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DelMUN 2016 Background Guide United Nations Human Rights Council Page 1
DELMUN 2016
United Nations
Human Rights Council Background Guide
DelMUN 2016 Background Guide United Nations Human Rights Council Page 2
Contents
Committee Introduction ................................................................................................. 3
Topic Overview ................................................................................................................. 4
Children’s Rights in Armed Conflict .............................................................................. 4
Case Study ......................................................................................................................... 6
1. Child Soldiers in Myanmar………………………………..…………………………………………….……...6
2. 2014 Peshawar School Massacre……………………………………………………………………………...7
UN Intervention ............................................................................................................... 8
Discussion Questions ..................................................................................................... 10
References ....................................................................................................................... 11
DelMUN 2016 Background Guide United Nations Human Rights Council Page 3
Committee Introduction “All victims of human rights abuses should be able to look to the Human
Rights Council as a forum and a springboard for action.”
- Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human
Rights Council Session
The United Nations Human Rights Council was created by the UN General Assembly in
2006.1 The council is composed of 47 member states, which are elected based on
geographical distribution and their contributions to human rights development. It consists
of representatives from Africa, the Asia-Pacific region, Latin America and the Caribbean
region, and Europe. Members of the Council serve for three years and cannot be re-
elected immediately for more than two consecutive terms. 2
The UNHRC aims to strengthen the promotion and protection of human rights, address
human rights violations and make recommendations to all UN member states around the
globe to prevent and stop violations.3 The advisory committee in the UNHRC, which is
served by 18 independent experts from different countries, acts as a think-tank to the
council and provides research-based advice. 4 The Advisory Committee works closely
with NGOs (non governmental organizations) and civil society representatives to enhance
the communication and collaboration between UNHRC and relevant organizations.5
The Universal Periodic Review (UPR) is a special process offered by the Human Rights
Council to review the Member States’ human rights conditions every year. It provides the
Member States with the opportunity to share their progress with regards to eliminating
domestic human rights violations.6
The UNHRC also has a unique complaint procedure to address communications
submitted by individuals, groups, or non-governmental organizations that claim to be
direct victims of human rights violations.7 Communication are screened and investigated
by two working groups if it satisfies the criteria. The complaint procedure is confidential
and victim-oriented. 8
1 http://www.ohchr.org/EN/HRBodies/HRC/Pages/Membership.aspx
2 Ibid.
3 http://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx
4 http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/AboutAC.aspx
5 http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/NGOParticipation.aspx
6 http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
7 http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx
8 Ibid.
DelMUN 2016 Background Guide United Nations Human Rights Council Page 4
The UNHRC has at least three regular sessions each year, held in March, June, and
September in the UN Office at Geneva. A special meeting may be in place for human
rights violations and emergencies if one-third of the Member States request it. 9
Topic Overview
Children’s Rights in Armed Conflict
The Uppsala University in Sweden defined “armed conflict” as “a contested
incompatibility which concerns government and territory where the use of armed force
between two parties, of which at least one is the government of a state, results in at least
25 battle-related deaths.”10 According to Armed Conflict Database by the International
Institute for Strategic Studies, there are 42 active armed conflicts in the world currently,
resulting in 180,000 fatalities worldwide.11 These conflicts have created 12,181,000
9 http://www.ohchr.org/EN/HRBodies/HRC/Pages/Sessions.aspx
10 http://www.pcr.uu.se/research/ucdp/definitions/definition_of_armed_conflict/
11 https://acd.iiss.org/
Figure 1: Map of the World’s Conflicts in 2014
DelMUN 2016 Background Guide United Nations Human Rights Council Page 5
refugees, which is 2.8 million more than the number in 2013. 12 What is more disturbing
is that civilian casualties in armed conflicts have expanded dramatically, by up to 90
percent since 2013.13
As the most innocent and vulnerable during armed conflicts, children are exposed to
violence, exploitation, and abuse. UNICEF estimated that in 2015, over 16 million
children were born in conflict zones, which is one of eight children born worldwide.14
More than 300,000 child soldiers are currently exploited in armed conflicts; 6 million
children have been severely injured or permanently disabled; About 20 million children
are living as refugees or internally displaced due to armed conflicts. 15 The United
Nations has categorized six grave violations against children in situations of armed
conflict:
the recruitment and use of children as soldiers;
rape and other sexual violence against children;
killing and maiming of children;
the abduction of children;
attacks against schools or hospitals;
denial of humanitarian access for children16.
In addition to the mentioned children’s rights violations, mental health redevelopment
and support to orphaned and displaced children should not be neglected, either.
12 Ibid.
13 http://www.unicef.org/search/search.php?q=Armed%20conflict&type=Main
14 http://www.novinite.com/articles/172288/Over+16+Million+Children+Born+in+Conflict+Zones+in+2015+-+UNICEF
15 http://www.international.gc.ca/rights-droits/child_soldiers-enfants_soldats.aspx?lang=eng
16 Ibid.
DelMUN 2016 Background Guide United Nations Human Rights Council Page 6
Case Study
Child Soldiers in Myanmar
In Myanmar, child soldiers are widely used by both non-state armed groups and state
forces such as Myanmar’s national army, Tatmadaw Kyi. Although the Defence Services
Act in Myanmar prohibits compulsory conscription and voluntary enlistments of persons
under 18 years old, reports of unlawful child soldier use persist.17 The precise number of
child soldiers used in Myanmar is not available, however 243 complaints of underage
recruitments were reported in 2011.18 Armed opposition forces, Such as the Democratic
Karen Buddhist Army (DKBA) and Kachin Independence Army (KIA) have been
reportedly recruiting child soldiers and engaging them directly in hostilities.19
Besides the dominant pattern of forcible recruitment, youth in Myanmar do sometimes lie
about their ages to enlist in the army as result of widespread poverty and lack of
education.20 Furthermore, the Army expansion in the 1990s increased the demand for
soldiers, and still does. To meet recruitment quotas, recruiters or civilian brokers target
17 “Case Study Myanmar: A chance for change?” Child Soldiers International
18 Ibid.
19 http://www.child-soldiers.org/country_reader.php?id=4
20 “Case Study Myanmar: A chance for change?” Child Soldiers International
Figure 2: Child-soldiers of the Mong Tai Army (MTA), drug warlord Khun Sa’s
army, during tough training with their commander.
DelMUN 2016 Background Guide United Nations Human Rights Council Page 7
minors, typically boys from age 14 to 17 years, who are easier to trick or pressure into
signing up. 21
Fortunately, the government of Myanmar negotiated with UN in 2012 to form an action
plan for the release and reintegration of children associated with Tatmadaw Kyi. The UN
attempted to negotiate with non-state armed groups regarding the use of children soldiers
but were forbidden to do so by the government of Myanmar. On Mar 16th, 2016, the
Myanmar army discharged 46 underage soldiers. The military has released 745 child
soldiers since the action plan was signed.22
2014 Peshawar School Massacre
Figure 3: An injured student lies in bed at a Peshawar hospital after the attack
On December 16th, 2014, seven gunmen affiliated with Taliban terrorist group attacked
the Army Public school and Degree College in Peshawar, a north-western city in
Pakistan.23 Before the attack, a car exploded behind the school to divert the attention of
security guards at the school. During the ruthless and random attack, 145 people were
killed, including 132 children, ten school staff members, and three soldiers; more than
100 were injured.24 The attackers focused on killing indiscriminately instead of taking
captives. There was no hostage situation according to Bajwa, the military spokesman of
21 Ibid
22 http://www.chiangraitimes.com/myanmars-army-discharges-46-child-soldiers.html
23 http://www.bbc.com/news/world-asia-30491435
24 http://www.cnn.com/2014/12/16/world/asia/pakistan-peshawar-school-attack/
DelMUN 2016 Background Guide United Nations Human Rights Council Page 8
the Pakistani government.25 Victims of the attack were mostly students from ages 12-
16.26
The Army Public School and Degree College is home to 1,100 students on a typical
school day, and most of them are relatives of Pakistani military personnel.27 The Pakistan
Taliban quickly claimed the terrorist attack and said it was revenge for a recent military
offense by the Pakistani government.28 They wanted Pakistan to back down and stop
interfering in tribal areas and matters. Nevertheless, due to the inflamatory effect
massacreing children has, the Pakistani government’s attitude towards the Taliban was
more likely to harden further. The Taliban also opposes Western-Style education; thus,
the attack was said to be a way of symbolizing their ideologies.29
UN Intervention Optional Protocol to the Convention on the Rights of the Child on the involvement
of children in armed conflict (OPAC) was adopted by General Assembly of the United
Nations in 2000. OPAC reaffirms children’s rights of exclusive protection in situations of
armed conflict, and therefore, condemns and prohibits any attacks targeted on objects
with a significant presence of children, such as schools and hospitals.30 OPAC sets the
minimum age for compulsory state forces recruitment at 18 and 16 for voluntary
recruitments. OPAC forbids non-state forces to recruit soldiers under 18 years old.31
According to the Roman Statue of the International Criminal Court, any action of
conscripting or enlisting children under the age of 15 years old in any armed conflicts, or
participating in any form of hostilities, whether in international or non-international
conflicts, is a war crime.32
The UN Security Council has passed a series of resolutions to protect children’s rights
during armed conflict. For example, Security Council Resolution 1612 established a
“monitoring and reporting mechanism (MRM)” on violations against children in a
25 Ibid.
26 Ibid.
27 Ibid.
28 http://www.cnn.com/2014/12/16/world/asia/pakistan-taliban/index.html
29 http://www.cnn.com/2014/12/16/world/asia/pakistan-peshawar-school-attack/
30 http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx
31 Ibid
32 https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf
DelMUN 2016 Background Guide United Nations Human Rights Council Page 9
situation of armed conflict.33 This established system helps to gather information on
abuse against children in conflict areas regularly, objectively, and accurately for further
use.
The special representative of Secretary-General for Children and Armed Conflict serves
as the leading UN advocate for the protection and well being of children affected by
armed conflict.34 It aims to enhance children’s protection through diplomatic and
humanitarian efforts. The current SRSG is Leila Zerrougui, appointed by the UN
Secretary-General in 2012.35
The Global Coalition to Protect Education from Attack (GCPEA), is a non-governmental
organization made up of committee representatives from Human Rights Watch (HRW),
UNICEF, UNESCO, UNHCR, etc. Commissioned by GCPEA, experts from around the
world met in Lucens, Switzerland in 2012 to develop the Draft Lucens Guideline for
Protecting Schools and Universities from Military use during Armed Conflict.36 The
guideline prohibits any form of military use on schools during armed conflict. However,
only 29 countries ratified the agreement.37 In 2015, based on the Guideline, the Safety
School Declaration was developed and has been endorsed by 52 countries.38
33 http://www.child-soldiers.org/international_standards.php
34 https://childrenandarmedconflict.un.org/mandate/our-work/
35 https://childrenandarmedconflict.un.org/mandate/leila-zerrougui/
36 http://www.protectingeducation.org/sites/default/files/documents/draft_lucens_guidelines.pdf
37 Ibid.
38 http://www.protectingeducation.org/guidelines/support
Figure 4: Child soldiers freed in South Sudan can’t wait to go back to school
DelMUN 2016 Background Guide United Nations Human Rights Council Page 10
Discussion Questions
1. Are state forces eligible to accept volunteer soldiers under 18 years old? How about
non-state forces? What should be the minimum age for volunteer recruitment? What
kind of binding agreement or ratification is needed? What kind of safeguards and
training should be employed for such recruitment?
2. What can be done to strengthen the monitoring and reporting mechanism? How can
UNHRC collaborate with local NGOs and non-state actors to collect information and
investigate issues of human rights violations?
3. How can communication and collaboration between the UNHRC and other UN
committees such as the Security Council and the International Criminal Court be
enhanced to hold the parties who commit violations against children accountable,
regardless of whether or not they are state or non-state forces?
4. How can we prevent attacks targeting school and hospitals? How can we educate
children about protecting themselves when emergency situations arise? How can
schools be prevented from being used as military bases during conflict? Should
education continue amidst a conflict?
5. What can we do to help children with PTSD? After the war, what can we do to ensure
these traumatized children a better life?
DelMUN 2016 Background Guide United Nations Human Rights Council Page 11
References "About the Issues:." Child Soldiers International. N.p., n.d. Web. 03 Apr. 2016.
UN General Assembly, Rome Statute of the International Criminal Court (last amended
2010), 17 July 1998, ISBN No. 92-9227-227-6, available at:
http://www.refworld.org/docid/3ae6b3a84.html [accessed 4 April 2016]
"ACD." Armed Conflict Database. International Institute for Strategic Studies, n.d. Web.
03 Apr. 2016.
"Children and Armed Conflict." Global Affairs Canada. Government of Canada, 15 Jan.
2015. Web. 1 Apr. 2016.
"Child Soldiers Freed in South Sudan Can’t Wait to Go Back to School." A World at
School. N.p., 27 Jan. 2015. Web. 3 Apr. 2016.
"Draft Lucens Guideline for Protecting Schools and Universities from Military Use
during Armed Conflict." (2012): 1-23. GCPEA. Web. 3 Apr. 2016.
"International Standards." Child Soldier International. Child Soldier International, n.d.
Web. 3 Apr. 2016.
Max Roser (2015) – ‘War and Peace after 1945’. Published online at
OurWorldInData.org. Retrieved from: http://ourworldindata.org/data/war-peace/war-and-
peace-after-1945/ [Online Resource]
"Myanmar’s Army Discharges 46 Child Soldiers." Chiang Rai Times. Chiang Rai Times
English Language Newspaper, 16 Mar. 2016. Web. 3 Apr. 2016.
"Optional Protocol to the Convention on the Rights of the Child." United Nations Human
Rights Office of High Commissioners. United Nations General Assembly, 12 Feb. 2002.
Web. 01 Apr. 2016.
"Pakistan Taliban: Peshawar School Attack Leaves 141 Dead." CNN. Cable News
Network, 16 Dec. 2014. Web. 03 Apr. 2016.
Pettersson, Therése & Peter Wallensteen (2015) Armed Conflicts, 1946-2014. Journal of
Peace Research 52(4).
"Safe Schools Declaration." PsycEXTRA Dataset (2015): 1-2. Web. 3 Apr. 2016.
Saifi, Sophia, and Greg Botelho. "In Pakistan School Attack, Taliban Terrorists Kill 145,
Mostly Children." CNN. Cable News Network, 17 Dec. 2014. Web. 03 Apr. 2016.
"Security Council Resolution 1612." International Organization 16.2, Africa and
International Organization (2005): 422-25. JSTOR. Web. 03 Apr. 2016.
Smith-Spark, Laura, and Tim Lister. "Taliban School Attack: What Do the Militants
Want?" CNN. Cable News Network, 16 Dec. 2014. Web. 03 Apr. 2016.
DelMUN 2016 Background Guide United Nations Human Rights Council Page 12
"United Nations Human Rights Council." United Nations Human Rights Office of the
High Commissioner. N.p., n.d. Web. 1 Apr. 2016.
"War and Peace." The Guardian. Guardian News and Media, 22 Feb. 2002. Web. 01 Apr.
2016.
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