Shorthand

UNHRC I: Rights of Refugees

Sarina Xu

LETTER FROM THE DAIS

Dear Delegates,

My name is Sarina Xu, and I am delighted to welcome you to the Yale MUN Taiwan V! To introduce myself, I'm currently a sophomore in Pierson College, and I'm majoring in Statistics & Data Science. In addition to YMUNT, I have also helped out with Yale Model United Nations, one of our local conferences. However, beyond my involvement with Model UN, I’m also the co-founder and Corporate Head of the Urban Philanthropic Fund, Publicity Director of Yale’s political publication called The Yale Politic, a member of the Alpine Ski Team, and a volunteer at Camp Kesem. Last summer, as a recipient of the Richard U. Light Fellowship, I studied abroad in Beijing to study Mandarin.

In the U.N. Human Rights Council, you will be responsible for upholding the dignity of people all around the world, determine if supposedly "universal" rights actually have ethnic or religious dimensions, search for ways to improve protection of some of the world’s most vulnerable populations, and see whether countries can unite to save their people or if cultural and religious differences will prevent them from reaching a consensus. In short, you will determine the course of human rights in the coming years.

In this committee, we will be discussing various religious issues drawing from current and events. However, rather than debating what political entities should have done or prioritized in certain situations, I would like you guys to focus more on the thought process that you believe would uphold the values of the UNHRC the best when approaching this issue of the rights of religious minorities. Ask yourself, how should a government go about appeasing different religious groups, especially those who don’t get along with each other? Take it a step further: what happens when this government is of a particular religion and does not recognize the rights of religious minorities? How can you, delegates, as part of the UNHRC efficiently and righteously decide how to go about these situations?

I’m looking forward to spending time engaging in a thought-provoking and meaningful discussion with you – the world’s future diplomats. See you in committee, and please write to me if you’ve got any questions beforehand!

Sincerely,

Sarina Xu

sarina.xu@yale.edu

History of the Committee

The United Nations established the Human Rights Council (HRC) in 2006. Member States mandated the HRC to promote "universal respect for the protection of all human rights and fundamental freedoms for all." The Council also has the duty to “address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon.” Through dialogue and cooperation with international, regional, national, and nongovernmental bodies, the Council educates individuals on human rights issues, makes suggestions to the General Assembly to improve international human rights laws, undertakes periodic reviews of how well each country fulfills its human rightsobligations, and prevents and addresses human rights violations.

Although the Council is open to all UN Member States, it only consists of 47 countries, which are elected by secret ballot by all countries in the General Assembly. Each country can serve on the HRC for up to two consecutive three-year periods, after which each country must take a break for at least three years. The membership is equally distributed among nations in different geographic regions: there are thirteen states from Africa, thirteen from Asia, eight from Latin America and the Caribbean, six from eastern Europe, and seven from western Europe and other states. [1]

Additionally, the Council benefits from Special Procedures, who are experts in the field of human rights and advise the HRC They visit countries, communicate with governments about rights violations they observe, and support the HRC's other work. [2] To fulfill its mandate as outlined in Resolution 60/251, the Human Rights Council conducts a Universal Periodic Review [3] to assess human rights situations in all UN Member States. It also has an Advisory Committee [4] to provide knowledge and advice on a range of human rights issues. It’s Complaint Procedure [5] allows both individuals and governments to bring human rights violations to the committee. [6]

Topic History

What is a refugee?

A refugee is someone who has been forced to flee his or her country because of persecution, war or violence. A refugee has a fear of persecution for reasons that regard race, religion, nationality, political opinion, or membership in a particular group. War and ethnic, tribal, and religious violence are leading causes of refugees fleeing their countries.[7]

The Role of the UNHRC

The UNHRC strives to ensure that everyone has the right to seek asylum, or the protection granted by a nation to someone who has left their native country as a political refugee, and find safe refuge in another state. Asylum seekers are granted the option to eventually return home, or integrate or resettle in their host country, stressing the permanent status and rights to be accorded to refugees voluntarily selected by a state.During times of displacement, the UNHRC provides critical emergency assistance in the form of clean water, sanitation, and healthcare. They may also provide material goods, such as shelter, blankets, household goods and sometimes food. It also arranges transport and assistance packages for people who return home and income-generating projects for those who resettle.Governments normally guarantee their citizens’ basic human rights and physical security. But when people become refugees, this safety net disappears. Refugees fleeing war or persecution can be very vulnerable. They have no protection from their own state forit is often their own government that are actively persecuting them. If other countries do not let them into their borders or protect them, refugees may be condemned to an intolerable situation where their basic rights, security, and even their lives, are in danger.[8]

How haVE refugee crises evolved in the last century?

Post-World War II (1940-1960)

World War II saw the greatest displacement of people from their homes in the 20th century. Millions of ethnic Germans were expelled from the Soviet Union and millions more had to flee from Joseph Stalin’s harsh regime. This mass influx of people displaced over 81.6 million people. In order to provide relief for those fleeing the conflict, the Allies set up the United Nations High Commission on Refugees in 1950.

The establishment of the UNHCR was not an easy feat. European countries were unable to devote substantial time and effort to this global organization because they were faced with the more pressing suffering that their own citizens were going through. After all, the inevitable reconstruction that would follow WWII would not be a simple task..

The international response, which included the establishment of the Nuremberg international tribunal, to this refugee crisis was upheld by many international documents. Under the Universal Declaration of Human Rights of 1948, it guaranteed a “right to seek and to enjoy in other countries asylum from persecution,” and forbade the any deprivation of nationality. The Geneva Convention on Refugees of 1951 not only defined refugees, but also gave them specific rights. Among these included the prohibition of refoulement (or forcible return), for it could be detrimental for refugees to go back to a country that is actively persecuting them. The United Nations Relief and Rehabilitation Administration (UNRRA), which was created in 1943 and was succeeded by the International Refugee Organization, which was established in 1946. Eventually, these institutions gave way to the United Nations High Commission for Refugees in 1950. These international bodies, while great in principle, were plagued by political conflict in reality, especially during the outbreak of the Cold War. As a result, these international communities were inundated with a long and arduous stalemate.

While limited under its Articles of Agreement in its ability to assist with the direct return of displaced persons to their home countries, the UNRRA still transported millions of former concentration-camp dwellers, forced laborers, and other victims of the Nazis to countries such as France, Belgium, and Greece.

The Allies returned over two million Soviet citizens back to areas under Soviet control. While some Soviets returned willingly, many did not; their forcible return conflicted with the non-refoulement principle.[9]

End of the Colonial Era and post-Cold War (1960-2000)

In the late 1940s, over 14 million people were displaced by the partition of India and Pakistan as a result of religious and land dispute over Kashmir. Additionally, wars of independence and civil conflicts sent millions flooding out of countries like Algeria, Congo, Angola, Nigeria, and others into neighboring countries. The presence of military regimes would often uproot ethnic communities even after peace restored.

During the 1970s and 80s, the number of displaced people increased even more. The Cold War’s proxy battles forced millions of people to leave their home countries. Many ethnic and nationalist communities in Eastern Europe began to immerse themselves in the idea of self-determination, resulting in mass political movements between the Soviet Union. This came about because the USSR was comprised of many nationalities and cultures which inhibited any sense of union between all of its acquired lands. After the Berlin Wall was destroyed in 1989, millions more flowed into Russia from the the newly independent states.

This influx of people amounted to over 46.5 million that became displaced. Refugees at these times had several options. There were intensive labor requirements in industries such as mining, which led many countries to grant Poles and some other groups permanent settlement because many host countries had labor shortages in areas that seemed too dangerous. Thus, many domestic laborers were unwilling to do the work that refugees were doing. Israel was created in 1948 to provide secure refuge for Jews who had be persecuted in central and eastern Europe. However, most refugees wanted to come to America, which was truly considered the land of copious opportunity. The United States’ refugee policy was one of conflicting tendencies towards isolationist restrictionism, which is a result of having policies to isolate one’s country from foreign affairs by declining to enter into alliances.Still, the US Escapee Program was established in the same year and offered a secure haven to a limited number of refugees from Communist countries.

The deepening of East-West conflict in the early years of the Cold War provided the context for subsequent US legislation, which provided for the admission over three years of 214,000 refugees - of these, it was stated that 186,000 should be from Communist countries.While many refugees found a safe haven, others still remained in camps. As a result, the UN led an extreme feat in resolving the refugee problem once and for all.World Refugee Year, in 1959-1960, was designed as a “clear the camps” drive. This ambitious effort was led by the UK who initiated the idea and then got it approved by the General Assembly in a resolution adopted on 5 December 1958. It achieved some significant results in Europe. By the end of 1960, for the first time since before World War II, all the refugee camps of Europe were closed.

But the global refugee problem was far from solved. In Africa and Asia, millions of fugitives from persecution, hunger, and natural disasters continued to suffer while searching for secure homes. Europe, formerly an exporter of refugees, henceforth became a net importer. In other words, Europe began to accept many refugees.

Instability in the Middle East (2000-present)

Global displacement levels declined to a historic low in 2005, but started escalating again because of a series of conflicts, including the US invasion of Iraq. By 2014, the United Nations declared that more people (51 million) around the world had been forcibly displaced than at any time since World War II. Since then, the number of refugees has grown. By mid-2015, the total number of refugees and internally displaced people had climbed to an all-time high of more than 60 million people, reflecting both the masses of people newly uprooted from war-torn regions of Syria and South Sudan, as well as those displaced years ago from places like Pakistan and Afghanistan who still haven't been able to return home. In just a few years, more than 22.9 million people had been displaced.

Europe has struggled to muster a response. Germany is among a few countries who have been willing to welcome a substantial number of refugees. It also sought a common European strategy to deal with the crisis. Other nations have locked down their borders, crammed refugees into transit camps and said they won’t take in Muslims, creating alarming echoes of the past for WWII historians and Holocaust survivors. [9]

Current Situation

In urban areas, many refugees share accommodations or live in non-functional public buildings, collective centres, slums, and other types of informal settlements. Living conditions are often substandard, since providing adequate shelter poses major challenges. In rural settings, delivering protection and humanitarian assistance to refugee camps is common. Over 2.6 million refugees currently live in camps worldwide and have been displaced for over five years, with many having been displaced for over a generation. While camps can be practical, particularly during emergencies, encampment also results in a range of problems, including aid dependency and isolation from society. [10]

What has the HRC done recently for refugees?

The UNHRC recognizes that shelter is a vital survival mechanism in times of crises or displacement. It’s the key to restoring personal security, self-sufficiency and dignity. A core part of the UNHRC’s protection mission is to guarantee access to adequate shelter in humanitarian emergencies. The UNHRC provides tents and develops emergency strategies, tools, and guidelines to rush aid and restore a sense of home to those who need it most. In addition to distributing tents from its three centres in Dubai, Copenhagen, and Durban, the UNHRC also provides materials such as plastic sheeting and matting that can be used to make a simple shelter. Additionally, in more prolonged situations, the UNHRC funds the rehabilitation or improvement of communal shelters and the construction of new homes. They might also provide displaced people with the materials they need to build home for themselves, a self-help method which has been implemented in Jordan.

UNHRC also co-leads the Global Shelter Cluster (GSC) with the International Federation of the Red Cross and Red Crescent Societies (IFRC). The GSC is an Inter-Agency Standing Committee (IASC) coordination mechanism that supports people affected by natural disasters and internally displaced people affected by conflict with the means to live in safe, dignified, and appropriate shelter. The GSC enables better coordination among all shelter actors, including local and national governments, so that people who need shelter assistance can get help faster and receive the right kind of support. Additionally, the GSC is a public platform co-chaired by IFRC and UNHRC at the global level, consisting of 44 partners who participate on a regular basis. IFRC facilitates the Shelter Cluster in natural disasters while the UNHRC leads the Shelter Cluster in conflict situations.[10]

What are the most recent refugee influx trends?

Syrian Refugee Crisis:

Human rights in Syria under the rule of the Ba'ath Party (which has ruled since 1963) have been considered exceptionally poor by various international observers and have further deteriorated since 2008. The 2010-11 Arab Spring uprisings in Tunisia, Egypt, Libya, Bahrain and Yemen inspired major protests in Syria. The Syrian Army intervened in March 2011, and the Syrian government’s crackdown against protestors gradually increased in violence, escalating to major military operations to suppress resistance. In April 2011, hundreds died in clashes between the Syrian Army and opposition forces, which included armed protesters and defected soldiers. As Syria descended into civil war, it quickly became divided into a complex patchwork of shifting alliances and territories between the Assad government, rebel groups, the majority-Kurdish SDF and other groups such as ISIL. Today, up to half a million people have died in the war, including around a hundred thousand civilians.[11]

By May 2011, thousands of people fled from the war to neighboring countries, with even larger numbers displaced within Syria itself. As armies assaulted various locations and battled, entire villages tried to escape, with thousands of refugees a day crossing borders. In addition to the Syrian Civil War refugees in the region, there were also refugees of the Iraqi Civil War, as well as Kurdish and Palestinian refugees.[12]

"The Syria crisis has become the biggest humanitarian emergency of our era, yet the world is failing to meet the needs of refugees and the countries hosting them", then-UN High Commissioner for Refugees (UNHCR) António Guterres said in 2014. The UNHCR reported in 2014 that the total number of refugees worldwide exceeded 50 million for the first time since World War II, largely due to the Syrian Civil War.[13]

Which countries have taken in Syrian refugees, and which country has the most?

According to Amnesty International, Syrian refugees have predominantly sought shelter in five countries throughout the Middle East, including Turkey, Lebanon, Jordan, Iraq and Egypt.Turkey is the largest host country of registered refugees, with nearly three million, which is transforming the ethnic and sectarian makeup of the nation.

None of the six states that form the Gulf Cooperation Council - Saudi Arabia, Oman, the United Arab Emirates, Kuwait, Bahrain and Qatar - have signed the UN Convention on Refugees, which has governed international law on asylum since World War II, which means they are not obligated to any obligation under this document. However, the Gulf states say that they have taken in hundreds of thousands of Syrians since the civil war began - just not as refugees.[14]

The Syrian refugee crisis is one of the largest humanitarian crises since the end of World War II. The number of refugees who have fled the country now exceeds six million, including more than 2.4 million children. According to the United Nations, millions more have been displaced internally.Still, it’s important to remember that "it's not about the number, it's about the people," as UNHCR spokesman Babar Baloch noted. He also pointed out that the conflict has now lasted longer than World War II. "We're trying to look for understanding, solidarity, and humanity." Turkey continues to host the highest number of displaced Syrians, taking in 47,000 more refugees since February 2017.[15]

Rohingya Muslim Crisis

Refugees began fleeing Myanmar in late August of 2017 after the country’s military response to an attack by Rohingya militants on over 20 police posts, leaving 12 members of government security forces dead. The Rohingya minority is an ethnic group that comprises of mostly Muslims while residing in the mainly Buddhist Myanmar. Amnesty International has said that in response, the Myanmar government went on to carry out a “targeted campaign of widespread and systematic murder, rape, and burning” against the Rohingya Muslims. There were reports of sexual violence against Rohingya women and entire villages being burned to the ground. More than 600,000 people have fled the violence, bringing the total number of Rohingya refugees in Bangladesh to around 900,000. The UN has described the latest mass exodus of Rohingya Muslims from Myanmar as "the world's fastest growing refugee crisis."[16]

Before August 2017, there were already around 307,500 Rohingya refugees living in camps, makeshift settlements, and host communities, according to the UNHCR. A further 655,000 are estimated to have arrived since last August.[17]

While most Rohingya have sought refuge in Bangladesh, Bangladesh has limited resources and land to host refugees. Not to mention, the conditions at these refugee camps is extremely poor. The aid group, Save the Children, projects that 48,000 babies will be born in Bangladesh’s crowded camps in 2018. Not only is the sheer amount of people a problem to the already overcrowded camps, but the spread of disease makes this situation even more dire. The World Health Organization has issued alerts of measles, among many other diseases. Moreover, the water supply in refugee camps is contaminated.

These harsh conditions have led many refugees to pay questionable smugglers, just so that they can avoid these living situations by escaping into neighboring countries. Escaping these camps can also put refugees in grave danger, risking potential exploitation and sexual enslavement. In November 2017, Myanmar and Bangladesh formed an agreement regarding the possible repatriation(return) of refugees back into their home country. However, this agreement was extremely vague, especially when detailing the rights that would be secured to the returning Rohingya, locations for resettlement, and assurances that such persecutions would not continue to occur. The repatriation of the first group of Rohingya is slated for late January 2018.[18]

Malaysia has also become a hub for Rohingya refugees to seek shelter. According to the UN, as of September 2017, roughly 62,000 Rohingyas were in Malaysia. While the Malaysian government has sent much needed aid to refugees in Bangladesh, Rohingyas in Malaysia are still struggling to get back on their feet; they have no legal status and are unable to work, leaving their families cut off from access to education and health care.

Thailand has also been a common destination for Rohingya refugees. It often serves as a common intermediate transit stop for refugees who often arrive there by boat from Bangladesh or Myanmar before continuing on to Indonesia or Malaysia. As a result, the Rohingya are especially vulnerable to human trafficking, especially women and children who are at risk of being sold as sex workers. The military-led Thai government has cracked down on smuggling rings after the discovery of mass graves in alleged camps where gangs held hostages. Dozens of people, including a general, provincial officials, and police, were found guilty in 2017 of the deaths of trafficked Rohingya. But some experts say punishing traffickers only disrupts the networks and does not dismantle them, allowing the continuation of trafficking.[19]

The Rohingya have also sought refuge in Indonesia, although the number of refugees there remains relatively small. However, Indonesia’s military chief expressed concerns that easing immigration restrictions would spark an influx of people. Amid international pressure, Indonesia admitted one thousand Rohingya and provided them with emergency assistance and protection.[ibid.]

The Effects on Host Countries due to the Refugees

Because of the dire need for refugees to find a home elsewhere in these host countries, the influx of people has caused great strain on many nations. The new arrivals in Bangladesh join an already-existing large population of Rohingya refugees. This trend has prompted the government to announce plans to build one of the world’s largest refugee camps to house more than 800,000 stateless Rohingya, replacing hundreds of makeshift camps that are popping up near the border. Local medical teams, supported by UNICEF and WHO, have started a massive immunization drive in the camps, racing to prevent outbreaks of infectious diseases. The largest refugee camp is Kutupalong, but limited space means that spontaneous settlements have continued to spring up in the surrounding countryside and nearby Balu Khali as refugees keep arriving.[20]

For the Syrian refugee crisis, the prospect of terrorism in host countries is a real threat to many. Countries fear bringing in too many refugees because of potential terrorist threats. In one instance on October 2015, 198 migrants arrived on the Greek island of Leros, but hiding among them were four men posing as Syrians refugees — all carrying doctored passports with false identities. Two of the four would make their way to Paris. There, on November 13, they would detonate suicide vests near the Stade de France sports complex, fulfilling their part in the worst attack on French soil since World War II. Stopped upon arrival in Greece for lying about their identities, they were delayed — but only for a few weeks before being granted permission to continue their journey deeper into Europe.[21]

The vast majority of migrants are genuinely fleeing war and poverty. But over the past six months, more than three dozen suspected militants who impersonated migrants have been arrested or have died while planning or carrying out acts of terrorism. They include at least seven directly tied to the bloody attacks in Paris. To worsen matters, the Islamic State has been gloating that they have far more lying in wait. Right-wing politicians, especially in affected countries like Germany have become even more vocal about taking a tougher stance against allowing refugees into their countries. [ibid.]

Questions to Consider

When thinking about this topic, the easiest way to find out a country’s stance on the rights of refugees is to search how they’ve responded in the past. It’s likely that delegations will represent this issue through a humanitarian lens, but I challenge all of you to think of this through a government’s perspective, where the prospect of its own citizens may be harmed through large influxes of refugees.

How does the identification of refugees make it harder to uphold their rights?

What gaps in the process of dealing with refugees should the HRC address in this committee session?

What would your country propose to help host countries integrate refugees back into society?

How can an influx of people alter a nation’s economy and healthcare system?

What are some problems that individual countries might face? Has your country faced a similar crisis?

What has your country already proposed as solutions to refugee crises, like the one in Syria? Have they worked?

What concerns might your country have regarding the Rohingya crisis?