ISMUN 2015

United Nations Human Rights

Council

Agenda- Rights of Refugees and IDPs

Respected delegates,

Welcome to the Human Rights Council at ISMUN 2015. It gives us immense pleasure to have you as a part of this committee. Since there is so much to be said to all of you we shall skip the formal letter that was supposed to fill this page and give you an introductory remark that will familiarize you with exactly what we are looking at then we discuss this agenda and how we expect you to prepare for the committee

Firstly, you may use this background guide as a starter to your research and give direction to committee with fruitful debate. Please do note that the points mentioned in this guide are all encompassing and extremely important for debate in committee. However, at no point in time can any of the content of this guide be used as substantial proof in the committee and kindly don’t limit your research to the contents of this guide.

Our agenda is the Rights of refugees and internally displaces persons, In order to perform well you all must have adequate knowledge on all the subjects and the aspects relating to our agenda whether political, economic or humanitarian. In order to assist you, the very first part of the guide contains the steps you should take to approach this agenda and committee. Please do have a look.

Secondly, please feel free to contact us at anytime through mail, Facebook or even personally regarding any doubts you may have.

Lastly, in this academic simulation of the HRC what we desire from the delegates is not how experienced or articulate they are. Rather, we want to see how you as delegates can respect disparities and differences of opinion, work around them, without compromising your own stand, thereby reaching a unanimously acceptable practical solution.

Also, Delegates please note that you need to send in Position Papers, details for which are given in the end of the document.

We expect for you to debate, discuss, and negotiate and to make the best of this amazing experience of MUNing, to develop a passion for it like the three of us have. We once again welcome you to this committee and hope to see two days of brilliant debate.

All the very best.

Devika Jain Medha Mathur Nirbhay Varma

Chairperson Vice Chairperson Rapporteur

HOW TO BE A GOOD DELEGATE IN THIS HRC WITH THIS

AGENDA

Step 1 Read the agenda and divide it into parts. “Rights of Refugees and IDPs”

Step 2 Analyse it on your own first. Find areas within the topic. Serves two purposes:

1. Gives you an idea as to what exactly to look for while researching

2. Helps you direct debate in committee in a more effective manner

Step 3 Read the Background Guide completely. Analise it to get a basic understanding

of key issues.

Step 4 Analyse what are the new areas that need to be explored by the UN, or find

flaws within the current system or find geographical areas that need attention.

Research on any guidelines in these areas that you may find.

Step 5 Prepare a structure of debate if you were the only person in the committee to

spend two days giving a sectional lecture on the topic. At this point, read your foreign

policy, check what your country has to say or has done regarding statelessness. Check

your refugee, immigrant, asylum laws.

Step 6 Figure out solutions at the UN global level. How to facilitate the functioning o

the solution oriented approach of the UNHCR (given in this BG).

That prepares you for the committee. A complete delegate would do all of these.

QUESTIONS TO CONSIDER WITHIN THIS AGENDA

Why we are writing this now instead of conclusion is because it’s best to know what to look for, in which direction to research and think before treating the agenda and the Background Guide itself. Also, so that you DON’T skip this section. This is only to facilitate your research progress.

Why is being an IDP or a refugee problem, In terms of access to benefits, rights, jurisdiction, legal services, no protecting State apparatus, and indefinite mobility? Why is there lack of importance given to IDPs? Why is there a lack of legal tools and standards for them? Can Qualifications to be a refugee-standardized? Is that’s what is causing so much statelessness? Detention of refugee and IDP. Whose jurisdiction? Discrimination in terms of access to basic amenities. Is A separate document or body or organisation needed to directly administer displaces populations of the world and protect them? What are possible Positive developments and recommendations to deal effectively with the challenge of refugees and IDPS and how to take the good practices forward? How can displacement be avoided? Can UN recognize a person as an international citizen if any sovereign state does not? How to ensure rehabilitation of IDPs particulary, how to accommodate them in the 4rs framework?

ACCEPTED EVIDENCES AND PROOFS IN COMMITTEE

1. News Sources:

a. REUTERS – Any Reuters article which clearly makes mention of the fact or is in contradiction of the fact being stated by a delegate in council. (http://www.reuters.com) (Also please note, that reuters may not be accepted by other member nations)

b. State operated News Agencies – These reports can be used in the support of or against the State that owns the News Agency. These reports, if credible or substantial enough, can be used in support of or against any Country as such but in that situation, they can be denied by any other country in the council. Some examples are,

i. RIA Novosti (Russia) http://en.rian.ru/

ii.IRNA (Iran) http://www.irna.ir/ENIndex.htm

iii.BBC (United Kingdom) http://www.bbc.co.uk/

Iv. Xinhua News Agency and CCTV (P.R. China) http://cctvnews.cntv.cn/

2. Government Reports: These reports can be used in a similar way as the State Operated News Agencies reports and can, in all circumstances, be denied by another country. However, a nuance is that a report that is being denied by a certain country can still be accepted by the Executive Board as credible information. Examples are,

i. Government Websites like the State Department of the United States of America (http://www.state.gov/index.htm) or the Ministry of Defense of the Russian Federation (http://www.eng.mil.ru/en/index.htm)

ii. Ministry of Foreign Affairs of various nations.

iii. Permanent Representatives to the United Nations http://www.un.org/en/members/

iv. Multilateral Organizations like the NATO (http://www.nato.int/cps/en/natolive/index.htm), ASEAN (http://www.aseansec.org/), OPEC (http://www.opec.org/opec_web/en/), etc.

3. UN Reports: All UN Reports are considered are credible information or evidence for the Executive Board of the GA.

i. UN Bodies: Like the SC (http://www.un.org/Docs/sc/), GA (http://www.un.org/en/ga/), HRC (http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx) etc.

ii. UN Affiliated bodies like the International Atomic Energy Agency (http://www.iaea.org/), World Bank (http://www.worldbank.org/), International Monetary Fund (http://www.imf.org/external/index.htm), International Committee of the Red Cross (http://www.icrc.org/eng/index.jsp), etc.

iii. Treaty Based Bodies like the Antarctic Treaty System (http://www.ats.aq/e/ats.htm), the International Criminal Court (http://www.icc- cpi.int/Menus/ICC)

Under no circumstances will sources like Wikipedia (http://www.wikipedia.org/), Amnesty

International (http://www.amnesty.org/), Human Rights Watch (http://www.hrw.org/) or

newspapers like the Guardian (http://www.guardian.co.uk/), Times of India

(http://timesofindia.indiatimes.com/), etc. be accepted.

ABOUT THE HUMAN RIGHTS COUNCIL

COMMITTEE HISTORY The Commission on Human Rights (CHR) was established by the Economic and Social Council (ECOSOC) in early 1946 for the promotion of human rights, as envisioned in Article 68 of the Charter and was given the duty of revising and modifying the UDHR. The Commission spent its first two decades following a decidedly more absentee policy, operating primarily as a treaty-writing body, and it was not until the late 1960s that it began publicly monitoring human rights violations and taking interventionist action, developing a tradition of adopting resolutions on issues in specific countries. A body of 53 members, the CHR met once a year for six weeks in Geneva to evaluate instances of human rights violations, spur investigations, appoint experts to assist governments in restoring full enjoyment of human rights, and submit recommendations, proposals and reports to ECOSOC. The value of protecting and promoting human rights continued to grow but the integrity of the Commission itself received “severe criticism” for its politicization, selective monitoring, and membership. For example, in the early 2000s, the unprecedented focus on the human rights violations by Israel conjoined with the dismissive response to other clear human rights crises, as well as the membership of countries known for severe human rights violations contributed to the Secretary-General’s recommendation in 2005 to dissolve the CHR in favor of the Human Rights Council (HRC). The construction of this new council was a progressive step towards a more impartial and effective human rights body in the United Nations.

MANDATE

Recognizing the need to preserve and build on the Commission’s achievements and to

redress its shortcomings, the HRC was created to ensure stronger system wide

coherence and preserve the value of human life ‘in larger freedom.’The Council was

charged with, inter alia, assuming the roles and responsibilities of the Commission,

promoting the full implementation of human rights obligations, responding to human

rights emergencies, undertaking a Universal Periodic Review5 , and making

recommendations to States and the General Assembly (GA).

GOVERNANCE, STRUCTURE AND MEMBERSHIP

The HRC is a charter based subsidiary body of the General Assembly established by

resolution 60/251 of 3rd April 2006. It consists of fortyseven members elected directly

and individually by secret ballot of the General Assembly for a membership based on

equitable geographical distribution. It convenes a minimum of three times a year, with

a total annual duration of no fewer than ten weeks. Aside from the mandate and

general structure of the Council, the majority of the institution’s features were left up

to the Council to formulate in their first year’s Institution Building Process. The

improvement upon the Commission’s Special and Complaint Procedures, and the

development of the Universal Periodic Review procedure were al developed and

adopted by HRC resolution 5/1, the Institution Building Package, on 18 June 2007.

FUNCTIONS AND POWERS

The functions and powers of the HRC were developed to allow it to make an efficient

and impartial impact on the status of human rights. The Special Procedures of the

Council direct the individual ‘human rights experts and working groups’ to report and

advise on human rights’ situations from a thematic or country specific perspective

while remaining impartial, objective, and independent of the UN. Actions of this body

in undertaking country visits; gathering information and analysis in order to

contribute to the development of international human rights standards; sending

letters of allegations to States for human rights violations; raising public awareness of

abuses; and introducing annual reports to the Council and the General Assembly.

INTRODUCTION TO THE AGENDA

WHO ARE REFUGEES?

A person who is outside their home country because they have suffered (or feared)

persecution on account of race, religion, nationality, or political opinion; because they

are a member of a persecuted social category of persons; or because they are fleeing a

war is referred to as a refugee.

The 1951 Refugee Convention further spells out that a refugee is someone who "owing

to a well-founded fear of being persecuted for reasons of race, religion, nationality,

membership of a particular social group or political opinion, is outside the country of

his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of

the protection of that country."

WHO ARE IDPS?

IDPS are often defined as persons or groups of persons who have been forced or

obliged to flee or to leave their homes or places of habitual residence, in particular as a

result of or in order to avoid the effects of armed conflict, situations of generalized

violence, violations of human rights or natural or human-made disasters, and who

have not crossed an internationally recognized border." (According to the Guiding

Principles on Internal Displacement as formed by the OHCHR)

Unlike refugees, IDPs have not crossed an international border to find sanctuary, and

therefore have remained within their own home countries. Even if they have fled for

similar reasons as refugees (armed conflict, generalized violence, human rights

violations), IDPs legally remain under the protection of their own government – even

though that government might be the cause of their flight.

The growing number of refugees around the world is overshadowed by the even

greater numbers of internally displaced people, or IDPs, who have not crossed an

international border in search of shelter and safety and Although IDPs outnumber

refugees nearly 2 to 1, displaced persons usually lack better care or protection, since as

citizens they are under the protection of their own government

HISTORY

The United Nations (UN) was set up in 1945, right after the end of World War II. From

the very start, the UN had to deal with the mass atrocities of the war, including the

huge refugee populations across Europe. To address the nationality and legal status

issues of refugees in Europe, the United Nations Economic and Social Council

(ECOSOC) of the UN requested the Secretary-General to carry out a study of

statelessness in 1948. The ECOSOC appointed a Committee on Refugees and Stateless

Persons to draft a convention that would address the problems faced by refugees and

stateless persons, including their legal status. A treaty on refugees was prepared with a

draft protocol addressing the status of stateless persons. However, as International

Refugee Organization – the predecessor to the UN High Commissioner for refugees

(UNHCR) – was in the process of being dissolved, the 1951 Convention relating to the

Status of Refugees was adopted without inclusion of the Protocol addressing

statelessness.

IMPORTANT LEGAL FRAMEWORKS

1951 convention relating to status of refugees The Convention Relating to the Status of Refugees is the foundation of international refuge law. The Refugee Convention defines the term “refugee and sets minimum standards for the treatment of persons who are found to qualify for refugee status. Because the Convention was drafted in the wake of World War II, its definition of a refugee focuses on persons who are outside their country of origin and are refugees as a result of events occurring in Europe or elsewhere before 1 January 1951. As new refugee crises emerged during the late 1950s and early 1960s, it became necessary to widen both the temporal and geographical scope of the Refugee Convention. Thus, a Protocol to the Convention was drafted and adopted.

1967 Protocol relating to the Status of Refugees The 1967 Refugee Protocol is independent of, though integrally related to, the 1951 Convention. The Protocol lifts the time and geographic limits found in the Convention’s refugee definition. Together, the Refugee Convention and Protocol cover three main subjects:

-The basic refugee definition, along with terms for cessation of, and exclusion from, refugee status -The legal status of refugees in their country of asylum, their rights and obligations, including the right to be protected against forcible return, or refoulement, to a territory where their lives or freedom would be threatened -States’ obligations, including cooperating with UNHCR in the exercise of its functions and facilitating its duty of supervising the application of the Convention

Guiding Principles on Internal Displacement 1998

The Guiding Principles on Internal Displacement are based upon international humanitarian and human rights law and analogous refugee law and are intended to serve as an international standard to guide governments, international organizations and all other relevant actors in providing assistance and protection to IDPs.

The Principles identify the rights and guarantees relevant to the protection of the internally displaced in all phases of displacement. They provide protection against arbitrary displacement, offer a basis for protection and assistance during displacement, and set forth guarantees for safe return, resettlement and reintegration. Although they do not constitute a binding instrument, the Principles reflect and are consistent with international law.

Convention Against Torture Article 3 “ No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. “

Convention on the Rights of the Child

Article 22 “ States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. “

Regional Laws and standards 1969 Organization of African Unity (OAU) Convention Governing the Specific

Aspects of Refugee Problems in Africa The conflicts that accompanied the end of the colonial era in Africa led to a succession of large-scale refugee movements. These population displacements prompted the drafting and adoption of not only the 1967 Refugee Protocol but also the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. Asserting

that the 1951 Refugee Convention is “the basic and universal instrument relating to the status of refugees”, the OAU Convention is, to date, the only legally binding regional refugee treaty.

The Cartagena Declaration In 1984, a colloquium of government representatives and distinguished Latin American jurists was convened in Cartagena, Colombia to discuss the international protection of refugees in the region. This gathering adopted what became known as the Cartagena Declaration. The Declaration recommends that the definition of a refugee used throughout the Latin American region should include the 1951 Refugee Convention definition and also persons who have fled their country “because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order” The 1954 Convention relating to the Status of Stateless Persons

Helps regulate and improve the status of stateless persons and helps ensure that stateless persons enjoy fundamental rights and freedoms without discrimination.

The 1961 Convention on the Reduction of Statelessness

Defines ways in which persons who would otherwise be stateless can acquire or retain nationality through an established link with a State through birth or descent. The Convention covers such issues as the granting of nationality, the loss or renunciation of nationality, deprivation of nationality and transfer of territory. Retention of nationality, once acquired, is also emphasized.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa ( KAMPALA CONVENTION)

The adoption of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) by African governments in 2009 marked a milestone in preventing and addressing one of the continent's most pressing humanitarian crises: the phenomenon of internal displacement. The Kampala

Convention reflects the norms included in the 1998 UN Guiding Principles on Internal Displacement, but also advances international norms on internal displacement in important ways. The Convention breaks new ground in articulating the obligations and roles of African states and a host of other actors – including the African Union (AU), armed groups, international organizations and civil society – to prevent and respond to internal displacement.

KEY ISSUES AND RELATED PROBLEMS

1. DEFINITION

According to Article 1 of the 1951 Convention relating to the Status of Refugees, a

refugee is someone who has fled his or her country “owing to well-founded fear of

being persecuted for reasons of race, religion, nationality, membership of a particular

social group or political opinion.”

.The 1951 Refugee Convention is a product of the Cold War environment ans thus the

‘persecutions’ that are mentioned in the definition are in context of Nazi war-time

harassment as these were perceived at the time.

The definition of refugee has made less sense as the nature of refugee flows has

changed and as numbers have risen. Since 1980, refugee movements have been more

likely to be the result of civil wars, ethnic and communal conflicts and generalised

violence individually targeted persecution by an oppressive regime which was at that

time the Nazis. The plight and need of these refugees and idps is obvious. However

only a minority could demonstrate a personal 'well-founded fear of persecution' as

required by the definition.

Thus, The Convention's criteria are limited and outdated, as to be expected with an

international treaty, its wording is vague.

2. THE 1951 CONVENTION

I. The essence of criticism of the 1951 UN refugee Convention is that it is

outdated. The treaty was developed in and for a different era. They were not

designed with today's mass refugee outflows which come as a result of violence

and armed conflict.

II. Academics often argue that the 1951 Convention is essentially euro-centric.

There is a European flavour in the provisions of the 1951 Convention,

particularly Articles 2- 34 and the concentration on social and welfare rights, on

education, on access to employment and on access to the liberal professions.

III. The problem with the 1951 'Geneva' refugee Convention, the basic instrument of refugee protection, is that it offers neither a comprehensive nor a flexible response to the diversity and complexity of forced population movements that are occurring today. It is distorting the responses, and diverting the resources of Western countries from developing coherent and ethical responses to these movements.

IV. The problem with the Convention can also be summarised in simpler terms, of what it doesn't include. It doesn't confer any right of assistance on refugees unless and until they reach a signatory country. It confers no right of assistance on the 'internally displaced' at all. It imposes no obligation on governments not to persecute their citizens, or to guarantee their safe return. It imposes no mechanism for preventing mass outflows, for burden sharing between states,

for ensuring speedy assistance for those most in need, or for maximising the effectiveness of international resources. And it takes no account of the capacity of receiving states.

V. The other problems of the convention can be summarised as-

a) The definition

b) Inconsistencies of interpretation and application

c) The migration channel

d) Non-departure

e) Government concerns and government hypocrisy

f) Economic refugees

3. DETENTION

Arbitrary detention is the arrest or detention of an individual in a case in which there is no evidence that they committed a crime against legal statute, or in which there has been no proper due process of law.

The right to liberty and security of the person is important in the context of how asylum seekers are treated within the intended country of refuge. The national laws of several countries provide for the detention of asylum seekers at one point or another during the settlement of their claims. The detention of asylum seekers is a contentious issue because of the conditions found in the detention facilities of several countries.

Often freedom of movement is restricted by local police or soldiers, the camp of

refuge may actually be a place of detention and its inhabitants may require legal

protection related to detention and/or arbitrary detention, conditions of detention

and the treatment of detainees. In conditions of armed conflict elements of

international humanitarian law relative to the protection of non-combatants will also

be particularly relevant.

This is particularly an issue in Greece, a country overwhelmed by the number of

asylum-seekers it receives, many of whom use Greece as a port of entry as they try to

access other European countries. Human rights organizations including Amnesty

International have reported on unsanitary and over-crowded conditions in Greek

detention centers. Additionally, asylum-seekers have claimed that they did not have

access to a UNHCR representative or information about how to apply for asylum while

in detention.

4. FREEDOM OF MOVEMENT

.Freedom of movement, however, is also a key right for refugees within their host

country. See, e.g., International Covenant on Civil and Political Rights, arts. 12. Article

26 of the 1951 Convention provides that States shall afford refugees the right to choose

their place of residence within the territory and to move freely within the State.

Meanwhile, Article 28 obliges States Parties to issue refugees travel documents

permitting them to travel outside the State “unless compelling reasons of national

security or public order otherwise require.”

Freedom of movement is an especially important issue with regard to protracted

refugee situations in countries with limited national resources and/or limited legal

frameworks for protecting refugees who nonetheless host large refugee populations. In

such countries, refugee warehousing – in which refugees are confined to refugee

camps, thereby restricting their access to employment and education – is commonly

practiced. Countries such as Kenya and Ethiopia specify in their national laws that the

movement of refugees throughout the country may be restricted and that refugees

may be limited to living in designated areas, namely refugee camps.

5. SUSPENSION RIGHT TO FAMILY LIFE

The family is seen as the “natural and fundamental group unit of society and is

entitled to protection by society and the State.” (According International Covenant on

Civil and Political Rights, art. 23(1).) Some countries have made provisions where an

individual is granted asylum, his or her dependent relatives will also receive protection

through him or her. However, should that individual’s refugee status be terminated,

the status of dependent relatives will also be terminated.

The definition of a dependent relative, however, varies by the cultural notions of

family prevalent in the State Party. In the U.K., dependents are defined as the “spouse,

civil partner, unmarried or same-sex partner, or minor child accompanying the

applicant” while in Kenya, dependent relatives include the brother or sister of an

applicant under the age of eighteen, “or any dependent grandparent, parent,

grandchild or ward living in the same household as the refugee.”.

6. SUSPENSION OF OTHER RIGHTS

The 1951 Convention also protects other rights of refugees, such as the rights to

education, access to justice, employment and other fundamental freedoms and

privileges similarly enshrined in international and regional human rights treaties. In

their enjoyment of some rights, such as access to the courts, refugees are to be

afforded the same treatment as nationals while with others, such as wage-earning

employment and property rights, refugees are to be afforded the same treatment as

foreign nationals. 1951 Convention, art. 16 (refugees are to be granted equal access to

the courts), art. 17 (refugees are to be afforded the same access to wage-earning

employment as foreign nationals), art. 13 (refugees are to be afforded the same rights

to moveable and immoveable property as foreign nationals).

Despite these rights being protected in the 1951 Convention and under human rights

treaties, refugees in various countries do not enjoy full or equal legal protection of

fundamental privileges. Ethiopia, for example, made reservations to Articles 22 (public

education) and Article 17, treating these articles as recommendations rather than

obligations. Although not a party to the 1951 Convention, Lebanon is host to a large

population of refugees, predominately Palestinians. Restrictive labor and property

laws in Lebanon prevent Palestinians from practicing professions requiring syndicate

membership, such as law, medicine, and engineering, and from registering property.

7. LIVING IN A REFUGEE OR IDP CAMP

It may be difficult to link one particular pressure with the violation of a specific

human right; however, camp life can result in a harsh environment which may pose

challenges to the respect of individual and group rights.

In a majority of refugee and IDP camps life is placed on hold for the duration of a

person’s stay. Refugees and IDPs are rarely able to make progress economically, and

may struggle to maintain a subsistence living. While marriages and births may

continue it is difficult for a camp population to feel that it is moving forward in life.

Conditions are typically extremely overcrowded. The resulting stress is exacerbated by

other tensions and frustrations. Marriages are placed under tremendous strain.

Hygiene and basic sanitation can be difficult to preserve with large concentrations of

people living in temporary accommodation, and a prevalence of contagious illnesses

can lead to death or permanent disability. Children often have only limited access to

education. Adolescents, in particular, frequently find that there are no secondary,

vocational or other further education opportunities suited to them. Massive

unemployment is common among adults who are obliged to depend entirely on

humanitarian assistance.

TYPES OF REFUGEES AND IDPs

1. ASYLUM SEEKERS

The terms asylum-seeker and refugee are often confused: an asylum-seeker is someone

who says he or she is a refugee, but whose claim has not yet been definitively

evaluated. On average, about 1 million people seek asylum on an individual basis every

year. In mid-2014, there were more than 1.2 million asylum-seekers.

National asylum systems are there to decide which asylum-seekers actually qualify for international protection. Those judged through proper procedures not to be refugees, nor to be in need of any other form of international protection, can be sent back to

their home countries. The efficiency of the asylum system is key. If the asylum system is both fast and fair, then people who know they are not refugees have little incentive to make a claim in the first place, thereby benefitting both the host country and the refugees for whom the system is intended. During mass movements of refugees (usually as a result of conflicts or generalized violence as opposed to individual persecution), there is not - and never will be - a capacity to conduct individual asylum interviews for everyone who has crossed the border. Nor is it usually necessary, since in such circumstances it is generally evident

why they have fled. As a result, such groups are often declared "prima facie" refugees.

2. STATELESS PERSONS

Statelessness’ is a status that describes people who are not considered nationals by any state under its operational law. It occurs for a variety of reasons including discrimination against minority groups in nationality legislation, failure to include all residents in the body of citizens when a state becomes independent and conflicts of laws between states.

Stateless persons do not have a recognized nationality and do not belong to any country. Statelessness situations are usually caused by discrimination against certain groups. Their lack of identification — a citizenship certificate — can exclude them from access to important government services, including health care, education or employment.

3. RETURNEES

Returnees are former refugees who return to their own countries or regions of origin after time in exile. Returnees need continuous support and reintegration assistance to ensure that they can rebuild their lives at home.

THE 4Rs FRAMEWORK

In post-conflict situations in countries of origin, the United Nations proposed an

integrated approach known as-

1. Repatriation

2. Reintegration,

3. Rehabilitation

4. Reconstruction

1. REPATRIATION For millions of refugees around the world, going home remains the strongest hope of finding an end to exile. As the durable solution of choice for the largest number of refugees, voluntary repatriation in safety and dignity requires the full commitment of the country of origin to help reintegrate its own people. It also needs the continuing support of the international community through the crucial post-conflict phase to ensure that those who make the brave decision to go home can rebuild their lives in a stable environment. UNHCR's priorities when it comes to return are to promote enabling conditions for voluntary repatriation; to ensure the exercise of a free and informed choice; and to mobilize support for returnees. In practice, UNHCR promotes and facilitates voluntary

repatriation through various means, including organizing "go-and-see" visits for refugees; compiling updated information on their country and region of origin; engaging in peace and reconciliation activities; promoting housing and property

restitution; and providing return assistance and legal aid to returnees.

2. REINTEGRATION Millions of refugees around the world live year after year with little hope of ever returning home. Some of them cannot go home because their countries are engulfed by endless conflict or, more often, because they fear persecution if they were to return. In cases where voluntary repatriation is not a viable option, finding a home in the country of asylum and integrating into the local community could offer a durable solution to their plight and the opportunity of starting a new life. Local integration is a

complex and gradual process which comprises distinct but related legal, economic, social and cultural dimensions and imposes considerable demands on both the individual and the receiving society. In many cases, acquiring the nationality of the country of asylum is the culmination of this process. UNHCR estimates that, during the past decade, 1.1 million refugees around the world became citizens in their country of asylum.

3. RESETTLEMENT Many refugees cannot go home because of continued conflict, wars and persecution. Many also live in perilous situations or have specific needs that cannot be addressed in the country where they have sought protection. In such circumstances, UNHCR helps resettle refugees to a third country.

Resettlement is the transfer of refugees from an asylum country to another State that has agreed to admit them and ultimately grant them permanent settlement. UNHCR is mandated by its Statute and the UN General Assembly Resolutions to undertake

resettlement as one of the three durable solutions. Resettlement is unique in that it is the only durable solution that involves the relocation of refugees from an asylum country to a third country. Of the 14.4 million refugees of concern to UNHCR around the world, less than one per cent is submitted for resettlement. Only a small number of States take part in UNHCR's resettlement programme. The United States is the world's top resettlement country, while Australia, Canada and the Nordic countries also provide a sizeable number of places annually. In 2015, Italy became a new resettlement country and The Republic of Korea announced a three-year resettlement pilot programme, increasing the number of resettlement countries to 28.

4. RECONSTRUCTION

One essential element of peacebuilding is the reconstruction of the economy, governmental institutions and communities. It is vital that development assistance, particularly in the immediate aftermath of a political settlement, demonstrate the dividends of peace. If such assistance is implemented in a politically sensitive manner, it can help to build cooperation between communities that were previously in conflict and create the conditions necessary to allow the voluntary repatriation of refugees to their homes. The establishment of effective governance must help to protect and advance the well-being of the citizenry. This requires an unbiased system of security, mechanisms of judicial recourse, and procedures that facilitate normal economic and social activity. In many post-conflict contexts, this process does not return society to the status quo which gave rise to the conflict but rather creates new institutions that are more democratic, fair and responsive to the concerns of the entire population.

NON REFOULMENT

The principle of non-refoulement is the cornerstone of asylum and of international refugee law. Following from the right to seek and to enjoy in other countries asylum from persecution, as set forth in Article 14 of the Universal Declaration of Human Rights, this principle reflects the commitment of the international community to ensure to all persons the enjoyment of human rights, including the rights to life, to freedom from torture or cruel, inhuman or degrading treatment or punishment, and to liberty and security of person. These and other rights are threatened when a refugee is returned to persecution or danger.

Refoulement means the expulsion of persons who have the right to be recognised as

refugees. The principle of non-refoulement has first been laid out in 1954 in the UN-

Convention relating to the Status of Refugees, which-

Article 33(1) provides that: "No Contracting State shall expel or return ('refouler') a

refugee in any manner whatsoever to the frontiers of territories where his life or

freedom would be threatened on account of his race, religion, nationality, membership

of a particular social group or political opinion."

It is important to note, that the principle of non-refoulement does not only forbid the

expulsion of refugees to their country of origin but to any country in which they might

be subject to persecution. The only possible exception provided for by the UN

Convention is the case that the person to be expelled constitutes a danger to national

security .

Although the principle of non-refoulement is universally accepted, problems with

refoulement frequently arise through the fact, that its application requires a

recognised refugee status. However, not all countries are members to the UN

Convention relating to the Status of Refugees or may not have established formal

procedures for determining refugee status.

What are the international Instruments through which the principle of non-

refoulement is derived?

1. 1951 Refugee Convention

2. Article 13 of the ICCPR

3. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment

4. Organisation of African Unity Convention Governing the Specific Aspects of

Refugee Problems in Africa

Important restrictions to this principle-

Persons who otherwise qualify as refugees may not claim protection under this

principle where there are “reasonable grounds” for regarding the refugee as a danger

to the national security of the host country or where the refugee, having been

convicted of a particularly serious crime, constitutes a danger to the host

community.1951 Convention, art. 33(2)

CASE STUDY

SYRIAN ARAB REPUBLIC

Since 2011 the number of refugees is estimated at over 9 million, who are taking refuge

in neighboring countries or within Syria itself. According to the United Nations High

Commissioner for Refugees (UNHCR), “over 3 million have fled to Syria's immediate

neighbors Turkey, Lebanon, Jordan and Iraq;”an additional 6.5 million are displaced

within Syria.

The 1994 Arab Convention on Regulating Status of Refugees in the Arab Countries

defines a refugee as someone who:

"is outside the country of his nationality or outside his habitual place of residence in

case of not having a nationality and owing to well-grounded fear of being persecuted

on account of his race, religion, nationality, membership of a particular social group or

political opinion, unable or unwilling to avail himself of the protection of or return to

such country. Any person who unwillingly takes refuge in a country other than his

country of origin or his habitual place of residence because of sustained aggression

against, occupation and foreign domination of such country or because of the

occurrence of natural disasters or grave events resulting in major disruption of public

order in the whole country or any part thereof.”

Considering the breadth of the above definition and the millions of civilians it applies

to, several organizations have pledged aid to the people of Syria. The European Union

(EU) intervened and imposed sanctions, including travel bans and asset freezes on

specific government officials thought responsible for the violence against

protesters. The Syrian refugee crisis is no longer a domestic situation, but has

expanded into an international emergency that requires the coordination of all Arab

leaders.

It is projected by the UNHCR that by the end of 2014, Lebanon will be housing around

1.5 million Syrian refugees. Lebanon has been forced to close its borders due to

economic turmoil, unable to support the refugees of a dispute for which it is not

responsible for. Jordan has a history of supporting refugees and preventing

humanitarian disasters. King Abdullah opened Jordan’s borders to Syrian refugees as

well as made health care and education available, at the cost of the state. As a result,

the job market has been devastated and unemployment is at an all-time

high. Numerous other Member States are being affected similarly. The international

community has provided monetary aid in many outlets, including the World Bank

Group’s Multi-Donor Trust Fund to aid Lebanon and several other Member States

housing refugees.

Since the outbreak of protests beginning in March 2011, Syria has been engulfed in

violence and loss at the hands of rebel forces and the military presence of President al-

Assad. As violent clashes continued throughout the country, Syrian civilians were

forced to flee from their homes in what became one of the most severe cases of

displacement in recorded history.

IRAN

Despite the voluntary return of hundreds of thousands of Afghan and Iraqi refugees to their countries of origin during the past decade, the Islamic Republic of Iran remains host to one of the world's largest and most protracted refugee populations. Between January 2002 and June 2014, UNHCR assisted 918,263 Afghans in voluntarily

returning home from the Islamic Republic of Iran. A total of 30,349 Iraqi refugees have

been assisted to repatriate voluntarily since 2003.

About 97 per cent of the country's refugees live in rural and urban areas; only three

per cent live in settlements. Following the comprehensive registration programme of

refugees in 2001, all Afghan asylum-seekers are required to have their refugee status

determined on an individual basis through the government refugee status

determination (RSD) procedure. The majority of newly arrived Iraqi refugees originate

from central Iraq.

UNHCR 2015 planning figures for Islamic Republic of Iran

Type of population

Origin

January 2015 December 2015

Total in country

Of whom

assisted by

UNHCR

Total in country

Of whom assisted by UNHCR

Total 982,120 982,120 982,120 982,120

Refugees

Afghanistan 950,000 950,000 950,000 950,000

Iraq 32,000 32,000 32,000 32,000

Pakistan 10 10 10 10

Various 60 60 60 60

Asylum-seekers

Afghanistan 40 40 40 40

Pakistan 10 10 10 10

The Government of the Islamic Republic of Iran plays an active role in the Solutions Strategy for Afghan Refugees (SSAR). This strategy promotes a holistic approach to enhancing prospects of sustainable returns and attaining a permanent solution for the protracted refugee situation. The Government is the primary contributor to the country's refugee programmes through its ministries. Additional support is provided through semi-governmental organizations and social charities.

Apart from the government multiple UNHRC policies have been launched to make life of the refugees and IDP’s simpler. The programme focuses on health, education, livelihood generation and durable solutions. Hence, projects will empower refugees to contribute to reconstructing Afghanistan and facilitate their reintegration upon eventual return. The implementation of cross-border initiatives will help prioritize projects and initiatives to increase their impact. UNHCR will enhance its interventions in urban areas, where most vulnerable refugees reside. Future interventions in settlements will take into account the urgency of assistance, cost-effectiveness, and protection concerns. Interventions in settlements will be streamlined to ensure assistance does not become a pull-factor increasing the population, but rather improves the standard of living of existing residents and promotes peaceful coexistence with host communities

POSITION PAPER INFORMATION

A Position paper Includes a delegates stand and solutions to the particular Agenda

For the format of the position paper please refer to the below mentioned link. http://www.unausa.org/global-classrooms-model-un/how-to-participate/model-un-preparation/position-papers

Each Delegate must mention their name, committee name and country and title the document accordingly. For Example- RussiaPP_UNHHRC_MedhaMathur (Name of the document containing a PP)

Deadline for the submission of position papers is the 18th of August.

The PPs need to be mailed at- hrc.ismun15@gmail.com