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United Nations Human Rights Council VMUN 2016 Background Guide 1


Dear Delegate, My name is David Yang and I have the distinct pleasure of serving as the Director of the United Nations Human Rights Council (UNHRC) at VMUN 2016. I am a Grade 12 at St. George’s School and have been involved in Model UN since Grade 9. In fact, my first committee was the UNHRC, so it is wonderful to come full circle to the end of my high school Model UN career. I have enjoyed every step of my Model UN experience and I hope you will too. This year at VMUN, I chose two pressing issues that are basic in the sense that delegates can easily research and inform themselves on, but also complex and requires a speedy answer quickly. The first topic, “The Protection of Schools During Wartime,” requires the full cooperation of all countries in the committee. This topic addresses a broader theme in human rights, which is the struggle for the rights of the child. There are many issues that need to be addressed, including the abuse of civilians by militant groups, economic aid for education-deprived countries, and the creation of a human rights program for those students that have been displaced and barred from the classroom. The second topic, “Asylum Seekers,” is another pressing issue that can be witnessed even today in the Mediterranean and Australia. This year, 1800 migrant workers have drowned in the Mediterranean Ocean. The process for asylum seekers is complicated and many are stripped for their human rights. The UNHRC has a responsibility to protect the rights of foreign aliens and to expedite and oversee the asylum seeking process. As a warning, there is quite a bit of information to comprehend in these two backgrounders. Please do not hesitate to contact members of the dais, including me. We will be happy to answer your questions. See you soon, David Yang Director of the United Nations Human Rights Council | VMUN 2016

Jake Hauser Secretary-General

Jason Liu

Director-General

Andrew Tsai Chief of Staff

Claudia Wang

USG General Assemblies

Chris Pang USG Committees

Alvin Tsuei

USG Delegate Affairs 1

Eva Zhang USG Delegate Affairs 2

Ashley Ng

USG Conference

Evan Johnson USG Finance

Isabelle Cheng

USG Sponsorship

Sunny Cui USG Marketing

VANCOUVER MODEL UNITED NATIONS the fifteenth annual conference | January 22-24, 2016


United Nations Human Rights Council

Position Paper Policy What is a Position Paper? A position paper is a brief overview of a country’s stance on the topics being discussed by a particular committee. Though there is no specific format the position paper must follow, it should include a description of your positions your country holds on the issues on the agenda, relevant actions that your country has taken, and potential solutions that your country would support. At Vancouver Model United Nations, delegates should write a position paper for each of the committee’s topics. Each position paper should not exceed one page, and should all be combined into a single document per delegate. For the United Nations Human Rights Council, position papers are highly recommended but not mandatory. However, in order to be eligible for an award, delegates must have submitted position papers. Formatting Position papers should: — Include the name of the delegate, his/her country, and the committee — Be in a standard font (e.g. Cambria, Minion Pro) with a 12-point font size and 1-inch document margins — Not include illustrations, diagrams, decorations, national symbols, watermarks, or page borders — Include citations and a bibliography, in any format, giving due credit to the sources used in research (not included in the 1-page limit) Due Dates and Submission Procedure Position papers for this committee must be submitted by midnight on January 8th, 2016. Once your position paper is complete, please save the file as your last name, your first name and send it as an attachment in an email, to your committee’s email address, with the subject heading as your last name, your first name — Position Paper. Please do not add any other attachments to the email or write anything else in the body. Both your position papers should be combined into a single PDF or Word document file; position papers submitted in another format will not be accepted. Each position paper will be manually reviewed and considered for the Best Position Paper award. The email address for this committee is [email protected].


Table of Contents

The Protection of Schools During Wartime .................................................................................. 5 Overview ............................................................................................................................................................ 5 Timeline ............................................................................................................................................................. 6 Historical Analysis ............................................................................................................................................ 7

Case Study: The Naxalites in Eastern India ....................................................................................................... 7 Current Situation .............................................................................................................................................. 8 Past UN/International Involvement ............................................................................................................. 10 Possible Solutions and Controversies ........................................................................................................... 11 Bloc Positions .................................................................................................................................................. 11

Europe ................................................................................................................................................................... 11 North America .................................................................................................................................................... 12

Discussion Questions ..................................................................................................................................... 13 Additional Sources .......................................................................................................................................... 13 References ........................................................................................................................................................ 14

Asylum Seekers to the European Union ...................................................................................... 15 Overview .......................................................................................................................................................... 15 Timeline ........................................................................................................................................................... 16 Historical Situation: Case Study: Greece ..................................................................................................... 17 Current Situation ............................................................................................................................................ 18 Past UN/International Involvement ............................................................................................................. 18 Possible Solutions and Controversies ........................................................................................................... 19 Bloc Positions .................................................................................................................................................. 20

Western World .................................................................................................................................................... 20 Eastern Europe .................................................................................................................................................... 21 Asia ........................................................................................................................................................................ 22

Discussion Questions ..................................................................................................................................... 22 Additional Sources .......................................................................................................................................... 22 References ........................................................................................................................................................ 23


United Nations Human Rights Council Topic A

The Protection of Schools During Wartime “Safety is something that happens between your ears, not something you hold in your hands.” - Jeff Cooper Overview

Figure 1: The military use of schools and universities are mostly prominent in the developing world, especially in countries located in Central Africa, South Asia, and the Balkans1

Schools are valuable strategic locations for many militant groups. Schools are normally surrounded by walls and come equipped with kitchens, bathrooms, and facilities that make hospitality for mobile groups for a long period of time. For a militant group, obtaining control of a school is vital to success in a conflict. Thus, whenever violence and conflict break out in a certain area, schools are usually the first type of institution to be exploited by militant groups. Schools are also the most important type of institution to protect, since they are the ones that educate the next generation. Schools are integral in child development, as they both teach educational material, social skills, and character in the hopes of allowing children to thrive in the future. Thus, the future of the area and all hope of long-term improvement are at stake. If schools and universities become less as centers of learning and more as centers of violence, the prognosis of an area will be grave and troubling. A militant group may corrupt schools and turn them into centers of religious fundamentalism, cultural insensitivity, and indignant violence. The lives of young people and rights to education are in particular risk in conflict-prone areas. When militant groups exploit an educational institution, the educational experiences of students are completely destroyed. Classes are disrupted, educational facilities are used for strategic military

1 http://www.protectingeducation.org/news/new-international-guidelines-address-insidious-gap-protecting-education-during-war


purposes, and many students are exposed to active recruiting and propaganda. In fact, many educational facilities can be used as breeding grounds for terrorism and violent religious fundamentalism. Drop out rates are also quite high in conflict-prone areas.2 As a result, the very integrity of education has been devastated and the barriers of education have been strengthened once again. Attacking a school violates the laws of war and also the human rights of students and their families.3 In times of violence, schools should instead be a safe haven where students learn survival techniques and perhaps even continue their education, a crucial asset to the future of an area. Military conflict can also affect the community indirectly. As resources are burnt up and exploited, the entire community, including schools, is affected. For instance, 100 schools were used as shelters for 300,000 people displaced by the Gaza Strip in the summer of 2014.4 Thus, schools can be affected indirectly without military involvement or attacks. The surrounding community is also a factor that needs to be controlled and stabilized for schools to function normally. Timeline 1582 —Spanish judge conceived the concept of immunity in that “the intentional killing of innocent persons” was prohibited during an armed conflict 1949 — The Geneva Convention confirms immunity for civilians, hospitalized people, and medical staff. The 1977 Additional Protocols adds to and strengthens this convention. 2005-2009 — Armed forces in 25 countries uses educational facilities for military purposes. In that time span, 290 schools have been destroyed or damaged as a result of the fighting in the Ukraine.5 Spring 2009 — 200 girls who had been granted government scholarships declined the money because the school they were to attend was being occupied by paramilitary troops.6 November 2012 — Representatives from governments, schools, and humanitarian schools came together to discuss policies that would protect schools during wartime. June 2013 — The Draft Lucens Guidelines were released, which outlined the negative effects of militant groups on students’ education when they decided to exploit educational institutions. April 2014 — Boko Haram in Nigeria kidnapped 276 female students. This event has also sparked the #BringBackOurGirls social media movement. July 2014 — Israeli soldiers launched attacked from inside schools on the Gaza strip. August 5, 2014 — The Beit Hanun High School for girls was used as an advanced base during Israel’s military offensive against the Hamas on the Gaza.7 September 18, 2014 — 15 killed in Kano City, Nigeria after Boko Haram opened fire on students8 2 https://www.youtube.com/watch?v=frwxVnscXio 3 http://www.crimesofwar.org/a-z-guide/immunity-from-attack/ 4http://unispal.un.org/unispal.nsf/47d4e277b48d9d3685256ddc00612265/f31583b2ade2b20685257e7c00492a71?OpenDocument 5 https://www.hrw.org/report/2011/07/20/schools-and-armed-conflict/global-survey-domestic-laws-and-state-practice 6 http://www.hrw.org/sites/default/files/reports/india1209webwcover_0.pdf 7 http://www.theatlantic.com/photo/2014/08/gaza-after-the-bombardment/100789/ 8 http://www.cnn.com/2015/01/09/africa/boko-haram-violence/


November 23, 2014 — Al-Shabaab massacres 28 non-Muslim Kenyan bus passengers, of which were mostly teachers travelling to a conference in Nairobi, the capital city of Kenya9 December 16, 2014 — 132 children, 10 school staff, and 3 soldiers were shot dead by the Taliban in a Pakistani school. An additional 100 were injured with gunshot wounds10 January 2015 — Approximately 290 schools have been destroyed as a result of the conflict in Ukraine11 April 2015 — Somali terrorist group Al-Shabaab attacked a university in Garissa, Kenya and killed 147 in an exclusive non-Muslim execution plan12 May 29, 2015 — 38 countries joined the Safe Schools Declaration initiated in Oslo, Norway, which provided many guidelines for the protection of schools during armed conflict. However, this agreement has not achieved widespread agreement June 18, 2015 — The United Nations Security Council discussed the topic of child soldiers and relief effort13. It was found that in the last decade, educational institutions in 26 countries have been used by the military. Historical Analysis In 1582, a Spanish judge as part of the inquisitional court of the Cardinal Archbishop of Naples suggested, “the intentional killing of innocent persons, for example, women and children, is not allowable in war.” This decree was issued after the judges of the court witnessed the immense brutality of the Roman Inquisition of Crypto-Jews of Spanish Naples.14 This promise of immunity for civilians, hospitals, medical staff, and the innocent was strengthened by the terms of the Geneva Conventions of 1949 and the 1977 Additional Protocols to the convention. However, despite the broad acceptance of international law that requires parties to spare civilians as much as possible in armed conflict, millions of people around the world are still experiencing the transformation of schools and universities into military bases for the battlefield. This may be a result of general ignorance of international law, or the lack of explicit and detailed norms and standards for the protection of schools against armed conflict. Case Study: The Naxalites in Eastern India15 In 2009, India was the victim of a series of sabotaged shootings of schools, as a result of an ongoing conflict between Naxalite insurgents and police and security officers in the eastern states of Bihar and Jharkland. These occupancies can range from a few days to an entire year, but severely devastated the education of India’s most malnourished and disadvantaged. Furthermore, the Naxalite insurgents, pan-Indian Maoist revolutionaries, have decided to desecrate entire schools, including those that are not

9 http://www.cnn.com/2014/12/16/world/asia/pakistan-peshawar-school-attack/ 10 http://www.cnn.com/2014/12/17/world/asia/pakistan-peshawar-school-attack/ 11 http://www.unicef.org/media/media_75652.html 12http://www.telegraph.co.uk/news/worldnews/africaandindianocean/kenya/11514500/Kenya-university-attack-They-were-lined-up-and-executed.html 13 http://www.un.org/en/sc/meetings/records/2015.shtml 14 The Roman Inquisition and the Crypto-Jews of Spanish Naples, 1569--1582


occupied at all. The government’s failure to repair the damages has enhanced the negative long-term effects of this conflict on the education of the future generation of this area. The Naxalites have claimed that they only intended to target and destroy educational facilities used by governmental security forces. However, the Human Rights Watch’s investigation has concluded that the claim was false, as at least 25 schools that were targeted in Bihar and Jharkland between November 2008 and October 2009 were undefended and unoccupied.16 Many have regarded the Naxalites’ decision to attack unoccupied schools as an intimidation tactic against the local communities. This also clearly displays the ignorance of international law, human rights codes, and Indian criminal law by militant groups. Also, a lack of monitoring by the national government has made it difficult to assess the extent of the damage caused. As part of its insurgency programs, the Naxalites have occupied schools and universities either temporarily or for extended periods of time. The groups may entirely shut down schools, allow schools to run alongside armed men, or force its own curriculum upon teachers in order to spread propaganda or breed religious fundamentalism and cultural supremacy. Attacks on schools by the Naxalites usually occur in evenings and are carried out with improvised explosion techniques known as “can bombs.” Although the insurgents do not appear to target students directly, the consequences of their actions have greatly impeded the educational potential of many young Indians who are trying to lift their area out of poverty. Also, damage on educational facilities has also affected the peripheral areas, either directly or indirectly. As a result, the destruction of the peripheral buildings has led to the loss of efficacy of other areas of society. For instance, a spike in school bombings around the time of the May 2009 Lok Sabha (Indian House of Representatives) elections have led to a virtual boycott of the elections.17 However, there are also times when Naxalite insurgents would target students during school hours. For instance, the Human Rights Watch identified an assassination that occurred in a school hall filled with students. Also, militant groups have occupied residential dorms where students typically stay overnight. Not only have soldiers impeded on the education of students, but they have also put the students and teachers in the middle of crossfire. The universal access and maintenance of education is critical to India’s rise as a world economic power. However, the ignorance of both the Naxalite insurgent groups and the Indian state governments has undermined the education of India’s future generations. Current Situation Today nearly 30 million children are living in conflict-prone areas.18 They suffer from a lack of funds from the international community, constant exploitation by ill-minded militant groups, and lack of access of educational resources that would normally be at their disposal. Twenty-six armed conflicts have used schools and universities in the past decade.19 Although it is

16 http://www.hrw.org/sites/default/files/reports/india1209webwcover_0.pdf 17 Ibid. 18http://www.unicef.org/media/media_75652.html?utm_source=GCPEA+All&utm_campaign=93bfc88ce0-Press_Release_Coalition_Girls_CHARGE_9_23_2014&utm_medium=email&utm_term=0_a4685a230a-93bfc88ce0-325292229 19 https://www.youtube.com/watch?v=frwxVnscXio


common knowledge that attacking a school violates the conducts of war, the use of schools for military purposes is perfectly legal. This is a critical loophole for many militant groups to exploit, and the safety and lives of children are at risk when militant groups are exploiting schools. Malala Yousafzai, a fifteen-year old girl in school, was shot in the head and almost killed by the Pakistani Taliban after Malala resisted and fought for girls’ right to go to school in conflict prone areas.20 Every child who lives in conflict prone areas loses their childhood, as schools are used as detention centers, torture chambers, and dormitories for the armed forces. Children are either displaced or forced to attend school alongside armed men. Especially for children in conflict prone areas, education is their life line and hope for the future. A third of the schools in the Central African Republic “had either been struck by bullets, set on fire, looted, or occupied by armed groups.21” In 2014, there have been unprecedented challenges to the protection of schools in war-torn countries such as the Central African Republic, Israel, Palestine, Nigeria, Syria, South Sudan, and Iraq. Tens of millions of children in these areas grow up looking at damaged or destroyed schools from a distance. According to the United Nations’ report on the status of schools in conflict-prone areas, there has been an increase in abductions of children in the past year, most notably involving the girls of Nigeria.22 Meanwhile, the Islamic State of Iraq and the Levant (ISIL) has waged ruthless campaigns against schools. The abduction of children was seemingly a precursor to other violations such as maiming, sexual use, and killing. However, militant groups now also use abduction tactics with the intent to terrorize and target a particular ethnic or religious community. So far, the Islamic State in Iraq and Syria has “abducted approximately 150 young boys on their way home from school exams in Aleppo.”23 The boys were physically abused, indoctrinated with religious fundamentalism, and forced to observe and engage in violence and sexual practices. This information is only a small sampling of the physical, medical, psychological, and legal assistance that children in conflict prone areas require. 2014 was a peak year in terms of violence. The deaths and injuries of children reached record levels as acts of violence were aimed to inflict the maximum amount of damage possible, evoke terror from communities, and cause widespread outrage from the international community. Groups such as Boko Haram and the Islamic State of Iraq and the Levant (ISIL) have transitioned their tactics to the targeting of schools and consequently young people since they “fundamentally do not agree on the role of education in society.”24 So far, children have been subject to sexual violence and have been recruited and exploited by either local militia or government. While under hostage, children are usually deprived of their civil liberties. For instance, they are often detained without legal rights and the militant groups do often not meet international juvenile justice standards. After the violent incidents, the reintegration of children back into society is usually very difficult. Many governments and relief programs do not pay much attention to reintegration programs, and such plans are usually sparse and not comprehensive. When military operations are executed in a conflict-prone area, they should be coupled with social programs that will fully aid the children in their efforts to return to normalcy. Currently, the United Nations Children's Fund is a United Nations Program (UNICEF) maintains educational opportunities for children, even in the middle of crises. Such programs have included

20 http://www.aworldatschool.org/news/entry/10-reasons-why-children-dont-go-to-school-1350 21http://www.unicef.org/media/media_75652.html?utm_source=GCPEA+All&utm_campaign=93bfc88ce0-Press_Release_Coalition_Girls_CHARGE_9_23_2014&utm_medium=email&utm_term=0_a4685a230a-93bfc88ce0-325292229 22http://www.un.org/ga/search/view_doc.asp?symbol=A/69/926&Lang=E&Area=UNDOC 23http://www.un.org/ga/search/view_doc.asp?symbol=A/69/926&Lang=E&


temporary classrooms, alternative learning quarters, and provision of educational supplies, self-directed study programs, homeschool programs, radio programs, and humanitarian along with everything. However, these programs are severely underfunded, as UNICEF only received 2 percent of all funds raised for humanitarian efforts, including a $247 million dollar shortfall from the United States.25 Education, including support and investment for crises, has become an essential part of humanitarian responses. However, if such efforts are underfunded, fewer children will be reaping the benefits of international aid programs. Past UN/International Involvement In 2010, the Global Coalition to Protect Education from Attack (GCPEA) was established by organizations from the fields of education and human rights in order to protest against the use of educational facilities for military purposes.26 In November 2012, governments, humanitarian groups, and other organizations came together in Lucens, Switzerland to develop strategies to protect educational institutions for the first time. The result of their collaboration was the “Draft Lucens Guidelines,” which was a list of recommendations released in June 2013.27 The document stresses the need for alternatives to schools as military bases and condemns any form of military presence around educational facilities. However, only 29 countries have ratified the agreement, with Norway taking the lead. Also, 38 countries joined the new Safe Schools Declaration at the United Nations Security Council debate on children and armed conflict that occured on June 18, 2015.

25 http://www.ipsnews.net/2015/05/relief-organisation-urges-mandatory-funding-for-humanitarian-appeals/ 26http://reliefweb.int/sites/reliefweb.int/files/resources/Education%20under%20attack_2014.pdf 27 http://www.protectingeducation.org/draft-lucens-guidelines-protecting-schools-and-universities-military-use-during-armed-conflict


Possible Solutions and Controversies When schools and universities are targeted in a strike, demolition, or occupancy by militant groups, it is the clear responsibility of governments to respond quickly and effectively to limit the negative effects of the attack, act quickly to repair broken infrastructure, and offer psycho-social support and alternatives to education for all affected. Also, specific instances where the use of schools for the purposes of the police and local security personnel can be justified on legitimate humanitarian grounds. For instance, delegates can propose that police can only use schools in a temporary period of time up to even a week. However, long-term use of educational facilities should be prohibited deemed ground for dismissal. Delegates should draft a protocol for engagement when dealing with schools in conflict-prone areas. Some terms may include the immediate ceasefire against civilians and cease activities that may harm the life of civilians in any way. The role of information in this topic is also crucial. Many tactics such as issuing public statements directing militant groups to respect the integrity of civilians under international humanitarian law may be effective. Also, the role of government in initiating and completing repairs for damaged areas is integral to success in this issue. If needed be, international organizations such as the UNDP and the UNHRC can aid in expediting repairs. Special emergency funds, state cooperation, and relief projects are some of the various methods that can make sure that children are able to return to school faster. Extra security measures should be taken in order to prevent the inappropriate use of schools and educational facilities for military purposes. Precautions should be made to protect children and other civilians in case aggression is seen. Lastly, relief programs and security personnel should make an effort to collaborate with the local community, rather than impose their will onto them. Schools are supposed to be centers of peace and calm that can restore the turmoil within conflict prone nations. In essence, there should first be a call for all parties involved to halt all grave violations against children. There should be an accountability system that will hold member states responsible for violations in their borders. Also, all security and humanitarian operations must be carried out in full respect of international standards for human rights. All nations should develop a system of monitoring and reporting on damage caused by militant groups against schools in order to communicate clearly with all actors of the issue. The recruitment of children and damage to schools also opens up a new frontier of psychological damage. Thus, nations should discuss ways in which children can be protected, rehabilitated, and reintegrated back into society. Alternative educational programs and vocational training programs should be offered to students whose schools have been torn apart. Lastly, grave violations or attacks on schools should be deemed serious impediments on international human rights and can be included as means for sanctions in the United Nations Security Council (UNSC). Bloc Positions Europe Currently, the United Kingdom houses international development programs that can be of particular aid to conflict-prone countries. Countries in Western Europe have made significant strides in protecting schools and children during wartime or conflict. For instance, Ireland’s Defense Act of 1954 prohibits military encampment or maneuvers even in the vicinity of school grounds. In the same manner, the United Kingdom has taken a step further by prohibiting any use


of educational institutions that may expose it to damage through the Manual of the Law of Armed Conflict passed in 2004. However, the same cannot be said for the rest of Europe, especially Eastern Europe, where conflicts such as the Ukraine crisis still rage on. This conflict has “left 147 schools closed and disrupted the education of some 50,000 children since September 1, 2014.”28 This also created ripple effects that discourage parents from registering their children in schools since they believe that fighting may revive and displacement will occur again. Countries with displaced children are lacking programs for relief and urgently require more developed countries such as the United Kingdom, France, and Spain to help in multilateral efforts. Developmental programs such as the distribution of educational kits, care packages, trauma therapy, psycho-social outreach, and emergency health supplies are still underfunded and underdeveloped. North America Like the United Kingdom, the United States also has plenty of international development programs that can be of particular aid to conflict-prone countries. The United States’ policy to international conflict has always been to avoid schools and civilians. In fact, the United States is an exemplary model for other developed nations to follow. Forces in Iraq, for instance, are less focused on warfare and more focused on “educating Iraqis as they move back to normalcy.”29 In recent years, American forces in Iraq have pioneered the reconstruction of two schools and provided job training to many displaced Iraqis. These operations are great examples of cooperation with local officials, who often get left out of the discussion international programs. In particular, North America was greatly affected by the #BringBackOurGirls social media campaign, which raised awareness for various human rights violations against young children and educational rights in Kenya, Iraq, and most notably Nigeria. However, many policy makers in North American countries are complacent and the protection of schools is not of priority for their international plans. However, this issue should be at the top of humanitarian concerns. The question of “is it wiser to win a war or lose an entire generation?’ needs to be asked. In fact, millions of children depend on the resources of the well-off North American countries to continue their education in conflict-prone areas. South America In Colombia, the citizens have endured a long 50-year period of conflict where they saw the very essence of their society torn apart. Schools were also heavily occupied in the past decade. One particular trend to note is that the children living in rural and poorer areas usually experienced more violence than other children from more well-off families. Although wealth may be a crucial determinant of other factors such as political instability and the quality of public education are also factors that countries may need to address should they hope to rebuild and maintain educational systems in conflict-prone countries. Africa and Southeast Asia African and Southeast Asian countries are perhaps the most volatile and conflict-prone countries on the map. In particular, Pakistan has been a hub for violent conflicts, where its educational institutions serve primarily as home bases to many militant groups and education is usually a second thought. The most violent and unpredictable countries include the Democratic Republic of Congo, South Sudan, Yemen, Afghanistan, Pakistan, India, and Thailand. In the Democratic Republic of Congo, the militant groups of the Katanga province alone occupied 64 schools.30 In

28 http://www.unicef.org/media/media_78177.html 29 http://www.defense.gov/news/newsarticle.aspx?id=53710 30 http://www.globalpost.com/dispatches/globalpost-blogs/rights/education-in-wartime


2011, South Sudan occupied at least 21 schools and drained almost $67,000 US Dollars for reparations costs and affected almost 11,000 children and their families.31 In Yemen, Houthi rebels were able to prevent 30,000 children from attending schools in 2010. In India, nearly 40 schools were burned down and the closure of 79 schools in Thailand displaced and stripped 20,500 students of their educational rights.32 Discussion Questions

1. How can the legal frameworks of conflicts be updated or improved in order to cover any loopholes that militant groups can exploit?

2. How can countries contribute to relieve the psychological damages caused by the militant use of schools?

3. How can a system of accountability be established in order to hold state and non-state actors responsible for the use of schools as military facilities?

4. How can the use of schools as military bases be monitored? 5. Should education continue amidst a conflict? Or should students be provided with

alternative educational opportunities? 6. How can international humanitarian groups interact and communicate effectively with

non-state actors such as ISIL, Boko Haram, and local militia? Additional Sources http://www.hrw.org/sites/default/files/reports/india1209webwcover_0.pdf This is the link to the case study, which involved the Naxalite militant groups of India and the children of the surrounding neighborhood. http://protectingeducation.org/sites/default/files/documents/draft_lucens_guidelines.pdf The Draft Lucens Guidelines are proposals set forth by the countries that attended the humanitarian event in Oslo. These represent incomplete and impractical plans that need to improved, but provide a great starting point for delegates. http://www.globalpost.com/dispatches/globalpost-blogs/rights/education-in-wartime This article provides a brief overview of the current situation of the state of education in wartime. http://news.nationalpost.com/full-comment/matthews-schouela-protecting-schools-during-wartime This article presents a broad overview of Canada’s role in the issue and the role of North American governments in solving the crisis. http://www.crimesofwar.org/a-z-guide/immunity-from-attack/ This is the current legal definition of immunity during times of war and who is eligible for immunity. Delegates should consider updating this definition to fit the present age.

31 Ibid. 32 Ibid.


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president, united nations, UN, peacekeeping, peacebuilding, conflict resolution, prevention. Retrieved August 1, 2015.


United Nations Human Rights Council Topic B

Asylum Seekers to the European Union Overview

Figure 1: Country of Origin of Asylum Seekers33

All across the world, many citizens who seek better living conditions outside of their home country place global leaders in a difficult situation. Many people in the world are at risk in their home countries because of who they are. Tensions and discrimination concerning religion, sexual orientation, ethnicity and political opinions cause thousands to flee their home countries daily. This year, 1800 migrants and refugees have drowned in the Mediterranean Ocean.34 The process for asylum seekers is complicated and many are stripped for their human rights. The UNHRC has a responsibility to protect the rights of foreign aliens and to expedite and oversee the asylum seeking process. According to the 1951 Convention Relating to the Status of Refugees, an asylum-seeker is an individual who has sought international protection and whose claim for refugee status has not yet been determined.35 The problem of asylum seeking and refugees is very much an international topic. The issue has a great effect on the age composition of nations and can put much strain on a nation’s dependency load. On the other hand, countries may argue that it is immoral for a country to deny an asylum seeker access. There is a huge dilemma present in the topic, as some countries prefer a closed door immigration policy while others are open to refugees. Finally, anti-smuggling efforts should not put the rights or lives of migrants and asylum seekers in jeopardy or deny them access to the international protection that is their right. This topic includes countries from all over the world. For instance, the ethnic Rohingya in Asia flee persecution in Burma, Indonesia, Thailand, and Malaysia, but they have also been accused of abusing smuggling ships and sometimes even towing them and holding illegal immigrants in substandard living conditions. Many facets of the topic can be explored, including search and rescue programs, economic restructuring programs that can help contributing countries, and other subtopics include domestic strife, race discrimination, and the role of NGOs and governmental institutions in providing aid for donor countries. 33 http://www.unhcr.org/pages/49da0e466.html 34 http://www.nytimes.com/interactive/2015/04/20/world/europe/surge-in-refugees-crossing-the-mediterranean-sea-maps.html?_r=0 35 http://www.unhcr.org/pages/49da0e466.html


Timeline 600 – The right to seek asylum in a church or other holy place was first codified in law by King Ethelbert of Kent Late 1700s – European romantic nationalism caused the phrase 'country of nationality' to become practically meaningful, and for people crossing borders to be required to provide identification. 1921 - It is estimated that about 800,000 Russian refugees became stateless when Lenin revoked citizenship for all Russian expatriates36 1924 – The Immigration Act was passed by the United States Congress in order to further restrict immigration by Southern and Eastern Europeans, which barred many Jews and Slavs in World War I and II from entering into the United States 1935 – Jews were stripped of citizenship under the Reich Citizenship Law 1938 - The Nansen International Office for Refugees (Nansen Office) created the Nansen passport, a refugee travel document, for which it was awarded the 1938 Nobel Peace Prize. 1951 – The Refugee Convention is a multilateral treaty that defines who is a refugee and sets out the rights of asylum seekers and the responsibilities of nations that grant asylum. The convention states that war criminals cannot be labelled as asylum seekers and provides visa-free travel. This convention builds on the Universal Declaration of Human Rights and recognizes the right of persons to seek asylum from persecution and are entitled to all articles as part of the Universal Human Rights Code. 1976 - Thousands of refugees enter Australia in the aftermath of the Vietnam War 1992 - Mandatory detention laws for all foreigners who arrive in Australia without a visa are introduced by the Keating Labor government, with bi-partisan support. 2001 - The European Justice and Homes Affairs Ministers put forth a proposal that would deny the right of asylum seekers to stay in the country where they have lodged their asylum application, beginning the wave of anti-asylum sentiments in Europe. September, 2009 - More than 1100 passengers and over 46 crew have arrived in Australia by boat37 April 23, 2015 - hundreds of migrants were kept in the days before their boat sank, killing up to 800 people. Only 28 people survived38 June 25, 2015 - European Union leaders to meet to relocate as many as 40,000 asylum seekers from Italy and Greece to other countries39 August 1, 2015 - Hungary’s new asylum law states that asylum claims from people originating from “third world” countries will not be considered, August 6, 2015 - 373 people were rescued, and 26 bodies were recovered from the shipwreck. With survivors saying the boat carried about 600 people, and rescue operations winding down, the final death toll may be much higher.40

36 http://www.rcgroups.com/forums/showthread.php?t=2485695&page=5 37 http://www.sbs.com.au/news/article/2009/10/14/timeline-asylum-seekers 38 http://www.theguardian.com/world/2015/apr/21/survivors-800-migrant-boat-disaster-reach-italy-catania 39 http://www.theguardian.com/world/2015/may/27/eu-countries-take-40000-asylum-seekers-migration-quota-syria-uk 40 https://www.hrw.org/el/node/280044


August 18, 2015 – UNHCR reports that the number of refugees and migrants arriving in Europe by sea this year stood at some 264,500 as of August 14, including 158,456 to Greece, about 104,000 to Italy, 1,953 to Spain and 94 to Malta.41 Historical Situation: Case Study: Greece In the past eight months, anti-asylum measures have been drastically taken in Europe, and an anti-asylum sentiment is also brewing amongst citizens of asylum-receiving nations. There have been numerous situations over the past couple of years that have caused the issue to brew significantly. To start off, the humanitarian situation in Greece has caused the need for urgent EU support. The already debt-stricken Greece is on the brink of financial collapse, and is “unable to meet the most basic needs and obligations toward the people who arrive there, the vast majority of whom are fleeing violence and repression.”42 Vast numbers of refugees and asylum seekers are swarming into Greece and the national government is simply unable to accommodate the immigrants due to its economic situation. Since May 2015, more than 1,000 people arrive every day to Greece, which has heavily strained the country’s financial resources.43 Upon arrival on the islands of Lesbos, Chios, and Samos, asylum seekers are screened in centers surrounded by razor wire for a week or less, until the authorities are able to identify, register, and fingerprint them. Chronic overcrowding, unsanitary conditions, and inadequate access to food and healthcare have created conditions in these facilities that fall significantly below international and national standards and may amount to inhuman or degrading treatment. Although aid is given in the form of doctors, social workers, and the United Nations refugee agency (UNHCR) present at the screening centers, these personnel cannot ensure a continuous presence and the shortage of interpreters makes communication about asylum or any other subject extremely difficult. People of all ages, ranging from children to the oldest elders, are severely overcrowded and crammed in unsanitary conditions in these camps. As a result, many asylum seekers are forced to sleep in open streets and community centers where they wait to have their immigration status processed by the department of immigration. Detainees claimed, “they only had access to water 30 minutes a day”44, which gives insight to the dire situation of many refugees. On some islands in Greece, immigration status processing centers are unavailable and there is no reception system. New arrivals on Leros are taken to the police station and often released on the same day.. Local volunteers help to meagrely coordinate housing, food, clothing, and medical care with barely any aid from the state. Processing usually takes about three weeks due to numerous factors including mass numbers of arrivals, lack of staff, and poor technical capacity and coordination between the government, workers, and local residents. Fortunately, Doctors Without Borders has provided tents to compensate for the squalid conditions that asylum seekers were living in, but the Greek government has been particularly unresponsive to the people’s needs. A lack of space across Greece has led to the prolonged detention of children in screening centers. Greece has only 323 places for unaccompanied children.45 While adults may be released in just a few days, children may be held for three weeks or more. The Human Rights Council of the United Nations has also reported of rising deteriorating conditions on the islands, including heightening

41 http://www.mytwintiers.com/news/migrants-stranded-at-greecemacedonia-border 42 https://www.hrw.org/news/2015/07/11/greece-humanitarian-crisis-islands 43http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/CEC1EEC6D9D00F58C1257E7E00520F88?OpenDocument 44 https://www.hrw.org/news/2015/07/11/greece-humanitarian-crisis-islands 45 https://www.hrw.org/pt-br/node/279163


tensions and problems in food distribution. Simply put, the economic and political circumstances of Greece make it an uninhabitable location for asylum seekers, even if only for a couple of weeks. Although Greek law has progressed to the point that it is necessary to provide asylum seekers basic human rights in accordance with international standards, follow up is lacking. The law provides for placing mobile first-reception units in police screening centers on the islands to identify vulnerable groups such as unaccompanied migrant children and to conduct medical screening. The units also provide socio-psychological support and information on the rights of migrants and asylum seekers, and refer vulnerable people such as unaccompanied children and victims of torture to social services. At present only two such units are operating, on Lesbos and Samos, and they are understaffed. Most new arrivals, including unaccompanied children and other particularly vulnerable people, have no access to the services that should by law be available. Current Situation It is clear that many people are risking their lives and offering their futures in order to reach Europe. To help minimize further deaths, the United Nations should sustain its search-and-rescue operations in the Mediterranean. Italian and Irish ships, as well as boats by privately funded Migrant Offshore Aid Station (MOAS) and the nongovernmental humanitarian group Doctors Without Borders participated in this week’s rescue. The response to this incident should be carefully evaluated to identify if anything went wrong, and how to ensure the swiftest, safest, and most effective response in the future. But beyond rescue, the UN should establish and expand safe and legal channels into the UN – ways in which migrants, asylum seekers, and refugees can apply to reach European territory without having to risk their lives or resort to criminal networks – as alternatives to dangerous migration routes. These can include facilitating family reunification, granting more humanitarian visas, and increasing significantly the number of refugees resettled from other regions of the world "Now, more than ever, it is time for UN leaders to stand back for a moment and consider the human rights implications of their new measures on asylum, giving explicit assurances that any measure to tighten security will not undermine the right of refugees to protection" said Dick Oosting, Director of Amnesty International’s EU Office. In 2001, the Justice and Homes Affairs Ministers put forth a proposal that would deny the right of asylum seekers to stay in the country where they have lodged their asylum application, while awaiting the outcome of their appeal.46 So far, it seems that refugee protection is a dark spot in the European Union’s human rights plans. "Amnesty International is deeply concerned that the focus of the EU’s asylum policy is overwhelmingly on how to keep people out, rather than how to protect effectively people fleeing from war, civil upheaval and grave human rights abuses," said Dick Oosting, Director of Amnesty International's EU Office in Brussels.47As a result, the United Nations Human Rights Council needs to devise a plan that will accommodate the nations of Europe in the Mediterranean Crisis. Past UN/International Involvement At a European Council meeting on June 25, European Union leaders to relocate as many as 40,000 asylum seekers from Italy and Greece to other countries. However, leaders rejected the European Commission’s proposal for compulsory distribution of asylum seekers. However, factors based on criteria such as a member state’s gross domestic product, unemployment rates, and the number of asylum seekers and refugees already in the country will be taken into consideration. The Human 46https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/121483.pdf 47 http://www.amnesty.eu/en/news/press-releases/eu/asylum-and-migration/the-asylum-crisis-a-human-rights-challenge-for-the-eu-0012/


Rights Watch has urged European Union countries to seriously consider taking countries from Greece and relieving the hefty burden of swarming asylum seekers from the Mediterranean. There needs to be significant reform concerning reception conditions, including shelter, toilets, food, and access to basic healthcare as well as enough interpreters, human resources, and technical capacity to support people, identify their vulnerabilities, and process them more quickly. Authorities should provide suitable accommodation for particularly vulnerable asylum seekers, including children, people with disabilities, survivors of torture, and victims of trafficking. Greek authorities should expedite processing of families with children and unaccompanied children on the islands, and avoid detaining children, in line with recommendations from the UN Committee on the Rights of the Child, which oversees compliance with the children’s rights convention. The Greek government should ensure sufficient capacity in shelters for unaccompanied migrant and asylum-seeking children to minimize detention time pending transfer to shelters. The UN should provide financial assistance to the Greek government to achieve these goals. “While everyone is feeling the effects of the economic crisis in Greece, those on the margins, like migrants and asylum seekers, are particularly vulnerable,” Cossé said. “The EU can and should do more to help these often-forgotten victims.” It is also not just European countries that hold a stake in this discussion, but also countries around the entire world. In Australia, Tony Abbott promised to “stop the boats” of illegal migrants attempting to cross into his country, as Australia’s policies have become hardline in the past few months. Meanwhile, the Russian Prime Minister Vladimir Putin blamed Obama and the U.S. government for the migrant crisis in the Mediterranean, as he believes they were a result of American officials pressing an “erroneous foreign policy on regions with different historical, political, and economic backgrounds.”48 In South Africa, many refugees are escaping into neighbouring countries as a result of recent deadly bombings that have been executed upon the millions of migrants that entered the country from the rest of Africa. Possible Solutions and Controversies Although numerous conventions and treaties have sought to tackle the problem of asylum seeker exploitation, it still remains an ongoing issue today. To start, there is a need for a comprehensive human rights code for asylum seekers. Every aspect, from food, water, shelter, and legal rights should be included in this comprehensive human rights code. As soon as an asylum seeker enters foreign boundaries, he or she loses primary legal rights. The least the international community can help is by enacting a universal and common legal code that protects the basic rights and needs of asylum seekers. The EU’s response to the Greek catastrophe should include consideration of Greece’s outsized share of asylum seekers and for the rights and well-being of the asylum seekers themselves. For example, Indonesia is a major nation that provides migrant workers for countries around the world. Thus, the country strives to protect its migrant workers abroad by pressuring Middle Eastern countries to enforce standard working conditions, fair pay, and numerous other terms listed in international treaties and conventions. 48 http://www.breitbart.com/london/2015/09/04/putin-us-to-blame-for-the-migrant-crisis-in-the-mediterranean/


Also, nations need to make a decision in terms of border control regulation. Should borders be more strict or open in allowing asylum seekers into the country, or should the rate of acceptance be based off a case-by-case basis? Inevitably situations such as the one in Greece will involve massive shipwreck of asylum seekers on the world’s oceans. Thus, rescue and relief programs should be offered by the international community and associated countries in this case. Moreover, countries should treat asylum seekers with respect, and not view them as a burden. Asylum seekers are also humans that want a better and brighter hope in life. Countries may also employ an organized system of equitable distribution within unions such as the European Union and African Union in order to resolve and deal with asylum seeker over flow. For instance some particular countries such as Italy, Malta, and Greece are overly strained in terms of accepting asylum seekers and the overflow has taken a significant toll on the health of the economy and dependency ratios. Also, these nations will soon adopt a harsh policy against asylum seekers that will inevitably violate human rights laws and cause conflict internationally. In particular, leaders in the international organizations and unions should propose fairer distribution of asylum seekers, a generous resettlement of refugees and a smoother family reunification process. Lastly, Governments should also provide safe avenues to asylum seekers seeking protection, ease restrictions on family reunification, and increase refugee resettlement. Bloc Positions Western World In particular, the United Kingdom has recently been accused to adopting a policy of discrimination in the screening process of asylum seekers from Eritrea. In July 2015, the United Kingdom has reported an increase in human rights conditions for Eritreans as an excuse to deny access to asylum seekers. However, the Human Rights Watch’s recent investigation concludes that Eritreans continue to suffer from long-standing abuses. This is an interesting case, as delegates would have to assess the arguments of national sovereignty, universal human rights, and the place of human rights in international law. More countries are concerned with the number of asylum seekers in their country than the protection of human rights. Recently, David Cameron, Prime Minister of the United Kingdom, has referred to the asylum seeking population moving through the Mediterranean as a swarm and claimed that it will ruin the United Kingdom and Europe’s standard of living. Although deaths have been reported all throughout Europe and the Mediterranean, the UK government has only responded with additions of taller fences, sensitive dogs to sniff, and other measures that make it easier for landlords to evict asylum seekers without legal rights. Secretary Theresa May announced in 2012 that the country’s goal was to create “a really hostile environment for illegal migration.”49 However, UK leaders are beginning to listen to the voices of those asylum seekers that have been integrated as part of British identity, culture, and diversity. Prime Minister David Cameron is currently promising a humane European response to the Mediterranean crisis, but results are still waiting. In France, the port town of Calais in the north of France has been a popular destination for asylum seekers. Hundreds of asylum seekers are housed in Calais, all with the hope of reaching the United Kingdom, which is just across the sea from France. According to Human Rights Watch, the resources the asylum seekers have are very basic and some have said that conditions are worse than their hometown. Since the spring of 2014, the number of asylum seekers in Calais has increased 49 http://www.telegraph.co.uk/news/uknews/immigration/9291483/Theresa-May-interview-Were-going-to-give-illegal-migrants-a-really-hostile-reception.html


dramatically, with the French government reporting 2,400 people. These asylum seekers are sleeping outside in tents, in the streets, in squats, living with very limited access to water, and no sanitation. Also, there have been many reports of police abuse and harassment. Many asylum seekers attributed their visible injuries to the damage and insincerity the police has shown. Thus, it may be opportune for the asylum seekers to have legal rights and human rights in foreign countries upheld by the United Nations Human Rights Council. Anybody responsible for police abuse should be brought to justice and the French government has to convict to send a clear message to all police that asylum seekers hold basic and international human rights in France. "We need to help people who are actually there and can't get away. And part of the way we need to help them is to stop the awful violence that is being directed at them, displacing them and killing them." Canada has contributed six CF-18 fighter jets and 69 Special Forces soldiers training Kurdish fighters to the international coalition fighting the Islamic State of Iraq and Syria. "It is simply not acceptable to pretend that you can deal with this crisis by dealing with just one small aspect of it," Harper said, referring to calls for the government to immediately start accepting more refugees. Eastern Europe Hungary’s new asylum laws as of August 1, 2015 states that asylum claims from people originating from “third world” countries will not be considered, and the personal shall be transported back to the country in the mode that they travelled. Many asylum seekers, in fact 99% of the 90,000 migrants, entered Hungary through the Serbian-Hungarian border.50 Since the Hungarian deemed Serbia safe for asylum seekers, Hungary has effectively relieved itself of the burden of asylum seekers. However, Serbia is far from safe for asylum seekers. In April of 2015, Human Rights Watch documented various abuses of asylum seekers by Serbian police. There have also been major flaws in the asylum system of Serbia, which was confirmed by a July report of the state of asylum seekers in Hungary by Amnesty International.51 Through all of this, a clear conclusion can be drawn that confirms Serbia as a dangerous location for asylum seekers. In addition to the August 1st law passed by the Hungarian government, the government has also issued subsequent conditions such as an accelerated procedure to assess asylum claims, a 3-day limit for judicial review, and the requirement of various legal documents. These conditions undermine due process rights. Hungarian has particularly been known as an anti-asylum country, with various changes such as a biased “national consultation” on migration, an anti-migrant public relations campaign, the construction of a 4-meter-high fence on the Serbian-Hungarian border, and public abuse and shaming. Hungarian is in second behind Sweden for the most asylum applicants per capita in the European Union. However, the protection of asylum seekers is a binding law in the European Union, and Hungary has been a signatory and partner of various international asylum laws and treaties. The Hungarian government is obviously pressed in a confusing dilemma where both sides of the issue cannot be addressed or pleased. The Human Rights Watch report proposes that Hungary ensure that all asylum claims are processed based on individual assessments of the merit of their claims, that asylum seekers are given reasonable time to appeal negative decisions, and that asylum seekers are not compelled to put themselves or others at risk by contacting authorities in their countries of origin to prove their identities. As a result of the Mediterranean Crisis of asylum seekers which saw 1800 migrant workers drown, European countries such as France and Italy play a pivotal role in this topic.

50 http://www.theguardian.com/world/2015/jun/22/migrants-hungary-border-fence-wall-serbia 51 http://www.amnestyusa.org/sites/default/files/ser-mac_migration_report_final.compressed.pdf


As a leader of the EU, Germany plays a pivotal role in the Mediterranean crisis. This represents a decisive turning point for the EU. It is an opportunity to show the world that the EU can react with humanity and solidarity to the refugee crisis unfolding on its borders. Even after refugees have survived the treacherous trip across the Mediterranean, they are still at the mercy of governments such as the United Kingdom and France. Asylum seekers live in makeshift tents and substandard conditions. Asia In Asia, Japan has donated billions of US Dollars, but asserted their position in refusing to take in refugees to the country. Known as a culturally homogenous society, Japan is very reluctant to take in and include more refugees. China is also not interested in refugees but only self-orientation. Unlike India, China ratified the 1951 Refugee Convention. But it limits registration of refugees and restricts access by the United Nations’ refugee agency to populations in China. The government has also refused to protect North Koreans who cross the border as refugees, treating them instead as economic migrants subject to forced repatriation. For the most part, Asia’s two most populous countries said and did little to help. Thailand and Malaysia may not take in refugees due they are still crowded with fleeing migrant workers from other countries. Discussion Questions 1. How can there be a system of providing adequate resources to asylum seekers? 2. How can a legal framework be set up in order to provide legal rights and basic human rights to asylum seekers? 3. To what extent can asylum seekers house themselves in the immigrating country? 4. How can the United Nations hold receiving countries accountable for the care of asylum seekers? 5. How can the different crises in the Mediterranean, Australia, and Europe be addressed? 6. How can international organizations fund multilateral efforts to send aid to asylum seekers in squalid conditions? 7. How can international unions better relocate and distribute asylum seekers flooding into Europe? 8. How can cultural assimilation occur in a peaceful and caring environment? 9. How should the international community react to political and humanitarian oppression in asylum seekers’ home nations? 10. How can the asylum strain be lifted from a nation’s dependency load? Additional Sources http://www.un.org/en/globalissues/briefingpapers/refugees/aboutUNHCR.html This website is made by the United Nations and briefs on refugees fleeing from conditions in their home countries. http://www.unhcr.org/pages/49c3646c137.html The UNHCR posted a definition of asylum seekers and associated pages. https://www.hrw.org/topic/refugees/asylum-seekers The Human Rights Watch’s topic forum on asylum seekers can be found here.


https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/asylum-seekers-and-refugees-guide This website gives a case study of asylum seekers’ rights in Australia, which this backgrounder could not go into detail on. http://www.refugeecouncil.org.uk/policy_research/the_truth_about_asylum/the_facts_about_asylum This gives a case study of asylum seekers’ rights in the United Kingdom. References "Human Trafficking." Human Trafficking and Migrant Smuggling. United Nations Office of Drugs

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