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Draft ResolutionCommittee: HRCTopic: Responsibility to Protecthumanitarian interventionSponsors: Bangladesh, India, Indonesia, Pakistan, ZambiaCo-sponsors:The Human Rights Committee, Recalling its previous successful actions, including its UNOSOM I mission in Somali in April 1992 and humanitarian intervention in Timor-Leste in September 1999, Deploring its inaction to Rwanda Genocide that killed around 1,000,000 people, Alarmed by Myanmar governments blocking large-scale international aid to cyclone victims that later developed a humanitarian crisis, Emphasizing the importance of Responsibility to Protect published in December 2001, under the chairmanship of Gareth Evansthat that where a population is suffering serious harm, as a result of internal war, insurgency, repression or state failure, and the state in question is unwilling or unable to halt or avert it, the principle of non-intervention yields to the international responsibility to protect, Reaffirming the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, Reaffirming the UN Chapter VII that entitles the Security Council to take action in cases of a threat to the peace, breach of the peace or act of aggression, Reaffirming the Universal Declaration of Human Rights, the Vienna Declaration and Program of Action and recalling the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and other human rights instruments, Reaffirming the Declaration on the Inadmissibility of Interventionin the Domestic Affairs of Statesand the Protection of Their Independence and Sovereignty (1965), Declaration on Principle of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (1970), and Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States (A/RES/36/103, 1981), Reaffirming that Resolution 60/251 established by UN General Assembly (GA), Human Rights Council (HRC) was endowed with obligations of improving human rights conditions and respecting basic human rights based on The Universal Declaration of Human Rights. Expressing the gravest concern at the claim by the former Secretary-General Kofi Annan at the 54 session of the UN General Assembly in September 1999 that we confronted a real dilemma of which few would disagree that both the defense of humanity and the defense of sovereignty were principles that must be supported and that didnt not tell us which principle should prevail when they were in conflict, Emphasizing the principle that the military intervention can only be justified as the last resort, Expecting the world in a peaceful state without concern of human rights violations that would inevitably put international relationships into chaos,Acting under the Charter of the United Nations and international laws,Prevention1. Condemns that unilateral military intervention is illegal, since it can be easily disguised under the flag of humanity, which in reality is mixed with political interests, contributing to a high probability of causing even more serious human rights infringements in turn;2. Decides that the international community should, as appropriate, support the United Nations to inform and require the country, whose populations are confronting overwhelming atrocities, to avert and halt the massive human rights violations on its own before it turns essential to intervene in it;3. Calls upon potential countries which may confront HI to encourage their massive media including newspapers, Internet and broadcasting network to publicize the concept of “responsibility to protect”, thus consequently leading to the enhancement of the publics awareness on this issue;4. Decides that regional nations should unite in advance to set up a coherent t mechanism for united defense of their national sovereignty and interests, since possible interventions in developing countries, especially in Africa, are due to lack of unity and regional cooperation before HI takes place;5. Further recommends that it is necessary to strengthen the comprehensive national powers in every aspect, of which infrastructure construction is of great significance, to maximize the basic human rights and benefits of the national citizens, considering that being lag in economic status within the country is the root and major source of HI;6. Recommends a preparatory scheme for countermeasures with non-military forces must be adopted by UN, which contains both short-term and long-term aiding actions, specificallya. short-term aiding: UN should gather i)adequate material aid immediately after the humanitarian crisis breaks out, with contents of food, quilts, medicine etc. ii) financial aid offered by concerned NGOs and the Red Cross, and regional organizations gathered by the UN;b. Long-term aiding: UN should introduce long-term high-tech aids, educational programs, and other infrastructure construction systems. Loans by the World Bank, IMF are also appreciated;c. Such preparatory scheme also attaches importance to the evaluation of the crisis. A multilateral investigating team mainly concerning volunteered persons from none-interested countries or NGOs should be sent to the spot to gather information and submit a report on this to UN to help UN make a justified decisions;7. Reaffirms that collective security8. Further recommends that it is necessary to strengthen the comprehensive national powers in every aspect, of which infrastructure construction is of great significance, to maximize the basic human rights and benefits of the national citizens, considering that being lag in economic status within the country is the root and major source of HI;9. Calls for more assistance from the ICRC so as to reduce or eliminate doubt, given assistance is from a certain country, about the uncertain intention of the aid offering country, consequently making it more likely for the country in question to accept the assistance,Reaction1. Reaffirms the principles of humanitarian intervention stated in R2P: (a) Just cause: military intervention for human protection purposes must be regarded as an exceptional and extraordinary measure, and for it to be warranted, there must be serious and irreparable harm occurring to human beings, or imminently likely to occur; (b) Right intention: the primary purpose of the intervention must be to halt or avert human suffering; (c) Last resort: every diplomatic and non-military avenue for the prevention or peaceful resolution of the humanitarian crisis must have been explored; (d) Proportional means: the scale, duration and intensity of the planned military intervention should be the minimum necessary to secure the humanitarian objective in question and it should go without saying that all the rules of international humanitarian law should be strictly observed in these situations; (e) Reasonable prospects: military action can only be justified if it stands a reasonable chance of success, that is, halting or averting the atrocities or suffering that triggered the intervention in the first place.2. Decides that the UN member countries should primarily establish proper criteria regarding the definition of humanitarian intervention by developing more multilateral dialogues, so as to decide when and under which circumstances humanitarian intervention is acceded to be generated:3. Calls for the Security Council to: (a) further develop the early warning and analysis mechanism, by establishing a series of transparent and all-nation acceptable criteria of investigating procedures, in order to judge whether the country to be intervened in is really suffering from those atrocities, namely genocide, war crimes, ethnic cleansing and crimes against humanity and whether the application of a new humanitarian intervention is qualified according to the criteria and is essential to be exercised, including three possible ways to detect: (i) to receive report from certain countries, groups of countries, international organizations and even individuals; (ii) to organize specialized committee to investigate; (iii) to authorize international organizations to investigate; (b) improve the decision-making process of humanitarian intervention so as to reduce the Veto policys side-effect by a probable way of strengthening the General Assemblys influence on the Security Council, according to: (i) Article 10 and 11 of the Charter of the UN, which entitles the GA to discuss any questions relating to the maintenance of international peace and security, (ii) Article 12 of the Charter of the UN, which affirms that while the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests; (iii) Article 27 of the Charter of the UN, which decides that decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting; (iv) Article 30 of the Charter of the UN, which emphasizes that The Security Council shall adopt its own rules of procedure;4. Emphasizes that the UN should be the only power that can authorize humanitarian intervention and send peacekeeping troops to the possibly intervened in country;5. Demands that an international institution of supervision organized by global governments and NGOs be highly needed, aiming at extending the scope and improving the efficiency of the regulatory mechanisms and supporting services, supervising elements below: (a) the original purpose of humanitarian intervention shall not be changed thought out its actions; (b) the quantity, category, intensity, geological scope and duration of the force should be within reasonable and legal ranges; (c) the troop withdrawal should be executed within a regulated maximum of time, which constitutes rebuilding, after the intervention reaches its initial purpose;6. Affirms wherever possible, coercive measures short of military intervention ought first to be examined, including in particular various types of political, economic and military sanctions; 7. Accepts that sanctions target leadership groups and security organizations responsible for gross human rights violations have emerged as an increasingly important alternative to general sanctions in recent years, and efforts to make such sanctions more effective have drawn increasing attention;8. Encourages a standard exemption for food and medical supplies being generally recognized by the Security Council and under international law;9. Approves efforts to target sanctions more effectively so as to decrease the impact on innocent civilians and crease the impact on decision makers have been focused in three different areas including military, economic and political/ diplomatic;10. Requests actions taken in the military area: (a) Arms embargoes are an important tool of the Security Council and the international community when conflict arises or is threatened. Such embargoes generally include the sale of military equipment as well as spare parts; (b) Ending military cooperation and training programmes are another common, if less strenuous, measure used or threatened by states to bring about compliance with international norms, though results can vary;11. Appeals in the economic area: (a) Financial sanctions may target the foreign assets of a country, or a rebel movement or terrorist organization, or the foreign assets of particular leaders; (b) Restrictions on income generating activities such as oil, diamonds and logging and drugs, have more and more come to be regarded as one of the most important types of targeted sanctions; (c) Restrictions on access to petroleum products can be an important way of restricting military operations, though such restrictions may also have a broad and possibly devastating impact on civilians and the local economy; (d) Aviation bans have been used in a number of cases and generally prohibit international air traffic to or from a particular destination;12. Endorses in the political and diplomatic area: (a) Restrictions on diplomatic representation, including expulsion of staff, should also be seen as a relevant and useful measure in efforts to limit illicit transactions - whether for the sale of illicit commodities such as illegally mined diamonds or drugs or for the purchase of arms and other military related materiel, or with respect to the movement of funds; (b) Restrictions on travel, not least to major international shopping destinations, should have some utility when against specific leaders or individuals and their families; (c) Suspension of membership or expulsion from international or regional bodies, and the loss this may entail not only of national prestige, but also of technical cooperation or financial assistance countries may receive from such bodies, is another increasingly used tool; (d) Refusal to admit a country to membership of a body is a corollary of the foregoing which has sometimes been employed to good effect thus should be advocated; (e) Declares the Commission found in its consultations that even in states where there was the strongest opposition to infringements on sovereignty, there was general acceptance that there must be limited exceptions to the non-intervention rule for certain kinds of emergencies;13. Emphasizes the Commission has resisted any temptation to identify as a ground for military intervention human rights violations falling short of outright killing or ethnic cleansing, for example systematic racial discrimination, or the systematic imprisonment or other repression of political opponents;14. Further proclaims the Commission has taken a similar view in relation to cases where a population, having clearly expressed its desire for a democratic regime, is denied its democratic rights by a military take-over;15. Reminds obtaining fair and accurate information is difficult but essential;16. Notes ideally there would be a report as to the gravity of the situation, and the inability or unwillingness of the state in question to manage it satisfactorily, from a universally respected and impartial non-government source;17. Reaffirms where existence of the conditions that might warrant an intervention for human protection purposes is in question, and time allows, an independent special fact-finding mission could be sent by the Security Council or the Secretary-General for the purpose of obtaining accurate information and a fair assessment of a particular situation;18. Encourages an efficient, transparent and equal working system to be established to carry out quick actions toward conflicts;19. Supports an inter-governmental consultation platform or a regional courthouse to promote regional cooperation and dialogues as a sort of complement of the work of the UN and the Security Council;20. Welcomes regional representatives and observers on an equal basis to be in charge of regional human rights issues;21. Recommends a world summit yearly or every few years to accelerate the process of HI settlement;22. Urges a worldwide foundation to collect special fund for infrastructure construction in developing countries, thus to eliminate the major source of HI and bridge the gap between the East and the West;23. Solemnly affirms the need for clear, explicit and unambiguous statements on national responsibility and rights so as to avoid possible disputes in times of final arbitration; Rebuilding1. Decides that the UN should take up the power and responsibility to urge all he mobilization nations to fulfill post-intervention obligations, including: (a)peace and security rebuilding,; (b)long term economic development plan; (c)of domestic and international political will to address the human infringements;2. Further recommends that later training programs for the people of the country being intervened should be established for the sake of a faster recovery, including infrastructure reconstruction instructions, technical skills learning and encouraging public faith in a brighter future;3. Affirms that the basic principle of rebuilding is to consolidate peace and prevent a recurrence of armed confrontation at the end of a conflict;without reference to a Main Committee (A/60/L.50 and Add.1)60/252. World Summit on the Information SocietyThe General Assembly,Recalling its resolutions 56/183 of 21 December 2001, 57/238 of 20 December 2002, 57/270 B of 23 June 2003 and 59/220 of 22 Decembe
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