sochum - IMUNA

Transcription

sochum - IMUNA

SOCHUM
Social, Humanitarian and Cultural Committee
Background Guide
NHSMUN
National High School Model United Nations
New York City | March 04-07, 2015
IMUNA
International Model United Nations Association
N ATIONAL H IGH S CHOOL M ODEL U NITED N ATIONS
The 41st Annual Conference • March 4 – March 7, 2015
November 2014
Shirley Wu
Dear Delegates,
Secretary-General
Princeton University
Lily O’Connell
Director-General
University of Pennsylvania
Brody Duncan
Conference Director
McGill University
Alec Guertin
Director of Security
University of California,
Berkeley
Jason Toney
Chief of External Relations
Bard College
Laura Beltran-Rubio
Welcome to NHSMUN 2015! My name is Helen Robertson, and I am the Under-Secretary
General for the General Assembly Main Committees. I write this letter with much enthusiasm
for the upcoming conference. But first, a little bit about myself--I am a third-year at the
University of Virginia studying at the Batten School of Leadership and Public Policy. This is
my third year on staff, and last year I was Director of the Social, Cultural, and Humanitarian
Committee. In high school, I attended NSHMUN and was a delegate on the SOCHUM
Committee for three consecutive years.
As Under-Secretary General, I have had the pleasure of working closely with the five Mains
Directors and Assistant Directors. After months of preparation for this conference, I am
extremely confident in their preparedness and knowledge on these topics. The issues for these
committees are extremely diverse, ranging from International Terrorism and Law to the
Establishment of a Nuclear-Weapon-Free Zone in the Middle East. I hope that the creativity
and thoroughness of these topics will stimulate your research and encourage innovative debate
during your committees.
Chief of Staff
Parsons The New School for
Design
Jinny Jung
Under-Secretary General of
Administrative Affairs
University of Michigan
Helen Robertson
Under-Secretary General
University of Virginia
Joe Sherlock
Bowdoin College
Erin Corcoran
Harvard University
Costanza Cicero
University of Bologna
Alyssa Greenhouse
Duke University
Paula Kates
Tufts University
NHSMUN is a project of the International Model
United Nations Association, Incorporated
(IMUNA). IMUNA, a not-for-profit, all
volunteer organization, is dedicated to furthering
global issues education at the secondary school level.
Please read through these two topics scrupulously, as your Dais has dedicated a tremendous
amount of time and research in compiling the following pages. Furthermore, I implore you all
to continue your research beyond this guide in order to craft successful and innovative
solutions. Remember that the key to success is acknowledging how these solutions will be
executed, rather than just stating the solutions themselves. Beyond this background guide,
there are a number of resources available on the NHSMUN website that I encourage you to
explore, such as the virtual Delegate Resource Center and your committee’s twitter page.
Finally, do not hesitate to contact your Director or myself with any questions via email.
See you in March!
Best,
Helen Robertson
Under-Secretary General, General Assembly Main Committees
mains.nhsmun@imuna.org
N ATIONAL H IGH S CHOOL M ODEL U NITED N ATIONS
The 41st Annual Conference • March 4 – March 7, 2015
November 2014
Shirley Wu
Secretary-General
Princeton University
Lily O’Connell
Director-General
University of Pennsylvania
Brody Duncan
Conference Director
McGill University
Alec Guertin
Director of Security
University of California,
Berkeley
Jason Toney
Chief of External Relations
Bard College
Laura Beltran-Rubio
Chief of Staff
Parsons The New School for
Design
Jinny Jung
Under-Secretary General of
Administrative Affairs
University of Michigan
Helen Robertson
University of Virginia
Joe Sherlock
Bowdoin College
Erin Corcoran
Dear Delegates,
Welcome to NHSMUN 2015! My name is Catherine Wang and I am your Director for the
Social, Cultural, and Humanitarian Committee (SOCHUM). I am currently a sophomore at the
University of California, Berkeley where I am a Pre-Med student hoping to major in Microbial
Biology. I am originally from Vancouver, Canada, and my hobbies include snowboarding,
figure skating, and food. This is my second year on staff, and last year I was the Assistant
Director of this very committee. MUN has helped me improve my public speaking and
leadership skills, and it is an integral part of who I am today, which is why I love taking part in
NHSMUN every year.
The two topics we will be discussing are The Human Rights of Prisoners and Socio-cultural
Influences on Women’s Health in the Developing World. I chose the first topic because
prisoners’ human rights are often overlooked due to the status of prisoners in the global
community. The second topic addresses questions relating to why women’s health is less
advanced and less accessible in the developing world compared to the developed world. Both
topics have aspects that have been addressed by the international community, so delegates
should focus on updating and adding to these documents and guidelines. These two issues
may seem very broad, but I have no doubt that all of you will address both topics thoroughly
and develop comprehensive solutions.
The following pages will provide you with a detailed understanding of both topics. However,
you must keep in mind that additional research is required if you wish to fully prepare for the
discussions that will occur during committee sessions. Make sure to research not only the
topics, but also your country’s position. Please feel free to email me with any questions or
concerns. There will also be resources and links posted on our committee’s Twitter page,
@NHSMUN_SOCHUM, that can help you keep up to date on both of the topics. I look
forward to reviewing your Position Papers and working with all of you in March! Until then,
good luck!
Sincerely,
Harvard University
Costanza Cicero
University of Bologna
Alyssa Greenhouse
Duke University
Paula Kates
Tufts University
NHSMUN is a project of the International Model
United Nations Association, Incorporated
(IMUNA). IMUNA, a not-for-profit, all
volunteer organization, is dedicated to furthering
global issues education at the secondary school level.
Catherine Wang
Director, Social, Cultural, and Humanitarian Committee
@NHSMUN_SOCHUM
sochum.nhsmun@imuna.org
National High School Model United Nations 2015
SOCHUM
TABLE OF CONTENTS
A Note on the NHSMUN Difference .................................................................................................... 1!
A Note on Research and Preparation ..................................................................................................... 3!
Committee History ................................................................................................................................. 4!
Simulation ............................................................................................................................................... 6!
Topic A: The Human Rights of Prisoners ............................................................................................. 8!
Introduction .................................................................................................................................................................... 8!
History and Description of the Issue .......................................................................................................................... 8!
Standard Minimum Rules for the Treatment of Prisoners.................................................................................. 8!
Foreign Prisoners ..................................................................................................................................................... 10!
Solitary Confinement and Torture ........................................................................................................................ 12!
Accountability and Lack of Enforcement............................................................................................................ 16!
Changes in the Use of Imprisonment .................................................................................................................. 18!
Mental Health ........................................................................................................................................................... 20!
Current Status ............................................................................................................................................................... 21!
Recent Actions by SOCHUM ............................................................................................................................... 21!
Expert Group on the Standard Minimum Rules for the Treatment of Prisoners......................................... 22!
The Force Feeding of Prisoners in Israel ............................................................................................................. 22!
Neglected Needs: Girls in the Criminal Justice System ..................................................................................... 23!
Bloc Analysis ................................................................................................................................................................. 24!
Sub-Saharan Africa .................................................................................................................................................. 25!
North and South America ...................................................................................................................................... 26!
Eastern Europe and Central Asia .......................................................................................................................... 27!
Western Europe ....................................................................................................................................................... 28!
Asia-Pacific Region .................................................................................................................................................. 28!
Middle East and North Africa ............................................................................................................................... 29!
Committee Mission ...................................................................................................................................................... 30!
Topic B: Social-Cultural Influences on Women’s Health in the Developing World ........................... 32!
Introduction .................................................................................................................................................................. 32!
History and Description of the Issue ........................................................................................................................ 33!
Past Practices in Asia ............................................................................................................................................... 33!
SOCHUM
Obesity in Women from Arabic Speaking Countries ........................................................................................ 34!
The Treatment of Widows ..................................................................................................................................... 37!
OHCHR Fact Sheet No. 23: Harmful Traditional Practices ............................................................................ 39!
UN, Government, and NGO Efforts .................................................................................................................. 41!
Current Status ............................................................................................................................................................... 43!
Genital Mutilation .................................................................................................................................................... 43!
Case Study: Child Marriages in Malawi ................................................................................................................ 45!
Bloc Analysis ................................................................................................................................................................. 47!
Developing Countries with High Prevalence of Harmful Traditional Practices ........................................... 47!
Countries That Have Taken Active Stances Against Harmful Traditional Practices.................................... 49!
Countries Lacking Sufficient Infrastructure ........................................................................................................ 50!
Committee Mission ...................................................................................................................................................... 50!
Research and Preparation Questions ................................................................................................... 52!
Topic A .......................................................................................................................................................................... 52!
Topic B .......................................................................................................................................................................... 52!
Important Documents .......................................................................................................................... 53!
Topic A .......................................................................................................................................................................... 53!
Topic B .......................................................................................................................................................................... 53!
Bibliography ......................................................................................................................................... 54!
Committee History and Simulation ........................................................................................................................... 54!
Topic A .......................................................................................................................................................................... 55!
Topic B .......................................................................................................................................................................... 61!
!
SOCHUM
A NOTE ON THE NHSMUN DIFFERENCE
Esteemed Faculty and Delegates,
Hello and welcome to NHSMUN 2015! My name is Lily O’Connell, and I am this year’s DirectorGeneral. I hope you are as excited as I am to experience the conference. Our staff has been working
all year to ensure that you have an engaging, educational, and rewarding experience in committee.
NHSMUN strives to assure that the quality of our debate and in-committee interaction is
unmatched. NHSMUN focuses on the educational value of Model UN. We believe that the
experiences in our committee rooms extend skills originally developed in the classroom, and prepare
students to become future leaders. NHSMUN thrives on well-researched, realistic, and diplomatic
debate. We are thrilled with the substantive program for NHSMUN 2015 and look forward to
vibrant discussion and cooperation.
NHSMUN Practices
In order to fulfill our mission, our conference has adopted practices that are key to the continued
tradition of excellence in our committees and the NHSMUN difference.
NHSMUN prohibits the usage of personal electronics during committee in order to ensure that
delegates do not gain an unfair advantage in debate. We feel strongly that the interpersonal
connections made during debate are enhanced by face-to-face communication. Enforcing a strict no
laptops policy also helps us to ensure that all our delegates have an equal opportunity to succeed in
committee.
The Dais is permitted a laptop for the purposes of communicating with respective Under-SecretaryGenerals and other Senior Staff Members as well as attending to administrative needs. The Dais will
only be limited to using their laptops for NHSMUN purposes, and the majority of their focus will be
on the needs of the committee. In addition, we staff a dedicated team in our office to assist in typing
and formatting draft resolutions and working papers so that committee time can be focused on
discussion and compromise.
An additional difference that delegates may notice about NHSMUN is the committee pacing. While
each BG contains two topic selections, NHSMUN committees will strive to have a fruitful
discussion on and produce resolutions on a single topic; prioritizing the quality of discussion over
quantity of topics addressed. In order to respect the gravity of the issues being discussed at our
conference as well as the intellect of our delegates, NHSMUN committees will focus on addressing
one topic in-depth. BGs contain two topics in order to allow delegates to decide what problem
ought to be prioritized, a valuable discussion in and of itself, and to safeguard against the possibility
that an issue will be independently resolved before conference.
NHSMUN uses a set of the Rules of Procedure that is standardized across all IMUNA-brand
conferences. These rules provide a standardized system of operation that is easily translated across
committee or conference lines. While the general structure and flow of committee will be familiar to
any delegate who has previously participated in Model UN, there may be slight procedural
differences from other conferences. All delegates are encouraged to review the Rules of Procedure
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before attending the conference in the Delegate Preparation Guide and are welcome to direct
questions to any member of NHSMUN Staff.
While NHSMUN does distribute awards, we feel that it is crucial to de-emphasize their importance
in comparison to the educational value of Model UN as an activity. NHSMUN seeks to reward
delegations that excel in the arts of compromise and diplomacy. We always prioritize a dedication to
teamwork over solitary achievement. Directors will judge delegates on their ability and willingness to
cooperate with their peers while always maintaining an accurate representation of country policy.
At the core of the NHSMUN philosophy is an emphasis on education and compromise. As such,
we do not distribute awards to individual delegates, with the exception of committees where
students represent their own separate delegation (ICJ and UNSC, for example). Instead, awards will
be distributed to delegations that exhibit excellence across all committees. The awards system is
standardized so as to give equal weight to delegations of all sizes. Awards will also be offered for
schools that demonstrate excellence in research and preparation based on the position papers
submitted by their delegates. Detailed information on the determination of awards at NHSMUN will
be available in the Faculty Preparation Guide and online in November.
As always, I welcome any questions or concerns about the substantive program at NHSMUN 2015
and would be happy to discuss NHSMUN pedagogy with faculty or delegates. It is my sincerest
hope that your experience at NHSMUN 2015 will be challenging and thought provoking.
Best,
Lily O’Connell
Director-General, NHSMUN 2015
dg.nhsmun@imuna.org
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SOCHUM
A NOTE ON RESEARCH AND PREPARATION
Delegate preparation is paramount to a successful and exciting National High School Model United
Nations 2015 Conference. We have provided this Background Guide to introduce the topics that
will be discussed in your committee. These papers are designed to give you a description of the
topics and the committee. This Guide is not intended to represent exhaustive research on every
facet of the topics. We encourage and expect each delegate to fully explore the topics and be able to
identify and analyze the intricacies of the issues. Delegates must be prepared to intelligently utilize
their knowledge and apply it to their own country’s policy. You will find that your state has a unique
position on the topics that cannot be substituted by the opinions of another state.
The task of preparing and researching for the conference is challenging, but it can be interesting and
rewarding. We have provided each school with a copy of the Delegation Preparation Guide. The
Guide contains detailed instructions on how to write a position paper and how to effectively
participate in committee sessions. The Guide also gives a synopsis of the types of research materials
and resources available to you and where they can be found.
An essential part of representing a state in an international body is the ability to articulate that state’s
views in writing. Accordingly, it is the policy of NHSMUN to require each delegate (or doubledelegation team) to write position papers. The position papers should clearly outline the country’s
policies on the topic areas to be discussed and what factors contribute to these policies. In addition,
each paper must address the Research and Preparation questions at the end of the committee
Background Guide. Most importantly, the paper must be written from the point of view of the
country you are representing at NHSMUN 2015 and should articulate the policies you will
espouse at the conference. All papers should be typed and double-spaced. The papers will be read by
the director of each committee and returned at the start of the conference with brief comments and
constructive advice.
Each delegation is responsible for sending a copy of their papers to the Director-General via email
on or before January 22, 2015. Please email the entire delegation’s papers at one time to
papers.nhsmun@imuna.org. Complete instructions for online submissions may be found in the
Delegate Preparation Guide and the Faculty Preparation Guide. If delegations are unable to submit
an online version of their position papers, they should contact the Director-General
(dg.nhsmun@imuna.org) as soon as possible to find an alternative form of submission.
Delegations that do not submit position papers to directors or summary statements to the
Director-General will be ineligible for awards.
!
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SOCHUM
COMMITTEE HISTORY
The Third Committee of the United Nations General Assembly, or the Social, Humanitarian, and
Cultural Committee (SOCHUM), focuses on issues dealing with fundamental human rights in the
international community. SOCHUM was founded in 1948 in reaction to the establishment of the
Universal Declaration on Human Rights.1 The Third Committee promotes and enforces basic
freedoms and ideals meant to be enjoyed by the entire international community such as the right to
life, expression of cultures, freedom of political participation, protection of children’s rights, and
promotion of social development, among many others.2 The Third Committee derives its legitimacy
from the original United Nations Charter. SOCHUM operates with the goal of designing peaceful
settlements for issues within the large spectrum of social, humanitarian, and cultural complications
in the international community. This body does so by initiating studies that encourage the proposal
of recommendations for the promotion of international cooperation and fundamental freedoms for
all.3 The past session held by the Third Committee dealt with issues such as reviewing reports from
the UN High Commissioner for Refugees, promoting economic growth and sustainable
development, advancing the rights of all peoples to self-determination, and eliminating racism and
discrimination internationally.
The overarching body of the General Assembly is split into six different committees, which deal
with the basic needs of the international community; SOCHUM is allocated to the social,
humanitarian, and cultural issues.4 All members of the General Assembly vote with the same degree
of power as all other states, equating to all members of the United Nations.5 In this sense, the
General Assembly differs from some other United Nations bodies - like the Security Council - as it
allows each member state to hold equal status and provides an open forum for discussion. While the
General Assembly cannot call troops to war or impose economic sanctions, this forum is crucial for
the formulation of ideas that can later be suggested to other UN bodies. While the resolutions
passed in the Third Committee are non-binding, this committee is useful for states to bring any
discussion of international security to the floor.6
Solutions formulated by the Third Committee often encompass the work of other, more specialized
United Nations bodies or committees. These committees include not only those in the General
Assembly, but also bodies operating under the different organizations of the United Nations. These
include committees such as the United Nations Development Programme and the United Nations
Human Rights Council.7 The Third Committee also works closely with other United Nations
organizations, such as those included in the Economic and Social Council. Bodies like this include
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1 The Universal Declaration of Human Rights (Geneva: United Nations General Assembly, 1948).
2 "59th General Assembly Session: Social, Humanitarian and Cultural / 3rd Committee," Welcome to the United Nations: It's
Your World, accessed 13 May 2011, http://www.un.org/ga/59/third/responsibilities.htm.
3 "Charter of the United Nations: Chapter IV: The General Assembly," Welcome to the United Nations: It's Your World,
accessed 13 May 2011, http://www.un.org/en/documents/charter/chapter4.shtml.
4 "General Assembly of the United Nations," Welcome to the United Nations: It's Your World, accessed 13 May 2011,
http://www.un.org/en/ga/maincommittees/index.shtml.
5 "Charter of the United Nations: Chapter IV: The General Assembly."
6 Ibid.
7 "Human Rights Council - Homepage," OHCHR Homepage, accessed 13 May 2011,
http://www2.ohchr.org/english/bodies/hrcouncil/.
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the Commission on the Status of Women and the World Health Organization.8 Other committees
that work in conjunction with the Third Committee include the United Nations High Commissioner
for Refugees, United Nations Children’s Fund, the United Nations Education, Scientific, and
Cultural Organization, and the United Nations Environmental Programme. Through cooperative
work with more focused bodies such as these, resolutions passed by the Third Committee can be
implemented with a greater degree of success and efficiency.
The Third Committee has been dedicated to the enforcement of fundamental human rights
throughout the international community for over 60 years by tackling a wide variety of issues within
the social, cultural, and humanitarian spectrums.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
8 "UN Economic and Social Council," Welcome to the United Nations: It's Your World, accessed 13 May 2011,
http://www.un.org/en/ecosoc/about/subsidiary.shtml.
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SOCHUM
SIMULATION
As members of the Social, Humanitarian, Cultural Committee (SOCHUM), delegates will represent
the views of their respective countries throughout the duration of the debate on both Media
Freedom in the Developing World and Climate Change and Humanitarian Issues for Tropical
Populations. Delegates will be responsible for collaborating to develop resolutions for these two
issues while remaining both within the mandate of SOCHUM and within their countries’ respective
policies. While these topics are new to SOCHUM, all resolutions created will need to bear in mind
that the goal of this committee is to promote international peace and security. The beauty of the
NHSMUN conference is its ability to offer delegates a hands-on global education and to allow them
to experience a real work environment that they would be unable to experience elsewhere.
Upon arriving in committee, delegates will be introduced to the members of the dais, made up of
the Director and two Assistant Directors. After spending the past year writing the background guide
and update papers, the Director and both Assistant Directors are substantive experts on all matters
relating to SOCHUM, and delegates should use them as knowledgeable resources throughout the
conference. As veterans of parliamentary procedure and committee simulation, the role of the dais is
to ensure that delegates have a realistic, educational, and enjoyable experience at NHSMUN. Should
delegates have any questions on either procedural or substantive matters, they should not hesitate to
approach any member of the dais for assistance.
After delegates have been introduced to the dais, they will first debate setting the agenda and then
move to substantive debate, which will deepen and progress throughout the following sessions. In a
committee of this size, collaboration and decorum are essential for each and every session. Formal
debate consists of delegates adding themselves to the speakers’ list to be formally recognized before
the committee for a specified length of time. When delegates appear before the committee, it is their
opportunity to give an overview of their country’s position as well as accept questions from other
delegates for clarification on policy or solutions; they are also allowed to yield their time to other
delegates for a similar purpose. It is imperative that delegates remain respectful of others during this
time and observe all procedural rules in order for delegates to be heard and for the speakers’ list to
flow smoothly.
While formal debate is a key portion of our simulation, the majority of debate in SOCHUM will take
place in caucus format. Caucusing can be done in one of two ways – moderated or unmoderated.
Moderated caucuses flow similarly to formal debate. Delegates' speaking times are often shorter, and
each caucus has a specific topic delegates must discuss in their comments. Unmoderated caucuses
suspend formal rules of debate for a designated period of time during which delegates are free to
move around the room and informally discuss policy and potential solutions directly with other
delegates. The majority of writing for working papers and resolutions will occur during these
unmoderated caucuses.
Another unique feature of SOCHUM as a committee of the General Assembly is the process by
which its working papers and resolutions are created. Solutions start out as a set of ideas, are
formatted into a working paper, then voted upon as draft resolutions, and finally are presented as
resolutions in plenary, if passed in committee. Delegates will be given more details about the
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resolution process closer to the conference date, but they should keep in mind that they must follow
this specific structure. The length of the resolution-writing process and the number of delegates in
SOCHUM will limit the number of resolutions that can be introduced, making collaboration and
compromise essential.
The two most important things for delegates to keep in mind throughout debate are decorum and
country policy. As a committee of the General Assembly, SOCHUM includes delegates from each
member state of the United Nations; hence, it is one of the largest committees. Each delegate will be
given equal opportunity to speak before the committee and granted each member’s undivided
attention. Parliamentary procedure and decorum will be respected at all times, without exception.
The alteration or suspension of rules may only occur at the discretion of the dais to preserve
decorum and respect for all delegates. Additionally, delegates are to keep in mind that country policy
is the anchor for all proposals both presented and supported by the delegate. Although collaboration
is the goal, it is always secondary to the integrity of a delegates’ country policy. The desire to
compromise should never supersede one’s ability to uphold his or her country’s stance on the issue.
With this in mind, apt preparation for committee on policy, background, and potential solutions is
imperative for all delegates to maintain top quality debate.
Debate in SOCHUM will culminate in a plenary meeting at the final session during which time
SOCHUM delegates will meet with their counterparts in the other committees of the General
Assembly to vote. Only draft resolutions that have passed in each individual committee will be
presented as resolutions in plenary and voted upon by the entire General Assembly. This plenary
session simulates the workings of the real UN in that delegates see how SOCHUM is able to make
recommendations that unite the entire membership of the UN when resolutions are adopted. Like in
the UN, the quality of resolutions presented before the plenary body is a direct reflection of the
delegates’ work inside and outside of the committee. These resolutions rely heavily upon the
delegates’ abilities to work diligently and to collaborate respectfully on proposals for the topics at
hand, and will help to make NHSMUN 2015 a great year for SOCHUM and NHSMUN as a whole.
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SOCHUM
TOPIC A: THE HUMAN RIGHTS OF PRISONERS
INTRODUCTION
Under the Universal Declaration of Human Rights (UNDHR), all human beings “are equal in
dignity and rights.”9 However, there are groups of people worldwide whose human rights are
ignored or diminished due to their status in society. Prisoners in particular are often overlooked in
the discussion of human rights because they are deemed “unworthy” of human rights and basic
protections. Yet according to the UNDHR, all humans across the global community deserve equal
treatment. Amnesty International reported torture and other ill-treatment of prisoners in 141
countries from every world region over the past five years.10 This is despite the fact 155 countries are
parties to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
of Punishment.11 Clearly, this is a pressing human rights issue that must be addressed.
Aside from acts of torture, prisoners have been subjected to other ill-treatments such as inadequate
health attention and poor living conditions. These actions all violate human rights, which is one of
the key focuses of the Social, Cultural, and Humanitarian Committee. There are also specific groups
of prisoners that are extremely vulnerable in the current prison systems, such as foreign prisoners,
prisoners with mental illnesses, and women in the prison system. All of these groups either do not
have the international protection they need or many governments overlook these groups and do not
abide by international standards.
In the wake of increasing prisoner abuse and a lack of protection of the rights of prisoners,
SOCHUM must take action in ensuring that all prisoners are treated according to international
standards and that the international guidelines are in accordance with present situations. Delegates
will have to look at previously existing guidelines, suggest changes that will improve protection of
prisoners’ rights, make new suggestions for defending prisoners’ rights, and develop ways to ensure
that governments and prison institutions abide these guidelines.
HISTORY AND DESCRIPTION OF THE ISSUE
Standard Minimum Rules for the Treatment of Prisoners
The first international recognition of the need to protect prisoners’ rights was at the First Hague
Peace Conference of 1899 (also known as the International Peace Conference of 1899), where
diplomats discussed and addressed concerns over the treatment of prisoners of war.12 Since then,
national governments, international organizations, and the United Nations (UN) have all recognized
the importance of prisoners’ rights, military and civilian. It is common for the rights of prisoners to
be overlooked and forgotten due to their marginalized position in society because of the fact that
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“The Universal Declaration of Human Rights, UN, accessed 8 Aug 2014, http://www.un.org/en/documents/udhr/.
Torture in 2014 (Amnesty International, 2014), accessed 1 July 2014, http://amnesty.org/en/stoptorture.
11 Ibid.
12 “Convention Relative to the Treatment of Prisoners of War. Geneva, 27 July 1929,” International Committee of the Red
Cross, accessed 8 Aug. 2014, http://www.icrc.org/ihl/INTRO/305?OpenDocument.
9
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SOCHUM
they are prisoners. However, the Basic Principles for the Treatment of Prisoners, a resolution
adopted by the General Assemble (GA) in 1990, states that “except for those limitations that are
demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and
fundamental freedoms set out in the Universal Declaration of Human Rights … as well as such
other rights as are set out in other United Nations covenants.”13 There are also other UN guidelines
and rules specifically targeting the treatment and rights of prisoners, including the Standard
Minimum Rules for the Treatment of Prisoners; these rules can be seen as the first international
recognition of all prisoners’ rights.14
The First UN Congress on the Prevention of Crime and the Treatment of Offenders adopted the
Standard Minimum Rules for the Treatment of Prisoners (hereinafter referred to as SMRs) in
Geneva on 30 August 1955.15 SMRs are a set of guidelines for the treatment of prisoners, and they
address a variety of issues including visitations, transportation, and living conditions. SMRs were the
result of decades of work from the International Penitentiary Commission (later the International
Penal and Penitentiary Commission or IPPC) starting in 1926.16 An ad hoc committee of experts
made further updates in 1949 before the IPPC presented a revised draft of SMRs in 1951. Two years
after it was first adopted, the Economic and Social Council approved SMRs in 1957.17
Although SMRs are not legally blinding, they are accepted by many member states as guidelines and
standards for the treatment of prisoners. SMRs are separated into two parts: rules of general
application and rules applicable to special categories. The first part covers areas from
accommodations and personal hygiene to instruments of restraint and notification of death, illness,
and location transfer.18 The second part addresses prisoners under sentence, insane and mentally
abnormal prisoners, prisoners under arrest or awaiting trial, civil prisoners, and persons arrested or
detained without charge.19 These specific categorizations were meant to address possible loopholes
in the first half of SMRs. In particular, it is important to note that privileges, work, education, and
recreation are examples of other subsections mentioned. These are all areas where many prisons
currently lack funding and attention.
Over the past few decades, several declarations and principles have updated SMRs from its original
version. Some of these changes address new issues that were not relevant when SMRs were written.
For example, there were few women in prisons when the SMRs were drafted, which led to an
omission of female-specific guidelines; also, these prisons are more populated now than ever
before.20 These changes, along with others to be discussed, were necessary clarifications and
additional segments to SMRs. However, there are still many areas that are not sufficiently covered or
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A/RES/45/111, “Basic Principles for the Treatment of Prisoners,” 14 Dec 1990, accessed 8 Aug 2014,
http://www.ohchr.org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrisoners.aspx.
14 Standard Minimum Rules for the Treatment of Prisoners (United Nations, 1955), accessed 23 June 2014,
http://www.refworld.org/docid/3ae6b36e8.html.
15 Standard Minimum Rules for the Treatment of Prisoners.
16 Background Note: Open-Ended Intergovernmental Expert Group Meeting on the United Nations Standard Minimum Rules for the
Treatment of Prisoners (Vienna: UN Office on Drugs and Crime, 2012), accessed 29 June 2014,
http://www.unodc.org/documents/justice-and-prison-reform/AGMs/Background_note.pdf.
17 Ibid.
19 Ibid.
20 Ibid.
13
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addressed in SMRs. Various committees, such as the Commission on the Status of Women (CSW),
have passed several resolutions attempting to address the holes in the SMRs. For example, the UN
Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules) specifically pertain to women prisoners, which was not as relevant an issue at
the creation of SMRs.21 There rules are not part of the SMRs because they were developed by CSW
and they address a specific population of prisoners. It is important that delegates understand that
SMRs are non-binding and only exist as a guideline for states to adopt into their prison systems.
Furthermore, delegates should understand the role of NGOs in helping to ensure that countries
adopt and follow SMRs, since these guidelines are the only way to make sure that countries provide
prisoners with the basic prisoners’ rights.
Foreign Prisoners
The concept of foreign prisoners was not entirely recognized until the World Wars and the
development of the idea of prisoners of war. Before World War I, there were rarely cases of
imprisoning foreigners.22 This was due to several factors such as the difficulty of long distance
travelling and the lack of a strict and comprehensive legal systems. Over time, with the increasing
ability of individuals to travel across borders, there were also an increased number of foreigners in
prisons globally. Thus, the imprisonment of foreigners is a much more relevant issue now, and the
demand for modern guidelines must be a priority of this committee. In this Background Guide, a
“foreign prisoner” will refer to “a person of a different nationality from the country in which he/she
is detained.”23 It is important to note, however, that there are many different understandings of this
term, such as “foreign-born prisoner” or “foreign detainee,” and different countries have distinct
definitions and procedures for dealing with “foreign prisoners.”24 This can prevent countries from
being able to deal with foreign prisoners efficiently and communicate with other governments
properly if the situation requires intergovernmental communication. Also, the lack of a common
definition prevents the development of a standard protocol of treating this type of prisoner.
Delegates should keep in mind that the definition could be amended into an existing document
relating to foreign prisoners, such as the Model Agreement on the Transfer of Foreign Prisoners and
Recommendations on the Treatment of Foreign Prisoners.
In 1985, the Seventh UN Congress on the Prevention of Crimes and the Treatment of Offenders
adopted the UN Model Agreement on the Transfer of Foreign Prisoners and Recommendations on
the Treatment of Foreign Prisoners.25 This agreement “provides a model not only for bilateral
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
21 A/C.3/65/L.5, “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules)”, 6 October 2010.
22 Arnold P. Krammer, “German Prisoners of War,” Handbook of Texas Online, last updated 15 June 2010, accessed 21
July 2014, https://www.tshaonline.org/handbook/online/articles/qug01.
23 Draft Outline Structure of the Recommendation Concerning Foreign Prisoners, (Strasbourg: European Committee on Crime
Problems, 2010) accessed 21 July 2014,
http://www.coe.int/t/dghl/standardsetting/prisons/pccp%20documents%202010/PCCP(2010)14%20_Foreign%20prisoners.pdf.
24 Current Trends and Problems of Prisoners, and Measures for Effective Treatment (Tokyo: United Nations Asia and Far East
Institute, 2013), accessed 30 June 2014, http://www.unafei.or.jp/english/pdf/PDF_rms/no57/57-29.pdf.
25 “Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign
Prisoners,” United Nations Crime and Justice Information Network, accessed 21 July 2014,
http://www.uncjin.org/Standards/Rules/r08/r08.html.
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agreements but also for multilateral agreements that all UN Member States can adapt to their
specific legal systems.”26 That is, the agreement serves as a universal tool for all countries to use
when dealing with bilateral or multilateral foreign prisoner issues. It is not legally binding and only
acts as a model if the situation comes up where an agreement is needed. However, because of its
flexibility to be adapted to most Member States’ specific legal systems, this agreement is very nonspecific and rarely useful. It does not provide a universal definition for a foreign prisoner and
moreover fails to recognize certain problems that arise when dealing with one. For example, it is
difficult to obtain information concerning the prisoner, as criminal justice agencies of different
countries do not constantly share information. This lack of communication can cause critical
information regarding a suspect to be lost, and therefore it can obstruct justice and possibly even
lead the suspect to be falsely arrested. There can also be a lack of assistance from families and
relatives or barriers deliberating obstructing the prisoner from receiving assistant. For example,
family members may be restricted from contacting the prisoner or receive limited information
regarding the status of the prisoner. It is important to note that prisoners are allowed to receive this
assistant as stated in the SMRs.27
Delegates should keep in mind that while the UN Recommendations on the Treatment of Foreign
Prisoners specifically refer to the equality of treatment in terms of prison leave, employment, and
access to training, many countries in reality treat foreign prisoners more harshly than they do
domestic prisoners.28 For example, Angela Carnegie was sentenced to life in a Thai prison in 1993
after being caught smuggling heroin.29 She was forced to eat maggots, sleep next to prisoners with
leprosy, and live without running water before being extradited back to the U.S. in 2002.30 The lack
of official guidelines and regulations has caused the suffering of many foreign prisoners. For
example, since the reinstatement of the death penalty in the United States in 1976, more than 120
foreign nationals from 40 different countries have been sentenced to death in the United States.31 In
many of these cases, the nationals were not informed of their consular rights, which often had a
detrimental effect on the quality of legal representation and the final outcome of their trail. In June
2001, the International Court of Justice (ICJ) ruled that “the United States [had] breached its
obligations to Germany and the LaGrand brothers under the Vienna Convention on Consular
Relations” when officials failed to inform two German citizens of their rights at the time of their
arrest in Arizona, USA.32 This ruling came too late, however, as the US government had already
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“International Transfer of Sentenced Persons,” United Nations Office on Drugs and Crime, accessed 29 June 2014,
http://www.unodc.org/unodc/en/organized-crime/transfer-of-sentenced-persons.html.
27 Standard Minimum Treatment for Prisoners.
28 UN and EU Recommendations on the Treatment of Foreigners in Prison (Tilburg: International Commission for Catholic
Prison Pastoral Care, 2007), accessed 1 July 2014,
http://www.coe.int/t/dghl/standardsetting/prisons/PCCP%20documents%202010/ICCPPC_report_on_foreign_pris
oners_english.pdf.
29 Louise Boyle, “Women Forced to Eat MAGGOTS While Locked Up In Thai Prison For NINE YEARS After Trying
To Smuggle Heroin Into the U.S.,” DailyMail, 29 Aug. 2012, accessed 19 Aug. 2014,
http://www.dailymail.co.uk/news/article-2195072/U-S-woman-forced-eat-MAGGOTS-locked-Thai-prison-NINEYEARS.html.
30 Ibid.
31 “Conditions of Detention and Treatment of Prisoners,”Confederation of European Probation, accessed 30 June 2014,
http://www.cepprobation.org/page/83; “Death Penalty Fast Facts,” CNN, last updated 2 July 2014, accessed 21 July
2014, http://www.cnn.com/2013/07/19/us/death-penalty-fast-facts/.
32 “LaGrand Case (Germany v. United States of America),” International Court of Justice, 27 June 2001, accessed 30 June
2014, http://www.icj-cij.org/docket/index.php?pr=355&code=gus&p1=3&p2=3&p3=6&case=104&k=04.
26
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executed one of the brothers despite the fact that the ICJ had issued an order to halt the execution
pending a final decision. The unfair treatment of foreign prisoners is not a regionally isolated issue,
but rather it occurs in numerous states. Such human rights violations and disregard of the 1985 UN
acts are quite alarming, and this committee should consider ways to promote stronger provisions
supporting the rights of foreign prisoners.
Solitary Confinement and Torture
Article five of the Universal Declaration of Human Rights (UNDHR) states, “No one shall be
subjected to torture or to cruel, inhumane or degrading treatment of punishment.”33 The UNDHR is
the first and most comprehensive resolution for human rights, yet many states fail to recognize this
article on torture and unfair treatment of humans. Solitary confinement and torture are techniques
that have been used in prisons in the past and are still being practiced in some countries today. This
is despite the fact that the General Assembly (GA) passed article five of the UNDHR and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment
(“Torture Convention”) in 1984.34
The Convention is different from the SMRs as it specifically addresses torture and punishment
against all people. The Convention was a result of many years of work: work which started soon
after the adoption of the Declaration on the Protection of All Persons from Being Subjected to
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Torture
Declaration”) in 1975.35 The Convention is binding, which means state parties are obligated to
follow the guidelines, unless they made declarations or reservations.36 For example, Germany
declared upon signature that the government “reserves the right to communicate, upon ratification,
such reservations or declarations of interpretation as are deemed necessary…”37 This means that
Germany has the right to interpret the Convention as they deem fit. The ability of the Convention
to protect people is compromised by actions similar to the example just given, because governments
can, technically, not abide to the Convention. As of August 2014, 155 state parties had ratified the
convention.38 In 2002, the GA adopted the Optional Protocol to the Torture Convention,
establishing a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.39 The Committee against Torture visits places of detention and serves to
support state parties and national institutions in performing functions according to the
Convention.40 For example, in 2013, the Committee visited many countries, including Angola,
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“The Universal Declaration of Human Rights,” United Nations, accessed 30 June 2014.
A/RES/39/46, “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” 10
December 1984, accessed 30 June 2014, http://www.un.org/documents/ga/res/39/a39r046.htm.
35“Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” Office of Legal Affairs,
accessed 6 Aug 2014, http://legal.un.org/avl/ha/catcidtp/catcidtp.html.
36 A/RES/39/46, “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
37 “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” UN Treaty
Collection, last modified 8 Aug 2014, https://treaties.un.org/Pages/ViewDetails.aspx?mtdsg_no=IV9&chapter=4&lang=en.
38 Ibid.
39“Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” Office of Legal Affairs.
40 Ibid.
33
34
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Burkina Faso, and Djibouti.41 During these visits, the Committee visits detention centers, examines
legal legislation, and converse with a variety of persons, including government officials, police
workers, and legal personnel.42 The Committee holds two annual sessions to examine reports from
state parties and to “adopt general comments on specific provisions of the Convention or issues
related to their implementation.”43
Torture within the Prison System
The general purposes of torture can be seen as the following: to maintain social control, to defend
ruling regimes, and to suppress or punish political opponents and suspected criminals.44 The
recorded practice of torture dates back to 530 AD, when the Romans included it as part of their
justice system.45 Many other cultures throughout history did the same.46 The acts of torture were
“considered necessary…or good...” as they were seen as a means of achieving justice or the greater
good.47 Medieval and early modern European courts also used torture, as it was deemed as a
legitimate way of extracting confessions and obtaining information about a crime.48 Because of its
extensive use throughout history, torture has, in a way, been ingrained in many countries’ legal
systems. This can be seen in the country’s legislation or the beliefs of the society.
Under the “Instruments of Restraint” subsection of SMRs, it is said that “Instruments of restraint,
such as handcuffs, chains, irons and strait-jacket, shall never be applied as a punishment.”49 Yet it is
known that many prisons across the world use instruments of restraint on their prisoners, even
those in developed countries with more stringent laws. Under international law, using these kinds of
instruments is considered torture. The definition of “torture” is given as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination or any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting
in an official capacity.”50
It is important to note that both the European Court of Human Rights (ECHR) and the InterAmerican Court of Human Rights have stated that the definition of torture is still flexible due to the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
41 “2013 Expected Date of Consideration,” United Nations Human Rights: Office of the High Commissioner for Human Rights,
accessed 19 Aug 2014,
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/MasterCalendar.aspx?Type=Session&Lang=En.
42 Ibid.
43 “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” Office of Legal
Affairs.
44 “Purpose of Torture,” Physicians for Human Rights, accessed 7 Aug. 2014, http://phrtoolkits.org/toolkits/istanbulprotocol-model-medical-curriculum/module-1-international-legal-standards-overview/torture/purpose-of-torture/.
45 “History of Torture,” The Justice Campaign, accessed 7 Aug. 2014, http://thejusticecampaign.org/?page_id=175.
46 “Purpose of Torture.”
47 “History of Torture,” Physicians for Human Rights, accessed 7 Aug. 2014, http://phrtoolkits.org/toolkits/istanbulprotocol-model-medical-curriculum/module-1-international-legal-standards-overview/torture/history-of-torture/.
48 Ibid.
50 A/RES/39/46.
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changing of values and conditions that occur everyday.51 This means that there are no set
international standards that countries can follow. Despite these rules and guidelines prohibiting
torture and the explicit explanation of what is considered torture, it is still used today.
Between January 2009 and May 2013, Amnesty International has received reports of torture and
other ill treatment committed by state officials from 141 different countries.52 The acts of torture
ranged from verbal abuse and physical beatings to rape and stoning.53 It is difficult to isolate a
specific area where torture is most prevalent since, as the 2014 annual report on torture points out,
torture is used in most regions around the world.54 This is alarming because as stated above, 155
state parties have ratified the Convention against Torture. This only continually shows that there is a
lack of accountability from governments when abiding to existing guidelines and rules.
The lack of investigation into claims of torture and solidary confinement against various states
contributes to the problem as a whole. In many countries, anyone is vulnerable to accusations that
could lead to physical and mental torture as a means to extract a false testimony, false confession,
and more.55 In Uzbekistan, Erkin Musaev, a former Ministry of Defense official, was working for
the UN Development Programme when officers from the National Security Service (SNB) detained
him in January 2006.56 He was charged with spying and was detained in an SNB detention center for
several weeks. During these weeks, Musaev was unable to contact anyone and was reportedly
subjected to day-time beatings, night-time interrogations, and threats against his family.57 Eventually,
he was released after he was forced to sign a confession on the condition that his family would be
left alone. After three trials in 2006 and 2007, he was sentenced to 20 years of imprisonment for
treason and abuse of office, despite the fact that Mursaev stated that he was tortured in detention.58
It was not until May 2012 when the UN Human Rights Committee (UNHRC) concluded that
Uzbekistan had violated Musaev’s rights under article seven of the International Covenant for Civil
and Political Rights. 59 Though unclear, it is currently assumed that the government is yet to take
responsibility for the alleged torture and has not allowed Mursaev’s case to return to court. Incidents
like this, where UN committees hold governments accountable but no action occurs, are of concern
for this committee. The lack of incentives to follow UN guidelines, not just those concerning torture
and solitary confinement, need to be addressed to by SOCHUM.
Torture within Prison Health Care Settings
Health care can also be used as a means of torture within prisons. In 2013, the Special Rapporteur
on torture and other cruel, inhuman or degrading treatment of punishment, Juan Mendez, released a
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A/HRC/22/53, “Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading treatment of
Punishment, Juan E. Médez,” 1 Feb 2013, accessed 1 July 2014,
http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/22/53.
52 Torture in 2014.
53 Ibid.
54 Ibid.
55 Ibid.
56 Ibid.
57 Ibid.
58 Ibid.
59 Ibid.
51
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report to the Human Rights Council.60 The report focused on “certain forms of abuses in healthcare settings that may cross a threshold of mistreatment that is tantamount to torture or cruel,
inhuman, or degrading treatment or punishment.”61 The report was intended to highlight often
unnoticeable abusive practices protected by the auspices of health-care policies and to show how
certain treatment policies go against the guidelines provided by the UN. Prisoners are supposed to
receive heath care from the government; therefore, hypothetically, governments can refuse to
provide necessary medicine or treatment to prisoners. Mendez recognized three main abuses in the
health-care setting: compulsory detention for medical conditions, reproductive rights’ violations, and
denial of pain treatment.62 All three of these can be labeled as torture if there is state involvement
and specific intent. This report should signal to delegates that violations of basic human rights are
still occurring, despite the measures meant to put a stop to torture. Instead of considering new
conventions and resolutions to create on torture, this committee should consider how to effectively
implement preexisting measures and consequentially limit blatant violations of international
standards.
Solitary Confinement
Despite the fact that in 1990, the UN Basic Principles for the Treatment of Prisoners stated that
“efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of
its use, should be undertaken and encouraged,” solitary confinement is becoming increasingly
routine in prisons world-wide.63 Solitary confinement is not listed as a means of torture because the
use of it can be legitimate if procedural safeguards are used.64 It was developed in the early
nineteenth century by the United States and has since then spread globally, concentrated specifically
in the Americas and Europe.65 It was first used as a means of protecting prisoners and guards from
violent prisoners, and has increasingly been labeled as an effective way of doing so.66 There is still no
universal definition for solitary confinement, but in 2011 Juan Mendez, a UN expert on torture,
defined it as “any regime where an inmate is held in isolation from others, except guards, for at least
22 hours a day.”67
Solitary confinement often leads to psychiatric disorders, including hallucinations, cognitive deficits,
and panic attacks, which is a key reason why the committee should consider explicitly labeling it as a
means of torture.68 The UN Special Rapporteur on torture stated that it “should be banned by States
as a punishment or extortion technique,” and that the practice “should only be used only in very
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
60 A/HRC/22/53, “Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading treatment of
Punishment, Juan E. Médez.”
61 Ibid.
62 Ibid.
63 A/RES/45/111, “Basic Principles for the Treatment of Prisoners”; Penal Reform International, accessed 7 Aug. 2014,
http://www.penalreform.org/priorities/prison-conditions/solitary-confinement/.
64 “Solitary Confinement Should Be Banned In Most Cases, UN Expert Says,” UN News Centre, 18 Oct. 2011,
https://www.un.org/apps/news/story.asp?NewsID=40097.
65 “Torture: The Use of Solitary Confinement in U.S. Prisons,” Center for Constitutional Rights, accessed 8 Aug. 2014,
http://ccrjustice.org/solitary-factsheet.
66 Ibid.
67 “Solitary Confinement Should Be Banned In Most Cases, UN Expert Says.”
68 Peter Scharff Smith, “The Effects of Solitary Confinement on Prison Inmates: A Brief History and Review of the
Literature,” Crime and Justice 34, No. 1 (2006): 441-528, accessed 7 Aug. 2014,
http://www.jstor.org/stable/10.1086/500626.
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exceptional circumstances and for as short a time as possible … [and] procedural safeguards must be
followed.”69 The horrendous effects of solitary confinements are made clear by the following
example: In 1995, a Danish citizen was arrested at Copenhagen airport and charged with drug
trafficking.70 He was then sent into solitary confinement in Denmark’s largest remand (detention)
prison.71 He spent almost a year in isolation while the police investigated the case, until the
Copenhagen city court finally lifted the isolation after the accused provided the court and police
with a version of the story that they believed.72 The detainee was so affected by his experience that
he voluntarily stayed in isolation for two more weeks after he was allowed to transfer to regular
prison detention, for he had difficulty leaving solitary confinement.73 It was later discovered that he
had become insane during his stay in solitary confinement, and a claim of compensation went
through the Danish court system.74
Although the Danish Supreme Court offered financial compensation, the court refused to label his
treatment as torture or inhuman or degrading treatment, which is prohibited through article three of
the European Convention of Human Rights.75 On 21 July 2005, the European Court of Human
Rights (ECHR) ruled that there was no violation, with four votes against three.76 The three judges
who believed torture took place pointed out the following: the city court never explained why
isolation was necessary, the isolation was lifted once the accused confessed, and no psychological
examination was given to the accused, even though the effects of solitary confinement are well
known.77 Cases like this where the effects of solitary confinement are equivalent, if not worse, than
those of torture only shows the need for increased understanding that solitary confinement is a
means of torture.
Accountability and Lack of Enforcement
As aforementioned, there are many guidelines and standards that have been recognized by the UN
and acknowledged by member states. Yet there is no legal obligation to obey any of the resolutions
or the SMRs, so many countries do not follow them. This happens usually because the government
sees following the resolutions and/or the SMRs as an inconvenience and feel more comfortable
following existing national legislations and ways of doing things. Furthermore, because many bodies
of the UN, including SOCHUM, cannot force a country into accepting a certain policy, these
guidelines lack effectiveness when countries are not willing to implement them. For example, 155
Member States have ratified or acceded to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, yet 27 have violated their obligations in 2013 by
not submitting reports to the Committee.78 This huge discrepancy suggests that country
accountability is an area that requires huge improvements. Currently, there are groups and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“Solitary Confinement Should Be Banned In Most Cases, UN Expert Says.”
Ibid.
71 Ibid.
72 Ibid.
73 Ibid.
74 Ibid.
75 Ibid.
76 Ibid.
77 Ibid.
78 GA/SHC/4075, “ ‘Outdates’ Prisoner-Related Standards Need Revising, Says Special Rapporteur as Third Committee
Discusses Human Rights,” accessed 23 June 2014, http://www.un.org/News/Press/docs/2013/gashc4075.doc.htm.
69
70
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committees, both in the UN and outside the UN, dedicated to enforcing standards and ensuring that
governments abide to guidelines. However, prisoners’ rights are continually being ignored, and the
need to ensure that governments respect these rights grows daily.
Within the UN, the Subcommittee on Prevention of Torture is attempting to help countries
establish procedures that would aid governments in following the different guidelines that protect
prisoners’ rights. According to Malcolm Evans, the Chair of the Subcommittee, his most successful
undertakings are “national preventive mechanism visits.”79 National Preventive Mechanisms (NPMs)
are “visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment of
punishment.”80 Representatives of the NPM have the purpose of conducting regular visits to all
places where persons are deprived of liberty.81 They write reports and develop recommendations to
improve the prison and detention situation in the country. The Subcommittee has helped countries
such as Hungary, Lithuania, and Norway in the past.82 However, due to the lack of funding, full
visits have only taken place every ten years, and there currently exists a ten-year backlog of visits.83
This means that countries that require these visits and benefit from them do not receive the
assistance they need, and the people in the countries suffer. NPMs are an example of an existing
practice that improves government accountability in regards to prisoners’ treatment but requires
additional emphasis and attention to receive the funding they need.
It is important to remember that SOCHUM, and many other committees in the UN, have to respect
the national sovereignty of countries at all times. This restricts the ability of SOCHUM to ensure
governments abide to guidelines and regulations. It is for this reason that watchdog groups, which
call out prisons and states that violate international laws, are so essential for holding countries
accountable for their actions. In terms of work outside the UN to increase accountability standards,
this committee should look towards the work of the World Organisation Against Torture (OMCT).
The OMCT is a coalition of international non-governmental organizations (NGOs) “fighting against
torture, summary executions, enforced disappearances and all other cruel, inhuman or degrading
treatment.”84 They provide a variety of services, both to specific persons and to larger organizations
like the UN. The OMCT currently has seven monitoring missions in Mexico, Indonesia, Philippines,
Colombia, Chile, Togo, and Kenya.85 In these missions, the OMCT assesses a country’s
implementation of the recommendations that the Committee against Torture and the Committee on
Human Rights has given.86 Then, OMCT holds dialogues with the authorities and civil society
regarding “increased accountability for acts of torture or ill-treatment.”87 The organization strongly
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
A/REST/57/199, “Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment,” 22 June 2006, accessed 21 July 2014,
http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCAT.aspx#1.
81 “National Preventive Mechanisms (NPMs),” Association for the Prevention of Torture, accessed 21 July 2014,
http://www.apt.ch/en/national-preventive-mechanisms-npms/.
82 United Nations Human Rights, accessed 1 July 2014,
http://www.ohchr.org/EN/HRBodies/OPCAT/Pages/NationalPreventiveMechanisms.aspx.
83 Ibid.
84 “About OMCT,” OMCT, accessed 21 July 2014, http://www.omct.org/about/.
85 Ibid.
86 Nothing Can Justify Torture Under Any Circumstances (Geneva: OMCT, 2014), accessed 21 July 2014,
http://www.omct.org/files/2014/07/22752/rpprt2013_en_omct14.pdf.
87 Ibid.
79
80
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believes that governments should be held responsible for the prison sentencing they give out and
the treatment of the prisoners during the sentence. Delegates should look towards NGOs like these
to help improve government accountability and protect prisoners’ rights globally.
Changes in the Use of Imprisonment
The nature and use of imprisonment has drastically changed in most countries since the introduction
of SMRs in 1955. These changes require international guidelines to adapt in order to ensure the
successfulness of policies such as SMRs. Some consequential developments are: the significant
increase in the global human population, changes in the profile of prisoner populations, health
profile of prisoners, delays in the judicial process, increased number of long-term sentences, and
general security arrangements.88
The increase in the world population from 2.8 billion (1955) to seven billion (2014) has
consequently significantly altered the standards of prison.89 Currently, it is projected that there are
over ten million prisoners in the world, and estimates suggest that prison populations will only
continue to grow.90 This growth is not only due to the exponential increases in the world population
but also due to the more oppressive criminal policies in many countries. Overall, sentences are more
severe and longer today, a phenomenon that varies regionally.91 This increase has had several
consequences, as many prison capacities have not kept in pace with the rising number of prisoners.
Many prisons are overcrowded, which results in poorer conditions for prisoners such as limited
access to opportunities for education, skills training and work, inadequate living accommodations,
and shortage of medical facilities.92 There are even some prisons that are centuries old and have not
been properly maintained because of lack of funding and space.
Secondly, major changes have occurred in the profile of prisoner populations since 1955. Today,
there are greater numbers of younger persons and juveniles, as well as a huge increase in the female
population.93 However, the majority of prisoners are still male, and the bulk of literature has been
written with this reality in mind, a fact that influences how prisons are constructed and managed.94
For example, when SMRs were adopted in 1957, it was mostly directed towards the male prisoners,
with little thought directed towards women, children, or other vulnerable people in prisons.95 Also,
in many places, prisons are built in remote locations and are managed through harsh rules and
intentionally cruel conditions because of the common thought that male prisoners can handle and
require tough treatment.96 However, these characteristics do not take into consideration that women
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Treatment of Prisoners.
89 “50 Facts: Global Health Situation and Trends 1955-2025,” World Health Organization, accessed 30 June 2014,
http://www.who.int/whr/1998/media_centre/50facts/en/.
91 Ibid.
92 Ibid.
93 Ibid.
94 Ibid.
95 Ibid.
96 “Prison History,” Architects/Designers/Planners for Social Responsibility, accessed 7 Aug. 2014,
http://www.adpsr.org/home/prison_history.
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and children usually require different conditions. Although resolutions and additional rules
recognized by the UN that address these new types of prisoners are being drafted and passed, there
are still more guidelines that relate to the treatment of men in prison than women or children.
The UK Centre for Mental Health noted in their evidence to the UK’s All Party Parliamentary
Group on Women in the Penal System (a part group dedicated to tackle issues in prison and explore
community programs for women) in 2012 that “some searching and control and restraint
practices…have been seen to be highly counterproductive for females with high histories of abuse
and trauma, leading to flashbacks and exacerbating distress.”97 Although this report was only related
to the UK, this statement can relate to females in prison systems worldwide. In many countries, the
methods for recruitment, training, and oversight of law enforcement officials are the main causes of
abuse for women and girls in the prison system.98 According to the UN Study on Violence against
Children, “Male staff often engage in ‘sanctioned sexual harassment’, including improper touching
during searches, or watching girls while they dress, shower, or use the toilet. Male staff also use their
positions of authority to demand sexual favours, and are responsible for sexual assault and rape.”99
The need for international guidelines regarding the hiring and training of prison officials is
something delegates should consider while looking at this issue. Currently, the Office of UN High
Commissions for Human Rights (OHCHR) has a manual on human rights training for prison
officials, but due to the lack of incentives to follow the manual, most countries do not incorporate
the suggestions.100
Changes in the judicial process and sentencing patterns have also had detrimental effects on
prisoners. It is more common today to have delays in the judicial process, which can be caused by
difficulties in accessing legal aid by the accused. This leads to an increasing proportion of prisoners
awaiting trial. The delays can cause innocent people to spend unnecessary time in detention and
cause unneeded harm to the accused. This proportion can be as high as seventy or eighty percent of
the prison population in certain areas.101 An increase in the proportion of prisoners serving longer
sentences is a result of the fact that many governments have adopted “tough on crime” policies and
laws that increase the likelihood and length of prison sentences.102 This results in an increasing age
profile of prisoners in many areas that can increase spending in medical, nursing, and hospice care.
For example, in the United States, a country that gives out many long prison sentences, the number
of state and federal prisoners age 55 or older increased by 282% between 1995 and 2010, while the
number of all prisoners increased by only 42%.103 This increase of elderly population has forced
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
97 “Women in the Penal System,” Parliament UK, last modified 18 Aug. 2014,
http://www.publications.parliament.uk/pa/cm/cmallparty/register/women-in-the-penal-system.htm; Neglected Needs:
Girls in the Criminal Justice System, (London: Interagency Panel on Juvenile Justice, 2014), accessed 10 June 2014,
http://www.penalreform.org/wp-content/uploads/2014/02/girls-crim-just-v4.pdf.
98 Ibid.
99 Violence Against Children in Care and Justice Institutions (Geneva: UNICEF, 2006), accessed 7 Aug. 2014,
http://www.unicef.org/violencestudy/5.%20World%20Report%20on%20Violence%20against%20Children.pdf.
100 HR/P/PT/11, “Human Rights and Prisons: Manual on Human Rights Training for Prison Officials,” 2005, accessed
19 Aug 2014, http://www.ohchr.org/Documents/Publications/training11en.pdf.
102 Old Behind Bars (Human Rights Watch, 2012), accessed 22 July 2014,
http://www.hrw.org/sites/default/files/reports/usprisons0112webwcover_0_0.pdf.
103 Ibid.
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certain states in the United States to spend more money on prison systems than they do on their
own education systems.104 In the state of Michigan, the healthcare for inmates age 80 and older costs
prisons as much as USD 40,000 per person.105 Such a considerable amount of money should
highlight the effect of sentencing patterns: when court systems and governments favor longer
sentences, this means that more spending on healthcare, services, and accommodations is necessary.
Unfortunately, many prisons, including some in the United States, do not spend the necessary
money on these older prisoners due to funding limitations. As a result, the older populations in
prisons receive inadequate care.
Overall, many of these changes are not addressed by UN member states. In fact, over half of the
prisons in countries part of the Council of Europe are extremely over-crowded, and women are still
treated poorly in prisons. Delegates should be mindful of these trends and address these while
researching possible solutions to this issue.
Mental Health
There are many studies and reports published that suggest prisoners have increased rates of
psychiatric disorders compared to the general population.106 It is also estimated that suicide rates
within prisoners are four to five times higher when compared to the general population.107 Thus, it is
incredibly important for this committee to discuss improving mental health standards in prisons, as
the right to adequate health care is a human right for all. A report published in the British Journal of
Psychiatry in 2012 focuses on the severe mental illness issue present in prisons today.108 The study
identified 33,588 prisoners from 24 countries, and stated that one in seven prisoners have
depression or psychosis. It is important to realize that the report does not signify whether these
prisoners had these illnesses prior to entering the prison system or whether they were especially
vulnerable to these illnesses already. Therefore, the human rights violation is that prisons are not
adequately treating prisoners’ illnesses, and not that prisons may or may not be causing inmates to
develop mental illnesses. The study points out that these illnesses can be treated with medication,
signaling that this issue has a simple solution. However, it is important to note that not all prisons
have the funding or infrastructure needed to treat the prisoners.
The treatment of prisoners, whether it is with medication or therapy, is recommended because of
potential beneficial results. These results include reducing the risks of suicide and self-harm within
custody, and reducing the possibility of reoffending after release.109 Reoffending is the act of
committing another offence, is prevalent in most countries, with numbers reaching as high as 50%
in the United States and United Kingdom within two years of release; therefore, the treatment of
mental illnesses in prisoners can have a large impact on public safety.110 When prisoners with mental
illnesses are released back into society without treatment, they can pose a danger to the people and
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
106 Seena Fazel and Katharina Seewald, “Severe Mental Illness in 33588 Prisoners Worldwide: Systematic Review and
Metaregression Analysis,” The British Journal of Psychiatry 200, No. 6 (2012): 364-373, accessed 23 June 2014,
http://bjp.rcpsych.org/content/200/5/364.full.
107 Ibid.
108 Ibid.
109 Ibid.
110 Ibid.
104
105
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environment around them. In New York, Daniel St. Hubert stabbed two children in an elevator
after being released from prison and serving five years on an attempted murder charge.111 He was
diagnosed with schizophrenia during his time in prison and needed medication and supervision after
his release.112 However, due to a lack of follow through, St. Hubert never received the treatment he
needed, which could have prevented this atrocious crime from occurring.113 This incident only
shows the need for mental illnesses in prisoners to be treated. There have also been other reports
and journal articles that support the thesis that treating mental illnesses in prisoners has a large
impact on public safety and the extent of the possible effects of these findings is tremendous. The
number of released prisoners who reoffend can drastically decrease with increasing attention on
their mental health.114 Therefore, not only will prisoners’ right to health be respected by the
accessibility to mental medical care, society at large can benefit.
A joint report published by the Treatment Advocacy Center, entitled “The Treatment of Persons
with Mental Illness in Prisons and Jails: A State Survey,” explores possible solutions to the issue of
mental health illnesses in prisoners.115 Many recommendations require changes in laws and practices
to accommodate the circumstances mental illness prisoners bring. For example, the report
recommends that the community reforms mental illness treatment laws and practices “to eliminate
barriers to treatment for individuals too ill to recognize they need care, so they receive help before
they are so disordered they commit acts that result in their arrest.”116 They also recommend
establishing “careful intake screening” to ensure that medication needs, possibilities of self-harm,
and other risks associated with mental illnesses are identified.117 Delegates should use examples like
these when considering how this committee can comply with prisoners’ rights and their mental
health. It is important to remember the lack of international guidelines when dealing with prisoners’
mental health specifically, which is something SOCHUM can work toward providing.
CURRENT STATUS
Recent Actions by SOCHUM
The need for revision of prisoner-related standards was discussed and emphasized in the 21st and
22nd General Assembly (GA) meetings in 2013. The Special Rapporteur on torture, Juan Mendez,
stated to SOCHUM that the UN standards for the treatment of prisoners were outdated.118 He
emphasized that revisions were needed specifically in the areas of solitary confinement and
investigation of the validity of charges.119 He suggested that SMRs should prohibit the use of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
111 Julia Dahl, “Child Stabbing Puts Focus on Mental Health Care After Prison,” CBS News, 6 June 2014, accessed 7 Aug.
2014, http://www.cbsnews.com/news/child-stabbing-puts-focus-on-mental-health-care-after-prison/.
112 Ibid.
113 Ibid.
114 The Treatment of Persons with Mental Illness in Prisons and Jails: A State Survey (Treatment Advocacy Center, 2014), accessed
1 July 2014, http://www.tacreports.org/storage/documents/treatment-behind-bars/treatment-behind-bars.pdf.
115 Ibid.
116 Ibid.
117 Ibid.
118 GA/SHC/4075, “ ‘Outdates’ Prisoner-Related Standards Need Revising, Says Special Rapporteur as Third
Committee Discusses Human Rights,” accessed 23 June 2014,
http://www.un.org/News/Press/docs/2013/gashc4075.doc.htm.
119 Ibid.
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indefinite solitary confinement because “solitary confinement could amount to torture if used
intentionally.”120 Mendez also stressed that there still exists a lack of prompt and impartial
investigations of acts of torture or ill treatment in prisons. He states that “The decision to conduct
an investigation is not discretionary, but rather an obligation, irrespective of whether a complaint
was filled or not.”121 Mendez’s concerns were not the only ones voiced to SOCHUM that day. Other
UN experts also beseeched the committee to recognize the importance of revising SMRs and the
importance of prison-related standards, as these standards represent an inherent right of prisoners.
Clearly, these voices once again highlight the need for revised standards and legislation. Delegates
should remember to keep the issues of torture, solitary confinement, and prompt investigation in
mind when considering new and creative solutions for this topic. After these sessions, the expert
group on the Standard Minimum Rules for the Treatment of Prisoners has met three times.
Information on this group and what they have accomplished are discussed in the following section.
Expert Group on the Standard Minimum Rules for the Treatment of Prisoners
In the past few years, the UN has indeed made efforts to improve the treatment of prisoners. The
GA requested in 2011, through its resolution 65/230 entitled “Twelfth United Nations Congress on
Crime Prevention and Criminal Justice,” that the Commission on Crime Prevention and Criminal
Justice establish “an open-ended intergovernmental expert group.” 122 The purpose of this expert
group is to make recommendations to the Commission on how to proceed with the treatment of
prisoners. They do this through exchanging information on best practices, best national legislations,
and existing international laws relating to prisoners’ rights.123 This information would then be shared
with the GA. The group also proposes revisions for the existing SMRs, so that “they reflect recent
advances in correctional science and best practices.”124 The group has been established and they
have already met three times: once in Vienna, Austria, from 31 January to 2 February 2012, once in
Buenos Aires, Argentina, from 11-13 December, and another in Vienna, Austria, from 25-28 March
2014. In exchange, the Secretariat is preparing a working paper which examines the adopted
international instruments, standards and norms, recognizes guidelines and principles, identifies rules
in the SMRs that may have to be revised, and develops proposals for discussion among all Member
States.125 Delegates should examine what changes have been proposed and use these proposals as
guidelines for other possible ideas that can improve prisoners’ rights. The changes the expert group
can bring will signify a concrete beginning to the improvement of the treatment of prisoners
worldwide. As a committee, SOCHUM can help the process by supporting the work done by the
group and ensuring that they receive the information they need to make quality proposals.
The Force Feeding of Prisoners in Israel
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
120 GA/SHC/4075, “ ‘Outdates’ Prisoner-Related Standards Need Revising, Says Special Rapporteur as Third
Committee Discusses Human Rights.”
121 Ibid.
122 A/Res/65/230, “Twelfth United Nations Congress on Crime Prevention and Criminal Justice,” 1 April 2011,
accessed 1 July 2014, http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/65/230.
123 Ibid.
124 Ibid.
125 United Nations Office on Drugs and Crime, accessed 1 July 2014, https://www.unodc.org/unodc/en/justice-and-prisonreform/expert-group-meetings6.html.
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On 24 April 2014, hundreds of Palestinian prisoners started a hunger strike to protest the fact that
many of them were imprisoned without charges or trials, as well as the inadequacy of treatment they
have received while in Israeli prisons.126 In response, the Israeli parliament, the Knesset, is in the
process of voting on a bill that would amend the Prisons Act to allow the force-feeding of
prisoners.127 This has caused pronounced global outrage, and UN experts have expressed their
objections. Mendez (mentioned above) stated, “It is not acceptable to force-feed or use threats of
force-feeding or other physical psychological coercion against individuals who have opted for the
extreme recourse of a hunger strike to protest against their detention without charge and conditions
of detention and treatment.”128 He added that as long as the actions are voluntary, prisoners’ desires
to not eat have to be respected.
The amendments would require doctors who decline to carry out the force-feeding to name a doctor
who would. The Special Rapporteur on the right to health, Anand Grover, has been quoted as
saying, “Healthcare personnel may not apply undue pressure on individuals who have decided to go
on hunger strike… Prisoners’ rights to control their health, body, and be free from interference such
as non-consensual medical treatment are fundamental elements of the right to health that must be
respected and protected.”129 However, despite recognizing SMRs and international disapproval, the
Israeli parliament seems intent on passing the bill. If passed, Israeli doctors and officials will
effectively have the national approval to force feed Palestinian prisoners. The lack of respect the
Israeli government has towards the declarations of the UN only brings to light a more pressing issue:
that many UN resolutions and guidelines relating to human rights issues are often ignored by
governments. While this committee must respect the national sovereignty of all countries, it also
must consider ways to more effectively encourage states to apply their laws and adhere to
international protocol. Government accountability and international cooperation is needed for the
rights of prisoners to be respected and protected.
Neglected Needs: Girls in the Criminal Justice System
After the introduction of the Bangkok Rules in 2010, the Interagency Panel on Juvenile Justice (IPJJ)
published a report in 2014 examining problems girls face with the criminal justice system.130 The
Bangkok Rules are the UN Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders, which specifically addresses the needs of women prisoners.131 The
report, titled Neglected Needs: Girls in the Criminal Justice System, also contains recommendations for
improving the protection of the rights of girls.132 Some of the issues the report mentions that girls
face are specific health, hygiene and sanitary needs, and the fact that they are at a higher risk of
substance abuse, self harm, mental health issues, HIV and other sexually transmitted diseases.133 The
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“UN Human Rights Experts Urge Israel Not to Legalize Force-Feeding,” UN News Centre, 25 June 2014, accessed 26
June 2014, http://www.un.org/apps/news/story.asp?NewsID=48128#.U7JuAo1dV7Y.
127 Ibid.
128 “Force-Feeding is Cruel and Inhuman – UN experts Urge Israel Not to Make It Legal,” United Nations Human Rights,
25 June 2014, accessed 26 June 2014,
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14770&LangID=E.
129 Ibid.
130 Neglected Needs: Girls in the Criminal Justice System
131 A/RES/65/230.
132 Neglected Needs: Girls in the Criminal Justice System.
133 Ibid.
126
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report mentions the critical issue of the lack of commitment from governments in following the
Bangkok Rules, which is also an issue affecting the rights of all prisoners. The publication of this
report suggests that the face of prisons is changing, and that it is becoming more common for young
people, especially girls, to be seen in them.
The IPJJ is a “coordination panel on technical advice and assistance in juvenile justice” which was
established as the result of UN Economic and Social Council (ECOSOC) Resolution 1997/30.134
The panel is composed of UN agencies and several non-governmental organizations (NGOs). The
combination of UN agencies and NGOs ensures that the advisory services provided have the
provisions they may need. Their primary aim is to “increase the availability of information,
publications, tools & advice on juvenile justice.”135 In this report from the IPJJ, it especially notes the
discrimination in the criminal justice system. Often times, girls have limited access to justice, due to
the fact they may be reliant on family members to assist with the financial costs of being a defendant
in criminal proceedings. It is even more challenging if the family abandons the girl due to the stigma
attached to the charge. The report also includes recommendations for eliminating this discrimination
by suggesting that girls receive “timely, effective, specialized and competent legal representation”
and that imprisonment be used as a last resort.136 This could prevent the girl from receiving prison
time and also helps educate the family in coping with the situation.
The usage of imprisonment as a last resort is especially important to girls who are mothers. In the
Preamble to the Bangkok Rules, it is said “when sentencing or deciding on pre-trail measures for a
pregnant woman or a child’s sole or primary caretaker, non-custodial measures should be preferred
where possible and appropriate, with custodial sentences being considered when the offence is
serious or violent.”137 Essentially, the preamble is emphasizing that women who are pregnant or the
sole/primary caretaker should be given sentences that do not involve detention or jail time when the
situation allows it. This is meant to not only protect mothers, but also the child, as a mother’s
imprisonment can have a devastating effect on a child.138
This publication of this report only further shows that SMRs and prisoners’ rights in general need to
receive more global attention. Delegates should recognize that further attention need to be spent on
protecting the new faces in prisons. There is an increasing number of girls in prisons, and they need
to be protected. Reports and discussions on protecting girls in the prison system are helpful, but
delegates should focus on the implementation of these guidelines.
BLOC ANALYSIS
The state of prisoners’ rights in a country is strongly influenced by the political stability and the
social history of the country. The following blocs are divided by geographically because countries
within a region tend to have similar prison environments. However, it is important to note that there
are exceptions in every bloc, and that not all countries within the same bloc are the identical.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Interagency Panel on Juvenile Justice, accessed 26 June 2014, http://www.ipjj.org/.
Interagency Panel on Juvenile Justice, accessed 26 June 2014, http://www.ipjj.org/about-us/ipjj/.
136 Neglected Needs: Girls in the Criminal Justice System.
137 Ibid.
138 Ibid.
134
135
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Therefore, delegates must research the policies and beliefs of their own country. This can include
the following: whether or not the country has adopted and followed international standards like
SMRs and the Bangkok Rules, the situation within prisons in the country, and the emphasis of
prisoners’ rights by the government. Finally, keep in mind that while delegates should adhere to their
own country’s policy at all times, the solutions to this issue should be tailored to many or all member
states rather than just one country specifically.
Sub-Saharan Africa
Prison conditions are extremely poor across Africa, with severe overcrowding and chronic lack of
sanitation. In South Africa, as many as three men may share a single cell, and communal cells are
crammed with double the intended prisoners, causing men to sleep in double or triple bunks.139 In
Liberia, inmates have to take turns to sleep because the cells are so small.140 These poor conditions
are partly due to the fact that many African countries are still developing and cannot, or will not,
provide better facilities at this time. Although there is little formal adaptation or acknowledgement
of resolutions and models for prison treatment by the countries of this bloc, sometimes with the
help from NGOs, many governments are actively trying to improve prison conditions within their
country.141 For example, in 2006, Nigeria established boards compromised of human rights
advocated and law enforcement representatives in all of its prisons.142
Throughout most of the region, torture is used commonly to extract confessions, and it is a deeply
rooted practice in the culture of security forces in several countries across Africa, including Sudan,
Ethiopia, Nigeria, and Kenya.143 The African Charter on Human and People’s Rights explicitly
prohibits torture, and all member states, except for South Sudan, have signed and ratified the
Charter; however, despite this fact, only ten states have national legislation that criminalizes the
act.144 In Mauritania, courts have stated that “confessions” extracted under torture are admissible as
evidence.145 In countries in which homosexuality is illegal, individuals perceived as gay are forced to
endure forms of torture that include mandatory anal examinations.146 This is extremely troubling as
many countries in this bloc have laws that imprison homosexuals, including Algeria, Libya, and
Ethiopia.147 Other forms of abuse against prisoners, including beatings and rape, are common in
several countries.148 In Eritrea, individuals have been beaten, forced to walk on sharp objects
barefoot, or to roll on the ground over sharp stones to satisfy the demands of government and
prison officials.149
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
139 Laura Smith Spark “What’s Life Like In A South African Prison?” CNN World, 3 March 2014, accessed 1 July 2014,
http://www.cnn.com/2013/02/21/world/africa/south-africa-prison-conditions/index.html.
140 Torture in 2014.
141 Jeremy Sarkin, “Prisons in Africa: An Evaluation from a Human Rights Perspective,” Sur International Human Rights
Journal 9, No.13 (March 2009): 22-49.
142 Ibid.
144 Ibid.
145 Ibid.
146 Ibid.
147 “Where Is It Illegal To Be Gay?” BBC, last modified 19 Aug. 2014, http://www.bbc.com/news/world-25927595.
149 Ibid.
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The situation in this region is troublesome, but many countries have expressed the desire for change.
For example, in 2013, more than 30 officials from African countries attended a workshop in
Mozambique about managing prisons and training prison staff.150 The workshop was conducted
under the NGO, Penal Reform International, a group that advocates for criminal justice reform
worldwide.151 During the workshop, state officials learned about the necessity of including human
rights considerations in prisoner care, custody, and management.152 The officials’ request for such a
workshop, and the positive feedback, is a small step in the right direction. Yet much more work
needs to be done. During research, countries in this bloc should first review their history relating to
prisoner treatment and acknowledge what their government needs from the prisons in their
respective countries. Then, these countries should focus on what their respective government labels
as a priority in regards to the issue of prisoners’ rights. Finally, delegates should develop solutions
that address the main concerns in their respective country, but also can be tailored to the needs of
other countries.
North and South America
This bloc contains North and South America. Although some countries in this area are labeled as
developed countries, the treatment of prisoners in this area does not measure up to UN standards.
Countries such as Mexico and Brazil have recently gone through periods of riots, which results in
more violent behavior towards prisoners. In July 2013, law enforcement officers in Parana, Brazil,
allegedly beat, suffocated, and applied electric shocks to four men in order to force them to the rape
and murder of a fourteen year-old girl.153 In August 2013, camera footage was leaked to the press
showing prison guards from the Vila Maria prison complex in Sao Paulo, Brazil, beating six
children.154
Throughout the region, poor prison conditions are commonplace, with overcrowding being the
main issue. Haiti’s prison systems are severely overcrowded, mostly because there have been high
numbers of arbitrary arrests and prolonged pretrial detentions.155 In the United States, many
thousands of inmates are confined in small cells for 22 to 24 hours a day.156 This can be labeled as
cruel, inhumane, or degrading treatment. In many South American countries, torture is used as a
form of punishment against inmates or used to extract confessions from suspects. In Brazil, a man,
Amarillo Souza, was missing after being arrested by military police in July 2013.157 An investigation
conducted by authorities concluded that he died after being subject to torture by the Pacifying Police
Unit of Rocinha while he was illegally detained for questioning. The doubling of wrongdoings, first
the illegal detainment and then the torture, by the police only further emphasizes the severity of the
prisoner-treatment situation in Brazil.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
150“African
Prison Officials Attend Human Rights Training,” The Common Wealth, 21 Feb. 2014, accessed 8 Aug. 2014,
http://thecommonwealth.org/media/news/african-prison-officials-attend-human-rights-training.
151 Ibid.
152 Ibid.
153 “World Report 2014: Brazil,” Human Rights Watch, accessed 19 Aug. 2014, http://www.hrw.org/worldreport/2014/country-chapters/brazil.
154 Ibid.
155 “World Report 2014: Haiti,” Human Rights Watch, accessed 19 Aug. 2014, http://www.hrw.org/worldreport/2014/country-chapters/Haiti.
157 Ibid.
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The lack of effective investigations into the reports of current and past torture and abuse also shows
the position of many countries in this bloc. Many of these governments either lack the resources or
choose to spend their funds on different sectors. It is important that delegates distinguish which
section their country falls into, as that will influence their own policies on this topic. Delegates must
examine their countries’ policies and understand what their country will always support.
Eastern Europe and Central Asia
Torture and ill-treatment of prisoners remain widespread throughout the countries of this bloc.158
While the purpose of using torture directed towards prisoners is to deal with suspected members of
separatist or Islamist groups, it remains a common part of ordinary law enforcement, as “corrupt
and under-resourced police forces continue to find forced confessions the easiest rout to the
convictions expected from them and extortion a useful source of supplementary income.” 159 There
is also severe over-crowding in many European prisons, which will be further discussed in the
Western Europe bloc.160
Forced confessions are still deeply engrained in the cultures of many former Soviet Union countries.
Torture methods include beating, suspensions from ceiling hooks, and inserting needles under finger
or toenails.161 In Tajikistan, Umed Tojiev broke his legs by jumping out of a third floor window of
the police station after being forced to confess to terrorism; he died on 19 January 2014.162 Tragedies
such as this only further prove that there is a lack of prisoner rights in this area. Despite the ill
treatment throughout some of these countries, Belarus is the only European country that still uses
the death penalty.163
Aside from reports of torture in prisons, there are also other reports of poor conditions faced by
prisoners.164 In Turkey, the Parliament’s Human Rights Research Commission’s Prisons
Subcommittee found that three prisons in the southern province of Antalya had “inhumane
conditions,” including food containing insects, beatings, water problems that lead to hygiene issues,
and full body cavity searches.165 In the report released in 2013, they found that gay and transsexual
inmates in prison “suffer twice as badly for their sexual identities,” and many of them complain
about their emotional health.166 It is interesting to note that Amnesty International named Turkey as
the country in Europe and Central Asia “that has made the greatest strides in reducing, if not
eliminating, torture in places of detention over the last decade” in their 2014 report.167 The denial of
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
160 “New Report on Europe’s Prison Crisis,” Human Rights Europe, 3 May 2014, accessed 18 Aug. 2014,
http://www.humanrightseurope.org/2013/05/new-report-on-europes-prison-crisis/.
162 Ibid.
163 Death Sentences and Executions 2013 (New York: Amnesty International, 2013), accessed 18 Aug. 2014,
http://www.amnestyusa.org/research/reports/death-sentences-and-executions-2013.
164 “Parliamentary Report Reveals Inhumane Conditions in Turkish Prisons,” Hurrinet Daily News, 10 Dec. 2013, accessed
18 Aug. 2014, http://www.hurriyetdailynews.com/parliamentary-report-reveals-inhumane-conditions-in-turkish-prisons.aspx?pageID=238&nID=59339&NewsCatID=339.
165 Ibid.
166 Ibid.
158
159
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police abuses is still the automatic reaction across this bloc. Investigations are rarely thorough or
produce a legitimate case. Delegates will have to closely research their countries’ past actions and
determine what policies their countries support.
Western Europe
Countries in Western Europe generally provide better treatment to prisoners than those in the other
blocs. This is mostly due to the fact that these countries are all developed states and have sufficient
funds and effective legislation addressing the human rights of prisoners. However, there are still
issues facing prisoners in these countries. The major issue is the overcrowding in prisons and the ill
treatment of prisoners within counter-terrorism operations.
The 2011 Council of Europe Penal Statistics (SPACE I) survey published in May 2013, stated that
overcrowding in prisons remained a major concern.168 In 2011, the average European prison
population rate grew from 149 to 154 inmates per 100,000 inhabitants, while the size and number of
the institutions did not grow to accommodate this growth.169 Overcrowding in prisons can result in
fewer resources and poorer living standards for prisoners.
The 2014 Amnesty International report on Torture states that while torture and other ill treatment
are relatively rare occurrences in ordinary criminal justice contexts, when it does occur, it is common
for the incidents to go un- or severely under-punished.170 Although this topic focuses on civilian
prisoners and not prisoners of war, delegates should know that some governments in this bloc do
facilitate rendition flights, where terrorist suspects are sent to be interrogated in a country with less
rigorous regulations for the treatment of prisoners, and host secret detention centers. However,
there are rare cases where these acts of torture are convicted. In 2013, US and Italian operatives
were convicted in Italy for the 2003 kidnapping of Abu Omar, who was later one sent to Egypt
where he was tortured. Overall, delegates in this bloc should research the legislation and past actions
of their government relating to the human rights of prisoners. An understanding of what the
government will support and will not support is vital. As the lack of rights of prisoners is not a
prevalent issue in these countries, delegates should use actions of their governments from the past to
help develop solutions to this problem that could relate to other member states.
Asia-Pacific Region
Most countries in this region have torture deeply rooted in their culture, such as Japan and China.
Torture is used constantly, but investigations into the usage are extremely rare. This region also
includes China and North Korea: two countries that provide some of the harshest treatment
towards their prisoners.171 According to Human Rights Watch, people arrested in North Korea are
routinely tortured by officials seeking bribes and obedience through “beatings with iron rods or
sticks, kicking and slapping, and enforced sitting or standing for hours.”172Abuse in detentions to
force out confessions is very common in many of these countries. During interrogations, prisoners
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“New Report on Europe’s Prison Crisis,” Human Rights Europe.
Ibid.
171 Ibid.
172 “World Report 2014: North Korea,” Human Rights Watch, accessed 19 Aug. 2014, http://www.hrw.org/worldreport/2014/country-chapters/north-korea.
168
169
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are tortured to “confess,” which sometimes results in death. In January 2014, a “torture roulette
wheel”, which presented a list of torture positions, such as hanging the detainee upside down for 30
seconds, was discovered in a secret police intelligence facility in the Philippines.173 In Maldives, the
act of flogging is still used as a sentence by courts.174
Furthermore, prison conditions are extremely harsh throughout the region. Countries such as North
Korea and China require some prisoners to work in inhumane and dangerous conditions.175 Asides
from horrific living conditions and abuse, some prisoners are forced to do physical labor such as
mining, logging, and agricultural, all with rudimentary tools.176 Punishments, usually beatings or
forcing inmates to remain motionless for prolonged period of times, are given if work is done too
slow or inmates forget prison rules. All of these combined with lack of food and medical care result
in many deaths of prisoners in custody. In Pakistan’s North-Western tribal areas, the Armed Forces
have arbitrarily arrested thousands of men and boy and forced them into secret detention centers.177
A boy who was once held in one of the centers described his experience in 2013: “For the first five
days they beat us constantly with leather belts across our backs… [The soldiers] would threaten to
kill me if I didn’t confess to being part of the Taliban.”178
Many countries in this bloc rely on the current prison system to ensure the political climate in their
country. It would be unrealistic for China or North Korea to abandon their methods. However,
countries that have a less extreme political environment, such as Vietnam, can try to decrease the
amount of abuse that occurs within their systems. Delegates must ensure that they abide with the
beliefs of their respective countries and develop solutions that tailor to the needs of their country
that would be relatable to other member states.
Middle East and North Africa
This area is still a largely politically instable area that relies heavily on a strong police or military
presence. This reliance means that not only have torture and other ill-treatment become even more
common in prisons and detention centers, but governments rely on these kind of actions.
Governments use torture and ill-treatment to control the people within the country and to remain in
power. In Iraq for example, more than 30 people are believed to have died in custody because of the
treatment of prisoners between 2010 and 2012.179 The situation is similar in many other countries,
including Libya, where Amnesty International documented 23 cases of deaths under torture since
the end of the Libyan Civil War in 2011.180
Many states here may take the stance that their actions are necessary to build back their government.
For example, in Syria, reports of torture and other ill treatment of prisoners have exponentially
increased since the protests in March 2011, which led to brutal response from authorities.181 The
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Torture in 2014.
Ibid.
175 Ibid.
176 “World Report 2014: North Korea.”
178 Ibid.
179 Ibid.
180 Ibid.
181 Ibid.
173
174
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practices are used against those detained for suspected involvement in opposition activities,
including peaceful activists.182 Delegates representing countries in this bloc should research the
policies of their respective country and the correlation between state policies to the political state of
the country.
It is important to note that there are NGOs in this region working to improve the state of human
rights of prisoners. In particular, Penal Reform International (PRI) has worked in this region since
1991 and has operations in several countries, including Algeria, Morocco, and Kuwait.183 Their
current work focuses on promoting non-custodial sanctions, promoting the abolition of the death
penalty, and supporting countries to adopt national and integrated plans for reform.184 In September
2014, PRI launched the first ever General Comment form the African Committee of Experts on the
Rights and Welfare of the Child (ACERWC), which aimed to “ensure non-custodial sentences are
always considered first for pregnant women and mothers of young children.”185 Delegates should
look into whether or not NGOs have attempted to work with their respective governments, and the
results of these endeavors. Overall, delegates in this bloc should research the past actions of their
governments relating to prisoners and prisoner treatment. An understanding of the political
environment will help delegates think of solutions that would relate to their countries, but can also
apply to other member states. It is extremely important for delegates to follow the beliefs of their
respect countries, and not stray from government policies.
COMMITTEE MISSION
The task of improving the standards and guidelines relating to the rights of prisoners is not entirely
novel to SOCHUM. Delegates can gather information from many different sources, some of them
UN, and use the information as inspiration for new ways of improving the situation. Delegates must
consider what major aspects need to be revised or changes, and in what format would this change
occur. As a whole, the Committee must focus on two main aspects: the selection of which aspects
need to be revised and updated and how this would happen, and the development of possible
policies that would encourage more Member State activity and following. In the section regarding
the revision and updating on current policies, delegates will have to analyze how SOCHUM can
encourage changes to SMRs and other existing guidelines for prisoners’ rights. Topics such as
mental health, torture in prisons, and foreign prisoners should be discussed, as well as other areas
that require improvement. It is also important to consider the crucial role NGOs play in the
advocacy and protection of prisoners’ rights.
In the section regarding the application of guidelines, delegates must consider many things. Many
developing countries do not have the political stability or economic means to ensure that prisoners’
rights are rightly respected. SOCHUM can suggest new means of aiding these countries in the
implementation of new and existing guidelines. There are many ways of encouraging countries to
abide by UN guidelines and delegates should consider these while thinking of edits for SMRs.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
“Middle East and North Africa,” Penal Reform International, accessed 8 Aug. 2014,
http://www.penalreform.org/where-we-work/middle-east-and-north-africa/.
184 Ibid.
185 Ibid.
182
183
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Although SOCHUM cannot force nations to follow international policies, the committee has the
ability to foster situations in which countries will choose to implement and respect UN guidelines.
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TOPIC B: SOCIAL-CULTURAL INFLUENCES ON
WOMEN’S HEALTH IN THE DEVELOPING WORLD
INTRODUCTION
In 1995, the UN Office of the High Commissioner for Human Rights (OHCHR) published Fact
Sheet No. 23, Harmful Traditional Practices Affecting the Health of Women and Children.186 This
document defines traditional cultural practices as ones that “reflect values and beliefs held by
members of a community for periods often spanning generations.”187 Two decades later, all of the
traditional cultural practices mentioned in the fact sheet are still prevalent. This includes practices
such as female genital mutilation/cutting (FGM/C), son preference, forced-feeding, and child
marriages. These practices all have detrimental effects on women’s health. For example, FGM/C
can result in infections, excessive bleeding, and sometimes-even death and forced-feeding can result
in high blood pressures, hypertensions, and heart diseases.188 The severity of the consequences of
these practices has not affected the commonality of many of the traditions, as the UN Children’s
Fund predicated if the rates of decline of child marriage in the past three decades are sustained, the
impact of population growth means the number of women married as children (more than 700
million) will remain flat through 2050.189
As the Social, Cultural, and Humanitarian Committee (SOCHUM), this body has the obligation of
addressing the socio-cultural influences on women’s health in the developing world. It is important
for delegates to understand that both short-term and long-term solutions are necessary for this issue.
First, existing health problems facing women have to be addressed. Women in developing countries
have more difficulty accessing the health facilities they need.190 This results in a large discrepancy
between life expectancies: in 2011, women’s life expectancy was more than 80 years in 46 countries,
but only 58 years in the WHO African Region.191 This substantial difference suggests that there is
still a huge gap between health care resources in the developing world when compared to the
developed world. The long-term solutions to this issue should focus on the roots of this issue.
Delegates should look at two major areas: government accountability and education. Government
accountability will allow women to have legal protection from these harmful practices while the
education aspect will prevent future influences from occurring.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
186 “Fact Sheet No.23, Harmful Traditional Practices Affecting the Health of Women and Children,” Office of the United
Nations Commissioner for Human Rights, accessed 6 July 2014,
http://www.ohchr.org/Documents/Publications/FactSheet23en.pdf.
187 Ibid.
Nations Commissioner for Human Rights; Mohamed Yahya Abdel Wedoud, “Women Fight Mauritania’s Fattening
Tradition,” CNN, 12 Oct. 2010, accessed 12 July 2014,
http://www.cnn.com/2010/WORLD/africa/10/12/mauritania.force.feed/.
189 “Child Marriage,” UNICEF, last modified 11 Aug. 2014, accessed 17 Aug. 2014,
http://www.unicef.org/protection/57929_58008.html.
190 “Women’s Health,” World Health Organization, last modified Sept. 2014,
http://www.who.int/mediacentre/factsheets/fs334/en/.
191 Ibid.
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HISTORY AND DESCRIPTION OF THE ISSUE
Past Practices in Asia
The continent of Asia contains several developing countries, and many of them are known for strict
and unique cultural practices for women. Beauty ideals have varied greatly in Asia in the past
centuries. However, there have been many documented practices related to perception of beauty
that have harmed the health and wellbeing of women throughout history. One of the most infamous
cultural practices is the custom of “foot-binding”. The practice dates back to the Song dynasty
between 960-1279 CE, when Li Yu, the ruler of China between 961 and 975 CE, was said to have
fallen in love with a dancer who had bounded feet.192 Soon, foot binding became associated with the
wealthy, and many girls saw it as their only way to marry into a rich family. The government did not
ban this practice until 1912, and families still continued to practice in secret even after, so there are
many older women alive today that have personally suffered the consequences of this beauty ideal.193
A recent study done by UC San Francisco studied the prevalence and consequences of foot binding
as a part of a larger study of osteoporosis.194 The study examined a randomly selected sample of 193
women in Beijing, all over the age of 70. It showed that women in the 80 years or older group with
bound feet had a higher chance of falling than women without bound feet, and that they were less
able to rise from a chair without assistance.195 Women with bound feet also had a greater risk of
suffering hip or spine fractures. Foot binding was one of the first practices that showed that the
female body can and should be altered from its natural state.196 Fortunately, this practice has expired
in most places due to changed social beliefs of the current society.
In many other Asian cultures, white skin for women was preferred for centuries. The practice of
using powder to whiten the face in China started in the Song period (960-1279), but historical
documentation also shows that it was used in countries such as Japan and Korea.197 Although some
women used rice powder, others used a type of lead powder. This powder was made by putting
vinegar on lead.198 Unfortunately, this powder was easily absorbed through the skin, leading to lead
poisoning.199 Lead poisoning can cause declines in mental functioning, memory loss, and other
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
192 Tara Brady, “Meet the Last of China’s Women to Have Her Feet Bound: 102-Year-Old Subjected to Ancient Custom
Had Her Toes Broken When She Was Just Two-Years-Old,” Daily Mail, 23 Sept. 2013, accessed 13 July 2014,
http://www.dailymail.co.uk/news/article-2429992/Han-Qiaoni-102-woman-bound-feet-toes-broken-just-2.html.
193 Ibid.
194 “Chinese Girl with Bound Feet,” San Francisco Museum, accessed 13 July 2014,
http://www.sfmuseum.org/chin/foot.html.
195 Ibid.
196 Tracey Owens Patton, “Hey Girl, Am I More Than My Hair?: African American Women and Their Struggles With
Beauty, Body Image, and Hair,” NWSA Journal 18, No. 2 (Summer 2006): 24-51, accessed 8 July 2014,
http://www.jstor.org/stable/pdfplus/4317206.pdf?acceptTC=true&jpdConfirm=true
197 Cho Kyo, The Search for the Beautiful Women (Lanham, Maryland: Rowman & Littlefield Publishers, 2012).
198 Ibid.
199 “History Lesson: Lead, Mercury and Leeches Were Used to Whiten Complexions in the 1400s,” Whiterskin, last
updated 3 May 2014, http://www.whiterskin.info/history-lesson-lead-mercury-and-leeches-were-used-to-whitencomplexions-in-the-1400s/.
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severe symptoms.200 Eventually this practice faded away because of increased understanding of the
consequences over time.
These examples are proof that culture, customs, and traditions are never always static. They are
transformed by time and the current value systems of a particular culture or group. Human rights
norms can therefore “impact and help to reinforce aspects of culture and tradition that are positive,
undermining those that contribute to violence against women and infringement of their human
rights.”201 It is important for delegates to recognize what problems exist today and for delegates to
develop solutions that can address current issues and prevent future problems from occurring.
Obesity in Women from Arabic Speaking Countries
Social and cultural influences can affect many different aspects of women health. In many Arabspeaking countries, these influences affect women’s vulnerability to obesity and the diseases
associated with it. The World Health Organization (WHO) defines overweight as a body mass index
(BMI) greater than or equal to 25 and obesity as a BMI greater than or equal to 30.202 Body mass
index is “a simple index of weight-for-height that is commonly used to classify overweight and
obesity in adults.”203
A report published by the Journal of Obesity in 2011 addressed the issue of obesity in Arabicspeaking countries.204 The report shows that Kuwait, Egypt, and United Arab Emirates (UAE) all
have a female obesity rate of approximately 50%, with Kuwait having the highest rate at 55.2%.205
Although countries such as Bahrain, Jordon, Saudi Arabia, and Lebanon all have lower female
obesity rates, these rates are still higher than the UK, Greece, and Israel.206 The report suggests that
illiteracy might play a huge factor in the high percentages of female obesity: lack of education leads
to an absence of acknowledgement and appreciation of the health risks associated with obesity.
Furthermore, “Cultural desirability of some degree of obesity on grounds of beauty, fertility, and
prosperity” is another contributing factor to the high obesity rates.207 The report specifically uses
Syria as an example of the relationship between the level of education and obesity: the percentage of
obese women with minimal formal education is 63 percent, while the percentage is only 11 percent
within women who receive an advanced level of education.208 The emphasis of the role that
traditions and cultural norms play in the high percentage of female obesity in developing countries is
an example of harmful socio-cultural effects on women’s health. Obesity can lead to coronary heart
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“Lead Poisoning,” Mayo Clinic, last modified 10 June 2014, http://www.mayoclinic.org/diseases-conditions/leadpoisoning/basics/symptoms/con-20035487.
201 “Fact Sheet No.23, Harmful Traditional Practices Affecting the Health of Women and Children.”
202 “Obesity and Overweight,” World Health Organization, last modified May 2014,
203 Ibid.
204 Mohammad Badran and Ismail Laher, “Obesity in Arabic-Speaking Countries,” Journal of Obesity (August 2011),
accessed 6 July 2014, http://www.hindawi.com/journals/jobe/2011/686430/.
205 Ibid.
206 Ibid.
207 Ibid.
208 Ibid.
200
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disease, diabetes, and cancers.209 These diseases could be avoided by an increase in education
regarding physical activity and women’s health.
However, simply encouraging education efforts among these countries is not sufficient: the report
mentions that restrictions in lifestyle choices due to traditions and customs are also influencing
women’s health while limiting independent, educational opportunities. Many cultures restrict females
from accessing physical activities, which lead to increased vulnerability to obesity. For example,
Muslim women are encouraged to act modestly at all times and wear clothing that cover their
bodies, which restricts women from exercising because it can be a burden and sometimes a safety
burden.210 One of the main reasons for obesity in Arabic speaking countries is that there are many
barriers for practicing physical activity among women.
A report written by Dr. Abdulrahman O. Musaiger identified five main obstacles preventing physical
activity among women in Arab countries: economic barriers, social barriers, psychological barriers,
cultural barriers, and environmental barriers.211 Many of these barriers center back to social and
cultural influences. The social barriers are “women’s” duties, such as household chores, husband,
and children.212 The psychological barriers are lack of motivation personally, and lack of
encouragement from family and husbands. Underlying both of these are the cultural barriers. Under
Islamic law, women are encouraged to wear clothing that covers their entire bodies, except for their
face and their hands, at all times, including while they are exercising.213 In some Arab cultures, girls
and women are not allowed by other family members to practice sports or exercise outdoors.214 This
prevents some women from getting the physical activity they need to avoid obesity. Especially in
non-Muslim countries, it can be difficult for Muslim women to participate in physical activities
because of the lack of segregated facilities.215 It is important to note that not all Muslim-countries
have always been this way. For example, wearing the hijab in Iran was only common after the
revolution, in 1979, when the new government declared it mandatory.216 Before then, Iran was seen
as a very Western and modern country, where women enjoyed a more Western-definition of
freedom and independence from traditional roles.217 This only shows how social practices change
with different norms, political influences, and educational methods. Although today there are more
options for these women, such as female-only exercise facilities and better sports-wear, there are still
improvements that can be made.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
209 “The Health Effects of Overweight and Obesity,” Centers for Disease Control and Prevention, last modified 6 Dec. 2014,
http://www.cdc.gov/healthyweight/effects/.
210 Abby Ellin, “Exercise Tailored to A Hijab,” The New York Times, Sept 9 2009, accessed 16Aug. 2014,
http://www.nytimes.com/2009/09/10/health/nutrition/10fitness.html?_r=0.
211 Abdulrahman O. Musaiger, Overweight and Obesity in the Arab Countries: The Need for Action (Bahrain: Bahrain Centre for
Studies and Research, 2007), accessed 2 Aug. 2014,
http://acnut.com/v/images/stories/pdf/overweight_and_obesity_in_arab_countries.pdf.
212 Ibid.
213 Ibid.
214 Ibid.
215 Women, Gender Equality and Sport (UN Division for the Advancement of Women Department of Economic and Social
Affairs 2007), accessed 2 Aug. 2014, http://www.un.org/womenwatch/daw/public/Women%20and%20Sport.pdf.
216 Haleh Esfandiari, “The Women’s Movement,” The Iran Primer, accessed 25 Aug. 2014,
http://iranprimer.usip.org/resource/womens-movement.
217 Ibid.
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In another study lead by Dr. Abdulrahman O. Musaiger titled “Strategy to Combat Obesity and to
Promote Physical Activity in Arab Countries,” the authors made suggestions to specifically address
obesity in Arabic speaking countries.218 It notes that Arab countries have different socio-economic
and political situations, and thus the study’s suggestions adapt each strategy to each different
country. Overall, the two main concentrations in their strategy are to promote awareness in the
general population and to develop partnerships with the government to promote healthy lifestyles in
Arab societies.219 These are concentrations that delegates should also consider when addressing this
topic, and this committee should together brainstorm specific ways that general health awareness
and governmental partnerships can increase.
Case Study: Leblouh
In 2008, current Mauritania President Mohamed Ould Abdel overthrew the democratically elected
president, Yahya Ould Ahmed El Waghef.220 This coup d’etat in Mauritania is specifically correlated
to the deterioration of women’s development in the country. Under Waghef, there existed a Ministry
of Women’s Affair, a parliamentary quota for women, and female diplomats and governors; under
President Abdel, women were sent back to their traditional roles in the home.221 The coup also
served as a catalyst for the comeback of several past cultural practices, including leblouh.
Leblouh, or gavage, is the practice of forced-feeding or forced-fattening.222 This practice dates back to
pre-colonial times. In Mauritanian culture, the ideal woman is one who is large and fat, as it
symbolizes wealth and prestige because the family is able to feed and treat their daughter well.
Although this practice was seen as dying-out due to increased social awareness carried out by the
government and other groups, it is quickly returning, especially in rural areas. Rural areas are more
vulnerable because of the lack of accessibility to education, which allows cultural factors to play a
huge role in the lives of the people there. Many women also still carry traditional views in these rural
areas.223 For example, there are “fat-camps” where young girls are sent by their families to be
fattened by professional force-feeders.224 In these camps, girls are fed 15,000 calories a day; this is
approximately seven times the recommended calorie intake.225 They are forced to eat frequent meals
of goat’s meat, bread, figs, and couscous everyday, all washed down with camel’s milk. Girls who
resist the torture are then physically tortured by pinchers that crush their toes and fingers. As most
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Abdulrahman. O Musaiger et al., “Strategy to Combat Obesity and to Promote Physical Activity in Arab Countries,”
Diabetes Metab Syndr Obes. 4 (2011): 89-97, accessed 2 Aug. 2014,
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3107691/.
219 Ibid.
220 “Country Profile 2014: Mauritania,” The Africa Report, accessed 12 July 2014,
http://www.theafricareport.com/North/country-profile-2014-mauritania.html.
221 Alex Duval Smith, “Girls Being Force-Fed For Marriage As Fattening Farms Revived,” The Guardian, 28 Feb. 2009,
accessed 11 July 2014, http://www.theguardian.com/world/2009/mar/01/mauritania-force-feeding-marriage.
222 Ibid.
223 Wedoud, “Women Fight Mauritania’s Fattening Tradition.”
224 Lucy Waterlow, “Force Fed To Find A Husband: How Mauritanian Women Are Fattened Up ‘Like Foie Gras Geese’
And Take Dangerous Animal Growth Hormones To Satisfy Men’s Love For Larger Lady,” The Daily Mail, 15 July 2013,
accessed 11 July 2014, http://www.dailymail.co.uk/femail/article-2364060/Force-fed-husband-How-Mauretanianwomen-fattened-like-foie-gras-geese-dangerous-animal-growth-hormones-satisfy-mens-love-larger-lady.html.
225 Waterlow, “Force Fed To Find A Husband: How Mauritanian Women Are Fattened Up ‘Like Foie Gras Geese’ and
Take Dangerous Animal Growth Hormones To Satisfy Men’s Love For Larger Lady”; “Calories,” United States
Department of Agriculture, accessed 14 July 2014, http://www.choosemyplate.gov/weight-managementcalories/calories/empty-calories-amount.html.
218
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girls cannot handle the huge food intake, vomiting is a common reaction.226 However, in some
camps, girls are then forced to eat their own vomit.227
One of the negative side affects of force-feeding to Mauritanian women is the sickening sensation
they feel in their stomach. In the past two years, a new method to gain weight emerged that solves
this issue. Women and girls have started to take medication to help them gain weight.228 However,
these pills are steroids, which are often made for animals and are equally, if not more, damaging to
the health of these women.229 Side effects of these pills include infertility and heart failure.230 Women
who take these pills often end up with disproportionate body shapes, with large stomachs, faces, and
breasts, but thin arms and legs. It is important to note that it is not only Mauritanian women who
are using these pills; women in other African countries who also value large women are also
choosing to use these pills to reach their culture’s ideal beauty goals.231
Girls who go through the practice of leblouh grow up with fatal health problems, including
hypertension and diabetes.232 Many girls are hospitalized before they are large enough to satisfy their
family wishes. Despite these issues, these practices are unlikely to be discontinued anytime soon.
Lamrabott Brahim, a social analyst with a local organization based in Nouakchott, stated that, “It’s
hard to eradicate the culture of force-feeding in Mauritania. It’s something deeply-rooted in the
minds and hearts of Mauritanian mothers, particularly in the remote areas where the uneducated
villagers still strongly believe blindly in the tradition.”233 The lack of education for these mothers is
the key reason for why these practices still continue. Many mothers do not understand that forcefeeding can cause the girls to get high blood pressure, hypertension, and heart diseases.234 Naturally,
there are many other members of the community that are supporting this practice who would also
benefit from education programs. A lack of government intervention and accountability is also a key
reason. Mauritania lost its Ministry of Women’s Affairs with the coup. With that loss, women lost a
government representative whose job is to help them with problems and issues such as forcefeeding. The lack of education and government accountability are points that need to be addressed
for the elimination of cultural practices like force-feeding.
The Treatment of Widows
Throughout history, the international community occasionally overlooks widows, but recently, they
have started receiving more attention. In December 2001, the UN Women published a report titled
“Widowhood: Invisible Women, Secluded or Excluded.”235 The report emphasizes the need to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Smith, “Girls Being Force-Fed For Marriage As Fattening Farms Revived.”
Ibid.
228 Waterlow, “Force Fed To Find A Husband: How Mauritanian Women Are Fattened Up ‘Like Foie Gras Geese’ and
Take Dangerous Animal Growth Hormones To Satisfy Men’s Love For Larger Lady.”
229 Ibid.
230 Ibid.
231 Ibid.
232 Ibid.
233 Wedoud, “Women Fight Mauritania’s Fattening Tradition.”
234 Ibid.
235 Widowhood: Invisible Women, Secluded or Excluded (UN Division for the Advancement of Women Department of
Economic and Social Affairs 2001), accessed 12 July 2014,
http://www.un.org/womenwatch/daw/public/wom_Dec%2001%20single%20pg.pdf.
226
227
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recognize these women because they are “rarely mentioned in the multitude of reports on women’s
poverty, development, health or human rights published in the last twenty-five years.”236 Widows are
females whose husbands have died. As widows tend to outnumber male widowers due to natural life
expectancies and common age differences, it is crucial that they are given the protection and
acknowledgement they need. In many developing countries, social policy researchers, international
human rights activists, and governments neglect widows because of their lack of social status and
reduced economic circumstances. Such neglect leaves widows defenseless against evictions from
their homes, abuse, and sometimes death because they are often engrossed in property disputes.237
In some developing countries, widows are seen as bad luck and sometimes even the reasons for their
husbands’ deaths. In Nepal for example, a woman lost her husband due to a road accident but was
then tortured by her in-laws; they blamed her for bring bad fortune to the family.238 These
superstitions only further prevent widows from supporting themselves and even their children, and
threaten their health and well-being.
There are many harmful practices that widows are subjected to in certain developing states. For
example, in India (and other Asian countries), suttee, or “widow burning,” was practiced for
centuries, and there are still occurrences today.239 It involves the burning of a widow, either on the
funeral pyre of her dead husband or in some other way, soon after the death of her husband.240 The
reason for this practice varies: some cultures link the practice to the myth of the Hindu goddess Sati,
and others practice it to prevent the women from being raped.241 Although this custom is rarely still
performed in societies today, the Secretary-General expressed his concern towards practices
including widow burning.242
In Malawi, another custom involving widows is known as “widow cleansing.”243 Under this custom,
widows are expected to have sexual relations, often unprotected sex, soon after their husbands’
deaths, “in order to cleanse her[self]” and avoid the spirits of their dead husbands coming back to
curse their families.244 In a report by the Malawi Human Rights Commission, titled “Cultural
Practices and Their Impact on the Enjoyment of Human Rights, Particularly the Rights of Women
and Children in Malawi”, approximately thirteen percent of the interviewees mentioned that this
practice took place in their area.245 It is important to understand that many widows chose to subject
themselves to these customs because it is engrained in their cultural traditions. However, rape can be
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
238 Ambika Pandey, “The State of Widows,” The Himalayan Times, 24 July 2014, accessed 2 Aug. 2014,
http://www.thehimalayantimes.com/fullNews.php?headline=The+status+of+widows+&NewsID=422115.
239 Shawn Meghan Burn, Women Across Cultures: A Global Perspective (New York: McGraw-Hill, 2005).
240 “Suttee,” Encyclopaedia Britannica, last updated 5 Sept. 2014, accessed 14 July 2014,
http://www.britannica.com/EBchecked/topic/575795/suttee.
241 Ibid.
242 “Marking International Widows’ Day, Ban Urges End To Harmful Practices Abuse Against Women,” UN News
Centre, 23 June 2014, accessed 10 July 2014,
http://www.un.org/apps/news/story.asp?NewsID=48114#.U8OqAY1dVSl.
243 Robyn Curnow and Jenni Watts, “Lawyer Fights ‘Widow Sex’ Tradition In Malawi,” CNN, 21 March 2013, accessed
11 July 2014, http://www.cnn.com/2013/03/21/world/africa/seodi-white-women-malawi/.
244 Ibid.
245 Cultural Practices and Their Impact on the Enjoyment of Human Rights, Particularly the Rights of Women and Children in Malawi
(Lilong, Malawi: Malawi Human Rights Commission, 2005), accessed 16 Aug. 2014,
http://www.medcol.mw/commhealth/publications/cultural_practices_report.pdf.
236
237
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a consequence of this custom, and can also lead to an increase in widow’s risk of HIV infection.
These are only two of the many detrimental practices impacting the physical and mental well being
of widows.
On 23 June 2014, the world celebrated the third annual International Widows’ Day.246 The SecretaryGeneral, Ban Ki-moon, used this occasion to emphasize the need to address the rights of widows
are entitled to and the safety that they need to survive.247 Although there are still social stigmas and
traditional practices targeting widows today, increased social awareness and government intervention
have helped widows everywhere receive the rights and protection they are entitled too.
OHCHR Fact Sheet No. 23: Harmful Traditional Practices
As mentioned before, the UN Office of the High Commissioner for Human Rights (OHCHR)
published Fact Sheet No. 23, Harmful Traditional Practices Affecting the Health of Women and
Children in 1995.248 This fact sheet is significant because it marks one of the first times that there
was official UN recognition of how traditional practices in many cultures are detrimental to the
health of women and children. The reasons for the late recognition can be traced back to the
sensitive nature of questioning and blaming cultures and traditions, which is addressed late in this
section.
The cultural practice focused on most in the fact sheet is female genital mutilation. It is important to
note that despite the obvious disapproval of this practice by the UN, it is still very widespread today
and is practiced even to a small extent in developed countries such as England and the United
States.249 Another harmful practice highlighted is the preference of sons throughout many cultures.
This custom is very detrimental to societies and especially girls, as it means female children are
disadvantaged from birth, both with the “quality and quantity of parental care” as well as the
discrimination that will be present after her birth. Abortion and female infanticide are consequences
of this practice. For example, in India, the preference for male children is especially strong, which
leads to a high number of abortions because families will stop the pregnancy if they find out the
fetus is a girl: in 2012, there were 620,472 reported abortions in India, but experts say the true
number of abortions performed should be approximately seven million, with two-thirds of them
performed in unauthorized health facilities.250 The desire to have a male child not only detrimentally
affects the child’s life, but also the mother’s life, as unsafe abortions are practiced in many places.251
In 2008, 21.6 million unsafe abortions took place worldwide, almost all in developing countries.252
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“Marking International Widows’ Day, Ban Urges End to Harmful Practices, Abuse Against Women.”
Ibid.
Nations Commissioner for Human Rights.
249 “Failure To Stop FGM Is A ‘National Scandal’, Say MPs,” BBC News, 3 July 2014, accessed 16 July 2014,
http://www.bbc.com/news/uk-28127678.
250 Anjani Trivedi, “Every Two Hours in India, A Woman Dies From An Unsafe Abortion,” Time, 19 July 2014,
accessed 16 Aug. 2014, http://world.time.com/2013/07/19/world-population-focus-on-india-part-2-unsafe-abortions/.
251 Unsafe Abortion: Global and Regional Estimates of the Incidence of Unsafe Abortion and Associated Mortality in 2008 (Geneva:
World Health Organization, 2011), accessed 16 Aug. 2014,
http://whqlibdoc.who.int/publications/2011/9789241501118_eng.pdf?ua=1.
252 Ibid.
246
247
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The psychological and health consequences, effect on education, and effect on recreation and work
opportunities are all points that were specifically stated relating to male preference as well.253
It is important to realize that the preference for sons and other traditional beliefs can have a negative
impact on all aspects of the mental and physical wellbeing of a women or female child. There is little
scientific evidence of the harmful effects of son preference on the health of female children, but
there is a close correspondence between the areas of strong son preference and the areas of health
disadvantage for women.254 All of these harmful practices should be kept in mind as delegates learn
more about this topic, and knowledge regarding their countries’ stances and policies regarding these
harmful practices.
The fact sheet also includes possible reasons for the persistence of traditional practices; but almost
two decades later, these reasons are still relevant. The main reason mentioned was that “neither the
Governments concerned nor the international community challenged the sinister implications of
such practices.”255 This by-stander effect is still seen today, as some governments continue to turn a
blind eye to certain cultural practices. For example, in Pakistan, it is estimated that one in three
women are victims to honor killings, which is the practice of killing women in the name of family
“honor.”256 The traditional view that members of the family and the community are not held
accountable for violations of women’s human rights under international, regional, and national
standards has also reinforced these harmful cultural practices.257 Another reason the publication
mentions is the sensitivity of the practices because of their deeply rooted cultural significance in
different communities. It is difficult to question these traditions because of the difference of right
and wrong in the eyes of those carrying out the customs. For example, many people who practice
these traditional ways deem Western criticism as an “invasion” of their culture, and argue that those
who do not share the same culture as they do cannot judge their ways.258 The right to practice one’s
own culture and respect for cultural diversity are used as arguments to challenge the “universality of
human rights norms.”259 These reasons are both crucial parts to why harmful cultural practices are
still being carried out today. In order to achieve this committee’s goal of improving women’s health,
it is of the utmost importance to understand the many practices that exist, and their causes, before
developing solutions.
Since the publication of this fact sheet, there have been few documents or reports focusing on
harmful tradition practices as a whole. However, there is greater international attention on specific
practices such as targeted abortions and female genital mutilation/cutting (FGM/C). There has also
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
Nations Commissioner for Human Rights, accessed 6 July 2014,
256 Hilary Mayell, “Thousands of Women Killed for Family “Honor”,” National Geographic News, 12 Feb. 2002, accessed
16 Aug. 2014, http://www.unl.edu/rhames/courses/212/readings/honor-kil-ng.pdf.
257 Savitri Goonesekere, Harmful Traditional Practices in Three Countries of South Asia: Culture, Human Rights and Violence
Against Women (Economic and Social Commission for Asia and the Pacific), accessed 25 July 2014,
http://www.unescapsdd.org/files/documents/SDD_pub_2530.pdf.
258 Ibid.
259 Goonesekere, Harmful Traditional Practices in Three Countries of South Asia: Culture, Human Rights and Violence Against
Women.
253
254
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been an increased number of UN-related groups and Non-Governmental Organizations (NGO)
that specifically protect women from harmful traditional practices. For example, Tostan, a NGO
based in Senegal created in 1991, has been working toward eliminating FGM/C and has been
reaching some success.260 More detail regarding this information is provided below, but for now it is
important that delegates understand this fact sheet and other harmful traditional practices, using
these references as a tool for research before debate.
UN, Government, and NGO Efforts
There is an increasing amount of international awareness on harmful traditional influences affecting
women in developing countries. As a result, more UN, government, and NGO activity are
specifically addressing this issue. It is important for delegates to understand the necessity of UN,
governments, and NGOs involvement and cooperation to formulate solutions for this topic.
The Inter-African Committee on Traditional Practices (IAC) is an African regional umbrella body
that advocates for the removal of harmful traditional practices that affect the health of women and
children.261 It was formed by African delegates at a seminar organized by the UN NGO Working
Group on Traditional Practices in 1984.262 The IAC is a NGO that works with the UN Fund for
Population Activity (UNFPA), WHO, and UNICEF while holding consultative status with the UN
and an observer status with the African Union (AU).263 The IAC has contributed to many regional
human rights’ treaties, statements, and declarations on women, including the Protocol to the African
Charter on Human and People’s Rights, on the Rights of Women (also referred to as the Maputo
Protocol) in 2003.264 This charter addresses a variety of women rights’ issues, including the
elimination of unsafe practices and health and reproductive rights.265 Currently, 28 states have signed
and ratified the charter, 18 states have signed but not ratified, and eight states have not signed or
ratified.266 In February 2003, the IAC organized an international conference, “Zero Tolerance to
Female Genital Mutilation.”267 The conferenced called for African Heads of State to commit and
involve themselves personally in the struggle for the elimination of FGM/C and lead to the
beginning of “joining efforts between different actors (governments, UN institutions,
parliamentarians, legislators, policy makes, NGOs …) in order to coordinate their approaches and
harmonize activities under the coordination of the IAC.”268
Tostan is another NGO that has positively affected countries in which harmful traditional practices
occur.269 Founded in Senegal in 1991, the organization’s goal was “to empower communities to
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
260 Kirstin Helmore, “Ending Harmful Practices Through Community-Led Social Change in Senegal,” United Nations
Population Fund, 20 April 2010, accessed 16 Aug. 2014, http://www.unfpa.org/public/news/pid/5181.
261 “About IAC,” Inter-African Committee on Traditiona Practices (IAC), accessed 16 Aug. 2014, http://www.iacciaf.net/index.php?option=com_content&view=article&id=10&Itemid=3.
262 Ibid.
263 Ibid.
264 Ibid.
265 “Protocol to the African Character on Human and People’s Rights on the Rightsof Women in Africa,” African
Commission on Human and Peoples’ Rights, accessed 17 Aug. 2014, http://www.achpr.org/instruments/women-protocol/.
266 Ibid.
267 Ibid.
268 Ibid.
269 Helmore, “Ending Harmful Practices Through Community-Led Social Change in Senegal,” United Nations Population
Fund.
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make their own decisions about everything, including the things they’ve always taken for granted.”270
According to the UNFPA, this organization is most successful in eliminating FGM/C in Africa, and
the NGO has done this simply through education.271 Tostan teaches villagers basic facts bout the
harm FGM/C inflicts on women and children, and most importantly, the NGO helps the people
realize that they have the right to abandon “pervasive, deep-rooted, centuries old tradition” if that
tradition does not support the best interests of the people.272 This second factor is especially
important, as this realization ensures that the practice will not resurface in the future. Tostan has a
carefully designed community empowerment approach that is rigorous, intensive, effective, and
happens over a period of three years.273 Due to the time component and financial constraints, the
NGO has not been able to influence a large number of communities outside of Senegal.274 However,
because of Tostan’s success in ending the practice in Senegal, the UNFPA- UNICEF Join
Programme on FGM/C has supported the organization in Gambia, Guinea, Guinea Bissau,
Djibouti, and Somalia.275 This financial and organizational support from the UN committees ensures
that more communities in Africa receive the education needed to end harmful practices.
Delegates should consider the effectiveness of smaller NGOs like Tostan in successfully
implementing focused, grassroots solutions for communities in ending harmful traditional practices.
Compared to sweeping resolutions and reforms, these smaller steps can make the largest difference
in changing cultural understandings of women’s health. Nonetheless, delegates should also
acknowledge that NGOs are financially vulnerable, so support from this committee and other large
organizations is often times needed to maintain these small-scale programs.
Aside from NGOs and UN bodies, governments have also made efforts in improving the state of
harmful traditional influences. In August 2009, Afghanistan gave legislative effect to the Law of
Elimination of Violence Against Women (EVAW law).276 This was the first legislation criminalizing
22 acts of violence against women and harmful practices including child marriage, forcing or
prohibiting marriage, and forced self-immolation (burning).277 Although the enactment of this law
was monumental and earned praise from the international community, Afghanistan has had
difficulty with implementing the EVAW law. For example, even though the registration of report
incidents in 2013 increased by 28 percent, the percent of indictment on the basis of the EVAW law
only increased by two percent.278 This difference is largely due to the fact that police are still
reluctant in enforcing the legal prohibitions and prosecutors and courts are slow in enforcing the
legal protections.279 This concrete example only further emphasizes the need for governments to not
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
272 Ibid.
273 Ibid.
274 Ibid.
275 Ibid.
276 A Way To Go: An Update on Implementation of the Law on Elimination of Violence Against Women in Afghanistan (Kabul,
Afghanistan: United Nations Assistance Mission in Afghanistan, 2013), accessed 18 Aug. 2014,
http://unama.unmissions.org/Portals/UNAMA/Documents/UNAMA%20REPORT%20on%20EVAW%20LAW_8
%20December%202013.pdf.
277 Ibid.
278 “UN Reports ‘Slow, Uneven’ Use of Afghan Law Protecting Women,” UN News Centre, 8 Dec. 2013, accessed 17
Aug. 2014, http://www.un.org/apps/news/story.asp?NewsID=46685#.U_BY9rxdVSk.
279 Ibid.
270
271
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only create and adopt legislations that protect women from harmful traditional influences, but to
follow through on the implementation of the laws.
The above examples show how this issue requires both long-term and short-term solutions.
Delegates should understand that many solutions would require not only cooperation between UN
groups and governments, but also help from NGOs. An understanding of what issues exist within
the country and what can be done to address the issues is crucial when thinking of possible
solutions.
CURRENT STATUS
Genital Mutilation
Female Genital Mutilation/Cutting (FGM/C) involves the removal of parts of all of the most
sensitive female genital organs. The WHO defines FGM/C as “all procedures involving the partial
or total removal of the external female genitalia or other injury to the female genital organs for nonmedical reasons.”280 It is a common practice in many traditions all around the world. According to
UN Children’s Fund (UNICEF), more than 130 million girls and women alive today have been
subjected to FGM/C.281 This practice is occurring in 29 countries in Africa and the Middle East, the
regions where FGM/C is largely concentrated.282 There are also other countries where this practice
has been documented, such as India, Indonesia, and Columbia, but there have been few national
estimations.283
It is often performed when a female child is marked as “coming of age,” in order to control her
sexuality, ensure her virginity before marriage, and assure her chastity after marriage. Unfortunately,
there are life-threatening side effects of these procedures; both mental and physical damages can be
done to the child. Many of these procedures are done in rural areas where little or no medical
supplies and education are available, which can result in infections and even deaths. There are also
links between FGM/C and maternal deaths in certain areas, as victims of FGM/C are more prone
to infections and excessive bleeding during delivery.284 In December 2012, the UN General
Assembly approved a resolution calling for all member states to ban the practice of FGM/C.285 It
was adopted by the GA without vote and unfortunately has resulted in little progress.286
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
World Health Organization, Female genital mutilation, Factsheet No. 241, Feb. 2014
“Female Genital Mutilation/Cutting,” UNICEF, last modified 11 Aug. 2014,
282 “Child Protection,” UNICEF, accessed 10 July 2014, http://data.unicef.org/child-protection/fgmc.
283 Eliminating Female Genital Mutilation: An Interagency Statement UNAIDS, UNDP, UNECA, UNESCO, UNFPA,
UNHCHR, UNHCR, UNICEF, UNIFEM, WHO (Geneva: World Health Organization 2008), accessed 16 Aug. 2014,
284 “FGM, Possible Cause of Maternal Deaths in Northern Ghana,” Vibe Ghana, 3 July 2014, accessed 11 July 2014,
http://vibeghana.com/2014/07/03/fgm-possible-cause-of-maternal-deaths-in-northern-ghana/.
285 A/C.3/67/L.21/Rev.1, “Intensifying Global Efforts For The Elimination of Female Genital Mutilations,” a16 Nov.
2012, accessed 10 July 2014,
http://www.unfpa.org/webdav/site/global/shared/documents/publications/2012/67th%20UNGA%20%20Resolution%20adopted%20on%20FGM.pdf.
286 Ibid.
280
281
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Recently, FGM/C has come back into the spotlight due to recent reports in Sweden and the United
Kingdom. Although Sweden prohibited the cutting of girls’ genitals in 1982 and banned parents
from forcing female children to undergo the procedure overseas in 1999, 60 cases of FGM/C were
found in a school in eastern Sweden in March 2014.287 Approximately half of these girls had
undergone the most extreme form of female circumcision, which involves the clitoris and labia
being cut off and the vagina being sewn up to leave just a small opening288. This discovery is
disturbing because FGM/C is usually associated with the developing world, and it is unusual to find
cases in developed countries.
In the UK, it is suspected that there are as many 170,000 victims of FGM/C.289 However, in the last
five years, the police have investigated only 200 FGM/C-related cases nationally.290 This discrepancy
in numbers insinuates that there is still a lack of government action and education for the general
population. In June 2014, the House of Commons put together a national action plan targeting
FGM/C.291 It recognized that until recently, there has been little public awareness of FGM/C in the
UK, and although a surge of campaigns have occurred, there is still much progress needed to
improve the situation. The Crown Prosecution Service (CPS) published its first specific guidance to
prosecutors on dealing with FGM/C in 2011.292 CPS has also put in place an action plan to increase
the number of prosecutions. The plan addresses best practices for safeguarding at-risk girls,
changing the law, and working with communities.293
To understand the severity of this issue, one must look at the health and psychological consequences
of FGM/C. As stated before, FGM/C commonly results in infections, hemorrhages, urinary
problems, and acute pains right after the procedure takes place.294 These infections can then lead to
infertility and anemia.295 The most frequent health problems are obstetric complications (those
relating to childbirth or the process of childbirth), as scars develop in the clitoral zone and then
these scars are opened during childbirth.296 The tearing of these scars lead to bleedings that are
extremely difficult to stop and often lead to deaths.297 Professionals have published very little
information about psychological implications, but studies have occurred that suggest most children
who have been subjected to FGM/C have reoccurring nightmares.298 However, there is evidence
that there are psychological effects specific to the large immigrant communities living in Europe, the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sara Johnsdotter, “The FGM Legislation Implemented: Experiences From Sweden,” Universitat de Valencia, Jan. 2009,
accessed 12 July 2014, http://www.uv.es/cefd/17/Johnsdotter.pdf; M. E. Synon, “Rise in Female Genital Mutilation,
Inspectors Find Entire School Classes Victims,” Breitbart, 20 June 2014, accessed 2 Aug. 2014,
http://www.breitbart.com/Breitbart-London/2014/06/20/Female-genital-mutilation-in-Sweden-all-30-girls-in-oneclass-cut.
288 Ibid.
289 “Failure To Stop FGM Is A ‘National Scandal’, Say MPs.”
290 “Female Genital Mutilation: The Case For A National Action Plan,” House of Commons, 25 June 2014, accessed 12 July
2014, http://www.publications.parliament.uk/pa/cm201415/cmselect/cmhaff/201/201.pdf.
291 Ibid.
292 Ibid.
293 Ibid.
294 “No. 23 Harmful Traditional Practices Affecting the Health of Women and Children,” Icelandic Human Rights Centre.
295 Ibid.
296 Ibid.
297 Ibid.
298 Ibid.
287
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Americas, Australia, and New Zealand.299 Teenagers, in particular, have to live in two very different
cultures: a more liberal Western culture and the culture of their parents. Girls who have been
genitally mutilated are realizing that they are different from their classmates, and this can result in
mood swings, irritability, a constant state of depression, and anxiety.300 Overall, there are many
health and psychological consequences of FGM/C, which further emphasizes the need for this
cultural practice to be addressed.
Although these instances are centered within developed states, it is important for delegates to
understand these occurrences’ importance. Even though many of these girls were sent back to
developing nations to receive their FGM/C surgeries, some girls received their surgeries within their
home country. Developed nations are thought to be less affected by old-fashioned beliefs or
harmful customs; this recent information suggests otherwise. Delegates must focus primarily on
improving the situation in developing nations but also keep in mind that developed nations play a
role in the issue. The lack of recognition and action towards FGM/C by developed countries allows
this practice to continue in developing countries. Governments of these developed states should
take a lead on addressing and ridding the practice of FGM/C, and act as a model for developing
countries. It is important to note that Navi Pillay, the High Commissioner for Human Rights, said at
a high-level panel held in Geneva that “based on the current annual decrease of one per cent, the
target of reducing by half the prevalence of FGM/C will not be achieved until 2074,” and urged all
member states to act at once.301
Case Study: Child Marriages in Malawi
The formal UN definition of “child marriage” is “a formal marriage or informal union before age
eighteen.”302 Child marriage is most common in South Asia, where almost half of all girls marry
under the age of eighteen, and one in five girls marry or enter a union before the age of fifteen;
worldwide, about one in three women marry before the age of eighteen.303 This statistic goes on to
describe how West and Central Africa, and Eastern and Southern Africa also have high percentages
of child marriages; where 41 percent and 38 per cent, respectively, of women between the ages of
twenty and 24 were married before the age of eighteen.304 Many international conventions and
agreements address this issue, including the Convention on the Elimination of All Forms of
Discrimination Against Women. In article sixteen, it states: “The betrothal and the marriage of a
child shall have no legal effect, and all necessary action, including legislation shall be taken to specify
a minimum age for marriage.”305 It is also important to note that child marriage is related to other
rights, such as the right to protection from all forms of abuse and the right to be protected from
harmful traditional practices.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
301 “Ending Female Genital Mutilation Vital For Healthy Communities, Stresses UN Official,” UN News Centre, 16 June
2014, accessed 10 July 2014, http://www.un.org/apps/news/story.asp?NewsID=48057#.
302 “Child Marriage,” UNICEF, last updated 21 Dec. 2012, accessed 10 July 2014,
303 Ibid.
304 Ibid.
305 “Convention On the Elimination Of All Forms Of Discimination Against Women,” UN Entity for Gender Equality and
the Empowerment of Women, accessed 10 July 2014,
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article16.
299
300
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Aside from the detrimental effects on girls’ education, life skills, and vocational skills, there are many
harmful health problems that stem from child marriages. Girls are exposed to the risks of too-early
pregnancy, child bearing, and motherhood before they are physically and psychologically ready.306
Complications in pregnancy and childbirth are leading causes of death in girls aged fifteen to
nineteen in low- and middle-income countries.307 Still births and newborn deaths are also 50 percent
higher among mothers under twenty than in women who get pregnant in their twenties.308 Girls
under fifteen are five times most likely to die in childbirth than women aged twenty to 24.309 Studies
in Kenya and Zambia have found that among fifteen to nineteen year olds who were sexually active,
being married increased their changes of having Human Immunodeficiency Virus (HIV) by more
than 75 percent.310 These facts all show the severe consequences of child marriages on these girls’
and women’s health.
In March 2014, Human Rights Watch published a report on child marriage in Malawi.311 According
to the UN, one out of two girls in Malawi will be married by her eighteenth birthday, as most
communities believe child marriages are in the best interest of the girl and her family.312 Some
marriages are seen as opportunities by families to improve the economic or social status of the
family. The girl’s family receives a dowry from the groom upon the marriage, and the husband
usually provides for the girl and her family after the marriage. Child marriage is deeply rooted in
Malawi’s traditions and patriarchal culture. It is also seen as a means of protecting a family’s honor if
the girl gets married early.313
For the 2014 report, Human Rights Watch interviewed different girls that have experienced child
marriages to get a better understanding of the issue in Malawi. Many of them said that their
marriages interrupted or ended their education either because there was not enough money or time,
or because their husbands banned them from going back to school.314 This has a detrimental effect
on their ability to sustain themselves, protect themselves, and improve their own personal situations.
Many girls also said that they suffered emotionally because they were unhappy in their marriages,
and they often regretted marrying early. Some reported that their husbands and in-laws verbally or
physically assaulted them; others said that their husbands abandoned them, leaving them with no
financial support.315 However, girls who have rejected forced marriages said they were “threatened,
verbally abused, or thrown out of their homes by their families.”316 Clearly, these interviews only act
to reinforce the negative impacts of child marriage: limited education, lack of opportunities for self!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
306 “Child Marriages: 39000 Every Day,” World Health Organization, 7 March 2013, accessed 17 Aug. 2014,
http://www.who.int/mediacentre/news/releases/2013/child_marriage_20130307/en/.
307 “What is the Impact of Child Marriage: Health,” Girls Not Brides, accessed 17 Aug. 2014,
http://www.girlsnotbrides.org/themes/health/.
308 “Child Marriages: 39000 Every Day,” World Health Organization.
309 Ibid.
310 Ibid.
311 “I’ve Never Experienced Happieness,” Human Rights Watch, March 2014, accessed 10 July 2014,
http://www.hrw.org/sites/default/files/reports/malawi0314_ForUpload.pdf.
312 Ibid.
313 Ibid.
314 Ibid.
315 Ibid.
316 Ibid.
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growth, and emotional depression. All of these effects have serious consequences for women, and
they are furthermore clear violations of the universal human rights to education and marriage rights
as outlined by the UNDHR.
The Malawi government adopted several major legislative and policy reforms addressing women’s
human rights in the past few years. In 2013, the state passed a Gender Equality Act that promotes
gender equality in the education and reproductive health areas.317 The age of sexual consent was also
raised from thirteen to sixteen by the government in 2011.318 Malawi’s laws have also been updated
to prohibit forced marriages, criminalize the kidnapping of girls under sixteen, and prohibit
discrimination against women and girls. However, despite all these improvements on paper, Human
Rights Watch found that the government has “failed to enforce existing legal protections against
child marriage, and to develop and implement a comprehensive national child marriage plan.”319
Clearly, government accountability is an issue for the children of Malawi in improving their rights.
Furthermore, the government has yet to explicitly prohibit child marriage and provide assistance to
the girls who need help to escape their current situations and have no one to guide them. The
situation in Malawi can be compared to those in many other countries that have similar practices
occurring and a failure of the government to respond or actively enforce existing legislation.
Delegates can learn from the failures and the successes of these countries and brainstorm policies
that are effective and can be easily adapted by member states.
BLOC ANALYSIS
The bloc positions are divided as the following: countries where harmful traditional practices are
prevalent, countries that have taken active stances against harmful practices and countries without
the infrastructure to address negative cultural practices. This division is necessary because
geographical blocs do not apply to this topic, as countries in the same area do not necessarily have
the same position. It is important to note that not all countries will fall into one of these blocs, as
there are some developed countries that are not active participants against harmful practices. The
delegates representing these countries should understand their governments’ policies, and look into
their countries’ histories relating to traditional practices that affect women’s health. The solutions
delegates will write should be applicable to developing countries and their economic limitations;
therefore, developed countries should use their past experiences to tailor solutions for the
developing states. There will be also varying levels of severity within developing countries, as not all
countries will have the same amount of cultural or traditional influences. Overall, all delegates
should have an in depth understanding of their countries’ position and actions related to this topic.
Developing Countries with High Prevalence of Harmful Traditional Practices
This bloc mostly consists of countries in Africa and the Middle East. There are also other countries
in Asia and other parts of the world that fall into this bloc, including Colombia, Yemen, and India.320
It is important to note that the instances of harmful tradition practices usually occur within the
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
Ibid.
319 Ibid.
320 Eliminating Female Genital Mutilation: An Interagency Statement UNAIDS, UNDP, UNECA, UNESCO, UNFPA,
UNHCHR, UNHCR, UNICEF, UNIFEM, WHO (Geneva: World Health Organization 2008).
317
318
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different ethnic groups in some of the countries.321 However, because these countries are still
developing and generally have unstable political environments, many of these governments do not
or will not abide by policies or guidelines that protect women. Those that do have legislations often
have trouble implementing the regulations.
Many governments in Africa still do not have explicit laws protecting women from harmful
traditional practices such as FGM/C and child marriages, and the ones that do have these laws often
do not follow through with the policies. 24 of the 29 countries where FGM/C is concentrated have
decrees or legislation related to FGM/C.322 These legislative changes are very recent and vary among
states. For example, in Mauritania, the law only bans the practice in government health facilities and
by medical practitioners.323 Yet in the United Republic of Tanzania and Mauritania, FGM/C is only
illegal if performed on minors.324 These policies are often not accompanied by measures that
influence cultural traditions and expectations, thus they are therefore usually ineffective.325 It is
important to realize that these governments might resist international policies that would require
them to take a stronger stance against the many traditional practices in their countries. However,
there are countries such as Senegal that have NGOs who work within the country towards
discontinuing these harmful practices from occurring.326 Countries in this bloc should look towards
NGOs that use grassroots methods as a means of improving the situation in their countries.
Religious and cultural beliefs are also deeply rooted in many of these countries, which can harmfully
influence the women living within the countries. For example, according to the United Nations
Children’s Fund (UNICEF), more than 5,000 brides die annually in India because their dowries are
considered insufficient.327 Some countries may take a non-supportive stance to any further UN
policies or regulations that may protect women from socio-cultural influences. The traditional roles
of women are large part of many of their cultures, and governments may choose to respect that.
However, governments in this bloc should work on being more accountable for the tragedies that
occur in their countries. Awareness programs that would educate the general public, especially men
and religious leaders, would certainly help these countries improve the protection of women against
harmful socio-cultural influences. It is crucial that religious leaders are provided with training and
education on women’s rights, as “their moral vice can persuade local communities that the practices
not only harm and degrade women but are in most cases inconsistent with Islamic law.”328
Overall, delegates representing countries in this bloc should first research which cultural practices
and influences exist within their country. Then, delegates should research existing government
policies and positions relating to these influences. If the country has not signed any formal
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Ibid.
United Nations Children’s Fund, Female Genital Mutilation/Cutting: A Statistical Overview and Exploration of the Dynamics of
Change (New York: United Nations Children’s Fund, 2013), accessed 2 Aug. 2014,
http://www.unicef.org/media/files/FGCM_Lo_res.pdf.
323 Ibid.
324 Ibid.
325 Ibid.
326 Kirstin Helmore, “Ending Harmful Practices Through Community-Led Social Change in Senegal.”
327 Hillary Mayell, “Thousands of Women Killed for Family “Honor,”” National Geographic News, 12 Feb. 2002, accessed
2 Aug. 2014, http://news.nationalgeographic.com/news/2002/02/0212_020212_honorkilling.html.
328 “Harmful Traditional Practices Against Women Pervasive in Afghanistan,” UN News Centre, 9 Dec. 2010, accessed 2
Aug. 2014, http://www.un.org/apps/news/story.asp?NewsID=37003#.U9O0AIBdVS.
321
322
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documents or have little legislation regarding this issue, examine the reasons why the country does
not. Countries in this bloc will have to improve government accountability and increase education
for the people, both of which will require the help from NGOs.
Countries That Have Taken Active Stances Against Harmful Traditional Practices
Countries in this bloc have been affected by harmful traditional practices and influences and are
attempting to address the issue. This is largely due to the larger immigrant populations that are
entering North America, certain countries in Europe, and Australia and New Zealand.329 Many
immigrants bring their traditional customs with them and accordingly have the possibility of
influencing large populations. It is important to understand that it is the immigrant populations that
are causing the increased attention on harmful traditional practices and thus pushing the
governments to take active stances.
The United States and Canada have large immigration populations, which account for the majority
of harmful traditional influences. It is important to note that in Canada and the United States,
FGM/C is only illegal among minors.330 This can cause questioning from other governments, even
those who do not have any legislation themselves. These two countries should examine why their
policies towards FGM/C are currently only for minors, and they should consider what steps can be
taken to develop this legislation for their own states and those in the developing blocs.
On the other hand, many developed countries in Europe have taken strong stances against many
socio-cultural customs, as shown through the UK and Sweden’s stances against FGM/C.331Sweden
has recently dedicated seven million dollars to tackle FGM/C and announced its plan to develop an
online training program for school and healthcare staff.332 Delegates should research past, current,
and future actions of their governments, relating to the protection of women from cultural and
social influences.
Strong education systems and developed healthcare systems have limited harmful traditional
influences affecting women in developed countries. In 2010, in Sub-Saharan Africa, 55 percent of
primary school age children are unlikely to ever enter school, while in North America and Western
Europe, it is only two percent.333 In fact, the UK healthcare system – the National Health System
(NHS) – was ranked first in the world by an international panel of experts in 2014.334 Education and
healthcare systems are two things delegates should examine when addressing this issue because of
their integral roles in preventing harmful influences from affecting women in developing countries.
Overall, countries in this bloc should focus on helping and supporting developing countries. It is
important to remember that national sovereignty and cultural practices have to be respected.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“No. 23 Harmful Traditional Practices Affecting the Health of Women and Children,” Icelandic Human Rights Centre.
United Nations Children’s Fund, Female Genital Mutilation/Cutting: A Statistical Overview and Exploration of the Dynamics of
Change.
331 “Swedish Funds to Tackle Female Genital Mutilation,” The Local, 22 July 2014, accessed 2 Aug. 2014,
http://www.thelocal.se/20140722/swedish-funds-to-tackle-fgm.
332 Ibid.
333 http://www.uis.unesco.org/Education/GED%20Documents%20C/GED-2012-Complete-Web3.pdf
334 http://www.theguardian.com/society/2014/jun/17/nhs-health
329
330
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Countries Lacking Sufficient Infrastructure
One of the most important steps towards the improvement of women’s health is acknowledging any
social or cultural biases that might negatively impact on the patient care. There are countries that are
aware of their cultural, social and political context from which women approach their healthcare, but
they are not able to meliorate their condition due to a severe lack of infrastructure. So they might
recognize the existence of a problem but they haven’t found a way to tackle the issue appropriately.
This obviously calls for an international intervention and aid offered by the international community
to provide consultancy and aid to these countries.
Latin American countries still have issues in their policy making and in the carrying out of existing
policies. This may cause resistance against UN policies and regulations. Although customs such as
FGM/C or child marriages are not as prevalent, machismo has deep cultural roots in this region.335
Machismo is “an attitude, quality, or way of behaving that agrees with traditional ideas about men
being very strong and aggressive.”336 A recent report by UN Women found that many Latin
American countries have a higher-than-average incidence of domestic violence.337 This report is
thought to directly correlate with the cultural understanding that men are stronger than women, and
thus women are susceptible to violence. Some countries have increased protection for victims
through setting up specialists in police stations for women; Brazil, Uruguay, and Venezuela have also
established special courts dedicated to domestic violence cases.338 However, machismo is still
prevalent in Latin American countries and should be a central focus for these states. Delegates
should research existing government policies and positions relating the cultural practices and
influences that exist within their country. If the country has signed documents relating to the
protection of women’s health from harmful traditional practices, try to understand reasons why the
situation is or is not improving.
COMMITTEE MISSION
Addressing socio-cultural influences on women’s health in developing countries is a comprehensive
issue. Delegates must understand that this is an issue that requires both short-term and long-term
solutions. Short-term issues can focus on helping the women who already have health problems
access the medical care and protection they need, while long-term solutions should focus on
addressing the reasons why the women are put into that situation in the first place. Although not
directly involved in this topic, developed states play crucial roles, as they are the role models for the
developing countries. As a whole, SOCHUM should address two main issues: government
accountability and awareness and education.
Government accountability is crucial while addressing this issue. Governments of developing
nations need to take responsibility for the tragic events going on in their countries that are harming
the health of many women. These states should develop policies and regulations that provide them
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
“Laws to Punish Domestic Violence Are Too Often Honored in the Breach,” The Economist, 21 Sept. 2013, accessed 2
Aug. 2014, http://www.economist.com/news/americas/21586575-laws-punish-domestic-violence-are-too-oftenhonoured-breach-everyday-aggression.
336 “Machismo,” Merriam-Webster, accessed 2 Aug. 2014, http://www.merriam-webster.com/dictionary/machismo.
337 “Laws to Punish Domestic Violence Are Too Often Honored in the Breach.”
338 Ibid.
335
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with guidelines they need to understand when to intervene in a situation. Developed countries need
to not only provide incentives for developing countries to follow international guidelines and rules,
but also act as positive role models. Developing countries may justify the situations in their countries
by pointing out the flaws in developed countries’ policies.
Awareness and education also plays an important role in this topic, and delegates should address this
while debating and writing. It is not only important that the women receive the education they need,
it is also crucial that the men and religious leaders in these countries receive the education they need.
The beliefs of religious leaders are highly regarded in many cultures, and if they were to become
more educated, the treatment of women in these areas may be improved. It is also important that
women understand the health risks of the traditional practices, as this could prevent them from
passively allowing themselves to practice the customs.
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RESEARCH AND PREPARATION QUESTIONS
As mentioned in the Note on Research and Preparation, delegates must answer each of these questions in their position papers.
TOPIC A
1. Which UN conventions and treaties that relate to prisoners’ rights have your country
signed? How has your country abided by these guidelines?
2. If your country has not signed these guidelines, what difficulties has you country faced
with the prison system?
3. What is the current conditions the prisoners in your country face?
4. What role did the use of prisons play in your country? What role does imprisonment play
in your country’s way of doing things today?
5. Are there minority groups in your prison systems, which are especially vulnerable in the
prison system?
6. How are ways to encourage governments to follow UN guidelines regarding the
treatment of prisoners?
7. What improvements does your country specifically need to better the state of prisoners’
rights? Are there other countries that could benefit from the same improvements?
8. Are there current changes occurring within your country relating to prisoners’ rights?
Can these changes be applicable to other countries?
TOPIC B
1. Are there any cultural or traditional practices or influences specifically harming women
practiced in your country?
2. Has your government done anything to address these influences? If so, what has it done
and if not, why?
3. Has your country signed any international agreements, such as the Convention on the
Elimination of All Forms of Discrimination Against Women or the Maputo Protocol,
specifically addressing this issue? Has your country followed these agreements?
4. Does your country have legislation protecting women from harmful cultural practices?
Has your country been successful in implementing these laws and regulations?
5. Does your country have NGOs currently working in the country helping to solve this
issue? Has there been progress?
6. What educational, social, and political measures should this committee take to limit
harmful traditional practices on women’s health in developing countries?
7. What steps can this committee take to ensure that countries with existing legislation on
this issue begin to implement their policies?
8. What other groups or NGOs can governments ask help from when addressing the
harmful cultural influences in their countries?
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IMPORTANT DOCUMENTS
TOPIC A
A/RES/45/111. “Basic Principles for the Treatment of Prisoners.” 14 Dec 1990. Accessed 8 Aug
2014.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrison
ers.aspx.
This is the Basic Principles for the Treatment of Prisoners.
Background Note: Open-Ended Intergovernmental Expert Group Meeting on the United Nations Standard
Minimum Rules for the Treatment of Prisoners. Vienna: UN Office on Drugs and Crime, 2012.
Accessed 29 June 2014. http://www.unodc.org/documents/justice-and-prisonreform/AGMs/Background_note.pdf.
This is a report on the Open-Ended Intergovernmental Expert Group Meetings on the SMRs.
Standard Minimum Rules for the Treatment of Prisoners. United Nations, 1955. Accessed 23 June 2014.
This is the United Nations Standard Minimum Rules for the Treatment of Prisoners.
Torture in 2014. Amnesty International, 2014. Accessed 1 July 2014.
http://amnesty.org/en/stoptorture.
This is a report published by Amnesty International on torture in 2014. It includes statistics and incidents in all
regions of the world.
TOPIC B
“Fact Sheet No.23, Harmful Traditional Practices Affecting the Health of Women and Children.”
Office of the United Nations Commissioner for Human Rights. Accessed 6 July 2014.
This is an information document on harmful traditional practices and their effects on women and the girl child.
“Women’s Health: Fact Sheet No.334.” World Health Organization. Last modified Sept 2013. Accessed
17 Aug 2014. http://www.who.int/mediacentre/factsheets/fs334/en/.
This is a WHO fact sheet on women’s health with key facts and specific facts, including those regarding maternal
health, violence, and nutrition.
“Female Genital Mutilation: The Case For A National Action Plan.” House of Commons. 25 June 2014.
Accessed 12 July 2014.
http://www.publications.parliament.uk/pa/cm201415/cmselect/cmhaff/201/201.pdf.
This is a report from the House of Commons regarding the female genital mutilation national action plan.
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BIBLIOGRAPHY
COMMITTEE HISTORY AND SIMULATION
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This article provides the agenda for the 59th Session of the General Assembly, where topics pertinent to the Third
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TOPIC A
UN Sources
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1
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“Women in the Penal System.” Parliament UK. Last modified 18 Aug. 2014.
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This is a webpage with the information about the All-Party Parliamentary Group on Women in the Penal System.
“World Report 2014: Brazil.” Human Rights Watch. Accessed 19 Aug. 2014.
http://www.hrw.org/world-report/2014/country-chapters/brazil.
This is the 2014 report on Brazil by the Human Rights Watch.
“World Report 2014: Haiti.” Human Rights Watch. Accessed 19 Aug. 2014.
http://www.hrw.org/world-report/2014/country-chapters/Haiti.
This is the 2014 report on Haiti by the Human Rights Watch.
“World Report 2014: North Korea.” Human Rights Watch. Accessed 19 Aug. 2014.
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This is the 2014 report on North Korea by the Human Rights Watch.
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SOCHUM
TOPIC B
UN Sources
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Afghanistan. Kabul, Afghanistan: United Nations Assistance Mission in Afghanistan, 2013.
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n%20E VAW%20LAW_8%20December%202013.pdf.
This is an Office of the High Commissioner for Human Rights (OHCHR) publication critiquing the implementation
of the Law on Elimination of Violence against women in Afghanistan.
A/C.3/67/L.21/Rev.1. “Intensifying Global Efforts For The Elimination of Female Genital
Mutilations.” 16 Nov 2012. Accessed 10 July 2014.
http://www.unfpa.org/webdav/site/global/shared/documents/publications/2012/67th%2
0UNGA%20-%20Resolution%20adopted%20on%20FGM.pdf.
This is a GA resolution regarding the advancement of women, specifically intensifying global efforts to eliminate
FGM/C.
“Child Marriage.” UNICEF. Last modified 11 Aug 2014. Accessed 17 Aug 2014.
This is a UNICEF webpage regarding child marriage with short paragraphs containing general information and
facts.
“Child Protection.” UNICEF. Accessed 10 July 2014. http://data.unicef.org/child-protection/fgmc.
This is a UNICEF general info page regarding child protection in relations to FGM/C.
“Convention On the Elimination Of All Forms Of Discrimination Against Women.” UN Entity for
Gender Equality and the Empowerment of Women. Accessed 10 July 2014.
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This is the Convention on the Elimination of all Forms of Discrimination against Women.
Eliminating Female Genital Mutilation: An Interagency Statement UNAIDS, UNDP, UNECA, UNESCO,
UNFPA, UNHCHR, UNHCR, UNICEF, UNIFEM, WHO. Geneva: World Health
Organization 2008. Accessed 16 Aug 2014.
This is an interagency statement regarding FGM/C that addresses several aspects of the issue.
“Ending Female Genital Mutilation Vital For Healthy Communities, Stresses UN Official.” UN
News Centre, 16 June 2014. Accessed 6 July 2014.
http://www.un.org/apps/news/story.asp?NewsID=48057#.U6lEGI1dV7Y.
This is a UN news article regarding the High Commissioner for Human Rights’ statement emphasizing the
importance of the ending of FGM/C.
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SOCHUM
Helmore, Kristin. “Ending Harmful Practices Through Community-Led Social Change in Senegal.”
UNFP. 20 April 2010. Accessed 17 Aug 2014.
http://www.unfpa.org/public/news/pid/5181.
This is a UNFP news article on the ending of harmful practices in Senegal through community-led social change.
“Marking International Widows’ Day, Ban Urges End to Harmful Practices, Abuse Against
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This is a UN news article regarding the harmful abuse against widows a year after the marking of the first
international widows’ day.
“Obesity and Overweight.” World Health Organization. Last modified May 2014.
This is a WHO factsheet on obesity and overweight with key facts and specific facts, including the cause and the
consequences of the issue.
Unsafe Abortion: Global and Regional Estimates of the Incidence of Unsafe Abortion and Associated Mortality in
2008. Geneva: World Health Organization, 2011. Accessed 16 Aug 2014.
This is a WHO publication regarding unsafe abortions with global and regional estimates.
Widowhood: Invisible Women, Secluded or Excluded. UN Division for the Advancement of Women
Department of Economic and Social Affairs 2001. Accessed 12 July 2014.
http://www.un.org/womenwatch/daw/public/wom_Dec%2001%20single%20pg.pdf.
This is a UN publication on widowhood and the specific vulnerabilities of this group of women.
Women, Gender Equality and Sport. UN Division for the Advancement of Women Department of
Economic and Social Affairs 2007. Accessed 2 Aug 2014.
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This is a UN publication part of the Women2000 and Beyond collection published to promote the goals of the Beijing
declaration and the platform for action. This one in particular focuses on women, gender equality and sport.
Other Sources
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This is the information page of the Inter-African Committee, whose mission is an African Region free of female genital
mutilation and gender related harmful practices.
Badran, Mohammad and Ismail Laher. “Obesity in Arabic-Speaking Countries.” Journal of Obesity
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This is a review article on obesity in Arabic-speaking countries including statistics.
Brady, Tara. “Meet the Last of China’s Women to Have Her Feet Bound: 102-Year-Old Subjected
to Ancient Custom Had Her Toes Broken When She Was Just Two-Years-Old.” Daily Mail,
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SOCHUM
23 Sept 2013. Accessed 13 July 2014, http://www.dailymail.co.uk/news/article2429992/Han-Qiaoni-102-woman-bound-feet-toes-broken-just-2.html.
This is a news article about one of the last Chinese women who had her feet bound due to the antiquated custom.
“Calories.” United States Department of Agriculture. Accessed 14 July 2014.
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This is a United States Department of Agriculture webpage with estimations of how many calories one can have
depending on their age.
“Chinese Girl with Bound Feet.” San Francisco Museum. Accessed 13 July 2014.
http://www.sfmuseum.org/chin/foot.html.
This is a webpage from the San Francisco Museum on the old Chinese tradition of bounding feet.
“Country Profile 2014: Mauritania.” The Africa Report. Accessed 12 July 2014.
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This is the Mauritania country profile, with political changes that occurred in 2013 and 2014.
Cultural Practices and Their Impact on the Enjoyment of Human Rights, Particularly the Rights of Women and
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Aug 2014.
http://www.medcol.mw/commhealth/publications/cultural_practices_report.pdf.
This is a publication by the Malawi Human Rights Commission on the cultural practices’ impact on the human rights
of women and children in Malawi.
Curnow, Robyn and Jenni Watts. “Lawyer Fights ‘Widow Sex’ Tradition In Malawi.” CNN, 21
March 2013. Accessed 11 July 2014. http://www.cnn.com/2013/03/21/world/africa/seodiwhite-women-malawi/.
This is a CNN article on the ‘widow sex’ tradition in Malawi, including ‘widow cleansing’, the power of education,
and the ‘dispossession’ of widows.
Ellin, Abby. “Exercise Tailored to A Hijab.” The New York Times, Sept 9 2009. Accessed Aug 16
2014. http://www.nytimes.com/2009/09/10/health/nutrition/10fitness.html?_r=0.
This is a New York Times news article on the tailoring of the hijab for exercise purposes.
“Failure To Stop FGM Is A ‘National Scandal’, Say MPs.” BBC News, 3 July 2014. Accessed 16 July
2014. http://www.bbc.com/news/uk-28127678.
This is a news article on the FGM/C situation in Britain that includes the statement from a MP and facts regarding
FGM/C.
“FGM, Possible Cause of Maternal Deaths in Northern Ghana.” Vibe Ghana, 3 July 2014. Accessed
11 July 2014. http://vibeghana.com/2014/07/03/fgm-possible-cause-of-maternal-deathsin-northern-ghana/.
This is a news article with information from Madam Kate Bob Milliar, the National Director of the Ministry of
Gender, Children and Social Protection in Ghana. She suggests that FGM may be the cause of maternal deaths in
northern Ghana.
- 63 -
SOCHUM
Goonesekere, Savitri. Harmful Traditional Practices in Three Countries of South Asia: Culture, Human Rights
and Violence Against Women. Economic and Social Commission for Asia and the Pacific.
Accessed 25 July 2014. http://www.unescapsdd.org/files/documents/SDD_pub_2530.pdf.
This is a publication prepared by the Social Development Division of ESCAP on the harmful traditional practices in
three countries of South Asia: Bangladesh, Nepal, and Sri Lanka.
Hastings, Deborah. “Swedish Health Authorities Discover Every Girl In One Class Had Undergone
Genital Mutilation: Report.” NY Daily News, 20 June 2014. Accessed 6 July 2014.
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This is a news article regarding the genital mutilation situation in Sweden.
Helmore, Kirstin. “Ending Harmful Practices Through Community-Led Social Change in Senegal.”
United Nations Population Fund, 20 April 2010. Accessed 16 Aug 2014.
http://www.unfpa.org/public/news/pid/5181.
This is a UNFPA news article about Tostan, an organization that is designed to empower communities to end
harmful practices.
“History Lesson: Lead, Mercury and Leeches Were Used to Whiten Complexions in the 1400s.”
Whiterskin. Last updated 3 May 2014. http://www.whiterskin.info/history-lesson-leadmercury-and-leeches-were-used-to-whiten-complexions-in-the-1400s/.
This is webpage on the consequences of the historical whitening methods, such as lead, mercury, and leeches.
Johnsdotter, Sara. “The FGM Legislation Implemented: Experiences From Sweden.” Universitat de
Valencia. Jan 2009. Accessed 12 July 2014. http://www.uv.es/cefd/17/Johnsdotter.pdf.
This is a publication on the implementation of FGM legislation in Sweden. It discusses the FGM Act, the duty to
report, and other areas of the issue.
Kyo, Cho. The Search for the Beautiful Women. Lanham, Maryland: Rowman & Littlefield Publishers,
2012.
This is a book about previous Chinese and Japanese beauty ideals, specifically relating to women.
“Lead Poisoning.” Mayo Clinic. Last modified 10 June 2014. http://www.mayoclinic.org/diseasesconditions/lead-poisoning/basics/symptoms/con-20035487.
This is a Mayo webpage with the symptoms of lead poisoning in newborns and adults.
Mayell, Hilary. “Thousands of Women Killed for Family “Honor.” National Geographic News, 12 Feb
2002. Accessed 16 Aug 2014. http://www.unl.edu/rhames/courses/212/readings/honorkil-ng.pdf.
This is a National Geographic news article on honor killings and the value of women in specific areas.
Musaiger, Abdulrahman O. Overweight and Obesity in the Arab Countries: The Need for Action. Bahrain:
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SOCHUM
This is a paper by the Assistant Secretary General for Scientific Studies on the overweight and obesity situation in the
Arab Countries.
Musaiger, Abdulrahman O. et al. “Strategy to Combat Obesity and to Promote Physical Activity in
Arab Countries.” Diabetes Metab Syndr Obes. 4 (2011): 89-97. Accessed 2 Aug 2014.
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This is a paper with strategies to combat the obesity crisis in Arab countries, including specific ways to promote
physical activity.
Pandey, Ambika. “The State of Widows.” The Himalayan Times, 24 July 2014. Accessed 2 Aug 2014.
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ewsID=422115.
This is a news article on the state of widows in developing countries.
Patton, Tracey Owens . “Hey Girl, Am I More Than My Hair?: African American Women and
Their Struggles With Beauty, Body Image, and Hair.” NWSA Journal 18, No. 2 (2006): 24-51.
Accessed 6 July 2014. http://www.jstor.org/stable/4317206.
This is a journal article on the African American Women beauty ideals.
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Africa.” African Commission on Human and Peoples’ Rights. Accessed 17 Aug 2014.
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This is the protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa.
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This is a book that looks at women in different cultures.
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This is the Encyclopaedia Britannica definition of suttee.
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This is a History webpage with information about slavery in America.
Smith, Alex Duval. “Girls Being Force-Fed For Marriage As Fattening Farms Revived.” The
Guardian, 28 Feb. 2009. Accessed 11 July 2014.
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This is a news article on the forced feeding tradition in different countries in Africa.
Synon, M. E. “Rise in Female Genital Mutilation, Inspectors Find Entire School Classes Victims.”
Breitbart, 20 June 2014. Accessed 2 Aug 2014. http://www.breitbart.com/BreitbartLondon/2014/06/20/Female-genital-mutilation-in-Sweden-all-30-girls-in-one-class-cut.
This is a news article about the finding of 60 cases of FGM among school girls in the small Swedish city of
Norrkoping.
- 65 -
SOCHUM
“The Health Effects of Overweight and Obesity.” Centers for Disease Control and Prevention. Last
modified 6 Dec 2014, http://www.cdc.gov/healthyweight/effects/.
This is a Centers for Disease Control and Prevention information page on the health effects of overweight and obesity.
Trivedi, Anjani. “Every Two Hours in India, A Woman Dies From An Unsafe Abortion.” Time, 19
July 2014. Accessed 16 Aug 2014. http://world.time.com/2013/07/19/world-populationfocus-on-india-part-2-unsafe-abortions/.
This is a Times article regarding abortions in India, including statistics and information about the politics of the
situation.
Wedoud, Mohamed Yahya Abdel. “Women Fight Mauritania’s Fattening Tradition.” CNN, 12
October 2013. Accessed 6 July 2014.
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This is an article talking about the fattening tradition in Mauritania.
Waterlow, Lucy. “Force Fed To Find A Husband: How Mauritanian Women Are Fattened Up ‘Like
Foie Gras Geese’ and Take Dangerous Animal Growth Hormones to Satisfy Men’s Love
For Larger Lady.” Daily Mail, 15 July 2013. Accessed 6 July 2014.
http://www.dailymail.co.uk/femail/article-2364060/Force-fed-husband-How-Mauretanianwomen-fattened-like-foie-gras-geese-dangerous-animal-growth-hormones-satisfy-mens-lovelarger-lady.html.
This is an article talking about the force-feeding traditions in Mauritania.
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