The Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Slavery and Muslim Society in Africa

By Allen G.B. Fisher & Humphrey J. Fisher

The book discusses the institution of slavery in Saharan and Sudanic Africa and the trans-Saharan trade. The authors, Allan G.B. Fisher and Humphrey J. Fisher, provide insights into the size of the slave population, slave status and religion, domestic treatment of slaves, slave exports and marketing, and the role of slaves in African society. The document also includes references to specific incidents

C. Hurst & Co. Publishers, 1970, 219 pages

United States, Slavery and the Slave Trade in the Nile Valley

By El-Bashir, Ahmed E.

The book discusses the history of slavery and the slave trade in the Nile Valley, focusing on the United States’ involvement. It examines public reactions, the role of American travelers in shaping opinions, and the official response to the issue. The author acknowledges the assistance of various individuals and institutions in conducting his research.

University Press of America, 1983, 189 pages

Dark webs: Uncovering those behind forced labour on commercial fishing fleets

By Alfonso Daniels, Matti Kohonen, Eloy Aroni, Mariama Thiam

Forced labour in the fisheries sector is increasingly being recognised as a widespread human r1 The ILO provides a framework of 11 forced labour crisis. Forced labour is defined by the International Labour Organization (ILO) – the UN agency that sets up labour standards to ensure decent working conditions – as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”0rced labour risk indicators that apply to the fishing sector, including indicators such as debt-bonded labour, and abusive working and living conditions.02

Boston: Financial Transparency Coalition , 2023. 74p.

Labour exploitation and other work-related crime: a problem analysis and prevention framework.

By Stijn Aerts

Key takeaways 1. Work-related crime refers to all infractions of laws and regulations regarding salary and employment, benefits, taxes and duties. This includes labour exploitation, forced labour, and trafficking in human beings for labour exploitation, as well as all criminal activities that may be related to, or indicative of, these crimes: benefit fraud, tax evasion and money laundering, breaching workplace safety regulations, salary extortion, and so on. 2. Labour exploitation is a particularly harmful crime. First, there is the direct harm (physical, psychological and economic) to victims. Second, exploitation creates unfair competition, having a negative effect on the legal economy and labour market. Third, unfair competition in trade and labour markets, and illegally acquired wealth, may erode trust in institutions and European values. 3. Exploiters make profit through a series of cost-cutting and revenue-generating actions. They save on wages, a safe work environment, taxes and social benefit contributions. Revenue is generated by asking inflated prices for recruitment and housing, by committing different types of benefit fraud, and by out-competing competitors. 4. Offenders use (seemingly) legal business structures and labour mobility options (including posted labour) to create intricate, often international, subcontracting chains that serve to hide illegal activity from plain sight and hamper investigations. 5. There are different prevention strategies, each with their own benefits and disadvantages. Victim-oriented approaches include awareness programmes for potential victims, as well as victim identification and assistance. Buyer-oriented strategies target both personal and corporate buyers, and aim to shrink the market for services and goods produced by exploited labour. Offender-oriented approaches have the objective to create an environment that is risky and unrewarding for offenders to operate in. The latter may be achieved by a mix of criminal justice and administrative probes that benefits from increased information sharing between authorities and across borders.

Brussels: European Crime Prevention Network - EUCPN. 2023. 40p.

Slavery & Identity

By Mieko Nishida

●Thematic Focus: The book offers a new interpretation of urban slaveryin Salvador, Brazil, from 1808 to 1888, exploring the self-perceptions and identities of enslaved Africans and their descendants during theslavery regime, emphasizing factors like ethnicity, gender, and race.

●Structural Overview: It is divided into three parts, each examiningdifferent aspects of identity creation among African-born and Brazilian-born individuals, with chapters detailing the creation, representation,convergence, and re-creation of identities within the historical contextof New World slavery.

●Research Foundation: Nishida's work is grounded in primary sources and reflects her personal journey of identity search, paralleling the experiences of her subjects who navigated their identities amidst socio-political transitions in Brazil, such as the end of the transatlantic slave trade and the abolition of slavery.

Indiana University Press, 2003, 255 pages

Slavery in Dutch South Africa

By Nigel Worden

This book provides a comprehensive study of slavery in Dutch SouthAfrica, covering various aspects such as the historical context, the role of the Dutch East India Company (VOC), the economic impact of slavery, and the social dynamics between slaves and their masters. Here are some key insights.It details the establishment and growth of a slave society in South Africa under Dutch colonial rule from 1652 to 1795, and examines the economic aspects of slavery, including the profitability of slave labor and its integration into the colonial mercantilist system.It explores the relationships between slaves and their masters, the legal framework governing slavery, and the mechanisms of control and resistance within the slave society. The study places Cape slavery within a broader comparative framework, challenging traditional views and highlighting the complexities of the slave system at the Cape.These insights provide a nuanced understanding of the institution of slavery in Dutch South Africa and its implications for the region's history and development

Cambridge University Press, 1985 , 107 pages

The Slave Trade of Eastern Africa

By R.W Beachy

This book provides a comprehensive historical account of the EasternAfrican slave trade, tracing its origins from ancient times to the 19th century. It covers the extensive geographical area involved in the slavetrade, including the East African coast, Arabian Peninsula, and beyond.The influence of Portuguese, French, and British involvement in the region is discussed, highlighting their roles in the trade dynamics.Evidentiary documents include treaties, historical records and personal accounts that offer a glimpse into the realities of the slave trade in East Africa during different periods.

Rex Collings London, 1976, 140 pages

Humanitarian Imperialism : The Politics of Anti-Slavery Activism 1880-1940

By Amalia Ribi Forclaz

Humanitarian Imperialism examines anti-slavery activism between 1880-1940 and its entanglement with religious and political powers, diplomatic affairs, and military actions. It highlights the emergence of Catholic anti-slavery organizations in Europe, their efforts to raise awareness about African slavery, and their collaboration with established British societies to influence public and political spheres. The book provides an in-depth analysis of the campaign against slavery in Ethiopia, illustrating the complex interactions between British and Italian activists, missionaries, colonial authorities, and the League of Nations.. Finally, it reveals a transition in anti-slavery activism, influenced by the rise of totalitarian regimes and the changing international context during the interwar years, leading to a critical assessment of the relationship between humanitarian internationalism and imperialism.

Oxford University Press, 2015, 243 pages

Human Rights in World History

By Peter N. Stearns

"Human Rights in World History" by Peter N. Stearns presents a comprehensive exploration of the evolution of human rights across diverse cultures and time periods. Through meticulous research and insightful analysis, Stearns examines the varying interpretations and implementations of human rights throughout history, shedding light on the complex interplay between societal norms, governance, and international relations. This authoritative work offers a valuable perspective on the ongoing struggle for universal human rights and their significance in shaping our contemporary world.

Routledge, 2012, 967 pages

Sheriffs, State Troopers, and the Spillover Effects of Immigration Policing

By Huyen Pham & Pham Hoang Van.

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, non-signatory law enforcement agencies. Using 18 million traffic stops drawn from the Stanford Open Policing Project, we find that the agreements caused state troopers in North Carolina and South Carolina to stop Hispanic drivers more often than White drivers, in order to funnel them into the intensive immigration screening conducted by signatory LEAs at the shared jails. Because trooper agencies did not sign the agreements, statistical associations between the presence of agreements and the differential treatment of drivers by race are not contaminated by unobserved confounding factors. Our identification of these previously unnoticed spillover effects raises important policy questions about the program’s impact and the adequacy of existing legal and administrative controls.

Arizona Law Review, 2022. 41p.

Crimmigration and the Legitimacy Of Immigration Law

By JULIET P. STUMPF 

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of immigration law. This Article explores the significance of crimmigration for the procedural legitimacy of immigration law. Seminal scholars of psychological jurisprudence have concluded that perceptions about procedural justice—whether the law and legal authorities treat people fairly—are often more important than a favorable outcome, such as winning a case or avoiding arrest. Crimmigration introduces procedural deficiencies into immigration law that may undermine people’s perceptions of its legitimacy. These deficiencies, seen through the lens of psychological jurisprudence, mean that individuals and institutions are less likely to trust immigration law and cooperate with immigration authorities. This Article applies specific criteria that jurisprudential psychologists have shown influence perceptions about justice. It predicts that the core procedural deficiencies of crimmigration—which bar access to immigration benefits, undermine procedural safeguards for fair and accurate outcomes, and embed racialization into immigration enforcement—will undermine perceptions about the legitimacy of immigration law. This has important implications for immigration reform. If immigration enforcement lacks procedural justice, any compromise struck with crimmigration at its core will exacerbate public distrust of immigration law.

Arizona Law Review, 2023. 47p.

Immigration Detention is Never “Presumptively Reasonable”: Strengthening Protections for Immigrants with Final Removal Orders

By Elizabeth Hannah

Immigration detention is a central feature of the United States’ immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government’s reliance upon immigration detention has grown, the Supreme Court has systematically stripped noncitizens of important substantive and procedural protections. This is especially true in the post-removal-order context, where a series of recent decisions have placed more people than ever at risk of prolonged detention without a bond hearing. Three cases in particular—Johnson v. Guzman Chavez (2021), Johnson v. Arteaga-Martinez (2022), and Garland v. Aleman Gonzalez (2022)—have increased the likelihood that noncitizens subject to post-removal-order detention will remain incarcerated for months or years, even if they have pending claims for relief. This Note describes each of these three cases and explains how, together, they severely undermine the rights of noncitizens with final removal orders. This Note further argues that people facing post-removal-order detention should be entitled to rigorous due process protections. Even though detention constitutes a clear deprivation of liberty, the Supreme Court has held that six months of post-removal-order detention is “presumptively reasonable.” This Note criticizes that premise and asserts that no period of immigration detention is presumptively reasonable. In other words, even if the Court had decided Guzman Chavez, Arteaga-Martinez, and Aleman Gonzalez in favor of the noncitizen plaintiffs, the existing framework would still be insufficient to protect immigrants in post-removal-order detention from experiencing protracted and unnecessary trauma. This Note therefore posits that, at minimum, immigrants with final removal orders should receive a bond hearing before an immigration judge at the close of the 90-day mandatory detention period. While more radical solutions like detention abolition are ultimately in order, a 90-day bond hearing requirement would at least provide noncitizens facing post-removal-order detention a meaningful opportunity to secure release from custody.

Arizona Law Review, 2023. 36p.

Navigating through your supply chain. Toolkit for prevention of labour exploitation and trafficking

By Anni Lietonen, Anniina Jokinen, Natalia Ollus 

In recent years, the issue of labour trafficking and exploitation in global supply chains has gained more and more attention. Businesses are under increasing scrutiny from consumers, media, civil society, investors and governments to behave in an ethical manner. However, there has been less focus on local and national structures. It is a common practice for businesses to rely on subcontractors/suppliers, or to use contractual partners who use subcontractors for specialised, project-related or short-term work. In recent years, cases of labour exploitation in supply/subcontracting chains have been uncovered around the world, as well as in Europe. With increased mobility of workers and increasingly complex supply chains, there is a growing need to ensure that all involved parties know their rights and obligations. This can prevent the exploitation of migrant workers and the risk of businesses becoming involved in such scenarios. This risk management toolkit has been developed in the context of the EU-funded FLOW-project. Its purpose is to give companies a brief overview of what labour exploitation and trafficking are, as well as to demonstrate the risks for businesses, and how involvement in such scenarios can be effectively avoided. These tools focus on the practical implementation of due diligence procedures, such as gathering information through worker-led monitoring and grievance mechanisms. The aim is to provide “hands-on” measures for businesses that can be used to navigate and control complex supply chain networks, especially in a local, national and intra-European context with the focus on preventing exploitation and trafficking. The measures include conducting a risk assessment, drafting an anti-trafficking strategy, screening contractual partners, incorporating specific contractual clauses and organising workplace assessments/inspections concerning the activities of subcontractors or other contractual partners. To supplement this toolkit, a Normative Framework Guide (HEUNI Publication Series No. 94) has also been developed as part of the FLOW-project, which provides a summarised overview of existing legal frameworks outlining businesses' responsibilities with regard to human rights, with a focus on labour exploitation and human trafficking. Outsourcing of work through subcontracting and the use of temporary workers in overly flexible employment relationships makes it more difficult for companies to assess the working conditions under which goods and services are produced (FRA 2015; Jokinen & Ollus 2019). The more layers in the supply chain, the more difficult it is to survey how the subcontractors carry out their business. In the worst-case scenario, legitimate business structures and lengthy supply chains may reveal serious forms of exploitation or even human trafficking. Concern over workers’ rights at all levels of the supply chain, in particular at the lower end of a subcontracting chain, should be included in responsible business policies. Committing to respecting Business and Human Rights (BHR) agreements alone cannot guarantee that a company is not unknowingly involved in labour exploitation or trafficking. Proactive businesses can mitigate such risks more efficiently by engaging in risk management, inspections and monitoring of working conditions. Who should use this tool? Managers, experts, and representatives of: ○ Businesses, NGOs and/or organisations that use low-skilled migrant workers through outsourcing, subcontracting, and recruitment companies and labour intermediaries in, e.g., construction, cleaning or catering services ○ Businesses working in risk sectors where labour exploitation or human trafficking have been identified ○ Public procurement units working for states, municipalities and/or state enterprises ○ Corporate Social Responsibility experts and networks Businesses should take steps to strengthen their role in regulating the labour supply and in recognising the signs of labour exploitation. Effective and proactive measures to tackle labour exploitation deters criminal enterprises from entering labour supply chains and promotes fair competition and decent work.     

Helsinki: HEUNI, 2020. 60p.

Disrupting Labor Trafficking in the Agricultural Sector: Looking at Opportunities beyond Law Enforcement Interventions

By Chase Childress, Amy Farrella, Shawn Bhimani, and Kayse Lee Maass

Law enforcement interventions continue to be the primary mechanism used to identify offenders and illicit businesses involved in human trafficking, yet trafficking continues to be a thriving international operation. We explore alternative mechanisms to disrupt illicit operations and reduce victimization through labor trafficking supply chains using supply chain disruption theory. Using a case study approach to examine one federally prosecuted labor trafficking case in the agricultural sector, we (1) extend criminological concepts of disruption by identifying sources and methods of disruption and (2) inform criminal justice system responses by presenting novel methods of assessing effectiveness of anti-human trafficking policies and programs.

Victims & Offenders, 2022. 39p.

The Impact of the Inter-American Human Rights System: Transformations on the Ground

 by Armin von Bogdandy, Flávia Piovesan, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi

The Inter-American Human Rights System (IAHRS) fosters structural transformations throughout the Americas. This collection of analyses builds upon the studies on Ius Constitutionale Commune en América Latina and Latin American transformative constitutionalism to map out both the ground-level human rights impact of the IAHRS and the institutional characteristics that have enabled such fundamental changes in social reality. The volume starts with essays framing the concept and context of IAHRS impact. Then it navigates thematic analyses on specific rights and types of violations that are front and center to the protection of human rights in Latin America. The concluding essays explore whether and how it is possible to optimize the actions of the Inter-American System, indicating possible paths to increase positive human rights impact. The editors contend that the IAHRS victim-centric approach, community of practice, and openness to institutional reinvention have enabled it to create a virtuous cycle that catalyzes human rights in the Americas, furthering democracy and the Rule of Law throughout the continent.

Oxford, UK; New York: Oxford University Press, 2024. 705p.

Fighting Fake Facts

Editors:  Peter Seitz,  Mark Eisenegger and Manfred Max Bergman  

Scientific methods, known for their systematic and rigorous approaches, have yielded countless discoveries and essential technologies that enhance our lives, fostering ease, productivity, and comfort. Yet, many of these discoveries and technologies have facilitated the dissemination of false and potentially harmful information—the realm of fake facts. The distortion of information, encompassing misinformation, disinformation, and malinformation, poses a threat to democratic societies and the core of scientific progress. Consequently, the scientific community must explore why fake news resonates, identify detection strategies, and develop effective countermeasures. The years 2020 and 2021, dominated by the COVID-19 pandemic, underscored the impact of fake news. Conspiracy theories, dangerous pseudo-therapies, and anti-vaccine movements thrived, highlighting the urgency of addressing false information. The collection of articles in this book covers key topics related to fake facts and fake news, aiming to enhance our understanding of their impact and to counter them using scientific principles.

Basel: MDPI - Multidisciplinary Digital Publishing Institute, 2023. 100p.

Maddy B
A Witch's Hand: Curing, Killing, Kinship, and Colonialism among the Lujere of New Guinea’s Upper Sepik River Basin

By William E. Mitchell

From 1971 to 1972, William E. Mitchell undertook fieldwork on suffering and healing among the Lujere of Papua New Guinea’s Upper Sepik River Basin. At a time when it was not yet common to make colonial agencies a subject of anthropological study, Mitchell carefully located his research on Lujere practices in the framework of a history of colonization that surrounded the Lujere with a shifting array of Western institutions, dramatically changing their society forever. This work has been well known among anthropologists of Oceania ever since, but the bulk of it has remained unpublished until now. In this major new work, Mitchell revisits his earlier research with a three-part study on: the history of colonial rule in the region; the social organization of Lujere life at the time; and the particular forms of affliction, witchcraft, and curing that preoccupied some of the people among whom he lived. This is a magisterial contribution to the ethnography of Papua New Guinea and it is sure to be an invaluable source for scholars of Oceania, of medical anthropology, and of the anthropology of kinship, myth, and ritual. 

Chicago: HAU Books ( University of Chicago), 2024. 567p.

Maddy B
'A Course of Severe and Arduous Trials': Bacon, Beckett and Spurious Freemasonry in Early Twentieth-Century Ireland

By Lynn Brunet

The artist Francis Bacon (1909-1992) and the writer Samuel Beckett (1906-1989) both convey in their work a sense of foreboding and confinement in bleak, ritualistic spaces. This book identifies many similarities between the spaces and activities they evoke and the initiatory practices of fraternal orders and secret societies that were an integral part of the social landscape of the Ireland experienced by both men during childhood. Many of these Irish societies modelled their ritual structures and symbolism on the Masonic Order. Freemasons use the term ‘spurious Freemasonry’ to designate those rituals not sanctioned by the Grand Lodge. The Masonic author Albert Mackey argues that the spurious forms were those derived from the various cult practices of the classical world and describes these initiatory practices as ‘a course of severe and arduous trials’. This reading of Bacon’s and Beckett’s work draws on theories of trauma to suggest that there may be a disturbing link between Bacon’s stark imagery, Beckett’s obscure performances and the unofficial use of Masonic rites.

Bern: Peter Lang, 2009. 218p.

Maddy B
The Gender Binary and The Invention of Race

By Sally Markowitz

The Gender Binary and the Invention of Race explores a fundamental and often overlooked connection between modern European conceptions of gender and race. Starting in the eighteenth century, these conceptions have intermeshed through a racialized gender‑binary ideal for the male‑female couple that, supposedly, only Europeans embody.

Through an exploration of various expressions of this racial gender-binary ideal, this book illuminates the deep connections between categories of race, sex/gender, and sexuality and the social hierarchies they support. This book also explores how the racial gender‑binary ideal has both shaped fin‑de‑siècle arguments for the respectability of male homosexuality and informed the mid‑twentieth‑century feminist analysis of Simone de Beauvoir’s The Second Sex. Finally, this book compares its approach to understanding the race/gender connection to that of intersectional theorist Kimberle Crenshaw.

The Gender Binary and the Invention of Race is an accessibly written book that will be of interest both to undergraduate and graduate students of Gender Studies, as well as to a general audience wishing to learn more about the relationship between the categories of race, gender, and sexuality.

London: Routledge, 2024. 200p.

Maddy B
Corruption and Illegality in Asian Investment Arbitration

Editors; Nobumichi Teramura; Luke Nottage

 Bruno Jetin  

This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption.

Cham, SWIT: Springer Nature, 2024.  463p.

Maddy B