MSMUN XXXV

Human Rights Council

Background InformationChair: Ellie Davis

Note from the Chair:Hey y’all,

I’m Ellie Davis and I’ll be your chair for the Human Rights Council. I’m from Nashville, Tennessee, and a senior majoring in International Stud-ies and minoring in Art History. This is m

y second year doing Model UN and MSMUN. Fun fact, when I was seven I had the misfortune of falling on a cactus.

Description of the Committee:

Topic 1: Rights of Indigenous Peoples

Also known as Tribal, First, and Native Peoples, Indigenous Peoples account for approxi-

mately 5% of the world population. However, they make up a larger percentage of the impover-

ished population of the world, 15%. The global cultural diversity is mostly contingent on these

Peoples existence comprising 90% of it. They inhabit areas all over the world totaling in about

5,000 groups, but the majority reside in Asia. A few examples of such groups are the Inuit, Maa-

sai, and Native Americans. Usually, their populations are small in number and have their own

language. Traditions are unique and highly important in their societies.

A characteristic of even further significance of Indigenous Peoples is their deep rooted

ties to their territory of which they maintain 20% of the global land mass. In fact, 80% of the bio-

diversity on earth that is still intact exists in that land. They depend on the land for survival and

to provide for their needs. Therefore, they are motivated to protect and conserve the environ-

ment. This is particularly difficult with the intrusion of resource extraction such as mining, oil-

ing, logging, among others. Indigenous Peoples do their best to prevent these impositions but are

all too often overlooked with their needs neglected.

Their marginalization both economically and politically has spurred a human rights

movement to advocate for better treatment of these Peoples. The General Assembly of the

United Nations adopted the Declaration of the Rights of Indigenous Peoples in 2007 which rec-

ognizes that Indigenous Peoples are equal to other people and as such should not be discrimi-

nated against. Additionally, it confirms that Indigenous Peoples have the right to self-determina-

tion granting them self-governance. These are just a couple of the points brought forth by the res-

olution as the issue is a complex one, but these particular points cover two issues that are not al-

ways respected by the rest of the world: the same human rights that people are guaranteed under

the Universal Declaration of Human Rights also apply to Indigenous Peoples, and Indigenous

Peoples have the right of self-determination and sovereignty. So, governments should respect

this as they would other sovereign territories.

One example of a success story of a government working with and consulting Indige-

nous Peoples is the Bolivian government and the Guarani people. The Guarani rely on the natural

world to survive and primarily hunt, fish, and harvest various crops such as maize, peanuts,

beans, and pumpkins. They are the third largest indigenous group in Bolivia. In 2005, ratified in

2007, the Hydrocarbons Law was passed which mandates that when dealing with oil and gas ex-

ploration, Indigenous Peoples are to be included in a process known as “Consultation and Partic-

ipation.” This was put to the test later in 2007 when Total E&P Bolivie sought to explore these

resources in the Ipati Block, inhabited by Guarani and other farmers. All groups had representa-

tion during the consultation, and any potential impacts to the land and people were addressed. It

was decided that Total E&P Bolivie would compensate the Indigenous Peoples for negative im-

pact. Furthermore, Guarani made up more than half of the community relations staff created and

several others were hired as environmental monitors. This project relied on communication to

solve a very crucial issue that is so prevalent in the world today of ignoring Indigenous Peoples

in the quest for abundance.

Questions to Consider:

i. What type of relationship and background do Indigenous Peoples have with the government/other citizens in your country? How can this relationship be improved?

ii. Does your country have any serious problems due to alienating indigenous populations? If so, how might this be corrected?

iii. How can Indigenous Peoples’ rights be better respected? How can new or existing laws be more effectively implemented to ensure this?

Sources:

http://www.culturalsurvival.org/who-are-indigenous-peoples

http://www.firstpeoples.org/who-are-indigenous-peoples

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

http://www.ipieca.org/topic/social-responsibility/indigenous-peoples#ti29831

Topic 2: Human Trafficking

To some extent, almost every country across the globe experiences the impacts of human

trafficking. The region may be the origin, destination, or a stop or checkpoint during the trans-

port creating a global effect. The United Nations uses phrases such as abduction, coercion, trans-

porting, and exploitation to describe the meaning and process of human trafficking. The purpose

of and therefore exploitive nature of human trafficking is to force the victim into labor, slavery,

prostitution, or to harvest and sell their organs. The Polaris Project succinctly identifies it as, “a

form of modern slavery where people profit from the control and exploitation of others.”

The criminality of the practice applies therefore to acts of a wider range than just those

pertaining to a sexual nature. Additionally, people of all types of demographics are victimized,

not solely women and children, hence it is a criminal offense to traffic men as well. Victims have

different backgrounds of socio-economics and education, ethnicity, and can be documented or

undocumented. Although there are many different types of vulnerabilities that lure the advances

of traffickers, higher vulnerabilities include homeless youth, victims of domestic violence, sexual

assault, war, and social discrimination.

Another characteristic of note is that trafficking is associated with organized crime, but

not exclusively so. These criminal groups can utilize the profits that are reaped to heavily finance

terrorist acts and gang violence. Human trafficking is such a lucrative and wide-spread operation

because of its high profit and low risk factors propelled by the global supply and demand. Often

times, traffickers victimize those with similar national or cultural backgrounds so that they may

be able to exploit them more effectively. Victims may even be lured with a promise of a worth-

while job, opportunity, or even relationship. Although transnational trafficking is more common,

it can also occur within the confines of a single country’s border. Evidently, there are many vari-

ations to the formula that amounts to human trafficking so there needs to be several solutions to

target and solve the problem.

The resolution adopted by the General Assembly in 2000, The United Nations Conven-

tion against Transnational Organized Crime, is the UN’s primary tactic in helping victims and di-

minishing the existence of human trafficking as well as other various types of crime. There are

three protocols that make up this procedure: the Protocol to Prevent, Suppress and Punish Traf-

ficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Mi-

grants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of Trafficking in

Firearms, their Parts and Components and Ammunition. Focusing mainly on the first protocol,

which applies most directly to the broad sense of human trafficking, it is significant to note that it

has a clear agreed upon definition of trafficking persons and it is the first worldwide legally bind-

ing device with said comprehensive definition. This helps to streamline and make more efficient

the processes of investigating and prosecuting in trafficking cases on an international level. Ad-

ditionally, this mandate aids victims in accordance to their basic rights. These steps that the

United Nations has initiated and enacted are all important to the fight against human trafficking,

but effectiveness depends on efforts becoming more widespread which can only be accomplished

through international cooperation.

Prevention, protection, and prosecution are all broad steps that are enacted around the

world to combat human trafficking. However, there is still much to be done to further eliminate

the heinous crime that victimizes a wide variety of people whose one common characteristic is

their deprivation of freedom.

Questions to Consider:

i. How severe is human trafficking in your country? Does your country harbor more traffickers or victims? This can be an important distinction as it may indicate how best to attack the prob-lem

ii. What could be some solutions to deter traffickers so as to decrease their rate of success in their deceptions, abductions, and transportations?

iii. What are some ways victims can be protected? How might occurrences be prevented at all?

Sources:

https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html

https://www.unodc.org/unodc/en/treaties/CTOC/index.html

http://www.polarisproject.org/human-trafficking/overview

https://www.unodc.org/unodc/en/treaties/CTOC/index.html

Topic 3: Rights of Migrant Workers

There are about 232 million migrants globally of which workers make up about half. A

migrant worker travels to different places for the purpose of finding work. Seasonal work like the

harvesting of crops is an especially common task delegated to such workers. For example, one to

three million migrant workers travel to the United States to assist in the planting and harvesting

of crops each year. Most migrant farm workers are fairly young, (usually about 30 years old)

many of whom are originally from Central America. Some come with families while others leave

theirs behind and send income home. They are forced to make great sacrifices in order to make

strides toward what they hope will be a better future.

The rising demand of migrant workers is connected to the rapid growth of economic

globalization. This demand is particularly high for unskilled laborers in developed countries.

These migrants are granted minimal social protection in their new residencies. Consequently, un-

skilled laborers, more so than skilled laborers, are at risk of exploitation, even human trafficking.

Although illegal migration is not condoned, all migrant workers should be afforded basic human

rights and protections in a manner that is equal to that of citizens of the host country as stated by

the contents stemming from the International Migration Convention. Rights such as due process,

right to privacy, and right to information (regarding their rights, duties, etc.) are all such rights

that are due to migrant workers.

As far as undocumented workers go, the Convention asserts that this type of illegal

movement, including misinformation and organizations that may contribute to the movement of

undocumented migrants, should be eliminated. However, in spite of actions being taken to com-

bat and eradicate migrants crossing borders illegally, such undocumented workers are still enti-

tled to basic rights.

Not only is the demand high for migrant workers, but the supply is high as well. This can

be attributed to issues in the worker’s home country that may compel them to seek a life else-

where. These problems may include, but are not limited to, political or economic instability and

few employment opportunities. Developed countries are keen to hire migrant workers because of

their willingness to accept lower wages. Though the influx of migrants can cause hostilities

among natives, they are regardless being hired. However, they are not necessarily being accorded

with the benefits of the native citizens. This is problematic because whether a migrant worker be

documented or undocumented they should not be denied fundamental rights.

A practical example of the realities and difficulties that migrant workers face, and there-

fore the existence of an urgent need to better protect their rights, is in the Philippines which re-

cently became the country with the highest number of laborers, at 7.7 million, who travel abroad

for work in more than 190 countries. The two main legislative forces that are at work to help pro-

tect the rights of migrant workers are the ICMR (United Nations International Convention on the

the Protection of the Rights of All Migrant Workers and Members of Their Families) and Repub-

lic Act 8042 (Migrant Worker’s Act of 1995). RA 8042 minimizes abuse and exploitation of mi-

grant workers and ensures that job matches are suitable in regards to a person’s skills all of

which are done through regulating recruiting agencies.

There is disagreement over whether the ICMR has successfully helped in pressuring for

improved worker conditions or not. However, it is RA 8042 which is viewed as more beneficial

in impacting policy and programs. Regardless, the Philippines’ employment has been on the rise

in foreign countries for several years with an increase in the skill level of the worker. As this

trend increases, it is all the more important for not only the Philippines but all countries with a

migrant worker population to take the necessary action to ensure that their citizens’ basic rights

are being upheld when they are working in a foreign country.

Questions to Consider:

i. Does your country have a large population of migrant workers? How are they treated?

ii. Or is it a country from which migrant workers originate? What sort of circumstances may have led them to seek a life and employment elsewhere?

iii. How might migrant workers be better treated in their host countries? To what specifically should they be entitled?

iv. How does a country simultaneously cease efforts of illegal migration and still grant these migrants with rights? What sorts of efforts can be made to make it easier for migrant workers to seek documentation?

Sources:

http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/migrant-

workers/lang--en/index.htm

http://www.unesco.org/new/en/social-and-human-sciences/themes/international-migration/inter-

national-migration-convention/

http://www.extension.org/pages/9960/migrant-farm-workers:-our-nations-invisible-

population#.Va6Y-njxalI

http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/SHS/pdf/Impacts-of-Rat-of-ICM-

R.pdf