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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts in Equity
Exploring Intersections of Trafficking in Persons Vulnerability and Environmental Degradation in Forestry and Adjacent Sectors: Case Studies on Banana Cultivation and Informal Logging in Northern Bur

By Max Travers

Previous research in the field of human rights and development has examined how the use of exploited labor – including labor as the result of human trafficking – can contribute to deforestation. There is a parallel field of literature that documents the impact that environmental degradation and deforestation can have on human populations. What both of these spheres lack, however, is documentation of the specific patterns of labor exploitation, human trafficking, and child labor experienced by workers directly involved in forestry and/or adjacent sectors, as well as the means by which deforestation can create vulnerabilities to human trafficking.

Amherst, MA: Verité , 2020. 172p.

Combating Forced and Child Labor of Refugees in Global Supply Chains: The Role of Responsible Sourcing

By Elaine Jones and Pauline Tiffen

Today, over 30 million people in the world have fled their country because their lives, safety, or freedom have been threatened. Low- and middle-income countries - like Colombia, Turkey, and Bangladesh - host 85% of all refugees in the world. These are countries where many multinational companies have suppliers - and yet most companies don’t think about the implication of their supply chain including refugees. With the global refugee crisis showing no signs of abating, multinational companies will become even more exposed to refugee populations via their suppliers.

Amherst, MA: Verité , 2021. 61p.

Beyond Borders: Crime, conservation and criminal networks in the illicit rhino horn trade

By Julian Rademeyer

Six thousand rhinos have fallen to poachers’ bullets in Africa over the past decade and only about 25,000 remain – a fraction of the tens of thousands that roamed parts of the continent fifty years ago. Dozens more have been shot in so-called “pseudo-hunts”. Across Europe, castles and museums have been raided by criminal gangs in search of rhino horn trophies. And in the United States, businessmen, antique dealers – even a former rodeo star and a university professor – have been implicated in the illicit trade. Driven by seemingly insatiable demand in Southeast Asia and China, rhino horn has become a black market commodity rivalling gold and platinum in value. Borders, bureaucracy and a tangle of vastly different laws and legal jurisdictions are a boon to virulent and versatile transnational criminal networks and a bane to the law enforcement agencies rallied against them. Again and again efforts to target syndicates are hamstrung by corruption, governments that are unwilling or incapable of acting, a lack of information-sharing and approaches to tackling crime that wrongly emphasise arrests and seizures over targeted investigations and convictions as a barometer of success.

Geneva: Global Initiative against Transnational Organized Crime , 2016. 64p.

Conflict, Coping and COVID: Changing Human Smuggling and trafficking dynamics in North Africa and the Sahel in 2019 and 2020.

By Mark Micallef | Matt Herbert | Rupert Horsley Alexandre Bish | Alice Fereday | Peter Tint.

The first report of the project, ‘The human conveyor belt broken’, published in early 2019, described the fall of the protection racket by Libyan militias that underpinned the surge in irregular migration between 2014 and 2017. That report, in turn, updated information published by the GI-TOC publication ‘The human conveyor belt’, released in March 2017.

This report builds on these studies and maps human smuggling trends and dynamics between 2019 and 2020, as well as the political and security dynamics that impacted and influenced smuggling and trafficking during the period. It underscores both the continuing importance of smuggling from and through Libya, Tunisia, Niger, Chad and Mali and the impact of conflict, insecurity and the COVID-19 pandemic on this industry but also its resilience in the face of these phenomena.

Geneva: Global Initiative Against Transnational Organized Crime, 2021. 110p.

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.

Human Trafficking in Germany: Strengthening Victim’s Human Rights

By Petra Follmar-Otto Heike Rabe

The idea that human trafficking leads to contemporary forms of slavery and that it must be considered a human rights violation has now gained acceptance. At the same time, it can be said that combating human trafficking is still primarily understood and approached as a crime reduction issue. In that context, trafficked persons are seen as sources of information and potential witnesses in court proceedings. However, they play only a marginal role as subjects with their own legal rights. Although the law has long allowed victims to participate in criminal court proceedings as part of an accessory prosecution procedure (Nebenklage) and to claim wages, compensation, and damages for pain and suffering, a corresponding legal practice in Germany has not become established. Advisory services and assistance are lacking, and pragmatic ways to improve the chances of success in court have hardly been tested. This situation is unacceptable from the viewpoint of human rights. Exercising legal rights goes beyond the hoped-for – and often desperately necessary – material compensation and also holds a great deal of symbolic importance for trafficked persons. This is a way for them to regain their sense of being independent subjects, often after having long experienced a total loss of self-determination over their own lives. Active advocacy for one’s own rights offers an opportunity to restore and increase awareness of one’s own self-worth. However, the chances of success are minimal without advice and assistance along this arduous path. The first part of this publication identifies needed im - provements in the way trafficked persons are treated and derives specific policy recommendations from them. The second part discusses options for the creation of a legal aid fund that can provide advisory services and assistance to trafficked persons to increase their willingness to exercise their legal rights and their prospects of success. Supporting measures such as education and information are also included. The German institute for Human Rights hopes that this publication will promote the progress of a human rights approach to combating human trafficking, particularly in German legal practice.

Berlin: German Institute for Human Rights, 2009. 97p.

Children’s Harmful Work in Ghana’s Lake Volta Fisheries: Research Needed to Move Beyond Discourses of Child Trafficking

By Bellwood-Howard, Imogen and Abdulai Abubakari.

Children work throughout the Lake Volta fisheries value chain. It is commonly assumed most have been trafficked. Research and advocacy has focused on dangers to young boys harvesting fish, and poverty as a driver, precluding attention to harms experienced by non-trafficked children, girls’ experiences and work-education dynamics. More work is needed on the proportions of children who fish and perform harmful work; structural, ecological and historical contexts; young people’s agency in pursuing fishing work; and why attention to trafficking dominates.

Brighton, UK: Institute of Development Studies, 2022. 28p.

A Media Analysis of Changes in International Human Trafficking Routes from Nepal

By Kharel, Arjun, et al.

This study examined the media portrayal of different actors involved in human trafficking from Nepal to understand the reported changes in international routes of human trafficking from Nepal after 2015. The findings of the study are based on content analysis of 480 news articles published in six national newspapers in Nepal in a five-year period from 2016 to 2020, along with existing literature and interviews with newspaper reporters and editors. Most of the alleged perpetrators reported in the media were male while females dominated reportage on ‘victims’. An overwhelming majority of the reported victims of sex trafficking were females while the reported victims of labour trafficking were evenly split between males and females. This is in contrast to the actual distribution of male and female migrants from Nepal, where male workers lead female workers on labour permits for overseas employment by a margin of over 80 per cent. Analysis of the news articles showed that India still remains, as it has historically been, the top trafficking destination and transit country. Countries in the Gulf Cooperation Council (GCC), North America, Europe, Southeast Asia, and Australia have emerged as new destinations while Myanmar along with some countries in Europe, Africa, and Latin America have emerged as new transits for human trafficking from Nepal. The study recommends the allocation of resources for investigative journalism and training of reporters on robust reporting including critical gender analysis in order to improve the reporting of human trafficking in Nepali media. Coordination between government agencies and revision of counterproductive policies can contribute to curb human trafficking and encourage safe migration for employment.

Brighton, UK: Institute of Development Studies, 2022. 96p.

Violent Exceptions: Children's Human Rights and Humanitarian Rhetorics

By Wendy S. Hesfor.

Violent Exceptions turns to the humanitarian figure of the child-in-peril in twenty-first-century political discourse to better understand how this figure is appropriated by political constituencies for purposes rarely to do with the needs of children at risk. Wendy S. Hesford shows how the figure of the child-in-peril is predicated on racial division, which, she argues, is central to both conservative and liberal logics, especially at times of crisis when politicians leverage humanitarian storytelling as a political weapon. Through iconic images and stories of child migrants, child refugees, undocumented children, child soldiers, and children who are victims of war, terrorism, and state violence, Violent Exceptions illustrates how humanitarian rhetoric turns public attention away from systemic violations against children’s human rights and reframes this violence as exceptional—erasing more gradual forms of violence and minimizing human rights potential to counteract these violations and the precarious conditions from which they arise.

Columbus, OH: Ohio State University Press, 2021. 282p.

African Asylum at a Crossroads

Edited by Iris Berger, Tricia Hepner, Benjamin Lawrence, Joanna Tague, and Meredith Terretta.

Activism, Expert Testimony, and Refugee Rights. This book examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte WalkerSaid.

Athens, OH: Ohio University Press, 2015. 287p.

Spotlighting the Invisible: Justice for children in Africa

By African Child Policy Forum.

This publication is prepared both to advance our knowledge of the important but complex subject of child Justice in Africa and to inform the discussions at the 2nd Global Conference on Child Justice in Africa to be held in Addis Ababa in May 2018. This conference, organised by the African Child Policy forum (ACPF) and Defence for Children International (DCI) is a follow-up to the first such conference that took place in Kampala, Uganda, in November 2011. That conference resulted in the African Guidelines on Action for Children in Justice Systems in Africa which were endorsed by the African Committee of Experts on the Rights and Welfare of the Child at its March 2012 meeting. ACPF also published a continental study on children and justice systems in that year. The current study updates and extends that earlier study, seeking to examine the progress that has been made, and the challenges that remain, since the 2011 conference in achieving childfriendly justice in African justice systems. Given that children come in contact with justice system in different ways – through the formal and informal justice systems, in religious justice systems in some parts of the continent, and in both the criminal and civil justice systems – this study charts the continuum of experiences that children undergo in their contact with these systems.

Addis Ababa, Ethiopia" ACPF, 2018. 173p.

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.

Gender Violence & Human Rights: Seeking Justice in Fiji, Papua New Guinea and Vanuatu

Edited by: Aletta Biersack, Margaret Jolly, Martha Macintyre.T

The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific.

Canberra: Australian National University Press, 2016. 398p.

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.

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.

Knowing about Genocide

By Joachim J. Savelsberg

Armenian Suffering and Epistemic Struggles.. “This book brings together the topic of genocide and a comprehensive sociology of knowledge (360 degrees, as one reader suggested). The empirical focus is on the Armenian genocide. I ask how repertoires of knowledge emerge, among Armenians and Turks and in world society, and what dynamics they unfold. Importantly, by knowledge, I do not mean certified knowledge but simply humans’ taken-for-granted assumptions about the world.Everyday exchanges, or micropolitics, lay the foundation. They involve conflicting pressures to silence, deny, or acknowledge. Knowledge entrepreneurs, actors with privileged access to channels of communication, often set the parameters for such exchanges…”

UC Press. (2021) 264 pages.

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.