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Posts in Human Rights
Human Trafficking: Issues Beyond Criminalization

By The Pontifical Academy of Social Sciences

There are two statements that Pope Francis has constantly repeated from the beginning of his Pontificate: that ‘Human Trafficking is Modern Slavery’ and that this practice is a ‘Crime against Humanity’. PASS endorses both without reservation having, in fact, been the first to coin the latter phrase. However, each statement merits closer inspection because they denote rather different issues. Both have been crucial in shaping the leadership that the Catholic Church has assumed and the agenda she has adopted in spearheading a social movement opposing this morally horrendous treatment of human persons. As many social scientists have noted, today’s digital media make initial protests and demonstrations by new social movements easier to organize than ever before. Conversely, to hold a movement together whilst pushing its agenda forward remains as difficult as ever. The latter is where our Academy (in fact, the two Academies) can make a contribution. We are not ‘beyond moral outrage’; that remains our constant bedrock. However, it also requires a clearer definition of what new social provisions are needed not merely to eliminate Human Trafficking quickly but to restore respect – and self-esteem – to those whose human dignity has been assaulted and battered through the process of being trafficked. It is to this that the first statement points unequivocally.

Vatican City, The Pontifical Academy of Social Sciences Acta 20, 2016. 522p.

Global Study on Smuggling of Migrants 2018

By United Nations Office on Drugs and Crime

This study shows that migrant smuggling routes affect every part of the world. It is based on an extensive review of existing data and literature. The study presents detailed information about key smuggling routes, such as the magnitude, the profiles of smugglers and smuggled migrants, the modus operandi of smugglers and the risks that smuggled migrants face. It shows that smugglers use land, air and sea routes – and combinations of those – in their quest to profit from people’s desire to improve their lives. Smugglers also expose migrants to a range of risks; violence, theft, exploitation, sexual violence, kidnapping and even death along many routes.

New York: University Nations, 2018. 170p.

ASEAN and Trafficking in Persons: Using Data as a Tool to Combat Trafficking in Persons

Edited by Fiona David

The report explores how proper data collection and use can combat trafficking. It defines relevant terms and how country case studies (Thailand, Indonesia, the Philippines, and Cambodia) highlight concepts, successes and missteps in practice.

Geneva, SWIT: International Organization for Migration, 2006. 164p.

Migrant Smuggling Data and Research: A global review of the emerging evidence base

Edited by Marie McAuliffe and Frank Laczko

Migrant Smuggling Data and Research: A global review of the emerging evidence base presents a unique review of what is being collected and what can be done to further build the evidence base on migrant smuggling globally. The report is the result of a collaboration between the International Organization for Migration and researchers from a range of backgrounds and academic disciplines, and supported by the Government of Turkey.

The report shows that important research has been undertaken on the transnational crime aspects of migrant smuggling, including on routes, smuggling organization (such as criminal networking and facilitation), smuggler profiles and fees/payment. Likewise, there is an emerging academic literature on migrant smuggling, particularly the economic and social processes involved in smuggling, which has largely been based on small-scale qualitative research, mostly undertaken by early career researchers. Contributions from private research companies, as well as investigative journalists, have provided useful insights in some regions, helping to shed light on smuggling practices. There remains, however, sizeable gaps in migration policy research and data, particularly in relation to migration patterns and processes linked to migrant smuggling, including its impact on migrants (particularly vulnerability, abuse and exploitation), as well as its impact on irregular migration flows (such as increasing scale, diversity and changes in geography). Addressing these systemic and regional gaps in data and research would help deepen understanding of the smuggling phenomenon, and provide further insights into how responses can be formulated that better protect migrants while enhancing States’ abilities to manage orderly migration.

Geneva, SWIT: International Organization for Migration, 2016. 340p.

The Libyan Migration Corridor

By Sylvie Bredeloup and Olivier Pliez

Since the mid 1990s, the media have directed our attention to the thousands of Southern Sahara Africans who take life threatening risks crossing the Mediterranean Sea and Atlantic ocean. Their numbers on migratory routes leading to Europe are increasing, joining up, especially in the “Libyan crossroad” with North Africans, Egyptians and even Asian migrants on the same quest. This image reflects reality, but only partially so, for it leads one to believe that these migrants cross the Sahara in the hope of reaching Europe. It should be pointed out that one of the main misunderstandings when evoking these migrations flows is to reduce them to the act of crossing the straits of the Mediterranean Sea. Since the 1990s, the Libyan case exemplifies the way the multilateral (EU-Maghreb) or bilateral (Libya-Italy) political negotiations between the two shores of the Mediterranean sea rapidly focus on the figure of the “illegal sub-Saharan migrant in transit”. This simplistic view is dangerous because it erases the historical dimension of the movement of people and its consequences. The Sahara is not merely a desert to be crossed; it is an area that has been shaped for more than half a century by the various migrant, trader or pastoral communities who have contributed to its massive urbanisation and economic development. At the same time, the reorganization of African migration is affected by the inflation of tensions, border and police controls, the diversification of routes between Niger, Chad Sudan and Libya consequently contributes to the perpetuation of transit spaces. There are tens of thousands of these migrants who settle down more or less durably in these new transit areas dependants on opportunity, status controls, and expulsions. But these transit areas have also become places where migrants seek employment, create new economic activities, or develop new skills while working, studying or practicing other tongues. As migration patterns across the Sahara are reconfigured, the impact is more visible in some places. But their durability should not be taken for granted. Villages specialised in the transit economy may easily decline as new diplomatic relations are formed between countries of immigration and third countries

Florence, Italy: European University Institute. 2011. 23p.

Tri-border Transit: Trafficking and Smuggling in the Burkina Faso–Côte d’Ivoire–Mali Region

By Roberto Sollazzo and Matthias Nowak

The tri-border area between Burkina Faso, Côte d’Ivoire, and Mali has long been an important zone of commerce for West Africa, and a key transit route for the trade flowing between the Gulf of Guinea, the Sahara, Sahel, and Mediterranean. In recent years, however, smuggling and trafficking has risen in the subregion because of the growing demand for illicit goods and firearms. This demand is fueled by communities’ need for self-defense due to banditry and the increased presence of jihadist groups; needs of traditional hunters and non-state security providers; and the ecosystem around artisanal and small-scale gold mining in which criminals seek weapons to target the miners who in turn equip themselves with firearms for protection against attacks. These dynamics heighten the risk of insecurity and instability. Tri-border Transit: Trafficking and Smuggling in the Burkina Faso–Côte d’Ivoire–Mali Region, by the Survey's Security Assessment in North Africa (SANA) project, takes a detailed look at the actors enabling smuggling and arms trafficking in the region, identifies the drivers of this traffic, and analyzes the impacts on local communities. The paper finds that there are three key trafficking axes in the area and that states are largely unable to control their borders and prevent these activities. The study also shows that illicit firearms are often trafficked together with other smuggled goods such as gold or drugs, using the ant trade method.

Geneva: Small Arms Survey, 2020. 20p.

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. This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation.

Edward Elgar. Cheltenham, UK + Northampton, MA, USA. 2020. 563p.

Links between Terrorism and Migration: An Exploration

By Alex P. Schmid

This Research Paper explores and questions some assumed causal links between terrorism on the one hand and (forced and irregular) migration on the other. The paper delves into the role that state and non-state terrorism might have in causing migration as well as analysing if and how refugees’ camps and the diaspora community might be a target for radicalisation. One of the findings of the paper is how migration control for the control of terrorism is a widely used instrument however, it might hurt bona fide migrants and legal foreign residents more than mala fide terrorists. Finally, this Research Paper offers recommendations that can go some way towards disentangling the issues of (refugee) migration and terrorism

The Hague: International Centre for Counter Terrorism (ICCT) , 2016. 63p.

Palermo Protocol & Canada Ten Years On: The Evolution and Human Rights Impacts of Anti-Trafficking Laws (2002-2015)

By Hayli Millar, and Tamara O’Doherty

The Palermo Protocol & Canada Ten Years On: The Evolution and Human Rights Impacts of Anti-Trafficking Laws in Canada is a comprehensive study of Canada’s use of anti-trafficking legislation evaluating the stated intentions and actual effects of national anti-human trafficking laws, in the more than ten years since Canada ratified the international treaty. Our primary goals were to contribute to knowledge uptake of marginalized groups and to foster increased communication between sectors working on similar issues, with the fundamental purpose of improving access to justice for im/migrant sex workers.

Vancouver, Canada: International Centre for Criminal Law Reform - ICCLR, 2015. 115p.

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.

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.

“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.

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.

Conceptualizing Femicide as a Human Rights Violation: State Responsibility Under International Law

By Angela Hefti

This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights. Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.

Cheltenham, UK; Northampton, MA:: Edward Elgar Publishing, 2022. 330p.

Genocide: New Perspectives on its Causes, Courses and Consequences

Edited by Uğur Ümit Üngör

The twentieth century has been called, not inaccurately, a century of genocide. And the beginning of the twenty-first century has seen little change, with genocidal violence in Darfur, Congo, Sri Lanka, and Syria. Why is genocide so widespread, and so difficult to stop, across societies that differ so much culturally, technologically, and politically? [-]That's the question that this collection addresses, gathering a stellar roster of contributors to offer a range of perspectives from different disciplines to attempt to understand the pervasiveness of genocidal violence. Challenging outdated beliefs and conventions that continue to influence our understanding, Genocide constitutes a major contribution to the scholarship on mass violence.

Amsterdam: Amsterdam University Press, 2016. 279p.