes if he or she feels that
the Questions a Resolution Must Answer (QARMAs) are
not sufficiently addressed or if it is similar in content to other
submissions.PleasenotethattheDirectormaynotapproveof
allwrittensubmissionsandmaysuggestappropriatechanges
before accepting any draft documents.
AnotherimportantroleoftheDirectoristooverseedebate.
As the substantive leader of the committee, the Director also
has the discretion to rule on all points and motions brought
beforethecommittee.TheDirectormayperiodicallycomment
on the direction of debate and suggest alternative courses of
action. Committees sometimes overlook important issues
within a topic area, and Directors are encouraged to bring
these to the attention of the delegates. As for committees
with crises, the direction of crises is determined entirely
by the course of debate. Statements made by Directors are
not meant to steer debate along a predetermined crisis plan,
although Directors are encouraged to guide delegates when
debate appears to have strayed from the topic at hand. Any
questions about substantive issues should be raised with the
Director.
Moderators
The Moderator performs the procedural role for which
the traditional chair at other MUN conferences would be
responsible.While the Director is the substantive expert, the
Moderator is the procedural expert who runs the committee
when it is in formal session. The Moderator has a full
understanding of the rules of procedure, and it is his or her
responsibility to facilitate the committees work by ensuring
that the sessions run smoothly. However, the Director retains
the ultimate power to rule any motions dilatory. In some
smaller committees, the moderator may also field some of
the substantive issues that Directors typically handle. Under
certain extreme situations, the Moderator is allowed to
suspend certain rules of procedure to streamline debate. Any
questions about procedural issues should be raised with the
Moderator.

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Assistant Directors
Beforetheconference,theAssistantDirectorspreparethe
updatestothecommitteestudyguide.Duringthesimulation,
their job is to aid the Director by answering delegates
questions,monitoringblocsduringcaucus,andbyproviding
sounding boards for delegate ideas, solutions, and concerns.
If the committee is producing a large amount of paperwork
at some point in the course of debate, Directors will rely on
the Assistant Directors to work directly with delegates on
preparing and suggesting revisions to draft resolutions.The
Assistant Directors also help keep track of the Speakers List,
votes, and other procedural matters. Delegates should feel
free to approach the Assistant Directors at any time with
questionsaboutthesubstanceorprocedureofthecommittee.

Awards
The ultimate goal of being a delegate at HNMUN is
to come away with a better understanding of the problems
facingtheworldtodayandhowtheseproblemscanbesolved.
Though awards are certainly not the focus of the simulation,
we do feel that certain delegates deserve to be singled out for
exceptionaldiplomaticworkincommittee.Committeeawards
will be given at HNMUN 2013 in recognition of superior
performances by country delegations; should two delegates
jointly represent a specific country in a given committee, the
awardswillbegiventobothdelegates,basedonanevaluation
of their overall, combined performance. Keep in mind that
awards are not given based on a point system, or based on
whichdelegateswritetheresolutionthatgetsthemostvotes;
rather, awards are decided by the committee staff based
on a holistic view of delegates performance in all aspects
throughout the course of the weekend. The following are
some of the criteria that are used in evaluating delegates:
Attendance at all committee sessions and adherence to
the official conference and hotel policies;
Quality of position papers;
Active participation in the process of working paper,
resolution, and amendment writing;
Contribution of innovative and pragmatic ideas to
substantive debate, both orally and in written form;
Exhibition of a desire to compromise, while adhering to
a countrys policies and interests;
Demonstration of co-operation with other delegates
in the process of working paper, draft resolution and
amendment writing, merging, and substantive debate;
Ability to work with and get along with other delegates;
Exhibition of an in-depth understanding and research
of the intricacies of the topic area.
Skill and effectiveness in caucusing, amendment and
resolution writing, and debate.

Guide the Delegate Preparation and Rules of Parliamentary Procedure


Awards will also be given to the schools whose delegates
bestexemplifytheabovequalities.Indeterminingthese
delegation awards, we will take into account both the
sheer number of individual awards won by a delegation
as well as the ratio of awards won to the size of the
delegation.

Rules of Parliamentary
Procedure
Introduction
HNMUNstrivestosimulatetheactualproceduralprocess
of the United Nations and has thus adopted a series of rules
with which to conduct debate. The Rules of Parliamentary
Procedure that we use at HNMUN are a synthesis of
parliamentary rules from a variety of sources. Do not be
discouraged by their length or complexity. Learning the rules
is like mastering a new language at rst it is a bit confusing,
but after a little practice you learn how to function in the new
environment.
The rules found in the Conference Handbook supersede
all previous versions, including those provided to you in the
Study Guides and Guide to Delegate Preparation before
conference. In reading over and studying the rules, your
goal should be to know the rules so well that you can focus
on substantive issues and not be distracted or confused by
the procedural aspects of the committee sessions. Often,
parliamentary procedure can be employed as a means of
diplomaticmaneuvering.Afteryoubecomesufcientlyadept
at parliamentary procedure, you can use the Rules to your
advantage.
Some aspects of parliamentary procedure are often
misunderstood. They include:
Precedece: Precedence is the hierarchy established
betweendifferentmotions.Thus,afteraModeratorrecognizes
a motion from the oor, he or she may ask if there are any
other motions on the oor. If, for example, another delegate
makes a different motion, the Moderator will act on the
motion of higher precedence rst.
Quorum:Aquorumistheminimumnumberofdelegates
who must be present for the committee to conduct business.
Unless challenged and shown to be absent, a director may
permit debate when he or she feels that at least one-quarter
of the members are present. To conduct substantive votes,
such as those on resolutions or amendments, a majority of
the members must be present.
Points: There are three types of points at HNMUN. A
delegate may rise to a Point of Personal Privilege. Although
they are in order at any time (a delegate may rise to this point
even during a speech), delegates should use caution when
employing this point; it should only be used when a delegate
experiences extreme discomfort which may prevent him or

her from engaging in worthwhile debate (for example, if the


delegatecannothearthespeechbeinggiven).Adelegatemay
also rise to a Point of Order. Used to call attention to an
instanceofimproperparliamentaryprocedure,thispointisin
order only when the oor is open, unless it interrupts a speech
that is itself out of order. Finally, a delegate may rise to a Point
of Parliamentary Inquiry. This point is used when a delegate
is unclear about a specic aspect of parliamentary procedure
and is usually phrased as a question. It is not, however, used
to obtain substantive information about a topic and may only
be raised when the floor is open.
Procedural versus Substantive Motions: A motion is
procedural when it concerns the application of these Rules
of Parliamentary Procedure. No abstentions are allowed
when voting on such motions; all members of the committee
must vote, including accredited observers and non-member
states. A motion is substantive if it concerns the passage of
the content of a draft resolution or amendment. Abstentions
areallowedandonlymemberswithvotingpowerareallowed
to vote.
The Rules of Parliamentary Procedure are divided into
several sections, described below:
General Rulesincludes rules that govern who is entitled
toparticipateincommittees,howdelegateswillinteractwith
the staff of the conference, and under what circumstances
and in what ways committee sessions may be held.
Rules Governing Debate includes rules that establish
how formal debate runs, how the agenda is set, how debate is
closed, and how caucuses work.
Rules Governing Speeches includes rules on the
speakerslist, speeches, yields, comments, and rights of reply.
Rules Governing Pointsdescribes the points that can be
made during committee session.
Rules Governing the Path to a Resolutionincludes rules
on working papers, resolutions, and amendments.
Rules GoverningVotingdescribe how procedural votes
will be taken and how voting procedure will be conducted.
If you are still unclear about the Rules of Procedure, the
committee staff will be able to explain any ambiguities or
answer any questions.

General Rules
RULE #1 - SCOPE: These rules for the General Assembly,
the Economic and Social Council, the Regional Bodies,
and the Security Council simulations are self-sufcient,
exceptformodicationsprovidedbytheSecretariat,and
will be considered adopted in advance of session. No
other rules of procedure are applicable. If the Director
provides alternate rules based on the nature of the
committee,thoseruleswillalwaystakeprecedenceover
these in the event of a conflict.

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RULE #2 - LANGUAGE: English will be the ofcial and
workinglanguageoftheconference.Theonlyexception
to this rule are explicitly designated special language
committees. The Directors decision on this matter will
not be subject to appeal.
Rule #3 - Delegations: Each member will be represented
byoneortwodelegatesandonevoteoneachcommittee.
Observer states are considered non-members (see Rule
#5).
Rule #4 - Credentials: The credentials of all delegations
have been accepted upon registration. A credential
is defined as the permission granted to a delegate or
delegatestorepresentaparticularcountryinaparticular
committee.Actionsrelatingtothemodificationofrights,
privileges, or credentials of any member may not be
initiated without the consent of the Secretary-General.
Anyrepresentativetowhoseadmissionamemberobjects
will provisionally be seated with the same rights as other
representatives,pendingadecisionfromthecommittee
staff.
Rule #5 - Participation of Non-Members: Representatives
of Accredited Observers and of Non-Member States
will have the same rights as those of full members,
except that they may not vote on any substantive issues.
Representatives of Non-Governmental Organizations
will also have the same rights as those of full members,
except that they may not vote on any issues, both
procedural and substantive.
Rule #6 - Statements by the Secretariat: The SecretaryGeneral or a member of the Secretariat or Executive staff
mayatanytimemakeeitherwrittenororalstatementsto
the committee.
Rule #7 - Powers of the Committee Staff: The Moderator
of the committee will declare the opening and closing
of each meeting. The Moderator will accord the right
to speak, announce decisions, rule on procedural
points, and ensure and enforce the observance of
these rules. The Moderator may temporarily transfer
his or her duties to another member of the committee
staff. If the committee does not have an appointed
Moderator, the Director will assume the responsibilities
of the Moderator. Committee staff members may also
advise delegates on the possible course of debate. The
Director may interrupt committee proceedings to allow
for a presentation, guest speaker, or expert witness.
Additionally, the Director or Moderator may allow an
NGO delegate to speak upon being introducted to
the committee. Ruling on all motions is subject to the
discretion of the committee staff. In the exercise of

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these functions, the committee staff will be at all times


subject to these rules and responsible to the SecretaryGeneral.
Rule #8 - Appeal: Any decision of the Moderator or
Director, with the exception of those matters that are
explicitlystatedtobeunappealable,maybeappealedby
adelegate.Appealsonlyrefertoproceduralmotions,not
substantivedecisions.Amotiontoappealmustbemade
immediately after the decision of the committee staff is
made.Thedelegatewillberecognizedforthirtyseconds
to explain his motion and there will be no further debate
on this matter. The Moderator or Director may speak
briefly in defense of the ruling. The appeal will then be
put to a vote, and the decision of the dais will stand
unless overruled by two-thirds of the total membership.
A No vote on the appeal indicates support of the dais
ruling; a Yes vote indicates opposition to that ruling.
Thefollowingrulesmayneverbeappealedbyadelegate:
a. Directors approval of a draft resolution or amendment
(Rule #30 and #32).
b. Moderators decision to rule a moderated or
unmoderated caucus out of order (Rule #14 and #15).
c. Moderators decision to end an unmoderated caucus
early (Rule #14).
d. Moderators decision to rule a motion for suspension
or adjournment out of order (Rule #17).
e. Moderators decision to refuse a right of reply (Rule
#24).
f. Moderators decision to refuse Clarificatory Points on a
draft resolution (Rule #31).
g. Moderators decision to rule a motion for a roll call
vote out of order (Rule #37).
Rule #9 - Quorum: The Director may declare a committee
open and permit debate to proceed when at least onequarter of the members of the committee are present.
A member of the committee is a representative who
is officially registered with the United Nations in that
committee or with the given body. The presence of
a majority of the members will be required for any
substantive vote. A quorum will be assumed to be
present unless specifically challenged and shown to be
absent. A roll call is never required to determine the
presence of a quorum.
RULE #10 - Courtesy: Delegates will show courtesy and
respecttothecommitteestaffandtootherdelegates.No
talking is allowed in the committee room, except during
an unmoderated caucus or when recognized by the dais
staff. The Moderator will immediately call to order any
delegate who fails to comply with this rule.

Guide the Delegate Preparation and Rules of Parliamentary Procedure


RULE #11 - ELECTRONICS: No use of electronic
devices by delegates is allowed in the committee room
during formal debate or moderated caucusing. These
devices include, but are not limited to: laptops, tablets,
and smartphones. Electronics may be used outside the
committee room, while caucusing, or in the Computer
Labs. Only laptops may be used in the committee room
during unmoderated caucusing.
Rules Governing Debate
RULE #12 - Agenda: The first order of business for the
Committee will be the consideration of the agenda.
A motion should be made once the committee has come
to order to put a topic area first on the agenda.
The only topic areas that may be proposed for the
agenda are those listed in the preparation materials.The
Director may modify these topic areas at his or her
discretion. If a committee only has one topic area, the
agenda is automatically set to this topic area.
A for-against Speakers List with no comments will
be established to debate the motion. Speakers for
will speak in support of the topic area suggested;
speakers against will speak in favor of the other topic
area. During this time, no motions for moderated or
unmoderated caucuses will be in order.
A motion to close debate on setting the agenda will
be in order after the committee has heard at least two
speakers for the motion and at least two against the
motion. In accordance with the normal procedure
described in Rule #16, the Moderator will recognize
two speakers against the motion to close debate, and a
vote of two-thirds is required for closure of debate on
the agenda. If the Speakers List on setting the agenda
is exhausted, debate will automatically be closed even
if a motion to close debate would not normally be in
order.
When debate is closed, the committee will move to an
immediate vote on the motion. A simple majority is
required for passage. If the motion fails, the other topic
area will automatically be placed first on the agenda.
After debate is closed and voting procedures on the
first topic area are concluded, debate will automatically
begin on the second topic area; no motion is necessary.
The Secretary-General or a representative may call
upon a committee to table debate on the current topic
area so that a more urgent matter may be attended
to immediately. A delegate may then motion to table
debate for a more urgent matter. After a resolution
has been passed on the new topic, the committee will
return to debate on the tabled topic.

If all resolutions on the new topic fail, the committee


may return to debate on the tabled topic area only at
the discretion of the committee Director.
RULE#13- Debate:Aftertheagenda hasbeendetermined,
onecontinuouslyopenSpeakersListwillbeestablished
for the purpose of general debate. This Speakers List
will be followed for all debate on the topic area, except
when interrupted by procedural motions, discussion of
amendments, or the introduction of a draft resolution.
Speakers may speak generally on the topic area being
considered and may address any working paper or draft
resolutioncurrentlyonthefloor.Delegatesmaynotrefer
to any working paper, draft resolution, or amendment
that has not yet been introduced to the committee. An
open floor denotes that the committee is in formal
debate.
RULE #14 - UNMODERATED CAUCus: A motion for
an unmoderated caucus is in order at any time when the
floor is open, prior to closure of debate. Unmoderated
caucusesarenotallowedduringsettingtheagenda.The
delegate making the motion must specify a time limit
for the caucus, but is not required to specify a purpose
for the caucus. A majority of members is required for
passage. The Moderator may rule the motion dilatory
and may end the unmoderated caucus early, and these
decisions are not subject to appeal.
RULE #15 - MODERATED CAUCUS: The purpose
of the moderated caucus is to facilitate substantive
debate at critical junctures in the discussion. Moderated
caucuses are not allowed during setting the agenda. In a
moderatedcaucus,theModeratorwilltemporarilydepart
from the SpeakersList and call on delegates to speak at
his or her discretion. A motion for a moderated caucus
is in order at any time when the floor is open, prior to
closureofdebate.Thedelegatemakingthemotionmust
briefly explain its purpose and specify a time limit for the
caucus as well as the time limit per speech. A majority
of members is required for passage. No motions are in
order during a moderated caucus. If no delegate wishes
to speak during a moderated caucus, the caucus shall
immediately end.The Moderator may end a moderated
caucus early at his or her discretion.The Moderator may
also rule the motion dilatory, and this decision is subject
to appeal.
RULE #16 - Closure of Debate: When the floor is open,
a delegate may move to close debate on the substantive
or procedural matter under discussion. Delegates may
move to close debate on the general topic, debate on
theagenda,ordebateonanamendment.TheModerator
may rule such a motion dilatory.When closure of debate

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is moved, the Moderator may recognize two speakers
against the motion. No speaker in favor of the motion
willberecognized.Closureofdebaterequiresthesupport
of two-thirds of the committee. If the committee is in
favor of closure of debate, the Moderator will declare
the closure of the debate and move the committee to
immediate voting procedure. If a given SpeakersList is
exhausted, debate will automatically be closed.

wish to be added to the Speakers List. The names of the


next several countries to speak will always be posted
or announced for the convenience of the committee.
A Speakers List for the second topic area will not be
openeduntilthecommitteehasproceededtothattopic.
A motion to close any Speakers List is never in order. If
the Speakers List is exhausted and there are no more
points or motions, debate is automatically closed.

RULE #17 - Suspension or Adjournment of the Meeting:


Whenever the floor is open, a delegate may move for the
suspension of the meeting (suspending all committee
functionsuntilthenextmeeting),orfortheadjournment
of the meeting (suspending all committee functions for
the duration of the conference). The Moderator may
rule such motions out of order; these decisions will
not be subject to appeal. When in order, these motions
are not debatable, but will be immediately put to a vote
barringanymotionstakingprecedenceandtheyrequire
a majority to pass. A motion to adjourn will be out of
order prior to the lapse of three-quarters of the time
allotted for the last meeting of the committee.

RULE #20 - Speeches: No delegate may address a session


without having previously obtained the permission of
the Moderator. The dais may call a speaker to order if
his or her remarks are not relevant to the subject under
discussion or are offensive to committee members or
staff. Speeches must be made in the third person and no
delegatemaydirectlyaddressanotherdelegation.When
adelegateexceedstheallottedtimedecidedforspeeches
as described in Rule 19, the Moderator may call the
speaker to order.

RULE #18 - Postponement and Resumption of Debate


(TABLING): Whenever the floor is open, a delegate
may move for the postponement of debate on a draft
resolution or amendment currently on the floor. The
motion, otherwise known as tabling, will require
a two-thirds vote to pass and will be debatable to the
extent of two speakers in favor and two opposed. No
debate or action, including voting, will be allowed on
anydraftresolutionoramendmentonwhichdebatehas
been postponed. A motion to resume debate on a draft
resolution or amendment on which debate has been
postponed will require a majority to pass and will be
debatable to the extent of two speakers in favor and two
opposed. Resumption of debate will cancel the effects
of postponement of debate.
Rules Governing Speeches
RULE #19 - Speakers Lists: The Committee will have an
openSpeakersListforthetopicareabeingdiscussed(see
Rule #13).The Moderator will either set a speakers time
or entertain motions to set a speaking time. Motions to
changethespeakingtimewillbeentertainedintheorder
in which they are introduced. Separate Speakers Lists
willbeestablishedasneededforproceduralmotionsand
debate on amendments. A country may add its name
to a Speakers List by submitting a request in writing
to the dais, provided that the nation is not already on
the Speakers List, and may remove its name from the
Speakers List by submitting a request in writing to the
dais. At any time, a Moderator may call for members that

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RULE #21 - ABSENCE: Delegates who are absent from


committeewhenrecognizedbythedaisforfeittheirtime.
The Moderator shall continue with debate.
RULE #22 - Yields: After being recognized from the
Speakers List, a delegate may yield any or all of his
or her time in one of three ways: to another delegate,
to questions, or to the dais. Please note that only one
yield is allowed. A delegate must declare any yield at the
conclusion of his or her speech.
Yield to another delegate: The speakers remaining time
will be offered to that delegate. If the delegate accepts
the yield, the Moderator shall recognize the delegate
for the remaining time.The delegate may not make any
further yields. To turn the floor over to a co-delegate of
the same member state is not considered a yield.
Yield to questions: Questioners will be selected by the
Moderator and limited to one question each, which
will be limited to thirty seconds. Follow-up questions
will not be allowed. The Moderator will have the right
to call to order any delegate whose question is, in the
opinion of the Moderator, rhetorical, leading, or not
designed to elicit information. Only the speakers
answers to questions will be deducted from the
speakers remaining time.
Yield to the dais: Such a yield should be made if the
delegate does not wish his or her speech to be subject
to comments (Rule 23). The Moderator will then move
to the next speaker.

Guide the Delegate Preparation and Rules of Parliamentary Procedure


RULE #23 - Comments: If a speech from a Speakers
List ends with no yields, the Moderator may recognize
delegates, other than the initial speaker, to comment for
thirtysecondseachonthespecificcontentofthespeech
just completed.The Moderator may rule a comment out
of order if it is irrelevant or does not pertain directly to
the preceding speech. Commenters may not yield. No
comments will be in order during debate on procedural
motions, amendment discussion, or in moderated
caucuses. A maximum of two comments will be taken
on any speech.

formalizing (in written form) ideas expressed in the


committee. Working papers need not be in draft
resolution format.Working papers require the approval
of the Director to be copied and distributed, and may
contain signatories of contributors. Once distributed,
delegates may begin to refer to that working paper by
its designated number, but otherwise, debate proceeds
normally on the topic. There is no formal introduction
of working papers; they are considered introduced as
soon as they are distributed. There are no votes for the
approval of working papers.

RULE #24 - Right of Reply: A delegate whose personal or


nationalintegrityhasbeenimpugnedbyanotherdelegate
may submit a request for a Right of Reply only in
writingtothe committee staff.The Moderatorsdecision
whether to grant the Right of Reply is unappealable,
and a delegate granted a Right of Reply will address the
committee at the request of the Moderator for thirty
seconds.

RULE
#29
SIGNATORIES
FOR
DRAFT
RESOLUTIONS: A motion to introduce a draft
resolution (see rule #30) will be in order when it
receives the approval of the Director and is signed by
25 members in the General Assembly, 15 members in
the Economic and Social Council and the Regional
Bodies committees with greater than 40 member states,
8 members in the Economic and Social Council and the
Regional Bodies committees with less than or equal to
40 member states, or 4 members in Security Council
simulations. The final number of signatories required
for each committee will be publicized at the beginning
of the conference, as it is contingent on the eventual size
of the committee. Signing a draft resolution need not
indicate support of the draft resolution. Signing a draft
resolution only indicates a desire for the draft resolution
to be discussed in committee. The signatory has no
further obligations. A delegate may be a signatory on
more than one resolution.There are no official sponsors
or authors of draft resolutions.

Rules Governing Points


RULE #25 - Points of Personal Privilege: Whenever a
delegateexperiencespersonaldiscomfortwhichimpairs
his or her ability to participate in the proceedings, he or
she may rise to a Point of Personal Privilege. A Point of
Personal Privilege may interrupt a speaker only if the
speakerisinaudibleanddelegatesshouldusethispower
with the utmost discretion.
RULE #26 - Points of Order: During the discussion
of any matter, a delegate may rise to a Point of Order
to indicate an instance of improper parliamentary
procedure. The Point of Order will be immediately
decidedbytheModeratorinaccordancewiththeserules
of procedure. The Moderator may rule out of order
thosepointswhichareimproper.Arepresentativerising
to a Point of Order may not speak on the substance of
the matter under discussion. A Point of Order may not
interrupt a speaker.
RULE #27 - Points of Parliamentary Inquiry: When
the floor is open, a delegate may rise to a Point
of Parliamentary Inquiry to ask the Moderator a
question regarding the rules of procedure. A Point of
Parliamentary Inquiry may never interrupt a speaker.
Delegates with substantive questions should not rise to
this point, but should rather approach the committee
staff during caucus or send a note to the dais.
Rules Governing the Path to a Resolution
RULE #28 - Working Papers: Delegates may propose
working papers for committee consideration.Working
papers aid discussion of draft resolutions through

RULE #30 - Introduction of DRAFT Resolutions: Once


adraftresolutionhastherequisitenumberofsignatories,
has been approved by the Director, and has been
distributed, a delegate may move to introduce the draft
resolution. A procedural vote is then taken to determine
whether the resolution shall be introduced. Should the
motion receive the simple majority required to pass, the
draft resolution shall be considered introduced and on
the floor. More than one draft resolution may be on the
floor at any one time, but at most one draft resolution
may be passed per topic area. A draft resolution will
remain on the floor until debate on that specific draft
resolution is postponed or a draft resolution on that
topic area has been passed. Debate on draft resolutions
proceeds according to the general Speakers List on
the topic area, and delegates may then begin to refer
to that draft resolution by its designated number. No
delegate may refer to a draft resolution until it is formally
introduced.

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RULE #31 - CLARIFICATORY POINTS ON
RESOLUTIONS: At the Moderators discretion, he
or she may recognize a delegate or group of delegates
rising to answer clarificatory points on an introduced
draft resolution, or the Moderator may answer these
points him or herself.These points are non-substantive
and typically refer to typographical errors or mistakes
in the punctuation and spelling of the document in
question.The Moderators decision on this matter is not
subject to appeal. Any substantive points will be ruled
out of order during this period, and the Moderator may
end this clarificatory question-answer period for any
reason, including time constraints.
RULE #32 - Amendments: Delegates may amend any
draft resolution which has been introduced. Only one
amendment may be introduced at any given time. The
motion to introduce an amendment is considered a
proceduralmotion,andthefinalvoteontheamendment
is a substantive vote. An amendment must have the
approval of the Director and be signed by 12 members
in the General Assembly, 10 members in the Economic
and Social Council and the Regional Bodies committees
with greater than 40 member states, 6 members in the
Economic and Social Council and the Regional Bodies
committees with less than or equal to 40 member states,
or 3 members in Security Council simulations. The final
numbers for required signatures will be posted at the
beginning of the conference, as they are contingent on
the eventual size of the committee. Amendments are
numbered in the order in which they are introduced.
Sincetherearenofriendlyamendments,allamendments
mustbevotedonbytheentirecommitteetobeincluded
inthedraftresolution.Amendmentstoamendmentsare
out of order; however, an amended part of a resolution
may be further amended at a later time. Like draft
resolutions,therearenoofficialsponsorsofamendments.
Preambulatory phrases may also be amended.
A motion to introduce an approved amendment may be
made when the floor is open. Amendments do not need
to be introduced in the order in which they are received.
If the motion receives the simple majority required to
pass, the Moderator will read the amendment aloud,
time permitting. General debate on the topic area will
be suspended, and a Speakers List will be established
for and against the amendment.

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A motion to close debate will be in order after the


committee has heard at least two speakers for the
amendment and at least two against or if the Speakers
List has been exhausted. Otherwise, following the
normal procedure of Rule 15, the Moderator will
recognize at most two speakers against the motion to
close debate on the amendment, and a vote of twothirds is required for closure.
When debate is closed on the amendment, the
committee will move to an immediate substantive vote
on whether or not to adopt the amendment. Votes
on amendments are substantive. If this vote receives
the simple majority required, the amendment will be
considered part of the draft resolution. After the vote,
debate will resume according to the general Speakers
List on the topic.
Rules Governing Voting
RULE #33 - PROCEDURAL VOTING: All voting is
considered procedural with the exception of voting
on draft resolutions and amendments. Delegates must
vote on all procedural motions, and no abstentions
are allowed. A motion that requires a simple majority
needs more affirmative than negative votes to pass. A
motion that requires two-thirds to pass requires exactly
or more than two-thirds of the votes to be affirmative.
In Security Council simulations, a procedural motion
requires nine votes to pass. If there is an insufficient
number of speakers for/against a motion, the motion
will automatically fail/pass.
RULE #34 - SUBSTANTIVE VOTING: The only
substantivevotingwillbevotingondraftresolutionsand
amendments. All other votes will be procedural votes.
After debate has been closed on the general topic area,
the committee will move into final voting procedures
and the chambers are then sealed. At that point, only
the following points and motions will be entertained:
Division of the Question, Reordering Draft Resolutions,
Motion for a Roll Call Vote, Point of Personal Privilege,
Point of Parliamentary Inquiry, and Point of Order.
If there are no such motions, the committee will vote
on all draft resolutions. For substantive voting, each
country will have one vote. Each vote may be a Yes,
No, or Abstain. Members who abstain from voting
are considered as not voting. All matters will be voted
upon using placards by default, except if a motion for
a roll call vote is accepted. A simple majority requires
Yes votes from more than half the members voting,
as in more affirmative votes than negative votes. Once
any resolution has been passed, the voting procedure
is closed, as only one resolution may be passed on a
topic area. In Security Council simulations, a substantive

Guide the Delegate Preparation and Rules of Parliamentary Procedure


vote requires nine votes to pass, and the five permanent
members of the United Nations have the power to
veto any substantive vote. In the North Atlantic Treaty
Organization, any member has the power to veto any
substantive vote.
RULE #35 - Division of the Question: After debate on
any topic has been closed, a delegate may move that
the operative parts of a draft resolution be voted on
separately. Preambulatory clauses and sub-operative
clauses may not be removed by division of the question.
The motion can be debated to the extent of at most
two speakers for and two against, to be followed by an
immediate procedural vote on that motion.
If the motion receives the simple majority required to
pass, the Moderator will take motions on how to divide
the question and prioritize them from most severe to
least severe.
The committee will then vote on the motions in the
order set by the Moderator. If no division passes, the
resolution remains intact. Once a division, requiring a
simple majority, has been passed, the resolution will be
dividedaccordingly,andaseparatesubstantivevotewill
be taken on each divided part to determine whether
or not it is included in the final draft. If all of the
operative parts of the substantive proposal are rejected,
the draft resolution will be considered to have been
rejected as a whole.
Parts of the draft resolution that are subsequently
passed will be recombined into a final document. The
final document will be put to a substantive vote as a
whole, requiring a simple majority of those votingyes
to pass.
RULE #36 - REORDERING DRAFT RESOLUTIONS:
After debate is closed, a motion to change the order of
voting on draft resolutions currently on the floor will be
in order. This motion takes precedence over a motion
to divide the question on a resolution. The delegate
raising this motion will indicate the desired ordering of
draft resolutions. The default order will be the order in
which the draft resolutions were introduced. There will
be no debate on this motion, and it will require a simple
majority to pass. Only one such motion can pass in each
round of voting procedures. The reordering proposals
will be voted on in the order that they were received;
there is no precedence of one over the other. Hence, the
Moderator will first take all proposals for reordering, and
then proceed to call for votes on each one, until one of
them passes.

RULE #37 - Roll Call Voting: After debate is closed on


any topic area, any delegate may request a roll call vote
on any draft resolution being considered. Such a motion
may be made from the floor and agreed on by a third of
the committee. A motion for a roll call vote is in order
only for the final substantive vote on a draft resolution.
In a roll call vote, the Moderator will call countries in
alphabetical order starting with a selected member.
In the first sequence, delegates may vote Yes, No,
Abstain, or Pass. A delegate may request the right to
explain his/her vote only when the delegate is voting
against the policy of his/her country; such a vote is
termed with Rights. The delegate may only explain
an affirmative or negative vote, not an abstention from
voting.
A delegate who passes during the first sequence of the
roll call must vote either Yes or No during the
second sequence. The same delegate may not request
the right to explain his/her vote. The Moderator will
then call for changes of votes.
All delegates who had requested the right of explanation
will be granted time to explain their votes, not to exceed
thirty seconds.
The Moderator will then announce the outcome of the
vote.
Precedence of Motions
Precedence: Motions will be considered in the following
order of precedence:
1. Point of Personal Privilege (Rule 25)
2. Point of Order (Rule 26)
3. Point of Parliamentary Inquiry (Rule 27)
4. Adjournment of the Meeting (Rule 17)
5. Suspension of the Meeting (Rule 17)
6. Unmoderated Caucus (Rule 14)
7. Moderated Caucus (Rule 15)
8. Motion to Change Speaking Time (Rule 19)
9. Introduction of a Draft Resolution (Rule 30)
10. Introduction of an Amendment (Rule 32)
11. Postponement of Debate (Rule 18)
12. Resumption of Debate (Rule 18)
13. Closure of Debate (Rule 16)
At the start of final voting procedure, only the following
points and motions are in order, in the following order of
precedence:
1. Point of Personal Privilege (Rule 25)
2. Point of Order (Rule 26)
3. Point of Parliamentary Inquiry (Rule 27)
4. Reordering Draft Resolutions (Rule 36)
5. Division of the Question (Rule 35)
6. Motion for a Roll Call Vote (Rule 37)

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Guide To Delegate Preparation and Rules of Parliamentary Procedure

Sample Position Paper


Delegation: The Russian Federation
Committee: Disarmament and International Security Committee
Topic A: Separatism
The Russian Federation considers separatism to be one of the gravest dangers facing the world today. Separatist groups
threaten peace and security around the world. From developing countries like the Philippines to developed countries like
Spain, the stability of both the internal structure of states and of the international world order is under attack. The danger of
separatismhasgrownevengreaterinrecentyears,asseparatistgroupsinmanycountrieshavebecomeincreasinglylinkedboth
with religious extremism and with international terrorist networks.Though separatism once could be considered an internal
affair, it now must be seen within the context of international security. An attack on one country by a separatist group is
frequentlyanattackontheinternationalsystemitself,asseparatistgroupsincreasinglyuseterroristtacticsdesignedtodestabilize
an entire region.Thus, it is essential that the Disarmament and International Security Committee consider ways to address the
destabilizingimpactofseparatism.Inparticular,Russiabelievesthatthecommittee,whilereiteratingtheUNscondemnationof
separatism in general, must work to provide aid to states victimized by separatist groups and must facilitate the means by which
the international connections of separatists groups can be analyzed.
Asacountryparticularlyvictimizedbyseparatistmovements,Russiastronglyopposesanyattempttogivelegitimacytoany
group that uses terrorist tactics and any move by the UN to recognize a so-calledright to secession.The Russian Federation
hascontendedwithseparatistterroristsinChechnyaandtheNorthCaucasusforoveradecade,anditbelievesthatitsexperience
inthisregiongivesamplereasonsforwhytheUNshouldneverrecognizeseparatistgroups,exceptasagreedtobythevictimized
state. As Russia has learned over the course of the conflict in Chechnya, separatists are frequently aided by international
terrorist networks, including those preaching religious extremism. For example, the perpetrators of the atrocity at Beslan in
2004 included two Arabs. It is believed that a great deal of the funding that goes to Chechen separatists comes from religious
extremistsintheIslamicworld.Furthermore,Chechnyaprovidesnumerousexamplesoftheviletacticsusedbymanyseparatist
groups; whether by setting bombs in Moscow apartments, murdering children in Beslan, invading civilian neighborhoods in
Nalchik, or raiding homes in Chechnya itself, Chechen separatists seem to stop at nothing to further their end. These are not
freedom fighters. These are terrorists.
The Russian Federation accepts that UN mediation can be extremely useful in ending wars, including wars of separatism;
however, it insists that any UN presence can only come with the consent of the UN member state involved, and there should
never be an assumption that the end-point of negotiations will be secession. Russia sees the Sudanese experience as the one
that should be the framework for any future UN involvement in secessionist conflicts. UN mediation was largely responsible for
ending the Sudanese Civil War, but only because the UNs presence at the negotiating table came as a result of a request from
theSudanesegovernment,becausetheSPLAwasseentobethelegitimatevoiceoftheSouthSudanesepeople,andbecausethe
SPLA was not a terrorist organization.The negotiations were successful, ended the war, and created a framework of autonomy
forSouthSudan;however,ifanyofthesefactorshadbeenabsent,peacewouldhavebeenimpossible.Therefore,Russiabelieves
that while it is possible for the UN to establish a framework for dealing with separatist groups, it must also work to determine
thelegitimacyofthosegroups,thelegitimacyoftheirdemands,andanylinksbetweenthosegroupsandinternationalterrorism;
furthermore, it must remember that, from a political rather than military perspective, separatism is an internal issue, and must
be treated as such.

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Sample Working Paper


The purpose of the Working Paper is to clearly communicate the interests of one or more countries. Please note that there
is no set format for working papers; the following is just one example of a possible working paper. To facilitate the process,
working papers should include the name and topic of the committee and should list the countries which wrote the paper.
Pending the approval of the Director, working papers may be copied and distributed to the committee.
Committee: UN Conference on Trade and Development
Topic A: Generalized System of Preferences
Submitted by Bolivia, Peru, and Ecuador
Bolivia, Peru, and Ecuador believe that a GSP should be set up so that Lesser-Developed Countries (LDCs) receive preferential
treatment from Developed Countries (DCs). To that end we propose:
1. Each DC reduce their tariffs to the lowest level possible. This level will be determined by the below created
subcommittee,
2. Bilateral trade agreements should be pursued for further reductions in tariffs.
3. Trade preferences should be granted in the following areas:
Agriculture
Manufactures
Semi-manufactures
Raw materials
4. Decisions on product coverage by preference giving nations be made in consultation with the affected LDC. Annual reevaluation of coverage shall take place with the LDC with disputed going to the below-created subcommittee.
5. A subcommittee of UNCTAD should be created with equal membership of developed and developing countries. This
subcommittee would have the following powers:
a. To mediate disputes between preference givers and receivers
b. Make recommendations which all countries should follow
c. Serve as a forum for airing grievances relating to the GSP
d. Report regularly to the Secretary-General
Membership should be as follows:
a. Five permanent nations from the DCs
b. Five permanent nations from the LDCs and LLDCs
c. Ten members elected annually by UNCTAD
Voting rights will have to be worked out, but the UN format for subcommittees seems best. Of course, we are amenable to
change.

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Guide To Delegate Preparation and Rules of Parliamentary Procedure

Resolution Format Guide


Heading
The title should be in capital letters, above the main body of the resolution. The title consists of a number (signifying the
first or second topic area being discussed), followed by another number (identifying the individual resolution). For example, the
first draft resolution on the first topic area discussed would be titledDraft Resolution 1.1accordingly.The committee Director
will assign the number once the resolution has been approved.
On the left margin and two lines below the title should be:
(1) the committee name
(2) the topic addressed by the resolution, and
(3) the signatories of the resolution.
NOTE: There are no sponsors of a resolution.
Body
The resolution is written in the format of a long sentence. Just as grammatical rules make a language more uniform in its
usage, so is the resolution in its format.
The resolution begins with The General Assembly, for all GA committees and with The Economic and Social Council,
for all ECOSOC committees. The Regional Bodies and the Security Council use their own names as the introductory line. The
rest of the resolution consists of phrases and clauses with the first word of each phrase/clause underlined.
The next section, consisting of Preambulatory Phrases, describes the problem being addressed, recalls past actions taken,
explains the purpose of the resolution, and offers support for the operative clauses that follow. Each clause in the preamble
begins with an underlined word and ends with a comma.
OperativeClausesarenumberedandstatetheactiontobetakenbythebody.Theseclausesallbeginwithpresenttenseactive
verbs, which are generally stronger words than those used in the Preamble. Each operative clause is followed by a semi-colon
except the last, which ends with a period. Any sub-operative clauses (or sub-sub-clauses, etc,) also should end with a semi-colon.
There should be no periods in the body of the resolution.
Content
Of course, the most important characteristic of the final resolution is the content, which will be carefully scrutinized by the
Director before approval. A well-written resolution demonstrates:
Familiarity with the problem. Relevant background information and previous United Nations actions are included.
Recognition of the issues. Arguments on the topic are specified early. At a minimum, the resolution should address in
some form all the issues listed in the Questions a Resolution Must Answer section of the Study guide.
A clear and concise style. Every clause and phrase should have a purpose.
Good form. Each phrase and clause should follow the exact format described above.

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Guide the Delegate Preparation and Rules of Parliamentary Procedure


Preambulatory Phrases
Affirming
Alarmed by
Approving
Aware of
Believing
Bearing in mind
Cognizant of
Confident
Contemplating
Convinced
Declaring
Deeply concerned
Deeply conscious
Deeply convinced
Deeply disturbed
Deeply regretting
Desiring
Emphasizing
Expecting
Expressing its appreciation
Expressing its satisfaction
Fulfilling
Fully aware
Fully alarmed
Fully believing
Further deploring
Further recalling

Guided by
Having adopted
Having considered
Having considered further
Having devoted attention
Having examined
Having heard
Having received
Having studied
Keeping in mind
Noting further
Noting with regret
Noting with satisfaction
Noting with deep concern
Noting further
Noting with approval
Observing
Realizing
Reaffirming
Recalling
Recognizing
Referring
Seeking
Taking into account
Taking note
Viewing with appreciation
Welcoming

Operative Clauses
Accepts
Affirms
Approves
Authorizes
Calls for
Calls upon
Confirms
Considers
Declares accordingly
Deplores
Draws attention
Designates
Emphasizes
Encourages
Endorses
Expresses its appreciation
Expresses its hope
Further invites
Further proclaims

Further reminds
Further recommends
Further requests
Further resolves
Has resolved
Notes
Proclaims
Reaffirms
Recommends
Reminds
Regrets
Requests
Resolves
Solemnly affirms
Strongly condemns
Supports
Takes note of
Trusts
Urges

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Guide To Delegate Preparation and Rules of Parliamentary Procedure

Sample Resolution
DRAFT RESOLUTION 1.1
Committee: Commission on Information Regulation
Topic: International Newsflow Imbalance
The Economic and Social Council,
Recalling its Resolution A/36/89 of 16 December 1981, The Declaration on Fundamental Principles Concerning the
Contribution of the Mass Media to Strengthening Peace and International Understanding,
Further recalling Article 19 of the Universal Declaration of Human Rights, Everyone has the right to...receive and impart
information and ideas through any media and regardless of frontiers,
Recognizing that the problem of newsflow imbalance is that two-way information among countries of a region is either
nonexistent or insufficient and information exchanged between regions of the world is inadequate,
Realizing the need for all sovereign nations to maintain their integrity and still play an active role in the international system,
1.Recommendsthatathree-levelinformationinterchangesystembeestablishedonthenational,regional,andinternational
levels to ameliorate the current problems of newsflow imbalance, to operate as follows:
a. Each regionsmember nations will report their national information and receive the information of other nations in
their region from the regional level of this interchange system;
b. Nations will decide the character of the newsflow media best suited to the need of their sovereign territory, be this
printed, audio, or audio-visual;
c. Regional News Gathering Agencies will serve to gather information from the nations in their region, and these
boards will have no editorial discretion and will serve to forward all information to the International Board;
d. Each regional agency will be composed of representatives from every member nation of the nation of the region;
e. The primary function of the International Board will be to translate information accumulated from the regional
news gathering agencies;
f.The secondary purpose will be to transmit all information gathered back to the member nations via the regional news
gathering agencies;
g. In order to expedite the transfer of information from the international to regional level the international board will
utilize a UN frequency on a European Economic Community satellite;
2. Urges the establishment of the University of International Communications, which will be based in Geneva, Switzerland,
with the following aims:
a. The University and branches will be established with the express purpose of bringing together world views and
facilitating the transfer of technology;
b. All member nations of the United Nations will be equally represented at the University;
c. Incentives will be offered to students of journalism and communications at the University to return to their countries
to teach upon completion of instruction;
d. The instructors of the regional education centers will be comprised of a multi-partisan coalition of educators from
throughout the world;
3. Calls for the continued use of funds from the International Program for the Development of Communications, Special
Account, The United National Educational, Scientific and Cultural Organization (UNESCO), the UN Development
Programme, and other sources of funding including national governments and private donors;
4. Recommends that the distribution of funds be decided by the International Programme for the Development of
Communication (IPDC).

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