XIM MUN
Respected delegates,
The Executive board welcomes you to UNHRC simulated at XIM University, Fortune Towers,
Bhubaneswar. We are glad to address you all as responsible global citizens of tomorrow. XIM
is giving all of a great chance to simulate this Committee and we’re obliged to serve as the
Executive Board for this Committee. This Committee has been mandated to Human rights, it’s
violation and protection, which are in the interest of the globe at large.
Considering the nature of the conference, we all aspire to deliberate, learn and grow. The soul
purpose of the delegates of the committee should preferably be to take something like
knowledge, intellect and holistic skills back home after being a part of this conference. The
Committee would have delegates from all levels of experience, so the Executive Board would
make sure that everything that is deliberated in the Committee is well understood by the
delegates who shall be a part of the Committee.
At the outset, we would like to request the delegates to be well versed with the UNA USA
Rules of Procedure and the agenda at hand. However, the same shall be explained in details
before the commencement of the formal session of the conference. Research, passion to speak
and social skills would definitely help delegates to make a mark in this conference and we are
absolutely elated to learn that our prospective delegates do not lack any of these skills. We
hope that you all represent your member states in the best possible way as you can and we
assure you all that the Executive Board would always be there to address your queries
professionally in the Committee as mandated to us.
We wish all the very best to all the Delegates. See you all soon on 13, 14 and 15 January, 2023!
Jangyadatta Rath Girija Shankar Sarangi Saswat Mahapatra
CHAIRPERSON VICE CHAIRPERSON DIRECTOR
Human Rights Violation in Conflict and Post Conflict Zones
A breach of human rights occurs when individuals are prevented from exercising their
constitutionally protected rights to freedom of opinion and movement. It is possible for
individuals to violate these rights; nonetheless, it is the leadership or government of civilisation
that most often demeans those on the margins of society. In turn, this puts these individuals in
a circle of poverty and oppression, which is a vicious cycle. People who go through life with
the mindset that the lives of certain people do not have the same amount of worth as others' do
their part to keep this cycle going.
For example-
1. Evicting individuals from their houses by employing physical force (the right to
adequate housing)
2. For instance, polluting water supplies with garbage coming from facilities controlled
by the state (the right to health)
3. The failure to establish a minimum salary that is adequate for a livelihood that is at least
acceptable (rights at work)
4. Inability to avoid famine in any and all regions and communities throughout the nation
(freedom from hunger).
Types of Human Rights Violations
Directly or Intentionally
• It is possible for the state to commit a violation on purpose, or it may be the consequence
of the state's failure to take the necessary precautions to avoid the infringement.
• When a state violates the rights of its citizens, many different people, including law
enforcement, judicial and prosecutorial personnel, government officials, and others, may be
complicit in the breach.
• The violation might be of a physically violent form, such as police brutality, or it can
be of a nature in which there is no physical violence involved, as in the case of the right to a
fair trial. Both of these rights can be violated.
Failure by states to protect rights
• It takes place whenever there is contention between persons or organisations that are a
part of a society.
• If the state does nothing to act and safeguard persons and groups that are vulnerable,
then it is complicit in the abuses that are taking place.
• When there was a surge in lynching throughout the United States, the government did
little to safeguard black Americans who were being targeted.
Conflict and Post Conflict Zones
Conflict Zones - If they are handled or controlled in a positive way, conflicts do not result in
violent behaviour. Some disagreements end up leaving both sides feeling satisfied, while others
leave one or both parties feeling frustrated.
Post Conflict Zones - On the other hand, a conflict situation is considered to be post-conflict
when it has been declared that open fighting is no longer taking place. These kinds of
circumstances tend to stay stressful for years or even decades and have a high risk of
degenerating into widespread violence. In regions that have just emerged from armed conflict,
there is a cessation of hostilities but not necessarily true peace.
Effects of Conflict on People
Afghanistan
• An unprecedented food crisis has been brought on in Afghanistan as a direct result of
the country's collapsing economy and the lingering impact from the drought that occurred a
year ago.
• Because the majority of families have lost some or all of their incomes and are unable
to afford the rising cost of food, there is a risk that the cost of living in Afghanistan could rise
even further. This risk is compounded by the fact that the conflict in Ukraine is increasing the
cost of commodities around the world.
• After nations and international financial institutions blocked financing for Afghanistan
and confiscated its assets in the aftermath of the power transfer in Afghanistan a year ago, the
country has had a difficult time recovering from the loss of the foreign money that had kept it
afloat.
• Parents are resorting to heart-breaking measures, such as agreeing to sell one of their
children in order to finance the medical care of their other kid. Since August of 2021, it's
possible that 121,000 children have been moved throughout the nation in exchange for other
ones.
Democratic Republic of Congo:
• The volatile Democratic Republic of the Congo has been enduring violence and
political instability for over two decades, which has created one of the greatest and most
complicated humanitarian crises in the world.
• The Democratic Republic of the Congo has one of the worst health care systems in the
world, which is made much worse by the country's fight against Ebola, cholera, and COVID-
19, in addition to the volcano eruption in 2021.
• In the United States alone, significant levels of acute food insecurity affect around 27
million individuals.
• A stunning 5 million people have left violence, ethnic tension, and struggle over land,
making it the African nation with the highest number of internally displaced people. This is
more than any other African country.
Venezuela:
• The humanitarian catastrophe in Venezuela is becoming worse, despite the fact that the
country has been suffering from economic contraction, political instability, and violence for
over seven years in a row.
• More than 5.6 million people have left their homes in Venezuela, making it the second
greatest migration in the world behind the one caused by the civil conflict in Syria. However,
in contrast to earlier refugee crises, this one is not the product of a traditional war or other kind
of conflict.
• The economy of Venezuela is on the verge of collapsing, which has resulted in rising
inflation, skyrocketing unemployment, and shortages of cheap food, water, energy, and
medical care. As a result, families have been forced to escape to nations that are nearby.
• The continuous political and economic issues both within and outside of Venezuela
have aggravated the situation, which has been made much worse by the epidemic that has
spread across the country. The ever-increasing number of COVID-19 cases continues to put
Venezuelans in danger by straining already overburdened health systems and contributing to
rising rates of poverty, all as the country's education, food security, and health circumstances
continue to deteriorate.
South Sudan
• More than ninety children out of every one thousand in South Sudan will pass away
before they reach the age of five, giving the country one of the worst child mortality rates in
the world.
• Now, as a result of a major rise in food insecurity, one million children in South Sudan
are on the verge of starving, and there are no indicators that this trend will slow down.
• Recent catastrophic floods, the consequences of the COVID-19 epidemic, inter-
communal violence, and a general fall in economic activity have all had a terrible impact on
the area. A serious food shortage is now affecting 6.5 million people as a direct result of the
destruction of crops, animals, residences, and access to medical facilities.
Ethiopia:
• The youngsters of Ethiopia are confronted with difficulties that have never been seen
before. The area had been severely impacted by desert locusts, major floods, and other issues
that were tied to the changing climate.
• Because to the fighting in Tigray, almost 1.7 million people have been forced to flee
their homes across the Tigray area. Additional support is required for the 5.2 million
individuals who are currently in need.
• As a direct consequence of the fighting in Tigray, an alarming number of children are
presently living apart from their parents, with many of them being forced to survive in insecure
and deplorable circumstances in makeshift camps.
Nigeria:
• In recent years, there has been a significant reduction in the space in Nigeria for civic
and human rights activities.
• The administration that is now being headed by Muhammadu Buhari is notorious for
its lack of respect for the rule of law due to a variety of reasons, including the government's
flagrant contempt for court decisions and the Nigerian security forces' imprisonment of
demonstrators and human rights activists.
• There has been an increase in the number of minors being recruited by armed
organisations operating in the Sahel area.
• The fighting in Nigeria's northeast is becoming more intense.
Iraq:
• Iraq has been plagued by war and pervasive violence for decades, making it one of the
top five nations in which it is the most dangerous to be a kid in a battle zone.
• Because of the violence, an unprecedented three million Iraqis have been compelled to
escape their homes; almost half of these refugees are children.
• At the end of the year 2020, the unexpected closing of numerous official camps in Iraq
for Internally Displaced Persons (IDP) caused thousands of people to be forced to live in
deserted regions amid the ruins and unexploded weapons.
Iran:
• The Iranian administration has committed egregious breaches of human rights against
a diverse range of racial, religious, and social communities, including women, gays, students,
Bahais, Christians, Jews, journalists, and those who disagree with the government's policies.
• The Islamic Republic of Iran has a long history of violating human rights, spanning
three decades previous to the horrors that were observed in the wake of the elections in June of
2009. These violations were perceived as a direct result of the elections.
Philippines:
• Since he took office on June 30, 2016, Philippine President Rodrigo Duterte has waged
a "war on drugs," which has resulted in the murder of over 12,000 Filipino citizens to this day,
the most of whom were impoverished urban residents.
• Since its inception, Human Rights Watch has been compiling a report on the atrocious
campaign.
Myanmar:
• The military rule in Myanmar is widely considered as having among of the worst human
rights records in the world. This has been the case for some time.
• Militarism in Myanmar has not been successful in establishing peace and stability, nor
has it safeguarded human rights or guaranteed physical safety.
• To a greater extent than anything else, the continuance of the civil war in Myanmar has
been secured by the combination of militarism and ethnic resentment.
• UN agencies and non-governmental organisations (NGOs) such as Amnesty
International have, through a variety of reports issued on a periodic basis, brought attention to
violations of human rights. These violations include, among other things, the killing of people
while they were in custody; corruption; and the use of child soldiers; forced labour; sexual
violence; and so on.
• The Myanmar army and an ethnically motivated armed organisation known as the
Arakan Army have been engaging in an increasing number of skirmishes, which has led to an
escalating level of conflict in the states of Rakhine and Chin.
• A zone that was already weak after years of violence and catastrophe, and the civilian
population continues to pay a hefty price for it.
• In the most recent years, thousands of people have left their homes in search of a safer
environment. Around 860,000 Rohingya people are now living as refugees in the neighbouring
country of Bangladesh, and since 2018, around 200,000 people from a variety of groups have
been forcibly relocated inside the regions of Rakhine and Chin.
China:
• The political and legal status of Tibet, as well as the neglect of freedom of the press in
mainland China, are among the human rights issues that have been brought to light by a number
of human rights organisations in mainland China. These issues include the death penalty (also
known as capital punishment), the one-child policy (for which China had made exceptions for
ethnic minorities prior to abolishing it in 2015), the political and legal status of Tibet, and
freedom of the press in mainland China.
• In addition, there is a lack of legal acknowledgment of human rights, as well as an
independent judiciary, the rule of law, and due process. These are all areas that raise further
concerns.
• The severe lack of worker's rights (in particular the hukou system, which restricts the
freedom of movement of migrant labourers), the absence of labour unions independent of the
CCP, and allegations of discrimination against rural workers and ethnic minorities, as well as
the lack of religious freedom – rights groups have highlighted repression of the Christian,
Tibetan Buddhist, Uyghur Muslim, and Falun Gong religious groups are further issues that
have been raised in regards to human rights. Human Rights in China, Chinese Human Rights
Defenders, and the China Human Rights Lawyers Concern Group are just a few of the Chinese
activist organisations that are working to enhance these freedoms in the country. However,
Chinese human rights lawyers who embark on cases connected to these problems often suffer
harassment, the possibility of being disbarred, and even arrest.
North Korea:
• Killings without due process of law, systematic torture, arbitrary incarceration, forced
labour, rape, malnutrition, and other violations of basic human rights are only some of the
atrocities that have been committed. Without a question, the situation in North Korea with
regard to human rights continues to be one of the worst in the world.
Yemen:
• There are still over 23.4 million people in Yemen who need aid, including roughly 13
million children. This makes Yemen one of the countries with the biggest humanitarian crises
in the world.
• After eight years of fighting, the national socioeconomic structures of Yemen are still
teetering on the brink of utter collapse. At the same time, families are more susceptible to
communicable disease epidemics as a result of the conflict, large-scale displacement, and
periodic climatic shocks.
• By the end of the year 2022, more than 17.8 million people, including 9.2 million
children, did not have access to clean water, sanitation facilities, or hygiene education and
training.
• The nation continues to be plagued by recurrent outbreaks of vaccine-preventable
illnesses including as cholera, measles, and diphtheria.
Russia- Ukraine War
• The World Organization against Torture and its Ukrainian partners have documented
at least six cases of enforced disappearances and incommunicado arbitrary detention, as well
as at least four extrajudicial executions of journalists, human rights defenders, and
representatives of local authorities in March 2022 alone. This comes as the Russian army
secures control over some territories in Ukraine.
The United States of America:
• The United States of America has the highest rate of gun violence of any nation in the
world.
• At this time, the United States of America is the only industrialised nation in which
millions of people suffer from hunger.
• Crimes motivated by racism that have been committed in the United States have
horrified the rest of the globe.
• The use of deadly force and brutality against African Americans by law enforcement
officers is all too common.
• The racial divide is shocking when it comes to jobs and income.
• Religious intolerance continues to worsen.
• The problem of poverty among the elderly is growing to alarming proportions.
• The treatment of immigrants by the United States government has grown more severe
and brutal in recent years.
• As a result, human rights have been violated in practically every part of the globe,
regardless of the degree of development in those areas. These violations may take many
different forms.
Azerbaijan:
• The Parliamentary Assembly regrets the tragic humanitarian consequences of the
conflict between Armenia and Azerbaijan. It is a conflict which has seen two major outbreaks
of war, the first from the end of 1991 to 1994, and the second a 6-week war in 2020.
• During the recent 6-week war, over 3 900 Armenian and 2 900 Azerbaijani military
were killed or went missing, and there were many civilian casualties. Over 91 000 Armenians
and 84 000 Azerbaijanis were initially displaced.
• The main issues covered include, the dead, missing and wounded; prisoners of
war/alleged captives; allegations of crimes, war crimes and other wrongful acts; landmines and
unexploded ordnance; displaced persons; border tensions; cultural heritage; hate speech.
• Recommendations are directed to Armenia and Azerbaijan on steps to help solve the
humanitarian consequences in the short and long term and move towards a process of peace
and reconciliation. The international community, including the Council of Europe, is
encouraged to help both countries.
Children and Women in Conflict Zone
Violence against Women:
• According to a study that was just published by the National Family Health Survey
(NFHS), 5, there has been an increase in the number of cases of sexual and domestic violence
against women in the state.
• It has been shown that the percentage of married women between the ages of 18 and 49
who have ever experienced violence from their spouse has more than doubled, going from
20.6% in 2014-2015 to 44.5% now.
Children's Rights:
According to statistics from the National Crime Records Bureau (NCRB), there were a total of
1,28,531 crimes committed against children in India in the year 2020. This number suggests
that there was an average of 350 crimes committed against children registered each day during
the epidemic. International human rights law and international humanitarian law share the
common goal of preserving the dignity and humanity of all. Over the years, the General
Assembly, the Commission on Human Rights and more recently the Human Rights Council,
have considered that, in situations of armed conflict, parties to the conflict have legally binding
obligations concerning the rights of persons affected by conflict. In this respect, both
international human rights law and international humanitarian law provide extensive
protections and guarantees for the rights of persons not actively or no longer participating in
hostilities, including civilians. The application of both bodies of law should be carried out in a
complementary and mutually reinforcing manner. Doing so prevents gaps in protection and
could facilitate a dialogue with the parties to the conflict concerning the extent of their legal
obligations. Moreover, the complementary application of both bodies of law will also provide
the necessary elements for triggering national or international accountability mechanisms for
violations committed in the conflict. Finally, both legal regimes also provide the necessary
mechanisms to ensure that victims can exercise their right to a remedy and to reparation.
INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN
LAW IN ARMED CONFLICT: LEGAL SOURCES, PRINCIPLES AND ACTORS
International human rights law is a system of international norms designed to protect and
promote the human rights of all persons. These rights, which are inherent in all human beings,
whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion,
language, or any other status, are interrelated, interdependent and indivisible. They are often
expressed and guaranteed by law, in the form of treaties, customary international law, general
principles and soft law. Human rights entail both rights and obligations. International human
rights law lays down the obligations of States to act in certain ways or to refrain from certain
acts, in order to promote and protect the human rights and fundamental freedoms of individuals
or groups.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit
the effects of armed conflict. It protects persons who are not or are no longer participating in
the hostilities, and restricts the means and methods of warfare. Its scope is, therefore, limited
ratione materiae to situations of armed conflict. International humanitarian law is part of ius in
bello (the law on how force may be used), which has to be distinguished and separated from
ius ad bellum (the law on the legitimacy of the use of force). The use of force is prohibited
under the Charter of the United Nations. Nevertheless, international humanitarian law has to
be applied equally by all sides to every armed conflict, regardless of whether their cause is
justified. This equality between the belligerents also crucially distinguishes an armed conflict,
to which international humanitarian law applies, from a crime, to which only criminal law and
the rules of human rights law on law enforcement apply.
1. International human rights law
International human rights law is reflected, inter alia, in the Universal Declaration of Human
Rights, as well as in a number of international human rights treaties and in customary
international law. In particular, the core universal human rights treaties are:
1. The International Covenant on Economic, Social and Cultural Rights and its Optional
Protocol
2. The International Covenant on Civil and Political Rights and its two Optional Protocols
3. The International Convention on the Elimination of All Forms of Racial Discrimination
4. The Convention on the Elimination of All Forms of Discrimination against Women and
its Optional Protocol
5. The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment and its Optional Protocol
6. The Convention on the Rights of the Child and its two Optional Protocols
7. The International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families
8. The International Convention for the Protection of All Persons from Enforced
Disappearance
9. The Convention on the Rights of Persons with Disabilities and its Optional Protocol
2. International humanitarian law
International humanitarian law is a set of rules that seek to limit the effects of armed conflict
on people, including civilians, persons who are not or no longer participating in the conflict
and even those who still are, such as combatants. To achieve this objective, international
humanitarian law covers two areas: the protection of persons and restrictions on the means and
the methods of warfare. International humanitarian law finds its sources in treaties and in
customary international law. The rules of international humanitarian law are set out in a series
of conventions and protocols. The following instruments form the core of modern international
humanitarian law:
The Hague Regulations respecting the Laws and Customs of War on Land;
The Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field;
The Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea;
The Geneva Convention (III) relative to the Treatment of Prisoners of War;
The Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War;
The Protocol Additional to the Geneva Conventions and relating to the Protection of Victims
of International Armed Conflicts (Protocol I); and
The Protocol Additional to the Geneva Conventions and relating to the Protection of Victims
of Non-International Armed Conflicts (Protocol II).
CONCLUSION
International humanitarian law and human rights law provide complementary and mutually
reinforcing protection of economic and social rights in situations of conflict. International
humanitarian law imposes obligations on States engaged in a conflict to refrain from harming
the civilian population and also to ensure adequate conditions of life for the civilian population
with regard to matters of health, food, relief assistance, work, employment and education. The
application of human rights law, and in particular the International Covenant on Economic,
Social and Cultural Rights, to conflict situations, helps in clarifying the content of the adequate
conditions of life for the civilian population as guaranteed by international humanitarian law
and ensures greater protection of the civilian population.
States experiencing a situation of conflict must refrain from interfering with the individual’s
enjoyment of economic and social rights and protect the enjoyment of those rights from attacks
by third parties, including by armed groups. Moreover, States cannot put aside, or postpone to
peaceful times, the fulfilment of the core content of the rights to health, food, housing, access
to water, or to education. Retrogressive measures in the enjoyment of the core content of
economic and social rights cannot be justified exclusively on the basis of the existence of a
conflict: States have to demonstrate that any retrogression was unavoidable and that all the
possible measures have been taken, including seeking international cooperation and assistance,
to overcome the resource constraints. States must also distribute the maximum available
resources on a non-discriminatory basis.
Even when conflicts result in resource constraints, States are required to prioritize the
availability, accessibility and acceptability of good quality health and education facilities,
goods and services to groups rendered vulnerable by conflict.
A fundamental step to be taken by States to ensure availability of health care is to protect
medical personnel from violence. States should also refrain from acts that disrupt the process
of education, and should fulfil the minimum core content of the right to education, which is
non-derogable.
POINTS TO DELIBERATE UPON-
1. Analysing all sorts of human rights violations and their implications in conflict and post
conflict zones
2. Discussing the plight of women and children and gross violations of their healthcare and
educational rights in conflict/post conflict zones
3. Violation of freedom of speech and expression, movement and right to standard living
conditions in conflict/post conflict zones
4. Ensuring protection of civilians in armed conflict zones
5. Ensuring better protection and assistance of people forcibly displaced within their country
and uphold their human rights
6. Discussing International legal frameworks for protection of human rights in conflict zones
7. Challenges in applying International human rights law in conflict and post conflict zones
8. Contributions of member states in protection of human rights in conflict zones
9. Solutions for the agenda.