Letter from the Executive Board

Dear Delegates,

We welcome you to the simulation of United Nations Human Rights Council (UNHRC) at SGI
Model United Nations 2019. This letter is the first thing we expect you to read before you
move ahead with the background guide and the agenda. We have envisioned this simulation
to be one of the most productive and thoughtful simulation of the committee and for that vision to
be actualized, the impetus falls on your shoulders to work harder, think more critically, and adapt
instantly.

The two agendas for the committee have been kept keeping in mind the prospective delegates.
What we expect out of you, is an understanding of the agenda, relevant policy concerns and
inference of direct and indirect implications. We fully understand that the two agendas are poles
apart and have completely distinct implications- therefore, it is completely upon the committee to
discuss whichever agenda you want to discuss and in whatever order you want to discuss. You
may choose to discuss either one agenda for all the three days or both the agendas separately.
To ease your work; this background guide has been divided into 5 parts; namely:
1. How to prepare for the committee?
2. Valid source of proof in the committee
3. Introduction to the Committee
4. Agenda Description (1)
5. Agenda Description (2)
For the better understanding of the guide and the committee, it’ll be better if you go through them
part wise and understand the importance of each part. We can assure you that each part will help
you in some way or the other regarding the committee.
You may only treat the guide as introductory documents, which build an insight into the concepts
that the agenda deals with. Beyond this, you are required to dig deep and do your own research,
but more importantly, we want you to take the information you’ve researched and sit down with
it to analyze the core issues there, possibly forecast what the debate on this will entail, and then
form logical arguments and efficient solutions on it.
Lastly, in case of any queries related to the committee or rules of procedure (click to see rules of
procedures) you may contact us via email and we’ll respond to you as soon as possible.
We wish you all the best. May the force be with you!

Regards,
Raghav Sodhi | Chairperson | sodhiraghav@gmail.com
Akro Jyoti Mitra | Vice- Chairperson
Part I: How to prepare for the committee
One of the major misconceptions about the concept of MUN’s is that you just research from the
internet and speak in the committee. However that’s not the only thing you do, you are required
to research for the committee AND ANALYSE whatever you’ve studied. When it comes to the
term analysis, a lot of people don’t know what it means so for example:
You see someone’s marksheet and see that person has scored 90+ out of 100 in 4 out 5 subjects
however in the 5th subject, the person has scored just 53 out of 100. The part till here is called
your research, this is something you’ve found out by searching somewhere.
When it comes to analysis, analysis means interpretation, now for example in the above example
a good analysis would be finding out that the person if gives more time to the 5 th subject rather
spending so much time on other subjects, his/her marks in the individual subjects might fall a bit
but he/she would improve overall because now that person would be scoring well in 5 th subject as
well.
In context of MUNs, analysis is a very important aspect when it comes to you playing the role of
a delegate in a committee. Mostly delegates get confused by the term analysis and are not able
improve the quality of their analysis overtime. In very simple words, “Analysis means
interpreting the research you have from your perspective”. The reason analysis is an important
aspect of a MUN is because, without analyzing the current research you can’t progress towards
development but can only dwell upon the already existing research.
Before that, let’s understand what does your analysis include? When you start analysis, you need
to keep the following things in mind:

● Context– What is the context of your analysis? Basically, what are you analyzing? What is
it related to?
● Stakeholders– Who/What are driving your research and playing a major role? Who are the
relevant members to your research?
● Impact– What impact will your research have on the agenda? What role will it play on the
stakeholders of the research you have regarding the agenda
● Scope of Solution Space– What all solutions can be formulated to tackle the problem? ●
 Constraints within solution– The solutions formulated in the solution space would have a
few constraints, what are those? And can they be tackled or is there any way around? ● Key
Insights– What is the final conclusion or key takeaways you have from the analysis you’ve
done regarding your agenda?
The above are the key points which are included in the concept named “Analysis”. If you are able
to find answers to the above points regarding your research you’ll have an easier time going with
the research and trying to understand the agenda.
For a sample example let’s take the recent 2018 North Korea-United States Summit in Singapore
(https://en.wikipedia.org/wiki/2018_North_Korea%E2%80%93United_States_summit) being
discussed in General Assembly on a agenda related to nuclear weapons;
Now let’s draw out the line from this case:
Context– The context in this case would be that the summit had a few major decisions regarding
the nuclear weapons in Korean Peninsula hence it’s relevant to the agenda; to elaborate more
upon the context one would go into detail of what has been promised by both the states regarding
Nuclear weapons.
Stakeholders– The stakeholders in this case would be; USA, North Korea, South Korea majorly;
but you can come with other stakeholders as well when you research further upon what bodies
can play a role in this agenda, for example IAEA or P5 members of UNSC especially China
Impact– So if the plans according to summit go well, we can have a nuclear weapon free Korean
Peninsula and a threat to a nuclear war might reduce; the nuclear resources used for making
weapons can be used for other purposes which can be elaborated upon
Scope of Solution Space– The scope of solution space can be very broad this case; it can start
from seeking help from IAEA, drafting a treaty similar to NEW START treaty, Inclusion of
DPRK in NPT (again), Discussing the sanctions on DPRK etc.
Constraints within Solution– The terms and conditions of the agreement; Time; feasibility,
POLICY RESTRICTIONS (applicable for all agendas), existing sanction on DPRK, Non-
membership of DPRK in NPT
Key Insights– One of the major key insight in this topic would be that how a major decision to
disarm the nuclear weapons in Korean peninsula has been taken; how policies for both DPRK
and USA have changed; How South Korea’s relations have been affected with USA; How USA
is talking about disarming nuclear weapons in Korean Peninsula but on the contrary also backing
out from Iran Nuclear Deal; These are just few of the many key insight which could be taken
from the topic
The above example given also misses out on a lot aspects in terms of analyzing the topic, for
example if researched further one can find relevance of China in this agreement as well.
In simple language, analysis means to interpret and understand what you’ve research and being
able to present it as an argument in the committee which will help in the flow of the debate.
So, for 3 days of the conference you’ll be marked upon following things:
1. Verbatim (3+3+2+2)- Research (3), Analysis (3), Foreign Policy (2; Explained below),
Guidance of Debate (2; Explained Below)
2. Chits (3+3+2)- Research (3), Analysis (3) and Foreign Policy (2)
3. Guidance of debate- Being able to lobby in the committee and ensuring your points in the
committee are creating good arguments and ensuring debate in the committee including in
the unmoderated caucuses;
4. Foreign Policy - Ensuring the fact that the statements made by a delegate in the committee
in the verbatim or chits are in line with the their foreign policy; which basically means
that your statements should not oppose something which has been said by high positioned
representatives of your state/country;
Substantive Chits shall be holding EQUAL RECOGNITION in terms of marking for
Research, Analysis and Foreign Policy, however they won’t be given marks for Guidance of
Debate, hence the overall marking for verbatim and chits won’t be equal. Also, we understand
that since the chits would be of equal recognition in the committee, that doesn’t mean that you
bring a pack of substantive chits written from home. Only those chits will be marked which
would be related to the topic being discussed.

Chits
Chits play an important role in conveying messages in the committee to delegates and the
executive board. Now the chits can be used in 2 ways:
1. Lobbying by asking questions and sending points to other delegates
2. Display of substantive knowledge by sending chits to the Executive Board
Now when it comes to Substantive chits, they can be used to display your research and analytical
skills. The only thing it won’t help you in is your guidance of debate as the matter which you’ll
send would be only known to the Executive Board and you.
A few tips before sending substantive chits:
● NEVER EVER write long paragraphs
● Underline/Highlight your main point which you want to convey (Display of research) ● No
need to write much of substantive matter, in fact, just make sure the substantive matter being
written is important and relevant
● Try to concentrate on the analysis part. Which basically means what you interpret from the
research you have done, what are things being conveyed by the substantive matter which
you are giving to us? What do we do with the substantive matter? Research can be found
anywhere on the internet, but what matters is how you interpret and analyse it while
keeping your foreign policy in mind. That is when you need to carefully use your brain.
● Whatever research you do, try to find the application of it. As in, why is this substantive
matter needed in the committee? How is it relevant? How can it help?
● A chit is meant to be short, crisp and detailed at the same time. So always try to keep it
 brief and to the point.
How to research?
Whenever you start your research, first try understanding the meaning of research and what do
you plan to do in the committee. In our case try understanding Cybercrime, right to privacy and
cyber warfare as basic terms followed by understanding the legal aspects of digital privacy.
Write the agenda somewhere on your electronic device or a notepad and try to break it into parts.
As you break it into parts try coming up with topics which can be discussed in the committee.
After writing the agenda and breaking it further, search about the sub-topics on the internet and
find more information about such as legal aspects, government implication etc. It’s not necessary
that you are able to find your sub-topics without starting your basic research, as you start your
basic research you’ll be coming across problems which are being faced across the world from
which you can derive your sub topics.
After coming up with your topics and researching on them; find out what all other committees
and bodies exist (National and international both) apart from UNHRC which are taking actions
on this agenda. In our case, online campaigns on the agendas can be also considered to provide
solutions. Go thru the reports, suggestions, and actions taken by those bodies and those given in
national and UN documents for eg. Secretary General Report till date on the agenda and try to
analyze the problem and solution both and give your own input.
After going thru the National and International reports, do go thru the secretary general report on
the agenda which’ll tell you about ALL the progress which has been related to the agenda.
After you’re done with the above things, try to pick up case studies and find the problems in it
and how can they be improved (which’ll test your analytical skills) and being able to implement
the solution for that problem will help you in your application skills.
The above is just one of the many ways of research, and one can differ as well. But in the end,
just ensure that you understand what the agenda means and what all requires to be done in order
to have a successful result.

PART II: Valid source of proof in the committee Evidence

or proof is from the following sources will be accepted as credible in the UNHRC:
1. State-operated News Agencies – These reports can be used in the support of or against the
State that owns the News Agency. These reports, if credible or substantial enough, can be used in
support of or against any country as such but in that situation, they can be denied by any other
country in the council. Some examples are,
i. RIA Novosti (Russia) [http://en.rian.ru/]
ii. IRNA (Iran) [http://http://www.irna.ir/en/]
iii. BBC (United Kingdom) [http://bbc.co.uk/]
iv. Al Jazeera (Qatar) [http://www.aljazeera.com]
v. Xinhua News Agency (PR China)
[http://www.xinhuanet.com/english/china/] 2. Government Reports:

These reports can be used in a similar way as the State Operated News Agencies reports and can,
in all circumstances, be denied by another country. However, a nuance is that a report that is
being denied by a certain country can still be accepted by the Executive Board as credible
information. Some examples are,
i.) Government Websites like the State Department of the United States of America
[http://www.state.gov/index.htm] or the Ministry of Defence of the Russian Federation
[http://www.eng.mil.ru/en/index.htm]
ii.) Ministry of Foreign Affairs of various nations like India [http://www.mea.gov.in/] or
People’s Republic of China [http://www.fmprc.gov.cn/eng/].
iii.) Permanent Representatives to the United Nations Reports
http://www.un.org/en/members/ (Click on any country to get the website of theOffice of
its Permanent Representative.)
iv.) Multilateral Organizations like the NATO
[http://www.nato.int/cps/en/natolive/index.htm], ASEAN [http://www.aseansec.org/],
OPEC [http://www.opec.org/opec_web/en/], etc.
3. United Nations Reports:
All UN Reports are considered are credible information or evidence for the Executive Board of
the UNGA:
i) UN Bodies like the UNSC [http://www.un.org/Docs/sc/] or UNGA
[http://www.un.org/en/ga/].
ii.) UN Affiliated Bodies like the International Atomic Energy Agency
[http://www.iaea.org/], World Bank [http://www.worldbank.org/], International Monetary
Fund [http://www.imf.org/external/index.htm], International Committee of the Red Cross
[http://www.icrc.org/eng/index.jsp], etc.
iii.) Treaty Based Bodies like the Antarctic Treaty System [http://
 www.ats.aq/e/ats.htm], the International Criminal Court
[http://www.icc-cpi.int/Menus/ICC]
NOTE — Sources like Wikipedia [http://www.wikipedia.org/], Amnesty International
[http://www.amnesty.org/], Human Rights Watch [http://www.hrw.org/] or newspapers like the
Guardian [http://www.guardian.co.uk/], Times of India [http://timesofindia.indiatimes.com/], etc.
are typically not accepted as PROOF/EVIDENCE. However, they can be used for better
understanding of any issue or on rare occasions, be brought up in debate if the information given
in such sources is in line with the beliefs of a Government.

Further, the information submitted as evidence citing reportage from sources such as
specified
in this note may be at best, treated as having significance in terms of persuasive
value - e.g. to cement one’s assertions, but never as binding, indisputable fact.

PART III: Introduction to the Committee

The United Nations Human Rights Council was established in 2006 by General Assembly
Resolution A/RES/60/251. Prior to the UNHRC the most prominent mechanism for human rights
issues in the United Nations was the United Nations Commission on Human Rights, a subsidiary
of the General Assembly. The UNHRC took on the roles and responsibilities of the commission
on human rights and seeks to build upon that foundation to create a more effective body for the
international human rights policy. The resolution creating the council gave it responsibilities such
as to promote universal respect for the protection of all human rights and fundamental freedoms
for all, without distinction of any kind and in a fair and equal manner, address situations of
violation of human rights, including gross and systematic violations, promote effective
coordinating and mainstreaming of human rights within the United Nations system, to promote
human rights education and learning, advisory issues, technical assistance, and capacity building
and contribute, through dialogue and cooperation, toward the prevention of human rights
violations and respond promptly to human tights emergencies.

Part IV: Agenda Description (1)

“Protection of Human Rights in Digital Age”

Introduction

Technology’s dramatic improvement has revolutionized society, thus affecting every facet of
daily life. Rapid advances in information technology have caused communication and
information sharing platforms to evolve completely; Internet access is at unprecedented levels
while gadgets such as smartphones are depending on the development of the country either
ubiquitous or emerging. Despite the fact that these technologies can simplify communication,
facilitate expression, and allow for access to huge banks of information, they can also be
exploited. Private organizations or individuals such as hackers can illicitly access private
information and, as brought to light by the Snowden case, governments too can be guilty. In fact,
they can even magnify the scope by being responsible for a far more extensive breach of privacy:
mass surveillance and the accompanying unwarranted collection of information. Accordingly, the
world responded and the United Nations adopted resolutions that expressed its discontentment. A
study showed that along with the obvious encroachment on the right to privacy, mass surveillance
has another adverse effect: minority political views are stifled, compromising political discourse
and the freedom of expression. Yet mass surveillance operations have not ceased. Following the
recent terrorist attack in Brussels, governments in Europe feel further impelled to bolster existing
robust surveillance projects despite their seeming futility; dissidents and terrorists, targets of
these mass surveillance operations, are able to avoid detection through encryption and burner
phones. Even so, proponents argue that while it may come at the cost of individual liberties, mass
surveillance offers unparalleled protection and a sense of global safety. At a time when fear of
terrorism has reached new heights, it is unlikely that all mass surveillance operations will be
terminated immediately. The United Nations is thus left with one of the most complex problems
that it has ever tackled: balancing privacy and security in a chaotic digital age.

Historical Background

The global information technology infrastructure has grown exponentially in the past few years.
At present, it is estimated that there are at least 2.8 billion Internet users around the world, and
thus it is more pertinent for a comprehensive set of regulations for the benefits of cyberspace to
be truly enjoyed. Because each nation has its own interests, in addition to the interests of the
private sector and the society, the United Nations is the most important organization in providing
a neutral forum for all sectors to work and negotiate legislation regarding freedom of speech in
cyberspace.

In its first session in 1946, the United Nations General Assembly (UNGA) stated in resolution
A/RES/59 that “freedom of information is a fundamental human right and is the touch-stone of
all the freedoms to which the United Nations is consecrated.” Article 19 of the Universal
Declaration of Human Rights itself states that everyone has the right to freedom of expression in
all types of media. Other international documents such as the International Covenant on Civil
and Political Rights, the American Convention on Human Rights, the African Charter on Human
and Peoples Rights, and the European Convention for the Protection of Human Rights and
Fundamental Freedoms (European Convention, or ECHR) have similarly pointed out the
importance of freedom of expression.
Furthermore, there have been several attempts to address this issue although it has been difficult
thus far due to the dual nature of the Internet. The Internet empowers freedom of expression as
it
provides people with a new way to seek and share information; however, this freedom has also
raised concerns and the need for content regulation to prevent minors from accessing content that
may be potentially harmful. The United Nations Special Rapporteur on the Promotion and
Protection of the Right to Freedom of Opinion and Expression (henceforth Special Rapporteur)
gives an explanation of benefits of the internet and promotes its use by stating that, “[by] vastly
expanding the capacity of individuals to enjoy their right to freedom of opinion and expression,
which is an ‘enabler’ of other human rights, the Internet boosts economic, social and political
development, and contributes to the progress of humankind as a whole.“

Nuances of the Agenda

Ideally, democratic governments aim to embody these freedoms in order to be representative of
the people they govern. An extremely important aspect of this logic is how freedom of speech is
built into the rationale of self-determination. Several aspects of the Universal Declaration of
Human Rights ensure that freedom of speech is seen as vital part of each individual’s existence.
This document also reinforces that even though these liberties are important in respect to
political views and acknowledgement; its scope is much larger than that.
It essentially deems “every form of idea and opinion capable of transmission to others, subject to
the provisions in article 19, paragraph 3, and article 20. “ Throughout the years, several measures
to limit the freedom of speech and censor certain online content have come up; even though
some of them can be considered legitimate, the question is whether or not it is clear enough to
the public. An example of such limitations can be examined in several national laws; the reasons
for limiting the public’s access to the Internet include laws on sedition; national security;
telecommunications; racial hatred; copy-right; defamation; perjury; contempt of court fraud;
privacy, and censorship in classification and broadcasting.“ Many controls are sometimes
concealed from the public, since certain blockage may be considered necessary by a government,
but may be invalidated if it is not carefully reviewed by the courts or on a case-by-case basis.
Article 10 of the aforementioned European Convention, signed in 1950, mentions the protection
of several freedoms including the freedom to hold opinions and the freedom to impart and
receive information and ideas. This implies that citizens have the right to distribute and seek
information through all possible lawful sources. Thus, a restriction of the means in which
information is sought and imparted suggests that there is a restriction on the freedom of
expression.
Additionally, the article uses the phrase “regardless of frontiers” which indicates that the state
must allow information to be imparted and received beyond the frontiers of the country. Article
10 of the ECHR thus generally guarantees individuals’ freedom of expression and has been
implemented by the European Court of Justice (ECJ) effectively. The ECJ has also stated that the
exceptions to freedom of speech must be interpreted carefully and that any restrictions such as
the protection of public interest (relating to national security, public safety, and others), the
protection of other individual rights, and the “necessity of maintaining authority and impartiality
of the judiciary” should be established convincingly. However, each state defines on its own
what online content endangers national security.
The Council of Europe’s (CoE) Declaration on the Freedom of Expression and Information from
1982 also addresses this issue and states that the “continued development of information and
communication technology should serve to further that right, regardless of frontiers, to express,
to seek, to receive and to impart information and ideas, whatever their source. “Member states of
the CoE have agreed to objectives such as the absence of censorship or any arbitrary controls on
participants in the transmission and dissemination of information as well as the pursuit in the
public sector of an open information policy which will enhance people’s understanding of
political, social, economic, and cultural matters. In turn, they will thus also be able to
disseminate all kinds of information freely.
The CoE member states have also agreed to promote the free flow of information and expand the
scope of freedom of expression and information. Furthermore, in 1999, the United Nations
Educational, Scientific and Cultural Organization (UNESCO) also addressed the issue of
freedom of expression and the Internet in a draft called Cyberspace Law, which outlines
principles to be promoted by the UNESCO. Two key principles are included in this draft, one on
free expression and another on access to information to promote free expression and recommend
public bodies to be responsible in making public information that is accurate and timely widely
available.
Additionally, an ethics principle is outlined whereby states and users are encouraged to promote
efforts in order to develop ethical guidelines for participation in the cyberspace environment.
Having organized workshops with the International Telecommunication Union about these
subjects, UNESCO also published a standard setting report on the subject of Internet freedom
and law. Although both of the above organizations (CoE and UNESCO) do not have true
legislative authority, both point to the international political focus and awareness on cyberspace
and underline important issues that need to be touched upon in the drafting of a legal framework
regarding freedom of speech Depending on their political ideology, many countries will be more
hesitant to allow for complete freedom of speech in the cyberspace.
Although even liberal governments restrict certain aspects of cyberspace such as copyright
infringements, distribution of hate propaganda, and the sexual exploitation of children,
authoritarian governments create further limitations. After the political military coup that
occurred in 2006 in Thailand, for example, the government in Bangkok enacted and enforced
many laws preventing open political discussion. Thailand slowly developed into such a regime
that the government “sought to establish wider controls on ‘information security,’ as well as
covert and offensive minded tactics. “The first measure took place in 2007, in which the
Computer Related Offences Commission Act, or Computer Crimes Act (CCA), “provided
state
authorities with absolute powers in the surveillance, censorship, and control of Thai
communication flows on the Internet. “These historical precedents continue to influence
authoritarian governments, such as North Korea and China.
However, as technology advances and increasingly facilitates access to information, the methods
to censor and limit people’s access to certain information are also increasing. There are a lot of
ways to infringe on people’s freedom of speech without explicitly saying so. Some of these
methods include website blockage, the continuous control of filtering certain texts and posts on
social media websites, using legal provisions in order to arrest certain bloggers and journalists as
a means to incite fear in the general public and much more.
These tactics have enabled censorship to increase, as many sources responsible for such filtering
would agree with. This phenomenon is occurring worldwide and “the ways and means of
blocking political discussion, religious freedom, and reports of institutional corruption are
getting more invidious, from China to the Middle East. “Most recently, in 2012, the UN HRC
adopted its first resolution to protect the free speech of individuals on the Internet. Although
China and Cuba expressed reservations, they approved the resolution. The resolution evokes
Article 19 of the Universal Declaration of Human Rights and affirms that the rights - particularly
freedom of expression - people have offline are also applicable online regardless of frontiers. It
recognizes the Internet as a driving force in development processes, while simultaneously
indicating that the Council will continue to consider human rights in the context of the Internet
and other technologies.
From the many events like the Arab Spring to the various Occupy movements in the United
States, it can be seen that the freedom of expression in cyberspace has a great impact on what
will shape our future. At the same time, an increasing number of states are using the Internet to
spy on people, be it through journalists or citizens, in order to prosecute them and censor
information published online. It is thus important to set standards, monitor, and promote
activities of international and non-governmental organizations, and to set regulations that ensure
the safety of people but at the same time ensure freedom expression for all.

A
Closer Look at a Right: RIGHT TO PRIVACY
The right to a privacy is a liberty right, protecting an individual’s choice what to share and with
whom. Privacy concerns an individual’s autonomous development in community, and the ability
to communicate with others in order to fulfill their personal development. The right to privacy is
not simply a right to be ‘left alone’, but rather It was underscored that the right to privacy is
interlinked with the right to freedom of expression: the two are mutually dependent upon one
another and both facilitate the ability of individuals to participate in free and democratic
societies.
The origin of right to privacy can be traced back to ‘right to be let alone’. In an article published
on 15 December 1890 in the Harvard Law Review, Samuel D Warren and Louis Brandeis
adverted to the evolution of the law to incorporate within it, the right to life as “a recognition of
man’s spiritual nature, of his feelings and his intellect” . As legal rights were broadened, the right
to life had “come to mean the right to enjoy life – the right to be let alone”.

Right to Privacy and United Nations

The Universal Declaration of Human Rights, along with the two covenants- ICCPR (International
Covenant on Civil and Political Rights) and ICESCPR (International Covenant on Economic,
Social and Cultural Rights) form the Universal Bill of Human Rights and serve as the basis of
modern human rights. While these three international instruments nowhere specify right to
privacy as an essential human right, however, the interpretations of their provisions are extremely
helpful in this context. In particular, the article 17 of the ICCPR provides that no one shall be
subjected to an arbitrary or unlawful interference with his or her privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation, and that everyone has the
right to the protection of the law against such interference or attacks.
As General Assembly resolution 68/167 recalls, international human rights law provides the
universal framework against which any interference in individual privacy rights must be assessed.
While the right to privacy is not absolute, any limitation to it must: be provided by law (meaning
the law must be sufficiently accessible, clear and precise so that an individual may look to the
law and ascertain who is authorised to conduct data surveillance and under what circumstances);
be necessary for reaching a legitimate aim; and be proportionate (meaning the surveillance
activity must be in proportion to the aim and the least intrusive option available). Moreover the
limitation placed on the right (for example for the purposes of protecting national security or the
right to life of others) must be shown to have some chance of achieving that goal. There is a
burden on the authorities that sought to limit the right to show that the limitation is really
connected to the legitimate aim. Furthermore, any limitation to the right to privacy must not
render the essence of the right meaningless and must be consistent with other human rights,
including the prohibition on discrimination. Where the limitation does not meet these criteria the
limitation is unlawful and the interference with the right to privacy is arbitrary. The work of the
UN Human Rights Committee, for example in its General Comments 27, 29, 31 and 34, was
highlighted as an important source for guidance with regard to permissible limitations.
The following are the most relevant resolutions, treaties and events that have been adopted at the
international level:
● Universal Declaration of Human Rights, 10 December 1948 (Article 12 and 19, stated in
more detail in Appendix II)
● Reform of the EU’s 1995 data protection rules to strengthen online privacy rights, 25
January 2012 (Directive 95/46/EC)
● Developments in the field of information and telecommunications in the context of
international security, 9 January 2014 (A/RES/68/243)
● Panel on the Right to Privacy in the Digital Age, 15 April 2014 (A/HRC/DEC/25/117)
 ● The Right to Privacy in the Digital Age, 18 December 2014 (A/RES/69/166)

Right to Privacy and United Nations

The Universal Declaration of Human Rights, along with the two covenants- ICCPR (International
Covenant on Civil and Political Rights) and ICESCPR (International Covenant on Economic,
Social and Cultural Rights) form the Universal Bill of Human Rights and serve as the basis of
modern human rights. While these three international instruments nowhere specify right to
privacy as an essential human right, however, the interpretations of their provisions are extremely
helpful in this context. In particular, the article 17 of the ICCPR provides that no one shall be
subjected to an arbitrary or unlawful interference with his or her privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation, and that everyone has the
right to the protection of the law against such interference or attacks.
As General Assembly resolution 68/167 recalls, international human rights law provides the
universal framework against which any interference in individual privacy rights must be assessed.
While the right to privacy is not absolute, any limitation to it must: be provided by law (meaning
the law must be sufficiently accessible, clear and precise so that an individual may look to the
law and ascertain who is authorised to conduct data surveillance and under what circumstances);
be necessary for reaching a legitimate aim; and be proportionate (meaning the surveillance
activity must be in proportion to the aim and the least intrusive option available). Moreover the
limitation placed on the right (for example for the purposes of protecting national security or the
right to life of others) must be shown to have some chance of achieving that goal. There is a
burden on the authorities that sought to limit the right to show that the limitation is really
connected to the legitimate aim. Furthermore, any limitation to the right to privacy must not
render the essence of the right meaningless and must be consistent with other human rights,
including the prohibition on discrimination. Where the limitation does not meet these criteria the
limitation is unlawful and the interference with the right to privacy is arbitrary. The work of the
UN Human Rights Committee, for example in its General Comments 27, 29, 31 and 34, was
highlighted as an important source for guidance with regard to permissible limitations.
The following are the most relevant resolutions, treaties and events that have been adopted at the
international level:
● Universal Declaration of Human Rights, 10 December 1948 (Article 12 and 19, stated in
more detail in Appendix II)
● Reform of the EU’s 1995 data protection rules to strengthen online privacy rights, 25
January 2012 (Directive 95/46/EC)
● Developments in the field of information and telecommunications in the context of
international security, 9 January 2014 (A/RES/68/243)
● Panel on the Right to Privacy in the Digital Age, 15 April 2014 (A/HRC/DEC/25/117)
● The Right to Privacy in the Digital Age, 18 December 2014 (A/RES/69/166)

Invasion of Right to Privacy

As noted earlier, right to privacy is not absolute. That means, it is subject to certain restriction
which might be projected by the lawmakers. However, an attempt to infringe a person’s right to
privacy, without authorization might be considered as a criminal offence. Various nations have
enacted domestic laws and penal provisions which target the infringement of this right. Despite
this fact, invasion of individual’s right to privacy is a common phenomenon. Even in the most
developed of states, people continue to be eluded from exercising their right. And it is the
national governments which continue to be the biggest perpetrators.
In 2018, Dr. Keith Goldstein, Dr. Ohad Shem Tov, and Mr. Dan Prazeres wrote a paper listing
down most common practices by the means of which people are denied of this right.
A) State Surveillance
Surveillance is the act of observing persons or groups either with notice or their knowledge
(overt surveillance) or without their knowledge (covert surveillance). Intrusive surveillance by
private citizens may give rise to claims of invasion of privacy. There is a general perception that
every citizen is vulnerable to snooping. Worse, access to computers would enable authorities to
manipulate collected data and even a person can be framed for offences he has not committed.
Mandating sweeping powers to so many agencies without proper institutional oversight will
tantamount to muzzling the freedom of citizens.
B) Censorship
It was more difficult for autocracies to track down and burn books than it is for modern
governments to remove content from the internet. In Turkey, China, and many other countries the
internet is censored to such a point that self-censorship takes place. Individuals willing to express
themselves online are exposed to reciprocity. In most countries, some level of censorship exists.
In Israel a bill was introduced recently that would provide the court with automatic access to
remove content from online platforms. Such actions are justified as a defense against conflicts
with organizations such as Hezbollah in Lebanon that use internet platforms to initiate violent
actions and recruit agents among Arabs who hold Israeli citizenship. However, the Israel
Democracy Institute (IDI) argued against the law, as it is liable to create disproportionate
censorship in an improper legal process that has no precedent in other countries. Governments
attempt to restrict social media, but companies themselves also censor content. The internal rules
of such censoring also deserve oversight.
C) Voyeurism
The concept of Privacy entails within itself ‘reasonable assumption of no interference at a place’.
Any such invasion which hampers this assumption of an individual shall be considered as
prohibitory. Voyeurism is an offence wherein a person evades this ‘reasonable assumption’ of a
woman. According to the most widely accepted definition of voyeurism, it is an act whereby a
person either clicks a photograph or stores, by any electronic means, the image or motion picture
of any women engaging in a private act at a place where she reasonably expects to be alone or
expects to have privacy. An example of voyeurism can be installation of CCTV cameras in ladies
changing rooms at a clothing shop.
D) Privacy of Digital Property
Governments and militant organizations utilize internet censorship to shape the public's beliefs
and curb dissent. From the most developed countries to the least, examples are prevalent of
bloggers, activists, and political opponents being harassed and silenced . In the name of internet
security, users are analyzed for characteristics that predict problematic behaviors. Data is saved,
which can be used to profile individuals or groups who appear rebellious. During major protest
movements around the world, such as the Arab Spring, Occupy protests, and the Umbrella
Movement, governments were able to extract data from mobile phone users. Social media and
other online correspondence were routinely blocked or tracked to dissuade protesters. While laws
exist in most nations to protect search and seizure of physical property, such laws often do not
abide for digital property. As a result, without a search warrant, it becomes permissible to insist
that individuals forfeit access to social media accounts to gain services such as a visa to visit
another country. Repressive regimes scrutinize specific individuals as a method of
discrimination.

International Actions

While cyber security, cyber warfare, and cyber terrorism are relatively newer security threats,
many regional agreements and initiatives between states already exist to strengthen cooperation
on cyber security and deter breaches. One of the key regional conventions is the Budapest
Convention on Cybercrime (2001) adopted by the Council of Europe. The convention, which
entered into force in 2004, commits States Parties to standardize national legislation and
regulatory measures regarding cyber crime and related issues, including criminal prosecution and
jurisdiction. To address the relative novelty of cyber crime, as well as its transnational nature, the
convention takes a dual-pronged approach: tailoring domestic criminal law to prosecute instances
of cyber crime, and also creating procedures to support greater international cooperation in this
area. The convention additionally encourages greater interstate cooperation and information-
sharing regarding cyber crime and preventative security measures. While nearly all of the Council
of Europe members are States Parties, several other non-European states have also ratified the
convention. There is also an African regional convention, the African Union Convention on
Cyber Security and Personal Data Protection (2014). Adopted in 2014, this convention promotes
regional cooperation and provides a legal framework for strengthening cyber security and
combatting cyber crime. The convention was drafted to provide a holistic framework to address
the cyber security needs particular to the African continent and to prevent African states from
becoming safe havens for cyber criminals. While more than one year after its adoption it has not
yet been ratified by any signatory, many states have used it as a guide to enact domestic cyber
crime legislation. In addition to regional arrangements, several United Nations bodies have also
responded to the increasing threat of cyber warfare and cyber crime. In 1999, the GA adopted
resolution 53/70 on information technology and communications in relation to international
security, the first resolution on this topic. In addition to drawing an explicit link between
information and communication technologies (ICTs) and security, the resolution calls on states to
outline definitions and central concerns, and requests the Secretary-General prepare a report on
the topic. Since the resolution was adopted, the Secretary-General has produced several reports to
the GA outlining Member States’ perspective on the issue to share information and build
consensus on a way forward. In 2003, the GA passed resolution 58/32, which created a Group of
Governmental Experts (GGE) to assist the Secretary-General in drafting a report on cooperative
measures to combat cyber threats and strengthen cyber security measures. The GGE has been
renewed for several terms and is key in providing recommendations and guiding the work of the
General Assembly and the UN Secretariat in addressing this issue. In 2013, the GA adopted
resolution 68/167 on “the right to privacy in the digital age.” The resolution notes that while
states and international organizations should take measures to combat cyber warfare, cyber crime,
and serious informational breaches, these should not be allowed to violate human rights,
particularly one’s right to privacy. In 2014, the GA adopted resolution 69/28, based on the GGE’s
most recent report on “Developments in the field of information and telecommunications in the
context of international security.” The resolution calls on all Member States to consider pressing
cyber security threats, and to discuss and communicate strategies to combat these threats to
encourage a collaborative and multilateral approach.
Historical background and Past resolutions

At the nineteenth meeting of the sixty-ninth session of the United Nations’ General Assembly In
2014, the First Committee heard that the prospect of cyber warfare weaponry represented a
Serious threat to the “entire edifice of international security.” Although the accepted definition Of
the term ‘cyber warfare’ is, like the landscape of relevant international norms, yet to be fully
Developed, most experts agree that cyber warfare constitutes an action by a nation-state to
Penetrate another nation-state’s computers or networks that affects the latter in the way a
Conventional attack would: by way of injury or death to people or damage to or destruction of
Objects. This definition is further informed by assessment of the North Atlantic Treaty
Organization’s attempts at establishing a threshold for invocation of Article 5 of the Washington
Treaty, in the context of cyber warfare through the NATO Cooperative Cyber Defense Center of
Excellence and its Tallinn Manual on the International Law Applicable to Cyber Warfare. One
significant reason for this limited definition is the existence of widespread cyber espionage
assumed to be carried out by major powers and corporations; such acts fall short of affecting a
state in the way a conventional attack would. As a result of this limited definition, there are few
historical events that have qualified as cyber-attacks, although such events have spiked in recent
years and will be discussed below.

The following are but a handful of incidents chosen to demonstrate the variation in targets,
alleged perpetrators, and means by which and upon which cyber-attacks are launched. There are
numerous additional reports of probe attacks launched between militaries with functions similar
to periodic violations of airspace to test response time. While the scale and frequency of this
alleged brinksmanship is largely unknown, what is known is that cyber warfare’s profile is rising
in the sphere of threats to international peace and security. As a final note, and to add to the
gravity of the situation at hand, experts estimate that as of 2012, at least eleven nations have
offensive cyber warfare capabilities and at least another thirty-three possess defensive
capabilities. Additionally, states that have publicly announced the existence of specialized cyber
warfare units within their own militaries include the United States, China, the Russian
Federation, Israel, India, Germany, Iran, South Korea, and the Netherlands, again highlighting
the need for the Security Council to address this issue.

Role of International Systems and Documents

Many UN bodies are engaged in issues around cyber security and cyber warfare. In addition to
the creation of the GGE and the adoption of multiple resolutions on the topic, the GA First
Committee has sought to increase dialogue and cooperation by requesting that Member States
submit their views on international law and opportunities for cooperation in cyberspace, which
many states have done.
Many states within the GA have expressed the need to discuss concrete measures for cyber
security improvements, particularly information sharing and confidence building measures
(CBMs). The latest GGE report also provides a set of recommendations to the General Assembly,
including greater investment in researching ICT threats and increasing multilateral dialogue and
cooperation in addressing these threats. In the recently adopted resolution 69/28 on
“Developments in the field of information technology and telecommunications in the context of
international security,” the GA recognized the importance of greater cooperation on this topic but
did not provide for any concrete action to achieve it.
The GA added this topic to the provisional agenda of the Assembly’s 70th session, and the issues
were discussed in the October 2015 meetings in the First Committee. Some Member States stated
their belief for the need of a comprehensive, overarching approach to cybersecurity that
accounted for state specific security “deficiencies,” while others maintained that existing
international law was best for “cyber-stability” and information security with the addition of
specific cyber-related provisions; the different perspectives on cyber security highlight the
fragmentation amongst Member States on achieving unified solutions.
The International Telecommunication Union (ITU), the UN agency focused on information and
communication technology, is heavily involved within this topic. The ITU writes reports and
recommendations on increasing technological and telecommunications access, as well as
identifying emerging threats and challenges. In 2007, the ITU launched the Global Cybersecurity
Agenda (GCA), a collaborative platform to encourage cooperation and information-sharing on
cyber-security centered on the following five pillars: legal measures, technical and procedural
measures, organizational structures, capacity building, and international cooperation. The GCA is
guided by the High-Level Experts Group (HLEG), a group of cyber-security experts, which
provides information and recommendations on strengthening cyber security to Member States
and relevant stakeholders working on this issue.
The ITU also hosts the World Summit on Information Societies (WSIS), an intergovernmental
forum established in 2001. While the fundamental goal of WSIS is to universalize access to ICTs,
it also notes that to build a global information society, there must be “a global culture of
cybersecurity” to protect users and encourage broader use and applications. In 2005, WSIS
agreed to a set of outcome goals contained within the Tunis Agenda for the Information Society.
The goals include expanding access to information technologies, encouraging international and
regional cooperation, including capacity-building and information-sharing, and building
confidence and enhancing security measures in the use of ICTs. In December 2015, the GA will
hold the WSIS+10 Review to evaluate the implementation and achievement of these goals on a
national and international level.

Artificial intelligence (AI) and Human Rights

Recently, companies like Facebook, Apple, Google were questioned on whether the users storing
their data is accessible to others or not.
But what made people reach to this stage that they started questioning their privacy? It’s when
they started observing the advertisements on the websites were personalized based on their
internet browsing. This is what artificial intelligence is about in the cyber world, artificial
intelligence might be making our lives easy, but on the other hand invading our privacy to make
lives better. While some feel that AI can’t progress without collecting data while some feel it’s an
invasion of our privacy and our data shouldn’t be shared for the purpose of progress.
The biggest case renowned is the Facebook-Cambridge Analytica case. The Facebook–
Cambridge Analytica data scandal was a major political scandal in early 2018 when it was
revealed that Cambridge Analytica had harvested the personal data of millions of people's
Facebook profiles without their consent and used it for political purposes;
You can find more about the case in a simple explained way on this link:
https://www.vox.com/policy-and-politics/2018/3/23/17151916/facebook-cambridge-analytica-tru
mp-diagram

Cyber Crime

During the 10th United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, two definitions were developed within a related workshop: Cybercrime in a narrow
sense (computer crime) covers any illegal behaviour directed by means of electronic operations
that target the security of computer systems and the data processed by them. Cybercrime in a
broader sense (computer-related crimes) covers any illegal behaviour committed by means of, or
in relation to, a computer system or network, including such crimes as illegal possession and
offering or distributing information by means of a computer system or network.

One common definition describes cybercrime as any activity in which computers or networks are
a tool, a target or a place of criminal activity. There are several difficulties with this broad
definition. It would, for example, cover traditional crimes such as murder, if perchance the
offender used a keyboard to hit and kill the victim. Another broader definition is provided in
Article 1.1 of the Stanford Draft International Convention to Enhance Protection from Cyber
Crime and Terrorism (the “Stanford Draft”), which points out that cybercrime refers to acts in
respect to cybersystems.

Role of UNCTAD in cyberworld

UNCTAD is the part of the United Nations Secretariat dealing with trade, investment, and
development issues. The organization's goals are to: "maximize the trade, investment and
development opportunities of developing countries and assist them in their efforts to integrate
into the world economy on an equitable basis". UNCTAD was established by the United Nations
General Assembly in 1964 and it reports to the UN General Assembly and United Nations
Economic and Social Council.

The primary objective of UNCTAD is to formulate policies relating to all aspects of development
including trade, aid, transport, finance and technology. The conference ordinarily meets once in
four years; the permanent secretariat is in Geneva.
On 24th April 2017, the UNCTAD had a meeting where they discussed the concerns of cyber
crime and laws. Governments and individuals are increasingly concerned about the rise of
cybercrime and its consequences on privacy and security online. The traditional cybersecurity
strategies include both technical and legal remedies. According to UNCTAD's Cyberlaw Tracker,
about 75% of the countries in the world had adopted cybercrime laws as of January 2017. The
challenges lie increasingly in building capacity with respect to domestic enforcement and
international cooperation. In order to address these needs, this session will introduce new multi-
disciplinary tools developed in cooperation among and synthesizing best practices identified by
several institutions including the World Bank, the International Telecommunication Union (ITU),
Council of Europe (CoE) the Oxford Cybersecurity Capacity Building Centre, UN Office on
Drugs and Crime (UNODC), UN Interregional Crime and Justice Research Institute (UNICRI),
the Supreme Prosecutors Office of the Republic of Korea and UNCTAD.1

Why do we need cyber laws at all?

Systems across the globe have many different rules governing the behavior of users. These users
in most of the countries are completely free to join/ leave any system whose rules they find
comfortable/ not comfortable to them. This extra flexibility may at times lead to improper user
conduct. Also, in the absence of any suitable legal framework, it may be difficult for System
Administrators to have a check on Frauds, Vandalism or Abuses, which may make the life of
many online users miserable.

This situation is alarming as any element of distrust for Internet may lead to people avoiding
doing transactions with online sites thereby directly affecting e-Commerce growth. The (Mis)Use
of Internet as an excellent medium of communication may in some situations lead to direct
damage to physical societies. Non-imposition of taxes on online transactions may have its
destructive effect on the physical businesses and also government revenues. Terrorists may also
make use of web to create conspiracies and make violence in the society.

1
https://unctad.org/en/pages/MeetingDetails.aspx?meetingid=1306
Therefore, all of us whether we directly use Internet or not, will like to have some form of
regulation or external control for monitoring online transactions and the cyber world for
preventing any instability.

A
nother Right in Focus: RIGHT TO FREE SPEECH & EXPRESSION
In today’s age of technology, the advent of the Internet and cyberspace raises crucial and
complicated questions regarding human rights. The growing controversy surrounding freedom of
speech in cyberspace has caused the international community to begin to examine the issue and
call for action. The existence of cyberspace has given freedom of speech an entirely new platform
and context. The Internet has made it significantly more realistic for individuals to share
information with the world and has become the most commonly used form of communication to
this day. As a result, the need to establish a set of rules that both protect individuals’ freedom of
speech in cyberspace and provide limitations and regulations that ensure control and preservation
of safety has become apparent. It is widely accepted throughout the international community that
the freedom of expression is a fundamental civil liberty of all human beings. Yet, when it comes
to cyberspace, this basic liberty must be carefully and fully assessed, as it can lead to a number of
dangers and issues. In particular, problems pertaining to national security (i.e. terrorism),
children, pornography, slander, and obscenity can arise. These threats demonstrate the necessity
of the international community to find a solution that will safeguard freedom of expression, while
minimizing the threats of cyberspace. Hence, the debate about freedom of speech in cyber-space
is dominated by the question to what extent governments can control the information on the
Internet that its citizens have access to; as a multifaceted issue, it is crucial that government
censorship be examined carefully. The purpose of this committee is to devise a definition of
freedom of speech - with an emphasis on cyberspace - and to recommend to Member States how
they can efficiently tack-le the abovementioned significant threats. This committee will need to
work comprehensively to find a solution which will balance freedom and safety. In approaching
this topic, each delegate should start by considering certain key questions. What content is
acceptable or unacceptable in cyberspace? How do existing restrictions on free speech translate to
cyberspace? What can the international community do in order to protect individuals in all
countries from punishment and power abuse received for stating opinions publicly or online? Do
(or to what extent should) governments have the authority to censor and control the information
of its citizens? How will it be determined as to what is dangerous or offensive information?

Current Situation
As new technologies like the internet have transformed and revolutionized the way people live,
governments have had to continuously revise and reshape their nations’ legislation accordingly.
For example, with respect to Article 19 of the International Covenant on Civil and Political
Rights, there are two conditions that are used to calculate what aspects of freedom of expression
are protected under international law. The first stipulates that national legislation, along with
international law, must establish comprehensive standards, which every person in that population
has access to. The second asserts that the freedom of expression can only be limited when it
serves to protect the “rights or reputations of others” and “for the protection of national security
or of public order, or of public health or morals. “While international laws and regulations that
concern freedom of expression in cyberspace are already in place, every nation has its own
understanding of the best way to approach this topic. Many states feel strongly that an
unrestricted and unchecked freedom of speech could result in causing several serious problems.
Moreover, a number of nations take the position that it is best for the country, and thereby for its
citizens, to censor, regulate, and even suppress users who attempt to communicate and transmit
information on the Internet.

Considerations for Policy Formations

1. Recommendations to Security Council
As the Human Rights Council does not possess sufficient power to form binding
solutions, States and other organizations are free to heed the council’s advice or not. If
 delegates believe that the state of mass surveillance is severe enough to call for sanctions
and condemnations towards offending States to immediately cease all surveillance
operations, a recommendation to a more powerful body such as the Security Council
would be required. While this option may look enticing to staunch defenders of human
rights, it also comes with complications. First of all, a recommendation can by nature be
rejected, and given that every single P5 nation has documented government surveillance
projects to its name, a rejection is the most likely outcome. The second, and perhaps even
more challenging, obstacle is that such a resolution can seem overly hostile. Many
countries in the world practice --overtly or covertly--some kind of widespread
surveillance or data interception, and would not likely sign a self-punishing solution.
Some could also find it outright offensive if the United Nations acts aggressively and
criticizes their national security measures.
2. New Legislations and Protection
Creating a new international framework and recommending governments to review and
update existing legislation is undoubtedly the most moderate solution. Nevertheless, there
are also many practical challenges that come with it, including the obvious challenge of
respecting national sovereignty and security measures while adopting legal framework
that successfully maintains each individual’s fundamental human rights. Such legal
framework would require Member States to be more precise and explicit in explaining
their purpose for a privacy breach. The council can also take the European Union’s
framework as a shining example of safeguarding private information such as IP addresses.
Three ideas can be copied on a larger scale: anonymization, which means obscuring or
removing information that would lead to identification as a person; purpose limitation,
which requires data collectors to have a specific purpose to collect and use
personal data; and consent to process personal data, which necessitates users to be
completely informed then explicitly agree and give consent to the datacollector. These
methods from the European Union’s Privacy Law can be used to great success, but further
development and reform will still be necessary. Since technology is constantly improving,
Member States will have to ensure that the legislation is reviewed and updated
accordingly to prevent them from becoming antiquated or irrelevant. The legislation
should also recognize the private sector as a crucial aspect of issue and adequately address
the impact of corporations. To prevent countries from receiving surveillance aid from
third-party organizations or corporations, the legislation will finally need to focus on
increasing transparency. By focusing on the legal framework, all parts of the legal system
--including the law and courts--are strengthened.

3. Respecting Sovereignty
The third possible solution would be to resign to the fact that technology’s rapid
advancement means that we will never be able to catch up to its byproducts. The council
could accept that with technology comes a price to pay in human rights. Not to mention
that many States and their security agencies keep their operations strictly confidential. For
example, no one would have known of the NSA’s projects had it not been for Snowden’s
 leaks. If the surveillance operations are kept hidden from the world, there is little that can
be done and any new legal frameworks could simply be ignored. Under the table deals are
inevitable, meaning that the world will truly never be completely rid of mass surveillance.
Instead, the council can either openly embrace mass surveillance for all its security
benefits or remain passive as to not escalate the situation. By acknowledging surveillance
as an intrinsic facet of society in the digital age, the United Nations would also avoid
implicating the many States worldwide practicing mass surveillance and any animosity
that would come as a result. The problem is, however, that the United Nations will receive
heavy backlash from any States or third-party organizations that prioritize human rights or
are vehemently opposed to surveillance.

Questions to Consider
1. Should governments have the authority to censor and control the information of its citizens?
2. Is it within the rights of the government to be able to control the content on the Internet? 3.
Does the plethora of terrorist attacks call for increased cyber monitoring?

4. Does it violate the covenants to freedom of speech that have previously been established by the
United Nations?
5. If the government should have the authority to censor the Internet under what circumstances is
this acceptable?
6. Will censorship restrict the rights of citizens?

Part V: Description of Agenda (2)

“Protection of Right to Education & Livelihood of women and Children in Post Conflict Regions”

What is a Conflict Zone?

The term “conflict” is derived from the Latin “to clash or engage in a fight”, and it indicates a
confrontation between one or more parties aspiring towards incompatible or competitive means
or ends. Conflicts, if controlled or managed constructively, do not lead to violence. Some
conflicts are “mutually satisfactory while others end up frustrating one or all parties”.
Three general forms of conflict: interstate, internal, and state-formation conflicts. Interstate
conflicts are disputes between nation-states or violations of the state system. Examples of
internal and state-formation conflicts include civil and ethnic wars, anti-colonial struggles,
secessionist and autonomous movements, territorial conflicts, and battles over control of
government.
Some conflicts are country-wide (Rwanda), and others are localized in specific parts of a country
(Sudan). Their origins, often multifaceted, range from ethnic and economic inequalities, social
exclusion of sectors of the population, social injustice, competition for scarce resources, poverty,
lack of democracy, ideological issues to religious differences (Nigeria and Sudan), and political
tensions. The conflicts in the Sudan, Burundi, and Rwanda are, in large measure, the result of
historical discrepancies between the ethnic or tribal components of the population. As of
November 2011, the number of counties listed as being involved in an on-going conflict stands at
56.
On the other hand, post-conflict is a “conflict situation in which open warfare has come to an
end. Such situations remain tense for years or decades and can easily relapse into large-scale
violence”. In post-conflict areas, there is an absence of war, but not essentially real peace.
Lakhdar Brahimi states that "the end of fighting does propose an opportunity to work towards
lasting peace, but that requires the establishment of sustainable institutions, capable of ensuring
long-term security." Prolonged conflict can lead to terrible human loss and physical
devastation;
it can also lead to the breakdown of the systems and institutions that make a stable society work,
and these are the very systems that need to be revived.

POST-CONFLICT PEACEBUILDING
Barnett et al. divides post conflict peacebuilding into three dimensions: stabilizing the post-
conflict zone, restoring state institutions, and dealing with social and economic issues. Activities
within the first dimension reinforce state stability post-conflict and discourage former
combatants from returning to war (disarmament, demobilization and reintegration, or DDR).
Second dimension activities build state capacity to provide basic public goods and increase state
legitimacy. Programs in the third dimension build a post-conflict society's ability to manage
conflicts peacefully and promote socioeconomic development.
There are many different approaches to categorization of forms of peacebuilding among the
peacebuilding field's many scholars.
 Intergovernmental organizations
The United Nations participates in many aspects of peacebuilding, both through the
peacebuilding architecture established in 2005-6 and through other agencies.

● Peacebuilding architecture
o UN Peacebuilding Commission (PBC): intergovernmental advisory body that brings together
key actors, gathers resources, advises on strategies for post-conflict peacebuilding and
highlights issues that might undermine peace.
o UN Peacebuilding Fund (PBF): supports peacebuilding activities that directly promote post-
conflict stabilization and strengthen state and institutional capacity. PBF funding is either
 given for a maximum of two years immediately following conflict to jumpstart peacebuilding
and recovery needs or given for up to three years to create a more structured peacebuilding
process.
o UN Peacebuilding Support Office (PBSO): supports the Peacebuilding Commission with
strategic advice and policy guidance, administers the Peacebuilding Fund and helps the
Secretary-General coordinate UN agencies' peacebuilding efforts

Other agencies

Peacebuilding Portal: provides information and develops communication networks in the

peacebuilding community to build local, national, intergovernmental and nongovernmental
organizations' capacity

UN Department of Political Affairs: postconflict peacebuilding

UN Development Programme: conflict prevention, peacebuilding, postconflict recovery

The World Bank and International Monetary Fund focus on the economic and financial aspects
of peacebuilding. The World Bank assists in post-conflict reconstruction and recovery by helping
rebuild society's socioeconomic framework. The International Monetary Fund deals with post-
conflict recovery and peacebuilding by acting to restore assets and production levels.

ROLE OF WOMEN IN PEACEBUILDING

Women have traditionally played a limited role in peacebuilding processes even though they often
bear the responsibility for providing for their families' basic needs in the aftermath of violent
conflict. They are especially likely to be unrepresented or underrepresented in negotiations,
political decision-making, upper-level policymaking and senior judicial positions. Many societies'
patriarchal cultures prevent them from recognizing the role women can play in peacebuilding.
However, many peacebuilding academics and the United Nations have recognized that women
play a vital role in securing the three pillars of sustainable peace: economic recovery and
reconciliation, social cohesion and development and political legitimacy, security and governance.
At the request of the Security Council, the Secretary-General issued a report on women's
participation in peacebuilding in 2010. The report outlines the challenges women continue to face
in participating in recovery and peacebuilding process and the negative impact this exclustion has
on them and societies more broadly. To respond to these challenges, it advocates a
comprehensive 7-point action plan covering the seven commitment areas: mediation; post-
conflict planning; financing; civilian capacity; post-conflict governance; rule of law; and
economic recovery. The action plan aims to facilitate progress on the women, peace and security
agenda. The monitoring and implementation of this action plan is now being led jointly by the
Peacebuilding Support Office and UN Women. In April 2011, the two organizations convened a
workshop to ensure that women are included in future post-disaster and post-conflict planning
documents. In the same year, the PBF selected seven gender-sensitive peacebuilding projects to
receive $5 million in funding.

Porter discusses the growing role of female leadership in countries prone to war and its impact on
peacebuilding. When the book was written, seven countries prone to violent conflict had female
heads of state. Ellen Johnson-Sirleaf of Liberia and Michelle Bachelet of Chile were the first
female heads of state from their respective countries and President Johnson-Sirleaf was the first
female head of state in Africa. Both women utilized their gender to harness "the power of
maternal symbolism - the hope that a woman could best close wounds left on their societies by
war and dictatorship."

Now when we talk about the role of women we must also focus on the aspect of protecting the
rights of women. Hence the subsequent part of this study guide deals with the protection of
women’s rights putting special emphasis on Protection of right to livelihood and right to
education.

Women and land

Women face a wide range of issues when it comes to access, use and control over land and its
productive resources. In many countries, the lack of secure tenure, control and ownership of land,
and discrimination in inheritance, are a few causes that negatively impacts women's livelihoods,
food security, economic independence and physical security.

Realizing Women's Rights to land in Realizing Women’s Rights to Land and Other
Productive Resources

UN-Women and OHCHR publication provides guidance for lawmakers and policymakers, as
well as civil society organizations and other stakeholders, to support the adoption and effective
implementation of laws, policies and programmes to respect, protect and fulfill women’s rights to
land and other productive resources.

Forced eviction and displacement from land

Forced evictions constitute gross violations of a range of internationally recognized human rights,
including the human rights to adequate housing, food, water, health, education, work, security of
the person, freedom from cruel, inhuman and degrading treatment, and freedom of movement.
Forced evictions are often linked to the absence of legally secure land tenure.

Land and conflict

Land is a central element in conflict and post-conflict situations. Deliberate destruction and
unlawful acquisition of land, land-related resources as well as land records are often results and
drivers of today’s armed conflicts. In the post-conflict phase, the restitution of housing, land and
property for returning refugees and internally displaced persons (IDPs) is a fundamental part of
reconstruction and peace-building.

Land and governance

Governance of land is central to the protection and promotion of human rights. In 2012, the
Committee on World Food Security endorsed the “Voluntary Guidelines on the Responsible
Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security”
(external link). This intergovernmental negotiated text provides guidance to improve the
governance of tenure of land with the overarching goal of achieving food security for all and to
support the progressive realization of the right to adequate food in the context of national food
security.

Right to Livelihood Internationally

The right to an adequate standard of living is recognized as a human right in international human
rights instruments and is understood to establish a minimum entitlement to food, clothing and
housing at an adequate level. The right to food and the right to housing have been further defined
in human rights instruments.

The right to an adequate standard of living is enshrined in Article 25 of the Universal Declaration
of Human Rights (UDHR) and Article 11 of the International Covenant on Economic, Social and
Cultural Rights. The most significant inspiration for the inclusion of the right to an adequate
standard of living in the UDHR was the Four Freedoms speech by US President Franklin
Roosevelt, which declared amongst others the "freedom from want". Fulfilment of the right to an
adequate standard of living depends on a number of other economic, social and cultural rights,
including the right to property, the right to work, the right to education and the right to social
security. There have been a number of proposed policies to guarantee people a basic standard
of living through the concept of offering a basic income guarantee essentially gifting all citizens
a basic level of "free money" in order to meet basic needs such as food and shelter.

The right to livelihood is also enshrined in the Convention on the Elimination of All Forms of
Discrimination against Women, which aimed to create conditions under which women and
mothers would be economically secure and independent. The Convention requires states to end
discrimination against women in relation to employment and other economic activities.[19] The
right to an adequate standard of living is reiterated in the Convention on the Rights of the Child
with Article 27 recognising ever child's right to a standard of living adequate for the child's
physical, mental, spiritual, moral and social development. The parents of the child have primary
responsibility to secure this right within their abilities, while the state must take appropriate steps
to assist parents and others responsible for children. States must if necessary provide material
assistance, particularly in relation to nutrition, clothing and housing.
RIGHT TO EDUCATION OF CHILDREN- CONCEPT NOTE

Conflicts provide no exception to the Convention on the Rights of the Child, which elaborates in
article 28 the right of the child to education. The Convention recognizes the right of every child to
a free primary education, and encourages the development of secondary education that is
accessible and available. Indeed, schooling can be all the more important for children and families
in times of crisis. Unfortunately, huge challenges have to be overcome to maintain education
systems in countries at war or in post-conflict situations. A number of measures are urgently
needed to preserve and protect the right to education for children affected by war. We should not
ignore the valuable contribution that education can make as an efficient means to promote
reconciliation and peace.

Schooling: perspectives for the future and a means to get back to life

Schooling is no more a luxury in wartime than in times of peace. On the contrary, during times of
conflict, education is indispensable for teaching behaviours that can help children protect
themselves and their families. They can gain knowledge crucial to survival, such as a basic health
education, personal safety information, and learning about landmines and how to avoid them. In
war-torn countries, education is not only a way of teaching children life skills, but it can also help
healing and rehabilitation. At school, children have access to training that gives them hope and
teaches them skills for the future. Children benefit from the contact with other children and
teachers, which helps them preserve their physical as well as psychological health. Children
attending school in times of conflict have a sense, although limited, of normality, of confidence
and of security, which protects them from depression and isolation. Keeping schools open or
reopening schools is a way of maintaining or reintroducing normal life into a community and
reassures children and their parents. School enrolment serves as a ‘barometer’ of a community’s
perceived hope for the future. For example, since the end of the Rwandan crisis, 67% of children
have been enrolled in more than 2,000 primary schools across the country—a tremendous sign of
confidence in the nation’s future.

The difficulties of preserving education in wartime

The destruction of educational infrastructure is one of the most serious setbacks a country can
face. Schools and teachers are often deliberate targets in wartime. About 45% of primary schools
in Mozambique were destroyed during the war. In the Rwandan conflict, more than 60% of the
teachers fled the country or were killed.3 When a country loses the means to provide instruction to
its children and this situation continues for years, it can contribute to further, longer-term
instability—as education is a key factor in poverty alleviation and development. Even when
education is maintained during the conflict, if teachers are killed, flee or become combatants
themselves, who will teach the children? More often than not, after the conflict countries face a
lack of school staff and a broken infrastructure. In wartime, children might be internally displaced
or become refugees, with obvious detrimental consequences on their education. A nomadic
existence as a displaced child eliminates any hope of regular school attendance. Those who arrive
in refugee camps might be sick or malnourished, and their health problems can be exacerbated by
the difficult living conditions found there—such as a lack of food, adequate sanitation or drinking
water. Furthermore, in chaotic camps children are easy prey for economic or sexual exploitation.
Even when schools and pupils remain in place during a conflict, the instruction they receive is of
lesser quality. Teachers often have to deal with increased numbers of students as whole families
and communities flee the violence in other areas. Educational materials are often in scarce supply,
and school premises might be damaged or destroyed outright. Despite these difficulties,
communities can and do rise to the challenge of maintaining or re-establishing education during or
after a conflict. In Tanzania, after the influx of half a million refugees from Rwanda in 1994, an
emergency education system was set up: makeshift schools were hastily built with rocks and logs
thus enabling 65% of refugee children to have access to a minimum level of education. In Eritrea,
in the 1980s, classes were held under trees, in caves or in camouflaged huts. In Afghanistan,
women risked their lives to set up underground classes for their daughters. The challenges to
educators do not stop with the end of a war. For example, the sanctions against Iraq, established by
the United Nations Security Council on 6 August 1990, led to an alarming drop in that country’s
educational level. A decade later teachers are poorly paid and still lack adequate teaching
materials. Children, suffering from hunger, are less assiduous in class. Many have to work after
their lessons or quit school altogether to contribute to the family. Children in war have
special needs. In a climate of fear and instability, it is hard to create an atmosphere of confidence
conducive to learning. Children might have witnessed persecution or massacre of their family or
community members. Suffering from malnutrition and lacking adequate healthcare, they can be
physically and psychologically damaged. Often the teachers, themselves similarly afflicted, do not
know how to manage or have the tools to do so. Child soldiers constitute a special challenge for
education systems already under strain. Children as young as 10 have been recruited by armed
combatants. They witness atrocities and sometimes commit them, frequently doing so under the
influence of drugs. Children might feel invincible because of their soldier status, and at the same
time they are frightened and vulnerable children. By the time they are demobilized—if they are
demobilized—they have known only violence, death, hatred and vengeance. They may have been
deprived of healthy emotional, intellectual and physical development. Many have become socially
isolated and should have the opportunity to benefit from psychological support services, which are
usually desperately lacking in the post-war society. Reintegrating these children into the education
system poses many difficulties. They sometimes prefer to quit school rather than feel the
humiliation of studying with younger children. If they are readmitted to school, how can a child sit
next to a former child combatant, when the former has lived with the brutality of the latter? Some
schools refuse to admit former child soldiers for fear of violence that could ensue. These children
are sometimes rejected by their own families because they are considered a disgrace. The only
chance for reintegrating such children into society is through psychological support and
specialized education.

Measures to protect education in emergencies

Despite the fact that international humanitarian law protects education and its infrastructures even
in times of conflict, schools and education systems are too often targets. The international
community should demand that combatants respect education infrastructures. Security Council
resolution 1261 of 25 August 1999 condemned ‘attacks on objects protected under international
law, including places that usually have a significant presence of children such as schools and
hospitals’ and called ‘on all parties concerned to put an end to such practices’. Governments
should commit themselves to protect these places so that they would constitute ‘peace corridors’
where children would be safe from the conflicts that ravage their countries. Children in refugee
camps should be grouped together to receive basic instruction essential to their future and be
involved in educational activities that teach them the principles of equality, of nondiscrimination
and of respect for the rights of others. Even in make-shift classrooms children can learn to respect
others and how to work together. Special training could be given to teachers so that they would be
able to recognize signs of psychological trauma in children—specifically victims of displacement,
bereavement and abandonment. Teachers should be able to direct these children to psychological
support services that could help them get out of the vicious circle of hatred and vengeance. Of
course, this means that countries must provide the resources for such services. In developing
countries, out of the 130 million children who have never attended school, at least two-thirds are
girls. Ensuring that girls get back to school after a conflict has disrupted their studies is especially
urgent. Girls who have access to education have better life chances and wider opportunities than
ones who have never attended school.

Education as a means to restore peace

After a conflict ends, rebuilding education infrastructures, training teachers, gathering and
distributing educational materials must be prioritized. In addition, specific programmes need to be
implemented to address the special needs of children in a post-conflict society.

The United Nations Children’s Fund (UNICEF), the United Nations High Commissioner for
Refugees (UNHCR), the United Nations Educational, Scientific and Cultural Organization
(UNESCO), the United Nations Development Programme (UNDP), the International Committee
of the Red Cross (ICRC), as well as many NGOs are deeply committed to developing and
implementing educational projects that raise awareness about human rights, humanitarian law,
tolerance, peaceful settlement of disputes and conflict management. These programmes address
essential coping skills and long-term development needs of both children and the community as a
whole. In 1989, UNICEF helped the Lebanese government and 240 NGOs train 10,000 young
people who, in turn, organized educational activities that reached a further 200,000 children. The
aim of these activities was to promote reconciliation, conflict resolution and reconstruction. In
1996, under the auspices of UNICEF and in collaboration with the Movement for Peace, millions
of children and adults in Colombia mobilized to put an end to violence and work for peace and
social justice. They forced the then-government to make this objective a priority. UNICEF also
supports programmes that respond to the psychological needs of displaced children and help
prepare them for peace. In Colombia, the programme El Retorno de la Alegria (The Return of Joy)
engages displaced teenagers in therapeutic games as well as recreational activities to help them
recover from psychological trauma. In Rwanda, children learn collaboration and conflict
resolution skills thanks to cultural and recreational activities. In Sri Lanka, which has been beset
by civil war for more than fifteen years, the curriculum includes lessons on conflict resolution.
Similar initiatives exist around the world. In Liberia, UNHCR and Save the Children have
provided psychosocial support to ex-child soldiers among refugees from Sierra Leone. They have
offered them remedial courses as well as vocational training. UNHCR also trained teachers and
community leaders to better meet educational needs in Kenya and Guinea. Schools for refugee
children provide classes on peace and life skills, as well as teacher training on these matters. In
1999, UNESCO supported groups of young Kosovars who organized sport and cultural activities
for teenagers in six refugee camps in Albania. They were involved in the management of the
camps and ensured the security and cleanliness there. They also communicated vital information
about landmines. The ICRC is committed to giving children other perspectives for their future
through education, training and work. It tries at the same time to dissuade them from military
recruitment. Many NGOs also work in the field, rebuilding schools, training teachers and
providing educational materials.

All of these initiatives are encouraging, but much remains to be done. Civil society organizations
and NGOs have taken a leading role in raising awareness and demanding accountability of states
regarding their treaty commitments. The Watchlist on Children and Armed Conflict oversees a
network of local, regional and international NGOs to share information and influence decision-
making to protect children. Could such networks include in their efforts a focus on promoting
education programmes and vocational training during periods of conflict? The international
community should be encouraged to respect the fundamental rights of children during armed
conflicts, especially the prohibition to recruit persons under the age of 18 into the armed forces
and their participation in hostilities. This presupposes that age 18 be recognized throughout the
world as the age of majority, despite of cultural differences, as well as establishing systems for
birth registration records where none exist. On 12 February 2002, the Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflicts entered into force.
This protocol imposes more rigorous limits on the recruitment of children in armed conflicts. It
remains to be seen how well this Protocol will be respected. Additionally, the United Nations
General Assembly’s special session on children took place in New York from 8 to 10 May 2002.
It aimed at enabling the international community to take stock of progress towards the protection
of children since the 1990 World Summit for Children. Many were disappointed at the plan of
action, as it reiterated past commitments and did not strengthen a followup mechanism. It appears
that it will continue to be NGOs, rather than governments, at the forefront of advocating the
importance of education in times of conflict, and children’s rights in general. One important civil
society initiative is the Global Campaign for Education, a network of development NGOs and
teachers’ unions operating in 180 countries. The Campaign seeks to hold governments responsible
for the fact that 125 million children worldwide are denied access to basic education. But
universal primary education will be an impossible goal if we do not develop strategies to
specifically address the education needs of one of the most disadvantaged groups—children in
conflict and post-conflict situations. Only worldwide mobilization of civil society and public
opinion will force the stakeholders to take action. The Global Campaign for Education has
launched a massive public awareness campaign to hold governments, the international financial
institutions, international organizations and aid agencies accountable for their promises to
children. It is initiatives such as this one, rather than high-level statements and promises, that will
ensure that every child’s right to an education, even those in conflict zones, is respected.

Note: To better understand the role of UNHRC in post conflict zones and the aspects related to
it refer to A/HRC/27/57 (the link is given below)
https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A-HRC-27-57
_en.doc