JGS MUN 2017 1

BACKGROUND GUIDE

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Respected delegates,

It is our pleasure to welcome you all to the United Nations Human Rights Council at JGS MUN 2017.
It is our distinct privilege to serve you all as the Executive Board of the Committee.

Having said that, this report should be the first step towards your research and you are encouraged
to by all means further expand your realm of knowledge by delving into the themes and sub themes
mention in the guide and the reference provided for further research. Only Reuters reports will
be accepted by the Executive Board as proof of the fact that the United Nations Organization
recognizes something to be fact. Delegates may use reports by official government sources/
agencies only against that particular government. All claims, counter claims and allegations which
delegates attempt to further in committee will be expected to be via a hard/soft copy of the same
which is to be provided to the Executive Board.

Delegates are especially requested to be well versed with basic principles of international law,
their foreign policy and display diplomatic courtesy befitting that of a representative in the United
Nations. In this committee we are not going to be judging delegates based on how experienced
or articulate they are. Delegates respecting others opinions/diversity of views while finding ways
around them in consonance with their foreign policy and creating a unanimously acceptable solution
are to be encouraged. Regardless, whether this is your first time or one of many conferences, we
look forward to impassioned and rigorous debates in the days to come. Feel free to contact the
Executive Board in case of any doubts/query.

Wish you best of luck with your preparations!

With regards,

Vansh Narula
Chairperson
UNHRC, JGS MUN
Email : vanshnarula0109@gmail.com
Contact: +91-8105086900
Aaron Alavares
Vice - Chairperson
UNHRC, JGS MUN
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Background of the committee

The Human Rights Council is an inter-governmental body within the United Nations system
responsible for strengthening the promotion and protection of human rights around the globe
and for addressing situations of human rights violations and make recommendations on them. It
has the ability to discuss all thematic human rights issues and situations that require its attention
throughout the year. It meets at the UN Office at Geneva.

The Council is made up of 47 United Nations Member States which are elected by the UN General
Assembly. The Human Rights Council replaced the former United Nations Commission on Human
Rights.

The Council was created by the United Nations General Assembly on 15 March 2006 by resolution
60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its
Institution-building package to guide its work and set up its procedures and mechanisms.
Among them were the Universal Periodic Review mechanism which serves to assess the human
rights situations in all United Nations Member States, theAdvisory Committee which serves as
the Councils think tank providing it with expertise and advice on thematic human rights issues
and the Complaint Procedure which allows individuals and organizations to bring human rights
violations to the attention of the Council.

The Human Rights Council also works with the UN Special Procedures established by the former
Commission on Human Rights and now assumed by the Council. These are made up of special
rapporteurs, special representatives, independent experts and working groups that monitor,
examine, advise and publicly report on thematic issues or human rights situations in specific
countries.

Review of the Council

When creating the Human Rights Council in March 2006 the United Nations General Assembly
decided that the Councils work and functioning should be reviewed five years after it had come
into existence at the level of the General Assembly. More information about the review and its
2011 outcome are available here.

10th Anniversary of the Council

In June 2016, the Council marked its tenth anniversary.
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Refugees
Definition

A refugee is someone who has been forced to flee his or her country because of persecution,
war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion,
nationality, political opinion or membership in a particular social group. Most likely, they cannot
return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes
of refugees fleeing their countries.

The office of the United nations High commissioner for refugees

The Office of the United Nations High Commissioner for Refugees (UNHCR) was established in
1950 and has a fundamental mandate to protect persons who for fear of persecution have fled
their home countries on the basis of the Convention Relating to the Status of Refugees and the
1967 additional protocol.

United nations convention relating to the status of the refugees (1951)

For people who are threatened and unable to receive protection in their own countries, the UN Convention
Relating to the Status of Refugees of 1951 with its additional protocol of 1967 is an essential international
safety net. The Convention and the Additional Protocol define who is to be considered a refugee and aim
to provide protection for persons subjected to gross human rights violations.

According to the Convention, a refugee is any person who has a well-founded fear of being
persecuted in the country of his nationality for reasons of race, religion, nationality, membership of
a particular social group or political opinion.

Many countries, including Sweden, also provide protection to persons not covered by the
Convention, including those who risk the death penalty, torture or other inhuman or degrading
treatment or punishment in their home country. Efforts to draw up a Common European Asylum
System are currently in progress in the EU. Ongoing harmonisation in this area is aimed at reducing
the differences in the member countries asylum legislation.

The right to apply for asylum is also expressed in Article 14 of the UN Universal Declaration of
Human Rights and the EU Charter of Fundamental Rights.

How are refugees protected ?

Governments normally guarantee the basic human rights and physical security of citizens. But when
civilians become refugees this safety net disappears. UNHCRs main role in pursuing international
protection is to ensure that states are aware of, and act on, their obligations to protect refugees and
persons seeking asylum. However, it is not a supranational organization and cannot be considered
as a substitute for government responsibility.

Countries may not forcibly return (refoulement) refugees to a territory where they face danger
or discriminate between groups of refugees. They should ensure that refugees benefit from
economic and social rights, at least to the same degree as other foreign residents of the country
of asylum. For humanitarian reasons, states should allow a spouse or dependent children to join
persons to whom temporary refuge or asylum has been granted. Finally, states have an obligation
to cooperate with UNHCR.
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What rights does a refugee have ?

A refugee has the right to safe asylum. However, international protection comprises more than
physical safety. Refugees should receive at least the same rights and basic help as any other
foreigner who is a legal resident, including freedom of thought, of movement, and freedom from
torture and degrading treatment.

Economic and social rights are equally applicable. Refugees should have access to medical care,
schooling and the right to work.

In certain circumstances when adequate government resources are not immediately available,
such as the sudden arrival of large numbers of uprooted persons, international organizations
such as UNHCR provide assistance. This may include financial grants, food, tools and shelter and
basic infrastructure such as schools and clinics. With projects such as income-generating activities
and skill training programmes, UNHCR makes every effort to ensure that refugees become self-
sufficient as quickly as possible.

What are the obligations of a refugee ?

Refugees are required to respect the laws and regulations of their country of asylum.

Are persons fleeing war or war-related conditions such as famine and ethnic violence
refugees?

The 1951 Geneva Convention, the main international instrument of refugee law, does not specifically
address the issue of civilians fleeing conflict, though in recent years major refugee movements
have resulted from civil wars, ethnic, tribal and religious violence.

However, UNHCR considers that persons fleeing such conditions, and whose state is unwilling or
unable to protect them, should be considered refugees. Regional instruments such as Africas OAU
Convention and the Cartagena Declaration in Latin America support this view.

Some countries, particularly in western Europe, argue that civilians fleeing generalized war or who
fear persecution by non-governmental groups such as militias and rebels, should not be given
formal refugee status. It is UNHCRs view that the origin of the persecution should not be decisive
in determining refugee status, but rather whether a person deserves international protection
because it is not available in the country of origin.
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Internally Displaced person

Definition

An internally displaced person (IDP) is a person who has been forced to flee his or her home for
the same reason as a refugee, but remains in his or her own country and has not crossed an
international border. Unlike refugees, IDPs are not protected by international law or eligible to
receive many types of aid. As the nature of war has changed in the last few decades, with more
and more internal conflicts replacing wars among countries, the number of IDPs has increased
significantly.

A returnee is a refugee who has returned to his or her home country. The majority of refugees
prefer to return home as soon as it is safe to do so, after a conflict and the country is being rebuilt.
The UN High Commissioner for Refugees (UNHCR) encourages voluntary repatriation, or return,
as the best solution for displaced people. The agency often provides transportation and other
assistance, such as money, tools and seeds. Occasionally, UNHCR helps rebuild homes, schools
and roads.

Who helps the internally displaced

Internally displaced persons (IDPs)flee their homes for the same reasons as refugees, but remain
within their own country and are thus subject to the laws of that state. In some crises, and though
it does not have a specific mandate in this area,UNHCR assists several million, but not all of the
estimated 20-25 million IDPs worldwide.

These operations are initiated at the request of the U.N. Secretary-General or the General Assembly,
with the consent of the country involved and have included recent crises in the Middle East, the
Balkans, Africa and Afghanistan.

Is there an instrument to protect IDPs ?

There is no universal instrument specifically addressing the plight of IDPs but in 1998 the UN
General Assembly and the UN Commission on Human Rights took note of the Guiding Principles
on Internal Displacement. While these Guiding Principles do not constitute a binding instrument,
they have received large support from the international community. More recently, in 2009, the
African Union adopted the Kampala Convention on IDPs.2 This regional instrument is an important
step forward in the protection of and assistance to IDPs in one of the continents most affected by
displacement.

How does IHL protects IDPs ?

IHL contains many provisions concerning the prevention of displacement and the protection of
IDPs - mainly in Geneva Convention IV (GC IV) and Additional Protocols I and II (AP I and APII), as well
as in customary international law. States have the responsibility to implement these protections
in their internal legal framework. The following provisions should be considered when enacting
national legislation:

Prohibition of displacement and the right to voluntary return

In general terms, the prevention of violations of IHL would lead to a reduction of IDPs as a result
of armed conflict. Forcible displacement is prohibited, whether within the borders of a country
or across international borders.Displacement of civilians can be considered, exceptionally and
temporarily, when justified by considerations of their security or imperative military necessity. IDPs
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shall be allowed to return to their place of origin as soon as the security concerns have ceased to
exist in the affected area.

Economic Relationships

The main problem IDPs face in securing economic stability in poor urban areas is obtaining a
regular source of income. Access to the formal labor market is quite limited, particularly for IDPs.
They typically only have occasional and temporary access to jobs in construction or domestic
service. Participating in the formal work sector and social security system renders registered IDPs
ineligible for state assistance offered to IDPs, which is another important consideration they must
take into account when seeking employment.

Both IDPs and a significant proportion of the host community obtain what unsteady income they
generate through the informal employment sector. State support for income generation enables
IDPs to establish small, informal businesses. However, while providing them with income in the
short term, these informal efforts in entrepreneurship are not reliable sources of income in the
medium and long term due to the difficulty of sustaining the projects.

The growing demand for housing in urban spaces and rising prices render home ownership difficult
for everyone in Suba and Ciudad Bolvar. This has led to an increased demand for rental housing
that increases even further with each influx of displaced persons. By using state rental subsidies
which are temporary and intermittentto rent houses or rooms in the homes of host community
members, IDPs often find themselves in a complex economic relationship with host communities.
Host community members who own their homes often build additions to rent to IDPs as additional
sources of income. The fact that the income of IDPs is often unstable and that there are often
cultural differences between IDPs and their hosts means that the landlord-tenant relationship is
one often characterized by conflict.

Relations between Internally Displaced Persons and Host Communities

Both internally displaced persons and host communities on the outskirts of Bogot in Suba and
Ciudad Bolvar live in poverty, but under different conditions. The host communities enjoy greater
access to housing, services and work in both the formal and informal sectors. In contrast, displaced
families are largely disadvantaged due to their lack of social networks, their dependence on state
assistance and their difficulty in accessing formal and informal labor markets.In the locations
studied, the host communities single out IDPs based on their recent arrival to the neighborhood,
where in Colombia they have arrived from and their access to state assistance.

Relations between host communities and displaced persons are complex. When IDPs first arrive
there is often an expression of solidarity and support as friends or family members help them to get
settled. But such good will is often short-lived due to the limited resources of the host community.
In general, IDPs are often treated with hostility by the general public. They may be viewed with
fear, subjected to persecution for being displaced and blamed for increased crime rates. Cultural,
regional and ethnic differences often produce conflicts between the two communities and become
excuses for racism and discrimination in daily life, such as in the workplace and in the landlord-
tenant relationship. Furthermore, host communities often do not understand the state assistance
programs for IDPs. This can lead to hostility toward IDPs and unsubstantiated accusations regarding
IDPs supposed inability to use state assistance effectively, organize themselves or overcome their
present situation.
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Case study (Nigeria)

It could be said that, the highest contributor to the internally displaced persons in the country are
the Nigerian Government, from federal to state governments. It is worth to note that, since the
emergence of the democratic government in 1999, the rate of the internally displaced person in
Nigeria has grown beyond measure with unfavourable government policies, notably among them
is the destructive demolition of houses, streets, villages and even an entire community without
providing any alternative to the teeming population.

Before the advent of governments unfavourable policies in recent times, riots in places like Kano
and Kaduna have always been a major provider of internally displaced persons, communal clashes
in Osun state between Modakeke and Ife, and in kwara state between Offa and Erin Ile have also
contributed, but since the demolition exercise which had displaced close to 3 million people in
Abuja begun in the federal capital territory under the watch of the then president, Mr Olusegun
Obasanjo and Minister of Fct, Mallam Nasir Elrufai, the story has not remain the same.

It was reported that, the then minister of fct, Nasir Elrufai rolled out bulldozer and demolished
thousands of houses in Abuja in the name of correcting the Fct master plan. In this exercise, many
landlords were reportedly demolished` with their homes even though they had genuine papers
from Abuja federal capital authorities. After the demolition, some people slept and never woke up,
they died of heart attack. Some were paralysed by shock received from the incident and remained
on the wheel chair till date, some were not so lucky, as they died while trying to pick up the pieces
of their lives, while many others fled the fct to others places to constitute what we call the internally
displaced persons (IDPs). The government is said to have successfully made the city beautiful, while
destroying million of its citizens.

Elrufai reportedly demolished over 300,000 houses during his reign as minister, which implies that,
if at least 5 for example people were occupying each building demolished, Elrufai had displaced
300,000 x 5,which is 1.5million IDPs between 2003 t0 2007. This figure can even be more since in
reality, most places demolished were mostly occupied by the poor where each building contain
nothing less than 10 occupant or more.

Furthermore, the present fct minister, Bala Muhammed had also boastfully revealed that, he had
demolished 126,000 houses since the beginning of the Jonathan led administration. If each of
these building are occupied by at least 5 people, the Jonathan led federal government had also
displaced 620,000 people within 2010 to 2012, which the total of displaced persons amount to
2.12million. Reports have it that, many women in the course of walking around without homes
became prostitutes.

Similarly, It was also reported that as at last count, around 5million Nigerians had been displaced
by the mismanagement of two dams in Cameroon and many other dead.

Also, The Fct Administration had also vow to demolish another 19 villages in the satellite areas of
Abuja in 2012, an exercise that was widely criticised by the civil society organizations. The victims
cried out and took the issue to court restraining the FCTA from commencing the demolition, but
the Fct Minister Bala Muhammed still vow to continue the exercise, as he promised to get the go
ahead from the court of law.

If such exercise is implemented as promised, the Federal Government would have displaced
another 5 million persons, as the 19 villages are highly populated with one of it (Mpape) reportedly
contain over 1million occupants.
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Also, Several states in Nigeria like Lagos, Oyo, Osun, Ogun, Ondo, Kwara etc had also embarked on
similar demolition exercises; notable among them is Lagos State under Governor Babatunde Raji
Fashola, where over 1 million people have also been displaced from the demolition of Ijora, Oshodi,
Makoko and many other communities. Also, IDPs could be found during the religious skirmishes in
the northern Nigeria. Notable among them were Kaduna crisis, Plateau and Kano religious uprising
were several people were rendered homeless and made to flee for safety, particularly in the
neighbouring state. The more recent of such examples is the on-going crisis in northern Nigerian
with the members of the Boko haram sect, which affected no less than 6 states which include,
Borno, Yobe, Gombe, Plateau, Kano, Kaduna and Niger state.

In the south, Nigeria had some bad tales as well, and notable among them were Idi- araba crisis
in Lagos, were several persons were displaced, Sagamu crisis in Ogun state, Anambra and Osun
Crisis among others. It is worth to note that, many of these victims were never recorded, as the
government didnt consider them as IDPs, they left them uncared for, making their lives more
complicated. Therefore, the Internally displaced persons (IDPs) are said to be those people who,
by the virtue of fear of further attacks, or revenge by the rural groups or disputants, which they feel
may cause harm or injury to them, decide to relocate to another area where they feel they can enjoy
relative peace and tranquillity within the same national or state. They could also be people, whose
home or places of work were demolished by their government without any alternative provided.
It is also important to note that, natural disasters such as flood have cause people to be internally
displaced in Nigeria, examples can be seen in the 2012 flood, which affected several states like
Bayelsa, Lagos, Oyo, Kogi, Kwara and many others.

In conclusion, having identified the causes of IDPs and its effects, It was observed that, One
appreciative and celebrating offer that one can give to the homeless is shelter and basic needs
such as food, cloth, water and so on.

Apart from these basic needs supplies, the internally displaced person needs to be counselled,
cared for and assisted to overcome the emotional traumatization that is usually associated with
such nasty experience.

In a situation where the government which should serve as the primary source of support for the
needs of the IDP becomes the number one contributor to creating IDPs in the country without any
meaningful support or alternative provision, it becomes difficult and complicated. Apart from the
fact that, this government attitude is a contradiction to the principle of human right as declared by
the United Nation and signed by all nations across the world, it is also against human reasoning that
any government would intentionally displace its own people in the name of creating a beautiful city.
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Stateless person
Definition

A stateless person is someone who is not a citizen of any country. Citizenship is the legal bond
between a government and an individual, and allows for certain political, economic, social and
other rights of the individual, as well as the responsibilities of both government and citizen. A
person can become stateless due to a variety of reasons, including sovereign, legal, technical or
administrative decisions or oversights. The Universal Declaration of Human Rights underlines that
Everyone has the right to a nationality.

Is the 1954 Convention still relevant in todays world ?

Yes, absolutely. Statelessness is still a widespread problem today. With the growing awareness of the
global impact of statelessness on individuals and societies, both governments and the international
community are increasingly turning to the UN Statelessness Conventions for guidance. The 1954
Convention remains the primary international instrument that regulates the status of non-refugee
stateless persons and ensures that stateless persons enjoy human rights without discrimination. It
provides the stateless with an internationally recognized legal status, offers them access to travel
documents, identity papers and other basic forms of documentation, and sets out a common
framework with minimum standards of treatment for stateless persons. Accession to the 1954
Convention therefore allows States to demonstrate their commitment to human rights, gives
individuals access to protection and mobilizes international support for the State to adequately
deal with the protection of stateless person.

Differences between stateless person and refugees

Stateless persons and refugees are both in need of international protection. they find themselves
in a precarious situation because the link with the state has been broken. Both, therefore, enjoy
a special yet separately defined status under international law. a key element of the definition
of a refugee is that he or she has a well-founded fear of persecution. Being stateless does not
necessarily signify persecution. as well, to be a refugee, a stateless person must also be outside
of his or her country of habitual residence. Yet most stateless persons have never left the country
where they were born. However, statelessness is often a root cause of forced displacement. When
stateless persons are also refugees they are covered by the 1951 Convention relating to the status
of Refugees and international refugee law.

Are states obliged to treat stateless persons equal to their own nationals ?

No. With respect to most of the rights enumerated in the 1954 Convention relating to the Status of
Stateless Persons, stateless persons should enjoy at least the same rights guaranteed to other non-
nationals. Moreover, the Convention extends a number of rights only to those stateless persons
who are lawfully in the territory or lawfully staying. In a limited number of cases such as with
respect to the freedom of religion and access to courts States must accord to stateless persons
treatment comparable to that enjoyed by nationals. International human rights law complements
the provisions of the 1954 Convention and in many instances human rights treaties provide for
higher standards of treatment for stateless persons.
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United Nations and refugees, stateless people and internally displaced people

The problem of the worlds refugees and internally displaced is among the most complicated
issues before the world community today. Much discussion is taking, place at the United Nations
as it continues to search for more effective ways to protect and assist these particularly vulnerable
groups. While some call for increased levels of cooperation and coordination among relief agencies,
others point to gaps in international legislation and appeal for further standard-setting in this area.
Everyone, however, agrees that the problem is both multidimensional and global. Any approach
or solution would therefore have to be comprehensive and to address all aspects of the issue,
from the causes of mass exodus to the elaboration of responses necessary to cover the range
of refugee situations from emergencies to repatriation. In this debate some facts remain beyond
dispute. The first is that while some mass displacements may be preventable, none are voluntary.
No one likes or chooses to be a refugee. Being a refugee means more than being an alien. It
means living in exile and depending on others for such basic needs as food, clothing and shelter.
Information on the number of the worlds refugees, their geographical distribution, and the causes
of their exodus is generally available. Seen from a chronological perspective, this information
suggests that the refugee problem has undergone drastic quantitative and qualitative changes
in the past five decades. Since its creation, the United Nations has worked to protect refugees
around the world. In 1951, the year in which the Office of the United Nations High Commissioner
for Refugees (UNHCR) was established, there were an estimated 1million refugees within UNHCRs
mandate. Today that number has grown to an estimated 17.5 million refugees, an additional 2.5
million refugees cared for by the United Nations Relief and Works Agency for Palestine refugees
in the Near East (UNRWA) and more than 25 million internally displaced persons. In 1951 most of
the refugees were European. The majority of todays refugees are from Africa and Asia. Current
refugee movements, unlike those of the past, increasingly take the form of mass exoduses rather
than individual flights. Eighty per cent of todays refugees are women and children. The causes of
exodus have also multiplied and now include natural or ecological disasters and extreme poverty.
As a result, many of todays refugees do not fit the definition contained in the Convention relating to
the Status of Refugees. This refers to victims of persecution for reasons of race, religion, nationality,
membership of a particular social group or political opinion.

The United Nations system has also been very concerned by the rise in the number of mass
internal displacements in recent years. The internally displaced are persons who are forced to
flee their homes but remain within the territory of their own country. Since they remain inside their
own countries, these persons are excluded from the present system of refugee protection. Most
of the internally displaced populations are in developing countries and are composed largely of
women and children. In some countries, the internally displaced make up more than 10 per cent
of the population. The refugee situation has become a classic example of the interdependence
of the international community. It fully demonstrates how the problems of one country can have
immediate consequences for other countries. It is also an example of interdependence between
issues. There is a clear relationship between the refugee problem and the issue of human rights.
Violations of human rights are not only among the major causes of mass exoduses but also
rule out the option of voluntary repatriation for as long as they persist. Violations of rights of
minorities and ethnic conflicts are increasingly at the source of both mass exoduses and internal
displacements. Disregard for the minimum rights of refugees and internally displaced persons
is another dimension of the relationship between the two issues. During the process of seeking
asylum, a growing number of people are faced with restrictive measures which deny them access
to safe territories. In some instances asylumseekers and refugees are detained or forcibly returned
to areas where their lives, liberty and security are threatened. Some are attacked by armed groups,
or recruited into armed forces and forced to fight for one side or the other in civil conflicts. Asylum-
seekers and refugees are also victims of racist aggression. Refugees have rights which should be
respected prior to, during, and after the process of seeking asylum. Respect for human rights is a
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necessary condition for both preventing and resolving todays refugee flows. In the words of the
United Nations High Commissioner for Refugees, Sadako Ogata, [the refugee issue must be put to
all governments and peoples as a test of their commitment to human rights.

Violations of human rights as origins of mass exodus. Since 1980, both the United Nations General
Assembly and the Commission on Human Rights have focused on ways to prevent mass exoduses.
The Commission has included the question of human rights and mass exoduses in its agenda
annually and in a number of resolutions it has emphasized the linkage between human rights
violations and refugee movements. In recent years the Commission has also considered the plight
of the internally displaced. These two bodies, through various resolutions, have requested the
Secretary-General to prepare reports on International Cooperation to Avert New Flows of Refugees,
appointed a Special Rapporteur to study the question of human rights and mass exoduses and
set up a 17 member Group of Governmental Experts on International Cooperation to Avert New
Flows of Refugees. The Special Rapporteur presented his study to the thirty-eighth session of the
Commission on Human Rights in 1982. According to the report, mass exoduses do not only cause
human deprivation and misery, but also place increasingly heavy burdens on the international
community. In the light of the changing nature of refugee problems, the three traditional solutions
of voluntary repatriation, local settlement and resettlement continue to be viable but must also
be supplemented by other approaches. The Special Rapporteur highlighted the multiplicity and
complexity of the origins of mass exoduses. He identified violations of human rights as a major
cause of mass exoduses: It is abundantly clear that unless ways can be found to counteract the
withholding, of, or outright violations of, human rights, unless there is a more equitable sharing of
the worlds resources, more restraint and tolerance, the granting to everyone, regardless of race,
religion, membership of a particular social group or political party, the right to belong or alternatively
to move in an orderly fashion to seek work, decent living conditions and freedom from strife the
world will continue to have to live with the problem of mass exodus. This problem, if left unchecked,
will increasingly pose a threat to peace and stability around the globe. The final report of the Group
of Governmental Experts also stressed the complex and often interrelated political, economic,
social and natural causes of mass exoduses. In its recommendations, the Group proposed that the
General Assembly call upon Member States to avert new massive flows of refugees by respecting
the principles of the Charter, in particular by not resorting to the threat or use of force, by settling
their disputes peacefully, by promoting human rights and refraining from creating conditions
which could lead to massive flows of refugees, by cooperating with one another in order to prevent
future flows of refugees, and by respecting international laws governing the treatment of refugees.
Following a recommendation by the Special Rapporteur in his report, the Secretary-General set
up the Office for Research and the Collection of Information (ORCI) from 1987 to 1991. The Office
served as a focal point for undertaking early warning activities to avert new and massive flows of
refugees, for monitoring factors related to possible flows of refugees and displaced persons and
comparable emergencies, as well as for preparing plans for possible responses. These functions are
now being undertaken by the United Nations Department of Political Affairs. Such activities are an
important part of the new and comprehensive approaches being considered by the international
community to prevent massive flows of refugees. Prevention requires dealing with the root causes
of problems. There is now increasing focus on political and economic conditions of countries of
origin of refugees, including internal and external conflict, violations of human rights and level of
development and economic performance. These issues are all interrelated. States have repeatedly
emphasized that human rights are interdependent and include not only civil and political rights,
but also economic, social and cultural rights. Respect for all these rights is the necessary condition
for the attainment of human development and the preservation of human dignity. In addition to
its work on preventing mass exoduses, the Commission on Human Rights has, in recent years, also
considered the plight of the internally displaced. In 1992, a representative of the Secretary-General
was appointed inter alia to gather information on the human rights issues related to internally
displaced persons and to examine existling international human rights, humanitarian and refugee
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laws and standards and their applicability to internally displaced persons. The Representatives
report was presented to the Commission the following year, at its forty-ninth session. The report
recommended that a comprehensive mechanism be established within the international system
to address the problems of displaced persons recognizing that the human rights aspect of this
issue intersects with the humanitarian, the political and the economic dimensions. One important
function of this mechanism would be the monitoring of situations with a view to detecting early
signs of displacement. This early warning system could be the first step in a coordinated process
aimed at ameliorating the suffering of displaced masses and averting further displacements.

The exact number of stateless people is not known, but UNHCR estimates that there are at least
10 million people globally of which approximately one third are children.

Statelessness may occur for a variety of reasons, including discrimination against particular ethnic
or religious groups or on the basis of gender; the emergence of new States and transfers between
existing States; and conflict of nationality laws.

Statelessness is often the product of policies that aim to exclude people deemed to be outsiders,
notwithstanding their deep ties to a particular country. For example, more than one million people
in Myanmars Rakhine state are stateless on the basis of the current citizenship law, which provides
that only members of certain ethnic groups are eligible for citizenship.

In addition, because some 27 States around the world do not allow women to transfer nationality
to their children, statelessness can occur where fathers are unknown, missing or deceased.
Areas that have experienced large-scale displacement have also been significantly affected by
statelessness. In West Africa, the estimated stateless population in Cte dIvoire is 700,000, many
of whom were migrants of Burkinab descent who were not eligible for Ivorian nationality after the
countrys independence from France in 1960.

Statelessness due to the dissolution of former states also continues to affect many people, including
some 600,000 people in Europe alone.

There have been notable examples where, through political will, it has been possible to resolve
large protracted situations of statelessness. For example, the case of some 300,000 Urdu-speakers
(sometimes referred to as Biharis) was resolved in Bangladesh in 2008. Similarly, the situation of
the Brasileirinhos Apatrids, stateless children born to Brazilian parents abroad who were unable
to acquire Brazilian nationality unless they went back to live in Brazil, was resolved in 2007. Estonia
and Latvia have also both recently taken steps to further facilitate the acquisition of citizenship by
those born in Estonia and Latvia to non-citizen parents, which will help ensure that these situations
are resolved over time.

Through a series of resolutions beginning in 1995, the UN General Assembly gave UNHCR the
formal mandate to identify stateless people, prevent and reduce statelessness around the world,
as well as to protect the rights of stateless people. Twenty years earlier, the Assembly asked us to
provide assistance to individuals under the 1961 Convention on the Reduction of Statelessness.

This requires us to work with governments, other UN agencies and civil society to address the
problem. Our activities in the field are grouped into four categories :

1. Identification
The prerequisite for solving a problem is to understand it but identification of statelessness
goes far beyond acquiring statistics on stateless populations. The causes of statelessness, the
characteristics of the population, and the problems they face, are the kinds of issues that UNHCR
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and partners must examine to craft a response strategy.

In many countries, the fact that stateless people live on the margins of society and are undocumented
makes identification difficult. In order to gather basic statistical information, we not only work with
governments and sister UN agencies, but also provide support to activities like population censuses.
We also analyze the reasons that have led to statelessness and research the situation of people
who lack a nationality. While this research is important for a basic understanding of the problem,
it is meaningless without first-hand information. Whenever possible, we interview stateless people
about their situation and seek their views on solutions. We also try to identify and work with other
stakeholders, including institutions and experts who have an influence on the situation.

Identification relates directly to the prevention of statelessness (when gaps in legislation have led to
statelessness), reduction (when gauging opportunities for solutions) and protection (when talking
to stateless people about their daily lives and the human rights problems they face).

2. Prevention
The easiest and most effective way to deal with statelessness is to prevent it from occurring in the
first place. With this in mind, we provide legal advice to governments about how to ensure their
nationality laws are compliant with international standards, including thouse set out in the 1961
Convention on the Reduction of Statelessness and relevant human rights treaties. For example, we
advise states on the safeguards which are required in nationality laws to protect against childhood
statelessness.

We also work to ensure that the way nationality matters are dealt with, country by country, is
improved. This can include strengthening civil registration systems, promoting the importance of
documenting a population, and providing training and technical advice to authorities to ensure
that decisions on nationality are made without discrimination and in accordance with international
human rights standards.

3. Reduction
Reducing statelessness means finding a solution for those without a nationality. There is one
solution for statelessness acquisition of nationality, usually of the country with which stateless
people have the strongest ties.

UNHCR works with governments to help them to make changes to legislation and procedures,
which are necessary to recognize stateless people as nationals. Additionally, we liaise with NGOs,
civil society organizations, UN partners and the media to publicize these changes so stateless
people know how to become nationals. We also help partners to better advise stateless people on
how to access nationality through legal advice and representation.

4. Protection
Protecting stateless people means ensuring that they can exercise their human rights until they
can acquire a nationality.

UNHCR provides guidance and technical assistance to governments to establish procedures to

recognize stateless people and give them a legal status along with basic human rights. We do this
by encouraging states to accede to the 1954 Convention relating to the Status of Stateless Persons
and by advocating for the respect of rights to which stateless people are entitled under other
human rights instruments.

At a grass roots level, we work with NGOs, human rights groups and other UN partners to make
sure that stateless people can obtain access to education, health care, employment and other
JGS MUN 2017 15

basic rights. We also work with partners to protect stateless people from indefinite detention,
trafficking and violence.

Afterword
In the entire guide, we have tried our best to keep to the practices of the UN by giving only the
background of the agenda, and its main arms, without resorting to quoting countries or polarizing
the agenda by favoring any bloc-outlook. It is expected of the delegates to research well on the
various tangents that this agenda can take, and take the proceedings forward. We have, still, given a
few additional guidelines to help you research by incorporating the same in the form of comments.
One needs to be mindful while researching on this agenda to keep the perspective of the country
that you will be representing, and the nature of the problem that you want to address, in prime
focus. Allegations and counter allegations are bound to occur, but what the world today needs are
solutions that need to be multi-faceted so as to take into account all the players in the scenario. And
lastly, we remind you that a backing, or proof, of your statements from independent sources (such
as Wikipedia, local newspapers, free-lance researchers, etc.) can be subject to questioning on the
grounds of credibility and authority, and may be dismissed if deemed so. As such, we recommend
that documents from the UN system, or those published from any Government-authorized body
(such as government releases, state-owned newspapers, press releases, etc.) be given preference
for formulating your proofs/backing statements.

Note: Please dont limit your research to just the background guide. Its supposed to serve as
just the initial springboard for your research. Any quotes from the background guide will not be
considered as a credible source in the committee.

WISH YOU ALL THE BEST WITH YOUR RESEARCH!

References

http://www.unhcr.org/afr/publications/brochures/3b779dfe2/protecting-refugees-questions-
answers.html

https://www.brookings.edu/on-the-record/the-human-rights-of-internally-displaced-persons-2/

https://www.brookings.edu/research/the-effects-of-internal-displacement-on-host-communities/

http://www.unhcr.org/stateless-people.html

http://www.unhcr.org/un-conventions-on-statelessness.html

https://www.state.gov/j/prm/policyissues/issues/c50242.html

http://www.ijrcenter.org/refugee-law/

https://www.hrw.org/topic/refugee-rights

http://www.ohchr.org/Documents/Publications/FactSheet20en.pdf (Very Important)

http://www.unhcr.org/statelessness-around-the-world.html
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