DelMUN 2016 Background Guide United Nations Human Rights Council Page 1

DELMUN 2016

United Nations

Human Rights Council Background Guide

DelMUN 2016 Background Guide United Nations Human Rights Council Page 2

Contents

Committee Introduction ................................................................................................. 3

Topic Overview ................................................................................................................. 4

Children’s Rights in Armed Conflict .............................................................................. 4

Case Study ......................................................................................................................... 6

1. Child Soldiers in Myanmar………………………………..…………………………………………….……...6

2. 2014 Peshawar School Massacre……………………………………………………………………………...7

UN Intervention ............................................................................................................... 8

Discussion Questions ..................................................................................................... 10

References ....................................................................................................................... 11

DelMUN 2016 Background Guide United Nations Human Rights Council Page 3

Committee Introduction “All victims of human rights abuses should be able to look to the Human

Rights Council as a forum and a springboard for action.”

- Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human

Rights Council Session

The United Nations Human Rights Council was created by the UN General Assembly in

2006.1 The council is composed of 47 member states, which are elected based on

geographical distribution and their contributions to human rights development. It consists

of representatives from Africa, the Asia-Pacific region, Latin America and the Caribbean

region, and Europe. Members of the Council serve for three years and cannot be re-

elected immediately for more than two consecutive terms. 2

The UNHRC aims to strengthen the promotion and protection of human rights, address

human rights violations and make recommendations to all UN member states around the

globe to prevent and stop violations.3 The advisory committee in the UNHRC, which is

served by 18 independent experts from different countries, acts as a think-tank to the

council and provides research-based advice. 4 The Advisory Committee works closely

with NGOs (non governmental organizations) and civil society representatives to enhance

the communication and collaboration between UNHRC and relevant organizations.5

The Universal Periodic Review (UPR) is a special process offered by the Human Rights

Council to review the Member States’ human rights conditions every year. It provides the

Member States with the opportunity to share their progress with regards to eliminating

domestic human rights violations.6

The UNHRC also has a unique complaint procedure to address communications

submitted by individuals, groups, or non-governmental organizations that claim to be

direct victims of human rights violations.7 Communication are screened and investigated

by two working groups if it satisfies the criteria. The complaint procedure is confidential

and victim-oriented. 8

1 http://www.ohchr.org/EN/HRBodies/HRC/Pages/Membership.aspx

2 Ibid.

3 http://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx

4 http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/AboutAC.aspx

5 http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/NGOParticipation.aspx

6 http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

7 http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx

8 Ibid.

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The UNHRC has at least three regular sessions each year, held in March, June, and

September in the UN Office at Geneva. A special meeting may be in place for human

rights violations and emergencies if one-third of the Member States request it. 9

Topic Overview

Children’s Rights in Armed Conflict

The Uppsala University in Sweden defined “armed conflict” as “a contested

incompatibility which concerns government and territory where the use of armed force

between two parties, of which at least one is the government of a state, results in at least

25 battle-related deaths.”10 According to Armed Conflict Database by the International

Institute for Strategic Studies, there are 42 active armed conflicts in the world currently,

resulting in 180,000 fatalities worldwide.11 These conflicts have created 12,181,000

9 http://www.ohchr.org/EN/HRBodies/HRC/Pages/Sessions.aspx

10 http://www.pcr.uu.se/research/ucdp/definitions/definition_of_armed_conflict/

11 https://acd.iiss.org/

Figure 1: Map of the World’s Conflicts in 2014

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refugees, which is 2.8 million more than the number in 2013. 12 What is more disturbing

is that civilian casualties in armed conflicts have expanded dramatically, by up to 90

percent since 2013.13

As the most innocent and vulnerable during armed conflicts, children are exposed to

violence, exploitation, and abuse. UNICEF estimated that in 2015, over 16 million

children were born in conflict zones, which is one of eight children born worldwide.14

More than 300,000 child soldiers are currently exploited in armed conflicts; 6 million

children have been severely injured or permanently disabled; About 20 million children

are living as refugees or internally displaced due to armed conflicts. 15 The United

Nations has categorized six grave violations against children in situations of armed

conflict:

the recruitment and use of children as soldiers;

rape and other sexual violence against children;

killing and maiming of children;

the abduction of children;

attacks against schools or hospitals;

denial of humanitarian access for children16.

In addition to the mentioned children’s rights violations, mental health redevelopment

and support to orphaned and displaced children should not be neglected, either.

12 Ibid.

13 http://www.unicef.org/search/search.php?q=Armed%20conflict&type=Main

14 http://www.novinite.com/articles/172288/Over+16+Million+Children+Born+in+Conflict+Zones+in+2015+-+UNICEF

15 http://www.international.gc.ca/rights-droits/child_soldiers-enfants_soldats.aspx?lang=eng

16 Ibid.

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Case Study

Child Soldiers in Myanmar

In Myanmar, child soldiers are widely used by both non-state armed groups and state

forces such as Myanmar’s national army, Tatmadaw Kyi. Although the Defence Services

Act in Myanmar prohibits compulsory conscription and voluntary enlistments of persons

under 18 years old, reports of unlawful child soldier use persist.17 The precise number of

child soldiers used in Myanmar is not available, however 243 complaints of underage

recruitments were reported in 2011.18 Armed opposition forces, Such as the Democratic

Karen Buddhist Army (DKBA) and Kachin Independence Army (KIA) have been

reportedly recruiting child soldiers and engaging them directly in hostilities.19

Besides the dominant pattern of forcible recruitment, youth in Myanmar do sometimes lie

about their ages to enlist in the army as result of widespread poverty and lack of

education.20 Furthermore, the Army expansion in the 1990s increased the demand for

soldiers, and still does. To meet recruitment quotas, recruiters or civilian brokers target

17 “Case Study Myanmar: A chance for change?” Child Soldiers International

18 Ibid.

19 http://www.child-soldiers.org/country_reader.php?id=4

20 “Case Study Myanmar: A chance for change?” Child Soldiers International

Figure 2: Child-soldiers of the Mong Tai Army (MTA), drug warlord Khun Sa’s

army, during tough training with their commander.

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minors, typically boys from age 14 to 17 years, who are easier to trick or pressure into

signing up. 21

Fortunately, the government of Myanmar negotiated with UN in 2012 to form an action

plan for the release and reintegration of children associated with Tatmadaw Kyi. The UN

attempted to negotiate with non-state armed groups regarding the use of children soldiers

but were forbidden to do so by the government of Myanmar. On Mar 16th, 2016, the

Myanmar army discharged 46 underage soldiers. The military has released 745 child

soldiers since the action plan was signed.22

2014 Peshawar School Massacre

Figure 3: An injured student lies in bed at a Peshawar hospital after the attack

On December 16th, 2014, seven gunmen affiliated with Taliban terrorist group attacked

the Army Public school and Degree College in Peshawar, a north-western city in

Pakistan.23 Before the attack, a car exploded behind the school to divert the attention of

security guards at the school. During the ruthless and random attack, 145 people were

killed, including 132 children, ten school staff members, and three soldiers; more than

100 were injured.24 The attackers focused on killing indiscriminately instead of taking

captives. There was no hostage situation according to Bajwa, the military spokesman of

21 Ibid

22 http://www.chiangraitimes.com/myanmars-army-discharges-46-child-soldiers.html

23 http://www.bbc.com/news/world-asia-30491435

24 http://www.cnn.com/2014/12/16/world/asia/pakistan-peshawar-school-attack/

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the Pakistani government.25 Victims of the attack were mostly students from ages 12-

16.26

The Army Public School and Degree College is home to 1,100 students on a typical

school day, and most of them are relatives of Pakistani military personnel.27 The Pakistan

Taliban quickly claimed the terrorist attack and said it was revenge for a recent military

offense by the Pakistani government.28 They wanted Pakistan to back down and stop

interfering in tribal areas and matters. Nevertheless, due to the inflamatory effect

massacreing children has, the Pakistani government’s attitude towards the Taliban was

more likely to harden further. The Taliban also opposes Western-Style education; thus,

the attack was said to be a way of symbolizing their ideologies.29

UN Intervention Optional Protocol to the Convention on the Rights of the Child on the involvement

of children in armed conflict (OPAC) was adopted by General Assembly of the United

Nations in 2000. OPAC reaffirms children’s rights of exclusive protection in situations of

armed conflict, and therefore, condemns and prohibits any attacks targeted on objects

with a significant presence of children, such as schools and hospitals.30 OPAC sets the

minimum age for compulsory state forces recruitment at 18 and 16 for voluntary

recruitments. OPAC forbids non-state forces to recruit soldiers under 18 years old.31

According to the Roman Statue of the International Criminal Court, any action of

conscripting or enlisting children under the age of 15 years old in any armed conflicts, or

participating in any form of hostilities, whether in international or non-international

conflicts, is a war crime.32

The UN Security Council has passed a series of resolutions to protect children’s rights

during armed conflict. For example, Security Council Resolution 1612 established a

“monitoring and reporting mechanism (MRM)” on violations against children in a

25 Ibid.

26 Ibid.

27 Ibid.

28 http://www.cnn.com/2014/12/16/world/asia/pakistan-taliban/index.html

29 http://www.cnn.com/2014/12/16/world/asia/pakistan-peshawar-school-attack/

30 http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx

31 Ibid

32 https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf

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situation of armed conflict.33 This established system helps to gather information on

abuse against children in conflict areas regularly, objectively, and accurately for further

use.

The special representative of Secretary-General for Children and Armed Conflict serves

as the leading UN advocate for the protection and well being of children affected by

armed conflict.34 It aims to enhance children’s protection through diplomatic and

humanitarian efforts. The current SRSG is Leila Zerrougui, appointed by the UN

Secretary-General in 2012.35

The Global Coalition to Protect Education from Attack (GCPEA), is a non-governmental

organization made up of committee representatives from Human Rights Watch (HRW),

UNICEF, UNESCO, UNHCR, etc. Commissioned by GCPEA, experts from around the

world met in Lucens, Switzerland in 2012 to develop the Draft Lucens Guideline for

Protecting Schools and Universities from Military use during Armed Conflict.36 The

guideline prohibits any form of military use on schools during armed conflict. However,

only 29 countries ratified the agreement.37 In 2015, based on the Guideline, the Safety

School Declaration was developed and has been endorsed by 52 countries.38

33 http://www.child-soldiers.org/international_standards.php

34 https://childrenandarmedconflict.un.org/mandate/our-work/

35 https://childrenandarmedconflict.un.org/mandate/leila-zerrougui/

36 http://www.protectingeducation.org/sites/default/files/documents/draft_lucens_guidelines.pdf

37 Ibid.

38 http://www.protectingeducation.org/guidelines/support

Figure 4: Child soldiers freed in South Sudan can’t wait to go back to school

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Discussion Questions

1. Are state forces eligible to accept volunteer soldiers under 18 years old? How about

non-state forces? What should be the minimum age for volunteer recruitment? What

kind of binding agreement or ratification is needed? What kind of safeguards and

training should be employed for such recruitment?

2. What can be done to strengthen the monitoring and reporting mechanism? How can

UNHRC collaborate with local NGOs and non-state actors to collect information and

investigate issues of human rights violations?

3. How can communication and collaboration between the UNHRC and other UN

committees such as the Security Council and the International Criminal Court be

enhanced to hold the parties who commit violations against children accountable,

regardless of whether or not they are state or non-state forces?

4. How can we prevent attacks targeting school and hospitals? How can we educate

children about protecting themselves when emergency situations arise? How can

schools be prevented from being used as military bases during conflict? Should

education continue amidst a conflict?

5. What can we do to help children with PTSD? After the war, what can we do to ensure

these traumatized children a better life?

DelMUN 2016 Background Guide United Nations Human Rights Council Page 11

References "About the Issues:." Child Soldiers International. N.p., n.d. Web. 03 Apr. 2016.

UN General Assembly, Rome Statute of the International Criminal Court (last amended

2010), 17 July 1998, ISBN No. 92-9227-227-6, available at:

http://www.refworld.org/docid/3ae6b3a84.html [accessed 4 April 2016]

"ACD." Armed Conflict Database. International Institute for Strategic Studies, n.d. Web.

03 Apr. 2016.

"Children and Armed Conflict." Global Affairs Canada. Government of Canada, 15 Jan.

2015. Web. 1 Apr. 2016.

"Child Soldiers Freed in South Sudan Can’t Wait to Go Back to School." A World at

School. N.p., 27 Jan. 2015. Web. 3 Apr. 2016.

"Draft Lucens Guideline for Protecting Schools and Universities from Military Use

during Armed Conflict." (2012): 1-23. GCPEA. Web. 3 Apr. 2016.

"International Standards." Child Soldier International. Child Soldier International, n.d.

Web. 3 Apr. 2016.

Max Roser (2015) – ‘War and Peace after 1945’. Published online at

OurWorldInData.org. Retrieved from: http://ourworldindata.org/data/war-peace/war-and-

peace-after-1945/ [Online Resource]

"Myanmar’s Army Discharges 46 Child Soldiers." Chiang Rai Times. Chiang Rai Times

English Language Newspaper, 16 Mar. 2016. Web. 3 Apr. 2016.

"Optional Protocol to the Convention on the Rights of the Child." United Nations Human

Rights Office of High Commissioners. United Nations General Assembly, 12 Feb. 2002.

Web. 01 Apr. 2016.

"Pakistan Taliban: Peshawar School Attack Leaves 141 Dead." CNN. Cable News

Network, 16 Dec. 2014. Web. 03 Apr. 2016.

Pettersson, Therése & Peter Wallensteen (2015) Armed Conflicts, 1946-2014. Journal of

Peace Research 52(4).

"Safe Schools Declaration." PsycEXTRA Dataset (2015): 1-2. Web. 3 Apr. 2016.

Saifi, Sophia, and Greg Botelho. "In Pakistan School Attack, Taliban Terrorists Kill 145,

Mostly Children." CNN. Cable News Network, 17 Dec. 2014. Web. 03 Apr. 2016.

"Security Council Resolution 1612." International Organization 16.2, Africa and

International Organization (2005): 422-25. JSTOR. Web. 03 Apr. 2016.

Smith-Spark, Laura, and Tim Lister. "Taliban School Attack: What Do the Militants

Want?" CNN. Cable News Network, 16 Dec. 2014. Web. 03 Apr. 2016.

DelMUN 2016 Background Guide United Nations Human Rights Council Page 12

"United Nations Human Rights Council." United Nations Human Rights Office of the

High Commissioner. N.p., n.d. Web. 1 Apr. 2016.

"War and Peace." The Guardian. Guardian News and Media, 22 Feb. 2002. Web. 01 Apr.

2016.