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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Dynamics and challenges for child migration in South America

By Ximena Canal Laiton

This report explores the migration experiences of Latin American and Caribbean children and adolescents on the move through South America. The study is based on 4Mi1 surveys and interviews with caregivers of children on the move, conducted in Peru, Chile, Bolivia, Argentina, and Uruguay between September and December 2024. Responding to the information gap that exists about this population in the region, the report presents findings on the risks that migrant children face en route and at destination, the protection mechanisms implemented by caregivers, the impacts of migration on children’s lives and well-being, and migrant children’s humanitarian needs. This document provides empirical evidence to inform decision makers and humanitarian actors

London/Denmark: Mixed Migration Centre, 2025. 30p.

ENSLAVED ARCHIVES: Slavery, Law, and the Production of the Past

By MARIA R. MONTALVO

Explores the relationship between the production of enslaved property and the production of the past in the antebellum United States.It is extraordinarily difficult for historians to reconstruct the lives of individual enslaved people. Records—where they exist—are often fragmentary, biased, or untrue. In Enslaved Archives, Maria R. Montalvo investigates the legal records, including contracts and court records, that American antebellum enslavers produced and preserved to illuminate enslavers' capitalistic motivations for shaping the histories of enslaved people. The documentary archive was not simply a by-product of the business of slavery, but also a necessary tool that enslavers used to exploit the people they enslaved. Building on Montalvo's analysis of more than 18,000 sets of court records, Enslaved Archives is a close study of what we can and cannot learn about enslaved individuals from the written record. By examining five lawsuits in Louisiana, Montalvo deconstructs enslavers' cases—the legal arguments and rhetorical strategies they used to produce information and shape perceptions of enslaved people. Commodifying enslaved people was not simply a matter of effectively exploiting their labor. Enslavers also needed to control information about those people. Enslavers' narratives—carefully manipulated, prone to omissions, and sometimes false—often survive as the only account of an enslaved individual's life. In working to historicize the people at the center of enslavers' manipulations, Montalvo outlines the possibilities and limits of the archive, providing a glimpse of the historical and contemporary consequences of commodification. Enslaved Archives makes a significant intervention in the history of enslaved people, legal history, and the history of slavery and capitalism by adding a qualitative dimension to the analysis of how enslavers created and maintained power.

Baltimore, MD: Johns Hopkins University Press , 2024. 178p.

Narratives of Dependency: Textual Representations of Slavery, Captivity, and Other Forms of Strong Asymmetrical Dependencies

Edited by Elke Brüggen and Marion Gymnich

The 15 articles in this interdisciplinary volume examine facets of the history of asymmetrical dependencies via representations of dependency in a wide range of (factual and fictional) text types, including inscriptions from Egyptian tombs, biblical narratives, novels from antiquity, the Middle High German Rolandslied, Ottoman court records, travelogues, the American gift book The Liberty Bell, and oral narratives by Caribbean Hindu women.

Berlin; Boston: De Gruyter, 2024. 375p.

Slavery in the Cultural Imagination: Debates, Silences, and Dissent in the Neerlandophone Space

Edited by Marrigje Paijmans and Karwan Fatah-Black

With the rising tide of scholarly and societal interest in the history and legacy of colonialism and slavery, this collection offers a much-needed diachronic analysis of the cultural representations of the lives and afterlives of those subjected to slavery and indenture. It focuses on the history of the ‘neerlandophone’ space, defined as the complex linguistic space spanning former Dutch colonies. This collection gives a longue durée overview, with cases from the early modern period to the present day, revealing the deep roots of the colonial ‘cultural archive’. Scholars from a wide variety of disciplines demonstrate how attention to the layered and polyphonic qualities of narratives can reveal silent and disruptive voices in colonial discourse, as well as collective emotions and imaginations that have hitherto remained unrecorded in historical sources. They discuss different aesthetic, poetic, and storytelling practices, including literature, archival and legal documents, performance, architecture, photography, and philosophy, formed both in the metropolis and by enslaved and indentured peoples in the colonies.

Amsterdam: Amsterdam University Press, 2025. 374p.

Position of Roman Slaves: Social Realities and Legal Differences

Edited by Martin Schermaier

Slavery takes many forms. This was also true in Roman antiquity, even though modern scholarship on Roman slavery paints the picture of a very homogenous institution. This volume intends to correct that perception. In it, renowned legal historians analyse juristic writings to showcase the social differences among slaves reflected in these texts. In this way, the papers collected here convey an impression of the complexity of Roman slave law.

Berlin; Boston: De Gruyter, 2023. 319p.

Black Migrants and Black Lives Matter: Voices of Tension, Racism, Pan- Africanism, and Prospects for Collaboration

By Bill Ong Hing

In an often-reported story, when Ghanaian-born Kofi Annan was a foreign student in the United States, in the 1960s and early 1970s,1 he visited the American South and stopped into a white-owned barbershop to get a haircut. The white barber told him, “We don’t cut niggers’ hair,” whereupon Annan replied, “I am not a nigger, I am an African,” and the barber proceeded to provide a haircut. 2 The story is noteworthy because Annan later became the secretary general of the United Nations from 1997 to 2006 and won a Nobel Peace Prize.3 He served during a decade of turmoil and was admired by many for his “charismatic and measured approach,” while radiating an “aura of probity and authority.”4 Although decades old, this vignette is relevant to the main question that this article addresses: where do Black migrants view themselves in the racial justice movement in the United States? As we will see, some Black migrants choose to disassociate themselves from African Americans, and African Americans know that. Some white Americans favor Black migrants over African Americans, and African Americans know that as well. Most Black migrants have a sense of identity based on their ethnic background, while the identity for most African Americans has evolved from the evil history of slavery and discrimination in the United States. Those facts contribute to the challenge of incorporating Black migrants into the Black Lives Matter movement. In late September 2021, in a grossly dehumanizing manner, U.S. Border Patrol agents on horseback chased Haitian migrants back to the Mexico side of the Rio Grande River. Dramatic video and photos showed the agents slinging their horses’ long reins around the migrants and violently grabbing at least one man by the shirt.5 Significantly, Black Lives Matter (BLM) immediately joined the chorus of outrage condemning the Border Patrol’s “slave-catching” style “rooted in white supremacy.”6 With the Black Alliance for Just Immigration (BAJI) and other Black migrant-led social justice groups, BLM demanded that the Biden Administration “grant humanitarian parole to Black asylum-seekers” and to cease their expulsion.7 BLM reminded readers that “[w]hen we say #DefundThePolice, we mean all the police, including U.S. Customs and Border Protection (CBP).”8 The BLM interest in migration issues is not surprising to those who are familiar with the movement’s history. One of the three Black queer women who founded the movement was Opal Tometi, the executive director of BAJI.9 In a 2014 Black feminist manifesto titled “A Herstory of the #BlackLivesMatter Movement,” another co-founder, Alicia Garza, wrote: Black Lives Matter is a unique contribution that goes beyond extrajudicial killings of Black people by police and vigilantes. […] Black Lives Matter affirms the lives of Black queer and trans folks, disabled folks, Black-undocumented folks, folks with records, women and all Black lives along the gender spectrum. It centers those that have been marginalized within Black liberation movements.10 BLM’s concern and advocacy for Black migrants appears to be reciprocated. Data from the 2016 Collaborative Multiracial Post-Election Survey (CMPS) indicates that with the exception of Black natives, no other racial group expressed as high a level of support for BLM as that observed among Black migrants. While expressing their support for BLM, Black immigrants, like African Americans, look beyond their own experiences of police maltreatment and racial discrimination. That is, they focus less on whether they themselves have had such adverse experiences in the past and more on their concerns about the collective fate of Black people at the hands of police. The researchers concluded that this high degree of concern found among both Black groups, as well as its relative distinction from that found among non-Black groups, is what would be expected in the presence of Black racial solidarity. On closer review, however, the sympathy that African Americans may have for issues related to Black migrants and the affinity that Black migrants have for racial justice issues in the United States are unclear and face challenges. For example, some African Americans feel that their opportunities for advancement are threatened by Black migrants who exhibit an ““air of superiority.” And some Black migrants have expressed the desire to distance themselves from African Americans. In fact, even though the CMPS data revealed that support among Black migrants for BLM was higher than that from other racial groups, the Black migrant support represented less than a third of Black migrants.

Black migration to the United States has received increased attention in the last several years--from the Border Patrol assault of Haitians at the Rio Grande River to the double-barreled targeting of Black migrants through their victimization by racist local police and their disproportionate detention by Immigration and Customs Enforcement (ICE). I have previously written about Black migration to the United States, reporting on demographic numbers and the limited avenues for entry. More recently, I reviewed racist immigration enforcement efforts targeting Black migrants, calling on advocates and allies to devote more attention to the underrepresentation of Black migrants. In that vein, for several years, my students and I have partnered with the BAJI legal staff in case preparation.

In the wake of the murder of George Floyd and the strengthening of BLM, a question has surfaced over the level of involvement of Black migrants in the racial justice movement in the United States. That question is at the center of this article. Where do Black migrants see themselves vis a vis BLM? What are the factors that determine their involvement in the racial justice movement? How do African Americans regard Black migrants in the context of racial justice? What are the challenges to cohesion between these groups in the fight for racial justice? As this article reveals, the answers to these questions are complicated. Although there are commonalities, tension and misunderstanding between the groups are apparent. Black migrants are not monolithic, and their identities evolve in different ways in response to their experiences in the United States. Their numbers are growing: from 3.5 million in 2012 to 4.3 million in 2022--almost by 24 percent. Concepts of Pan-Africanism or Black unity are advanced by some advocates in the hopes of collaboration. These concepts register with some, but not all parties.

This article begins with a review of the literature, social media, and voices that address Black migrants and BLM, Black migrant identity, African American views toward Black migrants, and Black migrant views toward African Americans. Many of the voices are those collected by a team of researchers that worked with me. In the process, the article explores tensions, misunderstandings, opposing viewpoints, evolving viewpoints, and challenges to collaboration. The prospects of vibrant participation in the racial justice movement by Black migrants will be assessed along with the parallel prospect of Pan-African unification between the groups. A corresponding goal is to highlight the voices of Black migrants and African Americans on the issues of Black unity and racial justice collaboration.

The voices collected in this Article reveal the complexity to the answer of whether Black migrants can be expected to support the racial justice movement in the United States. In large part, the answer leans to the affirmative because of the broad perspective that some Black migrants have developed-- including Pan-Africanism, but especially because of the racism that they experience after arrival. However, reaching that position is not accomplished straightforwardly nor clearly for every Black migrant.

The revelations exposed in the review of tensions, misunderstandings, and social distance are a plea for better information and education for Black migrants, African Americans, and the rest of us, too. We need to know the backgrounds of the various Black migrants who have arrived and what pushed or pulled them here. Their backgrounds are likely to include standard migration stories of family, opportunity, and adventure, but also violence and poverty. We also need reminding of the social and economic challenges that have faced African Americans throughout the nation's racist history, plus an update on how those challenges continue today.

The experiences of Black migrants and African Americans are varied and distinct. They readily unite over things that they share, especially the threat of police and the criminal justice system. However, they very clearly recognize that the way they experience their Blackness, apart from the skin-deep implications of color, are not common. When colonialism is identified as the root of both slavery and the destabilization of African politics and economies, and thereby a root cause of the migration pathways of Black migrants and African Americans, there seems to be a deeper sense of solidarity across and within the groups.

22 HASTINGS RACE & POVERTY L.J. 129 (2025), 55p.

Loyalty Disarmament and the Undocumented

By Pratheepan Gulasekaram

Since the Supreme Court’s District of Columbia v. Heller decision in 2008, lower federal courts have wrestled with Second Amendment claims raised by categories of people excluded from gun possession. Among those cases, several have been brought by noncitizens challenging their prosecutions under 18 U.S.C. § 922(g)(5), the federal criminal ban on possession by unlawfully present noncitizens. In the post-Heller § 922(g)(5) cases, judges have opined on whether unlawfully present noncitizens were among “the people” who had the right to bear arms and whether the government regulation met the appropriate level of constitutional scrutiny. More recently, however, the Supreme Court abandoned the tiers of scrutiny approach. In New York State Rifle & Pistol Association v. Bruen in 2022, the Court prescribed a novel historyfocused inquiry in its stead. Since then, the federal government and several lower federal courts have sought to justify present-day gun restrictions by searching for historical antecedents created to address analogous public policy concerns in analogous ways. In conducting that historical inquiry for § 922(g)(5), several courts have conjured Revolutionary War–era statutes that disarmed Loyalists to the British Crown. This Piece explains why such an analogy is a poor fit, arguing that the respective statutes serve incommensurate purposes and operate in materially different ways. It concludes with the suggestion that continued reliance on Bruen’s methodology (and attendant analogies to Loyalist disarmament) portends diminished and precarious constitutional protections for noncitizens with regard to their self-protection and, more broadly, other fundamental constitutional guarantees.

125 Colum. L. Rev. F. 29 (2025), 21p.

Old Standards, New Challenges: Keys to Addressing Internet Disinformation in Inter-American Jurisprudence

By PAULA ROKO

On May 3, 2020, as part of World Press Freedom Day and just a few months into an unprecedented health emergency, the UN Secretary-General stated that disinformation had become the “second pandemic.” More recently, a resolution of the United Nations Human Rights Council described disinformation as “a threat to democracy.” In the Inter-American sphere, the Inter-American Commission on Human Rights (hereinafter, IACHR) highlighted that the region is at a turning point, characterized in large part by a widespread deterioration of public debate fueled by disinformation. Although there is currently no jurisprudence in the Inter-American system that directly analyzes disinformation on the Internet, it is possible to find some insights in contentious cases, advisory opinions, and substantive reports from the Inter-American Court of Human Rights (hereinafter, the Court) that shed light on the standards that should guide potential legal disputes on this issue. This document analyzes some of the various standards that the Inter-American Commission and the Court have developed when studying the application of Article 13 of the American Convention, which could be significant for analyzing disinformation in the region. It focuses on states’ international obligations, both to act and to refrain from action concerning disinformation, as derived from Inter-American jurisprudence. The document is based on the premise that any executive, legislative, or judicial state measure that attempts to address this issue must consider a protective view of the right to freedom of expression due to the predominant role this right plays in democratic societies. As noted by the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Irene Khan, “The right to freedom of opinion and expression is not part of the problem; it is the objective and the means for combating disinformation.” The paper will first provide the conceptual framework for disinformation. It will then analyze standards on the right to freedom of expression emerging from: (i) contentious cases of the Inter-American Court; (ii) advisory opinions of the Inter-American Court; (iii) substantive reports of the Inter-American Commission; and (iv) thematic reports of the Inter-American Commission, which, as soft law instruments, have provided the first legal reflections on the subject within the Inter-American human rights system. The development of the various standards and their application to disinformation will be organized thematically, for which eleven (11) relevant categories have been selected for study. The work also systematizes—as conclusions and recommendations—the main guidelines or directives the Inter-American human rights system provides for states in their approach to this issue.

CELE Research Paper No. 63, 42p.

The Not-Smuggling Problem: The Effects of The United States' Overbroad Definition of Migrant Smuggling on Migrant Families

By Valeria Martinez

By signing and ratifying the United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air, the United States promised to the international community and to its citizens that it would adhere to a legal criminal definition of migrant smuggling that protects migrant families by only targeting in its language the organized offenders that aim to benefit financially or materially. After it made this promise, the United States did not amend 8 U.S.C. § 1324 to conform fully with the protocol. Contrary to the demands of the protocol, the statute does not establish as an element of the base offense of migrant smuggling intent for financial or material benefit. Instead, a prosecutor can decide whether to charge as a migrant smuggler one family member who assists another in entering unlawfully to the United States. The repercussions of this overbroad understanding of migrant smuggling are felt most in the immigration context in which a mother entering unlawfully into the United States while holding her infant is barred from seeking legal admission to the United States. This Article analyzes the protocol and finds that the United States falls short of its promise. I argue for amending 8 U.S.C. § 1324 and I propose that the United States extend the protocol's targeted migrant smuggling definition to its immigration statutes.

Republished May 01, 2024, 35p.