0% found this document useful (0 votes)
230 views39 pages

Aitchison College: Model United Nations

This document provides an overview of human rights issues in Central Asia. It discusses several key challenges: 1) Gender discrimination and lack of women's rights are prevalent in the region. 2) High unemployment and lack of access to education negatively impact people's livelihoods. 3) Poor health management and sanitation have led to health issues. 4) Slavery, labor trafficking, and sex trafficking remain problems. 5) Most countries in the region are authoritarian and repress civil society and political dissent, violating basic human rights. The UN and other groups are working to promote human rights but have faced challenges in the region.

Uploaded by

Naveed Ahmad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
230 views39 pages

Aitchison College: Model United Nations

This document provides an overview of human rights issues in Central Asia. It discusses several key challenges: 1) Gender discrimination and lack of women's rights are prevalent in the region. 2) High unemployment and lack of access to education negatively impact people's livelihoods. 3) Poor health management and sanitation have led to health issues. 4) Slavery, labor trafficking, and sex trafficking remain problems. 5) Most countries in the region are authoritarian and repress civil society and political dissent, violating basic human rights. The UN and other groups are working to promote human rights but have faced challenges in the region.

Uploaded by

Naveed Ahmad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 39

Study Guide Social Cultural and

Humanitarian Committee

sssssssss

AITCHISON COLLEGE
MODEL UNITED NATIONS
VIII

1|P a g e
SOCIAL, CULTURAL
AND HUMANITARIAN
COMMITTEE

Disclaimer: Model United Nations are a simulation and no part of the study guide or conference
should be seen as anything more than that. Contents of the guide may not be viewed as evidence of
a historical fact. The State of Pakistan does not recognise Israel as a nation.
Study Guide Social Cultural and
Humanitarian Committee

Topic Area: Human


Rights in Central Asia

Table of Contents

Introduction....................................................................................................................... 4
Human Rights in Central Asia .............................................................. 6
Gender Discrimination in Central Asia .................... ............. 10
Unemployment and Lack of Education .................................. 11
Poor Health Management ............................................................................ 13
Slavery, Labor, and Sex Trafficking ......................................... 14
Human Smuggling .................................................................................................. 17
What is UN doing .................................................................................................. 17
What we want in Resolution.................................................................. 18

3|P a g e
Study Guide Social Cultural and
Humanitarian Committee

The United Nations (UN) is an international women and of nations large and small…”.
organisation whose stated aims are to facilitate The
cooperation in international law, international United Nations is the only international
security, economic development, social progress entity with jurisdiction for universal
and human rights issues. The pursuit of human human rights legislation.
rights was a central reason for creating the UN.
The Universal Declaration of Human
It was founded in 1945 and began with fifty
Rights (UDHR) is an advisory declaration
countries signing the United Nations
adopted by the United Nations General
Charter. As of 2007, there are 192 United
Assembly (A/RES/217, 10 December 1948
Nations member states, encompassing almost
at Palais de Chaillot, Paris). It consists of a
every recognised independent state. The UN
Preamble and 30 articles setting forth the
Charter obliges all member nations to promote
human rights and fundamental freedoms to
“universal respect for, and observance of,
human rights” and to take “joint and separate which all men and women, everywhere in the
action” to that end. The Charter consists of a world, are entitled, without any
preamble and a series of articles divided into discrimination.
chapters. All human rights are indivisible, whether they
are civil and political rights, such as the right to
life, equality before the law and freedom of
Introduction
expression; economic, social and cultural
‘Human rights’ refers to the basic rights and rights, such as the rights to work, social
freedoms to which all humans are entitled, security and education , or collective rights,
often held to include the right to life and such as the rights to development and self-
liberty, freedom of thought and expression, and determination, are indivisible, interrelated and
equality before the law. Human rights are the interdependent. The improvement of one right
foundation of human existence and coexistence. facilitates advancement of the others. Likewise,
They are universal, indivisible and the deprivation of one right adversely affects
interdependent. Human rights are recognised as the others.
fundamental by the United Nations and, as
such, feature prominently in the Preamble of
the Charter of the United Nations: “… to
reaffirm faith in fundamental human rights,
in the dignity and worth of the human
person, in the equal rights of men and

4|P a g e
Study Guide Social Cultural and
Humanitarian Committee

Equal and non-discriminatory individual level, while we are entitled our


human rights, we should also respect the human
Non-discrimination is a cross-cutting principle rights of others.
in international human rights law. The principle
is present in all the major human rights treaties
and provides the central theme of some of
international human rights conventions such as Human Rights In Central Asia
the International Convention on the Elimination
Central Asia is probably the most authoritarian
of All Forms of Racial Discrimination and the
region in the world. According to Freedom
Convention on the Elimination of All Forms of
House’s 2014 ‘Nations in Transit’ report, the
Discrimination against Women.
level of democracy has improved marginally in
The principle applies to everyone in relation to Kyrgyzstan and declined slightly in Kazakhstan
all human rights and freedoms and it prohibits and Tajikistan, although in all three countries
discrimination on the basis of a list of non- the record remains troubling. Turkmenistan and
exhaustive categories such as sex, race, colour Uzbekistan were already at the bottom of the list
and so on. The principle of non-discrimination and have thus remained so. Four out of the five
is complemented by the principle of equality, as Central Asian regimes are seen as consolidated
stated in Article 1 of the Universal Declaration
of Human Rights: “All human beings are born
free and equal in dignity and rights.”

Both Rights and Obligations

Human rights entail both rights and obligations.


States assume obligations and duties under
international law to respect, to protect and to
fulfil human rights. The obligation to respect
means that States must refrain from interfering
with or curtailing the enjoyment of human
rights. The obligation to protect requires States
to protect individuals and groups against human
rights abuses. The obligation to fulfil means that
States must take positive action to facilitate the
enjoyment of basic human rights. At the

5|P a g e
Study Guide Social Cultural and
Humanitarian Committee

authoritarian regimes, with Kyrgyzstan faring nongovernmental organizations. Authorities are


slightly better as a semi-consolidated holding people in prison on politically
authoritarian regime. These types of regimes motivated charges and have imposed heavy
are normally bad news for human rights. restrictions on freedom of the media and
Central Asia is no exception. Reports about assembly.
attacks against LGBTs in Kyrgyzstan,
repression of civil society in Kazakhstan,
Despite its human rights pledges, including
torture in Tajikistan, travel restrictions in
winning a seat on the United Nations Human
Turkmenistan and forced labour in Uzbekistan
Rights Council, Kyrgyzstan expelled a
are commonplace.
freelance journalist, raided the offices and
The presence of the Organisation for Security homes of human rights lawyers, and banned an
and Cooperation in Europe (OSCE) in Central international human rights monitor from the
Asia has been severely downgraded over the country. Authorities are not doing enough to
last decade and its work on democracy and tackle long-standing problems of domestic
human rights has been curtailed in all five violence or torture, while a “foreign agents”

countries bill, an anti-gay “propaganda” bill, and a bill


that would curb the independence of the
In 2015 The governments of Kazakhstan,
National Center for the Prevention of Torture –
Kyrgyzstan, Tajikistan, Turkmenistan, and
all of which would be a step backward for
Uzbekistan arrested and imprisoned
human rights – are before parliament.
government critics, closed down independent
Although Kyrgyzstan has taken some
groups and opposition parties, and adopted democratic steps in recent years and has in the
legislation restricting the rights of past withdrawn draft legislation that would
nongovernmental organizations. curb rights freedoms, the country’s rights
While attention was focused on global crises record suffered significant setbacks in 2014.
Members of parliament proposed legislation
last year, Central Asian governments
that would brand nongovernmental groups as
committed serious abuses across a wide
“foreign agents” and initiated a blatantly
spectrum of human rights and faced virtually discriminatory draft bill that would seriously
no consequences. restrict lesbian, gay, bisexual, and transgender
Central Asian countries adopted new criminal rights. Activists were harassed and attacked
legislation restricting fundamental freedoms and the rights defender Azimjon Askarov
and put forward several draft laws that would remains wrongfully imprisoned. Authorities
have not held people accountable for violent
seriously limit the activities of
courtroom attacks on defendants and

6|P a g e
Study Guide Social Cultural and
Humanitarian Committee

their lawyers in one of the few ongoing cases Amindzhon Gulmurodzoda; and Zaid Saidov

related to the 2010 ethnic violence. and Maksud Ibragimov, both opposition
figures. Authorities blocked websites
Discrimination and violence against women
frequently and further restricted the free
and LGBT people are pervasive. exercise of religion and independent media. A
proposed “foreign agents”-style bill was
introduced that would require groups to declare
The heavy-handed rule of President Nursultan
all foreign funding. They also sued a leading
Nazarbaev of Kazakhstan was extended for
independent news agency for “insult,” and
another five years with his re-election in April.
arrested an academic researcher on trumped-up
The government allows little public dissent and
espionage charges. The government blocked
clamped down on free speech during 2015 by various websites, considered introducing a new
suspending and shuttering critical media outlets law that would require nongovernmental
and fining and jailing peaceful protesters for groups to register all funds from foreign
violating a restrictive public assembly law. The sources, and harassed human rights groups.
authorities brought vague and overbroad
“inciting discord” charges against a range of
outspoken critics and activists. A jailed For the first time in 12 years, the government
opposition leader, Vladimir Kozlov, was denied of Turkmenistan, one of the most closed and
parole. They shut down several independent repressive in the world, sent a delegation to the
and opposition newspapers, introduced annual human rights conference of the
legislation that further tightens controls over Organization for Security and Cooperation in
fundamental freedoms of association, Europe. Yet local activists reported the fiercest
expression, religion, and assembly government pressure against them in recent
years, including warning local activists to stay
home or face retribution when the United
Tajikistan’s human rights situation deteriorated States Secretary of State visited. Authorities
precipitously, with a full-blown assault on the
imprisoned a Radio Free Europe/Radio Liberty
country’s fledgling opposition, including the
reporter and forced three others to stop
forced closure in August of Central Asia’s only
working. They forced residents to dismantle
legally registered Islamic party, the Islamic
privately owned television satellite dishes.
Renaissance Party of Tajikistan, and the
Although one banned family
detention of more than 100 party activists and
at least three human rights lawyers on
politically motivated charges. Tajikistan also
imprisoned a human rights lawyer, Shukhrat
Kudratov; an independent journalist,

7|P a g e
Study Guide Social Cultural and
Humanitarian Committee

was allowed to leave the country, numerous cotton harvest, and widespread torture in the
other opponents and activists were barred criminal justice system occurs with near-total
from traveling outside the country. impunity.
Authorities use incarceration as a tool for
political retaliation and refuse to reveal the
Keeping this in mind that China and Russia –
conditions and whereabouts of dozens of
countries with poor human rights track-
people in its notoriously abusive prisons,
records – are the main powerful neighbours of
some for more than a decade, which
the landlocked region, while the United States
constitutes enforced disappearance under
has decided not to assume a leading role in the
international law.
region beyond the use of the Central Asian
republics for the withdrawal of the ISAF

Uzbekistan maintained its appalling rights mission in Afghanistan. Taking note of this

record in 2015. In March, the authoritarian and the low impact of international
president, Islam Karimov, extended his 26-year organisations, this leaves the European Union
rule by another five years, in elections and its member states as the best suited actors
international observers found lacked any to play a leading role in monitoring human
meaningful choice and violated Uzbekistan’s rights in Central Asia and addressing
constitution. Thousands of peaceful religious violations
believers, political opposition figures, and
others remain imprisoned on politically
At the same time we touch Europe and
motivated charges. They include Muhammad
following a failed coup in July 2016 in which
Bekjanov, one of the world’s longest
imprisoned journalists, and Azam Farmonov, a around 250 died, the government of Turkey
human rights defender whose nine-year term imposed a state of emergency allowing rule by
was arbitrarily extended by another three years. decree and dismissed over 100,000 public
In November, authorities arrested yet another officials due to alleged coup links, with courts
human rights defender, Uktam Pardaev, on jailing over 47,000 more on terrorism charges.
trumped up charges, before he was released on a An April 2017 referendum approved a powerful
suspended sentence of three-year probation in executive presidency to replace the
January 2016. Political prisoners and others are parliamentary system with weakened judicial
tortured in Uzbekistan’s police stations and and parliamentary checks. A
prison system. Authorities repress all forms of
free expression and do not allow any organized
political opposition, independent media, or
religious freedom. The country uses forced
labor by both adults and children during the

8|P a g e
Study Guide Social Cultural and
Humanitarian Committee

crackdown on independent media and Kurdish national parliaments is at an average around


democratic opposition has led to the jailing of 10%.
over 150 journalists and media workers, as well
The gender differences in adult literacy rates
as 12 parliamentarians.Some of these global
are mirrored in the primary and secondary
crises have caused Central Asian governments
enrolment ratios of children of school-going age
concern as well, including the conflict in
as well. There are hardly any gender differences
Ukraine, the withdrawal of most NATO troops
among children in North and Central Asia in
from Afghanistan, and recruitment in Central
primary enrolment rates; and in respect of
Asia for the extremist group Islamic State (also
secondary enrolment rates, if anything young
known as ISIS). These concerns may persist in
women seem to be doing better than young men
2018. Central Asian governments have an
in that sub-region. The middle income countries
obligation to respond in ways that uphold, not
of South East Asia also have few, if any, gender
violate, fundamental human rights, and their
differences. But when it comes to the least
international partners have a key role to play in
developed countries of South East Asia and the
holding them to this standard.
low income economies of South Asia, the
gender differences are very sharp indeed. In
fact, gender discrimination in children’s
Gender Discrimination in Central Asia
schooling in South Asia is perhaps the worst in
In most countries of the region women still get the world, when female to male literacy rates or
60–80% of an average men’s salary, depending enrolment rates are compared across the regions
on the country and the sector. Women are also of the world.
limited by the “glass–ceiling”, which prevents These gender differences are mirrored again
them from occupying decision–making in respect of higher education across the
positions, and they often face direct and/or Asian region. Tertiary gross enrolment rates
“hidden discrimination” on the labour market.
in most developing countries in the world
Though family structures and gender roles
rarely exceed 15%. However, no matter
have greatly modified of late, the traditional
whether we consider developed or developing
stereotype based on a male breadwinner is still
Asian countries, there are gender differences
prevalent in most countries, which has a
in tertiary enrolment rates, with women’s
negative impact on women and men workers
enrolment rates being
who try to both work and care for their
children.

Another alarming trend is the drastic decline in


women’s participation in decision–making
processes and politics. Their representation in

9|P a g e
Study Guide Social Cultural and
Humanitarian Committee

systematically lower in all countries in Asia. region is Turkmenistan, which is facing an


Only the middle income countries and high increase in the demand for study places and
thus needs to increase the numbers of staff in
income countries of Asia have tertiary
public higher education institutions.
enrolment rates that are higher than 30%.
One overwhelmingly important indicator of According to the on line survey, it seems that

gender discrimination, as we have noted in the reward mechanisms are rather common in
earlier section, is the ratio of females to males Central Asia. These extra reward schemes may
in the population (usually measured as number
however be regulated by the national
of females to every 1000 males). For biological
authorities and differentiation between
reasons, women live longer than men, and so
the natural expectation is that women’s share in individuals is only possible in some cases.
the total population of any country will be Furthermore, only about 10 to 15 percent of
higher than that of men Disaggregated data for all companies accounted for over two-thirds
the male–female population by state for China of net jobs created in the region before the
shows that the sex ratio is a serious problem in
2008 crisis, highlighting the need for policy
most parts of China as well. The adverse sex
changes that support employment growth
ratio in China is a reflection mainly of the one-
among existing firms and encourage new
child policy that has been in place for over two
firms to emerge and succeed or fail fast.
decades – and hence different from the South
Asian problem of systematic gender Other barriers exist outside the labor market,
discrimination over the life-cycle of a woman. such as lack of child or senior care options,
The emphasis on one-child led many parents to limited flexible work arrangements and other
use modern technology for purposes of sex
social norms, that restrict access to economic
selection, and sex-selective abortion has
opportunities among women, and young and
resulted over time in an adverse sex ratio.
older workers.

Unemployment and Lack of Education

Many Central Asian countries need to maintain


current levels or reduce staffing levels, due to
negative demographic developments. Indeed,
Uzbekistan has already reduced staffing
significantly and Kyrgyzstan needs to do so in
the coming five years. An exception in the

10 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

While people do move internationally, mobility in social sciences and humanities. Although
within countries, especially for older workers, there are no time-series data to track changing
education quality in the Kyrgyz republic, there
is low. Youth (those between the ages of 15
is a consensus on the part of teachers, students,
and 24) are acutely impacted by the lack of
and parents that education quality has
opportunities in the Tajik economy. deteriorated seriously over the past decade in all
At the same time there is a rise in the gender but a few well-endowed urban schools.
inequality in this region. It is notable that male Declining quality results mainly from the
participation rates across Central Asian budgetary neglect, resulting in depleted stocks
of textbooks and other educational materials, in
countries are similar. The gaps are due to the
an underpaid and demoralized teaching force,
considerable variation in female labour force
and in physical deterioration of schools. The
participation rates, which range from 46.9
increasing reliance on formal and informal
percent in Turkmenistan to 67.7 percent in
parental contributions to meet essential school
Kazakhstan in 2013.As a result, the gender gap
needs also results in a more unequal distribution
in labour force participation in the Central of education
Asian region varies from about 10.2 percentage quality. Large differences have emerged in
points in Kazakhstan 30 percentage points in
teaching conditions and educational
Turkmenistan
outcomes among oblasts and between
As far as education goes, a large proportion of
urban and rural schools. In a recent
secondary students were oriented to
national assessment of fifth-
specialized vocational programs whose
content was designed by and offered through Corruption is a problem at all levels of the
state enterprises that also. Employed most of education system, but particularly in higher
the graduates. Access to higher education was education, where informal payments often
strictly controlled. secure university admission or a good
The content of higher education programs
examination grade. As a result, diplomas are
emphasized the engineering and technical needs
suspect.
of the economy. Few programs were available

11 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

There is almost universal agreement on the reform grow, decision-makers in the central
areas that require reform. These include an Asian republics increasingly look for advice
outdated and excessive hospital infrastructure, and for models of public health systems,
a fragmented hospital system, an over-reliance
particularly from the West.
on hospital care, underdeveloped primary
health care services, an organizational culture
that administers rather than manages, and Slavery, Labor and Sex Trafficking in
ineffective regulatory and budgetary practices Central Asia
that militate against service efficiency and
What is human trafficking?
necessary rationalization. The broader context,
such as civil war in Tajikistan, mass
Human trafficking can take many forms as
migrations and struggling national economies,
traffickers move people without their informed
further exacerbate the situation. These
consent and exploit them along the way or at
problems contribute to the belief among
their final destination. For example, a young
central Asian health care workers that the
Asian lady may sign a contract with a migration
problems of the health care system stem
agency to work as a maid in Saudi Arabia, only
mainly from underfunding.
to find that when she arrives at her destination
In Kazakhstan the number of hospitals in that she is actually working in a massage
Kazakhstan has declined by 45 per cent, the parlour in Dubai, that she owes a large financial
largest decrease among the central Asian debt to the agency, and that the agency has
republics. Of these, acute care hospitals per confiscated her passport to entrap her.
100,000 population have declined by 40 per The many forms of human trafficking include
cent and hospital beds by 43 per cent.
forced labor, debt bondage, involuntary
In Kyrgyzstan the number of beds in city
domestic servitude, forced child labor,
hospitals fell by50 per cent. Unfortunately, any
potential savings were almost completely trafficking of children for armed conflict or
absorbed by significant increases in the price of petty crime or forced
drugs, equipment, disposables and electricity.
Further proposals called for hospital closures,
for reducing the capacity and average length of
stay, and for the introduction of stringent
criteria for hospitalization.
As the speed of transition to a market economy
gathers pace and as pressures for institutional

12 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

begging, trafficking for sex, forced marriage, including weak rule of law, corruption, high
and trafficking for organ removal. And some levels of poverty, along with highly mobile
groups are particularly vulnerable to human unskilled labor forces who are dependent on
trafficking like LGBT individuals, indigenous remittances. Only two Asian countries, South
persons, refugees, women, and children. Korea and Taiwan, are making very serious
Trafficking can occur both within countries efforts to combat human trafficking, along with
(notably in the case of India), and through most advanced Western countries, according to
labor migration especially to the Middle East, the US Department of State in its excellent
like the example above. "Trafficking in Persons Report". While Asia’s
most notorious cases for human trafficking are
Some 23.5 million of the world's 36 million
North Korea, Thailand, Malaysia and China.
victims of human trafficking (often referred to
as “modern slavery”) come from Asia, The In Thailand, there are three to four million
United Nations estimates that some 64% of migrant workers, mainly from Myanmar, Laos
human trafficking in Asia is for forced labor, and Cambodia, some of whom are forced,
servitude and slavery, while 26% is for sexual coerced or defrauded into labor or sex
exploitation (in Europe and Central Asia the trafficking in sectors like the sex industry,
figures are the inverse). In Asia, 36% of commercial fishing, forced begging, domestic
trafficked victims are children, while 64% are work, manufacturing, and agriculture. Indeed,
adults. Trafficking victims from Asia can be Thailand is still notorious for slavery,
found all around the world. While 72% of trafficking, murder, and corruption at all levels
convicted traffickers are men, the share of of government in its billion-dollar fishing
women is 28%, much higher than the share of industry, despite recent arrests and the threat of
women convicted of crimes in general (10- an EU-wide boycott. And social media is being
15%). used to recruit children and women into sex
trafficking
The International Labor Organization estimates
the illicit profits of forced labor to be $150
billion a year. Many victims work in Asia’s
global value chains for industries like food,
garments, and technology, including in middle
income countries like Malaysia. In short,
modern slavery is big business.
Human Trafficking in Asia

Most countries in the Asia-Pacific exhibit a


range of pre-conditions for modern slavery

13 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

There are reports that some Thai officials are Other countries like Cambodia, Laos,
complicit in trafficking crimes and corruption Myanmar, Pakistan, and Sri Lanka are also
undermines anti-trafficking efforts. Migrant
among the world’s worst offenders when it
workers are fearful of reporting trafficking
crimes due to a to lack of trust in government comes to human trafficking.

officials, and lack of awareness of their rights.


According to the US State Department, the Japan has long been notorious for human
Thai government is not making significant trafficking for its sex industry. And despite
efforts to fully comply with the minimum pressure from the international community,
standards for the elimination of trafficking. sex trafficking remains endemic in Japan.
Most of Malaysia's trafficking victims come Many women and children travel to Japan
from its more than four million documented and from Asia (especially the Philippines and
undocumented foreign workers who mainly Thailand) and elsewhere for employment or
come from Indonesia, Bangladesh, the fraudulent marriage and are subjected to
Philippines, Nepal and Myanmar. Many are forced prostitution in bars, clubs, brothels, and
subjected to forced labor or debt bondage by massage parlors. Traffickers strictly control
their employers, employment agencies or labor the movement of victims using debt bondage,
recruiters. Authorities report that large threats of violence or deportation, blackmail,
organized crime syndicates are responsible for and other coercive psychological methods.
some instances of trafficking.. Japanese men are also notorious for their sex
tourism in neighboring Asian countries.
In China, trafficking is most pronounced
among the large internal migrant population, The Japanese government has an internship
who can be subject to forced labor in brick program -- Industrial Trainee and Technical
kilns, coal mines and factories. Chinese Internship Program (TITP) -- to address labor
women and girls are recruited from rural areas
shortages, which attracts migrants especially
and taken to urban centers by crime syndicates
from China and Vietnam. Although the
and local gangs. There are also reports of
program is billed as an internship program to
young girls being kidnapped from Vietnam
foster basic industrial skills and techniques
and other countries for forced marriage to
among foreign workers, it is in reality a guest
Chinese men in light of the China's
worker program,
"gendercide", which has resulted in a high
male/female birth ratio.

14 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

with some “interns” being subject to forced people living primarily in Myanmar’s western
labor. Some pay up to $10,000 for jobs and Rakhine State. After decades of discrimination,

reports continue of excessive fees, deposits, the government stripped the Rohingya of their
citizenship in 1982, leaving them stateless.
and “punishment” contracts under this
program.
In Hong Kong, which has one of the highest What is the UN doing?
densities of migrant domestic workers in the
The United Nations Security Council has
world, forced labor and exploitation are recognised that the realization of human rights
widespread, despite the efforts of the is essential for building and keeping peace, as
government to sweep the problem under the evidenced by the Security Council’s consistent
carpet, according to the Hong Kong based inclusion of robust human rights mandates for
Justice Center. Some 17% of its study sample peace missions. OHCHR partners with the
are subject to forced labor, which means that Departments of Peacekeeping Operations
some 50,000 of Hong Kong's migrant domestic (DPKO), Political Affairs (DPA) and Field
workers could be subject to forced labor. Support (DFS) to ensure that H uman Rights
Components of UN peace missions are
adequately staffed, resourced and provided
Human Smuggling with the policy, tools and guidance they need to

Human smuggling is different from trafficking operate in increasingly complex environments


and deliver on Security Council mandates. To
in that smugglers help people, with their
this end, in 2011 OHCHR, DPKO, DPA and
consent, illegally cross borders for a payment. DFS concluded a policy on the integration of
But even when they consent to being human rights in UN Peace Operations and
smuggled, many people also suffer great Political Missions
abuses at the hands of their nefarious
smugglers who coerce, force or even abduct
them into being smuggled, who don’t inform
them of the physical risks involved, and who
abuse and extort them during their journey.
Perhaps the most tragic cases of human
smuggling in Asia are the Rohingya Muslims
escaping persecution in Myanmar. The
Rohingya is an ethnic group of over million

15 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

Activities The Head of the Human Rights Component


serves as the human rights adviser to the
A Human Rights Component’s mandated
Head of Mission and as the representative of
activities are derived from the Security
the High Commissioner for Human Rights in
Council resolution establishing the peace
the mission area, which means he/she reports
mission. Generally, the work of Human
simultaneously to the head of the peace
Rights Components includes:
mission and the High Commissioner.
 daily monitoring, investigating,
documenting and reporting on the What we Expect in a Resolution
human rights situation

 advocating with local and national  Defined terms of Human Rights,
authorities, engaging civil society
and all the aspects encompassing
and national governments in order
it including the aforementioned
to prevent and ensure redress for
violations of human rights; ones,
 
 reporting publicly on human rights gains
 The prevalence of human right
and gaps;
 violations and in which states,
 ensuring that peace processes promote 
justice and equity;
  A framework to tackle violations against
 building human rights capacities and rights of free speech and freedom,
institutions; 

 mainstreaming human rights into the  A framework encompassing the
work of the UN peace mission as well method and ways to fund and stabilize
as that of all UN programmes and countries facing lack of healthcare and
activities in the country. education,

 Feasible Method to counter


unemployment and corruption,

16 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

Topic Area B

Table of Contents

Introduction …………………………………………… 4

Roots of Xenophobia and Racism …………………... 5

Causes ………………………………………………… 6

Social Effects of Xenophobia ……………………….. 9

Economic implication ………………………………. 10


The Impact on Protection and Integration due to Xenophobia 11

Why violence extends from Xenophobia and Racism 13

Case Studies ………………………………………… 16

Major UN bodies involved ………………………… 22

Efforts towards a solution …………………………. 25

What we look for in a Resolution ……………….. 27

17 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

Introduction Nations has taken important measures against


this issue. A series of international human
In today’s ever-developing world, globalization rights treaties and other instruments have been
and migrations provide people with the adopted. The United Nations adopted the
opportunity to interact with people from other Universal Declaration of Human Rights on 10
nations and ethnicities. As the interaction December 1948. The adoption of this
between people increases so does the racial Declaration strengthened the international
discrimination. Racism, racial discrimination, human rights movement by defining the basic
xenophobia, and related intolerance occur on a civil, political, economic, social and cultural
daily basis. Such behaviour hinders the rights that all human beings should enjoy for
progress for millions of people around the the first time in human history it has over time
world. From denying individuals the basic been widely accepted as the fundamental norms
principles of equality and non-discrimination to of human rights that everyone should respect
fueling ethnic hatred that may lead to genocide, and protect.
racism and intolerance harm and destroy lives
Xenophobia
and communities. Nowadays, as the number of
polarising speeches delivered by politicians in UNESCO defines “xenophobia” as the
an accusing tone against minorities increase, following. Xenophobia stands for fear of the
the struggle against racism has become a matter stranger and means hatred of strangers.
of priority for the international community. As Xenophobia can be understood as "an
the Office of the United Nations High attitudinal orientation of hostility against non-
Commissioner for Refugees (UNHCR) stressed natives in a given population". Xenophobic
in its December 2009 Guidance Note on behaviour is based on existing racist, ethnic,
Combating Racism, Racial Discrimination,
religious, cultural, or national prejudice.
Xenophobia, and Related Intolerance through a
Xenophobia can also be defined as the
Strategic Approach: “Racism, racial
"attitudes, prejudices and behaviour that reject,
discrimination, xenophobia, and related
exclude and often vilify persons, based on the
intolerance constitute a serious threat to the
perception that they are outsiders or foreigners
overall protection environment for people…”
to the community, society or national identity."
The United Nations has been concerned with
Xenophobia and racism often overlap but are
this issue since its foundation and the
distinct phenomena. Whereas racism usually
prohibition of racial discrimination is crucial in
entails distinction based on physical
all core international human rights instruments.
characteristic differences, such as skin colour,
It places obligations on States and tasks them
with eradicating discrimination in public and hair type,
private spheres. Over the years, the United

18 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

facial features, xenophobia implies states to reduce their services in areas of social

behaviour based on the idea that the other welfare, education and healthcare. This
reduction influenced in particular the segments
is foreign to or originates from outside the
of the population living on the margins of
community or nation. society. These groups are often in direct
competition with migrants for welfare service
and are the main breeding ground for
Roots of Xenophobia and Racism xenophobic and racist ideologies. Research has

Two causes are put forward to explain the shown that severe economic inequalities and
resurgence of xenophobic and racist the marginalization of persons from access to

movements towards the end of the twentieth basic economic and social conditions give rise
to tensions and manifestations of racism and
century. The first cause is new migration
6
patterns that have developed as an effect of the xenophobia . Those perceived to be outsiders
gradual internationalisation of the labour or foreigners, often migrants, refugees, asylum-
market during the postcolonial era. In the seekers, displaced persons, and non-nationals,
receiving countries, social groups in are main targets.
disfavourable position considered newcomers At the same time, xenophobic or racist
as competitors for jobs and public services.
reactions are not necessarily aggravated by
This cultivated a social and political climate
the presence of a large number of immigrants.
that generated xenophobia and racism (i.e.
There are examples showing that social
defensive reactions against migrants), as well as
decline of specific groups and right-wing
nationalism (i.e. demands that the state provide
political organisations are sufficient
better protection against foreigners for its own
preconditions for the emergence of
population).
xenophobia
The second cause believed to reinforce
xenophobia and racism is globalisation.
Increased competition between states has led Causes

There are a number of causes for xenophobia


and racism but the ones discussed below are
the major ones that need to be dealt with
inorder to stop this problem. The emergence or
advancement of modern technologies has
increased the connectedness of the world in the
social,

19 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

political and economic realm. This phenomenal driver in Mumbai would most likely be enticed
change is called globalisation which is a to migrate to Amsterdam to seek better wages.
process describing the spread and So due to this awareness of disparities that has
connectedness of production, communication been enabled by technology, some poor citizens
and technologies across the world. The in poor countries migrate legally or illegally to
integration of national economies into one big the developed world. In 2007 it was predicted
global economy has created some winners and by the UN that 2.2 million people will migrate
some losers. The effects of globalisation come to developed countries, each and every year
with deep-seated political changes – poorer, with the trend being consistent up to the year
‘peripheral’, countries become dependent on 2050. However, as migrants have been settling
rich countries who usually are the biggest in richer countries to pursue a better life, local
investors with advanced technological host populations have become disillusioned
expertise. The widening gap of inequalities with the high numbers of immigrants that have
caused by the effects of globalisation, has put been settling in their countries. Globalisation
the poor country at a disadvantage in terms of has offered the free movement of capital and
opportunities for its citizens. Rich countries goods between countries which has resulted
have usually registered higher growth rates than into the integration of national economies into
poor countries, and for 20 years between 1980 one global economy. Through such changes,
and 2000, the continent of Africa registered the migrants have travelled to richer countries to
average GDP growth rate per capita as zero. seek better opportunities which are scarcely
Ultimately, the wealth gap between the rich and available in their own countries. However, as
poor countries has widened to astronomical they settle in other countries, host populations
heights, that the ratio between a country like the become disillusioned with the large influx of
United States and Madagascar is 50:1. These migrants who are considered as a drain on
large gaps in mean income and wages are the public resources. In over time, the observations
reasons why citizens in poor countries, migrate and outcries by host populations turn into
to countries which are deemed to offer more frustrations, where they begin to resent people
opportunities than their own countries. The TV, from other countries. Arguably, globalisation
internet and social media which are by-products has enhanced the porosity of national borders,
of globalisation, have helped to inform the poor which has in turn encouraged the poor to
citizens of the world of these wage disparities migrate to rich countries. It then can be argued
between the developing and developed that globalisational changes have a positive
countries. For example a bus driver in correlation with migration, which has in turn
Amsterdam earns about $20 an hour while as increased the cases of xenophobia in the world.
the same job in Mumbai pays about $3 an hour.
In such a scenario of obscene disparities, a bus
ot control the law and order. In

20 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

failing to maintain the rule of law the state can racism. Corruption filters down into the
condition many poor communities to violent various government departments at local,
behaviour. The failure to protect communities provincial, and national level. Like in South
from criminal elements and to remove those Africa in the home affairs, social welfare, and
elements had allowed criminals to take full law enforcement areas literally tens of
advantage of chaos and disorder to rob, rape, thousands of officials were implicated in
and loot during the violent uprisings. corrupt dealings.Evidence of widespread
Incompetence in the ministry of safety and corruption was uncovered by a host of agencies
security, falling standards, corruption up to the and the media. The government, however, failed
highest levels of the police, and affirmative to act with due diligence and most corrupt

action can erode the capacity of the police to officials got away with a slap on the wrist. Even
where the law took its course as in the case of
provide a safe and secure environment. This can
Tony Yengeni the ANC saw fit to carry him
befurther exacerbated by the poor performance
into prison like a conquering hero.
of the prosecution service in securing
Confidence in the state was substantially
convictions for offenders and the failure of the
eroded by corruption policy failures and poor
department of correctional services to
judgment on the part of government.
rehabilitate offenders. The failure of the state to
maintain law and order is the first direct Consequently it is not surprising that

contributing factor to the violence. communities saw the need to take their anger
onto the streets. Widespread corruption
A collapse of border control plays a vital role in undermining the role of the state is therefore a
increasing the rates of xenophobia and racism. further direct contributing factor to the
The collapse of proper border control violence.
mechanisms sees literally millions of people
When the education system fails the
gaining entry illegally. Poor policy decisions
government needs to reform or it ends up
and simple incompetence in border policing
facing a number of unwanted problems. Poor
therefore contributed directly to the presence of
education carries much of the blame for the
a large illegal population. Without adequate
high unemployment levels. The output of the
legal standing in the community these people
school education system therefore becomes
became easy or soft targets for mob violence.
far from adequate to free households from
Corruption where it causes a host of state dependency or to acquire the skills
problems also increases violence necessary to find employment in a heavily
caused by xenophobia and as a result
regulated labour market.
increase in the rates of xenophobia and

21 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

The education system is a good example


Sometimes acts of not allowing refugees and to
where policy failures in one area compounded
an extent xenophobic behaviour is also
those in another. Poor education compounds practiced by countries as seen in Hungary.
the inappropriate labour market policy which Hungary is an EU country and has been noted to
in turn compounds the unemployment done the least in helping the refugees. In June of
problem. 2015 the Hungarian government constructed a
four metre tall fence in order to seal its southern
A slow economic growth rate atongonizes the border with Serbia. This was because the
people and cause them to take matters into their government felt as though they couldn’t handle
hands which may include oppression of the influx of the refugees; the EU and NGOs
minorities. In many cases ideologically driven warned Hungary to find other ways. The
beliefs in the state's role in managing the migrants would then go around Hungary
economy overruled pragmatic policy through Serbia however, on September the
responses.Agriculture is a prime example Hungarian police decided to block the route
where the governments' policy on commercial from Serbia with heavily armed soldiers and
producers could best be described as hostile if helicopters, leaving the refugees helpless. They
food prices begin to rise. Increasing food prices were in such a desperate state to cross the
directly compromised the welfare of poor borders the refugees ending up breaking down
communities and must be identified as one of the fence twice in one day, the governments
the key causal factors responsible for the respond to this was with tear gas and water
violence. Rising inflation is a second key cannons – a brutal way to treat unarmed
causal factor for the violence where a failure refugees who just escaped a warzone area. By
of the Reserve Bank's inflation targeting policy September 2016, Hungary had detained 519
has largely undone much of the anti-poverty people and even pressed criminal charges
impact of social grants spending. Again this is against 46 for trespassing. Soon afterwards,
an example of one policy failure compounding Hungary started building another fence with its
failures in a host of other areas. Both food border on Corona making the refugees to take a
prices and inflation together with rising fuel harder and longer route through Slovenia
costs directly impact upon poor households and instead.
which can force them to cut down on basic
staples.

22 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

One of the social impacts of Xenophobia is Foreign resources would normally be able to
that it breeds an atmosphere of hostility and supplement South Africa’s domestic savings
distrust in society. This can lead to the decline directly or indirectly by providing foreign
in the number of migrants to that particular exchange to buy imports or as substitute for
society. This, in turn, has a negative impact on domestically produced consumer goods.
the economy, that will be deprived of the Additionally, looking at the consequences o f
influx of talent and resources. the perception of the quest to achieve the
Escalation of this hostility can lead to a spree of millennium development goals, especially with
violence, like the one seen in South Africa in reference to developing global partnership for
2008, which was the result of the prevailing development, xenophobic attacks will
mood in the nation. This xenophobic reaction is compromise the achievement of this goal if the
not new to the 'Rainbow Nation', as there have problem is not. Xenophobic attacks also work
been several such scenarios in the Apartheid against the dictates of Articles five and nine of
Era there, and these were expected to stop after the Universal Declaration of Human Rights
democratic rule was established in the country Laws (Ilesanmi, 2004: 280-281)—- ‘Article5:
in 1994. Negative effects of xenophobia on a No one shall be subjected to torture or to cruel,
community include turning the community into inhuman or degrading treatment or
a closed one, where there will be no punishment’, ‘Article 9: No one shall be
introduction of new ideologies, innovations, subjected to arbitrary arrest, detention or exile.
and thought processes. It will also have long- These attacks destroy the human dignity of
term effects on the tourists as well, who will be others, as well as contradict the stipulations of
advised against and also prefer not to visit such Articles six and twenty-three—‘Article
a volatile region. This will result in the loss of a 6: Everyone has the right to recognition
chunk of revenue, and various industries that everywhere as a person before the law’,
come associated with the tourism sector will be ‘Article 23: Everyone has the right to work,
hit. Another pertinent issue is that available to free choice of employment, to just and
surplus finance by foreign borrowing which favorable conditions of work and to
shows a cordial relationship among different protection against unemployment’
citizens and governments of such countries and
the world as a whole could also be lost or
denied in the face of xenophobic incidents. Economic Effects of Xenophobia
In this regard, the majority of foreign leaders. Foreign investors are therefore,
investors lack community security. forced to rely almost completely on the
Consequently, this increases foreign
investors’ exposure to abuse, crime and
extortion by individuals and community

23 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

authorized institutes of justice and they are anybody back to his/her country unless such
hindered by lack of trust and faith in the police person/s has/ have been tried and found guilty
and courts aggravated by language barriers. In by a competent law court of such country for
reality, every country is aware of how powerful committing an offense that warrants the verdict
investments are to their economies. Candidly of the court. The observably fact remains that
speaking, any country that does not consider those perpetrators who actually participate in all
foreign investments as one or part of her these forms of xenophobic attacks undoubtedly
economic growth and development priority, is contribute to the downfall of economic
definitely digging for her economic collapse. development of the country. Apparently, the fact
Observably, some African countries such as remained that for any country to improve or
Nigeria, Ghana and Zimbabwe have previously maintain success or progress economically in
implemented xenophobic attacks and this this current world economic dispensation, there
definitely reflected on their economies after is substantial or considerable need to be in good
sending foreign investors back to their accord with other nationals residing in the
countries. In fact, they regretted their actions country, invest in one another’s economy and
and undiplomatic decisions taken against the welcome one another into their environment
foreign nationals residing in their countries. In with passion, peace, tranquility and learn how to
addition, the execution of impromptu live with different people in harmony. In fact, it
xenophobic attacks by Nigerians, Ghanians and is very important to emphasize at this juncture
Zimbabweans against foreign investors residing that any country executing xenophobic attacks
in their countries have, however, largely would definitely have a propensity to experience
dissuaded many people who may wish to invest poverty. This is to say that a country cannot
in their economies (Atsenuwa and Adepoju grow or develop just on her own or local
2010; Posen and Ross 2012). This citizens alone but must be able and willing to
incontrovertibly implies that xenophobic attacks accommodate other foreign opportunities such
negatively affect the countries’ direct foreign as foreign investments, new technologies from
investments. Since xenophobic attacks victimize abroad, new business idea generations, good
those who fall casualties of the observable fact, vision and mission et cetera. It should also be
this devastatingly, tremendously and noted that different foreign investments would
overwhelmingly prompts the need to question bring about new and brilliant business ideas,
the government in the areas of its country’s which would invariably bring about
policy and its legislative environment for empowerment to the natives and as a result,
possible gaps, and also assess how the victims there would be many employment opportunities
of xenophobic attacks are compensated or to accommodate huge numbers of local citizens
treated. More importantly and constitutionally, who are unemployed.
no one should take laws in his/her hands to send

24 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

and services—including education, medical


care, food aid, and even access to UNHCR
The Impact on Protection and
Integration due to Xenophobia registration or formal asylum procedures as well
as access to judicial institutions— for fear of
Xenophobic and other bias-motivated violence venturing out to those places where they are
can contribute to a range of difficulties that Combating Xenophobic and Bias-Motivated
deprive refugees, asylum seekers, internally Violence 5 offered. The result is progressive
displaced persons, stateless persons, and marginalization and exclusion, largely barring
migrants of basic human rights protections. those under threat from the exercise of a range
These forms of violence threaten the physical of rights. As UNHCR recognized in its 2010
safety and security of affected individuals, Note on Protection, delivering protection
undermine access to asylum, contribute to “requires combating racism and various forms
deprivations of nationality or denial of of violence against individuals.” Because of its
citizenship, and can encourage the increased use impact on individuals, families and whole
of detention. As UNHCR stressed in its communities, xenophobic and bias-motivated
December 2009 Guidance Note on Combating violence impedes integration. At an OSCE
Racism, Racial Discrimination, Xenophobia, ministerial-level meeting, UNHCR described its
and Related Intolerance through a Strategic concern “with expressions of racism,
Approach: “Racism, racial discrimination, xenophobia and discrimination throughout the
xenophobia, and related intolerance constitute a OSCE area and beyond, which seriously
serious threat to the overall protection endanger refugees’ rights to international
environment for people of concern.” Individuals protection including their integration prospects
who fear such violence cannot move freely in into host societies.” Experts on migration have
the towns and cities where they reside, much highlighted the severe obstacles to integration
less participate fully in the larger society. As posed by bias-motivated violence against atrisk
one victim of an attack motivated by communities. In its 2005 Protection Conclusion
xenophobia explained, “Since the attack on me I on Integration, the Executive Committee of
feel very scared of people. I have lost every UNHCR called on States, and other relevant
hope of living in this community.” Bias- actors, to “combat intolerance, racism and
motivated violence sends a message of fear to xenophobia … and to foster empathy and
entire communities that share a similar identity, understanding through public statements,
and thus such incidents threaten the equal appropriate legislation and social policies,
enjoyment of fundamental rights and freedoms especially with regard to the special situation of
by a broader group as well as the individual refugees with the aim of allowing refugees to
victim. Fear of violence may prevent vulnerable participate actively in the
individuals from seeking available protection

25 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

civic, economic, and social and cultural belonging to refugees have now being burnt
life of the host country.” Addressing bias down, injuring 104 refugees. Through June to

motivated violence is a key to laying the September there was an estimated average of 3
xenophobic attacks a day towards the refugee
groundwork for successful integration
facilities.
policies.

This has problem has been erupting within


Germany as well. Germany has voluntarily
accepted between 800,000 – 1 million refugees. Why violence extends from
This is highest numbers of refugees accepted in Xenophobia and Racism
the European Union. Germany had promised to
“provide them [the refugees] with housing, Particularly pernicious patterns of violence and
schooling for their children, and an abundance intimidation in many parts of Europe and North
of jobs.” For the refugees who are accepted, America are driven by racism and xenophobia.
they are given a 3 year permit to stay in Members of minority groups may be victimized
Germany; if the situation in their country has because of the color of their skin or other
improved they will be able to apply for a physical attributes, while such prejudice is
permanent residential permit. The German sometimes exacerbated by religious intolerance
teachers are now providing German courses in or cultural stereotypes. The principal victims of
order to allow the refugees to not be so isolated racist and xenophobic violence are often
in their society. They are also planning to add described as members of “visible minorities,”
more teachers to the schools who are although this term may be misleading. Even a
specialized in teaching children that have had minority that is not easily distinguished by
“trauma experience’s” The use of making their physical features may stand out as “different”
public education system more suitable for the because of language, religion, and a variety of
refugees has also been researched it will prevent other cultural indicators. In the 2008 annual
racism at a young age. This all has made report, the European Union’s Fundamental
Germany a favorable destination ever since Rights Agency noted that its national contact
Lebanon closed its borders. Although a vast points “continue to indicate that visible
number of Germans are in favour of the minorities in Europe, such as Black Africans,
refugees there has been a rise in an Roma, or Muslim women wearing headscarves,
“anti‐immigration party”, the refugees are now are disproportionately vulnerable to racist
starting to face discrimination in the job market
victimization,” taking into account their
as there is the notion of “taking their jobs”, and
relatively low numbers in the population.27 In
violent attacks on the streets as a resentment for
them is now particularly starting to grow. There
has been a report that an estimated 222 houses

26 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

many cases, discrimination against particular ethnicity, may be no less “visible” and
groups combines racism and xenophobia with susceptible to become targets for racist violence.
hatred and prejudice founded on religious Attacks motivated because an individual was
intolerance. Distinguishing the forms of perceived to be a member of a hated group were
discrimination faced by some communities as also frequently based on misconceptions that
predominantly driven by either racism or underscored the broad reach of racism. Non-
religious bias is sometimes neither possible nor Muslim people of South Asian origin, including
particularly helpful in countering these forms of Sikhs and Hindus, have been targeted—
discrimination. An overlay of multiple forms of particularly in the United States—by attackers
discrimination is present in prejudice and hatred shouting anti-Arab and anti-Muslim epithets.
toward immigrants, where fear of the foreign or Others suffered antisemitic or other bias attacks
unknown—a standard definition of because they were mistaken for Jews,
xenophobia—blurs together prejudice against immigrants, or other “visible minorities.” In one
differences in appearance, culture, religion, and case, a Russian prosecutor accounted for a hate
other factors. But the same combination of attack on a Russian citizen who appeared to be
biases is also present with regard to national dark-skinned by explaining “in the 8 —
minorities and other communities that may Violence Based on Racism and Xenophobia a
stand out in their own countries. Gender bias, Human Rights First Report nighttime, due to
too, often combines with racism and lack of natural and artificial lights,” the victim
xenophobia. Women may be attacked because was simply “mistaken for a non-Slav.” The rise
their customs and dress do not fit gender in racist and xenophobic violence in the region
stereotypes. At times, racist assaults take has been reported in the context of widespread
particularly vicious and gender-specific forms. harassment and intimidation of minority
Women are frequently attacked because their populations through both physical and symbolic
particular gender-specific forms of dress— such means. A range of symbols and slogans have
as the Islamic ħijāb or the long dresses worn by emerged within the specific national contexts of
many Roma—are taken as a symbol of particular countries or regions, from “Russia for
difference, or of defiance. In numerous reported the Russians” and “Germany for the Germans”
cases of racist and religiously motivated attacks to the more adaptable slogan “Foreigners
in Europe, assailants have shouted obscenities at Out”—a variation on the emblematic antisemitic
Muslim women and attempted to tear off their slogan of German Nazism, “Juden Raus/Jews
headscarves. In many countries, and notably in Out.” The symbols of German Nazism were
countries of the former Yugoslavia, members of used to send a message of hatred and exclusion
national minorities are similar in appearance andto members of a broad range of religious and
share a common ancestry. But distinct ethnic minorities, even as they retained their
communities within a country or region, defined particular antisemitic significance when
by custom, language, and religion rather than targeting Jewish families and

27 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

communities. Modern-day adherents of racial Within Greece we saw such cases as well. In
supremacy theories painted swastikas on Greece, due to the migrant crisis, in recent
refugee hostels, the offices of human rights years, there has been an observable increase in
organizations, and foreign students’ housing, as violence against refugees, asylum seekers, and
well as on Jewish, Christian, and Muslim especially migrants in Greece. Racist attacks
graves. Combined with the swastikas daubed on and threats against these groups have been
homes, memorials, community institutions, and reported in the media and by NGOs, along with
schools, these manifestations of hatred sent a suggestions that law enforcement officials have
chilling message to all who stand outside the often been slow to respond to such crimes. In
chauvinist ideal of extreme nationalists. Across 2011, ultranationalist mobs took to the streets in
the OSCE region, anti-immigrant and ant neighbourhoods with large migrant populations
minority aggression led to incidents of extreme and attacked more than 100 Asians and
violence and everyday harassment and Africans. Hundreds of youth wielding baseball
intimidation. Racist violence often took the bats reportedly chased, punched, and kicked
form of persistent abuse that held families and foreigners; dozens of immigrant-owned shops
whole communities in a pervasive state of fear, were attacked or looted. Dozens of people were
even if most abuse fell short of serious threats injured. Many of the incidents reported over the
to life. This was the kind of “low level and last few years involved attacks on houses where
mundane racism,” that regularly went foreigners resided, attacks on refugees' shops,
unreported, and when reported, often went and beatings and stabbings of refugees, asylum
without response. But even low-level violence seekers, and migrants in the streets.
that persisted day after day—egg throwing,
broken windows, threatening graffiti, and
verbal abuse— brought with it an implicit threat
of more serious violence and crime. In many
Case Studies
cases, police remained unaware of hate crime
incidents. A serious shortcoming lies in the 1) Xenophobic and racism rise
failure, sometimes due to unwillingness, of law in the USA and it’s political
enforcement agencies to establish relations with system
particular minority communities, resulting in
many crimes not being reported to the
authorities. Similarly, some police agencies also
fail to appropriately record the evidence of bias
attacks when victims do in fact come forward.

28 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

You could see the disagreements over racism— his race, is that not the definition of racism?” he
when and how the term should be applied— asked Trump, in what would come to be seen as
throughout the course of the campaign. Trump’s a kind of Welch-McCarthy moment for the
abhorrent message was clear from the outset. Never Trump movement. But as Tapper said, it
came
“They’re bringing drugs,” he said of Mexican
immigrants on the day that he announced his down to definitions. “No, I don’t think so at all,”
Trump said in answer to Tapper’s charge.
candidacy. “They’re bringing crime. They’re
rapists. And some, I assume, are good people.” “He’s proud of his heritage. I respect him for
that.” Some commentators agreed: He wasn’t
Before that, of course, he’d spent years proudly
championing the racist birther movement. Yet calling Judge Curiel inferior, only saying that he
might be biased on account of his ethnicity.
for many months to follow, the question of
Trump’s status as a racist—whether he had Brown University economist Glenn Loury
officially pointed out that in other contexts, we’re happy
earned the label—remained a topic for to
discussion. He’s just “careless and acknowledge that a person’s background can
undisciplined,” his inform her judgment and perspective. Still, a
defenders said. “Donald Trump seems racist,” consensus was emerging, at least among elites,
Andy Samberg said at the Emmys in September that Trump had indeed crossed the racist line.
2015. In a televised debate in March, Hillary Even Paul Ryan, now the president-elect’s
Clinton dodged the question of whether Trump toadie on the Hill, went after Trump in June,
deserved the scarlet R: “I was the first one to calling
call him out” for his “deeply offensive rhetoric,” the attack on Curiel the “textbook definition of a
she said, adding that “trafficking in prejudice racist comment.” Ryan’s choice of phrase was
and paranoia has no place in our political revealing. In defining racism, he did not cite the
system.” dictionary. That’s where one would expect to
But is he, in fact, an actual racist? “People can find the most common understanding of the
draw their own conclusions,” she said. That word. But Trump’s attack on Curiel does not fit
waffling ended for many in June, when Trump so
announced he’d been victimized by Gonzalo neatly into, say, the first definition that you’d
Curiel, the federal judge overseeing a lawsuit find on Dictionary.com: “the doctrine that one’s
against Trump University—because “he’s a own racial group is superior or that a particular
Mexican.” (Judge Curiel was born in Indiana.) For racial group is inferior to the others.” Instead,
those with Hillary, this moment was decisive. Ryan appealed to the textbook meaning of
“Donald Trump Finally Admits His Campaign racism, which is to say, the one that derives
Is Racist,” declared the Huffington Post. from
“Trump’s Attack on a Federal Judge Is an Open academic expertise. When racism first came to
Appeal to Racism,” said Slate. “Trump’s Attack be examined as a social problem, starting in the
on Judge Curiel Is Clearly Racist,” wrote 1920s, the term referred to something plain to
Newsweek. In an interview the following week, see: an explicit ideology of domination, as
CNN’s
Jake Tapper gave cathartic voice to this idea: “If
you are saying he can’t do his job because of

29 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

expressed by individuals. By the 1960s, single one of them treats bias as something
though, this old-school, overt racism seemed implicit and unconscious rather than malicious
in decline and the term was broadened to and intentional. This puts the literature at odds
include more subtle agents of discrimination, with a public understanding of prejudice as the
exploitation, and inequality. Entire institutions product of malicious feelings, the source of
could be racist, and systems could be racist, hate crimes, and an ingredient of classic racist
separate from the people who composed them. ideology. “The gap between common and
In the past few decades, scholars have researcher understandings of ‘prejudice,’ ”
stretched the boundaries of the term even Forscher wrote, “can create problems when
further. Now we understand that people, too, researchers attempt to communicate their
can be racist in subtle, systematic ways. Even findings to the public.”

if you disavow white supremacy, you might That’s exactly what happened in the 2016
still be subject to its influence, as well as the election. Journalists and even politicians like
unintentional form of racial prejudice that Paul Ryan examined Donald Trump and
social scientists call “implicit bias.” You and I announced he was a racist. But millions of
are racist, essentially, in ways we’re not Americans looked at the same facts and came to
consciously aware of. a different conclusion. He was not a racist, at
least as they understood the term. The
The broader definition of racism as something
breakdown of communication was never more
systemic or implicit has flourished on the left
apparent than during the first debate, when
and in academia. That’s for good reason: It
Lester Holt asked the candidates how they
allows us to talk about the nation’s most
might improve race relations. Trump gave his
important social problems—police shootings,
standard, crude response, proposing greater use
for example—in the most impassioned moral
of stop-and-frisk policing and more policing
terms without labeling specific people as evil or
overall. “We have to protect our inner cities,”
malicious. (Maybe cops mean well, as a rule,
he said. Then Clinton went to her textbook
but like the rest of us they suffer from implicit
definition: “We’ve got to address the systemic
bias.) This more nuanced understanding of
racism in our criminal justice system,” she said.
racism calls attention to persistent racial
“I think implicit bias is a problem for everyone,
injustice while at the same time framing it in
not just police.” Systemic
broader, more communal terms. It calls out the
racism and implicit bias: On Twitter, racial
problem and invites solutions. But textbook
justice activists rejoiced. Finally, she said the
racism, however useful it might be as rhetoric,
words out loud! But how many people truly
comes into conflict with the more old-fashioned
dictionary definition of the word. Last year, understood what she was saying? A few weeks

social scientist Patrick Forscher reviewed the later, the Washington Post published a video in
most-cited studies on prejudice from the past which Trump confessed to habitual sexual
quarter-century and found that almost every assault,

30 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

boasting to Access Hollywood’s Billy Bush legal standards, and especially among the class
that he routinely grabs and kisses women of people who are most directly affected by the
against their will. Soon, numerous women had crime. It follows, then, that women would not
accused him of engaging in exactly this respond to the Access
behavior. This, again, was deemed an Hollywood revelations in unison, as a clear
automatic disqualification: Trump had shown example of a candidate who crossed a line.
himself to be a misogynist—a sexual predator, Rather, voters would draw on different
even. Surely he was finished. How could any definitions of misogyny so they could make
woman vote for him? But polling soon different judgments of the facts.
revealed that lots of women were unmoved by
This is the lesson of the racist, misogynist
these revelations. More than half of non-
candidacy of Donald Trump. We thought these
college-educated white women agreed that
labels, once applied, would stop him in his
“grab them by the pussy” should be
tracks—that if we could only “prove” that
understood as harmless “locker room talk”
Trump was racist and sexist, we’d reach some
rather than threatening hate speech. How
common ground of moral decency, and all but
could that be possible?
the most extreme Trump supporters would have
Back in 2009, Yale University’s Dan Kahan ran to back away from him. In the end, though, we
a study of a notable date-rape case from 1988, inmisunderstood the vagueness of those terms.
which the woman—a college sophomore—had Labeling Trump didn’t work, because there is
repeatedly said “no” during a sexual encounter. no common ground in America when it comes
For his experiment, he gave the facts of the case to what those labels mean. No matter what
to 1,500 people along with one of five different Trump said about women or Muslims or black
legal definitions of sexual assault (including a people, millions of Americans will never see
“no means no” condition), and then asked them
him as a racist and misogynist. That’s not about
whether they believed the defendant should
to change.
have been convicted of a crime. In the end, he
found the legal definitions made less of a It just is not with Donald Trump violence due
difference to the subjects than their cultural to xenophobia within the USA has been
backgrounds. Women, in particular, were the extending for a while now. In the United States,
most sharply divided in their understanding of the polarising national debate on immigration
the case, according to their identities as either
has lead to violent xenophobic assaults against
egalitarian (more likely to be liberal) or
Hispanic people. There have also been some
hierarchical (more likely to be conservative).
Whatever the explanation for this result— reports of
Kahan’s is rather subtle—it shows that
fundamental disagreements over the meaning of
rape can persist even in the face of explicit

31 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

attacks on refugees and asylum seekers. A high have not been made public. Despite such
incidence of racist attacks on black Americans efforts, racial attacks and intolerance due to
and immigrants is also reported by municipal xenophobia kept occurring.
and county hate crimes monitors. A 54 percent Moreover, Ask Mario Khumalo to explain
rise in the growth of hate groups operating in South Africa’s crime rate or its economic
the United States since 2000 has been reported troubles, and he has an answer that sounds like
by news agencies. Although hate crimes are a a Donald Trump talking point: There are too
serious and continuing problem in the United many foreigners. “We have allowed in
States, the government has taken important criminals and former child soldiers. The
steps to prevent and respond to hate crime. The government has failed to protect its own
government has generally responded to hate people,” the 37-year-old said in a phone
crimes vigorously by putting in place a robust interview. Khumalo has launched a new
system of monitoring and reporting, as well as political party called South Africa First,
creating and improving a sound legal base for promising mass deportations of immigrants
prosecuting hate crimes as the more serious
and “strict vetting.”
crimes that they are.
In recent days, with a rise in xenophobic
violence and demonstrations, it appears his
2) South Africa platform has found broader appeal. About 2.2
million immigrants live in South Africa,
In May 2008, racial attacks broke out in as according to the last census, the majority from
many as 135 different locations across the other African countries such as Zimbabwe,
country leading to at least 62 deaths and Mozambique, Lesotho, Nigeria and Somalia.
resulting in over a hundred thousand people Many migrants lack official documentation and
displaced, and substantial property damage. are working in the country illegally. Since
Before the 2008 violence, at least another 72
Nelson Mandela’s election in 1994, the country
foreign nationals had been killed in allegedly
has been seen as a beacon for migrants fleeing
xenophobic attacks since 2000. Patterns of
war and poverty in other parts of the
violence included a number of cases of attacks
continent.But as South Africa has struggled with
on all foreigners living in a particular location
poverty and crime, migrants have increasingly
as well as attacks specifcally targeting foreign-
found themselves in the crosshairs,
owned shops. After the rising tension in the
country, certain provinces have drafted
contingency plans for widespread xenophobic
attacks, and the National Prosecuting Authority
has begun monitoring cases of xenophobic
violence, although the results of that monitoring

32 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

blamed for stealing jobs and committing deciding what positions his party will pursue in
crimes. The unemployment rate in the country future elections. “People come here because
they think South Africa is the land of milk and
is more than 30 percent.
honey, but it’s still a country where people are
On Friday, protesters marched through the
living without flushing toilets,” he said.
administrative capital, Pretoria, calling on the Khumalo, who lived in the United States for 11
South African government to take a stronger years, says his focus on protecting South
stance against illegal immigration. In one part Africa’s borders wasn’t inspired by Trump,
of the city, protesters appeared to lunge at a even if their campaigns show similarities.
group of immigrants, with police officers firing “We’ve been struggling with immigration since
rubber bullets to separate the two groups.The long before anyone here ever heard of Donald
mayor of nearby Johannesburg, South Africa’s Trump,” he said. South African economists
largest city, spoke out against the incident. have said that foreign workers have a small
“I would like to again reiterate my deep impact on employment in the country, making
up about 4 percent of the workforce. But for
concern for the flare-up of xenophobic violence
years, aspiring politicians and government
in parts of Gauteng,” Mayor Herman Mashaba
officials have directed their anger at
said, referring to the province that contains the
immigrants.
two cities. In the days before the protest, On Thursday, protesters in Nigeria’s capital city,
residents distributed fliers around parts of Abuja, responding to the string of xenophobic
Pretoria. incidents in South Africa, attempted to storm the
“Nigerians, Pakistanis, Zimbabweans etc bring office of South African mobile phone company
nothing but destruction; hijack our buildings, MTN. On Friday, the office remained closed and
sell drugs; inject young South African ladies surrounded by police, according to reports.
with drugs and sell them as prostitutes,” the South African leaders, meanwhile, tried to
fliers said, according to the Daily Maverick distance themselves from the demonstrations in
newspaper. Friday’s demonstration came days Pretoria. “Violence has no place in our country,
after more than 30 foreign-owned shops across where we strive to promote peaceful
Pretoria were looted. Since the beginning of the coexistence between all those who reside within
year, at least 14 Somalis have been killed in our borders,” Zizi Kodwa, a spokesman for
South Africa, according to the Somali South Africa’s ruling African National
Community Board of South Africa. Khumalo, a Congress party, said in a statement. South
former account manager at an electronics Africa’s bouts of xenophobia fly in the face of
company, says many South Africans are getting
competing efforts to increase unity across the
tired of the way the country serves as a magnet
continent. The African Union last
for the downtrodden, even as South African
citizens are struggling to get by. He is still

33 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

year proposed an “African passport” that bias-motivated violence, and efforts in this area
would allow visa-free access across its 54 are increasing, there is a need for greater

member states. But disputes between African consistency to ensure that UNHCR country
offices engage proactively to address these
nations and an anti-immigrant sentiment in
protection challenges when refugees or other
places such as South Africa and Kenya make
populations of concern to UNHCR are among
its implementation unlikely. those affected by xenophobia and bias-related
violence. In this regard, it is important that
Major International Bodies initiatives to address xenophobia do not focus
Involved only on awareness raising campaigns, but also
include concrete protection mechanisms
1) UNHCR
focusing both on prevention and responses.
The U.N. Refugee Agency engages in efforts to Over the last few years, UNHCR has taken
combat xenophobia and racism from the some important steps at various levels of the
perspective of its mandate to provide agency toward addressing protection of
international protection to refugees, assist refugees, asylum seekers, stateless and
governments in finding durable solutions for internally displaced persons who are affected by
them, as well as to prevent and reduce stateless xenophobia, racism, intolerance, and bias
and protect stateless populations. In line with its motivated violence, including: The 2009
mandate and responsibilities, UNHCR has an Guidance Note: In December 2009,ν UNHCR’s
important role to play in working with Division of International Protection Services
governments, civil society and victims in an (DIPS) issued a Guidance Note on “Combating
attempt to better document xenophobic violence Racism, Racial Discrimination, Xenophobia,
that affects the populations “of concern” to and Related Intolerance through a Strategic
UNHCR, assist these victims in reporting Approach.” The Guidance Note outlines for
violence to the authorities, and advocate UNHCR offices around the world as well as for
accountability through criminal justice systems. governmental authorities and civil society key
António Guterres, the High Commissioner for elements of a strategic approach to tackle
Refugees, has spoken out publicly against racism, xenophobia, and hate Combating
xenophobia since his election to the post in Xenophobic and Bias-Motivated Violence 9
2005. The Executive Committee of UNHCR crimes— including monitoring and tracking
has repeatedly urged UNHCR (as well as incidents, providing support to victims, and
States) to take steps to address xenophobia, engaging diverse networks and actors such as
racism and intolerance—including in law enforcement officers, government
conclusions from 1992 and 2002. While several institutions and officials, and
UNHCR offices have developed projects or
initiatives aimed at addressing xenophobia and

34 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

others. The Note also cites Human Rights First’sworking with government officials, relating
Ten Point Plan for Combating Hate Crime concerns to the police, bringing together
which outlines steps that states should take to communities affected by violence, and raising
address bias motivated violence. In its 2011 awareness among the general public. The
Note on International Protection, UNHCR Memorandum of Understanding betweenν
points to “a noticeable rise in xenophobia and UNHCR and OSCE/ODHIR (See Appendix
other forms of discrimination against asylum IV): In June 2011, the collaborative relationship
seekers and refugees” and reaffirmed that between the UNHCR and the OSCE Office for
UNHCR “has made combating racism and Democratic Institutions and Human Rights
related xenophobia a key protection priority.” (ODHIR) was formalized by the signing of an
Urban Refugee Policy: UNHCR’s urban official Memorandum, in which the two bodies
refugeeν policy, released in September 2009, agreed, among other things, to share information
acknowledges that urban refugees can face for annual reporting, provide joint technical
xenophobia and discrimination, and commits advice to States, train staff, issue joint
UNHCR to further addressing these challenges. communications, and prepare pilot projects.
It also describes the importance of UNHCR’s While UNHCR has taken these and other steps
partnerships with local and national officials, to address the many serious protection
including police and judiciary, the private challenges sparked by xenophobia, racism, and
sector, NGOs, legal networks, and other parts of intolerance, there is more that the Agency can
civil society in protecting asylum seekers, and should do to facilitate and support the
refugees, and migrants in urban settings. Field- development of effective strategies and projects
Based Projects: UNHCR has developed orν in some local UNHCR offices and to encourage
supported several specific projects in various states to take more action to address these
countries—including Ukraine, South Africa, protection challenges. In a number of States, for
Costa Rica, and Italy—that are aimed at instance, UNHCR is well placed to assist
countering xenophobia and related protection affected refugees, asylum seekers, and other
problems. Several of the projects focus on persons of concern to improve reporting of
awareness-raising, but others are more targeted, incidents to the authorities, to help lead
such as the development of a code of conduct collaborative strategies, and to encourage State
for journalists in Italy and a project aimed at leaders to condemn bias-motivated violence and
developing an “early warning” system in South to prosecute the perpetrators of such acts.
Africa. The Diversity Initiative in Ukraine, 2) Office of the High
which is described below, is a multifaceted Commissioner for Human
effort aimed at improving documentation, Rights (OHCHR)

The OHCHR has a broad mandate to address

racism and xenophobia. Lacking the

35 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

globe, it works to press State institutions and ethnic, religious, and linguistic minorities;
provide technical assistance with the goal of persons with disabilities; women; and lesbian,
addressing commitments to combat xenophobia gay, bisexual, transgender, and intersex
and other forms of intolerance. The OHCHR persons. The OHCHR has explained that it
recently reaffirmed that “the protection and “aims at building national capacity to eliminate
promotion of the human rights of all migrants is migration-related discrimination through
a priority.” High Commissioner Navi Pillay has advisory services, research and analysis, raising
reminded states of their obligations to protect awareness and mobilizing support for
migrants from bias-motivated violence, antidiscrimination measures—such as
emphasizing that: “Governments have legislation, policies and programs—and
obligations to ensure that xenophobic violence, engages with the wider community forging
racism, and related intolerance against migrants partnerships in this field.” OHCHR is well-
and their communities have no place in their placed to play an enhanced role in addressing
societies.” The OHCHR has raised these bias-motivated violence and related forms of
obligations in their engagement with the intolerance
Universal Periodic Review and in their work 3) International Organization
with the Special Procedures. The OHCHR’s for Migration (IOM)
Anti-Discrimination Section is responsible for
developing national action plans and supporting With 132 member States, IOM’s mission
governments and other stakeholders in declares that the organization is dedicated to
implementing the Durban Declaration and the principle of humane and orderly migration.
Program of Action (DDPA) and the Outcome IOM’s efforts to address xenophobia and
Document of the Durban Review Conference. related violence have mainly relied on various
The DDPA and the Outcome Document urge awareness-raising campaigns. IOM, working
States to develop national action plans to with UNHCR, played a leading role in
combat racism, xenophobia, and intolerance; to launching the Diversity Initiative in Ukraine
monitor the implementation of these plans; and (which is described below). IOM’s Director
to establish mechanisms to collect, analyze, and General William Lacy Swing has expressed
disseminate reliable Combating Xenophobic concern about migrants being subjected to
and Bias-Motivated Violence 10 statistical data. “unfair and misinformed labeling and
The Anti-Discrimination Section provides scapegoating” and “in the worst cases to
guidance on the development of national action racism, discrimination and xenophobia” and
plans, antidiscrimination legislation and has stated that “IOM is committed to do
educational materials. The OHCHR has adopted
everything possible to prevent the victimization
an all-inclusive approach to combating
and criminalization of migrants.
discrimination, evaluating its impact on the
lives of indigenous people; migrants; national,

36 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

ODIHR: in 2009 11 UNHCR offices submitted


Efforts Made to solve this Problem information, while in 2010 that number
increased to 21.61 Efforts are underway to
1) OSCE and UNHCR expand this cooperation to include: more
systematic documentation by UNHCR field
A new formal agreement between the UNHCR offices for ODIHR annual reports; training for
and the OSCE’s Office for Democratic UNHCR protection officers in documenting and
Institutions and Human Rights (ODIHR) was responding to racist and xenophobic hate crime;
launched in June 2011. Both ODIHR and and joint advocacy in responding to individual
UNHCR have long recognized the need for incidents and seeking accountability. A
more indepth collaboration on combating Memorandum of Understanding between
racism, discrimination, and hate crimes. The UNHCR and ODIHR (Appendix IV)—signed
OSCE Ministers have tasked ODIHR with a on June 22, 2011, in Geneva—officially
mandate to provide States with tools to enhance formalizes the partnership. This partnership
their responses to hate crime. Since 2004, could encourage other international
ODIHR has produced and distributed organizations and agencies to develop formal
policymaking guidelines and educational tools collaborations to address these challenges. At
on hate crime legislation, data collection, and the same time, the expertise and partnership
response. It has also facilitated trainings on central to this MOU should also be leveraged by
documenting and responding to biasmotivated UNHCR as it takes steps to improve protection
attacks for law enforcement and criminal justice from xenophobic, racist and other biasmotivated
officials and for civil society actors. In violence in other regions of the world.
December 2009, OSCE Ministerial Decision
2) South African Human
9/09 on “Combating Hate Crime” (Appendix
Rights Commission
III) reaffirmed State commitments to combat
bias-motivated violence. Since 2007, the Public reporting by human rights or
ODIHR has also produced an annual hate crime
antidiscrimination bodies that address racist and
report on the OSCE region. The report includes
instances of hate crime motivated by racism and xenophobic violence are important efforts to
xenophobia against refugees and asylum raise the profile of these human rights concerns
seekers. ODIHR solicits information from
and to outline
States and has supplemented its reporting to
more accurately illustrate the extent of the
problem with information submitted by NGOs
and other international bodies like UNHCR.
UNHCR field offices have increasingly
submitted information about cases to the

37 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

and press for government responses. One such Authority has begun monitoring post-2008 cases
example of a study is the March 2010 report of of xenophobic violence, and certain provinces
the South African Human Rights Commission have drafted contingency plans for widespread
(SAHRC). The SAHRC is a national human rights xenophobic attacks. In its report, SAHRC
institution with a constitutional mandate. provided specific recommendations for improving
Following the May 2008 wave of violence against government policies, including that: The
foreigners that left 62 people dead and hundreds Department of Justice and Constitutionalν
of thousands displaced, at the request of civil Development develop hate crimes legislation and
society the Commission carried out an official support measures to institute it, and that the South
investigation and published a report on the “Issues African Police Services ensure training in hate
of Rule of Law, Justice and Impunity arising out crimes. The South African Police Services review
of the 2008 Public Violence against Non- recordν keeping systems and information
Nationals.” The findings of the SAHRC’s report collation mechanisms, standardize reporting, draw
included: Weaknesses in intergovernmental up guidelines, and—working with the Department
coordination andν institutional processes hindered of Justice—ensure that prejudice-related crimes
the response to the 2008 crisis. Progress has been against non-national individuals and opportunistic
made in some areas inν acknowledging and crimes exploiting the marginal position occupied
preparing for the contingency of future by nonnationals receive adequate focus and
xenophobic attacks; however further effort will be judicial response. The Department of Home
required to maintain this progress. Judicial Affairs work with police andν Disaster
outcomes for cases arising from the 2008ν Management to identify incidents that may be
violence have limited the attainment of justice for precursors to larger acts of xenophobic violence.
victims of the attacks and have allowed for By providing a full set of recommendations for
significant levels of impunity for perpetrators. The government action, backed up by detailed
Commission acknowledged its own accountability analysis, the SAHRC outlined a comprehensive
in the crisis as well and examined the need for plan for addressing biasmotivated violence in
better Combating Xenophobic and Bias- South Africa and committed to monitoring the
Motivated Violence 12 systems of monitoring and plan’s implementation. This kind of report, by a
redressing human rights violations, including governmental human rights commission, is a step
violent bias-motivated attacks. Although the that could be replicated in other places.
governmental response to the 2008 crisis was
inadequate, SAHRC recognized the subsequent
positive steps that have been taken to ensure
future preparedness. The National Prosecuting

38 | P a g e
Study Guide Social Cultural and
Humanitarian Committee

What we want in a Resolution

 Defined terms expressing Xenophobia


and all aspects related to it,

 Effective measures which the committee
should take to counter the rise of
xenophobia,

 Practical methods through which the
effects of xenophobia may be countered
,

 Feasible ways through which the
negative socio-economic
feedback and improper cultural
integration may be countered,

 Solutions to reduce violence and
promote rights and education in
underdeveloped regions,
 How to use current UN councils and
committees in countering this issue,

 Suggesting whether to create or reform
UN bodies in promoting peace and
safety whilst ensuring human rights to
those suffering from the problem at
hand.

39 | P a g e

You might also like