Open Access Publisher and Free Library
11-human rights.jpg

HUMAN RIGHTS

HUMAN RIGHTS-MIGRATION-TRAFFICKING-SLAVERY-CIVIL RIGHTS

Posts in violence and oppression
Corporate Crimmigration

By Brandon L. Garrett

Immigration laws are not just criminally enforced against individuals, but also corporations. For individuals, “crimmigration” is pervasive, as federal immigration prosecutions are a mass phenomenon. More than a third of the federal criminal docket—nearly 40,000 cases each year—con sists of prosecutions of persons charged with violations of immigration rules. In contrast, prosecutors rarely charge corporations, which are required to verify the citizenship status of employees. This Article sheds light on this unexplored area of corporate criminal law, including by presenting new empirical data. In the early 2000s, corporate immigration enforcement for the first time increased in prominence. During the Obama Administration, this trend accelerated, with a total of 101 corporate immigration prosecutions brought, and record penalties imposed. Under the Trump Administration so far, however, there have been just seven corporate immigration prosecutions, and the only large cases have been legacy matters from the prior Administration. This Article does not suggest that workplace immigration screening and enforcement, much less criminal enforcement, is desirable. Instead, this Article explores how corporate charging dynamics may exacerbate tensions inherent in criminalizing immigration in the workplace. This Article contrasts the mass prosecution of individuals, under strict zero-tolerance rules, with the leniency-oriented approach towards firms that carefully considers collateral consequences, to shed light on internally conflicted federal policy at the intersection of corporate and immigration law. Now that the federal criminal dockets have become dominated by immigration enforcement, the problem of “corporate crimmigration” deserves more urgent attention.

360 I. II. UNIVERSITY OF ILLINOIS LAW REVIEW TABLE OF CONTENTS [Vol. 2021]

Domestic violence screening and response for refugee women in settlement services:

By Jo Spangaro, Nigel Spence, Jacqui Cameron, Kelsey Hegarty, et al.

Around one third of refugee women in Australia are estimated to have experienced domestic violence (DV) and many face multiple post-migration challenges. Universal screening for domestic violence, and response, is recommended for women in priority populations and has been implemented in health services across diverse jurisdictions. Universal screening for domestic violence involves asking all women a small number of standardised and validated questions about experiences of violence at home. Asking women directly about experiences of abuse increases disclosure and creates opportunity for supportive intervention. However, this is untested with refugee women accessing settlement services.

The Safety and Health after Arrival (SAHAR) study introduced and evaluated a culturally tailored DV identification and response strategy with women accessing five refugee settlement services in NSW, Australia, four in the greater Sydney area and one regional NSW site.

This report finds the SAHAR intervention was effectively implemented by the settlement service providers. The relatively high disclosure rate, and high levels of acceptance of the intervention with both refugee women and settlement staff, demonstrate the feasibility of culturally tailored, universal DV screening and response in settlement services. Successful implementation of DV screening and response requires: planning and preparation, organisational commitment, training, translated tools and resources, staff support during implementation, guidelines and referral protocols.

Wollongong, AUS: University of Wollongong 2024. 34p.

Migrant and refugee women: A national study of experiences of, understandings of and responses to sexual harassment in the workplace

By Marie Segrave, Shih Joo Tan, Rebecca Wickes, Chloe Keel, Nuria Alarcón Lopez

This report presents the findings of research on migrant and refugee women’s attitudes about, experiences of and responses to workplace sexual harassment, highlighting the complexity of what it means to be “safe” at work and illustrating the ways in which sexual harassment intersects with other forms of workplace harms, such as racial discrimination and exploitative work conditions.

Disempowerment and power imbalances, such as those related to race, gender, disability or sexuality, can amplify the impacts of workplace sexual harassment; despite this, little evidence exists to guide government and employers in preventing and addressing the specific harms of workplace sexual harassment for migrant and refugee women.

The first report from this project, released in 2023, surveyed 701 women who identified as migrant or refugee and found that 46 per cent of respondents had experienced workplace sexual harassment. This final report from the project brings together the survey data with the qualitative phase of the study. While the findings from this report are not generalisable, they offer important insights into migrant and refugee women’s experiences of safety in the workplace.

Key practice and policy recommendations

Reduce siloing of different policy areas that seek to address various forms of workplace harm for migrant and refugee women

Evaluate, redevelop and better align the existing reporting mechanisms that respond to aspects of unsafe or exploitative work practices

Invest in safe work services external to employers that can ensure culturally responsive approaches for working women in every state and territory.

Emphasise proactive and transparent action in response to workplace sexual harassment that ensures women can remain employed and their career progression unimpacted

Extend exit interviews and complaints timelines to capture longer periods following cessation of employment so that women have the opportunity to report once they feel safe in another job or have citizenship or permanent residency.

Australia's National Research Organisation for Women's SafetyANROWS, 2024.

Facing the Legacy of US-Sponsored Torture, Indefinite Detention, and Drone Warfare

By Elisabeth Weber

Kill Boxes addresses the legacy of US-sponsored torture, indefinite detention, and drone warfare by deciphering the shocks of recognition that humanistic and artistic responses to violence bring to consciousness if readers and viewers have eyes to face them. Beginning with an analysis of the ways in which the hooded man from Abu Ghraib became iconic, subsequent chapters take up less culturally visible scenes of massive violations of human rights to bring us face to face with these shocks and the forms of recognition that they enable and disavow. We are addressed in the photo of the hooded man, all the more so as he was brutally prevented, in our name, from returning the camera’s and thus our gaze. We are addressed in the screams that turn a person, tortured in our name, into howling flesh. We are addressed in poems written in the Guantánamo Prison camp, however much American authorities try to censor them, in our name. We are addressed by the victims of the US drone wars, however little American citizens may have heard the names of the places obliterated by the bombs for which their taxes pay. And we know that we are addressed in spite of a number of strategies of brutal refusal of heeding those calls. Providing intensive readings of philosophical texts by Jean Améry, Jacques Derrida, and Christian Thomasius, with poetic texts by Franz Kafka, Paul Muldoon, and the poet-detainees of Guantánamo Bay Prison Camp, and with artistic creations by Sallah Edine Sallat, the American artist collective Forkscrew and an international artist collective from Pakistan, France and the US, Kill Boxes demonstrates the complexity of humanistic responses to crimes committed in the name of national security. The conscious or unconscious knowledge that we are addressed by the victims of these crimes is a critical factor in discussions on torture, on indefinite detention without trial, as practiced in Guantánamo, and in debates on the strategies to circumvent the latter altogether, as practiced in drone warfare and its extrajudicial assassination program.

Brooklyn, NY: punctum books, 2017. 276p.


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

By Peter Nagle and Richard Summerrell

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

National Archives of Australia. 1996. 85p.

Holding the Government Accountable: Missing Indigenous Deaths in Custody

By Maren Machles

“This is one of 16 deaths in custody detailed in a report the Bureau of Indian Affairs (BIA) commissioned in 2021. The details of what took place and who this individual was are vague because the report was heavily redacted. The agency hired an outside contractor to review the investigations of 16 deaths that took place in a handful of the more than 90 detention centers the BIA operates and/or funds on tribal lands. The BIA has yet to publish the report. However, POGO’s analysis of a redacted version of the report, obtained under the Freedom of Information Act (FOIA), raises troubling questions about the BIA’s compliance with federal requirements around reporting deaths in custody, whether those deaths are being adequately counted and investigated by the agency, and whether proposed reforms would address why these deaths occur in the first place.”

Program on Government Oversight. POGO. June 27. 2023. 9p.

The Life and Struggles of Negro Toilers

By George Padmore

Oppression of Negro Toilers: The document details the severe exploitation and oppression of Negro workers across various regions, including British, French, Belgian, Portuguese, Spanish, and Italian Africa.

Black Slaves in the New World: It discusses the conditions of black slaves in the United States, the West Indies, and Latin America, highlighting the brutal realities of slavery and its lasting impacts.

Revolutionary Movements : The document describes the awakening and revolutionary movements among Negro workers in different regions, emphasizing their struggles for freedom and better living conditions.

Imperialist Exploitation: It outlines the role of imperialist powers in exploiting Negro workers and the economic and social challenges faced by these communities under imperialist rule.

Read-Me.Org, 2024, 126 pages

THIRTY YEARS OF LYNCHING IN THE UNITED STATES 1889-1918

National Association for the Advancement of Colored People

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

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

Why Genocide? The Armenian and Jewish Experiences in Perspective

By Florence Mazian

Purpose of Study: The study aims to understand why genocide is chosen as a solution to problems, using a theoretical framework based on collective behavior.

Historical Context: It examines the Armenian Genocide and the Jewish Holocaust, detailing the social, political, and economic conditions that led to these events.

Theoretical Framework: The study develops a theory of genocide with six determinants, including the creation of "outsiders," internal strife, and powerful leadership with territorial ambitions.

Genocide Dynamics: It highlights how various factors interact dynamically to make genocide a "practical" solution, emphasizing the importance of understanding these dynamics to prevent future genocides.

Iowa State University Press, 1990, 291 pages

Strategies of Slaves & Women : Life-Stories from East/Central Africa

By Marcia Wright

This book explores life stories from East/Central Africa, focusing on the experiences of ex-slaves and women, their strategies during times of peril, and their consciousness and changing circumstances before World War I. It is divided into two parts, with the first part titled "Women in Peril" featuring narratives of individual women, and the second part "History at the Turn"providing essays that contextualize the narratives within broader historical settings. The work reflects interdisciplinary research, drawing from feminism, African social history, and studies on slavery, aiming to uncover the history of women and slaves in Africa's internal and external history. It also discusses the challenges of interpreting personal narratives within historical contexts. Finally, the book highlights the need for further research and interdisciplinary exchange to deepen the understanding of the subject matter.

Lilian Barber Press, 1993, 238 pages

Slavery and the Politics of Liberation 1787-1861

By Johnson U. J. Asiegbu

British Anti-Slavery Policy: The book explores the development ofBritish anti-slavery policy from 1787 to 1861, focusing on the SierraLeone settlement and the emigration of liberated Africans.

Emigration Challenges: It discusses the challenges and controversies surrounding the 'voluntary' emigration of liberated Africans under government control.

Labour Recruitment: The book examines the techniques used for labor recruitment, including the role of the Coastal Squadron and Vice-Admiralty Courts

Historical Context: It provides a detailed historical context, referencing various primary sources and documents related to the British anti-slavery movement and liberated African emigration

Africana Publishing Corporation, 1969, 231 pages

Slavers in Paradise : The Peruvian Slave Trade in Polynesia, 1862-1864

By H. E. Maude

Peruvian Slave Trade: The document details the Peruvian slave raids inPolynesia during 1862-1864, highlighting the impact on various island communities

Routes and Voyages: It describes the main routes taken by ships from Callao, Peru, to different Polynesian islands, including the Northern, Southern, and Central routes.

Polynesian Experience: The narrative includes personal accounts and the experiences of Polynesian islanders who were kidnapped or deceived into servitude.

Historical Context: The document provides a broader historical context, linking the events to the wider history of Pacific and Latin American interactions.

Stanford University Press, 1981, 244 pages

Sinews of Empire : A Short History of British Slavery

By Michael Craton

British Slave Trade: The British slave trade evolved from state-granted monopolies to free trade, with significant state involvement throughout.

African Companies: Various companies, such as the Company of Adventurers and the Royal African Company, played key roles in the trade, facing challenges from interlopers and European rivals.

Trade Goods: The trade involved a variety of goods, including textiles, metals, and liquor, which were exchanged for slaves.

Impact on Africa: The slave trade had profound effects on West African societies, including demographic changes and increased warfare.

Anchor Press, 1974, 413 pages

The Art of Riot in England and America

By Ronald Paulson

Art and Riot: The book explores the relationship between art and riot, using James Ensor's painting "The Entry of Christ into Brussels in 1889"as a model for the art of riot

Historical Context: It delves into various historical riots in England andAmerica, including the Gordon Riots and the Peterloo Massacre, and their representations in art and literature.

Literary Analysis: The book examines how riots are depicted in literature, with examples from authors like Charles Dickens, Charlotte Bronte, and John Steinbeck.

Theoretical Perspectives: It discusses the aesthetics and politics of riot, including the role of spectators and the concept of the sublime in the representation of riots.

Owlworks, 2010, 176 pages

Just War Against Terror

By Jean Bethke Elshtain

Just War Theory: The book explores the concept of a just war, particularly in the context of the War on Terror, and questions whether the war against terrorism can be considered just.

Critique of Humanism: The author critiques the naivety of "humanists" who believe in endless negotiation and fail to recognize the existence of evil.

American Responsibility: The book discusses America's role and responsibility in the world, emphasizing the need to defend its principles of freedom and democracy.

Misdescription of Terrorism: The author argues against them is description of terrorism and stresses the importance of accurately describing events to maintain moral clarity.

Basic Books, Aug 4, 2004, 240 pages

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

By Jayne Caudwell

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

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

Slavery & Identity

By Mieko Nishida

●Thematic Focus: The book offers a new interpretation of urban slaveryin Salvador, Brazil, from 1808 to 1888, exploring the self-perceptions and identities of enslaved Africans and their descendants during theslavery regime, emphasizing factors like ethnicity, gender, and race.

●Structural Overview: It is divided into three parts, each examiningdifferent aspects of identity creation among African-born and Brazilian-born individuals, with chapters detailing the creation, representation,convergence, and re-creation of identities within the historical contextof New World slavery.

●Research Foundation: Nishida's work is grounded in primary sources and reflects her personal journey of identity search, paralleling the experiences of her subjects who navigated their identities amidst socio-political transitions in Brazil, such as the end of the transatlantic slave trade and the abolition of slavery.

Indiana University Press, 2003, 255 pages

Slavery in Dutch South Africa

By Nigel Worden

This book provides a comprehensive study of slavery in Dutch SouthAfrica, covering various aspects such as the historical context, the role of the Dutch East India Company (VOC), the economic impact of slavery, and the social dynamics between slaves and their masters. Here are some key insights.It details the establishment and growth of a slave society in South Africa under Dutch colonial rule from 1652 to 1795, and examines the economic aspects of slavery, including the profitability of slave labor and its integration into the colonial mercantilist system.It explores the relationships between slaves and their masters, the legal framework governing slavery, and the mechanisms of control and resistance within the slave society. The study places Cape slavery within a broader comparative framework, challenging traditional views and highlighting the complexities of the slave system at the Cape.These insights provide a nuanced understanding of the institution of slavery in Dutch South Africa and its implications for the region's history and development

Cambridge University Press, 1985 , 107 pages

The Slave Trade of Eastern Africa

By R.W Beachy

This book provides a comprehensive historical account of the EasternAfrican slave trade, tracing its origins from ancient times to the 19th century. It covers the extensive geographical area involved in the slavetrade, including the East African coast, Arabian Peninsula, and beyond.The influence of Portuguese, French, and British involvement in the region is discussed, highlighting their roles in the trade dynamics.Evidentiary documents include treaties, historical records and personal accounts that offer a glimpse into the realities of the slave trade in East Africa during different periods.

Rex Collings London, 1976, 140 pages