BISMUN 2016

3rd Committee of the General Assembly (SOCHUM)

Study Guide

TOPIC AREA A
Political Prisoners and prisoners of Conscience with respect the the right to
freedom of expression.

TABLE OF CONTENTS
1. Welcoming Letter
2. Introduction
3. Political Prisone rs
3.1 Definition and Criteria
3.1.1 Council of Europe
3.1.2 Amnesty International
3.2 The right to a fair trial
4. Prisone rs of Conscience
5. The right to freedom of expression
5.1 Media Freedom
5.1.1 Protection of Journalists and Sources
6. Limitations to freedom of expression
6.1 Hate Speech
6.2 Political Extre mis m
6.3 Religious Radicalization
7. Introducing Examples
8. Conclusion
9. Points to consider during debate
10. Bibliography

1. WELCOMING LETTER
Dear all,

It is our great honor to welcome you all to the SOCHUM committee of BISMUN 2016.
This years topics reflect some of the dominant concerns of the world society. It is our strong
belief that equality and justice regarding human rights are the basis of the worlds peace and
security and thus, they shall not be applied selectively to people.
By choosing the controversial issue of political prisoners regarding their right to freedom of
expression and the emerging issue of the increasing refugee flows, we hope to share our
concerns, exchange ideas, have productive discussions, innovative outcomes, great experiences
and finally provide a physical solution to issues that despite of various efforts, still remain
unresolved.
However, to achieve this, we ask from you a profound research upon the topics, a precise
knowledge of your countrys position, a responsible presence into the committee and a sincere
cooperation with all delegates. During your preparation and your participation in the conference,
we remain at your disposal.

Looking forward to meeting each and every one of you. Our voices are being heard, so give it
your best shot.

The Board of SOCHUM,

Didili Zoi
Dedousi Evangelia

2.

INTRODUCTION

The Social, Humanitarian and Cultural Affairs Committee as its definition indicates, has on the
centre

of

its

attention

whatever

concerning

the

human

beings.

The General Assembly allocates to the commonly referred to as the Third Committee. An
important part of the work of the Committee focuses on the examination of human rights
questions, including reports of the special procedures of the Human Rights Council which was
established in 2006. Its agenda items relate to the advancement of women, the protection of
children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms
through the elimination of racism and racial discrimination, and the right to selfdetermination. The Committee also addresses important social development questions such as
issues related to youth, family, aging, persons with disabilities, crime prevention, criminal
justice, and international drug control.

3.

POLITICAL PRISONERS
3.1 Definition and Criteria

In an international legal nature, the concept of a political prisoner still remains undefined. In
most times political prisoners consist of journalists, activists and government critics that have
been punished either for their supporting their beliefs, or for revealing a non profitable for the
government truth and who find themselves helpless before the law. In few words, the political
leadership silences the government critics or those who are possible of creating the social riot, by
imprisoning them or censoring them in order to sustain its supremacy.

However, although it is an issue of a major significance, there is still a lack of any legal
document that would provide the common legal basis to define the terms of political prisoner.

Thus, even international courts avoid using this definition. From this issue derives the question
Who decides who is a political prisoner?

3.1.1 The Council of Europe

The need to provide a legal document that would define the term of a political prisoner came
again to the agenda with regard to the accession of Armenia and Azerbaijan to the Council of
Europe.

The Parliamentary Assembly of the Council of Europe (PACE), in its Resolution 1900
(October 2012), was the first major intergovernmental organization that managed to set concrete
criteria 1 to define a person as a political prisoner. These are the following:

In Art. 3, the Assembly reaffirms its support for these criteria, summed up as follows:
A person deprived of his or her personal liberty is to be regarded as a political prisoner:
a. if the detention has been imposed in violation of one of the fundamental guarantees set
out in the European Convention on Human Rights and its Protocols (ECHR), in particular
freedom of thought, conscience and religion, freedom of expression and information, freedom of
assembly and association;
b. if the detention has been imposed for purely political reasons without connection to any
offense;
c. if, for political motives, the length of the detention or its conditions are clearly out of
proportion to the offense the person has been found guilty of or is suspected of;
d. if, for political motives, he or she is detained in a discriminatory manner as compared to
other persons; or,
e. if the detention is the result of proceedings which were clearly unfair and this appears to
be connected with political motives of the authorities. (SG/Inf(2001)34, paragraph 10).
1

The defin ition of political prisoner, Parliamentary Assembly Assembly.coe.int, (2016). Parliamentary Assembly's
Documents. [online] Available at : http://assembly.coe.int/nw/xml/ XRef/Xref-DocDetailsEN.asp?FileID=19150&lang=EN [Accessed 3 Jan. 2016].

In Art. 4 is stated who is not defined as a political prisoner.

Those deprived of their personal liberty for terrorist crimes shall not be considered political
prisoners if they have been prosecuted and sentenced for such crimes according to national
legislation and the European Convention on Human Rights (ETS No. 5).

3.1.2 The Amnesty International

Based on its handbook 2 on political prisoners, a political prisoner can be considered:
a. a person accused or convicted of an ordinary crime carried out for political motives,
such as murder or robbery carried out to support the objectives of an opposition group;
b. a person accused or convicted of an ordinary crime committed in a political context,
such

as

at

demonstration

by

trade

union

or

peasants'

organization;

c. a member or suspected member of an armed opposition group who has been charged
with treason or subversion.

3.2 The right to a fair trial

The unfair imprisonment of people, the lack of independence of the judiciary, the torture while
detention and the injustice before the law are facts that violate the fundamental rights of all
human beings that are set in international and regional human rights treaties.
The milestone of protection is the Universal Declaration of Human Rights (UDHR) where in
Article 9 is stated that:
9. No one shall be subjected to arbitrary arrest, detention or exile.
After the adoption of UDHR, the International Covenant on Civil and Political Rights
(ICCPR) 3 gave more detail upon this right and its protection, in Article 14.

Amnesty-volunteer.org, (2016). [online] Available at: http://www.amnestyvolunteer.org/aihandbook/ch3.html#Po lit icalprisoners [Accessed 3 Jan. 2016].
3
See the exact content: Ohchr.org, (2016). International Covenant on Civil and Political Rights. [online] Availab le
at: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [Accessed 4 Jan. 2016].

With regional treaties, in the African Charter on Human and Peoples Rights (ACHPR) 4 is
stated inter alia the equality before the law (Art.3), the right to a fair trial (Art.7) and the duty for
the independence of the Courts (Art.26).
In the Ame rican Convention on Human Rights 5 , is also stipulated inter alia, the right to
juridical personality (Art.3), the right to a fair trial (Art.8) the freedom from ex post facto laws
(Art.9)

and

the

right

to

compensation

(Art.10)

In the European Charter on Human Rights 6 as well and in the 7th Protocol to the Charter is
underlined the right of appeal in criminal matters (Art.2) and the right not to be tried or punished
twice (Art.4).

4.

PRISONERS OF CONSCIENCE

Amnesty International, since it is very early founding in 1961, it has been supporting human
rights of prisoners of conscience (POC) which is a term that uses more widely than the one of
political prisoners. Although POC fall within the "political prisoner" designation, they are
defined

more

rigidly.

According

to

AI

the

prisoners

of

conscience 7

are:

People who have been jailed because of their political, religious or other conscientiously-held
beliefs, ethnic origin, sex, color, language, national or social origin, economic status, birth,

See the exact content: Achpr.org, (2016). African Charter on Human and Peoples' Rights / Legal Instruments /
ACHPR. [online] Available at : http://www.achpr.org/instruments/achpr/#a7 [Accessed 4 Jan. 2016].
5
See the exact content: Cidh.org, (2016). Basic Documents - American Convention. [online] Available at:
http://www.cidh.org/Basicos/English/Basic3.A merican%20Convention.htm [Accessed 4 Jan. 2016].
6
See the exact content: http://www.echr.coe.int/Docu ments/Convention_ENG.pdf
7
Amnesty International USA, (2016). Prisoners o f Conscience. [online] Available at:
http://www.amnestyusa.org/our-work/issues/prisoners-and-people-at-risk/prisoners-of-conscience [Accessed 30 Jan.
2016].

sexual orientation or other status, provided that they have neither used nor advocated violence.
The article The Forgotten Prisoners

by Peter Benenson, published in The Observer (28 May

1961), launched the campaign Appeal for Amnesty 1961 and first defined a prisoner of
conscience

Any person who is physically restrained (by imprisonment or otherwise) from expressing (in any
form of words or symbols) any opinion which he honestly holds and which does not advocate or
condone personal violence. We also exclude those people who have conspired with a foreign
government to overthrow their own.

It is to be noted the quote of the founder of Amnesty International, Peter Benenson the describes
perfectly the function of the organization.
Only when the last prisoner of conscience has been freed, when the last torture chamber has
been closed, when the United Nations Universal Declaration of Human Rights is a reality for the
worlds people, will our work be done.

5.
Free

THE RIGHT TO FREEDOM OF EXPRESSION

speech

is

not

so

free

when

it

costs

your

liberty.

Throughout the world, people face harassment and imprisonment as a result of exercising their
right to freedom of expression. Those are individuals, groups of people or organizations who
promote and protect human rights through peaceful and non- violent means. Because of their
activities, human rights defenders can become a target of abuse. Governments, security forces,
business interests, armed groups, religious leaders and sometimes even their own families and
8

Amnesty International USA, (2016). The Forgotten Prisoners by Peter Benenson. [online] Available at:
http://www.amnestyusa.org/about-us/amnesty-50-years/peter-benenson-remembered/the-forgotten-prisoners-bypeter-benenson [Accessed 4 Jan. 2016].

communities

can

try

and

silence

their

dissenting

opinions

or

actions.9

The right to freedom of expression is guaranteed by a number of global and regional human
rights treaties, as well as by international law. The cornerstone that mainly protects the right to
freedom of expression - since it acknowledged for the first time the right to freedom of
expression - , is the Universal Declaration of Human Rights (UNHR) in Article 19, as it is
clearly stated that everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers10 . This right, however is
different from the right to private freedom of opinion and the public freedom of expression.

The right to freedom of expression protects the following fields:

- Freedom of opinion
- Freedom of speech, orally, in writing, in print, in art or any other media
- Freedom of information
- Freedom of the media
- Freedom of international communication
- Freedom of electronic communication

As every right, however, it has both privileges and responsibilities that may frequently clash with
other rights and fundamental freedoms (i.g the right to privacy). Thus, every person should enjoy
his right respecting simultaneously the rights of others.

The Inte rnational Covenant on Civil and Political Rights (ICCPR) complements the UNHR,
providing similar statements concerning the right to freedom of expression

Amnesty International USA, (2016). Censorship and Free Speech. [online] Available at:
http://www.amnestyusa.org/our-work/issues/censorship-and-free-speech [Accessed 3 Jan. 2016].
10
Universal Declaration of Hu man Rights (1948), article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it
special duties and responsibilities. It may therefore be subject to certain restrictions, but these
shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others.
(b) For the protection of national security or of public order, or of public health or
morals.

In 1993, the United Nations Commission on Human Rights established the mandate of the
Special Rapporteur 11 on the promotion and protection of the right to freedom of opinion
and expression, which since then, has been extended three times with the Resolutions 7/36, 16/4
and 25/2. Annually the Special Rapporteur is required to submit a report to the Commission
covering the activities relating to his or her mandate, containing recommendations to the
Commission and providing suggestions on ways and means to better promote and protect the
right to freedom of opinion and expression in all its manifestations.

The European Convention on Human Rights in its Articles 10 and 11 states that:
1. Everyone has the right to freedom of expression. this right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.
2.The exercise of these freedoms, since it carries with it duties and responsibilities, may
be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and
11

Ohchr.org, (2016). SR on the promotion and protection of the right to freedom of opinion and expression. [online]
Available at : http://www.ohchr.org/EN/ISSUES/FREEDOMOPINION/ Pages/OpinionIndex.asp x [Accessed 3 Jan.
2016].

are necessary in a democratic society, in the interests of national security, territorial integrity or
public safety, for the prevention of disorder or crime, for the protection of health or morals, for
the protection of the reputation or the rights of others, for preventing the disclosure of
information received in confidence, or for maintaining the authority and impartiality of the
judiciary.
The Inte r - American Declaration of Principles on Freedom of Expression12 in Articles 1 and
2 states that:
1. Freedom of expression in all its forms and manifestations is a fundamental and
inalienable right of all individuals. Additionally, it is an indispensable requirement for the very
existence of a democratic society.
2. Every person has the right to seek, receive and impart information and opinions freely
under terms set forth in Article 13 of the American Convention on Human Rights. All people
should be afforded equal opportunities to receive, seek and impart information by any means of
communication without any discrimination for reasons of race, color, sex, language, religion,
political or other opinions, national or social origin, economic status, birth or any other social
condition.

Since freedom of expression is a broad term with various aspects, for the sake of our topic and to
maintain only the directly affected part of it, we will focus on the cases of media and journalists,
activists and human rights defenders.

5.1.1 Media Freedom

Most common methods used to deprive journalists and media in general, of uncensored speech
and to suppress them and their ideas, is by using violence or by banning and seizing the news
content. Frequently, when news that media present, clash with government interests, it is highly
12

Iachr.org, (2016). Declaration - Freedom of Expression. [online] Available at :

http://www.iachr.org/declarat ion.htm [Accessed 3 Jan. 2016].

possible that penalties will be posed, or the principles sill shut down the function of the media
body, under the scope that the content of their news threatens the safety of the nation. Thus, since
sources of information that are controversial are being eliminated, it becomes impossible to
justify

whether

the

government

accusations

were

grounded

or

not.

In May 2, 2013, ahead of World Press Freedom Day, the OSCE Chairperson-in-Office,
Ukrainian Foreign Minister Leonid Kozhara stated: Unfortunately, even in the OSCE region
there are reasons for concerns about journalists' rights, including their security. Many of the
attacks against them are never resolved, the perpetrators and the masterminds are not
prosecuted. This is unacceptable. All journalists and media workers need to work without fear,
in security and

safety. There can be no

impunity for crimes against them.13

To ensure that media will enjoy the right to freedom of expression the Organization for
Security and Cooperation in Europe has set some provisions in the Budapest Document 14 in
three Articles:
36. The participating States reaffirm that freedom of expression is a fundamental human
right and a basic component of a democratic society. In this respect, independent and pluralistic
media are essential to a free and open society and accountable systems of government. They take
as their guiding principle that they will safeguard this right.
37. They condemn all attacks on and harassment of journalists and will endeavor to hold
those directly responsible for such attacks and harassment accountable.
38. They further note that fomenting hatred and ethnic tension through the media,
especially

13

by

governments,

can

serve

as

an

early

warning

of

conflict.

UOsce.usmission.gov, (2016). US OSCE Statements | OSCE - United States Mission. [online] Available at:
http://osce.usmission.gov/sept_25_13_sessioniv.html [Accessed 3 Jan. 2016].
14
Osce.org, (2016). [on line] Availab le at: http://www.osce.org/mc/39554?down load=true [Accessed 30 Jan. 2016].

In

the Istanbul Document 15

(1999) of OSCE

it

is expressed

inter alia

that:

27. We are deeply concerned about the exploitation of media in areas of conflict to
foment hatred and ethnic tension and the use of legal restrictions and harassment to deprive
citizens of free media. We underline the need to secure freedom of expression, which is an
essential element of political discourse in any democracy. We support the Office of the
Representative on Freedom of the Media in its efforts to promote free and independent media.

With a first view, someone would note that in the term media, Internet as a means cannot be
applied, if we bear in mind the time that the document was drafted. The answer to this view point
and definition gap, seems to have covered the Art. 2 of the ICCPR (exact phrase through any
media of his choice) alongside the Report 16 of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, which included the use of internet
as

way

to

access

information.

The European Court of Human Rights, with regards to the cases Handyside v. United
Kingdom(1976) 17 and the Otto Preminger Institut v Austria(1994) 18 has come up with
adjudications that state that the freedom of the press enjoys wider protection even in types of
speech that exceed the permissible extent and reaches the threshold of an insult, as long as it does
not reach the ultimate threshold of the gratuitously offensive speech, which is exactly the
speech that inhibits those who hold any opinion from exercising the freedom to hold it.

15

Osce.org, (2016). [on line] Availab le at: http://www.osce.org/mc/39569?down load=true [Accessed 30 Jan. 2016].
Frank La Rue, April 17, 2013,
http://www.ohchr.org/Docu ments/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_ EN.pdf
17
Hrcr.org, (2016). Access to Information. [online] Available at :
http://www.hrcr.org/safrica/access_information/ECHR/Handyside.html [Accessed 30 Jan. 2016].
18
Hrcr.org, (2016). Freedom o f religion and other beliefs. [online] Available at:
http://www.hrcr.org/safrica/relig ion/Otto.html [Accessed 30 Jan. 2016].
16

It has to be noted though, that media freedom cannot be selectively interpreted since it concern
both government critic but propaganda as well. It is mostly common in n non-democratic states,
where media are being paid by the government and state actors in order to support their profits.
5.1.2 Protection of Journalists and Sources

The extreme level of violence towards journalists all around the world and the lack of protection
of sources and of impunity to those who committed the violent act was a fact that marked the
year 2014. In the countries of Syria, Palestine, Ukraine, Iraq and Libya the number

19

of

journalists that were killed was 71 and those kidnapped 119. The only haven that journalists can
find for their integrity derives from the international law and is named protection of the
sources. It is of utmost importance that journalists have the ability and safety to maintain
unrevealed the identity of an anonymous source for any store that they may present. In this way,
not only courts, but also authorities are prohibited from forcing journalists to witness their
source. This provides the ability for anyone with important information, to share them, since
there

is

the

guarantee

of

anonymity.

The Reporte rs Without Borde rs (RSF), additionally was founded in France in 1985 with the
basic aim to defend the freedom of expression and corresponds worldwide. More specifically, it
continuously monitors attacks on freedom of information, denounces any such attacks in the
media, acts in cooperation with governments to fight censorship and laws aimed at restricting
freedom of information and assists morally and financially persecuted journalists, as well as their
families, offers material assistance to war correspondents in order to enhance their safety. The

19

En.rsf.org, (2014). RWB publishes 2014 round-up of violence against journalists - Reporters Without Borders.
[online] Available at: https://en.rsf.org/rwb-publishes-2014-round-up-of-16-12-2014,47388.html [Accessed 3 Jan.
2016].

RSF, strongly campaigning to ensure the journalists right to do their job free, have gathered a
global list 20 of prisoners that their cases contains elements of government interest.

The European Court of Human Rights has characterized in the case Goodwin v. United
Kingdom21 (1996) the protection of journalistic sources as one of the basic conditions for press
freedom. Inter alia continues saying that without this protect, sources may be deterred from
assisting the press in informing the public on matters of public interest. As a result, the vital
public-watchdog role of the press may be undermined and the ability of the press to provide
accurate and reliable information may be adversely affected. The Court concluded that absent
"an overriding requirement in the public interest", an order to disclose sources would violate the
guarantee of free expression in the Article 10 of the European Convention on Human Rights.

In the Inte r-American Declaration of Principles on Freedom of Expression in Principle 8 is

stated

that:
8. Every social communicator has the right to keep his/her source of information, notes,

personal

and

professional

archives

confidential.

The Declaration of Principles on Freedom of Expression in Africa has been adopted by the
African Commission on Human and Peoples Rights. Under the Principle XV, this document
mentions

20

the

right

to

the

protection

of

sources.

En.rsf.org, (2012). Who we are ? - Reporters Without Borders. [online] Available at : http://en.rsf.org/who-we-are12-09-2012,32617.ht ml [Accessed 3 Jan. 2016].
21
Worldlii.org, (2016). GOODWIN v. THE UNITED KINGDOM - 17488/90 [1996] ECHR 16 (27 March 1996).
[online] Available at: http://worldlii.org/eu/cases/ECHR/1996/ 16.ht ml [Accessed 3 Jan. 2016]

6. LIMITATIONS TO FREEDOM OF EXPRESSION

6.1 Hate Speech

To understand better the broad term of freedom of expression, it is essential that we first define
the controversial aspect of hate speech, which consists one of the limitations to this term.
- Hate speech is the advocacy of hatred based on nationality, race or religion - occupies an
exceptional position in international law, although there is no universally accepted definition of
it that is legal binding. To prevent incidents of hate speech, many legal actions have been taken
to create a protectional framework. However, it is undeniable that there is a lack of a
comprehensive policy that would deal with hate speech and hate crime.
At an EU level, there is the Council Frame work Decision 2008/913/JHA (CFD) that requires
from member - states to penalize the most severe forms of hate speech and hate crime.
At a universal level, in the International Covenant on Civil and Political Rights (ICCPR) in
Art.20

is

set

that

(i) Any propaganda for war shall be prohibited by law.

(ii)Any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination,

hostility

or

violence

shall

be

prohibited

by

law.

With these provisions, hate speech is excluded from the protective scope of the right to freedom
of expression. Thus, freedom of expression is not absolute and it can be limited when it conflicts
with other rights.

6.2 Political extremis m

Political extremism is generally defined as a tendency to go to extremes or an instance of going

to extremes in politics. The characteristic of political extremism is the promotion of racism,
hatred and xenophobia towards specific target groups, either minorities, vulnerable groups etc.

In times of economic crisis and political instability which lead to social turbulences, the
implementation of radical policies that reach the levels of extremism is highly possible. Based on
these phenomena, public authorities seize the opportunity to impose measures and laws that
violate human rights and peoples freedoms, with the excuse of maintaining public order and
national security. Freedom of expression has been hedged in a number of limitations which
mostly deal with the expression of sentiments contrary to prevailing political beliefs.

There is a lack of legal framework that sets clear lines for political extremism. Consequently, the
boundaries between the freedom of (political) expression, thought, conscience and political
extremism are easy to cross and this vague legal framework often provides the ground for
malpractices. This type of expression does not belong to the protective scope of freedom of
expression.

6.3 Religious Radicalization

Radicalization could be described as the process by which an individual or a group adopts

extreme religious - in our case - ideals and aspirations (it could be also social and political), that
a) reject or undermine the status quo or b) reject and/or undermine contemporary ideas and
expressions

of

freedom

of

choice.

Freedom of expression is a foundation for religious and political activities and it is often
connected with the right to freedom of though and assembly. However, one of the occasions that

face restrictions is when it crosses the boundaries of simply expressing religious beliefs and turns
to religious radicalization. The right that everyone possesses and allows him to choose his own
religion, to form his own conscience and though is set by the Universal Declaration of Human
Rights, where in Art. 18 is stipulated that:
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

There is no concrete definition of religious radicalization and thus, the boundaries are quite fluid.
However, in no case should religious radicalization find ground to religious tolerance.

Using the example of the phenomenal rising of Jihad which foresees as an Islamic term the duty
of Muslims to spread their religion, under no circumstances can freedom of expression be
connected with the right to freedom of religion in the terms of manifesting own religion or belief.
Factors such as anger at injustice, moral superiority, a sense of identity and purpose, the promise
of adventure, and becoming a hero have all been implicated in case studies of their
radicalization. Religion and ideology serve as vehicles for an us versus them mentality and as
the justification for violence against those who represent the enemy, but they are not the
drivers of radicalization. 22

The right to freedom of expression can by no means allow this type of expression, used for the
purposes of Jihad, since it does not protect violence and especially crimes to humanity.

22

Aly, A. (2015). The role of Islam in radicalisation is grossly overestimated. [online] the Guardian. Available at:
http://www.theguardian.com/co mmentisfree/2015/jan/14/the-role-o f-islam-in-radicalisation-is-grosslyoverestimated [Accessed 30 Jan. 2016].

7. INTRODUCING EXAMPLES

7.1

The

example

of

Russia

Pussy

Riot

and

anti-Putin

protests.

The example of Russia is a quite popular one concerning the way government deals with
occasions that oppose to the indicated behavior. It firstly came to obscurity in 2013, during the
Sochi

Winter

Olympic

Games

and

the

simultaneous

new

legal

framework.

Human rights defenders ask from

Russia to synchronize its system and
its social policy, to reflect the needs
of

the

vulnerable

groups,

of

minorities and of people that face

injustice.
23

Pussy Riot, including Nadezhda (Nadya)

Tolokonnikova, in the blue balaclava and M aria

Alyokhina in the pink balaclava, are attacked by
Cossack

militia

in

Sochi,

Russia,

on

19

February

2014.

Photograph:

M orry

Gash/AP

To this request, the justification that Russia presents regarding its, is that a radical change to its
(on its opinion) indisputable policy and decisions or morals that have been known until know,
will only bring more chaos in peoples reactions and social riot as well. Pussy Riots members,
Tolokonnikova and Alyokhina were freed by presidential amnesty last December after serving
18 months behind bars. They were punished for participating in an anti-Putin punk protest in
Moscows Christ the Savior cathedral 40 seconds in which the women, dressed in rainbowcolored tights and balaclavas, sang a punk prayer. (Virgin Mary, mother of God, banish Putin!
Virgin

23

Mary,

mother

of

God,

banish

him

we

pray

thee!).

Hard ing, L. (2014). Russian activists Pussy Riot visit UK to talk politics, prison reform and punk. [online] the
Guardian. Available at : http://www.theguardian.co m/world/2014/nov/13/pussy -riot-in-london-on-protest-prisonand-putin [Accessed 3 Jan. 2016].

Memorial, which is a leading human rights group in Russia,

is claiming that the country

currently has at least 50 political prisoners, according to the latest list, released by the group the
summer of 2015.

7.2

The

example

of

Turkey

The

editors

of

Cumhuriyet

In a few words, being an activist or a journalist of the opposition in Turkey, is combined with
facing tough times defending yourself and your beliefs. Not only because it means that you have
to oppose to a dominant government with a clear policy and beliefs that provides a limited field
of available different views, but also with a long dated history, culture, morals and religious
teachings that have made clear the allowed

human behavior and way of living.

Examining recent examples, latest news concern the imprisonment of the two journalists of the
opposition newspaper Cumhuriyet under the accusation of spying and divulging state secrets,
that alleged Turkeys secret services
armed Islamist rebels in Syria. Can
Dundar,

the

editor- in-chief,

and

Erdem Gul, the papers Ankara

bureau chief were both placed in pretrial detention.
24

Can Dundar, editor-in-chief of opposition

newspaper Cumhuriyet,right, and Ankara bureau

chief Erdem Gul, outside court on Thursday.
Photograph: Vedat Arik/AP

According to Cumhuriyet, Turkish security forces in January 2014 intercepted a convoy of trucks
near the Syrian border and discovered boxes of what the daily described as weapons and

24

the Guardian, (2015). Turkish journalists charged over claim that secret services armed Syrian rebels. [online]
Available at : http://www.theguardian.com/ world/2015/nov/27/turkish-journalists-charged-over-claim-that-secretservices-armed-syrian-rebels [Accessed 3 Jan. 2016].

ammunition to be sent to rebels fighting against Syrian president Bashar al-Assad. In fact, it
linked the seized trucks to the Turkish national intelligence organization (MIT). The revelations,
published in May, caused a political storm in Turkey, and enraged president Recep Tayyip
Erdogan who vowed Dundar would pay a heavy price. Turkey has vehemently denied aiding
Islamist rebels in Syria, such as the Islamic State group, although it wants to see Assad toppled.

The Reporters Without Borders (RSF) secretary general Christophe Deloire, condemning the
trial as political persecution, said in his statement that If these two journalists are imprisoned,
it will be additional evidence that the Turkish authorities are ready to use methods worthy of a
bygone age in order to suppress independent journalism in Turkey. The RSF also ranked
Turkey 149th out of 180 in its 2015 press freedom index on October, warning of a dangerous
surge

in

censorship.

The Cumhuriyet daily was awarded the media watchdogs 2015 Press Freedom Prize in October
2015. It has to be underlined that the people of this case are not recognized as political prisoners,
but it is a useful example to examine, on how censorship is applied to freedom of expression.

7.3 The example of Saudi Arabia - Mass execution Largest since 1980.
New year in Saudi Arabia came with mass execution of prisoners in 2 January 2016.
The Saudi Press Agency tied the executed men to a series of Al Qaeda attacks across the country
between 2003 and 2004. The announcement did not specify which men were convicted for which
crimes, but did note that only four of the 47 were convicted of Hadd (limit) crimes for which
Islamic law mandates a specific punishment, including the death penalty, while 43 were
sentenced to death based on judicial discretion. Between them was Sheikh Nimr al-Nimr, a
prominent Shia cleric who was sentenced to death in 2014 after a Saudi court convicted him on a
host of vague charges apparently based largely on his peaceful criticism of Saudi officials.

25

A girl carries a picture of Sheikh Nimr al-Nimr, who

was executed along with 46 others in Saudi Arabia,

during a protest against the execution in front of the
United Nation's building in Beirut, Lebanon, January 3,
2016. 2016 Reuters

The charges against al-Nimr included breaking allegiance with the ruler, inciting sectarian
strife, and supporting rioting and destruction of public property during 2011-2012 protests in
Shia- majority towns and cities. The proceedings of Saudi Arabias Specialized Criminal Court,
which conducted his trial in 13 sessions over a year and a half, raised serious fair trial concerns,
including vague charges that do not resemble recognizable crimes and trial sessions held without
informing al-Nimrs legal advocate.

Local activists and family members told Human Rights Watch that al-Nimr supported only
peaceful protests and eschewed all violent opposition to the government. A 2011 BBC report
quoted him as supporting the roar of the word against authorities rather than weapons the
weapon of the word is stronger than bullets, because authorities will profit from a battle of
weapons. In another video available on YouTube, al-Nimr states It is not permitted to use
weapons and spread corruption in society. The local activists, who asked not to be named for
fear of arrest, said that al-Nimr had a strong following among Shia youth because of his
outspoken criticism of government policies and advocacy of greater rights for Shia. In late
March 2009, al-Nimr suggested in a Friday sermon that the Shia might consider seceding from
25

Hu man Rights Watch, (2016). Saudi Arabia: Mass Execution Largest Since 1980. [online] Availab le at:
https://www.hrw.org/news/2016/01/04/saudi-arabia-mass-execution-largest-1980 [Accessed 4 Jan. 2016].

Saudi Arabia if the government continued to deny their rights. When security forces tried to
detain him, he went into hiding. After his execution, Saudi Arabia deployed security forces to
Qatif, maintaining a heavy presence as crowds gathered to protest, according to Middle East Eye,
an online news site.
Saudi Arabia systematically discriminates against its Shia citizens, constituting 10%-15% of the
population. This discrimination reduces Shias access to public education and government
employment. They do not receive equal treatment under the justice system and the government
impairs their ability to practice their religion freely, rarely providing permission for Shia citizens
to build mosques.
Human Rights Watch has documented longstanding due process violations in Saudi Arabias
criminal justice system that makes it difficult for a defendant to get a fair trial even in capital
cases. A Human Rights Watch analysis in September revealed serious due process concerns
during four trials of Shia protesters before the Specialized Criminal Court. They include broadly
framed charges that do not resemble recognizable crimes, denial of access to lawyers at arrest
and during pretrial detention, quick dismissal of allegations of torture without investigation, and
admission of confessions that defendants claimed were coerced.

8.

CONCLUSION

Political prisoners and prisoners of conscience can be people, most commonly journalists,
activists, human right defenders or citizens who strongly protest to governmental practices and
whose fundamental human rights 26 have been violated and thus, they have been imprisoned for
their beliefs, or unfairly, or they have been deceived, due to governments interests.

Although in the European continent exist some criteria set by PACE to define political prisoners,
in other parts of the world there is a notable lack of relevant legal framework. This legal gap
covers in an adequate the Amnesty International, which examines cases of political prisoners and
prisoners of conscience as well as the effective application of human rights worldwide. With
respect to the right to freedom of expression, we consult the cases of journalists, activists or
government critics that have been imprisoned or censored because of their publications, views,
beliefs and actions.

It is of great importance to spot the boundaries between free speech and hate speech, between
political expression and political extremism and relevantly among religious tolerance and
religious radicalization. Lastly, it has to be highlighted the existence of free and unbiased media
that will form a public debate and a progressive democratic society, although they can often be
subject to harsh criticism.

9.

POINTS TO CONSIDER DURING DEBATE

- How can we deal with the lack of worldwide criteria that defines political prisoners and
prisoners of conscience?
- What can be done for states that do not recognize political prisoners and prisoners of
conscience?

26

see criteria set on paragraph 3.1 in the same docu ment

- How can the international community ensure the right to freedom of expression but also avoid
cases of extremism?
- How can pluralism of viewpoints being achieved even in occasions of clashing interests?
- How can we guarantee the protection of journalists be ensured in cases of them holding
confidential information?
- Ways to ensure independence of judiciary in countries with numerous political prisoners

10.

BIBLIOGRAPHY

- Council of Europe - PACE Criteria

http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=4137&lang=2
- Radio Free Europe Radio Liberty
http://www.rferl.org/content/explainer-political-prisoners/24881810.html
- Amnesty International - Prisoners of Conscience
- The European legal framework on hate speech, blasphemy and its interaction with freedom of
expression
http://www.europarl.europa.eu/RegData/etudes/STUD/2015/536460/IPOL_STU(2015)536460_
EN.pdf
- United Nations Human Rights Office of the High Commissioner, Special Rapporteur
http://www.ohchr.org/EN/ISSUES/FREEDOMOPINION/Pages/OpinionIndex.aspx
- Reporters without borders for freedom of information
http://en.rsf.org/iran-press- freedom- violations-recounted-21-01-2015,47521.html

Topic B: Rights of Refugees and Asylum - Mechanisms for their integration in the
hosting countries

Table of Contents

Welcoming Message
Introduction to the Committee
Definitions
Rights of Refugees
Actions of the International Community
United Nations - UN General Assembly and UNHCR
European Union (EU)
Council of Europe (CoE)
European Council on Refugees and Exiles (ECRE)

Case Study: The Challenges of the Current Refugee Crisis

Points to be Addressed
Useful Links

Welcoming Message
Dear all,

It is our great honor to welcome you all to the SOCHUM committee of BISMUN 2016.
This years topics, reflect some of the dominant concerns of the world society. It is our strong
belief that equality and justice regarding human rights are the basis of the worlds peace and
security and thus, they shall not be applied selectively to people.
By choosing the controversial issue of political prisoners regarding their right to freedom of
expression and the emerging issue of the increasing refugee flows, we hope to share our
concerns, exchange ideas, have productive discussions, innovative outcomes, great experiences
and finally provide a physical solution to issues that despite of various efforts, still remain
unresolved.
However, to achieve this, we ask from you a profound research upon the topics, a precise
knowledge of your countrys position, a responsible presence into the committee and a sincere
cooperation with all delegates. During your preparation and your participatio n in the conference,
we remain at your disposal.

Looking forward to meeting each and every one of you. Our voices are being heard, so give it
your best shot.

The Board of SOCHUM,

Didili Zoi
Dedousi Evangelia

Introduction to the Committee

The Social, Humanitarian and Cultural Affairs Committee as its definition indicates, has on the
centre of its attention whatever concerning the human beings.
The General Assembly allocates to the commonly referred to as the Third Committee. An
important part of the work of the Committee focuses on the examination of human rights
questions, including reports of the special procedures of the Human Rights Council which was
established in 2006. Its agenda items relate to the advancement of women, the protection of
children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms
through the elimination of racism and racial discrimination, and the right to self- determination.
The Committee also addresses important social development questions such as issues related to
youth, family, aging, persons with disabilities, crime prevention, criminal justice, and
international drug control.

Definitions
Refugee: A person owing to well- founded fear of persecution for reasons of race, religion,
nationality, membership of a particular social group or political opinion, is outside the country of
his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection
of that country; or who, not having a nationality and being outside the country of his former
habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to
return to it.27
Asylum seeker: an asylum- seeker is someone who says he or she is a refugee, but whose claim
has not yet been definitively evaluated.28

27

Refugees, U. (2016). Convention and Protocol Relating to the Status of Refugees. [online] UNHCR. Available at:
http://www.unhcr.org/3b66c2aa10.html [Accessed 5 Jan. 2016].
28

Refugees,
U.
(2016).
UNHCR
Asylum-Seekers.
http://www.unhcr.org/pages/49c3646c137.html [Accessed 5 Jan. 2016].

[online]

Unhcr.org.

Available

at:

Rights of Refugees
Human rights are reserved by international law and conventions, thus asylum seekers and
refugees must share the same rights and freedoms with all individuals. The safeguard of those
rights is mostly the duty of the government of each country, which is obliged to protect their
well-being. However, this safe environment does not exist when a citizen of a country becomes
an asylum seeker. The international community has shown its true colours over the matter by
enacting numerous treaties and supervising their implementation. The documents listed below,
lay the foundation for refugee protection on international and regional level:
Universal Declaration of Human Rights 29 (1948)
International Covenant on Civil and Political Rights 30 (1966)
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment 31 (1984)
Geneva Convention relative to the Protection of Civilian Persons in Time of War 32
(1949)
Protocol Additional to the Geneva Conventions o f 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts 33 (1977)
1984 Cartagena Declaration34
Convention on the Rights of the Child 35 (1989)
29

Un.org, (2016). The Universal Declaration of Human Rights | United Nations. [online] Available at:
http://www.un.org/en/universal-declaration-human-rights/ [Accessed 28 Jan. 2016].
30

Ohchr.org, (2016). International Covenant on Civil and Political Rights. [online] Available at:
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [Accessed 28 Jan. 2016].
31
Ohchr.org,
(2016).
Convention
against
Torture.
[online]
Available
at:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx [Accessed 28 Jan. 2016].
32
Icrc.org, (2016). Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949..
[online] Available at: https://www.icrc.org/ihl/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa3c5
[Accessed 28 Jan. 2016].
33

Icrc.org, (2016). Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims
of International Armed Conflicts. [online] Available at: https://www.icrc.org/ihl/INTRO/470 [Accessed 28 Jan. 2016].
34

Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, M exico and
Panama. (2016). [online] Available at: https://www.oas.org/dil/1984_Cartagena_Declaration_on_Refugees.pdf [Accessed 29 Jan.
2016].
35

Ohchr.org,
(2016).
Convention
on
the
Rights
of
the
Child.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx [Accessed 29 Jan. 2016].

[online]

Available

at:

The core of the refugee rights are presented in the 1951 Convention Relating to the Status of
Refugees and the 1967 Protocol 36 . This landmark documents set out the basic principles
concerning the treatment of refugees by all State parties. Additionally, the 1951 Convention has
been classified as a part of international customary law, which indicates that all countries are
expected to respect it even if they have not signed or ratified it. Both the Convention and the
Protocol are the cornerstones of the international law on which the protection of those people is
based. Their content is referring to the criteria for the recognition of the refugee status and
provides an explicit description of refugee rights, while it emphasises on the obligations over the
insurance of their safety. More specifically, Article 1 37 of the 1951 Convention introduced the
definition of the term refugee and in the subsequent articles presents the basic rights and
freedoms that refugees are entitled which are applied in conjunction with the principles of nondiscrimination and non-penalization.
Great attention should be given to the Article 33 of the 1951 Convention and specifically to the
principle of non- refoulement. 38 This principle plays a key role in the refugee law since it
prohibits countries to return or expel refugees back to the originating country, where they could
be facing fatal danger or persecution due to race, religion, nationality, membership of a particular
social group, or political opinion. It appears in a plethora of human rights dcuments, some of
which are the following39 :
1967 Declaration on Territorial Asylum - United Nations General Assembly Resolution
2132 (XXII)
1969 Organisation of African Unity (OAU) Convention Governing the Specific Aspects
of Refugee Problems in Africa
36

Refugees, U. (2016). Convention and Protocol Relating to the Status of Refugees. [online] UNHCR. Available at:
http://www.unhcr.org/3b66c2aa10.html [Accessed 29 Jan. 2016].
37
Refugees, U. (2016). Convention and Protocol Relating to the Status of Refugees. [online] UNHCR. Available at:
http://www.unhcr.org/3b66c2aa10.html [Accessed 29 Jan. 2016].
38
Refugees, U. (2016). Refugee protection in international law: the scope and content of the principle of non-refoulement:
opinion (2.1). [online] UNHCR. Available at: http://www.unhcr.org/419c75ce4.html [Accessed 5 Jan. 2016].
39

Www1.umn.edu,
(2016).
Study
Guide
The
Rights
of
Refugees.
http://www1.umn.edu/humanrts/edumat/studyguides/refugees.htm [Accessed 5 Jan. 2016].

[online]

Available

at:

 1966 Principles Concerning Treatment of Refugees by the Asian- African Legal

Consultative Committee
With regard to the Article 35 of the 1951 Convention and the Article II of the 1967 Protocol, all
State parties are encouraged to develop strong cooperation ties with the United Nations High
Commissioner for Refugees so as the enjoyment of the rights and freedoms of these people is
granted. Eventually, countries should update their national legislation in the effort to provide
refugees with the fundamental economic and social rights. One also noteworthy provision of the
Convention that the Contracting States should follow is the exemption from reciprocity, which is
analyzed

in

the

Article

7.

Actions of the International Community

A. United Nations - UN General Assembly and UNHCR
The United Nations have always been devoted to the protection of the inherent rights of all
individuals without any discrimination. The efforts of the international community towards
creating a safe environment for all began after the World War I, by introducing two High
Commissioners for Refugees, under the auspices of the League of Nations. However, the urgent
need for immediate action due to the increase in movement of population during the World War
II led to the formation of the United Nations Relief and Rehabilitation Administration (UNRRA).
Doubts over the effectiveness of this organisation resulted in the suspension of its funding and
consequently, its dissolution. This failure concerning the management of this crisis was followed
by the creation of the International Refugee Organisation (IRO). Although the main target was
granting these people assistance, the consequences of the Cold War deeply affected the nature of
the organisation. Nevertheless, recognising the importance of the situation the United Nations
proceeded with the establishment of the United Nation High Commissioner for Refugees

(UNHCR) 40 .
The baseline was set by the adoption of the Resolution (319 (IV)) 41 titled Refugees and
Stateless persons by the United Nations General Assembly. The Article 1 of the resolution was
referring to the founding of the High Commissioner's Office for Refugees, a temporary agency
aiming to complete its mission within three years. The Statute of the UNHCR 42 which
determined its obligations, was thoroughly presented in the Resolution (428 (V)), adopted in
December 1950. Great attention was given to the humanitarian yet non- political character of the
UNHCR and its primary goal to provide the appropriate legal framework that would define the
term refugee while protecting and promoting the rights of those individuals. Additionally, it is
noteworthy that Resolution (428 (V)) was followed by the Resolution (429 (V)), the precursor of
the

milestone

1951

Convention

Relating

to

the

Status

of

Refugees.

It is also remarkable that UNHCR has not only extended its mandate but has also expanded its
duties and activities, comparing to those that were mentioned in its Statute. The contribution of
the Office in humanitarian aid has been decisive for many years, since it has been the main
coordinator in sanitation and healthcare projects. Furthermore, it has created a communication
network with many countries worldwide and organisations of contiguous interests. The
significant input of the High Commissioner is evident during major refugee crisis in the past,
such as in Africa and Asia. With the guidance by the United Nations General Assembly and its
related resolutions, the High Commissioner for Refugees has been delivering its tasks with great
success for more than 60 years.

B. European Union (EU)

Showing respect to the European Convention on Human Rights (ECHR) and the EU Charter of
Fundamental Rights, the European Union has established the structure concerning the safeguard

40

http://www.unhcr.org/4b 192a069.pdf

41

Team, O. (2016). ODS HOME PAGE. [online] Daccess-dds-ny.un.org. Available at: http://daccess-ddsny.un.org/doc/RESOLUTION/GEN/NR0/051/38/IM G/NR005138.pdf?OpenElement [Accessed 29 Jan. 2016].
42

http://www.unhcr.org/3b 66c39e1.pdf

of refugees and asylum seekers for its 28 Member States. The set of principles and regulations
that apply to population movement is derived from the successful and prolonged cooperation
between the countries and the Union. Generally, the european legal framework that is referring to
refugee matters is based upon the milestone treaties and conventions, such as the European
Social Charter, and each countrys national legislation. The first step towards the formation of a
common european policy was the implementation of the 1951 Convention Relating to the Status
of Refugees in all members. Nevertheless, this organisation has been the leading force on
granting security and recognition to refugees.
Starting in 1985, the Schengen agreement was signed by five countries of the European
Economic Community and initiated the efforts of European countries over gradually reducing
border controls. Although this agreement was not thoroughly enforced, it led to the proposition
of the Schengen Convention in 1990, aiming to the formation of the well-known Schengen Area.
Between countries that are a part of the Schengen Area there are no internal border controls, a
common policy over visa is followed and the cooperation of police and judicials is strengthened.
Although the Agreement and the Convention were included in the European Unions law by the
Amsterdam Treaty, there are State parties that are not members of the Union.
The Dublin System is the evidence that EU has repeatedly endeavoured to provide the necessary
program for the absorption of asylum seekers. By signing the Dublin Convention 43 in 1990 and
putting it into effect in 1997, European countries managed to form a common strategy over the
recognition of refugee status and particularly the examination of pending applications of those
seeking protection. Later in 2003, the Dublin II Regulation replaced the previous Convention
with only minor adjustments. Finally, it was the European Commission that proposed possible
amendments to the Regulation that was in force at the time, establishing the Dublin III
Regulation44 which was implemented in 2013. These series of Regulations, as a part of the EU
law, were aiming to set the criteria over the responsibilities and the obligations of State parties
and concurrently determine the appropriate mechanisms for refugee integration. Even though the
43

Eur-lex.europa.eu, (2016). EUR-Lex - 41997A0819(01) - EN - EUR-Lex. [online] Available at: http://eur-lex.europa.eu/legalcontent/EN/ALL/?uri=CELEX%3A41997A0819(01) [Accessed 5 Jan. 2016].
44

Eur-lex.europa.eu, (2016). EUR-Lex - 23010503_1 - EN - EUR-Lex. [online] Available at: http://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1450493881550&uri=URISERV:23010503_1 [Accessed 5 Jan. 2016].

Dublin System could be assistive in criss management, it is important to mention that some
countries proceeded suspending its operation during the refugee crisis that Europe is
experiencing at the moment.

With regards to the Dublin Regulations, in 2003, the European Union installed a fingerprint
database for asylum seekers named Eurodac 45 . In terms of the Common European Asylum
System (CEAS), this IT system contributes in the identification of asylum applicants as well as
illegal immigrants within EU borders. The main purpose of its establishment was the
improvement of the efficiency and effectiveness of the Dublin System and it applies to all EU
Member States and Dublin Regulation associate countries. Since the European Commission is
accountable for the achievement of CEAS, it has introduced a proposal 46 that recommends
changes respecting the security of personal data and regulations over fingerprint comparison
requests.
Moreover, in 2004, a European Union agency titled Frontex 47 was founded. It was founded by
the European Council and it is responsible for the application of the EU rulings in the matter of
border controls. Frontex operates in cooperation with the national border guards of each country
and it has the jurisdiction to conduct research, providing an information sharing system. More
importantly, the agency is supporting the border control authorities regarding illegal immigration
within the Schengen area. Finally, Frontex can launch the Rapid Border Intervention Teams
(RABIT) 48 , an operation that is activated in cases of urgent need after a countrys request.

45

Eur-lex.europa.eu, (2016). EUR-Lex - l33081 - EN - EUR-Lex. [online] Available at: http://eur-lex.europa.eu/legalcontent/EN/TXT/?qid=1450493881550&uri=URISERV:l33081 [Accessed 5 Jan. 2016].
46
Europa.eu, (2016). European Commission - PRESS RELEASES - Press release - EURODAC proposal: completing the
Common European Asylum System. [online] Available at: http://europa.eu/rapid/press-release_IP-12-522_en.htm?locale=en
[Accessed 5 Jan. 2016].
47

Frontex.europa.eu, (2016). Frontex | Mission and Tasks. [online] Available at: http://frontex.europa.eu/about-frontex/missionand-tasks/ [Accessed 5 Jan. 2016].
48

Frontex.europa.eu, (2015). Frontex | News - Greece asks Frontex for rapid intervention teams in the Aegean islands. [online]
Available at: http://frontex.europa.eu/news/greece-asks-frontex-for-rapid-intervention-teams-in-the-aegean-islands-0swm9L
[Accessed 5 Jan. 2016].

C. Council of Europe (CoE)

The Council of Europe has been one of the frontrunners in defending human rights for many
decades and has proven its dedication to this battle by inaugurating the Commissioner for Human
Rights. This institution is actively involved in the insurance of

fundamental rights by

encouraging Member States take initiatives for their safeguard. Refugees and asylum seekers are
a part of the thematic work of the Commissioner over which he has expressed his great interest
and concern by introducing the Positions over the right to seek and enjoy asylum. 49 This
position paper is relating to the application of the asylum procedures in the Council of Europe
Member States and the effectiveness of the asylum legislation. It also includes recommendations
referring to countries on the subject of their responsibilities. Furthermore, it is significant to
mention the Recommendation CommDH (2001)19 50 regarding expulsion measures and detention
of aliens wishing to enter a country member of the CoE. Apart from the actions that the
Commissioner has undertaken, the Committee of Ministers and the Parliamentary Assembly
have adopted a series of recommendations and resolutions over the matter of enhancement of
refugee protection in Europe, some of which are the following 51 :
Recommendation No. R (98) 13 of the Committee of Ministers on the right of rejected
asylum seekers to an effective remedy against decisions on expulsion in the context of
Article 3 of the European Convention on Human Rights
Recommendation Rec(2003)5 of the Committee of Ministers on measures of detention of
asylum seekers

49

Council of Europe, T. (2016). Commissioner for Human Rights - Positions on the right to seek and enjoy asylum. Position
Paper from the Council of Europe Commissioner for Human Rights.. [online] Wcd.coe.int. Available at:
https://wcd.coe.int/ViewDoc.jsp?id=1640757 [Accessed 5 Jan. 2016].
50
Wcd.coe.int,
(2016).
[online]
Available
at:
https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2847328&SecM ode=1&
DocId=957946&Usage=2 [Accessed 5 Jan. 2016].
51

Council of Europe, P. (2016). Committee of Ministers - Guidelines on human rights protection in the context of accelerated
asylum procedures (Adopted by the Committee of Ministers on 1 July 2009 at the 1062nd meeting of the Ministers' Deputies).
[online] Wcd.coe.int. Available at: https://wcd.coe.int/ViewDoc.jsp?id=1469829&Site=CM [Accessed 5 Jan. 2016].

 Recommendation 1327 (1997) of the Parliamentary Assembly on the Protection and

reinforcement of the human rights of refugees and asylum seekers in Europe
Parliamentary Assembly Resolution 1471 (2005) on Accelerated asylum procedures in
Council of Europe member states

D. European Council on Refugees and Exiles (ECRE)

The European Council on Refugees and Exiles is a pan-European alliance that consist of 87 nongovernmental organisations 52 . Since its foundation in 1974, ECRE has been devoted to the
protection of refugees and asylum seekers and has been fighting for the advancement of their
rights. Respecting the international humanitarian law, its mission is aiming in the development of
European policies that would set the base for viable solutions to be found over the preservation
of their welfare and freedom. In the effort of attaining its goal, the alliance has contributed
substantially on the establishment of a secure environment for these people by creating projects
and strategic plans. In 2012, the Asylum Information Database (AIDA) 53 was initiated and
implemented in 18 countries, under the auspices of ECRE. This projects objective was the
provision of the appropriate information and means that would induce to the improvement of the
legal framework concerning asylum seekers. In addition to this, during the annual meeting of its
members, ECRE proceeded in the implementation of a two- year Strategy Plan54 , starting in 2014,
which would shape the specific future actions of the organisation and define its needs. In
conclusion, the commitment of the alliance to refugees crossing the Mediterranean sea can be
described remarkable, since its members have been offering humanitarian relief and integration
support.
52

Ecre.org, (2016). Introduction - European Council on Refugees

http://www.ecre.org/about/this-is-ecre/about-us.html [Accessed 5 Jan. 2016].
53

Asylumineurope.org, (2016). About AIDA | Asylum

http://www.asylumineurope.org/about-aida [Accessed 5 Jan. 2016].
54

Information

and

Exiles.

Database.

[online]
[online]

Available

at:

Available

at:

Ecre.org, (2016). [online] Available at: http://www.ecre.org/component/downloads/downloads/814.html [Accessed 5 Jan.

2016].

Case Study: The Challenges of the Current Refugee Crisis

Under the fear of persecution, millions of people have fled their countries seeking for a place
where protection from physical assault and safeguard of human rights are guaranteed. The need
of escaping war-torn countries leads them to take great risk and start a dangerous journey in
search of prosperity and freedom, trespassing borders so as to built a new future. Unfortunately,
smugglers and traffickers have been taking advantage of the situation and have been exploiting
those people due to their desperate need to safety. Thousands cases of people that did not
survived to cross the Mediterranean Sea have devastated the international community, leaving no
doubts over the necessity of immediate action.

Meanwhile, Europe is experiencing one of the greatest refugee flows in history which puts a
strain on the solidarity and unity between European countries. The ideal of the European
Integration has collapsed in the view of the great challenges that this crisis raises and the
sustainability of the European Institutions is tested by the lack of coordinated response. Southern
European countries are confronting difficulties over the crisis management and the resettlement
of the new refugee waves that are continuously arriving, and simultaneously, some Central
European countries have been refusing to compromise on the struggle to reach a common
ground. Particularly, the intensification of border control measures have been blocking the
possibility of a prompt solution and the efficiency of the CEAS ties have been undeniably
weakened.

In a larger scale, the international and regional human rights law states precisely the government
duties over the treatment of asylum seekers and refugees. Even though the set of European
regulations for asylum procedures can be designated as extensive and accurate, it is evident that
revision and critical reforms are required. Consequently, a more comprehensive approach to
integration mechanisms would decompress the existing tension and might lead the way to the
completely resolving the situation.

Taking into account the aforementioned, it is undisputable that the number and the diversity of
the challenges may have impeded a conclusion over the crisis. However, countries must take
steps forward towards a joint decision that will allow refugees to regain their integrity in an
environment of freedom and justice.

Points to be Addressed
Through an extensive examination of the information and facts provided in the previous sections,
there are areas of the topic that have to be mentioned by the participants and possibly a debate,
concerning these issues should be held. Having in mind that our goal is to conclude with
proposals and solutions, here are some of the points that should be addressed by the committee:
How can governments improve reception services for further protection of asylum
seekers?
Can countries broaden their cooperation in the field of humanitarian assistance and
preservation of the inherent human rights?
How can asylum policies and procedures can be upgraded in order to provide some relief
to the problems caused by the ongoing refugee flows?
What are the possible provisions over local integration and what steps should be taken for
resettlement in a third country?
In what way the international community can reinforce emer gency response and
preparedness in times of the current refugee crisis?
How can the international legal framework be enhanced to effectively guaranteeing rights
and freedoms of asylum seekers and refugees?

Useful Links

The 1951 Convention and 1967 Protocol Relating to the Status of Refugees
http://www.unhcr.org/3b66c2aa10.pdf

Statute of the Office of the United Nations High Commissioner For Refugees
http://www.unhcr.org/3b66c39e1.pdf

The Refugee Convention, 1951: The travaux preparatoire analysed with a commentary by
Dr Paul Weis http://www.unhcr.org/4ca34be29.pdf

EU asylum policy: EU country responsible for examining applications http://eurlex.europa.eu/legal-content/EN/TXT/?qid=1450493881550&uri=URISERV:23010503_1

EurodacSystem:http://eur- lex.europa.eu/legalcontent/EN/TXT/?qid=1450493881550&uri=URISERV:l33081

Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status
Under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees
http://www.unhcr.org/3d58e13b4.html

European

Council

on

Refugees

and

Exiles

Strategy

Plan

2014-2016

http://www.ecre.org/component/downloads/downloads/814.html

UNHCR chief issues key guidelines for dealing with Europes refugee crisis
http://www.unhcr.org/55e9793b6.html