TABLE OF CONTENTS:

1. LETTER FROM THE EXECUTIVE BOARD

2. ABOUT THE COMMITTEE
3. INTRODUCTION
4. ABOUT THE AGENDA
5. REFERENCE CASE STUDIES
6. SOURCES AND PROOFS ACCEPTED IN THE COUNCIL

LETTER FROM THE EXECUTIVE BOARD:

Dear Prospective Members,

At the outset on behalf of the Executive Board, we extend a warm welcome to all of you and
congratulate you on being a part of the United Nations Human Rights Council Committee
simulation at The Youth Summit 2024.

We believe that ‘study guides’ are detrimental to the individual growth of the members since they
overlook a very important aspect of this activity, which is - Research. We are sure however that
this background guide gives you a perfect launching pad to start with your research.
The Background guide would be as abstract as possible, and would just give you a basic perspective
on what the executive board believes you should know before you commence your research. This
being clear, kindly do not limit your research to the areas highlighted, further but ensure that you
logically deduce and push your research to areas associated with the issues mentioned. The
objective of this background guide is to provide you with a ‘background’ of the issue at hand and
therefore it might seem to some as not being comprehensive enough.

We are not looking for existing solutions or strategies that would be identical to what countries you
are representing have already stated; instead, we seek an out-of-the-box solution from you, while
knowing and understanding your impending practical and ideological limitations. 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 and crisis.
Wishing you all very warm good luck and hope to see you all at this conference discussing
imperative issues of international interest and we look forward to meeting you all at The Youth
Summit 2024.

Warm regards,
Madhav Nanda
Chairperson

ABOUT THE COMMITTEE:

“There can be no peace without development, no development without peace, and no lasting peace
or sustainable development without respect for human rights and the rule of law.” – Former UN
Deputy Secretary-General Jan Eliasson.

The Human Rights Council was created by the United Nations General Assembly on 15 March
2006 by Resolution 60/251.
The United Nations Human Rights Council (UNHRC) is an intergovernmental agency of the United
Nations, which aims to protect and promote human rights around the world. It was officially formed
on 15th March 2006, with its headquarters in Geneva, Switzerland. It replaced the erstwhile
‘United Nations Commission on Human Rights’ and currently works closely with the Office of the
High Commissioner for Human Rights (OHCHR). Every year, in March, June, and September, the
UNHRC holds the regular sessions, apart from which there is a provision to assemble special
sessions as well, according to one-third of the assent of member states. The Council of UNHRC is
generally made up of 47 UN Member States which are subsequently elected by the United Nations
General Assembly for a staggered period of three-year terms by the United Nations General
Assembly (UNGA).
The term membership of any Member State can be revoked at any time, considering the persisting
gross and systemic violations of Human Rights. The UNHRC has a separate ‘Advisory Committee’
and ‘Complaint Procedure’ wherein the gross and systematic threats to human rights are weighed
in and discussed. The UNHRC body takes in something that is called ‘Special Procedures’ to gather
inputs, advice, and observations concerning human rights issues from all across the world. While
inducting the member states into the UNHRC, the body lays out that, "when electing members of
the Council, Member States shall take into account the contribution of candidates to the promotion
and protection of human rights and their voluntary pledges and commitments made thereto", and
that "members elected to the Council shall uphold the highest standards in the promotion and
protection of human rights". The UNHRC has been criticized at times, on varying issues, such as
on diplomatic and membership issues by the Member States, such as the Israel, Palestine conflict,
the 2006 Lebanon conflict, and other issues involving states such as Eritrea, North Korea, Pakistan,
Venezuela, etc. The rights of freedom of expression and peaceful assembly and the right to
participate in public affairs are expressly recognized in the Universal Declaration of Human Rights,
as well as the International Covenant on Civil and Political Rights which form an integral part of
the Human Rights Council in almost all of the cases and their repercussions. Thus, upholding the
basic rights of man across the world and resurrection of the wrongdoings done of them are of the
primary concern of UNHRC. In this conference, the delegate will have to discuss the topic and find
an immediate solution to the issues that will arise during the committee sessions. The UNGA
resolution 60/251 expounded on the mandate of the HRC and towards that purpose stated; The
Council shall:
1. Promote human rights education and learning as well as advisory services, technical
assistance, and capacity-building, to be provided in consultation with and with the
consent of Member States concerned.
2. Serve as a forum for dialogue on thematic issues on all human rights;
3. Make recommendations to the General Assembly for the further development of
international law in the field of human rights;
4. Promote the full implementation of human rights obligations undertaken by States and
follow up to the goals and commitments related to the promotion and A/RES/60/251
protection of human rights emanating from United Nations conferences and summits;
5. Undertake a Universal Periodic Review, based on objective and reliable information, of
the fulfillment by each State of its human rights obligations and commitments in a
manner that ensures universality of coverage and equal treatment concerning all States;
the review shall be a cooperative mechanism, based on an interactive dialogue, with the
full involvement of the country concerned and with consideration given to its capacity
building needs; such a mechanism shall complement and not duplicate the work of treaty
bodies; the Council shall develop the modalities and necessary time allocation for the
universal periodic review mechanism within one year after the holding of its first session;
6. Contribute, through dialogue and cooperation, towards the prevention of human rights
violations and respond promptly to human rights emergencies;
7. Assume the role and responsibilities of the Commission on Human Rights relating to the
work of the Office of the United Nations High Commissioner for Human Rights, as
decided by the General Assembly in its resolution 48/141 of 20 December 1993;
8. Work in close cooperation in the field of human rights with governments, regional
organizations, national human rights institutions, and civil society;
 9. Make recommendations with regard to the promotion and protection of human rights;
10. Submit an annual report to the General Assembly.

ABOUT THE AGENDA:

The treatment of individuals incarcerated within correctional facilities is a complex issue that
intersects with human rights, public safety, and societal values. Ensuring that inmates' rights are
protected is paramount for several reasons: it upholds human dignity, fosters rehabilitation,
deters mistreatment, and reflects societal values.

Common violations of inmate rights include cruel and unusual punishment, denial of basic
necessities, violation of privacy, and lack of due process. These violations can have a profound
and lasting impact on inmates, both physically and psychologically. For example, excessive
solitary confinement can lead to severe mental health problems, while inadequate medical care
can result in preventable illnesses and deaths.
To address these issues, it is essential to establish clear and enforceable standards for prison
conditions. These standards should be based on international human rights law, such as the
Universal Declaration of Human Rights and the International Covenant on Civil and Political
Rights. Key elements of these standards might include:

● Humane Treatment: Inmates should be treated with respect and dignity, regardless of
their offense. This includes prohibiting physical, psychological, and sexual abuse, as well
as ensuring that they have access to basic necessities such as food, water, shelter, and
medical care.
● Adequate Living Conditions: Prisons should provide a safe and sanitary environment,
with sufficient space, ventilation, and natural light. Inmates should also have access to
adequate food, water, and healthcare.
● Access to Legal Rights: Inmates should have access to legal representation, fair trials,
and appropriate appeals processes. This includes the right to challenge their conviction or
sentence and to seek relief for violations of their rights.
● Protection from Abuse: Prisons should have policies in place to prevent and address
abuse, including physical, psychological, and sexual abuse. This may involve training
staff on how to identify and report abuse, as well as implementing measures to protect
vulnerable inmates.
 ● Mental Health Care: Inmates with mental health conditions should have access to
appropriate care and treatment. This includes both preventative measures and treatment
for existing conditions.

To ensure that these standards are upheld, it is necessary to implement effective oversight
mechanisms. This might include:

● Independent Inspections: Regular inspections of prisons by independent bodies can

help identify and address violations.
● Complaints Procedures: Inmates should have access to a transparent and accessible
complaints procedure.
● Accountability for Violations: Individuals who violate inmate rights should be held
accountable, both administratively and criminally.
● Public Awareness: Raising public awareness of the issue of inmate rights can help create
a more supportive environment for reform.
By addressing the issue of inmate rights and setting clear standards for prison conditions, we can
help create a more just and humane society. It is essential to remember that the treatment of
inmates is not only a matter of human rights but also a reflection of our society's values. By
ensuring that inmates are treated with dignity and respect, we can help to create a more just and
equitable world for all.

Under international human rights law, no one can be detained without a legitimate reason and,
anyone accused of a crime has the right to a fair trial. But in many countries throughout the
world, no proper process is followed and no safeguards are in place: such as lawyers present
during interrogations; independent doctors on-hand to examine detainees; contact with families
and ensuring confessions obtained by torture can never be used as evidence.

People are sentenced to imprisonment as punishment in itself, not for additional punishment.
While being deprived of their basic right to liberty, prisoners retain other human rights, with the
exception of those which are restricted by the very fact of being in prison. Prison reform is
necessary to ensure that this principle is upheld and that the human rights of prisoners protected.
This in turn improves prisoners’ prospects of rehabilitation and their social reintegration upon
release.
Human rights-based arguments are the premise on which many UN standards and norms have
been developed, and are often central to arguments about the need for prison and penal reform.
However, rights-based arguments are not always sufficient to encourage prison reform programs
in countries with scarce human and financial resources. There are, however, other powerful
arguments such as the detrimental impact of ill-managed imprisonment on many categories of
offenders, their families and communities as well as the significant socio-economic costs that
result from an overreliance on imprisonment.

ADDITIONAL REFERENCE CASE STUDIES:

United States: The Prison Litigation Reform Act (PLRA)

The PLRA, enacted in 1996, significantly impacted inmate rights litigation in the United States.
It imposed stricter requirements for filing lawsuits, making it more difficult for inmates to
challenge prison conditions. While the PLRA has reduced the number of inmate lawsuits, it has
also raised concerns about the ability of inmates to protect their rights.
South Africa: Mandela's Legacy and Prison Reform

Nelson Mandela's experiences as a political prisoner in Robben Island prison played a crucial
role in South Africa's post-apartheid prison reform efforts. After his release, Mandela advocated
for the closure of apartheid-era prisons and the establishment of more humane correctional
facilities. South Africa has made significant strides in improving prison conditions and protecting
inmate rights, but challenges remain, such as overcrowding and inadequate resources.

Brazil: The Carandiru Massacre and Prison Reform

The Carandiru Massacre of 1992, in which police killed 111 inmates during a raid on a São Paulo
prison, exposed the brutal conditions and violence prevalent in Brazilian prisons. This event led
to a national outcry and a series of prison reforms aimed at improving conditions and reducing
violence. However, Brazil's prison system continues to face challenges, including overcrowding
and corruption.

Russia: Human Rights Abuses in Prisons

Russia has faced international criticism for human rights abuses in its prison system. Reports of
torture, overcrowding, and inadequate medical care have raised concerns about the treatment of
inmates. The Russian government has taken steps to address these issues, but challenges remain.
China: Lack of Transparency and Human Rights Concerns

China's prison system operates with limited transparency, making it difficult to assess the
conditions and treatment of inmates. International human rights groups have raised concerns
about the use of torture, forced labor, and arbitrary detention in Chinese prisons. The Chinese
government has denied these allegations, but there is limited information available to verify their
claims.

Guatemala: The "Black Site" Scandal

Guatemala's military dictatorship in the 1970s and 1980s was notorious for its human rights
abuses, including the torture and disappearance of political prisoners. In recent years, the
discovery of secret "black sites" where prisoners were held and tortured has shed light on the
extent of these abuses. The Guatemalan government has been working to address the legacy of
human rights violations and provide justice for victims and their families.
Chile: Pinochet's Dictatorship and Human Rights Abuses

During the military dictatorship of Augusto Pinochet (1973-1990), Chile witnessed widespread
human rights violations, including the torture, disappearance, and murder of political prisoners.
Many of these crimes were committed in secret detention centres and military bases. Pinochet
was eventually arrested and tried for his crimes, and several former military officials have been
convicted of human rights abuses.

Myanmar: Rohingya Persecution and Forced Displacement

The persecution of the Rohingya Muslim minority in Myanmar has led to widespread human
rights violations, including mass killings, rape, and forced displacement. Rohingya have been
subjected to arbitrary detention, torture, and extrajudicial killings in Myanmar's prisons and
detention centres. The international community has condemned Myanmar's treatment of the
Rohingya and called for accountability for perpetrators of human rights abuses.

Venezuela: Humanitarian Crisis and Prison Conditions

Venezuela's ongoing humanitarian crisis has had a devastating impact on the country's prison
system. Overcrowding, malnutrition, and lack of medical care have led to widespread suffering
and death among inmates. Human rights groups have documented cases of torture, abuse, and
arbitrary detention in Venezuelan prisons. The Venezuelan government has struggled to address
these challenges amid economic and political instability.

Iran: Suppression of Dissent and Political Prisoners

Iran's government has been accused of suppressing dissent and persecuting political prisoners.
Human rights groups have documented cases of arbitrary arrests, torture, and executions of
individuals who have criticized the government. Iranian prisons are often overcrowded and lack
basic amenities, leading to poor conditions for inmates.

PROOFS AND EVIDENCE ACCEPTED IN THE COUNCIL:

1. State-operated News Agencies:

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

● RIA Novosti (Russia) [http://en.rian.ru/]

● IRNA (Iran) [http://http://www.irna.ir/en/]

● BBC (United Kingdom) [http://bbc.co.uk/]
● Al Jazeera (Qatar) [http://www.aljazeera.com]
● Xinhua News Agency (PR China) [http://www.xinhuanet.com/english/china/]

2. Government Reports:

These reports can be used in a similar way as the State Operated News Agencies reports and can,
in all circumstances, be denied by another country. However, a nuance is that a report that is being
denied by a certain country can still be accepted by the Executive Board as credible information.
Some examples are,
 ● Government Websites like the - State Department of the United States of America
[http://www.state.gov/index.htm] or the
● Ministry of Defense of the Russian Federation [http://www.eng.mil.ru/en/index.htm] ●
Ministry of Foreign Affairs of various nations like India [http://www.mea.gov.in/] or ●
People’s Republic of China [http://www.fmprc.gov.cn/eng/].

● Permanent Representatives to the United Nations Reports

http://www.un.org/en/members/ (Click on any country to get the website of the Office of
its Permanent Representative.)
● Multilateral Organizations like the NATO
[http://www.nato.int/cps/en/natolive/index.htm],
ASEAN [http://www.aseansec.org/],
OPEC [http://www.opec.org/opec_web/en/], etc.

3. United Nations Reports:

All UN Reports are considered credible information or evidence for the Executive Board of the
UNHRC :

UN Bodies like the UNSC [http://www.un.org/Docs/sc/] or

UNGA [http://www.un.org/en/ga/].

UN Affiliated Bodies like the International Atomic Energy Agency [http://www.iaea.org/],

World Bank [http://www.worldbank.org/],

International Monetary Fund [http://www.imf.org/external/index.htm], International Committee

of the Red Cross [http://www.icrc.org/eng/index.jsp], etc.

Treaty Bodies like the Antarctic Treaty System [http:// www.ats.aq/e/ats.html], the

International Criminal Court [http://www.icc- cpi.int/Menus/ICC]

NOTE: Sources like Wikipedia [http://www.wikipedia.org/], Amnesty International
[http://www.amnesty.org/],
Human Rights Watch [http://www.hrw.org/] or newspapers like the Guardian
[http://www.guardian.co.uk/] ,
Times of India [http://timesofindia.indiatimes.com/], etc. are typically not accepted as
PROOF/EVIDENCE. However, they can be used for a better understanding of any issue or on
rare occasions, be brought up in debate if the information given in such sources is in line with the
beliefs of a Government.
Further, the information submitted as evidence citing reportage from sources such as specified in

this note may be at best, treated as having significance in terms of persuasive value - e.g. to cement

one’s assertions, but never as a binding, indisputable fact.