Delhi Public School Rohini Intra School

Model United Nations 2014

Commission on Crime Prevention and
Criminal Justice

Background Guide




Letter from the Executive Board

Greetings delegates.

We welcome you to the second edition of Delhi Public School Rohini Intra Model
United Nations Conference 2014.

The Commission on Crime Prevention and Criminal Justice (CCPJ) is a subsidiary
branch of the The United Nations Office on Drugs and Crime (UNODC). Owing to
the various reasons of cardinal importance, in todays convoluted circumstances,
this organisation has been duly set up to combat national and transnational
crime, including organized crime, economic crime and money laundering;
promoting the role of criminal law in protecting the environment; crime
prevention in urban areas, including juvenile crime and violence; and improving
the efficiency and fairness of criminal justice administration systems.
The Commission on Crime Prevention and Criminal Justice performs both
normative work and operational work, to assist countries in the areas of crime
prevention and criminal justice. The normative work of the Justice Section
relates to the revision of existing standards and norms, the development of new
standards and norms, and the monitoring of their use and application. The
operational work of the Justice Section includes activities such as providing
technical assistance to Member States and developing tools to assist Members
States in implementing the UN standards and norms. Furthermore, CCPJ has
been developing regional/country programmes, covering all thematic areas
included in its mandate, with strong criminal justice components, based on
needs and objectives identified in each region/country. With that being said, if
we examine the abridged impetus of this committee, the objective is to make the
world safer from crime, drugs, and terrorism.

The Commission on Crime Prevention and Criminal Justice is indeed a
compelling committee, considering the number of delegates that will be present
around you. If you consider and put the following points to practice, the
committee shall be an enriching escapade for you:
All of us realize that problems and crisis do exist, but we are unmoved. Just
skimming through research and reflecting whats on the first page of your
highlighted content will be a futile exercise. We suggest you to discuss the
intricacies of the agenda and try to go in the depth and detail of a situation. The
profound nature of the debate is what will keep the conference alive and
challenging for you.
The internet database is full of solutions and ordinary clues for your agenda. The
point is to think beyond the mainstream convention and think out of the box.
Keep one thing in mind, your solutions should be innovative and effectual at the
same time.
Allegations, reports, documents are an integral part of any conference. However,
if you allege or vindicate a delegate, make sure you have equal amount of
solutions to counter the problem and propagate the committee forward.
Lobby, work with your fellow delegates, make sure your research is in
concordance with the committee and try not to be an individual player, just this
once. Communicate and collaborate accordingly to arrive at substantial
conclusions. A little heads up; youll be marked for your diplomatic skills and
negotiating prowess so try to be subtle on that front.

If theres any query, feel free to contact the Executive Board. Remember,
participate with full enthusiasm, know your research well and be confident!
Wish you an insightful journey ahead.
Live long and prosper.

Tanish Gupta, Ishan Khurana, Pratyaksh Arneja, Nona Uppal
Executive Board
Commission on Crime Prevention and Criminal Justice








































INTRODUCTION
Latin America has entered the age of advanced technology, increased speeds of information
transmission, and rapid global- ization.1 Trade barriers have fallen, national borders have
be- come less isolating, State control has diminished, and ideas have transcended
geographic limitations with the stroke of a key-board. Such advances have made
Iberoamerica part of the "global village",2 one in which Nations of the region share
knowledge and goods, overcome great distances, and undergo increased migration and
societal transformation. These devel- opments, however, have also unleashed a sinister
"assembly" that threatens regional and national security and international stabil- ity -
global organized crime.
These new players have established transnational criminal networks that are growing at
unprecedented levels,4 and the im- mense fortunes to be made from activities such as money
laun- dering, illegal arms transactions, and trafficking in human be- ings and drugs have
encouraged alliances between organized crime, government officials, politicians and/or
corporate indi- viduals.5 Moreover, so much profit from illegal enterprise has in turn
discouraged serious commitment from Latin American leaders and politicians at the
national and international level from implementing meaningful legislation and prosecution
of responsible actors.
Corruption, violence, and political, social, and economic in- stability have plagued Latin
American Nations for generations. The fragility of the rule of law in such a volatile
landscape has allowed organized criminal enterprises of many forms to take root in fertile
ground. The problem has grown so severe that organized crime in the region has spilled
beyond the western hemisphere, embracing alliances and associations with criminal
organizations .

I. TRANSNATIONAL ORGANIZED CRIME: NO
CLEAR DEFINITIONS
The international community recognizes that organized crime and its attendant activities
(drug trafficking, money laun- dering, extortion, fraud) pose a dire threat to global
stability.1" "[T] hose involved in it have no respect for, or loyalty to Nations, boundaries, or
sovereignty."' 12 Even though organized crime is a global problem, there is no uniformly
agreed upon definition of what constitutes organized crime or transnational organized crime.":
Definitions vary from State to State, 4 and of even more concern, may vary within a
State.' 5 Some concepts are too vague while other concepts center on a single activity. Still,
other defi- nitions combine various characteristics into a one-dimensional concept. A clear
conceptualization of this phenomenon is crucial to the enactment of proper legislation, and
for appropriate allot- ment of resources, building strategies, designing of law enforce- ment
training, and search for relevant international coopera- tion. Lack of clarity and uncertainty
creates obstacles to the fight against these organizations because law enforcement can- not
determine when and if what is being confronted is common criminalism or crime
syndicates."7 Moreover, misunderstanding and misinterpretation of the reality of
syndicate organizations cause wrong legislative responses that limit the effectiveness of
crime control measures with the result that scarce resources then risk being misallocated,
stereotypes continue to be perpetu- ated, and civil liberties become endangered. 8

A clear conceptualization of this phenomenon is crucial to the enactment of proper
legislation, and for appropriate allot- ment of resources, building strategies, designing of
law enforce- ment training, and search for relevant international coopera- tion. Lack of
clarity and uncertainty creates obstacles to the fight against these organizations because law
enforcement can- not determine when and if what is being confronted is common
criminalism or crime syndicates."7 Moreover, misunderstanding and misinterpretation of
the reality of syndicate organizations cause wrong legislative responses that limit the
effectiveness of crime control measures with the result that scarce resources then risk being
misallocated, stereotypes continue to be perpetu- ated, and civil liberties become
endangered.

FORMS OF TOC IN LATIN AMERICA
In recent decades, Latin America has played a central role in several major global illicit drug
markets. Multiple aspects of the drug supply chain take place in the region, including drug
crop cultivation, drug production, drug trafficking, and, ultimately, drug consumption. Today,
South America is the sole producer of cocaine for the global market; Mexico and Colombia
are the primary sources of opiates in the United States; Mexico and the Caribbean are major
foreign sources of cannabis (marijuana) consumed in the United States; and Mexico is the
primary source of foreign methamphetamine in the United States.2 Marijuana and
methamphetamine are also produced domestically.3
Major drug crops in Latin America include coca bush, used to produce cocaine, and opium
poppy, used to produce opiates, including heroin. Source zones for coca bush cover the
Andean region of South America, particularly Colombia, Peru, and Bolivia. Source zones for
opium poppy include Mexico, Colombia, and to a lesser extent, Guatemala. Cannabis is
cultivated in virtually all countries in the region, mainly for local consumption, but notable
cannabis exporters include Mexico and Jamaica. Drug processing and refining may take place
in source zones as well as along transit routes. Key chemical ingredients used to process coca
bush and opium poppy into their refined, finished products, as well as those used to produce
methamphetamine, are legally manufactured for legitimate industry purposes, but diverted
clandestinely for use in the illegal drug trade. Precursor chemicals are also imported from
third countries like India and China.4
Drug consumption in Latin America remains low, compared to the primary global
consumption markets led by the United States, Canada, and Western Europe. In recent years,
however, data indicate that drug consumption, particularly cocaine use, within the region has
grown, mainly along trafficking transit pathways en route to the core consumption markets.
According to the most recent data from the U.N. Office on Drugs and Crime (UNODC),
increases in cocaine use have been reported in Venezuela, Ecuador, Brazil, Argentina,
Uruguay, Guatemala, Honduras, Jamaica, and Haiti.5 These countries are notably located
along major cocaine transit routes.
The Caribbean-South Florida route continues to be active, and although it is currently less
utilized than the Central America-Mexico route, some observers have warned that activity
along this route may surge once more in the near future. As U.S. counternarcotics cooperation
with Venezuela has diminished since 2005, Venezuela has become a major transit point for
drug flights through the Caribbeanparticularly Haiti and the Dominican Republicinto the
United States as well as to Europe. Elsewhere in the Caribbean, the Bahamas continues to
serve as a major transit country for both Jamaican marijuana and South American cocaine.
Besides going to the United States, Latin American drugs, particularly cocaine, are also
shipped to Europe. An increasing percentage of drug shipments from Latin America to
Europe now transit West Africa.7 The European Police Organization, EUROPOL, has
estimated that approximately 250 metric tons of cocaine (between 25% and 30% of global
cocaine production) from Latin America enters European markets annually.8 Drugs destined
for Europe mainly depart Latin America via Venezuela through the Caribbean or via the
eastern coast of Brazil. While Europe has long been the second-largest cocaine consumption
market after North America, UNODC reports that the number of European users has been
increasing over the last decade as the number of North American users has declined.9
Latin Americas central role in the illicit drug market stems largely from the Andean regions
unique position as the worlds only source region for coca and cocaine. Another major factor
contributing to the regions prominence in todays drug trade is its proximity to the United
States, a major drug consumption market. Underlying factors that have allowed drug
trafficking to flourish include poverty, inequality, and a lack of viable economic opportunities
for farmers and youth in many countries aside from emigration. At the same time,
underfunded security forces and the failure to complete institutional reform efforts have
generally left police, prisons, and judicial systems weak and susceptible to corruption. On
average, fewer than 5% of murders committed in Latin America result in criminal
convictions, which gives drug traffickers the freedom to act with relative impunity.10 The
presence of insurgent groups involved in drug production and trafficking in some countries
and geographical impediments to interdiction have impeded antidrug efforts. Uneven political
support for counterdrug efforts may also fuel drug trafficking.

HUMAN TRAFFICKING IN LATIN AMERICA
Human trafficking is a growing problem in Latin America and the Caribbean, a region that
contains major source, transit, and destination countries for trafficking victims. Major forms
of TIP in the region include commercial sexual exploitation of women and children, labor
trafficking within national borders and among countries in the region (particularly in South
America), and the trafficking of illegal immigrants in Mexico and Central America.
According to UNODC, the share of victims trafficked for forced labor in the region (44%) is
higher than in other Europe and Central Asia.16 Latin America is a primary source region for
people that are trafficked to the United States and Canada. It is also a transit region for Asian
victims destined for the United States, Canada, and Europe. Some of the wealthier countries
in the region (such as Brazil, Costa Rica, Chile, Argentina, Panama, and Mexico) also serve
as destination countries.

Factors that Contribute to Human Trafficking in the Region
Both individual factors and outside circumstances contribute to human trafficking within and
from Latin America and the Caribbean. Individual risk factors include poverty,
unemployment, illiteracy, a history of physical or sexual abuse, homelessness, drug use, and
gang membership. The IOM in Colombia has identified other personal characteristics
common among trafficking victims. These include a tendency to take risks in order to fulfill
ones goals, a focus on short- term rewards that may result from short-term risks, and a lack
of familial support and/or strong social networks.17 These risk factors that may push an
individual towards accepting a risky job proposition in another country have been
compounded by pull factors, including the hope of finding economic opportunity abroad,
which is fueled by television and internet images of wealth in the United States and Europe.
Outside factors contributing to human trafficking include the following: (1) the high global
demand for domestic servants, agricultural laborers, sex workers, and factory labor; (2)
political, social, or economic crises, as well as natural disasters occurring in particular
countries, such as the January 2010 earthquake in Haiti; (3) lingering machismo (chauvinistic
attitudes and practices) that tends to lead to discrimination against women and girls; (4)
existence of established trafficking networks with sophisticated recruitment methods; (5)
public corruption, especially complicity between law enforcement and border agents with
traffickers and alien smugglers; (6) restrictive immigration policies in some destination
countries that have limited the opportunities for legal migration flows to occur; (7)
government disinterest in the issue of human trafficking; and (8) limited economic
opportunities for women in Latin America. Although women have achieved the same (or
higher) educational levels as men in many countries, womens employment continues to be
concentrated in low-wage, informal sector jobs.







Child Trafficking
There is considerably less research on the extent and nature of trafficking in persons in Latin
America and the Caribbean than there is on Asia and Europe. Most of the research that does
exist has focused, at least until recently, on trafficking in children for sexual exploitation.
Trafficking of children for sexual exploitation is most common in countries that are both
popular tourist destinations and centers of sex tourism.18 Street and orphaned children are
particularly vulnerable to trafficking into the sex industry, although some children who have
been trafficked remain living with their families and engage in commercial sex activity in
order to contribute to household income. Other factors associated with children at risk of
trafficking include: poverty, infrequent school attendance, physical or sexual abuse, drug or
alcohol addiction, and involvement in a criminal youth gang.
Children are also trafficked both internally and across international borders for use as
domestic servants. State Department officials have estimated that as many as 1 million
children may work as domestic servants in Latin America, many of whom are vulnerable to
verbal, physical, and sexual abuse. Abuse has been particularly evident among the hundreds
of thousands of child domestic servants in Haiti.19
Latin American children have been trafficked for illegal adoptions, for use as soldiers in
armed conflict, and to work for organized criminal groups.
Finally, the ILO and the U.S. Department of Labor (DOL) have documented instances from
across the region of children forced to work under dangerous circumstances in agricultural or
mining industries. For example, a 2012 DOL report found continued evidence of the use of
child labor in the production of a wide range of goods in many countries in Latin America.
Examples of some of the goods cited in that report include bricks, gold, coffee, sugarcane,
and other agro- export crops.20 While a 2010 ILO global report estimated that the number of
child laborers had declined slightly in Latin America as compared to 2006, it still estimated
that some 14 million children in the region worked, 9.4 million under hazardous conditions.21

Trafficking for Sexual Exploitation
While trafficking for forced labor is a serious problem in Latin America and the Caribbean,
trafficking for sexual exploitation has, until recently, been perceived as a more widespread
and pressing regional problem. Most victims are trafficked for prostitution, but others are
used for pornography and stripping. Children tend to be trafficked within their own countries,
while young women may be trafficked internally or internationally, sometimes with the
consent of their husbands or other family members. One study estimated that some 10,000
women from southern and central Mexico are trafficked for sexual exploitation to the
northern border region each year.22 In the past, State Department officials have estimated that
at least 100,000 Latin Americans are trafficked internationally each year, with large numbers
of victims coming from Colombia and the Dominican Republic, among others.23
There are also intra-regional trafficking problems. A 2005 report by the International
Organization for Migration (IOM) asserts that the Caribbeans relatively open borders, lax
enforcement of entertainment visa and work permit rules, and legalized prostitution have
contributed to the problem of trafficking there.24 Argentina and Brazil are destination
countries for women trafficked from the Andes and Caribbean countries like the Dominican
Republic. Panama has been a destination for women from Colombia and Central America
trafficked to work in the sex industry. Trafficking has also occurred at border crossings
throughout Central America and Mexico, especially the Mexico-Guatemala border, as
undocumented women who have not been able to get to the United States end up being forced
into prostitution.





Trafficking for Forced Labor
The ILO reports that some 1.8 million people in Latin America are engaged in forced labor,
including TIP victims.25 These numbers do not include the increasing numbers of Latin
Americans who have ended up in situations of forced labor after migrating to Europe or the
United States. Despite the relatively large number of victims trafficked for forced labor in the
region, there are relatively few studies on this topic.
Until recently, more forced labor victims had been identified in South America and some
parts of the Caribbean than in Central America. In Brazil, forced labor is most common in
rural areas on cattle ranches, in logging and mining camps, and on plantations where soy
beans, corn, and cotton are produced. Forced labor is also used in the mahogany, brick-
making, and gold-mining industries in the Amazonian regions of Peru and Ecuador.
Indigenous peoples in Peru, Bolivia, and Paraguay are particularly at risk of being trafficked
for forced labor.26 Each year, thousands of migrants flock from Haiti to the Dominican
Republic to work in the construction, tourism, and agriculture industries, as well as in the
informal sector. Many of those migrants lack proper documentation, rendering them
vulnerable to trafficking and other abuses.
In the past few years, the Department of Justice has prosecuted an increasingly large volume
of cases of foreigners trafficked into forced labor in the United States. Although the majority
of these cases have involved trafficking for prostitution, a significant number have involved
the agricultural sector. Annually some 1.5 million seasonal farm workers, mostly from Latin
America and the Caribbean, plant and harvest produce in the United States. Low wages, harsh
working conditions, and a lack of legal protection, combined with an ever increasing demand
for cheap labor, have resulted in growing numbers of forced labor abuses.


Trafficking in Persons Reports and Sanctions: Latin America
On June 19, 2013, the State Department issued its 13th annual report on human trafficking,
Trafficking in Persons Report (TIP), June 2013, as mandated by the TVPA (P.L. 106-386 as
amended). The 2013 TIP report ranks 187 countries and territories, including the United
States. The report also discusses human trafficking in Somalia, a special case country
where insufficient information was available to provide a tier ranking.
As in previous years, most Latin American countries fall somewhere in the middle of the tier
rankings, with 18 countries on Tier 2, and 9 on the Tier 2 Watch List (see Table 1). Cuba is
the only Latin American country identified as Tier 332 and made subject to possible U.S.
trafficking- related sanctions, while Colombia and Nicaragua are the only countries in the
region to earn a Tier 1 ranking. Nicaragua earned its first Tier 1 ranking by securing 35 TIP
convictions, more than the rest of Central America combined.33 Countries on the Tier 2 Watch
List include Barbados, Guyana, Haiti, Honduras, St. Lucia, Suriname, Trinidad and Tobago,
Uruguay, and Venezuela.34 The Bahamas and Ecuador upgraded their tier rankings, whereas
Guyana and Honduras were downgraded. On September 14, 2012, President Obama issued
his determination on whether to impose aid restrictions during FY2013 on the 17 countries
ranked as Tier 3 in the 2012 TIP report.35 The President has the option to (1) apply a full
prohibition against nonhumanitarian and nontrade- related foreign assistance, (2) withhold a
portion of aid eligible for restriction by granting partial waivers, or (3) waive the restrictions
entirely on the basis of national interest reasons. For FY2013 the President granted partial
waivers from the aid prohibitions for all of the Tier 3 countries, including Cuba.

U.S. Government Anti-Trafficking Programs in Latin America
In FY2011, the U.S. government obligated approximately $85.3 million in anti-trafficking
assistance to foreign governments worldwide. Roughly 10% ($8.4 million) of U.S. anti-TIP
funding supported projects in Latin America. Anti-trafficking programs are administered by a
variety of U.S. agencies, primarily the State Department, the U.S. Agency for International
Development, and the Department of Labor. The majority of the programs are either regional
or directed at countries that were placed on either Tier 3 or the Tier 2 Watch-list in recent TIP
reports. In FY2011, 63% of U.S. anti-TIP funds obligated supported programs in Haiti.
Whereas regional programs in Latin America support initiatives necessary to address the
cross- cutting nature of human trafficking, bilateral programs aim to help governments solve
specific challenges they have had in addressing human trafficking. For example, anti-
trafficking programs in Haiti are helping to strengthen Haitian child protection agencies
ability to identify and rescue child trafficking victims. Since the 2010 earthquake, more than
600 child TIP victims have been identified with U.S. assistance. An anti-TIP program in
Mexico supports a Resident Legal Advisor who is helping reconstruct the anti-trafficking unit
within the Attorney Generals Office and train Mexican officials on how to investigate and
prosecute TIP cases.
In addition to foreign aid programs, various agencies within the Department of Homeland
Security are stepping up joint efforts with Mexican officials to identify, arrest, and prosecute
human trafficking and smuggling rings that operate along the U.S.-Mexico border and
beyond. In 2005, the Bureau of U.S. Customs and Border Protection (CBP) in DHS created a
new program, the Operation Against Smugglers (and Traffickers) Initiative on Safety and
Security (OASISS), a bilateral program that enables Mexican alien smugglers and traffickers
apprehended in the United States who cannot be tried in this country to be prosecuted in
Mexico. From the time of its inception in 2005 through the end of FY2011, OASISS
generated 2,617 cases, but it is unclear how many of those cases were successfully
prosecuted.36
Various units within the Department of Justices Civil Rights and Criminal Division have
provided training and technical assistance courses to foreign officials in the United States and
overseas. For example, the Office of Overseas Prosecutorial Development, Assistance, and
Training (OPDAT) has helped several countries, including Brazil and Mexico, draft TIP-
related legislation. OPDATs technical assistance and training in investigating TIP cases
helped Mexican officials secure their first convictions under the countrys new anti-TIP law
in December 2009.

ORGANISED CRIMES AND LINKS TO TERRORISM
In addition to Islamic terrorist groups, the TBA (TRI-BORDER AREA)provides a haven that
is geographically, socially, economically, and politically highly conducive for allowing
organized crime and the corrupt officials who accept their bribes or payoffs to operate in a
symbiotic relationship that thrives on drug and arms trafficking, money laundering, and other
lucrative criminal activities. As of 2001, money laundering in the TBA, aided by special CC-
5 accounts for non-residents and other mechanisms, reportedly was averaging US$12 billion a
year. Ciudad del Este and Foz do Iguau are the regions principal money-laundering centers.
Ciudad del Este was generating US$12 to US$13 billion in cash transactions annually,
making it the third city worldwide behind Hong Kong and Miami. However, that figure may
have fallen since then as a result of stricter Argentine and Brazilian customs systems.
Numerous organized crime groups, including the Lebanese Mafia, are known to use the TBA
for illicit activities such as smuggling, money laundering, and product piracy. Although it is
unclear whether the Lebanese Mafia and Hizballah are basically synonymous or entirely
separate entities, there is probably a close relationship between them. In any case, the
Hizballah organization in the TBA is known to collaborate with various mafias, including the
Hong Kong Mafia.
Indigenous crime groups operating in the TBA include the Argentine, Brazilian, and
Paraguayan mafias. Non-indigenous mafias operating in the TBA reportedly include
syndicates from Chile, China, Colombia, Corsica, Ghana, Libya, Italy, Ivory Coast, Japan,
Korea, Lebanon, Nigeria, Russia, and Taiwan. However, a review of open-source news media
found information indicating activities mainly by the Chinese, Korean, Lebanese, and
Taiwanese mafias. The thriving business of importing counterfeit Compact Disks (CDs) and
CD-ROMs from Asia is linked to organized crime in Korea, Lebanon, Libya, and Taiwan.
The Hong Kong Mafia is particularly active in large-scale trafficking of pirated products from
mainland China to Ciudad del Este and maintains strong ties with Hizballah in the TBA.
Unspecified Chinese mafias in the TBA are reportedly seeking to expand into Argentina in
order to establish themselves into the duty-free zone of San Luis Province. At least two
Chinese mafia groups in the TBAthe Sung-I and Ming familiesengage in illegal
operations with the Egyptian al-Gamaa al-Islamiyya (Islamic Group). More alarming still is
that organized criminal groups in the Americas have linked up with terrorist organiza- tions
that depend on the proceeds of organized crime to fuel their campaigns of regional
destabilization and global terrorism,
particularly the Colombian guerrilla group the FuerzasArmadas Revolucionarias de Colombia
("FARC").

Efforts to Counter the Use of the TBA by Organized Crime and Terrorist
Groups
Cooperative and individual national efforts of the Argentine, Brazilian, and
Paraguayan security forces to fight illicit activities by organized crime and terrorist
groups in the TBA appear

3. Library of Congress Federal Research Division Tri-Border Area (TBA)
to have constrained these activities since late 2001, but by no means eliminated them.
Their efforts have been hindered by endemic corruption within the police, criminal
justice systems, and governments of the TBA countries; poor pay; inadequate
training, equipment, funding, law- enforcement techniques, and penal codes; poor
organization; human rights abuses; weak anti- money-laundering laws and
enforcement thereof; and secrecy provisions of banking laws (with the exception of
Paraguay, whose problem has more to do with not reporting suspicious financial
activities).

ROLE OF UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL
ORGANISED CRIME
In 2000, the United Nations ("U.N.") implemented the Convention against
Transnational Organized Crime ("UNCTOC")8 in an attempt to bring relief to
Nations struggling
to fight international organized criminalism within their bor- ders. It was intended that
regions of the world such as Latin America would benefit from a clearly articulated international
agenda in which global cooperation and a protocol for develop- ing uniformity in the domestic
criminal laws of signatory Nations would eventually break the back of international
organized. The main problem lies with ratification and implementation of the UNCTOC.