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Human Rights Council: Vitness Leadership Summit 18
Human Rights Council: Vitness Leadership Summit 18
A. Research Suggestions 3
SECTION II
SECTION III
A. Overview of the Agenda- Conflict and Rights and Legalities 9
B. Huma n Rights Violatio n of Journa lists and Aid workers 9
C. Statistics and Case Stud ies 10
D. State Responsib ility 11
E. Internationa l Efforts 12
F. Questio ns to be answered in a Draft Resolutio n 15
G. Conclusion
15
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience
and should act towards one another in a spirit of brotherhood
SECTION I
A. RESEARCH SUGGESTION
1. Read the agenda guide, least 10 days prior to the conference and make a note of everything that
needs to be understood. Doread the background guide. In case of a crisis situation always read
and look for the analysis and plausible rationale on the updates that may be issued a week
before the MUN.
2. Google/search everything and find relating documents (UN news articles, scholarly articles) for
whatever was not really understood.
3. After wholly understanding (subject to how in depth you wish to go for the research), try
understanding your allotted country’s perspective on the agenda.
4. Make the stance in accordance with the country’s perspective on the agenda which shall also define
your foreign policy (history, past actions etc.)
5. Understand the cues and hints that are given minutely in the background guide that may come
handy while presentation of contentions in committee.
6. Take a good look at the mandate of council as to what you can discuss and what you can do in this
council. This point is placed here, just because your knowledge base shouldn’t be limited to the
mandate of the council. Know everything; speak whatever the mandate allows.
7. Follow the links given alongside and understand why they were given. Read the endnotes and
references.
8. Predict the kind of discussions and on what sub topics can they take place, thereby analyzing the
sub topic research you have done and prepare yourself accordingly. Make a word/pages
document and put your arguments there for better presentation in council and bring a hard
copy of it to the committee.
9. Ask the Executive Board your doubts, if you have any, least 7 days before the conference by means
of the given email id and make sure to not disclose your allotted country, until you want
to understand the policy of your country.
10. Download the united nations charter, the Geneva conventions of 1949 and additional protocols
there to and other relative treaties and documents given.
11. Ask questions regarding procedure to speak something etc., if you have any, on the day of the
conference.
Documents from the following sources will be considered as credible proof for any allegations
made in committee or statements that require verification:
Reuters: Appropriate Documents and articles from the Reuters News agency will be used to
corroborate or refute controversial statements made in committee.
UN Document: Documents by all UN agencies will be considered as sufficient proof. Reports from all
UN bodies including treaty-based bodies will also be accepted.
Government Reports: Government Reports of a given country used to corroborate an
allegation on the same aforementioned country will be accepted as proof.
A position paper is an introductory document which reflects your research and the position of your
country with regard to the agenda at hand. At a glance, it should make clear the urgency of the matter
and a wholehearted effort to resolve the same. The format of the Position Paper should be as follows:
Name:
Committee: UNHRC
Agenda:
Country:
The position paper begins after the above details and should not exceed 2 pages in Times New
Roman, 12 font, line spacing 1.5. All position papers should be submitted in hardcopy on the
first day of the conference. The paper should cover the following:
Human rights are inalienable entitlements established not by law, but by human
birthright, and the history of human rights has been shaped by all major world events and by the
struggle for dignity, freedom and equality everywhere. However, it was only with the signing of
the Charter of the United Nations (1945), the subsequent establishment of the United Nations
(UN) in the shadow of World War II, and the call to “reaffirm faith in fundamental human rights,”
where human rights finally achieved formal, universal recognition. The UN has remained
committed to “promoting and encouraging respect for human rights and for fundamental
freedoms for all” through charter-based and treaty-based mechanisms. Charter-based
mechanisms derive from the provisions of the Charter, most commonly as subsidiary bodies like
the Human Rights Council. Treaty-based mechanisms are the human rights covenants and
conventions, along with their respective treaty bodies, which take the force of law and monitor
the implementation of the provisions of the treaties. The Universal Declaration of Human Rights
(UDHR, 1948), a treaty-based mechanism, was adopted by the General Assembly as a “common
standard of achievement” for all peoples and countries to pursue the protection and promotion
of human rights. After decades of standing alone, this cornerstone document was joined by the
International Covenant on Economic, Social and Cultural Rights (1976), and the International
Covenant on Civil and Political Rights (1966) and its two Optional Protocols to comprise the
International Bill of Rights. It was not just these documents which guided human rights in the
UN system, but also the Commission on Human Rights, which manifested as “the main
subsidiary organ of the United Nations dealing with human rights.
MANDATE
Recognizing the need to preserve and build on the Commission’s achievements and to
redress its shortcomings, the HRC was created to ensure stronger system-wide coherence and
preserve the value of human life “in larger freedom.” The Council was charged with, inter alia,
assuming the roles and responsibilities of the Commission, promoting the full implementation of
human rights obligations, responding to human rights emergencies, undertaking a universal
periodic review, and making recommendations to States and the General Assembly (GA).
Following is the list of documents that need to be perused by all delegates before they come to the
council, without which you may find yourself standing on shore, while the council will sail away.
Please understand that you need to know the following aspects regarding each of the mentioned
documents:
The reason why this document exists (for e.g. the Geneva Conventions were enacted to lay down
The nature of the document and the force it carries, i.e. whether it is a treaty, a convention, a
The areas where the document can be applied or has jurisdiction on (for e.g. international
humanitarian law applies only to situations of armed conflict, whereas the human rights laws
The contents of the document at hand. You need not memorize any articles or rules of any
convention or treaty, but should know what the document has to say in various situations that
may arise in the
Note: The following documents hold the international framework on human rights. Feel free to
read the ones which you feel is relevant to the agenda:
Optional Protocol to the Internatio nal Covenant on Civil and Political Rights
Second Optional Protocol to the Internation al Covenant on Civil and Political Rights, Aimin g at the
abolition of the death penalty.
In addition to the International Bill of Rights and the core human rights treaties, there are many other
universal instruments relating to human rights. A non-exhaustive selection is listed below.
5. Preventionof Discrimination
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Declaration on Race and Racial Prejudice
Convention against Discrimination in Education
Protocol Instituting a Conciliation and Good Offices Commission to be responsible for
seeking a settlement of any disputes which may arise between States Parties to the Convention
against Discrimination in Education
World Conference against Racism, 2001 (Durban Declaration and Programme of Action)
6. Rightsof Women
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules)
Basic Principles for the Treatment of Prisoners
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT)
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT)
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or
Degrading Treatment or Punishment
Safeguards guaranteeing protection of the rights of those facing the death penalty
Code of Conduct for Law Enforcement Officials
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing
Rules)
Guidelines for Action on Children in the Criminal Justice System
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
Basic Principles on the Independence of the Judiciary
Basic Principles on the Role of Lawyers
Guidelines on the Role of Prosecutors
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions
Declaration on the Protection of All Persons from Enforced Disappearance
Basic Principles and Guidelines on the Right to a Remedy and Reparation
International Convention for the Protection of All Persons from Enforced Disappearance
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women
Offenders (the Bangkok Rules) - PDF
Updated Set of principles for the protection and promotion of human rights through action to
combat impunity
Humanitarian Law
With the ever changing dynamics of the modern world, it can be difficult to accurately describe a
conflict zone. International Humanitarian Law identifies two types of conflicts- International armed
conflict, between two or more States, and non-international armed conflicts between the State
government and non-state actors or between non-state actors. While this is often the case, it is
important to note that one type of conflict can lead to another, depending on the circumstances. A
conflict zone can be simply characterized by the presence of state or non-state armed groups, unrest
among the civilian population, humanitarian, and economic crises.
When the native institutions in such areas are weakened due to prolonged armed conflict, ensuring
access of the general population to basic necessities is a huge challenge for the government of the
region. In addition to ensuring the availability of resources, there is also a need to provide
humanitarian aid in terms of medical assistance, food, and shelter to the people directly affected by the
crisis. With non-existent funds, a lack of human resources, and weak infrastructure, it is virtually
impossible for the State government to work towards the interests of the citizens.
The role of the international community becomes crucial in these cases. Humanitarian aid workers
operate on the front lines of these conflicts, providing relief to those in need. Their role is very dynamic
with responsibilities ranging from analysing an emergency situation, coordinating response operations
to managing the budget, local staff, and ensuring compliance with safety policies. Most humanitarian aid
workers function under the umbrella of non-governmental organizations like Amnesty International,
Red Cross or UN led programs like the UNICEF. They may also volunteer independently.
Journalists are an integral part of this equation and serve as the primary means of communication
between the people and the outside world. The dangerous and the ruthless environment associated
with a conflict has never stopped them from unbiased reporting, which can shape the outcome of a
conflict. This makes them the subject of targeted attacks or even censorship by the government.
While there are several risks associated with working on the ground in conflict zones, the situation is
worsened by targeted attacks against humanitarian professionals and journalists. These attacks cannot
be overlooked, as they are evidence of a very disturbing trend that tries to threaten the foundation of
humanitarian aid. If this trend continues to grow, it will have a destructive impact on the civilians
dependent on such aid. This also highlights the need for revamping the security protocols that are in
place in the humanitarian sector.
Non-state armed groups target humanitarian aid workers with the primary objective of gaining
control over the population by regulating or blocking the access to humanitarian aid. It is also a means
to challenge the government and its legitimacy. The onus lies with the international community to
develop a mechanism that preserves the neutrality of humanitarian aid workers and helps them
negotiate with state and non-state actors.
Foreign intervention plays a major role in destabilizing aid efforts as seen in the case of countries like
Syria and Afghanistan, where airstrikes by USA and Russia amount to few of the highest number of aid
workers fatalities. Efforts to strengthen the humanitarian sector fail when the need for a political solution
in such cases is not recognized. An atmosphere of impunity prevails, and the government gets complacent.
It is required of the international community to build pressure on the governments with deplorable human
rights records to uphold and protect these rights in accordance with basic international human rights law.
The role of peacekeeping forces is also questionable in such situations, and it is not clear if they can be of
assistance in the aid operations.
Journalists always find themselves at the heart of any conflict. This makes them vulnerable to
enforced disappearances, mistreatment, and threats. Their thirst for the truth makes them a
formidable enemy of state and non-state actors. According to a report from Reporters Without
Borders, 57 journalists were killed in conflict zones around the world in 2016 alone. This number has
risen in the last two years, depicting the harsh truth about the safety of journalists. The question of
“how” and “if” journalists can be provided any special protection remains unanswered. The argument
against special protection maintains that journalists are sufficiently protected under the International
Humanitarian Law.
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Number of incidents 123 165 155 130 152 170 265 191 149 162 158
Total aid worker victims 220 278 296 254 309 277 475 330 288 294 313
Total killed 88 128 109 72 86 70 156 122 110 107 139
Total injured 87 91 94 84 126 115 178 88 110 98 102
Total kidnapped* 45 59 93 98 97 92 141 120 68 89 72
International victims 34 51 75 46 29 49 58 32 28 43 28
National victims 186 227 221 208 280 228 417 298 260 251 285
UN staff 39 65 102 44 91 58 110 67 44 71 48
International NGO staff 132 157 129 148 141 86 137 149 176 157 98
LNGO and RCS staff 35 46 55 47 77 107 206 98 62 51 154
ICRC staff 4 5 9 10 5 3 14 16 3 12 13
* Victim survived, or unknown outcome (kidnappings where victims were killed are counted in the 'killed'
totals)
The below publications were authored by members of the research team and draw from AWSD statistics.
State responsibility for violations of international human rights and humanitarian law has long been a
foundation of international law. State responsibility stems from the principle of pacta sunt servanda,
which means that every treaty in force is binding upon the parties to it and must be performed by them in
good faith. In this context, it is useful to recall that a State is responsible for violations of international
human rights and humanitarian law in the context of armed conflict if the violations are attributable to it,
such as:
Everyone has a duty to disobey a manifestly unlawful order. Orders to commit genocide or crimes against
humanity are manifestly unlawful; Individuals are criminally responsible for the international crimes
they commit; Commanders and other superiors are criminally responsible for international crimes
committed pursuant to their orders and, beyond that, under the principle of command responsibility
discussed in the next subsection; Individuals shall be criminally responsible and liable for punishment for
an international crime if the material elements of the crime are committed with intent and knowledge.
These principles apply to the different types of crimes—ranging from grave breaches of the Geneva
Conventions and violations of the laws or customs of war and of common article 3, to crimes against
humanity and genocide—for which individual responsibility arises for any person who planned,
instigated, ordered, committed or otherwise aided and abetted in their planning, preparation or
execution. This standard is confirmed by the Statutes of the International Criminal Tribunal for the
former Yugoslavia and the International Criminal Tribunal for Rwanda and, subsequently, by the Rome
Statute. The question also arises of whether individuals should be affiliated to a State entity in order to be
criminally responsible for serious violations of international human rights and humanitarian law.
Individual responsibility with regard to violations of international human rights and humanitarian law
amounting to international crimes can be determined on the basis of international criminal law. For
example, the Convention on the Prevention and Punishment of the Crime of Genocide stipulates that
“[p]ersons committing genocide or any of the other acts enumerated in article III shall be punished,
whether they are constitutionally responsible rulers, public officials or private individuals” (art. IV).
E. INTERNATIONAL EFFORTS
A non-exhaustive list of texts, declarations, decisions, resolutions and conventions related to human
rights and the safety of journalists.
1. International Human Rights Laws
UNESCO Resolution 29 on the Condemnation of Violence against Journalists adopted during the
29th General Conference (1997)
UNESCO Resolution 53 adopted during the 36th General Conference (2011)
UNESCO 196th Executive Board Decision (196 EX/31) on Safety of Journalists and the Issue of
Impunity (2015)
UNESCO's Belgrade Declaration on Media in Conflicts Areas in Countries in Transition (2004)
UNESCO's Medellin Declaration Securing the Safety of Journalists and Combatting
Impunity (2007)
UNESCO's Carthage Declaration on press freedom and the Safety of Journalists (2012)
IPDC Decision on the Safety of Journalists and the Issue of Impunity (2016)
African Charter on Human and People's Rights for Africa(link is external) (1981, in force since
1986)
American Convention on Human Rights(link is external) (1969, in force since 1978)
European Convention on Human Rights for Europe(link is external) (1950, in force since 1953)
Arab Charter on Human Rights(link is external) (2004, in force since 2008)
5. Humanitarian Laws
6. Other Measures Specific to the Safety of Journalists and Humanitarian aid workers
ICRC 31st International Conference's Resolution 2 on 4-Year Action Plan(link is external) (2011)
World Summit on the Information Society (WSIS)+10 Final Statement (2013) and the WSIS+10
High Level Outcome Documents(link is external) (2014)
Council of Europe: Declaration by the Committee of Ministers on the protection and promotion of
investigative journalism(link is external) (2007)
Council of Europe: Declaration of the Committee of Ministers on the protection of journalism and
safety of journalists and other media actors(link is external)(2014)
Council of Europe: Recommendation CM/Rec(2016)4 of the Committee of Ministers to Member
States on the protection of journalism and safety of journalists and other media actors(link is
external) (2016)
EU Human Rights Guidelines on Freedom of Expression Online and Offline(link is external) (2014)
1. Are journalists and humanitarian aid workers adequately protected in non-international armed
conflicts?
2. Have the contemporary conflict situations revealed loopholes in existing International
framework?
3. Should propaganda media be considered a legitimate target? Is the deliberate targeting of these
facilities a violation of IHL? Is a journalist who encourages war crimes a legitimate target for an
attack? Does everyone who commits war crimes lose protection against attacks?
4. How can a consensus be built on pending UN action reports granting safety and protection to
journalists and aid workers in conflict zones?
G. CONCLUSION
The United Nations recognizes the importance of a holistic approach and political will in securing
media safety. Increased cooperation in awareness-raising, legal and institutional reform, capacity-
building, and cementing the norm that journalists and aid workers should be protected is crucial in
fostering a safe and enabling media environment worldwide. Freedom of expression and freedom of
information are essential in achieving the Sustainable Development Goals and a more equal and safer
world. The Agenda in itself is quite broad and needs patient reading to understand the essence of the
modalities involved. As you would have read by now, we have tried our best to detail all the aspects of the
agenda at hand in a lucid manner. There are few areas which have been missed at convenience, as they are
much contested in nature. The same have been included in the “questions to be kept in mind” so that you
can come to your independent conclusions, when you are done with your background research. The board
has maintained a neutral narrative in the background guide without endorsing any particular bloc
ideology or position. Kindly keep in your mind, the background guide at no point of time can be referred
to as a source of evidence during the formal committee sessions. With that being said, the agenda needs
intense lobbying and prioritizing of areas of concern in regard to the agenda at hand. Hence, we strongly
advocate thorough research and deductive analysis on such a broad agenda. In case of any doubt or
conclusion feel free to contact on us.
Regards,
Executive Board