AUSMUN 2011: STUDY GUIDE

HUMAN RIGHTS COUNCIL

History and Background of the Committee

The Human Rights Council was formed by the UN General Assembly on the 15 th of March
20061 and is based in Geneva. Its primary purpose was to address human rights violations that
take place globally and to increase awareness and accountability for these breaches of basic
rights. By 2011, the UN Human Rights Council aims to review the entire human rights records of
every country.
The structure of the Human Rights Council is determined as a result of a General Assembly
resolution which states that,
“the Council shall consist of forty-seven Member States, which shall be elected directly
and individually by secret ballot by the majority of the members of the General Assembly; the
membership shall be based on equitable geographical distribution, and seats shall be distributed
as follows among regional groups: Group of African States, thirteen; Group of Asian States,
thirteen; Group of Eastern European States, six; Group of Latin American and Caribbean States,
eight; and Group of Western European and other States, seven; the members of the Council shall
serve for a period of three years and shall not be eligible for immediate re-election after two
consecutive terms.”
The last session held of the UN Human Rights Council took place from the 24 th of January 2011
to the 4th of February 20112. The current president of the HRC is Mr. Sihasak Phuangketkeow
who is from Thailand. There are four vice presidents (one of which is a rapporteur) and hail from
Norway, Cuba, Angola, and Slovakia.

Statement and Summary of the Problem

The act of occupation with its characteristics of inflicting violence upon people and taking their
territory forcefully is a violation of human rights in itself; however, many other violations exist
within an occupied territory as a result of its nature. These can namely be seen in Palestine,
where Israel conducts drastic breaches of human rights in various territories such as Gaza and the
West Bank.
Palestinian homes, schools, hospitals, and other facilities are often destroyed by Israeli forces as
a result of acts of violence such as bulldozing various Palestinian villages to increase Israeli
settlements. Furthermore, Israel severely restricts the influx of goods and supplies into Palestine,
thus hindering attempts to rebuild the destroyed. Apart from these somewhat continuous human
1
UN Human Rights Council, 2010
2
Universal Periodic Review, UN Human Rights Council
rights breaches, there was are significant major attacks on the Palestinian people, namely the
initially naval and aerial and subsequently ground attacks on the Gaza Strip in late December
2008.
Both Israel and Palestine are bound by human rights conventions3 and many NGOs such as
Amnesty International and Human Rights Watch continuously highlight human rights violations
in an attempt to rectify them. There have always been conflicts between the Israelis and the
Palestinians, but this animosity was heightened during the declaration of the Israeli state in 1948.
As a result, many Palestinians fled the now Israeli-claimed areas and settled in Gaza, which is
now suffering from a high birth rate and overpopulation, as well as lack of access to clean
drinking water4.
The Human Rights Council has been continuously involved in the situation in Palestine and has
issued several reports pertaining to the conditions in the Occupied Palestinian Territories. A
permanent observer mission has also been established5 which now enables Palestine and entities
such as Palestinian National Authority and the PLO increased chance of participation in the
workings of the UN.

3
Human Rights Council “Human Rights Situation in Palestine and other Occupied Arab Territories”
4
International View Point.org
5
Permanent Observer Mission of Palestine to the United Nations.
 Topic Area A: The Human Rights Situation in Palestine

History of the Problem

Although there has been conflict between the Israeli and Palestine peoples for decades conflicts
as we know of them today emerged only after 1948 which was when Israel declared its state and
invaded Palestinian territory6. According to the CIA World Factbook, there are approximately
more than 400,000 Arab-origin refugees within Israel and the Occupied Palestinian Territories.
“1947-48 resulted in the murderous depopulation of 369 Palestinian towns and villages by the
Israeli army7.”
The Israeli–Palestinian conflict is the ongoing conflict between Israel and the Palestinian
territories which involves a number of aspects. Since 1948 there have been wars and destruction,
which forced millions of Palestinians to flee their homeland and seek refuge in other neighboring
countries such as Jordan, Syria, and Egypt. The key issues to this conflict are: mutual
recognition, borders, security, water rights, control of Jerusalem, Israeli settlements, Palestinian
freedom of movement and legalities concerning refugees. This conflict is mainly characterized
by the violence it has resulted in. Regular fighting has been conducted by regular armies,
paramilitary groups, terror cells and individuals. Casualties have not been restricted to the
military, with a large number of fatalities in civilian populations on both sides. The violence as
well as the strategic and symbolic importance of the area has resulted in making this conflict one
of the key concerns of the international community in regards to concerns over human rights,
international security and security within the Middle East. The conflict does not only represent a
conflict between the Israelis and the Palestinians, but also a conflict within each society. This has
of course complicated the quest to reach a peaceful solution.
Many attempts have been made to negotiate a solution that would serve the interests of both
sides which would involve creating an independent Palestinian state, as demanded by the
Palestinians, along with an independent Jewish/Israeli state. There are multiple prominent
international actors involved in the finding a solution to the conflict. The two main parties
engaged in direct negotiation are the Israeli government, which is currently headed by Benjamin
Netanyahu, and the Palestine Liberation Organization (PLO), which is currently headed by
Mahmoud Abbas. The negotiations that are held between the two parties are supervised by an
international body known as the Quartet on the Middle East (the Quartet for short) which is
represented by a special representative that consists of: the United States, Russia, the European
Union, and the United Nations. Another important actor is the Arab League, which has proposed
an alternative peace plan. Egypt too is a key participant in the negotiations between the two
parties and a key contributor to the peace talks that are frequently held. The most recent direct
negotiations between the Israeli government and Palestinian leadership began in September of
2010 aimed at reaching an official final settlement between the two parties.
Since 2003, the Palestinian side has been in threatened by the conflict between the two major
factions: Fatah (in the West Bank) and Hamas (in the Gaza Strip). This division of governance

6
Ibid.
7
New Statesman, 2009.
between the two parties has in point of fact resulted in the collapse of the governance of
the Palestinian National Authority (PA).

Discussion of the Problem

Since 1967, the Israeli Defense Forces’ and the Israeli government’s conduct in the Palestinian
territories have been criticized by international organizations such as the UN and Amnesty
International. Moreover, clear violations of human rights were and are still committed by Israel
on a daily basis. The human right violations will be discussed in light of three areas: torture and
targeting civilians and settlement expansion.
In 1999, the Israeli High Court, after 52 years of legally using such methods, ruled the usage of
“violent interrogation techniques by the Israeli General Security Service (GSS) against
Palestinians detainees were illegal.” What is interesting to point out here is the courts choice of
words. That is, the court did not describe such methods as torture, but merely illegal.
Nevertheless, on the basis of the Attorney General’s permission, it may be granted to use special
means in interrogation procedures by any interrogators. Moreover, the court stated that methods
may be accepted if they were approved by new legislation (Qumsiyeh 2004, 115 – 116).
According to an Amnesty International report to the UN committee against torture there is
evidence of continued use of torture methods such as “sleep deprivation often seated in painful
positions, prolonged squatting on haunches and painful handcuffing.” The report concluded that
based on the committee’s statement on torture in 1997 these methods are considered torture. It
also stated that prolonged closures of different areas such as whole towns and villages as well as
the denial of freedom of movement to Palestinians falls under article 16 of the UN Convention
against Torture (Amnesty International, 2001).
The Israeli Defense Forces’ practices in dealing with demonstrations and riots have resulted in
serious human rights violations. Several human rights organizations have pointed out to the
violations committed by Israel and described by words such as “war crimes” and “use of
indiscriminate and excessive force.” Although Israel denies targeting civilians, the evidence
suggests otherwise. For example a report by B’tselem stated the following: “indiscriminate firing
and the killing of innocent civilians, intentional harm of water, electricity and telephone
infrastructure…shooting at ambulances and prevention of medical care o the injured (B’tselem
2002). The Physicians for Human Rights USA stated that the Israeli defense forces target “solely
for the purpose of wounding or killing.” The Human Rights watch indicated that during the Jenin
Siege the Israeli military “used Palestinian civilians as “human shields” (Human Rights Watch
2002). Moreover, it was stated by a member of the Israeli army that certain Palestinians riots,
such as the Um Al Fahm riot are not as violent as some Israeli riots, like the Tiberias riot.
Nevertheless, in the case of Tiberias, clear orders were given to the soldiers to not take weapons
and merely use gas to control the riot. However, in the case of the Um Al Fahm riot, unarmed
Palestinian civilians and protestors were shot, wounded and in many cases killed (Qumsiyeh
2004, 118).
Finally, it is important to not forget about one of the most important issues, which is the
settlement expansion in the occupied Palestinian territories. There is a clear human rights
violation in the act of demolishing houses and confiscating land in order to allow for further
settlement expansion in the West Bank. This is in accordance with Article 49 of the Fourth
Geneva convention which states “occupying powers shall not transfer part of its own population
into the territory it occupies” (Qumsiyeh 2004, 119).

Past UN Actions
In 2006 the United Nations commissioned the establishment of the Human Rights Council, an
inter-governmental body with the UN system to strengthen and promote the protection of human
rights around the globe. Their main goal is to address the situations of human rights violations
and make recommendations on them. Thus, the issue of human rights in Palestine, other
occupied Arab territories and in the region on the whole, has one that has been consistently
debated and has ultimately been deemed an issue of great importance.
Over the years, numerous resolutions have been passed by the United Nation on the issue of the
Human rights situation in Palestine and other occupied Arab territories. These resolutions date
back to 1968 when the United Nations General Assembly passed resolution 6 (XXIV) of
February 27 [Question of human rights in the territories as a result of hostilities in the Middle
East] which highlighted the importance of protecting civilians during the war and also those
affected by it. In 1974, the General Assembly passed resolution 3236 (XXIX) [Question of
Palestine] in an appeal to all states and International Organizations to extend support to the
Palestinian people in order to help restore their rights.
In the recent years, the United Nations has commissioned many international fact finding
missions to the region, in order to collect vital information to better judge the extent of the
damage there. They later passed as a follow-up to the reports of the International Fact-Finding on
the conflict and situation in the region, resolution 13/9 of April 2010, under which the Human
Rights Council established the Committee of Independent Experts to monitor investigations
concerning the conflicts in the region and the request that the committee submit a report to the
Human Rights Council for further study.
Thus, concern over the human rights situation in Gaza strip, its implications and the rights of
Palestinians living in territories occupied by Israel continues to be on the agenda of the United
Nations Human Rights Council.

Proposed Solutions
To establish Jerusalem as an international city managed by the United Nations.
To increase international involvement and regulation within the Occupied Palestinian Territories.
To increase accountability by setting up binding treaties and clauses by commissions specifically
focused on dealing with the issue of Israel-Palestine.

Questions a Resolution Must Answer

What social and political steps must the international community take in order to increase
transparency and accountability within Israel and the Occupied Palestinian Territories?
What is the likelihood of a UN-managed international city of Jerusalem and what are the best
ways to begin this issue?
What further roles must the members of the Human Rights Council take in order to decrease the
human rights violations that take place in areas such as Gaza or the West Bank?
Should NGOs such as Amnesty International and Human Rights Watch play a more active role
in mediating this situation and if so, what steps should they take?

Closing Remarks
The breaches of the human rights that are taking place (and have been taking place) for the past
few decades in the Occupied Palestinian Territories must end. In order to address this issue, both
IGOs (such as the Human Rights Council) and NGOs (such as HRW and AI) must take a strong
stand and push for implementing policies and treaties that are binding. Simultaneously, the
international civilian community should use their strength in numbers to address the blatant
violations of human rights that take place within Palestinian territories.
 Topic Area B: Food Security and the Right to Food

Statement and Summary of the Problem

Part 1 of Article 25 in the Universal Declaration of Human Rights (UDHR) states 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…. and the right to security in the event of …. lack of livelihood in
circumstances beyond his control.”
However, 925 million people –almost a billion people- do not have access to sufficient food8.
Much is being done to address this issue, with the UN’s World Food Program and the ambitious
Millennium Development Goal of eradicating extreme poverty and hunger by 2015. Yet this is
not enough.
“98% of the world’s hungry live in developing countries, and 65% of the world's hungry live in
only seven countries: India, China, the Democratic Republic of Congo, Bangladesh, Indonesia,
Pakistan and Ethiopia9.” These statistics clearly show that it is in those countries that suffer from
economic problems that hunger prevails.
The recent financial crisis has also proved to accelerate the rate of hunger in this world. Aid to
poor countries has drastically reduced due to cost cutting measures and the lack of availability of
funds for charitable purposes. Unemployment is also on the rise in these developing countries as
they face economic uncertainty. Both factors combined lead to a rise in global hunger.
But how prevalent has this issue been? And do human beings have an inherent right to sufficient
food? There are many sides to this story with humanitarians often pitched against profit-
maximizing financiers.

History and Background of the Problem

Food scarcity has always been a problem in history, but has increased in both scale and
magnitude in recent years. Various reasons account for food scarcity. It can be caused by natural
phenomena such as a drought or a natural disaster which would destroy harvest. Wars or violent
conflicts of any kind lead to malnourished populations. During World War II, food was rationed
and there was a general lack of food supplies in affected regions. As previously mentioned, the
recent financial crisis also proved to be a reason for lack of access to food.

Past UN Actions
In response to the dramatic increase in food prices and the food security crisis that resulted as a
direct consequence, the UN created the High-Level Task Force (HLTF) on the Global Food
Security Crisis in April 2008. The Task Force aims at tackling the problem related to the food
crisis and attaining global food security. In July 2008, the Comprehensive Framework for

8
Hunger Stats, World Food Program, 2010
9
Ibid.
Action (CFA) put forward the “twin-track response”. This approach proposed four main actions
to approach the complex multidimensional issue (HLTF, 2008):

 Emergency food assistance, nutrition interventions and safety nets to be enhanced and made
more accessible:
The above action addressed the urgent need to ensure food protection and protection of the
poor’s consumption needs. It also calls for the need for nutrition intervention by ensuring the
poor’s nutritional needs are met and school’s provide healthy meals to the poor children.
With regard to safety nets, the hungry must be provided with social protection or higher
wages which match the increase in food prices (HLTF, 2008).

 Smallholder farmer food production to be boosted:

This action highlights the need for safety nets in order for farmers to increase productivity
and an urgent need for improved infrastructure. Animal health services must be improved
and harvest losses must be reduced in order to tackle the issue of wastage (HLTF, 2008).

 Trade and tax policies to be adjusted:

Tax policies must be revised by looking at their impact on the poor. There is also a need for
the reduction of subsidies in the developed world. Export restrictions must be reduced and
importing countries must lower taxes and allow for trade (HLTF, 2008).

 Macroeconomic implications to be managed:

The problem of inflation must be tackled and sufficient monetary funds must be ensured.
Monetary assistance through foreign aid must flow in a transparent manner and must reach
the needy (HLTF, 2008).
The following information on UN actions towards the food crisis has been obtained from the
United Nations website (www.un.org) (Comprehensive Framework for Action, 2008):

 “Donated US$ 1.2 to provide assistance to the World Food Programme (WFP) to support
its assistance programs in 62 countries worldwide affected by the food crisis.

 A reserve of US$ 100 million from The Central Emergency Response Fund (CERF), a
humanitarian fund managed by the Office for the Coordination of Humanitarian Affairs
(OCHA) on behalf of the wider humanitarian community, for food related emergency
response projects (food, agriculture, health, nutrition, and logistics). US$ 65 million has
already been allocated.

 Enhanced nutrition assessments and interventions through United Nations Children’s

Fund (UNICEF’s) allocation of an additional US$ 50 million from its regular resources to
its programs of cooperation with 41 developing countries facing nutrition insecurity
among children and vulnerable groups.

 Procurement and distribution of seeds, fertilizers and other inputs in 54 countries under
FAO’s Initiative on Soaring Food Prices (ISFP).
  Support from the International Fund for Agricultural Development (IFAD) for
smallholder farmers to rapidly access inputs and related services through a reallocation of
US$ 200 million, with programs in 14 countries that are being scaled up. In addition,
under its ongoing investment portfolio, IFAD finances food production-related activities
(crops, livestock and aquaculture) in 65 countries. It will further scale up and fast-track
these activities upon countries’ request.

 US$ 1.2 billion of rapid financing for expansion of safety nets, agricultural input
distribution, financing of critical imports, and budget support to countries impacted by
the crisis through the World Bank Food Crisis Response Programme.”
In addition to the above monetary contributions and establishment of a framework for action, the
UN has also implemented programs and set out guidelines on how to tackle the situation. The
most recent program implemented by the Food and Agriculture Organization (FAO) aims to help
around 3500 small to medium scale producers increase their production and get their produce to
the market (UN, 2010). Another project has helped West African farmers “in slashing the use of
toxic pesticides, increasing yields and incomes, and diversifying farming systems” (UN, UN
project helps West African farmers cut pesticide use, boost incomes, 2010).

Proposed Solutions
That there be a global organization which redirects the oversupply of food from developed
nations to developing nations which have a shortage of food.
That countries establish laws within their own territories to stimulate agricultural production that
would be beneficial to those lacking food and experiencing hunger.

Questions a resolution must answer

What specific forms of international cooperation must take place to address global hunger-
particularly in developing countries?
Should regional arrangements be made in order to supply the malnourished with sufficient food?
Should food and agricultural corporations increase their corporate social responsibility and
specifically and exclusively address the issue of global hunger?
What forms of changes can be made to agricultural policy in order to promote more efficient
means of food distribution?
Is food scarcity within a country strictly a problem of that country’s government or should an
international cooperative measure take place?
 References

Human Rights Situation in Palestine

Amnesty International, Initials. (2001, November 23).‘Israel/Occupied Territories: Israel Fails
To Address Increasing Use Of Torture’.
Retrieved from http://www.ppsmo.org/press%20folder/e2001/press11.htm

B’Tselem. (March 12, 2002). ‘A Deadly Pattern’. Retrieved from http://www.btselem.org/

“Gaza Strip”. (2011). CIA World Factbook. https://www.cia.gov/library/publications/the-world-

factbook/geos/gz.html

Gray, A. (2007). The Water Crisis in Gaza. International View Point.

http://www.internationalviewpoint.org/spip.php?article1211

Human Rights Situation in Palestine and Other Occupied Territories.(2009). UN Human Rights
Council.
http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A%20HRC%2012%2037_AEV.
pdf

Human Rights Watch. (May 3, 2002). ‘Israel/Occupied Territories: Jenin War Crimes
Investigation Needed. Human Rights Watch Report Finds Law of War Violations’.
Retrieved from http://hrw.org/press/2002/05/jenin0503.htm.

Pilger, J. (2009). Gaza under fire. New Statesman.

http://www.newstatesman.com/middleeast/2009/01/pilger-israel-gaza-palestine

Qumsiyeh, M. (2004). Sharing the Land of Canaan: Human Rights and the Israeli-Palestinian
Struggle. London: Pluto Press.

Food Security and Right to Food

Comprehensive Framework for Action. (2008, July). Retrieved January 2, 2011, from United
Nations: http://www.un.org/issues/food/taskforce/Documentation/CFA%20Web.pdf
Hunger Stats. (2011). World Food Programme. http://www.wfp.org/hunger/stats
HLTF. (2008, July). Outcomes and Actions for Global Food Security. Retrieved December 27,
2010, from The United Nations:
http://www.un.org/issues/food/taskforce/pdf/OutcomesAndActionsBooklet_v9.pdf
UN. (2010, December 10). New UN project aims to boost food security in four Central American
nations. Retrieved January 2, 2011, from United Nations: http://www.un-
foodsecurity.org/node/965
UN. (2010, December 20). UN project helps West African farmers cut pesticide use, boost
incomes. Retrieved January 2, 2010, from United Nations: http://www.un-
foodsecurity.org/node/971