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8/3/2019 UNHRC Study Guide
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NOTTINGHAM INTERNATIONAL MODEL UNITED NATIONS CONFERENCE 2011
STUDY GUIDE
UNITED NATIONS HUMAN
RIGHTS COUNCIL (UNHRC)
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CONTENTS
Committee Personnel & Contact
Agenda Item 1:
The creation of a coherent framework for human rights and environmental issues
Introduction Background Key Issues
Agenda Item 2:
Human rights and the removal and resettlement of individuals
Introduction Background Key Issues
Bibliography
COMMITTEE PERSONNEL & CONTACT
Committee President: Maral Shafafy
Head Chair: Bhaktimayar Nair
Vice Chairs: Okyanus Akin and Ilkiz Orhon
Committee Contact: [email protected]
ABBREVIATIONS
DRC Democratic Republic of Congo
ECHR European Convention of Human Rights
ECOSOC Economic and Social Council
EU European Union
UN United Nations
UNEP United Nations Environment Programme
mailto:[email protected]:[email protected]:[email protected]8/3/2019 UNHRC Study Guide
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AGENDA ITEM 1:
The creation of a coherent framework for human rights and environmental issues
man has a fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well-beingPrinciple 1 of the Stockholm Declaration 1972
INTRODUCTION
A significant element of human rights is the empowerment of individuals and the creation of
minimum standards that all human beings should be given during their life. Whilst these are
certainly two key elements it is important to review the context in which these rights exist.
The exercise and maintenance of human rights are affected by not only individuals
themselves in the way they interact with others but also under legal systems, employment
and even the environment. This is not an exhaustive list however it is important to
emphasise that all of these areas are interrelated.
The issue of the environment and primarily climate change has dominated politics over the
last twenty years or so. It is arguable that the Chernobyl disaster in 1986 resulted in a more
forthright move to international regulation and monitoring of the environment. However it
was not until 1995 and the creation of the Berlin Mandate, that the international
community began discussing environmental issues extensively.1
Indeed, this Mandate led to
the Kyoto Protocol in 1997 and the continued emphasis on environmental issues
subsequently. The implication of the environment on human rights then came to the fore of
the agendas of the then United Nations Commission for Human Rights and UNEP when they
joined together to discuss this issue between 2001 and 2002.
2
BACKGROUND
Slow beginnings (1940s-1980s): in 1949, the UN Scientific Conference on the conservation
and utilisation of resources was the first UN body to address the depletion of those
resources and their use. The focus, however, was mainly on how to manage them for
economic and social development, and not from a conservation perspective. It was not until
1968 that environmental issues received serious attention by any major UN organs. ECOSOC
was the first to include those issues in its agenda as a specific item and decided to hold the
first United Nations Conference on the Human Environment.3
In 1972, the United Nations Conference on the Human Environment was convened in
Stockholm. It delivered a simple, yet profound message, that the maintenance of the
environment was critical to the enjoyment of basic human rights. It emphasised that even
1http://unfccc.int/resource/docs/tp/tp0200.pdf
2http://www2.ohchr.org/english/issues/environment/environ/index.htm
3http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll
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the right to life itself hinged on the maintenance of the environment.4
However whilst this
conference presented a step towards recognising the impact of the environment on human
rights some have argued it was more about the environment itself.5
Evidence to support this
argument can be seen by the actions of the then European Community after the
conference. In 1973, the first Environmental Action Program was created by the European
Community and it has continued to discuss environmental issues.6
Over the next 20 years, as part of efforts to implement the 1972 decisions, concern for the
atmosphere and global climate slowly gained international attention and action. In 1979,
the UNEP Governing Council asked its Executive Director, under the Earth Watch
programme, to monitor and evaluate the long-range transport of air pollutants.7
However
progress was slow and it was not until 1987 that real impetus was given to environmental
issues in the global agenda as the UN General Assembly adopted the Environmental
Perspective to the Year 2000 and Beyond.8
This again was another statement of aims and
objectives for the environment but there was still a limited view as to the impact of the
environment on human rights.
Paving the way to a new century (1990s): the principles highlighted in Stockholm appear to
have been taken on board by countries but then forgotten about. This was certainly true
until the early 1990s when the UN General Assembly passed Resolution 45/94. This
Resolution called for a more concerted effort to create a better and healthier environment.9
This was then taken forward, in procedural terms at any rate, into the discussions at the
Conference on Environment and Development in Rio de Janiero in 1992 and Principle 10 of
the Rio Declaration is the first clear evidence of a link being made between human rights
and the environment.10
It is important to emphasise that between 1991 and 1998 there were eleven separate
international conventions or conferences relating to the environment all with a differing
emphasis on human rights. These instruments are:
Protocol on Environmental Protection on the Conservation of Antarctic Fauna andFlora
Framework Convention on Climate Change Protocol to amend the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage
4http://www2.ohchr.org/english/issues/environment/environ/index.htm
5Bjrn-Ola Linnr and Henrik Selin, The Thirty Year Quest for Sustainability: The Legacy of the 1972 UN
Conference on the Human Environment, Paper presented at Annual Convention of International Studies
Association, Portland, Oregon, USA , 25 February 1 March 2003, p. 36http://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environment
7http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll
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_articleContainerList=1_0&ctnlistpagination_articleContainerList=true9http://www2.ohchr.org/english/issues/environment/environ/bp1.htm
10http://www2.ohchr.org/english/issues/environment/environ/bp1.htm
http://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www2.ohchr.org/english/issues/environment/environ/bp1.htmhttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://www2.ohchr.org/english/issues/environment/environ/index.htm8/3/2019 UNHRC Study Guide
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Protocol to amend the International Convention on Civil Liability for Oil PollutionDamage
Convention on Biological Diversity International Convention to Combat Desertification in those Countries Experiencing
Serious Drought and/or Desertification, particularly in Africa
Joint Convention on the Safety of Spent Fuel Management and on the Safety ofRadioactive Waste Management
International Convention on Liability and Compensation for Damage in Connectionwith the Carriage of Hazardous and Noxious Substances by Sea
Convention on the Law of the Non-navigational Uses of International Watercourses Joint Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage
and the Paris Convention on Third Party Liability in the Field of Nuclear Energy
Rotterdam Convention on the Prior Informed Consent Procedure for CertainHazardous Chemicals and Pesticides in International Trade
However these international instruments, whilst covering a wide range of topics, do not
truly appear to focus on the principles of Stockholm.
The impact of the environment on human rights can be seen
by the growth of litigation around the right to privacy and
family life during the 1990s. This was no more prevalent than
in Europe, where the ECHR has been successfully invoked to
combat environmental impact. One such case was Arrondelle
v. United Kingdom in which the claimant argued that the noise
from a nearby airport and motorway breached their right to
privacy. This case was eventually settled with a payment being
made to the claimant of over 7,000.11
However the primary
case in this area, which highlights the power of human rights
to protect the environment is Lopez-Ostra v. Spain and this is
for the primary reason that the claimant was not required to
exhaust all administrative remedies under national law to
bring their legal claim but only needed to do this in respect of the human rights element.12
Creating the better environment imagined in 1972 (2000s): in 2007, the United Kingdom
led the way in bringing the issues of the environment and security to the fore during its
presidency of the UN Security Council. This was the first recognition, at the top level of theUN, that environmental issues transcend mere talk of climate change but could affect the
vary make up and fabric of the international community.13
This presents a problem for
human rights and their maintenance as if the fabric of the international community breaks
up, these rights may fall away and become an afterthought.
11http://www2.ohchr.org/english/issues/environment/environ/bp2.htm
12http://www2.ohchr.org/english/issues/environment/environ/bp2.htm
13http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4825?ctnscroll
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In July 2011, the Secretary-General of the UN, Ban-Ki Moon stated in a speech to the fourth
meeting of the Parties of the Aarhus Convention that its focus on human rights and enabling
individuals to impact on their governments was important for ecological protection.14
However the Aarhus Convention merely facilitates a dialogue between people and their
governments and does not necessarily prompt governments to consider human rights
alongside environmental policies.
KEY ISSUES
It is necessary, as a preamble to these key issues to stress that the environment is not
merely climate change and global warming but rather a mixture of both natural and man-
made ones that often collide. The issues highlighted below are not exhaustive however they
should be considered, along with others in the context of the natural environment.
Working environment
Often the industries that people work in have an impact not only on their health but alsothe surrounding environment. This can certainly be seen in the aftermath of the Chernobyl
disaster in 1986. Significant areas of land and plants were destroyed by radiation and
livestock suffered either through the increase in the size of their thyroids leading to death or
the stunting of their growth. Beyond this the effects of Chernobyl are still being felt across
Europe, despite the passage of some twenty-five years. For example, of the over 440,000
wild boar killed in Germany in 2010 over 1,000 were found to have significantly high levels
of radiation within them above and beyond the limits for radiation put in place after
Chernobyl to reduce residual exposure.15
Industry itself can also pose problems both on an environmental level through pollution butalso by affecting the people that work within the respective industries. Under Article 23 of
the Universal Declaration of Human Rights all people are guaranteed the right of just and
favourable conditions at work. However, it is questionable how far this right has been or is
being upheld. In June 2011 it was reported that a battery factory in the Zhejiang province of
China had exposed its workers to high levels of lead poisoning. The factory also caused the
surrounding environment to suffer, with children also succumbing to lead poisoning. There
were reports of more than 300 people being diagnosed with lead poisoning. 16 Other
industries, such as the mining of gold, have also led to increased problems for the
environment and the people that work in them. The ideal right of a person under Article 23
is often seen in stark contrast to the actual reality. Gold mining in countries such as Nigeriaand Papua New Guinea often uses the artisanal technique and through this process the
miners are exposed to high levels of mercury. Mercury is a highly deadly metal however
despite an international prohibition on children working with it, they continue to do so and
e exposed to it through their parents.17
Residential environmentliving standards and resources
14http://www.un.org/apps/news/story.asp?NewsID=38919
15http://en.wikipedia.org/wiki/Chernobyl_disaster
16http://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=all
17http://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-miners
http://www.un.org/apps/news/story.asp?NewsID=38919http://www.un.org/apps/news/story.asp?NewsID=38919http://www.un.org/apps/news/story.asp?NewsID=38919http://en.wikipedia.org/wiki/Chernobyl_disasterhttp://en.wikipedia.org/wiki/Chernobyl_disasterhttp://en.wikipedia.org/wiki/Chernobyl_disasterhttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://en.wikipedia.org/wiki/Chernobyl_disasterhttp://www.un.org/apps/news/story.asp?NewsID=389198/3/2019 UNHRC Study Guide
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There is a great disparity between views on living standards across the world. In the more
developed north there is a presumption that individuals will have a comfortable home with
furniture, whilst in the developing south there is a presumption that individuals will be
building makeshift houses with little in the way of luxury and security.
However, despite this presumption there will always be competition for resources and this
is where much contention can arise between citizens and immigrants or even betweencitizens of the same country themselves. The competition for resources may mean
increased resentment between the various populations in a particular area or country or
even greater environmental impacts that impact on everyone within a state.
One key area where there is often competition for resources is in basic materials such as
wood, coal and water. For example, between 1994 and 1996, approximately 36,000 million
trees were cut down within the Virunga National Park in the DRC. Much of this was removed
for fuel to ensure life in the local area however a significant proportion was also removed to
build shelters and housing. It is important to note however this deforestation was not as a
result of the increased need by the local population but rather as a result of the introductionof refugees to the local area. At its peak, the rate of deforestation reached removal rates of
770 tons per day. This story can also be seen in the Kivu province of the DRC where within
three weeks of the arrival of refugee populations, almost 38 square kilometres of forest
were lost.18
One key problem that deforestation, for example, then poses is soil degradation. This comes
in two forms. Firstly, as soil erosion by the sun, wind and water. The erosion of the soil
prompts a degrading of the top soil in the local area which causes difficulties for growing
crops and successfully grazing animals.19
Secondly, the erosion of soil gives rise to an
increased risk of flooding. This risk does not become evident until the rainy season occurs.
Where a camp is situated in an area of raised terrain, such as Bukavu in Zaire, then mud
slides are an ever present danger and can be caused as a direct result from large levels of
rainfall. These risks may not be remedied by the mere movement of refugees from the area
in which the camp is located but rather through the rehabilitation of the area.20 To further
18Prof. J.O. Oucho, Environmental Impact of Refugees and Internally Displaced Persons in Sub -Saharan Africa
2007African Migration Alliance Biennial Workshop on Climate Change, Environment and Migration, p. 1219
Prof. J.O. Oucho, Environmental Impact of Refugees and Internally Displaced Persons in Sub -Saharan Africa
2007African Migration Alliance Biennial Workshop on Climate Change, Environment and Migration, p. 11,
Table 320
A.K. Biswas & C. Tortajada Quiroz, Environmental Impacts of Refugees: A Case Study 1996 Vol. 14 Impact
Assessment, p. 31
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highlight this issue, in the mid-1990s a study was conducted into the changes in the
ecosystem of the Senegal River Valley. It was found that due to changes in land cover and
the alteration of the vegetation make-up of the region through various deforestation and
clearance actions that there had been an alteration in all ecological zones along the river.21
Changes to countries
All countries are dependent upon
the environment and their climate
to maintain their local flora and
fauna. This is critical to the survival
of ecosystems as well as the survival
of countries themselves. This is
especially important in relation to
island nations. An increase of just
half a metre in sea level would put
at risk the very survival of thehuman population of many Pacific
Island nations.22 Countries that are
already seeing the impacts of
climate change include The
Maldives and other potential targets for risk to the human population through climate
change include Papua New Guinea. Above and beyond the mere threat of rising sea levels is
the potential for increased competition for resources. The 2006 Stern Review predicted that
there would be a greater competition for resources, should sea levels rise and there be
environmental threats to populations, than at any time since the end of the Second World
War.23
The consequences of climate change are far reaching and can strike at the very heartof the security agenda: flooding, disease and famine, resulting in migration on an
unprecedented scale in areas of already high tension; drought and crop-failure, leading to
intensified competition for food, water and energy in regions where resources are already
stretched to the limit.24
To put this into some context it is appropriate to look at one country that is within the
danger zone of the Pacific Island nations. Tuvalu is made up a series of narrow islands, with
Funafuti, the capital, a mere 600 metres wide at its widest point and the land is less than 2
metres above sea level. The environment of Tuvalu is changing. It is already being noticed by
the local population that beaches have disappeared, small islets have been washed away,coral reefs are starting to die and crops are dying from salt-water intrusion.
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21Black and Sessay, Refugees, Land Cover and Environmental Change in the Senegal River Valley 1996 41(1)
GeoJournal22
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A recent report Oxfam has suggested that the costs of adaptation to changes in the
environment and local climates will total around $50 billion per yeara figure far higher
than previously considered and greater than those suggested by the World Bank.26
The disappearance of nations, such as Tuvalu, does prompt a serious question: where willthe citizens of these nations go when the nations themselves disappear? As there are
numerous rights to citizenship and the right to residency in a state, should these rights be
used to force other countries to become the foster homes of unintentionally stateless
people?
Legal environment
The most recent example where human rights issues have clashed
between a legal and residential environment was a case involving
an asylum seeker in Greece. In 2011, the laws of the EU relating to
asylum seekers were called into question by the European Court ofHuman Rights. As a result of the decision in MSS v. Belgium and
Greece27 the application of the EU asylum laws by Belgium and
Greece were deemed to contravene the ECHR. The Court stated
that the return of an asylum seeker from Belgium to Greece
contravened Article 3 of the ECHR namely the right to freedom
from torture, inhuman or degrading treatment. This decision was
based in part on the conditions that the applicant asylum seeker
argued that they would be returned to if they were placed back into the custody of the
Greek authorities.28
AGENDA ITEM 2:
Human rights and the removal and resettlement of individuals
INTRODUCTION
For centuries there have been various instances of the removal of people from one area or
one country to another, all for various reasons. There have also been either coupled with
this removal or indeed as part of a different policy to resettle people. This is of no surprise
as humans have continuously competed for supremacy over each other and have usedthese mechanisms as a means to exert such supremacy.
26http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4824?ctnscroll
_articleContainerList=1_0&ctnlistpagination_articleContainerList=true27
Application 30696/09 (http://www.statewatch.org/news/2011/jan/echr-judgment-mss-v-belgium-
greece.pdf)28
Application 30696/09, p.56 (For These Reasons, The Court)
(http://www.statewatch.org/news/2011/jan/echr-judgment-mss-v-belgium-greece.pdf)
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In 2006, it was estimated that there were over 50 million people living outside their home
country as a result of forced removal, resettlement or migration. Often forced migration is a
result of internal struggle, especially war, or it is as a result of a humanitarian emergency.29
However, during a removal and/or resettlement of individuals are their human rights
upheld, suspended or merely ignored to satisfy the purpose of the policy or as a matter ofexpediency.
BACKGROUND
The historical context (pre-1945): it is historically proven that resettlements have occurred
to remove races or religions which appear to threaten the established population or religion
in a specific country. The removal of the Jewish population from England during the reign of
Edward I to the removal and resettlement of Plains Indians to reservations in America are
just two examples of forced removals and resettlements that were undertaken for differentpolicies. There was often an element of demonization of the people to be removed and
resettled, which can be seen in the Russian pogroms of the late nineteenth century. The
start of the pogroms is often traced to the assassination of Czar Alexander III and the riots
arising during this time continued to force people to resettle elsewhere.
It is however hard to discuss the forced removal and resettlement of individuals without
discussing the Holocaust and the use of concentration camps to remove the lesser races
from the conquered lands of Nazi Germany especially the Jews, Gypsies and Slavs. The
policy of looking to create an Aryan race and the inherent racism of the creation of a
Greater Germany ideal led to the forced removal and resettlement of millions of people.
Much of the context for the pre-1945 forced removal and resettlement of people was borne
out of fear-mongering or using them as a scapegoat for wider social, political or economic
problems. This can again be seen acutely in the propaganda of Nazi Germany throughout
the 1930s and early 1940s.
Post-war resettlement (1945-1999): as a result of the preceding history and especially as a
result of actions of Nazi Germany, the international community looked to create a
framework in which the rights of individuals were not just the concern of states but the
concern of the entire international community. This is certainly a policy that can be seenbehind the creation of the Universal Declaration of Human Rights. Whilst it is a statement of
all of the basic rights that individuals have and should have upheld, there is an inherent
tension within it. This tension is between the right to reside in a state and the right to obtain
asylum. This tension can be found between Articles 13 and 14. The debate that surrounded
these provisions saw the USSR wanting to qualify the rights to leave and the USA looking to
remove any obligation on states in respect of asylum.30 Subsequent to this the international
29J Mertus & J W Helsing, Human Rights & Conflict: exploring the links between rights, law and peacebuilding
(2006), p. 40530
J Mertus & J W Helsing, Human Rights & Conflict: exploring the links between rights, law and peacebuilding
(2006), pp. 408-409
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community revisited the issue of removed persons under the 1951 UN Convention Relating
to the Status of Refugees. The 1951 Convention is arguably more Euro-centric than the
Universal Declaration of Human Rights but it does provide for the application of basic
human rights to refugees who are within a new state.31
Resettlement in the new millennium: whilst therehave been developments in the protection of
removed and resettled persons, the most effective
protection frameworks are those applicable to
people who have crossed borders namely
refugees. It has thus left those who have been
forcibly removed or resettled in their home country
with little protection. This situation has however
altered over the last decade. The presence of the
UN and its agencies during conflicts that have caused the forced removal or resettlement of
people within their own country or another one has helped to ease the transition ofmovement. However, there is not necessarily a fully co-ordinated effort, nor is it always as
easy to make this transition as could be suggested.
Much of the emphasis has been on strengthening the position of internally displaced
persons rather than continuing to bolster the position of refugees to provide cover for
internally displaced persons.
KEY ISSUES
Lack of protection for internally resettled persons
The lack of protection for internal persons stems from the unwillingness of states to infringe
national sovereignty and by virtue of that having governments tell other governments what
to do. This affects wide range of countries, from Russia and China with their inherent veto
power to Somalia and Liberia, with their lack of an accountable government of authority to
provide security to citizens.32 This raises the question of how to combat this problem.
Where states are unwilling to intervene when there is a mass internal displacement of
people a vacuum is created whereby the international framework does not necessarily
provide the protection of basic rights that these people need, nor does the national law
want to provide protection to citizens.
Competition for resources
When introducing more people into an area, whether resources are scarce or not, will result
in competition between the indigenous populous and the new residents. This can be acutely
seen in the context of refugee camps. At Dadaab refugee camp in Kenya, there have been
conflicts between refugee and local communities. These conflicts have focused on the
31J Mertus & J W Helsing, Human Rights & Conflict: exploring the links between rights, law and peacebuilding
(2006), p. 40932
J Mertus & J W Helsing, Human Rights & Conflict: exploring the links between rights, law and peacebuilding
(2006), p. 411
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depletion of forestry and forestry resources, giving rise to tensions between the refugee
population and the pastoralist communities.33
In Tanzania this has been taken further where
there has been competition to obtain access to the resources of the countrys
infrastructure, such as transport links, as well as goods and the use of grazing land and
water sources.34
One of the resources that is consistently competed for is water. As refugee
camps often do not have their own water supply, refugees have to travel sometimes longdistances to obtain water. There is a staunch range of water consumption among camps
from 11.1 litres at Kibumba to 5.3 litres at Kituku. Bringing water into camps from outside
sources could result in health problems by introducing diseases to the camp including
dysentery and cholera.35
Criminal activity and political radicalism
Many people who resettle in other countries are coming from war zones and when they
enter host countries they are coming with weapons.36
These weapons are a remnant of this
situation they are leaving rather than a direct attempt to cause unrest in their host country.
However, these weapons are a real threat to others and could be used during unrest in arefugee camp or to commit criminal acts. Criminal activity ranges from the small and petty
to serious crimes including murder, robbery and possession of arms. These crimes, if they
spill over into the host community, can have dramatic effects on indigenous people. It is
possible for internal displacement of families and communities or whole villages to occur as
a result of criminal activity spilling out from resettlement communities. This situation is
often exacerbated by the location of host countries namely close to the conflict.37
Most recently however, in the United Kingdom, a serious debate erupted around the
traveller population of Dayle Farm. The land that comprised the farm belonged to the
travellers however they had constructed a travellers site on it without expressed planningpermission. This situation flared into protests and eventually led to a mass forced eviction of
the site. It has been argued that both sides, the travellers or the police and local authorities,
were breaking the law by undertaking this forced eviction. The travellers were seen as
criminal by having breached planning regulations and not complied with a request to leave
the land. The police and local authorities were seen to have contravened human rights by
commissioning and carrying out this forced removal.
Poaching is a prevalent issue in host communities. The issue of poaching however is not as
widely appreciated. In some instances nearly thirty per cent of the game population in
resettlement areas was poached. The actions of poachers are felt the worst in respect ofrare wildlife. Some of the worst examples of poaching have included the decimation of the
33http://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-
environmental-challenges-in-refugee-camps34
P.A. Ongpin, Refugees: asset or burden?35
A.K. Biswas & C. Tortajada Quiroz, Environmental Impacts of Refugees: A Case Study 1996 Vol. 14 Impact
Assessment, p. 3536
http://www.jha.ac/articles/a050.htm37
Dr. B. Rutinwa, Dr. K. Kamanga and K.L.L. Washoma, Impactof Refugees in North Western Tanzania 2003
Center for Study of Forced Migration, University of Dar Es Salaam, pp. 3-4
http://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.jha.ac/articles/a050.htmhttp://www.jha.ac/articles/a050.htmhttp://www.jha.ac/articles/a050.htmhttp://www.jha.ac/articles/a050.htmhttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-camps8/3/2019 UNHRC Study Guide
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populations of the eastern plain gorilla, the roan antelope and the eland. With these species
being rare, their decimation pushes them closer and closer to extinction.38
Political radicalisation often leads to civil unrest and conflict either between inhabitants of
the refugee camp or between the camp and wider community. The best example of this can
be seen in the experience of refugees. This was certainly seen in the Nahr-el-Bared camp in2007 when fighting broke out in the vicinity of the camp itself with skirmishes occurring on
the outskirts of the camp between Islamic militants and the Lebanese army in May that
year. The Lebanese army placed the camp under siege and attacks were launched on the
camp during June and August. It was not until September that the camp fell and the
militants within the camp were brought under control of the authorities.39
Spread of conflict into country of resettlement
There are numerous instances of conflict spreading as a result of the removal or
resettlement of people. This is so even if this removal or resettlement is forced or voluntary.
Throughout Africa there have been various instances of conflict spreading. For example,during the Rwandan genocide in the 1990s the countries at the borders of Rwanda saw
influxes of Rwandan refugees and conversely some also provided shelter to militia attacking
people in Rwanda.
38Prof. J.O. Oucho, Environmental Impact of Refugees and Internally Displaced Persons in Sub -Saharan Africa
2007African Migration Alliance Biennial Workshop on Climate Change, Environment and Migration, pp. 14-1539
http://en.wikipedia.org/wiki/2007_Lebanon_conflict
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Pictures
Right to life, liberty and security of person:
http://www.flickr.com/photos/jordanlewin/2534766402/sizes/s/in/photostream/
Houses:
http://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-
buyers-income.html
Favela:
http://www.hatw.org.uk/default.asp?section=2
Map of Tuvalu:
http://www.lonelyplanet.com/maps/pacific/tuvalu/
http://unfccc.int/resource/docs/tp/tp0200.pdfhttp://unfccc.int/resource/docs/tp/tp0200.pdfhttp://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://www.un.org/apps/news/story.asp?NewsID=38919http://www.un.org/apps/news/story.asp?NewsID=38919http://en.wikipedia.org/wiki/Chernobyl_disasterhttp://en.wikipedia.org/wiki/Chernobyl_disasterhttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.statewatch.org/news/2011/jan/echr-judgment-mss-v-belgium-greece.pdfhttp://www.statewatch.org/news/2011/jan/echr-judgment-mss-v-belgium-greece.pdfhttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.jha.ac/articles/a050.htmhttp://www.jha.ac/articles/a050.htmhttp://www.flickr.com/photos/jordanlewin/2534766402/sizes/s/in/photostream/http://www.flickr.com/photos/jordanlewin/2534766402/sizes/s/in/photostream/http://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-buyers-income.htmlhttp://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-buyers-income.htmlhttp://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-buyers-income.htmlhttp://www.hatw.org.uk/default.asp?section=2http://www.hatw.org.uk/default.asp?section=2http://www.lonelyplanet.com/maps/pacific/tuvalu/http://www.lonelyplanet.com/maps/pacific/tuvalu/http://www.lonelyplanet.com/maps/pacific/tuvalu/http://www.hatw.org.uk/default.asp?section=2http://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-buyers-income.htmlhttp://www.dailymail.co.uk/news/article-485821/Average-British-house-costs-times-buyers-income.htmlhttp://www.flickr.com/photos/jordanlewin/2534766402/sizes/s/in/photostream/http://www.jha.ac/articles/a050.htmhttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.iucn.org/about/union/secretariat/offices/esaro/_news/?2417/Eastern-Africa-Tackling-environmental-challenges-in-refugee-campshttp://www.statewatch.org/news/2011/jan/echr-judgment-mss-v-belgium-greece.pdfhttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.hrw.org/news/2011/10/27/global-mercury-reduction-treaty-protect-health-gold-minershttp://www.nytimes.com/2011/06/15/world/asia/15lead.html?pagewanted=allhttp://en.wikipedia.org/wiki/Chernobyl_disasterhttp://www.un.org/apps/news/story.asp?NewsID=38919http://en.wikipedia.org/wiki/United_Nations_Conference_on_the_Human_Environmenthttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/pid/4819?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www2.ohchr.org/english/issues/environment/environ/index.htmhttp://unfccc.int/resource/docs/tp/tp0200.pdf8/3/2019 UNHRC Study Guide
15/15
15
All are equal before the law:
http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/t
hesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ct
nlistpagination_articleContainerList=true
Refugees:
http://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpg
http://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpghttp://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpghttp://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpghttp://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpghttp://images.mirror.co.uk/upl/m4/mar2011/2/4/refugees-held-in-libya-pic-ap-350407388.jpghttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=truehttp://www.un.org/wcm/content/site/chronicle/cache/bypass/home/archive/issues2007/thesolidarityofpeoples/eliminatingracialdiscrimination?ctnscroll_articleContainerList=1_0&ctnlistpagination_articleContainerList=true