DHAMUN 15 General Assembly Chair Report

Transcription

1 DHAMUN 15 General Assembly Chair Report Measures to Prevent Violations of the Universal Declaration of Human Rights in the United States of America Co-Chair: David Munoz DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 1

2 Table of Contents I. Introduction 3 II. Definition of Key Terms 3 Human Rights Error! Bookmark not defined. Universal Declaration of Human Rights 4 III. General Overview 5 1. Injustices Towards Different Peoples 5 i. Michael Brown and Ferguson Case 5 IV. Major Parties Involved and their Views 6 1. US Human Rights Network 6 2. International Labor Organization 7 V. Timeline of Events 7 VI. Previous Attempts to Solve the Issue 8 VII. Relevant United Nations Documents & Other Sources 9 1. Universal Declaration of Human Rights 9 2. United Nations Human rights Treaties 9 3. united Nations Committees on Human Rights 9 VIII. Questions to Consider 9 IX. Possible Solutions 10 X. Conclusion 10 XI. Bibliography 11 DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 2

3 I. Introduction While social strife and inequality is constantly bombarding every corner of the globe, many nations look to the United States as the flag bearer of the Universal Declaration of Human Rights. Recently though, that title has been jeopardized by several cases of human rights violations in the US itself. With the shootings of Trayvon Martin in 2012 and Michael Brown in 2014, leaked documents by Edward Snowden in 2013 that demonstrated the extent of government spying, and recent immigration crises, the USA has been put under large scrutiny. Many believe that although the nation appeared to have a promising future in human rights, these recent and current events prove otherwise. Although it may seem as if the United States is failing as a model for human rights around the world, movements in the nation have sought to ameliorate the many issues that the country is currently faced with. In the 20 th century, feminist and civil rights movements began to improve the social position of their respective denominations. Even today these groups along with other groups such as; immigrant, marriage equality, and the poor, have made great steps towards equal human rights for every American citizen. Article 2 of the Declaration of Human Rights states that everyone is entitled to all the rights and freedoms without distinction of any kind, which is the ultimate goal for all countries, especially one of the world leaders such as the USA. Delegates will need to rely upon the Declaration of Human Right s as an indicator of the current human rights situation in the United States. Furthermore, delegates must devise a plan of action that clearly outlines and discusses the human right s violations in the United States to create a better nation that can better serve its role as a model for other nations worldwide. Human Rights II. Definition of Key Terms According to the OHCHR, human rights are defined as rights inherent to all human beings, whatever [their] nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. Many of these rights, such as the right to life and liberty, are DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 3

4 outlined in the UN Universal Declaration of Human Rights. Human rights are usually defined by these 4 characteristics: Universal and Inalienable: Every nation has ratified at least one human rights treaty, therefore all people are legally entitled to these rights. Additionally rights cannot be taken away except in some situations where legal processes allow them to be restricted. Interdependent and Indivisible: All human rights are interconnected, one cannot progress without the other. If one right is improved, so will all the others, and vice versa if a right is deprived. Equal and Non-Discriminatory: One of the defining principles of human rights, provides no discrimination on the basis of (but not limited to):! Sex! Race! Language! Religion! Political Views Obligation: States are obligated to fully respect, protect, and fulfil international laws pertaining to human rights. This characteristic also obligates nations to prevent other groups from infringing on the human rights of their own people. Furthermore, individuals should also respect the rights of others. Universal Declaration of Human Rights Regarded as the epitome of human rights treatises, the Universal Declaration of Human Rights clearly outlines all of the rights that humans are endowed with from birth. Nation states often look to this document to settle internal disputes over the rights of certain peoples. Within the declaration s 30 articles lie the basis for an equal and just world for all of its inhabitants. 1. Injustices Towards Different Peoples III. General Overview DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 4

5 Even after decades of reform, racial, gender, and economic injustices continue to plague the United States of America. Just recently, seemingly race related shootings by police officers in different locations of the country have sparked several riots and protests. A 23 cent gap still exists between men and women in the workplace, even in the same types of jobs. With the current minimum wage salary, most low income families cannot garner enough money to support their families, and therefore are largely disadvantaged in many societal aspects. These aspects are some of the most outstanding violations of the Declaration of Human rights that are still prevalent in the United States. i. Michael Brown and Ferguson Case On August 9th, 2014 police in Ferguson, Missouri shot and killed a black 18 year-old, Michael Brown. In the community and around the country, many saw Brown as another victim of racial profiling by the police. As the weeks continued and the grand jury deliberated, the crowds of Ferguson kept stirring. Finally, the grand jury decided on not indicting Officer Wilson of murder, or any charge for that matter. At that point, Ferguson exploded into riots, and all across the country people were infuriated by the decision which many thought was heavily biased by the race of the victim. Many theories came about as to what happened on that fateful night, some say it was just another act of racial profiling, others think it was just a police officer doing his job. Witnesses reported seeing an altercation between Brown and Wilson minutes before the shooting, and Officer Wilson testified that Brown attempted to reach into the vehicle and reached for his gun. Soon after that two shots were fired, one of them was found lodged into Officer Wilson s door and the other grazed Michael Brown s palm as is evidenced by the postmortem examination and the blood on the car and on Officer Wilson s clothing. Mr. Brown then allegedly tried to escape the scene and started to run away from the officer s car at which point Wilson pursues Brown. At this point, witness statements begin to waver, some say Mr. Brown never moved as he was shot, and others claim that he started to move towards Officer Wilson, there were some that claimed Brown charged at Officer Wilson. Ultimately, the most credible event, and the only real explanation for the shooting, was that Brown did in fact, charge at Officer Wilson. A postmortem examination by a private doctor, DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 5

6 and evidence found at the scene, it was concluded that 12 shots were fired into Michael Brown at the time of the incident. After receiving all the evidence, the grand jury which consisted of 9 white jurors and 3 black, deliberated for 25 days over a period of 3 months. Unlike many other cases, they interviewed over 60 witnesses and questioned Officer Wilson for 4 hours. This seemed rather out of line, for many grand jury cases take only days to conclude, and only entertain limited witnesses. Long deliberation led to the decision that Officer Wilson was not guilty of any crime and would not have to serve any time or pay any fine. Calm protests in the town of Ferguson quickly evolved into riots, many shops and other businesses around the area of the shooting were looted by the rioters. Police attempted to use tear gas and rubber bullets to stop the masses, but to no avail. Governor Jay Nixon was obligated to deploy the Missouri National guard in an attempt to quell the unrest. With the county police and the National Guard, riots diminished, but the damage around Ferguson was evident. Many shops were vandalized, and some were even burned down by the rioters, police blamed these events on the largely black protesters and rioters. The events that happened on the night of Michael Brown s shooting and on the days of the Ferguson riots have been linked to the continuing problem of racial inequality in the country. Several sources claim that the killing would not have occurred if Brown was not black, and that the decision to not indict Officer Wilson was clearly biased by the largely white grand jury. Whatever the reasons for the shooting, and the decision, it is still clear that the issue of race is still prevalent in the United States even decades after the Civil Rights Movement that aimed to terminate this very prominent injustice. 1. US Human Rights Network (U.S.H.R.N.) IV. Major Parties Involved and their Views Based in the United States this organization hopes to create a more cultured society in the United States where there are no human right s violations. This Organization consists of many smaller organizations and grassroots movements all across the nation. Some of the more notable groups they have established and continuously aid are the: Convention Against Torture (CAT) and DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 6

7 the International Convention on the Elimination of all forms of Racial Discrimination (ICERD). These two groups actively attempt to improve the human rights situation in the USA. Along with funding many groups, the USHRN encourages people to uphold and defend human rights and hold government accountable. This organization is crucial in this debate as it is the largest United States based organization that actively calls and works for greater human rights in the United States. 2. International Labor Organization (ILO) The ILO is an international organization that works with the United Nations to provide labor and human rights to the people in all of its 185 member states and the rest of the world. By partnering with the United Nations, the ILO has become a powerful voice in the fight for labor equality. With their Decent Work plan, the ILO hopes to provide more jobs, and greater job equality for all. Some of the major goals that this organization hopes to accomplish are: gender equality in the workplace and higher job opportunities for the lower class. Although it is not based in the United States, the ILO s job standards and overall mission heavily applies to the current job situation in the United States V. Timeline of Events Date August 18, 1920 Tennessee becomes the 36 th state to ratify the 19 th amendment which allows women to vote. By doing this, the amendment became obligatory for all states to follow. June 25, 1938 President Franklin D. Roosevelt signed the Fair Labor Standards act, the first real law that assured a secure work environment for laborers around the country. December 10, 1948 UN General Assembly adopts the Universal Declaration of Human Rights ensuring people the world over their basic human rights. This began a new brighter era in the struggle for human rights. DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 7

8 July 2, 1964 The serving president, Lyndon B. Johnson votes in the Civil Rights Act, making it illegal to segregate people in the country based on their race, color, sex, or national origin. All public facilities would now be forced by law to be unsegregated, and would now have to allow all races, genders, and peoples. January 1, 2014 Although faced with large opposition, President Barack Obama signed in the Affordable Care Act in 2010, but its effects went into action at the beginning of This act provides healthcare for those who could previously not afford any type of healthcare. VI. Previous Attempts to Solve the Issue All the most prominent attempts at improving human rights in the US have already been mentioned. Some of these like the 19 th amendment, the Civil Rights Act, the Fair Labor Act, and the Affordable Care act have made great strides to creating a more just nation for all. Because of those laws, women can vote, people of color are seen as equals, laborers can go to work knowing that they have some security, and the less fortunate are able to live a healthier life. These great steps have made the United States one of the most prominent nations in the continuing struggle for human rights. While the improvements made by these laws are clear, they do not encompass the entirety of their respective issues. As is clear, racism, gender inequality, and poverty are all still present, and in some cases even rampant in the United States. In the case of the Civil Rights Act, the 19 th Amendment, and the Fair Labor Act, the issues at hand were monumental. Although segregation was banned, the civil rights act did nothing about the continuing discrimination and hate directed towards the African American and Non-US National public. Years of racial issues had already set into the minds of many, and the single Civil Rights Act could only do so much. Similar issues troubled the 19 th Amendment, although in the voting booth, women were seen as equals, in the workplace they still face challenges due to gender discrimination. Even today, thousands die each year due to work related injuries, and child labor continues to be as real now as it was 70 years ago, even with the Fair Labor Act in place. There have been great improvements since the 20 th century, but the laws passed then can no longer resolve these increasingly complex issues. VII. Relevant United Nations Documents & Other Sources DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 8

9 1. Universal Declaration of Human Rights - As stated before, the most influential human rights document that has been passed by the United Nations to date. Provides a framework for most human rights legislation around the world including legislation created in the United States of America. 2. United Nations Human Rights Treaties - Here you will find a complete list of all United Nations Treaties on Human Rights. Contains 18 different treaties that address topics such as gender and racial discrimination. All these documents have been ratified by the United Nations and are currently active. 3. United Nations Committees on Human Rights- A comprehensive list on all active UN committees on the issue of human rights. This page also has links to the more specialized pages of each committee where more detailed information on each respective committee can be found. Each committee is specialized in a certain type of human rights and can aid to understand the issue of human rights better. VIII. Questions to Consider 1. Why have there been many cases of racial injustice where the legal system did nothing? 2. What are some standards for work equality that could encompass all people? 3. How can those standards be created, and put to use? 4. What makes these standards acceptable for everyone? 5. How does equality differ from fairness? What about equity? 6. How can the government ensure fairness in different aspects of society to the entirety of the population? 7. What constitutes an acceptable minimum wage? 8. What obstacles could be faced while trying to improve different areas of human rights such as gender equality, right to one s body, and racial discrimination? DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 9

10 9. How can these obstacles be overcome? 10.How can it be insured that organizations created to better human rights are doing so in the people s best interest? 11.What constitutes injustice, and inequality, be it in the workplace or in social situations? IX. Possible Solutions Solutions that may come about must be able to address all the areas of injustice in the United States and must also provide a way to continuously improve the human right s status in the country. Delegates must consider that the issue at hand is multilayered and that each one of those layers must be addressed seeing as human rights is an interdependent issue where one factor directly affects the other. Therefore, delegates must set standards for human rights such as a minimum wage, and equal pay for people of different race and gender. Additionally, solutions should include a course of action for any possible infringements of the Declaration of Human Rights. These could include fines, or jail time, punishments that would best fit the severity and type of offense that could be committed. Delegates should consider the establishment of organizations such as the USHR that could aid in the improvement of human rights around the nation. Solutions listed above are not entirely conclusive nor are they perfect; delegates are motivated to find other solutions and improve on those that have already been listed. X. Conclusion Since the ratification of the Universal Declaration of Human Rights in 1948, the United States has been an international model for human rights. Activist movements in the 20 th century seemed to have put an end to all the human right s violations in the United States. People of color could finally live an unsegregated life and vote, women were given the same voting rights as men, and workers all across the nation felt safe rather than terrified when at work. Years later, those movements appear to have only slowed down the progression of these major issues. Racial injustice is rampant in many parts of the country, leading people to riot and call for rights that they are supposed to be entitled to. Women who are just as competent as the men they share work with are not being monetarily recognized as much as their male counterparts. Some of the poorest people in the country cannot begin to improve their lives due to the low pay DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 10

11 and often biased job market. Issues that seemed of the past 50 years ago, are now more prominent than ever before. Delegates must devise a way to recreate and reform on the standards set in later years, while also adhering and respecting those set in the Declaration of Human Rights. It must be noticed, that although seemingly general, the issue of human rights is incredibly complex at must be dealt with thoroughly. As congresswoman Kay Granger stated, human rights are not a privilege granted by the few, they are a liberty entitled to all, and human rights, by definition, include the rights of all humans, those in the dawn of life, the dusk of life, or the shadows of life. As a pillar for international human rights, the United States must carry this message forth by allowing all of its citizens this basic liberty that they are entitled to. XI. Bibliography "Civil Rights Act." History.com. A&E Television Networks, n.d. Web. 04 Feb < "Core International Instruments." Core International Instruments. Office of the High Commissioner for Human Rights, n.d. Web. 07 Feb < Grossman, Jonathan. "Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage." DOL. US Department of Labor, n.d. Web. 7 Feb <http%3a%2f%2fwww.dol.gov%2fdol%2faboutdol%2fhistory%2fflsa1938.htm>. "Human Rights Treaty Bodies." Human Rights Treaty Bodies. Office of the High Commissioner for Human Rights, n.d. Web. 07 Feb < "Interactives. DNA. Implications & Ethics." Interactives. DNA. Implications & Ethics. Annenberg Learner, n.d. Web. 05 Feb DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 11

12 "International Convention on the Elimination of All Forms of Racial Discrimination." UNHR. Office of the High Commissioner for Human Rights, n.d. Web. 7 Feb <http%3a%2f%2fwww.ohchr.org%2fen%2fprofessionalinterest%2fpages%2fcerd.aspx>. "The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights." UN News Center. UN, n.d. Web. 7 Feb < "What Happened in Ferguson?" The New York Times. The New York Times, 12 Aug Web. 25 Jan < "Womens Rights." History Net Where History Comes Alive World US History Online RSS. History Net, n.d. Web. 7 Feb < DHAMUN 15 GENERAL ASSEMBLY CHAIR REPORT 12