SAINT IGNATIUS COLLEGE PREP SIMUN XIV Saint Ignatius Model United Nations Chicago, IL – November 8th, 2015 Universal Declaration of Human Rights Topic Background Guide A Letter From Your Chair Dear Delegates, Hello, my name is Julia Downey. I am a senior here at Saint Ignatius, a member of the SIMUN executive board, and your chair for SIMUN XIV. Last year I chaired the African Union committee and had a lot of fun and I hope this committee will be amazing as well. Even though it is my seconded year chairing a committee, I am not a perfect chair. So, I hope everyone will be supportive and bear with the Dias and I if we run into any issues. Since SIMUN XIV is a training conference their will also be many delegates in our committee who are experiencing their first model UN experience and may be a little lost. If this will be your first committee ever, do not worry! Model UN is something you can only learn by experience and if you pay attention to other more experienced delegates and participate actively in the committee you will be a pro in no time. However, if you are an experienced delegate, try to help out people around you if they are confused about political procedure. The Dias and I will be available at any time if you are confused or need clarification. If you send a note up to us or come up during an un-moderated caucus we will do our best to help you. Any delegates can also email me with any questions prior to the conference regarding how the conference will run or position papers. The Universal Declaration of Human Rights Committee will be structured uniquely. No resolutions will be passed in committee; instead, delegates will draft directives, friendly amendments, and non-friendly amendments to amend the Cassin draft of the declaration. Then, at the end of the committee, we will hopefully pass a final draft of the declaration. I will provide some links for those of you who are unfamiliar with directives and amendments. I would suggest printing out some examples to look off of when you write your own in committee. Also, if we do finish our first topic with enough time to move onto the second topic, we will be writing resolutions. You will also be required to turn in a position paper at the start of committee. Position papers should be at least one page single-spaced with a work cited for each topic. These papers should out line your countries position on the topic and how you plan on solving it. Again, if you have any questions email me at julia.downey@students.ignatius.org. I wish you all the best of luck! Dear delegates, Welcome to SIMUN XIV! My name is Savita Gupta and I am a junior here at SICP. Less than two years ago, the very concept of Model UN was a completely foreign idea. My real participation in the SIMUN began last year, with my first conference at LYMUN, and has since then culminated with my first award in SIMUN's most recent international jaunt to Alkmar, the Netherlands. All to say, I am thrilled to be working with all of you this year as your political officer. SIMUN XIV. Please do not hesitate to contact the Dias or I with any questions you might have, and I look forward to working with all of you. Regards-Savita Gupta savita.gupta@students.ignatius.org Some Helpful Links: For writing position papers: http://www.unausa.org/global-classrooms-model-un/how-toparticipate/model-un-preparation/position-papers/sample-position-paper For friendly and unfriendly amendments: http://www.unausa.org/global-classroomsmodel-un/how-to-participate/model-un-preparation/resolutions/friendly-and-unfriendlyamendments For writing directives (see page 17): http://www.stamun.org/munguide.pdf For writing resolutions: http://www.unausa.org/global-classrooms-model-un/how-toparticipate/model-un-preparation/resolutions and http://www.unausa.org/globalclassrooms-model-un/how-to-participate/model-un-preparation/resolutions/sampleresolution Topic One The Cassin Draft The Universal Declaration of Human Rights took over a year to draft and the final product was the combination of various drafts and amendments by countries. One of the most famous drafts of this declaration was the draft written by René Samuel Cassin of France. Cassin was a jurist, humanitarian, and internationalist as well as one of the world’s foremost advocates of the legal and moral recognition of the rights of man. Cassin’s draft was the second draft of the declaration, which introduced the underlying structure of the Universal Declaration of human rights. He worked from a first draft that was prepared by John Peters Humphrey. The structure Cassin used for his draft was heavily influenced by the Code Napolean, including a preamble and introductory general principles. Cassin compared the Declaration to the portico, or entrance of a building, of a Greek temple, with a foundation, steps, four columns and a pediment. Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood. The steps represent the seven paragraphs of the preamble, setting out the reasons for the Declaration. The main body of the Declaration forms the four columns. The first column (articles 3-11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12-17) constitutes the rights of the individual in civil and political society. The third column (articles 18-21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association. The fourth column (articles 22-27) sets out social, economic and cultural rights. Finally, in Cassin’s model, the last three articles of the Declaration provide the pediment, which binds the “structure” together. These last articles are concerned with the duty of the individual to society and the prohibition of the use of rights in contravention of the purposes of the United Nations. Then the Cassin draft was submitted to the Commission on Human Rights and was to undergo editing in the Commission before the further drafts could be considered by the Third Committee of the United Nations. The draft was finally set before the General Assembly of the United Nations to be discussed and edited. This is where our committee will pick up; you as delegates will be required to debate the articles and principles of the draft, edit the draft with directives, and subsequently pass a final declaration. Many controversies arose while writing the Universal Declaration of Human Rights. The first major controversy related to the very origin of human rights, the discussion between the supporters of the concepts of natural rights and positive rights. Natural rights are rights bestowed by God and nature. These rights are not contingent upon the laws, customs, or beliefs of any particular culture or government, and are therefore universal and inalienable. Natural rights are considered beyond the authority of any government or international body to dismiss. Positive rights are the polar opposite of natural rights and are rights, which humans acquire as a result of a rational agreement. The “positive” in positive rights refers to the fact that to satisfy these rights, other people must provide them. They require actions from others, instead of inaction. Also, positive rights or positive liberty is enhanced by the ability of citizens to participate in their government and have their voice, interests and concerns recognized as valid and acted upon. The second controversy was between the positions of the Marxist theory of the Soviet Bloc and the liberal theory of the Western World. In philosophical aspect, the Soviet Bloc criticized the individualist stance of the issue, arguing on favor of the collectivism approach, where the rights of the collective dominate that of an individual. In political aspect, the Soviet Union and its satellites, facing the mounting accusations in the violation of the human rights argued that the declaration is a mere formality if it did not consider the warranties of the economical and social rights. A third controversy surfaced while debating the legal status of the declaration. A majority of countries active in writing the Universal Declaration considered the document to be mainly of moral character. Meaning that countries and governments were just to look at the declaration as a guideline for operating justly. In this case, The United Nations would not be able to actively enforce the document. At the same time, some participants argued in favor of adding certain legal aspects in terms of international law. This would allow the document to be enforced if countries did not uphold the morals and rights provided by the declaration. Questions to Consider: Should the Universal Declaration of Human Rights be based off of natural rights or positive rights? Does your policy align with the liberal theory of the Western World or the Marxist theory of the Soviet Bloc? Should the Universal Declaration be considered a document of mainly moral character or should have legal aspects in terms of international law? Helpful Links: http://research.un.org/en/undhr/draftingcommittee http://www.un.org/en/documents/udhr/ I would suggest printing this document out and bringing it with you to committee: http://www.un.org/en/ga/search/view_doc.asp?symbol=E/CN.4/95 https://davegj13.wordpress.com/2010/06/12/natural-law-vs-positive-law/ Topic Two Measures for Implementation Once the Universal Declaration of Human Rights is passed, the United Nations must develop resolutions to ensure the Universal Declaration is observed and implemented. The Declaration was the result of the experience of the Second World War. With the creation of this document the international community is vowing to never again allow atrocities like those of conflict happen again. The world should never again have to experience a holocaust like the one conducted by Nazi Germany or a war resulting over 60 million casualties. However, the trouble is making sure the world continues to follow the Universal Declaration of Human rights years and decades after it was written. The Universal Declaration on the Human Genome and Human Rights sets forth the basic principles bearing on research in genetics and biology and the application of its results. In order to guarantee the application of these principles, the Declaration recommends that they be made known, disseminated and given shape as measures, especially in the form of legislation or regulations. The Declaration also specifies the measures that Member States should take for its application. The implementation of the Declaration is all the more urgent since scientific progress in genetics and biology is accelerating and both giving humankind hope and creating ethical dilemmas. The measures for implementation will also depend on how the declaration is written. While writing the declaration, the committee will be tasked with deciding whether or not the Universal Declaration should be considered a document of mainly moral character or should have legal aspects in terms of international law. This decision will greatly change how the committee will enforce the declaration. So, when writing your position papers and deciding your strategy for committee, keep in mind the link between the two topics. Also, how you will tackle each based on how the committee votes. Questions to Consider: Should the Universal Declaration be considered a document of mainly moral character or should have legal aspects in terms of international law? What should your country do in particular to implement the Universal Declaration of Human Rights? Should particular measures be set country-to-country or world wide? Helpful Links: http://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx http://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part-5/8_udhr-abbr.htm http://legal.un.org/avl/ha/udhr/udhr.html Works Cited "Declaration on Human Rights Defenders." Declaration on Human Rights Defenders. N.p., n.d. Web. 19 July 2015. General Services Administration. Eleanor Roosevelt and United Nations Universal Declaration of Human Rights. Digital image. The National Archives Catalog. N.p., n.d. Web. 19 July 2015. "Natural Law vs. Positive Law." Uncommon Sense. N.p., 12 June 2010. Web. 19 July 2015. "Photo Stories: 60th Anniversary of Human Rights." UN News Centre. United Nations, n.d. Web. 19 July 2015. "Positive Rights." Positive Rights. N.p., n.d. Web. 19 July 2015. "René Cassin - Biographical." René Cassin - Biographical. N.p., n.d. Web. 19 July 2015. "United Nations Audiovisual Library of International Law." United Nations Audiovisual Library of International Law. N.p., n.d. Web. 19 July 2015. "United Nations Official Document." UN News Center. UN, n.d. Web. 19 July 2015. "United Nations, Universal Declaration of Human Rights, History: United for Human Rights." United Nations, Universal Declaration of Human Rights, History: United for Human Rights. N.p., n.d. Web. 09 June 2015. "Universal Declaration of Human Rights, 1948." Humanium Together for Childrens Rights. N.p., n.d. Web. 19 July 2015. "Universal Declaration of Human Rights." SpringerReference (2011): n. pag. Web. 9 June 2015. "The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights." UN News Center. UN, n.d. Web. 09 June 2015. "Universal Declaration on the Human Genome and Human Rights 11 November 1997." Standard-Setting at UNESCO Conventions, Recommendations, Declarations and Charters Adopted by UNESCO (1948 - 2006), Volume II (2007): 696-702. Web.