SHCSMUN 2025

United Nations Human Rights Council (UNHRC)

Agenda:

Elimination of Racial Discrimination with Special Emphasis on the Treatment of

Migrants and Asylum Seekers, and the Protection of Minorities and Human Rights
Defenders

Index

1. Letter from the Executive Board

2. Introduction to the United Nations Human Rights Council (UNHRC)
3. Mandate and Structure of the UNHRC
4. Introduction to the Agenda
5. Past International and UN Actions
6. Legal Frameworks
7. Key Stakeholders
8. Areas of Concern
9. Challenges in Enforcement & Accountability
10. Questions to Ponder
11. Suggested Moderated Caucus Topics
12. Research Links

1. Letter from the Executive Board

Dear Delegates,
It is an honour to welcome you to the United Nations Human Rights Council at SHCSMUN
2025. As members of the Executive Board, we are privileged to guide you through
deliberations on a profoundly important and globally resonant issue:
“Elimination of Racial Discrimination with Special Emphasis on the Treatment of Migrants
and Asylum Seekers, and the Protection of Minorities and Human Rights Defenders.”

In a world marked by growing displacement, xenophobia, and the shrinking of civic space,
this agenda invites us to reflect on the universal principles of equality, justice, and human
dignity. It is not just a legal or political issue—it is a deeply human one. You, as delegates,
are not merely here to simulate diplomacy. You are here to engage with real-world struggles,
embody the spirit of ethical leadership, and understand the complexities of global
governance.

This background guide provides a foundational overview—but it is only the beginning. Your
individual research, perspectives, and policy proposals will breathe life into this committee.
We expect you to explore international frameworks, scrutinize national practices, and remain
grounded in empathy and critical analysis. Whether you are representing a powerful nation or
a small state, your voice matters—and your choices in committee will reflect the kind of
global citizen you are becoming.

Approach this council with the seriousness it deserves. Read deeply, think boldly, speak
responsibly, and above all, listen with care. This is your opportunity to lead with intellect and
conscience.

Warm regards,
Executive Board
United Nations Human Rights Council
SHCSMUN 2025

2. Introduction to the United Nations Human Rights

Council (UNHRC)
The United Nations Human Rights Council (UNHRC) is the principal intergovernmental
body within the UN system tasked with the promotion and protection of human rights across
the globe. Established in 2006 to replace the UN Commission on Human Rights, it operates
under the General Assembly and is headquartered in Geneva, Switzerland.

Composed of 47 member states elected by the UN General Assembly, the Council reflects
equitable geographical representation. It serves as a platform for dialogue, investigation, and
cooperation on a broad range of human rights concerns—from specific violations to thematic
issues like racial justice, gender equality, and digital rights.

Its tools include Special Procedures (rapporteurs, working groups), the Universal Periodic
Review (UPR), and Commissions of Inquiry. These mechanisms help the Council investigate
abuses, monitor progress, and guide nations toward their human rights obligations.

3. Mandate and Structure of the UNHRC

The UNHRC’s core mandate includes addressing violations of civil, political, economic,
social, and cultural rights; promoting universal respect for human rights; and developing
international human rights law. The Council meets three times a year in regular sessions, with
the ability to convene special sessions in times of urgent crisis.

Its decision-making is based on dialogue and consensus, though voting occurs when
necessary. The Universal Periodic Review (UPR) enables peer-to-peer assessment of every
UN member state’s human rights performance. Special Rapporteurs and thematic experts
conduct in-depth country or issue-specific investigations and offer guidance.

Civil society plays an integral role in shaping the Council’s work through oral statements,
shadow reports, and partnerships, creating a space that bridges diplomacy and activism.
4. Introduction to the Agenda
Racial discrimination and unequal treatment based on ethnicity, migration status, or identity
remain deeply embedded challenges in today’s world. Despite decades of international
human rights progress, systemic exclusion continues to affect millions—especially those who
cross borders in search of safety, dignity, and opportunity.

Migrants and asylum seekers, often fleeing conflict, persecution, climate collapse, or poverty,
frequently encounter rejection and hostility. Reports from various regions reveal patterns of
discrimination:

 In the Mediterranean, thousands of asylum seekers are turned away, detained

indefinitely, or stranded in makeshift camps.
 In Libya and Tunisia, migrants from Sub-Saharan Africa face trafficking, forced
labour, and extrajudicial violence.
 In Europe, legal entry is often easier for certain racial and national groups, creating
invisible hierarchies.
 In the United States, historic patterns of racial profiling have been reflected in
immigration enforcement, family separation, and detention conditions.
 South Asian and Southeast Asian host countries, too, have seen complex challenges—
where minority and refugee populations face legal ambiguity, statelessness, or local
hostility.

Simultaneously, within state borders, racial and ethnic minorities face exclusion in education,
political participation, healthcare access, and policing. From structural racism in developed
democracies to caste-based marginalization and sectarian divides in developing regions,
discrimination often intersects with poverty, gender, religion, and statelessness.

Alongside these vulnerable groups are human rights defenders—lawyers, journalists, social
workers, and community leaders—who strive to uphold justice and equality. Many work in
high-risk environments, facing surveillance, arbitrary detention, or violence. In numerous
regions, civic spaces are shrinking, dissent is criminalized, and digital spaces are increasingly
policed.

Understanding Responsibilities: Patterns and Contributors

 Policy gaps, restrictive immigration regimes, racial profiling, and political rhetoric
contribute to exclusion.
 Border externalization, detention centers, and algorithmic bias reinforce
discrimination.
 Civic space shrinkage and anti-terror laws restrict defenders’ freedom and safety.
The agenda asks delegates not to assign blame, but to understand systemic failures
and recommend sustainable, multilateral solutions.
International and United Nations Action

 CERD, the Global Compact for Migration, and the Refugee Convention form the
legal bedrock.
 Agencies like OHCHR, UNHCR, and IOM provide operational support and
monitoring.
 States and regional bodies have made progress, but much work remains.

5. Past International and UN Actions

The global community, led by the United Nations, has invested significant effort over
decades to combat racial discrimination, support migrant and refugee rights, and safeguard
human rights defenders. While normative progress has been made, implementation remains
inconsistent and subject to political realities.

1. Anti-Racism and Non-Discrimination Efforts

The International Convention on the Elimination of All Forms of Racial Discrimination

(CERD) was adopted in 1965 and is one of the most widely ratified UN treaties. Its
supervisory body—the Committee on the Elimination of Racial Discrimination (CERD
Committee)—monitors state compliance and issues concluding observations and early
warnings.

Additionally, the Durban Declaration and Programme of Action (2001), adopted at the
World Conference Against Racism, serves as a global blueprint for addressing systemic
racism, xenophobia, and related intolerance.

2. Migrant and Refugee Protection Initiatives

The 1951 Refugee Convention and its 1967 Protocol form the backbone of international
refugee protection. The United Nations High Commissioner for Refugees (UNHCR)
works with states to support refugee rights and ensure non-refoulement.

The Global Compact for Safe, Orderly and Regular Migration (2018), although non-
binding, promotes international cooperation on migration governance. Its 23 objectives
address issues from border management and integration to ending migrant discrimination.

UN agencies such as IOM, OHCHR, and UNICEF work on the ground to provide
humanitarian support, monitor violations, and promote inclusive policy development.

3. Protection of Human Rights Defenders

The UN Declaration on Human Rights Defenders (1998) affirms the right of all people to
promote and protect human rights without fear of reprisal. It encourages states to adopt
national laws and institutions that uphold defenders’ freedom of expression, association, and
peaceful assembly.
The UN Special Procedures system includes mandates for racism, migration, and defenders,
which issue urgent appeals, conduct country visits, and report to the Human Rights Council
and General Assembly.

Despite this, many states remain resistant to monitoring, and defenders often face
criminalization, defamation, and violence—especially when working in politically sensitive
or conflict-prone areas.

6. Legal Frameworks: CERD, UDHR, Refugee

Conventions, and Beyond
The international legal landscape offers a comprehensive yet evolving framework to address
racial discrimination, protect migrants and asylum seekers, and safeguard human rights
defenders. While many of these instruments are legally binding, enforcement remains
inconsistent and often depends on political will, judicial capacity, and public awareness.

1. International Convention on the Elimination of All Forms of Racial

Discrimination (CERD, 1965)

CERD obligates states to prohibit discrimination and eliminate racial hatred in law and
practice. It mandates legal, educational, and institutional efforts to promote racial equality
and sets up a treaty body to monitor implementation.

2. Universal Declaration of Human Rights (UDHR, 1948)

While not legally binding, the UDHR articulates core human rights principles including
equality, non-discrimination, and asylum rights. It underpins most international legal
instruments and is widely accepted as customary international law.

3. International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (1990)

This treaty outlines the rights of migrant workers, including equality in treatment and
protection from arbitrary arrest, discrimination, or exploitation—regardless of migration
status.

4. 1951 Refugee Convention and 1967 Protocol

These instruments define refugee status and protect against refoulement. They guarantee
access to courts, education, and employment and prohibit penalizing refugees for illegal
entry.

5. UN Declaration on Human Rights Defenders (1998)

The Declaration calls upon states to protect individuals and groups that promote or protect
human rights. It serves as a foundational document for global and national-level protection
mechanisms.

6. International Covenants (ICCPR & ICESCR)

These two key human rights treaties enshrine political, civil, social, and economic rights.
They apply to all individuals, including migrants and minorities, and mandate equality before
the law and protection from arbitrary treatment.

7. Regional Instruments

Regional human rights systems reinforce global protections:

 ECHR (Europe)
 ACHR (Americas)
 ACHPR (Africa)
 AHRD (ASEAN region)

Though legal tools are in place, actual implementation varies widely across countries and
regions—often depending on governance quality, civil society space, and resource capacity.

7. Key Stakeholders: States, Institutions, and Civil Society

1. Member States (Countries of Origin, Transit, and Destination)

States are the primary duty-bearers under international law. Their legislation, enforcement
practices, and foreign policy decisions directly impact how migrants are treated, whether
minorities enjoy equal rights, and whether human rights defenders are protected or
persecuted.

 Countries of origin must address root causes such as conflict and repression.
 Transit countries often struggle with capacity and political pressure to contain
migration.
 Destination countries influence global standards through their asylum and integration
policies.

2. The United Nations System

Key UN bodies include:

 OHCHR: Monitors human rights violations and supports state implementation.

 UNHCR: Protects and assists refugees and stateless persons.
 IOM: Manages migration assistance, including voluntary returns and community
stabilization.
 UNDP and UN Women: Address structural inequalities that affect minorities and
migrants.
3. Regional Organizations

 EU: Develops asylum and migration policy across member states.

 African Union (AU): Focuses on internally displaced persons and minority
protections.
 OAS: Promotes regional dialogue and accountability through the Inter-American
Commission.
 ASEAN: Facilitates humanitarian cooperation but lacks a robust rights enforcement
mechanism.

4. Civil Society Organizations (CSOs) and NGOs

 International NGOs: HRW, Amnesty, Refugees International provide reports,

advocacy, and services.
 Local NGOs: Play an indispensable role in community outreach, legal aid, and crisis
response.
Many face funding cuts, shrinking civic space, and legal barriers to operation.

5. Human Rights Defenders and Whistleblowers

These individuals often take personal risks to uphold justice. They may be lawyers,
journalists, students, or grassroots organizers who operate under immense pressure,
especially in authoritarian contexts or fragile democracies.

6. The Private Sector and Media

Media can either reinforce or challenge racist narratives. Social media platforms play a
pivotal role in shaping public perception. Employers, especially in sectors like construction,
agriculture, and domestic work, must also be held accountable for labour rights and
workplace discrimination.

8. Areas of Concern
1. Structural and Institutional Discrimination

Racial and ethnic minorities often face barriers in education, healthcare, employment, and
political representation. Discrimination may be enshrined in law or perpetuated through
informal societal systems.

2. Inhumane Treatment of Migrants and Asylum Seekers

Challenges include:

 Arbitrary detention
 Inadequate reception conditions
 Family separation
 Deportations without due process
Pushbacks at sea or borders remain a critical human rights violation.

3. Statelessness and Legal Invisibility

Stateless persons are often denied identity documentation, access to basic services, or
recognition under the law. The absence of legal identity exposes them to exploitation and
exclusion.

4. Online Hate Speech and Algorithmic Bias

Technology platforms have enabled the spread of xenophobic and racist content, while
algorithms may unintentionally reinforce discriminatory patterns in border control, policing,
or hiring.

5. Shrinking Civic Space and Attacks on Defenders

Anti-NGO laws, surveillance, criminal defamation, and intimidation campaigns severely

restrict the work of defenders. Some countries label activists as foreign agents or enemies of
the state.

6. Climate-Induced Displacement

Millions face forced migration due to sea-level rise, droughts, or extreme weather. However,
international law does not yet recognize "climate refugees," creating a legal vacuum.

7. Racial Disparities in Access to Justice

Minorities are disproportionately impacted by over-policing, longer sentences, and lower

access to legal representation. This undermines the principle of equal protection under the
law.

9. Challenges in Enforcement and Accountability

Despite a robust legal and institutional framework, real-world enforcement of protections for
racial minorities, migrants, and human rights defenders remains inconsistent and politically
fraught. Several deeply rooted challenges hinder effective global action:

1. Lack of Binding Enforcement

Many UN treaties are legally binding, but their implementation often depends on domestic
legislation. The absence of compulsory enforcement or punitive mechanisms means that
states can ignore recommendations without facing consequences.

2. Sovereignty vs. Human Rights Oversight

National sovereignty is frequently invoked to resist international scrutiny. Governments may

refuse access to UN rapporteurs, block investigations, or discredit reports on violations as
politically biased.
3. Geopolitical Polarization

Power dynamics in international forums often limit consensus. Some states use veto power or
bloc politics to shield allies or themselves from accountability, especially in the Security
Council and Human Rights Council.

4. Inadequate National Implementation

Even when countries ratify treaties, they may lack the administrative, judicial, or financial
capacity to implement them fully. Weak rule of law, bureaucratic red tape, or corruption may
obstruct justice and protection mechanisms.

5. Misinformation and Public Resistance

Rising populism and nationalism have created political environments hostile to migrants and
minorities. Governments may avoid implementing rights-based policies due to fear of
electoral backlash or social unrest.

6. Digital and Transnational Complexity

Human rights violations now extend into digital and cross-border spaces. Online hate speech,
algorithmic bias, surveillance of defenders, and transnational migration flows pose challenges
traditional legal systems were not designed to handle.

7. Data Gaps and Underreporting

Many countries do not collect or publish disaggregated data by race, ethnicity, or migration
status. This hinders problem identification, policy design, and international comparison.

8. Shrinking Funding and Political Will

UN agencies and civil society organizations often face funding shortages, while political
support for human rights may waver under competing national interests, security concerns, or
crises.

10. Questions to Ponder

 How can international frameworks be enforced without violating sovereignty?
 What safeguards exist for human rights defenders in your country?
 How can asylum systems be made fairer and more humane?
 What role can regional bodies play in migrant protection?
 How should we legally define and respond to climate-induced displacement?

11. Suggested Moderated Caucus Topics

Racial Discrimination and Legal Frameworks
  Evaluating State Compliance with CERD
 Role of National Human Rights Institutions

Migrant and Asylum Seeker Protection

 Non-Refoulement and Detention Alternatives

 Addressing Statelessness

Human Rights Defenders

 Legal Protections and Support Mechanisms

 National Security vs. Freedom of Expression

International Cooperation

 Strengthening UNHRC Mechanisms

 Regional Alliances for Migrant Rights

Media and Technology

 Online Hate and Counter-Speech

 Algorithmic Bias in Border Control

12. Research Links

United Nations & Legal Sources

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Human Rights Reports

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Academic & Legal Resources

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