Study Guide HRC

8/2/2019 Study Guide HRC

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Let us never negotiate out of fear. But let us never fear to negotiate

Dear delegates,


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Council

Introduction

General Introduction

The Human Rights Council is an inter-

governmental body within the UN system

made up of 47 States responsible for

strengthening the promotion and

protection of human rights around the

globe. The Council was created by the UN

General Assembly on 15 March 2006 with

the main purpose of addressing situations

of human rights violations and make

recommendations on them.

One year after holding its first meeting, on

18 June 2007, the Council adopted its

Institution-building package providing

elements to guide it in its future work.

Among the elements is the new UniversalPeriodic Review mechanism which will

assess the human rights situations in all

192 UN Member States. Other features

include a new Advisory Committee which

serves as the Councils think tank

providing it with expertise and advice on

thematic human rights issues and the

revised Complaints Procedure mechanismwhich allows individuals and organizations

to bring complaints about human rights

violations to the attention of the Council.

The Human Rights Council also continues

to work closely with the UN Special

Procedures established by the former

Commission on Human Rights and

assumed by the Council.

On 18 June 2007, one year after holding

its first meeting, the UNHRC adopted its

Institution-building package, which

provides elements to guide it in its future

work. Among the elements was the

Universal Periodic Review. The Universal

Periodic Review will assess the human

rights situations in all 192 UN MemberStates. Another element is an Advisory

Committee, which serves as the UNHRCs

think tank, and provides it with expertise

and advice on thematic human rights

issues, that is, issues which pertain to all

parts of the world. Another element is a

Complaint Procedure, which allows

individuals and organizations to bring

complaints about human rights violations

to the attention of the Council.


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Powers and Mandate of Human

Rights Council

Special procedures is the general name

given to the mechanisms established by

the Human Rights Council to address

either specific country situations or

thematic issues in all parts of the world.

Currently, there are 33 thematic and 8

country mandates. The Office of the High

Commissioner for Human Rights provides

these mechanisms with personnel, policy,

research and logistical support for the

discharge of their mandates.

Special procedures' mandates usually callon mandate holders to examine, monitor,

advise and publicly report on human rights

situations in specific countries or territories,

known as country mandates, or on major

phenomena of human rights violations

worldwide, known as thematic mandates.

Various activities are undertaken by special

procedures, including responding toindividual complaints, conducting studies,

providing advice on technical cooperation

at the country level, and engaging in

general promotional activities.


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A brief overview of the situation of

religious minorities in the world reveals

complexity and diversity in the identity of

religious minorities. However these

minorities have issues in common too:

many are subject to severe physical,

political, social, economic and cultural

oppression and violation of rights within

their community and by their nation-

states. Many countries are beset with

violent conflicts involving minorities.

Religion is a common feature of such

disputes as events in the past and present

have highlighted. Denial of religious

minority rights is often half-hidden and

subtle. It can include limited access to

education and employment opportunities,

which leads to the perpetuation of poverty.

In other instances, it takes the form of

intimidation and violence on the part of

the state or non-state actors.Religion is a key component of political

oppression in a host of countries such asAfghanistan and Indonesia. In several

other countries like Bangladesh, Malaysia,

Pakistan Nepal and a lot of Middle East

nations, it is the assertion of national

identity.

While in China, political oppression denies

people their freedom of expression and of

the right to association. In India, the

extreme of the national identity, denies the

secular state constitution. In these and

other cases, there are threatening

implications for religious minorities, for civil

society and human rights in general, and

especially for women and other vulnerable

groups within minorities.

Peaceful attainment of minorities rights

can be done through six overarching

themes,

1) Integration vis--vis assimilation

policies by states

2) Education role, religious and

school curricula and materials

3) Human rights and customary laws,

including the status of women

4) Notions of citizenship

5) Internal security laws, the rule of

law and independent judiciary

6)

The establishment of minoritys

commission/s.

Although many of the issues described

under each of the themes are common

experiences for religious minorities across

different regions, there are certain

differences in the ways that some religious

minorities are excluded or discriminated

against by the majority community and/orgovernment.

Integration vis--vis assimilation policies bystatesThe key problems identified in cases of

abrogation of rights of religious minorities

included the marginalization of minority

religious communities. This could be

through the threat of annihilation; through

state-sponsored forcible assimilation, i.e.

Forcing people to conform to the majority;

or through a lack of state policies that

preserve religious diversity. Also, in many

cases, there being no real separation

between religion and state. In Pakistan and


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Bangladesh, state policies were considered

to be exclusionist with no genuine effort to

integrate.

In India and Nepal, policies were seen to

be assimilationist the example given was

the adoption of the uniform civil code in

India. The problem of communalism was

particularly mentioned in the case of India,

although all communities representatives

mentioned the threat of physical assaults.

The situation in Indonesia is more unusual,

as here there are already five official

religions. However those who do not

belong to one of the five religions, such as

some of the indigenous groups, are

excluded or ignored in government

policies. On the positive side, there has

been some movement by the Indonesian

government of integrating majority and

minority communities by trying to find the

least common denominator that can unite

people from diverse religious, ethnic and

linguistic backgrounds as one nation.However, finding that common

denominator has been a real challenge.

There was some debate among

participants around definitions of terms

such as integration and assimilation.

Governments often undertake policies of

assimilation under the guise of integration,

and this can lead to the further

marginalization of religious minorities.

There is strong demand for the kind of

integration that fosters pluralism and

religious diversity within countries and

regionally.

Education role, curricula and materialsFor the African and middle eastern

counties along with a lot of developing

Asian Nations commonly shared problems

including low literacy rates, especially for

minorities. Another issue is the biased

curriculum content, that either distorts

history by excluding the achievements of

religious minority communities or by

breeding hatred through specific anti-

minority rhetoric in textbooks.

There is also a fear of unregulated

religious schools that impart

fundamentalist views. This type of

indoctrination is perceived to be one of

the root causes of religious intolerance,

which has led to a rise in communalism.

Often, indigenous and tribal peoples

religious and cultural identities are treated

negatively and include practices in

education that often lead to forced

conversion. State policies and state-

determined education sometime leads toreligious and cultural indoctrination and

that it needs to be radically altered to

allow for greater insight into and

understanding of world religions.

Human rights and customary laws,including the status of women.The issue of customary laws is quite

complicated because they can have both a

negative and positive impact on human

rights. For religious communities, especially

in South Asia, the practice of customary

law, although not codified, is an essential

component of the identity of the religious

communities. However, customary laws,


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also called personal laws, may discriminate

against certain sections of society, like

women. It is here that problems arise, as

governments remain uncertain of how

such cases should be handled. For

example, the adoption of a Uniform Code

has been hotly contested in a lot of

nations as it is thought to be an imposition

of majority community law on minorities.

Dual judicial systems, such as that of

Sharia/civil law experienced in a lot of

countries, cause many problems for

minorities and may prevent them from

accessing the legal system.

The main problem facing all countries is

often the extremely low level of awareness

of people, especially women, regarding

human rights, and the lack of

implementation of international and even

constitutional human rights guarantees

signed up to by states. In a lot of states,

Muslim women have very few rights under

the Sharia, as the interpretation of theQuran in issues of divorce, polygamy,

alimony, etc. is extremely patriarchal.

Across most religious and tribal

communities the rights of women remain

secondary (although in some cases,

customary laws can offer a degree of

protection), and crimes against women,

such as dowry deaths, sati, abductions,

rape and honor killings often go

unpunished.

Notions of citizenshipIt is a general agreement that citizenship is

not merely a title, but is bound up with the

enjoyment of rights and the disbursement

of responsibilities. However the consensus

is that, in practice, not all citizens of a

country are treated equally and

marginalized groups are often denied full

citizenship. This includes:

* People being refused marriage

certificates;

*people not being able to register land in

their names;

*people not being able to claim passports

or other documentation;

*and other similar exclusionary policies.

Added to it is the plight of refugees and

illegal immigrants, and it is a concern that

the concept of citizenship as defined by

nation-states is injurious to many groups.

These include political and economic

refugees and peoples who do not conform

to notions of settled communities, for

example, pastoralists.

It is also the realization that external forces

have had a negative impact on citizenship

and the rights of citizens within a lot ofcountries, especially the Asian countries.

The increased state control post 9/11 and

the war on terror. Priorities in the west

regarding security are being played out in

Asia and are allowing states to discriminate

even further against religious minority

communities.

Internal security laws, the rule of law andthe judiciaryInternal security laws and anti-terror laws

are used against communities that do not

fall in line with state policies. Such laws are

used to quash dissent and are often


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misused against political opponents,

minorities and other vulnerable groups. In

various countries, Terrorism Prevention

Laws are used to detain people belonging

to particular religious communities

unlawfully. The police have become very

communalized and are biased against

religious minority communities. This

communalism has also manifested itself in

the lower and high courts, and has

encouraged corruption and prejudice

within the judiciary.

In Nepal, the Maoist insurgency has

resulted in the military controlling certain

areas and Maoists controlling others.

Terrorist laws have been enacted, but the

clampdown has affected indigenous

peoples and Dalits most severely, because

these poorer sections of society are

automatically viewed as Maoist supporters.

Malaysia has had internal security laws

since the 1970s. Illegal detentions are

common and there is no judicial scrutiny ofthe process. The Patriot Act and other

legislations in western nations are no

exceptions.

In Bangladesh and Pakistan, military

operations against certain communities,

for example the hill tribes in Chittagong,

and harassment of religious minorities

especially along border areas is taking

place under the guise of the war against

terror.

Torture is widespread in nearly all

countries of the world. There also exists a

strong feeling that the wests war on terror

is legitimizing Asian governments misuse

of internal security laws and this is leading

to further human rights violations and

repression.

Establishment of minorities commission/s.There has been considerable debate

around the suggestion, of the prospect of

establishing a minorities commission.

Two main issues are raised. First, whether a

commission was needed at all. There were

existing mechanisms in place, although

such mechanisms had done little to

prevent massacres/genocides. There is a

fear that it would be powerless and would

inevitably lose legitimacy in the eyes of

governments and peoples. Second, there

was some fear that using the word

minorities could be harmful and might

aggravate relations between minorities

and the majority communities. Also, there

would be some difficulty in terms of

representing indigenous and tribalpeoples, as certain groups did not want to

classify themselves as a minority.

There is a certain reluctance to promote a

world-wide commission, as this was felt to

be too ambitious an undertaking. A more

practicable solution was to have

representatives or commissions at a

national level within each country. In the

future, these could try to coordinate their

activities regionally and then gradually in

the world forum level. It is also argued that

the decision on whether a regional

commission is needed should be taken

only by regional/national organizations.


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However it is argued strongly for a

regional commission that would help

countries in a region deal with their

national governments. Representatives

from a similar region can form a

commission to monitor, report and

undertake advocacy and to put greater

pressure on governments to recognize the

mistreatment of religious minorities in their

countries.

However, the duties, functions, powers and

mandate of any such commission, is found

are also unclear.

Separation of state actors from negativereligious/communal influencesThe discussion under

assimilation/integration has strong links to

that on citizenship and both are combined

under the broad problem of negative

influences on state actors. Strategies for

change focuses on the training of target

audiences such as teachers, police, judges,lawyers, students, members of political

parties and journalists. It is also suggested

at the international level to pressurize

states to recognize and protect the rights

of religious minorities, and to commission

case studies on how religious influences

affect policies/actions against minorities in

different countries.

Removing bias and engenderingmulticulturalism in educationTo combat problems of anti-minority

content and a lack of religious

pluralism/diversity in school curricula, it is

important to coordinate a plan of action

across the region that would provide

alternative educational materials, which are

already being developed. These materials,

which challenge negative stereotypes and

support diversity should be promoted.

Human rights and the reform ofdiscriminatory customary lawsThere is a need to complement actions

that are taking place at local and national

levels on human rights education, legal

training, and country-specific advocacy.

There are currently changes taking place,

regarding minority womens efforts to

reform customary/personal laws that are

harmful to them. These could be used as

examples of good practice to mobilize

people into action.

Also reform of internal security laws and

practices through international advocacy is

important. It is a belief that only strong

advocacy at international forums would

pressurize their governments into

amending internal security laws and doingaway with practices like illegal detention

and torture while in detention. Convention

Against Torture (CAT) and the Committee

on the Elimination of Racial Discrimination

(CERD) should be publicized so that

nations have pressure on implementing

the provisions contained therein. Support

to organizations that are involved in

minority issues by compiling positive

rulings/decisions of courts (national and

international) on minority issues (especially

religion-based) should be provided. Both

actions would greatly facilitate the work of

organizations, in terms of advocating


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governments to implement the terms of

these conventions and in punishing

violations against minorities.

MiscellaneousThe BAN BURQUAFrance has passed laws mandating on

what women can and cannot wear.

Defying them, would simply imprison you.

But then why only do they ban the Burqua.

Why do they fail to see the difference

between a Burqua and a Nuns habit.

100 Mosques in Manhattan;Zero Churches, Synagogues in SaudiArabia.The Grand Mosque in Mecca is 90%

bigger that Vatican. However, the largest

European mosque, with a capacity of

40,000, is in Rome. On the other hand,Saudi Arabia had no qualms about

deporting a Christian pastor with a measly

little house church of 10 people.

India: More Anti-Christian Persecution.Hindu Extremists Torture ChristianCountless churches, houses and shops

have been gutted. Even Christian

orphanages have not been spared. The

increase in anti-Christian violence in India

bears a direct relationship to the

ascendancy of certain, particular political

parties. Incidents of violence against

Christians have occurred in many parts of


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India. It is especially prevalent in the States

ofGujarat, Maharashtra, Uttar Pradesh,

Jharkhand, Chhattisgarh, Bihar, Madhya

Pradesh, Karnataka and Orissa ( 9 out of

28 sates that the nation has).

Breaking down places of worship to buildmallsVery reliable sources of information states

that some countries like china have broken

down Monasteries to build malls. Sources

also say that there are talks of breaking

down churches in the USA just for the

construction of a new shopping complex.

In China, assimilationist policies are

centered on communism/nationalism and

religion is excluded.

China a story best left untoldThe issue of Tibet is a centuries-old debate

that appears to have no resolution athand. At the heart of the conflict are deep

cultural divisions and distrust on the part

of Chinese and Tibetan alike.

The Chinese government reported that 18

civilians and one police officer were killed

and 382 were injured. Additionally there

was an estimated $244 million yuan ($35.7

million) in damages.

Meanwhile, the Tibetan government in

exile has said that the Chinese response to

the riots have led to more than 140 deaths

and thousands of arrests.

Since the riots, Chinese officials and

representatives of the Dalai Lama have

met three times to find some solution to

the conflict

The most recent meeting began in early

November 2008, but during the talks, the

Dalai Lama, who was visiting Japan, told

reporters that his faith in the Chinese

government was becoming "thinner and

thinner". He also said that he will no longer

talk with China about Tibetan autonomy

and that he has lost faith in any

negotiation between the two sides.

Chinese security forces have been on edge

after 16 incidents of self-immolation byethnic Tibetans over the last year in

response to growing resentment of

Beijing's controls on religion. Some have

called for the return of the Dalai Lama,

their exiled Buddhist leader.

The mountainous western part of Sichuan

province where the recent unrest has been

concentrated is dominated by Tibetans

and lies next to the official Tibetan

Autonomous Region.
http://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Uttar_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Uttar_Pradeshhttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Gujarat


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ConclusionAny topic involving religious minorities is

going to be one of contention in the

international scope. For centuries, religious

persecution against those who have

political, financial, or demographical

disadvantage has been common.

There has also been a great deal of

religious discrimination, either based on

appearance, cultural celebration, or family

makeup. As we approach modern day,

these discriminations have not necessary

lessened, but instead have become subtler.

It is the goal of this committee to reduce

these discriminations, and ensure that

regardless of religion and ethnicity, all

have an equal opportunity to achieve a

satisfactory and healthy lifestyle.


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History

Torture is defined as any act by which

severe pain or suffering, whether physical

or mental, is intentionally inflicted on a

person for such purposes as obtaining

from him or a third person information or

a confession, punishing him for an act he

or a third person has committed or is

suspected of having committed, or

intimidating or coercing him or a third

person, or for any reason based on

discrimination of any kind, when such pain

or suffering is inflicted by or at theinstigation of or with the consent or

acquiescence of a public official or other

person acting in an official capacity. It does

not include pain or suffering arising only

from, inherent in or incidental to lawful

sanctions. as per the CONVENTION

AGAINST TORTURE and Other Cruel,

Inhuman or Degrading Treatment orPunishment.

History has always been acquainted with

the usage of torture as a method of

punishment. It has been used a tool for

punishment, interrogation, coercion, and

political re-education. Torture however has

not been restricted to the usage by only

the powerful few but also the commons

for purposes alike, however with intentions

of sadistic pleasures also involved. In

ancient times, such as that of Ancient

Greece and Ancient China, torture was a

common practice used for punishment

purposes. Brazen Bull and The Five Pains

are prime example of the same from

ancient times. Inflicting pain was a norm till17th century B.C. till the birth of the idea of

Humanism. The first country to ponder on

the same and make an attempt to rectify

the same was the English, where they

denounced it in the English Bill of Rights of

1689. Torture found its way into the

Universal Declaration of Human Rights

which draws its principles from the Charterof the United Nations itself and is a part of

the International Customary Laws,

prohibits states from practicing the same.

Primarily an exercise limited to the slave

class later found being used against

anyone from the lower classes of the

society as prime mode of ostracizing and

punishment. Few of the oldest forms oftorture include crucifixion and

exsanguinations. Over the time, torture

was seemed as an accepted norm if the

accused was half-guilty proven as it fell

completely under the ambit of law in

Europe. Capital Punishment was also

understood as a valid form of punishment

and the torturous methods were used anddisplayed in public to reinforce fear and

loyalty amongst the citizens.

In contemporary time, world has always

been apprehensive of the practice and has

condemned it; however various states


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have then and till date practice it as a very

common method of punishment. A direct

violation of the human rights, the world

community upon various instances has

acted very stringently and harshly against

the perpetrators who violated these laws,

with the use of sanctions of various sorts

and even to the extent of military

intervention. Torture has become

distressingly common in liberal

democracies despite several international

treaties such as the International Covenant

on Civil and Political Rights and the UN

Convention Against Torture making torture

illegal. Despite such international

conventions, torture cases continue to

arise such as the 2004 Abu Ghraib torture

and prisoner abuse scandal.

Legal Aids

Under the domain of International Law

various documents exist that prohibit,

prevent, or help in curbing the usage of

torture. Some of same have been

mentioned as follows:

1. Universal Declaration of Human

Rights: Even though a the

document doesnt require

ratification but has been widelyaccepted in the forum of

Customary International Law helps

to establish a very essential base for

various other documents that have

followed since. Article 5 of UDHR

states, No one shall be subjected

to torture or to cruel, inhuman or

degrading treatment or

punishment.

2. The United Nations Convention

against Torture and Other Cruel,

Inhuman or Degrading Treatment

or Punishment (CAT): The

Convention against torture is a very

substantial document, as it provides

us with the definition of torture,

restrains on the practice and

ramification of the act. The most

important articles in the Convention

are Article 1, 2, 3 and Article 16(1).

3. The Optional Protocol of

Convention Against Torture

(OPCAT): As stated in Article 1, the

purpose of the protocol is to

"establish a system of regular visits

undertaken by independent

international and national bodies to

places where people are deprivedof their liberty, in order to prevent

torture and other cruel, inhuman or

degrading treatment or

punishment." Each state ratifying

the OPCAT, according to Article 17,

is responsible for creating or

maintaining at least one

independent national preventive

mechanism for torture prevention

at the domestic level.
http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/UN_Convention_Against_Torturehttp://en.wikipedia.org/wiki/UN_Convention_Against_Torturehttp://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abusehttp://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abusehttp://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abusehttp://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abusehttp://en.wikipedia.org/wiki/UN_Convention_Against_Torturehttp://en.wikipedia.org/wiki/UN_Convention_Against_Torturehttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rightshttp://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights


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Geneva Conventions: The Geneva

Convention Three (GCIII) and The Geneva

Convention Four (GCIV) are in regards tothe victims and parties of armed conflicts.

Common Article 3 states that, "Persons

taking no active part in the hostilities,

including members of armed forces who

have laid down their arms... shall in all

circumstances be treated humanely." The

treaty also states that there must not be

any "violence to life and person, in

particular murder of all kinds, mutilation,

cruel treatment and torture" or "outragesupon personal dignity, in particular

humiliating and degrading treatment"

RULES OF GENERAL APPLICATIONBasic principle(1) The following rules shall be applied

impartially. There shall be no

discrimination on grounds of race, colour,

sex, language, religion, political or other

opinion, national or social origin, property,

birth or other status.

(2) On the other hand, it is necessary to

respect the religious beliefs and moral

precepts of the group to which a prisoner

belongs.

Register(1) In every place where persons are

imprisoned there shall be kept a bound

registration book with numbered pages in

which shall be entered in respect of each

prisoner received:

(a) Information concerning his identity;

(b) The reasons for his commitment and

the authority therefor;

(c) The day and hour of his admission and

release.

(2) No person shall be received in an

institution without a valid commitmentorder of which the details shall have been

previously entered in the register.

3. The different categories of prisoners

shall be kept in separate institutions or

parts of institutions taking account of their

sex, age, criminal record, the legal reason

for their detention and the necessities of

their treatment. Thus :

(a) Men and women shall so far as possiblebe detained in separate institutions; in an

institution which receives both men and

women the whole of the premises

allocated to women shall be entirely

separate;

(b) Untried prisoners shall be kept separate

from convicted prisoners;

(c) Persons imprisoned for debt and other

civil prisoners shall be kept separate from

persons imprisoned by reason of a criminal

offence;

(d) Young prisoners shall be kept separate

from adults.

Accommodation4. Where sleeping accommodation is in

individual cells or rooms, each prisoner

shall occupy by night a cell or room by

himself. If for special reasons, such astemporary overcrowding, it becomes

necessary for the central prison

administration to make an exception to

this rule, it is not desirable to have two

prisoners in a cell or room.

5. Where dormitories are used, they shall


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be occupied by prisoners carefully selected

as being suitable to associate with one

another in those conditions. There shall be

regular supervision by night, in keeping

with the nature of the institution.

6. All accommodation provided for the useof prisoners and in particular all sleeping

accommodation shall meet all

requirements of health, due regard being

paid to climatic conditions and particularly

to cubic content of air, minimum floor

space, lighting, heating and ventilation.

7. In all places where prisoners are

required to live or work :

(a) The windows shall be large enough toenable the prisoners to read or work by

natural light, and shall be so constructed

that they can allow the entrance of fresh

air whether or not there is artificial

ventilation;

(b) Artificial light shall be provided

sufficient for the prisoners to read or work

without injury to eyesight.

8. The sanitary installations shall be

adequate to enable every prisoner to

comply with the needs of nature when

necessary and in a clean and decent

manner.

9. Adequate bathing and shower

installations shall be provided so that every

prisoner may be enabled and required to

have a bath or shower, at a temperaturesuitable to the climate, as frequently as

necessary for general hygiene according

to season and geographical region, but at

least once a week in a temperate climate.

10. All pans of an institution regularly used

by prisoners shall be properly maintained

and kept scrupulously clean at all times.

Personal hygiene11. Prisoners shall be required to keep

their persons clean, and to this end they

shall be provided with water and with such

toilet articles as are necessary for health

and cleanliness.

12. In order that prisoners may maintain a

good appearance compatible with their

self-respect, facilities shall be provided for

the proper care of the hair and beard, and

men shall be enabled to shave regularly.

Clothing and bedding13. Every prisoner who is not allowed to

wear his own clothing shall be provided

with an outfit of clothing suitable for the

climate and adequate to keep him in good

health. Such clothing shall in no manner

be degrading or humiliating.

14. All clothing shall be clean and kept in

proper condition. Underclothing shall be

changed and washed as often as

necessary for the maintenance of hygiene.

15. In exceptional circumstances, whenever

a prisoner is removed outside the

institution for an authorized purpose, he

shall be allowed to wear his own clothing

or other inconspicuous clothing.

16. If prisoners are allowed to wear their

own clothing, arrangements shall be madeon their admission to the institution to

ensure that it shall be clean and fit for use.

17. Every prisoner shall, in accordance with

local or national standards, be provided

with a separate bed, and with separate


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and sufficient bedding which shall be clean

when issued, kept in good order and

changed often enough to ensure its

cleanliness.

Food18. Every prisoner shall be provided by

the administration at the usual hours with

food of nutritional value adequate for

health and strength, of wholesome quality

and well prepared and served.

19. Drinking water shall be available to

every prisoner whenever he needs it.

Exercise and sport20. Every prisoner who is not employed in

outdoor work shall have at least one hour

of suitable exercise in the open air daily if

the weather permits.

21. Young prisoners, and others of suitable

age and physique, shall receive physical

and recreational training during the period

of exercise. To this end space, installationsand equipment should be provided.

Medical service22. At every institution there shall be

available the services of at least one

qualified medical officer who should have

some knowledge of psychiatry. The

medical services should be organized in

close relationship to the general health

administration of the community or nation.

They shall include a psychiatric service for

the diagnosis and, in proper cases, the

treatment of states of mental abnormality.

23. Sick prisoners who require specialist

treatment shall be transferred to

specialized institutions or to civil hospitals.

Where hospital facilities are provided in an

institution, their equipment, furnishings

and pharmaceutical supplies shall be

proper for the medical care and treatment

of sick prisoners, and there shall be a staffof suitable trained officers.

24. The services of a qualified dental

officer shall be available to every prisoner.

25. In women's institutions there shall be

special accommodation for all necessary

pre-natal and post-natal care and

treatment. Arrangements shall be made

wherever practicable for children to betorn in a hospital outside the institution. If

a child is born in prison, this fact shall not

be mentioned in the birth certificate.

26. Where nursing infants are allowed to

remain in the institution with their mothers,

provision shall be made for a nursery

staffed by qualified persons, where the

infants shall be placed when they are not

in the care of their mothers.

27. The medical officer shall see and

examine every prisoner as soon as possible

after his admission and thereafter as

necessary, with a view particularly to the

discovery of physical or mental illness and

the taking of all necessary measures; the

segregation of prisoners suspected of

infectious or contagious conditions; thenoting of physical or mental defects which

might hamper rehabilitation, and the

determination of the physical capacity of

every prisoner for work.

Discipline and punishment


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28. Discipline and order shall be

maintained with firmness, but with no

more restriction than is necessary for safe

custody and well-ordered community life.

29. The following shall always be

determined by the law or by the regulationof the competent administrative authority:

(a) Conduct constituting a disciplinary

offence;

(b) The types and duration of punishment

which may be inflicted;

(c) The authority competent to impose

such punishment.

30. The following shall always be

determined by the law or by the regulationof the competent administrative authority:

(a) No prisoner shall be punished except in

accordance with the terms of such law or

regulation, and never twice for the same

offence.

(b) No prisoner shall be punished unless

he has been informed of the offence

alleged against him and given a properopportunity of presenting his defence. The

competent authority shall conduct a

thorough examination of the case.

(c) Where necessary and practicable the

prisoner shall be allowed to make his

defence through an interpreter.

31. Corporal punishment, punishment by

placing in a dark cell, and all cruel,

inhuman or degrading punishments shall

be completely prohibited as punishments

for disciplinary offences.

Instruments of restraint32. Instruments of restraint, such as

handcuffs, chains, irons and strait-jacket,

shall never be applied as a punishment.

Furthermore, chains or irons shall not be

used as restraints. Other instruments of

restraint shall not be used except in thefollowing circumstances:

(a) As a precaution against escape during

a transfer, provided that they shall be

removed when the prisoner appears

before a judicial or administrative

authority;

(b) On medical grounds by direction of the

medical officer;

(c) By order of the director, if other

methods of control fail, in order to preventa prisoner from injuring himself or others

or from damaging property; in such

instances the director shall at once consult

the medical officer and report to the

higher administrative authority.

33. The patterns and manner of use of

instruments of restraint shall be decided by

the central prison administration. Such

instruments must not be applied for any

longer time than is strictly necessary.

Information to and complaints byprisoners34. Every prisoner on admission shall be

provided with written information about

the regulations governing the treatment of

prisoners of his category, the disciplinary

requirements of the institution, theauthorized methods of seeking

information and making complaints, and

all such other matters as are necessary to

enable him to understand both his rights

and his obligations and to adapt himself to

the life of the institution.


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If a prisoner is illiterate, the aforesaid

information shall be conveyed to him

orally.

35. Every prisoner shall have the

opportunity each week day of making

requests or complaints to the director ofthe institution or the officer authorized to

represent him.

Contact with the outside world36. Prisoners shall be allowed under

necessary supervision to communicate

with their family and reputable friends at

regular intervals, both by correspondence

and by receiving visits.

37. (a) Prisoners who are foreign nationals

shall be allowed reasonable facilities to

communicate with the diplomatic and

consular representatives of the State to

which they belong.

(b) Prisoners who are nationals of States

without diplomatic or consular

representation in the country and refugees

or stateless persons shall be allowed

similar facilities to communicate with the

diplomatic representative of the State

which takes charge of their interests or any

national or international authority whose

task it is to protect such persons.

38. Prisoners shall be kept informed

regularly of the more important items of

news by the reading of newspapers,periodicals or special institutional

publications, by hearing wireless

transmissions, by lectures or by any similar

means as authorized or controlled by the

administration.

Books39. Every institution shall have a library for

the use of all categories of prisoners,

adequately stocked with both recreational

and instructional books, and prisoners shall

be encouraged to make full use of it.

Religion40.(a) If the institution contains a sufficient

number of prisoners of the same religion,

a qualified representative of that religion

shall be appointed or approved. If the

number of prisoners justifies it and

conditions permit, the arrangement should

be on a full-time basis.(b) A qualified representative appointed or

approved under paragraph (1) shall be

allowed to hold regular services and to pay

pastoral visits in private to prisoners of his

religion at proper times.41. So far as practicable, every prisoner

shall be allowed to satisfy the needs of his

religious life by attending the servicesprovided in the institution and having in

his possession the books of religious

observance and instruction of his

denomination.

Retention of prisoners' property42.(a) All money, valuables, clothing and

other effects belonging to a prisoner which

under the regulations of the institution he

is not allowed to retain shall on his

admission to the institution be placed in

safe custody. An inventory thereof shall be

signed by the prisoner. Steps shall be

taken to keep them in good condition.


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(b) On the release of the prisoner all such

articles and money shall be returned to

him except in so far as he has been

authorized to spend money or send any

such property out of the institution, or it

has been found necessary on hygienic

grounds to destroy any article of clothing.The prisoner shall sign a receipt for the

articles and money returned to him.

(c) Any money or effects received for a

prisoner from outside shall be treated in

the same way.

(d) If a prisoner brings in any drugs or

medicine, the medical officer shall decide

what use shall be made of them.

Notification of death, illness, transfer, etc.43. (a) Upon the death or serious illness of,

or serious injury to a prisoner, or his

removal to an institution for the treatment

of mental affections, the director shall at

once inform the spouse, if the prisoner is

married, or the nearest relative and shall in

any event inform any other person

previously designated by the prisoner.

(b) A prisoner shall be informed at once of

the death or serious illness of any near

relative. In case of the critical illness of a

near relative, the prisoner should be

authorized, whenever circumstances allow,

to go to his bedside either under escort or

alone.

(c) Every prisoner shall have the right to

inform at once his family of his

imprisonment or his transfer to another

institution.

Removal of prisoners44.(a) When the prisoners are being

removed to or from an institution, they

shall be exposed to public view as little as

possible, and proper safeguards shall be

adopted to protect them from insult,

curiosity and publicity in any form.

(b) The transport of prisoners in

conveyances with inadequate ventilation

or light, or in any way which would subjectthem to unnecessary physical hardship,

shall be prohibited.

(c) The transport of prisoners shall be

carried out at the expense of the

administration and equal conditions shall

obtain for all of them.

Institutional personnel45.(a) The prison administration, shall

provide for the careful selection of everygrade of the personnel, since it is on their

integrity, humanity, professional capacity

and personal suitability for the work that

the proper administration of the

institutions depends.

(b) The prison administration shall

constantly seek to awaken and maintain in

the minds both of the personnel and of

the public the conviction that this work is a

social service of great importance, and to

this end all appropriate means of

informing the public should be used.

(c) To secure the foregoing ends,

personnel shall be appointed on a full-time

basis as professional prison officers and

have civil service status with security of

tenure subject only to good conduct,

efficiency and physical fitness. Salaries shall

be adequate to attract and retain suitablemen and women; employment benefits

and conditions of service shall be

favourable in view of the exacting nature

of the work.


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46.(a) The personnel shall possess an

adequate standard of education and

intelligence.

(b) Before entering on duty, the personnel

shall be given a course of training in their

general and specific duties and be

required to pass theoretical and practicaltests.

(c) After entering on duty and during their

career, the personnel shall maintain and

improve their knowledge and professional

capacity by attending courses of in-service

training to be organized at suitable

intervals.

47. All members of the personnel shall at

all times so conduct themselves and

perform their duties as to influence the

prisoners for good by their example and to

command their respect.

48.(a) Officers of the institutions shall not,

in their relations with the prisoners, use

force except in self-defense or in cases of

attempted escape, or active or passive

physical resistance to an order based on

law or regulations. Officers who have

recourse to force must use no more than

is strictly necessary and must report the

incident immediately to the director of the

institution.

(b) Prison officers shall be given special

physical training to enable them to restrain

aggressive prisoners.(c) Except in special circumstances, staff

performing duties which bring them into

direct contact with prisoners should not be

armed. Furthermore, staff should in no

circumstances be provided with arms

unless they have been trained in their use.

MiscellaneousThe Abu Gharib story

As you know, on 14 January 2004, a

criminal investigation was initiated to

examine allegations of detainee abuse at

the Baghdad confinement facility at Abu

Ghraib. Shortly thereafter, the

commanding general of Combined Joint

Task Force Seven requested a separate

administrative investigation into systemic

issues such as command policies and

internal procedures related to detention

operations. That administrative

investigation is complete; however, the

findings and recommendations have not

been approved. As a result of the criminal

investigation, six military personnel have

been charged with criminal offenses toinclude conspiracy, dereliction of duty,

cruelty and maltreatment, assault, and

indecent acts with another. The coalition

takes all reports of detainee abuse

seriously, and all allegations of

mistreatment are investigated. We are


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committed to treating all persons under

coalition control with dignity, respect and

humanity. Coalition personnel are

expected to act appropriately, humanely,

and in a manner consistent with the

Geneva Conventions.

The North Korean government may deny

their existence, but photos taken from

space have revealed in unprecedented

detail the concentration camps that are

used imprison more than 200,000 citizens.

Men, women and children are forced to

work seven days a week as slaves and eat

'rats, frogs, snakes, insects' and even

faeces to battle starvation in the camps.

Previously there have been blurred imagestaken by satellite but new detailed pictures

from South Korea's Unification Ministry

allow a closer look at the sites - and also

prove they have grown.

Experts say the tens of thousands of

prisoners at the camps are often taken

from their homes or in the street for

supposed 'political crimes' rather than

actual misdemeanors.

Amnesty International has compared the

satellite images to those taken 10 years

ago and confirms they are growing in size

and branded them 'hellish'.

'The outside world certainly doesn't know

what's going on and very little from the

inside comes out,' Sam Zarifi, fromAmnesty International said last month.

Documents

Study Guide HRC