THE UNITED NATIONS HUMAN RIGHTS COUNCIL ShriMUN 2015 Chair: Tanya Rohatgi Director: Raghav Mathur Rapporteur: A message from the Executive Board Dear delegates, It is our pleasure to welcome you to the Human Rights Council at Shri MUN - 2015. We hope that this guide prepared by your Executive Board will help you to develop a basic understanding of the agendas and will serve as a starting point for your research. However do note that this guide is not meant to serve as a source or a framework for your research. Instead, use this guide to understand the nature of the agendas at hand. Thus do not let this guide restrict the scope of your research in any way whatsoever. Do remember to place an emphasis on originality with regard to the solutions you wish to propose. We look forward to a productive and mutually enriching conference. This year’s Agenda in the HRC is: 1) Human Trafficking If any of you have any questions whatsoever, be it about the agenda or the committee; don’t hesitate to send us an e-mail on the addresses given below. Warm Regards, The Executive Board, Human Rights Council, Shri-MUN 2014 Tanya Rohatgi Chair Raghav Mathur Director (rmathur1998@gmail.com) The United Nations Human Rights Council Introduction: The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva. The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. The Human Rights Council replaced the former United Nations Commission on Human Rights. The General Assembly established the UNHRC by adopting a resolution (A/RES/60/251) on 15 March 2006, in order to replace the previous CHR, which had been heavily criticized for allowing countries with poor human rights records to be members. Structure: The members of the General Assembly elect the members who occupy the UNHRC's forty-seven seats. The General Assembly takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard. The term of each seat is three years, and no member may occupy a seat for more than two consecutive terms. The seats are distributed among the UN's regional groups as follows: 13 for Africa, 13 for Asia, six for Eastern Europe, eight for Latin America and the Caribbean (GRULAC), and seven for the Western European and Others Group (WEOG). The previous CHR had a membership of 53 elected by the Economic and Social Council (ECOSOC) through a majority of those present and voting. The General Assembly can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership. The suspension process requires a two-thirds majority vote by the General Assembly. The resolution establishing the UNHRC states that "members elected to the Council shall uphold the highest standards in the promotion and protection of human rights." Sessions: The UNHRC holds regular sessions three times a year, in March, June and September. The UNHRC can decide at any time to hold a special session to address human rights violations and emergencies, at the request of one third of the member states. To date there have been 19 Special Sessions. AGENDA: HUMAN TRAFFICKING Definition: Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons 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 of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Virtually every country in the world is affected by these crimes. The challenge for all countries, rich and poor, is to target the criminals who exploit desperate people and to protect and assist victims of trafficking and smuggled migrants, many of whom endure unimaginable hardships in their bid for a better life. Elements of Human Trafficking On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements; The Act (What is done) Recruitment Transportation Transfer Harbouring Receipt of persons The Means (How it is done) Threat Use of force Coercion Abduction Fraud Deception Abuse of power or vulnerability Giving payments or benefits to a person in control of the victim The Purpose (Why it is done) Prostitution Other forms of sexual exploitation Forced labour or services Slavery Practices similar to slavery Servitude Removal of organs Criminalization of Human Trafficking The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide consistency and consensus around the world on the phenomenon of trafficking in persons. Article 5 therefore requires that the conduct set out in article 3 be criminalized in domestic legislation. Domestic legislation does not need to follow the language of the Trafficking in Persons Protocol precisely, but should be adapted in accordance with domestic legal systems to give effect to the concepts contained in the Protocol. In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization also of: · Attempts to commit a trafficking offence · Participation as an accomplice in such an offence · Organizing or directing others to commit trafficking. National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The legislative definition should be dynamic and flexible so as to empower the legislative framework to respond effectively to trafficking which: · Occurs both across borders and within a country (not just crossborder) · Is for a range of exploitative purposes (not just sexual exploitation) · Victimizes children, women and men (Not just women, or adults, but also men and children) · Takes place with or without the involvement of organized crime groups. Is There A Legal Instrument To Tackle Human Trafficking? The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, was adopted by the United Nations General Assembly in 2000 and entered into force on 25 December 2003. The Trafficking Protocol, which supplements the United Nations Convention against Transnational Organized Crime, is the only international legal instrument addressing human trafficking as a crime and falls under the jurisdiction of the United Nations Office on Drugs and Crime (UNODC). The purposes of the Trafficking Protocol are: To prevent and combat trafficking in persons To protect and assist victims of trafficking, and To promote cooperation among States Parties in order to meet these objectives. The Trafficking Protocol advances international law by providing, for the first time, a working definition of trafficking in persons and requires ratifying States to criminalize such practices. Global Report on Human Trafficking: In 2010, just a few months short of the tenth anniversary of the adoption of the Trafficking in Persons Protocol, Member States renewed their commitment to the fight against trafficking in persons by adopting the United Nations Global Plan of Action to Combat Trafficking in Persons (contained in General Assembly resolution 64/293). In the framework of the Global Plan of Action, the General Assembly mandated UNODC to collect information and publish a Global Report on Trafficking in Persons every two years. The UNODC Global Report 2014 is the second of its kind mandated by the General Assembly. It covers 128 countries and provides an overview of patterns and flows of trafficking in persons at global, regional and national levels, based on trafficking cases detected between 2010 and 2012 (or more recent). The Global Report 2014 highlights the role of organized crime in trafficking in persons, and includes an analytical chapter on how traffickers operate. The worldwide response to trafficking in persons is also a focus of this edition of the Global Report. Trafficking in persons is a truly global phenomenon: between 2010 and 2012, victims from at least 153 countries were detected in 124 countries worldwide. A great majority of the victims detected are females, although men and boys are also trafficked in significant numbers. Women and girls are not only trafficked for sexual exploitation, but also for forced labour and for other purposes. The percentage of children among victims is increasing and children now comprise nearly one third of all detected trafficking victims in the world. Many countries have recently passed legislation criminalizing trafficking in persons as a specific offence. However, definitions of human trafficking vary, as does the capacity to identify offenders and victims. The overall criminal justice response to trafficking in persons, which has historically been very weak, has not improved. The Country Profiles of the Global Report present a national level analysis for each of the 128 countries covered by this edition of the report: http://www.unodc.org/documents/data-and analysis/glotip/GLOTIP_2014_full_report.pdf Human Trafficking Hubs: Although human trafficking is a problem which affects countries all around the globe, there are areas in recent times which have gained much attention from the media for being popular victims of human trafficking. United States: In the United States, there has been a correlation between big sporting events, such as the Superbowl, and Human Trafficking. Nevada and specifically Las Vegas has also been a victim of Human Trafficking in recent times. Mexico: Mexico is a country of origin, transit and destination for trafficking victims. However, a large number of Mexican boys and girls are trafficked within Mexico for the purposes of sexual exploitation. These victims are often lured from poor rural districts to urban and tourist districts. According to a recent report by ECPAT, Mexico has become the major sex tourism destination in the Americas. More than 16,000 children are estimated to be involved in the sex industry in the country’s popular tourist destinations of Acapulco, Cancun, Guadalajara and Tijuana. The Caribbean: Human trafficking is a major issue facing the Caribbean region. For example, in Haiti, an estimated 250,000 children—80% of whom are girls—have been subjected to a system of domestic slavery termed “restavèk” (a Creole word which means to “one who stays with”). As a consequence of the catastrophic earthquake in January, the number of persons who have been left vulnerable to exploitation has increased dramatically. Experts fear that the increase in children alone, whether separated from their families, or new orphans, or restavèks, who are now wandering the streets, will be absorbed by a culture that has looked on child servitude and child slavery as a normal part of life. Brazil: Brazil has one of the worst child sex trafficking problems in the world. It also has a thriving sex tourism industry, with sex trafficking of Brazilian women occurring in every state and federal district of the country. Foreign tourists from Germany, Italy, and other European states increasingly come to Brazil for sex tourism. The age of consent in Brazil is 18; however, according to UN estimates “2 million young people under the age of 18 have been trafficked into prostitution.” Germany and Netherlands: Some experts raise concerns that the legalization of prostitution is directly linked to the legitimization of commercial sex trafficking. They argue that the aggregate impact of legalization over the years in countries like Germany, the Netherlands, Australia, and other countries has been to create major hubs of demand for trafficked women and children. Israel: At the start of the new century, Israel found itself with an unexpected and unwanted reputation – as a destination hotspot for sex trafficking. In 2006, the United Nations named Israel as one of the world’s primary destinations for trafficked women. Middle Eastern and Gulf States: The commercial sex industry has in the past flourished in the Middle East. Most notably, underground prostitution rings are a problem throughout the region. Many of the Gulf States, including the United Arab Emirates, Kuwait, Bahrain, Qatar, Jordan, and Lebanon are significant hubs of demand. UAE has in the past been dubbed the “Centre for Prostitution in the Middle East” India: Women and girls are trafficked both within India and into India from Nepal and Bangladesh and other neighbouring countries. Huge red light districts holding thousands of women and children operate brothels offering girls as young as 9 and 10 for sale. Kamathipura in Mumbai, Sonagachi in Calcutta, Reshampura in Gwalior and Budhwar Peth in Pune all hold thousands of women, many of them in virtual captivity. China: China’s one child policy has created severe gender imbalances where boys outnumber girls by a significant margin. Because of a longstanding preference for sons, parents have actively engaged in gender based selective abortions/feticide, abandonment, and infanticide. Consequently, many millions of girls are missing and experts estimate that in this generation alone, over 37 million men will not find partners. Experts fear that this will generate a demand for trafficked women and girls — demand that will be met from countries like North Korea, Vietnam, Myanmar, Mongolia, Thailand and elsewhere. Cambodia: The Cambodian economy relies heavily on the tourist industry. This lush tropical land with its beautiful beaches and ancient temples attracts many vacationers. Tourism is good and legitimate tourism needs to be encouraged. Unfortunately, there is dark underbelly which has flourished over the last twenty years: child sex tourism. Cambodia has come to be known for its thriving sex industry, where child sexual exploitation runs rife, and authorities are easily bribed to look the other way; thus, predators and child traffickers alike act with impunity. Today many NGOs and FBOs are working with Cambodian law enforcement officials to turn this situation around, but to date, Cambodia is still a major hub of demand for commercial child sexual exploitation. These are just some of the many hotspots where instances of sexual trafficking have resurfaced over the years. You are recommended to go beyond these few countries, as well research more extensively on them. In committee, you will be expected to address issues in countries in the list as well as out of it. Organisations Combating Human Trafficking: Trafficking Policy and Advocacy: Polaris Project Second-Generation Trafficking: Prajwala Statelessness and Child Trafficking: COSA Trafficking of Men and Young Boys: Urban Light International Sporting Events: Student World Assembly’s Red Card Project Child Labour: GoodWeave The Issue of Choice: The Empower Foundation AIM OF AGENDA: This committee wishes to see the following aspects of the agenda discussed in the meeting: 1) 2) 3) 4) 5) 6) 7) The History of Human Trafficking Areas Most Adversely Affected by Human Trafficking Causes of Human Trafficking Global Laws Regarding Human Trafficking Domestic Laws Regarding Human Trafficking Issue of Human Trafficking in Different Areas Causes of Human Trafficking in Different Areas 8) Prevention of Human Trafficking 9) Penalisation of Defaulters 10) Provision of Aid to Victims of Human Trafficking 11) Awareness and Knowledge of Human Trafficking SUGGESTED READING: The following websites include information on Human Trafficking and its various aspects. You can use them, but do not restrict yourself to them and this background guide and make attempts to gain as much information on the agenda as possible from recognized and accepted websites: 1) http://www.unicef.org/ 2) http://www.reuters.com/ 3) https://www.cia.gov/library/publications/the-worldfactbook/index.html 4) http://www.unodc.org/unodc/human-trafficking/ 5) http://www.amnesty.org.uk/tags/trafficking 6) http://www.unhcr.org/4ae1a1099.html 7) https://www.ncjrs.gov/pdffiles1/nij/grants/224393.pdf Questions to aid your Research: 1) What are some of the most popular places in the world for Human Trafficking? 2) Why are some countries most susceptible to Human Trafficking than others? 3) What has been done to solve the problem in various regions? 4) How can the problem be solved further? 5) What are the legal viewpoints on Human Trafficking in various countries? 6) How has the UN worked on the Issue and where? 7) What are the causes of Human Trafficking both generally and specific to certain regions. The committee aims to seek a cohesive solution to this controversial issue that threatens the basic human rights of people around the world. The committee hopes to see nations working together to understand and then find solutions to this problem. http://www.globalcenturion.org/articles/articles-by-laura-jlederer-j-d-%EF%BB%BF/demand-hub-sex-trafficking/ http://www.ungift.org/knowledgehub/en/about/world.html https://www.polarisproject.org/media-center/news-andpress/press-releases/915-report-spotlights-human-traffickingtrends-in-the-us http://www.unodc.org/unodc/en/human-trafficking/global-reporton-trafficking-in-persons.html http://www.ohchr.org/en/hrbodies/hrc/pages/hrcindex.aspx http://shrimun.weebly.com/uploads/6/6/7/1/6671962/nps6809.p df