Are East Madol in Breach of its obligations as host nation? East Madol is a developing nation which achieved independence from its colonial power in 1982. It is a member of the United Nations and is a party to the Hague and Geneva Conventions together with other major laws governing armed conflict. The nation of East Madol is a signatory to all human rights treaties along with all major conventions and declarations governing the environment, world heritage and the protection of cultural heritage. The government of East Madol ratified and implemented the Rome Statute on 17 July 2006.

In the nation of East Madol, 97% of land is under customary ownership. The remaining 3% of land is classified as alienated and is divided between state leasehold and private freehold land. Customary land tenure is not uniform but differs significantly across the mainland of East Madol, a Pacific island country with over 100 different Indigenous languages along with numerous clans each with their distinct cultural traditions pertaining to occupancy, use and inheritance of land. The nation is rich in biodiversity and natural resources, especially tropical forests. Several cultural sites of universal significance are located in East Madol. The western portion of the island belongs to the nation of West Madol. West Madol is a global leader in offshore-diamond mining with excellent port and shipping facilities. West Madol is rich in sea minerals but highly dependent on foreign direct investment.

The emphasis on making customary land available for private enterprise is a priority for the government of East Madol. Special Business Leases (SBLs) represent one of several legal mechanisms introduced by the national Parliament to allow customary land owners to lease their land for a period of 99 years to foreign investors. This rapid alienation of large tracks of customary land however has led to claims of a huge government sanctioned 'land grab' and widespread accusations of human rights violations by multinational logging companies operating in East Madol.

Despite violent protests over logging and government sanctioned land theft in East Madol, in January 2022, the East Madol Foreign Minister, Dr Jan Vilhelmina, welcomed Northwind Timber Ltd, a multinational company with headquarters in America. A Human Rights Watch Report published in March 2022 documented a series of human rights violations committed by the Northwind Timber authorities in East Madol. The most serious of these involved the dumping of thousands of tons of soil and debris into traditional fishing waters and the illegal clearing of hundreds of hectares of tropical forest, including the disturbance of ancient burial sites.

In early April 2022, Human Rights Watch further documented that Northwind Timber had deliberately dynamited several caves in the vicinity of Raa Bay resulting in the loss of ancient rock art. The debris from Raa Mountain was used to fill in the waters of Raa Bay in order to extend the harbour frontage along with building 2 new shipping terminals fitted with all modern communication and satellite navigation systems. All activities and construction undertaken by Northwind were approved by the government of East Madol.

However, despite being a world leading project in port design in terms of new technology and automation it was not enthusiastically received by everyone in East Madol. Since time immemorial Raa Bay has been associated with the spirits of sea and the underworld. Local legends, for instance, tell of spirits at sun-down leaving the waters of the bay and walking among the ancient ruins and forests during the night. In fact, no locals ever visit Raa Bay and the surrounding ruins and forests after night.

In an interview to the international press in late May 2022 to celebrate the construction of the port, the Director of Northwind Timber stated that the 'company's only alternative course of action to building the new port and roads would have been to relocate their entire multi-billion dollar enterprise to West Madol'. The Director also reminded the press that Northwind Timber fully paid for the construction of the new mega port and superhighway plus it would be gifting the new multi-million dollar infrastructure to the people of East Madol. The Director further explained that these facilities would benefit the people of East Madol long after the company was gone and that these modern facilities were higher in quality and operational technology than the seaports and shipping facilities of West Madol. It was a win-win for the company and the government of East Madol.

In June 2022, the UN High Commissioner for Human Rights urged the government of East Madol to take firm action to combat corruption and build good governance, particularly in holding companies accountable for the human rights impacts of their activities. The UN High Commissioner expressed concern that many multinational corporations had been granted licenses to engage in logging and mining without the free, prior and informed consent of the Indigenous customary land owners living on the affected land and that many of the issued Special Business Leases excluded Indigenous participation in decision making concerning their traditional lands. The UN High commissioner also urged the government of East Madol to take positive action to protect the nation's sites of cultural significance and to pay due regard to UNESCO.

The forcible removal of communities from their traditional lands by Northwind Timber aided and abetted by state officials have sparked serious inter-tribal warfare between pro and anti- supporters of logging as well as igniting violent protests against the government of General Rufino. Additionally, many land owning clans in the highlands are especially concerned over the increasing rates of deforestation from the extensive logging activities of foreign businesses along with the disturbance of sacred burial sites, including those located in the UNESCO-listed Ha Valley. The destruction of the Bay of Raa, although not a world heritage site, also contributed to many clans demanding that the government adhere to international law.

In July 2022 several tribes formed the East Madol Revolutionary Front (EMRF). The EMRF consist primarily of a group of displaced highland tribes who wish to see change in East Madol. West Madol, a neighbouring country, has sent funds to assist the Revolutionary Front to buy weapons and hire foreign mercenaries to assist with overthrowing the government of General Rufino.

For this reason, General Rufino introduced compulsory military training for male and female youths along with lowering the recruitment age to 14 years for soldiers serving on the front line. Furthermore, the State of East Madol purchased several new predator drones and a large shipment of guns, mines and cluster munition. In October 2022, the General used his new drones to shell Nan Manda, a UNESCO listed heritage site. The ancient citadel is located in very remote jungle on the border of East and West Madol. No civilians or combatants were killed in the drone attack. The ancient stone citadel is a place of cultural significance to many of the tribes aligned with the East Madol Revolutionary Front, including the people of West Madol. In Security Council Resolution S/RES/XXXX (2022), below, the UN Security Council condemned the attack.