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Letter from the Dias

Dear Delegates, Assalam o alaikum!

Just so you know I HATE writing about myself, So with Rizwan barraging me with angrymessages and the deadline to have this thing done just round the corner, I had to getgoing. Here goes nothing:My name is Haseeb Ikram and I feel honored to be serving as your chairperson for theUnited Nations Human Rights Council at FROMUN2011. I look forward to three veryexciting days of intense debates, diplomacy and hopefully an entertaining committee.

I have completed my A levels from beaconhouse, margalla campus in Islamabad and planto go to ANU Australia in February to major in economics along with a minor in politicalscience. I have a love for Model United Nations having attended and won several awards.I warmly welcome yall to UNHRC- one of the most stimulating committees of the UN. Asthis committee forms an integral part of the structure of the United Nations, I hope todirect and simulate the committee sessions in a manner that seeks to reach compromisesand helps to work towards finding productive and practical solutions to the urgentproblems faced by the world today. Along with my Co-Director, Ali Tahir, I will be lookingforward to an energetic debate full of diplomacy and hard work. Delegates should be wellresearched regarding the issues at hand particularly about their country positions. Feelfree to contact me or Ali tahir for any help in the research.My aim is to make this committee one of the most unforgettable experiences of your lives.

I hope that each and every delegate at FROMUN11 gains something memorable andworthwhile out of this experience. Here is to spirited debates, new friendships, and thehilarious incidents which will invariably crop up during committee sessions. ;]Regards, Haseeb Ikram: haseeb_ikram_92@ hotmail.com

Dear Delegates,

My name is Ali Tahir and I feel honored to be serving as your

committee director for the United Nations Human Rights Council at

the Froebels Model United Nations (FROMUN) 2011. I am greatly

looking forward to three exciting days of debating, diplomacy and

resolution making. For a brief background, I am currently

completing my Alevels at Westminster; with plans to major in

micro physics. I have been active in debater for more than 4 years

now, having attended numerous conferences including LUMUN,

BMUN, RMUN, GIMUN, and the very recent ROTMUN. I have

thoroughly enjoyed opportunities to discuss major international

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issues with people from around the world and have been successful in claiming a

significant number of awards.

The Human Rights Council, at FROMUN this year will be focusing on one very pertinent

topic, the guide for which is provided to you below. I am sure you will find the topic very

engaging and thought-provoking. Go through the research guides very thoroughly andextensive research is something I need not request you to carry out. I will be expecting all

position papers by 20thSeptember 2011.

Feel free to email me if you have any questions or concerns, or would just like to introduce

yourselves. I am excited for a heated debate and look forward to meeting you all.

Regards, Ali Tahir alitahir225@hotmail.com

Background on the Committee

The United Nations General Assembly established the Human Rights

Council on 15 March 2006 to replace the Commission on Human Rights

(CHR) which was heavily criticized for allowing countries with poor

human right records to be members. It is an inter-governmental body

within the United Nations. This body was preceded by the Commission

on Human Rights which was organized into the HRC.

The Council has 47 seats. To become a member, a country must receive

the votes of at least 96 of the 191 states of the UN General Assembly (anabsolute majority). During the election process the General Assembly

members review the candidate countrys contribution to the promotion of

human rights and its dedication to upholding them. The election

requirement was included as way to improve membership.

The UNHRC is committed to promoting and maintaining universal ideals

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of human dignity. Its work includes preventing human rights violations,

securing respect for all human rights, promoting international

cooperation to protect human rights, making recommendations to the

General Assembly for further developing international law with regard to

human rights, and undertaking a Universal Periodic Review of each State

with respect to its fulfillment of its human rights obligations and

commitments. One year after its birth the committee adopted its

institution binding package

which provides elements to

guide it in its future work. One

of the primary elements was

the Universal Periodic Review

mechanism, which is supposed

to assess human rights

situations in all 192 memberstates of the UN. Another

element of the Advisory

Committee which serves as the

councils think thank is to

provide it with expertise on global human rights issues. The HCR also has

a complaints procedure which allows individuals and organizations to

bring any concerns about human rights violations to its attention.

Rights of journalist and human rightactivists

Media plays an enormously important role in the protection of human rights. Theyexpose human rights violations and offer an arena for different voices to be heardin public discourse. Not without reason, media have been called the Fourth Estate an essential addition to the powers of the executive, the legislature and thejudiciary.The FRMOUN 2011 Human Rights Council is requested to address to the issue ofethical journalism, self regulation, and future mode of action.This research guide highlights the close relationship between ethics of journalismand human rights standards enshrined notably in major international treaties, thechanges taking place in the current digital media, along with a number of majorlegal restraints on journalism and lastly practical means by which ethicaljournalism may materialize.

Introduction

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Ethically, watchdog journalism is how reporters, editors and others providecommentary on the events that shape peoples lives. It is rooted in moral values.When journalists aspire to tell stories based upon truth-telling, accuracy andfairness; when they seek to minimize harm; and when they make themselvesaccountable to peers and the wider community, they define the essential elements

of what we might call journalism as a public good. Good journalism can remind usof moral responsibilities and reinforce our attachment to acceptable standards ofbehavior and, in this sense; it is an ally of everyone striving for democracy andhuman rights protection.Today journalism and human rights intersect at a moment of remarkable andhistorical change. In an era of globalization and the explosion of digital media, theinformation landscape is being redrawn, posing new questions about journalism,human rights and information policy.Today people have more opportunities to exercise their freedom of expressionthan ever before, but how do they take responsibility for their views? How dopeople judge what is reliable information? How do media and journalists continue

to shape norms and contribute to building a new ethic of information that includeseveryone when tendency is towards fractured, anonymous communications? And,not least, how can media policy, rather than law, become an instrument forcreating an information environment that respects ethical norms, including respectfor human rights?

Human rights standards relevant for journalismTo explore the linkage between ethics of journalism and human rights we need to

ask how they both link to values, morality andthe law. This is not an intellectual exercise. Forpeople in journalism it is directly relevant totheir world of action and the choices they facein their work.Human rights are enshrined in the treatiesbetween states, particularly the UniversalDeclaration of Human Rights (UDHR, 1948), theInternational Covenant on Civil and PoliticalRights (ICCPR, 1966) and the European

Convention on Human Rights (ECHR, 1950) which guarantee the rights of allpersons within the jurisdiction of the contracting parties. These rights areenshrined in law and in practice, as with the exercise of journalism, they areclosely linked to the moral climate in which we live.Article 10 states that everyone has the right to free expression. But this is aqualified right and may be overridden by decisions taken in the interest of suchmatters as national security, prevention of disorder or crime, protection of anindividuals reputation.Some journalist, perhaps most, may be driven by ideals of humanity, but they areunable to act according to their own personal conscience. They are oftenconstrained by limits on their freedom imposed by undue political or corporate

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influence or by the application of law. This stifling atmosphere not only leads toself-censorship, it intimidates and silences the sources upon which journalismdepends.Even worse, journalists are victims of violence. Over the past 20 years more than2,000 have been targeted and murdered. Some of Europes most distinguished

writers and journalists have been killed, many of them victims of political enemieswhen alive and victims of political indifference when dead with evidence ofwidespread impunity.However, the power of the media can also be misused to the extent that the veryfunctioning of democracy is threatened. Some media have been turned intopropaganda megaphones for those in power.Other media outlets have been used to incitexenophobic hatred and violence againstminorities and other vulnerable groups of people.It also happens that media unnecessarily andunfairly abuse the privacy and integrity of

ordinary people through sheer carelessness andsensationalism and thereby cause considerabledamage to individuals - for no good purpose atall. It is obvious that freedom of expression though an absolutely basic human right is notwithout limits. The European Convention onHuman Rights makes clear that restrictions maybe necessary in the interest of, for instance, national security and public safety.However, the exceptions from the basic rule about everyones right to freedom ofexpression must be prescribed by law, serve a legitimate interest and benecessary in a democracy.

Questions about how journalists work and the Medias capacity to provide accurate,reliable and timely information on human rights issues are at the heart of thiscommittee. It fires the opening shots in a fresh debate between journalists andhuman rights activists and others about the role of media in modern society.

Free expression in the shadows: legal restraintson journalismIn order to combat corruption and to monitor public affairs journalists need accessto useful and reliable information. Their job has been made easier over the pastdecade as dozens of countries have passed laws guaranteeing people access to

government information.Around 70 nations, covering more than half the worlds population, have freedomof information laws. But despite history and the recent information revolution,some countries display limp and inadequate commitment to the publics right toknow.Often campaigners achieve a legal breakthrough only to meet resistance frompolitical and official institutions which construct bureaucratic obstacles totransparency. One report from the BBC revealed that official reaction to public

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enthusiasm for access to information can lead to heavy fees or a reduction in thenumber of staff available to deal with requests leading to lengthy delays inproviding requested information.At the same time, concerns about security and terrorism have led to a narrowing ofavailable information with an increasing list of exceptions to what must be

released. Such restrictions are spread through international institutions.The manipulation of information to suit national interests, or military and strategicobjectives, particularly in time of war, is the banal reality of a journalists workinglife. As the political response to coverage of the military strikes on Afghanistanshows, no reporters even top drawer correspondents of the BBC, CNN or otherinternational media are immune from political bullying to serve their governmentsdefinition of the national interest. The best of journalists scorn and repudiate thissort of pressure.In the same way, campaigns against the worst of evil doing terrorism, modernforms of slavery, child exploitation, torture, extra-judicial killing, and incitement togenocide and racism are not exempt from journalistic questioning and media

scrutiny. Nor should they be. Therein lies the reason for so much of the bafflementand dismay that descends upon politicians, the human rights community, and hardworking NGOs when they consider media coverage of the human rights story.For many journalists, blasphemy laws are particularly difficult to navigate,especially when they provide special protection for the core beliefs of a particularreligion, but do not extend the same immunity to other beliefs, including ideasbased upon a secular view of the world. In many countries where there was or isstill a strong link between religion and the state, the law only protects one religion.The United Nations Human Rights Council regularly adopts resolutions calling fordefamation of religion laws and, even in Europe, threats to unwary journalistsremain.

The right to privacyThe issue arises when journalists do not accept that privacy should become aprotective cover for secrecy when matters of public interest are at stake. Theright to respect for private life, including privacy, is a human right, like freedom ofexpression. Article 8 of the ECHR determines that. But in many countries thisfundamental right is abused by state institutions. In countries ruled by totalitarianand military regimes invasions of privacy routinely intersect with violations of otherfundamental rights and freedoms including media freedom.Journalists, who are nowadays subject to official surveillance on an unprecedentedscale, should be among the first to demand protection for privacy rights, butserious media worry when too rigorous application of privacy rules may make itclose to impossible for them to publish anything touching on the fundamentalaspects of a persons private life such as their family life, sexual behavior,orientation or medical conditions and show that such publication is in the publicinterest.Certainly, it is impossible to ignore the need for more effective self-regulation inthis area. The recent controversy in the United Kingdom over illegal telephone

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hacking by journalists, for instance, has raised a question about the credibility ofmedia which claimed to have eliminated the practice and then were exposed ashaving misled both Parliament and their own Press Complaints Commission on thematter.In the end, what constitutes the public interest? is what defines the rights of

journalists to ask questions and file stories.Protection of sources, security and terrorismNearly 100 countries have adopted specific legal provision for journalists to protecttheir sources, either in the general laws or within constitutional protections for freespeech. In at least 20 countries those protections are near absolute. In countrieswithout any legal cover, journalists are more open to coercion to divulge theirsources, but in many democratic states exceptions that undermine this right arebeing extended while political and legal pressures are increasing, often on theback of concerns about national security.Generally, the courts do not give reporters an absolute right to protect theirsources and in recent years there have been numerous cases, some in the name ofcounter terrorism, where the authorities have applied pressure, both open andcovert, to obtain confidential material in the hands of reporters.In 2007 the International Federation of Journalists challenged the governments ofthe United States, Great Britain, Germany, Italy, the Netherlands and Denmarkover telephone tapping, planting spies in newsrooms, judicial intimidation andmischievous prosecution of reporters to unearth information about their contacts.Many of these actions have been made easier by the widening war on terrorism and the

cloak of security, which has raised concerns about weakening of civil liberties. Journalists

worry, rightly, that these are not isolated cases.

There is a need to recognize certain circumstances for exceptions to the principle of

protection of sources, but they argue these should be applied in strictly controlledcircumstances.

there is a serious threat to the physical integrity of the persons,

the information sought is crucial to prevent any harm to the physical integrity of people,

and

the information required cannot be obtained by any other means.

The change for journalismSpectacular advances in digital media have changed the way journalists work andthe way traditional media are organized. They have made newsgathering anddissemination of information global and there is a dynamic new space for dialogueand interaction with the audience.This is good news for freedom of expression, but atthe same time a deep economic crisis has blown

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media off course, particularly in the press. Newspapers across Europe havestruggled to adapt to structural change, technological convergence and the rise ofthe Internet.New forms of communication and online services provide fresh challenges. So-called "citizen journalism" and the growth of networked journalism legitimize the

use of amateurs in a weakened media industry.Within journalism these new debates are alsoreigniting discussions about the quality andobjectivity of public service media and not leastabout guaranteeing editorial independence. Insome countries such media, particularlybroadcasting, are seen as instruments ofpropaganda. Confidence in public media is verylow. The WikiLeaks incident at the end of 2010,when distinguished journalists on five of the

worlds leading newspapers The New York Times, The Guardian, El Pais, LeMonde and Der Spiegel were asked to filter thousands of detailed documentsleaked from diplomatic sources in the United States, proved beyond doubt that thefuture of ethical journalism is secure in a world where people are increasinglyoverwhelmed by information from an abundance of sources, most of which theycannot trust.The information challenge, therefore, is not just about journalism or the peoplewho work in media. It is necessary to open dialogues within journalism andbetween civil society, media practitioners and policymakers and to reach out tohumanitarian forms of thought from all sections of society, representing allcultures and communities.Human rights activistsHuman rights defenders face a number of challenges to their security situation,which impede their work. In the most recent report by the Special Rapporteur onthe Situation of Human Rights Defenders, several crucial issues were outlined. Oneof them is human right defenders stigmatization, which involves thecharacterization of more and more human rights defenders as terrorists orpolitical opponents, thus making their peaceful work appear as delegitimized.Another issue is the unlawful prosecution of defenders whereby many humanrights defenders have been prosecuted or imprisoned on the base of false charges.Additionally, ambiguous laws have been used by states to detain and arrest humanrights defenders, even without any charges. Often, their rights for a fair trial havebeen denied and instead of federal authorities securing the defenders right for afair trial, they themselves impede those rights. Another important aspect that hasto be taken into consideration is gender-based violence against defenders (womenare more often subjected to some forms of violence, including rape and sexualharassment).

Bringing structure to your debateThe committee is expected to bring into focus three elements of the shifting sands

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of international policy governing media and rights. First, superficially at least, theevolution of government language in relation to human rights and the elaborationof strategies that have pushed humanitarian intervention. Second, the evolution ofhuman rights law over the past ten years poses new challenges for policymakers,not least in the glacial progress towards establishment of an international system

of justice to bring to trial those guilty of serious violations of fundamental rights. Thirdly, the impact of technical and corporate changes in the global medialandscape has affected the work of journalists, media content and the newsagenda, particularly the way news media deal with human rights.How well, accurately, fairly and consistently do the media cover human rightsissues? How well do the media integrate human rights issues into their coverage ofinternational affairs? To what extent are they influenced in their coverage byfactors such as their own economic interests or their sense of what theiraudiences interests are? Do human rights gain or lose (compared to other themes)in the internal editorial decision-making process? How are stories chosen andprioritized? What is newsworthy?

Questions the resolution should answerHow can the issue of ethical journalism be addressed in a comprehensivemanner?

How can the issue of oppression against/by against human rights activists andjournalist be dealt?

How can existing efforts be strengthened?At what level can violence be addressed most effectively; local national international?

What are the mechanisms that can ensure the non-stigmatization of the mediashuman rights defenders work?What are the measures that can provide support to media and limit unlawfulimprisonment/prosecution?How can more awareness be raised within countries and on an internationallevel for both journalists and human rights defenders?

Is it possible for protection programs to be developed for both journalists andhuman rights defenders? What should these protection programs consist of?

And most importantly is government intervention or control necessary of is selfregulation the way to go about it?

Further material to aid your research

1) Article 13 of the Hague Regulations, part of the 4th Hague Convention1907 & Article 4A of the Third Convention of 1949 under Internationalhumanitarian lawAccording to Article 13 of the Hague Regulations, reporters who go with themilitary army, but do not belong to it, shall be treated as prisoners of war. The onlycondition for this treatment to be fulfilled is the possession of a reportersauthorization document, issued by the military authorities.

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Article 4A not only required an analogous treatment, but also gave reporters thestatus of prisoners of war. Reporters are defined as people, who can accompanythe military army without actually being member of it.

2) Article 79 of the Additional Protocol I 1977 to the Geneva Convention

1949Article 79 aims to protect the rights of journalists and rapporteurs in areas ofarmed conflict. Accordingly, journalists in areas of armed conflict shall beconsidered as civilians and shall have the same rights to protection as civilians.

3) Resolution 29, Condemnation of violence against journalists (GeneralConference 29th Session, Paris, 1997)According to this resolution, any crime against journalists shall be considered as acrime against society since it curtails the freedom of speech within a society. Also,it calls on Member States to implement certain measures in order to implementlegislation that allows the prosecution of individuals that instigate attacks toward

journalists.

4) Commission on Human Rights, Resolution 61/2000It calls for the appointment of a Special Rapporteur on the situation of humanrights defenders by the UN Secretary-General for the purpose of ensuringprotection of human rights defenders within countries; to ensure a bettercooperation with governments for the protection of human rights defenders and toexamine and respond to information regarding the situation of human rightsdefenders within countries.

5) Resolution 1738 of the Security Council (2006)

Security Council Condemns Attacks against Journalists in Conflict SituationsIt urges all Member States to prevent journalists from any violence and condemnsany intentional attacks towards them. Also, the resolution recalls that journalists inarmed conflicts have the status of civilians and shall be treated and protected assuch under international humanitarian law.6) Medellin Declaration (2007) The document, among others, emphasizes the need to investigate all crimescommitted to journalists and reporters as well as to ensure appropriate prevention.

7) Declaration on the Safety of Journalists on the 4th World ElectronicMedia Forum in Mexico City, 13 November 2009

The participants of the forum called for international action and strong cooperationbetween nations in order to address properly the increasing murders of journalistsand reporters around the world. They reminded everyone that a society cannot becompletely free if the freedom of expression is not guaranteed. Governments arethe main arbiters, which must protect the lives of their citizens, including journalists, protect their rights and ensure the lawful prosecution of anyindividual(s) who violate those rights.All in all and as mentioned above, the legal framework used for addressing the

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issue of human rights defenders is very limited and further development mightstrengthen it and ensure better protection of their rights. Furthermore, all therelevant conventions regarding journalists have not managed to strongly influenceand reduce the overall number of the violations committed against them. Thus, anew effort needs to be made in this direction also.

UNESCOUNESCO is another international agency, addressing the problem of human rightsdefenders and journalists. This is an agency of United Nations that has a mandateto protect the freedom of expression. The agency aims at collaboration on aninternational level for the promotion of mass media, mass communication,freedom of opinion and of ideas, and freedom of expression.Some of the well-known non-governmental organizations, dealing especially withthe protection of journalists are listed below:

The International Federation of Journalists

It focuses on threatened journalists and provides them with legislation andmaterial. The organization has established a Safety Fund that publishes a safetymanual.

The Committee to Protect JournalistsThis organization maintains a special impunity index for all countries that haveshown inability to react on numerous murders of journalists, reporters etc. for thepast ten years.

Reporters without BordersOn its website the organization maintains a press freedom barometers that

shows the number of killed journalists as well as number of journalists, being heldin jail. Also, the organization has uploaded a special map that marks countrieswhere there is a threat against mass media and freedom of expression.

The International Press InstituteThe organization deals with cases of murdered journalists and cases of journaliststhat face denial of justice.

The International Freedom of Expression ExchangeThis is a network of 88 regional and national organizations all over the world, which

work for the promotion and protection of freedom of expression.

http://www.protectionline.org/IMG/pdf/journalism_media.pdfhttp://www.amnesty.org/en/human-rights-defenders/background

http://www.protectionline.org/IMG/pdf/journalism_media.pdfhttp://www.amnesty.org/en/human-rights-defenders/backgroundhttp://www.amnesty.org/en/human-rights-defenders/backgroundhttp://www.protectionline.org/IMG/pdf/journalism_media.pdf

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ns Human Rights Council

By the Committee Directors of UNHRC

Frobels Model United Nations 2011