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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts in Criminal Justice
Strengthening Protections Against Trafficking in Persons in Federal and Corporate Supply Chains

By Verité

More than twenty million men, women and children around the world are currently believed to be victims of human trafficking, a global criminal industry estimated to be worth $150.2 billion annually. As defined in the US Department of State’s 2014 Trafficking in Persons Report (TIP Report), the terms “trafficking in persons” and “human trafficking” refer broadly to “the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion,” irrespective of whether the person has been moved from one location to another. Trafficking in persons includes practices such as coerced sex work by adults or children, forced labor, bonded labor or debt bondage, involuntary domestic servitude, forced child labor, and the recruitment and use of child soldiers. Many different factors indicate that an individual may be in a situation of trafficking. Among the most clear-cut indicators are the experience of coercive or deceptive recruitment, restricted freedom of movement, retention of identity documents by employers, withholding of wages, debt bondage, abusive working and living conditions, forced overtime, isolation, and physical or sexual violence. The United States Government is broadly committed to combating trafficking in persons, as guided by the Trafficking Victims Protection Act (TVPA) of 2000, and the UN Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. In September 2012, the United States took an unprecedented step in the fight against human trafficking with the release of a presidential executive order (EO) entitled “Strengthening Protections Against Trafficking in Persons in Federal Contracts.” In issuing this EO, the White House acknowledged that “as the largest single purchaser of goods and services in the world, the US Government has a responsibility to combat human trafficking at home and abroad, and to ensure American tax dollars do not contribute to this affront to human dignity.” The EO prohibits human trafficking activities not just by federal prime contractors, but also by their employees, subcontractors, and subcontractor employees. Subsequent amendments to the Federal Acquisition Regulation (FAR) and the Defense Acquisition Regulations System (DFARS) in the wake of the EO will affect a broad range of federal contracts, and will require scrutiny by prime contractors of subcontractor labor practices to a degree that has not previously been commonplace. Top level contractors will now need to look actively at the labor practices of their subcontractors and suppliers, and to consider the labor involved in production of inputs even at the lowest tiers of their supply chains.

Amherst, MA: Verité , 2017. 355p.

Residence Permits, International Protection and Victims of Human Trafficking: Durable Solutions Grounded in International Law

by Johanna Schlintl, Liliana Sorrentino

This report has been developed in the framework of the Project REST, which aims to strengthen the rights to residence and international protection for third-country nationals trafficked in Europe, by examining promising practices, gaps and challenges in their actual access to these rights.

The objective of this report is to explore avenues and challenges, in order to secure a durable solution for trafficked persons in terms of long-term residence and access to socio-economic rights, including the right to work. Trafficked persons’ access to long-term or permanent residence is an integral part of their right to effective remedies. Securing a long-term residence for trafficked persons is one way to guarantee their dignity and foster their access to justice. A durable solution in terms of residence provides trafficked person with a foundation for safety and stability, and hope for a future perspective.

The report puts centre stage the protection of the rights of trafficked persons. It emphasises that they are bearers of rights as women, men, children, victims of crime, victims of gender-based violence, refugees, asylum seekers and migrant workers. It underlines in particular the rights and protection needs of trafficked persons with regard to access to residence and to international protection. It intends to show how integrating and combining protection under the human rights, asylum and anti-trafficking regimes can contribute to strengthening the overall protection of the rights of trafficked persons, and enhance the prospects of long-term residence and the access to durable solutions. To this end, the report analyses the international and European legal framework on access to residence permits and to international protection for trafficked persons.

Vienna: Interventionsstelle für Betroffene des Frauenhandels (LEFÖ-IBF) . 2021. 108p.

Borderline Justice

By Frances Webber.

The Fight for Refugee and Migrant Rights. Borderline Justice describes the exclusionary policies, inhumane decisions and obstacles to justice for refugees and migrants in the British legal system. Frances Webber, a long-standing legal practitioner, reveals how the law has been (mis)applied to migrants, refugees and other ‘unpopular minorities’. This book records some of the key legal struggles of the past thirty years which have sought to preserve values of universality in human rights - and the importance of continuing to fight for those values, inside and outside the courtroom. The themes and analysis cross boundaries of law, politics, sociology, criminology, refugee studies and terrorism studies, appealing to the radical tradition in all these disciplines.

London: Pluto Books, 2012. 257p.

Border Deaths

Edited by Paolo Cuttitta, and Tamara Last.

Causes, Dynamics and Consequences of Migration-related Mortality. A 2018 report by two non-governmental organizations (NGOs) revealed that US Border Patrol agents ‘routinely intimidate, harass, and surveil humanitarian-aid volunteers, thus impeding the administration of humanitarian aid’ along the US-Mexico border. Furthermore, they ‘stab, stomp, kick, drain, and confiscate the bottles of water that humanitarian-aid volunteers leave along known migrant routes’ (La Coalición de Derechos Humanos and No More Deaths 2018). More broadly, through the criminalization of humanitarian assistance and the ‘weaponization’ of the terrain, US authorities make themselves responsible for the suffering, death and disappearance of many people (Morgan-Olsen 2018; Osuna 2018). On the other hand, Border Patrol agents often carry out rescue operations to save migrants, which – they argue – demonstrates ‘their dedication in protecting human life’ (U.S. Customs and Border Protection 2019). They are presented as true humanitarians (Price 2018). According to US President Donald Trump, the problem of border deaths can only be solved with more border control. ‘Border Patrol needs the Wall and it will all end’ was his comment on the death of two children occurred shortly after their crossing from Mexico (Tatum 2018)

Amsterdam: Amsterdam University Press, 2019. 175p.

Whence They Came: Deportation from Canada 1900 - 1935

By Barbara Roberts.

Until recently, immigration policy was largely in the hands of a small group of bureaucrats, who strove desperately to fend off “offensive” peoples. Barbara Roberts explores these government officials, showing how they not only kept the doors closed but also managed to find a way to get rid of some of those who managed to break through their carefully guarded barriers. Robert’s important book explores a dark history with an honest and objective style.

Ottawa: University of Ottawa Press, 1988. 264p.

Migration Borders Freedom

By Harald Bauder.

International borders have become deadly barriers of a proportion rivaled only by war or natural disaster. Yet despite the damage created by borders, most people can’t – or don’t want to – imagine a world without them. What alternatives do we have to prevent the deadly results of contemporary borders? In today’s world, national citizenship determines a person’s ability to migrate across borders. Migration Borders Freedom questions that premise. Recognizing the magnitude of deaths occurring at contemporary borders worldwide, the book problematizes the concept of the border and develops arguments for open borders and a world without borders. It explores alternative possibilities, ranging from the practical to the utopian, that link migration with ideas of community, citizenship, and belonging. The author calls into question the conventional political imagination that assumes migration and citizenship to be responsibilities of nation states, rather than cities. While the book draws on the theoretical work of thinkers such as Ernst Bloch, David Harvey, and Henry Lefebvre, it also presents international empirical examples of policies and practices on migration and claims of belonging. In this way, the book equips the reader with the practical and conceptual tools for political action, activist practice, and scholarly engagement to achieve greater justice for people who are on the move.

Boca Raton, FL: CRC Press, 2016. 150p.

Go home?: The politics of immigration controversies

Edited by Hannah Jones, Yasmin Gunaratnam, Gargi Bhattacharyya, William Davies, Sukhwant Dhaliwal, Kirsten Forkert, Emma Jackson, and Roiyah Saltus.

In July 2013, the UK government arranged for a van to drive through parts of London carrying the message 'In the UK illegally? GO HOME or face arrest.' This book tells the story of what happened next. The vans were short-lived, but they were part of an ongoing trend in government-sponsored communication designed to demonstrate toughness on immigration. The authors set out to explore the effects of such performances: on policy, on public debate, on pro-migrant and anti-racist activism, and on the everyday lives of people in Britain. This book presents their findings, and provides insights into the practice of conducting research on such a charged and sensitive topic.

Manchester, UK: Manchester University Press, 2017. 204p.

Looking for Loopholes

By Joanne van der Leun.

Processes of Incorporation of Illegal Immigrants in the Netherlands. Governmental policies on irregular or illegal immigration are notorious for their ambiguities, as even a superficial glance at public discussions on the issue in the Netherlands can illustrate. Contentions that illegal or undocumented immigrants1 are not entitled to medical care alternate with messages that everybody who needs medical treatment of any kind should receive it. Representatives of municipalities openly back local initiatives to support illegal immigrants, while at the same time the national government emphasises that illegal immigrants are utterly responsible for themselves. Public assertions that there will be no regularisation schemes in the Netherlands are followed by a series of amnesties for semi-integrated ‘white illegals’. These few out of many examples illustrate that societal reactions to illegal immigration, and the presence of unauthorised immigrants are anything but clear-cut. Officially, the political aim is to put an end to the issue by implementing a sound and coherent ‘discouragement policy’ or ontmoedigingsbeleid. Comparable sets of policy measures are introduced all over the European Union, which is frequently depicted as ‘fortress Europe’. Yet in the meantime, the presence of illegal immigrants has become a common feature of many advanced states, including those that did not perceive themselves as countries of immigration for a long time.

Amsterdam: Amsterdam University Press, 2003. 231p.

Immigration Justice

By Peter Higgins.

The title of this book signifies that immigration policy is not a matter of ethics (understood to refer to the moral analysis of individual action and character), but is rather a matter of justice, and more precisely, structural justice. A central contention of this book is that the justice of an immigration policy can be ascertained only through consideration of the pervasive, systematic, and unjust inequalities engendered by the institutions that constitute our social world. This is because immigration policies affect people not as individuals per se, but as members of social groups that are brought into existence by the ways in which formal rules, informal norms, and stable practices (that is, social institutions) unequally distribute opportunities among those implicated in them. That is to say, the way an immigration policy affects a person is not idiosyncratic, but rather is a function of that person’s gender, race, economic class, sexuality, ability, age, and citizenship status, among other things. What I am asserting here, but will argue for throughout this book, is that one cannot wholly determine whether or not an immigration policy is just in our social world, given its present nature, unless one’s principles for making such assessments treat gender, race, economic class, sexuality, and so on, as salient categories of analysis.

Edinburgh: Edinburgh University Press, 2013. 281p.

Out of the Shadows, Into the Streets!

by Sasha Costanza-Chock.

Transmedia Organizing and the Immigrant Rights Movement.. From the Foreword: “A key issue in this often blurred debate is the role of communication technologies in the formation, organization, and development of the movements. Throughout history, communication has been central to the existence of social movements, which develop beyond the realm of institutionalized channels for the expression of popular demands. It is only by communicating with others that outraged people are able to recognize their collective power before those who control access to the institutions..”

Creative Commons (2014) 295p.

Asylum Matters: On the Front Line of Administrative.Decision-Making

By Laura Affolter.

This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination.

Springer Nature, 2021. 213p.

Refugees and the Violence of Welfare Bureaucracies in Northern Europe

Edited by Dalia Abdelhady, Nina Gren, and Martin Joormann.

Given the significant similarities and differences between the welfare states of Northern Europe and their reactions to the perceived 'refugee crisis' of 2015, the book focuses primarily on the three main cases of Denmark, Sweden and Germany. Placed in a wider Northern European context – and illustrated by those chapters that also discuss refugee experiences in Norway and the UK – the Danish, Swedish and German cases are the largest case studies of this edited volume. Thus, the book contributes to debates on the governance of non-citizens and the meaning of displacement, mobility and seeking asylum by providing interdisciplinary analyses of a largely overlooked region of the world, with two specific aims.

Manchester University Press, 2020. 244p

Beyond Borders

Edited by Molly Land, Kathryn Libal, Jillian Chambers.

The human rights of noncitizens at home and abroad. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad.

Cambridge University Press. (2021) 300 pages.

Confronting root causes: forced labour in global supply chains

By Genevieve LeBaron, Neil Howard, Cameron Thibos and Penelope Kyritsis .

It is by now widely recognised that effectively tackling forced labour in the global economy means addressing its ‘root causes’. Policymakers, business leaders and civil society organisations all routinely call for interventions that do so.1-2 Yet what exactly are these root causes? And how do they operate? The two most commonly given answers are ‘poverty’ and ‘globalisation’.3 Although each may be foundational to forced labour, both terms are typically used in nebulous, catch-all ways that serve more as excuses than explanations. Both encompass and obscure a web of decisions and processes that maintain an unjust status quo, while being used as euphemisms for deeper socio-economic structures that lie at the core of the capitalist global economy. The question thus becomes: exactly which aspects of poverty and globalisation are responsible for the endemic labour exploitation frequently described with the terms forced labour, human trafficking or modern slavery? Which global economic processes ensure a constant and low-cost supply of highly exploitable and coerced workers? And which dynamics trigger a demand among businesses for their exploitation, making it possible for them to profit from it? This 12-part report is an attempt to answer these questions in a rigorous yet accessible way. With it, we hope to provide policymakers, journalists, scholars and activists with a road map for understanding the political economy of forced labour in today’s “global value chain world”.

Sheffield, UK: Sheffield Political Economy Research Institute, 2018. 100p.

The Routledge Handbook of Smuggling

Edited by Max Gallien and Florian Weigand.

The Routledge Handbook of Smuggling offers a comprehensive survey of interdisciplinary research related to smuggling, reflecting on key themes, and charting current and future trends. Divided into six parts and spanning over 30 chapters, the volume covers themes such as mobility, borders, violent conflict, and state politics, as well as looks at the smuggling of specific goods – from rice and gasoline to wildlife, weapons, and cocaine. Chapters engage with some of the most contentious academic and policy debates of the twenty-first century, including the historical creation of borders, re-bordering, the criminalisation of migration, and the politics of selective toleration of smuggling. As it maps a field that contains unique methodological, ethical, and risk-related challenges, the book takes stock not only of the state of our shared knowledge, but also reflects on how this has been produced, pointing to blind spots and providing an informed vision of the future of the field. Bringing together established and emerging scholars from around the world, The Routledge Handbook of Smuggling is an indispensable resource for students and researchers of conflict studies, borderland studies, criminology, political science, global development, anthropology, sociology, and geography.

London: Routledge, 2021. 484p.

Migration, Culture Conflict and Crime

Edited by Joshua D. Freilich, Graeme R. Newman, S. Giora Shoham and Moshe Addad.

This was one of the first social science books to recognize migration as THE issue of the 21st century. The issue of immigration and crime in all of its many contexts and forms, is a problem which increasingly affects numerous countries throughout the world. In many countries, immigrants have been accused of disproportionate involvement in crime while, in others, immigrants are often claimed to be the victims of criminal offenders, as well as indifferent criminal justice systems. The subjects covered within this informative collection include the offending and victimization rates of immigrants and their dependants, institutional racism, human trafficking/smuggling and ethnic conflicts. In particular, the problems faced by female immigrants are addressed in detail. Whilst some papers look at the issues facing particular countries, such as Germany, the United Kingdom, Australia, Israel and Turkey, others adopt a more comparative approach. Migration, Culture Conflict and Crime is an essential and compelling read for all those with a strong interest in this important area. Not only does it significantly advance our scientific knowledge concerning the relationship between immigration, crime and justice, but it also sets forth a number of proposals which, if implemented, could address many of the problems found in these areas. It is as relevant today as the day it was published.

NY. Harrow and Heston Publishers. 2012.

Enduring Uncertainty: Deportation, Punishment and Everyday Life

By Ines Hasselberg.

What effect do British policies of deportation have on those facing deportation and their families? What strategies are devised to cope with and react to deportation? In what ways does deportability influence one’s sense of justice, security and self, and how does that translate into everyday life? In this book I address these questions through an examination of the deportation and deportability of foreign nationals convicted of one or more criminal offences in the UK.1 Taking London as the site of my field research, I explore the way foreign nationals’ deportability is felt, understood and experienced, as well as the strategies they deploy to cope with and react to their own deportation, or that of a close relative. Facing deportation implies the establishment or reinforcement of a relationship between the migrant and the host state. How that relationship develops and the resulting consequences are addressed here from the perspective of deportable migrants and their close relatives.

New York; Oxford, UK: Berghahn Books, 2016. 188p.

Asylum Matters

By Laura Affolter.

On the Front Line of Administrative Decision-Making.. The book explores the conditions of possibility that shape asylum decisions, taking us well beyond arguments about the apparently arbitrary nature of much asylum decision making, to show how such work is structured and made possible through routines, tacit forms of knowledge and shared meanings. In doing so, the book demonstrates that the distinction between rules on the one hand, and discretion on the other hand, is misplaced, as all decisions and judgements are made possible and constrained by wider histories and relationships”. —Prof. Tobias Kelly.

Palgrave Socio-Legal Studies (2021) 123p.

World of Walls

By Said Saddiki.

The Structure, Roles and Effectiveness of Separation Barriers. The crisis of borders and prisons can be seen starkly in statistics. In 2011 some 1,500 migrants died trying to enter Europe, and the United States deported nearly 400,000 and imprisoned some 2.3 million people―more than at any other time in history. International borders are increasingly militarized places embedded within domestic policing and imprisonment and entwined with expanding prison-industrial complexes. Beyond Walls and Cages offers scholarly and activist perspectives on these issues and explores how the international community can move toward a more humane future.Working at a range of geographic scales and locations, contributors examine concrete and ideological connections among prisons, migration policing and detention, border fortification, and militarization. They challenge the idea that prisons and borders create safety, security, and order,….

Open Book (2017) 154 pages.

The African Court of Justice and Human and Peoples’ Rights in Context

Edited By Charles C. Jalloh, Kamari M. Clarke, and Vincent O. Nmehielle .

Development and Challenges. “On 27 June 2014, the Assembly of Heads of State and Government of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (‘Malabo Protocol’). The Malabo Protocol, which seeks to establish the first-ever African court with a tripartite jurisdiction over human rights, criminal and general matters is aimed at complementing national, sub-regional and continental bodies and institu- tions in preventing serious and massive violations of human rights in Africa through, among other things, the prosecutions of the perpetrators of such crimes as specified in the statute annexed to the treaty.

Cambridge University Press. (2019) 1,200 pages.