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HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts in Equity
Trafficking of Fishermen in Thailand

By International Organization for Migration (IOM)

The trafficking of men to Thai fishing boats started in earnest after the ravages of Typhoon Gay in 1989, which resulted in the sinking of over 200 fishing boats and caused at least 458 deaths (an additional 600 persons are missing and presumed dead), mostly among Thai fishing crews from the poor Northeast region of Thailand.1 Prior to the storm, fishing was primarily concentrated in the nearby Gulf of Thailand and Andaman Ocean (which were still relatively rich in marine resources) and considered as lucrative, seasonal work. Almost overnight, fearful Thai crews abandoned the sector, leaving remaining boat owners in desperate need of labour. Burmese, Cambodian and a few Lao migrant workers began to be recruited to replace the rapidly dwindling Thai crews, and informal migrant and Thai labour brokers sprung up to facilitate this process. Twenty years later, Thai fishing vessels ply the territorial waters of dozens of nations, especially Burma (Myanmar), Cambodia, India, Indonesia, Malaysia, and Vietnam, and travel as far as Somalia and other parts of the coast of East Africa. Yet, for an increasingly sophisticated industry, Thailand’s recruitment for workers in the fishing sector remains largely based on informal recruiting processes which often lead to abuse and foster human trafficking. Many fishermen are sold to fishing boat owners (at a certain price per head, the ka hua -- see glossary). A trafficked fisherman must thereafter work to pay off the ka hua before being paid any wages. Depending on the amount of the ka hua, a trafficked fisherman could be working from one month to as long as six to eight months before earning any wages for himself. In some cases, depending on the predilection of the boat captain and/or owner, trafficked fishermen are kept working on boats for years without pay. Working conditions on fishing boats are extremely arduous. Fishermen are expected to work 18 to 20 hours of back-breaking manual labour per day, seven days per week. Sleeping and eating is possible only when the nets are down and recently caught fish have been sorted. Fishermen live in terribly cramped quarters, face shortages of freshwater and must work even when fatigued or ill, thereby risking injury to themselves or others. Fishermen who do not perform according to the expectations of the boat captain may face severe beatings or other forms of physical maltreatment, denial of medical care and, in the worst cases, maiming or killing.

Bangkok: IOM, 2011. 92p.

Irregular Migration, Trafficking and Smuggling of Human Beings: Policy Dilemmas in the EU

Edited by Sergio Carrera and Elspeth Guild

While the current migration and refugee crisis is the most severe that the world has known since the end of the Second World War (with over 60 million refugees worldwide, according to the UNHCR), it may turn into the norm, because the reasons to migrate keep on multiplying. These reasons range from long-lasting political crises, endemic civil wars, atrocities committed against ethnic or religious groups by extremist organisations to the lack of economic development prospects and climate change. The European Union has a duty to welcome some of these people – namely those who need international protection. With over a million irregular migrants crossing its external borders in 2015, the European Union has to engage in a deep reflection on the rationale underpinning its policies on irregular migration and migrant smuggling – and their effects. At such a strenuous time, the challenge before us is “to work closely together in a spirit of solidarity” while the “need to secure Europe’s borders” remains an imperative, to recall President Juncker’s words. Of particular relevance in this framework is the issue of migrant smuggling, or facilitation of irregular entry, stay or transit. Addressing migrant smuggling – located at the intersection of criminal law, which sanctions organised crime, the management of migration and the protection of the fundamental rights of irregular migrants – has become a pressing priority. But the prevention of and fight against migrant smuggling is a complex process, affected by contextual factors, including a high level of economic and social disparity between the EU and several third countries, difficult cooperation with source and transit countries and limited legal migration channels to the EU

Brussels: Center for European Policy Studies (CEPS), 2016. 112p.

The Security Sector Governance–Migration Nexus: Rethinking how Security Sector Governance matters for migrants’ rights

By Sarah Wolff

The main argument is that improving migrants’ rights and conceptual linkages between SSG/R and migration is best achieved, by decentring our gaze, namely going beyond the ‘national’ and ‘state-centric’ view that characterizes traditionally SSG/R and to consider the agency of both migrants and SSR actors. First from a migrants’ perspective, it is key for SSR actors to go beyond traditional legal classifications and to consider the diversity of personal situations that involve refugees, stranded migrants and asylum seekers, which might endorse different roles at different times of their journeys and lives. Second, the transnational nature of migration calls for a transnationalization of SSG/R too. For too long the concept has mostly been applied within the national setting of SSR institutions and actors. Migration calls for a clear decentring that involves a transnational dimension and more work among transnational actors and policymakers to facilitate a norm transfer from the domestic to the interstate and international level. As such, the ‘transnational’ nature of migration and its governance needs to be ‘domesticated’ within the national context in order to change the mindset of SSG/R actors and institutions. More importantly, the paper argues that poor SSG/R at home produces refugees and incentivizes migrants to leave their countries after being victims of violence by law enforcement and security services. During migrants’ complex and fragmented journeys, good security sector governance is fundamental to address key challenges faced by these vulnerable groups. I also argue that a better understanding of migrants’ and refugees’ security needs is beneficial and central to the good governance of the security sector. After reviewing the key terms of migration and its drivers in section 2, section 3 reviews how SSG is part of the implementation of the GCM. SSR actors play a role in shaping migratory routes and refugees’ incentives to leave, in explaining migrants’ and refugees’ resilience, in protecting migrants and refugees, and in providing security. Although it cautions against artificial classifications and the term of ‘transit migration’, section 4 reviews what the core challenges are in the countries of origin, transit and destination. Section 5 provides a detailed overview of the linkages between migration and each security actor: the military, police forces, intelligence services, border guards, interior ministries, private actors, criminal justice, parliaments, independent oversight bodies and civil society. Section 6 formulates some recommendations.

London: Ubiquity Press, 2021. 80p.

Mediated Bordering: Eurosur, the Refugee Boat, and the Construction of an External EU Border

By Ellebrecht, Sabrina

The external border of the EU remains under permanent construction. Sabrina Ellebrecht engages with two of its primary building sites – the European Border Surveillance System (Eurosur) and the Refugee Boat. She analyzes how the function and quality of the EU's current political border is crafted, shaped, produced and eventually stabilized through these two mediators. Eurosur and the Refugee Boat mediate a level of Europeanization which has hitherto – and would otherwise have – been impossible. While Eurosur mobilizes the limits of border policing in various ways, the Refugee Boat functions as the vacillating European Other to legitimize both control and humanitarian interventions. The study shows the specific, if not constitutive, ambivalences of EU border policies, and explores the emergence of viapolitics.

Bielefeld: transcript Verlag, 2020. 321p.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Edited By Mark Gibney, Gamze Erdem Türkelli, Markus Krajewski, Wouter Vandenhole

"The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration."

London; New York: Routledge, 2022. 500p.

Cambodia's Trafficked Brides: The Escalating Phenomenon of Forced Marriage in China

By Vireak Chhun, Lucia Bird, and Thi Hoang

The number of women travelling from Cambodia to China for forced or arranged marriages has surged since 2016 and experienced a further spike since the beginning of the COVID-19 pandemic. Many Cambodian women in arranged marriages with Chinese men, whether originally consensual or not, report finding themselves in remote areas and abusive contexts. China’s one-child policy, in force between 1979 and 2015, reportedly led to sex-selective abortions by families seeking a son instead of a daughter, creating a significant gender imbalance in the country. Driven by Chinese men’s search for a wife, especially in rural areas, thousands of women from Cambodia, Laos, Vietnam, Nepal, North Korea, Pakistan, and Myanmar are transported to China to wed. Although some travel knowing that they are to be married, others are deceived. Many report suffering violence, sex abuse and forced labour. Cambodian women and girls are coerced and forced into arranged and forced marriages through various means: some are deceived and promised a job in China; others are told they need a marriage certificate in order to be eligible for well-paid work (which is not the case); some are tricked and sold by their family members, relatives and acquaintances for a lump sum or the promise of a good marriage and better life in China.

Geneva: Global Initiative Against Transnational Organized Crime, 2022. 42p.

No Justice: Gender-Based Violence and Migration in Central America

By Natalie Gonnella-Platts, Jenny Villatoro, and Laura Collins

Violence against women and girls is often excluded from conversations on the nexus of Central American migration, regional development, and domestic immigration reform. Over the last half-century, topics such as economic empowerment, democracy, transparency, and security have dominated the root-causes conversation. The aim of these investments is to improve the overall stability and well-being of countries and communities in the region, but their effectiveness is limited by a failure to consider the impacts of gender-based violence on social and systemwide challenges. Though there has been increasing focus from US and international influencers on the levels of violence in El Salvador, Guatemala, and Honduras (known as the Northern Triangle) and its impact on migration, an adequate response to the gendered differences in the ways violence is perpetrated remains limited and at times nonexistent. This needs to change, especially since gender-based violence within the Northern Triangle constitutes a daily threat to women and girls—one that has been significantly worsened by corruption, weak institutions, and a culture of impunity toward perpetrators. At individual and community levels, gender-based violence drives women and girls to internal displacement, migration to the United States, or a somber third path—death either by femicide or suicide. At national levels, it seriously inhibits security, opportunity, and development. As circumstances at the southern border of the United States demonstrate, gender-based violence has a direct influence on migration flows across the region and is deeply tangled with cyclical challenges of inequity and poverty. For those who choose to seek assistance or flee their communities, high rates of revictimization and bias further obstruct access to justice and safety. Until policies and programs respond to the serious violations of agency and human rights perpetuated against women and girls (and within systems and society at large), instability in and migration from the Northern Triangle only stand to grow. As the United States and the international community consider a comprehensive plan on Central America and immigration reform, proposed strategies must anchor the status and safety of women and girls at the center of solutions

Washington, DC: Wilson Center, 2021. 24p.

The Nexus between Human Security and Preventing/Countering Violent Extremism: Case Studies from Bosnia and Herzegovina, Niger, and Tunisia

By The Soufan Center

Preventing/Countering Violent Extremism (P/CVE) approaches are unlikely to succeed in the long term without addressing a range of structural factors, specifically political, economic and social drivers including public perceptions of policing; the socio-economic exclusion of particular communities and ethnic, race, religion or gender groups; and the lack of economic opportunities for young people, all of which create the sense of injustice on which violent extremism feeds.

Washington, DC: The Soufan Center, 2020. 64p.

Dismantling Detention: International Alternatives to Detaining Immigrants

By Human Rights Watch

As the harmful effects of immigration detention become more widely known and the appropriateness of detaining migrants is increasingly questioned, governments are looking at alternatives to detention as more humane and rights-respecting approaches to addressing the management of migrants and asylum seekers with unsettled legal status. This report examines alternatives to immigration detention in six countries: Bulgaria, Canada, Republic of Cyprus, Spain, the United Kingdom, and the United States to highlight viable, successful alternatives that countries should implement before resorting to detention. While the report provides an analysis of specific alternatives to detention (often referred to as ATDs) in each country, it is not intended to provide a comprehensive overview of all alternative programs available.

Each country featured in this report has taken a different approach to alternatives to detention. Some focus more heavily on surveillance and others on a more person-centered, holistic approach. Ultimately, this report finds alternatives that place the basic needs and dignity of migrants at the forefront of policy, such as community-based case management programs, offer a rights-respecting alternative to detention while simultaneously furthering governments’ legitimate immigration enforcement aims.

New York: HRW, 2021. 103p.

"I Must Try to Make it Home Safe": Violence and the Human Rights of Transgender People in the United States

By Human Rights Watch

Since 1999, advocates have gathered to commemorate transgender victims of violence on November 20, the Transgender Day of Remembrance. As of November, 2021 was the deadliest year yet of anti-transgender violence in the United States, exceeding the record 44 transgender people whose deaths were recorded the year before. Violence and harassment against transgender people are widespread in the United States; as one transgender advocate told Human Rights Watch, virtually every transgender person can recount instances when they have felt fearful for their safety and security in public. Recent debates over transgender rights have increased the visibility of transgender rights, but have increased hostility toward transgender people as well, with lawmakers and media personalities unfairly demonizing transgender individuals as “mentally ill,” predatory, or dangerous. Reports suggest that bias-motivated crimes targeting transgender individuals are increasing, and incidents when transgender people narrowly escape violence, where transgender people are reluctant to report violence to police for fear of revictimization, or where law enforcement officers fail to document and respond to violence mean that estimates almost certainly undercount the scope and prevalence of these crimes. The topic of anti-transgender violence frequently appears in news coverage when fatal violence has occurred, and the number of people killed each year is often used as a rough proxy for bias-motivated violence against transgender people more generally. But transgender people are frequently subjected to other forms of violence, including harassment and violence from strangers, family violence, intimate partner violence, and police violence, which may be even less visible to lawmakers and the public.

New York: HRW, 2021. 71p.

“How Can You Throw Us Back?”: Asylum Seekers Abused in the US and Deported to Harm in Cameroon

By Human Rights Watch

“‘How Can You Throw Us Back?’: Asylum Seekers Abused in the US and Deported to Harm in Cameroon,” traces what happened to the estimated 80 to 90 Cameroonians deported from the United States on two flights in October and November 2020, and others deported in 2021 and 2019.

New York: HRW, 2022. 168p.

“Their Faces Were Covered”: Greece’s Use of Migrants as Police Auxiliaries in Pushbacks

By Human Rights Watch

The 29-page report “‘Their Faces Were Covered’: Greece’s Use of Migrants as Police Auxiliaries in Pushbacks,” found that Greek police are detaining asylum seekers at the Greece-Turkey land border at the Evros River, in many cases stripping them of most of their clothing and stealing their money, phones, and other possess

New York: HRW, 2022. 42p.

Closed Doors: Mexico’s Failure to Protect Central American Refugee and Migrant Children

By Human Rights Watch

Gang violence has plagued Central America’s “Northern Triangle” countries of El Salvador, Guatemala, and Honduras for more than a decade. Children are particularly targeted by gangs in these three countries. In Honduras, for example, over 400 children under age 18 were killed in the first half of 2014, most thought to be the victims of gang violence. Many more are pressured to join gangs, often under threat of harm or death to themselves or to family members. Girls face particular risk of sexual violence and assault by gang members. As a result of these and other risks to their lives and safety, children have been leaving these three countries, on their own and with family members, for years.

New York: HRW, 2016. 164p.

Trans-Mexican Migration: a Case of Structural Violence

By Felipe Jácome

This paper argues that the violence experienced by migrants crossing Mexico in their way to the United States needs to be understood as a case of structural violence. Based on several months of field work conducted along the migrant route in Mexico, the paper emphasizes that trans-Mexican migrants suffer not only from forms of direct violence such as beatings, kidnappings, and rape, but also endure great suffering from expressions of indirect violence such as poverty, hunger, marginalization, and health threats. Addressing trans-Mexican migration as a case of structural violence is also crucial in grasping the complex dynamics that characterize this violence, including the impunity and systematization of violence, and the social forces, policies, and institutions that perpetuate it.

Washington, DC: Georgetown University, Center for Latin American Studies, 2008. 38p.

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

Edited by Julia Planitzer and Helmut Sax

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

Cheltenham, UK; Northampton MA: Edward Elgar Publishing, 2020. 552p.

Transit Migration in Europe

Edited by Franck Düvell, Irina Molodikova & Michael Collyer

Transit migration is a term that is used to describe mixed flows of different types of temporary migrants, including refugees and labor migrants. In the popular press, it is often confused with illegal or irregular migration and carries associations with human smuggling and organized crime. This volume addresses that confusion, and the uncertainty of terminology and analysis that underlies it, offering an evidence-based, comprehensive approach to defining and understanding transit migration in Europe.

Amsterdam: Amsterdam University Press, 2014. 237p.

Irregular Migrants in Belgium and the Netherlands

By Masja van Meeteren

In 'Irregular Migrants in Belgium and the Netherlands', Masja van Meeteren studies the different ways in which irregular migrants live in Belgium and the Netherlands. The book offers an empirically grounded theoretical critique of the dominant research practice that focuses on 'survival strategies', relies on comparisons of migrant communities and overemphasizes structural explanations. Instead, Irregular Migrants takes irregular migrants´ aspirations as a starting point of analysis. Based on this innovative research approach, key questions are answered regarding the lives of irregular migrants. How can we understand their patterns of economic and social incorporation, the transnational activities they engage in, and the significance of different forms of capital? Drawing on intensive participant observation, as well as more than two hundred in-depth interviews with irregular migrants and representatives of organizations that are involved with them, Irregular Migrants develops much-needed contextualized insights. As such, it sheds new light on previous research findings and various deadlocked scholarly debates on irregular migrants in Western societies.

IMSCOE Research. Amsterdam University Press. 2014. 250p

The Governance of International Migration: Irregular Migrants' Access to Right to Stay in Turkey and Morocco.

By Aysen Ustubici

As concern about immigration has grown within Europe in recent years, the European Union has brought pressure to bear on countries that are allegedly not sufficiently governing irregular migration with and within their borders. This book looks at that issue in Turkey and Morocco, showing how it affects migrants in these territories, and how migrant illegality has been produced by law, practiced and negotiated by the state, other civil society actors, and by migrants themselves. Ayen Üstübici focuses on a number of different aspects of migrant illegality, such as experiences of deportation, participation in economic life, and access to health care and education, in order to reveal migrants' strategies and the various ways they seek to legitimise their stay.

Amsterdam: Amsterdam University Press, 2018. 249p.

Migrant Protest: Interactive Dynamics in Precarious Mobilizations

By Steinhilper, Elias

Migrant protest has proliferated worldwide in the last two decades, explicitly posing questions of identity, rights, and equality in a globalized world. Nonetheless, such mobilizations are considered anomalies in social movement studies, and political sociology more broadly, due to 'weak interests' and a particularly disadvantageous position of 'outsiders' to claim rights connected to citizenship. In an attempt to address this seeming paradox, this book explores the interactions and spaces shaping the emergence, trajectory, and fragmentation of migrant protest in unfavourable contexts of marginalization. Such a perspective unveils both the odds of precarious mobilizations, and the ways they can be temporarily overcome. While adopting the encompassing terminology of 'migrant', the book focuses on precarious migrants, including both asylum seekers and 'illegalized' migrants.

Amsterdam: Amsterdam University Press, 2021. 205p.

Safe Migration and the Politics of Brokered Safety in Southeast Asia

By Sverre Molland

The book investigates how the United Nations, governments, and aid agencies mobilise and instrumentalise migration policies and programmes through a discourse of safe migration. Since the early 2000s, numerous non-governmental organizations (NGOs), UN agencies, and governments have warmed to the concept of safe migration, often within a context of anti-trafficking interventions. Yet, both the policy-enthusiasm for safety, as well as how safe migration comes into being through policies and programs remain unexplored. Based on seven years of ethnographic fieldwork in the Mekong region, this is the first book that traces the emergence of safe migration, why certain aid actors gravitate towards the concept, as well as how safe migration policies and programmes unfold through aid agencies and government bodies. The book argues that safe migration is best understood as brokered safety. Although safe migration policy interventions attempt to formalize pre-emptive and protective measures to enhance labour migrants’ well-being, the book shows through vivid ethnographic details how formal migration assistance in itself depends on – and produces – informal and mediated practices. The book offers unprecedented insights into what safe migration policies look like in practice. It is an innovate contribution to contemporary theorizing of contemporary forms of migration governance and will be of interest to sociologists, anthropologists, political scientists, and human geographers working within the fields of Migration studies, Development Studies, as well as Southeast Asian and Global Studies.

London; New York: Routledge, 2022. 229p.