Topic 1: Rights of Prisoners

Background: Topic 1: Rights of Prisoners Prisoners across the world are given a sentence for their criminal activity, but they do deserve rights that nations are seemingly avoiding or losing significance in the minds of policy makers. One of the major issues with the prison system is the excessive sentencing, which is unjust and disadvantageous to the prisoners, and results in overcrowding. In developing countries such as El Salvador or the Philippines, the average occupancy level of their prisons is well over three hundred percent. Although the issue is present in mostly impoverished areas, developed countries struggle with balancing the amount of prisoners and available living space, such as the United States, which has slightly over a hundred percent prison occupancy level. Some countries view the death penalty, also known as capital punishment, as a systematic approach to deter overcrowding in prisons. However, many argue that this is in direct opposition to prisoner s rights. As of March of 2015, a total of ninety-nine countries chose to completely abolish capital punishment. In 2014, over twenty countries carried out executions and nearly 2,500 people were sentenced to death. Another major challenge that prisoners face is receiving a fair trial. In Peru, defendants who plead guilty receive shorter sentences than those who plead not guilty and then are later proven guilty. Some view initially pleading guilty as seemingly positive because it encourages people to be honest and avoids wasting taxpayers money. In contrast, as seen in Peru, defendants may plead guilty in order to avoid paying for a lawyer in a drawn-out trial, which could be more costly than simply serving their sentence. Often times, outcomes of trials are determined based on a prejudiced approach that leaves human beings unrightfully sentenced due to their skin color or religious background. Another important issue is how prison guards and employees treat prisoners. In July of 2008, twenty-six inmates died due to malnutrition in one of the most prominent prisons in the Congo located in Mbuji Mayi. In North Korea, groups of over forty prisoners are forced to stay in a fifty-meter by fifty-meter room on a layer of straw. Methods of torture within prison facilities in various countries have caused outrage within the international community. For example, controversy has been sparked in the United States because of their detention camp in Guantanamo Bay in Cuba. Leaked images that have surfaced from the facility show inmates that were brutally tortured for being terrorist threats. Defining someone as a terrorist threat can become a grey area, which governments can take advantage of in order to carry out their malicious ways of torture. Actions, such as waterboarding, are a direct violation of the Declaration of Human Rights. Recently, England was put into a negative political spotlight for using various torture methods and detaining individuals solely based on suspicion of terrorist activity. Many argue that pre-charge detention is the ideal way 1

to eliminate terrorism; however, it contradicts the democratic rights of the people of the United Kingdom. Although most of the attention is predominantly focused on countries that act against the human rights of prisoners, there are also quite a few countries that work to ensure the fair treatment of their inmates, such as Australia and Switzerland. Australia enjoys a comfortable average prison occupancy level of just over ninety percent, with just over 30,000 inmates total. Nations like Australia are able to maintain lower levels of prison occupancy by making advancements such as adjusting drug possession sentences so they are proportionate regardless of the type of drug in possession, reducing prison time for quality behavior, or decreasing sentences if inmates choose to enroll in rehabilitation programs. Countries with these similar values should be used as a model that other nations could strive to emulate, in order to alleviate the problem of prisoner mistreatment and secure the rights that prisoners deserve. UN Involvement: In 1990, the General Assembly adopted A/RES/45/111, which outlines the Basic Principles for the Treatment of Prisoners. The Principles include a focus on allowing inmates to retain their cultural identity and a chance at education, in order to make the reintegration process for prisoners as seamless as possible. The Principles also focus on the elimination of solitary confinement due to the fact that it creates mental and social issues for the inmates. The Principles conclude with the disclaimer that the set of guidelines shall be implemented impartially. On December 18, 2014, in order to support the prisoners who unjustly face the death penalty, the United Nations General Assembly adopted a resolution that launched an international moratorium on capital punishment. 117 countries voted in favor of the resolution with a total of 37 countries in opposition, which is a groundbreaking sign of support from global community. This vote signals the positive direction, in which the world is moving in relation to the rights of prisoners. The resolution also focuses on improving the rights of individuals that are arrested in a foreign country and a description of the required maintenance guidelines that must be the same for each inmate. The United Nations has attempted to span its influence across the globe and earn prisoners the rights they deserve; however, it is a difficult and complicated task to complete without infringing upon other nations sovereignties. Questions to Consider: 1. How can international rights of prisoners function in correlation with the rights of prisoners on a national level? 2. How can prisoner mistreatment and torture be limited and ultimately eradicated? 2

3. What is the most efficient way to inhibit the growing prison overcrowding issues on a global level? 4. What specific sentencing reforms would improve prisoners rights? 5. What kind of standards can be placed on police forces and prison staff to improve prisoners rights? Works Cited: "A/RES/45/111. Basic Principles for the Treatment of Prisoners." UN News Center. UN, n.d. Web. 8 May 2015. <http://www.un.org/documents/ga/res/45/a45r111.htm>. "Death Penalty." Amnesty International. Amnesty International, n.d. Web. 3 May 2015. <https://www.amnesty.org/en/what-we-do/death-penalty/>. "Democratic Republic of Congo - Researched and Compiled by the Refugee Documentation Centre of Ireland." Democratic Republic of Congo (n.d.): n. pag. Refugee Documentation Center (Ireland). Legal Aid Board, 22 May 2010. Web. 7 May 2015. "Highest to Lowest - Occupancy Level." Prison Studies. International Center for Prison Studies, n.d. Web. 5 May 2015. <http://www.prisonstudies.org/highest-to-lowest/occupancy-level?field_region_taxonomy_tid=all>. Lachlan, McWilliam. "Rights of Prisoners." (2014): n. pag. Rights of Prisoners Briefing Paper. George Watson's College. Web. 3 May 2015. "Pre-Charge Detention for Terrorist Suspects: United Kingdom." Library of Congress. Library of Congress, 15 Dec. 2014. Web. 9 May 2015. <http://www.loc.gov/law/help/uk-pre-charge-detention.php>. "Record Number of States Vote for UN Resolution on Death Penalty Moratorium Al Jazeera America." Al Jazeera America. Al Jazeera, 18 Dec. 2014. Web. 9 May 2015. <http://america.aljazeera.com>. 3

Topic 2: Organized Crime in Latin America Background: Latin America is the most dangerous region in the world with some of the highest murder rates and continued proliferation of illicit weapons and narcotics. Much of the violence is a direct result of cartels striving to control more land as they take part in the lucrative business of the drug trade. Gangs such as the Zetas have been known for their horrific murders such as a case in 2010 where six bodies were found near the beaches of Cancun with their hearts removed from their bodies and the letter Z engraved on their abdomens. Another example of this violence was in 2011 when 193 bodies were discovered in mass graves as a result of the Zetas forcing captive travelers to fight to the death. Unfortunately, the violence continues as cartels make connections with corrupt government officials and thrive on funds from the drug market in developed nations like the United States and Canada. During 2007 and 2008, over 16 million people were discovered to use cocaine around the world. 40% of the global consumers of cocaine reside within North America. The market is most notably based out of Colombia and makes its route heading through Central America and eventually to the rest of the world. While the availability of cocaine has decreased by 14% since 1990, it still plays a major factor for organized crime. 671 tons of cocaine were found in a global seizure that occurred during 2012. Since the majority of traffickers reside within Latin America, the murder rate in the region has escalated. In 2013, a third of the world s murders occurred in this area. With 43 out of the top 50 most dangerous cities in the world located in Latin America and major corruption as gangs bribe officials, the crime rates have continued to rise. Countries neighboring Colombia, such as Venezuela, have seen crime increase as they are greatly affected by the drug trade with over 200 tons of cocaine passing through the borders every year. In attempts to stop organized crime, Latin American countries have collaborated with developed nations. The most prominent action to counter the trafficking of narcotics is the War on Drugs that the United States established in the region. This action can be classified as a failure because despite the billions of dollars given in aid, corruption and crime continue in Latin America. UN Involvement: The United Nations understands the seriousness of the conflicts that are occurring in Latin America as many have been killed as a result of the gang related violence and illicit drug trade. In resolution A/RES/69/72, the United Nations brings up the importance of establishing peace and the disarmament of Latin America. 4

Along with this, the resolution encourages Latin American nations to cooperate with the Regional Centre to stop corruption and illicit trafficking. The Regional Centre for Peace, Disarmament, and Development was established to prevent the violence in the region to continue. In 2014 the center hosted a course, which was deemed successful by the United Nations, to train national operators in charge of exports and imports of legal arms on how to implement the Arms Trade Treaty. This treaty was created in 2013 as a way to regulate the international conventional arms trade. Another attempt to stop crime in Latin America, was placing the United Nations Office on Drugs and Crime in charge of preventing the trafficking of drugs. In 2009, after noting the continued increase in the drug trade, the United Nations Office on Drugs and Crime created a regional programme to prevent the trafficking through Mexico to the United States and Canada. Although it was a great attempt to end the drug trade, crime rates have continued to rise(did it fail or was it successful. This programme has also assisted in instructing nations on how best to strengthen their border security which will in turn prevent the trafficking of narcotics. Although it was a great attempt to end the drug trade, crime rates have continued to rise and corruption is still present in the region. Another aspect that the United Nations has attempted to cover is the increasing development in the region. The United Nations Development Programme was established in order to help such countries because if the people in the region have access to jobs and a reasonable source of income they are less likely to seek profits from illegal means. The program has assisted the 51 million people that rose to the middle class in the past decade with its many projects, but 30% of the inhabitants still live in poverty and 73 million are in extreme poverty. The main goal of this program is to provide assistance in developing these nations which will indirectly prevent crime in Latin America. Questions to Consider: 1. How can power be taken away from illicit organizations in the region? 2. Has your country dealt with the issue of organized crime? What actions did it take? 3. How can people in the region be encouraged to not participate in illicit trafficking? Is there a more lucrative and legal means of income for the inhabitants? 4. How should the nations in this region be held accountable for the crimes of these organizations? 5. What actions can be taken to prevent corruption without violating the sovereign rights of a member state? 5

Works Cited: Cohen, Trevor. "Latin America Organized Crime." Fair Observer. Fair Observer, 10 Sept. 2012. Web. 28 May 2015. <http%3a%2f%2fwww.fairobserver.com%2fregion%2flatin_america%2flatin-americaorganized-crime%2f>. Conroy, Bill. "Drug War-Related Homicides In The US Average At Least 1,100 a Year." Drug War-Related Homicides In The US Average At Least 1,100 a Year. N.p., 10 Mar. 2012. Web. 28 May 2015. <http://narcosphere.narconews.com/notebook/bill-conroy/2012/03/drug-war-related-homicides-usaverage-least-1100-year>. Davis, Carlo. "Afghanistan Heroin Bust: 23 Tons Of Heroin, Morphine Seized In Helicopter Raid." The Huffington Post. TheHuffingtonPost.com, n.d. Web. 28 May 2015. <http://www.huffingtonpost.com/2013/03/12/afghanistan-heroin-morphine-bust_n_2862536.html>. "Drug Trafficking." UNODC. UNODC, n.d. Web. 28 May 2015. <http%3a%2f%2fwww.unodc.org%2funodc%2fen%2fdrug-trafficking%2f>. FBI. FBI, 05 May 2010. Web. 28 May 2015. <http://www.fbi.gov/news/testimony/drug-trafficking-violence-inmexico-implications-for-the-united-states>. McDermott, Jeremy. "Latin America Organized Crime: What to Expect in 2015." Latin America Organized Crime: What to Expect in 2015. Open Society Foundations, 31 Dec. 2014. Web. 28 May 2015. <http://www.insightcrime.org/news-analysis/organized-crime-what-to-expect-in-2015>. McDermott, Jeremy. "Organized Crime in Latin America: What to Expect in 2015." The Christian Science Monitor. The Christian Science Monitor, 5 Jan. 2015. Web. 28 May 2015. <http://www.csmonitor.com/world/americas/latin-america-monitor/2015/0105/organized-crime-in- Latin-America-What-to-expect-in-2015>. Murray, Mary. "Organized Crime, Gangs Make Latin America Most Violent Region." NBC News. NBC News, 17 Apr. 2014. Web. 28 May 2015. <http%3a%2f%2fwww.nbcnews.com%2fnews%2fworld%2forganized-crime-gangs-make-latinamerica-most-violent-region-n83026>. Parkinson, Charles. "Latin America Is World's Most Violent Region: UN." Latin America Is World's Most Violent Region: UN. Open Society Foundations, 21 Apr. 2014. Web. 28 May 2015. <http://www.insightcrime.org/news-analysis/latin-america-worlds-most-violent-region-un> "Transnational Organized Crime:Let's Put Them out of Business." UNODC. N.p., n.d. Web. 28 May 2015. <http://www.unodc.org/toc/en/reports/toctacentralamerica-caribbean.html>. 6

"United Nations Office on Drugs and Crime." Drug Trafficking and Border Control. N.p., n.d. Web. 28 May 2015. <http://www.unodc.org/centralasia/en/drug-trafficking-and-border-control.html>. "World Drug Report 2014." UNODC. UNODC, n.d. Web. 28 May 2015. <http%3a%2f%2fwww.unodc.org%2fwdr2014%2f>. 7