General Assembly, Third Committee Social, Cultural and Humanitarian (GA3-SOCHUM)

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1 General Assembly, Third Committee Social, Cultural and Humanitarian (GA3-SOCHUM) Background Guide Written By: Tasha Jhangiani, Jacob Guthrie & Victor Wang, Case Western Reserve University The General Assembly allocates to SOCHUM agenda items relating to a range of social, humanitarian, and human rights issues that affect people all over the world. As in previous sessions, an important part of the work of the Committee will focus on the examination of human rights questions, including reports of the special procedures of the Human Rights Council. The Committee also discusses questions relating to the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to self- determination. In addition, the Committee addresses important social development questions such as issues related to youth, family, ageing, persons with disabilities, crime prevention, criminal justice, and international drug control. I. The Rights of Internally Displaced Persons (IDPs) Statement of the Issue Internally displaced persons, as defined by the United Nations Guiding Principles on Internal Displacement, are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border. 1 Unlike refugees, who have an internally recognized legal status, IDPs are entirely dependent on their own governments, which are often the same governments that displaced them in the first place. 2 1 Emergency Handbook, United Nations High Commissioner for Refugees, Accessed 4 Jan Karasapan, Omer. The internally displaced in the Middle East and North Africa: Harbingers of future conflict?, Brookings Institute, 5 July 2017, Accessed 4 Jan

2 History There is currently no universal instrument in place that protects the rights of IDPs. In 1998, the UN General Assembly and the UN Commission on Human Rights noted the Guiding Principles on Internal Displacement. 3 Although these principles are nonbinding, they have received significant support from the international community at large. More recently in in 2009, the African Union adopted the Kampala Convention on IDPs. 4 This regional convention is a crucial first step in the protection of IDPs in a continent that has been very affected by displacement. 5 Current Situation By the end of 2016, there were 40.3 million internally displaced persons as a result of conflict, violence, and natural disaster. This number has doubled since 2000 and has faced a significantly sharp increase in the past five years. 6 A total of 31.1 million people became displaced in million due to conflict, and 24.2 million due to climate and weatherrelated disasters such as violent storms, floods, wildfires, and harsh winter conditions. 7 Over two-thirds of all disaster-related displacements in 2016 took place in East Asia and the Pacific approximately 16.4 million, or 68%, China, the Philippines, and India accounted for the highest numbers. Small, low-lying island states, such as Fiji and Tonga, account for two of the ten countries with the largest per capita disaster displacements. 8 Heavy rains and floods in Ethiopia forced 300,000 people to flee after several months of severe drought and food insecurity. Sudan was also left struggling after floods forcibly displaced 123,000 people. DRC, the country with the most new displacements associated with conflict in 2016, was also hit by floods that displaced several hundred thousand people. 9 The Middle East and North Africa has an extremely high percentage of IDPs. Internal displacement figures look particularly bleak and reflect ongoing and new conflicts in Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Nigeria, South 3 Internally Displaced Persons and International Humanitarian Law. International Committee of the Red Cross. Found at Accussed 4 Jan Pg. 1 4 Ibid, 1. 5 Ibid, 1. 6 Internal Displacement Monitoring Center. Global Report on Internal Displacement, Norwegian Refugee Council, Accessed 4 Jan "2017 Global Report on Internal Displacement." Internal Displacement Monitoring Center, Norwegian Refugee Council, Highlights_embargoed-EN.pdf. Accessed 4 Jan Ibid., 6. 9 Ibid., 7 2

3 Sudan, Somalia, and the Sudan. 10 Syria, with over 12 million out of a population of 22 million were forcibly displaced, represents the largest source of refugees and IDPs in the world. 11 Syria has 3 million IDPs as of March 2017; however, data is inconclusive as to whether Mosul s IDPs are accounted for in this statistic. 12 Yemen, currently undergoing a cholera epidemic and facing severe famine, had 3.1 million IDPs as of May The return of all IDPs to their original homes and localities is unlikely, due to the destruction of communities and settlers moving into unoccupied territory. 14 Analysis Generalized and criminal violence are two harmful factors against IDPs. Generalized violence may be gang-related or criminal, or it may be particularly violent against certain minority ethnic, religious or political groups. 15 It may be caused by specific events such as an election, or it may be associated with development projects. It can affect a small, localized group or a large, widely dispersed community. 16 Intimidation, harassment, or the threat of violence can also cause displacement. Many regions, particularly Central America, have been affected by this generalized and gang-related violence. 17 Additionally, when it comes to IDPs, greater attention to development-induced and business-related internal displacement is desperately needed. International laws and standards are given little to no regard when approving development projects or granting concessions to business that end up resulting in displacement. 18 There is a lack of national, regional, and global figures of those who have been internally displaced by development and business enterprises compared to conflict and disaster-related displacement, with researchers estimating as many as 15 million per year. 19 Development-induced displacement may increase in countries moving from developing to developed and/or from low to middle to high-income, owing to factors including exploiting previously untapped natural resources, increasing energy requirements, 10 Global Trends - Forced Displacement in 2016, United Nations High Commissioner for Refugees, Accessed 4 Jan Karasapan, Omer. The internally displaced in the Middle East and North Africa: Harbingers of future conflict?, Brookings Institute, 5 July 2017, Accessed 4 Jan Ibid. 13 Ibid. 14 Ibid. 15 "2017 Global Report on Internal Displacement." Internal Displacement Monitoring Center, Norwegian Refugee Council, Highlights_embargoed-EN.pdf. Accessed 4 Jan Ibid., Ibid., Ibid., Ibid., 16. 3

4 urbanization, and population redistribution. 20 Large-scale projects and activities, such as mining, dam building, and military installations, can cause displacement. Additionally, smallscale development projects can be just as damaging; however, these are often difficult to identify and track. 21 One of the most pressing issues facing Internally Displaced Persons is the vulnerability of their respective states. Those states which produce the most IDPs such as South Sudan, Iraq, Syria, Colombia, and many more tend to be both politically and economically unstable; thus, it is difficult for these individuals to find shelter, both literally as well as from the hostilities they fled to begin with. In over a third of the countries which produce the most IDPs, these individuals were displaced multiple times due to poor economic conditions or continued violence. 22 These chronically displaced persons tend to be displaced for upwards of five years, and lack a prospect of finding a safe place to stay and reintegrate into society. 23 The Kampala Convention, a 2010 summit by the African Union, laid out a legally-binding framework to address the underlying issues behind chronic displacement. Specifically, it attempts to address the social and economic exclusions that occur within nations with high numbers of IDPs that prevent them from reintegrating into society. 24 This piece of legislation has been adopted as a sort of golden standard in addressing chronic displacement and attempting to curb the vulnerabilities of IDPs within their respective nations. Its most significant weakness is that it s specific to the African Union that leaves 62% of IDPs, specifically those displaced by conflict, uncovered by targeted, legally-binding legislation. 25 Given that many IDPs reside in nations that are developing, increased industrialization has had immensely negative impacts. Not only are these individuals left vulnerable economically due to the economic transitions taking place, but also the land consumed by multinational-fueled development programs frequently causes significant amounts of displacement. As nations in the Global South embrace neoliberal trends in foreign direct investment, there is an abject lack of consideration for those being forced from their homes in order to build industry. For examples, in 2015 over 10,000 residents of the Badia east 20 "2017 Global Report on Internal Displacement." Internal Displacement Monitoring Center, Norwegian Refugee Council, Highlights_embargoed-EN.pdf. Accessed 4 Jan Ibid., Global Overview 2015." Internal Displacement Monitoring Center, edited by Jeremy Lennard, Norwegian Refugee Council, May 2015, / global-overview-2015-en.pdf. Accessed 4 Jan Ibid. 24 "Kampala Convention", African Union, 23 Oct. 2009, _- _kampala_convention_african_union_convention_for_the_protection_and_assistance_of_internally_displaced_pe rsons_in_africa_e.pdf. Accessed 4 Jan Internal Displacement Monitoring Center. Global Report on Internal Displacement, Norwegian Refugee Council, Accessed 4 Jan

5 community in Nigeria were evicted from their homes for the construction of a metropolitan development program without being properly compensated or a structured resettlement program. 26 This gross exploitation of local and indigenous populations for the sake of development causes approximately 15 million people to be displaced worldwide each year. 27 Though the aforementioned Kampala Convention addresses this issue specifically, there lacks a substantive set of regulations on the processes for development projects driven by governmental claims of eminent domain. Those communities most strongly disaffected by these projects are consistently the most vulnerable within a nation and thus are consistently overlooked during development. Gender-based violence and discrimination is another significant vulnerability of IDPs within the international community. Women and girls constitute a majority of all IDPs worldwide, and find that both within camps and without sexual assault, stigmatization, and marginalization are a significant part of the IDP experience for women. 28 The UNHCR outlines several risk factors, specifically: breakdown of family and community support systems; the presence of armed forces or combatants; weak legal systems and law enforcement; laws and practices that reinforce gender discrimination; inadequate access to shelter, food, water and fuel; and inadequate access to livelihood opportunities. 29 Thus, it is the responsibility of this body to try and mitigate these risk factors as much as possible, especially for those groups of individuals considered the most at risk, such as the elderly, children, individuals with disabilities, members of the LGBTI+ community, and women heads of households. 30 Conclusion When considering the issue of IDPs, the actions of the international community have found increasing futility as the scales of international conflict become evermore disastrous for the civilians finding themselves stuck in the eye of a storm, either literal or figurative. These persons often find themselves, ultimately, stateless; governments meant to protect them perpetuate the conflicts which had caused the displacement to begin with, and in other cases simply lack the resources to mitigate natural disasters. 26 Adeola, Romola. "What does development-caused displacement look like in Africa?." Internal Displacement Monitoring Center, Norwegian Refugee Council, 7 Dec. 2016, Accessed 4 Jan Pg Ibid. 28 "Global Overview 2015." Internal Displacement Monitoring Center, edited by Jeremy Lennard, Norwegian Refugee Council, May 2015, / global-overview-2015-en.pdf. Accessed 4 Jan Emergency Handbook, United Nations High Commissioner for Refugees, Accessed 4 Jan Ibid. 5

6 The status of an IDP is also one of the strongest compounding factors of intersectional oppression which can be found in the international community because of the disastrous toll it takes on women, ethnic and religious minorities, as well as the young and the old. In such dire times, it is the responsibility of the UN to not only act in mitigating forces of displacement, but to also protect those displaced; in that regard, its efficacy is arguable at best. Questions To Consider How should the UN define the term Internally Displaced Persons? Should this definition create a stratification of aid between IDPs and refugees? Should the UN even address issues of IDPs? Is it better to leave the responsibilities in the hands of the host nation, within their sovereign borders? Should Member States work to integrate IDPs into their new communities, or should they be held in temporary areas until they re able to return? How should Member States address the issue of IDPs within the borders of other nations? Should there be extra burden on those nations considered more economically developed? What are the cultural and economic implications of mass internal migration, and how should the UN best address those facets of the issue? What can bordering nations do in order to ensure their sovereign integrity and prevent international refugee crises? What kinds of NGOs would be best employed in handling crises pertaining to IDPs? Are they already on the ground in those nations, or should they be asked to provide more expansive aid? How should the UN incentivize those nations considered more economically developed to assist with issues pertaining to IDPs? How can they improve upon tactics which have already failed? How is the role of women affected during IDP crises? How should the UN best address and prevent stratified treatment on the basis of gender? How should the UN address displacement caused by natural disasters as opposed to military conflict? How will this impact those nations considered more developed, such as China and the US, which produce significantly more IDPs within that category? Global Report on Internal Displacement." Internal Displacement Monitoring Center, Norwegian Refugee Council, Highlights_embargoed-EN.pdf. Accessed 4 Jan

7 I. The Rights of Children of Incarcerated Parents Statement of the Issue The rights of children of incarcerated parents are often pushed aside, due to the fact that they are typically unacknowledged by social service systems. Children often fall through the cracks due to inadequate social welfare provisions, a lack of clarity in the law and policy as to how to respond to them, and inadequate protection for children who may be living in prisons. 32 Due to their invisible and highly vulnerable position in society, these children often become collateral victims of incarceration in both developed and developing nations. They often face higher risk of serious mental illnesses, poverty and homelessness, dropping out of school, teen pregnancy, sexual victimization, and becoming entangled within the criminal justice system. 33 Furthermore, children often have to contend with the breakup of their family and may be forced into alternative care where they may be at further risk of violence, neglect, and exploitation. Additionally, losing their primary caregiver often leaves these children at risk of financial hardship and would make it more difficult to access quality healthcare services and education. 34 In a situation where the child is not separated from the parents, the child also faces risks of living with parents in detention facilities. 35 History The only set of international standards that provides some safeguards for children imprisoned with their parents is the 2010 UN Rules on the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders (the Bangkok Rules ). 36 Although the rules are designed for women offenders, some of the rules, especially those relating to parental responsibilities, are applicable to male offenders who may be parents. These Rules include: Non-custodial alternatives to custody should be applied wherever possible if someone facing imprisonment has sole caring responsibilities Children must be taken into account at all stages of a parent s contact with the criminal justice system 32 Children of Incarcerated Parents. Penal Reform International, 33 The International Coalition for Children with Incarcerated Parents (INCCIP). inccip.org/. 34 Children of Incarcerated Parents. Penal Reform International, 35 Ibid, n.p. 36 Ibid, n.p. 7

8 The decision as to whether a child is to be separated from its mother (or father) must be based on individual assessments and the best interests of the child Children in prison with their mother (or father) should never be treated as prisoners and their experience must be as close as possible to life for a child outside Mothers/fathers must be allowed as many opportunities as possible to see the children who are imprisoned with them. 37 On a regional level, the African Committee of Experts on the Rights and Welfare of the Child has published their first General Comment on Children of incarcerated and imprisoned parents and primary caregivers (Article 30 of the African Charter on the Rights and Welfare of the Child). 38 These, however, are only regional standards. An additional action taken by the United Nations is the creation of the U.N. Declaration of the Rights of the Child. One of the most universally adopted Declarations that the UN has drafted, this particular convention goes through, in explicit detail, the safeties that Member Nations should afford for all children. Though, much like the Universal Declaration of Human Rights, it is all encompassing, it outlines basic principles that this body should consider relevant to the enforcement of any kinds of protections. For example, Principle 6 states the child, for the full and harmonious development of his personality, needs love and understanding. 39 Without a parent or an adequate social services program, it is impossible for children to receive the kind of development outlined previously. Furthermore, in 2011, the UNCHR s Committee on the Rights of the Child committed its Day of General Discussion specifically to this topic. 40 In doing so, they produced a list of recommendations in regard to the steps in which the international community should follow. In some nations, the issue was raised, children are maintained in the prison with their parents; though this potentially provides a positive parental presence in their life, for their emotional development, it brings into question the major shortcomings of almost every prison system: overcrowding, poor living conditions, and a limited availability to health and education services. 41 Besides what is outlined above, there are no international standards set in place to protect the children of incarcerated parents. 37 Children of Incarcerated Parents. Penal Reform International, 38 Ibid, n.p. 39 Ibid, n.p. 40 COMMITTEE ON THE RIGHTS OF THE CHILD 30 SEPTEMBER 2011: REPORT AND RECOMMENDATIONS OF THE DAY OF GENERAL DISCUSSION ON CHILDREN OF INCARCERATED PARENTS. Office of the High Commissioner for Human Rights, United Nations. 41 Ibid. 8

9 Analysis The children of incarcerated parents are at risk of social exclusion due to the stigmatization related to parental imprisonment, and they face severe discrimination due to their parent s status as a suspect, defendant, or convicted prisoner. Part of the stigma results from the assumption that the children will become delinquent or criminal just like their parents. 42 This has been referred to as courtesy stigma, a stigma placed on individuals who are not deviant themselves. Additionally, a change in family composition can be devastating for the children of incarcerated parents, not just emotionally and psychologically, but also economically. For those parents who were in the workforce prior to being incarcerated, the loss of income can be significant. 43 Furthermore, multiple studies have found an association between incarceration and subsequent delinquency / contact with the criminal justice system. This increased risk of future law-breaking behavior is most likely a contributing factor to the stigma associated with being a child of an incarcerated parent. Several international coalitions have started coming together in an attempt to alleviate some of the more pressing issues regarding these children. For example, the International Coalition for Children with Incarcerated Parents is an international organization dedicated towards the advocacy of the children of incarcerated parents. Developed in the aftermath of the aforementioned Committee on the Rights of the Child Day of General Discussion, the INCCIP spearheads international discourse on the issue though conferences and forums. 44 They have a very detailed outline of all of the ways that children are most strongly impacted by their parents being incarcerated, have a wealth of resources to point one towards learning more about the topic, as well as representing a variety of nations. 45 This group is one of the leading body dedicated solely towards the topic at hand. SOCHUM should not necessarily use their resources explicitly, but rather research their techniques and methods in order to develop a stronger plan of action or any at all. This body should look into other groups similar to the INCCIP to look into a consensus for methodology into the current issue; there is unity within the community beyond simply We support the children and it is necessary that as a body that a definitive methodology is found. Questions to Consider 42 Luther, Kate. Stigma Management among Children of Incarcerated Parents. Deviant Behavior, vol. 37, no. 11, 2016, pp Miller, Keva M. The Impact of Parental Incarceration on Children: An Emerging Need for Effective Interventions. Child and Adolescent Social Work Journal, vol. 23, no. 4, 2006, pp The International Coalition for Children with Incarcerated Parents, n.p. 45 Ibid, n.p. 9

10 How should, if at all, the approach to handling the issues at hand be differentiated between those nations considered more or less developed? To what extent does improving the humanitarian situation of children of incarcerated parents mean reforming the prison system as a whole? How do immigrant detention centers and mass deportations affect these children and how should this body address their protection? How should existing UN bodies and NGOs collaborate to develop a holistic approach to the issue? To what extent should the UN mandate action, and to what extent should NGOs take the lead? How should SOCHUM best address its information gaps and pioneer superior research techniques? How could the UN best address those nations which have not yet ratified or adopted the Convention on the Rights of the Child and other important documents? Where should this body draw the line between state infringement and respecting sovereignty fully? When should protections for these children begin? Before, during, or after birth? And how should Member States treat the mothers of these children as their differentiated protections begin? To what extent should a parent s sentence s duration be impacted by the birth of a child and that child s development? Should SOCHUM recommend alternative forms of incarceration? Should more research be carried out to investigate the impact thereof? 10