BUCKMUN XVI

Human Rights Council

Mesa
Luna Ramírez- Colegio San Jorge de Inglaterra
Jacobo Acosta- Colegio Buckingham

Topics
Topic A: Living conditions in prison centres and for people deprived of their
liberty.
Topic B:Political retaliation and persecution of feminist activists.
 1. Welcoming words

Dear delegates,

Welcome to the XVIth edition of BUCKMUN!

It’s our pleasure to present the Human Rights Committee and an honour to preside over this
committee. We hope you will thoroughly enjoy this experience and that it will become a
fruitful beginning to your journey into understanding and participating in Models United
Nations. We firmly believe Model United Nations are a tool for shaping global citizens,
capable of understanding how global issues concern them and of becoming engaged with
creating the solutions for our future.

If you have any doubts, do not hesitate to reach out for help. Our objective for this committee
is to introduce you into the functioning of Models United Nations; we want this committee to
be an opportunity for learning and growth. We expect you to be engaged, participative and
well prepared for the debate. Please research thoroughly to achieve a complete understanding
of the topics to be discussed and how they influence local, national and international
perspectives. We look forward to your capabilities of finding suitable solutions, proposing
and capabilities for teamwork.

Cordially,

Luna Ramírez
[email protected]

Jacobo Acosta
[email protected]

2. Introduction to the Committee

● Context of the committee
It is essential to understand what human rights are, they are rights that belong to every human
being with no exception, a right for life, health, education and many more which are
continued to be endorsed by the United Nations. The International Human Rights Law is an
international code for governments to follow which outline to what limits they domain over
their citizens.

With the creation of The United Nations, the lack thereof enforcement for the appliance and
respect of human rights resulted in the development of the council. It is made up of 47
Member States1 elected by the General Assembly. The Council focuses on addressing human
rights worldwide with themes, issues or situations in particular countries. It is essential to the
1 “HRC: Welcome to the Human Rights Council.” OHCHR, https://www.ohchr.org/en/hr-bodies/hrc/about-
council.
care and protection of citizens worldwide.

Some of the ambits within the council’s main focuses are: the right to life and liberty,
freedom and assurance of it by eliminating (slavery, torture, mistreatment), freedom of
opinion and expression, education and working rights, and the entitlement of human rights
without discrimination.

One of the main problems is enforcing the equality of these practices which is the main issue
with the management of human rights. Individuals in many nations do not follow or promote
these universal rights that must be respected to everyone. It is created to promote peace
worldwide and for each to be recognized as a human being in all territories and practices.

● Objetivos y Enfoques del comité/Objectives of the Committee

Main objectives of the committee include the understanding of the 2 issues that will be
discussed during the debate. Furthermore, while debating, delegates must be able to present
creative ideas, allowing for resolving issues revolving around the two main concepts. It is of
foremost importance to consider teamwork as an essential tool. Finally, during the Committee
certain case studies will be revised concerning issues within their jurisdiction. The
Committee will be targeted towards the proposition of resolutions under international
jurisdiction, recognizing where issues stem from and including recommendations to the
Board.

1. Strengthening of public policies and research

Within the principle of the United Nations Human Rights Council is the promotion of human
rights assistance and education; development of international human rights laws. The
Advisory Committee, a subsidiary body of the Humans Rights Council focuses on studies and
provision of research-based advice as requested by the Council. Furthermore, the OHCHR
may provide technical cooperation, capacity-building assistance or advisory services to States
concerning human rights violations.

2. Setting human rights standards

The Human Rights Council revises situations of human rights violations while enhancing
international laws on human rights.

3. Promotion of effective coordination and the mainstreaming of human rights

The Human Rights Council serves as an international forum of dialogue and cooperation for
human rights issues. Additionally, it implements the use of cooperative mechanisms such as
the UPR, which is based on interactive dialogue with States submitted under review.

4. Accountability and monitoring of member states

Experts are appointed by the Council as special procedures for monitoring of human rights in
specific countries or in relation to specific issues. The Human Rights Council provides
assistance on carrying out visits to the field, receiving and considering direct complaints from
victims of human rights violations and helps to make appeals to governments on behalf of
victims.

Other mechanisms include The Universal Periodic Review (UPR) is a human rights
mechanism implemented by the HRC, through which it reviews the fulfilment of each of the
United Nations Members of its human rights obligations and commitments.

5. Launching specialised missions and establishing commissions of inquiry

“ ‘Special procedures’ is the general name given to the mechanisms established by the former
Commission and assumed by the Council to monitor, advise and publicly report on human
rights situations in specific countries or territories (country mandates), or on major
phenomena of human rights violations worldwide (thematic mandates)” (OHCHR, 2016)

Tema A

● Key Concepts
Arbitrary detention: being detained for no legitimate reason or without legal process.

Incommunicado: being detained without access to family or lawyers.

Secret detention: being detained in a secret location.

Inadequate prison conditions: including overcrowding and prolonged solitary confinement.

Unfair trials: trials conducted without ensuring minimum legal process.

Torture and other forms of ill-treatment: “any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him for an act he
or a third person has committed or is suspected of having committed, or intimidating or
coercing him or a third person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. It does not
include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
(United Nations, 1984).

● Introduction to the topic

Prison centres are often under concerning and unsanitary conditions permitting the
prevalence of communicable diseases and mental health problems amongst those deprived of
their liberty. According to data from Penal Reform International, “prisons in over 121
countries exceed their maximum occupancy rate”, resulting in higher rates of violence, death
in custody and widespread lack of healthcare provision. Moreover, overcrowding poses a
major threat for the implementation of the Standard Minimum Rules for the Treatment of
Prisoners (UNODC)

Detrimental conditions at prison centres are often caused by underfunding of criminal justice
systems and punitive, as in these situations inmates reside in poor conditions, which more
than often violate their human rights. Overcrowding and poor hygiene have caused rates of
HIV, hepatitis and tuberculosis to be much higher in prisons than in the general population
(World Health Organization, 2014). Statistics by Penal Reform International indicate that
prison systems in 121 countries and territories operate above official capacity, within them 13
territories exceeding its capacity by 250%.

Poor prison conditions may stem from a number of systematic deficiencies in a State’s
criminal justice system including insufficient measures for crime prevention, excessive pre-
trial detention, lack of access to legal advice and assistance, inappropriate use of
imprisonment added to punitive criminal justice policies, lack of measures for promoting
social reintegration, inadequate management and infrastructure, specific needs of detainees as
of their gender not being met.

UNODC. (2015). Addressing the global prison crisis. Strategy 2015-2017.

● Historical Context

Under international law, detainees are entitled to rights and standards within the protections
of:
● The International Covenant on Civil and Political Rights
● UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and its Optional Protocol
● UN Convention for the Protection of All Persons from Enforced Disappearance
● UN Convention on the Rights of the Child
● UN Body of Principles for the Protection of All Persons under any Form of Detention
or Imprisonment
● UN Standard Minimum Rules for the Treatment of Prisoners
Basic Principles for the Treatment of Prisoners, as adopted by the United Nations General
Assembly in 19902, include:
1. Respect based on their inherent dignity
2. No discrimination in regards to sex, race, language, religion, political or other
opinion, national or social origin, property, birth or other status.
3. Respect of religious beliefs and cultural precepts
4. Custody of prisoners based on the fundamental principle of promotion of
well.being and development of all members of society.
5. Prisoners shall retain human rights and fundamental freedoms as stated in the
Universal Declaration of Human Rights
6. Right to participate in cultural activities and education
7. Encouragement of abolition of solitary confinement as a punishment
8. Employment for reintegration into the labour market and contribute to their
own financial support
9. Access to health services
10. Reintegration into society under the best possible conditions

Treatment of prisoners
• Standard Minimum Rules for the Treatment of Prisoners (1957—currently updated as
draft Mandela Rules)
• Basic Principles for the Treatment of Prisoners (1990)
• Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment (1988)

Alternatives to imprisonment
• UN Standard Minimum Rules for Non-custodial Measures - “the Tokyo Rules” (1990)
• Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters (2000)

Children deprived of their liberty

• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985)
• United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990)
• United Nations Model Strategies and Practical Measures on the Elimination of Violence
against Children in the Field of Crime Prevention and Criminal Justice (2014)
● United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(“the Beijing Rules”)
● United Nations Rules for the Protection of Juveniles Deprived of their Liberty

Foreign prisoners
• Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the
Treatment of Foreign Prisoners (1985)

Access to legal aid

• United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice
Systems (2012)
Crime prevention
• United Nations Guidelines for the Prevention of Crime (2002)
• United Nations Guidelines for Cooperation and Technical Assistance in the Field of
Urban Crime Prevention (1995)
• United Nations Guidelines for the Prevention of Juvenile Delinquency—Riyadh Guidelines
(1990)

● Case Studies

Islamic Republic of Iran:

According to Amnesty International, torture, ill-treatment and amputations as means of
punishment, as well as widespread use of the death penalty as a mechanism of prisoner
treatment remain present in prison centres. Furthermore, systematic impunity has been
identified for past and ongoing crimes against humanity, which have been related to
massacres in prison centres during 1988 and “other crimes under international law”.
Torture as used under interrogation is widely common.
Prison and prosecution authorities working under the judiciary have held prisoners under
centres characterised by inhumane conditions, within them: overcrowding, poor sanitation,
inadequate food and water, insufficient beds, poor ventilation, insect infestation and denied
adequate medical care.

Republic of El Salvador:
During his mandate, in 2020 President Nayib Bukele authorised the use of lethal force by
security forces, enforcing a series of mandatory lockdowns in prisons that held gang
members. Lockdowns subsequent to the report of 77 people murdered between April 24 and
27, involved holding inmates under inhumane conditions amounting to torture and cruel
treatment or punishment. Additionally, detainees belonging to gang groups were held in
obscure cells with no access to light. Under international human rights standards, authorities
must ensure living conditions for prisoners include access to appropriate light and ventilation,
hygiene, open air and personal space; practices of solitary confinement, collective
punishment and placement of prisoners in dark cells should be prohibited.

Republic of Nicaragua:
Overcrowding added to lack of safe drinking water and scarce medical services caused
concerning conditions in Nicaraguan prisons during the pandemic; overcrowding resulted in
further spread of COVID-19 even causing fatalities amongst inmates. Moreover, detention
due to political motives has been identified, where harsher punishment and discriminatory
treatment are common.

● About the debate

The debate will be focused under central problematics of living conditions in prison systems
and violations to human rights evidenced on inhumane treatment and torture mechanisms.
Additionally, the debate will be centred on causes of degradation of living standards and
mechanisms of guaranteeing access to humane treatment under international standards of
human rights. Regarding resolutions, objectgives of the debate will be to reach strategic
solutions on improving prison conditions, monitoring conditions on prison centers worldwide
and establishing means of protection for detainees against torture and other ill-treatment.

● Delegations positions
Topic A:
Republic of Colombia
Republic of El Salvador
United States of America
People’s Republic of China
Republic of Yemen
Islamic Republic of Iran
Republic of Honduras
Republic of Nicaragua
Swiss Confederation
Republic of the Philippines
Republic of Kenya
Russian Federation
Kingdom of Thailand
United Kingdom of Great Britain and Northern Ireland
Republic of India
French republic

Topic B:

Islamic Republic of Afghanistan

Republic of Uganda
People’s Republic of China
Federal Republic of Somalia
Syrian Arab Republic
Democratic Republic of Congo
The Dominican Republic
Republic of Finland
United Mexican States
Oriental Republic of Uruguay
The United States of America
Kingdom of Sweden

● QARMAS
 1. How does the judiciary system of your delegation work? How are prison centre
conditions?
2. Which international standards on human rights and imprisonment conditions has your
country ratified?
3. Has your delegation promoted campaigns or reforms on judiciary systems in favour of
guaranteeing adequate treatment of detainees?
4. Has there been any precedents of violations to human rights under prison centres?
5. How has the Human Rights Council acted upon the issue? Has your delegation been a
participant of projects on guaranteeing humane conditions in prison centres?
● Support Material
● References

United Nations Human Rights Office of the High Commissioner. (2022). Basic Principles for
the Treatment of Prisoners. https://www.ohchr.org/en/taxonomy/term/754?page=1

United Nations Human Rights Office of the High Commissioner. (2022). Instruments and
mechanisms. https://www.ohchr.org/en/instruments-and-mechanisms

United Nations Human Rights Council . (n.d.). Welcome to the Human Rights
Council. https://www.ohchr.org/en/hr-bodies/hrc/about-council

World Health Organization. (2014). Prisons and health. ISBN: 978 92 890 5059 3.
https://www.euro.who.int/__data/assets/pdf_file/0005/249188/Prisons-and-Health.pdf

Queensland Human Rights Commission. (2019). Right to humane treatment when deprived
of liberty. https://www.qhrc.qld.gov.au/your-rights/human-rights-law/right-to-
humane-treatment-when-deprived-of-liberty

Penal Reform International (n.d.). The Issue. https://www.penalreform.org/issues/prison-

conditions/issue/

Amnesty International (n.d.). DETENTION AND IMPRISONMENT.

https://www.amnesty.org/en/what-we-do/detention/

Amnesty International. (August 10, 2020). Prison and the pandemic: The lethal cocktail used
by the Nicaraguan government against those who criticize them.
https://www.amnesty.org/en/latest/news/2020/08/carcel-covid19-coctel-letal-
gobierno-nicaragua/
Amnesty International. (2021). Iran. https://www.amnesty.org/en/location/middle-east-and-
north-africa/iran/report-iran/
Human Rights Watch. (April 29, 2020). El Salvador: Inhumane Prison Lockdown Treatment.
https://www.hrw.org/news/2020/04/29/el-salvador-inhumane-prison-lockdown-
treatment
Human Rights Watch. (n.d.). INTERNATIONAL HUMAN RIGHTS STANDARDS
GOVERNING THE TREATMENT OF PRISONERS.
https://www.hrw.org/legacy/advocacy/prisons/stndrds.htm

UNITED NATIONS. (2005). Human Rights and Prisons: A pocket book of International
Human Rights Standards for Prison Officials.

UNODC. (2015). Addressing the global prison crisis. Strategy 2015-2017.

3. Tema B

● Key Concepts
3 VAWP manifests itself in certain, gender-specific ways, such as—but not limited to—the
following instances.
• Physical violence, such as murders, kidnappings, and beatings, frequently done with the
intention of making women quit their jobs or leave politics.
• Sexual violence, which includes rape, sexualized threats, unwelcome sexual advances,
sexual assault, and altered or sexualized pictures used to degrade and disparage women in
public.
• Economic violence, such as wage discrimination

Prisoners of conscience: someone imprisoned because of their beliefs (either political or

religious) or characteristics that define them (sexual orientation, ethnic, national or social
origin, language, birth, colour, sex or economic status).

● Introduction to the topic

Actors from all around the world are paying increasing and serious attention to the subject of
violence against women in politics. Piscopo (2016) criticizes new theories and approaches to
understand and address this issue, arguing that scholars have accepted activist definitions at
face value, violence against women in politics is merely a subset of violence in politics more
generally, weak state capacity and criminal justice systems—the result of incomplete
democratic consolidation—explain this phenomenon, and these violent acts not only violate
women's political rights but also other legal rights. In response, we contend that recent
academic research do indeed use new definitional methods.

● Historical Context
Although aggressiveness, coercion, and intimidation have long been issues for women in
politics (more on this below), the idea of violence against women in politics is relatively new,
just emerging in the last ten to fifteen years in various contexts throughout the world. The
phrase "political violence and harassment against women" first surfaced in Latin America in
2000, when Bolivia's Chamber of Deputies hosted a seminar on the subject to analyze
accusations of crimes committed against female candidates and elected officials in rural
municipalities.
● Case Studies
Feminist movements in the Islamic Republic of Iran:

Civil society activists have faced systematic persecution. The morality police has been
established by the government of Iran. As of 2022, the murder of Mahsa Amini by officers of
the “morality police”, on the grounds of violations of the preestablished dresscode for
women, sparked protests against government policies on women’s rights. Regarding
historical context, by 1983, usage of the hijab had become compulsory for all women, the
Iranian state’s extreme violence succeeded in forcing all women to veil; Research has shown
women have been subjected to various forms of violence for defying the rule, within them
being beaten, flogged, arrested, fined, humiliated, or fired from their jobs. Estimates suggest
around 133 people have been killed due to government retaliation against the protests.
Consequently, authorities have increasingly transferred women prisoners of conscience to
squalid conditions, under reprisal for denouncing human rights violations while being
imprisoned.

“Thousands of people were interrogated, unfairly prosecuted and/or arbitrarily detained

solely for peacefully exercising their human rights, and hundreds remained unjustly
imprisoned. Security forces unlawfully used lethal force and birdshot to crush protests.
Women, LGBTI people and ethnic and religious minorities faced entrenched discrimination
and violence” (Amnesty International, 2021)

“Women faced discrimination in law and practice, including in relation to marriage, divorce,
employment, inheritance and political office. Discriminatory compulsory veiling laws led to
daily harassment, arbitrary detention, torture and other ill-treatment, and denial of access to
education, employment and public spaces. At least six women’s rights defenders remained
imprisoned for campaigning against compulsory veiling.” (Amnesty International, 2021).

● About the debate

● QARMAS
● Support Material
● References

Margolis, H. (2020, May 27). "The breath of the government on my back". Human Rights
Watch. Retrieved December 1, 2022, from
https://www.hrw.org/report/2019/02/06/breath-government-my-back/attacks-womens-
rights-poland

OHCHR and women's Human Rights and Gender Equality. OHCHR. (2022, November 4).
Retrieved December 1, 2022, from https://www.ohchr.org/en/women
Boroumand, L. (September 2022). Why women are leading the fight in Iran.
https://www.journalofdemocracy.org/why-women-are-leading-the-fight-in-iran/

United Nations. (08 March 2021). Iran: Women and girls treated as second class
citizens, reforms urgently needed, says UN expert. https://www.ohchr.org/en/press-
releases/2021/03/iran-women-and-girls-treated-second-class-citizens-reforms-
urgently-needed
Human Rights Watch. (October 28, 2015). Women’s Rights in Iran.
https://www.hrw.org/news/2015/10/28/womens-rights-iran