ASPERA NATIONAL MUN

11-12th May 2024

BACKGROUND
GUIDE

United Nations Human Rights Council

 LETTER FROM THE
EXECUTIVE BOARD
Greetings! At the outset, we would like to tell you that it gives us immense
pleasure to serve as your Executive Board for the simulation of UNHRC at
ASPERA MUN 2024. To begin with, this paper, called the “background
guide” in common parlance, has been written with the thought that it will
serve as a map for you to navigate through the mass of information that
you may come across in your preparation for the conference. It will also
guide you to understand the different angles to the forthcoming discussion,
a sort of reflection of what is in store for you. Thus, as the name “map”
may hint, it will not provide you with all the information or analysis on the
agenda at hand. Unfortunately, to break it, you will have to work a bit
beyond just reading this paper. Be rest assured this piece of document will
provide you with just the right amount of information required for you to
begin your research.
The second issue which we wish to address is how you should perceive this
agenda. The agenda is multi-faceted and has the potential to steer the
conversation towards a lot of other sub-agenda. Therefore, we expect that
the delegates make the right judgement call while working with nuances of
this topic. We hope that we will be able to critically examine the agenda
and come up with solutions, or maybe measures, which we can adopt to
tackle not just the problems We’re facing right now but to also avert any
future problems. Just remember that being a problem solver is one of your
primary roles as a participant in this discussion, even if you may have to
speak from the perspective of the respective governments that you are
going to represent. The onus is on you, members, to formulate a resolution
that gives a fair attempt and frames practical solutions for the impairment
of treaties, failing and showing no progress, crippled by political interest
pushing humanity towards the brim of war. We sincerely hope that our
committee at ASPERA MUN will help you sharpen your skills. Looking
forward to seeing all of you in action. For any queries, feel free to contact
the Executive Board. Warm regards,

The Executive Board

Mr. Sarthak Tyagi, Chairperson,UNHRC, sarthaktyagi426@gmail.com

Mr. Panav Tripathi, Vice-Chair, UNHRC, krishnatrip45@gmail.com
Mr. Atharv Ahuja, Vice-Chair, UNHRC, atharvaahuja14@gmail.com
HISTORY OF UNHRC
The United Nations Human Rights Council (UNHRC) was established
by the UN General Assembly with the passing of resolution 60/251 in
2006. The first UNHRC session occurred in June of that year. Over the
course of 2006 and 2007, its mechanisms and functions were formed,

1 - It was established as an “intergovernmental body within the United

Nations system responsible for strengthening the promotion and
protection of human rights around the globe and for addressing
situations of human rights violations and making recommendations on
them”.

2 - The main objective of the UNHRC is to draw attention to human

rights issues, discuss them, and give suggestions about how to properly
address them and provide justice to those affected. The council is
composed of 47 UN Member States elected by the General Assembly.
The UNHRC replaced the UN Commission on Human Rights, which
was created in 1946 to “weave the international legal fabric that protects
our fundamental rights and freedom”.

3 - Some reforms implemented in the UNHRC included the Universal

Periodic Review mechanism, which allows the UNHRC to investigate
human rights situations in all UN Member States. Another was the
Advisory Committee, which serves as the UNHRC’s “think tank” to
offer “expertise and advice on thematic human rights issues”.

4 - A system to process “complaints” was also added, where human

rights violations could be brought to the attention of UNHRC.

5 Finally, the UNHRC works with UN Special Procedures,

6 which include special rapporteurs, representatives, independent

experts, and working groups which look to monitor human rights around
the world. Fundamentally, the purpose of the UNHRC is to promote
international human rights standards.
PROBLEM STATEMENT
"Assessing Human Rights in armed conflicts with
special emphasis on the Middle East crisis."

Human rights have been gravely violated in the Middle East due to protracted hostilities
and humanitarian crises. Millions of people are daily victims of violence, displacement,
and denial of their fundamental rights due to a variety of regional conflicts, including the
ongoing civil war in Syria, the Israeli-Palestinian conflict, and other conflicts.
Understanding the core tenets of international human rights law (IHRL) and
international humanitarian law (IHL), which work to defend people's rights during times
of armed conflict, is essential. The cornerstones of these legal frameworks are the Geneva
Conventions and the Universal Declaration of Human Rights, which specify the rights and
safeguards granted to vulnerable groups such as civilians and prisoners of war and
population during armed conflict. UN Human Rights worked in 19 countries in the
Middle East and North Africa (MENA) region in 2021. The Office supported four
country offices (State of Palestine, Syrian Arab Republic, Tunisia, and Yemen); two
human rights advisers (HRA) in Bahrain and Jordan; two human rights components in
missions in Iraq and Libya; and a project presence to build national capacity in relation to
human rights in the Kingdom of Saudi Arabia. The two regional offices/centers were the
UN Human Rights Training and Documentation Centre for South-West Asia and the
Arab Region and the Regional Office for the Middle East and North Africa (ROMENA).
Additionally, the Office kept carrying out targeted nation programmes in the Islamic
Republic of Iran and the Arab Republic of Egypt. The Office provided support to two
special procedures country mandates, namely, the Special Rapporteur on the situation of
human rights in the Palestinian territory occupied since 1967 and the Special Rapporteur
on the situation of human rights in the Islamic Republic of Iran. Support for these
mandates continued through several activities, including contributions to mandated
reports, communications, and press releases on human rights issues and engagement with
States and civil society. The Office also served as the Secretariat to the Special
Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories, as mandated by the General
Assembly. In addition, the Office cooperated with the Independent International
Commission of Inquiry on the Syrian Arab Republic and the
Independent International Commission on the Occupied Palestinian Territory,
including East Jerusalem, and Israel, the Fact-Finding Mission on Libya, and the
Independent Yemeni National Commission of Inquiry to Investigate Alleged
Human Rights Violations (NCIAHRV). During the year, the Office continued to
monitor, publicly report, and undertake strategic advocacy on the human rights
situation in the region, in parallel with increased engagement, technical
cooperation, and capacity-building with States. UN Human Rights field presences
supported regional governments, civil society organizations, national human rights
institutions (NHRIs), and other actors to prevent violations and strengthen the
protection of human rights. In the context of enhancing engagement with
international human rights mechanisms, the Office organized two training of
trainers’ workshops on those mechanisms for members of the Secretariat of the
League of Arab States; a virtual training workshop for Iranian State officials; and
workshops for officials of the National Reporting Committees of Kuwait and
Saudi Arabia. The Office further supported phase two of a hybrid workshop on
engagement with the Universal Periodic Review (UPR) for officials from Syria.
Field presences also continued to work with key partners, including UN Country
Teams (UNCTs) and Resident Coordinators (RCs) across the region, to support
the integration of human rights into development agendas and the implementation
of strategies to curb inequalities, including in the context of COVID-19. In
addition to the devastating loss of life resulting from COVID-19, ongoing
lockdowns, curfews, and other imposed restrictions continued to impact people’s
lives. Widespread economic consequences resulted in an increase in poverty and
food insecurity, particularly in contexts characterized by weak public healthcare
systems and fragile economies. In some States in the region, people protested for
the right to health, economic assistance, good governance, and access to
treatment. Groups in vulnerable situations, including persons with disabilities and
migrants, were disproportionately affected. People on the move faced
discrimination, hostile statements from public officials, a lack of access to basic
services, and, in some cases, arrests and detention. At the same time, religious and
ethnic minorities, persons with disabilities, LGBTI persons, and other groups in
vulnerable situations continued to be marginalized in some States. Discrimination
against women persisted in law and in practice in numerous states. During the
year, OHCHR supported the development of draft legislation to combat violence
against women in Libya, in cooperation with Members of Parliament, lawyers,
relevant ministries, and civil society. The Office organized two regional
roundtables to develop a road map for the integration of a gender perspective into
educational curricula
and textbooks and a roundtable event on the situation of women human
rights defenders (WHRDs) in the region.

INTERNATIONAL HUMAN RIGHTS LAW

The international human rights movement was strengthened when the United Nations General
Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10 December 1948.
Drafted as a common standard of achievement for all peoples and nations, the Declaration for
the first time in human history spells out basic civil, political, economic, social, and cultural
rights that all human beings should enjoy. It has over time been widely accepted as the
fundamental norm of human rights that everyone should respect and protect. The UDHR,
together with the International Covenant on Civil and Political Rights and its two Optional
Protocols, and the International Covenant on Economic, Social and Cultural Rights, form the
so-called International Bill of Human Rights.

A series of international human rights treaties and other instruments adopted since 1945
have conferred legal forms on inherent human rights and developed the body of
international human rights. Other instruments have been adopted at the regional level
reflecting the particular human rights concerns of the region and providing for specific
mechanisms of protection. Most States have also adopted constitutions and other laws
which formally protect basic human rights. While international treaties and customary law
form the backbone of international human rights law other instruments, such as
declarations, guidelines, and principles adopted at the international level contribute to its
understanding, implementation and development. Respect for human rights requires the
establishment of the rule of law at the national and international levels.

International human rights law lays down obligations that States are bound to
respect. By becoming parties to international treaties, States assume obligations
and duties under international law to respect, protect, and fulfill human rights. The
obligation to respect means that States must refrain from interfering with or
curtailing the enjoyment of human rights. The obligation to protect requires States
to protect individuals and groups against human rights abuses. The obligation to
fulfill means that States must take positive action to facilitate the enjoyment of
basic human rights.
SOME ANALYSIS ON OHCHR CONTRIBUTION

OHCHR contributed to enhancing the compliance of legislation and policy

with international human rights law norms and standards through advocacy
with the judiciary and other national partners. To counter arbitrary detention,
OHCHR facilitated the establishment of a high-level committee, which
includes representatives from the Ministries of Justice and Interior, the Office
of the Attorney General, the Office of the Military Prosecutor, and the Office
of the First Deputy Prime Minister. OHCHR provided support for guiding
principles to bring an end to arbitrary detention in Libya. Moving forward, the
committee will coordinate the implementation of the action plan and its
recommendations and measures and will follow up on and address individual
cases on an ongoing basis Also, OHCHR mobilized national partners, in
particular the Committee of Libyan Experts on Combating Violence Against
Women, to conduct a comprehensive review of the draft law on violence against
women to ensure its compliance with international human rights standards.
Following a series of virtual and in-person consultations, the draft law was
presented under the auspices of the Ministry of Women’s Affairs of the
Government of National Unity. The draft was presented, in October, to 19
women Members of Parliament OHCHR contributed to the enhanced
capacities of the judiciary to ensure that accountability mechanisms operate in
conformity with international human rights standards, including in the context
of the electoral process. In the lead-up to the presidential and parliamentary
elections that were scheduled to take place in December 2021 and January
2022 and then postponed, OHCHR effectively supported the judicial system in
adjudicating election disputes and monitoring election-related violence. This
included providing advice to the Political Parties Affairs Commission at the
Ministry of Justice on the registration of political parties, monitoring attacks
against members of the judiciary, and addressing the security of electoral
justice systems. In addition, OHCHR provided technical assistance to judges
involved in the process, in collaboration with the Supreme Judicial Council.
 KEY FOCUS AREAS
As the Executive Board of the United Nations Human Rights
Council (UNHRC), it is our responsibility to ensure that
discussions on sensitive topics such as human rights are
conducted with the utmost respect, diligence, and consideration
for diverse viewpoints. In the context of a Model United
Nations simulation, where delegates represent the foreign
policies of their respective countries, it is crucial to approach
the discussion on human rights with a
nuanced understanding of international relations, human rights principles,
and diplomatic protocols. This guide aims to provide delegates with a
comprehensive account of key focus areas and considerations while
discussing human rights within the framework of foreign policy at UNHRC.

1. Familiarize yourself with the foreign policy stance of the country you
represent regarding Human rights and related issues. Understand the
historical, cultural, religious, and socio-political factors that shape your
country's position on Human rights. Articulate your country's priorities,
concerns, and objectives regarding Human rights within the context of its
broader foreign policy goals and diplomatic relations.

2.Upholdtheprinciplesofuniversalhumanrights,asenshrinedininternationaltrea
ties and conventions, including the right to health, autonomy, privacy, and
non-discrimination. Advocate for the recognition and protection of Human
rights, including fundamental human rights.

3. Seek opportunities for constructive dialogue and compromise while

upholding core principles and objectives related to Human rights.

4.DelegatesareRequestedtoanalyzefuturerecommendationsfortheissueathand.
UNA-USA ROP
 UNA-USA: Rules of Procedure
I. INTRODUCTORY REMARKS
Rule 1. Official and working languages English shall be the official
and working language of all committees during the formal and
informal debate.
Rule 2. Decorum Delegates are to obey instructions given by
Executive Board Members. Those who do not obey directions will be
dismissed from the conference.

II. AGENDA
Rule 5. Agenda The Secretary-General or his/her representative shall
communicate the agenda to the delegates before the conference.
Rule 6. Revision of the Agenda Additional items of an important and
urgent nature may be placed on the agenda during a regular session by the
Secretary-General who may add additional topics to the agenda at his/her
discretion.
Rule 7. Adoption of the Agenda The first order of business for the
committee shall be the adoption of the agenda. The only motion in order
at this time will be in the form of “The delegate of [country name] moves
that [topic area x] be placed first on the agenda.”

III. CONDUCT OF BUSINESS

Rule 8. General Speakers’ List: The Chair shall open the general speakers’ list for each topic to be discussed
at the request of a delegate. Any delegate wishing to be added to the speakers’ list shall indicate so when
asked by the Chair or shall submit such a request in writing to the dais.
Rule 9. Limitation of Speaking: Time The Chair may limit the time allotted to each speaker. However,
delegates can motion to increase or decrease the speaking time, which will be voted upon by the committee or
council. When a delegate exceeds his or her allotted time, the Chair may call the speaker to order without
delay.
Rule 10. Yielding Time: The delegate, who has been recognized by the Chair to address the body on a
substantive issue, may yield any time following their remarks after their speech.
Yields may be made in three ways: to another delegate, to points of information (questions), or to the Chair.

● Yield to another delegate. His/her remaining time shall be given to another delegate.
● Yield to questions. Delegates shall be selected by the Chair to ask question(s) per speech. The Chair has
the right to call order to any delegate whose question is, in the opinion of the Chair, not designed to elicit
information. Answers to questions are limited to the time remaining in a delegate's speech.

● Yield to the Chair. Such a yield should be made if the delegate does not wish his/her speech to be subject to
comments. The Chair shall then move on to the next speaker if he/she wishes to. Once a delegate yields
his/her time, the second delegate (the one who has been yielded to) may not yield any remaining time.

Rule 11. Right Of Reply: The Chair may recognize the Right of Reply only in instances of a grave personal
insult, grievous comments on one’s nation and the state head of their respective nation. Rights of Reply must
be submitted in writing to the Chair, and may only be granted after a speech is completed. The Chair shall
inform the Secretary-General of the circumstances surrounding the Right of Reply. No ruling on this matter
is subject to appeal.
IV.POINTS
Rule 12. Point Of Personal Privilege: During the discussion of any matter, a delegate may raise a
Point of Personal Privilege, and the Chair shall immediately address the point. A Point of Personal
Privilege must refer to a matter of personal comfort, safety, and/or well-being of the members of
the committee. The Chair may refuse to recognize a Point of Personal Privilege if the delegate has
not shown proper restraint and decorum, or if the point is dilatory in nature.

Rule 13. Point Of Order: During the discussion of any matter, a delegate may raise a Point of
Order and the Chair shall immediately consider the request. A Point of Order must relate to the
observance of the rules of the committee or to the way the Chair is exercising his or her power. A
delegate raising a Point of Order may also raise the request in a case of factual inaccuracy in the
discussion. The Chair may refuse to recognize a Point of Order if the delegate has not shown proper
restraint and decorum governing the use of such a right, or if the point is dilatory in nature.

Rule 14. Point Of Information (question to other delegates): After a delegate gives a speech, and if
the delegate yields their time to Points of Information, one Point of Information (a question) can be
raised by delegates from the floor. The speaker will be allotted the remainder of his or her speaking
time to address Points of Information. Points of Information are directed to the speaker and allow
other delegations to ask questions in relation to speeches and resolutions.

Rule 15. Point Of Inquiry: If there is no discussion on the floor, a delegate may raise a Point of
Inquiry to request clarification of the present procedural status of a meeting. A Point of Inquiry
may never interrupt a speaker.

VI. MOTIONS
Rule 16. Suspend Debate (Motion to Caucus): Upon the recommendation of the Chair or any
delegate, the committee may consider a motion to Suspend Debate for the purpose of a moderated or
un-moderated caucus.
This motion requires a majority vote.

● Moderated Caucus: The recommendation for a moderated caucus must include a time limit for
delegate remarks and a time limit for the entire caucus (e.g. "The delegate of [country name] would
like to suspend the formal debate for a five minute moderated caucus with a 30 second speaking time
on the topic [a relevant sub-topic for the main agenda].")

● Un-moderated Caucus: The recommendation for an un-moderated caucus requires a time limit to
be made (e.g. "The delegate of [country name] would like to suspend the formal debate and move for
a ten minute un-moderated caucus."). Unmoderated caucuses allow delegates to have informal
discussions without any moderation or disturbance.

Rule 17. Motion to Table Debate: During the discussion of any matter, the committee may consider
a motion to table debate on the item under discussion at the recommendation of the Chair or any
delegate.Then, the motion shall immediately be put to a vote. A two-thirds majority is required for
passage. If a motion to table debate is passed, the topic is considered tabled and no further actions or
votes will be taken on it. A topic may be reintroduced to the committee so that debate can resume
through the same process. The motion to resume debate on a tabled topic shall also require two-
thirds majority for passage.
 VII. RESOLUTIONS
Rule 18. Submission Of Working Papers, Draft Resolutions, and Amendments: Working papers, draft resolutions,
and amendments shall be submitted to the Director typed and with the proper number of signatures. The Chair
may permit discussion and consideration of proposals and amendments once approved, even if the documents have
not been circulated through the committee.

Rule 19. Introducing Draft Resolutions: Once a draft resolution has been approved by the Director and has been
copied and distributed, a delegate may raise a motion to introduce the draft resolution, which is automatically
approved and does not require a vote(if the same is unanimous). The content of the introduction shall be limited to
summarizing the operative clauses of the draft resolution. Such an introduction shall be considered procedural in
nature, hence yields and comments are out of order. Additional questions and comments regarding the resolution
are encouraged to be raised through the speakers’ list and yields.

Rule 20 Amendments: Both friendly and unfriendly amendments require the approval of the Chair. An amendment
is considered friendly if all of the sponsors of the initial draft resolution are signatories of the amendment. Such an
amendment is adopted automatically. Unfriendly amendments are a decision of the Committee. An unfriendly
amendment must have the approval of the Director and the signatures by 20% of the committee. Amendments to
amendments are out of order.

VIII. VOTING
Rule 21. Methods Of Decision: All procedural decisions, except for the closure and
adjournment of the debate, shall be made by a simple majority of the delegations present.
Delegations physically present in the committee may not abstain from procedural motions.
Decisions on draft resolutions and amendments shall require a simple majority in favor.
However, the passage of all resolutions and amendments in the Security Council requires
nine affirmative votes and an affirmative vote or an abstention on the part of all permanent
members (People's Republic of China, France, Russian Federation, United States of
America, and the United Kingdom).

Rule 22. Voting Rights: Each present delegation shall have one vote. Observing nations
and non-governmental organizations (NGOs) cannot vote on substantive matters. Each
vote may be a Yes, No, or Abstain. On procedural motions, members may not abstain.
Members “present and voting” shall be defined as members casting an affirmative or
negative vote (no abstentions) on all substantive votes.

Rule 23. Conduct While In Voting Procedure: After the Chair has announced the
beginning of voting, no representative may enter or leave the room, nor shall any
representative interrupt the voting except on a Point of Personal Privilege, Point of
Inquiry, or a Point of Order in connection with the actual conduct of the voting.
Communication between delegates is strictly forbidden. A member of the staff shall secure
the doors during the voting procedure and no secretariat board members shall be present
during the voting procedures. The Entire UNA/USA formal Rules Of Procedures (ROP’s)
can be viewed here: ROP_UNTWO.pdf (fairgaze.com)