Human Rights Council
Human Rights Council
Human Rights Council
I. Committee Background
The United Nations Human Rights Council (UNHRC) was established on March 16,
2006, by the General Assembly. Its purpose is to promote and strengthen the protection of
human rights outlined in the Universal Declaration of Human Rights and address situations
where these rights are violated. The council’s meetings occur in the United Nations (UN) offices
in Geneva, where members gather to discuss human rights issues that require immediate
attention. The UN General Assembly is responsible for electing all 47 UN Member States that
make up the council, as it is an inter-governmental body that functions within the UN’s system
(United Nations, 2020). The Human Rights Council has four distinct assets that contribute to
the improvement of human rights conditions around the globe: the Universal Periodic Review,
which assesses human rights situations in all member states; the Advisory Committee, which
provides the council with advice and tactics to overcome an issue regarding the violation of
human rights; the Complaint Procedure, in charge of allowing individuals to bring attention to
situations regarding human rights; and the Special Procedures, which examine and monitor
existing conflicts (United Nations, 2020).
II. Introduction
Description and Definition of the Topic
The Legal Information Institute of Cornell defines police immunity within national law
enforcement agencies as “a judicially created doctrine that shields government officials from
being held personally liable for constitutional violations— like the right to be free from the
excessive police force” (Sobel, 2020). In other words, these types of laws shield local
government officials, such as police officers, from being sued by people alleging they violated
their rights, except in cases where “the official violated a ‘clearly established’ natural, legal, or
constitutional right” (Longley, 2022). The difference between the two is that a civil lawsuit is a
proceeding by a party against another in the civil court of law where the dispute can be settled.
At the same time, criminal prosecution charges an individual with a crime and puts them on
trial (United States Courts, 2022).
Police immunity has allowed police officers to use excessive force without consequence.
A 2020 Reuters investigation revealed that qualified immunity, alongside the U.S. Supreme
Court’s continual refinements to legislation, has made it easier for police officers to kill or injure
civilians with impunity (Chung, 2022). Consequently, officers have “less reason to improve their
procedures and to train to respect civil rights,” jeopardizing the safety and justice of civilians
(Longley, 2022). In order to receive any form of recognition, victims of police mistreatment
must first show that the offending officers violated an established law by citing a specific case
involving the same conduct. However, this is an extended process, which makes it easier for
courts to discard the case by demonstrating that there is no legal precedent in the form of
“nearly identical cases” (Longley, 2022). To many, this is a clear sign of corruption undermining
human rights, causing more problems as they have “an impact on the safety of citizens and their
pursuit of justice” (Council of Europe and Strasbourg, 2021). Nonetheless, if police immunity is
implemented correctly, citizens may have a chance at safety while officers can do their jobs
effectively.
The Problem
Qualified immunity was created “to protect government employees from frivolous
lawsuits” (Eji, 2020). However, law enforcement officials have abused this. (Guzman, n.d).
Established law, according to the US Supreme Court, “cannot be articulated with a high degree
of generality; rather, the law must be “particularized” to the facts of the case. Because of
qualified immunity, courts frequently rule that even when someone’s rights are violated, there is
no legal resource available because the law was not clearly defined, meaning that courts can
award qualified immunity without ever determining whether a constitutional violation occurred.
This makes it possible for people in power and government officials to take advantage of the
system and not take accountability for violence and misconduct.
Subsequently, it seems that qualified immunity substantially weakens the government’s
responsibility to protect its citizens and routinely fails to provide justice to victims whose rights
have been violated. Because this doctrine uses the term “clearly establish” to determine if the
crime violates the law, many government officials’ lawsuits are overturned by manipulating this
vague term (Schweikert, 2020). These large amounts of protests worldwide seem to suggest
citizens dislike qualified immunity, especially in the United States, despite the reasons for its
creation. For many, it makes them feel unsafe around law enforcement. It is up to this
committee to evaluate qualified immunity, determine if it poses a general threat to society, and
protect human rights worldwide— lest people continue to live in fear of the institution meant to
protect them.
as a ban on burqas and niqabs in public spaces. Furthermore, French citizens have held protests
against police killings in recent months. Other countries, such as Iran, Iraq, Sudan, Hong Kong,
and Nicaragua, have been seen actively “[authorizing] heavy-handed police responses to protests
and demonstrations” (Amnesty International). Human rights have been established to prevent
incidents like the previous one from occurring again; however, it would be incorrect to believe
that these new rights have cleansed law enforcement of their corruption.
In 2010, Hernández was shot at least twice by Mesa, a U.S. Border Patrol agent who was
on duty and stationed at the border in El Paso, Texas. The teenager, a citizen of Mexico, was in
Ciudad Juarez at the time, on the southern side of the border. Whether Hernández's parents,
who are also Mexican citizens, have the right to sue Mesa for damages in the death that took
place outside of U.S. territory is in dispute and at the center of a legal debate in the U.S.
Supreme Court has been seeking to decide for over three years. The parents advocated that the
teenager's Fourth and Fifth Amendment rights, which guarantee safeguards for due process and
protect against arbitrary search and seizure, were violated by the federal agent's
disproportionate use of force. The court's ruling was: The Hernández family cannot file a
lawsuit. This is because Mesa was protected by the police immunity granted in the United States.
Mesa said he shot Hernandez because he feared for his life after being attacked by the boy's
rocks. A videotape of the deadly occurrence refutes that narrative. The doctrine eliminated the
possibility of consequences for the officer; therefore, the Hendez family will never have justice.
Past UN Actions
The United Nations Convention against Corruption (UNCAC) is the largest universal
convention held to combat corruption within a country’s government, including government
malpractice regarding Law Enforcement agencies. The convention was split into four sections,
each tackling a different aspect of the issue: preventative measures, criminalization And law
enforcement measures, international cooperation, and asset recovery. The convention promotes
the use of third-party organizations to prevent future corruption cases. This would reduce the
risk of inner-government bribery and influence. Furthermore, the convention encourages
countries to raise awareness about corruption and its effects. The United Nations Convention
against Corruption (UNCAC) requires that its participants establish offenses built specifically
around corruption and expand existing laws to cover a more extensive array of possible offenses
and crimes, including money laundering, trading in influence, and obstructing justice.
Countries that agree to cooperate with the convention’s establishments are “bound by the
Convention to render specific forms of mutual legal assistance in gathering and transferring
evidence for use in court, to extradite offenders” (United Nations, 2003). One of the biggest
breakthroughs to have transpired within this convention is the affirmation that actions toward
Asset Recovery will occur. As the name suggests, Asset Recovery consists of repairing and
reforming a country’s systems to conform with the new policies. In this case, every country must
come closer to the laws and regulations put in place by the convention. Asset Recovery will also
“support the efforts of countries to redress the worst effects of corruption while sending at the
same time, a message to corrupt officials that there will be no place to hide their illicit assets”
(United Nations, 2003).
All in all, the convention was a global success in many aspects. Not only because of its
universally respected rules but also because of its solid demands for its participants. Both on
paper and in practice, the solutions presented are very effective because of how strict they are.
dozens of states have tried to end this principle but have failed (Kindy, 2021). President Joe
Biden has been in office for more than a year; nevertheless, he has yet to implement the
“long-promised policy changes” in the United States he proposed, disappointing Black civil
rights groups and community organizers (Roberts, 2022).
Nigeria
Nigeria has declared the absolute prohibition of police torture by creating the
Convention against Torture (CAT). This convention obligates states to take adequate measures
to prevent acts of torture within their jurisdiction. They also follow the Anti-Torture Act, which
“imposes a penalty of up to 25 years imprisonment for perpetrators” (Zinat Jimada, 2021).
There have always been legal safeguards against arbitrary arrest and detention for oversight of
the Nigerian Police Force (NPF);. However, although all these laws exist, torture and qualified
immunity are still widespread, demonstrating how the Nigerian authorities take advantage of
their power and use it unfairly. An example is when Kofi Bartels, a Nigerian journalist, filmed
three police officers from the Special Anti-Robbery Squad (SARS) beating up an innocent man
and then turning their attention to him. He described being beaten up and arrested; this account
is one of the many that have sparked protests in the country with the hashtag ‘EndSARS.’ The
start of SARS was in 1992, and it was formed to combat armed robbery and other crimes; since
then, they have been accused “of harassing and physically abusing thousands of civilians” with
no consequence whatsoever (Sada Malumfashi, 2020). Due to all the protests, the Nigerian
government announced that they would disband the unit; however, no change has been made.
According to Amnesty International, “the Nigeria Police Force (NPF) is responsible for hundreds
of extrajudicial executions, other unlawful killings and enforced disappearances each year”
(Amnesty International, 2020). Although the government is aware of its qualified immunity’s
negative aspects, no change has been made, and this has caused all citizens to protest against its
corruption.
Canada
Furthermore, “although Indigenous children represent 7.7% of all children in Canada,
they represent 52% of all foster children in the child welfare system” (Stelkia, 2020). After
reviewing police shootings in all of 2021, experts agree there has been little to no progress on
police accountability and police corruption. Between January 1 and November 30, 2021,
“on-duty police officers fired at 64 people […] and 32 were killed” (Malone). Additionally,
officers are generally sent out to check on someone that could have a mental health concern.
However, nine fatal police shootings started as wellness checks in 2020. Each Canadian
province has a different police shooting history. After five police shootings in Winnipeg, there
were none in 2021, compared to Toronto with six, Ontario with five, and Quebec and Alberta
with four, meaning it would be of help to observe what officers in Winnipeg are doing differently
and create a national database with information on police shootings in the country. Finally,
structural racism and police brutality, and corruption in a country considered one of the safest
in the world is still prevalent, and not enough has been done to end it.
Although political leaders in Canada claim that the country is not racist, there is evidence
that it is. Indigenous people and Black people make up the majority of police-related crimes. As
of 2017, one-third of indigenous people were shot to death by RCMP police. Additionally, a black
person in Canada is 20 times more likely to be killed by the police than a white person, at least
according to the Ontario Human Rights Commission (Stelkia, 2020). Therefore, help and
protection do not apply to people of color or indigenous people in Canada, despite the beliefs
that it does.
France
France’s established laws are close to the international standard and are an excellent
example of countries’ common views regarding police immunity. The country has adhered to
many treaties and signings, including the 1984 Convention against Torture (CAT) seen before,
the 1966 Covenant on Civil and Political Rights (ICCPR), and optional protocols for both. These
treaties are signed for better police regulation and compliance with international standards.
France charges significant fines for law enforcement officers who do not comply with these
rules. An officer can receive a fine of €45,000 and up to 3 years of imprisonment if they exhibit
negligence with a firearm and commit homicide. Unnecessary brutality or violence, however,
has a much larger punishment. Committing this crime can have the officer imprisoned for up to
ten years and a fine of €150,000. France has also established an Ombudsman, an individual
tasked with overseeing the people’s rights.
In 2011, police arrested 53 individuals at a music concert. These detained people were
indoors and suffered the effects of tear gas from the police. Six years later, in 2017, the
Ombudsman publicly denounced the police for their use of the gas, as it “did not respect set
procedure, nor was it necessary in the circumstances according to the decision” (Law on Police
Use of Force Worldwide 2021). This is an example of police brutality in the country, which treaty
bodies of the United Nations have brought up. Both the Human Rights Committee and the
Committee against Torture called on France to take action by “[adopting] effective measures,
particularly in terms of training, to prevent law enforcement and security forces from using
excessive force or non-lethal weapons in situations that do not warrant recourse to greater or
lethal force” (United Nations, 2015). Though the country is making multiple attempts to
conform to the United Nations standards, it still has issues regarding the severity of its officers’
methods and actions. Racism within the law enforcement of France is one of these issues. For
example, two years ago, on November 28, 2020, a severe case of police brutality was spotted on
the streets of France, where four white police officers detained and beat an unarmed black
performer. In 2021, in another case, Boubacar Dramé, a French citizen with black skin, was
mistaken as the culprit of a crime that someone else had called the police for, having nothing to
do with him. In summary, France is making long strides towards a more just law enforcement
and government, though it still has unresolved issues.
India
Police immunity in India is granted “under Section 197 of the Code of Criminal
Procedure, 1973”, which states that when a police officer is accused of committing an offense
while or in the discharge of their duty, they are not guilty (Ravi Singh Chhikara, 2021). It is
common for authorities to deny sanctions to cops due to political reasons, and because of this,
no justice is given to the victims. Apart from this, the court process is long and complicated to
make victims avoid officers. If they approach the trial court, they are asked to get the Center’s
sanction “and, if the trial court takes up the case, it is faced with the difficulty in determining
whether the alleged offense was committed by the accused police officer(s) in the discharge of
official duty” (Ravi Singh Chhikara, 2021). Due to this, numerous victims in India have
experienced police brutality and never got justice for it. Since the authorities have qualified
immunity to protect all their actions, they have recently been using excessive and unnecessary
force on citizens. The 2020 Country Reports on Human Rights Practices: India mentioned how
there have been “unlawful and arbitrary killings, including extrajudicial killings perpetrated by
the police and torture and cases of cruel, inhuman, or degrading treatment” (India - United
States Department of State, 2021). An example occurred on June 23, 2020, Ponraj Jeyaraj and
his son died during police custody in Tamil Nadu. They were arrested for violating COVID-19
regulations, and “the police beat them and they subsequently died from their injuries”; as a
result, the officers were not arrested. (India - United States Department of State, 2021). The
government has not abolished Section 197 because it uses the police to harass human rights and
social activists. They have created laws against acts like organizing protests, giving the police
more reason to use excessive force on every person who uses freedom of speech. If the country
remains like this, then no justice will ever be given to its citizens.
V. Possible Solutions
The purpose of this committee is to come up with solutions that can tackle this current
issue to be able to eliminate corruption within national law enforcement agencies through the
lens of human rights violations.
According to critics, qualified immunity has given law enforcement officials the freedom
to violate resident’s rights, particularly those who lack voting rights, without being held
accountable. That is why one solution would be to abolish this doctrine as a whole; however, this
law remains significant as it shields law enforcement from frivolous civil claims by this principle.
Two states in the US, Colorado and New Mexico, have passed legislation that bans qualified
immunity to protect citizens from corruption and give all justice. These states claim that police
have been more conscious and careful on the job because they are accountable for their actions
(Tobert, 2022). However, the limitation that the abolishment of this principle holds is that
removing qualified immunity might expose law enforcement to unnecessary litigation, which
might result in judges and juries overturning split-second decisions costing cities, police
departments, and other public authorities much money. Nonetheless, many assert that
removing this doctrine will prevent law enforcement corruption and ensure justice, despite any
other repercussions.
As stated above, justice is determined if the officer's violation of the law is “clearly
established.” This vague term establishes whether the officer is convicted of a felony and if
justice is served. Therefore redefining this term by stating what actions are considered a felony
and which are protected by qualified immunity can help differentiate when an officer was doing
their job vs. when they were abusing qualified immunity and their power. On the other hand,
the purpose of the unclear term is “to protect officials from liability that could hamper their
ability to do their jobs and subject their game-time decisions to a judicial system “ill-suited” to
make such second guesses”(Baker, 2022). This shows that the drawback to this approach may
subject law enforcement to needless lawsuits.
These are only legislative solutions. Another way to ensure the removal of corruption and
human rights violations is with specific training and reforms on police processes. “Constant
training will improve officer conduct and greatly develop their interpersonal skills throughout
the department by improving competence, communications, and confidence” hence, this idea
hopes to prevent government officials from corruption and violations of human rights
(McHenry, n.d). On the contrary, police work and training are very demanding, which is why
adding extra discipline can significantly affect officers mentally by creating additional pressure
and stress.
These are just a few solutions with limitations that can be implemented to eliminate
corruption and human rights violations within governmental agencies.
been proven successful, such as statements or commentaries to countries such as the U.S. Police
bribery and complicity of the police in the drug trade are more specific, targeted problems that
have also been addressed yet need more public attention. Even though the problem may seem to
be improving slowly, according to Mapping Police Violence, police have killed 84 fewer people in
the U.S. through April 2022 compared to the same period in the previous year (Code of Conduct
for Law Enforcement Officials, n.d).
Currently, there is a disconnection between citizens and law enforcement agencies, for
example the ACAB movement that is used for dissidents- citizens that are against official policy-
in order for them to express their discontent with the authority. The movement surfaced after
the murder of George Floyd on May 2020. Such lack of understanding and trust between
citizens and police results in the former violating rules and protesting, and the police storming
protests and potentially harming those protesting. Additionally, it is important for both sides to
acknowledge that the Black Lives Matter (the movement that began after the murder of Geroge
Floyd) movement’s overall goal is to bring about significant change by educating people about
how the system is intrinsically prejudiced against black people. When people state ACAB, it fully
shifts the burden to the police as a fundamental institution, erasing the presence of such bias.
Ultimately, as a committee it is of the most importance to admit that both citizens, most
specifically those who overly generalize about police, and the police itself must come together to
realize the human rights that are violated through corruption and immunity, and enforce laws to
protect and for there to be trust. Most police corruption may potentially come from the fact that
there is a significant lack of trust between the sides. A call to the problem cannot be made unless
all perspectives of the problem are discussed and accepted.
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