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HUMAN RIGHTS

Human Rights-Migration-Trafficking-Slavery-History-Memoirs-Philosophy

Dark webs: Uncovering those behind forced labour on commercial fishing fleets

By Alfonso Daniels, Matti Kohonen, Eloy Aroni, Mariama Thiam

Forced labour in the fisheries sector is increasingly being recognised as a widespread human r1 The ILO provides a framework of 11 forced labour crisis. Forced labour is defined by the International Labour Organization (ILO) – the UN agency that sets up labour standards to ensure decent working conditions – as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”0rced labour risk indicators that apply to the fishing sector, including indicators such as debt-bonded labour, and abusive working and living conditions.02

Boston: Financial Transparency Coalition , 2023. 74p.

Labour exploitation and other work-related crime: a problem analysis and prevention framework.

By Stijn Aerts

Key takeaways 1. Work-related crime refers to all infractions of laws and regulations regarding salary and employment, benefits, taxes and duties. This includes labour exploitation, forced labour, and trafficking in human beings for labour exploitation, as well as all criminal activities that may be related to, or indicative of, these crimes: benefit fraud, tax evasion and money laundering, breaching workplace safety regulations, salary extortion, and so on. 2. Labour exploitation is a particularly harmful crime. First, there is the direct harm (physical, psychological and economic) to victims. Second, exploitation creates unfair competition, having a negative effect on the legal economy and labour market. Third, unfair competition in trade and labour markets, and illegally acquired wealth, may erode trust in institutions and European values. 3. Exploiters make profit through a series of cost-cutting and revenue-generating actions. They save on wages, a safe work environment, taxes and social benefit contributions. Revenue is generated by asking inflated prices for recruitment and housing, by committing different types of benefit fraud, and by out-competing competitors. 4. Offenders use (seemingly) legal business structures and labour mobility options (including posted labour) to create intricate, often international, subcontracting chains that serve to hide illegal activity from plain sight and hamper investigations. 5. There are different prevention strategies, each with their own benefits and disadvantages. Victim-oriented approaches include awareness programmes for potential victims, as well as victim identification and assistance. Buyer-oriented strategies target both personal and corporate buyers, and aim to shrink the market for services and goods produced by exploited labour. Offender-oriented approaches have the objective to create an environment that is risky and unrewarding for offenders to operate in. The latter may be achieved by a mix of criminal justice and administrative probes that benefits from increased information sharing between authorities and across borders.

Brussels: European Crime Prevention Network - EUCPN. 2023. 40p.

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

Negro Slavery In The Sugar Plantations of Veracruz And Pernambuco 1550-1680

By Gerald Cardoso

Certainly! Here are the key insights from the document:

Historical Context: The study examines the institution of slavery in the sugar plantations of Veracruz and Pernambuco between 1550-1680, comparing the Spanish and Portuguese colonial systems.

Economic Impact: Slavery was crucial for the economic development of the colonies, influencing labor practices and contributing to the prosperity generated by the sugar industry.

Cultural Influence: The interaction between the ruling and subservient groups, as well as between whites and people of color, shaped a multitude of cultural mores and attitudes[^1^][1].

Resistance and Rebellion: The document highlights the persistent struggle for freedom by enslaved individuals, including the formation ofquilombos (maroon communities) and the notable resistance led byfigures like Zumbi in Palmares.This summary captures the essence of the document's exploration of slavery'srole in colonial Latin America.

University Press of America, 1983, 211 pages

Human Cargoes

By Calin A. Palmer

●Series Overview: The document lists a series of books under the title "Blacks in the New World," which explore various aspects of AfricanAmerican history and the African diaspora, including topics like black business, colonization, politics, and slavery.

●Specific Focus:One book, "Human Cargoes: The British Slave Trade toSpanish America, 1700-1739" by Colin Palmer, is highlighted, detailingthe British slave trade's impact on Spanish America and the experiences of African slaves[^1^][1].

●Research Significance: The work emphasizes empirical research to shed light on lesser-known aspects of black history, particularly the formative years of African presence in the Americas.

●Methodological Approach: The author, Colin Palmer, uses original archival research to analyze the organization, structure, and profitability of the British slave trade during the asien to years, focusing on the SouthSea Company's role.The document provides a comprehensive look at the historical context and the intricate details of the slave trade, reflecting a deep exploration into this dark chapter of history.

University of Illinois Press, 1981, 183 pages

Kevin Pico
Humanitarian Imperialism : The Politics of Anti-Slavery Activism 1880-1940

By Amalia Ribi Forclaz

Humanitarian Imperialism examines anti-slavery activism between 1880-1940 and its entanglement with religious and political powers, diplomatic affairs, and military actions. It highlights the emergence of Catholic anti-slavery organizations in Europe, their efforts to raise awareness about African slavery, and their collaboration with established British societies to influence public and political spheres. The book provides an in-depth analysis of the campaign against slavery in Ethiopia, illustrating the complex interactions between British and Italian activists, missionaries, colonial authorities, and the League of Nations.. Finally, it reveals a transition in anti-slavery activism, influenced by the rise of totalitarian regimes and the changing international context during the interwar years, leading to a critical assessment of the relationship between humanitarian internationalism and imperialism.

Oxford University Press, 2015, 243 pages

Human Rights in World History

By Peter N. Stearns

"Human Rights in World History" by Peter N. Stearns presents a comprehensive exploration of the evolution of human rights across diverse cultures and time periods. Through meticulous research and insightful analysis, Stearns examines the varying interpretations and implementations of human rights throughout history, shedding light on the complex interplay between societal norms, governance, and international relations. This authoritative work offers a valuable perspective on the ongoing struggle for universal human rights and their significance in shaping our contemporary world.

Routledge, 2012, 967 pages

The Philosophy of Human Rights

Edited by Alan S. Rosenbaum

"The Philosophy of Human Rights," edited by Alan S. Rosenbaum, delves into the complex moral and ethical foundations of human rights. This comprehensive collection of essays examines the philosophical underpinnings of human rights, offering diverse perspectives on the fundamental principles that guide our understanding of individual liberties and social justice."

Greenwood Press, 1980, 272 pages

Cape of Torments Slavery and Resistance in South Africa

By Robert Ross

Cape of Torments: Slavery and Resistance in South Africa by Robert Ross offers a comprehensive exploration of the history of slavery in the Cape Colony. Ross delves into the complexities of the institution of slavery in South Africa, shedding light on the experiences of enslaved individuals and their acts of resistance. Through meticulous research and analysis, Ross uncovers the harsh realities faced by slaves in the Cape Colony while also highlighting their resilience and efforts to challenge the system of oppression. A thought-provoking and compelling read, Cape of Torments provides valuable insights into a crucial chapter of South Africa's past.

Taylor & Francis, 2022, 174 pages

American Slaves in Victorian England

By Audrey Fisch

"American Slaves in Victorian England" by Audrey Fisch sheds light on the often overlooked history of American slaves who found themselves in England during the Victorian era. Through meticulous research and compelling narratives, Fisch explores the experiences, challenges, and triumphs of these individuals as they navigated a society far from home. This book provides a thought-provoking glimpse into a lesser-known aspect of both American and British history, offering a fresh perspective on the complexities of race, identity, and freedom in the 19th century.

Cambridge University Press, 2000, 139 pages

The African Presence in Asia

By Joseph E. Harrris

The African Presence in Asia by Joseph E. Harris examines the historical interactions between Africa and Asia, shedding light on the often overlooked narratives of African presence and influence in Asian societies. Through meticulous research and compelling narratives, Harris uncovers the complexities of these cross-continental connections, challenging traditional perspectives on global history. This groundbreaking book is essential reading for anyone interested in understanding the interconnectedness of diverse cultures and the untold stories that have shaped our world.

Northwestern University Press, 1971 - 156 pagine

A Modern Slavery

A Modern Slavery By Henry W. Nevinson

This book, first published in 1906 provides a factual account of slavery in the Portuguese colony of Angola. Nevinson describes the brutal conditions of slavery, the slave trade routes, and the impact on African societies, emphasizing the inhumanity and suffering caused by the slave trade.The book mentions the work of missionaries in Africa, highlighting their efforts to provide education, medical care, and a message of peace, despite the challenges posed by colonial exploitation. The author  criticizes the Portuguese colonial system for perpetuating slavery and forced labor, particularly in the cultivation of cocoa on the islands of San Thome and Principe, leading to widespread suffering and death among the enslaved population.

Knopf Doubleday Publishing Group, 1968 - 252 pages

African Slaves and African Masters

By Christine E. Sears

The book examines the impact of African-American abolitionists in England during the 1850s, highlighting their efforts to present the slave experience and stimulate opposition to American slavery.It explores how the campaign intersected with various English issues such as Victorian literary market changes, class and gender tensions, and national identity questions.Despite its popularity, the abolitionist campaign inadvertently reinforced English nationalism, becoming a point of interest for students of African-American studies and 19th-century literature and history[^2^][2].

Springer, 2012, 240 pagws

Sheriffs, State Troopers, and the Spillover Effects of Immigration Policing

By Huyen Pham & Pham Hoang Van.

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, non-signatory law enforcement agencies. Using 18 million traffic stops drawn from the Stanford Open Policing Project, we find that the agreements caused state troopers in North Carolina and South Carolina to stop Hispanic drivers more often than White drivers, in order to funnel them into the intensive immigration screening conducted by signatory LEAs at the shared jails. Because trooper agencies did not sign the agreements, statistical associations between the presence of agreements and the differential treatment of drivers by race are not contaminated by unobserved confounding factors. Our identification of these previously unnoticed spillover effects raises important policy questions about the program’s impact and the adequacy of existing legal and administrative controls.

Arizona Law Review, 2022. 41p.

Crimmigration and the Legitimacy Of Immigration Law

By JULIET P. STUMPF 

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of immigration law. This Article explores the significance of crimmigration for the procedural legitimacy of immigration law. Seminal scholars of psychological jurisprudence have concluded that perceptions about procedural justice—whether the law and legal authorities treat people fairly—are often more important than a favorable outcome, such as winning a case or avoiding arrest. Crimmigration introduces procedural deficiencies into immigration law that may undermine people’s perceptions of its legitimacy. These deficiencies, seen through the lens of psychological jurisprudence, mean that individuals and institutions are less likely to trust immigration law and cooperate with immigration authorities. This Article applies specific criteria that jurisprudential psychologists have shown influence perceptions about justice. It predicts that the core procedural deficiencies of crimmigration—which bar access to immigration benefits, undermine procedural safeguards for fair and accurate outcomes, and embed racialization into immigration enforcement—will undermine perceptions about the legitimacy of immigration law. This has important implications for immigration reform. If immigration enforcement lacks procedural justice, any compromise struck with crimmigration at its core will exacerbate public distrust of immigration law.

Arizona Law Review, 2023. 47p.

Immigration Detention is Never “Presumptively Reasonable”: Strengthening Protections for Immigrants with Final Removal Orders

By Elizabeth Hannah

Immigration detention is a central feature of the United States’ immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government’s reliance upon immigration detention has grown, the Supreme Court has systematically stripped noncitizens of important substantive and procedural protections. This is especially true in the post-removal-order context, where a series of recent decisions have placed more people than ever at risk of prolonged detention without a bond hearing. Three cases in particular—Johnson v. Guzman Chavez (2021), Johnson v. Arteaga-Martinez (2022), and Garland v. Aleman Gonzalez (2022)—have increased the likelihood that noncitizens subject to post-removal-order detention will remain incarcerated for months or years, even if they have pending claims for relief. This Note describes each of these three cases and explains how, together, they severely undermine the rights of noncitizens with final removal orders. This Note further argues that people facing post-removal-order detention should be entitled to rigorous due process protections. Even though detention constitutes a clear deprivation of liberty, the Supreme Court has held that six months of post-removal-order detention is “presumptively reasonable.” This Note criticizes that premise and asserts that no period of immigration detention is presumptively reasonable. In other words, even if the Court had decided Guzman Chavez, Arteaga-Martinez, and Aleman Gonzalez in favor of the noncitizen plaintiffs, the existing framework would still be insufficient to protect immigrants in post-removal-order detention from experiencing protracted and unnecessary trauma. This Note therefore posits that, at minimum, immigrants with final removal orders should receive a bond hearing before an immigration judge at the close of the 90-day mandatory detention period. While more radical solutions like detention abolition are ultimately in order, a 90-day bond hearing requirement would at least provide noncitizens facing post-removal-order detention a meaningful opportunity to secure release from custody.

Arizona Law Review, 2023. 36p.

INDECENT EXPOSURE and the Court as Custodian of Morals

By Bruce Davis

This is the first comprehensive study of the history and evolution of American indecent exposure laws. The study informs a critical analysis of the role of courts as custos morum, or custodian of the morals. It contains a detailed constitutional analysis of legal management of morality.

The laws are a cornerstone of government regulation of morals, with roots tracing back to seventeenth century English and American cases, laws, and regulations. The state interests protected by indecent exposure laws focus on deterring public behaviors contrary to prevailing moral order and protecting the public from offense or alarm. As moral authority has shifted away from Christianity, the moral authority supporting maintenance of moral order have diminished and fragmented, leaving nuisance as the main justification. Most state statutes now define indecent exposure in terms of audience reaction, reflecting this dependence on nuisance theory. Supreme Court trends have weakened even this justification, raising questions about the viability of current indecent exposure laws.

Despite their fundamental role in moral regulation, indecent exposure laws have received little academic, political, or legal scrutiny. This analysis elucidates their origins, history, and effects, informing development of more effective policies on managing sexuality and nudity. The history of indecent exposure laws also provides insights into managing morals and church-state relations in secular societies. Legal, social, and political trends have created multiple complex jurisprudential dilemmas, exposing the laws to potential constitutional challenges based on the Establishment Clause, free exercise of religion, free speech, privacy, autonomy, overbreadth and vagueness, viewpoint restrictions, content-based restrictions, prior restraints, and equal protection precedent and doctrines. Changes in indecent exposure laws are likely but their costs and benefits remain unclear.

The book chronicles the origins and evolution of courts as custodian of morals. Aspects of Dobbs v. Jackson Women's Health abortion case decided in 2023 suggest that this regime may be nearing an end. Competing moral authorities are contributing to a worsening crisis in moral jurisprudence. The book proposes a public policy framework more aligned with our maturing Constitution that may be better suited to current conditions, based on an empirical approach to legal management of morals in a pluralistic liberal democracy.

New York. Read-Me.Org Inc. 2024. 313p.

Navigating through your supply chain. Toolkit for prevention of labour exploitation and trafficking

By Anni Lietonen, Anniina Jokinen, Natalia Ollus 

In recent years, the issue of labour trafficking and exploitation in global supply chains has gained more and more attention. Businesses are under increasing scrutiny from consumers, media, civil society, investors and governments to behave in an ethical manner. However, there has been less focus on local and national structures. It is a common practice for businesses to rely on subcontractors/suppliers, or to use contractual partners who use subcontractors for specialised, project-related or short-term work. In recent years, cases of labour exploitation in supply/subcontracting chains have been uncovered around the world, as well as in Europe. With increased mobility of workers and increasingly complex supply chains, there is a growing need to ensure that all involved parties know their rights and obligations. This can prevent the exploitation of migrant workers and the risk of businesses becoming involved in such scenarios. This risk management toolkit has been developed in the context of the EU-funded FLOW-project. Its purpose is to give companies a brief overview of what labour exploitation and trafficking are, as well as to demonstrate the risks for businesses, and how involvement in such scenarios can be effectively avoided. These tools focus on the practical implementation of due diligence procedures, such as gathering information through worker-led monitoring and grievance mechanisms. The aim is to provide “hands-on” measures for businesses that can be used to navigate and control complex supply chain networks, especially in a local, national and intra-European context with the focus on preventing exploitation and trafficking. The measures include conducting a risk assessment, drafting an anti-trafficking strategy, screening contractual partners, incorporating specific contractual clauses and organising workplace assessments/inspections concerning the activities of subcontractors or other contractual partners. To supplement this toolkit, a Normative Framework Guide (HEUNI Publication Series No. 94) has also been developed as part of the FLOW-project, which provides a summarised overview of existing legal frameworks outlining businesses' responsibilities with regard to human rights, with a focus on labour exploitation and human trafficking. Outsourcing of work through subcontracting and the use of temporary workers in overly flexible employment relationships makes it more difficult for companies to assess the working conditions under which goods and services are produced (FRA 2015; Jokinen & Ollus 2019). The more layers in the supply chain, the more difficult it is to survey how the subcontractors carry out their business. In the worst-case scenario, legitimate business structures and lengthy supply chains may reveal serious forms of exploitation or even human trafficking. Concern over workers’ rights at all levels of the supply chain, in particular at the lower end of a subcontracting chain, should be included in responsible business policies. Committing to respecting Business and Human Rights (BHR) agreements alone cannot guarantee that a company is not unknowingly involved in labour exploitation or trafficking. Proactive businesses can mitigate such risks more efficiently by engaging in risk management, inspections and monitoring of working conditions. Who should use this tool? Managers, experts, and representatives of: ○ Businesses, NGOs and/or organisations that use low-skilled migrant workers through outsourcing, subcontracting, and recruitment companies and labour intermediaries in, e.g., construction, cleaning or catering services ○ Businesses working in risk sectors where labour exploitation or human trafficking have been identified ○ Public procurement units working for states, municipalities and/or state enterprises ○ Corporate Social Responsibility experts and networks Businesses should take steps to strengthen their role in regulating the labour supply and in recognising the signs of labour exploitation. Effective and proactive measures to tackle labour exploitation deters criminal enterprises from entering labour supply chains and promotes fair competition and decent work.     

Helsinki: HEUNI, 2020. 60p.