unhrc guide for mun

BUMUN’13 United Nations Human Rights Council

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Table of Contents

Topic: Right of Minorities

Introduction: ......................................................................................2

Statement of the problem: .................................................................2

Problems of Ethnic Minorities: ............................................................3

Examples: ........................................................................................3

Problems of Religious Minorities: .......................................................4

Gender and sexuality minorities .........................................................4

Basic Rights and Liberties ................................................................5

Relationships and Marriage .............................................................5

Youth and Schools ...........................................................................5

Discrimination against Transgender People .....................................5

Questions a resolution Must Answer: .................................................6

Committee Director’s Note: ................................................................6


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Topic Area A: Right of Minorities

Introduction:

The term "minority rights" embodies two separate concepts: first, normal individual rights as applied to

members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective

rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is

not part of a majority decision.

Minority rights were codified in Austrian law in 1867. Minority rights, as applying to ethnic, religious or

linguistic minorities and indigenous peoples, are an integral part of international human rights law.

Like children's rights, women's rights and refugee rights, minority rights are a legal framework designed

to ensure that a specific group which is in a vulnerable, disadvantaged or marginalized position in

society, is able to achieve equality and is protected from persecution. The first post-war international

treaty to protect minorities, designed to protect them from the greatest threat to their existence, was

the U.N. Convention on the Prevention and Punishment of the Crime of Genocide.

Subsequent human rights standards that codify minority rights include the International Covenant on

Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging

to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework

Convention for the Protection of National Minorities and the European Charter for Regional or Minority

Languages, and the Organization for Security and Co-operation in Europe (OSCE) Copenhagen Document

of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution,

protection and promotion of identity, and participation in political life. For the rights of LGBT, The

Yogyakarta Principles have been approved by the United Nations Human Rights Council and for the

rights of persons with disabilities; the Convention on the Rights of Persons with Disabilities was adopted

by United Nations General Assembly.

Statement of the problem:

Now that the problem that arises regarding the Right of minorities lies on different grounds, you are

here to cater all the problems that minorities face and to provide an effective and efficient solution. The

minorities face numerous Problems let us classify these problems under their respective head.

Committee Director’s Note:

This Study Guide is just the start of your research; this is to lay down the foundations of this topic.

Bear in mind that this would give you the framework of your research, the guidelines and the

specific topics you need concentrate on, rather being a dead end to your preparation.


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Problems of Ethnic Minorities:

Minorities in all regions of the world continue to face serious threats, discrimination and racism, and are

frequently excluded from taking part fully in the economic, political and social life of their countries.

Today, minority communities face new challenges, including legislation, policies and practices that may

unjustly impede or even violate minority rights. The outcome document of the 2005 World Summit of

Heads of State and Government, approved by the General Assembly, notes that “the promotion and

protection of the rights of persons belonging to national or ethnic religious and linguistic minorities

contributes to political and social stability and peace and enriches the cultural diversity and heritage of

society”. Respect for minority rights assists in achieving stable and prosperous societies, in which human

rights, development and security are achieved by all, and shared by all.

The dynamics of majority/minority relationships lead to the emergence of a range of minority issues

which provide challenges and opportunities for States and societies as a whole. Such issues, in all

spheres of life, are identified and articulated both by minorities and by States seeking to manage diverse

societies. Within this wider context of minority issues, the normative framework provided by minority

rights should be understood as a necessary element to ensure integrated societies and to promote

social inclusion and cohesion. In such societies, various national, ethnic, religious and linguistic groups

are able to live confidently together, practice their religions, speak their own languages and

communicate effectively, recognizing value in their differences and in their society’s cultural diversity.

Ethnic minorities may face rejection by other groups in their society. They may be underrepresented or

unfairly represented in government and local ruling parties. They may be discriminated against or may

face racism and conflict with other communities. Conflicts and discrimination occur in all societies due

to a lack of understanding, misconceptions, preconceptions and ignorance. These conflicts may also

arise as a result of personal feuds between a few individuals, which then escalate.

Sometimes people and whole communities are judged on their appearances, without fully

understanding them. This can only be overcome by both communities developing tolerance and respect

for each other. The different communities need to listen to each other, learn about each other in order

to live in harmony together. They must work towards finding a compromise and not resorting to any

violence or abusive behavior

Examples:

The Chinese community in Paris, France

Some Native North American Indian communities in the United State of America

The Lencas of Honduras

The various Asian communities in Great Britain


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Problems of Religious Minorities:

The most fragile issue that pertains to this topic is problems of religious minorities, now to have a good

grasp on this issue I would want you all to go through this link, and research hard about what exactly the

problems are, in the following links you can find articles having information of different regions as well

as country specific problems. I would encourage all of you to go through this link at-least once and just

note the major points (or similar points) so that it can be used in constructive debate.

1. http://www.refworld.org/publisher,MRGI,,,50ffbce469,,0.html

2. http://www.refworld.org/publisher,MRGI,,,50ffbce466,,0.html

These two above mentioned links pertains information with reference to religious persecution (forceful

conversion of religion) as well as Religious Discrimination. The reason for not elaborating a general

stance over this issue is because every country has his way of dealing with religious minorities and

sometimes during your research it confuses you, this would save your research time as well as give you

adequate information.

3. http://www.minorityrights.org/12071/state-of-the-worlds-minorities/state-of-the-worlds-

minorities-and-indigenous-peoples-2013.html

This third link would open a document which you can take as a case study, it carries information of

about the issues that religious minorities face in Asia, you are required to find the rest of the regions

yourself, even if you don’t find it you can take reference from this document and research on the

remaining regions accordingly. However, I would repeat, this is the major portion in this topic and you

need to do your research thoroughly.

Gender and sexuality minorities

The mission of the American Civil Liberties Union (ACLU) LGBT Project is the creation of a society in

which lesbian, gay, bisexual and transgender (LGBT) people enjoy the constitutional rights of equality,

privacy and personal autonomy, and freedom of expression and association.

The ACLU has a long history defending the LGBT community. We brought our first LGBT rights case in

1936 and founded the LGBT Project in 1986. The ACLU’s LGBT rights strategy is based on the belief that

fighting for the society we want means not just persuading judges and government officials, but

ultimately changing the way society thinks about LGBT people. To end discrimination, the ACLU seeks

both to change the law and to convince Americans that sexual orientation and gender identity

discrimination is wrong. The ACLU carries out this work in five priority areas: Basic Rights and Liberties,

Parenting, Relationships and Marriage, Youth and Schools, and Transgender Discrimination.

Today the ACLU brings more LGBT cases and advocacy initiatives than any other national

organization. With our reach into the courts and legislatures of every state, there is no other

organization that can match our record of making progress both in the courts of law and in the court of

public opinion.

http://www.refworld.org/publisher,MRGI,,,50ffbce469,,0.html

http://www.refworld.org/publisher,MRGI,,,50ffbce466,,0.html

http://www.minorityrights.org/12071/state-of-the-worlds-minorities/state-of-the-worlds-minorities-and-indigenous-peoples-2013.html

http://www.minorityrights.org/12071/state-of-the-worlds-minorities/state-of-the-worlds-minorities-and-indigenous-peoples-2013.html


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Basic Rights and Liberties

The ACLU works to ensure that LGBT people have equal opportunity to participate fully in civil

society. No LGBT person should experience discrimination in employment, housing, or in businesses and

public places, or the suppression of their free expression or privacy rights. The ACLU seeks new laws

against discrimination in states and at the federal level, and resists all attempts to weaken the impact of

existing nondiscrimination laws. With the repeal of “Don’t Ask, Don’t Tell,” our current federal priority is

passage of the Employment Non-Discrimination Act. Parenting Fighting restrictions on parenting by

LGBT people is critical because this discrimination causes serious, enduring harm to the lives of LGBT

people and their children. The ACLU challenges policies and laws that prevent qualified and caring LGBT

people from foster parenting or adopting kids. We also strive to change laws or practices that interfere

in custody and visitation relationships between LGBT parents and their children. Our work debunks

myths about the undesirability of same-sex couples raising children – myths often heard in the

nationwide debate over marriage.

Relationships and Marriage

The ACLU believes that LGBT people, like everyone else, should have the freedom to build the kinds of

personal, intimate relationships most meaningful to them without risking that their families will be

disregarded or harmed by the state. Our goal is to obtain full recognition of same-sex relationships

through marriage, in every state and at the federal level. In some states, the ACLU works for domestic

partnership protections as a first step towards the full recognition and complete protections offered

only by marriage.

Youth and Schools

The Youth and Schools program strives to make public schools and other state institutions for young

people safe and bias-free for LGBT kids and teachers. We team up with students to fight for their free

expression rights, to establish gay-straight alliances, and to advocate that LGBT kids be able to attend

school dances with same-sex dates and dressed in gender nonconforming ways if they choose. We

believe that all kids should be taught in an environment respectful of their sexual orientation and

gender identity.

Discrimination against Transgender People

The ACLU strives to eliminate discrimination against transgender and gender nonconforming people and

to create a society in which the full range of gender identities and expressions is respected and

affirmed. We focus our efforts on ending discrimination in employment, housing, public

accommodations, parenting, and schools. We also challenge legal barriers to transgender people

obtaining government identity documents appropriate for their gender identity. Through our legal work,

we help transgender people better understand their emerging legal rights and develop public education

campaigns to persuade the general public about the importance of treating transgender people fairly.


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Questions a resolution Must Answer:

1) What major steps should be taken to minimize Ethnic Discrimination?

2) How can UNHRC help in reducing number of nation violation UN Declaration of Human Rights

with respect to safeguarding Ethnic Minorities rights?

3) How should Corporate Businesses help reduce ethnic discrimination?

4) What changes should be made to the constitutions of a country to make safeguard religious,

ethnic and political rights of minorities?

5) How should UNHRC impose these laws on nations for the betterment of the minorities?

6) Are all people free to practice their religion in any country they desire?

7) Is it required for UN to implement a universal blasphemy law to safeguard religious rights?

8) Should UNHRC encourage states to recognize LGBT community?

9) If yes, then how shall UNHRC regulate or form a framework to safeguard their rights?

10) What should be the repercussion of violating Human Right Declaration, and laws that safeguard

Ethnic, Religious and political rights of the minorities?

Committee Director’s Note:

I hope by now you understand what this topic is about and what it requires you to do, to proceed with

your research you should know what are the basic human rights and the Human Right Declaration that

safeguards them, given below is the link to The Universal Declaration of Human Rights;

http://www.un.org/en/documents/udhr/index.shtml (Save it and print a copy; just the articles not the

preambles) you can find a better document or a .pdf file on Google. Just make sure it has the same

articles as this one.

With the basic human rights out of the way you can start with country specific research for that I share

with you this link;

http://www.refworld.org/publisher/MRGI.html

On this particular link you can find any topic you wish to have information for, apart from that you can

also find country specific articles, articles that elaborate on the current situation of your country, this

would help you in understanding your country dynamics and would give you a good grasp on the topic.

You can also find articles for other topics. I hope this helps you in your research, I hope you would

prepare yourself for almost anything. Godspeed, best of luck and happy researching

Regards,

Hasan A. Puri

http://www.un.org/en/documents/udhr/index.shtml

http://www.refworld.org/publisher/MRGI.html


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TOPIC AREA B:

The Elimination of Trafficking

Human Trafficking

Human Trafficking is a crime against humanity. It involves an act of recruiting, transporting, transferring,

harboring or receiving a person through a use of force, coercion or other means, for the purpose of

exploiting them. Every year, thousands of men, women and children fall into the hands of traffickers, in

their own countries and abroad. Every country in the world is affected by trafficking, whether as a

country of origin, transit or destination for victims.

What is Human Trafficking?

Article 3, paragraph (a) of the Protocol to Prevent , Suppress and Punish Trafficking in Persons defines

Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by

means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of

the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits

to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of

sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the

removal of organs

Elements of human trafficking On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in

persons has three constituent elements;

The Act (What is done) Recruitment, transportation, transfer, harbouring or receipt of persons. The

Means (How it is done) Threat or use of force, coercion, abduction, fraud, deception, abuse of power or

vulnerability, or giving payments or benefits to a person in control of the victim. The Purpose (Why it is

done) For the purpose of exploitation, which includes exploiting the prostitution of others, sexual

exploitation, forced labour, slavery or similar practices and the removal of organs.

Criminalization of human trafficking

The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide

consistency and consensus around the world on the phenomenon of trafficking in persons. Article 5

therefore requires that the conduct set out in article 3 be criminalized in domestic legislation. Domestic

legislation does not need to follow the language of the Trafficking in Persons Protocol precisely, but


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should be adapted in accordance with domestic legal systems to give effect to the concepts contained in

the Protocol.

In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires

criminalization also of:

• Attempts to commit a trafficking offence Participation as an accomplice in such an offence

• Organizing or directing others to commit trafficking.

National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The

legislative definition should be dynamic and flexible so as to empower the legislative framework to

respond effectively to trafficking which:

• Occurs both across borders and within a country (not just cross-border)

• Is for a range of exploitative purposes (not just sexual exploitation)

• Victimizes children, women and men (Not just women, or adults, but also men and children)

Takes place with or without the involvement of organized crime groups.

United Nations against human trafficking

In 2000 the United Nations adopted the Convention against Transnational Organized Crime also called

the Palermo Convention, and two Palermo protocols there to:

• Protocol to Prevent , Suppress and Punish Trafficking in Persons , espesially Women and Chirldern

• Protocol against tha Smuggling of Migrants by Land , Sea and Air

All of these instruments contain elements of the current international law on trafficking in humans.

The UN office on Drugs and Crime (UNODC) has assisted many non-governmental organizations in their

fight against human trafficking. The 2006 armed conflict in Lebanon, which saw 300,000 domestic

workers from Sri Lanka , Ethiopia,and the Phillippines jobless and targets of traffickers, led to an

emergency information campaign with NGO Caritas Migrant to raise human-trafficking awareness.

Additionally, an April 2006 report, Trafficking in Persons: Global Patterns, helped to identify

127 countries of origin, 98 transit countries and 137 destination countries for human trafficking. To date,

it is the second most frequently downloaded UNODC report. Continuing into 2007, UNODC supported

initiatives like the Community Vigilance project along the border between India and Nepal , as well as

provided subsidy for NGO trafficking prevention campaigns in Bosnia , Croatia , and Herzegovina . Public


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service announcements have also proved useful for organizations combating human trafficking. In

addition to many other endeavors, UNODC works to broadcast these announcements on local television

and radio stations across the world. By providing regular access to information regarding human-

trafficking, individuals are educated how to protect themselves and their families from being exploited.

The United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) was conceived to promote the

global fight on human trafficking, on the basis of international agreements reached at the UN. UN.GIFT

was launched in March 2007 by UNODC with a grant made on behalf of the United Arab Emirates. It is

managed in cooperation with the International Labour Organization (ILO); the International Organization

for Migration (IOM); the UN Children's Fund (UNICEF); the Office of the High Commissioner for Human

Rights (OHCHR); and the Organization for Security and Co-operation in Europe (OSCE).

Within UN.GIFT, UNODC launched a research exercise to gather primary data on national responses to

trafficking in persons worldwide. This exercise resulted in the publication of the Global Report on

Trafficking in Persons in February 2009. The report gathers official information for 155 countries and

territories in the areas of legal and institutional framework, criminal justice response and victim

assistance services. UN.GIFT works with all stakeholders — governments, business, academia, civil

society and the media — to support each other's work, create new partnerships, and develop effective

tools to fight human trafficking.

The Global Initiative is based on a simple principle: human trafficking is a crime of such magnitude and

atrocity that it cannot be dealt with successfully by any government alone. This global problem requires

a global, multi-stakeholder strategy that builds on national efforts throughout the world.

To pave the way for this strategy, stakeholders must coordinate efforts already underway, increase

knowledge and awareness, provide technical assistance, promote effective rights-based responses, build

capacity of state and non-state stakeholders, foster partnerships for joint action, and above all, ensure

that everybody takes responsibility for this fight.

By encouraging and facilitating cooperation and coordination, UN.GIFT aims to create synergies among

the anti-trafficking activities of UN agencies, international organizations and other stakeholders to

develop the most efficient and cost-effective tools and good practices.

UN.GIFT aims to mobilize state and non-state actors to eradicate human trafficking by reducing both the

vulnerability of potential victims and the demand for exploitation in all its forms, ensuring adequate

protection and support to those who fall victim, and supporting the efficient prosecution of the

criminals involved, while respecting the fundamental human rights of all persons.

In carrying out its mission, UN.GIFT will increase the knowledge and awareness on human trafficking,

promote effective rights-based responses, build capacity of state and non-state actors, and foster

partnerships for joint action against human trafficking.


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Further UNODC efforts to motivate action launched the Blue Heart Campaing Against Human Trafficking

on March 6, 2009, which Mexico launched its own national version of in April 2010. The campaign

encourages people to show solidarity with human trafficking victims by wearing the blue heart, similar

to how wearing the red ribbon promotes transnational HIV/AIDS awareness.On November 4, 2010,

U.N. Secretary-General Ban Ki-moon launched the United Nations Voluntary Trust Fund for Victims of

Trafficking in Persons to provide humanitarian, legal and financial aid to victims of human trafficking

with the aim of increasing the number of those rescued and supported, and broadening the extent of

assistance they receive

Human Trafficking Case Law Database

To assist countries in meeting their obligations under the United Nations Trafficking in Persons Protocol,

UNODC has developed a reporting system for collecting and disseminating information on human

trafficking prosecutions and convictions.

This case law database intends to enable judges, prosecutors, policy-makers, media, researchers and

other interested parties to take court decisions relating to these instruments into account in dealing

with human trafficking issues, to promote the uniform interpretation and application of these

instruments, to consult on practices in different jurisdictions, and to broaden the knowledge of human

trafficking crimes as well as the realities faced by ordinary people victimized by those who would buy,

sell and exploit them. UNODC invites legal practitioners in all Member States to contribute human

trafficking case law to the database.

Case Study:

Human Trafficking in Eastern Europe While human trafficking has existed for centuries all over the world, it has become an increasing

concern for countries in Eastern Europe since the fall of Communism. The transition to a market

economy has led to both opportunity and a loss of security for citizens of these countries. Economic

hardship and promises of prosperity have left many Eastern Europeans vulnerable to trafficking within

their countries and to destinations in other parts of Europe and the world. Unique to Eastern Europe are

some of the situations that support trafficking, such as organized crime, and the recruitment strategies

that perpetuate it. While some generalizations can be made, the countries within this region face

different challenges and are at varying stages of compliance with the rules that govern trafficking in

persons.

Causes

The collapse of the Soviet Union has been identified as one of the main contributing factors in

explaining the recent increase in human trafficking in Eastern Europe. It provided both human capital

and new regional opportunities to fuel the expansion.After this period, trafficking victims, primarily


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women, expanded to include more diverse forms, aided by the rise of organized crime, corruption, and

the decline of borders. Porous borders and close proximity to Western Europe have made it easier and

cheaper to transport victims within the region and abroad.

Another factor contributing to the rise in trafficking in Eastern Europe has been militarization and war in

the Balkans. The presence of a large number of foreign men in the Balkans after the war in Yugoslavia

led to the trafficking of thousands of Eastern European girls for commercial sex exploitation.The

connection between military bases and sex work is a well-known phenomenon and soldiers have helped

drive the demand for brothels in this region.

Prevalence

Although all forms of trafficking exist in Eastern Europe, sex trafficking has received the most attention

and exploitation of women in this area has been widely publicized in the media. Between 2003-2004,

85% of the victims that were assisted were victims of sexual exploitation. "The distinctiveness of post-

Soviet and Eastern European trafficking is the speed with which it grew and globalized. There was no

long-existing trade in human beings or established networks to facilitate this business. Instead, the

conditions of the transitional societies created the ideal conditions conducive to trade in human beings.

Now, years after initial transition, all forms of human trafficking are endemic in the region, a result of

poverty, ineffective counter-measures, the frequent collusion of government officials in this trade, and

the rise of criminal entrepreneurship."

Recruitment

Crime groups in the Balkans and the former Soviet Union have achieved success by being flexible and

altering their routes and methods to suit the rapidly changing global market. Previous work experience

and high education levels have enabled traffickers to "produce fraudulent documents, utilize advanced

communications technology, and operate successfully across borders." Their personal connections and

ability to utilize advanced technology has posed a challenge for many governments and law

enforcement agencies seeking to investigate and prosecute traffickers. Also unique to Eastern Europe is

the advanced education of many of the trafficked victims. Although well qualified for employment in

their home countries, victims often seek better opportunities or pay abroad. Many ploys have been used

to recruit more educated victims including marriage and employment agencies, fake modeling agencies,

film production studios, and work and study abroad opportunities. Because legitimate opportunities

exist in these areas, it is often difficult to separate the fraudulent advertisements from the credible

opportunities. These printed advertisements are rarely vetted.

Child trafficking

Child trafficking in Eastern Europe is mostly likely to occur in children younger than twelve (for begging,

theft, and other street crimes) and older than 15 (for commercial sexual exploitation). Cultural taboos

generally prevent the trafficking of young boys for sexual exploitation, however, some cases have been

noted among Romanian children trafficked abroad. Susceptible to trafficking are children with

disabilities and children belonging to specific ethnic minorities, such as the Jevgjit in Albania and the


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Romani People in other parts of the region. A UNICEF report conducted in 2006, noted that children

meeting these criteria were not generally the victims of outside traffickers, but members of their own

community, who sought to generate an income from their sale abroad. This report also highlighted five

common characteristics of children at risk for trafficking in Eastern Europe. These included: children

who suffer domestic violence

• children who lack family support and protection (ex. children living in institutions)

• children who have dropped out of school

• children belonging to ethnic minorities (ex. Roma)

• children who have been previously trafficked

Challenges

Although anti-trafficking campaigns over the past few years have led to improvements in some forms of

trafficking, data collection and management has continued to be a problem for countries in Eastern

Europe.Data collection is an important tool for monitoring country and regional trends and its analysis is

often used to shape anti-trafficking policies. It is important to collect data on both the victims and their

traffickers and information on investigation and prosecution rates are often utilized when assessing a

country's performance.

Some of the data collection problems identified in this region are:

• The percentage of crimes committed versus those identified, investigated, and prosecuted is not well understood

• Cooperation is needed by a wide variety of actors and reported statistics need to be standardized across organizations and agencies

• A lack of trust between NGOs and the government may prohibit the open sharing of information, especially if NGOs feel that sharing information about their clients will put either the victim or the organization at risk

• There may be linguistic, cultural, and inter-personal barriers that lead victims to underreport occurrences

• Some incidences of trafficking are investigated as smuggling, prostitution, etc., which keeps them from being captured in databases

• Incidents investigated as trafficking may continue to remain classified as such, even if they are reclassified as a lesser charge

To address these issues, the International Centre for Migration Policy Development, in cooperation with

national governments and NGOs, has begun the process of forming a standardized approach to data

collection and reporting in Eastern Europe.

The Role of NGOs

While there are a multitude of factors that limit the ability of NGOs to respond to trafficking, such as

lack of funding, extensive mandates, and lack of government support, NGOs play a critical supporting


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role for victims in Eastern Europe. Most NGOs, which emerged during the 1990s, initially struggled to

hold their ground against increasingly predatory traffickers.While their success varies from country to

country, NGOs are often credited with stepping in and taking initiative where governments have failed.

Victims are often more likely to trust NGOs because "many trafficked persons fear and distrust state-

based organizations as they frequently enter destination countries illegally, or have had their

documentation removed on arrival.Fear of deportation, being forced to testify, or retaliation by their

traffickers also contribute to their reluctance to approach statutory agencies for support. NGOs have

risen to fill this gap and provide services to victims. Services they offer include:

• legal, social, and psychological counseling and reintegration support

• education and awareness about the risks of trafficking

• informational and statistical support and research lobbying for victims rights

Representative facts

Armenia

Institutional framework

The specific offence of trafficking in persons was established in Armenia in 2003. The new National Plan

of Action on Combating Trafficking in Persons for 2007-2009 was approved in December 2007 and

followed the previous national action plan for 2004–2006.

Criminal justice response

A special police unit on trafficking and illegal migration under the Department against Organized Crime

was created in 2005. Trafficking in persons and related offences are dealt with chiefly by this

department.

Services provided to victims

State authorities provide legal protections, medical and psychological support, and housing and shelter

services. Local NGOs provide housing and shelter, medical and psychological support,and legal

assistance to victims.

Additional information

All the persons convicted of trafficking in persons in 2005-2006 were Armenian except one, who was a

citizen from another country of the region. The Armenian victims sheltered were repatriated from

Southern Europe, the Middle East and other countries of Eastern Europe and Central Asia. Foreign

victims were trafficked and exploited in Armenia.


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Belarus Institutional framework

The specific offence of trafficking in persons was established in Belarus in 1999, and the law was

amended in 2005 to increase the liability for this crime. The specific offence of trafficking in persons is

criminalized by the article 181 of the criminal code. In addition, other articles of the criminal code are

also used to prosecute trafficking cases, namely the offences of “exploitation of prostitution” and

“involvement in the exploitation of prostitution” (article 171), the offence of “stealing

persons”(article182), and “illegal actions directed to job placement abroad” (article 187). Furthermore,

the articles 173 (the involvement of minor in anti-social behaviour) and article 343 (the diffusion of

pornographic materials) might be used in trafficking in persons cases. A national action plan was

adopted for 2008-2011, following a previous action plan covering 2002-2007.


The Department for Drug Control and Prevention of Trafficking in Persons was established within the

Ministry of the Interior. The department includes a number of special units and operates at the national,

regional and district levels. The following statistics refer to the specific offence of Trafficking in Persons

(article 181) and to the related offences of “exploitation of prostitution” and “involvement in the

exploitation of prostitution” (article 171), the offence of “stealing persons” (article 182), and “illegal

actions directed to job placement abroad” (article 187).


State authorities provide legal protections, temporary visas, and medical and psychological support.

Local NGOs and international organizations provide housing and shelter, medical and psychological

support, and legal assistance to victims. Victims are identified by State agencies church bodies, NGOs,

international organizations, consular staff and other involved parties, who then refer them to the

relevant organization providing reintegration assistance.

Georgia Institutional framework

The specific offense of trafficking in persons was established in Georgia in 2003, and a new provision

entered into force in June 2007. A national action plan was adopted in 2006.


A Division to Combat Trafficking in Persons and Illegal Migration within the Ministry of the Interior was

established in 2005. A special interagency commission for the coordination of activities against human


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trafficking and efficient implementation of the action plan, headed by the Prosecutor-General of

Georgia, was established by the National Security Council on 1 February 2005.


State authorities provide legal protection, temporary visas, medical and psychological support, and

housing and shelter. Local NGOs provide legal assistance to victims.


Most of the Georgian victims were repatriated from Southern Europe and the Middle East. Eight of

these victims were subjected to internal trafficking. During the reporting period, two shelters were in

place in Georgia for victims of trafficking in persons; one in Western Georgia (Batumi, opened in 2006)

and one in Tbilisi (opened in 2007) that serves Eastern Georgia. Each shelter can accommodate 10

victims. Over the course of 2007, 15 persons were assisted in these shelters, including three children

(whose parents were victims of trafficking); 11 of the victims were Georgian and four were citizens of

other countries in the region.

Moldova Institutional framework

The specific offence of trafficking in persons was established in Moldova in 2001, and the legislation was

amended in 2005 to criminalize all forms of trafficking as listed in Article 3 of the UN Trafficking

Protocol. The amended legislation contemplates a specific provision for trafficking in children. A national

action plan was adopted in 2005.


A special section for combating trafficking in persons was established within the Ministry of the Interior

in 2000. A specific unit on trafficking in persons was created in 2005 within the structure of the Office of

the Prosecutor-General, and the Centre on the Fight against Trafficking in Persons was established in the

same year. The centre is a specialized body of prosecutors, investigators, analysts and support personnel

created to combat trafficking in persons. The total number of police personnel involved in anti-

trafficking activities ranged from 50 to 10 officers in 2007


State authorities provide legal protections, medical and psychosocial support, and housing services.

Local NGOs and international organizations offer housing and shelter, medical and psychosocial support,

and legal assistance to the victims. The Ministry of Family, Youth and Children coordinates victim

identification, reintegration and rehabilitation through multidisciplinary teams consisting of

representatives from different State authorities and NGOs set up in each district



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During the reporting period, about 10 cases of trafficking for the purpose of organ removal were

investigated in Moldova. Most of the victims sheltered by IOM are women and girls. Thirteen men were

sheltered in 2005- 2006.

Turkmenistan Institutional framework

A law on combating trafficking in persons was adopted in Turkmenistan and entered into force in

December 2007, but the law does not specifically establish trafficking in persons as an offence.


Turkmenistan has no specific police unit for combating trafficking in persons, though the State Service

for Registration of Foreigners (SSRF) is the de facto leading agency on combating trafficking in persons.

During the reporting period, no prosecutions and no convictions for trafficking in persons were recorded

in Turkmenistan. One case of sexual exploitation was prosecuted in 2005 and concluded with a

conviction


There is no official referral mechanism in place for victims of trafficking in persons. Between 2003 and

2006, there were no victims of trafficking in persons identified by State authorities. A registered NGO

conducted prevention and sheltering activities for trafficking victims during the reporting period. All

victims sheltered in 2005 and 2006 were adult Turkmen citizens returned from abroad. Four women

were sheltered in 2005, and seven women and one man in 2006. Three of them were trafficked for

forced labour (in 2006) and the remaining were trafficked for sexual exploitation.

Ukraine


The specific offence of trafficking in persons was established in Ukraine in 1998. The criminal code was

emended and in 2001 the new offence of trafficking in persons was established under the article 149 of

the Criminal Code. This article was amended later in 2006. A National Action Plan has been adopted for

the period2007-2010.


The Department for Combating Human Trafficking of the Ministry of the Interior was created in 2005.

Regional branches, divisions and units of the department were established in all regions of Ukraine. The


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National Security Service also works closely with the relevant authorities responsible for coordinating

anti-trafficking activities in Ukraine.


State authorities provide legal protection, medical and psychological support, and housing and shelter.

Local NGOs and international organizations provide housing and shelter, medical and psychological

support, and legal assistance to victims. In addition, h o u s ing allowances,microenterprisegrants,

educational grants, vocational training and physical therapy also are provided by the State and NGOs as

well as IOM (International Organization on Migration).

Uzbekistan


The specific offence of trafficking in persons was established in Uzbekistan in April 2008. Prior to that

law, Article 135 of the criminal code (1994) provided criminal liability for the “recruitment of persons for

the purpose of sexual or other exploitation”. In early 2008, a draft plan of action to combat trafficking in

persons was submitted to the Cabinet of Ministers for approval.


The Special Unit to Combat the Illegal Recruitment and Exploitation of Persons was established in April

2004 within the Ministry of the Interior, with branches set up at the regional and local levels nationwide.

Since its establishment, a total of 118 certified officers have worked for the unit and its branches. A

special unit also exists within the Ministry of the Interior for the prevention of offences related to the

recruitment of persons for the purposes of exploitation and offences against morality, with branches at

the regional and local levels. The total number of officers working for this unit and its branches is 154.

The following statistics refer to the offence of recruitment of persons for the purpose of sexual or other

exploitation.


State authorities provide legal protection for victims of trafficking in persons. Local NGOs and

international organizations provide legal assistance, housing and shelter, and medical and psychosocial

support.

Past UN Actions:

Various resolutions were passed on the issue of Human Trafficking, such as resolution 55/25 of 15

November 2000, 58/137 of 22 December 2003, and 59/166 of 20 December 2004. These are a few to


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name that have the purpose of quelling the threat of trafficking. In addition, two certain protocols have

been adopted as international law; the Palermo Protocols. Also, other protocols have been established

that can help the situation improve, such as the Optional Protocol to the Convention on the Rights of

the Children on the sale of children, child prostitution and child pornography, however, this particular

protocol has not been ratified or acceded by the majority of countries in the committee in question. The

most noteworthy action by the UN, in regards to trafficking, is the adaptation of the Palermo Protocols.

The protocols are two supplements of the United Nations Convention against Transnational Organized

Crime, which was adopted by General Assembly resolution 55/25 of 15 November 2000. However,

countries must become parties of the actual convention before they can become parties\signatories to

either of the protocols.

The first protocol is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially

Women and Children; it was put into force on 23 December 2003. This protocol in particular has the

status of being the first global legally binding instrument with an agreed meaning on trafficking in

persons. The focus of this protocol is to form uniformity in national approaches in investigating and

prosecuting trafficking in person’s cases. Another focus of the protocol is the protection and assisting of

victims of trafficking with full awareness of their human rights.

The second protocol is the Protocol against the Smuggling of Migrants by Land, Sea, and Air, which

entered into force on 28 January 2004. For the first time in a global international instrument, a

definition of smuggling of migrants was made and agreed upon; a major achievement of the Protocol.

The focus of the protocol is to stop and fight the smuggling of migrants, promoting cooperation among

States parties, and protecting the rights of smuggled migrants while preventing the worst forms of their

exploitation.

Proposed Solutions:

As for solutions, three practices address/relieve the problem of human trafficking. These practices are

prevention, protection, and prosecution. Prevention here means the prevention of victims and

trafficking crimes. That is, as many women empowerment groups and other groups to combat human

trafficking prevent this act by such involvement in awareness campaigns that also grabs the attention

here to need of rights and responsibilities for those victims. This brings the issue of raising awareness

among potential victims. What to be aware about is the tactics criminal groups use to coerce and traffic

people, the risks of trafficking, what people can do to protect themselves against criminal groups, what

the rights of potential victims are elsewhere, and how people can get help. Another method of

prevention is to focus on the perpetrators, such as providing more employment opportunities.

Protection focuses on the victims of trafficking, while prosecution focuses on the offenders. To apply

protection, one must know how to protect the victim, where to have them protected, have full

awareness of their human rights, and full awareness of the laws of the country where the crime is being

committed. However, prosecution may be slightly more difficult. A big majority of human trafficking

cases go unreported and offenders remain at large. Also, local law enforcement may be corrupt,

meaning that they may be involved in the illegal exporting or importing of humans. However, if


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prosecution can deal with all the complications of the situation, then prosecution is an excellent way to

solve the problem!

Questions a Resolution Must Answer (QARMA)

• What is Human Trafficking and what causes it?

• What is the magnitude of the situation? How can it be quelled\stopped\reduced?

• Is the definition of human trafficking set forth by the United Nations sufficient for understanding Human Trafficking as a Human rights violation?

• What are the role and response of the countries that victims of human trafficking are transported?

• What should countries do to perpetrators?

• What is the role of international bodies like the UN in terms of understanding the effects of Human Trafficking and determining how to combat it?

• What are the barriers facing states combating human trafficking? What can be done on the regional and sub-regional level to alleviate such barriers?

• How is Human Trafficking related to Contemporary Slavery? Are all Trafficked Persons considered slaves?

• Other than being a human rights violation, what other dangers result from human and sex trafficking concern the international community?

• What can and what should the global international, regional, and transnational organization do to help fighting human trafficking?

REFERENCES 1. http://www.un.org/en/

2. http://www.unodc.org/

3. http://www.interpol.int/

http://www.un.org/en/

http://www.un.org/en/

http://www.unodc.org/

http://www.unodc.org/

http://www.interpol.int/

http://www.interpol.int/


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4. https://exploitedchildren.eu/

5. http://www.ilo.org/sapfl/lang--en/index.htm

6. http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf

7. http://www.human-trafficking-research.org/

8. http://www.dmoz.org/Society/People/Women/Women%27s_Rights/Anti_Trafficking/

9. http://www.amnesty.org.au/refugees/comments/20601/

10. http://www.unodc.org/unodc/en/treaties/CTOC/index.html

https://exploitedchildren.eu/

https://exploitedchildren.eu/

http://www.ilo.org/sapfl/lang--en/index.htm

http://www.ilo.org/sapfl/lang--en/index.htm

http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf

http://www.unodc.org/documents/human-trafficking/HT-globalpatterns-en.pdf

http://www.human-trafficking-research.org/

http://www.human-trafficking-research.org/

http://www.dmoz.org/Society/People/Women/Women%27s_Rights/Anti_Trafficking/

http://www.dmoz.org/Society/People/Women/Women%27s_Rights/Anti_Trafficking/

http://www.amnesty.org.au/refugees/comments/20601/

http://www.amnesty.org.au/refugees/comments/20601/

http://www.unodc.org/unodc/en/treaties/CTOC/index.html

http://www.unodc.org/unodc/en/treaties/CTOC/index.html

unhrc guide for mun

Documents