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Special Political and Decolonization Committee (<strong>SPECPOL</strong>)<br />

<strong>World</strong> <strong>Model</strong> <strong>United</strong> <strong>Nations</strong> 2013<br />

Study Guide


Contact Us<br />

<strong>World</strong> <strong>Model</strong> united <strong>Nations</strong> 2013<br />

info@worldmun.org<br />

www.worldmun.org<br />

Letters<br />

Letter from the Secretary General 04<br />

Letter from the Under-Secretary General 05<br />

Letter from the Chair 06<br />

CONteNtS<br />

Introduction 07<br />

History of the Committee 07<br />

08<br />

Topic Area A<br />

Statement of the Problem<br />

09 History of the Problem<br />

21 Past UN Action<br />

22 Proposed Solutions<br />

23 QARMA<br />

24 Key Actors and Positions<br />

25 Suggestions for Further Research<br />

26<br />

Topic Area B<br />

Statement of the Problem<br />

27 History of the Problem<br />

37 Past UN Actions<br />

39 Proposed Solution<br />

40 QARMA<br />

40 Key Actors and Positions<br />

42 Suggestions For Further Research<br />

43<br />

Conclusion<br />

Position Papers<br />

44 Closing Remarks<br />

44 Bibliography<br />

47 Appendix<br />

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Letters<br />

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Letter from the Secretary-General<br />

dear delegates,<br />

it is my pleasure and honor to welcome you to the 22nd session of <strong>World</strong> <strong>Model</strong> united<br />

<strong>Nations</strong>! My name is Charlene Wong, and i am the Secretary-General of <strong>World</strong>MuN 2013.<br />

Within this document you will find the study guide for your committee. The conference<br />

staff for <strong>World</strong>MUN 2013 has been working tirelessly over the past months to provide<br />

you with an unparalleled conference experience, beginning with this guide. Each Head<br />

Chair has researched extensively to provide you with a foundation for each committee’s<br />

topic areas.<br />

We encourage you to use this study guide as the starting point for your exploration of<br />

your committee’s topics, and your country or character’s policies. The <strong>World</strong>MUN Spirit<br />

invites you to step into the shoes of your country or character, and to immerse yourself in<br />

the committee by researching and developing a full understanding of the issues, perspectives,<br />

and possible solutions on the table. We offer several additional resources online,<br />

including our <strong>World</strong>MuN 101 Guide and Rules of Procedure, updated for this year. Both<br />

are available at www.worldmun.org. If you have any questions, please do not hesitate to<br />

contact your Head Chair or Under-Secretary-General.<br />

<strong>World</strong>MUN believes that the impact of delegates over the four days of conference goes<br />

far beyond the walls of the committee room. Therefore we are pleased to announce that<br />

resolutions passed at the 2013 conference in this committee will be sent on to the relevant<br />

body in the <strong>United</strong> <strong>Nations</strong>. Please enjoy reading this study guide, and I look forward<br />

to meeting you in Melbourne in March!<br />

Sincerely,<br />

Charlene S. Wong<br />

Secretary-General<br />

<strong>World</strong> <strong>Model</strong> united <strong>Nations</strong> 2013<br />

secretarygeneral@worldmun.org<br />

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4


Letter from the Under-Secretary-General<br />

dear delegates,<br />

It is with the greatest pleasure that I welcome you to the General Assembly of the 22nd<br />

<strong>World</strong> <strong>Model</strong> <strong>United</strong> <strong>Nations</strong>. Over the last few months, we have been earnestly preparing<br />

for your rapidly approaching arrival in Melbourne. Your chairs have tirelessly labored<br />

to produce substantive material of the highest quality, which has and, I believe, will continue<br />

to distinguish the <strong>World</strong>MuN committee experience as foremost in the world for<br />

rich debate and fecund collaboration.<br />

I am overjoyed and humbled to be your Under-Secretary-General for this year’s GA, for it<br />

is certainly not one to be missed. For this session, the organ features a compelling mix<br />

of traditional GA mainstays as well as innovative committee experiences that our chairs<br />

have produced to tackle challenging world problems in novel ways. From endangered<br />

languages to urban crowding, a wide spectrum of committee topics has something to<br />

offer for every delegate, and our seven passionate chairs are excited to share their interests<br />

with you. These chairs have also dedicated themselves to creating a GA experience<br />

that transcends both the limitations and promises of the large committee sizes, pursuing<br />

a vision in which GA delegates enjoy all the fluid, intimate debate of smaller committees<br />

while gaining the caucusing potential and expansive representation of the GA.<br />

This study guide provides you with an excellent first step to prepare yourself for the first<br />

day of committee. the material here represents what your chair feels are the most important<br />

aspects of the topic areas and serves as both an introduction as well as a bridge<br />

to more in-depth research. If ever at a loss for where to start, always turn to the study<br />

guide first. Additionally, there are resources online at our website – including our <strong>World</strong>-<br />

MUN 101 guide and updated Rules of Procedure – to prepare you for committee.<br />

If you have any questions, please do not hesitate to contact me or your chair. As a former<br />

<strong>World</strong>MUN chair, I know how much effort is invested into the committee experience by<br />

delegates and chairs alike, and we are all available to help make this conference the best<br />

<strong>World</strong>MuN yet!<br />

Sincerely,<br />

Scott yu<br />

under-Secretary-General of the General<br />

Assembly<br />

<strong>World</strong> <strong>Model</strong> united <strong>Nations</strong> 2013<br />

ga@worldmun.org<br />

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5


Letter from the Chair<br />

dear delegates,<br />

It is with pleasure that I welcome you to the Special Political and Decolonization Committee<br />

of Harvard <strong>World</strong> <strong>Model</strong> <strong>United</strong> <strong>Nations</strong> 2013! My name is Stewart Pine, and I am lucky<br />

enough to serve as your chair for this conference. I am a junior, studying Chemical and<br />

Physical Biology with a Mathematics secondary. i grew up in Massachusetts, and though<br />

I did not travel far to go to school, I love travel and spent the most recent summer doing<br />

research in Paris. I cannot wait to make my first trip to Australia! I participated in <strong>Model</strong><br />

<strong>United</strong> <strong>Nations</strong> in High School, and I am very excited for my return this year.<br />

One of the most interesting aspects of SPeCPOL is its elasticity with respect to the issues<br />

it can discuss. The topics of this year’s conference take full advantage of this flexibility.<br />

With the topic of migrant workers’ rights, you as a delegate will have the opportunity<br />

to help design a system to protect some of the most vulnerable and important peoples<br />

in the world. With the topic of mining rights, you will have to negotiate the tricky world<br />

of geopolitics as you search for ways to protect countries under pressure from private<br />

corporations and other companies alike.<br />

Come prepared for a lively debate! I hope that you will take this opportunity to explore<br />

a viewpoint on the issues that differs from your own. Over the course of debate, make<br />

sure to allow your own views to be challenged. This is an incredible opportunity to meet<br />

new people and make new friends, and I hope that you will take full advantage of it. If<br />

you have any further questions, feel free to send me an e-mail. I look forward to meeting<br />

you in March!<br />

Best,<br />

Stewart Pine<br />

Chair, SPeCPOL<br />

<strong>World</strong> <strong>Model</strong> united <strong>Nations</strong> 2013<br />

specpol@worldmun.org<br />

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6


Introduction<br />

SPeCPOL is one of the most interesting General<br />

Assembly Committees simply because of the breadth<br />

of topics about that it can discuss. Though tasked<br />

with many topics involving peacekeeping, territorial<br />

disputes, and issues surrounding outer space, the<br />

title “Special Political” allows it to address a broad<br />

spectrum of topics that exceeds that of almost any<br />

other committee. The two topics to be discussed at<br />

this year’s committee certainly take advantage of this<br />

adaptability.<br />

The first topic concerns the protection of migrant<br />

workers. The International Labor Organization<br />

estimates that there are over 85 million migrant<br />

workers in the world today. Typically, these workers<br />

come from impoverished regions of the world<br />

looking for better employment options than can be<br />

found in their home countries. However, it is these<br />

very qualities that make them a very vulnerable<br />

population, and they are often deprived of basic<br />

protections and human rights. Recently, the workers<br />

and the difficulties they face have come into the<br />

international spotlight, highlighting the need to find<br />

a solution.<br />

Equally important is the second topic, which<br />

explores the role of the united <strong>Nations</strong> in<br />

guaranteeing a country’s sovereignty with respect<br />

to its mineral resources. With the rapid development<br />

of manufacturing, technology, and transportation,<br />

metals and mineral resources are becoming<br />

increasingly valuable. As countries and companies<br />

alike seek to develop the shrinking number of mineral<br />

deposits remaining in the world, enormous pressure<br />

is placed on mineral-rich nations. As delegates, you<br />

will have to decide on the role of the <strong>United</strong> <strong>Nations</strong><br />

in ensuring that each nation retains its autonomy to<br />

decide how to develop its natural resources. Solving<br />

these two very different issues will require critical and<br />

creative thinking and enthusiasm, but I am certain<br />

that you are all up to the task.<br />

History of the Committee<br />

The <strong>United</strong> <strong>Nations</strong> Fourth Committee of the UN<br />

General Assembly deals with a variety of issues, but<br />

most specifically with decolonization and political<br />

issues. the committee has its origins in the Committee<br />

of 24, or the Special Committee on Decolonization,<br />

which was established in 1960 by Resolution 1514<br />

in order to oversee decolonization. An ad-hoc<br />

committee to deal with special political issues, dubbed<br />

the Special Political Committee, was also retained<br />

until 1978. In the 1993, GA Resolution 47/233 was<br />

passed, revising the work of the Fourth Committee<br />

into the body that is currently known as <strong>SPECPOL</strong>.<br />

This revision merged the Special Political Committee<br />

and the Special Committee on Decolonization into a<br />

single body.<br />

SPeCPOL deals with a wide range of topics, and,<br />

because of the ambiguity of the phrase “special<br />

political,” its issues often overlap with many other<br />

committees and UN bodies. Specifically, <strong>SPECPOL</strong><br />

deals with issues pertaining to decolonization and<br />

territorial disputes between different nations or<br />

ethnic groups. Recently, the committee has taken up<br />

the issue of Palestinian independence. the committee<br />

also deals with issues such as outer space and<br />

international peacekeeping efforts, including policies<br />

regarding land mines and other weapons. these<br />

topics often overlap with those dealt with by DISEC<br />

and the Security Council, as well as other General<br />

Assembly bodies, and thus <strong>SPECPOL</strong> has historically<br />

been able to make recommendations to these bodies<br />

on a great number of issues. Other issues discussed<br />

by the Fourth Committee include the freedom of<br />

information and contributions to the University for<br />

Peace.<br />

The flexibility of <strong>SPECPOL</strong> is such that it can<br />

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7


address a wide variety of issues. This flexibility, along<br />

with the fact that the committee is open to every<br />

single member state of the <strong>United</strong> <strong>Nations</strong>, allows<br />

members to choose the issues up for debate based<br />

on the perceived importance of the issue in current<br />

events. For instance, the committee is currently<br />

discussing the viability of nuclear energy sources<br />

after the Fukushima Reactor meltdown of 2011.<br />

Mining rights, one of the two topics to be discussed<br />

at this conference, might not typically be considered<br />

the domain of the Fourth Committee. However,<br />

considering the serious geopolitical consequences<br />

and importance of minerals to a wide variety of global<br />

industries, there is certainly reason for SPeCPOL to<br />

bring the topic up for debate.<br />

Currently, the Committee is not allowed to take any<br />

military action or direct the united <strong>Nations</strong> to sanction<br />

any country. However, owing to its elasticity with<br />

respect to the issues it discusses, <strong>SPECPOL</strong> can advise<br />

on a wide variety of issues, and can pass resolutions<br />

recommending military action or economic sanctions<br />

if it deems them appropriate. It currently has over<br />

170 items on its agenda, many of which deal with<br />

territorial disputes, peacekeeping, and human rights,<br />

but also many others that were simply deemed of<br />

enough importance to discuss.<br />

The importance of the Fourth Committee in<br />

mediating international political disputes cannot be<br />

understated. its recommendations and resolutions<br />

are taken into serious consideration by other UN<br />

bodies as well as independent nations. Its broad<br />

inclusion of a wide variety of topics, including those<br />

discussed by other committees as well as those<br />

that are unique to <strong>SPECPOL</strong> give it credibility and<br />

enhance its advisory role to many other international<br />

organizations and countries. The importance of this<br />

committee for a variety of issues is enormous, and<br />

it has been involved in the resolution of countless<br />

international disputes.<br />

Topic Area A: Exploitation of<br />

Migrant Workers<br />

Statement of the Problem<br />

The growing speed and efficiency of global<br />

transportation has rendered geographic distance<br />

relatively insignificant in the consideration of<br />

employment opportunities. The potential of finding<br />

work abroad has become a serious possibility for<br />

many in search of better options than those available<br />

in their home country. However, the promise of good<br />

employment can lead these often desperate workers<br />

into situations in which they find themselves not<br />

only exploited, but also prevented from returning<br />

home. Without any political power or means of legal<br />

recourse, these workers can do nothing but hope<br />

that their contracts will be honored.<br />

Migration driven by economic incentives is hardly a<br />

new phenomenon. From indentured servitude in the<br />

colonial era to the marked increase in immigration<br />

following <strong>World</strong> War ii, the allure of more prosperous<br />

employment has long been one of the main forces<br />

driving immigration to developed countries. Yet the<br />

opportunity and even desperation that drives these<br />

laborers can leave them vulnerable to exploitation by<br />

those looking for cheap sources of labor.<br />

Abuses of workers, however, are difficult to<br />

identify. Regulation of the recruitment and relocation<br />

of these people is virtually nonexistent, allowing<br />

contracts to be drafted and signed exclusively by<br />

recruitment agencies, without oversight by any third<br />

party. Upon arriving in a new country, workers might<br />

have their passports and other means of identification<br />

stripped by these agencies. The situation is further<br />

exacerbated the precarious status of the workers<br />

within these nations. Typically they are not citizens<br />

and hence have limited political clout, hindering<br />

their ability to organize or effect any sort of political<br />

reform.<br />

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8


Similarly, the ability of the <strong>United</strong> <strong>Nations</strong> to act<br />

on behalf of these workers is sufficiently complicated<br />

in its own right. The necessity of action on behalf<br />

of marginalized inhabitants must be tempered with<br />

respect for the sovereignty of a particular nation to<br />

determine its own labor policy and consequently<br />

to address potential weaknesses and oversights of<br />

such a policy. Furthermore, the question of what<br />

specifically constitutes mistreatment of laborers<br />

remains unanswered and presents further difficulties<br />

in instituting any intervention. Finally, while it is<br />

imperative that these issues be addressed, they<br />

must be resolved in such a way as to not discourage<br />

further migration, which has been shown to be<br />

mutually beneficial to both the home country and the<br />

destination. 1<br />

Dubai has, in recent years, been accused of<br />

allowing mistreatment and exploitation of thousands<br />

of workers across many industries. Hopefuls from<br />

india, the Philippines, and Somalia are employed<br />

in the public and private sectors, yet routinely have<br />

had their pay docked or withheld and commonly<br />

are misled about the opportunities that await them<br />

in the city. This situation epitomizes the difficulties<br />

in approaching the problem, for the workers have<br />

often signed contracts, which might have led them<br />

to forfeit many traditional labor rights. Ameliorating<br />

the situation in Dubai requires a new framework<br />

upon which the united <strong>Nations</strong> can construct an<br />

international labor policy.<br />

Complications thus arise from many different<br />

factors. There is no protocol by which abuses might<br />

be identified, and even current definitions fail to<br />

be broad enough to be evenly applied across many<br />

different industries and nations. A course of action for<br />

addressing these problems once identified is similarly<br />

lacking, both for existing situations of exploitation<br />

as well as for stemming the flow of migrant workers<br />

brought in to countries by various agencies. Until such<br />

issues are addressed, migrant workers will continue<br />

to work with fewer rights and decreased protections.<br />

History of the Problem<br />

Globalization and Foreign Labor<br />

The rapid advance of technology following <strong>World</strong><br />

War ii spawned a new era of shared information.<br />

This interchange of global ideas, hastened by the<br />

fall of colonialism, rendered geographic distance<br />

inconsequential for many laborers looking to explore<br />

employm ent opportunities. The rise of working<br />

wages and specialization in developed countries<br />

created a demand for unskilled labor, fostered by<br />

the reluctance of workers within those developed<br />

countries to accept lower wage positions. 2 A<br />

large market for unskilled labor was therefore<br />

developing and, coupled with the increasing speed of<br />

transportation, became a very real target for migrant<br />

workers seeking better opportunities abroad.<br />

the post-<strong>World</strong> War ii climate saw many<br />

opportunities for migration. displaced peoples,<br />

whose livelihoods were destroyed by the war, found<br />

no more opportunities in their home countries and<br />

instead looked abroad. The growing economies of<br />

Western europe and Australia saw large demand for<br />

unskilled laborers, which were easily filled by hordes<br />

of eager immigrants. Across the world, immigrants<br />

flocked to developed nations experiencing a postwar<br />

economic boom, meshing formerly disparate<br />

peoples and cultures. this immigration forged new<br />

connections between countries, allowing new<br />

partnerships and treaties to be signed under the<br />

pretense of allowing speedier immigration. With large<br />

Diasporas now present internationally, the global<br />

exchange of information and traditions between<br />

immigrant groups and natives of the countries in which<br />

they resided expanded. Soon, a global network, built<br />

on the back of technology and migration, connected<br />

geographically distant economies in unprecedented<br />

ways.<br />

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9


despite the fall of colonialism in the years following<br />

<strong>World</strong> War ii, the colonial powers of Western europe<br />

were still able to draw upon the millions of unskilled<br />

workers in their former colonies to satisfy the need<br />

for labor in the post-war period of reconstruction3 .<br />

Similarly, countries without extensive colonial<br />

histories such as Germany instituted guest worker<br />

policies, which allowed workers to come on the basis<br />

of job availability, leaving once employment was no<br />

longer available. 4 Similar systems were instituted in<br />

Belgium and the united Kingdom, encouraging an<br />

influx of immigrants from Italy, Turkey, and North<br />

Africa. France too saw the arrival of over two million<br />

new workers between the periods of 1945 and 1973,<br />

owing largely to increased foreign recruitment of<br />

laborers5 . These guest worker policies were enacted<br />

to fill what western European leaders saw as a<br />

temporary demand for labor and were not an attempt<br />

to diversify or increase the foreign-born population.<br />

Australia experienced a similar increase in<br />

immigration during the postwar period. Launching<br />

a campaign to increase immigration as part of a<br />

new plan for reconstruction that required new labor<br />

sources, the Australian government signed peace<br />

treaties with european nations and relaxed the<br />

formerly strict immigration requirements. 6 Soon, exservicemen<br />

from Britain and immigrants from Eastern<br />

Europe took advantage of these opportunities<br />

swelling the native population by thousands every<br />

year. The government also took steps to ensure that<br />

the immigrants properly acclimated to Australian<br />

society, including providing lessons in English and<br />

assistance in finding jobs. However, the primary<br />

objective of these policies was not necessarily to<br />

promote equality, but was more firmly rooted in<br />

“assimilation,” which regarded non-Anglo-Saxon<br />

values as inferior and promoted Australian superiority<br />

over diversity. 7<br />

Great waves of migration began to take place<br />

in North America as well. Even during <strong>World</strong> War<br />

II, the <strong>United</strong> States, which had greatly recovered<br />

from the Great depression, found that there was a<br />

large demand for labor. In 1942 it began the bracero<br />

program, which recruited workers from Mexico on<br />

a temporary basis to work as tenants on farms. 8 the<br />

program was government run, and was in many ways<br />

similar to those of Europe, for both the Mexican and<br />

American governments intended it as a means of<br />

alleviating unemployment in Mexico and satisfying<br />

the growing demand for labor in the <strong>United</strong> States.<br />

However, in 1954, the government turned over control<br />

of the recruitment of braceros to private agencies, in<br />

doing so removing the American government as an<br />

overseer and protector of the workers’ rights. 9 the<br />

workers were now directly subject to their employers’<br />

wills and subsequently suffered pay cuts and were<br />

deprived of other privileges and rights normally<br />

reserved for workers.<br />

Gradually, both Mexico and the <strong>United</strong> States<br />

grew dependent on this program. For Mexico, it<br />

became the only source of relief of unemployment<br />

in the postwar period, and so recruitment centers<br />

within Mexico continued to send workers over the<br />

border10 . Meanwhile, the agricultural sector in the<br />

united States grew entirely dependent on Mexican<br />

labor and was no longer sustainable without it. Thus,<br />

the program continued, and with it the power of the<br />

employer to dictate the terms and conditions of the<br />

workers’ contracts, free from government oversight.<br />

This inevitably led to breaches of these contracts,<br />

including docking and failure to pay wages owed. 11<br />

Global Economic Downturn<br />

The 1973 oil crisis had far-reaching consequences for<br />

countries worldwide, causing a sharp and immediate<br />

decline in the worldwide GDP. Industrialized nations,<br />

whose economies were most dependent on oil,<br />

suffered the greatest. This upheaval of economic<br />

fortunes also had drastic implications for migration,<br />

10<br />

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The Bracero Program saw thousands of Mexican immigrants admitted into the <strong>United</strong> States as seasonal workers on farms.<br />

which had continued steadily throughout the postwar<br />

period. 12 Guest worker policies were brought to a<br />

sharp halt throughout Europe, and a global recession<br />

set in. 13 Jobs were in short supply, and the demand for<br />

labor became virtually nonexistent as unemployment<br />

rose.<br />

Western Europe’s thirst for foreign labor ended<br />

abruptly in the mid-70s, causing many governments<br />

to cease their foreign labor recruitment and guest<br />

worker programs in favor of sweeping restrictions<br />

on immigration. This rapid reversal came during the<br />

oil crisis of the 1970s, which preceded a worldwide<br />

recession, thus ending the prosperous period of<br />

recovery following <strong>World</strong> War II. 14 As initial migrant<br />

populations became settled, they sent for their<br />

families to come join them, creating vibrant new<br />

communities across Western Europe. However, this<br />

also meant that now, these people required not only<br />

jobs but also access to housing and education as well.<br />

Natives in certain countries, such as Germany and<br />

France, saw this as a threat to their traditional society<br />

and culture, and a new debate on the difference<br />

between immigration and citizenship ensued. 15<br />

Local opposition to immigration grew, eventually<br />

becoming a national issue in many countries as<br />

politicians attempted to use the xenophobia of many<br />

native Europeans to migrants for their own political<br />

agendas.<br />

Governments not only closed their doors to<br />

further migrant workers but also attempted to create<br />

an economic and social environment they hoped<br />

would be inhospitable to migrants, forcing them to<br />

leave and return home. From 1974 onward, France,<br />

the Netherlands, Switzerland, and many other<br />

Western European nations all reversed their previous<br />

policies of enthusiastically recruiting guest workers<br />

and instead tried to actively prevent more from<br />

coming. 16 New policies were enacted prohibiting the<br />

entrance of family members, shortening the length<br />

of workers permits, and restricting migrants’ rights<br />

11<br />

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and political access. 17 European governments refused<br />

to acknowledge the permanence of the migrant<br />

community, continually relying on the false hope that<br />

once the workers’ permits expired, they would return<br />

back to their home nations. However, they found<br />

that the previously established migration patterns<br />

were extremely difficult to reverse and continued to<br />

struggle with the reality of a growing, discontented<br />

immigrant population. Workers, afraid to return<br />

home lest they be denied re-entry later, simply<br />

refused to leave. This, combined with the reunion of<br />

workers’ families, led to a stable and growing migrant<br />

community in many states that had only hoped for a<br />

temporary one. 18<br />

The recession continued throughout the 1970s,<br />

facilitated by the 1979 Iranian Revolution and<br />

subsequent energy crisis. While these recessions<br />

took their toll on the developed nations of the world,<br />

they were simultaneously heralding a new period<br />

of economic growth in the developing world in the<br />

Middle east and in Asia. 19 The Middle East, benefiting<br />

from higher oil prices, began to rapidly expand its<br />

infrastructure, spending money on building cities,<br />

roads, and other public projects. The subsequent<br />

labor demand caused a wave of migration from<br />

other, less prosperous Middle eastern countries such<br />

as Lebanon, Jordan, and even Sudan, sending many<br />

immigrants to Saudi Arabia and Kuwait looking for<br />

jobs. 20<br />

The direct result of this sudden boom in immigration<br />

was the modification of the kafala system, a guestworker<br />

program set up in the Middle East in the 1950s,<br />

which began as a means of ensuring a stable migrant<br />

worker population. 21 The system was very similar to<br />

that of many guest workers in Europe, however there<br />

were several distinguishing features. In particular, for<br />

entry into a particular country, a migrant needed a<br />

kafeel, or a sponsor. This sponsor could be a citizen or<br />

a government agency and would sign a contract with<br />

the government ensuring that they were responsible<br />

for the incoming worker. 22 initially, the restrictions<br />

on the origins of the workers were relatively few,<br />

and Arab migrants were easily able to find jobs and<br />

citizenship in their host countries. However, the<br />

governments grew wary of discontent, fearing that<br />

these new Arabs would threaten their regimes. They<br />

accordingly modified the kafala system, making it<br />

much harder to gain citizenship and, in doing so,<br />

made labor abuses much more common. 23<br />

The recession of the 1980s continued these labor<br />

trends the world over. The Middle East continued to<br />

be a destination for many economically disadvantaged<br />

peoples looking for employment. The origins of these<br />

migrant workers had accordingly shifted. Initially, a<br />

large number of the workers came from Arab nations<br />

without large oil reserves. 24 Gradually, however,<br />

those numbers began to shift. Falling oil prices<br />

worldwide curbed the recent prosperity, forcing<br />

the oil-producing countries to find ways to cut labor<br />

costs. The oil-producing countries gave preference to<br />

allowing the entry of migrants from Asian countries<br />

over those from other Arab nations. 25 the lessskilled<br />

Asian migrants were both cheaper and easier<br />

to manage, as they became subject to many “antiintegration”<br />

policies that deprived them of workers’<br />

rights. Disenfranchised and denied citizenship, there<br />

was little the workers could do to influence the<br />

government.<br />

The majority of these workers came from<br />

Southeast Asia, which itself was undergoing a period<br />

of economic growth. In 1967, Thailand, Malaysia,<br />

Singapore, the Philippines, and indonesia formed<br />

the Association of Southeast Asian <strong>Nations</strong> (ASeAN),<br />

which soon instituted the ASEAN Framework<br />

Agreement on Services. This measure promoted the<br />

creation of network to allow temporary workers<br />

from each nation to seek jobs in the service and<br />

other industries across others members’ borders. As<br />

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the region’s leaders in economic growth, Singapore,<br />

Malaysia, and thailand found thousands of migrants<br />

crossing their borders in an attempt to find new<br />

jobs, with a majority coming from Indonesia and the<br />

Philippines. 26 Nonetheless, migration in the region<br />

continued unabated, and Japan, South Korea, Hong<br />

Kong, and Taiwan soon became the destination<br />

for large number of labor migrants, as they had<br />

demonstrated stable economic growth, an attractive<br />

quality for those seeking employment. 27 yet again,<br />

these migrants faced challenges securing rights<br />

and protections in their destination countries. in<br />

Singapore, for example, the thousands of unskilled<br />

and semi-skilled workers were not offered minimum<br />

wages, and, in many cases, wages varied based on the<br />

worker’s country of origin. 28 Nonetheless, migration<br />

continued unabated for the next decade.<br />

Historical Case Study: Turkish Immigrants in Germany<br />

The experience of Turkish immigrants to Germany<br />

is indicative of many different migrant groups during<br />

this era. Turks first began arriving in Germany in the<br />

1960s and were among the last groups of immigrants<br />

to take advantage of the guest worker policy.<br />

Yet from the beginning, the German people and<br />

government remained wary of allowing too many<br />

workers to come, as they distrusted Turkey as being<br />

an Islamic state. This translated into a severe distrust<br />

of the Turkish people once they arrived. Immediate<br />

problems presented themselves in finding housing for<br />

the hordes of immigrants that arrived. The temporary<br />

housing erected for the workers was of subpar<br />

quality, far below the typical building codes that were<br />

required for housing German natives. 29 Problems with<br />

poor hygiene, lack of food suitable to the Muslim<br />

diet, and other issues of cultural insensitivity plagued<br />

the workers for many years.<br />

The work itself was equally difficult. The Turks<br />

worked for long hours in unsafe conditions, often<br />

separated from German workers physically and<br />

through no comprehension of the German language.<br />

Though they are not entirely free from discrimination, today Turks have become an integral part of German culture society.<br />

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Despite this, the Turks continued to outperform their<br />

German counterparts, which served both to endear<br />

them to the government and earn the distrust and<br />

scorn of many natives30 . under the contracts they<br />

signed upon arrival, they were often only allowed to<br />

return to Turkey once a year.<br />

The improvement of working conditions came<br />

gradually, only after the number of Turks in Germany<br />

had become significant enough to operate as a<br />

politically viable force. Though initially required to<br />

return to Turkey after their two year contracts were<br />

up, most opted to extend their contracts by three<br />

years, owing largely to the lack of opportunities in the<br />

economically stagnant Turkey. 31 Steady immigration<br />

continues, allowing family members to join the initial<br />

migrants. By the time t hat the contract extensions<br />

concluded, the workers were well established within<br />

Germany and thus even more reluctant to return<br />

home. despite the oil crisis that ended most of the<br />

guest worker policies in 1973, Turkish immigration<br />

continued unabated well in the 1980s, mostly<br />

through family reunification. Increasingly frequent<br />

postponements of workers’ permits expirations<br />

dates promoted the permanent settlement of many<br />

families.<br />

Small communities sprung up in cities across the<br />

country, yet despite these advancements, integration<br />

and equality remained difficult for the Turks. The<br />

government neither sponsored their residence nor<br />

took steps to ensure that they had equal access to<br />

resources on par with those of German residents.<br />

In fact, the official policy was to continue their<br />

status as guest workers and encourage their return<br />

to their country of origin, a policy that persisted<br />

until the 1990s. 32 Similarly, the German people were<br />

gripped by xenophobia, claiming that the migrants<br />

were funneling precious resources away from<br />

natives. 33 This xenophobia manifested itself in the<br />

political arena in the party platform of the Christian<br />

democratic union, which promoted nationalistic<br />

and anti-immigrant policies, including campaigns<br />

opposing dual citizenship and allowing migrant<br />

workers to remain permanently. 34 the decades of the<br />

1990s and the 2000s brought a sharp increase in the<br />

number of supporters of integration policy, coupled<br />

with an expansion of Turkish culture as a daily feature<br />

of German life.<br />

The Gulf War and Shifting Migration Demographics<br />

GCC states serve as the destination for millions of migrant workers<br />

looking to find jobs in the rapidly developing gulf region.<br />

Beginning in 1991, the Gulf War wrought a distinctive<br />

change to labor migration in the Middle East. After<br />

Iraq’s invasion of Kuwait in 1990, countries became<br />

divided along political lines as certain nations, such as<br />

Jordan and Yemen, overtly supported the invasion,<br />

while others did not. In particular, member states of<br />

the Gulf Cooperation Council (GCC), which included<br />

Saudi Arabia, Kuwait, and several other oil-rich<br />

nations, heightened their immigration restrictions<br />

against workers from countries supporting the<br />

invasion, leading to the expulsion of almost 2 million<br />

Arab workers from GCC states. 35 this use of migration<br />

policy as a political weapon had consequences for the<br />

migrants, many of whom lost out on wages, savings,<br />

and other possessions upon their expulsion. 36<br />

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Despite the war, progress continued unabated<br />

in many oil-rich nations, necessitating a new labor<br />

force to fill the void left by millions of departing Arab<br />

workers, the majority of whom did not return even<br />

after the war’s end. The Gulf States subsequently<br />

looked to Southeast Asia to meet the labor demand,<br />

as they were not involved in the geopolitics of<br />

the region that had led to the previous workers<br />

expulsion. 37 The number of migrants from Indonesia<br />

and the Philippines, as well as Sri Lanka, India, and<br />

Bangladesh to GCC states consequently rose. Their<br />

numbers so rapidly expanded that by 1995, there<br />

were as many as 1 million more Asian workers than<br />

native Arabs in the GCC states, a fact which worried<br />

some nations enough to reconsider their almost<br />

exclusive use of Asia as a labor source. 38 though the<br />

workers were initially thought to be less divisive than<br />

other Arabs, conflicts eventually brewed between the<br />

migrants and the native populations, as well as with<br />

the Arab migrant workers as well. The workers were<br />

often subject to mistreatment or, in the case of many<br />

female workers from the Philippines and Indonesia,<br />

sexual harassment. 39 Such reports were met with<br />

differing reactions at home, including banning<br />

migration for Filipina women under the age of 21, and<br />

an outright ban by the Indonesian government on<br />

sending any female domestic workers at all.<br />

Nonetheless, the worldwide reliance on oil allowed<br />

the prosperity of the GCC to continue unabated into<br />

the 21st century. As oil prices recovered from lows<br />

during the Gulf War and a brief period immediately<br />

after, prosperity returned to the region. Development<br />

on roads, cities, and other projects continued, the<br />

labor demand ensured a steady flow of immigrants<br />

from Southeast Asia, who remained enticed by the<br />

employment opportunities despite the reports of<br />

abuse and neglect of workers.<br />

Similarly, the first half of the 1990s saw the<br />

continued growth of selected Asian economies,<br />

which themselves served as potent attractors for<br />

large numbers of migrant laborers. Yet again, the<br />

powerhouse economies of Hong Kong, Singapore,<br />

thailand, Japan, among others, drew many migrant<br />

laborers to their borders to fulfill a wide variety of<br />

domestic and industrial positions. So great was the<br />

allure to seek employment in these places that by<br />

1997, there were at least 6.5 million foreign workers<br />

in seven different Asian countries, including the<br />

previous four, Malaysia, South Korea, and Hong<br />

Kong. 40<br />

The 1997 Asian financial crisis had a severe impact<br />

on labor migration across the continent, halting<br />

much of the development that had necessitated the<br />

migrant labor in the first place. Beginning in Thailand,<br />

the crisis enveloped many Asian nations, devaluing<br />

currencies and causing debt to rise. Though the causes<br />

were uncertain – many blamed it on poor lending<br />

practices – its consequences were immediate. Many<br />

of the most robust economies saw an immediate<br />

halt in their previously consistent growth rates,<br />

causing them to cease many development projects<br />

as they prepared for an uncertain financial future. 41<br />

Unemployment rates rose universally as governments<br />

sought not only to find a solution to the crisis but also<br />

to find some way of dealing with the millions of labor<br />

migrants who had recently poured in, expecting to<br />

find employment. 42<br />

The problem of migrant workers in Asia became<br />

much politicized, as natives sought to p rotect their<br />

own employment interests and called for the forced<br />

deportation and repatriation of many labor migrants,<br />

whom they blamed for the crisis. 43 indeed, the<br />

political pressure was so great that some migrants<br />

actually did get deported, with Malaysia sending<br />

back over 200,000 Indonesian workers and Thailand<br />

announcing a similar plan for workers from Myanmar<br />

as one component of their unemployment Relief<br />

Scheme. Interestingly, in both of those countries,<br />

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there remained labor shortages in certain industries<br />

that were both low paying and dangerous, and in a<br />

similar vein, many domestic workers suffered only<br />

pay cuts as opposed to threats of deportation. 44<br />

One particular response to the crisis was the call<br />

for a greater variety of government protections<br />

for workers during a period of financial hardship.<br />

Eventually, this spawned a movement dedicated to<br />

reforming the welfare system in many Asian countries,<br />

which many migrants hoped would benefit them by<br />

offering them further protections against abuses. 45<br />

Since the early 2000s, the global patterns of labor<br />

migration have stayed relatively the same. In Asia, the<br />

strongest economies of Singapore, Japan, Malaysia,<br />

Hong Kong, and Taiwan continue to be the strongest<br />

attractors of migrant laborers searching for work. As<br />

the decade has progressed, thousands of migrants per<br />

year have continued to stream into these countries,<br />

swelling local populations and causing tensions<br />

between local populations and the arriving workers.<br />

In particular, local governments struggled with how<br />

to govern the incoming populations, including giving<br />

them access to local resources such as affordable<br />

housing, education, and medical care. in Singapore,<br />

Thailand, and Malaysia, a complex bureaucratic<br />

system arose, giving the government the power to<br />

decide migration limits and incentives. 46<br />

the immigrant population in Singapore, for<br />

example, is a mix of both Southeast Asian laborers,<br />

who are primarily unskilled and occupy the more<br />

domestic industrial sectors, other east Asian migrants,<br />

and some skilled workers from western nations such<br />

as the united States of America and Australia, who<br />

occupy many managerial and professional positions.<br />

The official policy of Singapore has been to promote<br />

the immigration of the more skilled workers, while<br />

varying the limits set on the number of unskilled<br />

workers allowed entry into the country based on<br />

the current economic situation. 47 this policy was<br />

made official in 1990 with the Employment of Foreign<br />

Workers Act, which explicitly guaranteed better wages<br />

and the freedom to apply for jobs within any sector<br />

to skilled and professional migrant workers. Unskilled<br />

workers must apply under a completely different visa<br />

or “pass,” which must be renewed after four years<br />

and do not allow the workers to be accompanied<br />

by their families. This type of preferential selection<br />

based on immigrant skill is common across many<br />

Asian nations, though individual policies do vary.<br />

Though the system governing the intake of<br />

migrants is rather comprehensive, many countries<br />

lack specific legislation protecting the rights of<br />

migrant workers once settled. This was of particular<br />

interest to labor-exporting countries, which had a<br />

far more vested interest in the quality of life of their<br />

citizens crossing borders to work than did many of<br />

the countries that received them. For example, in<br />

1995, the Filipino government passed the Migrant<br />

Workers and Overseas Filipino Act, which affirmed<br />

the commitment of the government to protecting<br />

the rights of its workers overseas and established<br />

guidelines for allowing workers to seek employment<br />

in another country. Specifically, the act required the<br />

destination country to have enacted laws ensuring<br />

the protection of workers and the establishment of<br />

resource centers overseas that could serve Filipinos<br />

working there, among other provisions. 48<br />

A notable outcome of this act was the refocusing of<br />

the Philippines Overseas Employment Administration,<br />

which formerly was responsible for regulating all<br />

aspect of overseas employment, towards issues<br />

more related with workers’ rights overseas. 49 the<br />

Filipino government was one of the first to become<br />

significantly interested in overseas workers’ rights,<br />

but soon other nations followed suit. In 2004,<br />

the Indonesian government passed legislation<br />

establishing education and protection programs for<br />

migrant workers, and other nations set up similar<br />

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The Philippines Overseas Employment Agency overseas the registration and orientation of all prospective migrant workers as part of the<br />

country’s measures to protect its citizens working abroad.<br />

agencies to oversee the recruitment and exportation<br />

of labor to other Southeast Asian countries and the<br />

Middle east.<br />

Special Focus on Dubai and the Middle East<br />

The Middle East and the GCC member states,<br />

having largely recovered from the Gulf War, once<br />

again enjoyed relative prosperity from rising oil<br />

prices, and thus renewed their mass recruitment of<br />

laborers from Southeast Asia. Saudi Arabia, Bahrain,<br />

and the <strong>United</strong> Arab Emirates were among the chief<br />

importers of foreign workers, with workers from<br />

Asian countries comprising more than fifty percent of<br />

each of those countries’ labor forces in 2005. 50 New<br />

sources of labor were found in Bangladesh, India, and<br />

even in some African countries.<br />

No country in the region had become more<br />

dependent on foreign labor than the <strong>United</strong> Arab<br />

Emirates, and in particular the state of Dubai, which<br />

boasted a labor force composed almost exclusively<br />

of foreign workers. Dubai had been growing steadily<br />

since the end of <strong>World</strong> War II, aided by British<br />

exploration for oil in the area. As one of the last regions<br />

in the GCC in which oil stores were found, Dubai first<br />

rose to prominence as a banking and financial center,<br />

controlling the gold trade from India. British banks<br />

took advantage of many of its lax tax policies to<br />

stream capital into the region. 51 Simultaneously, the<br />

government began investing heavily in infrastructure<br />

to support a growing metropolis. the implementation<br />

of large-scale construction projects for building and<br />

expanding roads, airports, and ports was crucial<br />

to broadening Dubai’s role as a center of trade in<br />

the Middle East. The discovery of oil in the 1960s<br />

and 1970s injected even more capital into the city52 ,<br />

increasing the already rapid pace of its development.<br />

By the 1990s, Dubai was recognized worldwide as an<br />

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Above: Owing to its explosive growth over the past few decades, Dubai has become a popular destination for migrant workers.<br />

Below: The thousands of migrant workers employed in Dubai often live in camps outside of the city.<br />

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The GCC states have some of the highest proportions of foreign laborers in the workforce in the world.<br />

international center of finance, trade, and tourism.<br />

Dubai’s rapid development relied heavily on the<br />

use of foreign labor to build roads, buildings, ports,<br />

and other projects cheaply and efficiently. Thousands<br />

of Arab and later South Asian workers poured in over<br />

the years, occupying labor intensive positions as<br />

construction and domestic workers. Steadily, Dubai<br />

began using almost exclusively foreign labor from<br />

Asian countries, such that in 2005 over 87 percent<br />

of its labor force came from Asia. 53 in fact, today,<br />

Dubai counts as much as 85 percent of its population<br />

as foreigners, many of whom came searching for<br />

jobs among its growing construction and service<br />

industries as well as positions as domestic workers. 54<br />

age at 15, mandated that employers provide financial<br />

compensation for employees injured in the workplace,<br />

and required employers to provide overtime, leave,<br />

and safety measures to workers, among other<br />

provisions.<br />

These workers are predominantly Asian, but in recent<br />

years there has been an increasing number of African<br />

workers as well. In contrast to the workers of Western<br />

Europe, however, these contemporary workers often<br />

do not bring their families and instead send a portion<br />

of the money they earn back to their families in their<br />

home countries.<br />

Despite the growing numbers of workers living in<br />

the country, the UAE passed remarkably few laws<br />

governing employer responsibilities and labor rights.<br />

The 1980 Labor Law of the <strong>United</strong> Arab Emirates was<br />

one of the few enacted. It set the minimum working<br />

55 However, employers were not required<br />

to provide insurance to employees, and there was<br />

no recognition of unions or of employee collective<br />

bargaining rights. The U AE also set forth mechanisms<br />

for the implementation and interpretation of labor by<br />

allowing members of the Ministry of Labor to act as<br />

arbiters in cases involving labor disputes. 56 Workers<br />

can file complaints with the Ministry, as which point<br />

it will become a mediator of employer-employee<br />

negotiations and, if a solution cannot be achieved, an<br />

arbiter.<br />

These mechanisms for the protection of workers<br />

have faced scrutiny in recent years. Numerous<br />

reports of abuses of migrant labor, including failure<br />

to pay wages, inhumane living conditions, and<br />

extended work hours. Workers complain of having<br />

their passports taken from them, and being forced to<br />

live in unsanitary labor camps on the outskirts of the<br />

city. 57 Oftentimes, the workers claim, they are forced<br />

to live in rooms with up to 11 other people without<br />

proper plumbing or air conditioning. 58 Many of the<br />

workers paid recruitment agencies to bring them<br />

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there, claiming to be lured by agents offering double<br />

the actual wages and perks such as visits home every<br />

year, none of which are actually in the contract they<br />

signed. 59 They also complain that the government<br />

does not actually monitor workplace-related injury,<br />

as is required by law. Finally, none of the protections<br />

listed in the 1980 law extend to domestic workers.<br />

Despite lacking the legal right to organize, workers<br />

have been increasingly expressing their frustration<br />

towards the country’s labor policies. Workers have<br />

staged protests and walked out of their jobs as a<br />

means of lobbying the government to update labor<br />

laws, but thus far there has been little success. 60 the<br />

government response has been mixed. Officials have<br />

stated that they are working on developing new labor<br />

laws that are fair to both employers and workers, and<br />

they have begun to take action against companies<br />

convicted of deceiving their workers, including<br />

limiting their ability to hire any more employees. 61<br />

In response to the complaints, the government has<br />

instituted several organs devoted to mediating labor<br />

disputes and addressing complaints of mistreatment.<br />

The Permanent Committee on Labor Affairs, created<br />

in 2006, resolves cases of unpaid wages and other<br />

complaints, and maintains a group of inspectors<br />

tasked with determining if the labor camps housing<br />

workers are up to government standards. These<br />

measures have met some levels of success, with a<br />

company being fined almost US$2 million for failing to<br />

pay its workers. 62 However, critics maintain that the<br />

government has been lax to utilize these mechanisms<br />

to punish companies that infringe on workers’ rights.<br />

Specifically, the Human Rights Watch has criticized<br />

the transparency of these organizations within the<br />

governments, as well as their accessibility to the<br />

workers, and points to the need for minimum wage<br />

laws and a government-recognized right to protest. 63<br />

In recent years, the <strong>United</strong> Arab Emirates has<br />

softened its position on labor rights. In 2011, along<br />

with many other members of the GCC, the nation<br />

voted in favor of the International Labor Office<br />

Convention 189, which standardized protections for<br />

domestic workers worldwide. 64 The government also<br />

announced that it was drafting a law to allow the<br />

formation of labor unions for construction workers,<br />

though the law remains under review and has not yet<br />

been implemented. Despite these advances, critics<br />

maintain that existing impediments to collective<br />

bargaining, worker protections, and employer<br />

accountability must be addressed.<br />

The Future of Migrant Labor<br />

Recent years have seen a shift in economic power<br />

away from Western nations such as the united<br />

States and Western europe towards more rapidly<br />

developing nations. This shift in economic importance<br />

has significant implications in the form of foreign<br />

investment and economic growth, but also for the<br />

future of migrant labor in these areas. As these<br />

countries grow in population, infrastructure, and<br />

GDP, they will inevitably be looked to as a potential<br />

destination for workers seeking better opportunities<br />

than are found in their home countries.<br />

Latin America has recently been experiencing a<br />

marked increase in the number of migrant workers<br />

crossing its borders. The most popular destinations<br />

have been Argentina and Venezuela, which counted<br />

over 1 million foreign workers in 2010, as well as<br />

countries such as Brazil, which received the largest<br />

number of migrants from countries outside of<br />

South America. 65 Some of the growth of migrants<br />

in Brazil can be attributed to its current demand<br />

for strengthening its infrastructure, in part due<br />

to its playing host to the 2014 FIFA <strong>World</strong> Cup and<br />

the 2016 Summer Olympics. As such, employment<br />

opportunities are expanding and drawing a large<br />

number of migrants from both neighboring countries<br />

and other continents. 66 yet concerns are already<br />

arising over the treatment of these workers, both<br />

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With many job opportunities in construction for events like the coming 2014 <strong>World</strong> Cup and the 2016 Summer Olympics, the number of<br />

migrant workers in Brazil is expected to rise.<br />

with respect to working conditions and wages. As<br />

Brazil and more broadly become viable destinations<br />

for migrant workers, they will have to develop means<br />

of addressing these issues.<br />

In addition, countries serving as the sources of<br />

migrant labor are experiencing their own changes.<br />

For instance, in Northern Africa, rising unemployment<br />

rates have driven many residents to seek work<br />

elsewhere. Once settled, the workers send back<br />

remittances, which, due to their volume, have become<br />

very important to the economies of these nations. 67<br />

With the onset of the worldwide economic downturn,<br />

these countries remain dependent on remittances<br />

that are shrinking with wages. As such, the future<br />

of labor migration from this region remains unclear,<br />

especially when considering the recent instability<br />

of the region. The solutions that governments and<br />

the united <strong>Nations</strong> implement to address concerns<br />

surrounding labor migration will undoubtedly have<br />

far-reaching consequences for the people relying on<br />

the money supplied by foreign workers as well as the<br />

countries to which the workers travel.<br />

Past uN Action<br />

From its inception, the <strong>United</strong> <strong>Nations</strong> has<br />

recognized the importance of migration and workers’<br />

rights and has adopted numerous resolutions and<br />

created various committees to try to find a solution<br />

to the inequitable treatment of migrant workers. The<br />

topic of migrant labor is dealt with almost exclusively<br />

by the International Labor Organization (ILO), which<br />

operates as a UN agency with 185 member states.<br />

Convention 97, drafted in 1949, deals with specific<br />

matters pertinent to labor migration. It calls for<br />

information to be accessible to migrants regarding<br />

labor policies and asserts that migrant laborers<br />

should have access to public labor recruitment<br />

services, healthcare, equal wages, and other benefits<br />

on par with those of local workers. It also specifically<br />

admonishes the promotion of illegal immigration or<br />

trafficking.<br />

Following Convention 97, in 1975, Convention 143<br />

was passed. It dealt primarily with migrants in abusive<br />

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conditions, and called upon members to root out and<br />

address causes of illegal migration, which promoted<br />

abuse of migrant workers’ rights. It called upon states<br />

to provide adequate remuneration and social security<br />

to legal migrant workers. Convention 143 also defined<br />

a migrant worker to be one who migrates exclusively<br />

for employment, and not education or other reasons,<br />

and asserted that migrant children raised in a country<br />

should not be regarded as illegal. Together, these two<br />

conventions, 97 and 143, were instrumental in defining<br />

UN policy towards migrant labor. However, although<br />

Convention 97 saw some support from developed<br />

nations like the <strong>United</strong> Kingdom and France, 143 saw<br />

little by way of support from nations that would likely<br />

serve as destinations for migrant workers.<br />

One of the most important resolutions was the<br />

International Convention on the Protection of the<br />

Rights of All Migrant Workers and Members of Their<br />

Families in 1990. This convention guarantees that<br />

migrant workers will be afforded the same rights<br />

and equal treatment as local workers, regardless of<br />

gender, age, or ethnicity. It also attempts to take<br />

action by sanctioning states that allow trafficking of<br />

workers and institutions that mislead people about<br />

the opportunities presented by migration. Finally,<br />

it also addresses, albeit briefly, undocumented<br />

workers, saying that their rights must be respected<br />

as well, although the convention acknowledges that<br />

legal migrants are entitled to more rights than those<br />

who are undocumented.<br />

The Convention failed to garner widespread<br />

support in the international community. While it was<br />

drafted and signed in 1990, it only came into effect in<br />

2003, when the minimum of 20 ratifying states was<br />

finally reached. Currently, there are over 60 states that<br />

have signed, ratified, or expressed the intention of<br />

adhering to the protocols set forth in the convention,<br />

and the Committee on Migrant Workers oversees<br />

adherence to this convention. However, these<br />

nations are primarily those from which immigrants<br />

emigrate, and often are not the destination countries<br />

of migrant workers. Though it is important that the<br />

home states of migrant workers acknowledge their<br />

right to protection and fair treatment, without the<br />

support of developed or developing nations to which<br />

these migrants flock, the convention is all but useless.<br />

Weak support among major employment countries<br />

is among the biggest issues faced by the <strong>United</strong><br />

<strong>Nations</strong> in garnering support for migrant workers.<br />

The resolutions, while specific and focused, are often<br />

unfavorable among employment nations because<br />

migrant workers serve as cheap labor alternatives.<br />

Such countries are not particularly eager to forfeit<br />

their cheap labor supply. Another impediment to<br />

equality for migrant laborers is illegal immigration,<br />

which is particularly hard to track and exists far<br />

outside governmental controls. Finally, the conflict<br />

between local and international law can present an<br />

obstacle to migrant worker rights. Without powerful,<br />

industrialized nations to support these conventions,<br />

they are unlikely to have any great effect.<br />

Proposed Solutions<br />

There has been little in the way of proposed or<br />

implemented solutions to this problem, since the<br />

countries in which solutions must be implemented<br />

are also those countries that benefit the most from<br />

lax migrant labor regulations. However, in recent<br />

years, countries of origin for workers have begun<br />

pressuring the employment nations to take steps to<br />

protect their citizens while working abroad.<br />

In the Philippines, the Overseas Employment<br />

Administration has been made responsible for the<br />

oversight and protection of the thousands of Filipino<br />

migrants working abroad. The economy of the<br />

Philippines, like many source countries for migrant<br />

labor, is dependent on remittances sent home by<br />

these workers. The OEA has been responsible for<br />

cracking down on employment agencies recruiting<br />

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in the Philippines and abroad that have been found<br />

guilty of abusing migrant workers’ rights, and seeks<br />

to provide a more open and accessible recruitment<br />

process that protects the workers even while<br />

abroad. Many of the migrant workers coming from<br />

the Philippines serve as domestic workers, and so<br />

the nation worked to draft a convention with the<br />

International Labor Organization designed to protect<br />

the rights of domestic workers. The convention, the<br />

first of its kind, was completed in 2011 and currently<br />

has three signatories. in addition, the nation has<br />

been pressuring the governments of many Middle<br />

Eastern countries, which serve as the destination for<br />

many Filipino migrant domestic workers, to increase<br />

protections. The government has levied its power<br />

as a labor supplier to help ensure fair contracts and<br />

distribution of wages to its workers.<br />

indonesia, another country that sends many<br />

immigrants abroad to work as domestic workers,<br />

among other positions, has recently started<br />

promoting the rights of its citizens overseas. It has<br />

made the negotiation of fair contracts for its workers<br />

a priority in the near future. Other steps taken to<br />

protect workers have included calling home illegal<br />

migrants from places such as Malaysia. yet critics<br />

claim that the measures taken thus far are insufficient<br />

and cite the large number of Indonesians currently on<br />

trial or facing the death penalty abroad who were not<br />

offered fair trial. In addition, many are pushing the<br />

government to ratify the recent ILO convention on<br />

the fair treatment of domestic workers.<br />

In Thailand, a system known as National Verification<br />

was created to allow illegal migrant workers the<br />

opportunity to obtain legal status. The program<br />

allowed illegal workers to register for temporary<br />

passports from their home countries, which would<br />

then allow them to become legal workers in Thailand.<br />

Once they have attained legal status, they would be<br />

afforded all of the same rights and privileges as Thai<br />

citizens. The system has garnered criticism from those<br />

who say that despite its seemingly good intentions, it<br />

is corrupt and forces migrants to pay in order to have<br />

their paperwork completed.<br />

There exists a dichotomy between the countries<br />

who send migrant workers and those to which those<br />

migrants travel. In order to find a solution that might<br />

receive support from both types of countries, it is<br />

essential that both have input. Compromises that<br />

offer protections to workers without making them<br />

less desirable as a source of labor must be found.<br />

In addition, it is essential that a body tasked with<br />

oversight of these migrant workers be put in place.<br />

Currently, there are few bodies to which migrants can<br />

turn to lodge complaints, and often they are forced to<br />

contend with foreign legal systems that do not offer<br />

adequate or fair arbitration in cases of workers’ rights<br />

abuse. Establishing a new framework for addressing<br />

these issues would be beneficial in establishing a<br />

uniform policy network that migrants worldwide can<br />

access.<br />

Questions a Resolution Must Answer<br />

(QARMA)<br />

There are several competing interests at work<br />

in the debate over migrant labor rights, and any<br />

proposed resolution must balance these interests<br />

to create viable solution. First and foremost, the<br />

resolutions must propose a system that will be used<br />

by nations to admit and identify migrant workers:<br />

What criteria must an immigrant fulfill to qualify as a<br />

migrant worker, and what mechanisms are in place to<br />

legally attain that status?<br />

Once the admission qualifications are decided, a<br />

resolution must address the rights to which migrant<br />

workers are entitled: are they the same as those<br />

rights afforded to citizens, or are there limitations?<br />

More importantly, the resolution must define a fair<br />

standard of treatment for migrant workers.<br />

A resolution must also outline the tools available to<br />

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migrant workers that they might use to seek out legal<br />

aid and report abuses. Should governments have a<br />

specialized agency that deals specifically with migrant<br />

workers, or some other mechanism of ensuring<br />

their rights are respected? What mechanisms of<br />

oversight should be put in place to monitor migrant<br />

workers’ rights in various countries? Should it be<br />

the responsibility of the ILO to monitor and address<br />

claims of worker abuse, or should it be given to<br />

another organ? In addition, there should be an<br />

explanation of the measures taken should a country<br />

be convicted of having exploited migrant workers. It<br />

is not necessary to be overly specific, but a general<br />

outline of the processes by which the <strong>United</strong> <strong>Nations</strong><br />

will discourage such exploitation is useful.<br />

Finally, the resolution must address the issue of<br />

recruitment agencies and private contracts. There<br />

must be a framework in place to address agencies<br />

accused of misleading immigrants, and the resolution<br />

must detail what powers are given to nations to<br />

regulate recruitment agencies within their borders.<br />

in addition, under what circumstances can a contract<br />

signed by a migrant worker be nullified? Elucidating<br />

the relationship between contracts and international<br />

law regarding workers will be useful in determining if<br />

exploitation has occurred at all.<br />

There are many other questions that remain<br />

unanswered that might be included in a resolution.<br />

For instance, it might be important to address sharp<br />

cultural or religious differences that could potentially<br />

cause problems during labor negotiations. There<br />

are so many issues to be considered that it can be<br />

daunting to try and find a resolution that provides<br />

every solution, so instead try and pinpoint the most<br />

pertinent issues that can be applied uniformly to all<br />

nations. Specifics are good, but keep in mind that<br />

a resolution might fail if it is too specific and not<br />

applicable enough.<br />

Questions to consider:<br />

• What qualifies a migrant worker?<br />

• to what protections and rights is a migrant<br />

worker entitled?<br />

• On whom will the responsibility be placed of<br />

addressing workers’ complaints?<br />

• How must countries regulate worker<br />

•<br />

recruitment centers?<br />

Under what conditions can a worker’s contract<br />

be nullified?<br />

Key Actors and Positions<br />

Much has already been written in this guide about<br />

the importance of the Middle east as a destination<br />

for workers around the globe. Home to millions of<br />

migrant workers, who sometimes outnumber the<br />

native population, the Middle East has already been<br />

implicated in several instances of worker exploitation<br />

and continues to face pressure from various<br />

migrant-sending countries to reform its labor laws.<br />

Complications arise during considerations of what<br />

amounts to cultural differences, such as the supposed<br />

mistreatment of women, and what constitutes<br />

specific and deliberate worker exploitation. The<br />

history surrounding the development of the Middle<br />

east as an international destination for millions of<br />

workers has been more clearly explained in the<br />

section “History of the Problem.”<br />

The problem essentially splits the world into two<br />

groups: countries that send migrants overseas to<br />

work and the countries that receive them. Typically<br />

the former group is composed of poorer, less<br />

industrialized nations whose economies depend on<br />

the remittances sent home by these workers. They<br />

are also typically the countries spearheading efforts<br />

to institute labor reform and ensure the protection<br />

of their citizens abroad. Yet because they tend to be<br />

poorer and are dependent on these workers, they have<br />

far less power to enact change on an international<br />

scale. The very reasons for which migrants choose to<br />

leave these countries are also responsible for their<br />

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limited influence. They are restricted in their ability to<br />

get destination countries such as Singapore, Malaysia,<br />

Australia, and the <strong>United</strong> Arab Emirates to adhere to<br />

international conventions addressing migrant labor<br />

concerns.<br />

Opposite the labor sending countries are those<br />

countries that receive the workers. During a period<br />

of rapid expansion or growth, countries without an<br />

adequate labor supply find themselves in need of<br />

workers, and so migrants are brought in to fill the<br />

void. For these countries, migrant labor acts as a<br />

cheaper alternative to hiring citizens, for migrant<br />

workers are often more willing to accept lower pay<br />

and take on more hazardous jobs. In several cases,<br />

migrant workers are needed to fill positions that are<br />

refused by citizens of a certain countries, as was the<br />

case with fruit pickers and seasonal farm workers in<br />

the <strong>United</strong> States. Historically, countries such as the<br />

<strong>United</strong> States and Western Europe have served as the<br />

destinations for millions of laborers and their families,<br />

but the demand has since shifted to countries in the<br />

Middle east and Southeast Asia.<br />

the goals of these countries are often to accelerate<br />

their own growth, and migrant labor often provides a<br />

cheap and effective labor force to do so. Thus, many of<br />

the developed and industrialized nations are hesitant<br />

to adopt conventions and adhere to resolutions that<br />

make employing these laborers more expensive.<br />

Owing to their position as the wealthier and more<br />

influential states, they might not be receptive to<br />

changing existing labor policies. While they might<br />

not be opposed to extending rights to workers, to do<br />

so presents a significant sacrifice, which they might<br />

neither be equipped nor willing to take on.<br />

there are numerous other actors that play<br />

significant roles in the international labor community.<br />

For instance, the International Labor Organization<br />

is instrumental in lobbying for workers’ rights<br />

and is responsible for publishing reports detailing<br />

suggestions for improving the situation of workers<br />

worldwide. Also important is the media, which by<br />

reporting working conditions and experiences can<br />

help turn the tide of public opinion in favor of reform.<br />

The media is especially important given that the ILO<br />

and other international organizations lack the tools<br />

or the influence to pressure countries into adopting<br />

laws protecting labor equality.<br />

Suggestions for Further Research<br />

It is important to categorize your country based<br />

on whether you are a net exporter or importer of<br />

labor, as this is the single most important factor in<br />

determining your future policy decisions. if you are<br />

a net importer of labor, make sure to find specifics,<br />

including what industries use the most migrant labor,<br />

the origins of the migrant laborers and whether they<br />

tend to stay and create a new life for themselves in<br />

your country or return home after a period of time.<br />

Look at past and present policy regarding migrant<br />

labor and specifically what mechanisms exist to<br />

protect laborers and what rights they are afforded.<br />

If your country is a net exporter of labor, look<br />

into the reasons for which people are choosing to<br />

go abroad to look for work. There may be economic<br />

factors or social or political unrest causing people to<br />

seek employment elsewhere. Especially important is<br />

the dependency of the home country on remittances<br />

sent home by the foreign laborers, as these can<br />

constitute a large proportion of the country’s GDP.<br />

Research the different actions your government<br />

has taken to protect its workers abroad, if any, and<br />

analyze their effectiveness. Finally, it is important to<br />

understand the treatment of workers within your<br />

country as well, including their benefits and rights.<br />

Make sure to identify any international conventions<br />

or resolutions signed or ratified by your country<br />

regarding migrant workers and even labor laws in<br />

general.<br />

A basic knowledge of the history of your country is<br />

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important as well. Look for periods of rapid growth<br />

or industrialization, as these will be the times when<br />

migrant labor is likely to be at its peak. Colonialism is<br />

often a factor in the destination of migrant workers;<br />

if your country was a former colony, try to research<br />

how many migrants still travel to the former ruling<br />

nations.<br />

Equally important and informative are projections<br />

about the future of development in your country. If<br />

your country is expected to grow steadily within the<br />

next few years, it is likely that it will continue to serve<br />

as a destination for laborers, and understanding the<br />

projected growth of these populations will inform<br />

your policy decisions.<br />

The International Labor Office will most likely be<br />

the most useful source in finding your country’s policy<br />

regarding migrant workers. Their website contains<br />

numerous reports detailing the treatment of migrant<br />

workers and labor policies in various countries<br />

around the world, categorized both geographically<br />

and by sector of employment. Using these reports,<br />

you can identify the sectors most heavily dependent<br />

on migrant labor. In addition, the <strong>World</strong> Bank also<br />

drafts many reports detailing the use and distribution<br />

of migrant laborers as part of a country’s workforce.<br />

Non-governmental organizations can also prove<br />

useful during your research. The Human Rights Watch<br />

and Amnesty International often work to represent<br />

workers and lobby governments to change their labor<br />

policies, and so it might be useful to look at reports<br />

and articles from groups such as these. Other groups,<br />

such as the OECD and individual governments will also<br />

contain information on the laws governing migrant<br />

labor within their borders as well as the experiences<br />

of their migrant laborers abroad.<br />

Hopefully, everyone will come with a different story<br />

to tell and different perspectives on the problem and<br />

its solution. With the age of globalization, geographic<br />

location becomes less and less meaningful during<br />

the search for employment, and so it is essential that<br />

countries begin to look for an international standard<br />

to govern migrant labor. Your research will direct<br />

your goals when drafting resolutions, and thus it is<br />

of the utmost importance that you understand what<br />

aspects of migrant labor are advantageous to your<br />

country, as well as the aspects that are harmful. if<br />

you have any questions or need help finding a source,<br />

don’t hesitate to contact me via e-mail.<br />

Topic Area B: Foreign Mining<br />

Interests<br />

Statement of the Problem<br />

Mineral resources have long been among the<br />

cornerstones of society. entire time periods such as<br />

the Bronze and Iron Ages speak to the importance<br />

of metals and minerals in the course of human<br />

development. Much like every other non-renewable<br />

resource, the quest for minerals has become much<br />

more competitive in recent years, owing to the<br />

progression of technology and population growth<br />

that have increased demand. As an increasing number<br />

of countries seek to build their infrastructure and<br />

move toward industrialization, the demand for coal,<br />

iron, copper, tin, aluminum, and hundreds of other<br />

minerals swells. Numerous major industries, such<br />

as energy, transportation, and manufacturing of all<br />

kinds, are heavily dependent on the output of such<br />

mines, and thus procuring new sources of minerals<br />

has become very competitive in recent years.<br />

As the world’s non-renewable mineral resources<br />

are stretched thin, any new major deposits<br />

immediately attract attention from multinational<br />

mining corporations and resource-hungry nations<br />

alike, often prompting a flurry of foreign investment.<br />

Procuring incredibly valuable mining rights becomes<br />

an intense competition that can threaten to<br />

overwhelm tinier nations that might not have as much<br />

influence. In particular, the considerations of the<br />

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country seeking to sell the mining rights, such as the<br />

safety of its environment and people, as well as the<br />

use of profits to develop the nation’s infrastructure,<br />

might be subordinated to those of the companies<br />

and foreign nations looking to invest.<br />

Many countries have long histories of mining<br />

that date back to the colonial era and even before.<br />

during this time, the empires controlling the colonies<br />

in Africa and Asia gave preferential treatment to<br />

specific companies owned by Europeans, including<br />

royal charters and virtually unchecked authority.<br />

This fostered the development of a large and<br />

powerful private mining sector that continued to<br />

exert its influence long after the colonies received<br />

independence. South Africa, long under British<br />

rule, still struggles with finding a balance between<br />

governmental oversight and the liberal mining<br />

policies of previous decades. <strong>World</strong>wide, BHP Billiton,<br />

Rio Tinto, and Vale represent three of the largest<br />

companies in a US$1 trillion industry, each with its<br />

own diversified interests on several continents.<br />

The enormous influence of the private sector<br />

can overshadow the ability of a nation to regulate<br />

the mining development within its borders. Yet it<br />

is also important to note that oftentimes, foreign<br />

investment through these companies is crucial to<br />

the development of the economies of these nations.<br />

Mongolia serves as a perfect case study: finding<br />

itself blessed with enormous mineral resources and<br />

surrounded by wealthier, larger, and more powerful<br />

countries, it is trying to develop a system that allows<br />

it to balance its own growth with the desires of<br />

various mining companies as well as nations such as<br />

China and Russia, which seek to gain a foothold into<br />

the country’s mining sector. The <strong>United</strong> <strong>Nations</strong> must<br />

first decide what role it has to play in the arbitration<br />

of such rights, if any, and then create framework that<br />

can be used to mediate disputes over mining rights<br />

as well as protect the interests of all parties involved<br />

and ensure that no nation succumbs to pressure from<br />

outside forces.<br />

History of the Problem<br />

The allure of mineral resources has been<br />

simultaneously a constructive and destructive force<br />

throughout history. The discovery of gold in Australia<br />

and the <strong>United</strong> States led to the explosive growth<br />

of the city of Melbourne and the admission of the<br />

state of California, respectively, while in South Africa,<br />

the Boer Wars began largely with disputes over the<br />

British annexation of diamond mines. that these<br />

resources have become scarcer in recent years has<br />

only increased their pull. The global mining industry<br />

is currently worth over US$1 trillion, with the top<br />

three companies, BHP Billiton, Rio Tinto, and Vale,<br />

accounting for over $300 billion alone. The growth of<br />

the mining industry has continued steadily, and with<br />

it the power and influence of such companies. This<br />

has led to a clash between the business interests of<br />

the mining companies and the competing interests of<br />

the state.<br />

A Brief History of Mining<br />

The world’s oldest mine is currently dated at<br />

43,000 years old, and beyond that numerous findings<br />

indicate that mining has been prevalent throughout<br />

a large part of human history. Such is the importance<br />

of these minerals that entire ages are named after<br />

them: the Stone, Bronze, and Iron ages each mark<br />

during which prehistoric humans used the respective<br />

metal to create weapons and tools, and each<br />

advance in material wrought a distinct change on the<br />

course of human development. Evidence of mining<br />

activity over thousands of years old has been found<br />

on every continent except Antarctica, indicating<br />

the importance of the activity and the minerals it<br />

produces for even the earliest of civilizations.<br />

in the past, great empires such as that of the<br />

egyptians and the Romans engaged in mining<br />

activity, searching for both precious metals such as<br />

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The Romans engaged created some of the largest early mines, such as this gold mine in Romania.<br />

gold and silver as well as tin, lead, copper, and iron.<br />

The Romans developed some of the first large scale<br />

mining techniques as a means of extracting whatever<br />

resources they could from across the empire. 68<br />

They were among the first to create mineshafts and<br />

developed methods for getting rid of the water from<br />

mines in addition to hydraulic mining methods that<br />

allowed them to quickly excavate the topsoil.<br />

Evidence suggests that mining was practiced in<br />

India as early as 6000 BC, with the discovery of beads<br />

and tools made from copper and other metals. 69 gold were important as well, both for their scarcity<br />

as well as their intrinsic value as a form of currency.<br />

Later explorations in the New <strong>World</strong> of North and<br />

South America by Spanish conquistadors arose from<br />

the desire to find new stores of gold. Yet the allure<br />

of these precious metals led to the imprisonment<br />

and destruction of a great many natives at the hands<br />

of these explorers, both through warfare and the<br />

spread of disease.<br />

Mining played a central role in the spread of<br />

the colonialism, for each new territory amounted to<br />

precious metals and materials from these and other untapped reserves of mineral resources that could<br />

mines found their way to markets as far eastward as be used to support the growing empires. Africa,<br />

the Middle east, where they were exchanged with being particularly mineral rich, was long sought<br />

european traders for goods.<br />

after by European nations for its iron, copper, and<br />

the Middle Ages saw a great increase in the gold mines, which were active long before the<br />

demand for iron and other materials used to make presence of europeans on the continent. during the<br />

weapons and armor. the warring states of europe 19<br />

depended on the minerals to outfit their soldiers,<br />

and as such mining grew in importance. Silver and<br />

th century, as Europe began to partition Africa,<br />

the mining industry grew steadily, bolstered by<br />

the arrival of European immigrants looking to take<br />

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Africa is one of the most resource-rich continents, yet it has had trouble utilizing this wealth due to political instability that many claim<br />

is left over from the colonial era.<br />

advantage of colonial mining policies that favored<br />

these newcomers over the natives. 70 By the turn of<br />

the century, tin, copper, gold, manganese, iron, and<br />

diamonds were all being exported back to countries<br />

such as the united Kingdom, Portugal, and Belgium.<br />

The wealth of minerals invited foreign investment<br />

into the region as people the world over hoped to<br />

grab their share of the wealth. 71 Yet it also invited<br />

conflict, in particular between the colonies and the<br />

natives, who felt slighted and robbed of their rightful<br />

claim to the mines. the Boer Wars in South Africa<br />

began as a result of the annexation of diamond and<br />

gold-rich territories by Britain. Throughout Africa,<br />

tensions rose over the control of precious minerals.<br />

Elsewhere, the mining industry was also booming.<br />

the westward expansion of the united States<br />

was fueled in large part by the discovery of gold in<br />

California, which drew thousands from the east<br />

hoping to get rich quickly. The enormous growth<br />

of the regional population spawned the creation of<br />

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cities such as San Francisco and Los Angeles, and<br />

contributed to its induction into the union 1850. 72<br />

In South America, the conquistador’s quest for<br />

gold was largely unsuccessful, but nonetheless a<br />

flourishing mining industry existed there, primarily<br />

with the discovery of large silver deposits in Chile and<br />

Potosí, Bolivia. 73 Much of the silver was shipped to<br />

Spain, and the stores were largely depleted, leaving<br />

the economies of the region struggling to find new<br />

exports. And in Australia, gold rushes strengthened<br />

the colony of Victoria, dramatically increasing its<br />

population and wealth.<br />

the end of the colonial era heralded a period<br />

of transition for the mining industry worldwide.<br />

Many of the former empires were unwilling to<br />

relinquish control of the valuable resources to the<br />

new governments of their former colonies. They had<br />

invested heavily in infrastructure, primarily rail lines<br />

and other systems of transport that would allow the<br />

easy export of minerals and saw the end of colonialism<br />

as a potential lost investment. In addition, the colonial<br />

mining practices had made it almost impossible for<br />

native African mining enterprises to survive, ensuring<br />

that the foreign prospectors had complete control. 74<br />

The end of colonialism withdrew governmental<br />

control of the regions, but ownership of the mining<br />

companies and systems of distribution remained in<br />

foreign hands. 75 The newly instated governments of<br />

many African states worked immediately to set up<br />

nationalized mining corporations that would help<br />

bring in revenue and had the potential to employ<br />

thousands. However, as the governments often<br />

lacked the experience and capital necessary to<br />

establish and maintain these ventures, the mines’<br />

performances were poor, and soon the countries fell<br />

into debt.<br />

At this time, the <strong>World</strong> Bank became heavily<br />

involved in loaning money to these mineral-rich yet<br />

debt-ridden nations and subsequently developed<br />

policy initiatives that aimed to help these countries<br />

improve their financial outlook. In 1992, the <strong>World</strong> Bank<br />

developed a mining-specific strategy for attracting<br />

foreign investment, which they had concluded was<br />

the best way for these nations to modernize their<br />

mining sectors for the international market. 76 integral<br />

to this strategy were reforms that loosened state<br />

control over the industry, many of which succeeded<br />

in attracting foreign investment. Yet the autonomy<br />

relinquished by the governments of many African<br />

states had fiscal and social consequences. <strong>Nations</strong> no<br />

longer backed by the wealth of their natural resources<br />

saw their currency values decline, which inevitably<br />

led to poverty and widespread social unrest. 77<br />

in Asia, the period following <strong>World</strong> War ii witnessed<br />

many countries using mining, and coal production<br />

in particular, as a means of modernization. India,<br />

seeking to expand its heavy industry, nationalized<br />

its coal production quickly after its independence.<br />

in Russia, territorial losses during <strong>World</strong> War ii and<br />

a lack of infrastructure had stunted the nation’s<br />

industrial growth. It began using prisoners to expand<br />

its network of mines beyond the Ural Mountains and<br />

into Siberia. 78 And in China, which saw a steep increase<br />

in mining and coal production during the Japanese<br />

occupation, the new regime used coal as a means of<br />

modernizing and rebuilding the nation. Though these<br />

mining industries flourished, with China becoming the<br />

leading coal producer in the world during the 1990s,<br />

they were plagued by accidents, a lack of worker<br />

safety, and increasing environmental concerns. 79<br />

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The Development of the Private Sector<br />

Cecil Rhodes became one of the most powerful men in mining in<br />

colonial Africa.<br />

Many of the first large-scale mining operations<br />

were initially undertaken directly by the government,<br />

especially during the colonial era. in india, Australia,<br />

and their African colonies, the British empire held<br />

tight control over mining operations, ensuring that<br />

much of the minerals and the revenue they generated<br />

were sent back to England and leaving relatively little<br />

for the colonists. As the British and other empires<br />

grew, however, the demands of managing the<br />

territories grew too great, and so private companies<br />

were formed and given charters to manage certain<br />

regions. Gold rushes and discoveries of other<br />

precious metals in their African colonies attracted<br />

large numbers of foreigners seeking their fortunes. 80<br />

these speculators and prospectors were supported<br />

by the British and other colonial governments, and<br />

given priority during bidding for mining rights. 81 these<br />

inequitable practices led to the rise of several major<br />

chartered mining corporations, including the de<br />

Beers group and the British South Africa Company,<br />

which together controlled a large portion of the gold<br />

and diamond trade in southern Africa throughout the<br />

late nineteenth and early twentieth century. the rise<br />

of private mining companies was not limited to Africa,<br />

but occurred in the Dutch Indies, the Caribbean,<br />

Australia, and the Americas.<br />

The transition from public to private mining groups<br />

occurred elsewhere. In Spain, the government had a<br />

presence at the Rio Tinto copper mines since 1724.<br />

Because of mismanagement and political instability,<br />

the mines were eventually sold off to a private group<br />

consisting of banks, railroad companies, and individual<br />

backers in 1873. 82 In Brazil, the government began its<br />

mining venture in 1942 in Minais Gerais, mining and<br />

exporting iron. Production grew steadily for many<br />

years, and operations spread outwards to encompass<br />

almost all of Brazil. Vale eventually became a publicly<br />

traded company in 1997, and, during that same year,<br />

a large acquisition of stock by the Brazil Consortium<br />

completed its privatization. 83<br />

Large profits encouraged the private companies<br />

to invest heavily in new equipment and more<br />

efficient techniques that increased output. Through<br />

mergers and acquisitions, companies expanded and<br />

diversified into mining various minerals, particularly<br />

during the two <strong>World</strong> Wars, when materials necessary<br />

for weapons and other instruments of war, such<br />

as iron, were in high demand. Such diversification<br />

necessitated geographic expansion. the Rio tinto<br />

Company bought the rights to mine copper in<br />

Rhodesia (now Zimbabwe). The Billiton Company,<br />

of the Netherlands, expanded to indonesia, and<br />

many companies initially based in Australia expanded<br />

their operations to Southeast Asia and Oceania. 84<br />

In these new locations, they enjoyed great success,<br />

especially coal mining, which became very profitable<br />

as electricity usage increased.<br />

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As the colonial era ended, however, the companies<br />

faced problems. For years the mining laws of the<br />

empires had supported them and allowed them to<br />

hold a monopoly on mineral production. However,<br />

the end of colonialism meant that new African<br />

governments would have the opportunity to rewrite<br />

the laws so as to favor native businesses. In Zambia,<br />

the British South Africa Company transferred its<br />

mineral rights to the government after independence<br />

in 1964, and then a year later the remnants of the<br />

company merged with the Anglo American plc. 85<br />

Other companies, such as the diamond giant de<br />

Beers, negotiated new contracts with countries such<br />

as Angola, Zaire, and Botswana, thus ensuring that<br />

production would continue unabated.<br />

the practices of de Beers in the period following<br />

colonial independence are noteworthy. While the<br />

founder, Cecil Rhodes, and subsequent leaders of the<br />

company had enjoyed great freedom to speculate<br />

and mine where they pleased, the advent of African<br />

independence hindered future endeavors. As such,<br />

the company sought contracts with the states of<br />

Zaire, Sierra Leone, Angola, and Botswana, as well<br />

as others outside of Africa such as israel, Russia, and<br />

Australia. In Africa, the company bought diamonds<br />

from within conflict zones and collected fees and<br />

percentages on every diamond sold. 86 When Zaire<br />

tried to circumvent these charges by releasing their<br />

own diamonds at lower costs, de Beers temporarily<br />

flooded the market to lower prices, rendering Zaire’s<br />

diamonds relatively worthless and forcing them to<br />

adhere to the company’s terms. 87 Other deals saw the<br />

country of Botswana acquiring 15% of the company<br />

in exchange for access to its diamonds, and the<br />

company bought almost the entire stock of diamonds<br />

in Russia and israel, thus maintaining its monopoly of<br />

diamond mining. 88<br />

While other companies took similar, albeit less<br />

extreme, measures, the power of the corporations<br />

continued to grow, especially as smaller companies<br />

were absorbed into just a few, growing conglomerates<br />

which dominate the market today. The Rio Tinto<br />

Group enjoyed great success in Rhodesia, but<br />

eventually sold off its shares in the mines to finance<br />

other purchases. it merged with the Consolidated<br />

Zinc Corporation of Australia, which had capital but<br />

needed the undeveloped assets provided by Rio<br />

tinto. 89 the resulting Rio tinto Zinc Corporation<br />

continued to acquire companies from North America<br />

and Australia and began mining aluminum, borax,<br />

uranium, and coal, among other minerals. 90 the<br />

Brazilian Company Vale, which was formerly stateowned,<br />

merged with the Brazilian ore industry and<br />

acquired companies in China, Australia and North<br />

America. it is now the second largest mining company<br />

in the world. the dutch Company Billiton expanded<br />

its operations to all continents excluding Antarctica<br />

and began mining bauxite, gold, copper and coal.<br />

In 2001, it merged with the Broken Hill Proprietary<br />

Company of Australia, which itself was a powerful,<br />

diversified company. Today, after several other large<br />

acquisitions, BHP Billiton is the largest and most<br />

valuable mining company in the world, accounting for<br />

almost 16% of the global market capitalization. 91<br />

together, these and other large companies<br />

wield tremendous economic and political influence.<br />

As with any large corporation, their presence is<br />

simultaneously beneficial to countries, as they can<br />

provide infrastructure, expertise, and employment<br />

in the mining sector much more easily than many<br />

governments. Yet in doing so they effectively take<br />

power away from the state and can, as seen in Africa,<br />

South America, and currently Asia, exert pressure on<br />

nations to their benefit. This conflict of interests has<br />

led to struggles for power and control over mining<br />

rights between the state and the companies in several<br />

countries.<br />

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BHP Billiton is the world’s largest mining company by market cap<br />

Balancing the Government and the Private Sector:<br />

South Africa<br />

For hundreds of years, South Africa has been<br />

inextricably linked with mining. A land of abundant<br />

mineral resources, the region has produced gold for<br />

hundreds of years, but it was not until the arrival of<br />

the British and the grip of colonialism that the mining<br />

industry truly developed. White foreigners became<br />

dominant in every sector, in particular mining, reaping<br />

large profits and creating a reputation for South<br />

Africa as a literal goldmine waiting to be exploited.<br />

The colonization of South Africa began in 1652<br />

when the Dutch began a colony at present-day Cape<br />

town, hoping to secure an outpost along a nautical<br />

spice trade route to the Far East. 92 the settlement<br />

grew, bolstered by Europeans fleeing religious<br />

persecution and imported slaves. After several<br />

skirmishes in the preceding years, the British captured<br />

the settlement in 1806 and, a little over a decade later,<br />

began promoting the emigration of British people<br />

to the colony, pushing a group of people known<br />

as the Boers northward into unexplored territory.<br />

though the British continued to annex their claimed<br />

territory, the Boers eventually founded the Orange<br />

Free State in 1854, in north-central South Africa and<br />

the Transvaal Republic further north in 1852. 93 in<br />

1866, diamonds were discovered in the Orange Free<br />

State, and later, in 1885, an enormous gold deposit<br />

was found in the Transvaal Republic. The young<br />

states were hardly capable of fully exploiting these<br />

mineral opportunities and thus were forced to allow<br />

many foreigners to enter who could. 94 Many of these<br />

foreigners were British, who began to outnumber the<br />

Boers and pose a threat to their views on religion and<br />

slavery. Tensions exploded in 1877, when the British<br />

attempted to annex Transvaal, leading to the First<br />

Boer War, which prevented annexation but did not<br />

deter the British.<br />

After the discovery of gold, Transvaal became a<br />

very wealthy state, and it soon became the largest<br />

gold producer in the world. expansionist eyes in<br />

British South Africa saw Transvaal as a very valuable<br />

potential addition to the empire, and so expansionists<br />

and imperialists hoping to gain access to the mines<br />

encouraged the annexation of the state. 95 tensions,<br />

already on edge due to the previous war, rose once<br />

again, and in 1899, the Second Boer War broke out.<br />

Britain quickly gained the upper hand, but three years<br />

of guerilla warfare took place before it was declared<br />

the official victor and the two republics were formally<br />

annexed, completing the unification of South Africa.<br />

the war had many implications for the country<br />

as a whole, especially for the mining industry. With<br />

the unification of South Africa complete, British<br />

prospectors came in droves to the Witwatersrand,<br />

the region yielding the largest gold discoveries. 96<br />

Even before the war, chartered companies such as<br />

the British South Africa Company began securing<br />

footholds here and in the diamond mines in Kimberly,<br />

in the former Orange Free State. The monopolies<br />

established during this time period, particularly<br />

Cecil Rhodes’ consolidation of the diamond mining<br />

companies, are notable in that they were largely<br />

encouraged by the government, which essentially<br />

handed control of the region over to the powerful<br />

businessmen such as Rhodes who invested in the<br />

region. 97 Though slavery was abolished in 1833, the<br />

now impoverished Boers and the natives went to<br />

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After the discovery of gold there in the late nineteenth century, the Witwatersrand in South Africa became a target for British miners and<br />

speculators.<br />

work in the mines, settling for low wages and unsafe<br />

conditions that went unnoticed or ignored by the<br />

government for many years. 98<br />

The British South Africa Company became<br />

particularly important in the following years. After<br />

receiving its royal charter in 1889, the company<br />

was allowed to purchase large amounts of land at<br />

a reduced price owing to the support of the British<br />

Crown. 99 It began investing in mines across South<br />

Africa and Rhodesia, building a network of highly<br />

profitable ventures that, owing to the tight control<br />

it was afforded over the region, was more efficient<br />

than competing mines elsewhere in the world.<br />

Though the company became especially famous<br />

for Cecil Rhodes’s diamond monopoly, it enjoyed<br />

success in most ventures. With this acquisition<br />

of land, it also began serving other roles, such as<br />

constructing rail lines between mines and developing<br />

the infrastructure of the region, a task normally left<br />

strictly to the government. 100<br />

the increasingly complex scene of racial politics<br />

soon found their way into the mining industry during<br />

the Rand Rebellion of 1922, during which white mine<br />

workers protested and revolted against the mining<br />

companies after falling gold prices had caused a<br />

decrease in wages. The companies responded by<br />

hiring black mine workers, who were willing to work<br />

for lower pay, but this only further incensed the<br />

rebels. 101 The revolt was eventually put to rest by<br />

the state military, and the government passed laws<br />

favoring white workers in the future.<br />

the British South Africa Company lost its charter<br />

in 1923 and eventually dissolved after being forced<br />

to sell its mineral rights in Rhodesia to the new<br />

Zambian government. The remnants of the company<br />

were merged with several others to become Charter<br />

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Consolidated Ltd, a subsidiary of the current company<br />

Anglo American. 102<br />

Today, mining corporations still play a significant<br />

role in South African politics and society. South<br />

Africa still holds some of the world’s largest diamond<br />

and gold reserves, and continues to produce large<br />

amounts of these and other minerals. 103 South<br />

African mining policy continues to undergo changes,<br />

and, though currently it is still firmly entrenched<br />

in the private sector, there have been talks of<br />

nationalization. Recent reforms affording more<br />

rights to mining unions and workers have resulted<br />

in controversy, as mining strikes and revolts have<br />

become costly. Certain corporations, such as Anglo<br />

American plc, have expressed concerns over these<br />

new reforms and inconsistent government policy,<br />

saying that companies are becoming more cautious<br />

and less likely to invest in speculation and mine<br />

development. 104 this comes at the same time as<br />

miners are demanding more protections and better<br />

The entrance to the Las Cristinas gold mine, which has been the subject of recent talks by the Venezuelan and Chinese governments about<br />

its future development.<br />

pay, forcing the government to try and find a way<br />

to rectifying these two important but competing<br />

interests.<br />

Venezuela and Nationalization<br />

While South Africa attempted to balance the<br />

private and public interests, Venezuela has taken a<br />

very different approach. The country’s mining history<br />

dates back to the days of Spanish colonization, during<br />

which time conquistadors began mining for gold to<br />

send back to Spain. The colonizers did little to expand<br />

the mining industry beyond the search for gold,<br />

silver, and other precious metals. Because Venezuela<br />

is typically characterized by its large oil reserves, the<br />

mining industry received little attention for many<br />

years, allowing a sizeable private sector to arise,<br />

particularly in coal and iron.<br />

However, Venezuelan gold production remains<br />

in the international spotlight owing to recent<br />

developments in the national gold mining policy.<br />

President Hugo Chavez nationalized the gold mining<br />

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industry in 2012 after nationalizing other industries<br />

such as oil and electricity. 105 the process included<br />

taking over mines owned by private companies such<br />

as the Las Cristinas Mine, one of the largest mines<br />

in the country. 106 The government reported that<br />

nationalizing the gold mining industry would help<br />

cut down on smuggling, infringement of workers’<br />

rights, and environmental damage. 107 the law also<br />

required the return of gold in foreign banks to<br />

return to Venezuela, as well as the sale of gold to the<br />

government.<br />

This act has generated significant controversy,<br />

resulting in many investors cautioning against future<br />

investment in the country. Several of the companies<br />

from whom mines were nationalized have claimed<br />

that doing so constituted a breach of contract.<br />

Rusoro Mining Ltd has asked the <strong>World</strong> Bank to<br />

mediate the dispute and intervene on its behalf. 108<br />

Meanwhile, Venezuela is in talks to develop the very<br />

first mine over which it took control the Las Cristinas<br />

Mine, into one of the world’s largest, with help from<br />

China. It is too early to tell if the move will ultimately<br />

be beneficial to the Venezuelan economy, which is<br />

currently suffering setbacks due to food shortages,<br />

inflation, and a rising national deficit. 109 it does,<br />

however, serve as an example of a radically different<br />

approach to the mining industry than that of South<br />

Africa.<br />

Mongolia and Present Day<br />

The Oyu Tolgoi mine has attracted interest from various countries<br />

and companies, putting Mongolia under intense scrutiny.<br />

For centuries, Mongolia was primarily a nomadic<br />

society, consisting of tribes of people wandering the<br />

barren landscape of the Gobi Desert, until Genghis<br />

Khan united the many different tribes and created<br />

a vast empire. It was not to last however, and, after<br />

its fall, Mongolia once again became a place devoid<br />

of any real cities or entrenched populations. it fell<br />

under the rule of the Qing dynasty of China, which<br />

was ruled by the Manchus. 110 during this time, the two<br />

populations remained very separate, but the capital<br />

city, now known as Ulaanbaatar, grew considerably,<br />

due to its location along an important trade route.<br />

The rule of the Qing Dynasty lasted until 1911, and,<br />

after its fall, Mongolia claimed its independence.<br />

This was not immediately recognized, however, as<br />

China claimed ownership of the country, leading to<br />

a war between Russia and China and occupation of<br />

Mongolia by their forces for several more years. 111 in<br />

1924, Mongolia received international recognition of<br />

its independence.<br />

Despite its officially recognized independence,<br />

Mongolia remained under intense pressure and<br />

influence from its larger, more powerful neighbors.<br />

Communism and Stalinist influence took hold,<br />

becoming powerful enough to ward off the Chinese<br />

and Japanese influence growing in the east. 112 this<br />

alliance with the Soviet Union continued for decades,<br />

until the fall of the Soviet Republic and subsequently<br />

Communism led to the Democratic Revolution in<br />

1990. A constitution was created, and the country<br />

began the transition to a market economy. 113<br />

the result of so many years of a nomadic culture<br />

and subsequent influence by its more powerful<br />

neighbors was that the new government had little in<br />

the way of infrastructure or precedent to guide it. With<br />

respect to the economy, Mongolia had been almost<br />

entirely dependent on agriculture and breeding<br />

livestock, which would not be enough to sustain an<br />

independent nation trying to industrialize. The nation<br />

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egan mining coal in 1922 near the present-day capital<br />

of Ulaanbaatar, but the industry, shunted from<br />

administration to administration, never actually grew<br />

until after the Mongolian Revolution. 114 In 1996, the<br />

country converted to a free-market economy, which<br />

eased price controls and invited foreign investment.<br />

It was not until 2001, however, that Mongolia came<br />

into the spotlight, after the discovery of an enormous<br />

gold-copper ore deposit at Oyu tolgoi. 115 the mine, one<br />

of the largest in the world, attracted the attention of<br />

international mining corporations everywhere as well<br />

as that of neighboring countries. 116<br />

The discovery of Mongolia’s mineral wealth<br />

has caused an explosion of growth in the mining<br />

industry. Minerals account for 80% of its exports,<br />

and investment in its mining sector has made it the<br />

world’s fastest growing economy in recent years. 117,118<br />

Estimates place future growth rates at a steady 14%,<br />

meaning that Mongolia is expected to grow rapidly in<br />

the coming years, especially as investment in mines<br />

such as Oyu Tolgoi increases. Due to its explosive<br />

growth, the country has had to work to develop a<br />

national mining policy that can take advantage of the<br />

growth while still assuring that it has control over<br />

resources within its borders. Neighboring countries<br />

such as China and Russia have jockeyed for control<br />

of shipping routes on which Mongolia depends to<br />

export the coal. 119 China is Mongolia’s biggest market,<br />

consuming many of its mineral resources to fuel its<br />

expanding economy, and foreign investment from all<br />

countries amounts to more than 50% of its GDP. 120<br />

initially, the nation sought a mining policy that<br />

was in line with free market capitalism. However, as<br />

the true size of Mongolia’s mineral resources have<br />

come to light, speculation and attempts by foreign<br />

companies to exert their influence have caused<br />

the nation to revise some policies and institute<br />

a greater degree of governmental oversight of<br />

mining operations. For example, Mongolia owns a<br />

third of the Oyu tolgoi mining rights, a mine that is<br />

expected to account for a third of Mongolia’s GDP<br />

by 2020, and the president has urged a renegotiation<br />

of the contract to allow for greater control by the<br />

government. 121 the rest of the mining rights are<br />

owned by the Ivanhoe Group, of which almost half<br />

is controlled by the Rio Tinto Group. In May of 2012,<br />

the country passed the Strategic Foreign Investment<br />

Law, which gives Parliament the responsibility of<br />

approving corporate takeovers in industries such<br />

as mining, significantly compromising the power of<br />

companies doing business in the country. 122 these<br />

measures are very recent, and thus it remains to be<br />

seen whether or not they will be successful.<br />

the future of the mining industry in Mongolia<br />

rests on the government’s ability to create a policy<br />

framework that recognizes its dependence on<br />

foreign investment while preserving its autonomy<br />

and independence from private mining interests. This<br />

is made especially difficult given that Mongolia is a<br />

smaller, far less populous country than its neighbors.<br />

Mongolian people have tended to be nationalistic<br />

about their resources, placing them in direct conflict<br />

with the country’s dependency on foreign investment<br />

to grow. In order to find a solution, it must find a way<br />

to balance myriad interests, including those of private<br />

companies and other nations.<br />

Past uN Actions<br />

The <strong>United</strong> <strong>Nations</strong> has, in the past, made several<br />

attempts to clarify and elucidate the process by<br />

which countries might retain control over their<br />

natural resources after signing contracts with private<br />

companies. However, oftentimes these resolutions<br />

have been contradictory and have done little overall to<br />

present a clear and effective strategy for determining<br />

the rights of nations to regulate the exploitation of<br />

their natural resources.<br />

The first major resolution meant to address the<br />

issue was UN Resolution 626, adopted in December<br />

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1952, which stated that it was the sovereign right of<br />

nations to be able to use and exploit their natural<br />

resources as they saw fit. It also encouraged all<br />

states to respect this sovereignty and to not act<br />

in any fashion that would threaten it. However,<br />

just a decade later, this resolution was modified by<br />

Resolution 1803, adopted in 1962, which stated that<br />

a nation could act to exploit its natural resources out<br />

of concern for national development and the “well<br />

being” of the populace. Furthermore, this resolution<br />

stated that nationalization was only to be used for<br />

security measures of the public interest and that<br />

contracts with private companies must otherwise be<br />

honored. this resolution undid much of the power<br />

gained by the state with Resolution 626, but it was the<br />

first to offer some sort of compensation for private<br />

companies whose property was to be nationalized.<br />

The UN conferred even greater powers of<br />

determination over natural resources to states in<br />

1974, beginning with Resolution 3201, “Declaration on<br />

the Establishment of a New International Economic<br />

Order.” The resolution included several specific<br />

mentions of the rights of nations to their natural<br />

resources, declaring that it was an “unalienable<br />

right” of nations to nationalize whatever resources<br />

they wished and that no other state could work to<br />

prevent them from exercising this right. In addition,<br />

the resolution provided for restitution for the loss of<br />

natural resources due to occupation, colonialism, and<br />

even apartheid. Such a broad, sweeping resolution<br />

gave significant power to the nations over the wills of<br />

the corporations, which were essentially powerless<br />

to stop the nationalization of privately owned mines.<br />

The power of the nation was further solidified in July,<br />

when Resolution 3281 was adopted. This resolution<br />

reaffirmed the right to compensation for companies<br />

that saw their investments in natural resources<br />

nationalized. However, the Resolution gave no<br />

guidelines for this compensation, and in fact stated<br />

that the local law of the state should determine it.<br />

This gave significantly more power to the state, which<br />

was now free to pay what it thought was a fair price<br />

for nationalized resources.<br />

Some critics have pointed to specific language<br />

within the latter two resolutions as diluting its power.<br />

the use of the word “should” denotes a suggestion<br />

rather than a legal obligation. The real power of<br />

these resolutions, however, was to weaken the<br />

power of an international contract, which was no<br />

longer legally binding. Theoretically, this might have<br />

meant that companies would be subject to the will<br />

of the countries. Mineral-rich countries, however, are<br />

extremely dependent on foreign investment for their<br />

own development, investment that comes through<br />

these contracts. though the countries were now<br />

guaranteed the privilege, at least in the eyes of the<br />

<strong>United</strong> <strong>Nations</strong>, to void these contracts whenever<br />

they saw fit, to do so would undoubtedly discourage<br />

future investment. Thus, utilization of the powers<br />

granted in these resolutions might have resulted in<br />

economic decline and instability, as companies would<br />

no longer view such a country as a good place to do<br />

business. Investors would unlikely be unwilling to do<br />

spend money in a place where they felt they had no<br />

rights.<br />

thus, these resolutions were not particularly<br />

effective at determining the rights of states and<br />

investors over natural resources. Specifically, they<br />

failed to find an equitable solution that tempered the<br />

sovereignty of the state over its own natural resources<br />

with contractual obligations that must be honored<br />

if the state is to attract foreign investors. Another<br />

glaring omission was any set of guidelines on how<br />

to intervene if the sovereign rights of a state over its<br />

natural resources are being hindered in any way. The<br />

resolutions mention that other nations must respect<br />

the rights of a country to exploit resources within its<br />

borders, but, if they do not, there is no framework<br />

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to address how the united <strong>Nations</strong> might encourage<br />

nations to follow this protocol, or discourage them<br />

from not respecting these rights.<br />

Proposed Solutions<br />

It is useful to look at past solutions proposed and<br />

utilized by other countries in order to help create a<br />

successful and lasting solution to the mining problem<br />

today. Nationalization, or the assumption of control<br />

by the government, is one potential solution used<br />

in China and Venezuela, and is being discussed as a<br />

proposed solution elsewhere, such as South Africa<br />

and Bolivia. In countries where all or part of the mining<br />

industry is nationalized, governmental oversight<br />

is undoubtedly easier. For instance, with respect<br />

to China’s coal mining, the government owns the<br />

Shenhua Group, the largest coal producer in the world.<br />

the state manages the mines, the transportation of<br />

the coal, and its use. The government operates this<br />

company much like any other, using it to seek further<br />

investment in mining opportunities abroad, which<br />

sometimes attracts the scrutiny of other nations,<br />

who are wary of letting another government directly<br />

invest in developing their natural resources.<br />

There are benefits and setbacks to this solution.<br />

With a nationalized industry, the state can easily<br />

regulate the use and development of the mining<br />

industry within its borders, ensuring that the needs<br />

of the state come first. Venezuela has stated that it<br />

decided to nationalize its gold industry to prevent<br />

smuggling and cut down on environmental damage,<br />

a direct result of enhanced government scrutiny.<br />

However, there are drawbacks to nationalization that<br />

may make it a less attractive option, particularly for<br />

smaller nations. First, in order to nationalize a given<br />

section of the mining industry, it is necessary to have<br />

the infrastructure and capital to properly manage it.<br />

For countries such as China, this is feasible, but for<br />

others such as Mongolia, this would be a very difficult<br />

task. The necessary roads, equipment, and personnel<br />

must be present in order to efficiently and profitably<br />

run the mining sector, a difficult reality to ensure.<br />

Increasing government regulation of the mining<br />

industry will inevitably decrease foreign investment,<br />

and the government must be able to run the mines,<br />

so as to guarantee that this does not have a lasting<br />

negative effect on the economy.<br />

Conversely, it is useful to look at the implications<br />

of a system with little to no governmental oversight<br />

or control. The Democratic Republic of the Congo is<br />

one of the most resource-rich nations on the planet,<br />

yet it suffers from civil wars and violence that many<br />

believe is perpetuated by the illegal mineral trade,<br />

which takes revenue away from the government. 123<br />

The country has an enormous private mining sector,<br />

with over 25 companies actively mining in 2011.<br />

Though the Congolese government does control<br />

a mining company known as Gécamines and owns<br />

several copper, cobalt, and zinc mines, production<br />

has been limited, and in recent years the company has<br />

undergone privatization of several of its operations<br />

through Chinese and Canadian investment. 124<br />

It is hard to differentiate the effects on the<br />

industry caused by lax governmental oversight from<br />

the issues surrounding the violence and instability<br />

in the region. yet it is important to note that the<br />

DRC has experienced a sharp negative decline in<br />

environmental quality, especially around mining<br />

sites located near national parks. Without effective<br />

regulation of transactions, there are concerns and<br />

allegations that the sale of coltan has been used to<br />

fund the civil war that has claimed thousands of lives<br />

in the country. 125 Violations of labor rights are very<br />

common, owing to the inability of the government<br />

to control mining operations within its borders. Thus,<br />

there are problems inherent in a lax system that gives<br />

almost complete control to the foreign investors as<br />

well.<br />

Any future solution to the problem of balancing<br />

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state and investor goals must recognize the issues<br />

inherent in both extreme solutions in order to work<br />

toward creating a balanced and fair approach. It<br />

is essential that new resolutions address the need<br />

to attract foreign investors while still maintaining<br />

an appreciable amount over control, so that states<br />

can monitor the production of minerals within their<br />

borders and ensure that such production is not<br />

harmful in any unintended ways.<br />

Questions a Resolution Must Answer<br />

(QARMA)<br />

First and foremost, a resolution must address the<br />

role of the united <strong>Nations</strong> in addressing disputes<br />

between private corporations and nations. Currently,<br />

no such definition exists, meaning that all resolutions<br />

of the united <strong>Nations</strong> occupy an uneasy state of<br />

existence in which no one can be sure of the degree<br />

to which the UN can get involved in international<br />

mining affairs.<br />

After defining a role for the UN to play, the<br />

resolution must elucidate and provide a framework<br />

for reconciling the national interests of a country with<br />

contractual obligations. Under what circumstances<br />

can a nation nullify a contract? Similarly, it is<br />

important that a resolution specifically denote the<br />

rights and privileges of nations in terms of their right<br />

to nationalize mineral resources and the steps that<br />

must be taken to do so.<br />

Equally important is the creation of a system aimed<br />

at protecting and promoting these rights once they<br />

are decided. it is not enough to simply say that the<br />

rights of each nation must be affirmed and respected<br />

in good faith: such language only serves to weaken<br />

the power of a resolution. Instead, seek to provide at<br />

least a general outline of the mechanisms by which<br />

the <strong>United</strong> <strong>Nations</strong> plans to hold states accountable.<br />

For instance, what policies must be in place to ensure<br />

that nations respect the sovereignty of others during<br />

the bidding process for mineral rights? How should<br />

the UN respond if a nation is being pressured to take<br />

an offer that is not necessarily in its best interest?<br />

Finally, under what circumstances does the<br />

mismanagement of mineral wealth override a<br />

country’s sovereignty to exploit its natural resources?<br />

For instance, what measures must be taken to ensure<br />

the well-being of the environment and the labor<br />

force, and, if those measures are not taken, to what<br />

extent can the UN intervene? Note that these are<br />

only some of the questions that can be addressed by<br />

a given resolution. The topic is so broad and so varied<br />

that every country will have a different vision as to<br />

what should be contained in a resolution.<br />

Questions to consider:<br />

• What is the role of the united <strong>Nations</strong> in<br />

mediating negotiations over mineral rights?<br />

• under what circumstances can a country nullify<br />

a contract made with a private company?<br />

• What are the rights and privileges of a country<br />

to exploit their mineral resources?<br />

• How can the <strong>United</strong> <strong>Nations</strong> encourage the<br />

respect of a nation’s sovereignty over their<br />

mineral resources?<br />

• What are the standards to which nations<br />

will be held regarding the development of<br />

their mineral resources (with respect to the<br />

environment, workers, etc…)?<br />

Key Actors and Positions<br />

The mining industry is worth over US$1 trillion<br />

worldwide, and as such has attracted the attention<br />

of many different groups. Some are looking to gain<br />

control over the dwindling supply of non-renewable<br />

mineral resources, which are important for producing<br />

energy, manufacturing, and a host of other important<br />

industries.<br />

The two most distinct groups involved in the<br />

mining sector are the large, private corporations and<br />

the states themselves. The former is composed of<br />

thousands of different companies and conglomerates,<br />

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China has emerged as the world’s largest consumer of coal.<br />

some involved in the mining of a single mineral, but<br />

most controlling diversified assets across several<br />

continents. The largest of the companies have<br />

already been briefly discussed in “History of the<br />

Problem,” but because of their size and influence it<br />

is important to mention them here once again. the<br />

Rio Tinto Group, Vale, and BHP Billiton are the three<br />

largest mining companies in the world by market cap,<br />

and together they control mines on six continents<br />

worth over US$300 billion. These companies<br />

seek out contracts that allow them to purchase<br />

the development rights of minerals worldwide.<br />

Oftentimes, they have more capital, experience, and<br />

infrastructure than many nations, and are therefore<br />

much more adept and capable of fully developing and<br />

exploiting a mine to its full potential. As the demand<br />

for resources continues to rise, these companies<br />

often find themselves bidding on the same mines,<br />

creating a decidedly competitive marketplace.<br />

Also prevalent in the mining sector are nations<br />

looking to collect the resources themselves. While<br />

the privates companies have no use for the minerals<br />

other than to sell them for a profit, developing and<br />

industrialized nations rely on these resources to<br />

fuel their growing economies. Coal and uranium in<br />

particular are important, as they provide energy that<br />

is crucial for industrial nations, as well as the rapidly<br />

growing economies of China, India, Russia, Brazil,<br />

and several others. China, as the largest producer<br />

and user of coal, has in recent years invested heavily<br />

in procuring coal and other mineral energy sources.<br />

the growing scarcity of the resource has pitted these<br />

countries against each other in a similar fashion to<br />

the different companies. Yet the competition is not<br />

limited just to coal. Tin, aluminum, copper, gold,<br />

diamonds, and almost every metal with some sort<br />

of industrial or commercial use are sought after by<br />

industrial nations.<br />

Conversely, there are mineral rich nations who<br />

are using the abundance of their natural resources<br />

as a means of industrialization. Several nations,<br />

such as South Africa, the Democratic Republic of<br />

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the Congo, Mongolia, and to some extent Australia,<br />

have economies that are heavily dependent on the<br />

export of minerals found within their borders. These<br />

countries are home to multiple international mining<br />

corporations and are the subject of intense scrutiny<br />

and influence from other nations seeking to purchase<br />

their resources for their own development. The<br />

influence of the various competing interest groups for<br />

control of their mineral wealth oftentimes threatens<br />

to overwhelm smaller governments, especially if<br />

the economy is completely dependent on foreign<br />

investment and the mining industry. South Africa is<br />

currently trying to reign in a mining sector that was<br />

given many freedoms during its colonial past while<br />

the DRC is having difficulty trying to do the same.<br />

Mongolia, on the other hand, is only in the early stages<br />

of developing its mineral wealth and thus is trying to<br />

avoid a “resource-curse” that has destabilized the<br />

governments of other natural resource-rich nations.<br />

Finally, there is the role of international bodies. The<br />

<strong>United</strong> <strong>Nations</strong> has adopted several resolutions over<br />

the autonomy and sovereignty of a nation to decide<br />

how best to use its mineral rights, detailed in the<br />

section “Past UN Actions.” However, these have been<br />

largely ineffectual at promoting a fair and balanced<br />

mineral marketplace. Another international agency<br />

often linked with the mining industry is the <strong>World</strong><br />

Bank. Through its International Finance Corporation<br />

and other lending branches, the Bank regularly funds<br />

mining development projects by providing money<br />

to states or insuring existing projects. This can often<br />

be instrumental in providing the necessary capital to<br />

begin a new project. However, critics have argued that<br />

the <strong>World</strong> Bank has funded various mining projects<br />

that have had negative effects on local populations<br />

and the environment in Africa, South America, and<br />

Asia. The Bank does have a series of guidelines on<br />

how mines and similar projects should be managed,<br />

but critics say that oftentimes these are too general<br />

to be effective and companies largely ignore them.<br />

Thus, there are several different actors that can be<br />

found globally in the mining industry, each performing<br />

a different function with their own goals. Such<br />

disparate groups, each working towards a different<br />

end, can create a complicated geopolitical landscape<br />

that itself is an impediment to solving many of the<br />

problems inherent in the global mining industry.<br />

Suggestions For Further Research<br />

First and foremost, try to find a history of mining<br />

within your country, if there is one. Look into what<br />

minerals were mined, when mining began, and how<br />

it developed alongside the government. If your<br />

country was a former colony, research how the<br />

government promoted the mining industry, and how<br />

the industry changed after the end of colonialism.<br />

There is undoubtedly a lot of history to be found for<br />

most countries, and it will be your job to distill that<br />

information into the most relevant and useful pieces<br />

that will guide your country’s goals in developing a<br />

new resolution.<br />

Specifically, look at your country in terms of<br />

the different roles laid out in the “Key Actors and<br />

Positions” section detailed above. If your country<br />

is particularly mineral rich, what are its policies<br />

regarding foreign investment? How has it dealt with<br />

international pressure from countries and private<br />

companies in the past, and what changes have been<br />

made to its policy framework? If your country is not<br />

particularly mineral rich, it is important to investigate<br />

its key mineral imports and their sources. In what<br />

resources is your country most interested, and for<br />

what are they used? Knowing the role of mining in<br />

your country’s economy is important for creating an<br />

effective resolution.<br />

Finally, research how mining might have affected<br />

other aspects of your country’s society, economy,<br />

and history. The effect of mining ventures on the<br />

environment, labor rights, civil unrest, international<br />

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elations, and poverty reduction are important<br />

characteristics to consider when drafting a resolution<br />

about mining rights. It is not simple to classify events<br />

as simply having been caused by mining, so look for<br />

the positive and negative consequences of mining in<br />

your country’s history. Knowing the potential effects<br />

of mining can help when creating standards to which<br />

countries must be held.<br />

Together, the UN and the <strong>World</strong> Bank have put<br />

together many different reports highlighting the role<br />

of mining in many developing countries, especially<br />

in Africa. While by no means comprehensive, these<br />

reports are effective at looking at the current<br />

position of mining as a product of history and other<br />

factors. They should be a good starting point for<br />

your research. If you are looking for raw data on<br />

what types of mineral resources are produced in your<br />

country, the <strong>United</strong> States Geological Survey puts out<br />

a yearly report that gives a detailed analysis of the<br />

top producers of almost every mineral resource in the<br />

world, including production statistics.<br />

If you have access to databases such as JSTOR,<br />

there are academic papers that can be very useful,<br />

especially when researching the history of mining<br />

in your country. Also useful are articles in a wide<br />

variety of newspapers and magazines that can be<br />

found free online, which often illustrate the situation<br />

with background information. For some countries,<br />

especially smaller nations that might not have as<br />

much of a history of mining, look for data on imports<br />

that might give an indication as to what resources<br />

are most important. data on imports and exports<br />

is useful in general for determining the markets on<br />

which mineral exporting nations are reliant and which<br />

countries are reliant on importing minerals.<br />

There is an absolutely massive amount of<br />

information to be found, and it can sometimes get<br />

confusing. If you have any further questions, do<br />

not hesitate to contact me through e-mail. i will do<br />

my best to clear up any confusion related to the<br />

issues, position papers, or anything else in general.<br />

If you are having trouble finding a source, I can try<br />

and offer suggestions or alternatives. Definitely read<br />

the study guide thoroughly as well, as there might<br />

be information pertinent to your specific country or<br />

a source that could serve you well in your research.<br />

Most of all: be creative. You never know what you<br />

might uncover, so do not be afraid to do a little<br />

mining.<br />

Position Papers<br />

The position papers will serve primarily to establish<br />

the general attitudes and viewpoints of your country<br />

towards the issues raised in this committee. they<br />

do not need to address all of the questions raised in<br />

the section “Questions a Resolution Must Answer.”<br />

Rather, the position papers should serve as an<br />

introduction to the policies and goals of your country.<br />

With respect to the first issue, the topic of migrant<br />

workers’ rights, the position paper should establish<br />

basic information such as whether your country is<br />

an importer or exporter of workers, and the steps<br />

already taken to protect migrant workers’ rights and<br />

any planned future actions. Make sure to give a brief<br />

history of your country and migrant labor, noting<br />

such things as a colonial past, which might clarify<br />

your position on labor rights for migrant workers.<br />

For the second issue surrounding mining rights,<br />

make sure to clarify your nation’s relationship with<br />

mining. For instance, does your nation control mineral<br />

deposits, and if so what kinds? Knowing the role of<br />

mining in the economy is important, as it speaks to the<br />

dependence of a country on the minerals it exports<br />

and the willingness of companies to do business<br />

there. If your country has nationalized any aspect of<br />

the mining industry, it should be noted here.<br />

The position papers are not meant to be a<br />

comprehensive overview, but as stated previously,<br />

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merely an introduction. They should be short and<br />

concise, but after reading them there should be no<br />

doubt as to where your country stands on either of<br />

the issues.<br />

Your position paper should be two pages doublespaced<br />

in total and include material from both topic<br />

areas. Please email these to the committee email<br />

account by March 1, 2013.<br />

Closing Remarks<br />

I am very excited to be chairing this committee,<br />

and I am sure that the conference will be spectacular.<br />

Make sure to read the study guide thoroughly,<br />

as it contains a lot of information pertinent to<br />

all delegations and will probably answer a lot of<br />

questions about the topics. It should serve as a<br />

complement to your own research. the issues are<br />

serious and I expect everyone will work hard to have<br />

a productive committee session.<br />

That being said, I hope you look at this conference,<br />

and in particular SPeCPOL, as a wonderful opportunity<br />

to meet new people and make new friends. My<br />

goal is to have a committee in which everyone feels<br />

comfortable participating and is unafraid to have<br />

their voice heard. Most of all, I want everyone to have<br />

fun. If you have any questions or concerns, feel free<br />

to contact me. In the meantime, I wish you all best<br />

of luck with your research, and I cannot wait to meet<br />

you all in March!<br />

Bibliographic Essay<br />

topic A<br />

Abdul-Ahad, Ghaith. ‘We need slaves to build<br />

monuments’. The Guardian. http://www.<br />

guardian.co.uk/world/2008/oct/08/middleeast.<br />

construction<br />

Baldwin-Edwards, Martin. Labour immigration and<br />

labour markets in the GCC countries: national<br />

patterns and trends. Global Governance, London<br />

School of economics, March 2011. http://www2.<br />

lse.ac.uk/government/research/resgroups/<br />

kuwait/documents/Baldwin-Edwards,%20<br />

Martin.pdf<br />

Bartsch, Matthias; Brandt, Andrea; Steinvorth, Daniel.<br />

A sorry history of self-deception and wasted<br />

opportunities. Spiegel Online International . http://<br />

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html<br />

Castles, Steven. The Guest-Worker in Western<br />

Europe - An Obituary. International Migration<br />

Review , Vol. 20, No. 4, Special Issue: Temporary<br />

Worker Programs: Mechanisms, Conditions,<br />

Consequences (Winter, 1986), pp. 761-778<br />

Castles, Steve. Migration as a factor in social<br />

transformation in east Asia. Asian Migration:<br />

Characterising an Emerging System, Princeton<br />

University, May 2000. http://www.theglobalsite.<br />

ac.uk/press/010castles.pdf<br />

Darlington, Shasta. Booming Brazil lures immigrant<br />

workers. CNN. http://articles.cnn.com/2011-<br />

12-21/americas/world_americas_brazil-luresimmigrants_1_illegal-immigrants-boomingbrazil-immigrant-workers?_s=PM:AMERICAS<br />

Dayton-Johnson, Jeff; Pfeiffer, Antje; Schuettler,<br />

Kirsten; Schwinn, Johanna. Migration and<br />

employment. Promoting Pro-Poor Growth:<br />

Employment, OeCd. http://www.oecd.org/dac/<br />

povertyreduction/43280513.pdf<br />

DeParle, Jason. Fearful of restive foreign labor,<br />

Dubai eyes reforms. The New York Times.<br />

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middleeast/06dubai.html?pagewanted=all<br />

Durand, Jorge. The Bracero Program (1942-1964) a<br />

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Eryιlmaz, Aytaç. 40 years in Germany – at home<br />

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the Migration from Turkey Cologne. http://www.<br />

domid.org/pdf/Artikel%20Aytac%20Eryilmaz%20<br />

TUSIAD%20Nr.%2011.pdf<br />

Foad, Hisham. The effects of the gulf war on migration<br />

and remittances. San Diego State University,<br />

department of economics. http://www-rohan.<br />

sdsu.edu/~hfoad/GulfMigration_v1.pdf<br />

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Hansen, Randall. Migration to Europe since 1945: its<br />

history and its lessons. The Political Quarterly,<br />

2003, pp. 25-38<br />

Hari, Johann. The dark side of Dubai. The Independent.<br />

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immigration to Australia during the 20 th Century<br />

– A timeline. Department of Immigration and<br />

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International labor migration: a rights based<br />

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english/protection/migrant/download/rights_<br />

based_es_en.pdf<br />

Kaiszewski, Andrezj. Arab versus Asian migrant<br />

workers in the GCC countries. <strong>United</strong> <strong>Nations</strong><br />

Expert Group Meeting on International Migration<br />

and Development in the Arab Region, May 2006.<br />

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Asia: migration policies, labour exploitation<br />

and regulation. Journal of the Asia Pacific<br />

Economy ,Vol. 15, Iss. 1, 2010.<br />

Kaur, Amarjit. On the move: international migration in<br />

southeast Asia since the 1980s. History Compass,<br />

Volume 5, Issue 2, March 2007, pp. 302-317.<br />

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Kιlιçlι, Ayça. Turkish migrants in Germany,<br />

prospects of integration. EU-Turkish Relations<br />

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Koser, Khalid. The impact of financial crises on<br />

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The <strong>World</strong> Bank, 2010. http://siteresources.<br />

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Labor migration in Asia. International Organization<br />

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Migration and the financial crisis: How will the<br />

economic downturn affect migrants?. Briefing No.<br />

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Globalisation, and Poverty. http://www.dfid.<br />

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Piper, Nicola. Migrant labor in Southeast Asia - country<br />

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National University of Singapore. http://www.<br />

fes.de/aktuell/focus_interkulturelles/focus_1/<br />

documents/8_000.pdf<br />

Ramos, Stephen J. The blueprint: a history of Dubai’s<br />

spatial development through oil discovery. The<br />

Dubai Initiative, Belfer Center for Science and<br />

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Ramos_-_Working_Paper_-_FINAL.pdf<br />

Skeldon, Ron. The future of labor migration in Asia:<br />

patterns, issues, policies. Mahidol University,<br />

September 1998. http://migration.ucdavis.edu/<br />

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Thiollet, Helene. Migration as Diplomacy: Labor<br />

Migrants, Refugees, and Arab Regional Politics<br />

in the Oil-Rich Countries. International Labor and<br />

Working Class History, 79, Spring 2011. http://<br />

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Tierney, Robert. Migrants and class in postwar<br />

Australia. Australian National University. http://<br />

www.anu.edu.au/polsci/marx/interventions/<br />

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UAE Labor Law. Human Rights Watch, November<br />

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ilo.org/public/english/protection/migrant/<br />

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download/imp/imp42.pdf<br />

Wickramasekera, Piyasiri. Asian labor migration:<br />

issues and challenges in the era of globalization.<br />

International Migration Papers, No. 57,<br />

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pdf<br />

topic B<br />

Ally, Russell. War and Gold-The Bank of England, the<br />

London Gold Market and South Africa’s Gold,<br />

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17, No. 2 (Jun., 1991), pp. 221-238.<br />

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Crooks, Nathan, and Pons, Corina Rodriguez. Chavez<br />

preparing government takeover of Venezuela’s<br />

gold mining industry. Bloomberg. http://www.<br />

bloomberg.com/news/2011-08-17/chavezpreparing-government-takeover-of-venezuelas-gold-mining-industry.html<br />

David, Grainger. The Great Mongolian Gold Rush.<br />

CNN Money. http://money.cnn.com/magazines/<br />

fortune/fortune_archive/2003/12/22/356094/<br />

index.htm<br />

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economist.com/node/21530110<br />

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angloamerican.com/about/history_timeline<br />

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Beers Created and Lost the Most Powerful<br />

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www.businessinsider.com/history-of-de-beers-<br />

2011-12?op=1<br />

Graziosi, Andrea. The Great Strikes of 1953 in<br />

Soviet Labor Camps in the Accounts of Their<br />

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soviétique , Vol. 33, No. 4 (Oct. - Dec., 1992), pp.<br />

419-445.<br />

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South Africa. Annals of the Association of<br />

American Geographers , Vol. 66, No. 1 (Mar.,<br />

1976), pp. 25-42.<br />

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indices/factSheet/G3.PDF<br />

in the Pits. The Economist. http://www.economist.<br />

com/node/21560903<br />

Jamasmie Cecilia. Rusoro asks <strong>World</strong> Bank to<br />

arbitrate dispute with Venezuela. Mining.com.<br />

http://www.mining.com/rusoro-mining-asksthe-world-bank-to-arbitrate-dispute-withvenezuela/<br />

Kraul, Chris. economists see painful cuts coming<br />

for Venezuela. Los Angeles Times. http://www.<br />

latimes.com/news/nationworld/world/la-fgvenezuela-economy-20130112,0,7119438.story<br />

Krikler, Jeremy. Women, Violence and the Rand Revolt<br />

of 1922. Journal of Southern African Studies , Vol.<br />

22, No. 3 (Sep., 1996), pp. 349-372.<br />

Mcnamara, William. Boom in Mongolia deflates<br />

after deal that started it is threatened. New<br />

York Times Dealbook. http://dealbook.nytimes.<br />

com/2012/12/10/boom-in-mongolia-deflatesafter-deal-that-started-it-is-threatened-2/<br />

Mine, all mine. The Economist. http://www.economist.<br />

com/node/21543113<br />

Minerals and Africa’s Development . Economic<br />

Commission for Africa. http://www.<br />

africaminingvision.org/amv_resources/AMV/<br />

ISG%20Report_eng.pdf<br />

Mozee, Carla. Venezuela considers nationalization<br />

of gold mines: reports. Market Watch: The Wall<br />

Street Journal. http://articles.marketwatch.<br />

com/2010-04-26/industries/30812541_1_goldreserve-gold-production-nationalization<br />

Narangoa, Li. Mongolia and Preventive Diplomacy:<br />

Haunted by History and Becoming Cosmopolitan.<br />

Asian Survey , Vol. 49, No. 2 (March/April 2009),<br />

pp. 358-379<br />

Petterson, Donald R.. The Witwatersrand a Unique<br />

Gold Mining Community. Economic Geography ,<br />

Vol. 27, No. 3 (Jul., 1951), pp. 209-221<br />

Phimister, i. R.. Rhodes, Rhodesia and the Rand.<br />

Journal of Southern African Studies , Vol. 1, No. 1<br />

(Oct., 1974), pp. 74-90<br />

Shrivastva, Rina. Mining of Copper in Ancient India.<br />

Indian Journal of the History of Science, Vol. 34,<br />

No. 3 (1999), pp. 173-180<br />

Starr, Kevin. The Gold Rush and the California Dream.<br />

California History , Vol. 77, No. 1, National Gold<br />

Rush Symposium (Spring, 1998), pp. 56-67<br />

Wacaster, Susan. Mongolia. 2011 Minerals Yearbook,<br />

<strong>United</strong> States Geological Survey. http://minerals.<br />

usgs.gov/minerals/pubs/country/2011/myb3-<br />

2011-mg.pdf<br />

York, Jeffrey. Anvil Acquisition helps Minmetals<br />

turn the corner in the Congo. The Globe and<br />

Mail. http://www.theglobeandmail.com/<br />

report-on-business/international-business/<br />

african-and-mideast-business/anvil-acquisitionhelps-minmetals-turn-the-corner-in-congo/<br />

article4217145/<br />

Appendix<br />

1980 Labor Law<br />

http://www.deg.gov.ae/SiteCollectionImages/<br />

Content/pubdocs/UAE_Labour_Law_eng.pdf<br />

International Convention on the Protection of the<br />

Rights of All Migrant Workers and Members of Their<br />

Families<br />

http://www2.ohchr.org/english/law/cmw.htm<br />

Endnotes<br />

1 Dayton-Johnson, Jeff; Pfeiffer, Antje; Schuettler,<br />

Kirsten; Schwinn, Johanna. “Migration and<br />

employment,” Promoting Pro-Poor Growth:<br />

Employment, OeCd, http://www.oecd.org/dac/<br />

povertyreduction/43280513.pdf, pp. 167<br />

2 “International labor migration: a rights based<br />

approach executive summary,” International Labor<br />

Organization, http://www.ilo.org/public/english/<br />

protection/migrant/download/rights_based_es_<br />

en.pdf<br />

3 Hansen, Randall. “Migration to Europe since 1945: its<br />

history and its lessons,” The Political Quarterly, 2003,<br />

pp. 25<br />

4 Ibid., pp. 28<br />

5 Castles, Steven. “The Guest-Worker in Western<br />

Europe - An Obituary,” International Migration<br />

Review , Vol. 20, (Winter, 1986), pp. 763<br />

6 “immigration to Australia during the 20 th Century – A<br />

timeline,” Department of Immigration and Citizenship,<br />

http://www.immi.gov.au/media/publications/<br />

statistics/federation/timeline1.pdf<br />

7 Tierney, Robert. “Migrants and class in postwar<br />

47<br />

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8<br />

Australia,” Australian National University, http://<br />

www.anu.edu.au/polsci/marx/interventions/<br />

migrants.htm<br />

Durand, Jorge. “The Bracero Program (1942-1964) a<br />

critical appraisal,” Migración y Desarrollo (9), pp. 34<br />

9 Ibid.<br />

10 Ibid., pp. 36<br />

11 Ibid., pp. 37<br />

12 Koser, Khalid. “The impact of financial crises on<br />

international migration: lessons learned,” Research<br />

Series, International Organization for Migration,<br />

http://publications.iom.int/bookstore/free/MRS37_<br />

en.pdf, pp. 8<br />

13 “Migration and the financial crisis: How will the<br />

economic downturn affect migrants?,” Briefing No.<br />

17, Development Research Centre on Migration,<br />

Globalisation, and Poverty, http://www.dfid.gov.uk/<br />

r4d/PDF/Outputs/MigrationGlobPov/BP17.pdf, pp. 8<br />

14 “The Guest-Worker in Western Europe - An Obituary,” pp.<br />

774<br />

15 Migration to Europe since 1945: its history and its<br />

lessons,” pp. 25<br />

16 “The Guest-Worker in Western Europe - An Obituary,” pp.<br />

763-767<br />

17 Ibid., pp. 765<br />

18 Werner, Heinz. “From guests to permanent visitors?”<br />

Magnet Societies: Immigration in postwar Germany<br />

and the <strong>United</strong> States, http://www.ilo.org/public/<br />

english/protection/migrant/download/imp/imp42.<br />

pdf, pp. 11<br />

19 “The impact of financial crises on international<br />

migration: lessons learned,” pp. 12<br />

20 Ibid.<br />

21 Baldwin-Edwards, Martin. “Labour immigration<br />

22<br />

and labour markets in the GCC countries: national<br />

patterns and trends,” Global Governance, London<br />

School of economics, March 2011, http://www2.<br />

lse.ac.uk/government/research/resgroups/kuwait/<br />

documents/Baldwin-Edwards,%20Martin.pdf, pp. 36<br />

“Labour immigration and labour markets in the GCC<br />

countries: national patterns and trends,” pp. 37<br />

23 Thiollet, Helene. “Migration as Diplomacy: Labor<br />

Migrants, Refugees, and Arab Regional Politics in the<br />

Oil-Rich Countries,” International Labor and Working<br />

Class History, 79, Spring 2011, http://oxpo.politics.<br />

ox.ac.uk/publications/working_papers/wp_10-11/<br />

OXPO_10_11c_Thiollet.pdf, pp. 6<br />

24 “Labour immigration and labour markets in the GCC<br />

countries: national patterns and trends,” pp. 37<br />

25 “Migration as Diplomacy: Labor Migrants, Refugees,<br />

and Arab Regional Politics in the Oil-Rich Countries,”<br />

pp. 7<br />

26 Kaur, Amarjit. “On the move: international migration<br />

in southeast Asia since the 1980s,” History Compass,<br />

March 2007, http://onlinelibrary.wiley.com/<br />

27<br />

doi/10.1111/j.1478-0542.2007.00393.x/full, pp. 303<br />

Skeldon, Ron. “The future of labor migration in<br />

Asia: patterns, issues, policies,” Mahidol University,<br />

September 1998, http://migration.ucdavis.edu/rs/<br />

28<br />

more.php?id=58_0_3_0<br />

Piper, Nicola. “Migrant labor in Southeast Asia -<br />

country study: Singapore,”Asia Research Institute,<br />

National University of Singapore, http://www.<br />

29<br />

fes.de/aktuell/focus_interkulturelles/focus_1/<br />

documents/8_000.pdf, pp. 5<br />

Eryιlmaz, Aytaç. “40 years in Germany – at home<br />

abroad,” Documentation Centre and Museum of the<br />

Migration from Turkey Cologne, http://www.domid.<br />

org/pdf/Artikel%20Aytac%20Eryilmaz%20TUSIAD%20<br />

Nr.%2011.pdf<br />

30 Ibid.<br />

31 Kιlιçlι, Ayça. “Turkish migrants in Germany,<br />

prospects of integration,”EU-Turkish Relations<br />

Dossier, http://www.iuee.eu/pdf-dossier/12/<br />

rXNHUsicpVwS6Cd7AQHA.PDF<br />

32 Bartsch, Matthias; Brandt, Andrea; Steinvorth,<br />

33<br />

daniel. “A sorry history of self-deception and wasted<br />

opportunities,” Spiegel Online International, http://<br />

www.spiegel.de/international/germany/turkishimmigration-to-germany-a-sorry-history-of-selfdeception-and-wasted-opportunities-a-716067.html<br />

Ibid.<br />

34 Ibid.<br />

35 “Migration as Diplomacy: Labor Migrants, Refugees, and<br />

Arab Regional Politics in the Oil-Rich Countries,” pp. 8<br />

36 Foad, Hisham. “The effects of the gulf war on<br />

migration and remittances,” San Diego State<br />

University, http://www-rohan.sdsu.edu/~hfoad/<br />

37<br />

GulfMigration_v1.pdf, pp. 2<br />

Ibid., pp. 10<br />

38 “Migration as Diplomacy: Labor Migrants, Refugees, and<br />

Arab Regional Politics in the Oil-Rich Countries,” pp. 13<br />

39 Kaiszewski, Andrezj. “Arab versus Asian migrant<br />

workers in the GCC countries,” <strong>United</strong> <strong>Nations</strong><br />

expert Group Meeting on international Migration<br />

and Development in the Arab Region, May 2006,<br />

http://www.un.org/esa/population/meetings/EGM_<br />

Ittmig_Arab/P02_Kapiszewski.pdf, pp. 13<br />

40 Wickramasekera, Piyasiri. “Asian labor migration:<br />

issues and challenges in the era of globalization,”<br />

International Migration Papers, No. 57, International Labor<br />

Organization, http://oit.org/public/english/protection/<br />

migrant/download/imp/imp57e.pdf, pp. 14<br />

41 “The future of labor migration in Asia: patterns,<br />

48<br />

Melbourne Host Directorate PTY LTD | Office of Media and Design


42<br />

issues, policies”<br />

Ibid.<br />

43 “Asian labor migration: issues and challenges in the<br />

era of globalization,” pp. 27<br />

44 Ibid.<br />

45 Castles, Steven. “Migration as a factor in social<br />

46<br />

transformation in east Asia,” Asian Migration: Characterising<br />

an Emerging System, Princeton University, May 2000, http://<br />

www.theglobalsite.ac.uk/press/010castles.pdf, pp. 5<br />

Kaur, Amarjit. “Labour migration in Southeast<br />

Asia: migration policies, labour exploitation and<br />

regulation,” Journal of the Asia Pacific Economy 2010,<br />

pp. 10<br />

47 “Ibid.<br />

48 “Labor migration in Asia,” International Organization<br />

for Migration, 2005,<br />

http://www.iom.int/jahia/webdav/site/myjahiasite/shared/<br />

shared/mainsite/published_docs/books/labour_<br />

migration_asia.pdf, pp. 20<br />

49 Ibid.<br />

50 “Labour immigration and labour markets in the GCC<br />

countries: national patterns and trends,” pp. 25<br />

51 Ramos, Stephen J. “The blueprint: a history of Dubai’s<br />

spatial development through oil discovery,”<br />

The Dubai Initiative, Belfer Center for Science and international<br />

Affairs, Harvard Kennedy School, http://www.ciltuae.<br />

org/downloads/news/Ramos_-_Working_Paper_-_<br />

FINAL.pdf, pp. 12<br />

52 Ibid.<br />

53 “Labour immigration and labour markets in the GCC<br />

countries: national patterns and trends,” pp. 25<br />

54 DeParle, Jason. “Fearful of restive foreign labor, Dubai<br />

eyes reforms,” The New York Times, http://www.<br />

nytimes.com/2007/08/06/world/middleeast/06dubai.<br />

html?pagewanted=all<br />

55 “UAE Labor Law,” The Human Rights Watch,<br />

November 2006, http://www.hrw.org/reports/2006/<br />

uae1106/6.htm<br />

56 “Ibid.<br />

57 Abdul-Ahad, Ghaith. “‘We need slaves to build<br />

monuments,’” The Guardian, http://www.guardian.<br />

co.uk/world/2008/oct/08/middleeast.construction<br />

58 Hari, Johann. “The dark side of Dubai,” The<br />

Independent, http://www.independent.co.uk/<br />

59<br />

voices/commentators/johann-hari/the-dark-side-ofdubai-1664368.html<br />

‘We need slaves to build monuments’<br />

60 “Fearful of restive foreign labor, Dubai eyes reforms”<br />

61 Ibid.<br />

62 Ibid.<br />

63 “UAE Labor Law”<br />

64 “<strong>United</strong> Arab Emirates – Country Summary,” Human<br />

Rights Watch, January 2012, http://www.hrw.org/<br />

world-report-2012/world-report-2012-united-arabemirates<br />

65 “<strong>World</strong> Migration Report 2010,” International<br />

Organization for Migration, http://publications.iom.<br />

int/bookstore/free/WMR_2010_ENGLISH.pdf,<br />

154-157<br />

pp.<br />

66 Darlington, Shasta. “Booming Brazil lures immigrant<br />

workers,” CNN, http://articles.cnn.com/2011-12-21/<br />

67<br />

americas/world_americas_brazil-lures-immigrants_1_<br />

illegal-immigrants-booming-brazil-immigrant-workers?_<br />

s=PM:AMERICAS<br />

“Labor migration from North Africa: main report,”<br />

The <strong>World</strong> Bank, 2010<br />

http://siteresources.worldbank.org/INTMENA/Resources/<br />

MiGRAtiONRePORt.pdf, pp. 4<br />

68 Bromehead, C. E. N. “The Evidence for Ancient Mining,”The<br />

Geographical Journal, August 1940, pp. 111<br />

69 Shrivastva, Rina. “Mining of Copper in Ancient India,”<br />

Indian Journal of the History of Science, 1999, pp. 175<br />

70 “Minerals and Africa’s Development,” Economic<br />

71<br />

Commission for Africa, http://www.africaminingvision.org/<br />

amv_resources/AMV/ISG%20Report_eng.pdf, pp. 12<br />

Ibid.<br />

72 Starr, Kevin. “The Gold Rush and the California Dream,”<br />

California History , National Gold Rush Symposium (Spring,<br />

1998), pp. 57<br />

73 Brading, D.A, and Cross, Harry E. “Colonial Silver Mining:<br />

Mexico and Peru,” The Hispanic American Historical Review,<br />

November 1972, pp. 546<br />

74 “Minerals and Africa’s Development,” pp. 13<br />

75 Ibid., pp. 14<br />

76 Ibid., pp. 15<br />

77 Ibid., pp. 16<br />

78 Graziosi, Andrea. “The Great Strikes of 1953 in Soviet Labor<br />

Camps in the Accounts of Their Participants a Review,”<br />

Cahiers du Monde russe et soviétique , Oct. - Dec., 1992, pp.<br />

421<br />

79 Baark, Erik. Review of “The Chinese Coal Industry: An<br />

Economic<br />

org/487<br />

History,” http://chinaperspectives.revues.<br />

80 “Minerals and Africa’s Development,” pp. 13<br />

81 Ibid.<br />

82 “History,” Rio Tinto Group, http://www.riotinto.com/<br />

83<br />

aboutus/history.asp<br />

“Brazil’s Super Miner: Vale,” Engineering and Mining<br />

Journal, January/February 2011, pp. 64<br />

84 “Billiton Chronology,” BHP Billiton, http://www.bhpbilliton.<br />

com/home/aboutus/ourcompany/Documents/2012/<br />

Billiton%20Chronology_May%202012.pdf<br />

85 “Discover Our History,” Anglo American plc, http://www.<br />

angloamerican.com/about/history_timeline<br />

49<br />

Melbourne Host Directorate PTY LTD | Office of Media and Design


86 Cabral, Luís. “De Beers and Beyond: The History of the<br />

international diamond Cartel,” New York University School<br />

of Business, http://pages.stern.nyu.edu/~lcabral/teaching/<br />

debeers3.pdf, pp. 3<br />

87 Ibid., pp. 5<br />

88 Goldschein, Eric. “The Incredible Story of How De Beers<br />

Created and Lost the Most Powerful Monopoly Ever,”<br />

Business Insider, 2011, http://www.businessinsider.com/<br />

history-of-de-beers-2011-12?op=1<br />

89 ”Rio Tinto: Closer Inspection of a Reckless Mining Giant,”<br />

Corporate<br />

node/137<br />

Watch, http://corporate-rule.co.uk/drupal/<br />

90 “History”<br />

91 “HSBC Global Mining Index,” HSBC, https://www.research.<br />

hsbc.com/ibcom/ui/save/public/indices/factSheet/G3.PDF<br />

92 Guelke, Leonard. “Frontier Settlement in Early Dutch South<br />

Africa,”Annals of the Association of American Geographers,<br />

March 1976, pp. 27<br />

93 Petterson, Donald R. “The Witwatersrand a Unique Gold<br />

Mining Community,” Economic Geography , July 1951, pp.<br />

221<br />

94 Ibid. pp. 211<br />

95 Ally, Russell. “War and Gold-The Bank of England, the<br />

London Gold Market and South Africa’s Gold, 1914-<br />

19,” Journal of Southern African Studies , June 1991,<br />

pp. 222<br />

96 Christopher, A.J. “Patterns of British Overseas Investment<br />

in Land, 1885-1913,” Transactions of the Institute of British<br />

Geographers , 1985, pp. 463<br />

97 Phimister, I. R. “Rhodes, Rhodesia and the Rand,” Journal<br />

of Southern African Studies , Oct., 1974, pp. 83<br />

98 Krikler, Jeremy. “Women, Violence and the Rand Revolt of<br />

1922,” Journal of Southern African Studies, September 1996,<br />

pp. 349<br />

99 “Patterns of British Overseas Investment in Land, 1885-<br />

1913,” pp. 462<br />

100 “Rhodes, Rhodesia and the Rand” pp. 84<br />

101 “Women, Violence, and the Rand Revolt of 1922” pp. 349<br />

102 “Discover our History”<br />

103 “in the Pits,” The Economist, http://www.economist.com/<br />

node/21560903<br />

104 Ibid.<br />

105 Mozee, Carla. “Venezuela considers nationalization of<br />

gold mines: reports,” Market Watch: The Wall Street<br />

Journal, http://articles.marketwatch.com/2010-04-26/<br />

106<br />

industries/30812541_1_gold-reserve-gold-productionnationalization<br />

Crooks, Nathan, and Pons, Corina Rodriguez. “Chavez<br />

preparing government takeover of Venezuela’s gold<br />

mining industry,” Bloomberg, http://www.bloomberg.com/<br />

news/2011-08-17/chavez-preparing-government-takeoverof-venezuela-s-gold-mining-industry.html<br />

107 “Venezuela considers nationalization of gold mines:<br />

reports”<br />

108 Jamasmie Cecilia. “Rusoro asks <strong>World</strong> Bank to arbitrate<br />

dispute with Venezuela,” Mining.com, http://www.mining.<br />

com/rusoro-mining-asks-the-world-bank-to-arbitratedispute-with-venezuela/<br />

109 Kraul, Chris. “Economists see painful cuts coming for<br />

Venezuela,” Los Angeles Times, http://www.latimes.<br />

110<br />

com/news/nationworld/world/la-fg-venezuelaeconomy-20130112,0,7119438.story<br />

Narangoa, Li. “Mongolia and Preventive Diplomacy:<br />

Haunted by History and Becoming Cosmopolitan,”<br />

Asian Survey, March/April 2009, pp. 361<br />

111 Ibid., pp. 362<br />

112 Ibid., pp. 363<br />

113 Ibid., pp. 364<br />

114 Wacaster, Susan. “Mongolia,” 2011 Minerals Yearbook,<br />

<strong>United</strong> States Geological Survey, http://minerals.usgs.gov/<br />

minerals/pubs/country/2011/myb3-2011-mg.pdf, pp. 18.1<br />

115 David, Grainger. “The Great Mongolian Gold Rush,”<br />

CNN Money, http://money.cnn.com/magazines/fortune/<br />

116<br />

fortune_archive/2003/12/22/356094/index.htm<br />

Beeche, Hannah. “Hesitant Steppes,” Time, http://www.<br />

time.com/time/magazine/article/0,9171,2121648-1,00.html<br />

117 “Mongolia” pp. 18.1<br />

118 Mcnamara, William. “Boom in Mongolia deflates after<br />

deal that started it is threatened,” New York Times<br />

Dealbook, http://dealbook.nytimes.com/2012/12/10/<br />

119<br />

boom-in-mongolia-deflates-after-deal-that-started-it-isthreatened-2/<br />

“Mine, all mine,” The Economist, http://www.economist.<br />

com/node/21543113<br />

120 Brooke, James. “Mining brings the Gobi Desert to life,”<br />

The New York Times, http://www.nytimes.com/2004/10/14/<br />

business/worldbusiness/14iht-tugrik.html?_r=1&<br />

121 “Hesitant Steppes”<br />

122 “Boom in Mongolia deflates after deal that started it is<br />

threatened”<br />

123 “Digging for Victory,” The Economist, http://www.<br />

124<br />

economist.com/node/21530110<br />

York, Jeffrey. “Anvil Acquisition helps Minmetals turn<br />

the corner in the Congo,” The Globe and Mail, http://<br />

www.theglobeandmail.com/report-on-business/<br />

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50<br />

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