"Do not follow where the path may lead. Go instead where there is no path and leave a trail." Muriel Strode UMMUN 2007.

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1 Background Guide Human Rights Council

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3 Dear Delegates, Welcome to the Human Rights Council for! We re very excited about this year s topics Combatting Terrorism and Human Trafficking and look forward to lively and interesting debates. We hope that this committee will provide a forum for both UMMUN veterans and newcomers to exercise their powers of persuasion, compromise and diplomatic skill. Your director this year will be Laura Frank, and your assistant directors will be Elizabeth Reeths and Anna Lembryk. Laura is a senior majoring in Political Science and Latin American Studies. She is a native of Bethesda, Maryland and has participated in Model UN, in various capacities, since freshman year of high school. Elizabeth is a junior from Muskegon, Michigan. She is studying English and Political Science. Anna is a sophomore from Jackson, Michigan studying German and Economics. As you research the topics, please pay special attention not only to learning your country s positions, but also to devising creative possible solutions to these very serious issues. If you have any questions about the committee or topics, or about UofM in general, please do not hesitate to ask any of us. We look forward to seeing you in January! Sincerely, Laura Frank Elizabeth Reeths Anna Lembryk

4 Table of contents... Page Committee Background... 1 Mission Statement... 1 Topic Overviews... 1 Topic A: Combatting Terrorism... 2 Background... 3 Current Situation... 4 Bloc Positions... 5 Focus Questions... 6 Important Research Links... 6 Topic B: Human Trafficking... 7 Background... 7 Current Situation... 8 Bloc Positions Focus Questions Important Research Links References... 13

5 Committee Background 1 The Human Rights Council was established in April 2006 as a replacement for the UN Commission on Human Rights (UNCHR). The Council consists of a body of 47 rotating seats, with 13 seats for Africa, 13 for Asia, 6 for Eastern Europe, 8 for Latin America and the Caribbean, and 7 for the Western Europe and other states. The first meeting of the Council was held in June Mission Statement The Human Rights Council is responsible for promoting 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. The Council also addresses situations of violations of human rights, including gross and systematic violations, and makes recommendations thereon. Topic overviews Combatting Terrorism In combating terrorism, governments often feel the need to cross lines and use methods which would usually be considered unacceptable in normal crime fighting activities. The UN Security Council has passed resolutions stating that all actions combatting terrorism must be in compliance with international human rights laws, but critics believe that some states still go too far. The non-governmental organization Human Rights Watch has publically criticized Russia and China for human rights violations in fighting separatist movements within their countries. In other cases, including the U.S. and Turkey, governments have been criticized for using anti-terrorism laws against peaceful activists. But, do states need such leeway in order to protect their citizens from potential threats? The Council will consider human rights guidelines for states facing terror threats, and the issue of human rights vs. national and global security. Human Trafficking Human trafficking is a widespread global human rights issue that often goes unnoticed by both the public and government officials. Women are particularly vulnurable to this practice, which involves the slavery-like sale of human beings into forced labor or sex-related servitude. As the Human Rights Council, it is imperative to tackle these abuses which many governments have allowed to happen. Large scale events such as the 2006 World Cup in Germany create the perfect situation for human trafficking, especially when governments do little to curb the problem. In countries such as Germany, where prostitution is legal, the problem of human trafficking becomes even more complicated. The Council would discuss ideas to increase awareness and improve legislative approaches to this important issue of human freedom.

6 Topic A: Combatting Terrorism 2 In war, participants whether they be soldiers or civilians are guaranteed certain rights under internationally recognized treaties of war. These binding agreements, most notably the Geneva Conventions of 1948, require captured enemy soldiers and civilians to be protected from violations of their basic human rights. In previous eras these treaties were enough to ensure that the human rights of all people were respected even during times of conflict, when other rights might be forgotten. However, in recent years a new kind of war has been declared a War on Terrorism and this new type of conflict has created ambiguities as to the definitions of soldier and civilian, which may potentially lead states to disregard standard human rights practices when dealing with combatants who fall into neither of these categories. For some, this more lenient attitude towards human rights standards when dealing with alleged terrorists is a necessary security precaution terrorists do not follow the laws of war, and so in order to be effective, the efforts to fight them must also be allowed exceptions from historical norms. For others, the idea that alleged or proven terrorists do not deserve the same protections of their human rights is an unconscionable breach of the spirit of established international law and the standards of morality owed to one s fellow men. Still others believe in a middle ground, one in which human rights practices may be bent, but not broken, in the pursuit of those who use unconventional warfare to terrorize civilians. The challenge of the Human Rights Council is to establish a new norm to be followed by its member states regarding the rights of people accused of terrorism.

7 Background 3 The Geneva Conventions pertaining to the treatment of prisoners of war and the protection of civilians during war were adopted by the international community in Under Convention III, prisoners of war are required to be humanely treated at all times and protected against acts of violence, intimidation and public humiliation. Civilians are afforded the same protections, with the added stipulation that they not be targeted for reprisals or coerced into divulging information. However, terrorists (or freedom fighters, depending on your perspective) do not fall under either of these traditional definitions of the parties of war. Of course, they are clearly not civilians because they are fighting, but they are also not soldiers in a regular army. According to the convention, the only types of organized resistance movements (not regular armed forces) that are recognized are those who have either a clear chain of command, a fixed distinctive sign recognizable at a distance, carry arms openly or conduct their operations in accordance with the laws and customs of war. Terrorists, who often derive their effectiveness from a lack of just such these things fixed organizational structures, recognizable markings and open combat are thus not protected by the standards of the Convention if they are captured. Nevertheless, while it is easy to define what a terrorist is not, it is much more difficult to define what a terrorist is. Each nation has its own definition, with some states including all types of resistance movements against an established government and others including only those who deliberately target civilians. For our purposes, we will define a terrorist according to the description provided by a UN panel in 2005, as a person who commits an act, "intended to cause death or serious bodily harm to civilians or non-

8 combatants with the purpose of intimidating a population or compelling a 4 government or an international organization to do or abstain from doing any act." Current Situation Over the past few years international focus has centered on the decision of the United States to apply special human rights standards to the detainees accused of terrorism at Guantanamo Bay and other holding facilities around the world. In October 2006, President Bush announced a new law allowing for tough interrogation techniques and military trials for terrorism suspects in U.S. custody. Human rights groups say they are concerned about the admission of evidence attained through coercion and allege that the tough interrogation techniques will include such inhumane acts as sleep deprivation and induced hypothermia. The law "omits certain violations from the list of acts that are war crimes under U.S. domestic law," according to the Red Cross. The law also says the president can "interpret the meaning and application" of international standards for prisoner treatment. But, counterterrorism efforts today are not limited to the much-publicized politics of the United States. In September 2006 Russian authorities were criticized for allegedly physically abusing and forcing vodka down the throat of a man accused of blowing up a gas pipeline in Tatarstan, a republic within Russia. Russia has also been accused of major human rights violations in its dealings with the Chechen rebels, who it has labeled terrorists. In Uganda, human rights advocates say a detainee charged with being a member of a rebel group was tortured and electrocuted to death last May after being taken to a safe house, outside of the normal detention system.

9 And counterterrorism efforts can also affect the rights of internal dissidents, 5 who may not have committed violent acts. According to Human Rights Watch, a leading non-governmental advocate of human rights, China has used counterterrorism measures to suppress ethnic minorities by linking terrorism, separatism and religious extremism under a single banner. This has led to a policy of religious persecution and extreme prison and labor sentences after inadequate trials (Eurasia). Such allegations have also been made in countries around the globe, including Uzbekistan, Turkey, the U.S., and throughout Europe. Bloc Positions Many European countries have criticized the harsh attitude the United States has adopted on the treatment of terrorism suspects, pointing to poor treatment at Guantanamo Bay and the torture and humiliation at the Abu Ghraib prison in Iraq as indications that the U.S. has gone too far in disregarding human rights norms. However, many European countries have also proved reluctant to take decisive action or even to remove their own citizens accused of terrorism from U.S. facilities into their own custody, and some have come under fire for their own mistreatment of prisoners. Britain has even proposed the sending terrorism suspects to countries with more lax standards on the use of torture (Roth). Allies of the U.S. in its War on Terror often try to distance themselves from specific acts, but support the overall harsher treatment of terrorism suspects proposed by the U.S. President Vladimir Putin of Russia takes a more decisive view and has argued that international rules should be ignored in the war on terror in order to ensure security. Many

10 other countries in the Central Asia region have embraced counterterrorism as a 6 justification for harsh reprisals against internal dissidents. However, this is not limited to one particular region, and there has been evidence of it throughout the world. Focus Questions Insert text here Research Links The Universal Declaration of Human Rights. The Geneva Conventions. Human Rights Council The International Red Cross. Amnesty International. Human Rights Watch. <- tons of critiques of specific countries/regions The New York Times Especially: Who Owns the Rules of War? by Kenneth Anderson. 13 April 2003.

11 Topic B: Human Trafficking 7 The 2006 World Cup brought together dozens of nations and millions of people. Overshadowing the game, however, was the concern over increases in human trafficking, specifically human sex trafficking. Approximately 40,000 women were expected to pour into Germany for the World Cup, whether they were prostitutes by choice or not. Germany has legalized prostitution and a history of ignoring the underground slave trade. The World Cup brought a long reaching problem to the forefront, sparking much needed discussion around the world. Background Trafficking represents a denial of virtually all human rights. Although the definition continues to be debated, trafficking is defined by a United Nations Protocol as anything involving the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the use of threat of use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnurability or of the giving or receiving of payments or benefits to achieve the consent of a person having total control over another person, for the purposes of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs (Report of the Special Rappoteur). Individuals living in poverty are the most susceptible to traffickers, as they are easily lured by false promises of job opportunities. Women and children are particularly affected

12 by these offers, which often appear to be legitimate. Lack of economic opportunity 8 creates more opportunities for traffickers. Although human trafficking represents a gross violation of human rights, it is often regarded as a legal problem. As such, past mandates have focused on the crime prevention aspect of the issue. Governments have a tendency to ignore the humanity of victims. Complicating the problem is the issue that most victims of human trafficking decline to share their stories. Even when approached by authorities, they often will not volunteer information about their abusers and the injustices they have suffered. Many feel discouraged and live without hope, and they may not be inclined to trust even those who want to help. Slavery has such a stigma placed on it that victims of human trafficking will not admit to being slaves for fear of humiliation or retaliation from family and friends. Current Situation Human trafficking continues to be the third most profitable international illegal trade, after narcotics and weapons. Between 800,000 to 900,000 men, women and children are trafficked each year across international borders. Of these, eighty percent are estimated to be women. In many ways, the globalization trend and improved technology of the 21 st century has heightened the problem. Small groups of criminals can easily operate internationally, trapping thousands of innocents in their schemes. In many cases, trafficking can present a double victimization. Since victims of human trafficking are typically taken to other countries illegally, they are often prosecuted as illegal immigrants. Women and young girls sold into sex slavery can be charged with

13 prostitution. Both of these legal methods ignore the problem at large; they fail to 9 acknowledge the human rights violations that caused the illegal immigration or prostitution in the first place. Instead of prosecuting the perpetrators of the crime, states instead criminalize the victims. Currently, the United Nations Human Rights Committee has a Special Rappoteur assigned to research the problem of human trafficking and examine the situation in individual countries. The Special Rappoteur s next project will examine forced marriages related to trafficking. In the United States, the problem of human trafficking has been overshadowed by the problem of illegal immigration. The government is so focused on what to do with illegal aliens that they have largely ignored why some of these people are illegal aliens. Japan is a destination country for women and girls from all over Asia and parts of Eastern Europe and South America. These individuals are commonly sold into sex slavery. The Japanese crime circles are highly organized and have been rumored to use excessive violence and even killing to coerce others into illegal servitude. Efforts have been made to better identify and protect these victims. In 2004, the Japanese government overturned legislation that had required immediate deportation of any illegal immigrants regardless of their status as victims of trafficking. However, these legal measures have not done much to prevent the problem, instead focusing on how to treat victims after the crime of trafficking has already occurred. In other parts of Asia, law enforcement reform has been a slow process. Thailand was one of the first countries in the region to implement laws that punished customers of illegal sex operations more than sellers, but thus far it has been lightly enforced. In China,

14 protection for victims of trafficking is practically nonexistant, especially for foreign 10 women sold into marriage with Chinese men. The government has also been known to unintentially fine trafficking victims for immigration violations. Some countries have very little protection for trafficking victims. Singapore is a destination country for foreign women and children sold for sexual exploitation. The government authorizes the operation of brothels, and prostitution is legal for those over the age of sixteen. In addition, foreign domestic workers are frequently abused, and the government has been known to deport these women for reasons such as pregnancy or disease without inquiring about their status as trafficking victims. The United States State Department publishes an annual report on human trafficking. It places nationss which already comply with legal standards of prevention and prosecution on Tier 1, countries that are working towards better standards at Tier 2, and countries where trafficking is still a large, legally ignored problem on Tier 3. Current Tier 3 countries are North Korea, Saudi Arabia, Sudan, Syria, Venezuela, Zimbabwe, Iran, Belize, Burma, Laos, Uzbekistan, and Cuba. These nations will require the most effort on the part of the United Nations to insure the protection of victims rights. Bloc Positions Countries such as China, the Philippines, and Cambodia prefer to take a preventive approach to trafficking, circulating literature about awareness and protecting yourself. Efforts also involve programs to keep children in school and stabilize the economic situation that currently makes it necessary for poor, rural women to migrate to cities. One problem with this approach is a lack of funding for these prevention programs. Also, their laws regarding the prosecution of traffickers are typically not as strong.

15 Australia is a regional leader in the war on human trafficking. The 11 government is currently working on many initiatives which would further criminalize human trafficking, leading to stricter penalties for traffickers and crime circles. Many NGOs have supported this work, offering assistance to trafficked persons and raising awareness. Still, the bulk of Australia s efforts, as is also the case with the United States, has been focused on the legal side of the issue. Typically, countries in Western Europe as well as the United States and Canada have chosen to combat trafficking through law enforcement. NGOs have been largely responsible for any human rights-focused action that has been taken. Focus Questions How should the United Nations implement a human rights focus to combat human trafficking? Do governments have an obligation to defend victims of trafficking? What efforts can be/are being made to help identify human trafficking victims? How can NGOs be effective in combating the problem of human trafficking? Should efforts focus on awareness or victim protection? How should the UN try to work with those countries identified as Tier 3 countries by the United States? Research Links From the UN, 2000: Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime Human Rights Watch Both the Women s Rights section and the Labor section have good information about trafficking as well as links to documents.

16 Human Trafficking Research The research section is organized by region, making this a great resource for looking up specific situations in individual states. U.S. Department of State The Department of State publishes an annual report on the state of human trafficking, especially as it affects the United States. Annual Report: This website, created by a University of Massachussetts professor, details current conditions regarding human trafficking in individual countries as well as outlining the U.S. State Department s tier system. The Polaris Project The Polaris Project is a leading grassroots organization dedicated to combating human slavery. This is a good resource for exploring the NGO side of the issue. Global Rights Another human rights advocacy organization that focuses on worldwide justice This document provides a good summary of rights-based approaches to solving the problem of human trafficking: 12 References Collinsworth, Bryan. Fighting Slavery in Campus Progress: 27 July Integration of the Human Rights of Women and the Gender Perspective: Report of the Special Rapporteur on trafficking in persons, especially women and children. Human Rights Council, United Nations: 27 March Jordan, Ann D. Human Rights or Wrongs? Global Rights: Landler, Mark. World Cup Brings Little Pleasure to German Brothels. The New York Times: 3 July Patten, Wendy. U.S.: Efforts to Combat Human Trafficking and Slavery. Human Rights Watch: 7 July Trafficking Victims Protection Reauthorization Act of United States Congress. World Cup Prostitution Scrutinized. CBS News: 14 June 2006.

17 13 References Combatting Terrorism: Klapper, Bradley S. U.S. Anti-Terror Law Concerns Red Cross. The Washington Post. 19 Oct Landler, Mark. In Germany, U.S. Official Addresses Rift with Allies. The New York Times. 26 Oct Latest News Releases. Human Rights Watch. Roth, Kenneth. Who profits most from torture? Human Rights Watch. Specific Human Rights Issues: New Priorities, In Particular Terrorism and Counter- Terrorism. Human Rights Council. A/HRC/Sub.1/58/30. 3 August The Geneva Conventions. Human Trafficking: Collinsworth, Bryan. Fighting Slavery in Campus Progress: 27 July Integration of the Human Rights of Women and the Gender Perspective: Report of the Special Rapporteur on trafficking in persons, especially women and children. Human Rights Council, United Nations: 27 March Jordan, Ann D. Human Rights or Wrongs? Global Rights: Landler, Mark. World Cup Brings Little Pleasure to German Brothels. The New York Times: 3 July Patten, Wendy. U.S.: Efforts to Combat Human Trafficking and Slavery. Human Rights Watch: 7 July Trafficking Victims Protection Reauthorization Act of United States Congress. World Cup Prostitution Scrutinized. CBS News: 14 June 2006.