SWCMUN 2011 Human Rights Council Background Guide Sir Winston Churchill HSMUN Conference SWCMUN 2011 Table of Contents Current Membership in HRC: Angola Burkina Faso Cameroon Djibouti Gabon Ghana Mauritania Mauritius Nigeria Senegal Uganda Zambia Bahrain Bangladesh China Japan Jordan Kyrgyzstan Malaysia Maldives Pakistan Qatar South Korea Saudi Arabia Thailand Hungary Argentina Poland Brazil Moldova Chile Russia Cuba Slovakia Ecuador Ukraine Guatemala Belgium Mexico Uruguay France Norway Spain Switzerland United Kingdom United States The Human Rights Council was established by the General Assembly on March 15, 2006 in order to provide a body for addressing human rights violations in the international community. It is comprised of 47 member states and replaced the United Nations Commission on Human Rights. The Human Rights Council recently implemented the Universal Periodic Review, which provides a mechanism to review the human rights situations in every member state of the UN. The Council also created a Complaints Procedure that provides a mechanism for bringing complaints regarding human rights to the UN, as well as an Advisory Committee that provides expert advice and recommendations on human rights issues. This newly created intergovernmental body provides an exciting opportunity to address human rights from a new perspective. In this committee, delegates will focus on the repercussions for human rights in each topic. Debate will center on creating mechanisms for addressing human rights violations in the international community and strengthening the UN’s commitment to protecting human rights worldwide. Human Rights Council Background Guide | SWCMUN 2011 Committee Description: 1 Human Rights Council Background Guide | SWCMUN 2011 Committee: United Nations Human Rights Council (UNHRC) Topic 1: Human Trafficking Background Human trafficking involves an act of “recruiting, transporting, transferring, harbouring or receiving a person through a use of force, coercion or other means”, merely for the purpose of exploiting them. Human trafficking has become a major problem in the global community. Internationally, human trafficking is linked to illegal arms trade and is the second largest crime in the world (following the drug trade). This issue violates numerous human rights and poses a great threat to the victims. The smuggling of migrants and human trafficking for commercial exploitation and slave labour are just two of the quickest growing international issues in recent years. Exploitation usually comes in forms of forcing trafficked victims into prostitution, slavery, or servitude, or tricking victims into debt bondage. It is estimated that nearly eighty percent of trafficking involves sexual exploitation and approximately nineteen percent involves labour exploitation. Trafficking has become an illegal lucrative business in which traffickers or “travel agents” make large amounts of profits from hundreds of thousands a month to a million a year. According to the United Nations, there are approximately 2.5 million trafficked victims from 127 countries. It is a common misconception to believe that human trafficking only occurs in lesser developed and poorer countries; however, nearly every country, if not all, is involved in this business. Although it is commonly presumed that trafficking occurs mainly in cities, trafficking takes place more frequently in suburbs because traffickers feel they are less likely to get caught in the act. Due to weak borders of neighboring countries also serve as destinations for trafficked women and children. Illiteracy, unemployment, poverty, child matrimony, domestic violence, and hazardous migration are presumed to be main causes for the growing rate of illegal human trafficking. The majority of trafficked victims are often effortlessly tricked through false advertisements in newspapers and magazines for a “better life,” approached in public sceneries, or are taken advantage of when traveling to and from cities. Many times, victims are placed in the business by families who are hoping to gain an income. In many cases, destinations for trafficked victims include brothels. Brothel owners rarely intervene with the law enforcement (police), and those who have only do so due to unpaid payments. The children in brothels are born there and often times have little access to proper upbringing. Lack of education among girls, women, and men is also fuelling the rapid growth of sexually transmitted diseases, namely HIV/AIDs. Women who have been sexually exploited experience a notably higher rate of HIV, tuberculosis, and permanent damage to their reproductive systems. Children victims are also are a higher risk to developing mental health problems and engage in violent crimes in the future. At these brothels, many clients hold a misconception, believing that having sexual intercourse with a virgin can cure their HIV/AIDs and other common sexually transmitted diseases. This has also greatly contributed to the growing spread of these diseases. 2 Human Rights Council Background Guide | SWCMUN 2011 U.N. Involvement Recently, the United Nations High Commissioner on Human Rights and the United Nations Children’s Education Fund have been working tirelessly to find solutions to human trafficking. The United Nations passed the General Assembly Resolution 159/54, in which it condemns kidnapping under any circumstances. Nine resolutions regarding combating human trafficking were passed at the General Assembly’s 55th session. In 2000, the United Nations adopted the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (also known as the Trafficking Protocol) to create a global set of guidelines instituted by the United Nations Convention against Transnational Organized Crime. The aforementioned Protocol is the very first legally binding catalyst with an approved definition for human trafficking. The Protocol was effective on 25 December 2003, and by June 2010, the Trafficking Protocol was signed by 137 parties and 117 countries. The Office of the High Commissioner for Human Rights (OHCHR) oversees core programs in protecting human rights and implementing international rights agreements. Under this agency, the Special Rapporteur on Violence against Women and the Working Group on Contemporary Forms have both well addressed trafficking. Special Rapporteur on the Sale of Children and the Committee on the Rights of the Child work in coalition to overlook specific needs regarding children. Recently, the General Assembly’s 64 th Session in 2009, has addressed the Report of the Special Rapporteur on Trafficking in Persons, Especially in Women and Children. In addition to the aforementioned mechanisms, OHCHR recently established a system for intra-Office coordination specifically for human trafficking. The United Nations Office on Drugs and Crime (UNODC) is responsible for crime prevention and law reform. In 2010, UNODC hosted the 12th United Nations Congress on Crime Prevention and Criminal Justice. At this event, participants were explored two top issues: the first was discussing the link between organized crime and trafficking/smuggling of persons and the second was discussing ways to prevent violence against migrants. The UN Global Program against Trafficking in Human Beings (GPAT) is also an organization that is cooperating against the trafficking of persons. The countries involved in this program are Asia, Europe, Africa and Latin America and was established in March 1999. GPAT assists areas in their efforts to cease trafficking in human beings. It emphasizes the involvement of organized crime groups in human trafficking and promotes the development of effective ways to track down criminals responsible for the crime. The Joint United Nations Programme on HIV/AIDS (UNAID is an umbrella organization that brings together seven UN agencies for a common cause: the United Nations Children’s Fund (UNICEF), the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the United Nations International Drug Control Programme (UNDCP), the United Nations Educational, Scientific, and Cultural Organization (UNESCO), the World Health Organization (WHO), the World Bank, and the International Labour Organization (ILO). UNAIDS has recognized that trafficked persons highly vulnerable to HIV/AIDS exposure because they are usually prone to multiple physical and psychological health problems. Hence, UNAIDS has integrated anti-trafficking in its HIV/AIDS programmes to prevent the spread of the epidemic. 3 Previous Solutions As mentioned formerly, law enforcement and prosecutors are often given “hush money” as bribes to allow traffickers and brothel owners to get away with human rights violations with little to no punishment. It is therefore critical to remember to create transparency while simultaneously ensuring national sovereignty. Human trafficking is an issue that needs to be gradually stopped, as it will be difficult to discontinue all of a sudden. Many families rely on these actions as an income and victims often have trouble reintegrating back into society if they even are released. Due to these circumstances, previous solutions mainly consisted of awareness and fundraising, however, just these methods will not suffice in truly combating human trafficking. Keep in mind that one of the main problems with human trafficking is that even after a victim is “rescued,” the victim has a sixty-five percent chance of falling back into the system again. Victims also face serious psychological problems and need medical attention. One past solution was in June 2000, the UN Inter-Agency Project on Human Trafficking (UNIAP) was established. Phase one of this program was completed in May 2003 and phase two was established in November 2003. Although phase two evolved its ideas and suggestions from phase one, UNIAP has customized the project approach and structure to better achieve the objectives. African Bloc: The African Bloc is similar to the Asian Bloc since the lesser developed nations lack the education and economic stability of more developed nations. In many countries such as Ghana, a family is often rebuked for offering a virgin female for sexual servitude. Hence, trafficked women are not eligible to the name of “wife.” African nations need cost-effective solutions since regions in Africa lack the basic necessities and infrastructure. Latin America Bloc: Deficient economic conditions and social problems create conditions which are favorable to human trafficking. Interpol accounted that nearly 35,000 women are trafficked from Colombia annually. Organized criminal networks are sometimes related to illegal armed parties, and have made much of internal trafficking victims vulnerable. Within the Latin American nations, children are heavily trafficked, sometimes in conjunction with Latin America’s drug trafficking problems. Middle Eastern Bloc: Keep in mind that cultural differences may come into play. For example, In India, there is currently no official electronic database for victims of human trafficking, and this is unfortunately an issue due to cultural traditions. Children are given common names with no surname; hence, have no access to official/identification paperwork. In addition, nearly fifty percent of Indian children drop out of school by the secondary system and never graduate. This Human Rights Council Background Guide | SWCMUN 2011 Bloc Positions Asian Bloc: Many of the developing nations do not have the same education or economic stability as the developed nations do. Japan, for example, is a main destination country for trafficked victims from countries such as Philippines and Thailand. Hence, it is estimated that 200,000 to 225,000 women and children are trafficking within the Southeastern Asian region every year. Most of the trafficking destinations are within the region. 4 has increased the causes to join trafficking. In addition, Iraqi women fleeing the Iraq War turn to prostitution as a last resort and others are trafficked abroad to countries such as Turkey, Jordan, and Qatar. Great prices are offered for virgins. Western Bloc: The Western bloc primarily consists of Western Europe, Canada, and the United States. This bloc is the most developed; despite these conditions, it is important to remember that this does not mean human trafficking does not exist in this region. Your country will most likely have laws established regarding human trafficking. The nations in the Western Bloc can provide majority of the resources needed to aid other nations and non-governmental organizations (NGOs). Helpful Websites 1. http://www.humantrafficking.org/ 2. http://humantrafficking.change.org/ 3. http://www.notforsalecampaign.org/ 4. http://www.ohchr.org/ 5. http://www.un.org/en/ 6. http://www.unodc.org/unodc/index.html 7. http://www.un.org/Overview/rights.html#atop Human Rights Council Background Guide | SWCMUN 2011 Points to Consider 1. What has your nation done in the past to help eradicate human trafficking? 2. Has your nation ratified all protocols, conventions, and documents trying to combat human trafficking? 3. How can the help of nations, organizations, and the United Nations be combined in order to successfully work in specific aforementioned regions? 4. What aid can your country provide? 5. Has your nation had any past human trafficking violations? 6. What standards has your country set in relation to human trafficking? 7. How can your country help to improve the law and system within your country and how can you suggest your thoughts to other nations? 8. What new solutions can your nation implement/suggest to the international community that is feasible yet economically cost effective? 5 Committee: United Nations Human Rights Council (UNHRC) Topic 2: Torture Torture has long been used to inflict both physical and mental pain and harm on individuals. Although the use of torture has began to diminish, there are still over 150 countries were such crimes are still prevalent. Organizations such as Amnesty International, the Human Rights Watch, and the International Rehabilitation Council for Torture Victims have recorded countries including China, Egypt, Indonesia, Iran, Iraq, Israel, Malaysia, Morocco, Nepal, North Korea, Pakistan, Russia, Syria, Turkey, Uganda, and Uzbekistan were recorded for using torture. Torture is used as a means of punishment, discrimination, confession, intimidation, coercion, and most prominently, to receive information. Those facing torture include: activists, criminal suspects, prisoners, outcasts of society due to ethnicity, religion, or gender, and even random innocent civilians during times of opposition or conflict. Physical and psychological torture is induced using force and violence to receive compliance and answers, rather than communication or further investigation; torturers fail to realize that this crime rarely supplies them with the needed information; along with disregarding the crucial fact that all forms of torture are violations of human’s rights and international law. Beating, electric shock, sexual assault, hanging by limbs, whipping, burning, and submersion in water are all forms of physical torture. Psychological torture on the other hand consists of mock executions, witnessed torture of others, being forced to kill or torture others, threats, isolation, sleep deprivation, blindfolding, insults, humiliation, and removal of needed medical attention and treatment. Both types of torture however have a similar and lasting effect upon the bodies and mind of these victims, as they are most often crippled be fear, guilt, shame, anxiety, nightmares, inability to sleep or think correctly, and post-traumatic stress disorder. Admiral Dennis C. Blair, Director of National Intelligence stated, “The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential t our national security,” for all governments must realize that aside from being unjust and dehumanizing, torture lacks efficiency and productivity. UN Action The United Nations have taken many steps to ensure a strong framework for the prevention of torture, while condemning its usage and encouraging its removal. Both the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights move that all people maintain the right to freedom for torture. In 1984 the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment which sets guidelines to prohibit and punish torture, while creating a definition for torture, making prosecution and punishment for this crime achievable on an international consensus. Furthermore the Article 2 of the convention reads that, “Each party shall take effective legislative, administrative, judicial, or other measures to prevent acts of torture in any area under its jurisdiction.” This convention also calls on states to ensure that all acts of torture are criminal offences within their laws, disable the extradition of criminals to nations where they Human Rights Council Background Guide | SWCMUN 2011 Background 6 Questions to Consider: 1. Is torture used within your nation either by the government or external parties like rebel groups? 2. What does your nation do to prevent torture? How does it punish those that commit this crime? 3. How are torture victims treated within your country? 4. Does your country have any laws or treaties regarding the extradition of criminals subject to receiving torture? 5. How does your nation classify ill treatment and torture? Are the punishments the same? Human Rights Council Background Guide | SWCMUN 2011 may be subject to torture, and calling upon nations to supply torture victims with resources for rehabilitation. The Convention also establishes the Committee against Torture to oversee the implementation of the convention within nations, as well as, requiring countries to supply the committee with information and reports demonstrating convention implementation as well as recommendations. The Subcommittee of Prevention of Torture taking force in 2007 and the Optional Protocol to the Convention against Torture of 2006, both work as inspection programs while the subcommittee oversees regions and bodies where citizens are deprived their liberty in their national parties. Resolution 36/151 installed the UN Fund for Victims of Torture which uses donation from governments, NGOs, and individuals to provide torture victims with humanitarian assistance including medical, legal, and psychiatric care. Equally beneficial are the UN Code of Conduct for Law Enforcement Officials and UN Body of Principles for the Protection of All Persons Under any Form of Detention of Imprisonment as they inhibit and denounce the usage of torture throughout the international community. The Human Rights Council issued an extension of three years in Resolution 8/8 so that all countries and individuals will be reported at any suspicion or knowledge of torture, allowing for country inspections, and the submission of the reports to the Human Rights Council and General Assembly. Approving Resolution 62/149, the General Assembly approved a global suspension on death penalty, and then a year later in 2008 adopted another resolution calling for a international postponement on capital punishment. In 2000 the General Assembly’s Resolution 55/89 created the Principles on the Effective Investigation of Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Aside from strictly UN bodies preventing torture, the World Organization Against Torture serves as the most important network of NGOs protecting human rights with the SOSTorture network under the OMCTT’s Prevention of Torture provides a guide on mechanisms to counter torture, as well as supplying UN committees with reports. Finally the Association for the Prevention of Torture promotes monitoring and transparency and ensures effectiveness of legal and policy framework, as all bodies an committees work and correlate alongside one another to achieve a fully encompassing plan and method for ridding all countries of torture. Despite these many steps taken, torture remains a prevalent issue as the international community struggles to find and then remove torture from nations. 7 UN Documents: Universal Declaration on Human Rights <http://www.un.org/en/documents/udhr/index.shtml> Human Rights Council Background Guide | SWCMUN 2011 International Covenant on Civil and Political Rights < http://www2.ohchr.org/english/law/ccpr.htm> Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment < http://www2.ohchr.org/english/law/cat.htm> Optional Protocol to the Convention against Torture < http://www2.ohchr.org/english/law/cat-one.htm> Resolution 36/151 < http://daccess-ddsny.un.org/doc/RESOLUTION/GEN/NR0/407/77/IMG/NR040777.pdf?OpenElement> Resolution 8/8 < http://ap.ohchr.org/Documents/E/HRC/resolutions/A_HRC_RES_8_8.pdf> General Assembly Resolution 62/149 (A/RES/62/149) <http://daccess-ddsny.un.org/doc/UNDOC/GEN/N07/472/71/PDF/N0747271.pdf?OpenElement> General Assembly Resolution 55/89 (A/RES/55/89) < http://daccess-ddsny.un.org/doc/UNDOC/GEN/N00/564/73/PDF/N0056473.pdf?OpenElement> 8 The Global Food Crisis A recent, significant challenge to food security arrived in 2008 when global food prices increased dramatically.7 Between December 2007 and June 2008, food prices rose by nearly 60 percent.8 Staple crops were particularly affected during this period; the price of both wheat and soybeans rose by 75 percent, while the price of rice rose by 177 percent.9 Significant gains that had been made in the fight against poverty and hunger were jeopardized, and an even greater burden was placed upon the world’s least developed countries.10 For instance, low-income food deficit countries in Africa saw their cereal import bill rise from $6.5 billion US in 2002-2003 to $14.6 billion US in 2007-2008.11 Before the rise in prices, it was estimated that 854 million people were already undernourished; that figure has since risen to well above one billion.12 While food prices have started to stabilize, the crisis is not over. Experts from FAO, the Organisation for Economic Co-operation and Development (OECD), and the US Department of Agriculture (USDA) predict that high prices will persist for most food crops through 2015.13 The United Nations Conference on Trade and Development (UNCTAD) emphasizes that the current food crisis did not arise only out of recent factors.14 Rather, the food crisis was “also the consequence of deep-rooted long-term trends arising from changing demographic and consumption patterns and years of system failures of development strategy on many fronts,” at both the national and international levels.15 Over the past two decades, demand for food has been rising in proportion with the general trends of population growth, rising income, and diet diversification.16 However, agricultural investment has declined. The percentage of public spending in developing countries devoted to agriculture fell by 50 percent between 1980 and 2004.17 Funding for farm credit, crop distribution, and reserve programs has been reduced or abolished.18 Simultaneously, agricultural investment by the governments of developed nations and by multilateral institutions has diminished.19 In 1980, the World Bank allocated $7.7 billion US to agricultural lending; in 2004, that amount was only $2 billion US.20 During the same period, the United States Agency for International Development (USAID) cut agricultural aid by 75 percent.21 Lowered agricultural investment has Human Rights Council Background Guide | SWCMUN 2011 Committee: United Nations Human Rights Council (UNHRC) Topic 3: Food Security and the Right to Food Introduction According to the Food and Agriculture Organization of the United Nations (FAO), “food security exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food which meets their dietary needs and food preferences for an active and healthy life.”1 Food provides the energy needed for physical activity, mental activity, and the maintenance of good health.2 Proper nutrition is therefore vital for human growth and development, especially in childhood, during which children require enough energy both to maintain their body systems and to grow.3 Presently, the world produces more than enough food for every nation to be food-secure and for every person to have the benefit of a healthy diet.4 Yet, in spite of ample supply, approximately one billion people are regularly unable to meet their daily caloric needs, while the diets of two billion lack vitamins or minerals that are essential to good health.5 Food security has been regarded as a significant concern since the mid-1990s; however, notwithstanding the world’s best efforts, hunger is on the rise.6 9 International Efforts Following the Bangladeshi famine of 1972, the first World Food Conference was convened by the General Assembly in November 1974 and “entrusted with developing ways and means whereby the international community, as a whole, could take specific action to resolve the world food problem within the broader context of development and international economic cooperation.”40 Attended by representatives from 135 states, the Conference adopted the Universal Declaration on the Eradication of Hunger and Malnutrition, as well as twenty Human Rights Council Background Guide | SWCMUN 2011 “eroded” the ability of developing countries to maintain agricultural production.”22 In India, for example, the production of cereals has fallen by 17 kilograms per capita over the past ten years.23 Demographic demand for food continues to rise while harvests continue to wane, resulting in higher prices and a supply-and-demand imbalance that will be rectified only through long-term strategies.24 Prices have also been distorted by speculation and export restraints. In an increasingly globalized world, food prices have become interdependent upon other economic trends. Following the collapse of the US subprime market in 2007, speculators looked amid market volatility to invest in assets with rising prices.25 A general shift in portfolios toward food assets has only “[fed] the price rise spiral.”26 Meanwhile, a further reduction in food supply has followed from hoarding within nations in conjunction with bans or tariffs on exports.27 While nations have employed such protectionist tactics to address local needs, they have regrettably contributed to the distortion of markets on a greater scale. In general, high energy prices have raised the cost of food production, and ultimately the cost of food, by increasing the costs of agricultural inputs.28 But the relatively new food versus fuel debate is adding another dimension to a growing association between food and energy, as high energy prices have also increased demand for biofuels.29 The use of inputs such as corn, sugar, and vegetable oils for biofuel production has the immediate effect of reducing food supply, resulting in higher prices.30 Also of note is that almost all biofuels are produced from materials that could also be used as human food or livestock feed; biofuel opponents argue that these materials “should be used to feed people rather than fuel vehicles.”31 Outside of the realm of purely human influence, natural causes are also contributing to world hunger. Land degradation, whether through erosion or chemical and physical changes to soil, is the environmental issue that stands to have the greatest impact upon future food production.32 Scientists are currently debating the potential effects of global warming upon agriculture.33 If sea levels continue to rise, agricultural land in coastal areas may become flooded; changing weather patterns may also influence average crop yields worldwide.34 Natural disasters appear to be increasing in frequency.35 Drought has become the single most common cause of food shortages worldwide, and has been particularly harmful for such countries as Ethiopia. 36 Most recently, the world has witnessed a catastrophe in Pakistan. Beginning in late July 2010, severe monsoon rains precipitated a sequence of floods that have continued to devastate the country.37 Prior to the disaster, Pakistan was considered food-secure, but the floods “have caused the most colossal wipeout of a national food system in recent history.”38 One million hectares of agricultural land have been lost, and countless livestock and poultry have drowned.39 Regaining food security will doubtlessly be an extraordinary challenge to long-term recovery, which cannot truly begin until the floodwaters have subsided. 10 Food as an International Human Right A human rights-based perspective of food security holds that all people have the right to the satisfaction of their basic needs. Governments are responsible for fulfilling this right and they are accountable to their citizens, who actively participate in the process of human Human Rights Council Background Guide | SWCMUN 2011 resolutions on diverse topics.41 Numerous international conferences have since been held, including the 1996 World Food Summit, which saw the adoption of the Rome Declaration on World Food Security and the World Food Summit Plan of Action, and the 2002 World Food Summit, at which states reevaluated and renewed their commitment to the goals established in 1996.42 Among these goals was a pledge to halve the number of the world’s undernourished people by 2015, which was later reiterated through the first of eight Millennium Development Goals (MDGs) in 2000.43 Most recently, during the 2009 World Summit on Food Security, world leaders unanimously adopted a declaration that refocuses their endeavour towards achieving food security upon five principles.44 The Five Rome Principles for Sustainable Global Food Security encompass investment in country-owned plans; better strategic coordination; a comprehensive approach to food security that incorporates both short- and long- term strategies; the sustained involvement of the multilateral system; and the continued dedication of all partners to agriculture, food security, and nutrition.45 Within the structure of the United Nations, the World Food Programme (WFP) is one of the most important initiatives that seeks to eliminate food insecurity. As the largest humanitarian agency devoted to fighting global hunger, WFP prioritises ensuring food security during and shortly after times of emergency, while also providing general assistance to food-insecure countries.46 It aims to increase selfsufficiency at the national level and to support long-term solutions to global hunger.47 Armed with a similar mandate but with different tools, FAO operates as a forum for nations to meet and to discuss policy.48 It also contributes legal, technical and educational expertise to supplement food security projects on the ground.49 In response to the current global food crisis, the United Nations Chief Executives Board established the High-Level Task Force on the Global Food Security Crisis (HLTF) in April 2008.50 Chaired by the Secretary-General, HLTF meets every two months and unites the leadership of UN specialized agencies, funds and programmes with representatives from the UN Secretariat, the World Bank, the International Monetary Fund (IMF), OECD, and the World Trade Organization (WTO).51 In 2008, HLTF published a Comprehensive Framework for Action (CFA), which comprises two sets of actions to tackle the global food crisis.52 The first set of actions addresses “the immediate needs of vulnerable populations.”53 It includes the improvement of emergency food assistance, nutrition interventions and safety nets; the bolstered support of smallholder farmer food production; the adjustment of trade and tax policy; and the management of macroeconomic implications such as inflation.54 The second set of actions “builds resilience and contributes to global food and nutrition security.”55 It includes the expansion of social protection systems, the sustainment of smallholder farmer food production growth, the improvement of international food markets, and the development of an international biofuel consensus.56 Further, the CFA also aims to strengthen systems for gathering information and monitoring the progress associated with the actions it has recommended.57 11 Previous Actions of the Human Rights Council (HRC) Since its inception, HRC has continuously advocated for the understanding of food as a human right, and through its resolutions, it has called upon UN Member States to fulfil their responsibility of guaranteeing that right to their respective citizens.68 As a body designed to promote and address violations of human rights, HRC also has the ability to employ special procedures to monitor human rights situations within specific nations or globally.69 In April 2000, the United Nations Commission on Human Rights (UNCHR) adopted Resolution 2000/10, which appointed a Special Rapporteur on the right to food.70 The Special Rapporteur’s mandate was initially intended to last three years, but it was later extended by both UNCHR and subsequently by HRC.71 The role of the Special Rapporteur is largely one of promotion, research, and reporting to HRC and the United Nations General Assembly.72 Recent reports have examined the impact of trade negotiations at the WTO upon the right to food, the impact of intellectual property rights upon the right to food, and the contribution of the private sector to the advancement of the right to food.73 The current Special Rapporteur, Olivier De Schutter, Human Rights Council Background Guide | SWCMUN 2011 development, rather than being relegated to passivity.58 As a basic need, food constitutes a fundamental human right that has been firmly established in international law. 59 As with other human rights, states have an “obligation to respect, protect and fulfil (meaning to facilitate and — as a matter of last recourse — provide for) the progressive realisation of . . . the right to adequate food.”60 Article 25 of the 1948 Universal Declaration of Human Rights contains the most basic stipulation, stating that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”61 The right to food was later reaffirmed in different forms, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.”62 The 160 states that have ratified the Covenant also agreed to take the requisite measures to improve the means by which food is produced, conserved, and distributed, with a specific goal of ensuring a distribution system that is both equitable and reflective of need.63 The Universal Declaration on the Eradication of Hunger and Malnutrition, adopted by the World Food Conference in 1974 and ratified by 192 states, again reiterates the right to food: “Every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties.”64 It acknowledges that society already has the resources, organization, and technology needed to guarantee this right, and it explicitly reaffirms the duty of all states, especially developed states, to work toward the eradication of hunger.65 The right to food has also been established for specific groups of individuals. It is included in the 1951 Convention relating to the Status of Refugees, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1989 Convention on the Rights of the Child, the 2006 Convention on the Rights of Persons with Disabilities, and the 2007 Declaration on the Rights of Indigenous Peoples.66 Further, the 1949 Geneva Conventions also ensure the right to food for individuals involved in warfare or other armed conflict.67 12 Case Study: Cuba Due to its overwhelming magnitude, the global food crisis may appear difficult to address and nearly impossible to resolve. However, the successful resolution of Cuba’s domestic food crisis during the 1990s readily promises the possibility of a brighter future for the world’s presently food-insecure nations. Prior to 1989, the Cuban agricultural system had been highly industrialized, in accordance with the communist ideology of industrialization that purported to liberate farmers from the menial nature of manual labour and to produce an ample supply of inexpensive food.75 As a country without substantial reserves of oil, Cuba necessarily conformed with “a model of externally assisted agricultural modernization,” importing a wide variety of essentials such as petrol, machinery, chemical fertilizers and pesticides from other socialist countries.76 In return, it exported goods and resources including sugarcane, tobacco and fruits at highly inflated prices.77 This arrangement pushed Cuba far from agricultural selfsufficiency; in 1988, it imported 90 percent of fertilizers and pesticides, along with 57 percent of food needs and 80 percent of its machinery and spare parts.78 In the wake of the disintegration of the Soviet Bloc in 1989 and the subsequent tightening of the American embargo, Cuba was confronted with a serious economic and agricultural crisis.79 Having lost its major trade partners, Cuba saw its GNP fall from $19.3 billion US to $10.0 billion US between 1989 and 1993.80 On the world market, Cuban goods sold for only a fraction of what Soviet allies had paid.81 Even more troubling was the loss of inputs upon which the Cuban agricultural system depended. Cuba was suddenly faced with a 53 percent reduction in imports of oil, a 50 percent reduction in imports of grain, and a 70 percent reduction in availability of fertilizers and pesticides.82 Industries closed and agricultural production plummeted, resulting in a critical food shortage. It is estimated that in the early 1990s, average daily caloric and protein intake by the Cuban population was as much as 30 percent below that of the 1980s.83 Swiftly, the Cuban government took action, declaring the beginning of an emergency “Special Period in Peace Time” in 1990 as the country struggled to find alternatives to a defunct system.84 Slowly, Cuba worked toward a self-sufficient and sustainable agricultural model.85 Local and largely biological substitutes were found for the chemical inputs — pesticides, herbicides, and fertilizers — to which Cuba no longer had access.86 Animals were used in place of machinery.87 As an incentive for farmers, the government abolished many state farms in favour of collective ownership, or rent-free lease, by workers themselves; anything that a collective produced beyond a state established quota could be sold for profit at farmers markets.88 Additionally, prompted by higher prices for produce due to limited supply, as well as a state decree that all unused urban land be cultivated, Cuban farmers began an urban agricultural movement.89 With strong government support, urban agriculture “exploded to near epic proportions,” helping urban families to achieve food security through the proliferation of food crops, farm animals and produce stands throughout Cuban cities.90 By the late 1990s, though the nation continued to experience occasional shortages of certain food items, the Cuban food crisis was over.91 Cuba’s success at the domestic level certainly offers a myriad of suggestions for strategies that may prove effective either within other Human Rights Council Background Guide | SWCMUN 2011 has dedicated much of his attention to the extent to which national and international responses to the global food crisis have incorporated the right to food.74 13 Conclusion The current global food regime assumes that food insecurity is an economic problem that will be solved by policies of an economic nature. The prevailing notion is that “economic growth, via market mechanisms, provides the most suitable solution for curbing poverty and achieving food security.”97 However, the coexistence of both food abundance and widespread hunger suggests that “a purely market-based approach to food security” has fallen short of creating “a just global food system.”98 Indeed, the food price crisis of 2008 confirmed the existence of fundamental problems within the world’s food systems, which Secretary-General Ban Ki-moon described as “dysfunctional” for having “fail[ed] too many people and many of our most vulnerable nations.”99 As hunger persists, new measures must be taken to address the faults inherent to extant structures for food production and distribution. To an extent, Cuba’s example advances a framework for an alternative food system paradigm.100 Is this paradigm feasible for other countries? Are there further alternatives that could be effective on a global scale? World leaders have frequently promised to achieve global food security, but the number of people affected by hunger continues to grow. How effective have the efforts of the international community been? How can they be improved? What contributions can HRC make? What can be done to ensure the completion of the first MDG by 2015? Is the CFA, in conjunction with the Five Rome Principles, the most efficient route to food security? Delegates should also examine the state of food security in their own countries, asking themselves: does my state produce enough food for all its people? Does it have shortages? If so, how are they addressed, and could they be better addressed? Does my state have surpluses of food? If so, how could those surpluses be better used for the world at large? How has my state contributed to achieving global food security? Have international agencies intervened to improve food security within my state? Is my state a producer of biofuels? Does my state have a stance on the food-fuel debate? In considering these and other questions, it is important to recall that HRC’s work towards food security is founded upon the concept of food as a human right. The progressive realization of the right to food is a critical component of HRC’s fight to realize all human rights for every person, and it represents part of a broader goal that should not be forgotten despite the turmoil of the present day. Human Rights Council Background Guide | SWCMUN 2011 countries or on a global scale, including organic farming techniques, fair prices for produce, redistribution of land, and an emphasis on local production.92 Cuba also demonstrates the commendable results of approaches to development that actively consider human rights. Throughout the crisis, the Cuban government adhered to the principle that “everybody eats” — for instance, milk in short supply would go to children, and never to the production of products such as butter or cheese.93 Further, the health of all Cubans was a prime concern, and it became a motivator towards ecological agriculture and pest management methods.94 Perhaps most significantly, Cuba confirms that the Millennium Development Goal to halve the proportion of the hungry by 2015 is not unattainable.95 It is a target that can surely be reached “by a firm political commitment to prioritize basic food rights and a semi-regulatory market approach.”96 14 Human Rights Council Background Guide | SWCMUN 2011 1 High-Level Task Force on the Global Food Security Crisis, Progress report: Synopsis, 2009. 2 FAO, Trade reforms and food security: Conceptualizing the linkages, 2003, p. 29. 3 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 29. 4 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 28. 5 Bassett and Winter-Nelson, The atlas of world hunger, 2010, p. 1. 6 Bassett and Winter-Nelson, The atlas of world hunger, 2010, p. 1. 7 FAO, Trade reforms and food security: Conceptualizing the linkages, 2003, p. 27. 8 United Nations, Global food security crisis: Background, 2009. 9 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 85. 10 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 85. 11 United Nations, Global food security crisis: Background, 2009. 12 UNCTAD, Addressing the global food crisis, 2008, p. 5. 13 United Nations, Global food security crisis: Background, 2009. 14 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 13. 15 UNCTAD, Addressing the global food crisis, 2008, p. 6. 16 UNCTAD, Addressing the global food crisis, 2008, p. 6. 17 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. 1. 18 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 20. 19 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 21. 20 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 21. 21 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 21. 22 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 21. 23 Clapp and Cohen, The global food crisis: Governance challenges and opportunities, 2009, p. 21. 24 UNCTAD, Addressing the global food crisis, 2008, p. 6-7. 25 UNCTAD, Addressing the global food crisis, 2008, p. 7. 26 UNCTAD, Addressing the global food crisis, 2008, p. 7. 27 UNCTAD, Addressing the global food crisis, 2008, p. 7. 28 UNCTAD, Addressing the global food crisis, 2008, p. 7. 29 UNCTAD, Addressing the global food crisis, 2008, p. 8. 30 UNCTAD, Addressing the global food crisis, 2008, p. 8. 15 Human Rights Council Background Guide | SWCMUN 2011 31 Westhoff, The economics of food: How feeding and fueling the planet affects food prices, 2010, p. 11. 32 Westhoff, The economics of food: How feeding and fueling the planet affects food prices, 2010, p. 9, 33. 33 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 181. 34 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 189. 35 Leathers and Foster, The world food problem: Toward ending undernutrition in the Third World, 2009, p. 189. 36 United Nations World Food Programme, WFP – Fighting Hunger Worldwide, 2010. 37 United Nations World Food Programme, WFP – Fighting Hunger Worldwide, 2010. 38 Leeder, Flood-hit Pakistan struggles to rebuild its food system from scratch, 2010. 39 Leeder, Flood-hit Pakistan struggles to rebuild its food system from scratch, 2010. 40 Leeder, Flood-hit Pakistan struggles to rebuild its food system from scratch, 2010. 41 World Food Conference, Report of the World Food Conference, 1974, p. 2. 42 World Food Conference, Report of the World Food Conference, 1974, p. 2, 5, 8. 43 United Nations, Key Conference Outcomes in Food, 2010. 44 United Nations, Millennium Development Goals, 2010. 45 World Summit on Food Security, Declaration of the World Summit on Food Security, 2009. 46 World Summit on Food Security, Declaration of the World Summit on Food Security, 2009. 47 United Nations World Food Programme, WFP – Fighting Hunger Worldwide, 2010. 48 United Nations World Food Programme, WFP – Fighting Hunger Worldwide, 2010. 49 Food and Agriculture Organization of the United Nations, FAO Home, 2010. 50 Food and Agriculture Organization of the United Nations, FAO Home, 2010. 51 United Nations, Global Food Security Crisis: Background, 2009. 52 United Nations, Global Food Security Crisis: Background, 2009. 53 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. ix. 54 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. ix. 55 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. 5. 56 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. ix. 57 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. 5. 58 High-Level Task Force on the Global Food Security Crisis, Comprehensive Framework for Action, 2008, p. 5. 59 FAO, The right to food guidelines: Information papers and case studies, 2006, p. 157. 61 FAO, The right to food guidelines: Information papers and case studies, 2006, p. 156. 62 FAO, The right to food guidelines: Information papers and case studies, 2006, p. 156. 63 United Nations General Assembly, The Universal Declaration of Human Rights (A/RES/3/217 A), 1948. 16 Human Rights Council Background Guide | SWCMUN 2011 64 Office of the United Nations High Commissioner for Human Rights, International Standards, 2007. 65 Office of the United Nations High Commissioner for Human Rights, International Standards, 2007. 66 World Food Conference, Report of the World Food Conference, 1974, p. 6. 67 World Food Conference, Report of the World Food Conference, 1974, p. 6. 68 Office of the United Nations High Commissioner for Human Rights, International Standards, 2007. 69 Office of the United Nations High Commissioner for Human Rights, International Standards, 2007. 70 Office of the United Nations High Commissioner for Human Rights, Special Rapporteur on the right to food, 2007. 71Commission on Human Rights, The right to food (E/CN.4/RES/2000/10), 2000. 72 Office of the United Nations High Commissioner for Human Rights, Special Rapporteur on the right to food, 2007. 73 Commission on Human Rights, The right to food (E/CN.4/RES/2000/10), 2000. 74 Office of the United Nations High Commissioner for Human Rights, Special Rapporteur on the right to food, 2007. 75 Office of the United Nations High Commissioner for Human Rights, Special Rapporteur on the right to food, 2007. 76 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 3. 77 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 4. 78 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 5. 79 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. 91-92. 80 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvi. 81 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvii. 82 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvii. 83 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xviii. 84 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xviii. 85 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xviii. 86 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xix. 87 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. 278. 17 Information in this background guide was compiled using HRC background guides at the National Model UN (NMUN) Conference, Cerritos High School Model UN Conference, and Surf City MUN. Human Rights Council Background Guide | SWCMUN 2011 88 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. 279. 89 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 239. 90 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 239. 91 Schanbacher, The politics of food: The global conflict between food security and food sovereignty, 2010, p. viii. 92 Schanbacher, The politics of food: The global conflict between food security and food sovereignty, 2010, p. viii. 93 High-Level Task Force on the Global Food Security Crisis, Progress Report: Synopsis, 2009. 94 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xviii. 95 Wright, Sustainable agriculture and food security in an era of oil scarcity: Lessons from Cuba, 2009, p. 5. 96 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. 91-92. 97 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvi. 98 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvii. 99 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xvii. 100 Funes et al., Sustainable agriculture and resistance: Transforming food production in Cuba, 2002, p. xviii. 18