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HUMAN RIGHTS

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Posts tagged human rights
The impact of disinformation on democratic processes and human rights in the world

By Carme COLOMINA, Héctor SÁNCHEZ MARGALEF, Richard YOUNGS

Around the world, disinformation is spreading and becoming a more complex phenomenon based on emerging techniques of deception. Disinformation undermines human rights and many elements of good quality democracy; but counter-disinformation measures can also have a prejudicial impact on human rights and democracy. COVID-19 compounds both these dynamics and has unleashed more intense waves of disinformation, allied to human rights and democracy setbacks. Effective responses to disinformation are needed at multiple levels, including formal laws and regulations, corporate measures and civil society action. While the EU has begun to tackle disinformation in its external actions, it has scope to place greater stress on the human rights dimension of this challenge. In doing so, the EU can draw upon best practice examples from around the world that tackle disinformation through a human rights lens. This study proposes steps the EU can take to build counter-disinformation more seamlessly into its global human rights and democracy policies.

Brussels: European Parliament, Policy Department for External Relations Directorate General for External Policies of the Union, 2021. 84p.

Encampments and Legal Obligations: Evolving Rights and Relationships

By Alexandra Flynn, Estair van Wagner, Heidi Kiiwetinepinesiik Stark

Encampments are a vivid illustration of the failure of governments in Canada to meet their human rights obligations to ensure everyone has access to adequate housing. The 2020-2022 point-in-time count showed a 20% increase in homelessness overall and an 88% increase in unsheltered homelessness from 2018. The right to housing is inherently linked with the fulfillment of other human rights and with basic human dignity. Thus, where the right to housing is violated, other human rights are often violated. Advocacy for the human rights of encampment residents then necessarily implicates a wider set of human rights. Legal advocacy is therefore a necessary part of a broader movement to realize human rights for all people. Canadian jurisprudence has centered on the right to life, liberty and security of the person protected by section 7 of the Charter of Rights and Freedoms, interpreted as freedom from government actions such as encampment removals. However, the rights involved draw from other sources of laws, including Indigenous and international legal frameworks. In this report we focus on the existing case law and legal strategies. Our objective is to identify arguments used to date, as well as opportunities for future legal advocacy on the issue of encampments.

Given the context of colonial dispossession and the vast overrepresentation of Indigenous Peoples in the unhoused population we highlight the relationship between the right to housing and Indigenous rights, both from a colonial Canadian legal perspective and from an Indigenous legal perspective. While we point to opportunities to engage with legal tools within the Canadian colonial legal system where they may be strategic and useful, we acknowledge the limitations of these tools. Therefore, we also highlight opportunities to connect advocacy about encampments with Indigenous legal orders and jurisdiction, including work being done by groups engaged in or considering litigation or advocacy on encampments. While there is limited research on the role of Indigenous law in encampments at present, in our view, this is an urgent area of advocacy to find long-term, sustainable, and human rights-compliant solutions to homelessness.

This report starts from the recognition that encampment residents are rights-bearers and must be centered in discussions on how to move forward. While it does not include testimony from those with lived experience it is informed by the long history of advocacy inside and outside of courtrooms by people unhoused people themselves and in partnership. This is critical in the context of encampments: when unhoused people claim public or private space to meet their basic needs it is essential that we acknowledge and respect their dignity and agency. Encampment residents are experts in their own lives. As we explain, meaningful engagement is the foundation of any human rights-based response. This includes respecting the structures of decision making that emerge in encampments, the trusted advocacy relationships developed with those around them, and principles of fairness that guarantee particular rights.

This report has been drafted to help inform legal practitioners and advocates about the state of jurisprudence in Canada relevant to homeless encampments. It highlights some of the limitations of jurisprudence to date and points to opportunities for future legal advocacy, highlighting the need to integrate Indigenous legal traditions.

Part One provides a background on the meaning of a human rights approach and the regulation of encampments in Canada.

First, we detail the connections between the right to housing and encampments in the Canadian context. We define what we mean by adequate housing, where the progressive realization of the right to housing comes from under Canadian and Indigenous legal frameworks, and provide a three-part framework for considering the right to adequate housing.

Second, we outline the current system of regulation of encampments in Canada. We explore the regulation of encampments based on international and domestic laws, highlighting that jurisdictionally fractured set of rules each seek to govern encampment residents, exacerbating their vulnerability. In this section, we distinguish between constitutional protections, legislation and bylaws that protect encampment residents, and those that seek to displace them.

Part Two sets out advocacy and litigation strategies in relation to encampments.

Third, we outline advocacy efforts in relation to encampments. In this section we explain the many ways in which advocates are seeking change in local policy-making, law reform, and enforcement. These efforts may - but do not always - rely on court decisions, and legal challenges are but one tactic used to advance the interests of encampment residents.

Next, we set out the case law concerning encampments, explaining the different approaches that have been taken since the seminal case, Adams v Victoria, was decided in 2009 setting out the current framework used by the courts. We explain court decisions in relation to injunction applications mainly brought by municipalities, Charter arguments, judicial review applications, shelter standards, public private property distinctions, and challenging enforcement. These cases were all decided between Adams and 2022.

We conclude by summarizing the legal framework related to encampments, with the gaps and opportunities for realizing a right to housing for those experiencing the most profound violation of that right, homelessness.

Ottawa: Office of the Federal Housing Advocate, Canadian Human Rights Commission, 2024. 56p.

The prevention of Adult Exploitation and Trafficking: A Synthesis of Research Commissioned by the Modern Slavery and Human Rights Policy and Evidence Centre (PEC)

By Elizabeth Such and Habiba Aminu

This report, titled “The prevention of Adult Exploitation and Trafficking: A Synthesis of Research Commissioned by the Modern Slavery and Human Rights Policy and Evidence Centre (PEC)”, offers a comprehensive synthesis of studies commissioned by the Centre on adult exploitation and trafficking, identifying the profile of prevention in its research, the characteristics of studies, the themes of prevention-relevant research and the gaps in the evidence base.

The synthesis draws on research conducted between 2020 and 2024, organised into a public health model with prevention strategies at multiple stages: primary (before harm occurs), secondary (early intervention), and tertiary (after harm occurs) and preventing re-trafficking). This framework, known as the BETR continuum, serves as a guiding structure for categorising research findings and gaps across various studies in the PEC portfolio. The report emphasises the need for a multi-agency, system-level approach and highlights areas where prevention is under-researched, notably in primary and secondary prevention and systemic responses to prevent re-trafficking.

Nottingham, UK: Modern Slavery and Human Rights Policy and Evidence Centre, 2024. 32p.

‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing

The Australian Human Rights Commission

The treatment of children in the criminal justice system, some as young as 10 years old, is one of the most urgent human rights issues facing Australia today. Numerous inquiries and reviews, including Royal Commissions, as well as UN Committees, have highlighted serious breaches of rights and systemic problems with our child justice and related systems over many years. However, Australia continually fails to implement evidence-based reforms to our child justice systems which would reduce offending behaviour and make our communities safer. This report investigates opportunities for reform of child justice and related systems across Australia, based on evidence and the protection of human rights. It is the result of a project undertaken by the National Children’s Commissioner (NCC) in 2023–24. The project included a submissions process, consultations with children and young people, families, community members, and interviews and roundtables with government and non government stakeholders across Australia.

Canberra: The Australian Human Rights Commission, 2024. 195p.

The Tensions between Culture and Human Rights: Emancipatory Social Work and Afrocentricity in a Global World

Edited by Vishanthie Sewpaul, Linda Kreitzer, and Tanusha Raniga   

Cultural practices have the potential to cause human suffering. The Tensions between Culture and Human Rights critically interrogates the relationship between culture and human rights across Africa and offers strategies for pedagogy and practice that social workers and educators may use. Drawing on Afrocentricity and emancipatory social work as antidotes to colonial power and dehumanization, this collection challenges cultural practices that violate human rights, and the dichotomous and taken-for-granted assumptions in the cultural representations between the West and the Rest of the world. Engaging critically with cultural traditions while affirming Indigenous knowledge and practices, it is unafraid to deal frankly with uncomfortable truths. Each chapter explores a specific aspect of African cultural norms and practices and their impacts on human rights and human dignity, paying special attention to the intersections of politics, economics, race, class, gender, and cultural expression. Going beyond analysis, this collection offers a range of practical approaches to understanding and intervention rooted in emancipatory social work. It offers a pathway to develop critical reflexivity and to reframe epistemologies for education and practice. This is essential reading not only for students and practitioners of social work, but for anyone seeking a deeper understanding of African cultures and practices.

Calgary: University of Calgary Press, 2021. 323p.

International Migration and the Law: Legal Approaches to a Global Challenge  

Edited by Angela Di Stasi, Ida Caracciolo, Giovanni Cellamare, Pietro Gargiulo

This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the rights of migrants, with the aim of assessing the state of the art, identifying the gaps, and formulating possible remedies. The work of some international organizations such as the UN and its specialized agencies and the European Union is investigated, together with a set of regional practices such as those of Latin America and South-East Asia, and countries, such as Mexico, Georgia, Tunisia, Italy, and the United States. The issues of the fundamental rights of migrants in the European legal order are also addressed, including the emerging scenarios related to recent crises like the one generated by the war in Ukraine. This timely collection will be essential reading for academics, researchers, and policy-makers working in the areas of Migration Law, Asylum and Refugee Law, International Law, International Organizations, EU Law, International Human Rights Law, International Humanitarian Law, Comparative Law and Socio-Legal Studies.

London; New York: Routledge, 2025. 705p.

Inside the Black Hole: SYSTEMIC HUMAN RIGHTS ABUSES AGAINST IMMIGRANTS DETAINED & DISAPPEARED IN LOUISIANA

By Sarah Decker and Anthony Enrique, et al.

“When they took us from the border, we were shackled, head to toe. Then they told us we were going to Louisiana. We all started shaking with fear. We knew we were about to lose our freedom, our rights, even our humanity. We knew we were going to the Black Hole.”

The United States maintains the world’s largest immigrant incarceration regime, imprisoning an average of over 35,000 people a day undergoing administrative proceedings to determine if they will be deported.2 Over 6,000 of those people, a mix of recently-arrived asylum seekers and long-term U.S. residents, are detained in Louisiana, the second-largest state for immigrant detention behind Texas.3 The explosion of immigrant incarceration in Louisiana occurred in the late 2010s and largely benefitted private prison companies, which run eight of the nine immigration jails in the state, profiting off of the abuses described in this report.4

This report documents systemic human rights abuses carried out by or under the supervision of the New Orleans Immigration and Customs Enforcement Field Office (“NOLA ICE”), the federal office that oversees immigration detention in Louisiana. NOLA ICE contracts with two private prison companies and a local sheriff’s office to operate Louisiana’s nine immigration jails.5 Inside those jails, officials rampantly violate detained peoples’ human and civil rights, locking them away in punitive conditions indistinguishable from those in criminal jails and prisons, in some cases for prolonged periods lasting years.6 In some instances, the abuses that detained people describe firsthand in this report meet the definitions of torture or cruel, inhuman, or degrading treatment under international human rights treaties to which the United States is a party.7

The information contained in this report comes from two years of visits to nine immigration jails in Louisiana beginning in April 2022, all told comprising interviews with 6,384 people from 59 jail visits and information from seven jail tours conducted by NOLA ICE officials. During these visits, attorneys and legal workers gave Know Your Rights presentations and conducted legal interviews with detained people. Their testimony reveals that NOLA ICE officials routinely violate ICE’s own minimum standards of care and state, federal, and international law and legal standards. Abuses inflicted include:

  • DENIAL OF LANGUAGE ACCESS: including interpretation and translation access, resulting in language-related denials of medical and mental health care; due process in preparation of legal materials; and protection against abusive treatment and coercion.

  • DEPRIVATION OF HUMAN NECESSITIES: including minimally nutritious food and potable drinking water; sanitary conditions of confinement; access to basic hygiene supplies; protection from extreme temperatures; and access to sunlight and outdoor time.

  • ABUSIVE & DISCRIMINATORY TREATMENT: including physical abuse; sexual abuse; torturous solitary confinement; humiliating and degrading speech; and retaliation against and suppression of speech and religious worship protected by the First Amendment.

  • MEDICAL ABUSE & NEGLECT: including denial of medical care for chronic, urgent, and emergency conditions; provision of ineffective or non-responsive care for serious health conditions; denial of the right to informed consent to treatment; disruption of ongoing care due to sudden transfers in custody; denial of dental care; denial of reproductive health care; mental health neglect; medical neglect of people with disabilities; and fatal deficiencies in medical care.

Taken together, the abuses inflicted by NOLA ICE officials deprive detained people of due process in their immigration proceedings. In NOLA ICE detention, officials isolate people with viable defenses to deportation from the legal and language resources needed to fairly present their claims. And they use abusive treatment in punitive conditions to coerce people into renouncing those claims and accepting deportation to escape the misery of detention.

The record of documented abuses in NOLA ICE jails predating this report is so extensive that in December 2021, the Department of Homeland Security’s oversight agency, the Office for Civil Rights and Civil Liberties, opened an investigation into the entire network of NOLA ICE jails, the first-ever field-office wide investigation.8 But as the findings of this report show, oversight bodies have failed to hold NOLA ICE accountable, permitting the continued abuse of detained people with impunity

New Orleans: ACLU of Louisiana, 2024. 108p.

“You Have to Move!” The Cruel and Ineffective Criminalization of Unhoused People in Los Angeles

By Human Rights Watch

Adequate housing is an internationally protected human right. But the United States, which has been treating housing primarily as a commodity, is failing to protect this right for large numbers of people, with houselessness a pervasive problem. In the US city of Los Angeles, California, where the monetary value of property has risen to extreme heights while wages at the lower end of the economic spectrum have stagnated for decades, houselessness has exploded into public view. Policymakers addressing the issue publicly acknowledge the necessity of increased housing to solve houselessness, but their primary response on the ground has been criminalization of those without it. The criminalization of houselessness means treating people who live on the streets as criminals and directing resources towards arresting and citing them, institutionalizing them, removing them from visible public spaces, denying them basic services and sanitation, confiscating and destroying their property, and pressuring them into substandard shelter situations that share some characteristics with jails. Criminalization is expensive, but temporarily removes signs of houselessness and extreme poverty from the view of the housed public. Criminalization is ineffective because it punishes people for living in poverty while ignoring and even reaffirming the causes of that poverty embedded in the economic system and the incentives that drive housing development and underdevelopment. Criminalization is cruel. Criminalization effectively destroys lives and property based on race and economic class. It is a set of policies that prioritizes the needs and values of the wealthy, property owners, and business elites, at the expense of the rights of people living in poverty to an adequate standard of living. As a consequence of historical and present policies and practices that discriminate against Black and other BIPOC people, these groups receive the brunt of criminalization. Arrests and citations as the direct mode of criminalization have decreased substantially over the past several years in Los Angeles. But authorities use the threat of arrest to support the relentless taking and destruction of unhoused people’s property through sanitation “sweeps” and people’s removal from certain public spaces. Criminalization has simply taken a different primary form, though punitive criminal enforcement always looms.

Criminalization responds in destructive and ineffective ways to legitimize concerns about the impact of houselessness on individuals and their communities. Rather than improving conditions and leading towards a solution, criminalization diverts vast public resources into moving people from one place to another without addressing the underlying problem. In contrast to criminalization, housing solves houselessness. Policies that have proven effective include the development of affordable housing—with services for those who need them—preserving existing tenancies and providing government subsidies that help people maintain their housing. This report takes an in-depth look at houselessness in Los Angeles and at city policies towards unhoused people in recent years, with reference to historical practices. It looks at criminalization enforced by police and the sanitation department and explores how homeless services agencies and the interim housing and shelter systems sometimes support and cover for that criminalization. The report features the perspectives of people with lived experience on the streets and have directly experienced criminalization in all its forms. Human Rights Watch spoke to over 100 unhoused or formerly unhoused people, whose stories and insights inform every aspect of this report. The report features analysis of data obtained from various city agencies, including the Los Angeles Police Department (LAPD), Los Angeles Department of Sanitation (LASAN), Los Angeles Homeless Services Authority (LAHSA), and the Mayor’s office, that exposes the extent and futility of policies of criminalization. The report looks at the underlying causes of Los Angeles’ large scale houselessness, primarily the lack of affordable housing. It explains how racist policies over the decades have created a houselessness crisis in the Black community. The report also discusses the proven effectiveness of preserving and providing housing as a solution to houselessness, including examples of people who faced criminalization on the streets and whose lives have dramatically improved once housed. Finally, the report makes recommendations for policies that end criminalization and that move towards solving the crisis and realizing the international human right to housing in Los Angeles.

New York; HRW, 2024. 344p.

Aboriginal deaths in custody: The Royal Commission and its records, 1987–91

By Peter Nagle and Richard Summerrell

On 10 August 1987 the then Prime Minister, the Honourable R J L Hawke, announced the formation of a Royal Commission to investigate the causes of deaths of Aboriginals while held in State and Territory jails. The Royal Commission was established in response to a growing public concern that deaths in custody of Aboriginal people were too common and poorly explained. This Commonwealth Royal Commission was the 108th since Federation. The establishment of the Commission and the appointment of the Honourable Mr Justice Muirhead as Royal Commissioner had the support of all State and Territory governments….Access to records collected or created by government has always been subject to opposing pressures. Access to records is seen as providing a check on arbitrary government power, but privacy considerations and other sensitivities also need to be protected….”

National Archives of Australia. 1996. 85p.

THIRTY YEARS OF LYNCHING IN THE UNITED STATES 1889-1918

National Association for the Advancement of Colored People

Between 1889 and 1918, 3,224 people were lynched in the U.S., with 78.2% being African Americans. The South had the highest number of lynchings, with Georgia, Mississippi, and Texas leading.While lynchings decreased over the 30-year period, the South saw a slower decline compared to the North and West. Despite appeals from leaders like President Wilson, lynchings continued, and mob members were rarely convicted.

National Association for the Advancement of Colored People National Ofce 70 Fifth Avenue, New York. APRIL, 1919. 102p.

Immigration Raids in Jackson, Mississippi, Five Years Later: An Evidence-Based Analysis to Dissuade Mass Deportation Policy and Promote a New Immigration Pathway

Christopher Ross,

FROM THE DOCUMENT: Immigration is one of, if not the, top voting priority for 2024 American voters [1]. Both political parties are poised to increase asylum restrictions but to disparate degrees. One policy under serious consideration is mass deportation [2]. It is not a novel American immigration policy concept [3]. But introspection from previous attempts should chill the notion of mass deportation being a viable solution worthy of serious consideration. The costs would be exorbitant. It would leave large swaths of American communities decimated. The local and national economies would take serious hits. Families and loved ones would be separated. Already backlogged immigration courts would be further overwhelmed as a matter of due process. Immigration must be addressed, and the rule of law is to be respected. But solutions must equally be practical. An August 2019 immigration raid in Jackson, Mississippi where 680 immigrants were arrested while working at nearby chicken processing plants provides a window to review how mass immigration enforcement, detention, and deportation affects an American community in the 21st century. This paper provides an analysis of the immigration raid and its effects on the local community, economy, and social services. It will also provide a scaled analysis of major metropolitan areas to show the deleterious effects of mass deportation and dissuade the consideration of mass deportation as viable policy. Finally, it will propose an alternative policy that may prove to be in the best interests of all parties involved.

Center for Migration Studies. .August 6, 2024. 63p.

Sporting Events, the Trafficking of Women for Sexual Exploitation and Human Rights

By Jayne Caudwell

This chapter explores the possibilities of applying a human rights framework to sexual exploitation, sex work and sporting events. Human rights perspectives are emerging as useful ways to interrogate a range of global social injustices. However, defining sexual exploitation is not straightforward. First, I focus on how sexual exploitation and sex work are understood within human rights instruments. Second, I provide a vivid illustration of the trafficking of women for sexual exploitation. Through this case study, I demonstrate the conditions and mechanisms of supply of, and demand for, women for sexual exploitation. Finally, I return to the existing sport-related literature to elucidate the state of current knowledge of sexual exploitation, sex work and international sporting events. In doing so, I highlight the potential of adopting a human rights framework for future feminist research.

In: The Palgrave Handbook of Feminism and Sport, Leisure and Physical Education. 2017. Pp.537-556.

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.

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.

Raiding the Genome: How the United States Government is Abusing Its Immigration Powers to Amass DNA for Future Policing

GLABERSON, STEVIE; TSE, EMERALD; TUCKER, EMILY

From the document: "[W]hat if the government had access to a copy of your DNA and could track you based on this involuntary, unstoppable trail without your consent? [...] This dystopia is fast becoming reality for millions of people, many of them already vulnerable because of over-policing, excessive surveillance, or economic insecurity. The federal government is amassing a huge trove of DNA, starting with a racialized, often traumatized, and politically powerless group: noncitizens. And it is using the federal agency that operates with the fewest practical constraints and least oversight -- the Department of Homeland Security (DHS) -- to do it. That's what this report is about. [...] The 2005 DNA Fingerprint Act -- which passed with little public scrutiny as an amendment to the reauthorization bill for the popular Violence Against Women Act -- for the first time extended compulsory DNA collection to people outside of the criminal legal context: detained noncitizens. But because of the exceptions in the implementing regulations, and because previous administrations thought it was a good idea to use those exceptions to avoid escalating DNA collection from noncitizens, DHS never mounted a large-scale DNA collection program. That is, until 2020. This report, which is based on publicly available records, as well as interviews with people who have had their DNA taken by immigration authorities and legal service providers working with them, is the first attempt to examine in-depth what happened after the 2020 rule change, and to explain the legal and political implications of these developments."

GEORGETOWN UNIVERSITY. LAW CENTER. CENTER ON PRIVACY & TECHNOLOGY. 21 MAY, 2024.

WHITE SLAVERY IN THE BARBARY. STATES

MAY CONTAIN MARKUP

BY CHARLES SUMNER.

“HISTORY has been sometimes called a gallery, where, in living forms, are preserved the scenes, the incidents, and the characters of the past. It may also be called the world's great charnel house, where are gathered coffins, dead men's bones, and all the uncleanness of the years that have fled.”

Massachusetts. JOHN P. JEWETT AND COMPANY, 1853. 134p.

Mali: Human smuggling resilient amid major political and security upheaval

By Flore Berger

Mali has long been an important origin and transit country for West African migrants travelling to North Africa. Its role has expanded in recent years as preferred migration routes have shifted westwards from Libya into Algeria. In 2023, however, the political and security situation in northern Mali changed significantly. MINUSMA (the United Nations Multidimensional Integrated Stabilization Mission in Mali) withdrew from Mali after nearly a decade on the ground. This in turn contributed to the outbreak of hostilities between the Cadre Stratégique Permanent (Permanent Strategic Framework – CSP) and the Forces Armées Maliennes (Malian Armed Forces – FAMa), operating with the support of Russia’s Wagner Group, marking the de facto end of the 2015 Algiers Peace Agreement. The Malian transitional military government officially terminated this accord on 25 January 2024. Taking advantage of Mali’s international isolation and internal turmoil, violent extremist groups – including the al-Qaeda-affiliated Jama’at Nasr al-Islam wal Muslimin (Group to Support Islam and Muslims – JNIM) and Islamic State Sahel Province (IS Sahel) – stepped up their activities, notably by imposing blockades on major northern towns, most notably Timbuktu by JNIM and Ménaka by IS Sahel. These events altered the security equilibrium that, in recent years, had allowed migrants to travel through large parts of northern Mali, particularly Timbuktu, with little difficulty. While none of the developments, individually or collectively, drastically disrupted the movement of migrants and the functioning of human smuggling networks, they did have localized and short- to medium-term effects on flows, route safety, methods and means of transport, and prices. Timbuktu was by far the most significantly affected hub. A blockade was imposed by JNIM at the beginning of August, bringing movement to an immediate halt. Later, however, even as the blockade continued, flows resumed, with migrants using the river to get to Timbuktu rather than overland travel. The safety of movement in and around the city, including on the route to Algeria, deteriorated sharply, and the cost of the journey for migrants almost doubled. Gao was similarly affected by the resumption of hostilities between the CSP and FAMa. This region has always been much more volatile, however, with migratory flows through the city fluctuating greatly depending on the season and the security situation.

Mali’s third major migration route, through the western Kayes region and into Mauritania and Senegal, is a key area to watch. Movements through the south-west have not been directly affected by the upheaval in the north, and a growing number of Malians and West Africans are using this option. This is the latest Global Initiative Against Transnational Organized Crime (GI-TOC) monitoring report on human smuggling in Mali. It builds on the series of annual reports that has been issued by the GI-TOC since 2019, tracking the evolution of human smuggling in Mali, as well as the political, security and economic dynamics that influence it.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime (GI-TOC)’s Observatory of Illicit Economies in North Africa and the Sahel. 2024. 30p.

Submission to the UN Special Rapporteur on adequate housing and the UN Special Rapporteur on Extreme Poverty and Human Rights

By The International Drug Policy Consortium

The signing organisations (the International Drug Policy Consortium, Amnesty International, the Global Alliance against Traffic in Women, the Global Network of Sex Work Projects, the International Planned Parenthood Federation, and the Women and Harm Reduction International Network) welcome the initiative to prepare a report on the decriminalisation of poverty and homelessness, to be presented at the 56th session of the Human Rights Council in June-July 2024. We also welcome the background paper shared by consultation.

In order to ensure that the report creates effective and consistent standards for the decriminalisation of poverty and homelessness, we strongly encourage the Special Rapporteurs to include in the conclusions section explicit recommendations for the decriminalisation of drug use and possession of personal use, and of sex work, as the criminalisation of both activities is a major driver of contact between law enforcement and people living in poverty in public spaces, is discriminatory, and has harmful effects on the enjoyment of a broad range of human rights. This informal paper provides a number of key arguments supporting that inclusion.

London: International Drug Policy Consortium, 2024. 9p.

We’ve got people lined up behind the door: Placing the trafficking and exploitation of migrant workers in context in the restaurant and cleaning sectors in Finland. 2nd ed.

By Natalia Ollus, Anniina Jokinen

HEUNI’S SECOND STUDY on exploitation of migrant workers and trafficking in persons for the purpose of forced labour was published in 2013. The report “We’ve got people lined up behind the door”: Placing the Trafficking and Exploitation of Migrant Workers in Context in the Restaurant and Cleaning Sectors in Finland was prepared as part of an EU-funded project looking into the issue in Finland, Estonia, Lithuania and Sweden. The study was a follow-up to HEUNI’s first study on the topic, launched two years earlier, and aimed at providing a more in-depth analysis of selected sectors, recruitment methods and the business model of exploitation in Finland. In addition to research, the project organized multi stakeholder meetings to establish a dialogue between key labour actors. It also produced the first set of concrete guidelines for employers and recruitment agencies and other actors for the prevention of trafficking for forced labour and labour exploitation. The report kickstarted HEUNI’s work with businesses and corporate social responsibility, a topic which is today a core theme in HEUNI’s work and services. The report found that most migrant workers coming to Finland seek work due to economic reasons and many are willing to compromise regarding the employment and the working conditions, as long as they can earn more than at home. Recruitment of migrant workers in the restaurant and cleaning sectors is carried out either via recruitment and employment service companies or via relatives, acquaintances and word-of-mouth. The study uncovered several cases where migrant workers paid unreasonably high recruitment and placement fees in order to secure a job in Finland. Different forms of underpayment of wages were common, often in connection with poor terms of employment, irregular or excessive working hours, and difficult working conditions. The study argued that many of the exploited workers seemed to be weighing the pros and cons of disclosing their experiences of exploitation to the authorities versus the risk of losing their job, their means of income and perhaps even their residence right if they disclosed their experiences of exploitation. Similar findings have been made in more recent studies and media articles covering exploitation in cleaning and in the restaurant sector. The study “We’ve got people lined up behind the door” argues that the exploitation of migrant workers should be seen as part of a larger, structural context, where dishonest and exploitative actors engage in economic crime and distort free competition. Thus, exploitation is not a stand-alone, specific phenomenon, but part of a larger societal and historical development. In the report we also argue that a focus solely on trafficking for forced labour makes it difficult to see and understand the larger structural and contextual factors that facilitate exploitation of migrant workers. Trafficking does not take place in isolation from the larger context of exploitation of migrant workers. Therefore, exploitation can perhaps best be understood as a continuum rather than as clear-cut, separate phenomena. We also make many more arguments, which are still very valid and relevant. By relaunching the report in English as a standalone report, we hope it will find a new international readership.

Report Series no. 76b. Helsinki: HEUNI 2024. 170p.