UNHRC

Study Guide

AGENDA
Protection of the Rights of Internally Displaced Persons,
Refugees and Migrants in Conflict Zones, with a Focus on
Addressing Racial Discrimination and Xenophobia.

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 INDEX
1. LETTER FROM THE EXECUTIVE BOARD

2. INTRODUCTION TO THE COMMITTEE

3. INTRODUCTION TO THE AGENDA

4. HISTORY OF THE AGENDA

5. KEY PLAYERS

6. CONCLUSION

7. GENERAL DIRECTION OF DEBATE

8.PERSONAL REMARK TO THE DELEGATES

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 LETTER FROM EXCUTIVE
BOARD.
Dear Delegates,

We hope this letter finds you well and in good spirits. As the Executive Board of the Ashoka
Model United Nations (MUN), we are delighted to extend our warmest greetings to you and
express our utmost appreciation for your commitment to excellence in diplomacy and
international affairs.

The has always been a platform for aspiring young diplomats and future leaders to engage in
stimulating debates, cultivate critical thinking, and develop their leadership skills. It is a
testament to your passion, dedication, and hard work that you have chosen to be a part of this
esteemed community.
Your paragraph text
Our mission is to provide a forum where delegates can engage in constructive dialogue, gain a
deeper understanding of global issues, and propose effective solutions. Over the years, we
have witnessed the remarkable growth and intellectual development of our participants, and
we are proud of the role each delegate has played in shaping the success of our conferences.

Your role as a delegate at our conference is pivotal. It is your voice, your advocacy, and your
passion that will contribute to the success of the conference and, more importantly, to the
advancement of global understanding and cooperation.

The Executive Board is committed to providing you with the necessary support and resources
to excel during the conference. We encourage you to immerse yourself in the preparatory
process, engage with your fellow delegates, and approach the conference with an open mind,
ready to learn, collaborate, and make a positive impact.

In closing, we would like to express our gratitude for your participation and dedication to the
AMUN. We are excited about the journey ahead and the positive changes we can bring about
together. If you have any questions or need further information, please do not hesitate to
reach out to us.

We look forward to witnessing your outstanding contributions at the upcoming MUN. Thank
you for being an integral part of our global community of young leaders.

Best regards,

Dhairya Shah and Tahseen Pathan

Executive Board, AMUN.

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 INTRODUCTION TO THE
COMMITTEE
The Human Rights Council is an intergovernmental body within the United
Nations system made up of 47 States responsible for the promotion and
protection of all human rights around the globe. It has the ability to discuss all
thematic human rights issues and situations that require its attention
throughout the year. The Council, composed of 47 Member States, provides a
multilateral forum to address human rights violations and country situations. It
responds to human rights emergencies and makes recommendations on how to
better implement human rights on the ground. The Council benefits from
substantive, technical, and secretariat support from the Office of the High
Commissioner for Human Rights (OHCHR).
The objective of UNHRC is to promote and defend human rights around the
world. In the International community, its role is to examine human rights
violations and recommend how they should be addressed. Furthermore, the
council looks to promote fundamental human rights and freedoms in a
universal manner—at the international legal level. With these responsibilities in
mind, the UNHRC looks to discuss topics of global concern, while considering
universally applied standards of humane treatment.

Functions
The Human Rights Council has created or renewed the mandates of various
“special procedures.” The special procedures are experts appointed to monitor
human rights around priority themes or in specific countries with serious
human rights problems. The special procedures may be individual experts
(“special rapporteurs” or “independent experts”) or working groups. The
Council also manages the Universal Periodic Review, a process through which
each UN Member State’s overall human rights record is reviewed. In addition,
the Council receives complaints alleging patterns of human rights violations,
which are considered by the Working Group on Communications and may be
referred to the Working Group on Situations. The Working Group on Situations
reports substantiated claims of consistent patterns of gross violations to the
Council and makes recommendations for action.

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What the Council Does
·Serves as an international forum for dialogue on human rights issues with UN
officials and mandated experts, states, civil society, and other participants;
·Adopts resolutions or decisions during regular sessions that express the will of
the international community on given human rights issues or situations.
Adopting a resolution sends a strong political signal which can prompt
governments to take action to remedy those situations;
·Holds crisis meetings known as special sessions to respond to urgent human
rights situations, 36 of which have been held to date;
·Reviews the human rights records of all United Nations Member States via the
Universal Periodic Review;
·Appoints the Special Procedures, independent human rights experts who serve
as the eyes and ears of the Council by monitoring situations in specific countries
or by looking at specific themes; and
·Authorizes commissions of inquiry and fact-finding missions, which produce
hard-hitting evidence on war crimes and crimes against humanity.

Sessions
The Council conducts its substantive work primarily in Regular Sessions and
Special Sessions. Regular Sessions are held no fewer than three times a year,
usually in March, June, and September. The agenda and program of work for
each Session are established with respect to any adopted Council resolutions
and in consultation with Member States. Regular Sessions include the
presentation of human rights reports and interactive dialogues with Special
Procedure mandate holders or Member States, panel discussions and debates
on a wide range of human rights issues, and consideration of Universal Periodic
Review reports.
Council Special Sessions address urgent human rights situations arising between
Regular Sessions and may be called at the request of any Council Member State
with the support of at least one third of the Council membership. Having a more
narrow remit than Regular Sessions, Special Sessions usually occupy a few days,
with programs of work focused on the discussion of the urgent human rights
situation raised and deliberations around the concluding resolution to be
adopted by the Council.

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Members
The Council is made of 47 Member States, which are elected by the majority of
members of the General Assembly of the United Nations through direct and
secret ballot. The General Assembly takes into account the candidate States'
contribution to the promotion and protection of human rights, as well as their
voluntary pledges and commitments in this regard.
The Council's Membership is based on equitable geographical distribution.
Seats are distributed as follows:
1. African States: 13 seats
2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats.
Members of the Council serve for a period of three years and are not eligible for
immediate re-election after serving two consecutive terms. With membership
on the Council comes a responsibility to uphold high human rights standards.
This is a criteria insisted on by States themselves when they adopted resolution
60/251 in March 2006 to create the Human Rights Council.

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 MAJOR ACHIEVEMENTS
The creation of the position of High Commissioner for Human Rights in 1993 has
enabled an independent, authoritative voice to speak out for human rights
worldwide.
The Office of the High Commissioner responds to crises, supports human rights
defenders, and brings human rights closer to people. Through advocacy,
monitoring and training activities, it contributes to legislative and policy reforms
to increase accountability for human rights violations and advance human rights.
Many challenges lie ahead in the struggle to promote and enhance the dignity,
freedom, and rights of all human beings. In the past two decades, however,
significant progress has been made. There have been many milestones: from the
establishment and development of a number of human rights mechanisms, such
as the Human Rights Council, to events such as the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, in Durban,
South Africa.
The following are 20 of the most important achievements accomplished since
1993:
Economic, social, cultural, civil, and political rights and the right to
development are recognized as universal, indivisible, and mutually reinforcing
rights of all human beings, without distinction. Non-discrimination and
equality have been increasingly reaffirmed as fundamental principles of
international human rights law and essential elements of human dignity.
Human rights have become central to the global conversation regarding peace,
security and development.
New human rights standards have built on the 1948 Universal Declaration of
Human Rights and the implementation of international human rights treaties is
significantly improved.
Additional explicit protections in international law now exist covering, among
others, children, women, victims of torture, persons with disabilities, and
regional institutions. Where there are allegations of breaches, individuals can
bring complaints to the international human rights treaty bodies.
Women’s rights are now acknowledged as fundamental human rights.
Discrimination and acts of violence against women are at the forefront of the
human rights discourse.6. There is global consensus that serious violations of
human rights must not go unpunished.

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 INTRODUCTION TO AGENDA
There were 89.3 million people forcibly displaced world-wide at the end of
2021 as a result of persecution, conflict, violence, human rights violations or
events seriously disturbing public order. There are also millions of stateless
people, who have been denied a nationality and access to basic rights such
as education, healthcare, employment and freedom of movement.
Racial discrimination and related intolerance can affect refugees at every
stage of the displacement cycle. In cases where refugees seek voluntary
repatriation and reintegration in their home countries or third countries
Some groups of refugees may face barriers to local integration (including
naturalization) because they are perceived as ‘foreign’ or ‘other.’ In many
countries, race or national descent are invoked as grounds to deny or
withdraw citizenship, leaving individuals stateless and stripped of the
enjoyment of their human rights.

Discrimination on the ground of race often intersects with discrimination

based on sex when laws and policies deny women the right to transmit their
nationality onto their children. Internally displaced persons shall enjoy, in
full equality, the same rights and freedoms under international and
domestic law as do other persons in their country. They shall not be
discriminated against in the enjoyment of any rights and freedoms on the
ground that they are internally displaced. According to the Guiding
Principles on Internal Displacement, internally displaced persons (also
known as "IDPs") are "persons or groups of persons who have been forced
or obliged to flee or to leave their homes or places of habitual residence, in
particular as a result of or in order to avoid the effects of armed conflict,
situations of generalized violence, violations of human rights or natural or
human-made disasters, and who have not crossed an internationally
recognized border.

There is an inextricable link between racism, racial discrimination,

xenophobia and related intolerance, and the forcible displacement and
mistreatment of refugees, asylum seekers, and internally displaced persons.
Racism is both a cause and a result of forced displacement, and a barrier to
its solution.

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Forcible displacement has become a global phenomenon of major proportions.
An estimated 50 million persons worldwide have been uprooted from their
homes. Amongst these some 14 million are refugees and a further 25 to 30
million are displaced within their own countries. As we enter the 21st century,
approximately one in every 120 persons worldwide is forcibly displaced.

A large number of these people are the victims of racism, racial discrimination,
xenophobia and related intolerance. Racism affects forcibly displaced persons
through every stage of the displacement cycle.

History
In its resolution 319 A (IV) of 3 December 1949, the General Assembly decided
to establish the Office of the United Nations High Commissioner for Refugees.
The Office was set up as a subsidiary organ of the General Assembly on
1January 1951, initially for a period of three years. The mandate of UNHCR has
since been routinely extended for successive periods of five years and the
current term ends on 31 December 1993. It now cares for over 17 million
refugees around the world. The Office is located at Geneva, Switzerland, and is
represented in over 100 different countries. In 1991 it had a staff of about
2,300 persons and an overall expenditure, under general and special
programmes, of some US$ 862.5 million. According, to article 1of the Statute of
the Office, the main task of the High Commissioner is to provide international
protection to refugees and to seek durable solutions for refugees by assisting
Governments to facilitate the voluntary repatriation of refugees, or their
integration within new national communities. The High Commissioner's function
is qualified as "entirely non-political" and "humanitarian and social."

The 1951 Convention relating to the Status of Refugees: The 1951 Convention,
which was drafted as a result of a recommendation by the newly established
United Nations Commission on Human Rights, was a landmark in setting
standards for the treatment of refugees. The Convention, in its article 1,
provides a general definition of the term "refugee". The term applies to any
person who "as a result of events occurring before 1January 1951 and owing to
well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the
country of his nationality and is unable, or owing to such fear, is unwilling, to
avail himself of the protection of that country; or who, not having a nationality
and being outside the country of his former habitual residence as a result of
such events, is unable or, owing to such fear, is unwilling to return to it".

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 The Convention sets the minimum standards of treatment of refugees,
including the basic rights to which they are entitled. It also establishes the
juridical status of refugees and contains provisions on their rights to gainful
employment and welfare, on the issue of identity papers and travel
documents, on the applicability of fiscal charges, and on their right to
transfer their assets to another country where they have been admitted for
the purposes of resettlement. The Convention prohibits the expulsion or
forcible return of persons having refugee status. Its article 33 stipulates that
"no Contracting State shall expel or return (refouler) a refugee in any manner
whatsoever to the frontiers of territories where his life or freedom would be
threatened on account of his race, religion, nationality, membership of a
particular social group or political opinion". Article 34 concerns the
naturalization and assimilation of refugees. Other provisions deal with such
rights as access to courts, education, social security, housing and freedom of
movement.
1967 Protocol relating to the Status of Refugees: The 1951 Convention could
benefit only persons who had become refugees as a result of events
occurring prior to 1 January 1951. However, the years following 1951 showed
that refugee movements were not merely the temporary results of the
Second World War and its aftermath. Throughout the late 1950s and 1960s
new refugee groups emerged, in particular in Africa. These refugees were in
need of protection which could not be granted to them under the limited
time-frame of the 1951 Convention. The 1967 Protocol extended the
application of the Convention to the situation of "new refugees", i.e. persons
who, while meeting the Convention definition, had become refugees as a
result of events that took place after 1 January 1951. As of 1April 1992, 111
States were party to the 1951 Convention and/or the 1967 Protocol.

The 1949 Fourth Geneva Convention Relative to the Protection of Civilian

Persons in time of War: article 44 of this Convention, whose aim is the
protection of civilian victims, deals with refugees and displaced persons.
Article 73 of the 1977 Additional Protocol stipulates that refugees and
stateless persons shall be protected persons under parts I and III of the
Fourth Geneva Convention.

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 KEY PLAYERS
Bolivia

Minister of Justice and Institutional Transparency and head of the delegation,

said a key concern was the plight of migrant workers abroad. Bolivia’s
Constitution guaranteed that all nationals and foreign workers in Bolivia could
freely exercise their rights. Bolivia had taken steps to ensure the rights of
migrant workers and their families, including through adopting national
regulations, punishing discrimination, and through signing and ratifying
international instruments.
In 2015, free identity cards were granted to migrants, and in 2016 steps were
taken to streamline the process for temporary and permanent residents. A 2018
law had been enacted to review the conferring of citizenship to those born to a
Bolivian mother or father abroad. A process was adopted in August 2022 to fully
guarantee the rights of migrant workers in the country. The State’s pension
system obligated all insurance providers to guarantee access for migrant
workers and their families. In 2011, the inter-American social security agreement
was implemented, particularly the insurance component addressing the issues
of death, accidents, and retirement.
Bolivia had amended a law governing its “Unified, Universal and Free Health
System," which provided comprehensive free health care to foreigners. That
was a reciprocal agreement; Bolivians abroad should also have access to the
same services. It was a system for those most in need.

China

China has had international cooperation regarding refugees with the

international organizations and countries since 1979, when the UNHCR began
working in China. In the absence of domestic refugee law in China, the UNHCR
registers asylum seekers, carries out refugee status determination, and seeks
durable solutions. The main direction for China to participate in global refugee
governance is under the UN. Provisions of China’s domestic law on refugees are
largely concentrated on the constitutions and the exit and entry administration
laws. The Exit and Entry Administration Law 2012 is China’s first piece of
legislation to include a provision specifically dealing with refugees. China
acceded to the Convention Relating to the Status of Refugees (1951), and to
many human rights conventions, which laid a solid foundation for China to
protect refugees and persons of concern.
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With the growth of national strength, China will make more contributions on
global refugee governance and protect refugees and persons of concern by law.
Additionally, academic works on Hong Kong, Macau, and refugee laws are not
covered by this bibliography because both Hong Kong and Macau have
independent refugee legal systems.Likewise, the article does not include
academic works on overseas Chinese who went back to their homes in Southeast
Asia from mainland China during the Cold War, and how they are persecuted, as
they are mainly governed by refugee laws in the destination countries and
regions, not Chinese refugee law. This research is funded by the Danish National
Research Foundation Grant no. DNRF169 and conducted under the auspices of
the Danish National Research Foundation’s Centre of Excellence for Global
Mobility Law.

Cuba

The number of Cubans leaving their country dramatically increased in 2022,

surpassing historic peaks in the 80s and 90s.
The US Border Patrol apprehended over 203,000 Cubans between January and
September 2022—a dramatic increase over the 33,000 Cubans apprehended
during the same period of 2021. The US Coast Guard interdicted over 6,182
Cubans at sea from October 2021 through September 2022, by far the most in
five years.

The government refuses to recognize human rights monitoring as a legitimate

activity and denies legal status to Cuban rights groups. Authorities have
harassed, assaulted, and imprisoned human rights defenders documenting
abuses.

Cuba has ratified International Labour Organization treaties protecting workers’

rights on freedom of association and collective bargaining, yet its Labor Code,
updated in 2014, violates them. While Cuba allows formation of independent
unions, in practice, authorities only allow one confederation of state-controlled
unions, the Workers’ Central Union of Cuba.

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France

As a resettlement country, France welcomes around 3,000 refugees each year,

providing people with an opportunity to start a new life. France has also shown
commitment to UNHCR through regular funding of the Junior Professional
Officer (JPO) program, offering young French professionals the opportunity to
work for UNHCR at Headquarters and in the field.

France is committed to the principles of the Grand Bargain and has adopted a
proactive approach towards the implementation of the humanitarian-
development nexus. France also supports new models of refugee assistance and
innovative approaches in a bid to increase the resilience and economic
independence of refugees. Gender equality, education, as well as energy and
infrastructure are important priorities that France supports, including through
the French Development Agency.

Ukraine

Since the beginning of Russia’s invasion of Ukraine on 24 February 2022, nearly

6.2 million refugees have fled Ukraine, of which over 5.8 million reside in Europe.
Within two months of the invasion, more than 7 million people were internally
displaced by the war and as of June 2023, that number stood at over 5 million.

The directive was activated on 4 March 2022 and it applies to Ukrainian nationals
who had resided in Ukraine before 24 February 2022, as well as other nationals
who were legally living there before that date, as well as their family members.
The directive applies to all EU member states except Denmark, which introduced
a similar temporary protection scheme by adopting the Special Act on
Temporary Residence Permit for Persons Displaced from Ukraine. Iceland,
Norway and Switzerland also took similar steps. As of 1 October, 2022, according
to the EU Asylum Agency (EUAA), almost 4.4 million people fleeing Ukraine have
registered for temporary protection in the 29 EU+ countries since the invasion.

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 CONCLUSION

The United Nations Human Rights Council (UNHRC) stands

as a crucial entity in the ongoing effort to uphold and
advance human rights worldwide. Through its various
mechanisms, such as the Universal Periodic Review and the
appointment of special rapporteurs, the UNHRC actively
monitors and addresses human rights violations while
fostering a dialogue that encourages accountability and
reform among member states.

Despite facing significant challenges, including political

biases and limited enforcement capabilities, the council
plays an essential role in amplifying the voices of
marginalized populations and facilitating the engagement of
civil society organizations. The UNHRC's commitment to
promoting fundamental freedoms and protecting human
dignity remains vital in a world marked by persistent
inequalities and human rights abuses. As it navigates
complex geopolitical landscapes, the UNHRC's continued
efforts to advocate for justice and the rule of law are
indispensable in striving toward a more equitable and
humane global society, where the principles of human rights
are not only recognized but actively upheld by all nations.

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 GENERAL DIRECTION FOR DEBATE
Racial Discrimination: Discuss the rise of xenophobia and
anti-migrant sentiments globally and regionally

Human Rights violations faced by displaced populations:

Address gender-based violence and vulnerability of
women and children.

Access to Services and Support Systems: Identify the

challenges in providing healthcare, education, and social
services to displaced persons.

Anti-Discrimination Policies and Legal Protections:

Emphasize the enforcement of anti-xenophobia and anti-
racism laws.

International and Regional Cooperation: Highlight the

need for stronger international cooperation in protecting
displaced populations.

Conflict Resolution and Peacebuilding: Stress on the long

term solutions to reduce conflict and prevent
displacement

Integration Policies and Social Inclusion: Discuss the

policies to promote the integration of refugees and
migrants into local communities.

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 PERSONAL REMARK TO DELEGATES
Dear Delegates,

As you prepare for your speeches, I want to remind you that what truly makes your
presentation stand out is not just the content, but also how you share it. Here are some
friendly tips to help you make your speech unique and impactful:

1. Find Your Voice: Speak from your own experiences. Personal stories or anecdotes can
connect your audience to your message in a powerful way. Don’t be afraid to share your
passion and let your individuality shine through!
2. Engage Your Audience: Think of ways to actively involve your listeners. You might ask
rhetorical questions or share surprising facts that make them think. Creating a dialogue can
keep everyone invested in what you’re saying.
3. Clarity and Structure: Organize your speech with a clear beginning, middle, and end. A
well-structured presentation helps your audience follow your ideas and shows that you’ve
put thought into your preparation.
4. Use Visuals Wisely: If you have the opportunity, consider using visuals or props to
enhance your message. They can make your presentation more dynamic and help illustrate
your points. Just make sure they support your speech rather than distract from it.
5. Practice and Timing: Rehearsing your speech is key. It helps you get comfortable with
your material and ensures you stay within your time limit. The more you practice, the more
confident you’ll feel when it’s time to present.
6. Addressing Questions: When it comes to questions, listen carefully and acknowledge the
person asking before you respond. Being respectful and concise in your answers shows
that you value their input and are open to discussion.
7. Be Respectful and Open-Minded: Approach the debate with a spirit of collaboration.
Acknowledge differing opinions with kindness and an open mind. This fosters a positive
atmosphere and reflects your commitment to constructive dialogue.
8. Leave a Lasting Impression: Wrap up your speech with a memorable closing statement
that reinforces your main message. It could be a call to action, an inspiring quote, or a
thought-provoking question that lingers in the minds of your audience.

By incorporating these elements into your speeches, you’ll not only make a strong
impression but also contribute meaningfully to our discussions. Remember, your unique
perspective and passion can drive the conversation forward, so embrace who you are and
speak with confidence!

I’m excited to hear your contributions and see how you make your voices heard.

Best of luck,
Dhairya Shah
Chair

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