1. 1
To whom it may concern:
Thank you very much for volunteering your time and efforts to assist the United Nations in its
effort to gather information for an upcoming visit to the Unites States by the U. N. Working Group on
Arbitrary Detention (WGAD). The United States has called upon the U.N. to better understand the
presence and possible resolutions to violations of the U.N.’s University Declaration of Human Rights
relative to arbitrary detention. Your work will inform our report to the United States and in so doing,
affect how we approach future cases around the world.
History
On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration
of Human Rights. Its preamble states:
“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world….. THE GENERAL
ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of
achievement for all peoples and all nations…”1
As a result, a set of conventions was designed to provide for human rights monitoring and
enforcement. However not every state would ratify those instruments. The U.N. therefore felt that tools
based on its Charter were needed to hold every state in the world accountable for human rights.
That is the spirit which led to the establishment of the U.N. Working Group on Arbitrary
Detention in 1991 by the former U.N. Commission on Human Rights. The purpose of the WGAD is to
1. “Investigate cases of deprivation of liberty imposed arbitrarily” that may be in violation of
Universal Declaration of Human Rights and subsequent relevant instruments2
2. Have all states recognize that arbitrary detention is a “global phenomenon that needed to be
effectively addressed by the international community”3
3. Work cooperatively and in dialogue with all those concerned by the cases submitted to it.
The United States has asked the WGAD to look into the issues of arbitrary detention within the country.
This is the first time the U.S. has allowed WGAD to visit, so we are calling on groups like yours to provide
us with a report of your chosen focus.
WGAD’s Policies
In order to carry out the mandate stated above, the WGAD receives communication about
possible incidences in which the detention or other forms of deprivation of liberty are alleged to have
been carried out.4
In such instances, the WGAD could issue either an Urgent Appeal or an Opinion. In
addition, the WGAD may visit a country on an official mission. “These visits are prepared in
collaboration with the Government, the United Nations agencies in the field, and civil society
representatives. The visits are an opportunity for the WGAD to engage in direct dialogue with the
Government in question and with representatives of civil society, with the aim of better understanding
the situation of deprivation of liberty in the country and the underlying reasons for arbitrary detention”5

2. 2
with a view of assisting the country to improve its legal framework to prevent arbitrary detention. The
WGAD cannot conduct a country visit unless the concerned country has officially invited it to do so.
Since 1995 the WGAD has visited over 35 countries including the People’s Republic of China, the UK,
Mexico, Australia, Iran, South Africa, Canada, Ukraine, Senegal and Indonesia.6
The WGAD has never visited the United States even though it has issued various opinions
condemning it in some instances, the latest being in connection to Guantanamo. In response to the
recent Open Letter on Guantanamo, the Obama administration has decided to invite the WGAD for a
visit in January 2017. As with all country visits, all available information on the country in relation to the
mandate of the WGAD will serve as the basis of the background documentation and country assessment
of the members. During the visit, the WGAD will meet with various groups and individuals in the US in
addition to State authorities, representatives from State institutions of the three State branches as well
as visit to places of deprivation of liberty.7
Based on interviews and data collected from the country visit a report will be generated,
reviewed and provisionally adopted by the WGAD in plenary at one of its following sessions. The report
will then be transmitted to the Government concerned (in this case, the U.S.) for its comments before
the final adoption. Once the report is adopted by the WGAD, it will be presented to the U.N. Human
Rights Council in conformity with its reporting cycle. This presentation will be followed by an interactive
dialogue where the concerned Government will have the opportunity to give its assessment of the work
undertaken by the WGAD.
What We Need
We are asking organizations, such as yours, to create a two-page report about their specific civil
focus and area of concern. These reports will be presented to a panel of experts on March 7th
. This two
page report must contain each of the following components.
1. The name of the organization you represent and the names of the members of your delegation
that the WGAD will be interviewing
2. The specific sector of civil society your organization represents, for example – legal,
scientific/technical, non-profit, faith communities, educational, health, social science, etc.
3. The specific skills and experiences each delegate will contribute to the research and
composition of your report
4. The category of arbitrary detention in which your group will provide useful information (see
footnote 4).
5. A clear description of the specific issue relating to the deprivation of liberty about which you
will be composing your report. For example – detention of migrants, discrimination/civil rights
violation, criminal justice system concerns, freedom of speech, violation of fair trial norms,
violation of freedom of expression, violation or lack of protection for whistleblowers, etc.
6. A description of at least two cases that exemplify the issue chosen
7. A concise set of reasonable and researched solutions to the cases you have selected.
All research presented to the WGAD must take into account the social, political, and historical
context of the United States to enable WGAD members to enhance their understanding of the
evolution, state application and implementation of national legislation from the perspective of

3. 3
international human rights norms in the United States. You will be assigned a Washington State
University faculty member to assist in this task, and it is required that you meet with them at least once
before you submit your solutions.
Schedule
• Your report is due no later than 5pm on March 7th
as an attachment to ip.GCC@wsu.edu with
your organizations name and number followed by “Two Page Solution” in the subject line.
• A panel of experts will select the top five solutions no later than March 28th
to present to the
WGAD.
• On April 8th
the top five organizations will present their solutions to the panel of experts to
determine which organization will present to the WGAD in person at a later date. Only one
organization will be meeting with the WGAD.
We thank you for assisting us in addressing the issue of arbitrary detention in the United States. Your
work will be used in our reports and studies as we progress. We look forward to working with you.
Sincerely,
The United Nations Working Group on Arbitrary Detention

4. 4
References:
1
http://www.un.org/en/universal-declaration-human-rights/
2
http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/30/69 (page 2)
3
http://www.ohchr.org/EN/Issues/Detention/Pages/20thAnniversaryWGAD.aspx
4
Category I. When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as
when a person is kept in detention after the completion of his or her sentence or despite an amnesty law
applicable to the detainee).
Category II. When the deprivation of liberty results from the exercise of the rights or freedoms
guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and,
insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International
Category III. When the total or partial non-observance of the international norms relating to the right to
a fair trial, established in the Universal Declaration of Human Rights and in the relevant international
instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an
arbitrary character.
Category IV. When asylum seekers, immigrants or refugees are subjected to prolonged administrative
custody without the possibility of administrative or judicial review or remedy.
Category V. When the deprivation of liberty constitutes a violation of international law for reasons of
discrimination based on birth; national, ethnic or social origin; language; religion; economic condition;
political or other opinion; gender; sexual orientation; or disability or other status, and which aims
towards or can result in ignoring the equality of human rights.
5
http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/30/69 (page 6)
6
http://www.ohchr.org/EN/Issues/Detention/Pages/Annual.aspx
7
This invitation is fictional for the purpose of this competition. The Open Letter can be found on the
website of the Human Rights Commissioner
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16935&LangID=E