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Posts in Justice
The Inquiring Mind

By Zechariah Chafee Jr.

Zechariah Chafee Jr.'s "The Inquiring Mind," published in 1928, stands as a seminal work in the discourse on civil liberties, particularly focusing on freedom of speech within the United States. He delves into the intricacies of freedom of speech providing a comprehensive exploration of the legal and philosophical foundations of free expression. The book emerged during a period marked by intense debates over civil liberties, especially in the aftermath of World War I and the accompanying "Red Scare." Chafee's work played a pivotal role in shaping modern First Amendment jurisprudence, influencing both legal scholars and judicial opinions. His defense of free speech contributed to a broader understanding of its essential role in a democratic society, challenging prevailing notions that favored repression over open discourse. The work is a cornerstone in the study of civil liberties, offering enduring insights into the complexities of freedom of speech. Its significance, rich content, and original perspectives continue to inform and challenge modern interpretations of free expression in democratic societies.

Main themes relevant to the modern era are::

  • Social Media and Free Speech: The role of platforms like Twitter, Facebook, and YouTube in shaping discourse, including issues of content moderation, algorithmic bias, and "cancel culture."

  • Misinformation and Fake News: The rise of deepfakes, conspiracy theories, and propaganda, and their impact on public perception and democracy.

  • Censorship vs. Safety: The balance between preventing harmful speech (hate speech, extremist content) and protecting the right to express controversial opinions.

  • Government and Corporate Influence: The role of states and tech companies in controlling or amplifying speech through regulations and policies.

  • AI and the Future of Expression: How AI-generated content, chatbots, and automated censorship tools impact free inquiry.

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Promise vs. Reality: Access to Justice for Refugees in Greece

By Vivi Paschalidou

The project titled “InteGRation: Tackling chronic challenges in the field of integration of refugees in Greece” was funded by the Oxford Policy Engagement Network (OPEN) at the University of Oxford and supported the partnership of the Border Criminologies research network with the Greek Council for Refugees. The present report is one of the outputs of the above project. In response to requests from refugee participants for information about state funded free legal aid in Greece, we created a new leaflet that provides practical information on the topic. It includes essential guidance on how to navigate the free legal aid system and a list of contact points for requesting aid at the courthouses in Athens and Thessaloniki. This leaflet has been distributed in the two major Greek cities’ Courts of Law in four languages: English, French, Arabic and Farsi. This builds on an ongoing collaboration between the two organisations. Together they have contributed to a number of key developments in the field of academic and policy inquiry into border control and immigration detention in Greece, including increasing public access to knowledge about immigration and creating a leaflet on access to rights in immigration detention. Greek Council for Refugees is a specialized Non-Governmental Organization that has been leading efforts to protect asylum and human rights in Greece since 1989. It provides free legal and social services to refugees and individuals from third countries who are entitled to international protection, with special emphasis on the most vulnerable cases, such as unaccompanied minors and victims of human trafficking. Border Criminologies is an international research network and website based at the Centre for Criminology at the University of Oxford, which showcases original research from a range of perspectives, supports advocacy work and creates practical resources to help those working in the migration field. This report examines a specific aspect of the integration of applicants and recipients of international protection in Greece: The effectiveness of their access to the Greek justice system. We undertook thirty interviews with respondents from fourteen countries. Our questions focused on the refugees’ experience with the Greek justice system, the difficulties they faced and their recommendations for its amelioration. We also interviewed members of two key stakeholders, namely the judiciary and legal professionals handling asylum and migration law.

Athens: Greek Council for Refugees, 2024. 40p.

Not Just an Afterthought: The Experience of Women in Immigration Detention

By Australian Human Rights Commission

In April and May 2024, the Commission visited the Broadmeadows Residential Precinct (BRP) and parts of the Melbourne Immigration Detention Centre (MIDC), the Villawood Immigration Detention Centre (VIDC), and the Perth Immigration Detention Centre (PIDC), all facilities where women are held. This Report documents the key observations arising from the Commission’s inspection of these facilities. Some of the issues that the Commission identifies are specific to individual facilities and others are systemic in nature. The Report finds that in an overwhelmingly male system, women in immigration detention are often an afterthought when it comes to detention infrastructure, the provision of programs and activities, equitable access to services and the delivery of staff training. Women’s experiences of detention differ substantially from men’s, not only because they are minorities, but because they have particular needs and vulnerabilities that are often unrecognised and unmet. For many of the women, the negative impacts of detention are compounded by histories of abuse and trauma and heightened risk of exposure to violence and sexual harassment. The Report finds that these impacts are exacerbated by the continued use of operational quarantine (separation from the main population without medical symptoms) and the probable separation from family supports owing to the limited accommodation available for women close to their families and the inadequacy of visiting facilities for those with children. The Report finds that women have fewer opportunities for meaningful self-development, and the programs and activities offered are often unresponsive to their needs or not age appropriate. Staff working in these facilities often have no specific training on the vulnerabilities and needs of women in their care, which can result in routine activities being undertaken insensitively or exposing women to further trauma. The Report emphasises concern about women being routinely exposed to the possibility of harassment and violence because many of the services that are available to them are located in male compounds or adjacent to them. In particular, the Report highlights concern about the co-location of men and women in the Broadmeadows Residential Precinct and, the safety of women at Villawood Immigration Detention Centre, who are housed next to a compound with registered sexual offenders. The recommendations made in this Report are designed to assist the Department to improve the situation for women in immigration detention, ensuring they are managed safely, while also protecting their human rights.

Sydney: Australian Human Rights Commission, 2024. 93p.

Locked in Transition: Mixed Movements in Somalia – Dangerous Locations, Smuggling Dynamics, and Access to Information and Assistance

By The Mixed Migration Centre

  Drawing on more than 1,000 surveys with refugees and migrants, this infographic examines their perceptions of dangerous locations, direct experiences of abuse and harsh conditions and their interactions with and perceptions of smugglers. Additionally, it explores the sources of information that refugees and migrants relied on before and during their journey, as well as their access to assistance.  

London/Denmark: Mixed Migration Centre, 2024. 6p.

Border Security, Asylum and Immigration Bill: Still a Tool for Exploitation

By Focus on Labour Exploitation (FLEX)

2025 marks the 10 year anniversary of the Modern Slavery Act. Since that time the gaps in the UK’s systems to prevent, identify and address exploitation, including trafficking and modern slavery, have been well evidenced.

The Border Security, Asylum and Immigration Bill misses a crucial opportunity to drive meaningful change to ensure that all victims of exploitation are protected, whatever their immigration status.

By failing to repeal key elements of the Nationality and Borders Act 2022 and the Illegal Migration Act 2023, this Bill does not address key drivers of exploitation. Instead, this Immigration Enforcement centred approach fails to provide meaningful opportunities for survivors to recover through security and decent work. This only plays into the hands of exploiters.

London: T (FLEX) , 2025. 6p

Scenarios of Fundamental Rights Violations at the Borders: Guidance for Border Guards on Dos and Don'ts

By European Border and Coast Guard Agency (Frontex)

The following scenarios are based mainly on Serious Incidents Reports received by the Frontex' Fundamental Rights Office, concerning violations that allegedly took place at border areas where the Agency is operating. All cases refer to situations where third country nationals are under the jurisdiction of the authorities of the host state participating in a joint activity. In 2022-23, the Fundamental Rights Office launched approximately 100 Serious Incident Reports related to fundamental rights, matching the scenarios outlined below. This indicates that they represent potential violations of a widespread nature. Outlined scenarios, regardless of the direct or indirect involvement of Frontex staff and/or assets, may negatively impact the Agency and have potential legal implications, including for the broader European Border and Coast Guard community and respective national authorities. Active involvement by participants in joint activities in practices presented below, such as collective expulsions, amounts to a violation of EU and international law as well as a breach of the Frontex Code of Conduct. To ensure Frontex' full compliance with fundamental rights, it is necessary that the Agency makes clear to all operational participants that practices and policies as the ones described below are in violation of EU and international law and may result in Frontex' disengagement, triggering of Article 46 of the European Border and Coast Guard Regulation, or other forms of administrative, financial and operational consequences. Frontex' Fundamental Rights Office recognises that similar cases often form part of broader systemic issues, identified through its monitoring. The Office is mandated to provide recommendations to the Agency, relevant also for national authorities. The following scenarios are complementary to these efforts and aim to provide basic guidance for officers deployed at the borders as well as other staff tasked with related duties. Seven different scenarios of fundamental rights violations are briefly presented. While presented scenarios have been developed on the basis of most frequently alleged violations, it is important to note that this is a non-exhaustive list. While this document includes basic references to violated rights, it is not intended to be a legal analysis. Outside of the official border crossing point. based on real-life Serious Incident Reports (SIR) Category 1, and includes a list of potentially violated rights. The last section of the document outlines "dos" and "don'ts" for border guards in case of witnessing or learning about similar cases in the performance of their duties.

Warsaw • Poland : European Border and Coast Guard Agency (Frontex), 2024 . 16p

Administrative Discretion in Criminal and Immigration Enforcement

By Bijal Shah

Just about all outcomes of the enforcement of law, whether beneficial or concerning, are to some extent the result of administrative discretion. In her insightful new article, Misdemeanor Declination: A Theory of Internal Separation of Powers, Professor Alexandra Natapoff expertly illustrates that this is as true in criminal administration as anywhere else. In particular, Natapoff identifies and evaluates an important moment of discretion in the administration of criminal law: a prosecutor’s decision whether to decline or file formal criminal charges after police have made an arrest. This invited response both appreciates Natapoff's enthusiasm for enhancing prosecutorial discretion in criminal administration and maintains a bit of skepticism regarding its efficacy. More specifically, it draws on the immigration context in order to explore the possibilities and hazards of internal administrative checks for constraining excessive policing in both the criminal and immigration environments. First, this response suggests that directives ensuring uniformity are important to ensuring high-quality prosecutorial discretion. Second, it argues that agency culture is an important player in the internal separation of powers that reduces prosecutors’ overarching potential to constrain law enforcement. Third, it observes that the declination decision can serve a gatekeeping function that limits desirable access to adjudication, particularly for communities with fewer resources and reduced participation in democratic process. Finally, this response notes the possibilities of institutional design and public oversight for improving law enforcement accountability.

Texas Law Review Online, Volume 103, 2024, Boston College Law School Legal Studies Research Paper No. 639, 15p.

Global Report on Trafficking in Persons 2024

By The United Nations Office on Drugs and Crime

The 2024 UNODC Global Report on Trafficking in Persons is the eighth of its kind mandated by the General Assembly through the 2010 United Nations Global Plan of Action to Combat Trafficking in Persons. This edition of the Global Report provides a snapshot of the trafficking patterns and flows at global, regional and national levels. It covers 156 countries and provides an overview of the response to the trafficking in persons by analysing trafficking cases detected between 2019 and 2023. A major focus of this edition of the Report is on trends of detections and convictions that show the changes compared to historical trends since UNODC started to collect data in 2003, and following the Covid-19 Pandemic.

The findings are further informed and enriched through the analysis of summaries of more than 1000 court cases adjudicated between 2012 and 2023, providing closer insights into the crime, its victims and perpetrators, and how trafficking in persons comes to the attention of authorities.

As with previous years, this edition of the Global Report on Trafficking in Persons presents a global picture of the trends, patterns and flows of trafficking (Chapter 1), alongside detailed regional analyses (Chapter 3). This edition of the Global Report presents a special chapter on Africa (Chapter 2) produced with the purpose of unveiling trafficking patterns and flows within the African continent. The chapter is based on unprecedented number of African countries covered for the Global Report.

This edition of the Report presents a new contribution from an early career and young academic researchers, as part of UNODC’s Generation 30 initiative, aimed at building new connections between the UN and academia, while expanding research opportunities for young people. The contributions featured in the report was submitted in response to a call for proposals issued on the UNODC website in 2023.

Vienna: UNODC, 2024. 176p.

Torrance County Detention Facility: Troubling Role in Detaining Haitian Migrants During the 2021 Del Rio Incident

By The American Immigration Council

The Torrance County Detention Facility (Torrance) is one of approximately 200 facilities across the United States where Immigration and Customs Enforcement (ICE) detains immigrants with pending removal proceedings. Located in the rural New Mexico desert, this detention facility holds a notorious reputation for its inhumane living conditions and for the speed at which individuals detained there go through their removal proceedings, often without adequate legal counsel. Despite these noted abuses, in September 2021, ICE placed over 100 Haitian migrants into Torrance while they awaited removal proceedings. For months thereafter, the media continued to report on a variety of obstacles Haitians endured in detention including inadequate access to legal counsel.

Due to the increase in complaints from individuals being held at Torrance, the American Immigration Council (The Council) sought to ascertain whether particular barriers to due process exist for Haitian nationals, as well as to investigate the overall treatment of Haitian nationals at Torrance. The request sought data related to individuals detained at Torrance from January 1, 2021, including arrest/apprehension information, immigration status, biographic information, detention history, and release information. ICE responded by providing data between January 1, 2021 and November 17, 2022, and this is what we found when we analyzed it:

ICE's Use of Racial Classifications Are Unreliable, Labeling Most Detained Individuals “White:” Individuals in detention at Torrance represented 54 different countries spanning five different continents. However, 86 percent of individuals detained at Torrance were categorized as racially “white.” The data suggests that ICE failed to systematically document the race of detained individuals.

Africans Had the Highest Lengths of Detention at Torrance: Because ICE’s race categorizations proved unreliable, researchers grouped detained individuals by continent to measure the impact geographic location has on detention lengths. The data showed that African migrants had the highest lengths of detention.

ICE Officers Continued to Populate Torrance Despite Multiple Warnings: During the reviewed time period, ICE had substantial warning signs that Torrance was not equipped to house detained migrants through failed inspections, COVID surges, staffing shortages, and even

government oversight agency reports recommending shutting the facility down. Despite these warning signs, the data showed that ICE continued to detain migrants at Torrance, putting them at risk.

Oversight Efforts Seemingly Reduced the Detained Population at Torrance—But Only Temporarily: The data shows that between August and November 2022, a period that included the suicide of Kesley Vial at Torrance and a government report calling for the closing of Torrance, the population of Torrance consistently decreased. However, in December 2022, ICE began repopulating the facility.

Washington, DC: The American Immigration Council, 2024. Published: October 24, 2024

The Transatlantic Slave Trade

EJI’s report documents the abduction, abuse, and enslavement of Africans for nearly five centuries.

Between 1501 and 1867, nearly 13 million African people were kidnapped, forced onto European and American ships, and trafficked across the Atlantic Ocean to the Americas, including the British, French, and Spanish colonies that would later comprise the United States.

Two million people died during the barbaric Middle Passage.

The global trafficking that separated millions of women, men, and children from their homes, families, and cultures destabilized African countries and left them vulnerable to conquest, colonization, and violence for centuries.

And in the Americas, a caste system based on race and color emerged in tandem with legal and political systems to codify white supremacy and enshrine enslavement as a permanent and hereditary status. That racial hierarchy continues to haunt our nation today.

The enslavement of human beings occupies a painful and tragic space in world history. Denying a person freedom, autonomy, and life represents the worst kind of abuse of human rights.

Many societies tolerated and condoned human slavery for centuries. But in the 15th century, an expanded and terrifying new era of enslavement emerged that has had a profound and devastating impact on human history.

The abduction, abuse, and enslavement of Africans by Europeans for nearly five centuries dramatically altered the global landscape and created a legacy of suffering and bigotry that can still be seen today.

After discovering lands that had been occupied by Indigenous people for centuries, European powers sent ships and armed militia to exploit these new lands for wealth and profit starting in the 1400s. In territories we now call “the Americas,” gold, sugar, tobacco, and extraordinary natural resources were viewed as opportunities to gain power and influence for Portugal, Spain, Great Britain, France, Italy, Germany, and Scandinavian nations.

Europeans first sought to enslave the Indigenous people who occupied these lands to create wealth for foreign powers, resulting in a catastrophic genocide. Disease, famine, and conflict killed millions of Native people within a relatively short period of time.

Determined to extract wealth from these distant lands, European powers sought labor from Africa, launching a tragic era of kidnapping, abduction, and trafficking that resulted in the enslavement of millions of African people.

Between 1501 and 1867, nearly 13 million African people were kidnapped, forced onto European and American ships, and trafficked across the Atlantic Ocean to be enslaved, abused, and forever separated from their homes, families, ancestors, and cultures.

The Transatlantic Slave Trade represents one of the most violent, traumatizing, and horrific eras in world history. Nearly two million people died during the barbaric Middle Passage across the ocean. The African continent was left destabilized and vulnerable to conquest and violence for centuries. The Americas became a place where race and color created a caste system defined by inequality and abuse.

In the “colonies” that became the United States, slavery took on uniquely appalling features. From New England to Texas, Black people were dehumanized and abused while they were enslaved and denied basic freedoms. Legal and political systems were created to codify racial hierarchy and ensure white supremacy. Slavery became permanent and hereditary, defined by race-based ideologies that insisted on racial subordination of Black people for decades after the formal abolition of slavery.

Millions of Black people born in the U.S. were subjected to abuse, violence, and forced labor despite the young nation’s identity as a constitutional democracy founded on the belief that “all men are created equal.” Racialized slavery was ignored, defended, or accommodated by leaders while the new nation gained extraordinary wealth and influence in the global economy based on the forced labor of enslaved Black people.

The economic legacy of the Transatlantic Slave Trade—including generational wealth and the founding of industries that continue to thrive today—is not well understood.

Montgomery, AL: Equal Justice Initiative, 2023. 150p.

Birth Justice: From Obstetric Violence to Abolitionist Care

By Rodante van der Waal

Reproductive injustice is an urgent global problem. We are faced with the increased criminalization of abortion, higher maternal and neonatal mortality rates for people of color, and

more and more research addressing the structural nature of obstetric violence. In this collection of essays, the cause of reproductive injustice is understood as the institutionalized isolation of (potentially) pregnant people, making them vulnerable for bio- and necropolitical disciplination and control. The central thesis of this book is that reproductive justice must be achieved through a radical reappropriation of relationality in reproductive care to safeguard the access to knowledge and care needed for safe bodily self-determination. Through empirical research as well as decolonial, feminist, midwifery, and Black theory, reproductive justice is reimagined as abolitionist care, grounded in the abolition of authoritative obstetric institutions, state control of reproduction, and restrictive abortion laws in favor of community practices that are truly relational.

Amsterdam: Amsterdam University Press, 2025. 496p.

Qarchak Prison: Hell for Women and Children

By Iran Human Rights

Qarchak Prison in Varamin (Tehran province) has become one of the darkest symbols of systematic human rights violations in the Islamic Republic of Iran. Originally designed as a poultry farm, the facility has been transformed into an inhumane detention centre for women prisoners, including political prisoners. The conditions in this prison not only violate international principles such as the Bangkok Rules1 and the Nelson Mandela Rules but also disregard the most basic principles of human dignity. At Qarchak, women are confined in extremely cramped spaces with inadequate ventilation and lighting. They endure unsanitary drinking water, poor-quality food, lack of adequate healthcare services, and degrading, gender-based treatment as part of their daily suffering. Qarchak is not only a prison filled with violence and abuse but also, due to severe overcrowding and lack of basic facilities, many prisoners are deprived even of sleeping space, forced to sleep on the floor. The prison is also a glaring symbol of violations against women and mothers. Mothers whose children stay with them in this hazardous and polluted environment until the age of two when they are taken into state care. Often, these mothers have no means to find out about their children’s fate. Undocumented children born in this prison are caught in a cycle of deprivation and injustice from the moment they are born. IHRNGO Director, Mahmood Amiry-Moghaddam stated: “Qarchak Prison is a symbol of the blatant denial of humanity and human dignity. The continued operation of such facilities is a stain on the conscience of the world. Today, more than ever, we must call on the international community not to remain silent in the face of such widespread human rights violations.” By publishing this report, IHRNGO reiterates its demand for the immediate closure of Qarchak Prison and the transfer of all prisoners to facilities that meet minimum international standards. The existence of such places, especially in the 21st century, is a stark reminder that justice and human dignity are still sacrificed in many parts of the world. We call on the international community, human rights organisations, and all conscientious individuals to take action to close down Qarchak Prison. This should not merely be seen as a domestic issue; it is a test for the international community to unite in defending human dignity and rights. The closure of Qarchak Prison is a necessary step toward securing prisoners’ rights and a symbol of global commitment to justice and humanity.

Iran Human Rights (IHRNGO) , 2024. 18p.

Arévalo, One Year On: Is Guatemala’s President Losing the Fight Against Corruption?

By Alex Papadovassilakis, et al.

One year ago, in the early hours of January 15, 2024, Bernardo Arévalo was sworn in as president of Guatemala. His inauguration marked the culmination of a historic upset, in which Arévalo – a rank outsider campaigning on a promise to root out high-level graft – bested a series of candidates linked to elite corruption networks attempting to tighten their grip on the state. Arévalo and his party, the Seed Movement (Movimiento Semilla), then survived a wave of legal attacks that sought to prevent the president-elect from even taking office. Having accomplished his improbable rise to the presidency, Arévalo has spent his first year in power pursuing the paradoxical task of advancing an anti-corruption agenda in a country where corruption is the norm. Guatemala’s institutions have long been infiltrated by corrupt actors seeking to plunder state funds for personal gain and further illicit schemes, while the justice system has long responded to the interests of elites seeking to shield themselves from prosecution for these transgressions. Arévalo took on this mission with only limited tools at his disposal. The president inherited a compromised set of ministries and executive agencies, responsible for administering billions of dollars in public funds. His inexperienced party, Semilla, founded in July 2017 and thrust into power for the first time, remains a minority force in a Congress dominated by old guard lawmakers. And the administration is reckoning with a hollowed-out justice system that has shown far more interest in persecuting Arévalo and Semilla than investigating high level corruption and organized crime. Faced with these restraints, the Arévalo administration has neither been able to develop a coherent plan for tackling corruption nor succeed in enacting tangible anti-graft reforms. The government has also dedicated valuable time and resources to repelling controversial legal attacks from prosecutors linked to the elite networks that oppose Arévalo’s reformist platform. Within this highly unstable environment, InSight Crime embarked on an investigation aimed at evaluating the main roadblocks to implementing an anti-corruption agenda in the current political climate in Guatemala. We have focused on resistance presented by corruption networks embedded in key branches of the state.

Insight Crime, 2025. 7p,

The Feminist Legislation Project: Rewriting Laws for Gender-Based Justice

Edited by Becky Batagol, Kate Seear, Heli Askola and Jamie Walvisch

In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women). The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims. Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations. This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.

London; New York: Routledge, 2025. 392p.

Smart Urban Safety and Security: Interdisciplinary Perspectives

Edited by Anniina Autero, Marcela de Moraes Batista Simão, Ilari Karppi

This open access book explores the use of technologies for urban safety and security. Rather than focusing on the technologies themselves, it provides and in-depth analysis of the complex urban transformations linked to the increasing integration of technical systems in the built environment. Interdisciplinary contributions explain how technologies can improve urban safety, whilst offering a broader discussion relative to urban, socio-economic and political factors. Against simplistic techno-solutionist ideas, the authors illustrate the role of technology as means to an end and show how technologies can widen our understanding of safety and security. Readers are introduced to issues relative to the practical implementation, development, and testing of urban technologies via numerous case studies from cities around the world.

Singapore: Palgrave Macmillan, 2025. 317p.

Criminalization of Homelessness in the Caribbean

By

The Global Campaign to Decriminalise Poverty and Status

Throughout the globe, governments use petty offenses, such as vagrancy and loitering laws, to exert social control over poor and marginalized communities. Moreover, people experiencing homelessness regularly face the threat of criminal sanctions for fulfilling basic needs. These petty offenses enable the policing of public spaces to reinforce social hierarchies and rigid gender norms. Many of these laws are in place in the Caribbean, inherited as part of the colonial legacy that permeates its systems today.

This report provides a baseline assessment of the criminalization of homelessness in the Dominican

Republic, Jamaica, and Puerto Rico. The analysis thus focuses on three Caribbean localities with diverse

histories connected to Spain, the United Kingdom, and the United States (U.S.). The report addresses both laws criminalizing vagrancy and loitering, as well as life-sustaining activities. It further examines the laws on the books, their implementation in practice, and their various impacts on people in each country.

Miami: Human Rights Clinic, University of Miami School of Law, 2024. 60p.

Forced Labor in Global Supply Chains: Trade Enforcement Impacts and Opportunities

By Victoria A. Greenfield, Tobias Sytsma, Amanda Kerrigan, Maya Buen

Forced labor—work performed involuntarily and under menace of penalty—occurs globally, with reports of abuses in all countries. About 28 million people—one in every 300 people worldwide—work against their will, bound through physical violence, threats, debt bondage, and other exploitative means. The United States has long imposed prohibitions on imports of goods made with forced labor—notably, under the Tariff Act of 1930 and the Uyghur Forced Labor Prevention Act of 2021 (UFLPA). The UFLPA targets China's extensive use of forced labor as a state-sponsored, coercive policy tool in the Xinjiang Uyghur Autonomous Region (XUAR), by barring U.S. imports of goods made in the XUAR or sourced from entities connected to it. Still, such goods flow through global supply chains. In 2021, the United States accounted for over one-fifth of the world's imports of goods that were at risk of being made with forced labor.The U.S. Department of Homeland Security (DHS), which leads trade enforcement under these laws, requested an analysis of trade enforcement and its impact. Researchers set out to (1) assist DHS in developing analytical capabilities for assessing the impact of its efforts to combat forced labor through trade enforcement and (2) evaluate the impact that DHS's actions and investments have had on meeting the goals of eliminating U.S. imports of goods made with forced labor and eliminating the use of forced labor globally. This report outlines the

researchers' methods for evaluating DHS's impact and presents findings on efforts and recommendations for strengthening enforcement.

Key Findings

DHS's impact in trade enforcement depends on stakeholders.

Trade enforcement is making measurable progress, but stakeholders are encountering impediments that DHS cannot address entirely on its own. U.S. businesses—and consumers—remain exposed to goods made with forced labor through indirect supply chain linkages with limited visibility.

Trade enforcement still holds value even if it, alone, cannot change China's policy on forced labor in the XUAR. Economic sanctions face inherent obstacles, but trade enforcement can help limit U.S. imports of goods made with forced labor, prevent U.S. complicity in other countries' labor abuses, and send a strong policy signal.

Trade enforcement comes with costs that can undermine its aims. U.S. businesses can incur costs from tracing supply chains, switching suppliers, and mitigating commercial disruptions; the environment could experience related harms; and China could retaliate and obfuscate.

DHS can track trade enforcement progress and unintended consequences, but it might be unable to know whether it is meeting its ultimate aims. Capturing broad effects on U.S. businesses, workers, and consumers; the environment; and global working conditions might be harder than capturing those on immediate goals for enforcement efforts.

DHS needs enough of the right resources and information to do its job, but stakeholders have suggested that it does not have them. Concerns about staffing included hiring, skills, burnout, and retention.

DHS and its stakeholders would benefit from more and higher-quality information. Better visibility into global working conditions, supply chain composition, the content of goods, and enforcement processes could strengthen trade enforcement.

Recommendations

Look for opportunities to encourage robust stakeholder participation by improving the flow and quality of information through greater transparency and improvements in tools, technology, and methods of data analysis.

Consider a more comprehensive approach to combating forced labor in global supply chains by working with other U.S. agencies and other countries to better leverage potential complementarities of economic sanctions and other types of measures.

Consider options for mitigating unintended consequences in concert with other U.S. agencies and with input from nongovernmental stakeholders, either by reducing them or responding to them, depending on their severity and likely prevalence.

Work with other U.S. agencies to monitor indicators of progress and unintended consequences over time to better understand how conditions are evolving.

Develop evidence with stakeholders to inform public debates on trade enforcement, including those on concerns about de minimis entries and environmental initiatives.

Continue to make the case for funding and staffing, which are critical resources for trade enforcement and are likely to need to increase.

Santa Monica, CA: RAND, 2025. 196p.

"Canada Has Destroyed Me": Labour Exploitation of Migrant Workers in Canada

By Amnesty International
Tens of thousands of migrant workers travel every year to Canada in the hope of providing a better life for their families. They are promised labour opportunities and working conditions that very often they cannot enjoy in their countries of origin. Yet, many find a different reality upon arrival. This report investigates the human rights impact of Canada’s Temporary Foreign Worker Program (TFWP), a temporary migration scheme that allows employers to hire migrant workers, primarily in low-pay occupations.

London: Amnesty International, 2025. 71p.

An Evaluation of the Safe Harbor Initiative in Minnesota – Phase 4 Supplemental Materials

By Wilder Research

In the decade since Safe Harbor became Minnesota law, the state has built an extensive network in response to the sexual exploitation of youth, and more recently human trafficking, both sex and labor. The network spans from state and local government to Tribal Nations and community-based nonprofit programs. Founded on a public health approach within the Minnesota Department of Health (MDH) in recognition of the significant health and social impacts created by exploitation and trafficking on populations, Safe Harbor also partners extensively with entities in public safety, human services, and human rights, including the Minnesota Department of Human Services (DHS), the Minnesota Department of Public Safety (DPS) and the Minnesota Coalition Against Sexual Assault (MNCASA) to offer a comprehensive multidisciplinary response. State law requires the Safe Harbor Director, based in MDH, to submit a biennial evaluation of the program to the Commissioner of Health under Minnesota Statute Section 145.4718. The purpose of the evaluation is to ensure Safe Harbor is reaching its intended participants, increasing identification of sexually exploited youth, coordinating across disciplines including law enforcement and child welfare, providing access to services, including housing, ensuring the quality of services, and utilizing penalty funds to support services. The Safe Harbor law passed in 2011 and after a three-year planning period called No Wrong Door, the Safe Harbor system was fully enacted in 2014. In the years since, Safe Harbor has submitted three evaluation reports to the legislature, beginning in 2015. Each evaluation was conducted by Wilder Research at the Amherst H. Wilder Foundation (Wilder) under a competitive contract with MDH. The evaluation process is an opportunity to hear and learn from trafficked and exploited youth as well as participants from a variety of disciplines who respond to the needs of these youth on a daily basis. For the current Phase 4 report, MDH contracted with Wilder again while MDH’s Safe Harbor Program produced accompanying evaluation materials. As a result, this Phase 4 Safe Harbor evaluation draws from complementary background reports that are combined to represent a variety of perspectives from both outside and within the Safe Harbor network. These resources not only evaluate Safe Harbor’s activities, but also address these activities in the context of significant current events including the global COVID-19 pandemic and the civil rights movement in Minnesota, as well as around the nation and world, in the wake of George Floyd’s murder. The supplemental evaluation materials, containing expanded findings, data, and appendix are contained in this document. All findings focus on the Safe Harbor network and activities between April 1, 2019, and June 30, 2021. The Wilder data collection and analysis took place between January 1, 2021, and June 30, 2021. The MDH data collection and analysis took place between September 1, 2020, and August 1, 2021. Between January 2021 and June 2021, Wilder interviewed grantees, multidisciplinary partners, and youth clients, and also surveyed youth clients to evaluate Safe Harbor. Wilder submitted its report including several findings and recommendations to MDH. Wilder found evidence for outcomes related to multidisciplinary partnership and access to services, including culturally specific services; the factors contributing to Safe Harbor’s impact; gaps and challenges; opportunities for improvement; and the pandemic’s impact on service provision. MDH analyzed the provision of the statewide Safe Harbor Regional Navigator component and the reach of the Safe Harbor Network to identify and serve youth, as well as availability, accessibility, and equity of Safe Harbor supportive services and shelter and housing, in addition to training for providers. MDH then submitted a Phase 4 evaluation report to the legislature including combined findings, recommendations, and conclusions. Summary recommendations are listed here, but included with further detail in the legislative report and within the supplemental evaluation materials included in this document: Recommended actions: ▪ Increase stakeholder ability to identify youth. ▪ Expand protections and services regardless of age and remain flexible in identifying service needs. ▪ Increase and improve access to services, especially for youth from marginalized cultures and greater Minnesota. ▪ Support more diverse and consistent staffing. ▪ Increase amount and cultural appropriateness of technical assistance, education, and training provided. ▪ Increase prevention efforts (by decreasing demand and identifying risk factors). ▪ Support improvement of more continuous, comprehensive, and robust outcome and process evaluation as well as inferential research. ▪ De-silo the response to sex and labor trafficking. ▪ Increase youth voice and opportunities within Safe Harbor. ▪ Heal organizational trauma to better help organizations, staff, and clients. ▪ Improve equity by conducting a cultural needs assessment with several cultural groups as well as strategically directing allocations of funds and resources to culturally specific groups. ▪ Strengthen relationships within the public health approach. ▪ Further promote government agency collaboration.

St. Paul, MN : Minnesota Department of Health, Safe Harbor, Violence Prevention Unit, Health Promotion and Chronic Disease Division 2021. 130p.

Assessment Report Task 5.1.6: Assess Efforts of Governments, Industry, and Workers’ Organizations to Address Child Labor and Forced Labor in the Cocoa Sector in Brazil, Ecuador, and Indonesia

By Rafael Muñoz Sevilla , Bladimir Chicaiza. et al.

The U.S. Department of Labor’s Bureau of International Labor Affairs (USDOL-ILAB) has contracted with the American Institutes for Research® (AIR®) to assess the current landscape of efforts to address child and forced labor in the cocoa supply chains in Ecuador, Brazil, and Indonesia. The main research questions focused on (a) the identification of efforts of governments, industry, and civil society organizations, including international organizations, nongovernmental organizations, and workers’ organizations, to address child and forced labor in the cocoa sectors; (b) identification of the challenges encountered in these efforts; (c) review of situations that could potentially increase child and forced labor in the cocoa supply chain; and (d) identification of indications that these child labor and forced labor situations exist in the cocoa sector in these countries. The research methodology employed a comprehensive approach involving desk research, stakeholder interviews, and mixed-methods data analysis. The research team conducted a thorough review of more than 70 documents and websites, encompassing a wide range of sources. The team conducted interviews with 46 stakeholders, representing a total of 35 institutions and companies across the three countries. The research team adopted a mixedmethods data analysis approach, combining both primary qualitative data from stakeholder interviews and secondary data from document review. The research team adopted two conceptual frameworks to guide each country case’s analysis and triangulation between secondary data from document review and information gathered from key informants. The use of conceptual frameworks allows for comparability across the case studies, while recognizing and capturing the unique contexts and challenges of child and/or forced labor in cocoa in each country landscape. This study uses the structure of the (1) Cocoa Production Stages Framework, 1 to review phases of cocoa production in the supply chain in each country for relevant child labor and forced labor risks, as well as the (2) Systems Framework of Key Dimensions to Reduce Child and/or Forced Labor, 2 to assess the current efforts by actors in that country to make progress on child labor and forced labor reduction in cocoa. Qualitative data from interviews and the desk research were systematically analyzed to respond to the research questions and identify patterns, themes, and variations within these frameworks.

Arlington, VA: American Institutes for Research | 2024. 162p.