Chair:

Emily Nicolle
Vice Chairs:
Ishaan Singh

Ismail Sadurdeen

sochum@oximun.org

SOCIAL, HUMANITARIAN AND CULTURAL COMMITTEE

Topic A: The protection of religious freedoms and manifestation
Topic B: Police brutality and physical abuses of power

A message from your Dais:

Dear delegates,
Welcome to the Social, Humanitarian and Cultural Committee. This is your guide to the two
topics available for debate at OxIMUN 2016. We hope that you will find both topics highly
interesting and are as excited as we are for what will be a fantastic weekend of debating and
resolution-writing!
As your chairs, we wish you good luck with your research on both topics. Even if you favour
one, its advisable to be prepared for both just in case your topic isnt chosen for the weekends
agenda. We also stress that this guide, informative though it may be, must not be the end of your
research for the committee. Feel free to go through the Further Reading sections at the end of
each topic, and look elsewhere to fully complete your research on your countrys policy and
relevant information. Dont forget to also take a look at the OxIMUN Rules of Procedure, just so
youre familiar with the way well be running debate. If youve got any questions, dont hesitate
to send any one of us an email.
Wed like to have a fun weekend with you all, and look forward to seeing you all both in and out
of debate at the socials! MUN isnt just about winning Diplomacy Awards but is also about
having a good time and making friends, so we hope to do some committee drinks at some point
over the conference. Hopefully youll walk away from the weekend with some friends for life,
just as we have over the years!
Best wishes (and good luck!),
Emily Nicolle
Ishaan Singh
Ismail Sadurdeen

History of the Committee

The Social, Humanitarian and Cultural Committee (SOCHUM) is the third committee within
the United Nations General Assembly. It handles a large range of agenda items, focusing on
social and humanitarian issues that affect us globally. In the last year, SOCHUM considered over
sixty draft resolutions, more than half of which were regarding violations to human rights, and
three of which were member state-specific. SOCHUM also interacts with 54 different Special
Rapporteurs and independent experts, and works alongside the Human Rights Council in many
1
instances.
In the topic of protecting religious freedoms and manifestation, SOCHUM receives an annual
presentation from the Special Rapporteur on freedom of religion or belief, and at times an
interim presentation when requested by the Committee. In each session, the Committee also
produces a resolution on religious freedom under the title Promotion and protection of human
rights, as well as a more targeted resolution on combating any intolerance or discrimination
based upon religion or belief. As delegates, you will be simulating the debate and resolution of
these two agendas under the umbrella of a single topic.

Useful definitions
For the purposes of this committee, religious freedom is defined as the respect and tolerance
of all theological systems of belief, including theistic, non-theistic and atheistic beliefs.
Religious manifestation is defined as the freedom to express that belief outwardly, in the form
of prayer, dress, attendance at ceremonial or traditional proceedings, etc.

UN General Assembly Third Committee Social, Humanitarian and Cultural,

http://www.un.org/en/ga/third/index.shtml Accessed 31/07/2016.
1

Topic A: The protection of religious freedoms and manifestation

In recent years, religious freedom and the ability of new groups to manifest have been under a
significant amount of pressure on the global stage. This pressure has increased especially in light
of recent crises such as the movement of refugees and previous Internally Displaced Persons
(IDPs) into Europe and the U.S., the resulting persecution of Jewish and Muslim persons in the
Western world, and the continuation of the crackdowns on minority religions in Asian states
such as Myanmar and China.
A recent report by the UN High Commission of Refugees (UNHCR) estimated that a total of
65.3 million people were forcibly displaced at the end of 2015 as a result of war and persecution,
compared to 59.5 million a year earlier. That equals to around 24 people being displaced every
minute, compared to a decade ago when that figure was six per minute. It is the first time since
2
the UNHCR was established in 1950 that the figure has crossed the 60 million threshold . In
perspective, that amount is greater than the current estimated population of the United Kingdom.
Though the majority of the coverage by Western media sources focuses on refugees travelling to
countries such as Hungary and Germany from war-torn nations like Egypt and Syria, a large
amount of the IDP population also comes from religiously oppressive states such as Myanmar.
Among those displaced in 2015 were many from the Rohingya Muslim community, joining
thousands of others who had already been displaced internally as a result of persecution from
radical Buddhist groups and in 2016, discriminatory laws passed by the new government.

Historical background
As of today, we have so far been unsuccessful in our attempts to create a universally agreed
upon, enforceable document protecting the right to religious freedoms. However the journey
towards that end begins with the 1948 Universal Declaration of Human Rights, where the United
Nations recognised the right to freedom of thought, conscience and religion. This was later
followed in 1966 by Article 18 of the International Covenant on Civil and Political Rights, as
well as other localised and specialised instruments. Furthermore, the 1981 Declaration on the
Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief remains
one of the most significant codifications on the protection of religious freedom and manifestation
today. Though lacking any enforcement procedures, it was adopted unanimously by the General
Assembly without a vote and protects a persons right to freedom of belief, to take care of a child
in the manner according to their religion and the states right to limit practices that are injurious
to either the former or the child themselves.
Edwards, Adrian. UNHCR Global forced displacement hits record high. UNHCR, 20 June 2016,
http://www.unhcr.org/uk/news/latest/2016/6/5763b65a4/global-forced-displacement-hits-record-high.html
Accessed 31/07/2016.
2

Unfortunately that has not limited the attempts by multiple member states of the General
Assembly to prohibit complete religious freedom, with the rights of those following both
majority and minority religions being infringed. For example in many predominantly Muslim
states, citizens of minority religions are categorised as dhimmis and are subject to specific
taxation laws. Though this is intended for their benefit, especially in states that adopt Sharia law,
it can often result in the exclusion and discrimination of non-Islamic peoples. Elsewhere,
member states with little to no levels of democracy have been frequent re-offenders of rights to
religious freedom and manifestation. In China, a pastor was temporarily imprisoned along with
his wife for opposing a government campaign to prohibit the use of crosses on top of Christian
3
churches in 2016 . Religious groups are seen as detrimental to the spirit of a socialist society, and
as some would suggest, the states own supremacy. Alongside Christians, Uighur Muslims and
Tibetan Buddhists continue to be oppressed, demonstrating just one of multiple reasons why
China has appeared on the United States Commission on International Religious Freedom
4
(USCIRF)s list of countries of particular concern or CPCs . However since the publication of
USCIRFs annual report, China has lodged a formal diplomatic complaint, stating that the report
is biased and unfairly represents the situation in China where citizens right to religious freedom
5
is protected in their constitution . Despite this, USCIRF and the State Department has stood by
its designation, citing multiple instances of religious intolerance.
The following diagram displays the countries designated as CPCs by both USCIRF and the
United States State Department since USCIRFs birth in 1998 until July 2014. Since then,
USCIRF has re-designated nine countries and recommended a further eight countries for
designation as CPCs. A CPC is any country whose government engages in or tolerates
6
particularly severe violations of religious freedom that are systematic, ongoing and egregious .
This includes those countries that are affected by independent organisations and non-state actors,
where particularly severe violations of the right to religious freedoms and manifestation are
occurring but the government in question does not exist or control its territory. This particular
kind of CPC refers to states such as Syria and Iraq, where certain areas of their territory are
3

Klett, Leah Mariann. Gospel Herald: Chinese Pastor imprisoned for opposing cross demolition

campaign released, China Aid, 13 September 2016.

http://www.chinaaid.org/2016/09/gospel-herald-chinese-pastor-imprisoned.html Accessed 19/09/2016.
4
Annual Report of the U.S. Commission on International Religious Freedom. USCIRF, Washington,
DC, (April 2016), p. 7
http://www.uscirf.gov/sites/default/files/USCIRF%202016%20Annual%20Report.pdf Accessed
31/07/2016.
5
Williams, Thomas D. China protests USCIRF report as attack, Breitbart, 6 May 2016,
http://www.breitbart.com/national-security/2016/05/06/china-protests-uscirf-report-attack-insists-citizensenjoy-full-religious-freedom/ Accessed 31/07/2016.
6
USCIRF Annual Report, (April 2016), p. 7.

currently controlled by the extremist group ISIS, who have added disproportionately to the
numbers of refugees and IDPs as a result of their violence, systematic human rights abuses and
strict religious laws.

Moreover, in 2016 USCIRF has categorised ten countries as Tier 2, a designation for any
country where there are significant violations of freedoms and that meets at least one of the
elements of the systematic, ongoing and egregious violation CPC standard. The following
countries have been recommended as CPCs, or placed into Tier 2.

Finally, in a look at the most recent resolutions from the 70th session on religious freedom and
intolerance, we can see that member states are beginning to cooperate and make vital suggestions
in order to combat violations. Such suggestions include recognising the need for collaborative
networks to build mutual understanding, promoting dialogue and inspiring constructive action
towards shared policy goals and for member states to work together to identify areas of
7
potential tension between religious groups in order to assist with mediation . Though these
resolutions do not point out any specific problem areas, we can take a look at recent reports from
Special Rapporteurs to highlight country-specific issues that as delegates, you will need to be
aware of throughout debate.

Discussion of the problem

The challenges that the United Nations faces in ensuring the protection of religious freedom and
manifestation across the world are significant, and are very familiar to those in the UNHRC and
SOCHUM. There are many obstacles in the way of progress, such as lack of education and
tolerance, rampant discrimination against minorities, gender equality and terrorism. There are
also political obstacles, such as disagreements over what kind of laws can be put in place to
protect freedoms without infringing upon freedom of expression.
Case study: Myanmar
On 18 March 2016, the Special Rapporteur on the situation of human rights in Myanmar
presented her report to the 31st session of the Human Rights Council, examining developments
since her previous reports in March and October 2015. Over the past four years, the regime in
Myanmar has changed dramatically, with thousands of political prisoners being released and
laws being adopted or reformed in order to foster greater transparency and media freedom.
However, four of these laws in particular, often referred to as the race-and-religion laws, have
been widely condemned as discriminatory towards the minority religions in Myanmar, infringing
8
upon internationally-protected rights to privacy and religious freedom . Favoured highly by the
radical Buddhist group the Association for Protection of Race and Religion (known as Ma Ba
Tha), the laws require anyone wishing to convert from their current religion to be over 18 and
have to file an application with their local Religious Scrutinisation board so that the religion of

UN General Assembly, Resolution 70/L.40/Rev.1, Clause 7, Combating intolerance, negative

stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based
on religion or belief, A/C.3/70/L.40/Rev.1 (16 November 2015),
http://www.un.org/ga/search/view_doc.asp?symbol=A/C.3/70/L.40/Rev.1 Accessed 01/08/2016.
8
UN General Assembly, Report of the Special Rapporteur on the situation of human rights in Myanmar,
A/HRC/31/71/AEV (18 March 2016), p. 8
http://www.un.org/ga/search/view_doc.asp?symbol=A/C.3/70/L.39/Rev.1 Accessed 01/08/2016.
7

their choice can be fully assessed to see if it is appropriate . If approved, this assessment is
required in order to establish when a person can marry, acquire inheritance and oversee division
of property according to the rules of their new religion. Another of the laws, known as the
Monogamy bill, prohibits a married person from entering a second marriage or unofficially
living with another person while still married. Punishments for doing so include loss of property
rights, seven years in prison and a fine. All of the laws are in contradiction to the Universal
Declaration of Human Rights and Myanmars own 2008 Constitution, which guarantee both
freedom of religion and belief.

The report also specifically highlights the situation in Rakhine State, which is the second
poorest state in Myanmar and faces many challenges such as malnutrition, low-income poverty
and weak infrastructure. Inside Rakhine State, many Rohingya Muslims live in compounds as
IDPs, with some 140,000 still living there despite the violence against Muslims by Buddhist
10
groups having started over four years ago . The government in Myanmar have done little to
address these issues, displaying a significant lack of care for the Rohingya Muslim community
by the Buddhist leadership. Though many actors, such as NGOs and the UN, are working
towards encouraging more interfaith dialogue and acquiring international aid for those in
Rakhine, the Special Rapporteur cites a number of reports which highlight widespread and
11
systematic human rights violations faced by the Rohingya .

Robertson, Phil. Burma: Discriminatory laws could stoke communal tensions, Human Rights Watch,
23 August 2015,
https://www.hrw.org/news/2015/08/23/burma-discriminatory-laws-could-stoke-communal-tensions
Accessed 01/08/2016.
10
Report on Myanmar, (18 March 2016), p. 9.
11
Ibid.
9

Other evidence of discrimination against the Rohingya come in the form of local laws placed
upon Rakhine State, such as a curfew order that has been imposed in northern Rakhine since
June 2012. This prohibits gatherings of five or more people in public areas, which include
mosques, affecting the daily lives of Rohingya Muslims and their ability to observe their religion
greatly. The report highlights that the curfew and other related restrictions appear to only be
12
enforced against the Rohingya . Restrictions on their freedom of movement outside Rakhine
state are also in place, and arbitrary arrests and detention occur frequently as a result of checks
13
on Rohingya households where detainees can be released after paying a bribe . Many Rohingya
also remain unregistered as citizens, as they are unable to travel to receive new identification
cards after theirs expire, hindering access to basic essential rights.

The impact of the refugee crisis

Unfortunately, Myanmar is not the only area where minority religious communities face
persecution and discrimination. As a result of violence like this, many Rohingya Muslims have
fled by boat to surrounding countries such as Indonesia, Malaysia and the Philippines in what is
referred to as the Rohingya Refugee Crisis. Over 100,000 Rohingya have now fled Myanmar and
14
Burma, attempting to find safety elsewhere . This is just one example of the current refugee

Ibid, p. 10.
Ibid.
14
McDowell, Robin. Over 100,000 Rohingya Muslims Have Fled Violence In Myanmar, The World
Post, 25 October 2014,
12
13

crisis that the world is now facing, with Europe taking in large amounts of refugees and previous
IDPs from war-torn states such as Syria and Iran.
As the numbers of the European population identifying as part of a minority religious
community increases, we witness governments struggling to accommodate to all members of
society whilst retaining peace among the people. Marches in Germany by radical right-wing
groups such as PEGIDA, protesting the influx of immigrants and refugees and in turn impacting
on the ability of such communities to freely practice their religion without fear, demonstrate how
Europe is changing. Many Jewish and Muslim communities are facing particular discrimination
within European countries regardless of whether they have recently immigrated or not. A Jewish
museum in Brussels was attacked in 2014, with a further attack on a synagogue in Copenhagen
in 2015 as anti-Semitism increases in Europe and forces many Jewish people to immigrate to
other, more accepting countries such as Israel. Other states such as France are limiting religious
freedom and manifestation across the board in an attempt to reduce tensions between religious
communities, preventing any child from wearing religious symbols in schools. The law, passed
in 2004, does not target any specific religion, but prohibits the wearing of veils and signs that
highlight ones religious beliefs. It caused widespread backlash internationally, with the
Executive Director of Human Rights Watch at the time labelling it an unwarranted infringement
15
on the right to religious practice . Despite this, the law is still in place today. Germany also has
similar laws, which is one reason why it falls into the Pew Research Centers high restrictions
16
category in its ranking of nations around the world and their restrictions on religious freedom

https://web.archive.org/web/20160304041959/http://www.huffingtonpost.com/2014/10/25/rohingya-fledmyanmar_n_6046444.html Accessed 01/08/2016.

15
France: Headscarf Ban Violates Religious Freedom, Human Rights Watch, 27 February 2004,
https://www.hrw.org/legacy/english/docs/2004/02/26/france7666.htm Accessed 02/03/2016
16
Pew Research Center, Latest trends in religious restrictions and hostilities, 26 February 2015,
http://www.pewforum.org/2015/02/26/religious-hostilities/ Accessed 02/08/2016.

Terrorism is also influencing our ability to protect religious freedoms by encouraging attitudes
of xenophobia spreading fear across the world. Frequent acts of terror only perpetuate hate,
especially directed at those of the Islamic faith. This is most evident in the current U.S.
Presidential race, where the remarks of Donald Trump against Muslims both in America and
across the world have created a culture that makes it okay to spread hate and fear amongst
17
minority ethnicities and religions . Religious manifestation is under significant pressure as acts
of terror by Muslim perpetrators, regardless of whether they are Islamist in nature or not such as
18
in Orlando earlier this year , give more fuel to the xenophobic argument that religion needs to
be policed. It also demonstrates a lack of education surrounding world religions, such as the
stereotype that all Muslims are terrorists because Islam is an inherently violent religion. This is
another aspect delegates should consider when discussing possible actions to be taken to protect
religious freedom in future.
Political obstacles: freedom of expression
An issue that has arisen in debate within the General Assembly with regards to freedom of
religion is the clash that sometimes occurs with freedom of expression. For a number of years,
several member states repeatedly requested the establishment of an international legal norm that
Chotiner, Isaac. Donald Trump and the spike in anti-Muslim hate crimes in the U.S. Slate, 9 May
2016,
http://www.slate.com/blogs/the_slatest/2016/05/09/donald_trump_and_the_rise_of_anti_muslim_hate_cri
mes.html Accessed 02/08/2016.
18
Ackerman, Spencer. CIA has not found any link between Orlando killer and Isis, says agency chief,
The Guardian, 16 June 2016,
https://www.theguardian.com/us-news/2016/jun/16/cia-orlando-shooter-omar-mateen-isis-pulse-nightclub
-attack Accessed 02/08/2016.
17

10

would restrict any speech that defames religions, otherwise known as defamation-of-religion
19
resolutions . Islam was particularly highlighted, and such resolutions were often encouraged by
the Organisation of Islamic Cooperation (OIC).
An example of a situation where defamation-of-religion resolutions became extremely popular
amongst OIC states is the Danish Cartoon Crisis, which went on from September 2005 until
early 2006. It began when a Danish newspaper named Jyllands-Posten asked 42 artists from a
cartoonist union to draw a cartoon of the Prophet Muhammad. In Islam, depictions of the
Prophet are widely condemned as blasphemous, though they did exist in earlier years and were
thought of as a luxury for the rich. Depictions of Muhammad can still be found today, for
example on a government-commissioned mural in Tehran where the Prophets face is surrounded
by a halo of fire, however they are extremely infrequent.

Of the 42 artists that Jyllands-Posten, wrote to, only 12 responded. The cartoons they drew
were published in an edition on 30 September 2005. Though some of the cartoons merely poked
fun at the newspaper for trying to antagonise the Muslim community by flaunting its right to
freedom of expression (which is enshrined in the Danish constitution), some of the cartoons were
extremely offensive. We reserve the right not to reprint those cartoons here, however the images
are widely available online should you wish to see them.
Due to the blasphemous nature of Jyllands-Postens actions, combined with the offensive
nature of many of the images that were viewed as insulting towards both the Prophet and Islam,
the publication caused a global uproar. In late 2005, a group of Danish imams visited the Middle
East with a dossier of the cartoons to spread awareness of the drawings, and by February 2006,
19

USCIRF Annual Report, (April 2016), p. 20.

11

Danish embassies were burning in Damascus, Beirut, Lahore, Tehran and Jakarta. Multiple
protests had been staged, Danish goods were being boycotted and there were hundreds of deaths
20
as a result of the violence . The events of the Danish Cartoon Crisis are often considered a
forerunner to the tragic attack on the Paris offices of Charlie Hebdo in 2015, a publication that in
2005 was unafraid to reprint the Jyllands-Posten cartoons in their coverage of the crisis.

As of today, the OIC is no longer sponsoring the efforts by member states to establish
restrictions on speech that defames religion. In 2011, unanimous voting succeeded in suggesting
that defamation-of-religion resolutions were replaced by positive measures, which encouraged
efforts to end discrimination and counteracting religious intolerance instead of penalising
expression. However blasphemy laws are still in place across the world, a factor that invites us to
consider whether freedom of expression, even when discriminatory, is more important than
protecting ones right to manifest every part of their religion.

Zand, Bernhard. The Cartoon Wars: The inciters and the incited, Spiegel Online International, 10
February 2006,
http://www.spiegel.de/international/spiegel/the-cartoon-wars-the-inciters-and-the-incited-a-400519.html
Accessed 04/08/2016.
20

12

The future
As we progress towards the goal of creating a binding resolution that enshrines protection of
religious freedom and manifestation while also respecting state sovereignty, there have been
some events in the recent months that point towards a relaxing of tensions and higher levels of
religious tolerance. The election of Sadiq Khan as Londons first Muslim mayor in May 2016,
for example, demonstrates how government is beginning to reflect the people it represents in
both ethnic and religious diversity. Despite the after-effects of Brexit leading to a rise in hate
21
crime , diverse manifestation in the United Kingdom is still at an all-time high when compared
to its European counterparts. Beyond the frontier of Europe, the election of Aung San Suu Kyi
and her democratic party to leadership in Myanmar last year signalled the start of change in the
country that was previously ruled by a military regime with thousands of political prisoners. The
Special Rapporteur for Myanmar heralded the change, and welcomes the new government in
hopes that they make an effort to change the plight of those whose religious freedoms are being
22
oppressed .

Recent resolutions by the Third Committee on freedom of religion and combating intolerance
23
based on religion or belief have concluded that cooperation between states is a priority . The
creation of collaborative networks in order to promote dialogue and foster an environment of
peace and respect is highly encouraged, with education being a particular area of focus. States
Mortimer, Caroline. Hate crimes surge by 42% in England and Wales since Brexit result, The
Independent, 8 July 2016,
http://www.independent.co.uk/news/uk/crime/brexit-hate-crime-racism-stats-spike-police-england-waleseu-referendum-a7126706.html Accessed 04/08/2016.
22
Report on Myanmar, (18 March 2016), p. 2.
23
Resolution 70/L.40, Combating intolerance, Clause 7, p. 5.
21

13

also encourage governments to train their officials and leaders in effective outreach strategies, in
order to combat the levels of hate crime going on within communities and create a safer space
where people feel able to express and manifest their religion or beliefs openly. As delegates, we
encourage you to also look past these statements of affirmative action and create
consensus-based solutions towards protecting freedom of religion around the world.

Bloc positions
Non-secular nations
Delegates that are representing nations without secular government or law are likely to form the
most solid bloc in debate, as resolutions regarding religious freedom are likely to bring up issues
that will conflict with their policy. As we progress and try to reach consensus as a committee on
encouraging freedom to manifest ones own beliefs and pressing member states to provide for all
religions equally, delegates from states such as Saudi Arabia and Iran where strict religious law
is implemented may struggle with being able to implement these policies. Moreover, states such
as Israel and Morocco may also face issues where Halakha law is given precedence over
common law where relevant. Other states that may form bonds with this bloc could be at the
opposite end of the spectrum, such as the Democratic Peoples Republic of Korea where open
manifestation of religion is often seen as a threat to ones safety as a result of the governments
hostility towards theistic belief.
Secular nations
This bloc will mainly consist of Western states that tend to have more liberal values enshrined
in their laws than states such as Myanmar and Eritrea, allowing more room for the protection of
freedom of religion and manifestation. States from the European Union, for example, will all be
party to the European Convention on Human Rights. However on certain issues, such as how to
accommodate for refugees and IDPs in the protection of their religious rights, may cause some
contention. There are also those, like Germany and France, who in their mission to diffuse
tension between religions place secularist bans on manifestation.
Nations which require special attention
Outside of the other two blocs will be nations whose previous actions towards protecting
religious freedom for their citizens will require careful consideration by the delegates
representing them. For example, those representing states such as Syria and Sudan, where the
governments in place do not control the cause for a lack of religious freedom as a result of
powerful religious militias, may struggle to ensure they will be able to follow up on any
suggestions made in resolutions passed. Delegates must keep in mind when working together
that some nations may need more help than others, while also ensuring that they do not attempt
to promise anything outside of the GA purview.
14

Points resolutions should address

How can the United Nations protect the right to religious freedom and manifestation for
those who do not belong to any particular state or are facing persecution? The rights of
refugees, asylum seekers and IDPs are at an all-time low given the current crisis, yet their
need for their beliefs to be protected is growing in the face of a global rise in hate crimes
and secularist law.
Should there be a basic international standard for the education of children (and perhaps
government officials) in religious belief and the freedom to choose? Delegates should
consider what this standard might include in terms of awareness, majority versus
minority religions and manifestation.
Is it possible to protect the right to freedom of religion and belief whilst also combating
the rise of militant religious groups such as Isis and Boko Haram? Delegates should
consider how the decisions of non-GA committees such as the Security Council in
fighting such groups may affect the freedom of both those inside the group and those
affected by the group. At what level does combating groups like these become
persecution for their religious beliefs?

Further reading
Klausen, Jytte. The Cartoons That Shook The World. Yale, 2009. This is a useful book on
the Danish Cartoon Crisis but also on how freedom of expression can come into conflict
with freedom of religion. An interesting side note: you will not find the cartoons in any
edition of this book, as Yale also refused to reprint them.
Tromble, Rebekah and Wouters, Miriam. Are we talking with or past one another?
Examining transnational political discourse across Western-Muslim divides,
International Studies Quarterly, 2014. A useful study in communication between
Muslims and non-Muslims in the wake of the Cartoon Crisis. It may be informative in
terms of how you can approach the topic of fostering peaceful relations between religions
to ease tensions, and also areas of concern that need further work.
UN General Assembly, Resolution 70/L.40/Rev.1 and Resolution 70/L41/Rev.1
Resolutions on the topics of freedom of religion and combating religious intolerance and
discrimination from the most recent session of the Third Committee. Both are helpful in
determining where your efforts should focus in debate, and what achievements have
already been made. Note: for the purpose of enriching debate, we would look favourably
upon resolutions that are more specific than these in terms of strategy and solution.
Habermas, Jrgen. Notes on post-secular society, New Perspectives Quarterly,
September 2008. This landmark piece from Jrgen Habermas is extremely enlightening
15

for those wishing to consider more about the role religion should play globally post 9/11.
It is particularly useful when considering how secularism and religious freedom can work
alongside each other.

16

Topic B: Measures to counteract police brutality and physical abuses of power

This topic specifically caters to the misuse of power by law enforcement authorities, as well as
the questionable use of 'excessive force'. Police brutality for reference can be described as
instances of serious physical or psychological harm to civilians. Contemporary police brutality
consists of deadly force, the use of excessive force, and includes unjustified shooting, fatal
choking, and physical assault by law enforcement officers. Police misconduct is inclusive of
planting evidence, making untrue statements, filing untrue written reports, condoning untrue
statements and/or reports by keeping silent, threatening suspects, arrestees, and witnesses,
24
engaging in illegal activities, and committing perjury .
There have been a significant number of cases of the police using excessive force that have
caused serious damage as well as civilian deaths. Contemporary misconduct by the police often
is the result of accused racial bias, for example in the United States where the ratio of black
deaths as a result of police activity is much higher than that of white deaths (with at least 346
25
black deaths occurring in 2015 alone) .
Despite the large number of PoC deaths, a large number of these deaths have been perceived in
the media to be racially motivated and categorically unfair. From this the Black Lives Matter
movement was born, after 17-year-old Trayvon Martin was killed by a gunshot from a white man
named George Zimmerman. Zimmerman was acquitted from second-degree murder on July 13,
2013. Other instances have come to light since then (and continue to occur daily), such as a black
teenager being shot and killed by white police officers who claimed he pointed a gun at them in
St Louis, Missouri. Autopsy reports suggested the 18-year-old died from a single gunshot that
entered his back and struck his heart, which was inconsistent to the officers account of the
26
incident. The shooting sparked angry clashes between residents and police of St. Louis .

http://monthlyreview.org/commentary/contemporary-police-brutality-and-misconduct/
http://mappingpoliceviolence.org/
26
http://in.reuters.com/article/usa-police-missouri-stlouis-idINKCN0QQ1VQ20150821/
24
25

17

Certain accounts describing actions of the police can be graphically brutal. A document from
late 2015 reports Nepali police killing 16 members of the public where abundant evidence of
serious crimes by police against protesters and bystanders, including disproportionate use of
force and extrajudicial killings. Witnesses claimed the police dragged Nitu Yadav, 14, from
bushes where he had been hiding and shot him dead in the face at point blank range. The
deaths examined by Human Rights Watch, found "no evidence that any of these victims,
27
including the police, was posing a threat" when they were killed .
It is expected that various states will have differing opinions regarding the aforementioned
actions of the police or actions on similar lines, but the first step towards counteracting abuse of
force by the police is the creation of policy which promotes abstaining from the use of lethal
force or violent measures, keeping in mind one of the objectives of the SOCHUM which is to
address to human rights violations.

Historical background
The term Police Brutality in the given context was mentioned for the first time in the Chicago
Daily Tribune, October 12, 1872. The headline read "Police Brutality: A Prisoner Shamefully
Maltreated by Officers. Kicked and Pounded in a Cell ---Probably Fatally Injured".

27

http://in.reuters.com/article/nepal-rights-idINKCN0SA0RI20151016

18

The origin of 'modern' policing based on the authority of the nation state is commonly traced
back to developments in seventeenth and 18th century France, with modern police
departments being established in most nations by the nineteenth and early twentieth
centuries. Cases of police brutality appear to have been frequent then, with descriptions of "the
28
routine bludgeoning of citizens by patrolmen armed with nightsticks or blackjacks."
Cases of brutality by the law enforcement authorities against the masses were more prominent
with the development of the concept of mass strikes and protests. Another example of an early
case is the killing of workers during the Railroad strike of 1877 in Chicago. In a single incident,
approximately thirty were killed the true number could not be reported since many were buried
at night in lime pits south of the city and another two hundred were wounded while not one
29
policeman or militiaman was killed .

Discussion of the problem

Defining and classifying police brutality
Police brutality does not have an internationally accepted definition, but in some cases can be
considered a form of torture. Here, the term torture means:
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 of 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. It does not include pain or suffering arising
30
only from, inherent in or incidental to lawful sanctions .
The definition of torture is consistent with many reported cases of police brutality. Police
brutality can also be categorized internally by the police as misconduct, where the definition is as
follows:

Street Justice: A History of Police Violence in New York City, p. 365

Schneirov, Richard. Labor and Urban Politics: Class Conflict and the Origins of Modern Liberalism in
Chicago, 1864-97, Urbana and Chicago, Illinois, U.S.: University of Illinois Press, 1998, pp. 75-95.
30
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
28
29

19

Any action, on duty or off, by a person entrusted with police powers which would violate
that trust to an extent that would cause those who entrusted the officer with said powers
to reasonably question whether continuing that trust would expose the public safety to an
unacceptable level of risk. Such brutality and use of unnecessary force and its recorded
31
effect on the civilians often amounting to death can be considered criminal offences .

Types of targeted police brutality

Racism
The United Nations Committee on the Elimination of Racial Discrimination (CERD) has
openly reported concern at the practice of racial profiling of racial or ethnic minorities by law
enforcement officials, particularly in the U.S. There are numerous complaints stating that
African-Americans are disproportionately affected by practices of racial profiling and the use of
disproportionate and often lethal force, as reported by the UN Special Rapporteur on Racism,
Mutuma Ruteere.
Her reports state that African-Americans are 10 times more likely to be pulled over by police
officers for minor traffic offences than white persons in the United States. Moreover, The Grand
Jury verdicts in the United States which resulted in the decisions to not bring to trial the cases of
two unarmed African-American men killed by police forces have sparked legitimate concerns
regarding policing practices across the country.

31

http://www.policemisconduct.net/introduction-to-police-misconduct-part-1/

20

Michael Brown, an African-American teenager from Ferguson, Missouri, and Eric Garner, an
African-American man from New York City, were both killed in separate incidents by white
police officers after they had reportedly surrendered. Their deaths establish a broader pattern of
32
lethal police brutality directed at minorities . The Jury decision only deepens the concern at the
disproportionate number of young African Americans who die in encounters with police officers
33
in the US .

Xenophobia
Refugee camps across the world are supposed to be a safe haven for those fleeing their
countries until they reach their destination, but refugees are also often victims of police violence
within these camps. More than three-quarters of refugees living in the Calais Jungle in France
say they have experienced police violence. The Refugee Rights Data Project (RRDP) provide
insight into the situation in Calais where police violence was allegedly experienced by 75.9 per
cent of the 870 individuals surveyed, which includes physical violence, verbal abuse, tear gas
34
and sexual violence. Over 54.1 per cent also said they never feel safe .

32
33
34

http://www.un.org/apps/news/story.asp?NewsID=49522#.V54dErh97IW/
http://www.un.org/apps/news/story.asp?NewsID=49444#.V54dELh97IW

http://www.independent.co.uk/news/world/europe/calais-jungle-refugees-camp-police-violence-report-dat
a-rights-a6968096.html

21

In February 2016, French police and armed civilian militias launched a series of attacks
against refugees in Calais. The charity Mdecins Sans Frontires treated some of the victims in
the aftermath of the violence, with staff witnessing injuries including fractures, stabbings, broken
bones, severe bruising and head trauma, some of which were life-threatening. The attack,
intended for evacuation, also included the beating of a 16-year-old boy with sticks by police who
35
handcuffed his arms behind his back .

Homophobia & Transphobia

Homophobic and transphobic violence has been recorded in all regions. Such violence may be
physical (including murder, beatings, kidnappings, rape and sexual assault) or psychological
36
(including threats, coercion and arbitrary deprivations of liberty) . Unfortunately, in all parts of
the world people experience violence and discrimination because of their sexual orientation or
gender identity. In many cases, even the perception of homosexuality or transgender identity puts
people at risk. Violations often include killings, rape, physical attacks and torture.
Since 1999, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has
regularly referred to persons being subjected to death threats or killed because of sexual
orientation and gender identity and has noted that members of sexual minorities are
disproportionately subjected to torture and other forms of ill-treatment by law enforcement
37
authorities because they fail to conform to socially constructed gender expectations .
For instance, in 2005 inside a police station in Indonesia, a man and his male partner were
allegedly severely beaten and sexually abused by police officers a day after reportedly having
been assaulted by 16 civilians.
In Jamaica, a man was allegedly stabbed and stoned to death after police, who reportedly
38
participated in the attack, urged others to beat him because he was homosexual . Police
misconduct in this area is not limited to just unnecessary violence. Police have raided offices of
LGBT groups and confiscated computer hard drives and contact lists of clients and supporters,
39
thereby exposing others to risk of harassment or violence .

35

https://www.theguardian.com/world/2016/feb/13/police-civilian-militias-attacked-migrants-calais-charity
36
Article 2 of the Declaration on the Elimination of Violence against Women
37
http://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf
38
http://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf
39
E/CN/4/2005/7/Add.1, para. 371

22

In response, the Human Rights Council has recommended the implementation of appropriate
sensitization and training programs for police, prison officers, border guards, immigration
officers and other law enforcement personnel. The High Commissioner had also recommended
in 2011 that member states investigate promptly all reported killings and other serious incidents
of violence perpetrated against individuals because of their actual or perceived sexual orientation
or gender identity with emphasis on such actions by state actors, and hold perpetrators
40
accountable, and establish systems for the recording and reporting of such incidents .
State sponsored brutality, police impunity and corruption
With its control over the instruments of power (the army, police and intelligence services), the
government has a distinct advantage over the population, which has mere numbers. It is an
obligation of the state, therefore, to use those instruments of power wisely. When government
uses this power advantage, either through employment of the official instruments or other means
such as militias, youth groups and the like, it is an abrogation of a most sacred obligation. The
use of violence and intimidation to maintain political control is also an admission that he who
commits the violent act has no legitimate claim to power. Legitimate governments rule with the
consent of the people governments that attempt to beat the population into submission are little
41
better than criminal gangs.
An example of such brutality is the misuse of the law enforcement authorities by the Kenyan
government. Such misuse has been suspected and commented upon by a number of United
Nations human rights experts, including Mr. Christof Heyns, Special Rapporteur on summary or
arbitrary executions; Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful
40
41

A/HRC/10/12/Add.1, paras. 1558-1562 and 2574-2582.

http://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf

23

assembly and of association; Mr. Michel Forst, Special Rapporteur on the situation of human
rights defenders; Mr. Juan E. Mndez, UN Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment; Ms.Mnica Pinto, the Special Rapporteur on the
independence of judges and lawyers; Mr. Stondji Roland Jean-Baptiste Adjovi, current
Chair-Rapporteur of the UN Working Group on Arbitrary Detention; and Mr. David Kaye, the
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression.
The experts expressed deep concern about the ongoing pattern of extrajudicial executions in
Kenya, and urged the government to put an end to police violence and ensure accountability for
the perpetrators. The experts call came after four police officers were charged with the murder
of human rights lawyer Willie Kimani, his client Josephat Mwenda, and their driver, Joseph
Muiruri, in the latest high-profile case in a long list of enforced disappearances and extrajudicial
killings in Kenya. According to the team, it is urgent for the government of Kenya to address the
apparent structural and systemic motives behind police brutality. The Kenya National
Commission on Human Rights has also documented a pattern of widespread and systematic
human rights violations which include extrajudicial killings and enforced disappearances, as well
as arbitrary arrests, extortion, arbitrary detention and torture. The murder of Mr. Kimani, who
was renowned for his work with the International Justice Mission, which fights police abuse of
power among many other rights violations, should prompt the authorities to take concrete
42
measures to put an end to police impunity .
The question of police impunity arises, as the brutal beatings by police amount to arbitrary and
abusive use of force, which is illegal under Kenyan, regional and international law. Interviews
with victims, lawyers, activists and analysts suggest a big share of the violence is also being
carried out by ordinary police officers on patrols. Evidence examined by Associated Press
43
suggests they are almost never punished . Concerns about impunity were also raised when the
International Criminal Courts chief prosecutor in The Hague dropped all crimes against
humanity charges against Kenyas president Uhuru Kenyatta for lack of evidence. That case was
44
linked to violence after the 2007 elections .

h ttp://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf
http://www.ctvnews.ca/world/kenya-police-killing-spreading-fear-breeding-corruption-ap-1.2134040
44
http://www.washingtontimes.com/news/2014/dec/5/in-kenya-police-kill-suspects-with-near-impunity/
42

43

24

There have been calls for the government to fairly and transparently investigate violence, with
the Inspector General of police ordering investigations into the violence, but past attempts at this
45
have not yielded very much . The experts underscored, stressing that this should include, but not
be limited to, providing adequate support and capacity to the Independent Police Oversight
Authority in Kenya in an effort to end police impunity, also noting that it is vital for human
rights defenders to exercise their human rights and fundamental freedoms free from intimidation
or fear of reprisals; and for the society as a whole to live in a country respectful of the rule of
law.
A lot of cases of police brutality go unreported due to the lack of an effective reporting
mechanism. In a lot of cases misconduct by a particular officer are neglected by the department.
In general, police culture is cited for misconduct. In the U.S., a significant factor of police
corruption in a number of major cities was that the police culture being observed was
characterized by a code of silence, unquestioned loyalty to other officers, and cynicism about
the criminal justice system. The Blue Code of Silence as an unwritten normative injunction...
embedded in police subculture. While it has been argued that it can provide legitimate
protection in some circumstances, it can also sustain an oppositional criminal subculture
protecting the interests of police who violate the law. It is this code of silence, based on group
loyalty and pressures for group acceptance, which makes it difficult for officers to report the
46
misconduct of others .
45
46

https://www.hrw.org/news/2016/05/18/dispatches-police-brutality-threatens-rights-kenya/
http://publications.gc.ca/collections/Collection/PS64-27-2006E.pdf/

25

Questionable use of weapons

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states
that governments and law enforcement agencies should develop a range of means as broad as
possible and equip law enforcement officials with various types of weapons and ammunition that
would allow for a differentiated use of force and firearms. These should include the development
of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly
47
restraining the application of means capable of causing death or injury to persons .
With emphasis on non-lethal weapons, the weapon is not intended to kill the victim, but actual
cases offer the contrary view. For example, the Taser X-26 is a weapon widely used by over
350,000 police officers in 45 countries. This is a pistol equipped with an electrode that drives a
discharge 50,000 volts into the body of the suspect, causing muscle paralysis for thirty seconds
and severe pain. The X-26 is intended to replace the use of a gun where possible, avoiding death
48
. However in the United States and Canada where the weapon has been attached to the belt of
police officers for 7 years, many abuses have been committed within the police, using the stun
gun to subdue citizens without proper precedence. Video footage has been published of several
instances, including one showing a Utah police officer on patrol "Taserise" a motorist who was
not armed or aggressive, but simply refused to sign a ticket. The man received a 50,000 volt
shock. In another instance, a Polish passenger died after receiving a shock from a Taser in
Vancouver airport. Since its circulation in 2001, Amnesty International counted 18 deaths in
49
Canada alone, and nearly 300 throughout North America, following its use . Most recently,
Ontarios police oversight body in Canada has launched an investigation into the death of a
mentally ill black man in Ottawa after a confrontation with police left him beaten, handcuffed
and lying face down in a pool of blood . Abdirahman Abdi, 37, was tackled by police who hit
50
him with a baton and used pepper spray to arrest him outside his building .

47
48

49
50

http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx

https://www.ncjrs.gov/pdffiles1/nij/232215.pdf

https://cobp.resist.ca/en/category/dossiers/taser
https://www.theguardian.com/world/2016/jul/26/canada-police-beating-abdirahman-abdi-ontario

26

The Future
Respecting existing conventions
When signing a treaty, a state is obliged to bring its domestic legislation into line with the
international treaty. It must furthermore ensure that state representatives or institutions comply
with the states international obligations. Failure to do so will entail the responsibility of the
state. This responsibility is particularly relevant when it comes to law enforcement. Violation of
the states obligations under international human rights law by law-enforcement officials in the
exercise of their duty will entail the states responsibility at the international level, including the
51
obligation to provide compensation and redress .
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment is a treaty that states that every state party shall take effective legislative,
administrative, judicial or other measures to prevent acts of torture in any territory under its
jurisdiction. Moreover, no exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public emergency, may be invoked as a
justification of torture. It also states that each state party shall ensure that all acts of torture are
offences under its criminal law. The same shall apply to an attempt to commit torture and to an
51

International Rules and Standards for Policing, ICRC

27

act by any person that constitutes complicity or participation in torture. Each state party shall
make these offences punishable by appropriate penalties that take into account their grave nature
52
. Cases of police brutality that can classify as torture as mentioned in the treaty must be dealt
with strictly in accordance with the Convention.
Important additional sources of international law are soft law documents. Soft law comprises
non-binding instruments, established through resolutions of the General Assembly of the United
Nations. The Basic Principles for the Use of Force and Firearms by Law Enforcement Officials
(BPUFF) is an example of soft law instrument that is of particular relevance to law enforcement.
It explicitly mentions that Law enforcement officials, in carrying out their duty, shall, as far as
possible, apply non-violent means before resorting to the use of force and firearms. They may
use force and firearms only if other means remain ineffective or without any promise of
achieving the intended result. Whenever the lawful use of force and firearms is unavoidable, law
enforcement officials shall minimise damage and injury, and respect and preserve human life as
well as ensure that assistance and medical aid are rendered to any injured or affected persons at
53
the earliest possible moment .
Independent monitoring and supervision
Supervision and control are key responsibilities of the senior command leadership, which is
required to ensure the fulfilment of the countrys obligations under international law, in
particular to ensure that law enforcement officials abstain from practices that contravene human
rights law.
Authorities must keep law enforcement procedures including their compliance with
international human rights law under constant review and enforce compliance with those
procedures. All levels across the chain of command need to be legally accountable for
compliance with the law. Grey policing, i.e. bending the law, cannot be tolerated. Supervision
and control leads to the detection of such practices and enables corrective measures to be taken.
Therefore, in some cases such supervision can be more effectively done by an independent body
54
dedicated to the same .
An example of this is the Christopher Commission. In July 1991, some four months after the
now infamous beating of a Los Angeles black taxi driver named Rodney King, the Christopher
Commission report was published. The commission, headed by attorney Warren Christopher
(who later became U.S. Secretary of State), was created to conduct "a full and fair examination
of the structure and operation of the LAPD," including its recruitment and training practices,
internal disciplinary system, and citizen complaint system. Its investigation and report was
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx
54
International Rules and Standards for Policing, ICRC
52
53

28

unprecedented, reviewing a five-year period of internal use of force reports, Mobile Digital
Terminal (MDT) transmissions between squad cars and police stations, and eighty-three civil
damages cases involving excessive force settled by the City Attorney for more than $15,000. The
55
commission also held hearings and interviewed scores of officials and residents .
Addressing accountability
Police accountability systems need to provide control mechanisms that are capable of
preventing the misuse of police powers and that reflect the need for the police to find a balance
between state directives, community concerns and professional principles while at the same time
accepting independent scrutiny. The quality of policing is the product of its effectiveness and
legitimacy. Police can establish, restore or enhance public confidence through measures that
enhance accountability, in particular by accepting civilian oversight. Such oversight requires
transparency; police forces with high levels of integrity will have fewer difficulties being
transparent and accountable.
Police accountability involves numerous actors before, during or after police actions and
operations. These usually include:
Police
Ministry
Police inspectorate
Prosecutors
Judges
Parliament or the legislative branch of the government
Municipal, district and provincial administration (for example mayor, city council,
governor, prefect)
National human rights institution or ombudsman
Police complaints bodies
Independent police oversight bodies
Non-governmental organizations and civil society organizations
Academics
Media
Individual members of the public
International treaty bodies
Specific bodies set up under peace agreements
All of the actors have a part to play in ensuring the police remain accountable and that they are
performing their duties in accordance with expectations. State institutions need to provide
55

https://www.hrw.org/legacy/reports98/police/uspo73.htm

29

guidance and direction and assess whether police actions are in compliance with this, while
refraining from excessive interference in police actions and operations. The public can inform
the police of their main concerns and expectations and file complaints. Finally, independent
institutions can evaluate police performance and compliance with the law and operational
instructions. This will ensure that the police are not the sole actor involved before, during and
after actions and operations. With this model in mind, an analysis of the current police
accountability system can be made, identifying gaps and weaknesses and developing suggestions
56
for its improvement . This is the suggested model that delegates should be considering during
debate when thinking of solutions to continuing police brutality in states that are frequent
offenders.
A critical element for the accountability template is appropriate training. A specific training
program on accountability, ethics, and integrity should be a part of every departments
educational plan, and an ethics component should be a part of every training module. An ethics
discussion can easily be integrated into training on topics such as evidence handling,
57
interviewing, use of force, report writing, testifying, and a host of other subjects .

Points Resolutions Should Address

How can police brutality be defined or classified to be recognised internationally?
How can the United Nations do more rather than simply condemning police brutality or
violence in a particular state?
Can the United Nations directly regulate police brutality while respecting the sovereignty
of the particular state?
Can the United Nations regulate or advise upon the weapons and tools used by police
officers to reduce the intensity and force of police brutality?
If the United Nations were to do more than condemnation, should and how can the
United Nations oversee domestic police department activities?
How can the United Nations ensure that police departments are held accountable?
How can the United Nations monitor the misuse of state resources/authority that may
lead to police brutality?
Could the United Nations minimise negative discrimination within law enforcement
bodies and how would it do this?

56

https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/PoliceAccountability_Over
sight_and_Integrity_10-57991_Ebook.pdf
57
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1208&is
sue_id=62007

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 Would the United Nations advising on the use of weaponry for certain situations reduce
the level of police brutality?
How can it be best distinguished when reasonable force becomes excessive and/or
unnecessary force?
Should the United Nations advise on the modification/addition of nation's laws
addressing police brutality?

Bloc Positions
North America (U.S.A. and Canada)
These two member states are currently at the forefront of the topic of police brutality in
Western media. The US often leaves investigations to internal police commissioners or district
attorneys, which is widely criticized for a lack of transparency, bias and accountability.
Furthermore there are accusations of a rampant racism problem in the US; numerous evidence
points to change in behaviour to minorities from police departments. This, combined with its
investigation procedures has left the US public opinion of the police unfavourable. From a
government perspective, the US attempts to minimize police brutality through the Fourth and
Fourteenth amendments in their constitution.
Europe
European countries, and more specifically the European Union, maintain their own problems
with police brutality, especially with regards to xenophobia in the light of the refugee crisis. The
European Council also provides a European Convention on Human Rights and guides to policing
for its members that attempt to fight against ill treatment and impunity. Human Rights Watch has
not steered clear of Europe and has called upon countries to investigate and put an end to reports
of police brutality in their country.
Middle East, South East, Central Asia and China
Countries within this bloc, though arguably less democratic, are sometimes accused of using
state law enforcement to maintain their power. On the other hand, the turbulent nature of their
region may be used to justify their use of the police. The police forces in some of these countries
are also accused of negative discrimination but more so due to influence or decision from the
state than what is perceived in the US or Europe. Notable examples are the use of police to quell
separatist movements and the use of racial profiling to determine criminals and terrorists that
leads to ill treatment of suspects and furthermore wrongly suspect innocent citizens. Numerous
countries in this region's use of excessive police force against protests have also been widely
condemned from the outside and political opponents. Delegates from these states may want a
very specific definition of police brutality potentially based on whom they are targeting and the
situation the country is in.
31

Central and Southern Americas

Police operations are different to their North American counterparts due to the recent history of
the region, such as drug related conflicts in states such as Mexico and the political instability in
Brazil. These nations may be looking to justify their use of police and other state law
enforcement to keep the peace in fragile areas. Use of police by some of these states has also
been attributed to maintaining authority of current governments and widening the gap between
social classes.

Further reading
1) Police Attitudes Toward Abuse of Authority
https://www.ncjrs.gov/pdffiles1/nij/181312.pdf/
2) United Nations Peacekeeping Conduct and discipline
http://www.un.org/en/peacekeeping/issues/cdu/
3) Ten Rules: Code of Personal Conduct For Blue Helmets
https://cdu.unlb.org/UNStandardsofConduct/TenRulesCodeofPersonalConductForBlueH
elmets.aspx/
4) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx/
5) Contemporary Police Brutality and Misconduct A Continuation of the Legacy of Racial
Violence
http://monthlyreview.org/commentary/contemporary-police-brutality-and-misconduct/
6) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx/
7) Handbook on Police accountability , oversight and integrity
https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/PoliceAcc
ountability_Oversight_and_Integrity_10-57991_Ebook.pdf/
8) Report on Progress since Christopher Commission
https://www.hrw.org/legacy/reports98/police/uspo74.htm/
9) Internal Investigations of Christopher Commission
https://www.hrw.org/legacy/reports98/police/uspo80.htm#TopOfPage/
10) Deadly Force : Police use of lethal force in the United States
http://www.amnestyusa.org/sites/default/files/aiusa_deadlyforcereportjune2015.pdf/

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