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UNHRC

Uploaded by

ABEN THOMAS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

EPOCH DIPLOMATIC SUMMIT MODEL UNITED NATIONS

UNITED NATIONS HUMAN RIGHTS COUNCIL

AGENDA- Discussion on the enactment of laws for the rights of


male with special emphasis on male rape victims.

1
CONTENTS-

I. Letter from the executive board


II. Evidence or proof acceptable in the committee
[Link] to Human Rights
IV. UNHRC mandate
V. Powers And Responsibilities
VI. Paperwork
VII. Rules Of Procedure
VIII. The Agenda
IX. Basics Of Draft Resolution
X. References

2
LETTER FROM THE EXECUTIVE BOARD

Dear Delegates,
I hope this message finds you in good health and high spirits. With great pleasure, we
welcome you all to United Nations Human Rights Council (UNHRC) Committee session,
where we will be addressing the critical issue of lack of legal frameworks to solve the
problem of male rape victims. Our objective, as the executive board of the committee, will
be to facilitate debate as a means to developing a common understanding of how this issue
impacts and affects millions of lives. Your dedication and expertise in international affairs
will undoubtedly contribute significantly to our collective efforts in finding sustainable
resolutions to the complex challenges posed by the situation at hand. The United Nations
(UN) depends on the cooperation and goodwill of its 193 Member States. Because each state
has unique interests and concerns, it is challenging to write, negotiate, and pass resolutions.
Every stage of the process demands creativity and diplomacy. We have envisioned this
simulation to be one of the most productive and thoughtful simulation of the committee. We
expect each delegate to come to the conference with an understanding of his or her country’s
positions and a willingness to forge agreements. Research well and use
credible sources for the information you collect. You can use other platforms to gather
knowledge but nothing to be delivered inside the committee. Till the day you will receive
this letter, we would be having very less time for the conference to begin. We look forward
to seeing you at the conference and wish you the very best in your preparations.
Please note that this study guide is not exhaustive and merely provides an overview of the
Agenda of the committee. The guide is meant to give the delegates a basic idea of the scope
and mandate of the discussion.
We wish you good luck.
Best regards,

Taiwan Deori (Co-Chairperson)


Apurv K Sikaria (Co-Chairperson)

3
EVIDENCE OR PROOF ACCEPTABLE IN THE COMMITTEE

Evidence or proof from the following sources shall be accepted as credible by the committee:
1. News Sources:
 Reuters: Any Reuters article that unambiguously makes mention of the fact stated or is in
contradiction of the fact being stated by another delegate in the council can be used to substantiate
arguments in the committee.
 State-operated News Agencies: These reports can be used to support or against the State that owns
the News Agency. They, however, can be denied by any other country in the council. Some examples
are RIA Novosti (Russia), IRNA (Iran), Xinhua News Agency and CCTV (China)
2. Government Reports: These reports can be used similarly to the State Operated News
Agencies reports and can, in all circumstances, be denied by another country. However, a
report denied by a certain country can still be accepted by the Executive Board as credible
information.
 Government Websites: For example
State Department of the United States of America ([Link]
 Department of Defence Russian Federation ([Link]
 Ministry of Foreign Affairs of various nations like India
([Link]
 People’s Republic of China
([Link]
 Permanent Representatives to the United Nations Reports
3. UN Reports: All UN Reports are considered credible information for this simulation.
4. UN Bodies: For Example-
 UNSC
([Link]
 UNGA ([Link]
 UN Affiliated Bodies:
International Atomic Energy Agency
([Link]
World Bank
([Link]
International Monetary Fund
([Link]
International Committee of the Red Cross
([Link]
 Treaty-Based Bodies

4
5
INTRODUCTION TO THE HUMAN RIGHTS-

According to the Universal Declaration of Human Rights, human rights are those economic, social, political,
cultural, and civic rights that guarantee any human’s life free of fear and want. They are those rights that are
always available to human beings irrespective of their ethnicity, race, color, social group, era, country, sex,
creed, age, gender, etc. Human rights have continued to be violated from the First World War till date,
which is why it is of key importance that the United Nations with its powers try to curb this global issue that
plagues the world.

The UN with its organs and instruments has continued to facilitate the advancement of human rights
awareness and conservation through international corporations and partnerships between member states to
identify, investigate, and proffer sustainable solutions and frameworks to prevent human rights violations
across the globe.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary
international law, general principles, and other sources of international law. International human rights law
lays down obligations of Governments to act in certain ways or to refrain from certain acts, to promote and
protect human rights and fundamental freedoms of individuals or groups.

In 1948, the United Nations General Assembly adopted The Universal Declaration of Human Rights, which
was the first instrument formally recognizing human rights. In 1950, the Council of Europe adopted the
European Convention on Human Rights. In 1966, the United Nations General Assembly adopted The
International Covenant on Civil and Political Rights and The International Covenant on Economic and
Social Rights. These two entered into force in 1976 and along with the UDHR constitute what is referred to
as the International Bill of Human Rights.

In the UN Charter – the UN’s founding document – the countries of the United Nations stated that they were
determined: ‘… to reaffirm faith in fundamental human rights, in the dignity and worth of the human person,
in the equal rights of men and women and of nations’ Fundamentally, Human Rights are:

Universal → They belong to all people equally regardless of status and they are the same for all human
beings everywhere in the world

Inalienable → they may not be taken away or transferred; people still have human rights even when their
governments violate those rights

Interconnected/interdependent → fulfillment or violation of one right affects the fulfillment of all other
rights; together human rights form a complementary framework

Indivisible →Noo right can be treated in isolation; no right is more important than another • Non-
discriminatory →Humann rights should be respected without distinction, exclusion, restriction, or
preference based on race, color, age, sex, national or ethnic origin, language or any other state

6
MANDATE
The HRC possesses a unique and comprehensive mandate outlined in GA resolution 60/251.
The General Assembly mandated the HRC to promote universal respect for human rights and fundamental
freedoms; to address and provide recommendations on all, particularly grave and systematic, violations of
human rights; and to promote an effective system of coordination within the UN system, including
mainstreaming mechanisms, concerning human rights issues. Further, the GA designated the HRC as a
forum for debate and dialogue on all human rights issues, including addressing violations and responding to
emergencies, promoting cooperation and education on human rights, reviewing Member States‘ track
records, and preventing abuses from occurring. The HRC is guided by the underlying principles of
―universality, impartiality, objectivity and non-selectivity, constructive international dialogue and
cooperation''.
The International Bill of Human Rights, which comprises the UDHR, the International Covenant on
Economic, Social and Cultural Rights (ICESCR) (1966), and the International Covenant on Civil and
Political Rights (ICCPR) (1966) with its two Optional Protocols are crucial in the HRC mandate. These
documents are the pillars that guide the committee in its recommendations by outlining the fundamental
obligations and commitments of Member States in international human rights law.

POWERS AND RESPONSIBILITIES


In 2007, the HRC adopted resolution 5/1, which established mechanisms and structures to guide its program
of work, rules of procedure, and other operational functions. The resolution set up the format for the Special
Procedures‘, the Universal Periodic Review‘ and the Complaint Procedure‘ which encompassed the main
powers of the HRC. Special procedures are mechanisms that enable independent parties to report, monitor,
and advise on country-specific or thematic situations for the HRC. Each investigation has a mandate.
They are empowered to undertake country or field visits, with the support of the Office of the High
Commissioner of Human Rights (OHCHR), and to bring specific cases and concerns to the attention of
Member States. Per the Universal Periodic Review (UPR) and through HRC, each Member State of the UN
submits a periodic review to assess the fulfillment of its human rights obligations. The cycle of the UPR
process takes around four years and comprises several steps which include a collection of information, a
review of the documents presented, a discussion of the documents by Member States of the HRC, and
finally, a demonstration of how effectively the Member States have acted upon recommendations received.

PAPERWORK-

Draft Resolution

A resolution is a document that seeks to solve the problems that a committee addresses. Technically, a
resolution is called a Draft Resolution until the latter is successfully passed during the voting procedure.
Draft Resolutions are more formal documents that have to be written in the correct UN resolution format.
In the early days of the UN, all draft resolutions were put to a vote, now every draft resolution is discussed
beforehand in informal consultations where some of the language is sacrificed in a spirit of compromise.
The key to the successful drafting of both oral proposals and/or Draft Resolutions is to consult widely to
know the concerns of others before you put pen to paper and then to factor these into your draft to recruit
sponsors and disarm opponents. When your Draft Resolution is written, you should again consult widely and
be ready to modify it in response to the concerns of other delegations. This process will often ensure the
draft’s acceptance when it is put to the committee for decision. At the very least, any points of serious
disagreement will have been identified and isolated.
When drafting a resolution, a delegate can take 1 of 2 approaches:

7
 negotiations before tabling –the sponsors consult with Member States and hold informal negotiations
on the draft before tabling the “best version possible”, which would only then be introduced
formally.
 Negotiations after tabling – the sponsor(s) draft a resolution without prior negotiations, introducing
the document, and only after will informal negotiations take place. Either consensus is reached, or if
it is not, then
i) the sponsor withdraws the original document, and a new one is introduced or
ii) amendments are submitted.

Format of the Draft Resolution

The resolution begins with the name of the committee that is adopting the resolution. This is followed by
several perambulatory clauses. Each one starts with a verb in the present participle (e.g., Recalling,
Considering, Noting), which is capitalized and ends with a comma. Sometimes the clause begins with more
than one keyword, such as, Noting with satisfaction, Noting with regret, etc. These words are always
italicized. After the preambular paragraphs come the operative paragraphs (or operative clauses), each of
which begins with a verb in the present tense, also capitalized, and finishes with a semi-colon, except for the
last, which has a period at the end of it. A Draft Resolution must include:
 The Committee’s Name (e.g. World Health Assembly)
 The Names Of The Sponsors;
 The Names Of The Signatories;
 The Topic;
 Perambulatory Clauses;
 Operative Clauses

8
RULES OF PROCEDURE-

9
THE AGENDA-

Male rape victims refer to individuals who identify as male and have experienced sexual violence, including
rape, sexual assault, or coercion. This issue is often stigmatized, leading to underreporting and a lack of
legal protections in many jurisdictions. The societal perception that men cannot be victims of sexual
violence contributes to the silence surrounding male victimization. Research indicates that men are less
likely to report sexual abuse than women due to societal stigma and fear of disbelief.

Instances where male rape victims have not received justice due to inadequate laws and societal attitudes,
along with relevant incidents, laws, and cases from various countries.

1. United States
Gender-Neutral Laws: While many states in the U.S. have gender-neutral language in their sexual assault
laws, the implementation often fails to protect male victims effectively. Many male survivors report feeling
marginalized within the criminal justice system.
A study in Massachusetts revealed that male victims often felt that the legal protections afforded to them
were inadequate compared to those available for female victims. Many reported dissatisfaction with police
responses and perceived bias against them, leading to reluctance in reporting incidents. Research indicates
that fewer than 32% of male victims report sexual violence to the police. This underreporting is primarily
due to fears of disbelief and concerns about being charged themselves when counterclaims arise.

2. India
Inadequate Legal Recognition: The Indian Penal Code (IPC) does not explicitly recognize male rape.
Section 375 defines rape strictly in terms of female victims, which leaves many instances of sexual
violence against men unpunished.
A notable case involved a 23-year-old man who was gang-raped in Uttar Pradesh. After the incident, he
tragically committed suicide, highlighting the severe emotional toll of being a male victim in a system that
does not recognize their plight. The absence of relevant laws protecting male victims emphasizes the urgent
need for legislative reform.
Current laws focus on female victims, leading to significant underreporting. Many men fear societal stigma
and doubt their credibility when they do come forward.

3. United Kingdom
Legal Framework and Issues- Perceived Bias: Although there are laws against sexual violence, male
victims often feel marginalized. Studies indicate that they frequently encounter disbelief and stigma when
reporting assaults.
Epidemiological studies suggest that fewer than 1 in 10 male-on-male rapes are reported, reflecting
deep-rooted societal taboos surrounding male victimization.
The lack of targeted support services for men further complicates their ability to seek help, reinforcing
feelings of isolation and discouraging them from coming forward.

4. Australia
Legal Framework and Issues: Australia’s legal framework includes provisions for male victims; however,
police responses can be inadequate or biased. A qualitative study found that when men called police during
incidents of female-perpetrated violence, they often faced hostility or bias. In some cases, police did not
respond or even arrested the male victim instead. Male survivors report that domestic violence agencies are
among the least helpful resources available to them, further complicating their pursuit of justice.

10
5. Sri Lanka
Widespread Abuse during Conflict: During the civil conflict in Sri Lanka, many Tamil men reported
being sexually abused while detained. More than 20% of Tamil men detained during the conflict
reported experiencing sexual violence but were reluctant to come forward due to fear of stigma and a lack
of legal protections for male victims.
The absence of recognition for male survivors in conflict zones highlights a broader issue where
international policies prioritize female victims while neglecting males.

The legal recognition of male rape victims varies significantly across countries. Some nations have made
strides in including male victims within their legal definitions of sexual violence, while others continue to
exclude them. For example-

1. United Kingdom
Case: Andrew Richards (1995)- Andrew Richards became the first man convicted of attempted rape against
another man under the Criminal Justice and Public Order Act 1994, which recognized male victims of
rape. His conviction was significant as it set a precedent for male victimization within the legal framework,
encouraging other male survivors to come forward. The case highlighted the importance of inclusive laws
that recognize all victims of sexual violence, regardless of gender. This law expanded the definition of rape
to include male victims, allowing them to seek justice in a previously unrecognized context.

2. Australia
Case: Female Teacher Convictions- In recent years, several cases involving female teachers who sexually
assaulted male students have resulted in significant convictions. For example, in cases like that of Cierra
Ross, who was convicted of aggravated criminal sexual abuse against a male student. Ross received a prison
sentence reflecting the severity of her crime, demonstrating that the legal system can effectively address
female-perpetrated sexual violence against males when laws are applied equally. Australian laws recognize
male victims of sexual violence, allowing for successful prosecutions in cases involving female perpetrators.

3. Peru
Comprehensive Reparations Plan- Amendments to the Comprehensive Reparations Plan in Peru
allowed for additional male victims of sexual violence to access reparations and support services.
Approximately 280 male victims were able to receive compensation due to these changes, highlighting how
legislative adjustments can provide tangible benefits for male survivors seeking justice.

4. Kenya
Collective Legal Action- Male victims in Kenya filed a petition with the Kenyan Constitutional and
Human Rights Court, seeking recognition and protection under the law. The court recognized their rights
as victims, leading to increased visibility and support for male survivors in a legal context that had
previously marginalized them.

5. Cambodia
Transitional Justice Mechanisms- The Extraordinary Chambers of the Court of Cambodia recognized
men as victims of forced marriage and sexual violence during the Khmer Rouge regime. This
acknowledgment set a precedent for including men as victims in transitional justice frameworks, ensuring
that their experiences were validated legally.

6. United States
Case: James Landrith (2006)- James Landrith was made to penetrate a female acquaintance while
incapacitated from drinking. His case gained national attention when he sought justice against his assailant.
Landrith's case highlighted the legal complexities surrounding male victimization but also showcased
successful advocacy efforts leading to greater awareness and eventual conviction of his assailant under
existing sexual assault laws.

11
7. Gender-Neutral Laws in Various States: Many states have enacted laws that recognize male
victims in sexual assault cases, allowing them to pursue justice effectively.

Challenges Faced by Male Rape Victims:

Despite these advancements, many male rape victims still encounter significant barriers:

 Stigma and Disbelief: Societal attitudes often lead to disbelief regarding male victimization. Many
men fear being labeled as homosexual or weak if they disclose their experiences, which can deter
them from reporting assaults.
 Inadequate Support Services: Many support services are primarily focused on female victims,
leaving male survivors with limited resources tailored to their needs.
 Legal Gaps: In some countries, such as India, laws do not recognize male rape explicitly. The Indian
Penal Code defines rape solely in terms of female victims, leaving men without legal protections

International Bodies-

The issue of male rape victims and their treatment in international law and policy has garnered increasing
attention from various international bodies.

1. United Nations (UN) - Security Council Resolution 2467- April 23, 2019.
This resolution is notable for recognizing that men and boys can be victims of sexual violence in both
conflict and post-conflict situations. It calls upon UN member states to develop policies that provide
adequate responses to male survivors and challenge cultural assumptions about male invulnerability.
The UN Secretary-General’s annual report on conflict-related sexual violence has begun to include
standalone paragraphs recognizing the sexual violence experienced by men and boys, marking a significant
step in acknowledging their plight.

2. International Criminal Court (ICC) and Tribunals- International tribunals like the ICTY
(International Criminal Tribunal for the former Yugoslavia) have made some progress in recognizing
sexual violence against men. For example, in the case of Prosecutor v. Anto Furundžija, forced
oral sex was classified as rape. However, many other tribunals have failed to consistently recognize
sexual violence against men, often categorizing such acts as torture or cruel treatment instead of
acknowledging their sexual nature.
3. World Health Organization (WHO) - The WHO has identified sexual violence against men and
boys as a significant public health issue that remains largely ignored by health care providers and
government agencies. They emphasized the need for comprehensive data collection on male victims
to inform policies and healthcare responses.

4. Human Rights Watch (HRW) - HRW has documented cases of sexual violence against men in
conflict zones, emphasizing that such acts are often overlooked in discussions about sexual violence.
Their reports highlight the need for legal frameworks that recognize male victims explicitly and
provide them with access to justice and support services.

5. International Center for Transitional Justice (ICTJ)- The ICTJ notes that while there have been
some encouraging signs in recognizing male victims in transitional justice processes (e.g., in Peru,
Kenya), many contexts still fail to adequately address or characterize sexual violence against men.
They advocated for legal reforms that ensure accountability for sexual violence against all genders
and emphasize the importance of inclusive reparations.

12
6. Chatham House- A report from Chatham House argues that ignoring male victims of sexual
violence in conflict settings is short-sighted. It highlights how current frameworks prioritize women
and girls while neglecting the experiences of male survivors. The report calls for separate discussions
on conflict-related sexual violence that include male victims, challenging the notion that this issue is
solely a women's concern.

BASICS OF DRAFT RESOLUTION-

Who: Who writes a resolution?


Any delegate in the committee can write a resolution (although in rare instances an observer state is not
allowed to directly write a resolution). The author of a resolution is called a sponsor. Most resolutions have
multiple sponsors because it takes a group of countries to share good ideas and to come to a consensus.
Some conferences allow delegates to sponsor multiple resolutions for each topic while others only allow
delegates to sponsor one per topic.

What: What is a resolution?


A resolution is a document that contains all the issues that the committee wants to solve and the proposed
solutions to that issue. It’s called a resolution because that’s what the United Nations calls the documents
they produce (here are some real UN General Assembly resolutions). Technically, the resolution should be
called a draft resolution before it is voted upon and then called a resolution after it is successfully passed
during the voting bloc.

When/Where: When and where are resolutions written?


Most conferences require students to write resolutions during the conference. Specifically, resolutions are
usually written during unmoderated caucus (sometimes called informal caucus) where delegates are free to
roam around the committee to collaborate on ideas with each other, and sometimes students work outside in
hallways or computer labs as well.
Resolution-writing becomes more focused during the latter sessions of committee when different country
policies are clear and different ideas have been mentioned already. These conferences will not allow any
pre-written resolutions. A few conferences have “docket-style” debates. This is when students are required
to submit resolutions to the conference in
advance and the chairs pick the best ones and put them into a docket. The delegates focus only on the
resolutions in the docket when they get to the conference and work on amending them.

Why:
The ultimate purpose of a committee session is to pass a resolution. All the speeches, debate, negotiation,
and teamwork is supposed to lead up to a resolution which contains all the proposed solutions to the issue.
The resolution(s) that the majority of the committee agrees upon will be passed during the voting bloc and
the sponsors will be informally commended for building consensus on good ideas. Most conferences allow
multiple resolutions to pass as long as they do not contradict each other, but a few conferences allow only
one resolution to pass.

 Note- The format of the resolution will be discussed in the committee


session itself.
13
REFERENCES

United Nations Security Council Resolution 2467


[Link]

Indian Penal Code


[Link]
Indian_Penal_Code_1860.pdf

Massachusetts Study on Male Victims


[Link]

Epidemiological Studies in the UK


[Link]

Qualitative Study on Police Response in Australia


[Link]

Reports on Tamil Men in Sri Lanka


[Link]
girls-sri-lankas-conflict

Andrew Richards Case (1995)


[Link]

Cierra Ross Case


[Link]
sentenced-sexual-abuse-student

Comprehensive Reparations Plan in Peru


[Link]
[Link]

Kenyan Constitutional and Human Rights Court Petition


[Link]

Extraordinary Chambers of the Court of Cambodia


14
[Link]
party-reparations

James Landrith Case (2006)


[Link]
assault/

World Health Organization Reports


[Link]
sv_men_boys/en/

Human Rights Watch Documentation


[Link]

International Center for Transitional Justice Reports


[Link]

Chatham House Report.


[Link]

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