SIMULATION II EXERCISE INSTRUCTIONS

SIMULATION II EXERCISE INSTRUCTIONS

1. OJECTIVES: The objective of the simulation is to offer students an in-class environment in which they can engage in active learning by putting into practice some of the main concepts, ideas and theories seen in sections 3.2, 3.3, and 3.4. To this end, students will be asked to engage in the process of negotiating an international human rights convention and a treaty compliance mechanism while seeking to maintain a balance between their personal political views and the national and international objectives of their country as determined by national level negotiations. 2. ACTORS:  9 Governments with 5 delegates per government delegation (45). Each government delegation will be comprised of: Three (3) International Human Rights Treaty (IHR) delegates 1 Delegate for civil and political rights 1 Delegate for social, economic, and cultural rights 1 Delegate for international rights against torture Two (2) Treaty Compliance Mechanism (TCM) delegates  3. THE SIMULATION:   The first session will be dedicated to the following national and international objectives and stages of negotiations:
2. National level

Assign diplomatic roles within each government.  1 Civil and Political Rights delegate 1 Economic, Social, and Cultural Rights delegate 1 Rights against Torture delegate 2 Treaty Compliance Mechanism delegates Formulate government policy on human rights and treaty compliance mechanism through group discussion. These discussions should be informed by individual position papers.  Record the general outcome of the discussion. Worksheets will be provided.

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2. International Level International Preparatory Meeting (IPM)

Launch an International Preparatory Meeting (IPM) that will negotiate:  The draft human rights treaty for the formal International Human Rights Treaty Conference to be held during session two. The draft treaty compliance mechanism for the formal International Human Rights Treaty Conference to be held during session two. The IPM is composed of four separate international working groups: Civil and Political Rights working group Economic, Social, and Cultural Rights working group Rights against Torture working group Treaty Compliance Mechanism working group

Each international working group must select a chair and rapporteur:  The chair will chair the working group The rapporteur will record the outcome of the meeting (worksheets will be provided).  Chairs and rapporteurs must be prepared to do some additional work but will receive 10 bonus points for the final simulation report mark (10/100). Note: if more than one student wishes to be chair/ rapporteur of the working group, delegates should proceed to a vote on the candidates.

Discuss the outcome of the International Preparatory Meeting (IPM) Begin planning a strategy for the International Treaty Conference (ITC). Useful questions to ask may include: Who are our allies or ‘like minded’ representatives? Which human rights are non-negotiable and which can be sacrificed? What is our position on the treaty compliance model?

SECOND SESSION OBJECTIVES

NATIONAL LEVEL:

INTERNATIONAL LEVEL:

As before, chairs and rapporteurs will lead the meeting of the working groups.

Civil and Political Rights working group Economic, Social, and Cultural Rights working group Rights against Torture working group Treaty Compliance Mechanism working group

10:05am to 10:20am- each working group finalizes their draft by 10:20am.  If there are any outstanding disagreements on the inclusion/ exclusion of a right or set of rights, members of the working group must proceed to a vote (1 government, 1 vote).  A simple majority is required for a type of right to be included in the final draft.  The rapporteur will record the votes for each working group. Each government’s vote must be recorded (recording sheets will be provided).  There are three voting options: in favour, against, or abstention (Note: abstention is ‘a voluntary decision not to act’ which is not the same as voting against). As above, a simple majority vote is required to adopt a model of treaty compliance. Only one treaty compliance mechanism can be adopted.

Final international vote to adopt the Draft International Convention and International Treaty Compliance Mechanism as a package. The vote will take place through roll call vote: Each government has one vote. There are three voting options: in favour, against, or abstention (abstention is ‘a voluntary decision not to act’ which is not the same as voting against).

: the Representatives return to their home government to finalize national ratification. At this stage, governments have the option of ratifying or not ratifying the final treaty.

‘Ratification defines the international act whereby a state indicates its consent to be bound to a treaty […]’ UN Treaty Collection   HYPERLINK “http://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml” \l “ratification” http://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml#ratification).

Government ratification requires a simple majority vote of government representatives. Each government representative has one vote. As always, there are three voting options: in favour, against, or abstention. The objective of the national level deliberations is to examine the final treaty and voice your personal views drawing from your position paper in order to make a determination as to whether you feel you can support the final treaty’s language on human rights and its treaty compliance mechanism.

Governments may also submit in writing to the instructor any reservations that may arise from the national level deliberations.

(‘A reservation is a declaration made by a state by which it purports to exclude or alter the legal effect of certain provisions of the treaty in their application to that state. A reservation enables a state to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations can be made when the treaty is signed, ratified, accepted, approved or acceded to. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made.’ UN Treaty Collection  HYPERLINK “http://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml” \l “ratification” http://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml#ratification’).