United Nations Human Rights

Council (UNHRC)

Study Guide

3rd

Annual ShoreMUN Conference

28th

& 29th

September 2013

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UNHRC Study Guide – ShoreMUN 2013

Contents

Director’s Note .............................................................................................................................................. 2

Director’s Note .............................................................................................................................................. 3

Introduction to Committee and its History ................................................................................................... 4

Background ................................................................................................................................................... 4

Introduction to the Topic .............................................................................................................................. 5

Recent Developments and Current Situation ............................................................................................... 6

Past UN Action .............................................................................................................................................. 8

Possible Solutions ......................................................................................................................................... 9

Questions a Resolution Must Answer ......................................................................................................... 10

Further Readings and Useful Links .............................................................................................................. 10

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Director’s Note

Dear Delegates,

It is with great fervor that I welcome you to the United Nations Human Rights Council at 2013! My name

is Nabeel Shaikh, and I’ve been given the honor to serve as your committee director with my Co- Chair

Taleha Aftab.

I entered the realms of Model UN at the beginning of my second year of high school. I immediately

became passionate about the activity, and it wasn’t long before MUN consumed my social and extra-

curricular life. I have had the pleasure of being part of numerous MUNs including Model United Nations

Turkey 2013, Model United Nations IBA Karachi 2013, Harvard Model United Nations 2012, and

ROTMUN 2011, where I was honored with outstanding diplomacy awards. I’ve been part of various

committees, in various capacities – Delegate, Committee Director, Secretary General, and I have

thoroughly learnt from every experience.

Although my education is focused on business administration, I have always deeply enjoyed the

opportunity to discuss major world issues with people from different background and countries. My love

for MUNs stems from my passion for international and public interest law. My passion also leads me to

take these discussions very seriously and therefore I expect a lot from my committee regardless of age-

group or background (yes, this is meant to scare you into doing heaps of research or facing my wrath if

you don’t!)

The topic under discussion is deceptively simple. Xenophobia is common in democratic and

undemocratic states around the world. There is no blanket solution for the problem and it is your task to

come up with feasible and smart solutions (this means NO ad hoc committees!).

You are free to go crazy with research once you’ve read this and come back with some great arguments

and solutions in the committee. Good luck.

Looking forward to meeting all of you!

Director

Nabeel Shaikh

United Nations Human Rights Council

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Director’s Note

Dear Delegates,

Welcome to the United Nations Human Rights Council. My name is Taleha Aftab and I have the privilege

of chairing this committee with my co-chair Nabeel Shaikh.

I am currently a freshman at the Institute of Business Administration where I am pursuing a degree in

Economics and Mathematics. Having been part of the MUN circuit for the past 4 years, I have had the

privilege of attending various MUNs as a delegate as well as a chair.

UNHRC will be a committee that is going to test your diplomatic skills and put you through rigorous and

challenging sessions. Remember, MUNs are about diplomacy and not just good speaking skills, so

individuals who not only listen to other delegates but move the committee forward, both during formal

and informal debate, will be the ones who will stand out. Extensive research will back up your

arguments and help you make an impact. Do not just rely on the study guide that will be provided to

you. So my suggestion to you would be to research and research WELL. Strategize and plan in advance.

If you have any queries feel free to ask, I would be happy to guide you.

Happy Researching!

Director

Taleha Aftab

United Nations Human Rights Council

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Introduction to Committee and its History

The Human Rights Council is one of the most renowned and influential bodies of the United Nations. It is

an inter-governmental body and is responsible for strengthening the promotion and protection of

human rights around the globe and for addressing situations of human rights violations and then making

recommendations to the UN general assembly. It has the ability to discuss all the pertinent human rights

issues and situations that require its attention throughout the year, meeting at the UN Office at Geneva.

The Council was created by the United Nations General Assembly on 15 March 2006 by

resolution 60/251. The Council is made up of 47 United Nations Member States which are elected by the

UN General Assembly. The Human Rights Council replaced the former United Nations Commission on

Human Rights.

In 2007 the Council adopted its "Institution-building package" to guide its work and set up its procedures

and mechanisms. Spanning the Universal Periodic Review mechanism which serves to assess the human

rights situations in all United Nations Member States, the Advisory Committee which serves as the

Council’s “think tank” providing it with expertise and advice on thematic human rights issues and

the Complaint Procedure which allows individuals and organizations to bring human rights violations to

the attention of the Council.

The UNHRC continues to work actively to protect the welfare, health and rights of the people. In

addition to this it conducts regular evaluations of all the UN member states and works to increase

international awareness and respect for human rights

Background

During the last fifty years since the adoption in 1948 of the Universal Declaration of Human Rights, the

international community has made some important progress in the fight against racism, racial

discrimination, xenophobia and related intolerance.

National and international laws have been enacted and numerous international human rights

instruments, particularly a treaty to ban racial discrimination, have been adopted. Progress has been

made witness the defeat of apartheid in South Africa. Yet, the dream of a world free of racial hatred and

bias remains only half fulfilled.

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As technology brings the peoples of the world closer together and political barriers tumble, racial

discrimination, xenophobia and other forms of intolerance continue to ravage our societies. Horrors

such as "ethnic cleansing" have emerged in recent years, while ideas of racial superiority have spread to

new media like the Internet. Even globalization carries risks that can lead to exclusion and increased

inequality, very often along racial and ethnic lines.

As racial discrimination and ethnic violence grow in complexity, they become more of a challenge for the

international community. As a result, new tools to deal with racism are called for since its creation, the

United Nations has struggled to find measures to combat racial discrimination, ethnic violence and

related intolerance. This commitment to human dignity and equality is reflected in all the last sessions of

the General Assembly and in particular of the Social Humanitarian and Cultural Committee, where the

elimination of racism and racial discrimination has been one of the major topics of the agenda.

Introduction to the Topic

Although the term racism usually denotes race-based prejudice, violence, dislike, discrimination, or

oppression, the term can also have varying and contested definitions. According to the Oxford English

Dictionary, racism is a belief or ideology that all members of each racial group possess characteristics or

abilities specific to that race, especially to distinguish it as being either superior or inferior to another

racial group or racial groups.

The UN does not define "racism", however it does define “racial discrimination”. According to the

United Nations Convention on the Elimination of All Forms of Racial Discrimination, the term "racial

discrimination" shall mean any distinction, exclusion, restriction or preference based on race, color,

descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the

recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in

the political, economic, social, cultural or any other field of public life.

The term intolerance in its social and political context may refer to religious and ethnic intolerance. The

United Nations upholds the right to free expression of religious belief in article 18 of the Universal

Declaration of Human Rights while article 2 forbids discrimination on the basis of religion. Article 18 also

allows the freedom to change religion. Ethnic hatred, inter-ethnic hatred, racial hatred, or ethnic tension

refers to feelings and acts of prejudice and hostility towards an ethnic group in various degrees. There

are multiple origins for ethnic hatred and they often have as a result ethnic conflicts.

According to the Oxford English Dictionary, the word xenophobia consists of two parts: xeno (a

combining form meaning "guest, stranger, person that looks different, foreigner") and phobia, ("fear,

horror or aversion, especially if morbid").A xenophobic person has to believe at some level that the

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target is in fact a foreigner. This arguably separates xenophobia from racism and ordinary prejudice in

the sense that someone of a different race does not necessarily have to be of a different nationality. In

various contexts, the terms "xenophobia" and "racism" seem to be used interchangeably, though they

can have wholly different meanings (xenophobia can be based on various aspects, racism being based

solely on race and ancestry).

Xenophobia has two main objects: The first is a population group present within a society that is not

considered part of that society. Among them are recent immigrants or even a group which has been

present for centuries, or became part of this society through conquest and territorial expansion. This

form of xenophobia can facilitate hostile and violent reactions, such as mass expulsion of immigrants or

in the worst case, genocide. The second form of xenophobia is primarily cultural, and the objects of the

phobia are cultural elements which are considered alien.

Recent Developments and Current Situation

Xenophobic and other bias-motivated violence threatens a wide range of individuals and communities

distinguished by ethnic origin, religious beliefs, race, sexual orientation, and other characteristics. This

violence affects national minorities and people of immigrant origin, citizens and noncitizens, longtime

residents and newcomers.

In many parts of the world, refugees, asylum seekers, internally displaced persons, stateless persons,

and migrants have been among the principal targets of violence motivated by xenophobia, racism, and

religious hatred. Their vulnerability increases when they are concentrated in a few urban areas and

neighborhoods.

Refugees, asylum seekers, stateless persons, and migrants—from a wide range of countries, including

Burma, China, Côte d’Ivoire, the Democratic Republic of Congo, the Dominican Republic, Ethiopia, Haiti,

Iran, Iraq, Libya, Mexico, Sudan, Zimbabwe—have been the targets of xenophobic and other bias-

motivated attacks.

Incidents of xenophobic and other forms of bias-motivated violence have been widely reported and well

documented in many parts of Europe—raising concerns about the undermining of the overall protection

environment for refugees, asylum seekers and other vulnerable populations. These forms of violence

also present serious and increasing challenges in many regions of the world, and the following recent

examples illustrate how xenophobic and other bias-motivated violence is a global phenomenon, not

limited to any one country or region of the world:

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• In the Dominican Republic, Haitian refugees, migrants and stateless persons of Haitian descent

have been brutally assaulted and killed. Documented cases include street attacks, arsons, and a

beheading.

• In Egypt, refugees and migrants from Sudan, Somalia, Ethiopia, and Eritrea have been the

targets of racist violence and harassment.

• In Greece, there has been a rise in racist and xenophobic attacks against refugees, asylum

seekers and migrants, including attacks on more than one hundred Asians and Africans carried

out largely by extreme right-wing groups in May 2011.

• In India, there is a climate of racism, particularly towards those of African origin and violent

attacks have been reported against Burmese Chin and Somali refugees.

• In Italy, the antiracism NGO Lunaria documented 186 assaults, including 18 murders, allegedly

motivated by racism or xenophobia, between January 2007 and July 2009. Immigrants and

refugees were among the most frequent victims.

• In Malaysia, xenophobic attitudes among the population toward refugees and migrants,

particularly from Burma, have reportedly been on the rise in recent years. Violence at the hands

of a government sanctioned civilian group as well as by ordinary citizens has been reported.

• In Morocco, racist violence, verbal threats, and physical assaults have targeted sub-Saharan

African refugees and migrants

• In Russia, racist and ethnically motivated murders and other violent attacks by neo-Nazi

skinhead groups continue to occur with an alarming frequency; migrants from Central Asian

countries are among the primary victims of attacks.

• In South Africa, a number of serious incidents of violence against refugees and migrants,

including those from Somalia and Zimbabwe, were reported in 2011. This is particularly

troubling given the record of xenophobic violence in recent years, including the well-

documented wave of violence against foreigners in 2008, which led to at least 62 deaths and the

displacement of a hundred thousand people.

• In Thailand, migrants and refugees from Burma and elsewhere have been the victims of violent

attacks and killings by government security forces and private individuals.

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• In the United States, xenophobic attacks targeting people of Hispanic origin rose nearly 40

percent between 2003 and 2007. They declined in 2008 and 2009, before rising 10 percent in

2010. Refugees have also been the victims of hate crimes motivated by racism and religious

intolerance.

Past UN Action

The commitment of the international community and the UN to the elimination of all forms of

Intolerance is reflected in its adoption of a number of resolutions, conventions and declarations,

Including:

• Convention of the Prevention and Punishment of the Crime of Genocide – 1948

• Declaration on the Elimination of All Forms of Racial Discrimination – 1963

• International Convention on the Elimination of All Forms of Racial Discrimination – 1965

• International Day for the Elimination of Racial Discrimination – designated 1966

• International Convention on the Suppression and Punishment of the Crime of Apartheid – 1973

• First Decade to Combat Racism and Racial Discrimination – 1973-1982

• First World Conference to Combat Racism and Racial Discrimination, Geneva – 1978

• Second World Conference to Combat Racism and Racial Discrimination, also in Geneva –1983

• Second Decade for Action to Combat Racial Discrimination – 1983-1992

• Third Decade to Combat Racism and Racial Discrimination – 1994-2003

The third World Conference against Racism was held in Geneva, Switzerland in 2009. Canada, Israel, the

United States of America, New Zealand, Germany, Italy, Sweden, the Netherlands, Poland and, after

some initial skepticism, Australia announced they would not participate in the conference. The main

reason was that Israel felt a basic approach had been maintained equating Israel with a racist country

rather than a democracy. Outrage was caused when Iranian President Mahmoud Ahmadinejad held his

speech, mostly criticizing Israel as a “racist regime”. In his opening address Secretary General of UN, Ban

Ki-Moon said, "some nations who by rights should be helping us to forge a path to a better future are

not here. Outside these halls, interest groups of many political and ideological stripes shout against one

another in acrimony."

As the outcome of the conference, the delegates agreed on a 143-point declaration to combat racism

and discrimination against minorities. The declaration also warned against stereotyping people because

of their religion, a key demand of Islamic states who said that Muslims have been unfairly targeted since

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the 2001 11 September attacks on the United States. In addition, the declaration reaffirmed principles

agreed at the 2001 Durban Conference.

Delegates are advised to thoroughly research the past actions taken by the UN and analyze them as they

will form the bases for their argument and frame proposed solutions.

Possible Solutions

• Counties should sign and ratify the International Convention on the Elimination of All Forms of

Racial Discrimination (ICERD). Although it provides comprehensive solutions only 27 States out

of the 83 that have signed this treaty have ratified it. However if all countries do sign the

convention this will ensure a permanent ban on any kind of racial or xenophobic.

• States have the responsibility of bringing to justice the perpetrators of crimes caused by racial or

xenophobic motivation and to fight against impunity. States should ensure that investigating

racist and xenophobic crimes are carried out responsibly and impartially.

• Concrete steps should be taken to raise awareness among the population about the adverse

effects of Racism, Racial Discrimination, and Xenophobia. The organization of cultural events,

festivals, conferences, seminars, competitions, exhibitions, research work and publications, as

well as information campaigns and other positive measures which contribute to the building of a

society based on, tolerance, respect for cultural diversity and non-discrimination.

• In order to address the increased use of the Internet by extremist political parties, movements

and groups to proliferate, promote and disseminate racist content, countries should implement

fully articles 19 to 22 of the International Covenant on Civil and Political Rights, which guarantee

the rights to freedom of expression, assembly and association.

• Educational measures are indeed crucial in promoting human rights and democratic values at an

early age specially adolescents. Students should be taught from their primary classes that all

men and women in the world are equal. It is imperative that such education reforms are put

into action to counter racism, and discrimination radically.

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Questions a Resolution Must Answer

In order to formulate a holistic resolution that deals with some of the most pertinent issues, the

following questions must be addressed.

1. Who are the marginalized individuals, groups or organizations subject to discrimination?

2. What actions can be taken at local national, regional, and international levels?

3. What measures should be taken to ascertain compliance of states to these proposed actions?

4. What is the role of political parties, the media and civil society in both countering and fostering

racism?

5. How can the current systems be refined to combat xenophobia?

6. How will states address the “racialization” of religion?

7. How important is education in order to combat racism, particularly among adolescents?

Further Readings and Useful Links

a) International Day for the Elimination of Racial Discrimination

http://www.un.org/depts/dhl/racial/

b) Committee on the Elimination of Racial Discrimination

http://www2.ohchr.org/english/bodies/cerd/

c) International convention on the Elimination of all forms of Racial Discrimination

http://www2.ohchr.org/english/law/cerd.htm

d) Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related

intolerance

http://www2.ohchr.org/english/issues/racism/rapporteur/index.htm

e) Working Group on the Effective Implementation of the Durban Declaration

http://www2.ohchr.org/english/issues/racism/groups/index.htm

f) World Conference against Racism, Racial Discrimination, and Xenophobia

http://www.un.org/WCAR/

g) Ad Hoc Committee on the elaboration of complementary standards

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http://www2.ohchr.org/english/issues/racism/AdHocCommittee.htm

h) Durban Review Conference 2009

http://www.un.org/durbanreview2009/sessions.shtml

i) Fight against Racism, Discrimination and Xenophobia

www.unesco.org/shs/againstdiscrimination

Remember to Google anything you don’t understand. Come equipped with extensive research and you’re

good to go. Good luck!