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Dear Delegates, Our names are Dana and Rachel, and we are delighted to welcome you to the YMUN XL! In the U.N. Human Rights Council, you will be responsible for upholding the dignity of people all around the world. You will determine if supposedly “universal” rights actually have regional or ethnic dimensions. You will search for ways to improve protection of some of the world’s most vulnerable populations. You will see if countries can unite to save their people or if political and cultural differences will prevent them from reaching a consensus. In short, you will determine the course of human rights into the coming years! Dana Schneider is a junior in Silliman College studying Political Science. This will be her second YMUN conference. In November she will travel to Budapest for Yale Model Government Europe as both a committee chair and as the co-director of finance and corporate relations. Outside of model UN conferences, she is very active in the music community at Yale and is a member of the Yale School of Music harp studio. After completing an internship in corporate finance this summer, she performed as part of the Castleton Music Festival under the baton of Lorin Maazel. In her spare time she writes for the Yale Daily News. Rachel has been competing on Model U.N. teams for eight years and has run conferences for six years. She was the Director-General for Yale’s college-level Model U.N. conference and competes on Yale’s Model U.N. Team. She is also a Managing Editor of the undergraduate journal The Politic, a member of the Davenport College Council, and a performer in the group Danceworks. She spent her past two summers working at the International Organization for Migration in Geneva, Switzerland and the White House in Washington, D.C. But she’s not that much of a bookworm! She likes to run and bike, check out art museums, knit/ crochet/ embroider, and explore new places. We’re looking forward to spending this weekend engaging in a thought-provoking and meaningful discussion with you – the world’s future diplomats. See you in committee, and please write to us if you’ve got any questions beforehand! Sincerely, Dana Schneider Dana.Schneider@yale.edu
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Rachel O’Connell Rachel.OConnell@yale.edu
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TABLE OF CONTENTS History of the Committee Trafficking and Sexual Violence Topic History Current Situation Questions to Consider Redefining Human Rights Topic History Current Situation Questions to Consider Role of the Committee Structure of the Committee Suggestions for Further Research "##$%#$&'! ! ! !
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History of the Committee !
The United Nations established the Human Rights Council in 2006. Member States mandated the H.R.C. to promote “universal respect for the protection of all human rights and fundamental freedoms for all.” The Council also has the duty to “address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon.” Through dialogue and cooperation with international, regional, national, and nongovernmental bodies, the Council educates individuals on human rights issues; make suggestions to the General Assembly to improve international human rights laws; undertakes periodic reviews of how well each country fulfills its human rights obligations; and prevents and addresses human rights violations. Although the Council is open to all U.N. Member States, it only consists of 47 countries, which are elected by secret ballot by all countries in the General Assembly. Each country can serve on the H.R.C. for up to two consecutive three-year periods, after which each country must take a break for at least three years. The membership is equally distributed among nations in different geographic regions; there are thirteen from Africa, thirteen from Asia, eight from Latin America and the Caribbean, six from eastern Europe, and seven from western Europe and other states.i Additionally, the Council benefits from Special Procedures, who are experts in the field of human rights and advise the H.R.C. They visit countries; communicate with governments about rights violations they observe; and support the H.R.C.’s other work.ii
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To fulfill its mandate as outlined in Resolution 60/251, the Human Rights Council conducts a Universal Periodic Reviewiii to assess human rights situations in all U.N. Member States. It also has an Advisory Committeeiv to provide knowledge and advice on a range of human rights issues. Its Complaint Procedurev allows both individuals and governments to bring its attention to human rights violations.vi Please note that the Human Rights Council (U.N.H.R.C.) is not the same as the U.N. Office of the High Commissioner for Human Rights (U.N.O.H.C.H.R.)!
UNCSW 6 TOPIC I.
Human Trafficking Topic History ! What Is Human Trafficking? The Protocol to Prevent, Suppress and Punish Trafficking in Persons defines human trafficking as “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.” Such exploitation includes prostitution and sexual exploitation, forced labor, slavery or similar servitude, or the removal of organs.vii According to the Recommended Principles and Guidelines on Human Rights and Human Trafficking, “Trafficking means much more than the organized movement of persons for profit. The critical additional factor that distinguishes trafficking from migrant smuggling is the presence of force, coercion and/ or deception throughout or at some stage in the process – such deception, force or coercion being used for the purpose of exploitation.”viii
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A victim’s bound wrists. Pixabay. Some rights reserved.
How Has Human Trafficking Evolved? Human trafficking has persisted for thousands of years. Slavery goes back to the ancient Greeks and Romans and extends to other eras and parts of the globe. The 1400s marked a particularly important turning point for human trafficking, because at this point, the Portuguese began importing slaves from Africa. Over the next two centuries, as colonizers developed plantations in far-off lands, other European powers and America entered into the slave trade to get cheap
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labor.ix Slowly, this trade died out. In 1904, the international community addressed a different from of slavery: forced prostitution. The International Agreement for the Suppression of White Slave Traffic protected women from being coerced or deceived into prostitution.x The League of Nations, an international body founded after World War I as a precursor to the U.N., changed the name of the agreement to The International Agreement for Traffic in Women and Children, removing its racial component. In the years following WWI, two major studies investigated the practice of trafficking in the West and the East alike.xi Over the coming decades, the U.N. built the framework for dealing with victims and perpetrators of human trafficking. In 1949, the U.N. approved the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, which provided guidelines for combating trafficking for the purpose of prostitution, such as instructions to extradite traffickers. It also prohibited the operation of prostitution businesses. In 1951, the U.N. passed the Convention Relating to the Status of Refugees. This document defined the meaning of “refugee” and stated refugees’ rights as well as states’ obligations to help them. (The Convention was updated in 1967 to remove geographic and temporal barriers.)xii Over the following years, the U.N. rolled out legislation to elaborate on human rights. In 1995, at the fourth World Conference on Women, the U.N. recognized trafficking as an act of violence against women and further defined trafficking. The Conference outlined steps the international community could take to address trafficking, including by enforcing international standards, establishing and enforcing laws and
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institutions to stop trafficking, and providing rehabilitation and reintegration services for trafficking victims.xiii
Woman and child on a sign. http://pixabay.com/en/traffic-signroad-sign-shield-6756/
Not only governments but also private citizens turned their focus to trafficking. In 1988, the Coalition against Trafficking in Women (C.A.T.W.) – the first non-governmental organization to focus on human trafficking, and especially sex trafficking – came into being. In 1990, a campaign called End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes (E.C.P.A.T.) started its mission of protecting children from sexual exploitation in Asian tourism and from trafficking. E.C.P.A.T. today operates in more than 75 nations, including non-Asian ones. More anti-trafficking organizations blossomed in the following decades. Even while the international community and individual governments cracked down on trafficking, abuse continued in both developed and developing countries. In 1999, Newsweek Magazine reported that the legalization of prostitution in the Netherlands, Germany and much of Australia led to high growth that fueled trafficking for the purpose of sexual exploitation. C.A.T.W. explained in 1999 that the presence of American armed forces in the Philippines had led
UNCSW 8 to the creation of centers of prostitution for their “rest and recreation.” Trafficked prostitutes and laborers have been found on virtually every part of the planet, even when laws are supposedly in place to protect people from such abuse and exploitation.xiv What International Standards Govern Human Rights and Human Trafficking? The following documents on human rights are of special concern to victims (and perpetrators) of trafficking. Some govern the rights of all people in general, while others focus on certain categories of people, such as migrant workers or children. While these documents can be lengthy and complicated, this guide highlights the parts of the documents particularly concerned with trafficking.xv International Labor Organization Conventions 29, 105, 143, 182, and 189 (19322011) These conventions often cover topics of concern to trafficking victims. Convention 29 – the Forced Labour Convention – holds states to suppress forced or compulsory labor. Similarly, Convention 105 – the Abolition of Forced Labour Convention – builds upon Convention 29 and requires states to take effective measures to eliminate forced and compulsory labor.
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Convention 143 – the Migrants Workers Convention – recognizes the problem of illicit and clandestine trafficking of laborers, and Article 5 calls on countries to use prosecute it. In Convention 182 – the Child Labour Convention – Article 3 defines trafficking in children, forced labor, recruitment for armed conflict, and child prostitution and pornography as some of “the worst forms of child labour.” Article 6 calls on states to “design and implement programmes of action to eliminate as a priority the worst forms of child labour.” Finally, Convention 189 – the Domestic Workers Convention – lays out the rights of domestic workers and requires governments to uphold these rights. Universal Declaration of Human Rights (1948) This document is crucial in the global human rights framework. It outlines the major rights that all people deserve, regardless of their “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Articles of particular concern to trafficking victims are Articles 4, 5, 6, 7, 8, 13, 15, 16, 23, 24, 25, and 26.
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for arresting, trying, and punishing all offenders, including human traffickers. The International Covenant on Economic, Social and Cultural Rights (1976) This document supports and elaborates upon the rights outlined in the Universal Declaration of Human Rights.
A stamp commemorating the Universal Declaration of Human Rights. Wikimedia Commons. Some rights reserved.
The Supplementary Convention on the Abolition of, the Slave Trade and Institutions and Practices Similar to Slavery (1957) The entire document concerns slavery. The Convention on the Elimination of All Forms of Racial Discrimination (1969) This document defines racial discrimination and, in Article 5, outlines many civil rights with which trafficking victims are concerned, especially: the right to security of person and protection by the state against violence or bodily harm; the right to freedom of movement and residence within a state; the right to leave and possibly return to a country; the right to marry and choose one’s own spouse; and the right to free choice of employment and just compensation. The International Covenant on Civil and Political Rights (1976) Article 8 protects people from forced labor. Other articles outline standard criminal procedures
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The Convention against Discrimination against Women (1979) Article 6 calls on states to “take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” The Convention against Torture (1984) Defines torture and requires countries to make torture a crime by law. The Convention on the Rights of the Child (1990) Article 34 holds states to protect children from all forms of sexual exploitation and abuse, whether prostitution or pornography. Additionally Article 35 requires states to “take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.” Optional Protocol to the Convention of the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000) The perambulatory clauses express concern for the increase in trafficking in children. Article 2 defines child prostitution and child
UNCSW 10 pornography, and Article 3 holds states to implement laws to prosecute offenders who commit sexual exploitation of children, transfer of children’s organs for profit, forced child labor, and unlawful adoptions.
The Vienna Declaration on Criminality and Justice (2001) Article 14 commits signatory nations to eradicating trafficking in persons and considers support of certain U.N. efforts to do so.
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000) This important document prevents and combats trafficking in persons, assists the victims of this trafficking and promotes cooperation among states in order to meet these objectives. It provides a definition of “trafficking in persons� and holds states to implement laws that punish the crimes laid out in its text. It calls for states to help trafficking victims express their views during criminal proceedings and provide recovery services. Moreover, the document requests that states adopt guidelines for the temporary or permanent resettlement of trafficking victims. Other topics of consideration include prevention of trafficking through poverty alleviation; border management; documentation for travel; and training for law enforcement officials. The U.N. Office of the High Commissioner for Human Rights published Recommended Principles and Guidelines to help states adhere to the Protocol.
The Convention on the Protection of All Migrant Workers and Members of Their Families (2003) The perambulatory clauses reference trafficking and forced labor. Articles 3 and 11 in particular discuss forced labor; Article 11 confirms that neither migrants nor their family members may be enslaved.
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The Convention on the Rights of Persons with Disabilities (2007) Article 27 protects persons from disabilities from being coerced into forced labor.
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Current Situation What Has the H.R.C. Done Recently about Human Trafficking?
A special session of the Human Rights Council. Wikimedia Commons. Some rights reserved.!
On June 6, 2013, at its 23rd session, the H.R.C. adopted Resolution A/HRC/RES/23/5, Trafficking in persons, especially women and children: efforts to combat human trafficking in supply chains of businesses. The H.R.C. expressed concern over the high number of trafficking victims, especially women and children. It urged states to consider signing and ratifying international protocols related to trafficking victims, like I.L.O. Convention 189 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons. It also called upon states to strengthen their enforcement of laws to protect trafficking victims and prosecute traffickers. The H.R.C. laid out multiple activities countries could undertake, including creating monitoring systems to figure out the situations in which people are most likely to be trafficked, as well as establishing networks with governmental and nongovernmental partners to exchange policies and best practices on trafficking.xvi
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On June 29, 2012, at its 20th session, the H.R.C. adopted Resolution A/HRC/RES/20/1, Trafficking in persons, especially women and children: access to effective remedies for trafficked persons and their right to an effective remedy for human rights violations. The text urged states to recognize trafficked person with needs right from the very moment they are trafficked. It encouraged states to implement procedures to identify victims of trafficking and provide them with information on their rights. It also encouraged them to allow trafficking victims time to recover from their plight; assist trafficking victims with legal followup; and issue renewable residence permits for trafficking victims.xvii On June 11, 2010, at its 14th session, the H.R.C. passed Resolution A/HRC/14/L.4, Trafficking in persons, especially women and children: regional and subregional cooperation in promoting a human rights-based approach to combating trafficking in persons. This document called upon governments to enhance their cooperation with neighboring nations to prevent and combat human trafficking through measures like promoting implementation of international standards and laws; developing regional instruments; using responses that consider victims’ gender and age; orienting judicial processes to help the victim; organizing periodic training workshops for law enforcement officers and immigration officials; trying to decrease the demand for trafficked persons; and establishing or improving mechanisms for collecting data and exchanging detailed information on trafficking.xviii On an ongoing basis, the Special Rapporteur for trafficking in persons, especially women in children, supports the work of the H.R.C. The U.N. Commission on Human Rights
UNCSW 12 created a temporary Special Rapporteur through Resolution 2004/110 to focus on the human rights issues facing trafficking victims, and the H.R.C. has extended the timeframe of the Special Rapporteur’s work, most recently in 2011 through Resolution A/HRC/17/L.2. The Special Rapporteur takes action on violations of trafficking victims’ rights; visits countries to formulate recommendations for better protecting trafficking victims; and submits annual reports on his or her activities.xix Other resolutions related to human trafficking that the H.R.C. has passed include:
industries in the globalized economy. Below are explanations of the emerging trends in the types of people who become victims as well as their purposes for being trafficking. Afterwards, you will find an explanation of three specific gaps the H.R.C. should address in its upcoming committee.
A/HRC/RES/8/12: Special Rapporteur on trafficking in persons, especially women and children (2008)
Methods: Trafficking Versus Smuggling It is important to distinguish between two types of international crimes occurring in the present day: trafficking and smuggling. Trafficking – as defined earlier – involves coercion, force, and/ or deception for the purpose of exploiting a human being. Smuggling is much more voluntary. A person willingly asks for help with crossing a border; there is no coercion. The smuggled individual is not immediately a victim – although he or she can become a victim, if he or she falls into the hands of traffickers at some point during the journey.xx Remember the differences between trafficking and smuggling when reading about the emerging trends, because this meeting of the H.R.C. will only address trafficking.
What Are the Emerging Trends in Human Trafficking? Even though it has been running strong since ancient times, human trafficking continues evolving in the present day. People are trafficked to serve modern purposes, whether to get around laws that punish drug smugglers or to work in
Demographics: Who Is Trafficked? The U.S. State Department estimates that traffickers transport between 600,00 and 800,000 individuals across international borders each year, and the International Labor Organization Reports that millions are trafficked within their own country’s borders.xxi About 75 percent of all
A/HRC/DEC/13/ 117: Trafficking in persons, especially women and children (2010) A/HRC/RES/11/3: Trafficking in persons, especially women and children (2009)
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trafficking victims are female. Approximately onefourth of victims were trafficked into another region of the world entirely, while almost half were trafficked within the countries in their own region. The largest source of trafficking victims is East Asia.xxii
sexual exploitation accounts for 58 per cent of all trafficking cases detected globally.” Sex trafficking is particularly common in Europe, Central Asia, and the Americas.xxiii Trafficking for sex not only violates people’s rights but also severely damages their health. Data is spare, but when available, it reveals between 40 and 90 percent of people trafficked for sexual exploitation are infected with the sexuallytransmitted disease HIV – a startlingly high prevalence rate. Despite the high occurrence of HIV, the U.N. Office on Drugs and Crime reports that “HIV/AIDS has received little attention in efforts to address trafficking in persons, and specific HIV/AIDS prevention and care services hardly exist for these people.” Trafficking victims are often living in a country in a secret, hidden manner and therefore have trouble accessing general HIV treatment available to non-trafficked members of the public.xxiv Labor
A photo of a child prostitute in 1871 shows the persistence of exploitation of youths. Wikimedia Commons. Public Domain.
Sex Trafficking for the purpose of sexual exploitation has traditionally been, and continues to be, a major issue. According to the U.N. Office on Drugs and Crime Global Report on Trafficking in Persons 2012, “trafficking for the purpose of
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Trafficking for the purpose of forced labor accounts for 36 percent of global trafficking, and it is most frequent in Africa, the Middle East, South and East Asia, and the Pacific.xxv In an interview, Jonathan Martens of the International Organization for Migration said that in 2010 – for the first time ever – the Organization started assisting more forced laborers than victims of sexual exploitation. These victims tend to require assistance in large groups. For example, Martens described how his Organization had to help over 100 trafficked male laborers who were discovered on a fishing boat. Trafficking for forced labor is poised to become an even more pressing matters in the coming years.
UNCSW 14 Other Purposes 1.5 percent of trafficking victims are forced into begging for money on the streets another individual.xxvi Jonathan Martens notes that trafficking victims may also be forced into committing petty crimes (this is especially the case with children); becoming “drug mules” and transporting narcotics for criminals; and giving up organs. What Gaps Should the H.R.C. Address in This Committee Session? 1: Effective Remedy The Special Rapporteur on Human Rights, Joy Ngozi Ezeilo, has focused on the need to provide effective remedy for victims of human trafficking. “Effective remedy” can include compensation for the crimes trafficking victims endured – such as lost wages, damages to personal property, and/ or abuse – as well as recovery and rehabilitative services. In her 2011 Report of the Special Rapporteur on trafficking in persons, Joy Ngozi Ezeilo noted that international legal instruments “do not expressly guarantee the right to a remedy to trafficked persons, [but] they do require States to establish procedures to provide access to compensation, and to provide for measures that may form part of the right to an effective remedy.” However, “obstacles exist in practice for trafficked persons to obtain compensation.” These obstacles include:
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Pixabay. Some rights reserved.
Access to information: Trafficked persons can only seek remedies if they know their rights, yet legal terminology is often difficult to understand, if the trafficked person can even find it in the first place. Sometimes, even in countries where authorities are required to inform victims of crimes of their rights, they fail to do so. Plus, victims need to know not only what their rights are but how they can protect those rights. Where can they get legal representation? Where can they seek help? Access to legal assistance: Many countries simply do not have a system in place to provide free legal assistance for victims of trafficking. These individuals are often too poor to afford such services on their own. Regular residence status: Trafficked persons are often mistaken as simply irregular migrants – people who enter a country against the law. Instead of being allowed to remain in the country
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and prosecute their traffickers, victims are either jailed or deported. If they are not allowed to stay within the country to which their trafficked, victims will have difficulty pressing charges. Annex I of the report provides a draft of the basic principles involved in the right to an effective remedy for trafficked persons.xxvii 2: Identification It can be extremely difficult to identify victims of human trafficking. According to Jonathan Martens, only a few tens of thousands of trafficking victims come to light each year, whereas it is estimated that millions of people are trafficked annually. Martens explained that countries to not use uniform identification standards; they see victims of trafficking differently. Plus, victims rarely self-identify. Not only a lack of standards but also a lack of people involved causes trafficking victims to go unnoticed. The U.N. Office on Drugs and Crime asserts, “As many people as possible must have the capacity to identify victims, know how to deal with them, and how to refer the to the relevant protection and assistance services.”xxviii The main challenges in identification are: Lack of standards: Countries need to agree on traits or signs to help them identify victims of trafficking. Lack of capacity: Countries need people at different points in the trafficking process to know how to identify victims of trafficking. What traits can friends and family, employers, immigration and law enforcement officials, and others use to
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identify someone they know as a victim of trafficking? Fear of self-identification: Trafficking victims do not usually go to the authorities for help for a variety of reasons. They may feel shame over having fallen for a trafficker’s tricks. They may fear that they will be thrown into jail for entering a country without the proper documents (even though they were forced to enter the country by a trafficker). They may be concerned that their trafficker or forced employer will punish or hurt them if they go to the authorities. How can states assuage these fears and guarantee humane protection for trafficking victims?
Pixabay. Some rights reserved.
3: Migrant Workers The number of trafficked workers seeking assistance from sources like the International Organization for Migration has grown over the past few years. More and more, headlines reporting trafficked laborers crop up, like ones about wealthy diplomats trafficking domestic workers into the U.S.xxix or 75 men arrested in Spain and France for trafficking individuals from China and forcing them to work in clandestine factories under harsh conditions. xxx
UNCSW 16 To protect the rights of migrant workers and ensure that they do not fall victim to trafficking, the following areas need improvement: Identification: As discussed above, identification plays a key role in protecting migrant workers. How can countries keep track of who is going into and out of their borders, so they know who is working in their factories and tilling their fields? How can they distinguish a willing worker from a forced laborer? Awareness: Information is vital. Workers often fall prey to recruiters promising them a better life who end up forcing them into grueling working conditions. How can governments educate potential migrant workers so they are aware of the dangers of recruiters? How can governments make sure that, when their citizens are going abroad, they are heading to humane, steady jobs and not into situations of forced labor? Remittances: Migrant workers often send remittances – some or al of their wages – back to their families in their country of origin. Middlemen may skim of some of this money as a fee for sending the funds back home. How can governments ensure that as much of the remittances as possible end up where they belong, in the hands of the migrant worker’s family? How can governments ensure that trafficking agents and employers of trafficked workers are not withholding workers’ wages?
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Migrant Worker. Wikimedia Commons. Some rights reserved.
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Bloc Positions How Should You Find Your Country’s Stance on Human Trafficking? The easiest ways to find out a country’s stance on the human right of trafficked individuals are to: 1. Read about your country in the U.S. Department of State annual Trafficking in Persons (T.I.P.) Report, available from the State Department’s website. 2. Find out whether your country has ratified all of the international protocols and conventions related to human rights and human trafficking described in this guide. 3. Look into whether your country has laws regulating human trafficking whether it enforces these laws. 4. See whether your country bans nongovernmental organizations focused on human rights from operating within its borders. The Worst Offenders Tier 3 countries from the U.S. Department of State’s annual T.I.P. report are failing to “fully comply with the minimum standards and are not making significant efforts to do so.” These worst offenders are concentrated in Africa and Asia, including: Algeria, the Central African Republic,China, the Democratic Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, GuineaBissau, Iran, North Korea, Kuwait, Libya, Mauritania, Papua New Guinea, Russia, Saudi Arabia, Sudan, Syria, Uzbekistan, Yemen, and Zimbabwe. On the Brink Meanwhile, Tier 2 Watch countries from the T.I.P. Report are at risk of being branded as Tier 3 countries. Tier 2 Watch countries are supposedly making “significant efforts” to
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improve their human trafficking policies but may not be submitting adequate proof to show they are making these efforts. These are “wait-and-see” countries, so to speak. They include mostly nations in Africa, Asia, the Middle East, South America, and a few from other regions. The full list consists of Afghanistan, Albania, Angola, Bahrain, Barbados, Belarus, Burma, Burundi, Cambodia, Chad, Comoros, Djibouti, The Gambia, Guinea, Guyana, Haiti, Honduras, Kenya, Lebanon, Lesotho, Liberia, Madagascar, Malaysia, Maldives, Mali, Marshall Islands, Micronesia, Morocco, Namibia, Rwanda, St. Lucia, Seychelles, Solomon Islands, South Sudan, Sri Lanka, Suriname, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkmenistan, Ukraine, Uruguay, and Venezuela.
Secretary of State John Kerry Releases 2013 Trafficking in Persons Report. Wikimedia Commons. Some rights reserved.
Other Tips You should also consider whether any trafficking issues are going on within your country’s borders, because you will likely desire to address your own country’s concerns first. For example, trafficking is often centered around the sex trade in countries in Europe, Central Asia and the Americas. However, trafficking is often related to forced labor in Africa, the Middle East, South and East Asia, and the Pacific.xxxi
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Questions to Consider ! 1.
What sorts of documents, especially international protocols and conventions, already protect the victims of human trafficking?
2. How can the H.R.C. better protect trafficking victims’ right to effective remedy? 3. Is effective remedy always monetary, or can a trafficking victim get effective remedy in the form of something other than money? 4. How does the identification of trafficking victims make it easier to uphold their rights? 5.
How can the H.R.C. support the identification of trafficking victims?
6. How can states better protect migrant workers from falling victim to trafficking schemes? 7. How can different types of people help to uphold the rights of trafficking victims? Consider international organizations, government officials, nongovernmental organizations, business leaders, citizens, and any other relevant actors
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TOPIC II.
Redefining Human Rights Topic History ! As mentioned above, the Human Rights Council serves to make observations and recommendations concerning human rights practices across the world. It is charged with bringing violations of rights to the attention The Idea of Human Rights Article 1 of the Universal Declaration of Human Rights: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Human rights are those rights regarded as belonging fundamentally to all personsxxxii. These rights are both universal and egalitarian. The United Nations acts as a force to promote and protect the human rights and fundamental freedoms of all individuals. The theory of natural law and the concept of natural rights were popularized during the Enlightenment period. This idea of universal and inalienable rights not contingent upon the laws or customs of a particular culture or government was pioneered by philosophers such as Thomas Hobbes, John Locke and Thomas Paine. The idea of natural law was one of the prominent ideals behind both the American and French Revolutions. Almost all of the national liberation movements, civil rights movements, and labour unions of recent history find strength in the idea of human rights. The World Wars of the 20th century brought to attention, and in many ways necessitated, the development of a mechanism to define basic human rights. The charter of the League of Nations (1919), and subsequently the United Nations Charter (1945), mandated the
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promotion of basic human rights. Article 68 of the UN Charter provides for the establishment of a commission for the promotion of human rights as subsidiary bodies of the Economic and Social Council and thus the Commission on Human Rights was created (1946)xxxiii. The United Nations Council on Human Rights (UNHRC) would later adopt an interventionalist policy, although the presence of human rights violators and politicization caused the body to be criticized. The United Nations Human Rights Council (this committee) replaced the Commission in 2006. Defining Human Rights: The Universal Declaration of Human Rights The first item on the work program of the Commission on Human Rights, as recommended by the Preparatory Commission of the UN and its Executive Committee, was the formulation of an international bill of rightsxxxiv. The UNCHR was comprised of 18 members from various political, cultural and religious backgrounds. The committee was chaired by Eleanor Roosevelt, alongside René Cassin of France, who composed the first draft of the Declaration, the Committee Rapporteur Charles Malik of Lebanon, ViceChairman Peng Chung Chang of China, and John Humphrey of Canada, Director of the UN’s Human Rights Division, who prepared the Declaration’s blueprint.xxxv After much debate, it was decided that the international bill of rights should not be produced in one final act but should consist of both a declaration and two covenants (one on civil and political rights; and the other on economic, social and cultural rights), which included provisions for measures of implementation.
UNCSW 20 THINK: Delegates are encouraged to read the Universal Declaration of Human Rights, found here: http://www.un.org/en/documents/udhr/index.sh tml
Eleanor Roosevelt with the original Universal Declaration of Human Rights. Source: http://coursethreads.berkeley.edu/media/image/eleanor-rooseveltchairman-drafting-universal-declaration-human-rights
Over 50 United Nations Member States participated in the final drafting of the declaration. In Paris on December 10, 1948 the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) by a vote of 48 in favor, none against, with 6 abstentions. Though adopted as a resolution by the General Assembly, the declaration represents a common standard of achievement for all peoples and all nations. The UN continuously has made recourse to the declaration when called to examine allegations of human rights violations. The declaration has also played a key role in the activities of UNESCO, the International Labour Organization, as well as regional organizations including the OAS, the Council of Europe, and the OAU.
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The first two articles of the UDHR proclaim that all human beings are born free and equal in dignity and rights (Article 1) and that everyone is entitled to all the rights and freedoms set forth in the declaration “without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status� (Article 2). Articles 3-21 deal with traditional civil and political rights, and Articles 23-27 deal with economic, social and cultural rights. Article 27 is particularly relevant for our examination of Resolution 16/3, as it guarantees the right to participate in the cultural life of a community.
The UN General Assembly called upon all Member States to publicize the text of the Declaration of Human Rights. The following is a photo of students at the UN International Nursery School in New York on the second anniversary of the adoption of the UDHR (1950). Source: UN photo
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THINK: How has the idea of human rights evolved? While the UDHR is recognized as the “yardstick” for human rights, additional writings continue to be published by the UNHRC. As a result, each piece of legislation passed can buttress, or even detract from, human rights standards, making this resolution particularly important. How Does International Law Protect Human Rights? Beyond the concept itself, human rights must be expressed and defined in legal texts in order to make the dignity of all human beings a reality. The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. Today, all United Nations member States have ratified at least one of the nine core international human rights treaties; of these States, 80 percent have ratified four or more treaties, signifying the universality of the Declaration.xxxvi Though the UDHR was originally not intended to be a “binding” instrument (it is a resolution passed by the United Nations General Assembly), today it has acquired a validity beyond that originally contemplated. It is generally accepted that the declaration not only defines, but also is, customary international law and is valid for all states that have ratified it. When States become parties to international treaties, they assume obligations and duties under international law to respect, protect, and fulfill human rights. Article 56 of the UN Charter states: “all members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement” of the promotion and respect for human rights.
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Every State that signs a human rights treaty is by definition required to enforce the human rights that said treaty espoused. To quote the Office of the High Commissioner for Human Rights of the United Nations: “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 fulfill means that States must take positive action to facilitate the enjoyment of basic human rights.xxxvii” It is this “obligation” of States that often causes problems. When States ratify international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. It is the duty of international organizations such as the United Nations to ensure that international human rights standards are respected, implemented, and enforced in every country. The UNHRC has been criticized for having members that do not fulfill this obligation. As mentioned above, the UNHRC has the power to make observations and recommendations about human rights practices across the globe. It brings violations of rights to the attention of the international community in order to initiate action to stop encroachments on basic rights.
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Current Situation The Start: Resolution 16/3 Resolution 16/3- “promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind”- requested the Human Rights Council Advisory Committee prepare a study on how a better understanding and appreciation of traditional values of humankind can contribute to the promotion of human rights and to present that study to the Council before its twenty-first sessionxxxviii. The Resolution itself names “dignity, freedom, and responsibility” as traditional values. It also “reaffirms that all cultures and civilizations in their traditions, customs, religions and beliefs share a common set of values that belong to humankind in its entirety.”xxxix
“All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action.” - Ban Ki-moon, UN Secretary-General1 The idea of “promoting human rights through traditional values” caused much controversy: some States feared that it would devalue human rights, while others claimed that it was not. The resolution barely passed with a vote of 24 to 14 with 7 abstentions.
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Further Development and Resolution A/HRC/21/L.2 A preliminary report was issued in June 2012, which remained open for State and civil society consultations. The report that had been called for by Resolution 16/3 itself was not yet finished. The committee observed that the divided views revealed by their study demonstrated “the need to reflect on both the negative and the positive impact that traditional values may have on the effective implementation of human rights.” The Advisory Committee requested further time to present a more balanced draft. The Preliminary study can be found here: http://www.ohchr.org/Documents/HRBodies/H RCouncil/AdvisoryCom/Session9/A-HRC-AC-92_en.pdf Though the official study was not yet published, the Russian Federation presented a controversial resolution that was followed by an interactive dialogue held with the Human Rights Council Advisory Committee on 18 September 2012. Mr. Jean Ziegler of the Advisory Committee emphasized the Committee’s role as a think tank that can only act under the mandate of the Human Rights Council.xl Nevertheless, the committee had developed five proposed areas in which it thought it could fruitfully contribute, and requested the Council to consider them.
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Mr. Ziegler stated that within the universal human rights framework, traditional values could be used to interpret and reinforce human rights. During the interactive dialogue, both the European Union and Switzerland reflected the concern of several states: that the concept of traditional values could be misused. At this point, the report on traditional values had been delayed until the 22nd Council Session in March. The Russian Federation then stressed that it was “impatiently” waiting for the final report on traditional values which it hopes will make a significant contribution to the discussion on the issue of human rights and traditional values. The Russian Federation then reiterated its intention to present another resolution on traditional values, despite this affirmation of the importance of the work of the Committee as well as the fact that the Committee had not yet completed its own study. Norway called for a vote on the resolution while strongly criticizing the Russian Federation for not waiting until the study was available to the Council. Many States claimed that the Russian Federation was purposefully pushing through legislation that disregards concerns about negative impacts of traditional values and instead calls for states to submit “best practices in the application of traditional values while promoting and protecting human rights and upholding human dignity.” The International Service for Human Rights reported that the Russian Federation held just one negotiation with other states, and upon hearing that the resolution was heavily criticized, ceased further negotiationsxli. This resolution, which included an instruction for the Study to be completed, was
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adopted by 25 votes in favour, 15 against, and 7 abstentions on 27 September 2012. The Russian Federation noted that it was “unfortunate” that the Committee had not been able to prepare its study in time. Who signed the resolution? The result of the vote for A/HRC/21/L.2 was as followsxlii: In favour (25):Angola, Bangladesh, Burkina Faso, Cameroon, China, Congo, Cuba, Djibouti, Ecuador, India, Indonesia, Jordan, Kuwait, Kyrgyzstan, Libya, Malaysia, Maldives, Mauritania, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, Thailand, and Uganda. Against (15):Austria, Belgium, Botswana, Costa Rica, Czech Republic, Hungary, Italy, Mauritius, Mexico, Norway, Poland, Romania, Spain, Switzerland, and United States. Abstentions (7):Benin, Chile, Guatemala, Nigeria, Peru, Republic of Moldova, and Uruguay. Norway’s criticism of this pre-emptive resolution was echoed by other speakers, including Austria (on behalf of the EU), Chile, Peru and Guatemala. Uruguay as well emphasized that the Council was in violation of resolution 16/3, which had called for the Advisory Committee to prepare the study, as the report had not yet been presented. The EU States voted against the resolution, and Chile, Uruguay, Peru, and Guatemala abstained, stating that they would await the final study from the Advisory
UNCSW 24 Committee. Chile commented that if concerns about the universality of human rights were not addressed in the upcoming resolution, it would reevaluate its position. Other Latin American States (Mexico and Costa Rica) joined the EU States, Mauritius, and Botswana in voting against, while Nigeria and Benin also abstained. The United States was particularly strong in its concerns about the potentially negative impact of traditional values. It criticized the Russian resolution for presenting the conclusions of the Committee’s draft study in a distorted manner. THINK: Which country are you? Why do you think these countries voted the way that they did? See: What was so controversial about the Resolution? Though the resolution emphasizes that “traditions shall not be invoked to justify practices contrary to human dignity and violating international human rights law,” the document also states that traditional values have a role in “the development of human rights norms and standards.” The idea of integrating traditional values with human rights changes the definition of human rights. Vagueness One of the largest criticisms of the resolution was the vagueness and subjectivity of
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the fact that there is no internationally agreed definition on the meaning of traditional values. Page three of study highlights this fact. Additionally, Section III B (page 12), states that in the report of the OHCHR workshop on the traditional values of humankind, attention was drawn to the fact that “perceptions of what constituted “traditional values” were highly subjective and dependent on societal power structures.” The Advisory Committee recognized that this could be used to justify human rights abuses, and this view was shared by the United States, Austria for European Union, Chile, Uruguay and Peruxliii. Ethnic, religious and linguistic minorities or other minorities along lines of sexual orientation or political persuasion could possibly have their rights taken away if they are deemed to act in a manner that is not “traditional” or “responsible” enough. Ambiguity has an incredibly counterproductive effect on the establishment of human rights standards. For this reason, there have been additional international treaties drafted specifically towards different demographic populations; including women, children, and those with disabilities; to further cement clear definitions of the universality of rights as they apply to all peoples. The danger of claimed traditional values being used to take away from human rights protections has been warned against in several UN
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conferences. During the UN’s fourth World Conference on Women, the Beijing Platform for Action warns: “[a]ny harmful aspect of certain traditional customary or modern practices that violates the rights of women should be prohibited and eliminated.”xliv Additionally, the Vienna Declaration and Programme of Action from the 1993 World Conference on Human Rights recognized the harm of various traditional and customary practices: “While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.”xlv The preamble to the Convention on the Elimination of All Forms of Discrimination Against Women affirms that full equality between men and women is only possible if traditional gender roles are changed: “that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality of men and women.”xlvi Critics claim that mixing undefined traditional values with human rights will not only create confusion about the obligations of a country, but also that it will make devalue human rights to the point to which they are merely guidelines that might be bend by a given culture. Today international law is firmly founded universally for the Human Rights Committee. Without a clear definition of traditional values, States have expressed concern that this resolution will allow for other States to argue for revised understandings of human rights when it suits their own agenda.
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Values Purported and Excluded The Human Rights Council states that it #3: “Affirms that dignity, freedom and responsibility are traditional values, shared by all humanity and embodies in universal rights instruments.” Though the resolution claims to come from the 2010 expert panel, it does not include all of the values listed. The panel entitled “human dignity and equality” as well as “freedom and responsibility through the prism of different cultures and traditions.” Despite warnings from experts and states that traditional values are both dangerous and difficult to define, only three of these four concepts from those panel discussions were included in the resolution’s supposed position of the Human Rights Council: dignity, freedom and responsibility. Another disputed clause was the following: “human rights arise from the dignity and freedom of the individual and his or her responsible behavior in respect of society and other people…these universal values are criteria that should be used in determining the level of respect for and promotion of human rights.” Many argue that this clause demotes universality to being conditional on responsible behaviour. This task of adjudicating responsible behaviour has caused an outcry by minorities, who have their behaviour judges by people in higher (and oftentimes biased) positions than themselves. Changing Values The draft study takes the stance that traditional values are wholly positive. Not all “traditions” are in line with human rights law. Atrocities such as honour killings, infanticide, forced marriage and inheritance laws were all at one point considered societal values in certain cultures.
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Bloc Positions Norway highlighted the fact that traditional values themselves change with time. The United Nations continues to fight the “traditional” case of violence against women, police brutality, child abuse and more. Norway explained that as traditional values continue to change this conversation is sure to continue. Relativizing Human Rights The Maldives, Chile and Guatemala expressed concern that such a resolution would relativize universal rights. In their opinion, the incorporation of traditional values will soften human rights standards and make them seem less significant. The United States echoed this view, explaining that those values not anchored in international law undermined the principles of international instruments and would have negative side effects for minorities. The United States also explained that those profiting from the status quo are more likely to appeal to tradition. In their opinion, traditional values will be used to silence advocates of rights of women, LGBT and other minorities for challenging hierarchies and inequalities.
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Common ground: Both sides hold that an understanding of divergent value systems is beneficial. However, critics of the resolution maintain that this discussion must happen within the framework of respect for human rights. THINK: Are there deeper reasons for these divided viewpoints beyond the surface? (Do certain countries follow the voting patterns of other countries?) For the Resolution Sponsors of the resolution argue that human rights are a version of traditional values, and as such local societies infuse universal rights with their own values and customs. The European Court of Human Rights has agreed that countryspecific traditional values can educate individuals through its doctrine of “margin appreciation.” This allows member countries some flexibility in terms of how to meet obligations under the European Convention on Human Rights.xlvii For example, in 2006 the Court ruled that parents’ right to educate their children was somewhat limited by the fact that Germany values group learning as a way to build a cohesive society.
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The Russian Federation expressed concern that no single country or group of countries should monopolize norms in the area of human rights. While some countries argue that the human rights outlined by the UNDHR are only universal by definition, others claim that they are universal by nature. (Russia says they’re too western, others complain that that isn’t what human rights are about, human rights are universal; also both sides disagree on whether or not this is against human rights law) Against the Resolution Those against the resolution stated that “traditional values” as a concept may be abused to legitimate discrimination against minority group, to silence dissent, and violate people’s human rights. While the draft resolution stresses that “traditions shall not be invoked to justify practices contrary to human dignity and violating international human rights law”, many States feel that it does not go far enough to express concern that the use of traditional values to justify actions that violate international human rights law. Many States feel that traditional values could provide another opportunity for countries to hide from their fundamental human rights obligations under the veil of an adherence to tradition. In 1999, the European Court of Human Rights rejected the San Marino government’s proposition that new parliament members must take a traditional oath that contained religious affirmationsxlviii. The Court held that the oath violated the provisions on freedom of religion provided by the European Convention, regardless of the fact that the oath was “consistent” with San Marino’s traditional practice and values.
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What is your country’s stance on human rights and traditional values? THINK: One of the most beneficial things that you can do before the conference is to gain a thorough background of your own country’s history and current situation. Remember that your position paper must reflect the views of your country: 1. Formal: Investigate which international protocols related to human rights that your country has ratified. Additionally, what governmental programs are in place to enforce human rights? 2. Informal: Has your country been accused of human rights violations since signing a human rights treaty? Do any “traditional values” in your country conflict with human rights? What area of the world is your country found?
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Questions to Consider Defining Traditional Values Should we define the term “traditional values?� How can we judge which traditional values are consistent with human rights law? At what point do traditional values become harmful/beneficial towards human rights law? How might different definitions of traditional values change human rights law considering the passed resolutions? The conclusion of the official study outlines: States must accept human rights principles, implement them, and then have their citizenry respond. The study notes that the implementation of universal human rights norms and standards at the grass-roots level has been particularly difficult process. Is the use of traditional values a way to make this implementation more successful, or will it detract from the principle? What is the role of the Advisory Committee? http://www.wunrn.com/news/2012/09_12/09_24/092412_traditional.htm The interactive dialogue with Mr. Ziegler demonstrated the disagreement as to the usefulness of the Advisory Committee. Both the EU and the US criticized the Advisory Committee as expensive and duplicative. Interestingly, the Russian Federation called for a greater use of the Committee by the Council, despite having disregarded the incompletion of the study on traditional values by the Advisory Committee. Both Cuba and Venezuela encouraged the Council to make greater use of the Committee, commending its work on the right to peace, human rights education, rights of farmers, and traditional values. Looking Ahead The terms of 9 of the 25 States that voted in favour of the most recent traditional values resolution had their terms expire at the end of 2012; amongst them were the strident voices of China and Cuba and protagonists, the Russia Federation. In comparison, only five of the states (Mauritius, Hungary, Mexico, Belgium and Norway) that voted against the resolution in September 2012 will not be able to vote in 2013xlix. How will the committee change without the Russian Federation at the helm? Will the Latin American member states such as Chile, Uruguay, Peru and Guatemala that have abstained from voting in the past take stronger positions?
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Role of the Committee The H.R.C. produces a few different types of documents each time it meets. For its regular sessions, which occur every few months, the H.R.C. produces resolutions and decisions. It also publishes thematic reports that delegates considered at the proceedings, communications from government representatives, statements from nongovernmental organizations, and a final report. The H.R.C. may also hold ad hoc meetings on emergency topics, such as the internal conflict in Syria. At Y.M.U.N., delegates will be expected to produce a resolution, a binding document containing recommendations or orders for states to carry out. The H.R.C. has the power to observe countries’ human rights practices and make observations and recommendations about these practices. It is charged with bringing violations of rights to the attention of government official and the international community. The H.R.C. also has the power to educate individuals about topics related to human rights. Although it is given the duty to prevent and address human rights violations, it cannot go about doing its work in any way it wants; it cannot, for example, order the use of military force or impose economic sanctions.
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Structure of the Committee Please note that you must submit one position paper about each topic – two position papers in total – by the end of the first committee session in order to be eligible for an award. Each position paper should be a 1-2 page summary of your country’s views on the topic under consideration. It should explain steps your country has already taken to address the issue and actions it could take in the future to continue addressing it. If you email your position papers to the Chairs by January 9th, the Chairs will send you feedback and advice on what you’ve written. The H.R.C. follows the General Assembly rules and procedures. It will open with a Speaker’s List, in which country representatives will give brief, introductory remarks on which topic they would like to discuss and why. Delegates will generally have one to two minutes to speak. Then, the delegates will vote on which topic to discuss first.
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After choosing the order of discussion, delegates can continue saying remarks through the Speaker’s List, getting up one at a time and reading statements in front of the entire room. They can also vote to enter into a moderated caucus, which is similar to a Speaker’s List but with a very specific, thematic focus. For example, if the topic of discussion were human trafficking, delegates might enter into a moderated caucus on how to protect migrant workers or how to create more uniform identification standards. Once they have developed some of their ideas, delegates will enter into an unmoderated caucus, which is unstructured time when they will gather together and write working papers. Working papers will be the starting point for the resolution(s) the committee ultimately passes. When these working papers are complete, they will be read aloud in front of the entire room and will automatically be renamed “draft resolutions.” The delegates will vote on which draft resolution(s) to turn into official, approved resolution(s). Resolutions should be formatted with the committee name (H.R.C.), a list of sponsors, a list of signatories, prembulatory clauses, and active clauses. You can look up any of the H.R.C. resolutions mentioned in this guide to use as examples.
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Suggestions for Further Research Belse, Patrick. "Forced Labor and Human rafficking: Estimating the Profits” (Working Paper). International Labour Office, March 1, 2005. Hughes, Donna, Laura Joy Sporcic, Nadine Mendelsohn, and Vanessa Chirgwin. The Factbook on Global Sexual Exploitation, Coalition Against Trafficking in Women, 1999. Kristof, Nicholas D. "The 21st-Century Slave Trade." The New York Times, April 22, 2007. Krug, Etienne G., James A. Mercy, Linda L. Dahlberg, and Anthony B. Zwi. "The World Report on Violence and Health." The Lancet 360 (October 5, 2002): 1083-88. Penn, Michael L., and Rahel Nardos. Overcoming Violence Against Women and Girls: The International Campaign to Eradicate a Worldwide Problem. Rowman & Littlefield, 2003. http://www.who.int/gender/violence/who_multicountry_study/en/ Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 Skinner, E. Benjamin. A Crime So Monstrous: A Shocking Exposé of Modern-day Sex Slavery, Human Trafficking and Urban Child Markets. N.p.: Mainstream, 2008. U.S. Department of State. Trafficking in Persons Report 2012, 2012. Watts, Charlotte, and Cathy Zimmerman. "Violence against Women: Global Scope and Magnitude." The Lancet 359 (April 6, 2002): 1232-37. Reichenbach, Laura, and Mindy Jane Roseman. Reproductive Health and Human Rights: The Way Forward. Philadelphia: University of Pennsylvania Press, 2009.
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"Reproductive Rights: Advancing Human Rights: UNFPA." UNFPA - United Nations Population Fund. http://www.unfpa.org/rights/rights.htm. "Reproductive rights approach to reproductive health in developing countries." National Center for Biotechnology Information. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3241939/. United Nations Human Rights Advisory Committee homepage (UNHRC think tank) http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Traditionalvalues.aspx Resolution 16/3: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/16/3 or http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Traditionalvalues.aspx Study of the Human Rights Council Advisory Committee on promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind (the study itself) http://www.ohchr.org/Documents/HRBodies/HRCouncil/AdvisoryCom/Session10/A.HRC.22.71_en.pdf
The United Nations on human rights: http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx http://www.un.org/en/rights/index.shtml Explanation of Vote on the Resolution 16/3 Statement by the United States http://geneva.usmission.gov/2012/09/27/u-s-opposes-resolution-on-traditional-values-could-have-negativeeffect-on-women-minorities-vulnerable-groups/ Comprehensive overview: http://www.wunrn.com/news/2012/09_12/09_24/092412_traditional.htm ap.ohchr.org/documents/E/HRC/d_res_dec/A_HRC_21_L2.doc*
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Relevant U.N. websites, including: a. The Blue Heart Campaign: http://www.unodc.org/blueheart/en/about.html b. The Human Rights Council: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx c. The Special Rapporteur on trafficking in persons, especially women and children: http://www.ohchr.org/EN/Issues/Trafficking/Pages/TraffickingIndex.aspx d. The thematic page on trafficking in persons from the U.N. Office of Drugs and Crime: http://www.unodc.org/unodc/human-trafficking/ e. The U.N. Global Initiative to Fight Human Trafficking (U.N.G.I.F.T.): http://www.ungift.org f. The U.N. International Emergency Children’s Fund page on child trafficking: http://www.unicef.org/protection/57929_58005.html
2. Any U.N. documents that were mentioned in the “Topic History” section. Also see the Recommended Principles and Guidelines on Human Rights and Human Trafficking: http://www.ohchr.org/Documents/Publications/Traffickingen.pdf. 3. The U.S. Trafficking in Persons (T.I.P.) Report: http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm 4. Websites of relevant nongovernmental and international organizations, including: a. Child Safe: http://www.childsafe-international.org b. End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes (E.P.C.A.T.): http://www.ecpat.net/EI/index.asp c. Free the Slaves: https://www.freetheslaves.net/SSLPage.aspx d. Not for Sale: http://www.notforsalecampaign.org e. Somaly Mam: http://www.somaly.org/somaly-mam f. The Coalition against Trafficking in Women (C.A.T.W.): http://www.catwinternational.org g. The European Union page on trafficking: http://ec.europa.eu/anti-trafficking/ h. The International Organization for Migration (I.O.M.): http://www.iom.int The Polaris Project: http://www.polarisproject.org
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NOTES !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! i
A/RES/60/251: Resolution adopted by the General Assembly, 60.251. Human Rights Council, United Nations General Assembly, 3 April 2006, http://www2.ohchr.org/english/bodies/hrcouncil/docs/a.res.60.251_en.pdf. ii “Special Procedures of the Human Rights Council,” OHCHR, http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx iii “Universal Periodic Review,” OHCHR, http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRmain.aspx. iv “Human Rights Council Advisory Committee,” OHCHR, http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/HRCACIndex.aspx. v “Human Rights Council Complaint Procedure,” OHCHR, http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx. vi “United Nations Human Rights Council: Background Information on the Human Rights Council,” OHCHR http://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx vii United Nations Convention against Transnational Organized Crime and the Protocols Thereto, UNODC, 2004, http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf. viii Recommended Principles and Guidelines on Human Rights and Human Trafficking, OHCHR, 2002, http://www.ohchr.org/Documents/Publications/Traffickingen.pdf. ix “Timeline of Human Trafficking: 1400,” http://www.eden.rutgers.edu/~yongpatr/425/final/timeline.htm. x “Timeline of Human Trafficking: 1904,” http://www.eden.rutgers.edu/~yongpatr/425/final/timeline.htm xi “Timeline of Human Trafficking: 1927,” http://www.eden.rutgers.edu/~yongpatr/425/final/timeline.htm. xii “Trafficking Timeline,” http://traffickingtimeline.com/#. xiii “Timeline of Human Trafficking: 1995,” http://www.eden.rutgers.edu/~yongpatr/425/final/timeline.htm. xiv “Trafficking Timeline,” http://traffickingtimeline.com/#. xv “International Standards,” OHCHR, http://www.ohchr.org/EN/Issues/Trafficking/Pages/Standards.aspx. xvi Trafficking in persons, especially women and children: efforts to combat human trafficking in supply chains of businesses, OHCHR, 29 June 2012, http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/23/L.8. xvii “20th session of the Human Rights Council: Resolutions and President’s statement,” OHCHR, http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session20/Pages/ResDecStat.aspx. xviii Trafficking in persons, especially women and children: regional and subregional cooperation in promoting a human rights-based approach to combating trafficking in persons, OHCHR, 23 June 2010, http://daccess-ddsny.un.org/doc/UNDOC/LTD/G10/142/34/PDF/G1014234.pdf?OpenElement xix “Special Rapporteur on trafficking in persons, especially women and children,” OHCHR, http://www2.ohchr.org/english/issues/trafficking/. xx “Sheet: Distinctions between Human Smuggling and Human Trafficking 2006,” U.S. Department of State, http://www.state.gov/m/ds/hstcenter/90434.htm. xxi “Trafficking Timeline,” http://traffickingtimeline.com/#. xxii Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxiii Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxiv “People Vulnerable to Human Trafficking,” UNODC, http://www.unodc.org/unodc/en/hiv-aids/more-about-peoplevulnerable-to-human-trafficking.html. xxv Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxvi Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxvii A/HRC/17/35, Report of the Special Rapporteur of trafficking in persons, especially women and children, Joy Ngozi Ezeilo, OHCHR, 13 April 2011, http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A-HRC-17-35.pdf.
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UNCSW 36 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! xxviii
Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxix “House of Horrors: Labor Trafficking in Domestic Workers,” The Daily Beast, 18 July 2013, http://www.thedailybeast.com/witw/articles/2013/07/18/house-of-horrors-labor-trafficking-in-domestic-workers.html. xxx “Human Trafficking Roundup Nets 75 in Spain, France,” WTVR: CBS 6, 10 August 2013, http://wtvr.com/2013/08/10/human-trafficking-roundup-nets-75-in-spain-france/. xxxi Global Report on Trafficking in Persons 2012, UNODC, http://www.unodc.org/documents/data-andanalysis/glotip/Trafficking_in_Persons_2012_web.pdf. xxxii Merriam Webster. 2013. s.v. "Human Rights." http://www.merriam-webster.com/dictionary/human rights?show=0&t=1376416919 (accessed August 13, 2013). xxxiii "Human Rights." Worldmark Encyclopedia of Nations. 2007. Encyclopedia.com. (August 13, 2013).http://www.encyclopedia.com/doc/1G2-2586700041.html xxxiv Ibid. xxxv United Nations, , ed. The United Nations. s.v. "History of the Document: The Universal Declaration of Human Rights." http://www.un.org/en/documents/udhr/history.shtml (accessed August 13, 2013). xxxvi The United Nations, . Human Rights Law, "Universal Declaration of Human Rights." Accessed August 14, 2013. http://www.un.org/en/documents/udhr/hr_law.shtml. xxxvii
http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
xxxviii
http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Traditionalvalues.aspx
xxxix
Ibid.
xl
http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Traditionalvalues.aspx
xli
http://www.ishr.ch/council/376-council/1440-statement-scrap-draft-homosexual-propaganda-law-which-would-
contravene-human-rights-and-target-human-rights-defenders xlii
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12592&LangID=E
xliii
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12592&LangID=E
xliv
http://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf #204
xlv
http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en 1.5
xlvi
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#intro
xlvii
http://www.coe.int/t/dghl/cooperation/lisbonnetwork/themis/echr/paper2_en.asp
xlviii
http://www.ijrcenter.org/2012/10/08/why-the-fuss-understanding-the-human-rights-councils-resolution-on-traditional-
values/#sthash.AFCwhn3L.E93xy6EM.dpbs xlix
!
http://www.opendemocracy.net/5050/maggie-murphy/traditional-values-vs-human-rights-at-un