RBS MUN

HUMAN RIGHTS COUNCIL

RBSMUN 2013

Rato Bangala School Model United Nations 2013

2013

STUDY GUIDE

Chair: Arnav Upadhyay Vice Chair: Samip Narayan Shrestha Moderator: Swati Pant

CONTENTS
INTRODUCTION TO THE COMMITTEE ................................................................................... 3 TOPIC 1: THE ETHICS OF INTERNATIONAL ELECTRONIC SURVEILLANCE ....................... 4 HISTORY OF THE PROBLEM ............................................................................................................ 4 CURRENT SITUATION......................................................................................................................... 6 RELEVANT UN ACTIONS .................................................................................................................... 8 BLOC POSITIONS ............................................................................................................................... 10 QUESTIONS A RESOLUTION MUST ANSWER ........................................................................... 12 SUGGESTIONS FOR FURTHER RESEARCH .............................................................................. 13 TOPIC 2: COUNTERING TERROR WITH JUSTICE-TORTURE AND ACCOUNTABILITY ......14 STATEMENT OF THE PROBLEM .................................................................................................... 14 HISTORY OF THE PROBLEM .......................................................................................................... 15 CURRENT SITUATION....................................................................................................................... 19 BLOC POSITIONS ............................................................................................................................... 21 RELEVANT UN ACTIONS .................................................................................................................. 23 QUESTIONS A RESOLUTION MUST ANSWER ......................................................................25 SUGGESTIONS FOR FURTHER RESEARCH .........................................................................26 POSITION PAPER FORMAT ....................................................................................................27 CLOSING REMARKS ...............................................................................................................28 REFERENCES .........................................................................................................................29

Study Guide: Human Rights Council

INTRODUCTION TO THE COMMITTEE

The beginning of the Second World War made it clear that the League of Nations had failed and the league was officially dissolved on 18th April, 1946. As a post war organization, under the leadership of Britain, China, the US and the USSR, United Nations was formed in 1945 in order to maintain international peace and promote cooperation in solving international economic, social, and humanitarian problems. Established on the 15th of March 2006 by resolution 60/251, the United Nations Human Rights Council is an inter-governmental body within the UN system with 47 member states, which are elected in the General Assembly for a term of three years. The seats are distributed among UN regional groups; 13 for Africa, 13 for Asia, 6 for Eastern Europe, 8 for Latin American and Caribbean and 8 for Western Europe and other groups. The General Assembly can suspend rights and privileges of any human rights council member through a two-third majority. The council meets at the UN office in Geneva and is responsible for promotion and protection of human rights. The council addresses important human right issues like freedom of expression, womens right, rights of racial and ethnic minorities, freedom of belief and religion and so on. The establishing resolution states that members elected to the council shall uphold the highest standards in the promotion and protection of human rights1. The council has an advisory committee which helps the council with its decisions with its expertise and advice on the issues. The council works in collaboration with the office of United Nations Commissioner for Human Rights, which specializes in legislative reform, electoral process, administration of justice and for implementation of international human rights standard.

Study Guide: Human Rights Council

TOPIC 1: THE ETHICS OF INTERNATIONAL ELECTRONIC SURVEILLANCE HISTORY OF THE PROBLEM

1997 Digital Signature Act Computer Crimes Act Telemedicine Act 1998 Communications and Multimedia Act US spy chief refers publicly to the threat of "cyber-attack." Series of incursions into US Department of Defense computer networks Computer Network Defense

1997 -Digital Signature Act This act secures electronic communications especially on the Internet. Digital Signature is an identity verification standard that uses encryption techniques to protect against e-mail forgery. The encrypted code consists of the users name and a hash of all the parts of the message .By attaching the digital signature, one can ensure that nobody can eavesdrop, intercept or temper with transmitted data.

1997 -Computer Crimes Act The Computer Crimes Act 1997 gives protection against the misuses of computers and computer criminal activities such as unauthorized use of programmers, illegal transmission of data or messages over computers and hacking and cracking of computer systems and networks.By implementing the Computer Crimes Act 1997, users can protect their rights to privacy and build trust in the computer

Study Guide: Human Rights Council

system. At the same time, the government can have control at a certain level over cyberspace to reduce cyber-crime activities. 1997 -Telemedicine Act The Telemedicine Act 1997 ensures that only qualified medical practitioners can practice telemedicine and that their patient's rights and interests are protected. This act provides the future development and delivery of healthcare in Malaysia. 1998 Solar Sunrise is an operational name given to a series of incursions into US Department of Defense computer networks. The attacks, which pilfer sensitive data across 500 systems, appear to come from servers around the world. Later it's discovered that three California teenagers were behind the breaches. 1998 CIA Director George Tenet gives speech on "information security risks" and, for the first time, a US spy chief refers publicly to the threat of "cyber-attack." 1998 US military coordinates cyber defense efforts under a Joint Task Force Computer Network Defense. 1998 - Communications and Multimedia Act The implementation of Communication and Telecommunication Act 1998 ensures that information is secure, the network is reliable and the service is affordable all over Malaysia. This Act also ensures high level of user's confidence in the information and communication technology industry.

Study Guide: Human Rights Council

CURRENT SITUATION
Surveillance of another has been happening for a very long time. Ever since the early world wars enemies always keep record and track of their foes with special surveillance. Old methods consisted of actually sending men to do the dirty work. However, as of recent times, the world has globalized with the creation of the World Wide Web. And, alongside the development of the WWW methods of surveillance has also evolved electronically. Some methods of electronic surveillance are through computers, telephones, cameras and social networks. Adding on to the list, methods of biometric and aerial surveillance have also drastically enhanced. Secret organizations also snoop around by discretely acquired methods of data mining and profiling. Though the world had its methods of keeping tabs on one another it wasn't until the early 2000's that the world was in dire need of a new enhanced way of secretly spying on one another. The world was constantly on high alert after the decade ago 9/11 attack on the United States. Fear of terrorist attack loomed high among nations, especially those that were highly involved in the diplomatic world. The world was thrown into an insecure period because an attack from foreign terrorist groups could happen at any possible moment (as shown by the September 11 attacks). The world watched and trembled in fear as the Islamic terrorist group Al-Qaeda brought chaos upon American soil. This act of terrorism brought the world to take instant action against preventing and stopping all further terrorism attacks. Reveal: the development of online surveillance. As a preventive measure to bring a hiatus to such horrific attacks in the future countries came up with strategic plans to keep an eye on another country and groups that may seem suspicious. The US first initiated the PATRIOT ACT in the immediate aftermath of the September 11 attacks. This program allowed the country to spy on not only the people on their soil but those of others too. Soon afterwards, the world too followed. Countries either created their own programs or took hand in another's. As of recent times, though it was kept an utmost secret by senior officials, USA has been developing and using a top secret program called the PRISM. Like the PATRIOT ACT, this also allows the user to conduct various surveillances on its desired destination. What is most fearful was the fact that until Edward Snowden came forth and revealed NSA's plans of such secret programs the world was unaware and innocent to such acts. Not only did he leak classified information of the PRISM program but he also exposed information of the

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metadata, Xkeyscore and Tempora internet surveillance programs. This act of exposure in the May of 2013 brought the United States to charge Snowden with espionage and theft of government property in June as the world knew what they were up to with other nations. The revelation of such atrocious online programs has brought much controversy. He has been titled both a hero and a traitor. He has been claimed to have both help bring devastation to the world. Though in the eye of the public he was a hero who had the courage to bring about transparency in government actions, he remains a threat to the many that work under the government secretly. Coming from this small action, Spygate lawsuit accused NSA of unconstitutional electronic surveillance. This lawsuit challenges an illegal and unconstitutional program of dragnet electronic surveillance, especially that deal with the bulk acquisition, collection, storage and searching of telephone communication systems. Issues of privacy are on the move. Though many countries deny the usage of the PRISM and such online surveillance programs evidence has stated that they in fact do. Too how much are they allowed to keep a watch on us? Where is the line that we draw? Aren't our rights to privacy evoked in the process? Controversies are surging from various organizations. Social sites and online hub are being investigated.

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RELEVANT UN ACTIONS
The Patriot Act The USA based PATRIOT Act was officially declared after the devastating attacks of 9/11. This act is an act of congress that was signed into law by President George W. Bush on the 26th of September, 2001. The full form of USA PATIOT is as follows Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001. This act consists of ten fields which it can overlook. They are as follows: Enhancing domestic security against terrorism Surveillance procedures Anti-money-laundering to prevent terrorism Border security Removing obstacles to investigating terrorism Victims and families of victims of terrorism Increased information sharing for critical infrastructure protection Terrorism criminal law Improved Intelligence Miscellaneous

Furthermore, as of 26 May 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011. This act consists of a four year extension to the key factors of the original act. Key features of the first act were roving wiretaps, searches for business records, and conducting of surveillance of 'lone wolves' (such individuals suspected by the government of terrorist related activities.) Terrorist surveillance program- NSA On the 6th of June 2006, President Bush, for the first time in public, openly took name of the program. The program was brought about by the NSA in the aftermath of the 9/11 attacks. This program focuses on the surveillance of personal who are linked to attacks and also surveillance of such people that are under suspicion of future attacks. Its initial focus was to intercept al Qaeda communications overseas. The program was names by the Bush administration. Special sources have claimed that this program operated without any judicial oversight authorized by the FISA (Foreign Intelligence Surveillance Act). Because of such loop holes the program has played many had come against the program as it had evoked privacy rights. Great risks were posed when people under suspicion abroad were monitored as they were not part of US soil.

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However, on the 6th of June 2013, it was revealed that the Terrorist Surveillance Program was replaced by a new NSA program referred as PRISM. UN special report The States now has a greater capability to conduct simultaneous, invasive, targeted and broadscale surveillance than ever before. The recently published report A/HR/C/23/40, published on the 17th of April 2013 and presented in Geneva by Frank LaRue, has one notion only- the surveillance of mass communications done by the US undermines citizens' ability to enjoy a private life, free expression and enjoyment of basic human rights. This report has great emphasis not only to the extent of which it condemns the surveillance done by the States on its people but also by the fact that this report marks the first time the United Nations has emphasized the right to privacy to democratic principles and free flow of expression. The UN Special Rapporteur on the freedom and expression written information also brings about a change in long followed traditions the United Nations has held in remaining silent on the issue of state surveillance. The last report that had called upon such drastic actions was by Martin Scheinin in 2009(with a report on counter- terrorism). The report had brought light upon the alarming rate of increase of surveillance done by the US in the aftermaths of the 9/11 catastrophe and called action be taken to promote privacy rights. This report traces how the government's monitoring has caught pace with the appalling development in technology. It describes and demonstrates how the government is cunningly lowering thresholds and increasing justification as to why they are doing the surveillance for both domestic and international citizens. Following the report, The Guardian revealed that the US NSA (National Security Agency) had been collecting vital information from a State based telecommunication Verizon. Later on, information was leaked that the same agency could allocate and access information from the servers of Google, Facebook, Apple, Yahoo, Microsoft and other technological giants. Information gathered could be ranging from anything, a simple text only email to a complicated audio video message/call. Call logs, times, locations and related information were all under access to the NSA.

Study Guide: Human Rights Council

BLOC POSITIONS
Though USA first initialized the process of online surveillance with the PATRIOT ACT and later the PRISM, this does not mean USA is solely to blame for this international breech in privacy. After its initiation other countries too have either taken part in it or given a helping hand. Countries that aren't aware of their activities regarding the PRISM still are not totally cut loose for most countries have other forms of surveillance as well. Some of them are as follows: Austria Gert Polli, former head of Austrian Federal Office for the Protection of the constitution and counterterrorism, stated that he knew about the PRISM program; however under a different name. He also has added that surveillance activities have taken place within the country. Polly, in 2009, was requested by US intelligence, to allow foreign investigation and surveillance. However, he denied the offer as it would violate Austrian law. Canada Privacy Commissioner Jennifer Stoddart has stated that Canada's standards in protecting personal online privacy have 'fallen too far behind.' Her reports have presented that: unlike in other nations where data protection authorities have legal power to make binding orders, proclaim large fines and punishment related to the extent of crime, Canadian authorities are restricted to softer approaches- persuasion, awareness and at the most the suspect to be called upon public for his/her act. Germany According to a Reuters report Germany claims that the country has not received any raw PRISM data. Claims from the German Chancellor, Angela Merket, such as 'the internet is new to all of us' hint the rest of the world that Germany might have other ulterior motives. To be new to the internet even in 2013 when Austria had already received requests by US intelligence in 2009 is rather absurd. However, there have been other reports that the German Army was using the PRISM program in its Afghanistan based operations in early 2011. Israel Usage of the PRISM program has been verified. Secret Israeli companies such as the Verint Systems and Narus have been found involved of the program for surveillance. New Zealand

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New Zealand, United Sates, Australia, Canada, and Britain are all members of the Five Eyes Alliance- an unofficially proclaimed pact that deals with internal spying. Though they deny any usage of surveillance programs reports of information exchange in secrecy have been announced. United Kingdom GCHQ (Government Communications Headquarters) have its own surveillance program called the Tempora program. Statistics claim that UK had access to the US based PRISM program by the June of 2010. Further analysis states that by the end of 2012 alone UK had nearly 200 reports written by its assistance. Like the above specified countries activities regarding the usage of the PRISM program, or any other online surveillance program may have been used. Countries must divide themselves among 'for' the usage of virtual surveillance, 'against' the use of it and certain countries should also be having neutral values.

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QUESTIONS A RESOLUTION MUST ANSWER

1. Should the committee intervene in cyber space as it has hampered privacy related rights? 2. What sort of intervention should the committee carry out? (A physical restriction or any sort of virtual barrier to ensure privacy of the civilians) 3. How can the countries help in unfolding the specified intervention? 4. What sort of aid and accommodation can countries provide to do so? 5. What the role of the delegate's country is and how it can specifically help solve the issue. 6. Specify whether the delegate's country is currently operating with spyware programs, such as the PRISM (or any other), and what the country can do to either oppose, or continue on. 7. What sort of ideology group countries have towards this issue in the future.

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SUGGESTIONS FOR FURTHER RESEARCH

Delegates, the information given in this study guide is nowhere near enough. We suggest that you do extensive research on your own on the basis of this guide. You are required to take an initiative in researching about various protocols and treaties regarding the internet and online surveillance. Some prominent areas of research are as follows: PATRIOT ACT PRISM surveillance program UN report A/HR/C/23/40 FISA NSA (history and what type of work they carry out)

Some additional information that a delegate could go through regarding surveillance could be: A/HRC/17/27 A/66/290 (both mentioned reports discuss how the internet has expanded the people's right to freedom of opinion and expression) The Foreign Intelligence Surveillance Act The Electronic Communications Privacy Act of 1986 The fourth amendment of electronic surveillance Protect America Act of 2007 FISA Amendments Act of 2008

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TOPIC 2: COUNTERING TERROR WITH JUSTICE-TORTURE AND ACCOUNTABILITY STATEMENT OF THE PROBLEM
One of the topics that the delegates will be dealing with is one of worlds most interesting ongoing debates, the process of countering terrorism which has violated human rights. Terrorism has never been defined in the UN level up to date. However some criminal acts have been defined as acts of terrorism and some features of terrorism are known; its organized form, dangerousness, randomness and its attempt to influence policy. Terrorism in its organized form has been an early concern in plane hijacking cases. This has led to the international community to host a number of conventions to address the issues. Following 9/11 even sterner actions have been undertaken with multiple resolutions from the UN Security Council. The US has also been very open in its war against terrorism until very recently when the US withdrew its troops from Afghanistan. In the course of the events, many human rights have been neglected. The Israelis were the first to try and counter terrorism in open warfare ever since Palestinian groups like Hamas and Hezbollah vowed to reclaim Palestine. They used gruesome methods and were globally condemned for their torturing and surveillance techniques which violated many human rights. The US has also been very active in surveillance and covert operations which breach several human rights agreement. One of such outrageous operation is the Automated Targeting System which profiles any person without their knowledge and the CIAs rendition programs which detains individual arbitrarily. In spite of the human rights restrictions countries have not gone about countering terrorism in a just manner. Even torture has been carried out in many cases in secrets military camps. Surveillance which destabilizes privacy rights are carried by most world powers across the globe. Despite resolutions from GA and SC to respect human rights of suspects and orders from the CAT, world powers have failed to live up to their promises. The working of such programs is hidden behind a confusion of accountability. European nations have forfeited authority of some programs in their countries to CIA which has made them impossible to prosecute. UN has been unable to follow up on the resolution that it has implemented. Promises made by countries of providing rights to suspects have not been monitored. The committee must find a way to ensure the rights have been delivered to suspects no matter of their crime. No one deserves torture or death even in the gravest of crimes.

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HISTORY OF THE PROBLEM

1963 - Convention on Offences and Certain Other Acts Committed on Board Aircraft 1970 - Convention for the Suppression of Unlawful Seizure of Aircraft 1971- Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1973- Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1979- International Convention against the Taking of Hostages 1980- Convention on the Physical Protection of Nuclear Material 1988-Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1988-Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988- Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf 1991- Convention on the Marking of Plastic Explosives for the Purpose of Detection 1997- International Convention for the Suppression of Terrorist Bombings 1999- International Convention for the Suppression of the Financing of Terrorism

Source:Countering Terrorism, Protecting Human Rights

Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963) This is commonly called the Tokyo Convention. It was concluded on 14th September 1963 and has been ratified by 185 nations. This convention is relevant to any offences against penal law, activities which may or do endanger the safety of the aircraft, the people in it and is not applicable to military aircrafts or police services. The state of registration of the aircraft can exercise jurisdiction over offences

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committed on board, and this convention doesnt exclude any criminal jurisdiction. The contracting state will only be able to interfere if the offences committed on board have an effect on the state, is committed by or against the nation or threatens the states security. The aircraft commander can take reasonable actions if they believe that an individual/a group is about to or is committing crime in the craft to protect the safety of the aircraft, people and property and to maintain discipline. This convention also states that when a person on board tries to take control of the aircraft for unlawful reasons, the contracting state should take actions to restore the authority or preserve the control of the aircraft. Convention for the Suppression of Unlawful Seizure of Aircraft (1970) Commonly known as the Hague Convention, this convention was signed on 16th December 1970. This is similar to the Tokyo Convention. According to this convention, each contracting state will take the offence of seizure of aircraft punishable with severe penalties. The state is also expect to take necessary measures to establish its jurisdiction over the offence and any other act of violence against passengers or crew. The convention also mentions that if the alleged offender is found in the territory of the contracting state, the state should take necessary actions or submit the case to its competent authorities for prosecution. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) This convention, signed on 23rd September 1971 in Montreal, has 188 state parties. The convention declares any act or offense committed on board which may or did harm the security and life on people and crew onboard, along with property as a crime. Along with this, damaging an aircraft which will delay the flight or endanger the craft when flying was also declared an offense. It also states that placing objects and substances in the aircraft which will harm the people on board and the aircraft is a crime. Destroying the navigation devices or giving wrong information will also be classified as crime along with attempting all the mentioned crimes or being an accomplice. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973) Signed on 14th December, 1973, this convention was drafted because of the increase in violence against diplomats. This convention defines the term Internationally Protected Person as A Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him. The convention defines an Alleged offender as a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes. These crimes are murder, kidnapping, attack upon the protected person. Threat or attempt of such attacks of such attacks is also considered a crime. A state should establish jurisdiction when such offense is committed in the state or when the offender is a national of the state. The state is also responsible for taking precautions against such acts or offense. This convention has been ratified by 176 state parties.

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International Convention against the Taking of Hostages (1979) This convention was signed on 17th December, 1979 and has been ratified by 170 nations and was signed to prevent and punish hostage taking. Offence of hostage taking is when any person deatains, threatens, or seizes another person in order to pressurise a state, a institution or organisation or group of people. The state party in whose territory the hostage is being kept, is responsible for the ease of the situation and rescue of the hostages and the offender will be punished by the state part and other authorities. The state party should also co-ordinate with the authorities to prevent such situations by exchanging information. The convention also declares that the United Nations should be informed of any such activities committed. Convention on the Physical Protection of Nuclear Material (1980) There are 180 signatories to this convention, which was signed on 3rd march, 1980. This convention establishes cooperation between all the signatory members for recovery and protection of a stolen nuclear substance. A country must take appropriate measures within the framework of its national law and consistent with international law is followed during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft and certain level of physical protection must be followed in the transport of such materials. The convention states that offenses involving nuclear material are made punishable and for which offenders will submitted for prosecution by the state party. The convention also states that the state property should also protect information from another state party to insure security of the nuclear substance. Any offence of stealing or misusing the substance or any attempt to do so is punishable. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988) This convention was signed on 23rd September, 1988. The convention declares an act which endangers the life of any people at an international airport using any type of devices as punishable. Unlawful acts of violence which endanger or are likely to endanger the safety of people at airports serving international civil aviation or affect the safe operation of such airports should be punished by the related authorities; urgent punishment should be given to the offenders. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988) This convention doesnt apply to military vehicles or the ones owned by the nation. The convention states that any person commits an offence when they seize control of the ship by force or threat or performs any degree of violence on the person on board or endangers the ship and property in it. Any attempt to commit such acts or offenses is also a crime. Each state party should take necessary measures to maintain jurisdiction. Any person with connection to the crime will be fair treatment

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through all the proceedings. The state parties should also co-operate in order to prevent such offenses keeping their national law in mind. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988) The convention was signed on 10th march 1988 and now had 149 state parties. Any person who seizes the control of the platform by force or by threatening or attempts to do so will have committed an offence. Endangering any ones safety and life on the platform will also be considered an offense. Damaging the platform by using any device or substance along with forcing someone to do these acts is punishable. Each state party must take certain measures to prevent such things from happening and also punish the alleged offenders. A state may interfere if the offender resides in the state, if the harmed person is a national of the state or if the act was done to abstain or compel the state into doing something. Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991) Signed on 1st March 1991, the convention has 147 parties. According to the Convention, a signatory state agrees to prohibit the manufacture, storage, transport, or entry of unmarked plastic explosives in its territory. Plastic explosives are not banned by the treaty, but it states that that when they are produced, they are to be marked with a chemical tag for future identification purposes. State parties should check for and prevent the movement of unmarked explosives in and out of the territory. International Convention for the Suppression of Terrorist Bombings (1997) This convention has 166 parties. The convention defines terrorist bombings as unlawful intentional use of explosives in public places with intention to kill, to injure, or to cause extensive destruction to compel a government or an international organization to do or to abstain from doing some act. Any person who delivers, uses, discharges or donates such devices with the intention of killing will be declared an offender. Any person attempting to do such acts will also be declared an offender. It will be the states duty to punish such penalties according to the nature of the offence and should adopt measures to follow this convention during the punishment. International Convention for the Suppression of the Financing of Terrorism (1999) This convention was drafted on 9th December 1999. This convention defines the crime of terrorist financing as the offence committed by any person who by any means, directly or indirectly, unlawfully and intentionally , provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out an act intended to cause death or serious injury to a person, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or to abstain from doing any act. State parties will have transparency in banks to prove that they are not attempting to hide any terrorist activity.

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CURRENT SITUATION
The most significant upsurge of counter-terrorism began in the aftermath of the 9/11 bombings. Thus, taking into the act the consequences of the aftermath of, the 9/11 is taken as an essential pivotal point in security against terrorism. Since then, there has been an urgency to ensure an effective and coordinated international response to the event. There has been increasing involvement by international bodies such as the UN General Assembly, the Security Council and the commission of human rights to minimize the loss of human rights from terrorism. They have attempted to effectively tackle terrorism while trying to ensure that the process of counter-terrorism does not affect others rights. The United States declared a war on terror against Al-Qaida, the Taliban and their supporters. It was declared on September 20, 2001 in a speech addressed to the joint session of congress by the then President Bush. With resolution 1373, there were significant grounds covered on counter-terrorism. The resolution stated: Decides also that all States shall: (a) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists; (b) Take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information; (c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens; (d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or their citizens; (e) Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts; (f) Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings; (g) Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents. The Counter-terrorism Committee (CTC) was established to monitor the states agreement with and implementation of the resolution. However this resolution gave little attention to human rights. This was corrected in Security Council resolution 1456, which stated: States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law.

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To ensure the implementation of the resolution, CTC Executive Directorate (CTED) was created. It provided CTC with expert advice and ensures that the CTC incorporates human rights into its work. It also liaises directly with the High Commissioner for Human Rights. However there have been considerable human right exploitations while countering terrorism. A special rapporteur by developed by the General Assembly has shed light to the various human rights violations. There have been increasing surveillance measures that affect any individuals privacy. States have given extensive powers to stop, question and identify individuals while not keeping track of abuse of such powers. Discrimination through racial profiling and detainment of people with specific names has caused widespread abuse of people. This has called into question the necessity of such activities in democracies and the status of freedom in such states. Use of biometrics to identify suspects would have been a proper way to deal had it not been for the centralized collection of the identities which have caused errors and have led to innocent people being victimized. One such example is the case of the Madrid train bombings where fingerprint found in the area wrongly lead to a Muslim lawyer, Brandon Mayfield, who was put behind bars for more than two weeks after an FBI supercomputer produced an error. Individuals being included in watch lists without their knowledge or solely based on their names, religion or affiliation with people has raised concerns on specific targeting carried out by governments. States are also involved in extensive monitoring in borders where they are known to keep comprehensive profiles on foreign travelers often conducting potentially invasive information collection practices. States are also establishing information requirements which may result in individuals being denied entry into a country for refusing to disclose private information. Inability to maintain these data only for the use of identifying terrorist suspects has led to misuse where the information may have been used for political gain or may have been created risks for individuals and organizations. For example lawful interception of communication by the States required companies in Greece to design vulnerabilities. These capabilities were abused in Greece where anonymous third parties eavesdropped on the communications of the Prime Minister of Greece, and dozens of other high-ranking officials. Technologies have been used to spy on protestors which have violated right to freedom to expression. Torture on primary suspects to terrorism is also known to have been practiced most openly by the United States. Former Vice President Cheney claimed that the use of methods such as waterboarding, sleep deprivation, stress positions, and cramped confinement had assisted the U.S. government to stop terrorist attacks in the past. Bushs administration has practiced torture in the form of the mistreatment of prisoners at Abu Ghraib, the use of torture in interrogations at Guantanamo Bay and other secret sites, and the rendition of captured terrorist suspects to states that torture. The Obama administration however has campaigned against torture and has promised to shut down Guantanamo Bay. These actions break a number of international laws which prohibit any form of torture such as CAT (mentioned in UN Actions), Geneva conventions, United Nations Declaration of Human Rights, etc. While they should be subject to prosecution they have so far been ignored. These have deterred nations to support US in their fight against terrorism while have fueled more terrorism in the form of a backlash or revenge.

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BLOC POSITIONS
Nations have widely abused the international law in the name of national security. The most democratic of nations are known to be the most culpable, placing the idea of a democracy in risk. US The US is notorious for its violation of human rights to counter terrorism with rumors of secret watch list and world surveillance methods. It operates detention and interrogation without charge at Guantanamo Bay. In spite of evidence of the operation of illegal interrogation methods such as torture there have been no investigations of high level officials in the case. No investigation on hundreds of cases of detainee abuse has been carried out by the United States. According to a world report, the government continues to use the term state secrets in lawsuits filed by such detainees. The US has continuously engaged drone strikes which target certain individuals without giving them a right to fair trial. There are also no legal justifications for such targeted attacks on who is targeted, when or under what conditions. European Union This group of countries is known not to prioritize human rights in their own countries. These countries have a lot of failures in accountability and responsibility which is shown by the elusiveness of the CIA programs running in the country. There are structures that hinder suitable parliamentary oversight of intelligence agencies and investigations into criminal acts which has opened doors for torture and surveillance. Discrimination is rife to the extent that France and UK declared multiculturalism a failed policy. Frances immigration law expanded the use of transit zones where there were few rights to immigrants and a maximum detention period of 45 days. Terrorist suspects could also be detained for six months by this same law. German laws also pursue extensive surveillance and data mining. While Spain is known to have neglected a binding order by the CAT on extradition of a suspect facing terrorism charges (Ali Aarrass). UK Britain, like the US, is known to run detention programs across the globe notably in Iraq where arbitrary subjects are known to be detained for up to three years. They have been known to torture and even kill Iraqi civilians with allegations in 2004 where 20 men were tortured and murdered. UK is also known to allow the use of secret evidence providing inadequate judicial safeguards to suspects. It continues to allow terrorism and stop and search without suspicion even amid fears of misuse of power. Arab League

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Study Guide: Human Rights Council

The Arab league had formed a convention, The Arab Convention on the Suppression of Terrorism (on 22nd April, 1998). This convention states that no state will play any part organizing, financing or committing terrorist acts or to be accessories in any way and that they will co-operate for the prevention and suppression of terrorist offences while still following their domestic laws and regulations. On 28 March 2010, the League at the summit level adopted resolution No. 525 which concerns international terrorism and its suppression. The Council called for continuing cooperation and dialogue with the Security Council counter-terrorism committees. Pakistan Pakistan has one of the worst track records of human rights while countering terrorism. Violation of human rights from security forces is a daily routine. Detention without charge is frequent but people are also convicted without a fair trial. There is no legal access to detainees. Drone strikes occur frequently on suspected al-Qaeda members with numerous civilian casualties. There were as many as 70 drone strikes reported in 2011. Afghanistan The country has been used by the US to detain, interrogate and torture people secretly. Due to the presence of US troops there and the weak Afghanistan government CIAs rendition programs often brought suspects here through forced disappearance. Afghanistan underwent a full transfer of US-run Bagram detention facility to the Afghanistan government. Afghanistan has been criticized for its decision to permit hold of conflict related detainees without charge. There has been international concern on the torture of detainees in Afghanistan after US troops left the encampment. Israel Israel considers Hamas and Hezbollah as terrorist groups and has deployed counter-terrorism actions against them. Israel has restricted freedom of movement in West Bank by including checkpoints, separation barriers and closure obstacles. Almost 190,000 Palestinians were forced to take time consuming detours which has been a direct violation of human rights. It has carried out bombings in the Gaza Strip and West Bank claiming to have targeted terrorists which have resulted in severe civilian casualties.

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RELEVANT UN ACTIONS
The General Assembly General Assembly Resolution 58/187 (2004): States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law [and] raise awareness about the importance of these obligations among national authorities involved in combating terrorism. United Nations Global Counter-Terrorism Strategy of 2006: The General Assembly documented the significance of the link between terrorism and human rights. The promotion and protection of human rights for all and the rule of law is essential to all components of the Strategy, recognizing that effective counter-terrorism measures and the promotion of human rights are not conflicting goals, but complementary and mutually reinforcing. The Security Council Security Council Resolution 1269 (1999): States must co-operate to prevent and suppress terrorist attacks and to bring perpetrators to justice Security Council Resolution 1373 (2001): States must implement more effective counter-terrorism measures at national level and to increase international co-operation in the struggle against terrorism, and creating a Counter-Terrorism Committee to monitor action. As mentioned in Current Situation this resolution was undertaken in the aftermath of the 9/11 bombings of the Twin Towers and is responsible for much of the internationally collaborated counterterrorism. Security Council Resolution 1456 (2003): "States must ensure that any measure taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law. This resolution was formed eighteen months after the one made in 2001 and included amendments where human rights were given priority. It formed the CTED which is a collection of human rights experts that monitored the CTC. Security Council Resolution 1624 (2005): Called on states to prohibit by law incitement to commit a terrorist act or acts as well as prevention of such acts and the denial of safe haven to perpetrators. It also called upon states to continue international efforts to enhance dialogue and broaden understanding between civilizations in an effort to prevent the indiscriminate targeting of different religions and cultures.

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Study Guide: Human Rights Council

Treaties The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) The UN has adopted a special treaty in light of the importance of protection from torture, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).All OSCE countries have ratified the CAT and are thus bound by its provisions. The CAT requires states parties: To incorporate the crime of torture in their domestic legislation To punish acts of torture by appropriate penalties To undertake a prompt and impartial investigation of any alleged act of torture; To ensure that statements made as a result of torture are not invoked as evidence in proceedings (except as evidence against a person accused of torture) To establish an enforceable right to fair and adequate compensation and rehabilitation for victims of torture or their defendants. Countering Terrorism, Protecting Human Rights By OSCE (ODIHR) Poland Conventions - International Convention for the Suppression of Terrorist Bombings, 1997 - International Convention for the Suppression of the Financing of Terrorism, 1999 - Convention on the Suppression of Acts of Nuclear Terrorism, 2005. Other actions - UN Global Counter-terrorism Strategy, 2006 - Human Rights Special Rapporteur (1 August 2005 - 31 July 2011)

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Study Guide: Human Rights Council

QUESTIONS A RESOLUTION MUST ANSWER

1. Whether the committee should define terrorist acts. 2. What actions the committee can further take to make sure human rights violation does not take place. 3. Whether to take action against countries violating human rights? 4. If yes, what sort of action to take? 5. How to respond to torture taking place in nations around the world in the name of counterterrorism? 6. How to control surveillance and determine accountability of such information. 7. Discussion of the granting of rights to detainees and suspects around the world.

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Study Guide: Human Rights Council

SUGGESTIONS FOR FURTHER RESEARCH

Delegates are required to be well informed beforehand to debate appropriately. Having more information gives the delegate an upper-hand. The delegate may only use information from reliable sources or the claims of the delegate will be judged to be wrong. Some information that the delegates need to research on are: 1. Resolution S/RES/1373 (2001) 2. CTC and CTED Some other research options are: Human Rights Watch Countering Terrorism, Protecting Human Rights By ODIHR All the treaties, conventions and actions mentioned above Documents elaborating the policy of your country Websites of OHCHR and Human Rights Council

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Study Guide: Human Rights Council

POSITION PAPER FORMAT

Committee: Human Rights Council Country: Delegate: Topic: Introduction to the Topic In your countrys view, what are the main elements of the problem? What are the roots of these problems and give a brief history concerning the topic and committee?

Current Situation What are your national interests in the situation and briefly explain the stance on the topic? What is your country doing to support or condemn the topic? What past resolutions or treaties have the country supported regarding the topic?

Solution What does your nation believe needs to be done to solve the problem? What would your country want to be included in the committees resolution?

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CLOSING REMARKS
We have tried our best in making this study guide resourceful and hope that this study guide will be fruitful and beneficial. However, individual research is highly recommended as this would help you be specific and help you write better resolutions, position papers and come up with better solutions and also come in terms with your country's stances and policies. At the same time, be creative. This study guide will only provide rudimentary levels of information on the main day topics. Conduction of your own research in specified fields (of one's own country, and maybe another's) is highly recommended and will be taken into account if properly used. Independent research will help you a lot as the topics are broad. If you have any problems, please feel free to contact any member of the dais. We are more than willing to help you with your queries. We are very delighted to be leading you in the committee and look forward to MUN conference. We hope to see intense, reasonable debates and participation from all the delegates. Delegates, we hope that you will make this committee as fun and informative as we have planned it out to you. We hope that it will be a memorable experience, and that we will be able to make your experience as unforgettable as possible. We wish you the very best.

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REFERENCES
http://www.un.org/en/rights/ http://www.un.org/depts/dhl/resguide/r60.htm http://www.amnesty.org/en/campaigns/counter-terror-with-justice/issues/torture-and-accountability http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf http://ictsmksh.blogspot.com/2010/02/computer-ethics.html

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Study Guide: Human Rights Council