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Date: April 30, 2024 Tue
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Results for human rights abuses
206 results foundAuthor: Githens-Mazer, Jonathan Title: Islamophobia and Anti-Muslim Hate Crime: A London Case Study Summary: The perils of Islamophobia and anti-Muslim hate crime threaten to undermine basic human rights, fundamental aspects of citizenship and co-existing partnerships for Muslims and non-Muslims alike in contemporary Europe. Routine portrayals of Islam as a religion of hatred, violence and inherent intolerance have become key planks for the emergence of extremist nationalist, anti-immigration politics in Europe - planks which seek to exploit populist fears and which have the potential to lead to Muslim disempowerment in Europe. Sections of the media have created a situation where the one serves to heighten the unfounded claims and anxieties of the other - such that politicians from Austria to the Britain, and the Netherlands to Spain, feel comfortable in using terms like "Tsunamis of Muslim immigration", and accuse Islam of being a fundamental threat to a "European way of life". While in many cases, the traction of this populist approach reflects an ignorance of Islamic faith, practice and belief, there are many think-tanks which are currently engaged in promoting erroneous depictions of Islam and Muslim political beliefs through unsubstantiated and academically baseless studies, and a reliance on techniques such as 'junk-polling'. Prior to researching Islamophobia and anti-Muslim hate crime in London, we worked with Muslim Londoners to research the contested notion of what is widely termed by academics and policy makers as "violent radicalisation" (Githens-Mazer, 2010, Lambert 2010). To a large extent it was that prior research experience that persuaded us to embark on this new project. That is to say, there is an important link between the two areas of work which we should explain at the outset. Since 9/11 Muslim Londoners, no less than Muslims in towns and cities across Europe, have often been unfairly stigmatised as subversive threats to state security and social cohesion, sometimes characterised as a fifth column (Cox and Marks 2006, Gove 2006, Mayer and Frampton 2009). We do not suggest that this stigmatisation did not exist before 9/11, still less do we argue that it revolves solely around the issues of security and social cohesion, but we do claim that the response to 9/11 - 'the war on terror' - and much of the rhetoric that has surrounded it has played a significant part in increasing the public perception of European Muslims as potential enemies rather than potential partners and neighbours. From our perspectives and experience, both academic and practitioner, the rise of Islamophobia and anti-Muslim hate crime is morally abhorrent and needs to be countered. Muslim communities in the UK and Europe have important contributions to make to the local communities and broader societies in which they live. Yet to date, these communities, and Islam more broadly, are often the subject of misunderstanding and vilification. Whereas Islamic legal and political traditions have, at key points, inspired and informed Western political and intellectual traditions, and Muslims in Europe have historically made, and especially today continue to make, important contributions at every level of British and European society, portrayals of their religion and identity still often seem to focus on terrorism, intolerance, and issues such as the veil. While such portrayals are unjust and empirically untrue, they still appear to academically, politically and popularly inform perceptions of Islam in Britain and Europe. This insidious phenomenon runs the very real risk of driving deep divisions through European societies, and of alienating friends, neighbours and political partners. Islamophobia and Anti-Muslim Hate Crime: a London case study represents an initial and introductory first report for the newly formed European Muslim Research Centre (EMRC). Initial and introductory because this is a long-term ongoing project, and what follows here is only the tip of the iceberg. We are particularly pleased to be presenting the report at the London Muslim Centre (LMC) in Whitechapel on 28 January 2010. In important respects both the venue and location are symbolic. At the end of the nineteenth century and again in the twentieth century Whitechapel has been at the hub of resistance to anti-Semitic and anti-racist violence (Catterral, 1994; Malek 2006). Most famously in the 1930s in opposition to Oswald Mosley's fascist Blackshirts (Dorril, 2007), and again in the 1970s and 1980s in opposition to the National Front (NF), Londoners united in Whitechapel to defeat the sectarian street violence that invariably accompanies fascist, neo-Nazi politics (Hann and Tilsey 2003). After analysing our research findings we anticipate that Londoners will once again need to unite in Whitechapel against a violent, sectarian threat during the next decade. Islamophobia and Anti-Muslim Hate Crime: a London case study is therefore our first contribution to what we anticipate will again be a successful long-term grass roots campaign against the politics of hate. The extremist nationalist politics that once targeted Jews and Asians in East London is now unambiguously aimed at Muslims (BNP 2006, 2009). Suffice to say Whitechapel is now home to many poor Muslim families in the way that it once was home to poor Jewish families. LMC is at the hub of numerous good citizenship initiatives in Whitechapel and surrounding areas and serves local Muslims and other local citizens well (Jameson 2009, Green and Silver 2009). The LMC itself binds together different sections of London Muslim communities, and stands as a key site of social, cultural and political organisation - an Islamically inspired form of political organisation which is occasionally portrayed as a threat by key commentators and policy makers. Not only does our research challenge this kind of analysis of Islamically inspired political organisation, it suggests that Muslim Londoners and their neighbours and allies will need to overcome mainstream as well as extremist bigotry before they can claim any kind of success. This is why we have set aside the next ten years to monitor and facilitate progress. For us, the method to counter Islamophobia and anti-Muslim hate crime is clear: education. By creating an unimpeachable body of academic work, and by creating mechanisms to empower Muslim communities to put forward their positions now and in the future, we hope to help dispel the ignorance that has thus far fuelled the populist appeal of Islamophobia and the hate crimes it spawns, and challenge those individuals and organisations that seek to pursue agendas that demonise and alienate European Muslims. At its most basic, the European Muslim Research Centre (EMRC) will seek to engage these kinds of falsehoods, and seek to explore, teach and examine the nuances of Muslim contributions in the European context. As an interdisciplinary centre, such a focus will mean contributing to debates about the role of Muslims and Islam from the perspectives of politics, history, law, business studies/economics, sociology, anthropology, literature, English, cultural studies, theology and the sciences. In this way, we hope to take academically sound research and introduce it as a corrective to the current debates over the role of Muslims in contemporary European society. Finally, we have contributed in recent years to what has become a dense and over-populated field of study: radicalisation, counterradicalisation and de-radicalisation. Nearly 100% of this crossdisciplinary study is focused on Muslims and it has the tendency, both intentionally and unwittingly, to problematise Muslims and their faith. It is our hope that this report will encourage scholars to return to a wider view of the problem of political violence - one in which the 'radicalisation' of convicted members of a violent extremist nationalist milieu such as ex-British soldier Terence Gavan receive as much detailed scholarly attention as convicted British Muslims who lacked Gavan's sophisticated bomb making skills. Details: Exeter, UK: University of Exeter, European Muslim Research Centre, 2010. 61p. Source: Internet Resource: Accessed November 14, 2018 at: https://lemosandcrane.co.uk/resources/Islamophobia_and_Anti-Muslim_Hate_Crime.pdf Year: 2010 Country: United Kingdom URL: https://lemosandcrane.co.uk/resources/Islamophobia_and_Anti-Muslim_Hate_Crime.pdf Shelf Number: 117759 Keywords: Bias-Motivated CrimesHate CrimesHuman Rights AbusesIslamophobiaMuslimsRadicalization |
Author: Amon, Joe Title: Where Darkness Knows No Limits: Incarceration, Ill-treatment, and Forced Labor as Drug Rehabilitation in China Summary: This report details the abusive conditions suffered by detainees in China's drug detention centers, the failure of the Chinese government to deliver on its avowed commitment to a medical-based approach to its illicit drug use and addiction problems, and the human rights violations associated with the Anti-Drug Law. The report calls on the Chinese government to immediately close these centers and develop genuinely therapeutic, voluntary, community-based, outpatient drug dependency treatment alternatives. Details: New York: Human Rights Watch, 2010. 37p. Source: Internet Resource Year: 2010 Country: China URL: Shelf Number: 117824 Keywords: DetentionDrug Abuse and AddictionDrug OffendersDrug TreatmentForced LaborHuman Rights Abuses |
Author: Andersen, Morten Koch Title: Failing Judicial Systems, Torture and Human Rights Work in Sri Lanka: A Study of Police Torture in Sri Lanka Summary: The study seeks to explore the routine use of torture by the police and illuminate the widespread violence and human rights violations that are part of everyday life in Sri Lanka. It seeks to show the apparent neglect of the Sri Lankan state to stop these atrocities and provide adequate protection and remedies for the victims by ignoring publicly available information provided by state commissioned investigations and reports on the continuously declining state of affairs in the police force and the general deteriorating of human rights in the country. Details: Copenhagen, Denmark: Rehabilitation and Research Centre for Torture Victims; Hong Kong: Asian Human Rights Commission, 2009. 80p. Source: Internet Resource Year: 2009 Country: Sri Lanka URL: Shelf Number: 119532 Keywords: Human Rights AbusesPolice Misconduct (Sri Lanka)Police Use of ForceTorture |
Author: Mavhinga, Dewa Title: Deliberate Chaos: Ongoing Human Rights Abuses in the Marange Diamond Fields of Zimbabwe Summary: Human rights abuses remain rampant in Marange, the diamond-mining area of eastern Zimbabwe. Military personnel continue to engage in forced labor and to punish those who seek to mine outside of soldier-run syndicates. Torture, beatings, and harassment are also prevalent in this community, which faces forced relocation without adequate compensation from the diamond-rich areas in which they make their homes. As this report went to press, a Zimbabwean civil-society activist was in prison for having divulged sensitive information about persistent human rights abuses in Marange. The Kimberley Process Certification Scheme, an international group that monitors the diamond trade and seeks to restrict the sale of conflict diamonds, meets in Israel in June 2010. Kimberley Process members should suspend Zimbabwe and withhold shipment of diamonds from Marange until the abuses documented by Human Rights Watch have ceased. Zimbabwe should comply with recommendations made by the Kimberley Process in November 2009 to demilitarize the diamond fields and end the rampant smuggling of diamonds. As Zimbabwe recovers from a man-made humanitarian crisis, Human Rights Watch also calls on the government to account for lost diamond revenue from Marange and use this revenue to improve socioeconomic conditions in the country. Details: New York: Human Rights Watch, 2010. 16p. Source: Internet Resource: Accessed September 21, 2010 at: http://www.hrw.org/node/90988 Year: 2010 Country: Zimbabwe URL: http://www.hrw.org/node/90988 Shelf Number: 119849 Keywords: DiamondsHuman Rights AbusesSmuggling |
Author: Amnesty International Title: Central African Republic: Action Needed to End Decades of Abuse Summary: The human rights situation in Central African Republic (CAR) is dire. Ravaged by a conflict involving a myriad of groups, the CAR is a volatile and unstable country. Innumerable human rights abuses, some of which may amount to war crimes and crimes against humanity, continue to be committed by the various parties in the conflict-ridden country. The civilian population bears the brunt of the abuses, which include unlawful killings, enforced disappearances, abductions, torture, destruction and burning of houses, and sexual violence, including rape. Tens of thousands of Central Africans have been forced to flee to neighbouring countries, and several hundred thousand civilians are internally displaced in the CAR. The CAR government must step up measures to ensure that the root causes of the conflict in the country are addressed and that the rights of the people are respected. In support of the CAR, the African Union must spearhead efforts to ensure that the conflict, which continues to bring untold suffering to civilians, is resolved and that coordinated efforts to protect civilians from human rights abuses are enhanced. Grave human rights violations, including possible war crimes and crimes against humanity, continue to be committed in the CAR by the various armed groups. Only one person has been put on trial for these crimes at the International Criminal Court. The government has shown itself to be incapable or unwilling to take action to uphold and protect human rights. The police, prosecutors and investigating judges are unable, and it appears sometimes unwilling, to investigate and prosecute people who have committed these acts. Abuses that may amount to crimes under international law continue to be perpetrated in the CAR with impunity, despite the fact that they are defined and criminalized in the new Penal Code, which came into force in January 2010. The other reasons include the fact that CAR is unstable, has a malfunctioning criminal justice system, has ill-equipped, ill-disciplined, poorly trained security forces, and has tenuous control over most of the country. The referral of the situation in CAR to the International Criminal Court has resulted in just one arrest â of a foreign national now on trial for war crimes and crimes against humanity in 2002-3. No other arrest warrants have been issued. Although many of the armed groups have claimed that they have taken up arms to protect their people from government forces, they themselves have committed crimes and perpetrated abuses against civilians, especially those they accuse of supporting the government. Details: London: Amnesty International, 2011. 42p. Source: Internet Resource: Accessed October 25, 2011 at: http://www.amnesty.org/en/library/asset/AFR19/001/2011/en/3a61a8a4-cf37-4d59-a09e-39b77c70957f/afr190012011en.pdf Year: 2011 Country: Central African Republic URL: http://www.amnesty.org/en/library/asset/AFR19/001/2011/en/3a61a8a4-cf37-4d59-a09e-39b77c70957f/afr190012011en.pdf Shelf Number: 123146 Keywords: Human Rights AbusesViolence (Central African Republic) |
Author: Cook, Nicolas Title: Conflict Minerals in Central Africa: U.S. and International Responses Summary: âConflict mineralsâ are ores that, when sold or traded, have played key roles in helping to fuel conflict and extensive human rights abuses, since the late 1990s, in far eastern Democratic Republic of the Congo (DRC). The main conflict minerals are the so-called the â3TGsâ: ores of tantalum and niobium, tin, tungsten, and gold, and their derivatives. Diverse international efforts to break the link between mineral commerce and conflict in central Africa have been proposed or are under way. Key initiatives include government and industry-led mineral tracking and certification schemes. These are designed to monitor trade in minerals to keep armed groups from financially benefitting from this commerce, in compliance with firm-level and/or industry due diligence policies that prohibit transactions with armed groups. Congress has long been concerned about conflicts and human rights abuses in the DRC. Hearings during successive congresses have focused on ways to help end or mitigate their effects, and multiple resolutions and bills seeking the same goals have been introduced. Several have become law. The most extensive U.S. law aimed at halting the trade in conflict minerals, specifically the 3TGs, is Section 1502 of Title XV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203). Among other ends, Section 1502 requires the Securities and Exchange Commission (SEC) to issue rules mandating that SEC-regulated businesses that use conflict minerals in their products: âą report if they obtained their mineral supplies from the DRC or nearby countries; âą be permitted to label as âDRC conflict freeâ products that they can credibly demonstrate do not incorporate minerals sourced in a manner that directly or indirectly finances or benefits armed groups in DRC or adjoining countries; âą publicly report to the SEC on those of their products which do incorporate minerals that are not âDRC conflict freeââand which may not be labeled as suchâand on diligence measures used to obtain these minerals. Section 1502 raises complex rule design, compliance, cost estimate, and implementation questions, and Section 1502 advocates and criticsâmany politically influentialâhave been urging the SEC issue rules favorable to their respective views and interests. The complexity of the matters at issue and diversity of interests affected have prompted the SEC to repeatedly delay issuance of a final rule, although it is expected to act on the matter in mid-August 2012. Key rulemaking issues under debate include: âą timing and a possible phase-in of rule implementation; and âą what due diligence standards are to be used. There is widespread support for use of due diligence guidelines developed by the Organization for Economic Co-operation and Development (OECD) in eventual Section 1502 rules, both to ensure complementarity between U.S. and international conflict mineral trade abatement efforts, most of which employ the OECD guidelines, and to enable these schemes to mature. The State Department has provided to Congress a strategy aimed at breaking the link between mineral trade and conflict and, together with the U.S. Agency for International Development, is implementing programs in central Africa to support tracking and certification schemes; local small-scale mining communities; anti-mining labor abuse efforts; and related ends. Details: Washington, DC: Congressional Research Service, 2012. 38p. Source: Internet Resource: CRS Report R42618: Accessed August 7, 2012 at: http://www.fas.org/sgp/crs/row/R42618.pdf Year: 2012 Country: Africa URL: http://www.fas.org/sgp/crs/row/R42618.pdf Shelf Number: 125897 Keywords: Conflict Minerals (Africa)Forced LaborHuman Rights AbusesNatural ResourcesViolence |
Author: Albin-Lackey, Chris Title: Hear No Evil: Forced Labor and Corporate Responsibility in Eritrea's Mining Sector Summary: Eritrea is one of the world's poorest and most repressive countries. New international interest in the country's untapped mineral wealth could mean good news on the economic front "but potential investors in the mining sector need to be aware of the risk of forced labor and other serious abuses. The Eritrean government keeps a large proportion of its population in a program of indefinite and prolonged forced labor, under terrible conditions. Hear No Evil documents allegations that state-owned Segen construction was involved in the use of forced labor during the construction of Eritrea's first mine. Canadian firm Nevsun Resources had contracted Segen. Nevsun failed to identify human rights risks going in, and hired Segen despite allegations that the company regularly exploited forced labor. Nevsun has taken steps to try and prevent abuses since allegations of abuse first surfaced, but it has not challenged the contractor's refusal to allow an investigation of its practices. All of this carries lessons for other firms that are now moving ahead with new mining projects in Eritrea. Human rights risks need to be addressed proactively before project development gets under way. Companies should refuse to work with contractors credibly implicated in the use of forced labor, and should insist on the right to investigate alleged abuses by the firms they hire. Just as important, the home governments of international mining firms need to accept responsibility for monitoring and regulating the human rights practices of their companies when they go abroad. Details: New York: Human Rights Watch, 2013. 35p. Source: Internet Resource: Accessed January 24, 2013 at: http://www.hrw.org/sites/default/files/reports/eritrea01134Upload.pdf Year: 2013 Country: Eritrea URL: http://www.hrw.org/sites/default/files/reports/eritrea01134Upload.pdf Shelf Number: 127384 Keywords: Forced Labor (Eritrea)Human RightsHuman Rights AbusesMining Sector |
Author: Bott, Sarah Title: Violence Against Women in Latin America and the Caribbean: A Comparative Analysis of Population-Based Data from 12 Countries Summary: Violence against women is a human rights violation with important public health ramifications. Evidence from across the globe documents that such violence is widespread and that women and girls bear the overwhelming burden of violence by intimate partners and sexual violence by any perpetrator. The consequences of such violence can be long-lasting and extensive, making violence against women an important cause of morbidity and in some cases death. Studies suggest that violence against women has negative health consequences that include physical injury, unwanted pregnancy, abortion, sexually transmitted infections (including HIV/AIDS), maternal mortality, post-traumatic stress disorder, depression, and suicide, among others. When the cumulative impacts on morbidity and mortality are assessed, the health burden of violence against women is often higher than that of more frequently recognized public health priorities. In Mexico City, for example, rape and intimate partner violence against women was estimated to be the third most important cause of morbidity and mortality for women, accounting for 5.6% of all disability-adjusted life years lost in the years 1994-1995.1 As a result of a growing body of global evidence, the international community has begun to give violence against women a greater priority in the public health agenda and to recognize that efforts to improve womenâs health and well-being will be limited unless they take into account the magnitude and consequences of such violence for womenâs lives. Violence against women also poses intergenerational consequences: when women experience violence, their children suffer. Growing evidence suggests that when children witness or suffer violence directly, they may be at increased risk of becoming aggressors or victims in adulthood. Furthermore, violence against women and violence against children often co-occur in the same households. Therefore, initiatives to address violence against women must also consider how to prevent and respond to violence against children and vice-versa. In addition to the human costs, research shows that violence against women drains health and justice sector budgets with expenditures for treating survivors and prosecuting perpetrators. Costs also result from productivity losses and absenteeism. Studies from the Inter-American Development Bank estimated that the impact of domestic violence on gross domestic product from womenâs lower earnings alone was between 1.6% in Nicaragua and 2.0% in Chile.2 Responding to violence against women requires a multi-sectoral and coordinated effort that spans multiple disciplines, including the health sector, law enforcement, the judiciary, and social protection services, among others. The health sectorâs role includes improving primary prevention of violence as well as the ability of health services to identify survivors of abuse early and provide women with compassionate and appropriate care. The health sector must also contribute to improving the evidence base regarding the nature of violence against women, including the magnitude, consequences, and risk and protective factors. Violence Against Women in Latin America and the Caribbean: A comparative analysis of population-based data from 12 countries is the first report to present a comparative analysis of nationally representative data on violence against women from a large number of countries in the Region. It is the sincere hope of the Pan American Health Organization (PAHO) that this report will contribute to increasing knowledge about violence against women in the Region and, more importantly, that it will motivate policy makers and programmers to grant this issue the political attention that it deserves by designing and implementing evidence-based initiatives and policies that can contribute to eliminating violence against women. Details: Washington, DC: Pan American Health Organization; Centers for Disease Control and Prevention, 2012. 186p. Source: Internet Resoruce: Accessed January 29, 2013 at: http://www2.paho.org/hq/dmdocuments/violence-against-women-lac.pdf Year: 2012 Country: Central America URL: http://www2.paho.org/hq/dmdocuments/violence-against-women-lac.pdf Shelf Number: 127420 Keywords: Domestic ViolenceHuman Rights AbusesIntimate Partner ViolenceSexual ViolenceViolence Against Women (Latin America, Caribbean) |
Author: VeritĂ© Title: Research on Indicators of Forced Labor in the Supply Chain of Coffee in Guatemala Summary: VeritĂ© carried out research on the presence of indicators of forced labor in the production of goods in seven countries from 2009 through 2011. Research was carried out on the production of shrimp in Bangladesh; Brazil-nuts, cattle, corn, and peanuts in Bolivia; sugar in the Dominican Republic; coffee in Guatemala; fish in Indonesia; rubber in Liberia; and tuna in the Philippines. The following report is based on research on the presence of indicators of forced labor in the Guatemalan coffee sector. This research was not intended to determine the existence or scale of forced labor in the countries and sectors under study, but rather to identify the presence of indicators of forced labor and factors that increased workersâ vulnerability to labor exploitation. Objectives The primary objectives of the project were to: ï· obtain background information on Guatemala (place, people, product, policies), and programs); ï· create a methodology to study the presence of indicators of forced labor in the Guatemalan coffee sector; ï· identify and document indicators of forced labor among workers in the coffee sector of Guatemala; ï· document the broader working and living conditions that coffee sector workers experience; and ï· determine the risk factors for vulnerability to forced labor and other forms of exploitation in the coffee sector. Details: Amherst, MA: Verite, 2012(?). 124p. Source: Internet Resource: Accessed March 22, 2013 at: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Guatemala%20Coffee%20Sector__9.16.pdf Year: 2012 Country: Guatemala URL: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Guatemala%20Coffee%20Sector__9.16.pdf Shelf Number: 128089 Keywords: Coffee IndustryForced Labor (Guatemala)Human Rights AbusesSupply Chains |
Author: VeritĂ© Title: Research on Indicators of Forced Labor in the Supply Chains of Brazil-Nuts, Cattle, Corn, and Peanuts in Bolivia Summary: VeritĂ© carried out research on the presence of indicators to forced labor in the production of goods in seven countries from 2009 through 2011. Research was carried out on the production of shrimp in Bangladesh; Brazil-nuts, cattle, corn, and peanuts in Bolivia; sugar in the Dominican Republic; coffee in Guatemala; fish in Indonesia; rubber in Liberia; and tuna in the Philippines. The following report is based on research on the presence of indicators of forced labor in the production of Brazil-nuts in the Amazon region of Bolivia and the production of cattle, corn, and peanuts in the Chaco region of Bolivia. This research was not intended to determine the existence or scale of forced labor in the regions and sectors under study, but rather to identify the presence of indicators of forced labor and factors that increased workers' vulnerability to labor exploitation. Objectives The primary objectives of the project were to: ï· obtain background information on Bolivia and the Amazon and Chaco regions (place, people, product, policies and programs); ï· create a methodology to study the presence of indicators of forced labor in production of Brazil-nuts in the Amazon region and cattle, corn, and peanut in the Chaco region; ï· identify and document indicators of forced labor among workers in the Brazil-nut sector in the Amazon region and cattle, corn, and peanut sectors in the Chaco region; ï· document the broader working and living conditions that Brazil-nut, cattle, corn, and peanut sector workers experience in the Amazon and Chaco regions; and ï· determine the risk factors for vulnerability to forced labor and other forms of exploitation in the Brazil-nut, cattle, corn, and peanut sectors in the Amazon and Chaco regions. Details: Amherst, MA: VeritĂ© , 2012(?). 150p. Source: Internet Resource: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Bolivia%20Brazil-nut%2C%20Cattle%2C%20Corn%2C%20and%20Peanut%20Sectors__9.19.pdf Year: 2012 Country: Bolivia URL: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Bolivia%20Brazil-nut%2C%20Cattle%2C%20Corn%2C%20and%20Peanut%20Sectors__9.19.pdf Shelf Number: 128091 Keywords: Forced Labor (Bolivia)Human Rights AbusesSupply Chains |
Author: VeritĂ© Title: Rubber Production in Liberia: An Exploratory Assessment of Living and Working Conditions, with Special Attention to Forced Labor Summary: With support from the U.S. Department of Labor, VeritĂ© carried out research on labor conditions in the supply chains of ten goods in seven countries from 2009 through 2011. Research was carried out on the production of shrimp in Bangladesh; Brazil-nuts, cattle, corn, and peanuts in Bolivia; sugar in the Dominican Republic; coffee in Guatemala; fish in Indonesia; rubber in Liberia; and tuna in the Philippines. The following report is based on research on living and working conditions in the rubber sector of Liberia, with special attention to indicators of forced labor. Since the establishment of the Firestone plantation in 1926, rubber has been the cornerstone of the Liberian economy; even in post-conflict Liberia, this commodity remains the countryâs most important cash crop.1 Rubber trees are cultivated on large company-owned plantations, where workers collect rubber year-round for a fixed salary; and also on small-scale farms that belong to households and individuals. This report focuses on rubber cultivated on large-scale commercial plantations that are not part of the Bridgestone/Firestone complex. Rubber has a long and controversial history in Liberia. Observers largely agree that the sector has served as a much-needed generator of state revenues and a creator of formal, salaried employment in a country with a largely subsistence agricultural economy. However, there has been persistent concern and tension around the terms of the contracts signed between the Liberian state and rubber companies, on the one hand, and the living and working conditions on Liberian plantations, on the other. It was determined that VeritĂ©âs research in Liberia should be an exploratory study with flexible research objectives, which evolved into a study of current-day living and working conditions, with special attention to indicators of forced labor, on two Liberian rubber plantations: (1) the Liberian Agricultural Companyâs (LAC) plantation in Grand Bassa County; and (2) the Cocopa Rubber Companyâs plantation in Nimba County. The ILOâs core labor conventions and Liberian labor law served as the framework for the study. Details: Amherst, MA: VeritĂ© , 2012(?). Source: Internet Resource: Accessed March 23, 2013 at: http://www.verite.org/sites/default/files/images/Research%20on%20Working%20Conditions%20in%20the%20Liberia%20Rubber%20Sector__9.16.pdf Year: 2012 Country: Liberia URL: http://www.verite.org/sites/default/files/images/Research%20on%20Working%20Conditions%20in%20the%20Liberia%20Rubber%20Sector__9.16.pdf Shelf Number: 128092 Keywords: Forced Labor (Liberia)Human Rights AbusesRubber Plantations |
Author: VeritĂ© Title: Research on Indicators of Forced Labor in the Supply Chain of Tuna in the Philippines Summary: VeritĂ© carried out research on the presence of indicators of forced labor in the production of ten goods in seven countries from 2008 through 2011. Research was carried out on the production of shrimp in Bangladesh; Brazil-nuts, cattle, corn, and peanuts in Bolivia; sugar in the Dominican Republic; coffee in Guatemala; fish in Indonesia; rubber in Liberia; and tuna in the Philippines. This research was not intended to determine the existence or scale of forced labor in the countries and sectors under study, but rather to identify the presence of indicators of forced labor and factors that increased workersâ vulnerability to labor exploitation. Context / Objectives The Philippines ranks second in the world for tuna caught and fifth in canned tuna production.1 This research was carried out in General Santos City, which is known as the âTuna Capitalâ of the Philippines. Due in part to overfishing, yields and profits have been decreasing over the past several years. This has led to a downturn in related parts of the supply chain such as canning and processing. While the tuna fishing sector dominates the economy of General Santos City, recent downward trends have put pressure on workers in the sector. While much attention has been paid to the environmental and economic aspects of the Philippines tuna sector, little has been paid to labor conditions, and even less to specific indicators of forced labor. Within this context, the primary objectives of VeritĂ©âs research were to: ï· obtain background information on certain areas of the tuna sector in the Philippines; ï· create a methodology to study the presence of indicators of forced labor in the Philippines tuna sector; ï· identify and document indicators of forced labor among workers in the Philippines tuna sector; ï· document the broader working conditions that workers in the tuna sector experience; and ï· determine the risk factors for indicators of forced labor and other forms of exploitation in the particular areas of the Philippines tuna sector. Details: Amherst, MA: VeritĂ©, 2012(?). 139p. Source: Internet Resource: Accessed March 23, 2013 at: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Philippines%20Tuna%20Sector__9.16.pdf Year: 2012 Country: Philippines URL: http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Philippines%20Tuna%20Sector__9.16.pdf Shelf Number: 128093 Keywords: Fishing IndustryForced Labor (Philippines)Human Rights AbusesTuna Industry |
Author: Freeman, Laurie Title: Troubling Patterns: The Mexican Military and the War on Drugs Summary: The Mexican military has a dominant and expanding role in Mexico's war on drugs. As its role grows, so does its relationship with the US military, due to their common counter-drug mission. US organizations working to promote human rights and democracy in Mexico are concerned about human rights violations committed by the Mexican military in the drug war, as well as possible implications for US policy and the military-to-military relationship. By analyzing 27 cases of human rights violations committed by the Mexican military during anti-drug activities from 1996 to the present, this study has identified distinct patterns of military abuse in the context of anti-drug efforts. The cases in this study show that: The Mexican military's involvement in the drug war has led to human rights abuses; There is no adequate system to address these abuses when they occur; and The Leahy Law is not being adequately implemented by the US Embassy to ensure that US training and assistance are not provided to Mexican military units that have been implicated in human rights violations. Details: Washington, DC: Latin America Working Group, 2002. 12p. Source: Internet Resource: Accessed May 12, 2014 at: http://www.lawg.org/storage/documents/troubling%20patterns%20the%20war%20on%20drugs%202002.pdf Year: 2002 Country: Mexico URL: http://www.lawg.org/storage/documents/troubling%20patterns%20the%20war%20on%20drugs%202002.pdf Shelf Number: 132336 Keywords: Drug ControlDrug EnforcementDrug PolicyHuman Rights AbusesWar on Drugs |
Author: Defence for Children International - Palestine Section Title: Solitary confinement for Palestinian children in Israeli military detention Summary: Rising numbers of Palestinian children are being subjected to solitary confinement for interrogation purposes in Israeli detention, according to a new report from Defense for Children International Palestine (DCI-Palestine). In 21.4 percent of cases recorded by DCI-Palestine in 2013, children detained in the Israeli military detention system reported undergoing solitary confinement as part of the interrogation process. This represents an increase of two percent from 2012. DCI-Palestine collected 98 sworn affidavits from Palestinian children aged 12 to 17 in 2013. "The use of isolation against Palestinian children as an interrogation tool is a growing trend," said Ayed Abu Eqtaish, Accountability Program director at DCI-Palestine. "This is a violation of children's rights and the international community must demand justice and accountability." DCI-Palestine's research overwhelmingly suggests that the use of solitary confinement against Palestinian child detainees in the Israeli military detention system is employed almost solely for interrogation purposes. The apparent purpose is to obtain a confession or to gather intelligence on other individuals. Globally, children and juvenile offenders are often held in isolation either as a disciplinary measure or to separate them from adult populations. The use of solitary confinement by Israeli authorities does not appear to be related to any disciplinary, protective, or medical rationale or justification. During a period of just under two years, from January 2012 to December 2013, DCI-Palestine collected 40 affidavits from child detainees that detailed solitary confinement. Children held in solitary confinement spent an average of 10 days in isolation. The longest period of confinement documented in a single case was 29 days in 2012, and 28 days in 2013. In 2012, United Nations Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Richard Falk, condemned Israel's use of solitary confinement against Palestinian children, saying it "flagrantly violates international human rights standards." "This pattern of abuse by Israel is grave. It is inhumane, cruel, degrading, and unlawful, and, most worryingly, it is likely to adversely affect the mental and physical health of underage detainees," Falk said. Palestinian child detainees are held in solitary confinement and interrogated by the Israel Security Agency (ISA) at interrogation and detention centers located inside Israel, including Petah Tikva detention center, Kishon detention center, and Shikma prison in Ashkelon. The transfer of Palestinian child detainees from the Occupied Palestinian territories to prisons inside Israel violates Article 76 of the Fourth Geneva Convention, which prohibits the transfer of detainees out of the occupied territory. DCI-Palestine calls on Israeli military court judges to exclude all evidence obtained by force or coercion, and demands that the practice of using solitary confinement on children in Israeli detention facilities be recognized as a form of torture and stopped immediately. The report demands that the prohibition of solitary confinement against juveniles be enshrined in law and recommends that Israeli authorities implement effective measures to ensure that perpetrators of children's rights violations are held to account. Details: Jerusalem: Defense for Children International Palestine (DCI-Palestine), 2014. 12p. Source: Internet Resource: Accessed June 4, 2014 at http://www.dci-palestine.org/sites/default/files/report_doc_solitary_confinement_report_2013_final_29apr2014.pdf Year: 2014 Country: Palestine URL: http://www.dci-palestine.org/sites/default/files/report_doc_solitary_confinement_report_2013_final_29apr2014.pdf Shelf Number: 132404 Keywords: Human Rights AbusesJuvenile Detention (Palestine)Military DetentionSolitary Confinement (Palestine) |
Author: American Civil Liberties Union Title: Victims of Complacency: The Ongoing Trafficking and Abuse of Third Country Nationals Summary: This report examines the ongoing trafficking and abuse of Third Country Nationals ("TCNs"), tens of thousands of whom are hired yearly through U.S. Government ("USG") contracts to work in support of U.S. military and diplomatic missions in Iraq and Afghanistan. This large and diverse civilian workforce, or "army behind the army," hails primarily from developing countries such as Nepal, India, the Philippines, and Uganda, and performs low-wage but essential services, including construction, security, and food services. As a result of widely publicized incidents-such as the abduction and murder of twelve Nepali men whom Government contractors trafficked into Iraq in 2004 - the U.S. Government came under pressure to eliminate trafficking and labor abuses from the U.S. contracting industry. Although the Government then adopted a "zero-tolerance" policy against trafficking, reports of abuse continued to surface. In 2007, U.S. Government contractors trafficked a group of Fijian women to Iraq and subjected them to various forms of abuse and exploitation. In 2008, 1,000 South Asian workers staged protests on the outskirts of Baghdad after a Government subcontractor confined them to a windowless warehouse without money or work for as many as three months. Most recently, in December 2011, dozens of Ugandan TCNs held a series of rallies in Baghdad; their employer, a U.S.-based contractor, had left them stranded - with no pay and no return airfare - upon losing its USG contract as a result of the military drawdown. In light of these ongoing abuses, this report aims to: 1. Shed light on the system by which U.S. Government contractors continue to traffic and abuse TCNs, as well as explain in detail how this system operates, whom it benefits, and how it affects TCNs; 2. Explain how this system violates U.S. and international prohibitions against human trafficking and labor abuse; 3. Demonstrate that U.S. Government measures to address these problems are failing to prevent contractors from engaging in trafficking and labor abuse; and 4. Recommend concrete steps the U.S. Government should take in order to eliminate trafficking and abuse from the U.S. contracting industry. In addition to public sources, this report draws upon a) interviews conducted with a wide range of experts and other actors, including Government officials, journalists, attorneys, anti-trafficking advocates, and representatives of the contracting industry; b) documents obtained by the American Civil Liberties Union ("ACLU") through Freedom of Information Act ("FOIA") litigation on trafficking and forced labor of TCNs; and c) interviews with Indian nationals who worked previously for U.S. contractors in Iraq and Afghanistan. Details: New York: ACLU, 2012. 100p. Source: Internet Resource: Accessed June 19, 2014 at: http://www.aclu.org/files/assets/hrp_traffickingreport_web_0.pdf Year: 2012 Country: International URL: http://www.aclu.org/files/assets/hrp_traffickingreport_web_0.pdf Shelf Number: 132512 Keywords: Forced LaborHuman Rights AbusesHuman Trafficking |
Author: Amnesty International Title: Torture in 2014: 30 Years of Broken Promises Summary: Torture. The word evokes a world of suffering and fear. It is the object of near-universal condemnation. Yet, today, 30 years after the ground-breaking un Convention against torture was adopted, torture is flourishing in at least three quarters of the world's countries, despite some significant steps forward. a global survey commissioned by Amnesty International has revealed that almost half of the world's population do not feel safe from torture. Over the past five years, Amnesty International has reported on torture and other ill-treatment in 141 countries and from every world region. While in some of these countries Amnesty International has documented only isolated and exceptional cases, in others torture is systemic. This is a human rights violation that is shrouded in secrecy, inflicted on people when they are at their most isolated and vulnerable. Absolute figures of the number of torture victims are impossible to calculate. However, as this document shows, there is irrefutable evidence that torture is a truly global crisis. This briefing provides an overview of the use of torture in the world today. it looks at when and why torture is inflicted and at the most common methods used. it shows why government denials that torture occurs ring hollow and why Amnesty International's global campaign to Stop torture is still so urgently needed in 2014. Details: New York: Amnesty International, 2014. 50p. Source: Internet Resource: Accessed June 19, 2014 at: http://www.amnestyusa.org/sites/default/files/act400042014en.pdf Year: 2014 Country: International URL: http://www.amnestyusa.org/sites/default/files/act400042014en.pdf Shelf Number: 132517 Keywords: Human Rights AbusesTorture |
Author: American Bar Association Title: How Do Fortune 100 Corporations Address Potential Links to Human Rights Violations in a Globally Integrated Economy? Summary: The report, "How Do Fortune 100 Corporations Address Potential Links to Human Rights Violations in a Globally Integrated Economy?" presents the first ever analysis of major companies' publicly available policies on human trafficking, forced labor and the trade in conflict minerals. The researchers found that 54 percent of all Fortune 100 companies have publicly available policies addressing human trafficking and that 66 percent have policies on forced labor. Furthermore, when the research team eliminated companies without supply chains (such as those engaged in insurance, banking and financial services), the remaining 79 companies - termed the "Target Group" in the study - displayed even greater coverage, with nearly two-thirds (66 percent) having policies on human trafficking and more than three-quarters (76 percent) having policies on forced labor. In addition, over one third (37 percent) of all Fortune 100 companies had publicly available policies addressing conflict minerals and over four in ten (43 percent) of the Target Group had such policies. Because not all Fortune 100 companies deal in conflict minerals, the numbers on these policies are lower. Details: Washington, DC: American Bar Association; Tempe, AZ: Arizona State University, 2014. 45p. Source: Internet Resource: http://www.americanbar.org/content/dam/aba/administrative/human_rights/fortune_100_report_on_trafficking.authcheckdam.pdf Year: 2014 Country: International URL: http://www.americanbar.org/content/dam/aba/administrative/human_rights/fortune_100_report_on_trafficking.authcheckdam.pdf Shelf Number: 132547 Keywords: BusinessesConflict MineralsForced LaborHuman Rights AbusesHuman Trafficking |
Author: Human Rights Watch Title: Nation Behind Bars: A Human Rights Solution Summary: Far too many US laws violate basic principles of justice by requiring disproportionately severe punishment, Human Rights Watch said in a report released today. The 36-page report, "Nation Behind Bars: A Human Rights Solution," notes that laws requiring penalties that are far longer than necessary to meet the purposes of punishment have given the United States the world's highest reported rate of incarceration. These laws have spawned widespread and well-founded public doubts about the fairness of the US criminal justice system. Details: New York: Human Rights Watch, 2014. 36p. Source: Internet Resource: Accessed June 30, 2014 at: http://www.hrw.org/sites/default/files/related_material/2014_US_Nation_Behind_Bars_0.pdf Year: 2014 Country: United States URL: http://www.hrw.org/sites/default/files/related_material/2014_US_Nation_Behind_Bars_0.pdf Shelf Number: 132562 Keywords: Human Rights AbusesPrison SentencesPrisonersPunishmentSentencing Reform |
Author: Human Rights Watch Title: Under Kurdish Rule: Abuses in PYD-Run Enclaves of Syria Summary: Based on research in Syria and northern Iraq, Under Kurdish Rule: Abuses in PYD-Run Enclaves of Syria documents human rights abuses in the three predominantly Kurdish areas in northern Syria that are controlled since 2012 by the Kurdish Democratic Union Party (PYD). In January 2014, the PYD and allied parties established an interim administration in these areas. While conditions are better there than in other war-torn parts of Syria, the PYD-run authorities have arbitrarily arrested political opponents, denied defendants the right to a fair trial, and physically abused detainees, leading to death in two recent cases. PYD-run security forces have also used children under 18 for military purposes. As the de facto authority in these regions, the PYD is obliged under international human rights law to grant the people in the areas it controls - Kurds, Arabs, Syriacs, and others - their fundamental rights. Details: New York: Human Rights Watch, 2014. 116p. Source: Internet Resource: Accessed June 30, 2014 at: http://www.hrw.org/sites/default/files/reports/syria0614_kurds_ForUpload.pdf Year: 2014 Country: Syria URL: http://www.hrw.org/sites/default/files/reports/syria0614_kurds_ForUpload.pdf Shelf Number: 132564 Keywords: DetaineesHuman Rights AbusesPrisoners |
Author: Owens, Kaitlin Title: Honduras: Journalism in the Shadow of Impunity Summary: This report examines the surge in violence directed against journalists following the ouster of President Jose Manuel Zelaya in June 2009. Since then at least 32 Honduran journalists have been killed and many more continue to work in a climate of fear and self-censorship. Reporters who cover corruption and organized crime are routinely targeted for their work and attacked or killed with almost complete impunity. The sources of the violence against journalists are varied. Transnational drug cartels have infiltrated the country so effectively that the present crisis in Honduras cannot be understood in isolation from its Central American neighbours. That said, it is also clear that the absence of reliable institutions has allowed the violence to escalate far more rapidly than many anticipated. Much of the violence is produced by the state itself, perhaps most significantly by a corrupt police force. In a special report on police criminality in Honduras, the Tegucigalpa-based Violence Observatory (Observatorio de Violencia) found that between January 2011 and November 2012 police officers killed 149 civilians, approximately six per month. The taint of corruption and a culture of impunity have undermined trust among state agencies and public confidence in key institutions. Public distrust of the police is so great that crimes are rarely reported. Moreover, due to widespread corruption and inefficiency among the force, only an estimated 20 per cent of crime is reported, and of that less than four per cent gets investigated. According to the State's own statistics, less than one per cent of all crime in Honduras is subject to a police investigation. Procedural flaws are evident throughout the system. Police often say an investigation is underway when there is none; the office of the Special Prosecutor for Human Rights (Fiscalía Especial de Derechos Humanos) does not have the jurisdiction to try those responsible for the murders of journalists, and lacks resources to conduct even the most basic investigations into other human rights violations. On the other hand, while some legal initiatives are under-resourced, there is also a proliferation of competing agencies that notionally address the same problem. This has created a situation in which institutional responsibility has been so widely diffused that no one is ultimately accountable for the high level of impunity. With current levels of funding, the office of the Special Prosecutor for Human Rights, which was nominally responsible for over 7,000 investigations in 2012, can only investigate a small percentage of these cases each year. While the office continues to operate with a serious shortage of funds, the Honduran state is able to argue that it has made progress in addressing human rights violations through the establishment of a Special Prosecutor for Human Rights. Given these crises, this report finds that the Honduran judiciary faces significant challenges in establishing an independent legal culture capable of ensuring accountability for human rights abuses. Furthermore, legal mechanisms to protect journalists are needlessly complicated and often confusing. Even international mechanisms such as the precautionary measures issued by the Inter-American Commission of Human Rights (iachr) are poorly understood by local police and, at least as currently implemented, offer little real protection. Deep divisions among the journalists themselves hinder the fight against impunity. A striking absence of camaraderie within the profession has impaired its ability to collaborate effectively in protesting violence against journalists and in promoting protection mechanisms. Mutual suspicion is evident in many journalists' scepticism towards the official Association of Journalists of Honduras (Colegio de Periodistas de Honduras - cph) - an institution that has noticeably failed in its legislative mandate to "promote solidarity and mutual assistance among the media." This failure has meant that there is no united front pressing for greater accountability and an end to the violence. The coup that unseated President Zelaya in 2009 brought these problems into the spotlight, but the roots of the crisis lie further back in Honduras' history, notably in its failure during the demilitarization process that began in the 1980s to hold those who had committed serious human rights violations accountable for their actions. A legacy of failed reforms left the state incapable of dealing with rights violations that took place during and after the 2009 coup. As a result, the recent wave of murderous violence has been met with a familiar mixture of inadequate resources, bureaucratic ineptitude, blame-shifting and denial. The coup interrupted the demilitarization of Honduras. One human rights worker we interviewed spoke of the return of a security-state mindset in which peaceful dissent is often met with reflexive violence. Others noted that the re-emergence of the security state had been justified - as in Colombia and Mexico - as an antidote to pervasive corruption and organized crime. But the real lesson to be drawn from the use of force to compensate for the failures of transitional justice is that state actors no longer need to fear being held to account for their actions. As Bertha Oliva, co-ordinator of the Committee of Relatives of the Detained and Disappeared in Honduras (Comite de Familiares de Detenidos Desaparecidos en Honduras - cofadeh) put it: "When we allow impunity for human rights violations, we see the crimes of the past translated into the crimes of the future." Details: Toronto: PEN Canada; London: PEN International, 2014. 48p. Source: Internet Resource: Accessed July 7, 2014 at: http://www.pen-international.org/wp-content/uploads/2014/01/Honduras-Journalism-in-the-Shadow-of-Impunity1.pdf Year: 2014 Country: Honduras URL: http://www.pen-international.org/wp-content/uploads/2014/01/Honduras-Journalism-in-the-Shadow-of-Impunity1.pdf Shelf Number: 132630 Keywords: Drug CartelsHomicidesHuman Rights AbusesJournalistsOrganized CrimePolitical CorruptionViolence Violence Crime |
Author: Stop Street Harassment Title: Unsafe and Harassed in Public Spaces: A National Street Harassment Report Summary: From "hey baby" to "stupid fag," from flashing to groping, sexual harassment in public spaces, or "street harassment," is a problem many people experience, some with profound consequences. Since 2008, Stop Street Harassment (SSH) has collected thousands of street harassment stories. This groundbreaking study confirms what the stories suggest: Across all age, races, income levels, sexual orientations, and geographic locations, most women in the United States experience street harassment. Some men, especially men who identify as gay, bisexual, queer, or transgender, do as well. Methodology This report presents the findings of a 2,000-person, nationally representative survey (approximately 1,000 women and 1,000 men, ages 18 and up). GfK, a top surveying firm, conducted the Internet-based survey in February and March 2014. Additionally, SSH conducted 10 focus groups across the nation from August 2012 to March 2014. What is street harassment? "Street harassment" describes unwanted interactions in public spaces between strangers that are motivated by a person's actual or perceived gender, sexual orientation, or gender expression and make the harassee feel annoyed, angry, humiliated, or scared. Street harassment can take place on the streets, in stores, on public transportation, in parks, and at beaches. It ranges from verbal harassment to flashing, following, groping, and rape. It differs from issues like sexual harassment in school and the workplace or dating or domestic violence because it happens between strangers in a public place, which at present means there is less legal recourse. Why does this issue matter? Street harassment is a human rights violation and a form of gender violence. It causes many harassed persons, especially women, to feel less safe in public places and limit their time there. It can also cause people emotional and psychological harm. Everyone deserves to be safe and free from harassment as they go about their day. Details: Reston, VA: Stop Street Harassment, 2014. 66p. Source: Internet Resource: Accessed July 21, 2014 at: http://www.stopstreetharassment.org/wp-content/uploads/2012/08/2014-National-SSH-Street-Harassment-Report.pdf Year: 2014 Country: United States URL: http://www.stopstreetharassment.org/wp-content/uploads/2012/08/2014-National-SSH-Street-Harassment-Report.pdf Shelf Number: 132724 Keywords: Bias-Related CrimesFear of CrimeGenderHate CrimeHuman Rights AbusesPublic SpaceSexual Harassment |
Author: Human Rights Watch Title: Containment Plan: Bulgaria's Pushbacks and Detention of Syrian and Other Asylum Seekers and Migrants Summary: Since the Bulgarian government announced a plan in early November 2013 to contain and reduce the number of asylum seekers and other migrants irregularly crossing the border with Turkey, Bulgarian authorities have systematically prevented Syrians, Afghans, and other undocumented people from entering Bulgaria to lodge asylum claims. Refugees, asylum seekers, and migrants gave Human Rights Watch detailed accounts of 44 incidents involving at least 519 people in which Bulgarian border police apprehended and summarily returned them to Turkey without proper procedures and with no opportunity to lodge asylum claims, often using excessive force. Containment Plan also documents Bulgaria's failure to provide new arrivals with basic humanitarian assistance in 2013 such as adequate food and shelter, the brutal conditions of detention, inadequacies in Bulgaria's asylum procedures, shortfalls in its treatment of unaccompanied migrant children, and failure to support and integrate recognized refugees. With the help of the European Union, the humanitarian situation in Bulgaria has improved in 2014, but this coincides with the implementation of the pushback policy and a drop in arrivals of new asylum seekers. This suggests that those fortunate enough to have entered before the door was slammed will now be treated decently, but the rest will face a closed door. Containment Plan calls on the Bulgarian government to end summary expulsions at the Turkish border and to stop the excessive use of force by border guards. It also calls on the Bulgarian government to improve the treatment of detainees and detention conditions in police stations and migrant detention centers. Details: New York: HRW, 2014. 84p. Source: Internet Resource: Accessed July 22, 2014 at: http://www.hrw.org/sites/default/files/reports/bulgaria0414_ForUpload_0.pdf Year: 2014 Country: Bulgaria URL: http://www.hrw.org/sites/default/files/reports/bulgaria0414_ForUpload_0.pdf Shelf Number: 132731 Keywords: Asylum SeekersBorder SecurityHuman Rights AbusesImmigrant DetentionImmigrants (Bulgaria)Immigration |
Author: Inter-American Commission on Human Rights. Rapporteurship on the Rights of Persons Deprives of Liberty Title: Report on the Use of Pretrial Detention in the Americas Summary: For more than a decade, the Inter-American Commission on Human Rights (hereinafter "the IACHR", "the Inter-American Commission" or "the Commission") has considered the arbitrary and illegal use of pretrial detention a chronic problem in many countries of the region. In its recent Report on the Human Rights of Persons Deprived of Liberty in the Americas, the IACHR listed the excessive use of pretrial detention among the most serious and widespread problems in the region and noted that this dysfunctionality in criminal justice systems is in turn the cause of other problems such as overcrowding and the failure to separate detainees awaiting trial from the convicted. Along with other structural problems linked to the respect for and the guarantee of the rights of persons deprived of liberty, this situation has also been systematically identified in the Americas by United Nations monitoring mechanisms, whose mandate includes safeguarding the human rights of persons under criminal prosecution and/or deprived of liberty, such as: the Human Rights Committee (HRC), the Committee against Torture (CAT), the Subcommittee on Prevention of Torture (SPT), the Working Group on Arbitrary Detention (WGAD) and the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment (SRT). Similarly, other qualified actors such as the United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD), have deemed that "[e]specially serious within the issue of the accelerated increase of prison populations is the case of prisoners awaiting trial"; therefore, "the region must continue its efforts to maintain more prudent levels of unconvicted prisoners." The Report on the High Level Expert Group Meeting on the United Nations Standard Minimum Rules for the treatment of prisoners, which was held in Santo Domingo, laid out some of the common causes at the regional level for the high proportion of prisoners awaiting trial, such as delays in bringing criminal defendants to trial, the absence of adequate legal advice, the influence of public opinion and the "tendency for prosecutors and judges to order that those awaiting trial should be held in detention, rather than making other arrangements for pre-trial supervision in the community." The excessive use of pretrial detention in the Americas has also been acknowledged by other bodies of the Organization of American States (OAS), such as at the Third Meeting of Officials Responsible for Penitentiary and Prison Policies, where reference was made to the "excessive use of preventive detention," and it was estimated that in the region "more than 40% of the prison population is on pretrial detention". The foregoing situation exists in spite of binding international norms that are very clear in recognizing the presumption of innocence and the exceptional nature of pretrial detention; the broad recognition of these rights at the constitutional level in the region; and the political will expressed at the highest level by the States twenty years ago in the framework of the Summits of the Americas, where governments made the commitment to "[t]ake the necessary steps to remedy inhumane conditions in prisons and to minimize the number of pretrial detainees" (The Miami Plan of Action, 1994). In this context, the Inter-American Commission considers that the excessive use of pretrial detention runs contrary to the very essence of the democratic rule of law, and that implementing this measure as a form of expeditious justice that results in a kind of anticipated sentence is flagrantly contrary to the provisions of the American Convention and Declaration, and the principles from which the Charter of the Organization of American States has drawn inspiration. Moreover, the use of pretrial detention is an important measure of the quality of the administration of justice and, as such, has a direct bearing on the quality of democracy. The IACHR recognizes the duty of States to maintain public order and protect all persons under their jurisdiction from crime and violence. Nonetheless, the Commission reiterates the longstanding principle enshrined in the Inter-American system that "irrespective of the nature or gravity of the crime prosecuted, the investigation of the facts and the eventual trial of specific persons should be carried out within the limits and according to the procedures that permit public safety to be preserved, with full respect for the human rights." Additionally, the Inter-American Court of Human Rights (hereinafter "the Inter-American Court" or "the Court") has held that "[t]he concept of rights and freedoms as well as that of their guarantees cannot be divorced from the system of values and principles that inspire it. In a democratic society, the rights and freedoms inherent in the human person, the guarantees applicable to them and the rule of law form a triad. Each component thereof defines itself, complements and depends on the others for its meaning." As is covered in depth in this report, excessive use of pretrial detention is a complex problem caused by a variety of factors, such as: issues of legal design, structural deficiencies in administration of justice systems, interferences with judicial independence and deeply rooted tendencies in judicial culture and practice. Details: Source: Internet Resource: Accessed August 6, 2014 at: http://www.oas.org/en/iachr/pdl/reports/pdfs/Report-PD-2013-en.pdf Year: 2014 Country: International URL: http://www.oas.org/en/iachr/pdl/reports/pdfs/Report-PD-2013-en.pdf Shelf Number: 132910 Keywords: Criminal ProcedureHuman Rights AbusesPretrial DetentionPreventive DetentionPrisoners |
Author: No More Deaths Title: A Culture of Cruelty: Abuse and Impunity in Short-Term U.S. Border Patrol Custody Summary: In 2006, in the midst of humanitarian work with people recently deported from the United States to Nogales, Sonora, No More Deaths began to document abuses endured by individuals in the custody of U.S. immigration authorities, and in particular the U.S. Border Patrol. In September 2008 No More Deaths published Crossing the Line in collaboration with partners in Naco and Agua Prieta, Sonora. The report included hundreds of individual accounts of Border Patrol abuse, as well as recommendations for clear, enforceable custody standards with community oversight to ensure compliance. Almost three years later, A Culture of Cruelty is a follow-up to that report-now with 12 times as many interviews detailing more than 30,000 incidents of abuse and mistreatment, newly obtained information on the Border Patrol's existing custody standards, and more specific recommendations to stop the abuse of individuals in Border Patrol custody. The abuses individuals report have remained alarmingly consistent for years, from interviewer to interviewer and across interview sites: individuals suffering severe dehydration are deprived of water; people with life-threatening medical conditions are denied treatment; children and adults are beaten during apprehensions and in custody; family members are separated, their belongings confiscated and not returned; many are crammed into cells and subjected to extreme temperatures, deprived of sleep, and threatened with death by Border Patrol agents. By this point, the overwhelming weight of the corroborated evidence should eliminate any doubt that Border Patrol abuse is widespread. Still the Border Patrol's consistent response has been flat denial, and calls for reform have been ignored. We have entitled our report "A Culture of Cruelty" because we believe our findings demonstrate that the abuse, neglect, and dehumanization of migrants is part of the institutional culture of the Border Patrol, reinforced by an absence of meaningful accountability mechanisms. This systemic abuse must be confronted aggressively at the institutional level, not denied or dismissed as a series of aberrational incidents attributable to a few rogue agents. Until then we can expect this culture of cruelty to continue to deprive individuals in Border Patrol custody of their most fundamental human rights. Details: Tucson, AZ: No More Deaths, 2010. 72p. Source: Internet Resource: Accessed August 23, 2014 at: http://www.nomoredeathsvolunteers.org/Print%20Resources/Abuse%20Doc%20Reports/Culture%20of%20Cruelty/CultureofCrueltyFinal.pdf Year: 2010 Country: United States URL: http://www.nomoredeathsvolunteers.org/Print%20Resources/Abuse%20Doc%20Reports/Culture%20of%20Cruelty/CultureofCrueltyFinal.pdf Shelf Number: 133123 Keywords: Border Patrol (U.S.)Border SecurityHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrationPrisoner AbuseUndocumented Immigrants |
Author: Human Rights Watch Title: "No Money, No Justice": Police Corruption and Abuse in Liberia Summary: Police corruption in Liberia undermines access to justice, results in human rights violations, and compromises the establishment of the rule of law in this post-conflict country. Liberian victims of crimes must pay authorities at every stage of a case investigation. Because of the prevalence of police corruption, "justice is not for the poor" is a catchphrase of many Liberians who say wealth, not guilt, often determines the outcome of criminal cases. "No Money, No Justice": Police Corruption and Abuse in Liberia documents the impact of police corruption on the administration of justice. Motorcycle taxi drivers, street sellers, and taxi drivers - whose work keeps them on the streets - are particularly vulnerable to bribery demands from the police. Police officers often arbitrarily arrest and detain and rob these workers, who typically live in poverty. Liberian police officers themselves face numerous challenges in performing their jobs. They lack essential resources, such as fuel for vehicles, and work long hours for low salaries. Commanders pressure their subordinates to make payments up the chain of command, particularly in exchange for promotion. The post-war United Nations presence in Liberia has helped reduce the incidence of torture in detention, but has not made inroads on corruption and abuses connected with extortion. To strengthen respect for basic rights and the rule of law in Liberia, Human Rights Watch calls on the Liberian government to bolster police accountability mechanisms and fulfill its promise of establishing an independent oversight board for the police. In addition, the government and foreign donors should investigate persistent logistics shortfalls that contribute to police officers preying upon the public for material support. Finally, government officials in Liberia should emphasize accountability and good governance in the security sector as essential to the country's promised post-conflict development. Details: New York: HRW, 2013. 74p. Source: Internet Resource: Accessed August 23, 2014 at: http://www.hrw.org/sites/default/files/reports/liberia0813_forUpload_0.pdf Year: 2013 Country: Liberia URL: http://www.hrw.org/sites/default/files/reports/liberia0813_forUpload_0.pdf Shelf Number: 129901 Keywords: Human Rights AbusesPolice AccountabilityPolice Corruption (Liberia)Police MisconductPolicing |
Author: Isacson, Adam Title: Time to Listen: Trends in U.S. Security Assistance to Latin America and the Caribbean Summary: The list grows longer: sitting Latin American presidents, including the United States' principal allies; past presidents; the Organization of American States; the Summit of the Americas; civil society leaders from all nations. The clamor for drug policy reform, including for a reformed U.S. drug policy in Latin America, is growing rapidly. But Washington isn't hearing it. The Obama Administration's counternarcotics strategy has continued largely unchanged. In fact, over the past few years the United States has expanded its military, intelligence, and law enforcement agencies' direct involvement in counternarcotics operations in the Western Hemisphere. This has been particularly true in Central America, where it has had disturbing human rights impacts. Aid numbers do not tell the whole story. In dollar terms, assistance to most Latin American and Caribbean nations' militaries and police forces has declined since 2010, as Colombia's and Mexico's large aid packages wind down. Today, only aid to Central America is increasing significantly. For its part, the Defense Department is facing cuts and turning most of its attention to other regions. While the Pentagon's current approach to Latin America does not include major base construction or new massive aid packages, however, the United States is still providing significant amounts of aid and training to Latin America's armed forces and police. In addition to large-scale counter-drug operations, the region is seeing an increase in training visits from U.S. Special Forces, a greater presence of intelligence personnel and drones (while countries are obtaining drones, mostly not from the United States), and rapidly growing use of military and police trainers from third countries, especially Colombia. Much of what takes place may not show up as large budget amounts, but it is shrouded by secrecy, poor reporting to Congress and the public, and a migration of programs' management from the State Department to the Defense Department. A lack of transparency leads to a lack of debate about consequences and alternatives, for human rights, for civil-military relations, and for the United States' standing in the region. On human rights, the Obama Administration has been occasionally willing to raise tough issues with allies. It has encouraged trials in civilian, not military, courts for soldiers accused of committing gross human rights abuses, especially in Mexico and Colombia. It has supported the Rios Montt genocide trial in Guatemala, and has sided with countries and human rights groups that seek to maintain, not weaken, the current Inter-American human rights system. Details: Washington, DC: Center for International Policy, Latin America Working Group Education Fund, and Washington Office on Latin America, 2013. 32p. Source: Internet Resource: Accessed August 25, 2014 at: http://lawg.org/storage/documents/Time_to_Listen-Trends_in_U.S._Security_Assistance_to_Latin_America_and_the_Caribbean.pdf Year: 2013 Country: Central America URL: http://lawg.org/storage/documents/Time_to_Listen-Trends_in_U.S._Security_Assistance_to_Latin_America_and_the_Caribbean.pdf Shelf Number: 131150 Keywords: Drug Control PolicyDrug EnforcementDrug PolicyDrug TraffickingDrug-Related ViolenceHuman Rights AbusesWar on Drugs (Central America) |
Author: Moor, Marianne Title: The Dark Side of Coal: Paramilitary Violence in the Mining Region of Cesar, Colombia Summary: PAX Netherlands - the Dutch section of Pax Christi International - is calling on Essent, Nuon, E.ON, Delta and Electrabel to stop buying Colombian "blood coal" from the mining companies Drummond and Prodeco. These mining companies must first contribute to the acknowledgment and compensation of the thousands of victims of paramilitary violence around their mines in the 1996-2006 period, and actively oppose the current human rights abuses. Drummond and Prodeco paid the paramilitaries and exchanged strategic information with them, according to statements from perpetrators and witnesses in the investigation report "The Dark Side of Coal", which PAX presented today, 30 June 2014, to the Dutch Minister of Development Cooperation, Lilianne Ploumen. Between 1996 and 2006 paramilitaries murdered a total of 3100 people and drove 55,000 farmers from their land. The victims have never received compensation or acknowledgment. To this day the mining companies benefit from these gross human rights abuses. Some of the land that was seized is within the companies' territory. The trade union has been systematically weakened by lethal violence; any critics have been silenced by threats. Perpetrators and witnesses say the collaboration between the coal mining companies and the paramilitaries in the Colombian department of Cesar consisted of financial and material support and the exchange of strategic information. The main focus of the investigation "The Dark Side of Coal" is Drummond. There are fewer sources for Prodeco's involvement, but the information available warrants further investigation. "The Dark Side of Coal" presents previously unreported testimonies of perpetrators and victims, and is the first systematic investigation into the abuses surrounding the coal mines in Cesar. Details: Utrecht: PAX, The Netherlands, 2014. 142p. Source: Internet Resource: Accessed September 10, 2014 at: http://actie.paxvoorvrede.nl/actie/stop-bloedkolen/ Year: 2014 Country: Colombia URL: http://actie.paxvoorvrede.nl/actie/stop-bloedkolen/ Shelf Number: 133255 Keywords: Coal MiningHomicidesHuman Rights AbusesNatural Resources (Colombia)Paramilitary GroupsViolence |
Author: Watchlist on Children and Armed Conflict Title: "Who Will Care for Us?" - Grave Violations against Children in Northeastern Nigeria Summary: Conflict between the armed group Jama'atu Ahlis Sunna Lidda'awati wal-Jihad (JAS), commonly known as Boko Haram, Nigerian security forces, and civilian self-defense militias, is ravaging Nigeria's fragile northeast. Over the last few years the level of violence and the scale of violations against children have worsened. While the abduction of over 200 girls from Chibok in Borno State has shed some light on these atrocities, much of the impact of the conflict on children is not well understood or addressed. Following a six-week research mission between March and May 2014, Watchlist found that parties to the conflict have subjected boys and girls to forced recruitment, attacks on their schools, killing and maiming, abductions, rape and sexual violence, and arbitrary detention. The humanitarian response has been slow, fragmented, and unable to meet the fast-growing needs of those affected by the conflict. The government of Nigeria, in collaboration with humanitarian, United Nations, and non-governmental actors, needs to take steps to strengthen data collection and programming to support children affected by conflict, to adopt operating procedures to manage children encountered in armed groups, and to expand and implement strategies to promote school safety and security. Details: New York: Watchlist for Children and Armed Conflict, 2014. Source: Internet Resource: Accessed September 10, 2014 at: http://watchlist.org/who-will-care-for-us-grave-violations-against-children-in-northeastern-nigeria/ Year: 2014 Country: Nigeria URL: http://watchlist.org/who-will-care-for-us-grave-violations-against-children-in-northeastern-nigeria/ Shelf Number: 133261 Keywords: Child KidnappingChild Sexual AbuseChildren, Crimes AgainstConflict ViolenceHuman Rights AbusesViolence Against Children |
Author: Human Rights Watch Title: Public Insecurity: Deaths in Custody and Police Brutality in Vietnam Summary: Police brutality, including deaths in police custody, is a regular source of public concern in Vietnam. The problem is so pervasive that even the heavily controlled state media frequently publishes reports about police abuse. Yet extensive government censorship has prevented more in-depth analysis about the problem and its causes, which include a culture of impunity for police officers and their superiors. Public Insecurity explores a large number of illustrative cases of officially acknowledged killings, alleged suicides, unexplained custodial deaths, torture, and beatings in police custody. Many victims are people merely accused of petty crimes, domestic disputes, and traffic violations. Factors contributing to Vietnam's epidemic of police brutality include the politicization of Vietnam's security services, inadequate professional training, particularly of the Commune Police, the absence of a strong legal system or independent judiciary, and insufficient freedom for the local and national media to act as an effective check against official misdeeds. One positive development is the rise of increasingly independent bloggers and citizen journalists who report on police abuses, making it impossible for the authorities to hide this problem from the public and, on occasion, leading to prosecution of police officers. Public Insecurity offers a series of common-sense recommendations to address the prevalence of police abuse in Vietnam. These include: - the establishment of an independent police complaints commission, - high-level support for prompt and impartial investigations and prosecutions of police abuse and misconduct, - adoption of a zero tolerance policy within the police for abuse, - enhancement of the role of legal counsel for suspects and detainees, - better training for police at all levels, particularly for commune police, - installation of cameras in interrogation and detention facilities, and - freedom of expression for journalists and on the Internet. Details: New York: HRW, 2014. 104p. Source: Internet Resource: Accessed September 17, 2014 at: http://www.hrw.org/sites/default/files/reports/vietnam0914_ForUpload_0.pdf Year: 2014 Country: Vietnam URL: http://www.hrw.org/sites/default/files/reports/vietnam0914_ForUpload_0.pdf Shelf Number: 133368 Keywords: Deaths in Custody (Vietnam)Human Rights AbusesPolice BrutalityPolice MisconductPrisoners |
Author: Open Society Foundations Title: Presumption of Guilt: The Global Overuse of Pretrial Detention Summary: Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects - by a conservative estimate - 15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Guilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Details: New York: Open Society Foundations, 2014. 269p. Source: Internet Resource: Accessed September 24, 2014 at: http://www.opensocietyfoundations.org/sites/default/files/presumption-guilt-09032014.pdf Year: 2014 Country: International URL: http://www.opensocietyfoundations.org/sites/default/files/presumption-guilt-09032014.pdf Shelf Number: 133401 Keywords: Human Rights AbusesPretrial Detention (International)Preventive Detention |
Author: Human Rights Watch Title: Locked Up in Karaj: Spotlight on Political Prisoners in One Iranian City Summary: Locked Up in Karaj documents the cases of 62 prisoners held in two separate prisons in Karaj, north-west of Tehran. In all cases, Iranian revolutionary courts appear to have convicted and sentenced them to prison terms on charges arising solely from their involvement in peaceful political activities or their exercise of their rights to free speech or freedom of assembly, association, religion, or opinion, or other rights protected by international human rights law. The report is based on a review of all the cases, including the charges against the prisoners, and on information obtained from family members, lawyers, and other informed sources. Revolutionary courts tried and convicted the prisoner on vague charges, such as "acting against the national security," and "propaganda against the state." The report indicates that none of the 62, who include members of the political opposition, bloggers and journalists, a lawyer, and labor, and minority rights activists, had any involvement in violence. The report also documents cases of prisoners in Karaj prisons who were convicted of committing violent or other serious national security but whom the government may have targeted because of their peaceful activities. These cases were marked by serious due process violations, such as secret hearings, lack of access to a lawyer, prolonged pre-trial incommunicado detention and solitary confinement, and allegations of torture and coerced confessions. Human Rights Watch calls on Iranian authorities to release the 62 political prisoners held in Karaj prisons and all other prisoners and detainees in Iran who are imprisoned solely for exercising their human rights, and to order the fair retrial or release of all prisoners sentenced after trials in which they were denied due process. Details: New York: HRW, 2014. 62p. Source: Internet Resource: Accessed October 9, 2014 at: http://www.hrw.org/sites/default/files/reports/iran0814_ForUpload_1.pdf Year: 2014 Country: Iran URL: http://www.hrw.org/sites/default/files/reports/iran0814_ForUpload_1.pdf Shelf Number: 134019 Keywords: Human Rights AbusesPolitical Prisoners (Iran)PrisonsTorture |
Author: Amnesty International Title: The human cost of Fortress Europe: Human rights violations against migrants and refugees at Europe's borders, Summary: Every year, thousands of migrants and refugees try to reach Europe. Some are fleeing grinding poverty; others are seeking refuge from violence and persecution. The response of the European Union (EU) and its member states has been to invest in surveillance technology, security forces and detention centres, both internally and in neighbouring countries, with one overriding aim: to construct an impenetrable fortress at Europe's borders to keep people out. Fixated on "protecting" borders, EU member states are employing drastic measures, some of which breach their human rights obligations and cause immense human suffering. At some EU borders, migrants and refugees are denied access to asylum procedures and pushed back into neigbouring countries, often in ways that put them at grave risk. They are ill-treated by border guards and coastguards and left stranded in neighbouring countries where there are serious human rights concerns. With safer routes to Europe being closed off through increased securitization, and in the absence of legal channels into the EU, migrants and refugees are attempting ever more hazardous routes. Thousands have died on the journey since 2000; many more are missing feared dead. This report describes some of the key elements of the EU's migration policy and how this policy plays out at the EU border where Bulgaria and Greece meet Turkey, one of the main routes used by Syrian refugees seeking safety in the EU. The report ends with recommendations calling on the EU and member states to review their migration policy urgently in order to shift its primary focus from protecting borders to protecting people. Details: London: AI, 2014. 54p. Source: Internet Resource: Accessed October 9, 2014 at: http://www.amnesty.org/en/library/info/EUR05/001/2014/en Year: 2014 Country: Europe URL: http://www.amnesty.org/en/library/info/EUR05/001/2014/en Shelf Number: 133928 Keywords: Border Security (Europe)Human Rights AbusesIllegal ImmigrantsImmigration EnforcementMigration PolicyRefugees |
Author: Human Rights Watch Title: "You Don't Have Rights Here". US Border Screening and Returns of Central Americans to Risk of Serious Harm Summary: In recent years, the United States has apprehended growing numbers of Central Americans crossing the US-Mexico border without authorization. These migrants have left their countries for many reasons, including fleeing rising violence by gangs involved in the drug trade. US Customs and Border Protection deports the overwhelming majority of migrants it apprehends from Central America in accelerated processes known as "expedited removal" or "reinstatement of removal." These processes include rapid-fire screening for a migrant's fear of persecution or torture upon return to their home country. "You Don't Have Rights Here" details how summary screening at the US border is failing to identify people fleeing serious risks to their lives and safety. It is based primarily on the accounts of migrants sent back to Honduras or in detention in US migrant detention facilities. An analysis of US government deportation data shows that the Border Patrol flags only a tiny minority of Central Americans for a more extended interview to determine if they have a "credible" fear of returning home. Migrants said that Border Patrol officers seemed singularly focused on deporting them and their families despite their fear of return. Some said that after their deportation they went into hiding, fearful for their lives. Human Rights Watch calls on the US government to ensure that immigration authorities give the cases of Central American migrants sufficient scrutiny before returning them to risk of serious harm. It also urges US authorities to stop detaining migrant children, and to improve migrants' access to lawyers. Details: New York: HRW, 2014. 49p. Source: Internet Resource: Accessed October 17, 2014 at: http://www.hrw.org/sites/default/files/reports/us1014_web.pdf Year: 2014 Country: Central America URL: http://www.hrw.org/sites/default/files/reports/us1014_web.pdf Shelf Number: 133732 Keywords: Border SecurityDeportationHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrantsImmigration Enforcement |
Author: Verite Title: Forced Labor in the Production of Electronic Goods in Malaysia: A Comprehensive Study of Scope and Characteristics Summary: You might think about debt bondage in relation to making bricks in South Asia or building skyscrapers in the Middle East, not putting together the pieces of your newest mobile phone or laser printer in Malaysia. But if you are reading this on a tablet, smartphone or computer monitor, then you may be holding a product of forced labor. Verite's two-year study of labor conditions in electronics manufacturing in Malaysia found that one in three foreign workers surveyed in Malaysian electronics was in a condition of forced labor. Because many of the most recognizable brands source components of their products from Malaysia, this means that virtually every device on the market today may have come in contact with modern-day slavery. Verite interviewed more than 500 male and female workers across all major producing regions, electronics products, and foreign worker nationalities. Malaysian nationals were also surveyed. The results of these extensive interviews indicate that forced labor is present in the Malaysian electronics industry in more than just isolated cases, and that the problem is indeed widespread. "Verite's study is the most comprehensive look at forced labor in the Malaysian electronics sector to date," Dan Viederman, CEO of Verite, remarked. "Our report provides a clear sense of the scope of the problem in the industry, as well as the root causes underlying this egregious form of abuse, which center on unlawful and unethical recruitment practices." The report identifies the top factors responsible for making this sector prone to human rights abuses. According to Verite's study, the widespread reliance on third-party agents for the recruitment, management and employment of foreign workers limits their protections and blurs accountability for labor conditions. Other top factors identified by the research as contributors to forced labor include unlawful passport retention, high and hidden recruitment fees resulting in widespread indebtedness that can trap workers in their jobs, deceptive recruitment practices, highly constrained freedom of movement, poor living conditions, fines and other penalties that prevent workers from being able to resign, and inadequate legal protections. Details: Amherst, MA: Verite, 2014. 244p. Source: Internet Resource: Accessed October 23, 2014 at: http://www.verite.org/sites/default/files/images/VeriteForcedLaborMalaysianElectronics2014.pdf Year: 2014 Country: Malaysia URL: http://www.verite.org/sites/default/files/images/VeriteForcedLaborMalaysianElectronics2014.pdf Shelf Number: 133807 Keywords: Electronic GoodsForced Labor (Malaysia)Human Rights Abuses |
Author: International Labor Rights Forum Title: Vietnam's Forced Labor Centers Summary: The victims are alleged drug addicts who are held for periods of two to four years without ever receiving a hearing or a trial in a court of law. Drug center detainees are forced to work under harsh conditions for little or no pay doing a range of repetitive tasks, like sewing t-shirts or mosquito bed nets, painting stone trinkets, and processing cashews, often for private companies. As punishment for refusing to work, violating center rules, or simply not filling a daily quota, detainees report being beaten with wooden truncheons, shocked with electrical batons, or placed in solitary confinement. Vietnam's use of forced labor as drug treatment clearly violates international law, including ILO Convention 29, the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration of Human Rights. The detention centers are also an ineffective form of drug treatment: it is estimated that over 90 percent of former detainees return to using drugs shortly after release. In 2012, twelve UN agencies, including the ILO, World Health Organization (WHO), and United Nations Office on Drugs and Crime (UNODC), issued a joint public statement calling for the closure of compulsory drug detention centers, citing the use of forced labor and the lack of evidence-based drug treatment. Goods made by detainees' forced labor have made their way into global supply chains: in 2011, Columbia Sportswear acknowledged that one of its Vietnamese contractors had subcontracted the production of jacket liners to a detention center near Ho Chi Minh City. Vietnam is the top supplier of cashew nuts to the United States and there is little doubt that some portion of the cashews sold to U.S. consumers are processed by forced labor in the detention centers. Details: Washington, DC: ILRF, 2014. 16p. Source: Internet Resource: Accessed October 24, 2014 at: http://www.laborrights.org/sites/default/files/publications/VN_Forced_Labor_Centers_wr.pdf Year: 2014 Country: Vietnam URL: http://www.laborrights.org/sites/default/files/publications/VN_Forced_Labor_Centers_wr.pdf Shelf Number: 133809 Keywords: Drug OffendersDrug TreatmentForced Labor (Vietnam)Human Rights Abuses |
Author: Human Rights Watch Title: No Way Out: Child Marriage and Human Rights Abuses in Tanzania Summary: Four out of every 10 girls in Tanzania marry before they reach age 18. Some are as young as 7. Child marriage in Tanzania is driven by poverty and the payment of dowry, child labor, adolescent pregnancy, child abuse and neglect, as well as limited access to education and employment opportunities for women and girls. No Way Out: Child Marriage and Human Rights Abuses in Tanzania, is based on in-depth interviews with 135 girls and women in Tanzania. The report documents the detrimental impact of child marriage including the impact on girls' education, the increased exposure to sexual and reproductive health risks, and domestic violence by husbands and extended family members. It also shows how child labor and female genital mutilation are pathways to child marriage. Tanzania lacks a uniform minimum marriage age of 18 for both boys and girls. Gaps in the child protection system, the lack of protection for victims of child marriage, and the many obstacles girls and women face in obtaining redress compel them to endure the devastating and long-lasting consequences of child marriage. Human Rights Watch calls on the Tanzanian government to enact legislation setting 18 as a minimum marriage age and to take immediate measures to protect girls and women from child marriage and other forms of violence to ensure the fulfillment of their human rights, in accordance with Tanzania's international legal obligations. Details: New York: HRW, 2014. 85p. Source: Internet Resource: Accessed October 30, 2014 at: http://www.hrw.org/sites/default/files/reports/tanzania1014_forinsert_ForUpload.pdf Year: 2014 Country: Tanzania URL: http://www.hrw.org/sites/default/files/reports/tanzania1014_forinsert_ForUpload.pdf Shelf Number: 133882 Keywords: Child Marriage (Tanzania)Child ProtectionDomestic ViolenceForced MarriageHuman Rights Abuses |
Author: Amnesty International Title: On the Streets of America: Human Rights Abuses in Ferguson Summary: Michael Brown, an 18-year-old unarmed African American man, was fatally shot by police officer Darren Wilson in Ferguson, Missouri on August 9, 2014. Brown's death set off a long-overdue conversation on race, policing and justice as well as protests that, as of this publication, are ongoing. The events in Ferguson have also raised a range of human rights concerns, including the right to life, the use of lethal force by law enforcement, the right to freedom from discrimination and the rights to freedom of expression and assembly. Amnesty International wrote to Ferguson Police Department on August 12 and the Department of Justice (DOJ) on August 13, reminding authorities of their international human rights obligations. On August 14, a delegation of Amnesty International observers was deployed to Ferguson. This briefing outlines some of the human rights abuses and other policing failures witnessed by those observers and include key recommendations on the use of lethal force by law enforcement officers and the policing of protests. Details: New York: Amnesty International USA, 2014. 26p. Source: Internet Resource: Accessed November 3, 2014 at: http://www.amnestyusa.org/sites/default/files/onthestreetsofamericaamnestyinternational.pdf Year: 2014 Country: United States URL: http://www.amnestyusa.org/sites/default/files/onthestreetsofamericaamnestyinternational.pdf Shelf Number: 133933 Keywords: Human Rights AbusesPolice DiscretionPolice MisconductPolice Use of Force (U.S.) |
Author: Human Rights Watch Title: "They Treat Us Like Animals" : Mistreatment of Drug Users and "Undesirables" in Cambodia's Drug Detention Centers Summary: The Cambodian government claims its eight "drug treatment" centers provide treatment and rehabilitation for people dependent on drugs. In reality, they provide neither. At any one time, these facilities collectively hold around 1,000 men, women, and children: some are dependent upon drugs, others are homeless people, beggars, street children, sex workers, or have actual or perceived disabilities. They do not see a lawyer or a judge before or during detention, receive no formal sentence, and have no way to appeal the decision to detain them. Many are confined as part of "sweep the streets" operations ahead of high-profile international meetings, or visits by foreign dignitaries. "They Treat Us Like Animals," a follow-up to a 2010 Human Rights Watch report on the same issue, is based on interviews with 33 recent detainees of Cambodia's drug treatment centers. It finds that arbitrary detention, forced labor, and physical and sexual abuse continue with impunity. Detainees are punched and kicked by center staff, whipped with rubber water hoses, hit with sticks or branches, shocked with electric batons, and punished with physical exercises intended to cause intense physical pain and humiliation, such as having to crawl along stony ground. Former female detainees described sexual abuse by male guards. Many detainees are forced to work, such as growing vegetables or as part of work gangs on construction sites. Those who refuse are beaten. Despite the international outcry over these centers, Cambodian authorities have not released all detainees, investigated alleged torture and other abuses, or held any perpetrators accountable. Human Rights Watch calls on Cambodia's government to permanently close its drug detention centers. Authorities should also investigate credible reports of torture and other ill-treatment, and appropriately discipline or prosecute those responsible, in accordance with Cambodian and international law. Details: New York: HRW, 2014. 65p. Source: Internet Resource: Accessed November 4, 2014 at: http://www.hrw.org/sites/default/files/reports/cambodia1213_ForUpload_1.pdf Year: 2014 Country: Cambodia URL: http://www.hrw.org/sites/default/files/reports/cambodia1213_ForUpload_1.pdf Shelf Number: 133964 Keywords: Detention CentersDrug Abuse and AddictionDrug Treatment (Cambodia)Human Rights Abuses |
Author: Human Rights Watch Title: Summary: At least 146,000 female migrant domestic workersperhaps many moreare employed in the United Arab Emirates (UAE). Female domestic workers from the Philippines, Indonesia, India, Bangladesh, Sri Lanka, Nepal, Ethiopia, and elsewhere face severe abuse and exploitation by employers and labor recruitment agencies. I Already Bought You: Abuse and Exploitation of Female Migrant Domestic Workers in the United Arab Emirates documents how the UAEs visa sponsorship system (known as kafala) ties migrant workers to employers and how the exclusion of domestic workers from labor law protections leaves migrant domestic workers at risk of abuse. The report exposes barriers preventing abused domestic workers from obtaining remedy, including lack of shelters, penalties for absconding workers, and justice system failings. Based on interviews with 99 female domestic workers, recruitment agents, employers, and others in the UAE, the report documents abuses that domestic workers facepassport confiscation, non-payment of wages, lack of rest periods and time off, confinement to households, excessive work and working hours, food deprivation, and psychological, physical, and sexual abuse. In some cases the abuses amounted to forced labor or trafficking. The UAE has an increasingly influential role in the international labor arena. In 2014, it joined the governing body of the International Labour Organization. At home, however, it maintains the exploitative kafala system, has failed to adopt a bill pending since 2012 on domestic workers rights, and has yet to ratify key international treaties on migrants and domestic workers rights. Human Rights Watch calls for the reform of the kafala system and the introduction of labor law protections and other measures to fully protect domestic workers rights. Details: New York: HRW, 2014. 85p. Source: Internet Resource: accessed November 10, 2014 at: http://www.hrw.org/sites/default/files/reports/uae1014_forUpload.pdf Year: 2014 Country: United Arab Emirates URL: http://www.hrw.org/sites/default/files/reports/uae1014_forUpload.pdf Shelf Number: 134018 Keywords: Domestic Workers (U.S.)Forced LaborHuman Rights AbusesHuman TraffickingMigrant Labor |
Author: Bowers, Mark Title: Solitary Confinement as Torture Summary: The Immigration/Human Rights Policy Clinic (I/HRP)(now the Human Rights Policy Seminar) at the University of North Carolina School of Law is committed to exposing violations of the basic human rights of both citizens and visitors of this state and nation. This policy report seeks to contribute to a growing national advocacy movement that has identified solitary confinement as cruel, inhuman, and degrading form of punishment that is - or at the very least approximates - torture and a severe form of human rights violation and seeks to bring about the end of its use. Torture is one of the basest violations of human rights and shared democratic ideals. Under North Carolina's state constitution, the federal constitution, as well as international law, the nation and the state of North Carolina must not be complicit in any act that falls within this category of atrocity. The duty to take responsibility for human rights violations encompasses the obligation to enlarge an understanding of that which constitutes torture and how it is manifested in various institutions and implemented by various actors. In this interest, as citizens, as concerned human beings, and as advocates, students, faculty, and collaborating advocacy partners endeavored to investigate and shine a light on the realities of the use of solitary confinement within the prison system with a focus on the state of North Carolina. To this end, the authors have relied on a wide range of sources to parse out not only the practice and the outcomes of isolation, but also the evolution of the substantive response to this condition of confinement. This report examines the U.S. Constitution and its protections, the international standards that the United States as a nation has endorsed, as well as North Carolina state legal protections. The conclusion reached is stark and straightforward: solitary confinement is ineffective at decreasing violence within prisons; it is ineffective at preserving public safety; it is ineffective at managing scarce monetary resources; and it violates the boundaries of human dignity and justice. Present efforts to redress this injustice have been, thus far, largely ineffective. Laws and the courts that interpret them must evolve according to the growing body of research that demonstrates that solitary confinement violates basic constitutional and human rights. This report is presented in three parts. SECTION ONE gathers data on the issue of solitary confinement and seeks to define, expose, and delegitimize the practice as inhumane and ineffective. It commences with the narratives of prisoners who have suffered or are suffering long term isolation. These in-depth stories are complemented by the results of a survey that was sent to North Carolina prisoners as a means to get a broader view of conditions of confinement from those on the inside. Added to this evidence are statistics derived from the Department of Public Safety's own database. SECTION ONE also recounts narratives from prisoners in other states who tell similar stories of deprivation and the struggle to maintain their sanity while confined to conditions of isolation. It then reviews the findings of research and studies by mental health professionals, penologists, and criminologists and summarizes the effects of solitary confinement from the perspectives of these experts. SECTION ONE concludes with an overview of the findings from other national advocacy and reform efforts. SECTION TWO explores the substantive legal policy issues related to solitary confinement. It begins with an overview of constitutional jurisprudence, with a focus on Eighth Amendment concerns and the applicability of due process protections. It demonstrates how the current state of the law fails prisoners who would try to challenge their conditions of solitary confinement as a matter of conceptual legal norms and application. It reveals the obstacles prisoners face even when they can show objectively that solitary confinement puts them at extreme risk of irreparable mental or other harm, and the difficulties they face in overcoming the burden of showing deliberate indifference by the officers who sent them to solitary because those officers can point to forty years of jurisprudence holding otherwise. It reveals the need for a different and evolved Eight Amendment interpretation - one that is based on the reality of the practices of prolonged isolation, the research that demonstrates its wrongfulness and ineffectiveness, and basic principles of human dignity. SECTION TWO then turn to the standards of international human rights that have been established by various treaties to which this nation is a signatory. The Convention Against Torture, the International Covenant on Civil and Political Rights, as well as other firmly established international and regional human rights norms prohibit the use of torture under any circumstances, and these prohibitions are fully applicable to solitary confinement. Lastly SECTION TWO considers national standards promulgated by the American Bar Association and the American Correctional Association, possible approaches and remedies based on the laws of state of North Carolina and then compares North Carolina to such national standards. Finally, SECTION THREE offers recommendations for reform. It begins from the premise that solitary confinement is both immoral and ineffective. It considers, as preliminary steps toward the abandonment of the use of isolation as a form of punishment, "technical" reforms that would strictly limit and regulate the practice. More to the point, it then suggests systemic reforms including reducing prison populations, emphasizing rehabilitation, changing institutional prison culture, and ultimately advocates for a complete ban on solitary confinement. SECTION THREE identifies advocacy strategies for reaching reform goals, including litigation, legislative initiatives, and community outreach and organizing. As stated at the outset of this Executive Summary, the conclusion reached is stark and straightforward: solitary confinement is ineffective at decreasing violence within prisons; it is ineffective at preserving public safety; it is ineffective at managing scarce monetary resources; and it violates the boundaries of human dignity and justice. Details: Chapel Hill, NC: University of North Carolina School of Law Immigration/Human Rights Clinic; North Carolina Prisoners Legal Services; In Cooperation With American Civil Liberties Union of North Carolina, 2014. 225p. Source: Internet Resource: Accessed November 12, 2014 at: http://www.law.unc.edu/documents/academics/humanrights/solitaryconfinement/fullreport.pdf Year: 2014 Country: United States URL: http://www.law.unc.edu/documents/academics/humanrights/solitaryconfinement/fullreport.pdf Shelf Number: 134023 Keywords: Human Rights AbusesIsolationPrisonersPunishmentSolitary Confinement (U.S.; North Carolina)Torture |
Author: Justice Centre Hong Kong Title: How Many More Years A Slave? Trafficking for Forced Labour in Hong Kong, Summary: Forced labour, modern slavery, debt bondage and human trafficking are all terms that have recently made their way into headlines in Hong Kong. These have often been in the context of multiple accounts of alleged abuse of foreign domestic helpers, such as the much-publicised cases of Erwiana Sulistyaningsih and Kartika Puspitasari in the past year. There are currently 11.7 million people in forced labour conditions in the Asia-Pacific region. As an important regional hub and both a destination and transit territory for human trafficking, Hong Kong is failing to fully comply with the minimum standards for the elimination of trafficking. Current legislation merely prohibits human trafficking "for the purpose of prostitution", but not for forced labour or other forms of trafficking, which has been criticised in the US State Department's Trafficking in Persons Report, as well as by UN bodies and several human rights organisations. This briefing - the first of a joint series examining modern day slavery in Hong Kong and offering policy solutions - will provide clarity about the distinguishing features and overlaps between forced labour and human trafficking, with reference to international standards. It will go on to identify the gaps in existing legislation, which is currently failing to provide redress in cases of trafficking for forced labour and to prevent further abuses, is neglecting to prosecute traffickers and is not offering adequate protection to victims of trafficking for forced labour in the HKSAR territory. The briefing calls on the Hong Kong Government to: (1) develop a broader definition of human trafficking which encompasses all forms of human trafficking as set out in the UN Trafficking Protocol (2) create a national plan of action to combat human trafficking (3) adopt a comprehensive anti-human trafficking law and (4) offer more robust labour protections against forced labour. Doing so is crucial to prevent further human rights abuses at a time when Hong Kong is looking at other emerging markets for sources of labour. At this critical juncture, the Hong Kong Government has an opportunity and the resources to redouble its efforts to combat modern forms of slavery and serve as a model in the Asia-Pacific region. Details: Hong Kong: Justice Centre Hong Kong, 2014. 23p. Source: Internet Resource: Accessed November 25, 2014 at: http://www.justicecentre.org.hk/framework/uploads/2014/03/JCHK_Report_final_spreads.pdf Year: 2014 Country: Hong Kong URL: http://www.justicecentre.org.hk/framework/uploads/2014/03/JCHK_Report_final_spreads.pdf Shelf Number: 134246 Keywords: Debt BondageDomestic WorkersForced Labor (Hong Kong)Human Rights AbusesHuman Trafficking |
Author: Human Rights Watch Title: Flawed Accountability: Shortcomings of Tunisia's Trials for Killings during the Uprising Summary: During Tunisia's "jasmine uprising" from December 2010 to January 2011 that led to the toppling of President Zine el Abidine Ben Ali after more than 23 years in power, Tunisian security forces killed 132 protesters and injured hundreds. Subsequently, more than 50 former government officials, police officers and members of other security forces were charged in connection with the killings and put on trial. The trials, conducted before military courts, represented a historical opportunity to achieve accountability. Based on an analysis of the written verdict and other court documents, and interviews with lawyers, victims and prosecutors, Flawed Accountability; Shortcomings of Tunisia's Trials for killings during the Uprising, assesses the trials and identifies key shortcomings that hampered the accountability process, and undermined its capacity to deliver justice for the victims. These included: the use of military courts; weak evidence gathering; flawed legal reasoning; lenient sentences; inadequate criminal law on command responsibility; and the failure to secure the extradition of Ben Ali from Saudi Arabia. The report calls on the Tunisian authorities to ensure full accountability for past human rights abuses by officials and members of the security forces and outlines measures to address obstacles to achieving national transitional justice. Details: New York: HRW, 2015. 54p. Source: Internet Resource: Accessed January 15, 2015 at: http://www.hrw.org/sites/default/files/reports/tunisia0115_ForUpload.pdf Year: 2015 Country: Tunisia URL: http://www.hrw.org/sites/default/files/reports/tunisia0115_ForUpload.pdf Shelf Number: 134408 Keywords: Human Rights AbusesPolice AccountabilityPolice BrutalityPolice Use of Force (Tunisia) |
Author: Deaton, Janice Title: Detention Without Charge: The Use of Arraigo for Criminal Investigations in Mexico Summary: Justice in Mexico is pleased to announce the publication of Detained Without Charge, a special report provides a detailed assessment of the use of arraigo as a prosecutorial mechanism in Mexico, as national and international organizations have increasingly questioned the practice. Evidence collected for this report suggests that detention without charge is a poor substitute for due process protections that help to ensure the integrity and legitimacy of police and prosecutorial investigations. Arraigo, is a form of preventive detention that allows for imprisonment without formal charges for up to 80 days. This investigative tool is presently authorized under Article 16 of the Mexican Constitution as amended in the 2008 reforms that underpin Mexico's ongoing transition to adversarial criminal justice. Among the key findings of this report we find: - 3,166 arraigos were requested by prosecutors from December 2006 through December 2012, of which 2,939 were granted by judicial authority; thus, only 277 requests were denied. Overall, from 2007 to 2012 the percentage of arraigos denied by the judicial authority was just 7%, which indicates that once the prosecutor submitted its request to the judicial authority, 13 out of 14 suspects were detained under arraigo. Of those 13, at least seven were held for more than the initially granted 40-day period. Statements from Mexican authorities suggest that only 3.2% of all arraigos from 2011 to 2012 led to a conviction, meaning that the margin of error could be more than 95%. - Preventive and administrative detentions refer to detention without charge, and are contrary to basic human rights law and specific international conventions, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the American Convention on Human Rights. - Because of the arbitrary nature of detention and prevalence of torture and other human rights violations under arraigo, it has received criticism and grabbed the international attention of numerous human rights organizations and bodies, from the United Nations to Amnesty International, and domestically from Mexico's National Human Rights Commission to the Mexican Commission of the Defense and Promotion for Human Rights, among many others. - Reports by the United Nations and other national and international organizations have found patterns of violations under arraigo, including denial of counsel, torture, and being held incommunicado. - The length and reasonableness of detention, access to counsel, judicial access, torture, and/or right to habeas corpus are all issues raised by human rights advocates and international organizations about the practice of arraigo. - Mexico is not the only country that applies a regime of preventive detention. Other countries, especially under the flag of "preventing terrorism," have developed their own forms of detention with certain similarities, but evident differences from arraigo. Examples are the United Kingdom, Ireland, and Israel, among others. -The authors recommend that the use of arraigo be eliminated and prohibited by the constitution, or at a minimum that major modifications be made to provide some measure of protection of the fundamental rights of individuals detained without charge. Details: San Diego: Justice in Mexico, Department of Political Science & International Relations, University of San Diego, 2015. 48p. Source: Internet Resource: Accessed February 5, 2015 at: https://justiceinmexico.org/wp-content/uploads/2015/01/150112_ARRAIGO_Final.pdf Year: 2015 Country: Mexico URL: https://justiceinmexico.org/wp-content/uploads/2015/01/150112_ARRAIGO_Final.pdf Shelf Number: 134547 Keywords: Human Rights AbusesPretrial DetentionPreventive Detention (Mexico) |
Author: United Nations High Commissioner for Refugees Title: Too Much Pain: Female Genital Mutilation and Asylum in the European Union Summary: Female genital mutilation (FGM) includes procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons. This harmful traditional practice is most common in the western, eastern, and north-eastern regions of Africa; in some countries in Asia and the Middle East; and among migrant and refugee communities from these areas in Europe, Australia, New Zealand, Canada and the United States of America. FGM is recognized internationally as a violation of the human rights of girls and women. The practice also violates a person's rights to health, security and physical integrity; the right to be free from torture and cruel, inhuman or degrading treatment; and the right to life when the procedure results in death. The practice of FGM is also considered as a criminal act in all EU Member States. This statistical overview has been prepared on the occasion of the European Institute for Gender Equality (EIGE) study on FGM in the European Union and Croatia. Little is known about FGM in the European Union in general, and this statement holds true about FGM and asylum more specifically. In light of the recognized need for country- and community-tailored responses, this study provides some of the statistical evidence needed to advance the discussion on the necessary policies and tools to address the specific vulnerabilities of female asylum-seekers with FGM in the asylum system on the one hand, and of refugee girls and women living with FGM and integrating in EU Member States on the other hand. In addition, in the absence of statistical data on asylum claims relating to this harmful traditional practice, this document also provides estimates that draw attention to the specific needs for international protection girls (and their parents) as well as women may raise in relation to FGM. Details: Geneva, SWIT: UNHCR, 2013. 36p. Source: Internet Resource: Accessed February 12, 2015 at: http://www.refworld.org/pdfid/512c72ec2.pdf Year: 2013 Country: International URL: http://www.refworld.org/pdfid/512c72ec2.pdf Shelf Number: 134617 Keywords: Asylum SeekersChild Abuse and NeglectChild ProtectionFemale CuttingFemale Genital Mutilation Gender-Related ViolenceHuman Rights AbusesViolence Against Women |
Author: Human Rights Watch Title: Tiger Chairs and Cell Bosses: Police Torture of Criminal Suspents in China Summary: After cases of police brutality against criminal suspects emerged in 2009 and 2010, China's government announced new measures to curb torture and wrongful convictions. These included restrictions on the conduct of interrogations and prohibitions on using detainee "cell bosses" to oversee other detainees. The Ministry of Public Security claims that the use of coerced confessions has dropped significantly as a result of the reforms. Tiger Chairs and Cell Bosses- based primarily on an analysis of hundreds of newly published court decisions and interviews with recent detainees, family members, lawyers, and former officials-finds that the measures adopted between 2009 and 2013 have not gone nearly far enough to fully address abusive interrogations. Some police officers deliberately thwart the new protections by taking detainees from official detention facilities or by using torture methods that leave no visible injuries. Procurators and judges may ignore clear evidence of mistreatment, rendering China's new "exclusionary rule" - which prohibits the use of evidence directly obtained through torture - of little benefit. Police torture of suspects in pre-trial detention remains a serious concern. Former detainees described physical and psychological torture, including being forced to spend days shackled to a "tiger chair," hung by the wrists, and deprived of sleep for prolonged periods. While measures adopted since 2009 appear to have reduced certain abuses, they are being grafted onto a criminal justice system that still offers police numerous opportunities to abuse suspects and affords the police enormous power to resist any judicial supervision. Absent more fundamental reforms in the Chinese criminal justice system that empower defense lawyers, the judiciary, and independent monitors, the elimination of routine torture and ill-treatment is unlikely. Details: New York: HRW, 2015. 143p. Source: Internet Resource: Accessed May 13, 2015 at: http://www.hrw.org/sites/default/files/reports/china0515_ForUpload.pdf Year: 2015 Country: China URL: http://www.hrw.org/sites/default/files/reports/china0515_ForUpload.pdf Shelf Number: 135632 Keywords: Human Rights AbusesPolice BrutalityPolice MisconductPolice Use of ForcePrisoner AbusePrisonersTorture |
Author: Physicians for Human Rights Title: Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Summary: Violence against ethnic and other minority groups living in Burma (officially the Union of Myanmar) has marked the country's history over the past several decades. Burma's former military regime made common practice of targeting ethnic communities for forced labor, sexual violence, and other serious crimes. Under Burma's current nominally democratic government, violence against marginalized groups has escalated to an unprecedented level as Rohingyas and other Muslims throughout Burma face renewed acts of violence. Persecution and violence against Rohingyas, a Muslim group long excluded from Burmese society and denied citizenship, has spread to other Muslim communities throughout the country. Serious human rights violations, including anti-Muslim violence, have resulted in the displacement of nearly 250,000 people since June 2011, as well as the destruction of more than 10,000 homes, scores of mosques, and a dozen monasteries. The successive waves of violence too often go unpunished by the Burmese government. At times, the crimes have even been facilitated by the police. The failure of the Burmese government to properly protect its people and address human rights violations committed by police officers signals serious obstacles ahead on the path from military dictatorship to a truly democratic country where everyone has a voice and the rights of all people are respected and protected. One of the most extreme and alarming examples of anti-Muslim violence was the March 2013 massacre of dozens of Muslim students, teachers, and other community members in Meiktila, a town in central Burma. Physicians for Human Rights (PHR) conducted an in-depth investigation into those killings and released a report in May 2013 detailing the crimes. In an effort to place this particular incident in the wider context of ongoing violence, PHR produced this report to analyze and asses patterns of extreme violence from various sites across the country, which indicate that the government has consistently failed to properly address attacks driven by hate speech and racism. Further investigation by an independent commission is necessary to uncover additional details about the organization and motivation behind the recent violence. There are no simple solutions to stem rising tides of religious hatred and violence. The people of Burma face the significant task of choosing how to grapple with intolerance and anti-Muslim hatred, as well as myriad abuses by the government against other marginalized groups. The ultimate responsibility, however, rests with the Government of Burma, which must ensure that people are protected from violence and that any perpetrators are investigated, arrested, and charged according to fair and transparent legal standards. As this report demonstrates, while there have been several arrests following some of the most extreme outbreaks of violence, the government must do more not only to respond to the individual acts of violence, but also to promote an atmosphere of tolerance and acceptance where the rights of all people are protected. The Burmese government also has the responsibility to find durable solutions to end violence that respect ethnic diversity. Institutionalized displacement and segregation are abhorrent and unsustainable responses that have devastating consequences for those displaced by violence or fear of persecution. PHR conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR's most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013. The Government of Burma, civil society leaders, and the international community must act immediately to stop anti-Muslim violence in the country. The unhampered spread of violent incidents across Burma exposes concerning indicators of future violence. There is, for instance, rapid dissemination of hate speech against marginalized groups, widespread impunity for most perpetrators, and inaction or acquiescence by many leaders in government and the democracy movement. As we have witnessed in the past, these elements are ingredients for potential catastrophic violence in the future, including potential crimes against humanity and/or genocide. If left unchecked, this particular combination could lead to mass atrocities on a scale heretofore unseen in Burma. Details: New York: Physicians for Human Rights, 2013. 44p. Source: Internet Resource: Accessed May 26, 2015 at: https://s3.amazonaws.com/PHR_Reports/Burma-Violence-Report-August-2013.pdf Year: 2013 Country: Burma URL: https://s3.amazonaws.com/PHR_Reports/Burma-Violence-Report-August-2013.pdf Shelf Number: 129780 Keywords: Bias-Related CrimesEthnic GroupsHate CrimesHomicidesHuman Rights AbusesMinority GroupsMuslimsReligionViolenceViolent Crime |
Author: Baird, Theodore Title: Theoretical Approaches to Human Smuggling Summary: Human smuggling is a global phenomenon which has been difficult to research. Even though there is a large and growing literature on human smuggling, the literature lacks a systematic review of the major theoretical and conceptual approaches. This literature review is organized with the purpose of clarifying and understanding the diversity of theoretical approaches used in the study of migrant smuggling. Six separate theoretical approaches are identified and discussed: 1) organizational or network approaches, partially based on criminological models; 2) mode of crossing and likelihood of capture models, including estimations of migration rates and flows; 3) migration industry and market approaches; 4) global historical comparisons; 5) human rights responses which are concerned with legal arguments; and 6) gender approaches. The review concludes with suggestions for future research. Details: Copenhagen: Danish Institute for International Studies, 2013. 29p. Source: Internet Resource: DIIS Working Paper 2013:10: Accessed May 28, 2015 at: http://www.diis.dk/files/media/publications/import/extra/wp2013-10_ted_baird_human_smuggling_web_1.pdf Year: 2013 Country: International URL: http://www.diis.dk/files/media/publications/import/extra/wp2013-10_ted_baird_human_smuggling_web_1.pdf Shelf Number: 129959 Keywords: Human Rights AbusesHuman Smuggling Immigration Migrants |
Author: Eaves For Women Title: "It's a Human Rights Abuse...End Off": A study of young people's attitudes to forced marriage and its gendered dimensions Summary: Forced marriage is a human rights violation. It is recognised as a gendered form of abuse both in terms of the prevalence of cases (82-86% of reported cases are female) and in terms of the proportionate gendered impact of the harms of forced marriage. Forced marriage can involve kidnapping, abduction, physical and emotional abuse for all victims, male or female. It also can involve rape, the abuse of sexual and reproductive rights and of personal and sexual autonomy. Forced marriage brings with it lasting traumatic and deleterious effects for the individuals involved. This can include damage to an individuals ability (particularly women and girls) to fulfil their potential in education, employment, and social and personal lives and to gain personal financial independence. It can result in severe mental health issues and can trap individuals in abusive and violent marriages. The effects are damaging for the wider community as well. The perpetuation of forced marriage contributes to a lack of understanding of the practising community and feeds racist stereotypes and prejudice. Where individuals from certain communities are caught up in forced marriage, this can have implications for their full contribution to the wider social and economic fabric of society. Forced marriages continue to occur but the actual figures are difficult to establish definitively. In 2012, the FCO reported that they provide advice and support in some form to around 1485 queries relating to forced marriage from individuals and agencies a year. Of these some 300 may turn into full cases. Ages of victims vary hugely but the majority are young people between ages 17-25. The focus of this study is these young people, and their own views on addressing forced marriage and how it impacts on men and women. Details: London: Eaves For Women, 2014. 98p. Source: Internet Resource: Accessed June 4, 2015 at: http://i4.cmsfiles.com/eaves/2014/01/It's-a-Human-Rights-Abuse-e06b0a.pdf Year: 2014 Country: United Kingdom URL: http://i4.cmsfiles.com/eaves/2014/01/It's-a-Human-Rights-Abuse-e06b0a.pdf Shelf Number: 135890 Keywords: Forced Marriage Human Rights Abuses |
Author: Middelburg, M.J. Title: Implementation of the international and regional human rights framework for the elimination of female genital mutilation Summary: Female Genital Mutilation (FGM) is the practice of partially or totally removing the external female genitalia or otherwise injuring the female genital organs for non-medical reasons. It is often believed to be a requirement for marriage and necessary to control women's sexuality. FGM is a reproductive health and human rights concern that has devastating short-term and long-term impacts on the lives of women and girls. The procedure is risky and life-threatening for the girl both during the procedure and throughout the course of her life. FGM is considered a harmful practice and a form of violence against women Before the 1990s, the international community did not view violence against women in general and more specifically FGM as a major issue. If violence against women was recognized as an issue at all, it was seen as under the purview of national governments, not a subject of international law. Violence against women was widely viewed as a private act or a domestic matter carried out by private individuals. For this reason FGM was initially placed beyond the scope of international human rights law. This changed in the 1990s with the global movement against violence against women. Landmark events were the adoption of General Recommendation No. 14 on female circumcision (1990) and General Recommendation No. 192 on violence against women (1992) by the Committee on the Elimination of Discrimination against Women. The Committee explicitly included violence against women as a matter falling under the scope of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and thus under international human rights law. The World Conference on Human Rights (1993) was another landmark event. The concluding document, the Vienna Declaration and Programme of Action, expanded the international human rights agenda to include gender-based violence. It advocated the importance of "working towards the elimination of violence against women in public and private life, and the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices." A few months after the conference, the General Assembly adopted the Declaration on the Elimination of Violence against Women. This was another key step, as it recognized FGM as a form of violence against women for the first time. In article 2, the declaration expressly stated that "Violence against women shall be understood to encompass, but not be limited to, the following: female genital mutilation and other traditional practices harmful to women." Although not legally binding, this declaration strengthened the growing international consensus that gender-based violence is a human rights violation. Details: New York: UNFRA, 2014. 89p. Source: Internet Resource: Accessed August 31, 2015 at: https://pure.uvt.nl/portal/files/5332551/Paper_UNFPA_New_York.pdf Year: 2014 Country: International URL: https://pure.uvt.nl/portal/files/5332551/Paper_UNFPA_New_York.pdf Shelf Number: 136620 Keywords: Female CuttingFemale Genital MutilationGender-Based ViolenceHuman Rights AbusesViolence Against Women, Girls |
Author: Human Rights Watch Title: State of Fear: Arbitrary Arrests, Torture, and Killings Summary: Gambia's human rights record is among the worst in African. Since taking power over two decades ago, President Yaya Jammeh has ruthlessly suppressed dissent, shutdown virtually all independent media, and has routinely cracked down on journalists, opposition members, rights activists, student leaders, religious leaders, relatives of alleged coup plotters, and civil servants. Since 2014 when the Jammeh administration introduced anti-gay legislation which imposes a life sentence for a series of new "aggravated homosexuality" offenses, state security forces have targeted lesbian, gay, bisexual and transgender people with a wave of arrests and detentions. State of Fear, based on two research trips to Senegal and Gambia and more than 60 interviews, including with victims, witnesses and perpetrators of abuses, documents numerous violations allegedly perpetrated by Gambia's security forces, intelligence agents and a paramilitary group. These include extrajudicial killings, enforced disappearances, torture, and arbitrary arrests and detentions. Many of these violations appear to be used by the authorities to instill fear in the population, which, together with a judicial system lacking independence, prevents victims and family members from seeking justice. The government has systematically failed to protect its own citizens and neglected to hold accountable those responsible for serious abuses. Human Rights Watch calls on the government of Gambia to urgently investigate and prosecute perpetrators of human rights abuses, disarm and disband paramilitary groups, and ensure security forces respect the due process rights of all individuals. The government should also implement key recommendations from both the United Nations Human Rights Council's 20th Universal Periodic Review of Gambia and the 2015 reports of the UN Special Rapporteurs on torture and on extrajudicial executions. Details: New York: HRW, 2015. 89p. Source: Internet Resource: Accessed September 17, 2015 at: https://www.hrw.org/sites/default/files/report_pdf/gambia0915_4up.pdf Year: 2015 Country: Africa URL: https://www.hrw.org/sites/default/files/report_pdf/gambia0915_4up.pdf Shelf Number: 136806 Keywords: Arbitrary ArrestsExtrajudicial ExecutionsHuman Rights AbusesParamilitary GroupsTorture |
Author: Gonzalez, Jacinta Title: Deporting the Evidence: Migrant Workers in the South Expose How U.S. Immigration Enforcement against Human Rights Defenders Violates the International Covenant on Civil and Political Rights Summary: This report exposes the ways in which the United States is "deporting the evidence," by arresting, detaining, and removing individuals engaged in defending themselves and their communities against serious violations of the International Covenant on Civil and Political Rights (ICCPR). In some cases, the state uses immigration enforcement to retaliate against persons who expose governmental abuses of civil and political rights. In other cases, the state cooperates with private actors who use immigration enforcement to hide their own unlawful behavior. Not only do these actions by the United States directly violate the ICCPR, they also prevent human rights abuses from being exposed or verified because victims and witnesses are intimidated, locked away, or removed from the country. This report documents the stories of "the Southern 32," a campaign of migrant workers in the southern region of the United States who are fighting government efforts to deport them in retaliation for the work they are doing to defend human rights. The southern region offers a microcosm of the broader challenges the United States faces in fully realizing its obligations to vulnerable immigrant communities under the International Covenant on Civil and Political Rights. In the last seven years, five major hurricanes have caused tens of billions of dollars of damage to the region. Immigrants, primarily Latino and Hispanic, have played a crucial role in the rebuilding effort, often performing the most essential and dangerous jobs. Today in New Orleans, many of the migrant workers who originally arrived to help with the post-Katrina recovery effort now live with their families in the city, intimately joined in the fabric of the community. Because they live and work either without formal governmental permission or with limited status as temporary contract workers, they are uniquely vulnerable to exploitation. Despite their essential contribution to the revitalization of the city and the region, these workers continue to face widespread human rights violations. Details: New Orleans, LA: New Orleans Workers Center for Racial Justice, 2008. 26p. Source: Internet Resource: Accessed September 18, 2015 at: http://nowcrj.org/wp-content/uploads/2008/11/DeportingtheEvidence_web.pdf Year: 2008 Country: United States URL: http://nowcrj.org/wp-content/uploads/2008/11/DeportingtheEvidence_web.pdf Shelf Number: 136829 Keywords: Day Laborers Human Rights AbusesImmigration Enforcement Migrant Workers |
Author: Godoy, Angelina Snodgrass Title: God Alone was with Us: The Santa Cruz massacre Summary: This report represents the first attempt to systematically document the massacre of Santa Cruz, which occurred in the context of a November 1981 scorched earth operation in Cabanas department in northern El Salvador. The massacre is the subject of an ongoing criminal investigation in El Salvador; survivors attribute command responsibility for the atrocity to Col. Sigifredo Ochoa Perez (Ret.), currently a member of the Salvadoran Legislative Assembly, among other parties. The research presented here draws on numerous sources. First, we have collaborated extensively with the Instituto de Derechos Humanos de la Universidad Centroamericana "Jose Simeon Canas," whose lawyers represent several victims seeking justice in this case and whose research team conducted related investigations in 2013. We also draw on conversations our research team has held with survivors in both El Salvador and the United States, some of whom have given public testimony about these events, and others with whom our researchers spoke to in confidence, due to ongoing concerns for their safety. We have conducted extensive research through declassified documents from various United States government agencies, using documents that were already public as a result of requests from past researchers, as well as documents we obtained through over one hundred Freedom of Information Requests filed since 2012. Lastly, we consulted news media from the period, reviewed the reports by human rights organizations, and perused scholarly publications for additional information pertaining to these events. Taken together, these sources provide powerful evidence that crimes against humanity occurred in the area surrounding Santa Marta, in the municipality of Victoria, Cabanas, during the military operation of November 11-19, 1981. While this report documents significant evidence of major atrocities, it is offered in full recognition of the fact that further investigation remains necessary to establish the details of everything that transpired. Indeed, such a task is urgent, both to preserve historical memory and to pursue legal accountability for these crimes. We hope that our efforts here might help spur those with the responsibility to conduct a thorough investigation, including forensic exhumations of the numerous reported gravesites, to do so. Details: Seattle, WA: University of Washington, Center for Human Rights, 2015. 36p. Source: Internet Resource: Accessed October 5, 2015 at: http://unfinishedsentences.org/wp-content/uploads/2015/02/GodAloneWasWithUs.pdf Year: 2015 Country: El Salvador URL: http://unfinishedsentences.org/wp-content/uploads/2015/02/GodAloneWasWithUs.pdf Shelf Number: 136962 Keywords: HomicidesHuman Rights AbusesMass Murders |
Author: Pai, Aarthi Title: The Right(s) Process: Documenting a Collaborative Research Initiative Summary: This publication documents the lessons learned from the process of implementing a four-country research project on sex work and violence through the narratives and reflections of those who participated in the research since its inception in 2011. The publication was commissioned by the Centre for Advocacy on Stigma and Marginalization (CASAM) in consultation with APNSW, UNDP, UNFPA and P4P (Asia-Pacific regional offices in Bangkok). Funding for the travel to conduct interviews towards this documentation was provided by UNDP. This document chronicles the process behind the multi-country study 'The Right(s) Evidence - Sex Work, Violence and HIV in Asia', from the time of initiating the research in 2011 up to the completion of the regional report in December 2014. Data for the document was collected through interviews with community members who participated in the research, lead researchers, peer lead researchers, the Regional Steering Committee members and members of the four National Working Groups. Participation in this process documentation was voluntary. Care was taken to ensure informed consent from all participants in collecting their views. The purpose of this document was explained in detail and the interviews with sex workers were conducted in the presence of sex worker community leaders from each country or in the presence of the study's researchers. In some cases, the interviews were conducted over email and facilitated by the country researchers and members of the Asia Pacific Network of Sex Workers. Details: CASAM, APNSW, UNDP, UNFPA, 2015. 96p. Source: Internet Resource: Accessed October 26, 2015 at: http://www.nswp.org/sites/nswp.org/files/THE%20RIGHTS%20PROCESS.pdf Year: 2015 Country: Asia URL: http://www.nswp.org/sites/nswp.org/files/THE%20RIGHTS%20PROCESS.pdf Shelf Number: 137146 Keywords: Human Rights AbusesProstitutesProstitutionSex Workers |
Author: Gros, Hanna Title: Summary: Every year thousands of non-citizens ("migrants") are detained in Canada; in 2013, for example, over 7300 migrants were detained. Nearly one third of all detention occurs in a facility intended for a criminal population. Migrants detained in provincial jails are not currently serving a criminal sentence, but are effectively serving hard time. Our research indicates that detention is sometimes prolonged, and can drag on for years. Imprisonment exacerbates existing mental health issues and often creates new ones, including suicidal ideation. Nearly one third of all detention occurs in a facility intended for a criminal population, while the remaining occurs in dedicated immigration holding centres (IHCs) in Toronto (195 beds), Montreal (150 beds), and Vancouver (24 beds, for short stays of less than 72 hours). Nearly 60% of all detention occurs in Ontario. A Canadian Red Cross Society report notes that, Canada Border Services Agency (CBSA) held 2247 migrants in detention in Ontario provincial jails in 2012. Unfortunately, more up-to-date statistics are not publicly available. Immigration detention is costly. In 2011-2012, the last year for which there is publicly - available information, CBSA spent nearly $50,000,000 on detention - related activities. In 2013, CBSA paid the provinces over $26,000,000 to detain migrants in provincial jails - over $20,000,000 of that was paid to the province of Ontario. CBSA states that detention in a provincial jail costs $259 per day, per detainee. This report finds that Canada's detention of migrants with mental health issues in provincial jails is a violation of binding international human rights law and constitutes arbitrary detention; cruel, inhuman and degrading treatment; discrimination on the basis of disability; violates the right to health; and violates the right to an effective remedy. We find that migrants with mental health issues are routinely detained despite their vulnerable status. Some detainees have no past criminal record, but are detained on the basis that they are a flight risk, or because their identity cannot be confirmed. Due to the overrepresentation of people with mental health issues in Canada's criminal justice system, some migrants with mental health issues are detained on the basis of past criminality - this is after serving their criminal sentence, however minor the underlying offence. Some spend more time in jail on account of their immigration status than the underlying criminal conviction. Despite Canada's strong commitment to the rights of persons with disabilities, migrants with serious mental health issues are routinely imprisoned in maximum-security provincial jails (as opposed to dedicated, medium-security IHCs). Indeed, the Canadian government publicly states that one of the factors it considers in deciding to transfer a detainee from an IHC to a provincial jail is the existence of a mental health issue. Counsel and jail staff we spoke to noted that migrants are often held in provincial jails on the basis of pre-existing mental health issues (including suicidal ideation), medical issues, or because they are deemed 'problematic' or uncooperative by CBSA. The government claims that detainees can better access health care services in jail, even though all our research indicates that mental health care in provincial jails is woefully inadequate and has been the subject of recent reports and human rights complaints. Alarmingly, we could find no established criteria in law to determine when a detainee can or should be transferred from an IHC to a provincial jail - the decision is at the whim of CBSA. Detainees' counsel are not notified of the transfer in advance and do not have the right to make submissions to challenge it. Of course, outside of Toronto, Vancouver and Montreal, all detainees are held in jails since there are no dedicated facilities to house migrants. Once a detainee finds him or herself in provincial jail, they fall into a legal black hole where neither CBSA nor the provincial jail has clear authority over their conditions of confinement. This is especially problematic since, in Ontario at least, there is no regular, independent monitoring of provincial jails that house immigration detainees. Unfortunately, while the laws and policies on their face pay lip service to the importance of exploring alternatives to detention, the numerous counsel and experts we interviewed all identified the lack of meaningful or viable alternatives to detention for those with mental health issues due to ingrained biases of government officials and quasi-judicial decision-makers who review continued detention. In practice, the detention review process, which is meant to mitigate the risk of indefinite detention, actually facilitates it. Ontario counsel we spoke to uniformly expressed frustration with the futility of the reviews, where a string of lay decision-makers preside over hearings that last a matter of minutes, lack due process, and presume continued detention absent "clear and compelling reasons" to depart from past decisions. It is an exercise in smoke and mirrors. The immigration detainees we profile spent between two months and eight years imprisoned in maximum-security provincial jails, and each had a diagnosed mental health issue and/or expressed serious anxiety or suicidal ideation. Without exception, detention in a provincial jail, even for a short period, exacerbated their mental health issues, or created new ones. This is, of course, unsurprising given the overwhelming evidence that immigration detention is devastating for those with mental health issues. Without exception, the immigration detainees we spoke to communicated incredible despair and anxiety - over their immigration status, their seemingly indefinite detention, their lack of legal rights, their conditions of confinement, and the lack of adequate mental health resources to allow them to get better. They are treated like "garbage," "animals," or something less than human. The detention of migrants with mental health issues in provincial jails violates the human rights of some of the most vulnerable people in Canadian society. It violates numerous human rights treaties to which Canada is a party, including the International Covenant on Civil and Political Rights and the Convention on the Rights of Persons with Disabilities, as well as jus cogens norms of customary international law. Details: Toronto: International Human Rights Program (IHRP) University of Toronto Faculty of Law, 2015. 129p. Source: Internet Resource: Accessed October 27, 2015 at: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/IHRP%20We%20Have%20No%20Rights%20Report%20web%20170615.pdf Year: 2015 Country: Canada URL: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/IHRP%20We%20Have%20No%20Rights%20Report%20web%20170615.pdf Shelf Number: 137152 Keywords: Human Rights AbusesIllegal ImmigrantsImmigrant DetentionMental Health ServicesMigrantsUndocumented Immigrants |
Author: Human Rights Watch Title: "Call Me When He Tries to Kill You": State Response to Domestic Violence in Kyrgyzstan Summary: Domestic violence affects nearly one-third of women and girls ages 15-49 in Kyrgyzstan. Yet state authorities are failing to provide adequate protection, services, and access to justice for survivors. Based on over 90 interviews, including with 28 survivors of domestic abuse, "Call Me When He Tries to Kill You": State Response to Domestic Violence in Kyrgyzstan documents ongoing, severe domestic violence, usually perpetrated by husbands or partners. Women described abuse including stabbing, choking, rape, beatings, public humiliation, and blocking access to medical treatment. Kyrgyzstan adopted a domestic violence law in 2003, but, as this report documents, significant gaps remain in its response to such abuse. Many officials push survivors to reconcile with their abusers. Survivors said authorities often refuse to register or investigate complaints, fail to issue or enforce protection orders, and treat domestic violence cases as minor offenses. Other survivors said they withdrew or never filed complaints due to pressure and fear. Inadequate shelter and other services frequently leave survivors feeling that they have nowhere to turn. With a new domestic violence law under consideration, this is a critical time for Kyrgyzstan to tackle this life-threatening problem. Human Rights Watch calls on the government to ensure that new domestic violence legislation strengthens protection and accountability, and to enforce such measures. Police, prosecutors, and judges should investigate and prosecute domestic violence. The government should also ensure that survivors across Kyrgyzstan can access shelter, health, psychosocial, and legal services. Details: New York: HRW, 2015. 105p. Source: Internet Resource: Accessed October 30, 2015 at: https://www.hrw.org/sites/default/files/report_pdf/kyrgyzstan1015_4up.pdf Year: 2015 Country: Kyrgyzstan URL: https://www.hrw.org/sites/default/files/report_pdf/kyrgyzstan1015_4up.pdf Shelf Number: 137184 Keywords: Domestic Violence Family Violence Human Rights AbusesViolence Against Women, Girls |
Author: Amnesty International Title: By Hook or By Crook: Australia's Abuse of Asylum-Seekers at Sea Summary: Operation Sovereign Borders is Australia's military-led border control operation. In operations called turn-backs, Australian officials intercept boats of asylum-seekers and prevent them from landing in Australia. This report examines the legality and human rights impact of Operation Sovereign Border turn-backs, based on testimonies from people who had been on board boats that Australian officials intercepted between 2013 and 2015. Details: London: Amnesty International, 2015. 42p. Source: Internet Resource: Accessed November 6, 2015 at: https://www.amnesty.org/en/documents/ASA12/2576/2015/en/ Year: 2015 Country: Australia URL: https://www.amnesty.org/en/documents/ASA12/2576/2015/en/ Shelf Number: 137204 Keywords: Asylum SeekersBorder SecurityHuman Rights Abuses |
Author: Knippen, Jose Title: An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico Summary: In the report An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico released today, participating organizations explain how the Southern Border Program has significantly increased migration enforcement operations, apprehensions, and deportations of migrants. This stepped-up enforcement has led to an increase in human rights violations against migrants. These migration operations are increasingly conducted in conjunction with Mexican security forces, and migrant shelters have documented kidnappings, extortions, robberies, and abuses throughout the country. Given that Mexico's National Migration Institute (Instituto Nacional de Migracion, INM) has been the primary agency responsible for carrying out the Southern Border Program, it is clear that, far from a development program, the strategy is focused on migration enforcement actions. The report finds that in 2014, the year the Southern Border Program was announced, the INM spent the largest budget in its history, and that this increase goes hand in hand with the increase in migrant apprehensions. For its part, the United States government has provided political and financial support to the Mexican government for migration enforcement, especially following the 2014 "surge" of migrants, mostly unaccompanied children and families from Central America that arrived at the U.S. southwest border. In July 2014, it was revealed that the State Department was working with the Mexican government on enforcement at its southern border, providing some US$86 million in funds already included in the Merida Initiative, a multi-year U.S. security aid package to Mexico. Furthermore, Congress allocated up to US$79 million in additional funds in fiscal year 2015 for this same purpose. The report demonstrates how the Mexican government's efforts to strengthen protections for migrants have fallen far short of their actual needs. There is no evidence that migrants who are victims of crimes and human rights violations have effective access to justice, despite the creation of new specialized prosecutors for attention to migrants. There is a lack of conclusive data regarding justice for migrants in Mexico. The most detailed data are from the specialized prosecutor's office in Oaxaca, which reports that of the 383 complaints received over four years, only 96 resulted in a preliminary investigation being opened and only four resulted in sentences for the perpetrators. Although the National Human Rights Commission (Comisioin Nacional de los Derechos Humanos, CNDH) and state-level human rights commissions are more approachable for demanding justice, the report finds that their "procedures and investigative capacities are not particularly expeditious or effective." The report reveals that of the 1,617 complaints of human rights violations against migrants that the CNDH received from December 1, 2012 to June 15, 2015, only four resulted in a formal recommendation issued to the institution implicated in the complaint. The report also discusses why there are so many potential refugees in Mexico and so few recognized refugees. It stresses that the Mexican Commission for Refugee Assistance (Comision Mexicana de Ayuda a Refugiados, COMAR), only has 15 protection officers in the entire country to ensure access to international protection for the more than 100,000 migrants that are detained over the period of a year. Moreover, COMAR's budget did not increase in real terms from 2014 to 2015. Given this context, An Uncertain Path: Justice for Crimes and Human Rights Violations against Migrants and Refugees in Mexico, provides concrete recommendations to the relevant governmental agencies within the Mexican government, including the INM, the Ministry of the Interior, and the federal Attorney General's office, as well as to the United States government. The report is the result of a close collaboration between the Washington Office on Latin America (WOLA), Fundar, Centro de Analisis e Investigacion, and seven shelters and organizations that work to defend migrant rights in five areas of Mexico: Casa del Migrante "Frontera con Justicia," AC in Saltillo, Coahuila; the "Red Sonora" (a network composed of three organizations in Sonora: Kino Border Initiative in Nogales, Centro de Recursos para Migrantes in Agua Prieta y Centro Comunitario de Atencion al Migrante y Necesitado, or CCAMYN, in Altar); Albergue de Migrantes "Hermanos en el Camino" in Ixtepec, Oaxaca; La 72, Hogar - Refugio para Personas Migrantes in Tenosique, Tabasco; and Un Mundo, Una Nacion in Apizaco, Tlaxcala Details: Washington, DC: Washington Office on Latin America (WOLA), 2015. 60p. Source: Internet Resource: Accessed November 24, 2015 at: http://www.wola.org/sites/default/files/An%20Uncertain%20Path_Nov2015.pdf Year: 2015 Country: Mexico URL: http://www.wola.org/sites/default/files/An%20Uncertain%20Path_Nov2015.pdf Shelf Number: 137321 Keywords: Border SecurityHuman Rights AbusesImmigrantsImmigrationImmigration EnforcementMigrantsRefugees |
Author: Front Line Title: Front Line Brazil : murders, death threats and other forms of intimidation of human rights defenders, 1997-2001. Summary: The defence of human rights in Brazil is a dangerous undertaking. In virtually every context in which human rights defenders operate-whether rural conflicts, the fight against urban police brutality and the violence of organised criminal elements, the defence of the environment and of indigenous peoples, or on parliamentary human rights commissions-they face harrassment, intimidation by unwarranted lawsuits, death threats, physical attacks and even murder. This report analyzes fifty-six separate incidents of violence and harrassment of human rights defenders-nineteen instances of homicide, causing twenty-three deaths, and thirty-seven other incidents including attempted murder, death threats and other forms of harassment-over the past five years. These were not the only such cases during this period, but rather represent a frightening national tendency. Still, the numbers are impressive: twenty-three deaths, thirty-two death threats, four instances of attempted murder, four unjustified prosecutions, four beatings, one kidnapping, one disappearance and one unjustified detention. This report sheds light on a series of aspects of the defence of human rights in Brazil that merit attention. First, human rights defenders are a varied lot in Brazil. While most pertain to some form of organised civil society group, such as nongovernmental organisations or unions, many are public authorities, prosecutors, and elected officials. What they have in common is their labour in defence of one or more of the rights enshrined in the Universal Declaration of Human Rights. Second, while public authorities, prosecutors and elected officials may enjoy an additional level of protection not afforded to non-state members of civil society groups, even these public authorities are not immune from attacks. This report considers the dangers of human rights defence in Brazil by analyzing instances of abuse and intimidation affecting human rights defenders since 1997, as well as the response of relevant authorities to these incidents. Global Justice chose to limit this report to cases from the past five years due to the existence of literally hundreds of instances over the past decade. Beginning with this universe of cases, we tried to focus on 1) the most serious abuses; 2) instances of abuse that were most representative of the kinds of difficulties faced by defenders; 3) cases that represented the diversity of contexts in which defenders face risks in Brazil; 4) cases that demonstrated the regional diversity of abuses; 5) cases that were well documented and 6) cases known to authorities. Unfortunately, we were forced to eliminate a number of instances that should be in this report due to the lack of corroborating information. As such, while the report includes nineteen cases involving twenty-three homicides, and dozens of incidents of death threats and other forms of intimidation, those figures are not exhaustive, but rather a sampling of the many instances of abuses of the rights of defenders in Brazil. Details: Blackrock : Front Line : Global Justice Center, 2002. 229p. Source: Internet Resource: Accessed January 11, 2016 at: https://www.frontlinedefenders.org/files/en/1564_FrontLineBrazil_0.pdf Year: 2002 Country: Brazil URL: https://www.frontlinedefenders.org/files/en/1564_FrontLineBrazil_0.pdf Shelf Number: 137463 Keywords: Civil RightsDeadly ForceHomicidesHuman RightsHuman Rights AbusesPolice Use of ForceViolence |
Author: Victorian Equal Opportunity and Human Rights Commission Title: Independent Review into Sex Discrimination and Sexual Harassment, Including Predatory Behaviour in Victoria Police. Phase One Report Summary: The Victorian Equal Opportunity and Human Rights Commission has conducted an independent review into sex discrimination and sexual harassment, including predatory behaviour, among Victoria Police personnel. The review aimed to identify actions to promote safety and equality in Victoria Police. Under its Terms of Reference the review gathered information about the nature and extent of sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. We have used this information to develop recommendations and an action plan for Victoria Police, which we will independently monitor and report on over three years. Details: Carlton, VIC, AUS: The Commission, 2015. 368p. Source: Internet Resource: Accessed January 22, 2016 at: http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/1336-independent-review-into-sex-discrimination-and-sexual-harassment-including-predatory-behaviour-in-victoria-police-phase-one-report-2015 Year: 2015 Country: Australia URL: http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/1336-independent-review-into-sex-discrimination-and-sexual-harassment-including-predatory-behaviour-in-victoria-police-phase-on Shelf Number: 137646 Keywords: Equal Opportunity Human Rights AbusesPolice Misconduct Sex Discrimination Sexual Harassment |
Author: Legal Aid Network (LAN) Title: Justice Delayed, Justice Denied. Seeking Truth about Sexual Violence and War Crime Case in Burma. ((With a Special Focus on the Kawng Kha Case, in Kachin Land) Summary: Despite the so-called democratic transition taking place since 2010, Burma1 remains constitutionally under the control of the Armed Forces. However, our national democratic icon, democratic forces, some ethnic armed organizations, many NGOs -- especially GONGOs - and most of the international community are siding with or exercising a policy of appeasement with the power holders, without scrutinizing whether the source of their power emanates from the genuine will of the various ethnic nationalities and/or indigenous peoples. As a result, terms such as human dignity, human value, and particularly human rights have become empty rhetoric. Accountability is merely a political slogan, used by the incumbent President Thein Sein, the chairperson of the Union Solidarity and Development Party (USDP), since coming to office in 2011, but never implemented by any government institution in practice. The vicious circle of impunity continues, and, for the time being, seeking justice is an unpopular concept, voiced only by victims' communities. Against this background, a heinous crime against two young ethnic Kachin female volunteer teachers was committed on January 19, 2015, allegedly by the Myanmar soldiers of the ruling regime. Despite the fact that it has been almost ten months now, the perpetrators are still at large and no suspect has been identified by the police. Investigations carried out by the authorities have not focused on the victims, but have been one-sided, benefitting the perpetrators. The lack of reparative and restorative justice has led to delay and finally a denial of justice. The ominous silence around this case will become a catalyst for recurrence of gross human rights violations in the future. This preliminary report attempts to uncover the truth about this case, relating it to similar past incidents of war crimes, particularly sexual violence. It is also examined as to whether the state is held accountable for failure to provide protection for such heinous crimes and reparations to the victims, due to official state passivity. The government is also reminded of its obligations under domestic and international law. The victims of rape have commonly been non-Burman ethnic females, such as Shan, Karen, Kachin, Karenni, Palaung, etc. As such, the crimes can be categorized as having an ethnic nature. In many previous cases, even though victims were raped, they were not murdered. And even if they were murdered, they were not tortured. However, the Kawng Kha war crime case highlighted in this preliminary report is quite distinct. The victims were not only raped but also murdered. Worse, it was not an ordinary rape but a gang-rape. In addition, the victims were inhumanely and brutally tortured before they were murdered. As of now, nobody knows whether the victims were tortured by the perpetrators before or after being raped. As such, among the gross human rights violations inflicted on the various ethnic nationalities over the past decades, the Kawng Kha case constitutes one of the most heinous crime ever committed. Unfortunately, the ruling regime, albeit having the responsibility as the government, has not yet submitted any report specifically on this case to the Committee against Torture and to the Committee on the Elimination of Discrimination Against Women (CEDAW), which Burma has already acceded to. There are no independent institutions or professionals working with victims of sexual violence nor does there exist any effective law for protection of witnesses in Burma. In accordance with the 2008 Constitution of Burma, the Myanmar Armed Forces, led by the Commander-in-Chief - not the State President - primarily exercise executive power. In addition to the Police and other security institutions, the Judiciary is also subservient to the executive. This legal and institutional framework has exacerbated the situation of the victims, their families and their communities, whenever the culprits or suspects are army personnel or government authorities. In regard to sexual violence, a serious problem is that ethnic women victims, given social, geographical, financial and legal constraints, are unable even to file complaints; and, even if a complaint is filed, it is commonly rejected by the Judiciary or the local authorities. This paper explores the status of State Institutions, focusing on the Police Institution, from the aspect of institutional integrity as well as procedural justice, as underpinned by not only national laws, international human rights laws and humanitarian law, but also the Rule of Law. This paper also establishes the nexus between civil war and human rights violations and attempts to find a reasonable solution. Last, but not least, the role and responsibility of the international community is scrutinized from the perspective of promotion and protection of human rights in connection with the previous and current background scenario of Burma. Details: Chiang Mai, Thailand: Kachin Women's Association in Thailand, 2016. 90p. Source: Internet Resource: Accessed January 27, 2016 at: http://www.burmalibrary.org/docs21/KWAT-2016-01-Justice_Delayed_Justice_Denied-en-red.pdf Year: 2016 Country: Burma URL: http://www.burmalibrary.org/docs21/KWAT-2016-01-Justice_Delayed_Justice_Denied-en-red.pdf Shelf Number: 137666 Keywords: Human Rights AbusesRapeSexual ViolenceViolence Against WomenWar Crimes |
Author: European Parliament. Directorate-General for Internal Policies. Policy Department C Citizens' Rights and Constitutional Affairs Title: Fit for Purpose? The Facilitation Directive and the Criminalisation of Humanitarian Assistance to Irregular Migrants Summary: This study assesses the implementation of the humanitarian exception provisions of the Facilitation Directive and their impact on irregular migrants, along with the organisations and individuals providing assistance to them within EU member states. It maps the existing international and EU legal frameworks on people smuggling and their implementation in the national law of selected member states, assessing them against international, supranational and regional human rights instruments as well as the EU Charter. It subsequently gathers and presents data on the prosecution and conviction rates of those who have provided humanitarian assistance to irregular migrants and identifies important knowledge gaps and methodological caveats. Drawing on primary survey data, this study also explores the material, direct and perceived effects of the Facilitation Directive from the perspective of civil society and local authorities. It identifies the practical challenges and experiences of cities and civil society arising from implementation of the Facilitation Directive and puts forward a series of policy recommendations to the European Parliament for improving and amending the Directive. The study aims at enhancing the European Parliament's ability to make sound, evidence-based policy directed towards key stakeholders in this area and at strengthening its important role in ensuring democratic accountability at a time when the 'Facilitators' Package' is under revision Details: Luxembourg: European Parliament, 2016. 132p. Source: Internet Resource: Accessed February 1, 2016 at: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/536490/IPOL_STU(2016)536490_EN.pdf Year: 2016 Country: Europe URL: http://www.europarl.europa.eu/RegData/etudes/STUD/2016/536490/IPOL_STU(2016)536490_EN.pdf Shelf Number: 137719 Keywords: Human Rights AbusesHuman SmugglingIllegal ImmigrantsImmigration |
Author: Groenewald, Hesta Title: "Hammering the Bread and the Nail": Lessons from counter-terror, stabilisation and statebuilding in Afghanistan Summary: The international intervention in Afghanistan from 2001 to 2014 was in many respects a watershed for the country and for the global agenda on combating terrorism. The decision to react to the al-Qaeda attacks on the United States on 11 September 2001 with a military-led response was intended to close down al-Qaeda's operational space in Afghanistan, which the Taliban regime refused to challenge. Yet, the country was also in ongoing civil conflict and the actions of the Taliban regime were as much targeted against the Afghan population as they were causing insecurity for Western countries and Afghanistan's neighbours. Focusing the international intervention on the narrow counter-terrorism aims of defeating al-Qaeda and removing the Taliban from power meant missing early opportunities to support political transition, development progress and long-term peacebuilding. This research report reviews international engagement in Afghanistan with a view to identifying lessons and recommendations regarding statebuilding, peacebuilding and counterterrorism in the country and elsewhere. Based mostly on existing literature, the report focuses in particular on US, UK and EU involvement. While providing an overview of the key dilemmas, the analysis generates important recommendations for future support to Afghanistan, and also aims to inform ongoing policy debates about international engagement with 'terrorism-generating' contexts. Details: London: Saferworld, 2016. 58p. Source: Internet Resource: Accessed February 1, 2016 at: http://www.saferworld.org.uk/resources/view-resource/1031-hammering-the-bread-and-the-nail Year: 2015 Country: Afghanistan URL: http://www.saferworld.org.uk/resources/view-resource/1031-hammering-the-bread-and-the-nail Shelf Number: 137727 Keywords: Counter-terrorismExtremist GroupsHuman Rights AbusesTerrorismViolent Extremism |
Author: Amnesty International Title: "This Is What We Die For": Human Rights Abuses in the Democratic Republic of the Congo Power the Global Trade in Cobalt Summary: People around the world increasingly rely on rechargeable batteries to power their mobile phones, tablets, laptop computers, cameras and other portable electronic devices. Cobalt is a key component in lithium-ion rechargeable batteries. This report documents the hazardous conditions in which artisanal miners mine cobalt in the Democratic Republic of the Congo (DRC), where more than half of the world's total supply of cobalt comes from. Using basic hand tools, artisanal miners dig out rocks from tunnels deep underground, and accidents are common. Many children are involved in artisanal mining. Despite the serious and potentially fatal health effects of prolonged exposure to cobalt, adult and child miners work with cobalt for long periods without even the most basic protective equipment. This report is the first comprehensive account of how cobalt from the DRC's artisanal mines enters the supply chain of many of the world's leading brands. It highlights the failure of these companies to put in place due diligence measures to identify where the cobalt in their products comes from and the conditions in which it is extracted and traded. The government of the DRC must extend and enforce labour and safety protections for all artisanal miners and create more authorized artisanal mining areas. The government, along with companies involved, should ensure that children are removed from hazardous working conditions and address the children's educational and other needs. All governments should enact and enforce laws requiring corporate due diligence and public disclosure in relation to cobalt and other minerals. Details: London: AI, 2016. 92p. Source: Internet Resource: Accessed March 4, 2016 at: https://www.amnesty.org/en/documents/afr62/3183/2016/en/ Year: 2016 Country: Congo, Democratic Republic URL: https://www.amnesty.org/en/documents/afr62/3183/2016/en/ Shelf Number: 138032 Keywords: Child LaborForced LaborHuman Rights AbusesMining |
Author: LeBaron, Genevieve Title: Forced labour in the global economy : beyond trafficking and slavery short course. Volume 2 Summary: There is a growing and sober awareness among international policymakers and within global civil society that human trafficking, slavery and forced labour are not anomalies perpetuated by a few 'bad apple' employers. Rather, such severe labour exploitation is an endemic feature of the contemporary global economy. This edited collection brings together some of the sharpest minds from the worlds of academia and activism to investigate and shed light on the root causes of this exploitation. Its essays analyse how business demand for forced labour manifests in certain industries, as well as how political and economic factors combine to generate a supply of workers vulnerable to abuse. Written in intelligent yet accessible prose, it represents a key resource for policy, activism and research. Details: (S.L.): Open Democracy, 2015. 100p. Source: Internet Resource: Accessed March 4, 2016 at: http://cadmus.eui.eu/bitstream/handle/1814/38806/BTS-2-Global-Economy.pdf?sequence=1&isAllowed=y Year: 2015 Country: International URL: http://cadmus.eui.eu/bitstream/handle/1814/38806/BTS-2-Global-Economy.pdf?sequence=1&isAllowed=y Shelf Number: 138037 Keywords: Forced LaborHuman Rights AbusesModern Slavery |
Author: Inter-American Commission on Human Rights Title: Situation of Human Rights in Honduras Summary: The report "Situation of Human Rights in Honduras", addresses the situation of human rights violations which result of high rates of violence, citizen insecurity and impunity. The report also provides recommendations in order to assist the State in strengthening its efforts to protect and guarantee human rights. The report indicates that the homicide rate in Honduras remains one of the highest in the region and the world, although the State reported numbers that indicate a decline in 2014. These levels of violence are a result of several factors, including the increased presence of organized crime and drug traffickers, an inadequate judicial response that fuels impunity, corruption, and high levels of poverty and inequality. "Violence and insecurity are serious problems that Honduran society faces with a major impact on the enjoyment and effective exercise of human rights in the country," said Commissioner Francisco Eguiguren, IACHR Rapporteur for Honduras. The report indicates that the high levels of violence faced by Honduran society have a particular impact on human rights defenders, indigenous peoples, women, children, adolescents and youth, LGBT persons, migrants, campesinos from the Bajo Aguan, journalists and media workers, and justice operators. The report also analyzes those still considered to be among the most serious problems that the Honduran prison system is facing. Official figures released in 2013 indicate that 80% of murders committed in Honduras go unpunished due to a lack of capacity of investigative bodies. During the visit, civil society organizations claimed that the prevailing levels of impunity in Honduras are even higher. Details: Washington, DC: IACHR, 2015. 230p. Source: Internet Resource: Accessed March 26, 2016 at: http://www.oas.org/en/iachr/reports/pdfs/Honduras-en-2015.pdf Year: 2015 Country: Honduras URL: http://www.oas.org/en/iachr/reports/pdfs/Honduras-en-2015.pdf Shelf Number: 138417 Keywords: Crime RatesCriminal Justice SystemsHomicideHuman Rights AbusesMurdersViolenceViolent Crime |
Author: Inter-American Commission on Human Rights Title: Situation of Human Rights in Guatemala: Siversity, Inequality and Exclusion Summary: The report "Situation of Human Rights in Guatemala: Diversity, Inequality and Exclusion," addresses structural challenges on public safety, access to justice and impunity, marginalization and discrimination that seriously affect the human rights of its inhabitants. The report particularly analyzes the system of administration of justice in Guatemala and the need for appropriate, efficient, independent and impartial, in order to respond to structural impunity for several past and present human rights violations. Also, the report especially addresses the situation of the indigenous peoples of Guatemala, whose rights to their ancestral lands and territories have been affected, and suffer exclusion, inequality and malnutrition as a result of racism and structural discrimination. The report analyzes the situation of human rights of human rights defenders, journalists, women, children and adolescents, persons with disabilities, lesbian, gay, transgender, bisexual and intersex persons and migrants. "We have noticed changes in Guatemala in favor of a society that is more respectful of human rights," said the IACHR Rapporteur for Guatemala, Commissioner Enrique Gil Botero. "These advances have been promoted and triggered by the efforts of public officials committed to justice, as well as human rights defenders and social leaders. Their work, which often endangers their life and integrity, has been and continues to be essential. " Among the improvements, the IACHR highlights the reduction in the homicide rate and the September 2015 Constitutional Court's decision, which for the first time ordered the implementation of a prior and informed consultation with the indigenous communities affected by an investment project. Furthermore, also regarding administration of justice, the Commission highlights the efforts of the International Commission against Impunity in Guatemala (CICIG) and the Public Ministry in their work dismantling criminal networks and fighting against corruption. The IACHR also appreciates the efforts taken by the State in order to create a program to protect journalists, prevent and combat human trafficking, as well as to register differentiated statistics on violence against women to feed the design of public policies, among others. The IACHR also applauds the decision taken by the government to extend the mandate of the CICIG in 2015, whose work has been crucial. Details: Washington, DC: IACHR, 2015. 221p. Source: Internet Resource: Accessed March 26, 2016 at: http://www.oas.org/en/iachr/reports/pdfs/Guatemala2016-en.pdf Year: 2015 Country: Guatemala URL: http://www.oas.org/en/iachr/reports/pdfs/Guatemala2016-en.pdf Shelf Number: 138418 Keywords: Crime RatesCriminal Justice SystemsDiscriminationHomicidesHuman Rights AbusesIndigenous PeoplesPublic SafetyViolenceViolent Crime |
Author: Advancement Project Title: Manufacturing Felonies: How Driving Became a Felony for People of Color in Georgia Summary: While immigration reform has languished in Congress, some states have adopted harsh, undemocratic, and discriminatory laws and policies that seemed designed to criminalize immigrants or push them out of the United States. This happened in Georgia. In 2007, state legislators began to debate various ways to restrict immigration and passed a bill creating a felony category for driving without a driver's license or on a suspended or revoked license. In order to better understand how the "felony driving law" has impacted communities in Georgia, the Georgia Latino Alliance for Human Rights (GLAHR) and Advancement Project submitted open records requests in three jurisdictions, Fayette County, Houston County and Roswell City. We found that the "felony driving law" in Georgia disproportionately impacts communities of color, particularly Latino and African-American drivers. It also carries heavy monetary penalties driving low-income families further into poverty. At a time when the nation is beginning a long overdue conversation on criminal justice reform, the "felony driving law" is a prime example of a state law that must be revisited and eliminated. An additional concern regarding the "felony driving law" is that it may end up serving as a dragnet by Immigration Customs Enforcement (ICE) to meet its quotas of undocumented immigrants in process of deportation. Local jails and police agencies cooperate with ICE to the detriment of the undocumented immigrant community. Georgia can and should regulate driving privileges for all of its residents, but creating a harsh criminal penalty is a bad public policy that disproportionately hurts communities of color across the state. Details: Washington, DC: Advancement Project, 2016. 16p. Source: Internet Resource: Accessed March 26, 2016 at: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Year: 2016 Country: United States URL: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Shelf Number: 138419 Keywords: DiscriminationHuman Rights AbusesImmigrantsImmigration Enforcement |
Author: Nolan, Brittany Title: A Rights-Based Approach to Trafficking? The Trafficking of Women for Forced Labour in the European Union and the United Kingdom Summary: Human trafficking is a prominent human rights issue that on a regional and national level brings together elements of criminal justice, immigration affairs, and human rights. Trafficking for forced labour in particular is a form of exploitation that removes a victim's freedom and dignity, as they are used for their labour and not valued as a human being. The actual extent of human trafficking on its own is difficult to measure, however the ILO estimates there may be as many as 20.9 million people held in forced labour worldwide. This research evaluates whether the European Union (EU) and United Kingdom (UK) implement a human rights-based approach (HRBA) in their policies and legislation covering human trafficking for forced labour. A HRBA is discussed as a human rights framework that includes the empowerment of the trafficking victim, adherence to normative trafficking conventions set by international organisations, and by the extend a criminal justice approach is lessened, in favour of a more human rights-based one. This thesis analyses EU policy, such as the 2002 and 2011 directives on trafficking in human beings, as well as UK government strategies and legislation. The EU has made substantial progress in using a HRBA throughout their policies since 2002, notably in their 2011 and 2012 directives. They increasingly offer minimum standards and provisions of victim support and assistance, taking into consideration potential cross-cultural barriers. They increasingly use the term victim-centred in their reports on human rights, and overall have improved in using a HRBA. The UK has also made progress in incorporating a HRBA in their policies, although they continue to focus heavily on trafficking as a crime that needs a stronger criminal justice response. The creation of a draft Modern Slavery Bill has given the UK a chance to incorporate a HRBA more strongly in their legislation; however they did not use this opportunity fully. The UK also continues to focus on trafficking as an immigration issue, and is unwilling to align itself with all EU policy on trafficking if it has an obligation to provide residence permits to victims. Until the UK can move away from focusing on immigration and criminal aspects of human trafficking, the victim will remain a less prominent part of the trafficking story. Details: Canterbury, UNZ: National Centre for Research on Europe, University of Canterbury, 2015. 89p. Source: Internet Resource: Thesis: Accessed April 1, 2016 at: http://ir.canterbury.ac.nz/bitstream/handle/10092/11813/Nolan%2c%20Brittany_Final%20Masters%20Thesis.pdf?sequence=1&isAllowed=y Year: 2015 Country: Europe URL: http://ir.canterbury.ac.nz/bitstream/handle/10092/11813/Nolan%2c%20Brittany_Final%20Masters%20Thesis.pdf?sequence=1&isAllowed=y Shelf Number: 138518 Keywords: Forced LaborHuman Rights AbusesHuman Trafficking |
Author: Amnesty International Title: The Ugly Side of the Beautiful Game: Exploitation of Migrant Workers on a Qatar 2022 World Cup Site Summary: Migrant workers on Khalifa International Stadium and the surrounding Aspire Zone, one of the main venues for the 2022 World Cup, have been subjected to a range of exploitative practices. This includes high recruitment fees for which many took out loans; false promises about the pay and type of work on offer; passport confiscation; dirty and cramped accommodation; and threats for complaining about their conditions. Some were subjected to forced labour. The abuses documented in this report are the result of multiple failures: the businesses and organisations responsible for the venue failed to put in place adequate due diligence processes to identify human rights risks linked to their business activities. Several of the companies have improved the accommodation given to migrant workers but have done little to address other concerns such as exploitative recruitment and forced labour. The Supreme Committee, the body responsible for delivering the tournament, has shown a commitment to workers' rights but its Workers' Welfare Standards failed to protect migrant workers on the Khalifa Stadium site. Labour reforms promised by the Qatari authorities have not delivered meaningful improvements, leaving migrant workers vulnerable to abuse. FIFA did not consider human rights before awarding Qatar the World Cup. After selecting Qatar it has done nothing concrete to address the risk of labour and other human rights abuse on World Cup sites. Unless there is fundamental reform of Qatar's sponsorship system and respect for international human rights standards by all actors, the 2022 World Cup risks being built by an exploited workforce. Details: London: AI, 2016. 80p. Source: Internet Resource: Accessed April 1, 2016 at: https://www.amnesty.org/en/documents/mde22/3548/2016/en/ Year: 2016 Country: Asia URL: https://www.amnesty.org/en/documents/mde22/3548/2016/en/ Shelf Number: 138521 Keywords: Forced Labor (Qatar)Human Rights AbusesMigrantsWorld Cup |
Author: Georgetown University. Law Center. Human Rights Institute Title: The Cost of Stemming the Tide: How Immigration Enforcement Practices in Southern Mexico Limit Migrant Children's Access to International Protection Summary: The dramatic increase in the number of children migrating from the Northern Triangle countries to Mexico and the United States has garnered international attention. What is more concerning, though, is the lack of protection of the human rights of the children who are migrating. A report published today by the Georgetown Law Human Rights Institute (HRI) finds that Mexico is currently falling short of its human rights obligations and is putting migrant children at risk of being returned to violent and dangerous situations in their home countries by failing to provide adequate access to international protection. The report, The Cost of Stemming the Tide: How Immigration Enforcement Practices in Southern Mexico Limit Migrant Children's Access to International Protection, is the product of months of research, including dozens of interviews with affected children and families, advocates and government officials and agency staff. Many of the Central American children interviewed were seeking asylum in Mexico. The researchers also found that migrant children in Southern Mexico are systematically detained, often in poor conditions, for long and unpredictable periods. Detention conditions - coupled with the prospect of being detained for months while awaiting a decision on their status - deters children from seeking asylum. The United States has invested significant political and fiscal resources in the fortification of Mexico's southern border. But encouraging increased apprehension and deportation of children at Mexico's southern border may come at a significant cost to children's rights. International law requires that countries receiving migrants, like Mexico, meaningfully inform them of their right to seek asylum and provide access to procedures to determine whether they merit asylum or other forms of international protection. Although Mexico's laws, policies, constitutional provisions are meant to guarantee these protections, the report found that they are failing to do so in practice. Details: Washington, DC: Human Rights Institute, 2016. 64p. Source: Internet Resource: Accessed April 4, 2016 at: http://www.law.georgetown.edu/academics/centers-institutes/human-rights-institute/fact-finding/upload/HRI-Fact-Finding-Report-Stemming-the-Tide-Web-PDF_English.pdf Year: 2016 Country: United States URL: http://www.law.georgetown.edu/academics/centers-institutes/human-rights-institute/fact-finding/upload/HRI-Fact-Finding-Report-Stemming-the-Tide-Web-PDF_English.pdf Shelf Number: 138536 Keywords: Asylum SeekersChild MigrantsChild ProtectionHuman Rights AbusesImmigrant DetentionMigrant Children |
Author: American Bar Association. Center for Human Rights Title: Tilted Scales: Social Conflict and Criminal Justice in Guatemala Summary: Guatemala has made progress in the last decade addressing the legacy of thirty-six years of internal armed conflict, including by holding key actors responsible for atrocities. However, the level of social conflict in Guatemala remains high in part because many of the issues that contributed to past discord remain unresolved. These issues include disputes over land titles and the exploitation of resources in historically indigenous territories. Social conflict has at times manifested in violence against both indigenous communities and individuals associated with business interests. In this setting, a wide variety of organizations - local and international, governmental and non-governmental - have reported a pattern of attacks, threats, and frivolous criminal charges against human rights defenders, specifically in the context of disputes over mega projects in indigenous lands. These reports prompted the American Bar Association's Center for Human Rights, Georgetown University Law Center's Human Rights Institute and the Robert F. Kennedy Center for Justice and Human Rights to conduct a fact-finding mission in Guatemala to determine whether allegations of the misuse of the judicial system against human rights advocates were well founded. We interviewed government officials, civil society leaders, defense attorneys and community activists in Guatemala City from November 26-30, 2012. In addition, we reviewed court documents, official reports and press accounts concerning emblematic cases to evaluate the sufficiency of the evidence against defendants, the government's response to credible threats against activists and the conduct of business personnel. Details: Washington, DC: American Bar Association Center for Human Rights, 2013. 23p. Source: Internet Resource: Accessed April 4, 2016 at: http://www.law.georgetown.edu/academics/centers-institutes/human-rights-institute/opportunities/upload/Tilted-Scales-Social-Conflict-and-Criminal-Justice-in-Guatemala.pdf Year: 2013 Country: Guatemala URL: http://www.law.georgetown.edu/academics/centers-institutes/human-rights-institute/opportunities/upload/Tilted-Scales-Social-Conflict-and-Criminal-Justice-in-Guatemala.pdf Shelf Number: 138558 Keywords: Criminal Justice SystemsHuman Rights AbusesJudicial SystemNatural Resources |
Author: Human Rights Watch Title: Unchecked Power: Police and Military Raids in Low-Income and Immigrant Communities in Venezuela Summary: Since July 2015, Venezuelan security forces have conducted more than 135 operations, including sweeps through low-income communities, as part of the "Operation to Liberate and Protect the People" (OLP), with the alleged purpose of combatting criminal gangs that contribute to the extremely high levels of violence in Venezuela. Participating security forces have included the Bolivarian National Guard, the Bolivarian National Police, the Bolivarian National Intelligence Service, the Scientific, Penal and Criminal Investigative Police, and state police forces. Unchecked Power: Police and Military Raids in Low-Income and Immigrant Communities in Venezuela describes considerable evidence that security forces conducting OLP raids have committed serious abuses. In interviews with the Venezuelan Human Rights Education-Action Program (PROVEA) and Human Rights Watch, victims, witnesses, and other interlocutors described violations including extrajudicial killings and other violent abuses, arbitrary detentions, forced evictions, the destruction of hundreds of homes, and the arbitrary deportation of Colombian nationals including refugees and asylum seekers, often accused without evidence of having links to "paramilitaries." A common denominator shared by these cases, and by government abuses we have documented in other contexts during the past decade, is the extent to which the victims-or their families-have been unable to challenge alleged abuses of state power, feeling they have nowhere to turn for protection of their fundamental rights. The government of Venezuela should ensure that all OLP operations are carried out in accordance with its international human rights obligations, including the requirement to refrain from using unlawful force during public security operations. Ultimately, a strong, independent judiciary is essential to ensure accountability and redress for the kinds of abuses alleged in this report-and to prevent such abuses in the future. PROVEA and Human Rights Watch call on President Nicolas Maduro, the National Assembly, and the Supreme Court to take urgent steps to restore the judiciary's role as an independent guarantor of fundamental rights, and on the international community to press Venezuela's government to stop undermining the impartiality and independence of the judicial branch. Details: New York: HRW, 2016. 45p. Source: Internet Resource: Accessed April 7, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/venezuela0416web.pdf Year: 2016 Country: Venezuela URL: https://www.hrw.org/sites/default/files/report_pdf/venezuela0416web.pdf Shelf Number: 138591 Keywords: GangsHuman Rights AbusesParamilitary GroupsPolice BrutalityPolice Use of ForceViolence |
Author: Inter-American Commission on Human Rights Title: Indigenous Peoples, Afro-Descendent Communities and Natural Resources: Human Rights Protection in the Context of Extraction, Exploitation, and Development Activities Summary: The report seeks to highlight the breadth and complexity of the problems caused by extractive and development activities in the region, and to set forth a comprehensive framework of Inter-American Human Rights standards on the subject. Extractive, exploitation, and development activities, which are increasing in the hemisphere, are generally implemented in lands and territories historically occupied by indigenous and Afro-descendent communities, which host a great wealth of natural resources. The Commission does not discourage these projects and recognizes the importance of these initiatives for the economic development of countries in the Americas. However, economic development of Member States cannot be undertaken in disregard of their ineluctable obligations to respect and guarantee human rights. Host States (where the project takes place) and foreign States (where the business has its headquarters) have specific obligations in this context. The report spells out each of these obligations with a view to making sure that the economic development of countries in the hemisphere is not attained at the expense of the fundamental human rights of indigenous peoples and Afro-descendent communities. Host States must adopt appropriate and positive steps with due diligence to prevent, investigate, punish and redress human rights violations that result from the execution of these projects. Additionally, they must comply with international human rights standards through the adoption and implementation of effective policies, legislation, regulations and through measures to ensure adequate access to justice. This State obligation includes the prevention of human rights violations, thus it is enforceable prior to the authorization of the project or the granting of permits, as well as during the implementation and the life-cycle of the project, via supervision and oversight methods. This duty includes the obligation to properly identify and assess the inherent impacts these activities would generate on internationally-recognized human rights prior to authorization. In addition, the duty to act with due diligence requires States to adopt an appropriate regulatory framework for the protection of the environment and human rights which adequately contemplates the operation of foreign companies in a state's jurisdiction, with an extraterritorial approach to human rights. Said duty also includes the fundamental obligation to consult potentially affected indigenous and afro-descendent communities, to ensure their effective participation and access to information; the obligation to supervise and monitor the activities of companies and other non-state parties; the duty to prevent illegal activities and forms of violence; and the duty to ensure access to justice and adequate reparation of human rights violations in these contexts. This broad duty also entails taking into account the differentiated impacts and adverse effects of these initiatives on specific groups such as indigenous leaders and authorities, women, children, elderly people and people with disabilities. The report ends with a list of practical recommendations, ranging from general recommendations to ones specifically tailored to the protection of indigenous peoples and afro-descendent communities. The ensemble of recommendations aims generally at setting in place a framework for States to undertake their duty of due diligence, taking all the appropriate steps to prevent, investigate, punish and redress human rights abuses through effective policies, legislation, regulations and adjudication. The Commission insists especially on the drafting and implementation of domestic legislation to protect human rights, and on the setting in place of monitoring, control and supervision systems of the activities of extractive or development companies. The Report includes recommendations geared specifically towards host States as well as States of origin. Details: Washington, DC: IACHR, 2015. 82p. Source: Internet Resource: Accessed April 8, 2016 at: http://www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf Year: 2015 Country: Africa URL: http://www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf Shelf Number: 138611 Keywords: DevelopmentHuman Rights AbusesIndigenous PeoplesNatural ResourcesOffenses Against the Environment |
Author: Asia Pacific Mission for Migrants Title: Invisible Chains: A Study on Debt Bondage Among Foreign Domestic Workers in Hong Kong Summary: This research study on the indebtedness of foreign domestic workers (FDWs) in Hong Kong is a qualitative one, and is impelled by the need to substantiate with ground-based information ongoing migrant advocacy campaigns against overcharging and illegal collection of recruitment fees. It also sought to look into the following problems: overcharging and illegal fee collection occur not only in sending-countries like Indonesia and the Philippines, but even in Hong Kong itself; placement agencies use deceptive and coercive methods to ensure payment of recruitment fees; and that loan companies both in Hong Kong and in their countries of origin subjecting FDWs to debt-bondage to pay off concealed placement fees. In conducting the study, APMM used focus-group discussions (FGDs), key informant interviews (KIIs) and secondary materials to gather evidences on overcharging, and found out that Hong Kong-registered agencies are at the center of overcharging operations, in collusion with sending-country agencies and going to the extent of using coercive methods in ensuring payments of company loans that act as guarantees of settlement. The study makes the conclusion that the governments of sending countries have relegated a large portion of their regulatory role to private recruitment agencies in implementing labor export programs, putting a premium on profit-making to the neglect of migrant human rights. This makes it all the more improbable that decisive measures will be undertaken by these governments to address FDW debt-bondage in Hong Kong, as such measures might "kill the goose that lays the golden eggs". This also ensures that existing policies to regulate placement agencies are inadequate and ineffective, and reflect the lack of any desire from governments to regulate these agencies. Lastly, it forwards recommendations that aim to clip the mandate and influence of placement agencies, as well as point out the need to reorient labor migration in Hong Kong towards the rights-based approach as opposed to the current profit-oriented one. Details: Hong Kong SAR, CHINA: APMM, 2014. 56p. Source: Internet Resource: Accessed April 14, 2016 at: http://www.apmigrants.org/articles/publications/Featured%20Researches/Indebtedness%20Research%202014.pdf Year: 2014 Country: Hong Kong URL: http://www.apmigrants.org/articles/publications/Featured%20Researches/Indebtedness%20Research%202014.pdf Shelf Number: 138679 Keywords: Debt Bondage Domestic Workers Forced Labor Human Rights AbusesImmigrant Labor |
Author: Asia Pacific Mission for Migrants Title: Prisoners in a Foreign Land: Migrant Workers in Jail Summary: PRISONERS IN A FOREIGN LAND: Migrant Workers in Jail is an exploration of the vulnerability of migrant workers to imprisonment and detention on the context of existing policies and practices both in the host and sending countries; the condition of migrant workers in jail and in detention centers; and the response of grassroots migrant organizations, various civil society organizations (CSOs), and the governments of sending and receiving countries. Through a study of the human rights concerns of migrants in jail and in detention in major migrant destination countries in Asia-Pacific and the Middle East regions - Kingdom of Saudi Arabia, Qatar, Lebanon, Japan, Malaysia, Taiwan and South Korea - the research shows that human rights of migrants in jail and detention centers are routinely violated. The crisis situation of migrants serves as the context that put them in a condition where their rights are violated even before their deployment overseas and during the period of their employment. While the research focuses on host countries, it also expounds on the response, or the lack thereof, of sending governments to the plight of their nationals in jails and in detention. It also explores the actual experiences of migrant workers organizations and advocates in addressing the concerns of migrants in jail and in detention. To make more concrete the issue tackled by the research, various case studies of migrants who have been or are currently in detention and jail are presented. Through this research, the APMM hopes to shed more light on the conditions of migrants in jail and help in addressing and resolving their concerns. Details: Hong Kong SAR: APMM, 2012. 100p. Source: Internet Resource: Accessed April 14, 2016 at: http://www.apmigrants.org/articles/researches/MIJ%20Research.pdf Year: 2012 Country: Asia URL: http://www.apmigrants.org/articles/researches/MIJ%20Research.pdf Shelf Number: 138681 Keywords: Human Rights AbusesImmigrant DetentionMigrant WorkersMigration PolicyUndocumented Migrants |
Author: Council of Europe Title: Report to the Greek Government on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 14 to 23 April 2015 Summary: The purpose of the April 2015 ad hoc visit to Greece was to assess the implementation of the CPT's previous recommendations, notably those contained in the reports on the 2011 and 2013 visits. To this end, its delegation examined the treatment of persons in police custody and the practical application of safeguards surrounding their detention. A specific focus of the visit was to look into the effectiveness of investigations of police ill-treatment allegations. It also reviewed the treatment and detention conditions of inmates in several prison establishments, including Korydallos Prison Hospital, and examined the situation of juveniles and foreign nationals deprived of their liberty. The delegation received, with a few exceptions, very good cooperation from both the Greek authorities and staff at the establishments visited. However, cooperation also entails that decisive action be taken to improve the situation in the light of the CPT's recommendations. This has still not happened. The findings of the 2015 visit demonstrate clearly that the situation in prisons has become critical and that urgent action is required for their recovery starting with tackling the excessive overcrowding and chronic understaffing in most establishments. Further, the serious problem of police ill-treatment needs to be fully recognised and a mechanism put in place to effectively investigate ill-treatment allegations. Details: Strasbourg: Council of Europe, 2016. 76p. Source: Internet Resource: Accessed April 16, 2016 at: http://www.cpt.coe.int/documents/grc/2016-04-inf-eng.pdf Year: 2016 Country: Greece URL: http://www.cpt.coe.int/documents/grc/2016-04-inf-eng.pdf Shelf Number: 138691 Keywords: Human Rights AbusesPunishmentTorture |
Author: Human Rights First Title: Breaking the Cycle of Violence: Countering Antisemitism and Extremism in France Summary: The deadly terrorist attacks on November 13 in Paris, coming less than a year after the killings at Charlie Hebdo and a kosher supermarket, have focused long overdue attention on the resurgence of antisemitism and extremism in France. France has both the largest Jewish and one of the largest Muslim communities in Europe. With the rise of the xenophobic far-right National Front party, this situation is a tinderbox. "Antisemitism is unacceptable no matter where it comes from," said the Chief Rabbi of France, Haim Korsia, in July 2015. "When there is a Republic with strong values - liberty, equality, fraternity, which we often forget - we have security and serenity for everyone, including Jews." Violence targeting Jews and Jewish sites has led to a heightened sense of insecurity, and an increasing number of Jews are relocating in or outside of France for security reasons. Some observers have drawn comparisons to Europe in the 1930s. While that dark history continues to cast a cautionary shadow, as it should, the comparison is inapt. Nonetheless, antisemitism is a grave threat to human rights, and its resurgence in France should be of great concern to the French government and its allies, including the United States. Antisemitic violence harms not only its direct victims but entire Jewish communities, preventing them from being able to exercise their fundamental rights. And the potential damage is even greater: Left unchecked, antisemitism leads to the persecution of other minorities, and to an overall increase in repression and intolerance. An increase in antisemitism is a harbinger of societal breakdown. This report analyzes the nature and extent of antisemitism in France and presents recommendations for combating it by promoting tolerance and inclusiveness. Based on public information and interviews with a range of government officials, civil society representatives, and academic experts, the report examines this problem within broader and interrelated phenomena, including the ascendancy of the far-right party the National Front, mounting anti-immigrant and anti-Muslim sentiment, the spread of Islamic extremism, and the increasing alienation of many Muslims in France. While the report assesses spikes in antisemitic incidents related to developments in the Middle East, it focuses on France and the domestic dynamics contributing to this problem. However, we see France as a test case for the plight of Jews on the continent because the pertinent trends there also exist in other European countries. Details: New York: Human Rights First, 2016. 36p. Source: Internet Resource: Accessed April 16, 2016 at: http://www.humanrightsfirst.org/sites/default/files/HRF-Breaking-the-Cycle-final.pdf Year: 2016 Country: France URL: http://www.humanrightsfirst.org/sites/default/files/HRF-Breaking-the-Cycle-final.pdf Shelf Number: 138697 Keywords: Bias-Motivated CrimesExtremismExtremist GroupsHate CrimesHuman Rights AbusesTerrorism |
Author: Merino, Mauricio Title: Mexico: The Fight against Corruption. (A Review of onging reforms to promote transparency and curtail corruption) Summary: Though neither of the two recent episodes that sparked Mexico's largest public-awareness movement since the beginning of this century were anything out of the ordinary, they marked a tipping point in Mexican politics. First off, the forced disappearance of 43 students in Iguala, Guerrero, on September 26, 2014, caused a wave of protests against human rights violations and impunity. Soon after, leading journalist Carmen Aristegui published a report on First Lady Angelica Rivera's dubious acquisition of the "Casa blanca," a high-end residence in Mexico City. Aristegui pointed out that Grupo Higa, which built the residence for Rivera "according to her specifications," had been awarded several public-works concessions during Enrique Pena Nieto's governorship of the State of Mexico, as well as during his presidency, provoking widespread public discontent toward corruption in Mexico. In less than 45 days, the social discontent that had accumulated over the course of almost 15 years came to the forefront, with collective outrage focusing on two main issues: impunity and corruption. With Ayotzinapa in the backdrop, the disclosure of First Lady Angelica Rivera's tactics to increase her private wealth, coupled with the president and his wife's ambiguous and insufficient public response, which widely circulated in the media, only exacerbated public discontent - finally opening a window of opportunity to make in-depth modifications to Mexico's institutional design and fight corruption at its roots. The ongoing transparency and corruption reforms have been the subject of much public debate. These reforms have built upon academic and social organizations' years of research and dialogue to draft comprehensive, articulate, and coherent public policy on accountability as a way to fight the corruption that has plagued Mexico's public institutions. Corruption hinders institutions from performing as expected, deteriorates trust and social relationships, violates rights, wastes resources, limits economic growth, and stops income distribution. Corruption is the number one cause of inequality, impunity, and exclusion from Mexico's political regime. In this paper, Mauricio Merino discusses Mexico's fight against corruption and reviews the ongoing reforms to promote transparency and curtail corruption. Details: Washington, DC: Wilson Center, Mexico Institute, 2015. 22p. Source: Internet Resource: Accessed April 23, 2016 at: https://www.wilsoncenter.org/sites/default/files/mexico_the_fight_against_corruption.pdf Year: 2015 Country: Mexico URL: https://www.wilsoncenter.org/sites/default/files/mexico_the_fight_against_corruption.pdf Shelf Number: 138800 Keywords: Human Rights AbusesPolitical Corruption |
Author: Amnesty International Title: Sex Workers at Risk: A Research Summary on Human Rights Abuses Against Sex Workers Summary: In recognition of the high rates of human rights abuses experienced globally by individuals who engage in adult consensual sex work, Amnesty International initiated in 2013 a global consultation for a new policy focussed on protecting sex workers from such abuses and violations. In addition to desk-based research into studies from around the world, new primary research was conducted, primarily focused on the human rights impact of criminalizing sex work: The City of Buenos Aires (Argentina); Hong Kong SAR (China); Oslo (Norway); and Papua New Guinea. This summary report provides an overview of the key research findings, highlighting the range and extent of human rights abuses and violations suffered by sex workers. It shows how sex workers face stigma and marginalization, physical and sexual violence, barriers to protection from violence and crime, extortion and coercive police measures, and obstacles to securing their rights to health and housing. The summary report also provides a brief outline of Amnesty International's policy and identifies a range of government actions it believes are necessary to best address the barriers that sex workers routinely face in realizing their rights. Details: London: AI, 2016. 25p. Source: Internet Resource: Accessed June 8, 2016 at: http://www.amnestyusa.org/sites/default/files/briefing_-_sex_workers_rights_-_embargoed_-_final.pdf Year: 2016 Country: International URL: http://www.amnestyusa.org/sites/default/files/briefing_-_sex_workers_rights_-_embargoed_-_final.pdf Shelf Number: 139324 Keywords: Human Rights AbusesProstitutesProstitutionSex Workers |
Author: Human Rights Watch Title: "We Feel We Are Cursed": Life under ISIS in Sirte, Libya Summary: In February 2015 the extremist armed group Islamic State (also known as ISIS) began taking over the Mediterranean port city of Sirte, Libya. By the following August ISIS had turned Sirte into its largest stronghold outside of Iraq and Syria. This report documents serious crimes committed by ISIS in Sirte including the executions of 49 people the group accused of "spying," "sorcery," and "insulting God." "We Feel We Are Cursed," based on research including interviews with 45 Libyans who lived under ISIS in Sirte, details how the group imposed its severe interpretation of Sharia (Islamic law) on all aspects of life. Meanwhile, ISIS has failed to provide basic necessities to the local population, diverting food, medicine, fuel, and cash, along with homes of residents who fled, to its fighters and functionaries. With war-wracked Libya's institutions in near-collapse, countries able to exercise criminal jurisdiction should take immediate steps to apprehend and prosecute those responsible for atrocities by ISIS and other parties. The International Criminal Court should prioritize an investigation of ongoing serious crimes in Libya as well. The United Nations Human Rights Council should appoint an independent expert to document serious, ongoing abuses in Libya. The Security Council should impose sanctions on those found responsible for serious crimes in Libya while ensuring appropriate due process. International parties have repeatedly failed to act on their promises to identify and punish the perpetrators of serious crimes in Libya. Continued failure to act will result in more horrific crimes by groups including ISIS. Details: New York: HRW, 2016. 47p. Source: Internet Resource: Accessed June 8, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/libya0516web_1.pdf Year: 2016 Country: Libya URL: https://www.hrw.org/sites/default/files/report_pdf/libya0516web_1.pdf Shelf Number: 139336 Keywords: Extremist GroupsHuman Rights AbusesISISIslamic StateRadical GroupsTerrorists |
Author: Amnesty International Title: "You Don't Exist": Arbitrary Detentions, Enforced Disappearances, and Torture in Eastern Ukraine Summary: Both the Ukrainian government authorities and Russia-backed separatists in eastern Ukraine have held civilians in prolonged, arbitrary detention, without any contact with the outside world, including with their lawyers or families. In some cases, the detentions constituted enforced disappearances, meaning that the authorities in question refused to acknowledge the detention of the person or refused to provide any information on their whereabouts or fate. Most of those detained suffered torture or other forms of ill-treatment. Several were denied needed medical attention for the injuries they sustained in detention. Amnesty International and Human Rights Watch investigated in detail nine cases of arbitrary, prolonged detention of civilians by the Ukrainian authorities in informal detention sites and nine cases of arbitrary, prolonged detention of civilians by Russia-backed separatists. This report details cases that took place mostly in 2015 and the first half of 2016. Details: London: AI; New York; HRW, 2016. 42p. Source: Internet Resource: Accessed July 21, 2016 at: https://www.amnesty.org/en/documents/eur50/4455/2016/en/ Year: 2016 Country: Ukraine URL: https://www.amnesty.org/en/documents/eur50/4455/2016/en/ Shelf Number: 139785 Keywords: Arbitrary Detentions Disappearances Human Rights AbusesTorture |
Author: Bhui, Hindpal Singh Title: Can Inspection Produce Meaningful Change in Immigration Detention? Summary: Although prison inspection in the United Kingdom has a long history, inspection of immigration detention was properly established only in 2004. Her Majesty's Inspectorate of Prisons (HMIP), a government-appointed independent human rights-based monitoring institution, holds this responsibility. In this GDP Working Paper, a lead HMIP inspector discusses the nature and impact of the Inspectorate's work, examining both the theory and practice of inspection. The paper places the discussion in the broader context of prison reform and debates on migration and border controls. The author argues that in liberal-democratic societies there are two broad approaches to promoting human rights reforms and challenging abuses: working from the inside to achieve progress with the risk that principles may be compromised and good intentions confounded; or promoting change from the outside, which is more uncompromising but less influential, at least in the short-term. This is a dilemma that confronts human rights based inspection of immigration detention in the UK. The main focus of HMIP is on improving the treatment of detainees and conditions in detention, not challenging the system of detention, even if immigration detention policy arguably lacks legitimacy in a way that criminal imprisonment does not. The author explores the "effectiveness" of detention inspection and whether inspection can be said to have promoted meaningful change. Details: Geneva, SWIT: Global Detention Project, 2016. 19p. Source: Internet Resource: Working Paper No. 12: Accessed July 25, 2016 at: https://www.globaldetentionproject.org/wp-content/uploads/2016/05/bhui_gdp_working_paper_may_2016.pdf Year: 2016 Country: United Kingdom URL: https://www.globaldetentionproject.org/wp-content/uploads/2016/05/bhui_gdp_working_paper_may_2016.pdf Shelf Number: 139833 Keywords: Detention FacilitiesHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrationMigrants |
Author: Human Rights Watch Title: "Such a Brutal Crackdown": Killings and Arrests in response to Ethiopia's Oromo Protests Summary: Since mid-November 2015, Ethiopia's Oromia region has been rocked by largely peaceful protests triggered by Ethiopian government plans to expand the capital, Addis Ababa, and displace ethnic Oromo farmers. State security forces have used excessive and lethal force to respond to the protests, killing an estimated 400 people and injuring thousands. Security forces have also arrested tens of thousands of people and hundreds of others have been forcibly disappeared. Based on more than 125 interviews conducted inside Ethiopia and abroad, "Such a Brutal Crackdown" describes and analyses a grossly underreported crisis that poses a massive political challenge for Ethiopia's government. Although the demonstrations initially concerned the government's expansion plans, the killings and arrests, coupled with longstanding grievances from the Oromo community, have further fueled the protests. Many of those killed or detained were students under 18. The authorities have also arrested opposition politicians, musicians, teachers and other influential Oromos. Some have been prosecuted under Ethiopia's draconian counterterrorism law. The government has also sought to restrict information about the protests by detaining journalists covering the events and blocking social media and other means of communication. Although the protests have largely subsided since mid-April, thousands of students and others have fled their homes or are in detention, education has been disrupted in many locations, and tensions remain high. This underscores the need for the Ethiopian government to support a credible investigation into the events, release those who have been wrongfully detained, and take other urgent measures to redress the serious abuses that have been committed. Details: New York: HRW, 2016. 86p. Source: Internet Resource: Accessed July 25, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/ethiopia0616web.pdf Year: 2016 Country: Ethiopia URL: https://www.hrw.org/sites/default/files/report_pdf/ethiopia0616web.pdf Shelf Number: 139838 Keywords: Deadly ForceDisappearancesHuman Rights AbusesProtest MovementsUse of Force |
Author: Human Rights Watch Title: "I Was Sold": Abuse and Exploitation of Migrant Domestic Workers in Oman Summary: More than 130,000 migrant women work in households in Oman. Most come from the Philippines, Indonesia, India, Sri Lanka, Nepal, Bangladesh, and Ethiopia. They cook, clean, and care for children and the elderly. While some earn decent salaries and work in good conditions, others find themselves trapped in abusive situations, their plight hidden behind closed doors. Based on interviews with 59 female domestic workers, lawyers, embassy officials, and others, "I Was Sold": Abuse and Exploitation of Migrant Domestic Workers in Oman documents how Oman's laws and policies fail to provide for migrant domestic workers' rights or safety and enable employers to retaliate against workers who flee abuse. Domestic workers described a wide range of abuses, such as employers confiscating their passports, not paying their full salaries, forcing them to work excessive hours without breaks or days off, or denying them adequate food and living conditions. Some said their employers physically abused them; a few described sexual abuse. In some cases, workers described abuses amounting to forced labor or trafficking. In the face of these abuses, migrant domestic workers have little recourse. Like its Gulf neighbors, Oman maintains an immigrant labor system (known as kafala) that punishes workers who leave their employers or change jobs without their employers' consent. In addition, the country's labor law excludes domestic workers from its protections. Human Rights Watch calls on Oman to reform these laws and policies in order to afford all migrant domestic workers protections in line with international standards. The government should also thoroughly investigate abuses against domestic workers and prosecute those responsible. Details: New York: HRW, 2016. 84p. Source: Internet Resource: Accessed July 25, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/oman0716web.pdf Year: 2015 Country: Asia URL: https://www.hrw.org/sites/default/files/report_pdf/oman0716web.pdf Shelf Number: 139839 Keywords: Domestic Workers (Oman)Human Rights AbusesMigrant WorkersViolence Against Women |
Author: Human Rights Watch Title: "What Are You Doing Here?" Police Abuses Against Afghans in Pakistan Summary: Pakistan has hosted several million Afghan refugees since the late 1970s, but hostility toward its Afghan population increased dramatically after the so-called Pakistani Taliban attacked a school in Peshawar in December 2014, killing more than 100 children. At a time when thousands of Afghans are fleeing insecurity in their country to seek refuge in Europe, pressure and abuse by Pakistani police has driven many Afghans living in Pakistan to return to Afghanistan. "What Are You Doing Here?" describes how Pakistani police have carried out raids on Afghan settlements, arbitrarily detained, harassed, and beaten Afghan men, extorted bribes, and threatened Afghans with deportation. Those abuses have since January 2015 driven large numbers of Afghans living in Pakistan to return to Afghanistan, where they face worsening instability and a widening civil conflict. Every Afghan interviewed by Human Rights Watch who had returned to Afghanistan said that fear of the Pakistani police was the reason they had done so. This report is based on interviews with 96 Afghans either living in Pakistan or recently returned to Afghanistan. It urges the Pakistani government to extend residency cards for registered Afghans, which are due to expire on December 31, 2015, until at least the end of2017. It also calls on Pakistan to stop security force intimidation and violence against Afghans living in Pakistan. Details: New York: HRW, 2015. 45p. Source: Internet Resource: Accessed July 25, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/pakistan1115_4up.pdf Year: 2015 Country: Pakistan URL: https://www.hrw.org/sites/default/files/report_pdf/pakistan1115_4up.pdf Shelf Number: 139844 Keywords: Human Rights AbusesPolice MisconductPolice Use of Force |
Author: Human Rights Watch Title: "The Harvest is in My Blood": Hazardous Child Labor in Tobacco Farming in Indonesia Summary: Indonesia is the world's fifth-largest tobacco producer, with more than 500,000 tobacco farms. Thousands of children, some as young as eight years old, work in hazardous conditions on these farms, exposed to nicotine, toxic pesticides, and other dangers. This work can have lasting consequences for their health and development. Large Indonesian companies, as well as some of the largest multinational tobacco companies in the world, buy the vast majority of tobacco grown in Indonesia and use it to manufacture tobacco products sold domestically and abroad. None of these companies do enough to ensure children are not working in hazardous conditions on farms in their supply chains. Based on interviews with more than 130 child workers, This report documents how child tobacco workers suffer symptoms consistent with acute nicotine poisoning, handle toxic chemicals, cut themselves with sharp tools, faint while working in extreme heat, and face other dangers. Few of the children interviewed, or their parents, understood the health risks of the work or were trained on safety measures. Children are particularly vulnerable to the harmful effects of tobacco farming because their brains and bodies are still developing. Nicotine exposure during childhood has been associated with mood disorders, and problems with memory, attention, impulse control, and cognition later in life. Human Rights Watch urges the Indonesian government and tobacco companies to ban children from work that involves direct contact with tobacco. Details: Hew York: HRW, 2016. 127p. Source: Internet Resource: Accessed August 1, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/indonesia0516web_0.pdf Year: 2016 Country: Indonesia URL: https://www.hrw.org/sites/default/files/report_pdf/indonesia0516web_0.pdf Shelf Number: 139921 Keywords: Child Abuse and NeglectChild LaborChild ProtectionHuman Rights AbusesTobacco |
Author: Human Rights Watch Title: "You Can Still See Their Blood": Executions, Indiscriminate Shootings, and Hostage Taking by Opposition Forces in Latakia Countryside Summary: h r w . o r g D eath announcement identifying 16 members of the al-Qusaybeh family and two other Barouda residents killed on August 4, - 2013 Private Death announcement identifying seven members of the Shihadeh family as well as one member of Ibrahim family from Nbeiteh killed on August 4, 2013 Private Death announcement identifying eight members of the Darwish family from al-Hamboushieh killed on August 4, 2013 Private (front cover) Site of Safwan Hassan Shebli's execution on August 4 in his home in Barouda. - 2013 Human Rights Watch On August 4, 2013 fighters from several armed opposition groups began a large scale operation in Latakia countryside, occupying more than 10 Alawite villages in a matter of hours. The operation lasted until August 18 w hen government forces regained full control over the area. During the operation opposition forces killed at least 190 civilians, executing or unlawfully killing at least 67 of them. The evidence Human Rights Watch has collected strongly suggests they were killed on the first day of the operation, August 4. At the time of writing opposition groups continued to hold over 200 civilians hostage, the vast majority of them women and children. Based on an onsite investigation and interviews with over 35 individuals i ncluding residents who survived the offensive, emergency response staff, and fighters and activists with both the government and the opposition, this report documents extremely serious abuses committed by opposition forces during this operation. Survivors and witnesses described how opposition forces executed residents and opened fire on civilians, sometimes killing or attempting to kill entire families who were either in their homes unarmed or fleeing from the attack, and at other times executing adult male family members, and holding female relatives and children hostage. The evidence collected by Human Rights Watch strongly suggests that the abuses committed by the opposition forces during the operation rise to the level of crimes against humanity. The scale and organization of these crimes indicate that they were systematic as well as being planned in part as an attack on a civilian population. Governments, companies, and individuals should immediately stop selling or supplying weapons, ammunition, materiel, and funds to the groups responsible for these abuses, given compelling evidence that they have committed crimes against humanity, until they stop committing these crimes and perpetrators are held to account. Human Rights Watch urges the UN Security Council to provide a measure of justice to these and other victims of abuse by all sides by referring the situation in Syria to the International Criminal Court (ICC). Details: New York: HRW, 2013. 113p. Source: Internet Resource: Accessed August 2, 2016 at: https://www.hrw.org/sites/default/files/reports/syria1013_ForUpload.pdf Year: 2013 Country: Syria URL: https://www.hrw.org/sites/default/files/reports/syria1013_ForUpload.pdf Shelf Number: 139942 Keywords: ExecutionsHomicidesHostage TakingHuman Rights Abuses |
Author: Human Rights Watch Title: Deepening the Culture of Fear: The Criminalization of Peaceful Expression in Malayasia Summary: Malaysia's use of criminal laws to arrest, question, and prosecute individuals for peaceful speech and assembly has deepened in the year since Human Rights Watch published Creating a Culture of Fear: The Criminalization of Expression in Malaysia in October 2015. The Malaysian authorities have moved forward with the prosecutions of many of those featured in that report, and continue to use the overly broad and vaguely worded criminal laws identified there to harass, arrest, and prosecute those critical of the government or of members of Malaysia's royal families. The Sedition Act and the Communications and Multimedia Act (CMA) remain the laws most frequently used against critical speech in Malaysia. Those criticizing the administration of Prime Minister Najib Razak or commenting on the government's handling of a major corruption scandal have been particular targets. The long-running corruption scandal involving the government-owned investment fund 1 Malaysia Development Berhad (1MDB) has prompted calls from politicians, civil society activists, and commentators for Prime Minster Najib to resign from office. Rather than treating such statements as part of normal give-and-take in a democratic society, the Malaysian authorities have treated such speech as criminal, investigating those involved for sedition, "activity detrimental to parliamentary democracy," and violations of the Communications and Multimedia Act. Similarly, the government has pursued those making comments on social media deemed "insulting" to Najib or members of royal families with criminal investigations and charges under the Sedition Act, the Communications and Multimedia Act, and provisions of the penal code. The government has also continued to prosecute individuals for exercising their right to peaceful assembly under Malaysia's overly restrictive Peaceful Assembly Act, and has used the Official Secrets Act to shield reports on the 1MDB scandal from public view. Rather than amending the laws to bring them into line with international legal standards, as recommended in Human Rights Watch's 2015 report, the Malaysian government has moved in the opposite direction by suggesting it would strengthen some of the rights-offending laws, particularly those that can be used against speech on social media. Human Rights Watch reiterates its call for the Malaysian government to cease using criminal laws against peaceful speech and assembly, and to bring its laws and policies into line with international human rights law and standards for the protection of freedom of expression and assembly. Details: New York: HRW, 2016. 43p. Source: Internet Resource: Accessed October 13, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/malaysia1016_web_0.pdf Year: 2016 Country: Malaysia URL: https://www.hrw.org/sites/default/files/report_pdf/malaysia1016_web_0.pdf Shelf Number: 145088 Keywords: Freedom of ExpressionFreedom of SpeechHuman Rights AbusesProtests |
Author: Human Rights Watch Title: Summary: Since Egypt's military removed President Mohamed Morsy from office in 2013, the authorities have engaged in one of the widest arrest campaigns in the country's modern history, imprisoning tens of thousands. Most of the Muslim Brotherhood's top leadership, alongside alleged members of the Islamic State as well as non-Islamist critics of the government, are serving prison sentences in a maximum security facility known as Scorpion, part of the Tora prison complex in southern Cairo. "We Are in Tombs" documents conditions inside Scorpion, which since it was built in 1993 has served as the central detention facility for those deemed the most dangerous enemies of the state. What occurs inside lies hidden behind a wall of secrecy kept in place by the Interior Ministry, which oversees all aspects of Egypt's internal security, from arrest to investigation to imprisonment. Based on interviews with 20 relatives of inmates, two lawyers, and a former prisoner, as well as the review of medical documents, the report details how prison officials, under the authority of the Interior Ministry, subject inmates to cruel and inhuman treatment that in some cases probably amounts to torture, including severe beatings, prolonged confinement in cramped "discipline" cells, and interference in medical care that in some cases may have led to serious complications and even death. Inmates are locked away with prolonged bans on any access to relatives or lawyers, all in violation of international standards for the treatment of prisoners. The report calls on the Egyptian government to improve conditions in Scorpion, invite international detention monitors to visit, and prosecute officials with command responsibility if they are found to have committed abuses. Details: New York: HRW, 2016. 89p. Source: Internet Resource: Accessed October 13, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/egypt0916_web_4.pdf Year: 2016 Country: Egypt URL: https://www.hrw.org/sites/default/files/report_pdf/egypt0916_web_4.pdf Shelf Number: 145445 Keywords: Human Rights AbusesInmatesPrisonersPrisons |
Author: Human Rights Watch Title: "This Crooked System": Police Abuse and Reform in Pakistan Summary: Pakistan's police are among the most widely feared, disparaged, and least trusted government institutions in the country. The poor, and other vulnerable or marginalized groups, invariably face the greatest obstacles to obtaining justice in a system that is rigged against them. "This Crooked System": Police Abuse and Reform in Pakistan documents custodial torture, extrajudicial executions, and other serious human rights violations by the Pakistani police. The report also details the difficulties that victims of crime and police abuse face in obtaining justice, including police demands for bribes, biased investigations, and refusals to register complaints. Colonial-era police laws facilitate routine interference by local politicians and wealthy landowners in police operations. The report also examines human resource, financial, and other constraints that police say impact their ability to function properly, and looks at examples of good police practices that may serve as models for the future. Human Rights Watch urges the Pakistani government to investigate and appropriately discipline or prosecute police officials responsible for human rights violations and undertake necessary legal and policy reforms to transform the police into an accountable, efficient, and rights-respecting institution. Details: New York: HRW, 2016. 113p. Source: Internet Resource: Accessed October 13, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/pakistan0916_web.pdf Year: 2016 Country: Pakistan URL: https://www.hrw.org/sites/default/files/report_pdf/pakistan0916_web.pdf Shelf Number: 145444 Keywords: Human Rights AbusesPolice BrutalityPolice MisconductPolice Use of Force |
Author: Human Rights Watch Title: Summary: Thirty-seven percent of girls in Nepal marry before age 18 and 10 percent are married by age 15, in spite of the fact that the minimum age of marriage under Nepali law is 20 years of age. Boys also often marry young in Nepal, though in lower numbers than girls. UNICEF data indicates that Nepal has the third highest rate of child marriage in Asia, after Bangladesh and India. In interviewing dozens of children and young people, Human Rights Watch learned that these marriages result from a web of factors including poverty, lack of access to education, child labor, social pressures, and harmful practices. Cutting across all of these is entrenched gender inequality, and damaging social norms that make girls less valued than boys in Nepali society. Details: New York: HRW, 2016. 131p. Source: Internet Resource: Accessed October 13, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/nepal0816_web.pdf Year: 2016 Country: Nepal URL: https://www.hrw.org/sites/default/files/report_pdf/nepal0816_web.pdf Shelf Number: 145535 Keywords: Child Abuse and NeglectChild MarriageChild ProtectionHuman Rights AbusesRights of the Child |
Author: Amnesty International Title: Summary: Silencing human rights activists who highlight human rights violations will not solve the problem of torture and other ill-treatment in Thailand, Amnesty International said today. In Bangkok, Thailand's authorities prevented Amnesty International from proceeding with the launch of "Make Him Speak by Tomorrow: Torture and Other Ill-Treatment in Thailand." This report details torture and other ill-treatment at the hands of soldiers and the police against suspected insurgents, government opponents, and a range of individuals from vulnerable backgrounds, including alleged drug users and minorities. "The Thai authorities should be addressing torture, not human rights activists doing their legitimate work. Instead of threatening us with arrest and prosecution, they should be holding the perpetrators of torture accountable. It is an appalling state of affairs when speaking up for human rights can be criminalised but torture continues with impunity," said Minar Pimple, Amnesty International's Senior Director, Global Operations. Details: London: AI, 2016. 52p. Source: Internet Resource: Accessed October 13, 2016 at: http://www.amnestyusa.org/sites/default/files/makehimspeakthailandreportfinal.pdf Year: 2016 Country: Thailand URL: http://www.amnestyusa.org/sites/default/files/makehimspeakthailandreportfinal.pdf Shelf Number: 145443 Keywords: Human Rights AbusesTorture |
Author: Bergbom, Katie Title: Trapped in the Kitchen of the World: The situation for migrant workers in Thailand's poultry industry Summary: Thailand is a prominent world supplier of poultry meat products. During the last couple of decades the nation's domestic production has experienced several booms, as the poultry industry has evolved into a main ingredient of Thailand's objective of becoming "the kitchen of the world". The EU has become its biggest market for export. About 270 000 tonnes of poultry meat products were shipped from Thailand to the EU in 2014. Sweden has imported poultry products from Thailand since at least the late 1990s. In 2014 Thailand was Sweden's second largest supplier of processed poultry products, after Denmark. Recently Sweden launched a National Action Plan for Business and Human Rights with the explicit expectation that all Swedish companies shall respect human rights, as specified in the United Nations Guiding Principles on Business and Human Rights (UNGP). With this report Swedwatch aims to investigate the levels of social responsibility taken by Swedish stakeholders in their trade with Thai suppliers, from the perspective of the above mentioned standards. Thai industries are grappling with a shortage of domestic labour. Like many of Thailand's labour intensive sectors the poultry industry too has found a remedy across the borders, in the neighboring countries. In search for better salaries and the possibility to send money back home, millions of migrant workers from mainly Cambodia and Myanmar have formed the lowest level of Thailand's labour pyramid. Many of these people have also become victims of unscrupulous employers and recruiters as well as corrupt officials. This report indicates that violations of migrant workers' rights occur in Thailand's poultry industry, in resemblance to other Thai sectors that have been exposed by the media during the latest years. According to the global labour rights organization Solidarity Center, migrant workers in Thailand experience some of the worst abuse in the world. Interviews with 98 migrant workers employed by four different Thai poultry producers, that all have exported to Sweden during the last three years, show an extensive variation of violations. In total, six factories were included in the field study. Based on the interviews, four of the factories were found to act in breach of many or all of Thailand's main labour and social protection laws as well as international laws and standards formulated by the UN, ILO and others, at the time of the field study. Migrant workers at all factories included in the study state that personal documents such as passports or work permits have been confiscated by their employers or recruitment agencies. The interviews reveal that workers are in different levels of debt bondage due to excessive recruitment fees and other costs at all selected factories. Interviewees at all factories stated that they had not received health insurance though fees were deducted from their salaries. These practices are only a few examples revealed by the field study. All are indicators of trafficking of adults for labour exploitation, according to the International Labour Organization, ILO. Workers at four of the six factories said there was child labour, at three of the factories with workers as young as 14 years old. Employing youth under 15 years of age is in breach of Thailand's Labour Protection Act of 1998. Thai poultry meat products follow a complex supply chain before they reach the consumer in private restaurants and cafés, public hospitals and schools or at family dinner tables in Sweden. The EU legislation regarding indication of origin on processed food means that products labelled as having an EU country as origin, actually may come from third countries such as Thailand. This makes it near impossible to estimate the total volume of Thai poultry imported to the Swedish market annually. According to one of the Swedish importers, at least half of all the Thai poultry meat that is consumed in Sweden is not included in the official statistics of import. Swedwatch's survey of Swedish stakeholders involved in the import of poultry products from Thailand shows that this decades long business relation was initiated with a focus on animal welfare and product quality, and with no meaningful due diligence performed on potential adverse human rights impacts in the industry. Of the stakeholders interviewed for this report only Axfood, a wholesaler, has started to perform due diligence on adverse human rights impacts in Thailand's poultry industry. Other than that, the UNGP and the Swedish government's National Action Plan on Business and Human Rights are still unknown to many actors in Sweden's food sector. This report further reveals extensive shortcomings of social responsibility in Swedish public procurement of food. Public procurers at county councils and municipalities do not have the routines to set social criteria in their procurement of food. Audits to ensure that their codes of conduct are fulfilled throughout their supply chains are generally not performed due to lack of resources. This means that children and adults in Sweden's public institutions such as schools, retirement homes and hospitals may be served poultry products produced by exploited migrant workers. For this report Swedwatch has also conducted a survey of supermarket chains on the Swedish market. The focus was on house brands containing poultry products. The results show that one out of five food companies included in the survey use Thai poultry in their house brands. This report makes several recommendations. Thai companies should ensure that all forms of unlawful recruitment fees are stopped and ensure that brokers are not charging migrant workers costs leading to debt bondage. As a minimum all the companies should comply with Thai labour legislation. Stakeholders at the Swedish food market that are linked to the import of Thai poultry products should assure that their suppliers follow international labour right standards as expressed in the ILO core conventions. Importers and wholesalers should conduct due diligence on adverse human rights impacts and show with commitment and transparency how potential risks are identified and mitigated, in accordance with the guidelines of the UNGP. Food should be identified as a risk category in trade, not only when it comes to animal welfare and product quality. Details: Stockholm: SwedWatch, 2015. 73p. Source: Internet Resource: Report #76: Accessed October 15, 2016 at: http://www.swedwatch.org/sites/default/files/tmp/76_thaikyckling_151123_ab.pdf Year: 2015 Country: Thailand URL: Shelf Number: 144878 Keywords: Child LaborDebt BondageHuman Rights AbusesHuman TraffickingLabor ExploitationMigrant Workers |
Author: Suarez, Ximena Title: A Trail of Impunity:Thousands of Migrants in Transit Face Abuses amid Mexico's Crackdown Summary: On September 3, 2016, in a public event with the United States' Republican party presidential candidate Donald Trump, Mexican president Enrique Pena Nieto commented on how essential it is for his government and for Mexico's relationship with the United States to make Mexico's southern border with Central America "more secure." This discourse is not new. In July 2014 Mexico announced the controversial "Southern Border Program" and has since pursued policies that prioritize securing the country's Southern Border from migrants through control measures and a significant increase in detentions and deportations, ignoring concerns about the human rights of migrants and potential refugees traveling through Mexico, in particular from Honduras, El Salvador, and Guatemala. A new assessment of the situation reveals that migration enforcement operations keep increasing, at a time when Mexican authorities have not sufficiently improved their capacity to screen migrants to detect protection concerns and to seriously investigate crimes against migrants in transit in the country. Official data, information obtained through freedom-of-information requests, journalistic sources, and information from some of the shelters assisting migrants in Mexico reveals that 2016 may be the year with the highest number of detentions, deportations, and asylum petitions in Mexico. Details: WOLA; Fundar: Centro de Analisis e Investigacion, and the Casa del Migrante Frontera con Justicia, in Saltillo, Coahuila, 2016. 15p. Source: Internet Resource: Accessed October 15, 2016 at: https://www.wola.org/analysis/a-trail-of-impunity/ Year: 2016 Country: Mexico URL: https://www.wola.org/analysis/a-trail-of-impunity/ Shelf Number: 144875 Keywords: DeportationHuman Rights AbusesIllegal MigrantsImmigration EnforcementMigrant DetentionMigrants |
Author: Human Rights Watch Title: Harassed, Imprisoned, Exiled: Azerbaijan's Continuing Crackdown on Government Critics, Lawyers, and Civil Society Summary: The Azerbaijani authorities are waging a vicious crackdown on critics and dissenting voices. The space for independent activism, critical journalism, and opposition political activity has been virtually extinguished by the arrests and convictions of many activists, human rights defenders, and journalists, as well as by laws and regulations restricting independent groups' activities and ability to secure funding. Independent civil society in Azerbaijan is struggling to survive. "Harassed, Imprisoned, Exiled" is based on more than 90 interviews and documents the government's concerted efforts to paralyze civil society and punish those who criticize or challenge the government. Although in early 2016 the government released several wrongly imprisoned activists, many remain behind bars and the authorities have arrested others to prevent them from carrying out their legitimate work. None of those released had their convictions lifted, several face travel restrictions, others left the country fearing further politically motivated prosecution, or had to halt their work because of almost insurmountable bureaucratic hurdles to access funding. The report calls on the Azerbaijani government to immediately and unconditionally release those held on politically motivated charges, end harassment and threats against civil society and media, and ensure the civil society groups can operate without undue hindrance, including by repealing restrictions on access to non-state sources of funding, including foreign grants. It calls on Azerbaijan's international partners to set clear benchmarks for human rights improvements and impose concrete policy consequences should those requirements not be met. Details: New York: HRW, 2016. 82p. Source: Internet Resource: Accessed October 20, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/azerbaijan1016_web.pdf Year: 2016 Country: Azerbaijan URL: https://www.hrw.org/sites/default/files/report_pdf/azerbaijan1016_web.pdf Shelf Number: 140809 Keywords: Freedom of ExpressionHuman Rights Abuses |
Author: Human Rights Watch Title: The Risk of Returning Home: Violence and Threats against Displaced People Reclaiming Land in Colombia Summary: Violence associated with Colombia's long-running internal armed conflict has driven more than 4.8 million Colombians from their homes, generating the world's largest population of internally displaced persons (IDPs). Colombian IDPs are estimated to have left behind 6 million hectares of land, much of which armed groups, their allies, and others seized, and continue to hold. In June 2011, President Juan Manuel Santos took an unprecedented step towards addressing this problem by securing passage of the Victims Law, which aims to return land to hundreds of thousands of displaced families over the course of a decade. Despite some notable gains in applying the Victims Law, major obstacles stand in the way of its effective implementation. IDPs who have sought to recover land through this new law and other restitution mechanisms have faced widespread abuses tied to their efforts, including killings, new incidents of forced displacement, and death threats. The Risk of Returning Home - based on a year and a half of field research - details those abuses and assesses the government's response. Human Rights Watch found that crimes targeting IDPs for their restitution efforts almost always go unpunished: prosecutors have not charged a single suspect in any of their investigations into threats against land claimants and leaders. Justice authorities also rarely prosecute the people who originally displaced claimants and stole their land. This is a root cause of the current abuses targeting claimants because those most interested in retaining control of the wrongfully acquired land often remain at large and are more readily able to violently thwart restitution. The failure to significantly curb the power of paramilitary successor groups - which have committed many of the abuses against land claimants - also poses a major threat to restitution. To ensure that IDPs can safely return home, Human Rights Watch recommends that prosecutors work with land restitution authorities to vigorously pursue crimes against claimants in the areas where restitution is being implemented. Unless Colombia delivers justice for current and past abuses against land claimants and makes substantial progress in dismantling paramilitary successor groups, the threats and attacks will continue - and the Santos administration's signature human rights initiative could be fundamentally undermined. Details: New York: HRW, 2013. 192p. Source: Internet Resource: Accessed October 24, 2016 at: https://www.hrw.org/sites/default/files/reports/colombia0913webwcover.pdf Year: 2013 Country: Colombia URL: https://www.hrw.org/sites/default/files/reports/colombia0913webwcover.pdf Shelf Number: 131167 Keywords: Armed ConflictHuman Rights AbusesLand GrabsViolence |
Author: Amnesty International Title: 'Punished for Daesh's Crime': Displaced Iraqis Abused by Militias and Government Forces Summary: Paramilitary militias and government forces in Iraq have committed serious human rights violations, including war crimes, by torturing, arbitrarily detaining, forcibly disappearing and extrajudicially executing thousands of civilians who have escaped areas controlled by the armed group calling itself the Islamic State (IS), said Amnesty International in a new report published today. The report 'Punished for Daesh's crimes': Displaced Iraqis abused by militias and government forces exposes the terrifying backlash against civilians fleeing IS-held territory, raising alarm about the risk of mass violations as the military operation to recapture the IS-held city of Mosul gets underway. The report is based on interviews with more than 470 former detainees, witnesses and relatives of those killed, disappeared or detained, as well as officials, activists, humanitarian workers and others. After escaping the horrors of war and tyranny of IS, Sunni Arabs in Iraq are facing brutal revenge attacks at the hands of militias and government forces, and are being punished for crimes committed by the group," said Philip Luther, Research and Advocacy Director for the Middle East and North Africa at Amnesty International. "Iraq is currently facing very real and deadly security threats from IS, but there can be no justification for extrajudicial executions, enforced disappearances, torture or arbitrary detention. "As the battle to retake Mosul begins, it is crucial that the Iraqi authorities take steps to ensure these appalling abuses do not happen again. States supporting military efforts to combat IS in Iraq must demonstrate they will not continue to turn a blind eye to violations." The report highlights widespread revenge attacks and discrimination faced by Sunni Arabs suspected of being complicit in IS crimes or supporting the group. Many were displaced during major military operations in 2016 across the country, including in Falluja and surrounding areas (in the governorate of Anbar), al-Sharqat (Salah al-Din governorate), Hawija (Kirkuk governorate) and around Mosul (Ninewa governorate). The predominantly Shiâa militias involved in abuses, known as the Popular Mobilization Units, have long been backed by the Iraqi authorities, which have provided them with financial support and weapons. They were officially designated part of the Iraqi forces in February 2016. The government's responsibility for these violations cannot be ignored and states supporting or participating in the ongoing military effort to combat IS in Iraq should have rigorous checks in place to ensure that any support or equipment they provide does not contribute to abuses. Mass abductions, killings and torture Amnesty International's research reveals that war crimes and other gross human rights violations were committed by predominantly Sh'ia militias, and possibly government forces, during operations to retake Falluja and surrounding areas from IS in May and June 2016. In one shocking incident at least 12 men and four boys from the Jumaila tribe who fled al-Sijir, north of Falluja, were extrajudicially executed after they handed themselves in to men wearing military and federal police uniforms on 30 May. Men and older boys were separated from the women and younger children before being lined up and shot dead. At least 73 other men and older boys from the same tribe were seized a few days earlier and are still missing. Details: London: AI, 2016. 70p. Source: Internet Resource: Accessed November 1, 2016 at: http://www.amnestyusa.org/sites/default/files/punished_for_daeshs_crimes.pdf Year: 2016 Country: Iraq URL: http://www.amnestyusa.org/sites/default/files/punished_for_daeshs_crimes.pdf Shelf Number: 145773 Keywords: Extrajudicial ExecutionsHuman Rights AbusesISISIslamic StateMilitiasTorture |
Author: Amnesty International Title: Island of Despair: Australia's "Processing" of Refugees on Nauru Summary: The current policy of the Australian Government is that no person who arrives in the country by boat seeking asylum can ever settle in Australia. Instead, anyone who arrives by boat is forcibly taken to offshore "Refugee Processing Centres", one of which is on the remote Pacific island of Nauru. The government claims that the policy protects people who might otherwise undertake the hazardous boat crossing to Australia. However, since its inception, offshore processing has been designed to be punitive and has been widely promoted by a succession of Australian governments as a deterrent and as a demonstration of Australia securing its borders. Details: London: AI, 2016. 68p. Source: Internet Resource: Accessed November 1, 2016 at: https://www.amnesty.org/en/documents/asa12/4934/2016/en/ Year: 2016 Country: Australia URL: https://www.amnesty.org/en/documents/asa12/4934/2016/en/ Shelf Number: 145007 Keywords: Asylum SeekersBorder SecurityHuman Rights AbusesRefugees |
Author: Amnesty International Title: Stranded Hope: Hungary's Sustained Attack on the Rights of Refugees and Migrants Summary: Fences, teargas, and draconian legislation: over the last year the Hungarian authorities have baulked at little in their determination to keep refugees and migrants out of the country. The government's programme of militarization, criminalization and isolation has ushered in a set of measures which have resulted in violent push-backs at the border with Serbia, unlawful detentions inside the country and dire living conditions for those waiting at the border. This briefing documents the pernicious consequences of Hungary's current policies in flagrant breach of international human rights and refugee law and EU directives. Details: London: AI, 2016. 30p. Source: Internet Resource: Accessed November 2, 2016 at: https://www.amnesty.org/en/documents/eur27/4864/2016/en/ Year: 2016 Country: Hungary URL: https://www.amnesty.org/en/documents/eur27/4864/2016/en/ Shelf Number: 145006 Keywords: Asylum SeekersHuman Rights AbusesIllegal MigrantsMigrant DetentionMigrantsRefugees |
Author: Gros, Hanna Title: "No Life for a Child": A Roadmap to End Immigration Detention of Children and Family Separation Summary: Canada should urgently implement alternatives to detaining children rather than housing them in immigration detention facilities or separating them from their detained parents, the University of Torontoâs International Human Rights Program (IHRP) said in a report released today. In failing to do so, Canada is violating its international legal obligations. Over the past several years, Canada has held hundreds of children in immigration detention, including children from Syria and other war-torn regions. According to figures obtained by the IHRP through access to information requests, an average of 242 children were detained each year between 2010 and 2014. These figures are an underestimate because they do not account for all children living with their parents in detention as 'guests, who were not subject to formal detention orders. Some of these include children with Canadian citizenship. The 70-page report, "'No Life for a Child': A Roadmap to End Immigration Detention of Children and Family Separation," uncovers the deficient legal underpinnings and detrimental practical implications of Canadian immigration detention for children. The report makes 11 recommendations to ensure that Canada complies with its international human rights obligations, and analyzes various international models of alternatives to detention and family separation. The report concludes that children and families with children should be released from detention outright or given access to community-based alternatives to detention, such as reporting obligations, financial deposits, guarantors, and electronic monitoring. 'No Life for a Child' is based on IHRP interviews with detained mothers and children, as well as mental health experts, social workers, child rights activists, and legal professionals. The report profiles children, including infants, who lived in detention or were separated from their families. The report finds that conditions of detention are woefully unsuited for children. Immigration Holding Centres resemble medium-security prisons, with significant restrictions on privacy and liberty, inadequate access to education, insufficient recreational opportunities and poor nutrition. One of the children profiled in the report, Michel (not his real name), spent the first 28 months of his life living under these conditions in a Toronto detention facility. Michelâs mother was detained when she was two-months pregnant, because Canada Border Services Agency (CBSA) suspected that she was a flight risk. After giving birth to Michel, the two continued to be detained for nearly three years before they were deported in late 2015. According to Michelâs mother, although Michel was a Canadian citizen, 'he lives the same life as a detained child.' According to medical experts, immigration detention causes serious and lasting psychological harm to children, including depression, anxiety, post-traumatic stress, and suicidal ideation. The report finds that it is the fact of detention â not just the conditions of detention â that is fundamentally harmful to childrenâs well-being. The report also finds that family separation is not an adequate alternative to child detention because it causes significant psychological distress, and may expose children to the hardships of the child welfare system. Instead, the report recommends that families should be given access to community-based alternatives to detention. The report builds upon years of advocacy by refugee and child rights groups in Canada that have called on the government to ensure that childrenâs best interests are a primary consideration in decisions affecting them, and ultimately, to end child detention and family separation. International bodies have also repeatedly criticized Canada for its immigration detention practices. The report notes recent initiatives by Canada's federal government and CBSA indicating a strong willingness to reform the immigration detention regime, with a particular view to protecting children and addressing mental health issues. The government has also expressed an intention to engage extensively with non-governmental organizations and other civil society stakeholders in the process of revising relevant policy and designing new programs. Details: Toronto: International Human Rights Program (IHRP) University of Toronto Faculty of Law, 2016. 70p. Source: Internet Resource: Accessed November 2, 2016 at: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-NoLifeForAChild.pdf Year: 2016 Country: Canada URL: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-NoLifeForAChild.pdf Shelf Number: 145777 Keywords: Human Rights AbusesIllegal ImmigrantsImmigrant Child DetentionImmigrant DetentionImmigrantsImmigration EnforcementImmigration Policy |
Author: United Nations High Commissioner for Human Rights Title: Death Penalty and the Victims Summary: This book includes perspectives from a broad range of victims. While some of them are family members of the crime victims, others are victims of the human rights violations in application of the death penalty, of its brutality and traumatic effects. Victimsâ perspectives, taken holistically, make a compelling case against the death penalty. When it comes to the death penalty, almost everyone loses. Victims' family members mostly end up frustrated. If they are against the death penalty and the death penalty is imposed on the perpetrator, the cycle of violence is continuing instead of being broken. If they want revenge, just a few can get it, and often, only after many years. Meanwhile, the expectation of the execution prevents closure and moving forward.The convicted persons may be considered victims if the criminal response of the justice system violates their human rights, through wrongful convictions, unequal and discriminatory application of justice, lack of a due process, imposing the death penalty for crimes that do not meet the âmost serious crimesâ threshold or to the categories of perpetrators that should be protected from the death penalty (minors, persons with mental or intellectual disabilities, pregnant women). Long delays, conditions on a death row and the application of the death penalty may amount to torture, or at least inhuman and degrading treatment. Third parties are the "hidden victims" of the death penalty. When compared to other forms of punishment, the death penalty disproportionality affects mental health and well-being of family members of the convicted person (especially children and primary care-takers), as well as third persons included in criminal proceedings or executions (such as prosecutors, judges, lawyer and executioners). Finally, the state's right to execute violates the right to life and negatively reflects on human rights of its citizens in general.The perspectives of the victims on the death penalty as reflected in this book are likely to provoke tough discussions and polemics. This may be a welcome challenge. There is a strong and empirically proven correlation between the evidence-based discussion on the death penalty and moving away from it. Details: New York: UN, 2016. 335p. Source: Internet Resource: Accessed November 3, 2016 at: http://www.ohchr.org/EN/newyork/Documents/Death-Penalty-and-the-Victims-WEB.pdf Year: 2016 Country: International URL: http://www.ohchr.org/EN/newyork/Documents/Death-Penalty-and-the-Victims-WEB.pdf Shelf Number: 144999 Keywords: Capital PunishmentDeath PenaltyHuman Rights Abuses |
Author: United Nations High Commissioner for Human Rights Title: Moving Away from the Death Penalty: Arguments, Trends and Perspectives Summary: Today, more than four out of five countries have either abolished the death penalty or do not practice it. Globally, there is a firm trend towards abolition, with progress in all regions of the world. Member States representing a variety of legal systems, traditions, cultures and religious backgrounds have taken a position in favour of abolition of the death penalty. Some States that opposed the abolition of the death penalty in the recent past have moved to abolish it; others have imposed a moratorium on its use. The application of the death penalty appears to be confined to an ever-narrowing minority of countries. Those remaining States cite a number of reasons for retaining the death penalty, including what they see as its deterrent effect; that it is consistent with public opinion; that it is equally applied against all perpetrators; and that there are sufficient judicial safeguards to ensure defendants are not wrongfully convicted. Over the past two years, the Office of the High Commissioner for Human Rights has convened a series of important panel discussions on the death penalty, seeking to address these issues. The events drew on the experiences of government officials, academic experts and civil society from various regions which, in recent years, have made progress towards abolition or the imposition of a moratorium. They covered key aspects of the issue, including data on wrongful convictions and the disproportionate targeting of marginalized groups of people. This publication brings together the contributions of the panel members as well as other experts on this subject. Taken as a whole, they make a compelling case for moving away from the death penalty Details: New York: UN, 2014. 109p. Source: Internet Resource: Accessed November 3, 2016 at: http://www.ohchr.org/Lists/MeetingsNY/Attachments/52/Moving-Away-from-the-Death-Penalty.pdf Year: 2014 Country: International URL: http://www.ohchr.org/Lists/MeetingsNY/Attachments/52/Moving-Away-from-the-Death-Penalty.pdf Shelf Number: 144996 Keywords: Capital PunishmentDeath PenaltyHuman Rights AbusesWrongful Convictions |
Author: Human Rights Watch Title: "The Farmer Becomes the Criminal": Land Confiscation in Burma's Karen State Summary: Conflicts over land in Burma have intensi ed in recent years as the country has embarked on a process of democratic transition, marked by growing foreign investments and efforts to resolve long-running armed conflicts in ethnic areas. As a result, demand for land is greater than everâwhether for resource extraction, agriculture, tourism, or infrastructure developmentâand powerful interests are seizing control by displacing local people without adequate compensation or effective redress. In Karen State, located on the Thai border, farmers and rural villagers regularly face land confi scation. In a country where over 70 percent of people earn a living through agriculture, losing land oÂen means losing a livelihood. "The Farmer Becomes the Criminal" documents human rights abuses connected to land seizures in Karen State. The report details cases in which government oÂffcials, military personnel, local militia members, and businessmen have used intimidation, coercion, and force to seize land from local people. Farmers and activists who protest land-taking face retaliation by police and prosecution under peaceful assembly and criminal trespass laws. The report analyzes the corrupt land administration structures and abusive laws that have laid the foundation for these practices. Human Rights Watch calls on the Burmese government to release all land rights activists detained for peacefully protesting land seizures and end the arbitrary arrest of activists by police; impartially investigate allegations of unlawful land seizures; and ensure the return of land taken improperly. The government should establish an independent forum with power to adjudicate land disputes for villagers who challenge decisions about land use, and set up mechanisms for individuals to report rights abuses by local government oÂfficials. Details: New York: HRW, 2016. 97p. Source: Internet Resource: Accessed November 3, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/burma1116_web.pdf Year: 2016 Country: Burma URL: https://www.hrw.org/sites/default/files/report_pdf/burma1116_web.pdf Shelf Number: 145317 Keywords: Human Rights AbusesLand ConflictsLand Seizures |
Author: Human Rights Watch Title: Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions Summary: In at least eight countries in which consensual same-sex conduct is criminalized, law enforcement officials working in tandem with medical personnel subject men and transgender women who are arrested on homosexuality-related charges to forced anal examinations, with the purported objective of finding "proof" of homosexual conduct. These examinations, based on long-discredited 19th century science, often involve doctors or other medical personnel forcibly inserting their fingers, and sometimes other objects, into the anus of the accused in order to determine the tone of the anal sphincter or the shape of the anus. The overwhelming weight of medical and scientific opinion holds that it is impossible to use these exams to determine whether a person has regularly engaged in same-sex conduct. Forced anal examinations are a form of cruel, degrading, and inhuman treatment that can rise to the level of torture. They violate the Convention against Torture, the International Covenant on Civil and Political Rights, and the African Convention on Human and Peoplesâ Rights. As the UN Committee against Torture has emphasized, they "have no medical justification and cannot be consented to fully." Medical personnel who agree to conduct forced anal exams do so in violation of international principles of medical ethics. Dignity Debased is based on interviews with 32 men and transgender women who underwent forced anal examinations, compiles evidence of the use of forced anal exams in eight countries: Cameroon, Egypt, Kenya, Lebanon, Tunisia, Turkmenistan, Uganda, and Zambia. The report recommends that all states ban forced anal examinations, and that international and domestic human rights and health institutions vigorously and vociferously oppose their use. Details: New York: HRW, 2016. 90p. Source: Internet Resource: Accessed November 16, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/globallgbtanalexams0716web.pdf Year: 2016 Country: International URL: https://www.hrw.org/sites/default/files/report_pdf/globallgbtanalexams0716web.pdf Shelf Number: 141179 Keywords: Homosexuality Human Rights Abuses |
Author: Human Rights Watch Title: Grounds for Concern: Belgium's Counterterror Responses to the Paris and Brussels Attacks Summary: In November 2015, coordinated attacks by armed extremists killed 130 people in Paris. Four months later, attackers struck in Brussels, killing 32. The attacks were the deadliest in France and Belgium in decades. In both cases, the Islamic State (also known as ISIS) claimed responsibility. Perpetrators in both strikes had connections to Belgium. The Belgian authorities responded by enacting a ra of counter-terrorism laws and deploying 1,800 soldiers in major cities. The police have carried out several hundred raids, detentions, and stops-and-searches. These actions have helped the authorities charge and convict dozens of terrorism suspects. But as Grounds for Concern reveals, these laws, particularly if enforced arbitrarily or in ways that could be perceived as discriminatory, threaten basic rights including those to movement, liberty, free expression and privacy. In addition, some police operations have involved alleged beatings or other use of excessive force. Human Rights Watch investigated 26 incidents of alleged police abuse. In all but one case those targeted were Muslim. The Belgian authorities should amend and monitor counter-terrorism laws and policies to ensure they do not erode fundamental rights and enforce zero tolerance for police abuse. Governments have a responsibility to protect people from attack and to hold those responsible to account. But disproportionate responses are not only unlawful, they also risk driving a wedge between the Belgian authorities and communities that feel targetedâthe very outcome that ISIS seeks to provoke. Details: New York: HRW, 2016. 65p. Source: Internet Resource: Accessed November 28, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/belgium1116_web.pdf Year: 2016 Country: Belgium URL: https://www.hrw.org/sites/default/files/report_pdf/belgium1116_web.pdf Shelf Number: 147308 Keywords: Counter-terrorismExtremist ViolenceExtremistsHuman Rights AbusesISISIslamic StateTerrorismTerrorists |
Author: Omega Research Foundation Title: Grasping the Nettle: Ending Europe's Trade in Execution and Torture Technology Summary: In 2006 the European Union (EU) introduced the world's first multilateral trade controls to prohibit the international trade in equipment which has no practical use other than for the purposes of executions, torture or other cruel, inhuman or degrading treatment or punishment; and to control the trade in a range of policing and security equipment misused for such violations of human rights, 'Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment' (the Regulation). In January 2014 the Commission presented proposals to the Council of Member States and the European Parliament for strengthening the Regulation. Whilst the Commission proposals focused on certain long-standing limitations, they failed to effectively address a number of crucial weaknesses and loopholes in the Regulation and its attendant control regime. If these issues are not tackled directly now by EU Member States and the European Parliament, this rare opportunity to comprehensively strengthen the control regime and close loopholes exploited by unscrupulous traders will be missed. It is now time for the European Union to "grasp the nettle" and end Europe's trade in execution and torture technology for good. This report, co-authored by Amnesty International and the Omega Research Foundation, is intended to inform this process by highlighting existing failings of the control regime through contemporary case studies and by providing realistic and workable policy solutions to these often complex technical issues. Details: London: AI, 2015. 59p. Source: Internet Resource: Accessed December 20, 2016 at: https://omegaresearchfoundation.org/sites/default/files/uploads/Publications/Grasping%20the%20Nettle%20Ending%20Europes%20Trade%20in%20Execution%20and%20Torture%20Technology.pdf Year: 2015 Country: Europe URL: https://omegaresearchfoundation.org/sites/default/files/uploads/Publications/Grasping%20the%20Nettle%20Ending%20Europes%20Trade%20in%20Execution%20and%20Torture%20Technology.pdf Shelf Number: 147784 Keywords: ExecutionsHuman Rights AbusesTorture |
Author: Fair Trials International Title: A Measure of Last Resort? The practice of pre-trial detention decision making in the EU Summary: 1. Pre-trial detention (depriving suspects and accused people of their liberty before the conclusion of a criminal case) is intended to be an exceptional measure, only to be used as necessary and proportionate and in compliance with the presumption of innocence and the right to liberty. Its use is only acceptable as a measure of last resort, in very limited circumstances. Unfortunately, in the EU as around the world, these strict limitations are not always respected. 2. The EU is facing a long-standing crisis in prison overcrowding that threatens to undermine mutual trust and the functioning and legality of mutual recognition instruments like the European Arrest Warrant. Overcrowding, and the rights violations it causes, is driven in part by excessive use of pre-trial detention, in contravention of regional and international standards. The European Commission and Parliament have, for the past five years, repeatedly recognised the need for improved standards of pre-trial detention. Recent decisions from the Court of Justice of the European Union have again pushed the need for regional legislation to the fore. 3. Given the concern expressed about excessive use of pre-trial detention in the EU, there is a surprising lack of information on the practical operation of procedural rules designed to ensure that detention is only used when strictly legal and necessary. In order to gain a realistic view of problems in practice on which to develop targeted national and regional solutions, Fair Trials has coordinated research in ten EU Member States (England and Wales, Greece, Hungary, Italy, Ireland, Lithuania, Netherlands, Poland, Romania, and Spain) to analyse the practice of pre-trial detention decision-making and the use of alternatives to detention. The research consisted of legal and statistical analysis, hearing monitoring, case-file reviews, a survey of defence lawyers, and qualitative interviews with prosecutors and judges, resulting in detailed reports. This report provides a high-level overview of the research and analysis from an EU regional perspective..." Details: London: Fair Trials, 2016. 84p. Source: Internet Resource: Accessed December 23, 2016 at: https://www.fairtrials.org/wp-content/uploads/A-Measure-of-Last-Resort-Full-Version.pdf Year: 2016 Country: Europe URL: https://www.fairtrials.org/wp-content/uploads/A-Measure-of-Last-Resort-Full-Version.pdf Shelf Number: 144813 Keywords: Detention Human Rights Abuses Imprisonment Pretrial Detention |
Author: Grimshaw, Roger Title: Preventing Torture in the UK: A report on the National Preventive Mechanism Summary: This report was originally completed in 2014, as part of the Centreâs work as the UK representative of the European Prison Observatory (EPO). The EPO is a pan-European body composed of civil society organisations championing the adherence to international protocols against torture and mistreatment in detention. We are publishing the report now as a contribution to the current debate over how to address deteriorating conditions and escalating violence in the UK prison systems. The report concerns the activities of the UK National Preventive Mechanism (NPM). Little known of outside specialist circles, the NPM works across the four UK nations and regions to strengthen the protection of people in detention, identify practices that could amount to ill-treatment, and ensure a consistent approach to inspection, in line with international standards. The UK NPM is one of over 50 NPMs that have been established in various United Nations member countries. The UK NPM, the report points out, has made a positive contribution in some areas. These included recommendations in relation to immigration removal and to the detention of young people in police custody, as well as work highlighting the lessons of deaths in custody. As is plain from the recent rise in prison suicide, important gains can quickly be undone. The report also documents a number of areas of ongoing concern. These include the use of restraint on children in custody that is intended to inflict deliberate pain, and the use of TASERs in prisons. The indefinite detention of asylum-seekers and the lack of mental health services for people in detention are areas of concern. The United Nations Committee against Torture (CAT), which oversees the work of NPMs across the world, has called on the UK government to âset concrete targets to reduce the high level of imprisonment and overcrowdingâ. Since the CAT made this call in 2013, the situation has deteriorated markedly. People in custody are particularly vulnerable to mistreatment. While the work of inspection coordinated by the UK NPM cannot, of itself, prevent mistreatment, an independent inspection system can shine a light in the dark corners of places of detention and challenge governments and state institutions to hold to important international norms and standards. Details: London: Centre for Crime and Justice Studies, 2016. 12p. Source: Internet Resource: Briefing 17: Accessed December 23, 2016 at: https://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/FINAL%20CCJS_Briefing17_Dec15.pdf Year: 2016 Country: United Kingdom URL: https://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/FINAL%20CCJS_Briefing17_Dec15.pdf Shelf Number: 147813 Keywords: Human Rights AbusesPrisoner AbusesTorture |
Author: Human Rights Watch Title: Punished for Protesting: Rights Violations in Venezuela's Streets, Detention Centers, and Justice System Summary: On February 12, 2014, thousands of people across Venezuela participated in public demonstrations to protest the policies of the administration of President Nicolas Maduro. In several locations, violent clashes broke out between security forces and protesters. Since then, dozens of people have been killed, hundreds injured, and many more arrested in the context of ongoing demonstrations. The Venezuelan government has characterized the protests as violent. There is no doubt that some protesters have used violence, such as throwing rocks and Molotov cocktails at security forces. However, our research shows that Venezuelan security forces have repeatedly used unlawful force against unarmed and nonviolent individuals. Punished for Protesting documents 45 cases, involving more than 150 victims, in which security forces committed serious human rights violations against protesters and bystanders, including severely beating unarmed individuals and shooting them at point blank range. Nearly all of the victims were also arrested and, while in detention, subjected to physical and psychological abuse. In at least 10 cases, the abuse clearly constituted torture. Security forces have also allowed armed pro-government gangs to attack unarmed civilians, and in some cases openly collaborated with them. The abuses were compounded by prosecutors and judges, who either turned a blind eye or were party to violations of detainees' due process rights, including the denial of access to legal counsel and holding unfair hearings. Justice officials routinely failed to intervene when detainees presented to them were visibly injured, or to scrutinize evidence that had been fabricated or planted by security forces. Venezuela should ensure that human rights violations committed in the context of protests are brought to an end, and that the abuses that have occurred are subject to prompt, thorough, and impartial investigations that bring the perpetrators to justice. All acts of violence by non-state actors in the context of protests should also be thoroughly and impartially investigated and prosecuted, regardless of the political affiliation of suspects or victims. Details: New York: Human Rights Watch, 2014. 109p. Source: Internet Resource: Accessed January 26, 2017 at: https://www.hrw.org/sites/default/files/reports/venezuela0514_ForUpload_0.pdf Year: 2014 Country: Venezuela URL: https://www.hrw.org/sites/default/files/reports/venezuela0514_ForUpload_0.pdf Shelf Number: 145437 Keywords: DemonstrationsHuman Rights AbusesProtest Movements |
Author: Amnesty International Title: "If You Are Poor, You Are Killed": Extrajudicial executions in the Philippines' "War on Drugs" Summary: Since President Duterte took office in June 2016, there has been a campaign of violence against alleged drug offenders. More than 7,000 people have been killed, roughly one-third during formal police operations and the rest by unknown shooters. Based on 110 interviews and the documentation of 33 cases, this report shows that many drug-related killings are extrajudicial executions that directly implicate the police. The report also describes how the "war on drugs" has targeted the poor disproportionately. It reveals how at least some unknown shooters are assassins paid by police officers Details: London: AI, 2017. 68p. Source: Internet Resource: Accessed February 15, 2017 at: https://www.amnesty.org/en/documents/asa35/5517/2017/en/ Year: 2017 Country: Philippines URL: https://www.amnesty.org/en/documents/asa35/5517/2017/en/ Shelf Number: 145790 Keywords: Drug OffendersExtrajudicial ExecutionsHuman Rights AbusesPolice BrutalityWar on Drugs |
Author: Follmar-Otto, Petra Title: Human trafficking in Germany; strengthening victim's human rights Summary: The previously marginalised phenomenon of human trafficking became a mainstream political issue more than ten years ago. Human trafficking is not only perceived as a severe form of transnational organised crime but is also denounced as a human rights violation. Many international, regional, and national initiatives and programmes have been created. The 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings are specialised legal instruments that have led to legal changes at the regional and national levels. In spite of these developments, human trafficking remains one of the most urgent human rights issues for Germany and other industrialised countries: first â in spite of the necessary scepticism about the data on human trafficking â there is every indication that the extent of human trafficking in Europe and worldwide remains very high. Second, victim's rights have made only marginal progress in spite of the attention human trafficking receives in Germany: the vast majority of trafficked persons are not identified as victims of human trafficking. In practice, even those who are so identified cannot assert rights to (temporary) residence, safe accommodation, material and psychosocial assistance, and remuneration and compensation unless they agree to appear as witnesses in criminal proceedings. Trafficked persons are not perceived as legal subjects, and there is a lack of legal clarity and legal certainty. Third, the prevention of human trafficking is not integrated into a way of organising (labour) migration that is generally oriented to human rights and aims to ensure that regular and irregular migrants never end up in situations of exploitation that are similar to slavery. Announcements are often made to the public that enough has been said about human trafficking and that it is now time to act. This is certainly right â but, given the steps that have already been taken, it is also necessary to review the underlying concepts and the effects that actions taken against human trafficking can have on human rights. Trafficked persons are caught in the competing political interests of fighting crime, migration policies, and human rights. In many countries, including Germany, actions that are taken and reforms of the law still emphasise criminal prosecution. A full human rights approach has not yet been developed. The specific international instruments on human trafficking are still far from covering all obligations under the core human rights treaties, such as the UN Covenant on Civil and Political Rights or the UN Convention for the Elimination of all Forms of Discrimination against Women (CEDAW). Measures against human trafficking can even lead to violations of the human rights of trafficked persons (or people who could potentially be trafficked) or other groups, such as migrants or sex workers. In some contexts, combating human trafficking is also used as a pretext for introducing restrictive and repressive measures into migration or security policies or the regulation of sex work. This study is therefore intended to contribute to the analysis of policies against human trafficking from the viewpoint of human rights. In the public debate there is often uncertainty about how to describe this phenomenon, which makes it difficult to take effective, appropriate action against human trafficking. This study therefore begins with definitions, explains the necessary distinctions, and provides data and facts about human trafficking (section 2). The third section covers the causes of human trafficking and the various approaches to combating it and describes the status quo in Germany. The fourth section discusses in greater detail how the prohibition of human trafficking and the resulting state obligations are anchored in human rights. The more recent specialised international agreements on human trafficking and law-making in the European Union are then presented (section 5). The emphasis is on the Council of Europe Convention, which professes to treat human trafficking in a human rights context. The final chapter summarizes elements of a human rights approach against human trafficking and makes recommendations for further development of policies. This study concentrates on trafficking in adults. Women, who make up the vast majority of the trafficked persons in Europe, are in the forefront. The field of trafficking in children is not covered by this study. Where that issue is concerned, reference is made to a recently published study by the Fundamental Rights Agency (FRA) of the European Union, which investigates the legal framework and measures against trafficking in children in the EU Member States. Details: Berlin: German Institute for Human Rights, 2009. 96p. Source: Internet Resource: Accessed February 28, 2017 at: http://www.stiftung-evz.de/fileadmin/user_upload/EVZ_Uploads/Publikationen/Studien/2009_study_human_trafficking_in_germany.pdf Year: 2009 Country: Germany URL: http://www.stiftung-evz.de/fileadmin/user_upload/EVZ_Uploads/Publikationen/Studien/2009_study_human_trafficking_in_germany.pdf Shelf Number: 141254 Keywords: Human Rights AbusesHuman TraffickingOrganized CrimeVictims of Trafficking |
Author: McPherson, Ella Title: ICTs and Human Rights Practice Summary: In 2010, the UN Special Rapporteur on extrajudicial, summary, or arbitrary executions, Christof Heyns, received a horrifying video from the UKâs Channel 4 that seemed to document the summary execution of Tamil prisoners by Sri Lankan soldiers. This anonymous video, shot on a mobile phone, was an extended version of a video that Heyns' predecessor, Philip Alston, had previously evaluated. If true, the video would be evidence of a grave violation of the right to life â evidence that could not have existed prior to the advent of video-enabled mobile phones. After receiving the first, shorter version of the video, Alston wrote the Sri Lankan government indicating that the footage warranted an independent investigation. In response, the Sri Lankan government claimed the video had been fabricated, citing analysis it commissioned from audio, video, ballistics, and forensic pathology experts. In turn, Alston also engaged experts, who instead found that the contents of the video indicated authenticity. Heyns gave the extended video to the same experts for review; by examining the footage for indications of editing and the details of the incidents recorded, these experts again concluded that the video depicted real executions. Heyns then reported these findings to the United Nations Human Rights Council, calling on the Sri Lankan Government to investigate the executions. This pioneering case, which demonstrated both the potential of information and communication technologies (ICTs) for expanding the documentation of human rights violations and the problem of verification this expansion poses, was an impetus for this report. ICTs are unsettling human rights practices across the board, including the key practices of preventing human rights violations, fact-finding cases of violations, and advocating for the amelioration of individual cases as well as for the promotion of a broader culture of human rights. Given the pace of innovation in the development and use of ICTs, our understanding of their impact on human rights often lags. Understanding this impact is crucial not just because of the opportunities ICTs create for human rights â which we can think of as affordances, or what ICTs allow their users to do. It is also crucial â due to the 'double-edged' nature of technology â because of the risks. Information and communication technology is a catchall category that refers to the hardware and software that facilitate the production, storage, transmission, and reception of digital information. The aim of this report, targeted at both practitioners and researchers, is to provide a snapshot of current initiatives and trends at the intersection of ICTs and human rights practices. Based on a review of primary materials documenting these initiatives and trends as well as on interviews with human rights defenders (HRDs), this report examines three key human rights practices in turn. In prevention, the use of ICTs includes their deployment to protect HRDs, to deter violations through police body-worn cameras, and for conflict prevention and early warning systems. These three uses address hotspots of right to life violations. They also create new security and privacy risks. In fact-finding, ICTs support both spontaneous and solicited civilian witnessing. ICTs facilitate fact-findersâ evaluation of human rights information for evidence â but they also complicate it because of the volume and verification challenges of social media information. Although generating robust evidence is a requirement of all human rights fact-finding, it is particularly relevant for cases involving the violation of the right to life, as one of the major challenges in this area is perpetratorsâ refutation of allegations of violations. In terms of advocacy, ICTs provide new opportunities for reaching publics and advocacy targets. Because of social mediaâs particular characteristics and cultures, however, their use may jeopardize the visibility of particular categories of human rights information as well as the reputations of human rights organizations. Looking at opportunities and risks for human rights practices in the field is key for understanding how using ICTs can impact work to secure the right to life and other human rights. These opportunities and risks are not, however, distributed evenly. Their distribution is inflected by digital divides with respect to access to ICTs as well as with respect to digital literacy, or knowledge about how to use ICTs. These digital divides, as well as the nature of the opportunities and risks that the use of ICTs generates, are in turn influenced by ICTs' political economy, namely the power relations in which the use of particular ICTs are embedded. The conclusion of this report recommends that academics and practitioners take an approach to understanding ICTs and human rights practice that encompasses these aspects as a way to foreground the human rights concerns of redressing power abuses and enabling pluralism in the research, design, and deployment of these ICTs. Details: Cambridge, UK: University of Cambridge, Centre of Governance and Human Rights, 2015. 57p. Source: Internet Resource: Accessed March 3, 2017 at: http://www.cghr.polis.cam.ac.uk/research-themes/human-rights-in-the-digital-age-1/ICTS_and_Human_Rights_Practice Year: 2015 Country: International URL: http://www.cghr.polis.cam.ac.uk/research-themes/human-rights-in-the-digital-age-1/ICTS_and_Human_Rights_Practice Shelf Number: 141319 Keywords: Arbitrary ExecutionsCommunication TechnologyExtrajudicial ExecutionsHuman Rights AbusesInformation Technology |
Author: Probert, Thomas, ed. Title: Unlawful Killings in Africa: a study prepared for the UN Special Rapporteur on extrajudicial, summary or arbitrary executions Summary: This study presents the work of a Research Team convened by the Centre of Governance and Human Rights (CGHR) at the University of Cambridge. This team was tasked with surveying events and reporting from the African continent germane to the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, a mandate focused upon violations of the right to life contrary to international law. This mandate, together with the framing of the right to life itself, establishes a category of violations that will here be referred to as "unlawful killings". While there are many organisations monitoring and reporting on killings both globally and with particular African focus, most do so with the objective frame of reference of violence. The purpose of this report is to narrow that focus to the (international) legal frame of unlawful killing. This is undertaken with a view to increasing attention to the right to life, but also as a means of assisting the Special Rapporteur in prioritisation over the coming years. Since the international human rights framework, of which this mandate is part, speaks primarily to states or state-like actors and not to private individualsâthe category of unlawful killings does not include every act of killing, however illegal in domestic law. However this is not to say that the international legal definition of an unlawful killing cannot accommodate killings which are not perpetrated by a state actor. The stateâs dual obligation both to respect and to protect the right to life places certain types of killing by non-state actors within the scope of the mandate and therefore of this study. Unlawful Killings in Africa draws attention to the fact that both the level of state control (both direct and indirect) over the act of killing and the scale of the incidence of the killing can be relevant to determining whether that loss of life can be regarded from within the international human rights system. Details: Cambridge, UK: Centre of Governance and Human Rights, University of Cambridge, 2014. 268p. Source: Internet Resource: Accessed March 3, 2017 at: http://www.cghr.polis.cam.ac.uk/research-themes/right_to_life/unlawful_killings_in_africa/unlawful_killings_report/pdf Year: 2014 Country: Africa URL: http://www.cghr.polis.cam.ac.uk/research-themes/right_to_life/unlawful_killings_in_africa/unlawful_killings_report/pdf Shelf Number: 141320 Keywords: Arbitrary Executions Extrajudicial ExecutionsHomicidesHuman Rights AbusesVigilantism |
Author: Australia. Senate Legal and Constitutional Affairs References Committee Title: Serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus Regional Processing Centre Summary: Australia's policy of offshore processing has been the subject of a number of Senate inquiries. These inquires have been highly critical of many aspects of the Regional Processing Centre (RPC) policy. The evidence which this committee has received has fallen primarily within three main areas: - the operation and administration of RPCs, including service delivery, incident reporting, and health, safety and welfare; - the offshore processing policy itself, including whether it is effective, lawful, and/or represents 'value for money'; and - looking to the future, including how Australia can expedite third country resettlement options. A substantial part of this report is devoted to recording the high number of incident reports made public through the publication of 'the Nauru files', and supported by evidence from submitters to this inquiry. While evidence of this nature is not new, and reflects evidence which has been presented to previous inquiries, it is the first time that this volume and detail of information has been publicly available. Some of the reports are recordings of allegations made by refugees and asylum seekers, and many contain information which workers have observed first hand. The content is deeply concerning. Collectively, these reports paint the picture of a deeply troubled asylum seeker and refugee population, and an unsafe living environment - especially for children. Even more troublingly, these reports only record those incidents which have actually been reported to workers, or which workers have themselves observed. Undoubtedly, they do not reflect the true prevalence of such incidents. In its current manifestation, Australia's policy of offshore processing is deeply affected by structural complexity. Despite the efforts of the Department of Immigration and Border Protection (the department), its contractors and sub-contractors, and other related stakeholders, there are clear failures by the department in administering the current policy in a safe and transparent manner. The policy structure is complex, and it relies heavily on the private sector to administer the day-to-day management of the scheme. This structural complexity has led to a lack of accountability and transparency in the administration of the policy, and a failure to clearly acknowledge where the duty of care lies in relation to those asylum seekers and refugees. For a policy which represents such a significant investment of Australian public funds, this lack of accountability is disturbing. Details: Sydney: The Senate, 2017. 245p. Source: Internet Resource: accessed May 2, 2017 at: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/NauruandManusRPCs/Report Year: 2017 Country: Australia URL: Shelf Number: 145239 Keywords: Asylum SeekersHuman Rights AbusesRefugees |
Author: Drake, B. Shaw Title: Crossing the Line: U.S. Border Agents Illegally Turning Away Asylum Seekers at U.S. Border Summary: The U.S. government is illegally turning away asylum seekers at official land crossings all along the southern border. Border agents must refer a person seeking asylum or expressing a fear of persecution to a protection screening interview or an immigration court proceeding where they can seek asylum. Instead, some border agents are blocking access to asylum by refusing to process protection requests. This practice violates both U.S. law and U.S. treaty obligations. It also clashes with the ideals of a nation that has often led globally on refugee protection, a nation that President Reagan aptly described as a "beacon" to people searching for freedom. U.S. government entities have raised concerns about the treatment of asylum seekers. In 2016, for example, the bipartisan U.S. Commission on International Religious Freedom (USCIRF) cited some Customs and Border Protection (CBP) officers' "outright skepticism, if not hostility, toward asylum claims and inadequate quality assurance procedures." Also in 2016 Human Rights First and other non-governmental organizations raised concerns about reports that the government was turning away asylum seekers in San Ysidro, California as CPB officers struggled to manage an increase in arrivals. This practice proliferated after the November 2016 election and persists even as the number of arrivals has fallen sharply. In the wake of the election and President Trump's January executive orders relating to refugees, CPB agents have in some cases claimed the United States is no longer accepting asylum seekers. For example, a CBP officer in south Texas reportedly told a Central American asylum seeker, "Trump says we don't have to let you in." In San Ysidro a CPB officer reportedly told a Mexican asylum seeker, "[Christians] are the people we are giving asylum to, not people like you." CBP officers are improperly rejecting asylum seekers at small ports of entry and major ones across the border, including in Brownsville, McAllen, Laredo, El Paso, and San Diego. When they are blocked from protection, asylum seekers face continued danger in Mexico, often immediately. Cartels, smugglers, and traffickers - who control areas around border crossings and wait outside some ports of entry where they see migrants and asylum seekers as easy prey - have kidnapped, raped, and robbed asylum seekers wrongly turned away by the U.S. government. In February, March, and April, Human Rights First researchers visited the border regions of California, Texas, and Arizona, and the Mexican border cities of Reynosa, Matamoros, Nogales, and Tijuana. They interviewed asylum seekers, attorneys, non-profit legal staff, faith-based groups assisting refugees, and migrant shelter staff. While recent data shows CBP agents referred some 8,000 asylum seekers at ports of entry from December 2016 to March 2017, an unknown number of asylum seekers have been unlawfully rejected. This report is based on 125 cases of individuals and families wrongfully denied access to U.S. asylum procedures at U.S. ports of entry. Many more have likely suffered a similar fate as these abuses often goes unreported due to the security threats faced by those who are turned away, the dearth of legal counsel, and the lack of effective compliance mechanisms and monitoring of CBP practices. Details: New York: Human Rights First, 2017. 32p. Source: Internet Resource: Accessed May 5, 2017 at: http://www.humanrightsfirst.org/sites/default/files/hrf-crossing-the-line-report.pdf Year: 2017 Country: United States URL: http://www.humanrightsfirst.org/sites/default/files/hrf-crossing-the-line-report.pdf Shelf Number: 145318 Keywords: Asylum SeekersBorder PatrolBorder SecurityHuman Rights AbusesImmigration EnforcementImmigration Policy |
Author: Justice Project Pakistan Title: A Summary: On December 17, 2014, Pakistan lifted a seven-year moratorium on the death penalty. Coming in the wake of the tragic terrorist attacks on the Army Public School in Peshawar, the resumption of executions initially applied only to individuals convicted of terrorist offenses. Yet within several months and without public justification, the Interior Ministry lifted the moratorium for all death-eligible crimes. As a result, more than 8,000 individuals are now at risk of execution, many for offenses that are ineligible for capital punishment under international law. Since ending the moratorium, Pakistan has executed more than 400 people, bringing the country's annual rate of executions to the highest point in its history and making it the "third most prolific executioner in the world." In the twenty months since the lifting of the moratorium, the Government of Pakistan has carried out 418 executions. This means that an average of 6 executions have been carried out every week since the death penalty was reinstated, with the highest number of executions taking place in the province of Punjab. Whilst there is no confirmed figure for Pakistan's total death row population, in December 2014, the Ministry of Interior and the Ministry of Law and Justice stated that there were 8,261 prisoners on death row in Pakistan. Therefore, thousands of prisoners remain at risk of imminent execution. Initially, in December 2014, executions were reinstated for terrorism-related offences only. In March 2015, however, the Government - without any public justification - bought back the death penalty for all capital offences. Thereafter, from December 2014 to March 2015, the Government executed a total of 24 people, or an average of 2 per week. That rate more than doubled in March 2015 to over 5 per week, when executions were also resumed for non-terrorism cases. In the period March 2015 to September 2016, the Government has executed an alarming total of 393 people. Pakistan's resumption of executions has drawn sharp criticism from international actors. On June 11, 2015, UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein said, "[t]he idea that mass executions would deter the kinds of heinous crimes committed in Peshawar in December is deeply flawed and misguided, and it risks compounding injustice." That same week, the European Union delegation mission to Pakistan urged its government "to reinstate the moratorium immediately to commute the sentences of persons sentenced to death" in order to comply with its international legal 9 10 obligations. British and German officials have also urged Pakistan to reconsider its decision. Pakistan's imposition of the death penalty is, at its core, arbitrary. To begin with, Pakistan does not reserve the death penalty for the "most serious crimes," as required by international law, but instead imposes execution for commonplace offenses, such as kidnapping and drug-trafficking. Second, Pakistan's justice system is ridden with deficiencies and abuses of authority. Police routinely coerce defendants into confessing, often by torture, and courts admit and rely upon such evidence. Poor defendants must rely on attorneys who typically provide only cursory and ineffective representation. Once sentenced, defendants lack effective recourse to post-conviction relief, even in the face of new exonerating evidence. Finally, the Anti-Terrorism Act of 1997 offers even fewer safeguards than the ordinary criminal justice system and has the effect of fast-tracking convictions. Each of these failings constitutes a human rights violation in itself; taken together, they reveal an unreliable system that is fundamentally incapable of administering the ultimate and irreversible penalty of death. As the cases examined in this report illustrate, the systemic problems described above fall most heavily on Pakistan's most vulnerable members - the poor, juveniles, and persons with mental illness and development and intellectual disabilities. This report, written by the Allard K. Lowenstein International Human Rights Clinic at Yale Law School (Lowenstein Clinic) in partnership with Justice Project Pakistan (JPP), documents the many ways in which Pakistan's application of the death penalty is in breach of its obligations under international law. In 11 analyzing Pakistan's use of the death penalty, the authors focused on "crucial cases" that exemplify the numerous international law violations and that illustrate the particularly damaging impact of these violations on certain vulnerable populations: juveniles, the mentally ill, and persons with physical disabilities. Relying on public records for a dozen of JPP's clients sentenced to death, the report tracks the many junctures at which violations occur, from charging to sentencing to execution. Several of the individuals selected have been executed since research for this report began. The systemic violations illustrated in this report compel the conclusion that Pakistan's continuing practice of capital punishment violates international law. The irreversible nature of execution mandates the immediate reinstatement of the moratorium on all executions. Yet a moratorium alone will not suffice. Today, Pakistan continues to sentence to death persons who are juveniles, mentally ill, or very likely innocent. What procedural safeguards exist in theory are largely ignored on the ground. Given the multi-level failings of its criminal justice system, Pakistan should suspend indefinitely all capital sentencing and launch investigations into those cases marked by allegations of juvenility, mental illness, the use of torture and other abuses of authority, and evidence of innocence. Details: New Haven, CT: Justice Project Pakistan, ALLARD K. LOWENSTEIN INTERNATIONAL HUMAN RIGHTS CLINIC, YALE LAW SCHOOL 2016. 61p. Source: Internet Resource: Accessed May 8, 2017 at: https://law.yale.edu/system/files/area/center/schell/2016_09_23_pub_dp_report.pdf Year: 2016 Country: Pakistan URL: https://law.yale.edu/system/files/area/center/schell/2016_09_23_pub_dp_report.pdf Shelf Number: 145352 Keywords: Capital PunishmentDeath PenaltyExecutionsHuman Rights Abuses |
Author: International Crisis Group Title: Women and Conflict in Afghanistan Summary: As the presidential election approaches in 2014, with the security transition at the year's end, Afghan women, including parliamentarians and rights activists, are concerned that the hard-won political, economic and social gains achieved since the U.S.- led intervention in 2001 may be rolled back or conceded in negotiations with the insurgents. Afghanistan's stabilisation ultimately rests on the state's accountability to all its citizens, and respect for constitutional, legal and international commitments, including to human rights and gender equality. There will be no sustainable peace unless there is justice, and justice demands that the state respect and protect the rights of women, half its population. Following the Taliban's ouster, Afghan women worked hard to reverse the damage wrought by more than two decades of a civil war that deprived them of the limited progress towards gender equality experienced in earlier times. As a result of international support, donor aid and their own efforts, women are now an essential part of the post-Taliban order and have played a major role in reconstructing the state and its institutions. 40 per cent of all schoolchildren are girls. Women are more than 27 per cent of parliament. They are in the bureaucracy, the judiciary and the Afghan National Security Forces (ANSF) and are lawyers, entrepreneurs, journalists and civil society activists. In the last twelve years, women's legal status has improved considerably. Gender equality is enshrined in the constitution. The Elimination of Violence Against Women (EVAW) law criminalises rape for the first time. The state is now legally bound to protect women from violence. The ministry of women's affairs (MOWA) and the government's National Action Plan for Women (NAPWA) place empowerment at the heart of state building. Yet, women still struggle to avail themselves of their rights and to consolidate and advance their progress. The implementation of laws to ensure women's rights and support their political and economic participation is uneven. Years of prioritising counter-insurgency over community policing have impeded the emergence of a police force able and willing to protect women from violence. Women are a mere 1 per cent of the Afghan National Police (ANP). Female police are marginalised and often incapable of responding effectively to incidents of violence against women. A fraction of the incidents of gender-based violence are tried under the EVAW law. Very few cases even make it to the formal justice system; most are decided by jirgas or shuras (local councils) mainly dominated by strongmen. Moreover, persistent insecurity and violence threaten women's political, economic and social rights. Those in positions of authority are regularly threatened; many have been killed by insurgents. Militants have attacked girls' schools, students and staff. Qualified female teachers and health workers are reluctant to work outside relatively secure urban centres, undermining rural women's and girls' access to education and basic health services. Since the formal transfer of the security lead to the ANSF in mid-2013, insurgent threats to women have increased. Their rights are also under attack from yesterday's warlords, now powerbrokers both within and outside government. Rearming their militias as a hedge against what may happen in the 2014 elections or after the transition and attempting to consolidate their electoral base, including by demonstrating independence from the West, they could undo women's fragile gains. The reversal of progress is already evident. With presidential and provincial council elections due in April, the latest electoral law has reduced the quota - guaranteed seats - for women in provincial assemblies from a quarter to a fifth. If passed by both houses of parliament, a change in the Criminal Prosecution Code disqualifying relatives of the accused from testifying against them would severely constrain women's ability to take abuse cases to court. Conservative members of parliament have strongly opposed the EVAW law, calling it un-Islamic when it was introduced in parliament in May 2013. Though it remains valid at least until a vote in parliament, the attention its detractors have received could undermine its already limited use. A wide range of Afghan and international women's rights organisations have urged President Hamid Karzai, who enacted it by decree in 2009, to speak in favour of the law and endorse its implementation. In the July 2012 Tokyo Framework defining the terms for continued donor aid after the security transition, Kabul pledged to improve governance, enforce rule of law and protect human rights, including by the EVAW law. Signalling that it will not accept the erosion of women's rights, the international community should continue to support women activists and NGOs and in the interest of sustainability help such NGOs gain financial independence by giving core, as well as project-based funding. If patchy implementation of the laws that protect and empower women raises doubts of Kabul's commitment, women are as much, if not more concerned about the efforts, with international backing, to broker peace with the Taliban. They have been sidelined in a process that will determine their future and that of their country. The role of female representatives in Kabul's High Peace Council (HPC) and Provincial Peace Councils (PPC) is largely limited to public outreach. It does not extend to talks with the insurgency. Given their exclusion and the opacity of the negotiations, there is reason for concern. The government and parliament may be tempted to backtrack on pro-women constitutional provisions and laws to assuage conservative powerbrokers within and outside the armed insurgency. Women activists and parliamentarians are not comforted by rhetoric from Kabul and the international community, including U.S. and EU assurances that any peace settlement would be based on respect for the constitution and women's rights. Agreement on protecting the rights of women must be a prerequisite rather than an elusive desired outcome of any reconciliation process. Details: Brussels: International Crisis Group, 2013. 48p. Source: Internet Resource: Asia Report No. 252: Accessed May 13, 2017 at: https://d2071andvip0wj.cloudfront.net/women-and-conflict-in-afghanistan.pdf Year: 2013 Country: Afghanistan URL: https://d2071andvip0wj.cloudfront.net/women-and-conflict-in-afghanistan.pdf Shelf Number: 131253 Keywords: Conflict-Related ViolenceGender-Based ViolenceHuman Rights AbusesViolence Against Women, Girls |
Author: Human Rights Watch Title: "I Still Need You": The Detention and Deportation of California Parents Summary: The need for human rights safeguards for detained immigrants in the United States is acute and growing as the Trump administration pursues policies likely to increase the number of people held in immigration detention and placed in deportation proceedings. "I Still Need You" uses government data obtained via a Freedom of Information Act (FOIA) to provide a better understanding of those detained and deported in California. The data cover nearly 300,000 federal detentions of immigrants in facilities in California over a four-and-a-half year span from 2011 to 2015. Over that period an average of about 65,000 immigrants a year were detained in California in 15 facilities. Many of the detainees were parents of US citizen children. Although the records for most of period do not specify whether detainees have US citizen children, the records for one nine-month span (October 2014 to June 2015) generally do, and statistical methods can reliably fill the gaps. Analyzing the records for that nine-month span, Human Rights Watch found that nearly half - 42 percent - of detainees had US citizen children, adding up to over 10,000 parents of US citizen children a year. Human Rights Watch calls on the state of California to approve two measures under consideration by the California state legislature that would address human rights abuses in immigration detention by reinforcing detention standards and providing lawyers at the state's expense for detained immigrants. Details: New York: HRW, 2017. 16p. Source: Internet Resource: Accessed May 16, 2017 at: https://www.hrw.org/sites/default/files/report_pdf/uscaliforniaimmigration0517_web_0.pdf Year: 2017 Country: United States URL: https://www.hrw.org/sites/default/files/report_pdf/uscaliforniaimmigration0517_web_0.pdf Shelf Number: 145480 Keywords: Children of Immigrants Human Rights AbusesIllegal Immigrants Immigrant Deportation Immigrant Detention |
Author: Amnesty International Title: Human Rights Defenders Under Threat: A Shrinking Space for Civil Society Summary: While the world's powerful are increasingly using toxic narratives of fear and division casting collective blame for social ills onto minority groups, those who dare to make a stand against injustice and defend human rights are under attack. This report is part of Amnesty International's Global Campaign: Brave, launched to combat measures by the powerful to threaten and attack HRDs and shrink the space in which civil society operates. It provides an overview of the dangers HRDs face and calls on those in power to take immediate measures to ensure that human rights defenders are recognized, protected and equipped to conduct their work without fear of attack in a safe environment. Details: London: AI, 2017. 46p. Source: Internet Resource: accessed May 17, 2017 at: https://www.amnesty.org/en/documents/act30/6011/2017/en/# Year: 2017 Country: International URL: https://www.amnesty.org/en/documents/act30/6011/2017/en/# Shelf Number: 145559 Keywords: Human Rights Abuses |
Author: Detention Watch Network Title: Expose and Close: Artesia Family Residential Center, New Mexico Summary: This report was developed through stories from women and children detained at the Artesia Family Residential Center, with the aid of their attorneys or advocates who visited the facility. We thank the countless pro bono attorneys who have traveled to Artesia at their own expense and have shared these stories with us. Even as DWN staff finalized this report, we continued to receive new allegations of abuse and due process violations. We have done our best to cover the many problems at Artesia, but this report is by no means comprehensive. Details: Washington, DC: Detention Watch Network, 2014. 13p. Source: Internet Resource: Accessed May 24, 2017 at: https://www.detentionwatchnetwork.org/sites/default/files/reports/DWN%20Expose%20and%20Close%20Artesia%20Report.pdf Year: 2014 Country: United States URL: https://www.detentionwatchnetwork.org/sites/default/files/reports/DWN%20Expose%20and%20Close%20Artesia%20Report.pdf Shelf Number: 145763 Keywords: Human Rights AbusesIllegal Immigrants Immigrant Detention Immigration Enforcement |
Author: FishWise Title: Trafficked: Human Rights Abuses in the Seafood Industry Summary: It is important for companies to focus on social responsibility in supply chains, especially human rights, in order to demonstrate a real commitment to people, planet, and profit. Documentation of human trafficking and forced labor in seafood supply chains has been growing with increasing media attention, nongovernmental organization (NGO) investigations, and government reports. Discussions of environmental sustainability within the seafood industry are now commonplace, but efforts to improve human rights in the industry are nascent and just beginning to gain the momentum necessary to catalyze real change. In the last five years, seafood companies have created sustainable seafood sourcing policies, and are now working to meet the commitments within them. Human and labor rights are often not incorporated into these policies for seafood, as the historical focus of such efforts has been on industries such as coffee, minerals, and textiles. The seafood industry is not free of these concerns however, and the time is ripe for companies to expand their sustainable seafood policies to address these issues. This is appropriate because environmental sustainability and human rights issues do not operate independently. Vessels and companies operating illegally often commit environmental and social crimes in tandem. Eliminating human rights abuses in seafood supply chains is not an easy task. Challenges include corruption, exemptions within international standards for fishing vessels, lack of transparency via the use of flags of convenience and transhipment, the globalized nature of the supply chain, lack of enforcement, incomplete traceability, and the prevalence of illegal fishing. Amidst these challenges there are also opportunities. Brand value, shareholder opinion, and corporate social responsibility can benefit from companies addressing this issue in an honest and transparent manner. After improvements have been made, companies can actively promote the associated success stories, such as social and fair trade compliance, engagement in fishery improvements, and support for entrepreneurial ventures in the developing world. An important step toward mitigating, and eventually eliminating these risks is to ensure comprehensive traceability systems are in place throughout the supply chain. Additionally, companies need to create policies to ensure specific attention is paid to address human rights in seafood supply chains. Conducting a risk assessment, seeking certification, and creating fishery improvement projects to address deficiencies can help companies improve and meet their commitments. Engaging with countries to ratify and implement relevant legislation, eliminating illegal fishing globally, and contributing financially to international efforts to aid victims of trafficking will also enable progress. Lastly, communicating success stories and transparent self-reporting will inform consumers and stakeholders of the problem and ensure they are aware of companies' progress towards eliminating modern slavery and illegal fishing. This white paper aims to: 1) serve as a resource for seafood businesses seeking to prevent and eliminate human rights abuses in their supply chains and 2) improve the knowledge base and coordination of NGOs and other groups working on human and labor rights within the industry. It provides an overview of human rights issues in seafood supply chains, and then explores how more than fifty international and regional government programs, certification systems, NGOs, companies, and industry groups are working on human and labor rights. Companies can review the recommended next steps in this report to address human rights within their own businesses Details: Santa Cruz, CA: FishWise, 2013. 55p. Source: Internet Resource: Accessed May 26, 2017 at: https://www.fishwise.org/images/pdfs/fishwise_human_rights_seafood_white_paper_nov_2013.pdf Year: 2013 Country: International URL: https://www.fishwise.org/images/pdfs/fishwise_human_rights_seafood_white_paper_nov_2013.pdf Shelf Number: 145801 Keywords: Fishing IndustryForced LaborHuman Rights AbusesMaritime CrimeModern SlaverySeafood IndustrySupply Chains |
Author: FishWise Title: Trafficked II: An Updated Summary of Human Rights Abuses in the Seafood Industry Summary: Media outlets are increasingly covering human rights abuses in seafood supply chains all over the world. Unfortunately, many seafood companies who have worked hard to create environmentally sustainable seafood sourcing policies remain unaware that human rights abuses are occurring, most likely in their own supply chains. These companies have made a commitment to provide their customers with environmentally sustainable seafood products, a commitment that could be undermined by these human rights abuses. Trafficking and forced labor, among other abuses, have been documented in several supply chains of popular seafood items in the United States. In such supply chains human rights abuses are not the only concern - often fishing interests that commit social crimes against their workers are also committing environmental crimes. The time has come for companies to take responsibility for both environmental sustainability and social aspects of their seafood supply chains. This can reduce the risk of negative attention as documented human rights abuses continue to grab headlines and also provide opportunities to improve brand value with consumers. This is the second release of a white paper that aims to serve as a resource for seafood businesses seeking to prevent and eliminate such human rights abuses. It provides an overview of both human rights issues in seafood supply chains and the major challenges to reform, including corruption, lack of transparency, lack of enforcement, and the prevalence of illegal fishing. It explores how more than fifty international and regional government programs, certification systems, NGOs, companies, and industry groups are working on human and labor rights. Companies can use the recommended steps in this report to address human rights in an honest and transparent manner. This report can also serve as a tool to help conservation NGOs and human rights experts join forces to improve human rights in the seafood industry. Human rights experts have traditionally focused their work on industries such as coffee, minerals and textiles and are not familiar with the seafood industry. Many ocean conservation groups lack this expertise, but have extensive knowledge of the seafood industry. This paper explores ways to connect these two important allies. This revised version includes: - An updated summary of media stories and reports on human rights abuses in seafood supply chains that have been released since November 2013. - The results of an online survey of the following stakeholder groups: NGOs, the seafood industry, and seafood consumers. - Additional groups working on human rights that could serve as resources on these issues. Details: Santa Cruz, CA: FishWise, 2014. 69p. Source: Internet Resource: Accessed May 26, 2017 at: https://www.fishwise.org/images/pdfs/Trafficked_II_FishWise_2014.pdf Year: 2014 Country: International URL: https://www.fishwise.org/images/pdfs/Trafficked_II_FishWise_2014.pdf Shelf Number: 145804 Keywords: Fishing Industry Forced Labor Human Rights AbusesMaritime CrimeModern SlaverySeafood IndustrySupply Chains |
Author: International Organization for Migration Title: Report on Human Trafficking, Forced Labour and Fisheries Crime in the Indonesian Fishing Industry Summary: In 2015 the mass rescue of foreign fishers trafficked for labour exploitation on Illegal, Unreported and Unregulated (IUU) fishing vessels in Benjina and Ambon highlighted the lack of adequate policing of the fishing industry and a lack of scrutiny of working conditions on vessels and in fish processing plants. The case highlighted the expansive nature of this transnational criminal venture. Victims were recruited from numerous countries and forced to work illegally within Indonesia. National laws and regulations were breached and international conventions ignored. Front companies were established and illegally caught fish transshipped in the Indonesian EEZ and boundary areas, thus preventing interception by the Indonesian authorities. Ultimately the catch entered the global supply chain and was handled by legitimate suppliers of fish, unaware of its provenance and the human toll behind the catch. The situation in Benjina and Ambon is symptomatic of a much broader and insidious trade in people, not only in the Indonesian and Thai fishing industries, but indeed globally. This research provides a glimpse into a far-reaching and well-entrenched criminal industry operating alongside the legitimate fishing industry, and often overlapping. The situation represents the spread of transnational organized crime at sea and the threat it poses as a maritime security threat to nations, and a human security threat to fishers, seafarers and fishing communities. Human Trafficking and Forced Labour in Indonesia fishing industry is characterized by: - systematic and highly organized deceptive recruitment and exploitation of fishers and seafarers from multiple source countries in South East Asia; witness testimony of murder and the unlawful disposal of corpses; - extreme cases of labour exploitation with fishers working in excess of 20 hours per day up to 7 days per week; and - a lack of awareness at the local level of human trafficking and forced labour and associated criminal activity. IUU fishing in Indonesia is characterized by: - overlapping Indonesian government legislation and regulations has created confusion over the responsibilities of key government bodies responsible for the oversight of worker recruitment, conditions, and monitoring of fishing companies, manning agencies, and fishing vessels; - collaboration of more than 2 people: double-flagged vessels are registered in two different countries. This act of forging the deletion certificate is done by at least the ship-owner, the backers and field actors; - suspected commission of serious criminal offences: illegal fishers violate numerous laws, from deactivating the transmitter, using prohibited and destructive fishing gear, illegal transshipment, forging vessel documents and the logbook; - foreign masters working illegally for indefinite periods of time: although there has been a national law prohibiting the use of foreign crews, there are still lots of foreign fishing masters working on board vessels undertaking lengthy voyages. This shows that there is considerable planning to conduct the crime; - the pursuit of profit and/or power: the very reason for fisheries crime is to gain more profit and financial benefits with the least minimum effort in regards to compliance and exploiting the corruptible tendencies of some high level authorities and politicians; - operating at an international level: illegal fishers operate in multiple countries, fish in various areas, fly flags of convenience and land their catch directly to another State, and sell the fish in the international market at high cost; and - using commercial or businesslike structures: most illegal fishing operations are managed using large companies, often established with foreign investment, have valid licences, yet they are violating laws and evading taxes. - That port authorities record the movements of vessels, particularly foreign affiliated vessels; - That port officials fisheries investigators be trained in identifying indicators of human trafficking , forced labour and IUU fishing; - Minimise overlapping regulation / authority between Government agencies; - That all deaths on board fishing vessels or in port are investigated and an autopsy performed; - That Flag States take more responsibility for the actions of IUU Fishing vessels flying under their flags; - Efforts to establish a global vessel record (registry) are supported; - Support increased inspections and accessibility to fishing vessels and remote fish processing plants; - Support an increased role for investigators (navy, marine police and fisheries) to conduct inspections of fishing vessels for evidence of trafficking and IUU fishing; - Conduct human rights due diligence and human rights audits on fishing companies before issuing licences; - Establish centres for fishers and seafarers at ports (centre for fishers to report abuse, injuries, deaths and seek protection); - Support multi-agency inspections and investigations at ports; - Introduce a multi traceability policy to prevent human rights violations and reduce IUU fishing; and - Increase and consumer awareness of human trafficking in the fishing industry. Details: Geneva, SWIT: IOM, 2016. 148p. Source: Internet Resource: Accessed May 26, 2017 at: https://www.iom.int/sites/default/files/country/docs/indonesia/Human-Trafficking-Forced-Labour-and-Fisheries-Crime-in-the-Indonesian-Fishing-Industry-IOM.pdf Year: 2016 Country: Indonesia URL: https://www.iom.int/sites/default/files/country/docs/indonesia/Human-Trafficking-Forced-Labour-and-Fisheries-Crime-in-the-Indonesian-Fishing-Industry-IOM.pdf Shelf Number: 145805 Keywords: Fishing IndustryForced LaborHuman Rights AbusesHuman TraffickingIllegal FishingMaritime CrimeModern SlaveryPort Security |
Author: Amnesty International Title: Turning People into Profits: Abusive Recruitment, Trafficking and Forced Labour of Nepali Migrant Workers Summary: In the absence of decent work opportunities at home, millions of Nepali citizens have turned to the global economy for employment. With more than 400,000 people leaving every year for jobs abroad, migration is a key source of income for the country. But although wages sent home by Nepali migrant workers make up almost a third of the country's GDP, a shockingly low proportion of the Nepal government's budget - less than one percent - is allocated annually to government departments mandated to protect the rights of labour migrants. Poor government oversight over the recruitment of Nepali workers for foreign employment have opened up countless possibilities for fraud, extortion, trafficking, and exploitation of people desperate for work. This report provides fresh evidence that despite recently-introduced government reforms, entrenched patterns of abuse of Nepali migrant workers remain unaddressed. During recruitment processes, local agents and recruitment agents in Nepal are still able to deceive and exploit migrants without significant fear of being caught or punished. New government policies meant to improve the protection of migrant workers' rights, and drastically reduce what recruitment businesses can charge workers, have not been adequately resourced, monitored, or enforced. Migrants remain at risk of crippling indebtedness, forced labour, and various forms of exploitation throughout the migration process. The report makes recommendations for the Government of Nepal, governments of destination countries and businesses to ensure that migrant workers are treated with respect and dignity, and that their migration experiences are not marked by deception, indebtedness and coercion. Details: London; AI, 2017. 88p. Source: Internet Resource: Accessed June 6, 2017 at: https://www.amnesty.org/en/documents/asa31/6206/2017/ne/ Year: 2017 Country: Nepal URL: https://www.amnesty.org/en/documents/asa31/6206/2017/ne/ Shelf Number: 145935 Keywords: Forced LaborHuman Rights AbusesHuman TraffickingMigrant WorkersMigration |
Author: Migrants On The Move Title: Human Smuggling - No victimless crime: Voices from those on the move Summary: In 2014, the Regional Mixed Migration Secretariat (RMMS) introduced a new data collection project named the Mixed Migration Monitoring Mechanism initiative, or 4Mi - an innovative, low-cost approach to collect and analyse data on mixed migration flows along major migration corridors out of the Horn of Africa. Through a network of monitors (enumerators) stationed at key migration hubs through which migrant smuggling and migrant movement occurs, 4Mi collects of wealth of primary information directly from migrants on the move. Monitors interview migrants (and smugglers) on a continuous basis, using a mobile-based survey application to collect in-depth information on the profiles of migrants, drivers of migration, journey conditions, protection risks, destination countries, and the role of smugglers. Monitors are located in hubs, from Norway to South Africa, while the project is expanding globally to cover other migration routes in West Africa, North Africa and Central and South Asia. Between the November 2014 and April 2017, the 4Mi East Africa and Yemen programme interviewed almost 3,500 migrants and over 150 smugglers, with the largest numbers interviewed in Egypt, South Africa, Djibouti, Uganda, Somalia, Kenya and Libya. While primarily designed to collect comparable data, using coded and quantifiable interview questions, the 4Mi monitors also collect qualitative statements from the migrants about their experiences along the journey on a continuous basis. Taken together, the almost 3,500 interviews so far (interviews are ongoing) provided a rich and revealing collection of 655 quotes from migrants on the move. So far, results from the 4Mi project have mostly been presented in the form of numbers and percentages. While useful and necessary to build up a more solid and evidence-based understanding of mixed migration, the individual stories might get lost and it is easy to forget that behind every single number, there is a human being, someone who decided to leave everything behind and take incredible risks, in order to escape the circumstances back home and to find a better life elsewhere. Putting aside the legal and policy discussions around the status of these people, whether these migrants have a right to asylum and residence in destination countries, what should happen to those whose asylum claims are rejected and whether some of these migrants have deliberately chosen to take all the risks of migration - knowing that in some cases they may have little chance to be allowed to stay in their chosen destination countries - ultimately, basic human rights are non-negotiable. The quotes that are presented in this paper speak to the extent to which these human rights are violated all along the route. Details: Nairobi,: The Regional Mixed Migration Secretariat (RMMS), 2017. 15p. Source: Internet Resource: RMMS Briefing Paper 4: Accessed June 24, 2017 at: http://regionalmms.org/images/briefing/Human%20Smuggling.pdf?platform=hootsuite Year: 2017 Country: Africa URL: http://regionalmms.org/images/briefing/Human%20Smuggling.pdf?platform=hootsuite Shelf Number: 146361 Keywords: Asylum Seekers Human Rights AbusesHuman Smuggling Human Trafficking Immigration Migrants |
Author: Casa Alianza Nicaragua Title: Street Children and Juvenile Justice in Nicaragua Summary: This paper is part of a two-year research and advocacy project examining the situation of the human rights abuses of street children in juvenile justice systems in six countries: Kenya, Nicaragua, Nigeria, Pakistan, the Philippines and Romania. The study used research and national, cross-sectoral workshops involving street children, civil society organisations, the police, judiciary, social and probation services and other stakeholders. This report provides a brief analysis of the situation of street children in Nicaragua, and the reasons for their arrival and prolonged existence on the streets. It examines the existing legal processes, terms and guarantees of national laws relating to juvenile justice in Nicaragua, primarily the Special Criminal Justice System for Adolescents, to identify the gaps and shortcomings that permit rights violations to occur. Street children and other actors from relevant institutions (police, judiciary, NGOs etc.) provide information on the actual experience of children in conflict with the law at all stages, from arrest through to trial, sentencing and detention. The report also details evidence of good practices regarding the treatment of street children subject to the justice system and suggests recommendations to improve the observance and respect of fundamental rights and national and international legislation. Recommendations to the government of the Republic of Nicaragua include: ensure the provision of humane treatment to children in provisional detention and that their innocence is continually presumed provide training for penitentiary staff on the correct and appropriate treatment of children the quality and quantity of food provided in both provisional and definite detention should be designed with children's particular needs in mind, and sufficient to ensure a basic, healthy diet and the preservation of good health Recommendations to the National Police include: all police personnel must be trained in human rights, the rights of children and adolescents, Special Criminal Justice for Adolescents and the Regulations for Administration of Justice for Adolescents Recommendations to the judiciary: necessary budget allocation should be made to the judiciary powers for creation of Adolescent Courts and their respective specialised teams that are still lacking in the rest of the country all judges should be trained on human rights and the rights of the child. Details: London: Consortium for Street Children, 2004. 53p. Source: Internet Resource: Accessed July 3, 2017 at; http://www.streetchildrenresources.org/resources/street-children-and-juvenile-justice-in-nicaragua/ Year: 2004 Country: Nicaragua URL: http://www.streetchildrenresources.org/resources/street-children-and-juvenile-justice-in-nicaragua/ Shelf Number: 130122 Keywords: Human Rights AbusesJuvenile Justice SystemsRights of the ChildStreet Children |
Author: Myrtle, John Title: Addressing the Role of Police in the Protection of Human Rights: the UN Seminar, Canberra, 1963 Summary: Introduction On 12 May 1963, Australia's leading scholar of jurisprudence and international law, Professor Julius Stone of the University of Sydney's Law School, delivered a broadcast on ABC Radio, 'Australia looks to the world: the police and the people'. His comments were occasioned by his recent attendance at the United Nations Seminar on the Role of the Police in the Protection of Human Rights, held in Canberra. Stone had attended the Seminar as an observer representing the International League for the Rights of Man. Stone asked rhetorically why an international meeting dealing with issues such as police arrests, wiretapping, police interrogation of suspects and universal fingerprinting was related in any way to the United Nations and international affairs. He answered in two ways. At one level there was a need to address gross violations of human rights which had grave international repercussions. He cited egregious provisions of the South African Government's apartheid legislation; and the brutality of police in Alabama in dealing with black Americans demonstrating for recognition of their human rights. From another perspective, in the 20th century the importance of human rights of men and women had been the focus of international laws and treaties. These were the contexts for the 1963 UN Seminar. The Universal Declaration of Human Rights was approved at the United Nations General Assembly in 1948. The Declaration has become a symbol of that organisation's aspirations. Its enactment into binding institutional and governing norms has been a prolonged process, and continues. For one recent historian of human rights in the post-war world, the first two decades of the United Nation's life were a record of failure. It was not the United Nations, argues Samuel Moyn, but the social movements emerging from the disillusion of the Cold War years, that enlivened human rights as a contemporary political agenda. Yet these were also years in which the organisation institutionalised a commitment to advancing human rights when it established a Division dedicated to the issue. The 50th anniversary of the Canberra UN Seminar on the Role of the Police in the Protection of Human Rights offers a compelling opportunity to reconsider the emergence of human rights as a norm shaping criminal justice principles and practice since the Second World War. The event was unprecedented and its agenda potentially explosive. The institutional and political constraints on the advancement of the human rights agenda in such a forum nevertheless proved formidable. Looking back from 2013 we have the advantage of hindsight in appraising this unusual event. We also face the challenge of understanding its limitations. In the account that follows we consider the hopes that were held for the UN Seminar, the course of its deliberations, and observe the scope of debate around its outcomes at that time. Details: Brisbane : ARC Centre of Excellence in Policing and Security, 2013. 28p. Source: Internet Resource: Accessed August 2, 2017 at: http://apo.org.au/node/35805 Year: 2013 Country: Australia URL: http://apo.org.au/node/35805 Shelf Number: 130024 Keywords: Human RightsHuman Rights AbusesPolice BehaviorPolice Policies and PracticesPolicing |
Author: Ackermann, Marilize Title: Survey of Detention Visiting Mechanisms in Africa Summary: People held in places of detention are at risk of suffering violations of human rights because they are usually detained out of sight and their well-being is not prioritised by states. Domestic and international laws prescribe the procedures through which and conditions under which people may be held in detention. The function of detention oversight institutions is to ensure that state institutions comply with these human rights laws and are held accountable for any non-compliance. In most democracies which embrace the separation of powers, Parliament exercises oversight over the implementation of laws. Ministers and Cabinet are collectively answerable to Parliament for the implementation of and adherence to laws, primarily through the mechanisms of public reports made available to Parliament and the answering of Parliamentary questions, which may lead to the removal from office of ministers or state officials. Because of the particular risks posed by places of detention, traditional Parliamentary oversight has been supplemented by additional institutions exercising detention oversight employing a variety of oversight mechanisms. Some of these have arisen from international law while others are established by domestic laws. Two supra-national international oversight institutions have arisen though the United Nations Convention Against Torture (UNCAT) and the Optional Protocol to the UN Convention against Torture (OPCAT): - UNCAT creates the Committee against Torture (CAT), which monitors implementation of UNCAT through four mechanisms: the submission of regular reports by state parties; the considering of individual complaints or communications from individuals claiming that their rights under the Convention have been violated the undertaking of inquiries; and the considering of inter-state complaints. - OPCAT creates the Subcommittee on Prevention of Torture (SPT), which has a mandate to visit places where persons are deprived of their liberty in the states which are party to OPCAT. In addition, OPCAT requires that states that are party to OPCAT designate or establish an independent "national preventive mechanism" (NPM) for the prevention of torture at domestic level. NPMs need not consist of a single institution, but must have the mandate to inspect places of detention, monitor the treatment of and conditions for detainees and make recommendations regarding the prevention of ill-treatment. NPMs must also publish an annual report. African states which are party to OPCAT have designated existing National Human Rights Institutions (NHRIs) as their (NPM). The term "National Human Rights Institution" refers to independent state-funded institutions which promote and monitor the effective implementation of international human rights standards at national level and which comply with the Paris Principles. The Paris Principles do not explicitly require NHRIs to have a mandate to visit places of detention; however designation of an NHRI as a state's NPM would require the NHRI to have such a mandate. Regionally, a supra-national oversight institution in the form of the Special Rapporteur on Prisons and Conditions of Detention in Africa has arisen. It has the mandate to visit places of detention. The Committee for the Prevention of Torture in Africa, another regional body, is not strictly an oversight institution but seeks to support the development of national institutions. At national level, there exist detention oversight institutions specifically mandated to oversee places of detention, such as South Africa's Judicial Inspectorate of Correctional Services. There also exist rights institutions which have broad mandates, such NHRIs and Public Protectors (or Ombudspersons), whose mandates nevertheless may include responsibility for exerting oversight over places of detention. Broader mandates still, such as those of Parliament and the judiciary, may also include obligations to exert oversight over detention. All of these institutions may employ a range of mechanisms in carrying out detention oversight. Monitoring of places of detention through visits is one of the most important methods employed by oversight institutions or institutions which have oversight functions. Other methods may include compulsory reporting systems (for example, on deaths or punishments in custody), and complaints receiving systems. Associated oversight powers accorded to oversight institutions may include the power to make public reports and to: conduct investigations, make recommendations, impose disciplinary proceedings, and refer cases of abuse for prosecution. The extent to which oversight institutions are independent of the state and of the institutions over which they seek to exert oversight varies, as do the mechanisms of oversight and accountability with which they are empowered. This report seeks to describe selected oversight institutions and the oversight mechanisms they have adopted in Africa, in order to better understand detention oversight in Africa. This report also seeks to survey what monitoring and oversight have uncovered regarding conditions of detention in Africa. Details: South Africa: Civil Society Prison Reform Initiative, Community Law Centre, 2013. 52p. Source: Internet Resource: Accessed August 4, 2017 at: http://acjr.org.za/resource-centre/survey-of-detention-visiting-mechanisms-in-africa Year: 2013 Country: Africa URL: http://acjr.org.za/resource-centre/survey-of-detention-visiting-mechanisms-in-africa Shelf Number: 146695 Keywords: Detention CentersHuman Rights AbusesPretrial DetentionPreventive DetentionPrison Visitation |
Author: Amnesty International Title: 'Prisoners Are Bottom of the Pile': The Human Rights of Inmates in Ghana Summary: Prisons in Ghana are failing to meet international standards. remand or unconvicted prisoners can spend years awaiting trial and may be held in conditions that amount to cruel, inhuman or degrading treatment. both unconvicted and convicted male prisoners experience unacceptably high levels of overcrowding in the neglected and run-down prison system. some cells are so overcrowded that when sleeping, inmates are packed tightly together and cover the entire floor space. food supplies to prisoners have been grossly inadequate. although the authorities acknowledge this, immediate implementation of increased rations is necessary. access to health care is also far below acceptable standards. the Ghanaian prison regime offers limited access to education and training for inmates. Yet even these meagre opportunities are not available to remand or unconvicted prisoners or those held under sentence of death - a penalty that Amnesty International opposes in all cases. this report, based on prison visits, interviews and other research, documents prison conditions in Ghana and calls for urgently needed reform. Details: London: AI, 2012. 54p. Source: Internet Resource: Accessed August 4, 2017 at: https://www.amnesty.org/en/documents/afr28/002/2012/en/ Year: 2012 Country: Ghana URL: https://www.amnesty.org/en/documents/afr28/002/2012/en/ Shelf Number: 146697 Keywords: Human Rights AbusesInmates Prison Conditions Prisoners Prisons |
Author: Sokwanele Title: "I Can Arrest You": The Zimbabwe Republic Police and Your Rights Summary: The swearing in of Zimbabwe's coalition government on February 11, 2009 took place five months after the signing of the power-sharing agreement and almost a year after the flawed and violence-ridden 2008 elections. In his inauguration speech, the new Prime Minister, Morgan Tsvangirai, said that the "culture of entitlement and impunity ... must end." Two years later, in their report of March 2011, titled: "Perpetual Fear - Impunity and Cycles of Violence in Zimbabwe", Human Rights Watch (HRW) wrote that human rights abuses and restoration of the Rule of Law, politically motivated violence and the lack of accountability for abuses remained a serious problem. HRW warned that members of the security forces, ZANU-PF and groups allied to ZANU-PF continued to commit human rights violations, including arbitrary arrests and abductions, beatings, torture and killings of members and supporters of the former opposition party, the Movement for Democratic Change (MDC), and those critical of the ZANU-PF and its officials. Today in Zimbabwe, more than three years into the shaky and widely discredited power-sharing arrangement, arrests are escalating, corruption is rampant, human rights violations are rising once more and the Rule of Law has not been restored. All indicators are there to alert Zimbabweans, the Southern African Development Community (SADC) and the international community that an increasingly desperate and unpopular ZANU-PF is gearing up for the next election. This report focuses on the risk of arrest at the hands of the partisan Zimbabwe Republic Police (ZRP) under the command of Commissioner-General Augustine Chihuri, who has publicly acknowledged his allegiance to ZANU-PF. Chihuri has served as police head since 1993 and his contract has been renewed by President Mugabe 13 times since 1997. Chihuri is a member of Joint Operations Command (JOC), the junta which continues to control Zimbabwe. In a country where the Rule of Law is no longer operational and the security forces operate with impunity, every citizen is vulnerable. A chance remark in a taxi, at a pub or even at a funeral could lead to arrest and possible incarceration in one of the country's disgracefully maintained jails. Those who stand up for their rights and join demonstrations or canvass for political parties other than ZANU-PF face possible arrest, severe beatings and torture in custody. Bribery and corruption have become rampant. In a survey published by Transparency International in 2011, Zimbabwe ranked 154 out of 182 countries in terms of its level of corruption. The ZRP topped the list as the most corrupt institution and stood out as the biggest recipient of bribes among service providers. The proliferation of roadblocks across Zimbabwe's appallingly maintained road network has lead to growing frustration among road users due to the inevitable delays and the demands for bribes from increasingly brazen police officers. Although one of the most important roles of a roadblock should be to reduce the number of vehicle accidents, their contribution is seen as questionable - and rather as a money-making racket both for the police force per se and also for individual self-enrichment. The controversy surrounding the roadblocks extends beyond bribery and corruption to their more sinister roles during elections: their use as a mechanism for blocking food aid to opposition strongholds, for stopping people injured in election violence from seeking medical help and to prevent opposition officials and activists from canvassing or holding rallies. After explaining the legitimate roles of roadblocks, the report gives advice to citizens on their legal rights and provides recommendations on how to deal with police harassment and implicit or overt requests for bribes. In a section describing corruption within the ZRP as "endemic", the report provides examples in a range that includes plundering stolen properties, collusion with bag snatchers, extorting bribes from taxi drivers, demanding bribes at roadblocks, protection rackets, perverting the ends of justice, setting up diamond syndicates and murdering illegal or unlicenced miners for financial gain. Judges have also criticised police investigations of cases where vital information given to the police by State witnesses has been omitted from formal witness statements produced in court in favour of the defence. Furthermore, ZANU-PF members who have murdered MDC supporters have been freed on bail and remain at liberty. The evidence of good policing is the absence of crime. It must be subject to the Rule of Law, rather than the wishes of a powerful leader or party. It can intervene in the life of citizens only under limited and carefully controlled circumstances - and it is publicly accountable. The report explains the differences between civil policing and political policing. It also defines secret policing, where an authoritarian regime uses the police as an agent of political oppression. Citizens within a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views - which are subject to police monitoring or enforcement. The police force of Zimbabwe, the Zimbabwe Republic Police (ZRP), was created by Chapter IX of the (Independence) Constitution of 1979, signed at the Lancaster House Conference. It is governed by the Constitution of Zimbabwe - which has been amended 19 times over the past 33 years - and by the Police Act. The current head of the ZRP, Commissioner-General Augustine Chihuri, has served as police head since 1993 and has had his contract renewed by President Mugabe 13 times since 1997. The ZRP is bound by many international human rights standards. It is also a member of SARPCCO, a regional professional association which is committed to disseminating best practices and raising the standard of policing, including the respect for human rights. Not only is the ZRP guilty of perpetrating gross human rights, with many of the victims being opposition activists and supporters, but it is also guilty of abusing its own members. Zimbabweans and the international community were shocked in June 2009 when a secretly filmed two-minute video on You-Tube showed ZRP recruits being beaten while undergoing 'training' in Harare. Each recruit was forced to lie down and was then beaten by 'trainers' with batons, some more viciously than others, a process reportedly referred to as 'pay day'. The concept of "The Rule of Law", and the differences between "The Rule of Law" and "Rule by Law" are explained, with reference to the Constitution - and to people's rights according to the Constitution. The conclusion warns the ZRP that it faces millions of US dollars worth of law suits from political activists and human rights defenders who are claiming compensation for torture, wrongful arrest or abduction. Furthermore, a South African High Court ruled on May 8, 2012 that the South African authorities must investigate Zimbabwean officials who are accused of involvement in torture and crimes against humanity in Zimbabwe. Details: Zimbabwe: Sokwanele, 2012. 42p. Source: Internet Resource: Accessed August 4, 2017 at: http://acjr.org.za/resource-centre/Sokwanele-report-i-can-arrest-you.pdf Year: 2012 Country: Zimbabwe URL: http://acjr.org.za/resource-centre/Sokwanele-report-i-can-arrest-you.pdf Shelf Number: 146699 Keywords: Human Rights AbusesPolice BehaviorPolice BrutalityPolice CorruptionPolicing |
Author: Amnesty International Title: Killing at Will: Extrajudicial Executions and other unlawful killings by the police in Nigeria Summary: Hundreds of people are unlawfully killed by the police in Nigeria every year. Some people die because they fail to pay police officers a bribe. Others are killed because the police use excessive force during arrest. Some are simply in the wrong place at the wrong time. Many of the victims are killed by police officers in extrajudicial executions. Once in custody and away from the public eye, some people are tortured to death in police stations; others disappear in custody. The police often claim that the victims were armed robbers or that they attempted to escape custody. Such claims are rarely challenged and very few of those who unlawfully kill are brought to justice. Inadequate legislation, failure to investigate and prosecute, and a widespread disregard for human rights and due process within the police force have bred a culture of impunity. Victims' families are left with no remedy and no justice. Most likely to be poor, the families cannot afford legal counsel. Those who complain are ignored; those who persist are harassed. The Nigerian government must act immediately to end all unlawful killings, brings perpetrators to justice and ensure that victims' families receive adequate reparation. Details: London: AI, 2009. 64p. Source: Internet Resource: Accessed August 4, 2017 at: https://www.amnesty.org/en/documents/AFR44/038/2009/en/ Year: 2009 Country: Nigeria URL: https://www.amnesty.org/en/documents/AFR44/038/2009/en/ Shelf Number: 146701 Keywords: Deadly Force Extrajudicial Executions Human Rights AbusesPolice Brutality Police Use of Force |
Author: Muntingh, Lukas Title: Understanding impunity in the South African law enforcement agencies Summary: This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional Services (DCS). While the legislative framework presents no major obstacles to holding state officials accountable for gross rights violations, it remains a rare event that officials are prosecuted and convicted for assault, torture and actions resulting in the death of criminal suspects and prisoners. The paper argues that the reasons for prevailing impunity in respect of rights violations perpetrated by state officials are found across a broad spectrum. These relate firstly to South Africa's historical development and in particular the security forces inherited by the Government of National Unity (GNU) in 1994. The failure by the National Prosecuting Authority (NPA) to prosecute apartheid-era perpetrators of rights violations following the Truth and Reconciliation Commission (TRC) set a particular benchmark that left victims frustrated and, more importantly, a prosecutorial approach tolerant of rights violations. Important legal and policy developments in the police and prison system faltered in material ways and this further undermined accountability. Post-1994 governments' response to or lack thereof, in respect of obligations under international human rights law and treaty monitoring bodies left much to be desired, thus further strengthening a perception that the state is not accountable. At the functional level it is argued that the state has failed to regard the high incidence of rights violations as a systemic problem and rather opted to focus on managing the media fall-out when high profile violations surface. The manner in which the NPA has dealt with rights violations perpetrated by law enforcement officials clearly indicate that it is reluctant to prosecute, but it has also not been called to account for this trend and explain the reasons why recommendations by oversight structures to prosecute are in the overwhelming majority of cases not followed. Impunity is also enabled by the erratic enforcement of the internal disciplinary codes in SAPS and DCS. Statistics show great variation from year to year, indicative that managers in these two departments do not enforcement discipline in a consistent manner. With reference to designated oversight structures, it is observed that recommendations to these two departments are seldom followed. This is particularly the case with SAPS and the Independent Complaints Directorate (ICD). Civil litigation against the two departments in respect of rights violations result in substantial costs to the tax payer, yet the two departments have not regarded this as the result of systemic problems and opted to contest these claims individually. As a result of de facto impunity, law enforcement is increasingly suffering from a legitimacy crisis and public confidence in these institutions are probably at all-time low. To address impunity it is required that transparency and accountability be strengthened to ensure that the transformative ideals of the Constitution are realised. Details: South Africa: Civil Society Prison Reform Initiative (CSPRI) c/o Community Law Centre, 2013. 59p. Source: Internet Resource: Accessed August 4, 2017 at: http://acjr.org.za/resource-centre/understanding-impunity-in-the-south-african-law-enforcement-agencies Year: 2013 Country: South Africa URL: http://acjr.org.za/resource-centre/understanding-impunity-in-the-south-african-law-enforcement-agencies Shelf Number: 146703 Keywords: Corrections OfficersHuman Rights AbusesLaw EnforcementPolice AccountabilityPolicingPrison GuardsPrisons |
Author: Amnesty International Title: Rwanda: Shrouded in Secrecy: Illegal Detention and Torture by Military Intelligence Summary: dozens of people in Rwanda suspected of threatening national security have been held in a network of secret detention centres around the country run by the military. in these camps, detainees were unlawfully held and were at risk of torture and other ill-treatment. some are still held in secret detention. Reports of enforced disappearances, torture and other ill-treatment by Rwandan military intelligence began to emerge in march 2010 as part of investigations into grenade attacks in Rwanda and other perceived security threats in the run-up to the august 2010 presidential elections. individuals were arrested, often arbitrarily, by military believed to be acting in collaboration with the police. almost all of them were men aged between 20 and 45, mostly civilians including demobilized military. others were members of the Rwandan army or individuals suspected by the Rwandan authorities of belonging to the democratic Forces for the liberation of Rwanda, an armed opposition group based in eastern democratic Republic of the Congo. For the families of those arrested they had effectively disappeared, held incommunicado and hidden from view. this report is based on information gathered over two years during several visits to Rwanda. it documents more than 45 cases of unlawful detention and 18 allegations of torture or other ill-treatment by Rwandan military intelligence in 2010 and 2011. the actual numbers are believed to be far higher and some individuals who had disappeared are still in secret detention. without the safeguards applied in official places of detention there are serious concerns for these detainees, and amnesty international is urging the government to immediately end this practice of unlawful detention, disclose the fate or whereabouts of those subjected to enforced disappearance, investigate the torture allegations and bring those responsible for these human rights violations to justice. Details: London: AI, 2012. 46p. Source: Internet Resource: Accessed August 4, 2017 at: https://www.amnesty.org/en/documents/AFR47/004/2012/en/ Year: 2012 Country: Rwanda URL: https://www.amnesty.org/en/documents/AFR47/004/2012/en/ Shelf Number: 146704 Keywords: Detention Human Rights AbusesMilitary Prisoners Torture |
Author: Amnesty International Title: Caught in a Web of Repression: Iran's Human Rights Defenders Under Attack Summary: The Iranian authorities are intensifying their crackdown against human rights defenders, who have already been working under suffocating levels of repression. Human rights defenders are routinely portrayed in official statements and court verdicts as "criminals" and "foreign agents" bent on harming national security. Since 2013, dozens of human rights defenders have been imprisoned on spurious national security-related charges based solely on their peaceful human rights activities. Many others have faced surveillance, interrogations and drawn-out prosecutions, coercing them into silence. Amnesty International urges the Iranian authorities to release all imprisoned human rights defenders immediately and unconditionally, and to create a safe and enabling environment in which defenders can defend and promote human rights without fear of reprisals. Details: London: AI, 2017. 94p. Source: Internet Resource: accessed August 4, 2017 at: https://www.amnesty.org/en/documents/mde13/6446/2017/en/ Year: 2017 Country: Iran URL: https://www.amnesty.org/en/documents/mde13/6446/2017/en/ Shelf Number: 146723 Keywords: Human Rights Abuses |
Author: Verite Title: Risk Analysis of Labor Violations Among Farmworkers in the Guatemalan Sugar Sector: A Summary Report on Findings from Rapid Appraisal Research Summary: Guatemala plays a major role in the global sugar trade, as the world's fourth largest sugar exporter and the third leading exporter of sugar to the United States in 2015. Verite chose to carry out rapid appraisal research on labor conditions on Guatemalan sugarcane plantations due to Guatemala's important role in the global sugar trade and indications that workers employed on sugarcane plantations were vulnerable to exploitation. Past studies on labor conditions among Guatemalan and Central American agricultural workers, as well as Verite's past research in the Guatemalan coffee and palm oil sectors, indicated a high risk of labor violations. Rapid appraisal research was carried out by Verite and REACH (Research-Education Action-Change) on labor conditions in Guatemalan sugarcane production in late 2016. Researchers conducted a literature review, expert consultations, unstructured life story interviews with three workers, and in-depth survey interviews with 38 workers who performed a range of tasks on sugar plantations, including harvesting sugarcane. Verite's research builds from several earlier reports examining working conditions in the Guatemalan sugar industry and uses it to contextualize Verite's more recent findings. Researchers did not scientifically sample respondents, and thus the results of the study are not statistically representative and are not meant to be interpreted as such. However, using qualitative research methods, the researchers have been able to portray a rich description of the experiences of a group of Guatemalan sugarcane workers, some of whom endured highly concerning labor abuses. Verite's triangulation of these findings through review of relevant literature and interviews with local experts suggests that the experiences of workers interviewed were not isolated or unusual, but reflective of systemic issues within the industry. Additional in-depth research would be required to document the prevalence of the labor abuses found here in a more precise and conclusive manner. Verite found indicators of labor trafficking and evidence of recruitment abuses, child labor, restrictions on workers' right to freedom of association, gender-based discrimination, wage and hour violations, threats to workers' health and safety, inhumane living conditions, and negative impacts on communities surrounding sugar plantations. Issues uncovered by Verite that were especially concerning and had not been specifically analyzed by prior research included exploitative recruitment and hiring practices, indicators of labor trafficking, and severe health and safety violations. Verite research has consistently found that being hired through labor brokers increases workers' vulnerability to a range of labor abuses. Most of the workers interviewed by Verite for this study had been hired by labor brokers, none of whom showed their recruits a power of attorney letter, as required by law. Verite research found that workers hired through brokers were often charged recruitment fees and wage deductions, potentially heightening their vulnerability to debt bondage, and were deceived both about their terms of employment, in some cases even about the sector in which they would be working. Furthermore, researchers found that workers were not provided with written contracts or other documents detailing the terms of their employment, making them vulnerable to deception and changes in their conditions of work. Research on human trafficking was guided by the International Labor Organization's (ILO's) operational indicators of trafficking for labor exploitation, which are broken down into indicators of deceptive recruitment, coercive recruitment, recruitment by abuse of vulnerability, exploitation, and coercion at destination. Verite found evidence of the existence of many indicators of forced labor including the recruitment-related issues mentioned above, many of which are also indicators of trafficking. Other major trafficking-related risks identified by Verite included forced overtime, due in large part to quotas and a productivity-based payment system; restrictions on workers' freedom of movement, including through the retention of identity documents; indebtedness to labor brokers and company stores; and evidence of induced addiction to drugs, including opioids. Sugarcane production, by its nature, puts workers at risk, often requiring physically demanding labor with machetes and long hours of exposure to high temperatures, agrochemicals, and smoke from burning cane fields. Workers are vulnerable to heat exhaustion and dehydration, as well as workplace injuries and chronic kidney disease (CKD), an often fatal and poorly understood illness common among cane cutters. Findings that are of specific concern were serious injuries and pesticide exposure; a lack of access to potable water, breaks, and shade, which, combined with other factors are believed to cause CKD; and a lack of access to health care. Many workers interviewed reported that children worked on sugar plantations and often carried out hazardous tasks, such as applying pesticides and using machetes to harvest sugarcane. Workers reported that payment violations are common, including payments far below the minimum wage and gender-based wage discrimination. Researchers found that many workers lacked access to sufficient food and potable water in employer provided housing. Workers also lacked access to grievance mechanisms allowing them to report labor abuses and seek redress. Details: Amherst, MA: Verite, 2017. 13op. Source: Internet Resource: Accessed August 7, 2017 at: https://www.verite.org/wp-content/uploads/2017/07/Verite_Guatemala_Sugar_Report_July_2017.pdf Year: 2017 Country: Guatemala URL: https://www.verite.org/wp-content/uploads/2017/07/Verite_Guatemala_Sugar_Report_July_2017.pdf Shelf Number: 146756 Keywords: Forced LaborHuman Rights AbusesHuman TraffickingLabor ConditionsSugar Industry |
Author: Human Rights Watch Title: Abusive System: Failures of Criminal Justice in Gaza Summary: Abusive System: Failures of Criminal Justice in Gaza highlights serious human rights violations by Hamas security services in the Gaza Strip and the failure of the criminal justice system to protect detainees from arbitrary arrest and torture or to punish those responsible for severe abuses. The report is based on interviews with victims and relatives of victims of abuses as well as lawyers and judges, and reviews of case files and court verdicts that included evidence of rights violations. The report documents that Hamas's Internal Security service and civil police have frequently subjected Palestinians to arbitrary arrest, incommunicado detention, and torture. Prosecutors and judges have ignored detainees' due process rights in such cases. With few exceptions, security services have enjoyed impunity from Hamas authorities and the courts for such abuses. The report's case studies show that victims of serious abuses include not only members of Hamas's political rival, Fatah, but also persons suspected of common crimes and detained by civil police. In the light of evidence that the Hamas authorities have executed men whom courts had convicted in part on the basis of confessions secured through torture, Abusive System calls on Hamas to immediately impose a moratorium on the death penalty. Hamas should urgently reform the criminal justice system to end warrantless arrests, ensure that detainees have prompt access to lawyers, end prosecutions of civilians in military courts, and hold accountable security officials who commit violations. Details: New York: HRW, 2012. 53p. Source: Internet Resource: Accessed August 8, 2017 at: https://www.hrw.org/sites/default/files/reports/iopt1012ForUpload_0.pdf Year: 2012 Country: Palestine URL: https://www.hrw.org/sites/default/files/reports/iopt1012ForUpload_0.pdf Shelf Number: 129669 Keywords: Death PenaltyHuman Rights AbusesTorture |
Author: Gruberg, Sharita Title: Dignity Denied: LGBT Immigrants in U.S. Immigration Detention Summary: As Congress debates immigration reform, a common refrain from congressional Republicans is the call for increased border security and increased resources for enforcement of immigration laws. While it is in the interest of national sovereignty and security to track those who come into and leave the United States, we cannot permit enforcement of immigration laws to trample immigrants' basic human rights. We must ensure that immigration enforcement is conducted in a humane manner that respects human dignity. Unfortunately, the current immigration enforcement system falls short of this goal, particularly in regard to the treatment of lesbian, gay, bisexual, and transgender, or LGBT, immigrants. While the Department of Homeland Security, or DHS, does not keep data on the sexual orientation or gender identity of people in its custody, reports of treatment of LGBT detainees obtained through Freedom of Information Act, or FOIA, requests and through complaints filed by immigrant rights groups reveal that much like in the general prison population - where LGBT inmates are 15 times more likely to be sexually assaulted than the general population -LGBT immigrants in immigration detention facilities face an increased risk of abuse in detention. The U.N. Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment went as far as finding the treatment of LGBT immigrants in U.S. detention facilities in violation of the Convention Against Torture after it received information on gay and transgender individuals who had been subjected to solitary confinement, torture, and ill-treatment - including sexual assault - while detained in U.S. immigration facilities. This report will examine the mistreatment LGBT immigrants face in immigration detention; the steps that Immigration and Customs Enforcement, or ICE, has taken in an attempt to address these issues; the impact that legislation pending before Congress would have on immigration enforcement; and recommendations for how to ensure enforcement of immigration laws is conducted in a manner that is effective and humane. Details: Washington, DC: Center for American Progress, 2013. 28p. Source: Internet Resource: accessed August 25, 2017 at: https://www.americanprogress.org/wp-content/uploads/2013/11/ImmigrationEnforcement.pdf Year: 2013 Country: United States URL: https://www.americanprogress.org/wp-content/uploads/2013/11/ImmigrationEnforcement.pdf Shelf Number: 131703 Keywords: Human Rights AbusesImmigrant DetentionImmigration DetentionImmigration EnforcementImmigration PolicyLGBT Individuals |
Author: FIDH Title: Discrimination, Torture, and Execution: A Human Rights Analysis of the Death Penalty In California and Louisiana Summary: In May 2013, the Center for Constitutional Rights and the International Federation for Human Rights (FIDH) undertook a fact-finding mission in California and Louisiana to evaluate the death penalty as practiced and experienced in these jurisdictions under a human rights framework. The mission examined whether the death penalty was being applied in a discriminatory manner, and if the conditions on death row met the U.S.'s obligation to prevent and prohibit torture and cruel, inhuman or degrading treatment. The mission interviewed death-row prisoners, exonerees and their family members, advocates, legal counsel, and non-governmental organizations in both states, analyzing the information gathered against the backdrop of international human rights law. Based on the interviews conducted and documentary review, the mission concludes that the use of the death penalty in California and Louisiana fails to protect a number of basic rights, rendering the United States in breach of certain fundamental international obligations. Specifically, the mission finds California and Louisiana violate the principle of non-discrimination in the charging, conviction and sentencing of persons to death. Both states treat prisoners condemned to death in a manner that is, at minimum, cruel, inhuman or degrading, and in some cases, constitutes torture. Details: New York: FIDH and Center for Constitutionial Right, 2013. 88p. Source: Internet Resource: Accessed September 28, 2017 at: https://www.fidh.org/IMG/pdf/report-death-penalty-us-2013.pdf Year: 2013 Country: United States URL: https://www.fidh.org/IMG/pdf/report-death-penalty-us-2013.pdf Shelf Number: 131396 Keywords: Capital PunishmentDeath PenaltyHuman Rights Abuses |
Author: Inter-American Commission on Human Rights Title: Measures to Reduce Pretrial Detention Summary: For the last two decades, the Inter-American Commission on Human Rights (hereinafter "the IACHR" or "the Commission") has noted that the arbitrary and illegal application of pretrial detention is a chronic problem in the region. The IACHR recalls that for this regime to be compatible with international standards, pretrial detention must be based on consideration of the right to the presumption of innocence and must take into account the exceptional nature of this measure; moreover, it should be applied in keeping with the criteria of legality, necessity, and proportionality. The deprivation of liberty of the person accused should have a procedural aspect, and, accordingly, can only be based on its legitimate aims, namely to ensure that the accused will not obstruct the development of the procedure or elude the action of justice. Similarly, the IACHR recalls that the provisions that exclude the possibility of noncustodial measures in light of the seriousness of the act or the expected sentence are contrary to the applicable standards. 2. In its Report on the Use of Pretrial Detention in the Americas, issued December 30, 2013, the IACHR concluded that the non-exceptional use of pretrial detention is one of the most serious and widespread problems faced by the member States of the Organization of American States (OAS) when it comes to respecting and ensuring the rights of persons deprived of liberty. The excessive use of pretrial detention is one of the clearest signs of the failure of the administration of justice and constitutes an unacceptable structural problem in a democratic society that respects the right of every person to the presumption of innocence. In that report, the Commission incorporated a series of recommendations to the States legislative, administrative, and judicial - to make the use of pretrial detention as a precautionary criminal justice measure compatible with their international obligations in respect of human rights. 3. The purpose of this study is to follow up on the 2013 report on pretrial detention by analyzing the main gains and challenges regarding the use of this measure by the States. The recommendations with respect to which the IACHR will focus on in its follow-up were selected based on considering that the efforts made to carry them out reflect with greater clarity the accomplishments and difficulties that have arisen in the use of pretrial detention in the region. In addition, the IACHR considers that analyzing the follow-up to these recommendations is most useful for the States to better understand the matter, and, therefore, for them to have an additional instrument for adopting state policies aimed at reducing pretrial detention in the Americas. In particular, the recommendations examined in this follow-up report address the following: (a) general measures regarding state policies; (b) eradicating pretrial detention as an anticipated penalty or a tool for social control; (c) public defender services; (d) the use of alternatives to pretrial detention; and (e) celerity in the procedures and correcting the procedural delay. Considering that the IACHR's first report on pretrial attention was issued on December 30, 2013, the period covered in this analysis runs from January 2014 to April 2017. 4. This report also provides more detailed standards with respect to the adoption of specific measures that seek to reduce the use of pretrial detention in keeping with the relevant international standards, such as periodic review of the pretrial detention regime; actions to guarantee that hearings are held; hearings in prisons; oral hearings on the admissibility of pretrial detention a; use of alternatives to pretrial detention; electronic monitoring mechanisms for criminal matters; restoratives justice programs in criminal matters; and drug courts. The IACHR notes that this study places emphasis on applying alternative measures, which are procedural measures or options that allow the accused to be free while the criminal trial is ongoing. The report notes the need to incorporate a gender perspective, applying alternative measures for women, considering the discriminatory sociocultural patterns and stereotypes that expose women, in particular, to human rights violations. The report also aims to go forward in implementing a differentiated approach to address the specific needs for respect and guarantee of their rights of a variety of at-risk and vulnerable persons and groups in the context of deprivation of liberty, including persons of African descent, indigenous persons, LGBTI and older persons, and persons with disabilities. 5. Considering the purpose of this report, the following are the main issues addressed, each of which is covered in an individual chapter: (a) main gains and challenges, more than three years after the publication of the Report on the Use of Pretrial Detention in the Americas; (b) alternatives measures to pretrial detention; (c) other measures aimed at reducing the use of pretrial detention; and (d) women and other persons belonging to groups at special risk. The principal contents of these chapters will be described briefly in the following paragraphs. Details: Washington, DC: Organization of American States, 2017. 162p. Source: Internet Resource: Accessed October 2, 2017 at: http://www.oas.org/en/iachr/reports/pdfs/PretrialDetention.pdf Year: 2017 Country: International URL: http://www.oas.org/en/iachr/reports/pdfs/PretrialDetention.pdf Shelf Number: 147522 Keywords: Human Rights AbusesPretrial Detention Pretrial Justice Preventive detention |
Author: Human Rights Watch Title: "Special Mission": Recruitment of M23 Rebels to Suppress Protests in the Democratic Republic of Congo Languages Summary: Security forces in the Democratic Republic of Congo killed at least 62 people and arrested hundreds of others during protests across the country between December 19 and 22, 2016, after President Joseph Kabila refused to step down at the end of his constitutionally mandated two-term limit. In the lead-up to the December protests, and as pressure on Kabila escalated, senior Congolese security force officers had mobilized at least 200 and likely many more former M23 rebel fighters from neighboring Uganda and Rwanda to protect Kabila and help quash the anti-Kabila protests. M23 fighters were integrated into Congolese army, police, and Republican Guard units and given explicit orders to use lethal force, including at "point-blank range" if necessary. With more protests planned in the coming weeks - nearly one year past the end of Kabila's constitutional mandate - the findings in this report raise concerns about further violence and repression. "Special Mission": Recruitment of M23 Rebels to Suppress Protests in the Democratic Republic of Congo is based on over 120 interviews, including with victims and witnesses of abuses, 9 Congolese security force officers, and 21 M23 combatants, commanders, and political leaders. Research was conducted in Kinshasa, Goma, and Lubumbashi in Congo, and in Rwanda and Uganda from December 2016 to November 2017. Human Rights Watch calls on President Kabila and other senior officials to end all unlawful and excessive use of force and other forms of repression against protesters, activists, and the political opposition, and to cease all recruitment of M23 fighters to participate in such repression. Congo's international partners should increase the pressure on Kabila to step down as required by the constitution and support a peaceful transition and credible elections. Details: New York: HRW, 2017. 81p. Source: Internet Resource: Accessed January 17, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/drc1217_web2_0.pdf Year: 2017 Country: Congo, Democratic Republic URL: https://www.hrw.org/sites/default/files/report_pdf/drc1217_web2_0.pdf Shelf Number: 148848 Keywords: Deadly ForceHuman Rights AbusesProtests and DemonstrationsSecurity Forces |
Author: Amnesty International Title: Forced Back to Danger: Asylum-Seekers Returned from Europe to Afghanistan Summary: The conflict gripping Afghanistan is widespread and volatile. Tens of thousands of civilians have been killed or injured, and a wide range of people are at additional risk of other serious human rights violations such as persecution or torture. No part of the country can be considered safe. European countries and the European Union have remained wilfully blind to these dangers, and are putting tremendous pressure on Afghanistan to accept large numbers of returns. Returns are increasing, even as dangers in the country have become more severe. To effect these returns, European countries have arbitrarily called some areas of Afghanistan "safe," including Kabul, which is currently the most dangerous part of the country for civilians. The returns from Europe, happening despite the evidence on the ground in Afghanistan, amount to refoulement - that is, transfers to a risk of serious human rights violations. At present, given the grave security and human rights situation across the country, all returns violate the international legal principle of non-refoulement. Amnesty International is calling for a moratorium on all returns to Afghanistan, until they can take place in safety and dignity. Details: London: AI, 2017. 44p. Source: Internet Resource: Accessed February 2, 2018 at: https://www.amnestyusa.org/reports/forced-back-to-danger-asylum-seekers-returned-from-europe-to-afghanistan/ Year: 2017 Country: Afghanistan URL: https://www.amnestyusa.org/reports/forced-back-to-danger-asylum-seekers-returned-from-europe-to-afghanistan/ Shelf Number: 148973 Keywords: Asylum Seekers Human Rights Abuses |
Author: Chynoweth, Sarah Title: " We Keep It In Our Heart": Sexual violence against men and boys in the Syria crisis Summary: As the civil war in Syria further deteriorates, accounts of systematic human rights abuses continue to emerge, including torture, starvation, and widespread sexual violence against civilians and combatants. More than five million refugees have fled to neighbouring countries in search of safety, yet they continue to face challenges of poverty, discrimination, as well as sexual violence and exploitation. Some attention has been given to women and girls who have suffered sexual violence in Syria and in displacement; however, less is known about male survivors, including ways to meet their needs. This exploratory study examined sexual violence against men and boys in the Syria crisis and their access to services in Jordan, Lebanon, and the Kurdistan Region of Iraq (KRI). In addition to a review of the literature and an online survey completed by 33 key informants, in-country data collection was undertaken in October 2016. Key informant interviews with 73 humanitarian personnel from 34 agencies were conducted as well as 21 focus group discussions with 196 refugees. Questions probed the characteristics and scope of sexual violence against men and boys, the impact on male survivors and their families, and the availability and utilisation of services for male survivors in countries of asylum. The findings and recommendations presented in the report offer a starting point for unpacking and addressing a complex, under-investigated issue. Given the challenges in researching this taboo topic, sexual violence against men and boys is likely occurring under a variety of circumstances not identified in this exploratory study. Additional investigation and attention are imperative to clarify the scope of sexual violence against males, prevent this violence where possible, and effectively meet the needs of survivors Details: Geneva, SWIT: UN High Commissioner for Refugees (UNHCR), 2017. 82p. Source: Internet Resource: Accessed February 12, 2018 at: https://data2.unhcr.org/en/documents/download/60864 Year: 2017 Country: Syria URL: https://data2.unhcr.org/en/documents/download/60864 Shelf Number: 149089 Keywords: Conflict-Related Violence Human Rights AbusesSexual Exploitation Sexual Violence Violence Against Men, Boys |
Author: Human Rights Watch Title: Crackdown on Dissent: Brutality, Torture, and Political Persecution in Venezuela Summary: In April 2017, tens of thousands of people took to the streets in Venezuela in response to the government-controlled Supreme Court's attempt to usurp the powers of the country's legislative branch. The protests quickly spread throughout the country and continued for months, fueled by widespread discontent with the government's authoritarian practices and the humanitarian crisis that has devastated the country under President Nicolas Maduro's watch. The government responded with widespread and systematic violence against anti-government protesters and detainees, as well as systematic denial of detainees' due process rights. While it was not the first crackdown on dissent under Maduro, the scope and severity of the repression in 2017 reached levels unseen in Venezuela in recent memory. Crackdown on Dissent documents 88 cases of abuse involving at least 314 victims committed by different security forces in multiple locations, including in closed environments like military installations, between April and September 2017. The cases include instances of excessive force on the streets; arbitrary detention, including of individuals pulled from their homes or arrested in incidents unrelated to the demonstrations; and physical abuse of detainees ranging from severe beatings to torture involving electric shocks, asphyxiation, and other techniques. There is no indication that Venezuelan high-level officials-including those who knew or should have known about the abuses- have taken any steps to prevent and punish violations. Governments around the world have spoken out about the crackdown on peaceful expression and protest in Venezuela. It is urgent that they redouble multilateral pressure on the Venezuelan government to release people arbitrarily detained, drop politicallymotivated prosecutions, and hold accountable those responsible for abuses. Details: New York; HRW, 2017. 91p. Source: Internet Resource: Accessed February 13, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/venezuela1117web_0.pdf Year: 2017 Country: Venezuela URL: https://www.hrw.org/sites/default/files/report_pdf/venezuela1117web_0.pdf Shelf Number: 149117 Keywords: Arbitrary DetentionDemonstrationsHuman Rights AbusesPersecutionProtest MovementsTorture |
Author: Thompson, Darla Jean Title: Circuits of Containment: Iron Collars, Incarceration and the Infrastructure of Slavery Summary: This dissertation documents the development of New Orleans and Louisiana from 1805-1861. I argue that iron collars emerged in the nineteenth century as technologies of torture, control, coercion, commodity production, and distribution. The use of iron collars by enslavers, in conjunction with chains, jails, the state penitentiary, and forced labor on municipal and state public works shows how technologies shaped enslaved peoples lives as they were captured, contained, and forced to be productive units of labor. By combining insights from scholarship in the fields of US slavery and technology, I argue that enslavers innovative uses of these technologies made the process of extracting labor from enslaved people more efficient and productive. By focusing on the punishing labor practices enslaved people endured in iron collars, jails, chain gangs, forced public works labor, and penitentiaries I show how the old and the new were used to "improve" enslaved people in order to keep them productive and profitable. In Chapter One, I examine the material experience of slaves wearing iron collars, including those with obstructions such as prongs, branches and bells. In Chapter Two, I examine the practices of incarceration in relationship to legislators' rhetoric about constructing a seamless economic circuit exploiting slave labor from plantation to prison factory in order to clothe an independent South. In Chapter Three, I examine how enslaved people who were either privately or publicly owned were used for to build and municipal and state infrastructure. State and city owned slaves, captured and jailed runaway slaves, and convicts from the state penitentiary labored to build roads, levees and clear rivers and bayous. Through these practices, enslaved people's lives embodied hard labor, blurring lines between enslavement and incarceration, as they were loaned, rented, borrowed, and bought, captured, and recaptured through spaces of punishment and labor in support of building and maintaining the infrastructure necessary for the production and distribution of commodities. Together, a range of technical practices were socially and economically shaped and produced through networks of people, objects, knowledge and ideology forming a socio-technical system for the control and containment of enslaved people as they struggled to be free. Details: Ithaca, NY: Cornell University, 2014. 233p. Source: Internet Resource: Dissertation: Accessed February 27, 2018 at: https://ecommons.cornell.edu/bitstream/handle/1813/36009/djt36.pdf?sequence=1 Year: 2014 Country: United States URL: https://ecommons.cornell.edu/bitstream/handle/1813/36009/djt36.pdf?sequence=1 Shelf Number: 149265 Keywords: Chain GangsForced LaborHard LaborHuman Rights AbusesSlavery |
Author: Human Rights Watch Title: "It's Like We're Always in a Prison": Abuses Against Boys Accused of National Security Offenses in Somalia Summary: The Islamist armed group Al-Shabab in Somalia recruits and uses hundreds of children as fighters. But their hardships and abuses continue even after these children escape or are captured by government forces. "It's Like We're Always in a Prison": Abuses Against Boys Accused of National Security Offenses in Somalia, documents the treatment of children arrested and detained since 2015 for suspected association with Al-Shabab. It is based on over 80 interviews, including with children formerly forced to train with or support Al-Shabab, their relatives, boys who had been detained in intelligence and police custody, lawyers, child protection advocates, and government officials. The report finds that authorities across Somalia are subjecting children in their custody to serious abuses, including coercive confessions and prohibiting access to their family members. Children handed over for prosecution are being tried in military courts in proceedings that fail to meet international juvenile justice standards. Existing and pending laws risk making it easier, not harder, to detain and prosecute children for Al-Shabab-related crimes without basic juvenile justice protections for children. When the authorities do hand children over to child rehabilitation centers, their legal status is often unclear. Human Rights Watch calls on the Somali government to end arbitrary detention of children and allow for systematic independent oversight of children in custody. Children taken into custody should be promptly transferred to child protection actors for rehabilitation and - when feasible - reintegration. Children accused of serious crimes should be tried by civilian courts in line with juvenile justice standards. Details: New York: HRW, 2018. 95p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/somalia0218_web.pdf Year: 2018 Country: Somalia URL: https://www.hrw.org/sites/default/files/report_pdf/somalia0218_web.pdf Shelf Number: 149483 Keywords: Child Abuse and NeglectChild ProtectionChild SoldiersHuman Rights AbusesJuvenile Detention |
Author: Human Rights Watch Title: In the Freezer: Abusive Conditions for Women and Children in US Immigration Holding Cells Summary: Migrant women and children detained along the US border with Mexico usually spend one to three nights, and sometimes longer, in frigid holding cells, sleeping on floors or concrete benches before immigration authorities transfer them to other detention facilities. These holding cells are so notorious for their uncomfortably low temperatures that migrants and border agents alike refer to them as hieleras ("freezers"). Women and children are usually not allowed to shower and often have no access to soap, meaning that they are not able to wash their hands with soap before and after eating or feeding infants, after using the toilet, and after changing diapers. Families are often separated while in immigration holding cells, a practice that harms women and children's mental well-being and may complicate their efforts to seek asylum. All immigration detainees have the right to be treated with dignity and humanity, and children, unaccompanied or with family members, are entitled to additional safeguards. Conditions in immigration holding cells do not meet these standards, and the shortcomings identified in this report in many respects match those that US courts have found to violate immigration authorities' obligations. To address these serious concerns, immigration holding cells should be used for very short periods of confinement only. Detention overnight in holding cells should be employed only when it is unavoidable, and never for children. Those who are held overnight should receive sleeping mats, blankets, hygiene materials, and access to showers. Temperatures in holding cells should be set at reasonable and comfortable levels. US immigration authorities should also avoid splitting up families. Instead, authorities should identify and implement alternatives to detention that keep families together. Details: New York; HRW, 2018. 50p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/uscrd0218_web.pdf Year: 2018 Country: United States URL: https://www.hrw.org/sites/default/files/report_pdf/uscrd0218_web.pdf Shelf Number: 149484 Keywords: Human Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigration PolicyMigrantsViolence Against Women, Children |
Author: Amnesty International Title: Body Politics: Criminalization of sexuality and reproduction Summary: There is a long history of states criminalizing sexuality and reproductive decisions relating to health. Unfortunately, despite increasing attention paid to the protection of human rights in the last few decades, the criminalization fever shows no signs of cooling. In some areas this trend appears to have gained renewed strength. Throughout much of the Americas, for example, women and health professionals can be punished for seeking, obtaining or providing abortion services. In certain states in Africa, opportunistic politicians have pumped life into antiquated statutes or passed new laws punishing same-sex activity with dire penalties. Notably, this rush to criminalization is not limited to developing or least developed states. The last few years has also seen a rise in women in the USA being jailed for otherwise legal acts conducted during pregnancy, and in many rich and poor states alike, individuals can still be prosecuted for transmission of HIV. Criminalization of sexual and reproductive health-related activity, in particular, stands as a significant impediment to the realization of human rights, particularly the right to health. Although such criminalization is justified by some as a "public health" measure, in most cases it exacerbates the underlying public health concern by driving risk behaviour underground and preventing the provision of effective health services; contributing to preventable illness and death. Criminalization of consensual reproductive and sexual behaviours also violates autonomy, which is the foundation on which an individual's ability to realise their right to health is built. In addition to implicating human rights adversely, criminalization of sexuality and reproductive decisions engenders stigmatization, discrimination and even violence against people engaged in (or suspected of engaging in) the prohibited behaviour, which can further place the health of vulnerable people at risk. Indeed, the individuals facing punishment tend to be members of poor, marginalized and vulnerable groups, as opposed to wealthy individuals engaging in the same behaviour. Moreover, such criminalization affects not just those against whom the law is directed, but negatively impacts the rights of entire populations by giving states power to interfere with individuals' private decision-making and forcing people to conform to strict sexual and gender norms. Using the force of state machinery to achieve illegitimate aims relating to the public morality can further lead to an environment generally permissive of arbitrary arrests and detention, harassment, stigmatization, discrimination and violence. Such use of power also weakens respect for the rule of law. Unfortunately, all too often criminalization of sexual and reproductive decisions and behaviours can be a means to gain political support from voters, especially when the targets of such punitive regulation are politically disenfranchised or socially marginalized. It is therefore crucial to highlight the depth and extent of this problem and to empower activists worldwide to challenge laws directly or indirectly criminalizing sexual and reproductive decisions and behaviours. Amnesty International's Primer and Toolkit - Body Politics: Criminalization of sexuality and reproduction - is a timely, meaningful and welcome contribution that can enable activists to both comprehend and challenge illegitimate criminalization of sexuality and reproductive decisions. It is vital to understand the extent to which criminalization has permeated states today and the damage which is done by such measures masquerading as legitimate public health or public morality initiatives. This Primer details the major areas of concern and the harm which both direct and indirect criminalization inflict on an individual's human rights and the health of society as a whole. It is not enough, however, to simply understand the problem of criminalization of sexuality and reproductive decisions; steps must also be taken to challenge it. The Toolkit provides concrete campaigning techniques such as mapping stakeholder participation and power, identifying advocacy targets, and building capacity. The Training Manual can be used to build understanding and capacity around these issues for a range of audiences and activists. Details: London: AI, 2018. 220p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.amnesty.org/download/Documents/POL4077632018ENGLISH.PDF Year: 2018 Country: International URL: https://www.amnesty.org/download/Documents/POL4077632018ENGLISH.PDF Shelf Number: 149485 Keywords: AbortionCriminalizationHealth ServicesHuman Rights AbusesPublic Health |
Author: Human Rights Watch Title: "Caught in a Web": Treatment of Pakistanis in the Saudi Criminal Justice System Summary: Despite over a decade of reforms, the Saudi criminal justice system continues to trample over the rights of Saudi and non-Saudi defendants to due process and fair trials. The glaring defects in the criminal justice system are especially acute for the twelve million foreigners living in Saudi Arabia, over one-third of the country's total population, who face substantial challenges obtaining legal assistance and navigating Saudi court procedures. About 1.6 million Pakistanis, most of them foreign migrant workers, make up the second-largest migrant community in Saudi Arabia. "Caught in a Web" is based on interviews with Pakistani citizens detained and put on trial in Saudi Arabia in recent years, as well as family members of other Pakistani defendants. Pakistani detainees, former detainees, and their family members detailed the Saudi criminal justice system and Saudi courts' rampant due process violations, including long periods of detention without charge or trial, no access to legal assistance, pressure on detainees from the authorities to sign confessions and accept predetermined prison sentences to avoid prolonged arbitrary detention, and ineffective translation services for defendants. Some defendants reported ill-treatment and poor prison conditions. Due process violations were most consequential for defendants involved in serious cases such as drug smuggling and murder, which often carry the death penalty. Saudi Arabia executes more Pakistanis than any other foreign nationality annually, mostly for heroin smuggling. The report calls on the Saudi government to improve its legislation and practices to create real protections against arbitrary arrest, due process, and fair trial violations, and it calls on the Pakistani government to ensure that Pakistani detainees in Saudi Arabia have access to consular services and legal representation. Details: New York: HRW, 2018. 35p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Year: 2018 Country: Saudi Arabia URL: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Shelf Number: 149486 Keywords: CourtsCriminal Justice SystemsDefendantsDiscriminationHuman Rights Abuses |
Author: Physicians for Human Rights Title: Neither Justice nor Treatment: Drug Courts in the United States Summary: There are more than 3,100 drug courts operating in the United States. But while the courts' proponents say they reduce recidivism for people with substance use disorders, critics say the system abuses due process, often mandates treatment for people who don't actually need it - people without drug dependence - and fails to provide quality care to many who do. Physicians for Human Rights (PHR) assessed the availability and quality of substance use disorder treatment through drug courts in three states - Florida, New Hampshire, and New York - and found major obstacles in all three states. Overall, PHR found that drug courts largely failed at providing treatment to those who truly needed it, and filled up limited treatment spaces with court-mandated patients who didn't always need the care. In many cases, court officials with no medical background mandated inappropriate treatment, or mandated treatment for people who didn't need it. In all cases, the functioning and mandate of the drug courts posed significant human rights concerns. Details: New York: Physicians for Human Rights, 2017. 26p. Source: Internet Resource: Accessed March 16, 2018 at: http://physiciansforhumanrights.org/assets/misc/phr_drugcourts_report_singlepages.pdf Year: 2017 Country: United States URL: http://physiciansforhumanrights.org/assets/misc/phr_drugcourts_report_singlepages.pdf Shelf Number: 149487 Keywords: Drug CourtsDrug OffendersDrug TreatmentHuman Rights AbusesProblem-Solving CourtsSubstance Abuse Treatment |
Author: Haugaard, Lisa Title: Breaking the Silence: In Search of Colombia's Disappeared Summary: Colombia has one of the highest levels of forced disappearances in the world. Mention the word "disappearance" in the Latin American context and most people think only about Chile, where 3,000 people were killed or disappeared, or Argentina, where some 30,000 people were disappeared in the "dirty war." Yet new information is emerging that is unveiling the tragic dimensions of Colombia's missing. Little attention has been paid to disappearances in Colombia. This may be simply because the death toll from assassinations, massacres, criminal murders, and battlefield casualties- where there are bodies-is so high that disappearances have remained out of focus. The government's ability to project an image of success has also served to make disappearances, along with other human rights abuses, less visible. That the conflict is still raging makes it hard to bring attention to a crime where the proof is by definition invisible. The Colombian government and international community's response to the problem of disappearances has been delayed and inadequate, even in contrast to the limited programs and legal recourses available to other victims of the conflict. Since 2007, the Colombian government has begun to improve the ways in which disappearances are registered. As new and older cases are entered into a consolidated database, numbers are increasing dramatically by the month. As of November 2010, Colombia's official government statistics list over 51,000 disappearances, a figure that includes missing persons who may be alive, while the Attorney General's office speaks of over 32,000 "forced disappearances." More than 1130 new cases of forced disappearance have been officially registered in the last three years. However, the full total remains unknown. Many cases have yet to be entered in the database, and many disappearances are not registered at all. Earlier claims by associations of families of the disappeared of some 15,000 forced disappearances, far from being an overestimation, now look to have vastly undercounted the tragedy's enormous scope. Details: Washington, DC: Latin America Working Group Education Fund and U.S. Office on Colombia, 2010. 32p. Source: Internet Resource: Accessed march 20, 2018 at: http://lawg.org/storage/documents/Colombia/BreakingTheSilence.pdf Year: 2010 Country: Colombia URL: http://lawg.org/storage/documents/Colombia/BreakingTheSilence.pdf Shelf Number: 149527 Keywords: DisappearancesHomicidesHuman Rights AbusesMissing Persons |
Author: Johnson, Jennifer Title: The Forgotten Border: Migration and Human Rights at Mexico's Southern Border Summary: The nature of transborder migration and human rights violations against migrants at Mexico's southern border has received scant attention. The Forgotten Border: Migration & Human Rights at Mexico's Southern Border sheds light on the abuse and exploitation experienced by many transmigrants as they journey northward, as well as trends in Mexico's practices regarding immigration and border enforcement policies. The nature of transborder migration and human rights violations against migrants at Mexico's southern border has received scant attention. The Forgotten Border: Migration & Human Rights at Mexico's Southern Border sheds light on the abuse and exploitation experienced by many transmigrants as they journey northward, as well as trends in Mexico's practices regarding immigration and border enforcement policies. In 2008, the U.S. Congress will consider giving $1 billion in assistance to Mexico as part of the "Merida Initiative." As programs in this aid package are framed as support for human interdiction, border security and law enforcement activities, it is critical that policymakers and advocates gain a clearer understanding of the broader context in which human rights abuses take place in Mexico's southern border region to ensure that U.S. policy, and in particular, the Merida Initiative, does not aggravate a precarious situation any further. Details: Washington, DC: Latin America Working Group, 2008. 24p. Source: Internet Resource: Accessed March 20, 2018 at: http://www.lawg.org/storage/documents/forgotten%20border.pdf Year: 2008 Country: Mexico URL: http://www.lawg.org/storage/documents/forgotten%20border.pdf Shelf Number: 149528 Keywords: Border SecurityHuman Rights AbusesIllegal ImmigrationImmigrationImmigration EnforcementMigration |
Author: Inter-American Commission on Human Rights Title: Towards the Closure of Guantanamo Summary: This report addresses the human rights situation of detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, a facility that has become a symbol of abuse around the world. The Inter-American Commission on Human Rights ("IACHR") was the first international instance to call upon the United States to take urgent steps to respect the basic rights of the detainees. Just two months after the arrival of the first prisoners in January of 2002, the IACHR called upon the State to ensure that their legal status would be determined by a competent authority, so as to clarify the applicable legal regime and corresponding rights. 2. Since then, the IACHR has closely followed the situation through different mechanisms and has repeatedly called for the immediate closure of the detention facility. As a further and hopefully final step in the monitoring of the situation, the IACHR issues this report in which it provides an assessment of the current situation from a human rights perspective as the basis to issue recommendations designed to assist the State in taking the steps necessary to close the facility. 3. The report, following a rights-based approach, focuses on three main areas of concern. First, it addresses the major issues surrounding the detainees' right to personal integrity, from the authorized use of torture in the early years of the Guantanamo detentions to more current issues such as prison conditions at Camp 7 and the U.S. Government's response to the hunger strikes. The IACHR reiterates its finding that the continuing and indefinite detention of individuals in Guantanamo, without the right to due process, is arbitrary and constitutes a clear violation of international law; reasons of public security cannot serve as a pretext for the indefinite detention of individuals without charge or trial. 4. The report then examines the detainees' access to justice and whether the judicial remedies available are adequate and effective. It analyses important questions that were left unresolved by the landmark decision of the U.S. Supreme Court in Boumediene v. Bush, such as the scope of the executive's authority to detain individuals under the Authorization for the Use of Military Force (AUMF) as well as various substantive and procedural questions. The Commission outlines concerns with respect to the operation of presumptions and burdens of proof and their impact on access to effective remedies. 5. This chapter also assesses how military commissions operate in practice and the important challenges faced by detainees when exercising their right to legal representation. It further addresses the exclusive application of a separate regime to foreign Muslim men, an issue that presents an apparent targeting of individuals in relation to nationality, ethnicity and religion. In addition, this chapter analyses the functioning of the Periodic Review Board process established in 2011 as well as the lack of judicial review of claims relating to conditions of detention at Guantanamo. 6. Finally, the report looks at the various legal and political aspects involved in taking steps toward the closure of the detention facility and acknowledges some recent steps taken by the Executive. This chapter assesses the current situation of the three categories of detainees currently held at Guantanamo: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention. The IACHR analyzes the situation of the detainees from Yemen separately, an issue which is of key importance in the closure of the facility. It further elaborates on how transfers should be carried out in order to comply with international legal obligations and the principle of nonrefoulement. This chapter then analyzes the current state of proceedings before military commissions, a system that has proven to be slow, inefficient and out of line with due process guarantees. 7. The report concludes with some data that speaks for itself. According to official information, only 8% of Guantanamo detainees were characterized as "fighters" for Al-Qaeda or the Taliban; 93% were not captured by U.S. forces; and most were turned over to U.S. custody at a time in which the United States offered bounties for the capture of suspected terrorists. Only 1% of all prisoners ever held at Guantanamo have so far been convicted by a military commission; in two of those eight cases the material support conviction was overturned on appeal by federal courts. As of January 2015, the handful of ongoing prosecutions before military commissions remained stagnant at the pre-trial stage, having been in that stage for several years. 8. Based on its close analysis of the human rights situation of detainees held at Guantanamo Bay, in this report the IACHR issues a series of recommendations in order to encourage the United States to properly fulfill its international human rights commitments in taking the steps necessary to close Guantanamo. The InterAmerican Commission also reiterates its call upon OAS Member States to consider receiving Guantanamo detainees in an effort to achieve the goal of closing the prison and to reaffirm the longstanding tradition of asylum and protection of refugees in the region. The recommendations are grouped following the same rights-based approach used in the analysis of the report. 9. With regard to the conditions of detention, the Inter-American Commission recommends that the United States ensure that detainees are held in accordance with international human rights standards; that conditions of detention are subject to accessible and effective judicial review; that detainees are provided with adequate medical, psychiatric and psychological care; and that their right to freedom of conscience and religion is respected. The Commission further recommends that the U.S. declassify all evidence of torture and ill-treatment; comply with the recommendations issued by the Committee Against Torture regarding the investigation of detainee abuse, redress for victims, and the end of the force-feeding of detainees; and establish an independent monitoring body to investigate the conditions of detention at Guantanamo Bay. Details: Washington, DC: IACHR, 2015. 137p. Source: Internet Resource: Accessed March 20, 2018 at: http://www.oas.org/en/iachr/reports/pdfs/towards-closure-guantanamo.pdf Year: 2015 Country: Cuba URL: http://www.oas.org/en/iachr/reports/pdfs/towards-closure-guantanamo.pdf Shelf Number: 149535 Keywords: Detention FacilitiesGuantanamoHuman Rights Abuses |
Author: KnowTheChain Title: Food and Beverage Benchmark Findings Report. How are 20 of the largest companies addressing forced labor in their supply chains? Summary: According to the International Labour Organization (ILO), an estimated 21 million people are victims of forced labor around the world. As defined by the ILO, forced labor refers to "situations in which persons are coerced to work through the use of violence or intimidation, or by more subtle means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities." The agricultural sector alone (including forestry and fishing) generates an estimated US$9 billion in illegal profits from forced labor each year.1 The food and beverage industry is an at-risk sector. Forced labor occurs both in the production of raw materials and during the food processing stages of food and beverage companies' supply chains. Food commodities are produced by agricultural workers who often come from vulnerable groups such as women, international migrants, and internal migrants with little education. Weak labor laws and law enforcement in the sector, together with isolated workplaces where housing tends to be provided by the employer, aggravate the typically poor working conditions and can leave workers vulnerable and dependent on their employer. Evidence of forced labor can be found in numerous commodities and countries, such as rice from India or sugar from Brazil. Much of the recent media attention has focused on Thailand, and Thai companies are not only facing scrutiny on using forced labor in the seafood industry, but also in poultry production, for which the EU is the biggest export market. Fourteen workers who escaped a Thai poultry farm in 2016 reported abusive supervisors, long working hours, were only allowed to leave the farm for two hours a week under supervision, and sometimes were forced to sleep next to hatchlings.2 Forced labor is a global occurrence and also occurs in Western countries-it is linked to food products including strawberries from Germany, apples from the United Kingdom, and tomatoes from the United States.3 In fact, the Coalition of Immokalee Workers, a worker-based human rights organization, estimates that approximately 5% of all farm workers in the US are victims of forced labor, the majority of whom are migrant workers from Mexico, Guatemala, and Haiti. Workers are held against their will, forced to work for little or no pay, with their work and commute taking up at least 12 hours a day. Suppliers and retailers alike face significant business risks due to forced labor. These include operational risks (such as having to discontinue supplier contracts due to public pressure, reputational risk incurred from negative publicity) and legal and regulatory risks (such as lawsuits from employees, customers, and other stakeholders). For example, in early 2016 the Thai tuna processing factory Golden Prize Tuna Canning paid Myanmar migrant workers US$1.3 million compensation for labor abuses.4 At the same time, companies-particularly consumer-facing brands-can benefit from a proactive stance on eliminating forced labor in their supply chains in terms of reputation, reduced operational and regulatory risks, and employee motivation. There is growing global momentum in both soft and hard law requiring companies to address forced labor risks in their supply chains and disclose their efforts in this respect. The UN Guiding Principles on Business and Human Rights have established that businesses have a responsibility to respect human rights, including through business relationships. The UN Sustainable Development Goals also address the issue: Goal 8 includes the objective to "take immediate and effective measures to eradicate forced labor [and] end modern slavery and human trafficking." Regulatory requirements include the California Supply Chains Transparency Act and the Modern Slavery Act in the United Kingdom. Access to government contracts is increasingly linked to provisions on forced labor, with both the US and Dutch governments having put provisions for government contractors in place in 2012. The ILO's legally binding Protocol on Forced Labour, which was adopted in 2014 and requires states to prevent and remedy forced labor, has been ratified by eight ILO member countries with more to come.5 Overall, progress in the food and beverage industry to address supply chain labor issues such as forced labor has been slow. In the 2016 update of its Behind the Brands campaign, Oxfam found that, in contrast to areas such as climate change or land rights, "[t]he Big 10 [food and beverage companies] have barely shown any improvement [from 2013] on the issue of labor rights in their supply chains." Companies in this sector have been less responsive to KnowTheChain than companies in the Information and Communications Technology and Apparel & Footwear sectors. Nevertheless, the sector is starting to recognize its impacts and several sectoral initiatives have recently pledged to address forced labor. In December 2015, Australian retailers signed a pledge to address forced labor in their supply chains; in January 2016, the Consumer Goods Forum published a resolution to develop an action plan to eradicate forced labor; and in May 2016, AIM-PROGRESS publicly committed to support the implementation of this resolution. Further, investors have started to engage investee companies in the sector in recent years. For example, as part of its "No Fees" Initiative, members of the US faith-based investor network Interfaith Center on Corporate Responsibility have held dialogues on modern slavery with companies sourcing palm oil and seafood, both retailers and manufacturers in the food sector. Another example is a group of global investors coordinated by the UN-supported Principles for Responsible Investment which have been engaging food companies on supply chain labor issues. Details: San Francisco: KnowTheChain, 2016. 28p. Source: Internet Resource: Accessed March 28, 2018 at: https://knowthechain.org/wp-content/plugins/ktc-benchmark/app/public/images/benchmark_reports/KTC_Food_Beverage_Findings_Report_October.pdf Year: 2016 Country: International URL: https://knowthechain.org/wp-content/plugins/ktc-benchmark/app/public/images/benchmark_reports/KTC_Food_Beverage_Findings_Report_October.pdf Shelf Number: 149604 Keywords: Forced LaborHuman Rights AbusesHuman TraffickingModern SlaverySupply Chains |
Author: KnowTheChain Title: Eradicating Forced Labor in Electronics: What do company statements under the UK Modern Slavery Act tell us? Summary: The information and communications technology sector (ICT) is at high risk of forced labor. A significant number of workers in electronics supply chains are migrant workers who are particularly vulnerable to exploitation. The US Department of Labor lists China and Malaysia as countries where electronics may be produced using forced labor. In fact, a 2014 Verite study found that nearly a third of migrant workers in Malaysia's electronics sector are in situations of forced labor. To mark the third anniversary of the passage of the UK Modern Slavery Act, this report analyzes how companies in this at-risk sector are responding to this legislative requirement. The UK Modern Slavery Act is the most farreaching global legislation on forced labor and human trafficking currently in effect, as it affects any global company that has a turnover of $36 million or more and carries out business in the UK. Most notably, it is the first piece of legislation that requires not only annual reporting on the steps taken to address modern slavery in a company's own operations and supply chains, but also board approval and a director's signature on the company's public statement - ensuring that senior management, as well as boards, pay attention to the issue of forced labor. To understand to what extent the sector is aware of and responding to this legislation, we analyzed large- and medium-size global ICT companies and identified 102 companies from Asia, Europe, and the United States required to report under the Modern Slavery Act. We reached out to 23 of those companies that had not published a statement. We also assessed compliance among published statements with the minimum requirements of the Modern Slavery Act: the statement must be linked on the homepage of the company's website, signed by a director or equivalent, and approved by the board. We additionally evaluated all the identified ICT companies' statements against KnowTheChain's benchmark methodology, which comprises seven themes: commitment and governance, traceability and risk assessment, purchasing practices, recruitment, worker voice, monitoring, and remedy. All statements receive a score out of 100. Disappointingly, 85% of the analyzed statements scored below 25. This report highlights promising practices, as well as gaps identified against our methodology, and makes recommendations to companies. Details: San Francisco: KnowTheChain, 2018. 33p. Source: Internet Resource: Accessed March 29, 2018 at: https://knowthechain.org/wp-content/uploads/KTC-ICT-MSA-Report_Final_Web.pdf Year: 2018 Country: United Kingdom URL: https://knowthechain.org/wp-content/uploads/KTC-ICT-MSA-Report_Final_Web.pdf Shelf Number: 149597 Keywords: Electronic GoodsForced LaborHuman Rights AbusesHuman traffickingModern Slavery |
Author: American University. Washington College of Law. Center for Human Rights and Humanitarian Law Title: Gender Perspectives on Torture: Law and Practice Summary: I once asked a Guatemalan public defender how she knew when a woman's murder was the result of gender-based violence and not a simple homicide. She showed me several pictures of women's half or fully naked bodies exhibiting obvious signs of torture, mutilation, and violent sexual assault prior to their deaths. She said that was how women's bodies were usually found. That was the difference between gender-based violence and simple homicide. Women's bodies are often used as instruments to send messages of terror, or as instruments of pleasure, or as instruments of experimentation. In all of these cases, gender-based violence is recognizable because of its profound denial of personhood. The common thread running through the collection of articles presented in this publication is that women's bodies are still looked at and treated as instruments, or means to achieving a goal, rather than as autonomous individuals. Killing a body to end a life is different than killing a body to send a signal. In both cases, the person is refused her or his basic right to life, but in the latter, the person is a mark, a sign for others to see and use. The first chapter of this volume elaborates on the notion of gender-based violence, the need to incorporate a gender perspective in legal systems in general, and the responsibilities of States with regard to those at the margins of legal protections. Although gender-based violence has existed since the beginning of time, it has only entered the realm of human rights as a specific issue within the last decades. International human rights law, traditionally, has not protected women from the harms they have suffered as a result of being women. As with the rest of legal and political institutions, women have had to struggle for their experiences to be recognized. The invisibility of women's harms has also included a lack of reparations with a gender perspective; if the suffering women have endured is not understood, its consequences cannot be adequately addressed. Owing to the inclusion of a gender perspective, human rights treaty bodies have started to include reparations that put women, and not only their families or communities, at the center of their analyses. The new trends in international human rights are welcome by the international community, but they have not necessarily translated into substantive protection of women's and girl's rights, and States must work to ensure that they carry through with their obligations to investigate incidents of gender-based violence and provide redress for victims. Chapter two examines specific forms of violence that women and girls experience throughout the world, including honor killings, female genital mutilation, pregnancy and virginity testing, and the use of forced contraception and addresses the need to advance the humanization of women's rights. States have been reluctant to introduce laws opposing these forms of violence on grounds that certain practices are based on culture or religion. Although international human rights law protects the right to freedom of religion, sexual-based violence cannot be excused on religious grounds, and it has taken too long for laws to begin to act against practices that constitute torture or ill-treatment. The chapter invites readers to view women as the protagonists of human rights standards rather than continually framing men as the central figures of such rights; the standard of protection cannot always be viewed through the lens of male actors. The chapter then moves beyond the gender perspective as a tool to protect women and analyzes the need for the specific recognition of harms suffered by trans and intersex individuals. Perhaps one of the most important challenges that legal systems face is the deconstruction of the male-female binary, and international human rights is not shielded from this challenge. The chapter reinforces the need for human rights to go beyond the binary with regard to the protection of individuals by analyzing how torture and ill-treatment has played an intricate role in the lives of a whole category of individuals. For many trans and intersex persons, torture and ill-treatment are a constant in their lives and this chapter invites us to better understand what torture and ill-treatment means from the perspective of these individuals. The third chapter focuses specifically on deprivation of liberty, and the torture and ill-treatment that often take place under custodial settings. Vulnerability increases in detention facilities, even when the detention is considered lawful. In the cases of LGBTI individuals, who are at greater risk of being in contact with the criminal justice system, once in custodial settings they are subject to brutality and abuse by prison authorities and fellow inmates. This violence is usually underreported and tends to be ignored by State officials because of the underlying assumption that people of diverse sexualities "deserve punishment" for not conforming to traditional gender roles. For custodial settings to cease being places of torture and ill-treatment for LGBTI individuals, violence must be understood from a gender and sexuality perspective. For prison officials, this means not placing trans individuals, whose legal names may not correspond to the gender with which they identify, in solitary confinement because they are unsure of where to house them-it simply replaces one form of violence with another form. The chapter also addresses how criminal justice systems are structured around the idea of a male detainee. Incarcerated women-and their visitors-often endure invasive and humiliating searches, where the women are forced to undress in front of unqualified male officers who may also perform unnecessary body cavity searches. These techniques are not used with the legitimate purpose of ensuring safety within the detention facility, but rather to dehumanize and assert power over the already powerless. This is even more serious when it affects young girls. Criminal justice systems are also not structured with families in mind; "ideal perpetrators" are not only male but also single and with no dependents. Women detainees tend to be mothers with children and usually in a position of vulnerability with nobody to care for their children. In these conditions, it is not uncommon to find detention facilities and jails where children live with their mothers for some time, increasing the incarcerated population to include children, who at a young age, develop their first connections with the world through the prism of a detention facility. A gender perspective requires legal frameworks that look at detained persons not as isolated beings, but as individuals with dependents and family connections. Chapter four considers torture and ill-treatment within the context of women's health care and reproductive rights. Women face mistreatment when seeking maternal health care, undergo forced sterilizations, can face criminal repercussions for self-inducing abortions, and are often denied safe and legal abortion services. It is not uncommon for women in custodial settings to deliver their babies while in shackles, and this chapter explores how the lack of adequate maternal health care can amount to ill-treatment or torture. Depriving women of their right to reproductive self-determination is an additional example of how States have long-ignored the needs of women as citizens. A traditional concept of torture does not allow for an understanding of the common experiences of women, and this chapter expands on the idea that torture and ill-treatment not only occur in situations where government actors themselves are the perpetrators of harm, but when the government allows harms to occur out of a complete disregard for women's bodies. To understand how the lack of adequate maternal care or reproductive rights can be so severe that it amounts to ill-treatment and even torture, one simply has to compare the experiences of women-be it forced sterilization, lack of access to painkillers during childbirth, or lack of abortion regulations-with international human rights standards, and it becomes clear that often ill-treatment, torture, and the experiences of women are all the same. In that sense, this volume expands on the important and influential report by the former Special Rapporteur on Torture on the issue of women and torture. Restrictions on reproduction have long been used to control women's bodies and entire populations, and legal systems, including the norms, standards, and rules of international law, have denied women from seeing their harms recognized as such. Rape was not considered torture until recently; it was not worth the time of special war crime tribunals or worth the time of international treaty bodies. But this is changing, and this publication is a testament to that change. Seeing torture as a gendered practice requires a specific gaze that for most people is a learned process. Only recently have our legal systems started viewing and treating women as individuals. Only recently have legal systems understood and given a name to women's specific harms. In the case of LGBTI persons, those strides are still in their infancy. Despite how widespread and deep-rooted violence against women has been for centuries, torture and ill-treatment were primarily viewed and analyzed through a "male as the main victim" lens. This publication takes a formidable step toward debunking the myth of heterosexual cisgender men as exclusive victims and reinforces the need to integrate women's rights and sexuality perspectives into the mainstream of international human rights. Details: Washington, DC: The Center, 2018. 344p. Source: Internet Resource: Accessed April 2, 2018 at: https://www.wcl.american.edu/impact/initiatives-programs/center/documents/gender-perspectives-on-torture/ Year: 2018 Country: International URL: https://www.wcl.american.edu/impact/initiatives-programs/center/documents/gender-perspectives-on-torture/ Shelf Number: 149650 Keywords: Female Genital MutilationGender-Based ViolenceHonor-Based ViolenceHuman Rights AbusesTortureViolence Against Women, Girls |
Author: Amnesty International Netherlands Title: A Failed Experiment: The Taser-Pilot of the Dutch Police Summary: It is required by recognized international human rights rules and standards as presented in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials that police agencies have at their disposition a range of means to respond to difficult situations in a differentiated manner. Thus, Amnesty International is not outright opposed to the use of electro-shock weapons in law enforcement in all cases. However, the current use of electro-shock weapons as well as the governing regulations in The Netherlands raise serious concerns and therefore Amnesty International calls the Dutch police to: - suspend the use of electro-shock weapons by all police units currently using them until a suitable legal and operational framework for their use has been set up that is in line with the obligations of The Netherlands under international human rights law and standards and - until this is done - to withdraw all electro-shock weapons distributed; - refrain from widespread distribution of electro-shock weapons in day-to-day policing; - cease any police interventions in mental health institutions in all situations and circumstances that do not amount to immediate life threatening emergencies (e.g. hostage situations). Amnesty International furthermore urges the Dutch government to create a legislative framework governing the use of force that gives due consideration to the obligations of The Netherlands under international human rights law, in particular to regulate, in formal legislation, the use of force in line with the UN Basic Principles on the Use of Force and Firearms, including the use of firearms and the use of electro-shock weapons, as well the overall conditions and criteria for police interventions in mental health institutions. This briefing sets out the background to the current pilot project conducted by the Dutch police on the general deployment of electro-shock weapons in day-to-day policing (I.). It further provides a summary of the Amnesty International's main findings regarding the human rights concerns of the first pilot phase as well as the overall set up of the project and its interim evaluation (II.). These findings are then more in detail explained and elaborated in section III., followed by a conclusion and some recommendations (IV.). Details: Amsterdam: Amnesty International Netherlands, 2018. 27p. Source: Internet Resource: Accessed April 4, 2018 at: https://www.amnesty.nl/content/uploads/2018/02/A-Failed-Experiment_The-Taser-pilot-of-the-Dutch-Police.pdf?x32866 Year: 2018 Country: Netherlands URL: https://www.amnesty.nl/content/uploads/2018/02/A-Failed-Experiment_The-Taser-pilot-of-the-Dutch-Police.pdf?x32866 Shelf Number: 149679 Keywords: Human Rights AbusesPolice AccountabilityPolice Use of ForceStun GunsTasers |
Author: KnowTheChain Title: Apparel and Footwear Benchmark Findings Report: How are 20 of the largest companies addressing forced labor in their supply chains? Summary: According to the International Labour Organization (ILO), an estimated 21 million people are victims of forced labor around the world. As defined by the ILO, forced labor refers to "situations in which persons are coerced to work through the use of violence or intimidation, or by subtler means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities." The apparel & footwear industry is an at-risk sector. Forced labor occurs both in the production of raw materials and during the manufacturing stages of apparel and footwear companies' supply chains, especially at lower tier suppliers and in home-based or informal manufacturing. Most nations in the world participate to some degree in the textile and apparel sector. And, the textiles, clothing, and footwear industry is a rapidly growing field of employment: While in 2000 the global garment industry employed about 20 million workers, this number has at least tripled to 60-75 million workers in 2014, three quarters of whom are women. Following incidents of child labor and reports about sweatshop conditions since the 1990s, companies have taken action, and associations such as the Ethical Trading Initiative, the Fair Labor Association, and the Better Work Initiative, a partnership between the ILO and the International Finance Corporation, have helped companies to work towards improving conditions in apparel supply chains. Today, companies acknowledge responsibility for working conditions in their supply chains, and traceability and transparency are higher than in other sectors. The majority of large apparel and footwear companies have in place supplier monitoring systems, and, through initiatives such as ACT (Action, Collaboration, Transformation), apparel brands, retailers, manufacturers, and trade unions are collaborating to implement living wages. Why does forced labor in the sector persist? While progress has been made, forced labor persists in the sector. The tragic collapse of the Rana Plaza building in Bangladesh has proven that auditing systems can easily fall short: two factories in the building had been audited for social compliance and several brands were unaware that their clothes were being made there. Where audits are announced, some employers ask undocumented workers or child workers to hide. In other instances, the work is subcontracted, and poor working conditions move to a deeper, less visible part of the supply chain.4 "Fast fashion" models can exacerbate the risk of forced labor, with pressure on lead times and pricing leading suppliers to outsource production. Details: San Francisco: KnowTheChain, 2016. 36p. Source: Internet Resources: Accessed April 6, 2018 at: https://knowthechain.org/wp-content/plugins/ktc-benchmark/app/public/images/benchmark_reports/KTC_A&F_ExternalReport_Final.pdf Year: 2016 Country: International URL: https://knowthechain.org/wp-content/plugins/ktc-benchmark/app/public/images/benchmark_reports/KTC_A&F_ExternalReport_Final.pdf Shelf Number: 149720 Keywords: Consumer ProductsForced LaborHuman Rights AbusesHuman TraffickingMigrant WorkersModern SlaveryRetail IndustrySupply Chains |
Author: KnowTheChain Title: How food and beverage companies tackle forced labor risks in sugarcane supply chains Summary: Sugarcane is one of the largest agricultural commodities in the world. It can be found in everyday food items such as cereals, yogurts, and ready-made pizzas, and in beverages such as soft drinks, sports drinks, and flavored coffees. Sugarcane is typically manually harvested, often by migrants and rural workers with little education-in Brazil, more than 25% of the rural population work in sugarcane supply chains. Sugarcane workers face hazardous working conditions, long working hours in isolated workplaces, low wages, and even forced labor. Food and beverage companies face major risks in sourcing sugarcane, given this commodity has been found to be produced by forced labor in Brazil and India, the two largest sugarcane producers in the world. This case study assesses how a sample of 10 companies address forced labor risks across their sugarcane supply chains, finding that, while some companies have assessed risks and set targets, all companies in the case study need to improve significantly-in particular to provide grievance mechanisms and remedy. For the purpose of this report, the term "sugar" has been used where sources refer to sugarcane and may also refer to sugar beets. This study follows KnowTheChain's first food and beverage benchmark completed in 2016, which found a lack of transparency and adequate action to address forced labor in commodity supply chains such as sugarcane, where risks have been documented. We compared the disclosed policies and practices of the 10 companies and examined additional information provided through a questionnaire, which was developed in consultation with global and local stakeholders. Eight of the companies responded to the questionnaire, which represents a notable increase from the 2016 benchmark, when less than half of the companies provided additional disclosure. Key findings on the 10 companies in our case study include: - All companies disclose where at least some parts of their sugarcane supply chains are located. Coca-Cola discloses a map that highlights all sourcing countries for its key commodities. However, the company did not follow through on its commitment from 2013 to disclose the names of all its direct sugarcane suppliers within three years. Wilmar is the only company that discloses a list with names and addresses of its sugar suppliers. - All companies should take concrete follow-up steps at the country level. However, we found steps taken at that level are limited. PepsiCo, Coca-Cola, Nestle, and ABF are the only companies making efforts to understand and assess forced labor risks in their sugarcane supply chains at the country level. While most companies have a grievance mechanism in place, it is unclear whether the mechanisms are communicated to and used by suppliers' workers. Further, no company was able to provide an example of remedy provided to workers in their sugarcane supply chains. - Most companies recognize the need to significantly increase their efforts to improve working conditions in their sugar supply chains and have committed to implement or strengthen sustainable sugar sourcing, which includes efforts to prevent forced labor. Notably, Nestle has set time-bound targets for salient labor issues which include, for example, working with suppliers to promote the right of workers to establish and join trade unions. Details: San Francisco: KnowTheChain, 2017. 34p. Source: Internet Resource: Accessed April 6, 2018 at: https://knowthechain.org/wp-content/uploads/KTC-SugarcaneReport-Final_August-2017.pdf Year: 2017 Country: International URL: https://knowthechain.org/wp-content/uploads/KTC-SugarcaneReport-Final_August-2017.pdf Shelf Number: 149721 Keywords: Consumer Products Forced Labor Human Rights AbusesHuman Trafficking Modern Slavery SugarcaneSupply Chains |
Author: European Commission Title: Report on the progress made in the fight against trafficking in human beings (2016) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims Summary: This paper complements the first European Commission Report on the progress made in the fight against trafficking in human beings as required under article 20 of Directive 2011/36/EU (hereafter "the Report"). It aims to provide a factual overview of the main current trends, actions, and statistical data on trafficking in human beings in the EU, as reported by Member States, civil society and international organisations. The paper elaborates in detail on the measures reported by the Member States to address trafficking in human beings, and additionally takes into consideration actions implemented by the European Commission and other relevant stakeholders in the context of the EU Strategy towards the eradication of trafficking in human beings 2012-2016 (hereafter "the EU Strategy"). A key focus of the EU Strategy has, in fact, been on developing concrete actions to support the implementation of the Anti-trafficking Directive by complementing the work done by the Member States. The EU Strategy actions are based on five priorities: identifying, protecting and assisting victims of trafficking; stepping up the prevention of trafficking in human beings; increased prosecutions of traffickers; enhanced coordination and cooperation among key actors and policy coherence; and increased knowledge of - and effective response to - emerging concerns related to all forms of trafficking in human beings. The paper elaborates on the topics presented in the Report in selected areas of the 'three Ps', prosecution (with focus on financial investigations), protection (with focus on the setting up of national referral mechanisms) and prevention (with focus on actions taken by Member States to prevent the crime as provided by Article 18 of the Anti-trafficking Directive). Furthermore, the paper takes into account the key EU policy framework in addressing trafficking in human beings, including: the European Agenda on Migration ; the European Agenda on Security ; the EU Action Plan against migrant smuggling 2015-2020 ; the Action Plan on Human Rights and Democracy 2015-2019 ; the new framework for the EU's activities on gender equality and women's empowerment in EU's external relations for 2016-2020 and the Strategic engagement of the EU for gender equality 2016-2019. The first section of this Staff Working Document describes the methodology and information sources used for drafting both the Report and this document. The following sections mirror the structure of the Report by providing detailed and factual elements on: trends in trafficking in human beings; results of specific anti-trafficking actions; and statistical data provided by the Member States. Details: Brussels: European Commission, 2017. 97p. Source: Internet Resource: Accessed April 20, 2018 at: http://humantraffickingsearch.org/wp-content/uploads/2017/08/commission_report_on_the_progress_made_in_the_fight_against_trafficking_in_human_beings_2016_swd_en.pdf Year: 2016 Country: Europe URL: http://humantraffickingsearch.org/wp-content/uploads/2017/08/commission_report_on_the_progress_made_in_the_fight_against_trafficking_in_human_beings_2016_swd_en.pdf Shelf Number: 149867 Keywords: Human Rights AbusesHuman SmugglingHuman TraffickingIllegal MigrationMigrant Smuggling |
Author: Human Rights Watch Title: A Bitter Harvest: Child Labor and Human Rights Abuses on Tobacco Farms in Zimbabwe Summary: Zimbabwe is the world's sixth-largest tobacco producer, and the crop is the country's most valuable export commodity, generating US$933 million in 2016. Human RightsWatch found child labor and human rights abuses on tobacco farms in Zimbabwe risk undermining the sector's contributions to economic growth and improved livelihoods. A Bitter Harvest-based on interviews with 125 people working in tobacco farming-documents how children work in hazardous conditions on tobacco farms in Zimbabwe, often performing tasks that threaten their health and safety or interfere with their education. Child workers are exposed to nicotine and toxic pesticides, and many suffer symptoms consistent with nicotine poisoning from handling tobacco leaves. Adults working on tobacco farms in Zimbabwe also face serious health risks and labor exploitation. The government and companies have not provided small-scale farmers and hired workers with enough information, training, and equipment to protect themselves from nicotine poisoning and pesticide exposure. Employers on some large-scale farms push hired workers to work excessive hours without overtime compensation, and deny or delay their wages, forcing workers to go weeks or months without pay. Tobacco grown in Zimbabwe is purchased by some of the largest multinational tobacco companies in the world. Human Rights Watch urges Zimbabwean authorities and tobacco companies to take urgent steps to end child labor and address the human rights abuses faced by small-scale farmers and hired workers sustaining the tobacco industry Details: New York: HRW, 2018. 113p. Source: Internet Resource: Accessed May 30, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/zimbabwe0418_web_2.pdf Year: 2018 Country: Zimbabwe URL: https://www.hrw.org/sites/default/files/report_pdf/zimbabwe0418_web_2.pdf Shelf Number: 150385 Keywords: Child LaborChild MaltreatmentHuman Rights AbusesTobacco Industry |
Author: Big Brother Watch Title: Face Off: The lawless growth of facial recognition in UK policing Summary: Facial recognition has long been feared as a feature of a future authoritarian society, with its potential to turn CCTV cameras into identity checkpoints, creating a world where citizens are intensively watched and tracked. However, facial recognition is now a reality in the UK - despite the lack of any legal basis or parliamentary scrutiny, and despite the significant concerns raised by rights and race equality groups. This new technology poses an unprecedented threat to citizens' privacy and civil liberties, and could fundamentally undermine the rights we enjoy in public spaces. Police forces in the UK have rolled out automatic facial recognition at a pace unlike any other democratic nation in the world. Leicestershire Police, South Wales Police and the Metropolitan Police have deployed this technology at shopping centres, festivals, sports events, concerts, community events - and even a peaceful demonstration. One police force even used the surveillance tool to keep innocent people with mental health issues away from a public event. In this report, we explain how facial recognition technology works, how it is being used by police in the UK, and how it risks reshaping our rights. We are seeking to raise awareness of this growing issue with parliamentarians and inform the wider public about what is happening behind the cameras. In this report, we: - Reveal new statistics following a series of freedom of information requests, exposing the shocking inaccuracy and likely unlawful practices within a number of police forces using automated facial recognition; - Analyse the legal and human rights implications of the police's use of facial recognition in the UK; - Review the evidence that facial recognition algorithms often disproportionately misidentify minority ethnic groups and women; - Present guest contributions from allies worldwide warning about the impact of facial recognition on rights, including contributions from representatives of American Civil Liberties Union, Electronic Frontier Foundation, Georgetown Privacy Centre, and the Race Equality Foundation; We conclude by launching our campaign against the lawless growth of facial recognition in the UK, supported by rights groups, race equality groups, technologists, lawyers and parliamentarians. Details: London: Big Brother Watch, 2018. 56p. Source: Internet Resource: Accessed May 30, 2018 at: https://bigbrotherwatch.org.uk/wp-content/uploads/2018/05/Face-Off-final-digital-1.pdf Year: 2018 Country: United Kingdom URL: https://bigbrotherwatch.org.uk/wp-content/uploads/2018/05/Face-Off-final-digital-1.pdf Shelf Number: 150405 Keywords: Criminal EvidenceCriminal IdentificationFacial RecognitionHuman Rights AbusesPolice TechnologyPrivacy |
Author: Campbell, Alastair P. (Lord Bracadale) Title: Independent Review of Hate Crime Legislation in Scotland: Final Report Summary: Lord Bracadale was appointed by Scottish Ministers in January 2017 to conduct an independent review of hate crime legislation in Scotland. He was asked to consider: - the current law and consider how well it deals with hate crime behaviour - whether new statutory aggravations should be created for example in relation to age and gender - whether the religious statutory aggravation is fit for purpose or should be expanded - whether we should make hate crime laws simpler by bringing them all together in one place - any issues or gaps in the framework for hate crime laws and to make sure that hate crime laws are compatible with laws that protect human rights and equality Lord Bracadale's report provides his recommendations which are based on evidence and what he has learnt from a wide range of people about their experiences of hate crime and the impact that this can have on individuals and communities. Lord Bracadale's report considers: - Whether hate crime laws are needed - What is working well under the current system and should be retained - What should be changed and what the benefit would be - What policy and procedural developments are underway or planned Details: Edinburgh, Scottish Government, 2018. 148p. Source: Internet Resource: Accessed June 8, 2018 at: http://www.gov.scot/Resource/0053/00535892.pdf Year: 2018 Country: United Kingdom URL: http://www.gov.scot/Resource/0053/00535892.pdf Shelf Number: 150512 Keywords: Bias-Motivated CrimeHate CrimeHate Crime LegislationHuman Rights Abuses |
Author: Urgent Action Fund of Latin America Title: Impunity for violence against women defenders of territory and nature in Latin America Summary: The Regional Report Impunity for Violence Against Women Defenders of Territory, Common Goods, and Nature in Latin America reflects the collective effort of the Urgent Action Fund for Latin America and the Caribbean - UAF-LAC, together with fourteen organizations committed to the promotion and defense of women's human and environmental rights and the integral protection of women activists and communities that confront the extractivist model in Latin America. As they confront not only powerful economic and political interests, but the systematic and specific violence against them, women environmental activists face particular risks, threats and attacks, such as sexual violence and other gender-related offenses. However, documentation on this issue is insufficient and lacks of a feminist and intersectional approach. For this reason, we have documented the situation of thirteen activists from nine countries, subjected to individual and collective criminal charges, threats, attacks, and other forms of harassment, up to the most extreme form of repression-physical extermination in the form of femicide. These cases show the alarming situation of women defenders, their fight against impunity for the attacks they receive and the judicial operator's lack of recognition of the standards to be used against impunity. Impunity involves much more than an absence of punishment in criminal acts. It implies that there is no due legal process, or that the law has not been consistently applied, that victims do not know the truth about the attacks they suffered and do not have access to reparations. Therefore, it implies that the State does not adopt measures to prevent their repetition. It installs terror and hopelessness in communities and organizations and ensures a reproduction of privilege and injustice in all of its dimensions and a continuity of the status quo. From a feminist perspective, in our region perpetuation of this phenomenon is due to the following conditions a) the collusion between the State and companies[3]; b) the continuum and spirals of gender-based violence; c) structural racism, that implies double discrimination against indigenous and afro-descendant activists; d) the absence of recognition for women defenders' work which diminishes the importance of identifying the context in which these crimes occur and the intellectual authors and d) the deficiency of effective protection mechanisms for women defenders that take on account their specific vulnerability, including violence inside their communities and organizations. Based on the cases, we highlight some alarming facts. For environmental WHRDs justice has two sides: on one hand there is a systematic absence of diligent investigation; usually, the complaints lodged by women defenders are dismissed and not continued; on the other hand, justice operates diligently to criminalize and neutralize them. Furthermore, there is a worrying incompetence of officials to address women activists' complaints about sexual violence that contrasts with the frequency which with this type of violence is exercised by different state agents against women defenders. Finally, we alert about the lack of investigations, and the fact that, when they occur, they are usually conducted based on misogynist and racist stereotypes. With this joint work we want to honor and dignify the legacy of resistances of those women who care for and protect territory and nature in Latin America. We want to amplify their voices and demands and broaden the support and commitment of states, regional and international human rights protection bodies and civil society to ensure women defenders' lives, integrity and sustainable activism. Details: Bogota, Colombia: The Action Fund, 2018. 61p. Source: Internet Resource: Accessed June 14, 2018 at: http://docs.wixstatic.com/ugd/b81245_c0178ea8a0ea4db3b6de6629dea7c6db.pdf Year: 2018 Country: Latin America URL: http://docs.wixstatic.com/ugd/b81245_c0178ea8a0ea4db3b6de6629dea7c6db.pdf Shelf Number: 150543 Keywords: Femicide Gender-Based Violence Harassment Human Rights AbusesSexual Violence Violence Against Women |
Author: Inter-American Commission on Human Rights Title: Report regarding grave rights violations implicated in family immigration detention at the Karnes County Detention Center Summary: The Karnes County Residential Center (Karnes), located in Karnes City, Texas, is an immigration detention center, which currently holds 535 mothers and children, almost all of whom are asylum-seekers from Central American countries. Karnes is the newest of three immigration detention centers in the U.S. detaining women and their children-the other two are in Artesia, New Mexico, and Leesport, Pennsylvania. Both the Artesia and Karnes facilities opened during the summer of 2014. The government has plans to expand family detention further with the opening of a 2400-bed family detention center in Dilley, Texas in November 2014. These detention centers represent the first effort at widespread immigration detention of families since 2009 when the government shut down family detention at the problem-ridden T. Don Hutto Detention Center in Taylor, Texas. The situation at the Karnes facility demonstrates that family detention is a colossal mistake, which implicates numerous human rights violations under international law and civil rights violations under domestic law. At Karnes, the government detains women and their children needlessly, even when they pose no danger or flight risk that cannot be addressed through measures such as release on bond. Families remain detained even after they pass an initial screening interview demonstrating that they have viable asylum claims. They can remain detained for months, pending their asylum proceedings in Immigration Court. Detention drastically reduces these families' ability to obtain and access counsel and effectively present their asylum claims. In addition, the Karnes detention center is a secure facility, meaning detained women and their children cannot leave. Moreover, the facility has many characteristics of criminal detention, such as regular body counts. Karnes detains children as young as three months old, and despite housing over 200 children, the facility is not licensed as a residential home for children. Facility staff is not trained in childcare or the special needs of asylum-seekers. Adequate mental and physical health services are not available. International human rights bodies have already condemned the detention of asylumseeking families in the United States. Yet, despite growing documentation of abuses and harsh conditions, and despite international and domestic laws that forbid or limit the detention of asylum-seekers and children, the government obstinately insists on expanding family detention. This report describes the process by which women and children came to be detained at the Karnes facility, and some of the challenges they face with respect to detention and the ability to pursue their asylum cases. The report then summarizes the relevant international and domestic protections that relate to the detention of asylum-seekers and immigrant children at Karnes. Finally, this report sets forth the numerous ways in which family detention at Karnes violates international and domestic human rights and civil rights protections for the women and children held behind bars. Details: Austin, TX: University of Texas School of Law, 2014. 78p. Source: Internet Resource: Accessed June 18, 2018 at: https://law.utexas.edu/wp-content/uploads/sites/11/2015/04/2014-10-IC-IACHR_Karnes_Report.pdf Year: 2014 Country: United States URL: https://law.utexas.edu/wp-content/uploads/sites/11/2015/04/2014-10-IC-IACHR_Karnes_Report.pdf Shelf Number: 150575 Keywords: Asylum Seekers Human Rights AbusesIllegal Immigrants Immigrant Detention Immigrants Immigration Enforcement |
Author: LeBaron, Genevieve Title: The Global Business of Forced Labour: Report of Findings Summary: The era of globalisation has been characterised by a growth of the world's biggest retail and brand companies, coupled with a deepened concern regarding the presence of forced labour in global supply chains. Indeed, one of the gravest and growing risks that brand companies face is the use of forced labour, human trafficking, or other illegal labour practices within their supply chain. Research on this topic has focused almost entirely on the big brand businesses at the top of the supply chain, rather than the worksites that actually deploy and manage forced labour and exploitation, which usually involve much smaller and more informal business actors. However, the overwhelming and singular focus on multi-national corporations (MNCs) at the top of supply chains has hindered our understanding of some of the broader patterns surrounding the business dynamics of forced labour in the global economy. Designed to address this gap, the Global Business of Forced Labour project is a first-of-its kind international research study investigating the business models of forced labour in global agricultural supply chains. The project has systematically mapped the business of forced labour, focusing on case studies of cocoa and tea supply chains. Through extensive primary research in the cocoa industry in Ghana and the tea industry in India and with domestic and international business actors, the project generated an original dataset that sheds light on the drivers and patterns of forced labour in agricultural supply chains feeding UK markets. This dataset includes in-depth interviews with over 120 tea and cocoa workers, a survey of over 1000 tea and cocoa workers, and over 100 interviews with business and government actors. Summary of Findings Business of Forced Labour There is a coherent pattern of labour exploitation including forced labour at the base of global tea and cocoa supply chains. Tea and cocoa businesses profit from forced labour and exploitation in two main ways: Employers use forced labour to reduce their costs of doing business. Our research uncovers that employers systematically under-pay wages and under-provide legally-mandated essential services for workers. Employers are legally required to provide basic services for tea workers on permanent contracts and their families. However, our study found that 47% of tea workers do not have access to potable water and 26% do not have access to a toilet. Workers also reported being charged by employers for services like electricity but not receiving these. In the cocoa industry, employers seek to cut costs through a complex system of financial calculations, including fines (e.g. for failing to carry out mandatory unpaid labour), fees (e.g. for obtaining a job on a cocoa farm), and deductions (e.g. for costs of inputs like pesticides and safety equipment) to systematically under-pay workers and create situations of debt bondage. In both industries, these widespread forms of exploitation are also sometimes accompanied by physical violence, threats, verbal abuse, and/or sexual violence. Employers use forced labour to generate revenue. In the tea industry, employers seek to generate revenue by lending money or providing services to workers and charging high interest on debts, thus engendering situations of debt bondage. Situations of debt bondage are closely linked to the under-provision of services; most tea workers reported borrowing money to pay for food or medical care (which employers are legally required to provide). In the cocoa industry, employers seek to profit by forcing workers to carry out additional labour beyond the agreed terms and conditions of the work, such as working for free on the employer's other farmlands for periods as long as three months. Failure to perform this involuntary labour results in deductions from the worker's wages, fines, threats, or even dismissal. In both industries, these widespread forms of exploitation are also sometimes accompanied by physical violence, threats, verbal abuse, and/or sexual violence. Workers face severe constraints on their ability to exit exploitative tea plantations and cocoa farms. Although chocolate and tea companies are highly profitable, the tea and cocoa workers at the base of their supply chains are living far below the poverty line and are routinely subjected to abuse. According to the World Bank, the poverty line for lower middle-income countries such as Ghana and India is $3.20 (L2.35) per day. Tea workers' wages in India are as low as 25% of the poverty line amount and cocoa workers' wages are around 30% of the poverty line amount. Producers - tea plantation owners and cocoa farmers - claim they do not receive enough payment for their products to obey labour laws and pay the minimum wage. Details: Sheffield, UK: University of Sheffield, Sheffield Political Economy Research Institute, 2018. 61p. Source: Internet Resource: Accessed June 25, 2018 at: http://globalbusinessofforcedlabour.ac.uk/wp-content/uploads/2018/05/Report-of-Findings-Global-Business-of-Forced-Labour.pdf Year: 2018 Country: International URL: http://globalbusinessofforcedlabour.ac.uk/wp-content/uploads/2018/05/Report-of-Findings-Global-Business-of-Forced-Labour.pdf Shelf Number: 150650 Keywords: AgricultureBonded LaborDebt BondageForced LaborHuman Rights AbusesLabor ExploitationModern Slavery |
Author: Amnesty International Title: Shoot to Kill: Nicaragua's Strategy to Repress Protest Summary: Amnesty lnternational considers that the Nicaraguan authorities implemented and maintained a strategy of repression, sometimes intentionally involving loss of life, throughout the weeks of protest in April and May 2018. In this report, Amnesty lnternational documents how the government not only used excessive force in the context of the protests, but possibly carried out extrajudicial executions in conjunction with pro-government armed groups (parapo/iciales). Amnesty lnternational identified the use of firearms by the police and these groups, and confirmed indiscriminate attacks against protesters. The alarming number of deaths, the majority of which were caused by firearm shots to parts of the body where the injury was most likely to prove fatal (such as the head, neck or upper chest), indicates that there was an intention to shoot to kill on the part of the security forces. In addition, Amnesty lnternational identified possible acts of concealment and obstruction in investigations to cover up the grave violations committed by the state. Finally, in order to advance this repressive strategy, the government attempted to censor media outlets, promoted an official discourse of denial of the repression and its consequences and vilified protestors. Details: London: AI, 2018. 36p. Source: Internet Resource: Accessed June 29, 2018 at: https://www.amnestyusa.org/wp-content/uploads/2018/05/Nicaragua-report-ENGLISH.pdf Year: 2018 Country: Nicaragua URL: https://www.amnestyusa.org/wp-content/uploads/2018/05/Nicaragua-report-ENGLISH.pdf Shelf Number: 150737 Keywords: Demonstrations Freedom of Assembly Human Rights Abuses Police Use of Force Protests |
Author: United Nations Population Fund Title: Analysis of Legal Frameworks on Female Genital Mutilation in Selected Countries in West Africa Summary: Female genital mutilation (FGM) has been internationally recognized as a violation of the rights, health and integrity of women and girls. FGM constitutes both a result and a perpetuation of gender inequality and discrimination against women and girls, harming their lives in many ways. The global consensus on the need to eliminate all forms of FGM worldwide is clearly reflected in Sustainable Development Goal No. 5 and in several United Nations Resolutions. Although FGM prevalence in almost all countries is slowly but steadily declining, the absolute number of girls subjected to FGM is likely to grow, since most affected communities are also experiencing high population growth. We know that a legal framework that clearly outlaws FGM can support its abandonment. When a government criminalizes FGM, it sends a clear signal that the practice will no longer be tolerated. Where FGM is already socially contested, legislation can encourage those who wish to abandon it and deter those who fear prosecution. Having a national law is an important step towards ending FGM but for it to be effective, the law must be implemented and enforced. Details: Dakar: United Nations Population Fund Regional Office for West and Central Africa, 2018. 132p. Source: Internet Resource: Accessed July 9, 2018 at: https://sierraleone.unfpa.org/sites/default/files/pub-pdf/EN-UNFPA-ANALYSIS-ON-FGM_0.pdf Year: 2018 Country: Africa URL: https://sierraleone.unfpa.org/sites/default/files/pub-pdf/EN-UNFPA-ANALYSIS-ON-FGM_0.pdf Shelf Number: 150788 Keywords: Female Genital Mutilation Human Rights AbusesViolence Against Women, Girls |
Author: Australian Human Rights Commission Title: A Future Without Violence: Quality, safeguarding and oversight to prevent and address violence against people with disability in institutional settings Summary: This report examines violence against people with disability in institutional settings and gives recommendations for change. The report was commissioned by the Attorney General's Department to examine violence against people with disability in institutional settings, at a time when the disability sector is undergoing major reform with the introduction of the National Disability Insurance Scheme. The Commission undertook extensive consultations with stakeholders, advice from an Expert Reference Group, and a literature review to put forward a number of recommendations to improve safeguarding and oversight mechanisms that prevent and address violence against people with disability in institutional settings. In addition, the report argues for building the knowledge and capacity of people with disability to recognise instances of violence, understand their rights and engage with available oversight mechanisms to achieve change Details: Sydney: AHRC, 2018. 120p. Source: Internet Resource: Accessed July 31, 2018 at: https://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_report_VAPWD_2018.pdf Year: 2018 Country: Australia URL: https://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_report_VAPWD_2018.pdf Shelf Number: 150979 Keywords: Disabilities Disabled Persons Human Rights AbusesInstitutional Settings |
Author: Khalifa, S. Title: Communities Tackling Female Genital Mutilation in the UK: Best Practice Guide Summary: Female Genital Mutilation (FGM) is recognised as a severe form of violence against women and girls and a human rights violation that affects at least 200 million women and girls (UNICEF, 2016) around the world. FGM is a practice that involves changing, altering or removing part of a girl or a woman's external female genitalia without a medical or health reason. The World Health Organization has classified FGM into four major types ranging from pricking the clitoris to narrowing the vaginal opening. Despite FGM being a deeply embedded social norm with complex and various sociocultural justifications, it is a harmful and dangerous practice which can result in severe physical and mental health complications. FGM is illegal in the UK and is a form of child abuse. The FGM Act 2003 and the Prohibition of FGM (Scotland) Act 2005 made it a criminal offence to perform FGM. The Serious Crime Act 2015 has also tightened legislation on FGM and added measures to protect girls and women from undergoing the procedure. More information about FGM legislation is available in the Multi-Agency Statutory Guidance on FGM (2016). Details: London: Tackling Female Genital Mutilation Initiative and Options Consultancy Services Limited, 2016. 77p. Source: Internet Resource: Accessed August 7, 2018 at: https://www.trustforlondon.org.uk/publications/communities-tackling-female-genital-mutilation-uk-best-practice-guide/ Year: 2016 Country: United Kingdom URL: https://www.trustforlondon.org.uk/publications/communities-tackling-female-genital-mutilation-uk-best-practice-guide/ Shelf Number: 151046 Keywords: Female CuttingFemale Genital MutilationHuman Rights AbusesViolence Against Women, Girls |
Author: Arterburn, Jason Title: Dispatched: Mapping Overseas Forced Labor in North Korea's Proliferation Finance System Summary: North Korean overseas forced labor is both a proliferation finance and a human rights issue. The Kim regime sends citizens to work abroad under heavy surveillance, confiscates their wages, and uses the funds to support a nuclear program and domestic economy dependent on foreign currency. Previous research on the topic has relied heavily on anecdotal reporting and focused principally on either human rights abuses or workers in low-skilled occupations. Few reports have considered high-skilled labor in the context of North Korea's labor export program, and while some investigations have connected individual labor operations to North Korea's broader illicit portfolio, no previous studies have attempted to do so at scale across multiple industries and jurisdictions. This report extends our proven methodologies for tracking North Korea's proliferation networks to the financial relationships of people and companies that facilitate its labor export program. Details: Washington, DC: C4ADS, 2018. 66p. Source: Internet Resource: Accessed August 9, 2018 at: https://static1.squarespace.com/static/566ef8b4d8af107232d5358a/t/5b631c9b2b6a2845024e4ff5/1533222111619/Dispatched+Final-2.pdf Year: 2018 Country: Korea, North URL: https://static1.squarespace.com/static/566ef8b4d8af107232d5358a/t/5b631c9b2b6a2845024e4ff5/1533222111619/Dispatched+Final-2.pdf Shelf Number: 151092 Keywords: Forced Labor Human Rights Abuses |
Author: Project South Title: Inside Atlanta's immigrant Cages: A Report on the Conditions of the Atlanta City Detention Center Summary: Inside Atlanta's Immigrant Cages focuses on the conditions of the Atlanta City Detention Center. This report is an update to one created in 2012 titled Prisoners of Profit by the ACLU of Georgia, and a companion to a report created in 2017 titled Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers focused on the Stewart and Irwin County Detention Centers. On June 20, 2018, Atlanta Mayor Keisha Lance Bottoms announced that the Atlanta City Detention Center would temporarily stop accepting new detained immigrants from U.S. Immigration and Customs Enforcement. During the press conference following the decision, Mayor Bottoms added the caveat that Georgia's other detention centers offer "less than desirable conditions with no access, quite often, to the resources that we offer in the City of Atlanta." However as of October 2017, the Atlanta City Detention Center housed over 200 detained immigrants. These detained immigrants were subject to countless violations of international human rights and detention standards, ICE's Performance-Based National Detention Standards, and the Atlanta Department of Corrections' own operating policies. As revealed by countless personal reports from the victims of the facility's abuse, the Atlanta City Detention Center is, in fact, no model for compliance with standards, humane treatment of immigrants, or respect for human dignity. This report provides a harrowing account of the conditions at the Atlanta City Detention Center, compiled from interviews conducted with detained immigrants and the attorneys who represent them, communication with previously detained immigrants and their families, and first-hand experience from an in-person inspection of the facility. The stories of dozens of detained immigrants shed light on countless violations of their civil and human rights which are yet to be resolved, despite the city's public posture as a "welcoming city" that is fighting against the Trump's anti-immigrant platform. In this report, readers will find stories of officials confiscating the essential, personal medication of detained immigrants; bands of inmates undergoing hunger strikes to protest inedible food; officers baselessly punishing detained immigrants with solitary confinement; and corrections administrators denying immigrants of faith the most basic needs to practice their religion. These detained immigrants are denied adequate access to legal services and information, refused their fundamental due process rights, and limited from phone access by both high costs and administrative policy. Details: Atlanta: Project South, 2018. 106p. Source: Internet Resource: Accessed August 15, 2018 at: https://projectsouth.org/wp-content/uploads/2018/08/InsideATL_Imm_Cages_92_DIG.pdf Year: 2018 Country: United States URL: https://projectsouth.org/wp-content/uploads/2018/08/InsideATL_Imm_Cages_92_DIG.pdf Shelf Number: 151134 Keywords: Human Rights AbusesIllegal Immigrants Immigrant Detention Immigration Enforcement Immigration Policy Migrants Undocumented Immigrants |
Author: Penn State Law Center for Immigrants' Rights Title: Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers Summary: Project South and the Penn State Law Center for Immigrants' Rights Clinic (on its behalf) have released a report titled "Imprisoned Justice: Inside Two Georgia Immigration Detention Centers." The report is focused on the Stewart Detention Center and the Irwin County Detention Center and is based on interviews with scores of detained immigrants as well as immigration attorneys, tours of both facilities, and review of contracts and other relevant documents. The investigation was completed over the course of one year. Stewart and Irwin had previously been identified in national reports as among the worst in the country. "As the accounts in the report demonstrate, little has changed at Stewart and Irwin. Life at these facilities for detained immigrants is still a living nightmare," said Azadeh Shahshahani. "It is high time for Stewart and Irwin to be shut down." As detailed in the report, the conditions in these detention facilities are deplorable and include: threats of force-feeding for participation in hunger strikes, sexual abuse, lack of clean drinking water, lack of adequate access to legal materials or attorneys, and labor for just $1 per day. Additionally, detained immigrants report they are served rotten and spoiled food with occasional foreign particles inside. Further, detained immigrants at both facilities lack adequate medical care and mental health services are minimal. Some detained immigrants also complained of not receiving dietary accommodations for religious beliefs and practices or health concerns. The use of solitary is also rampant. Several detained immigrants reported being put in segregation for expressing suicidal thoughts or as retaliation for complaining about detention conditions. As described by one detained immigrant at Stewart who suffers from mental health issues: "Segregation is like hell. It is total isolation." Details: Atlanta: Project South, 2017. 65p. Source: Internet Resource: Accessed August 15, 2018 at: https://projectsouth.org/wp-content/uploads/2017/06/Imprisoned_Justice_Report-1.pdf Year: 2017 Country: United States URL: https://projectsouth.org/wp-content/uploads/2017/06/Imprisoned_Justice_Report-1.pdf Shelf Number: 151137 Keywords: Human Rights AbusesIllegal Immigrants Immigrant Detention Immigration Enforcement Immigration Policy Migrants Solitary ConfinementUndocumented Immigrants |
Author: Human Rights Watch Title: Harsh Punishment: The Human Toll of Georgia's Abusive Drug Policies Summary: In their effort to prevent the use and sale of illicit drugs, Georgian authorities aggressively pursue drug prosecutions, which often lead to long sentences and prohibitive fines against individuals who have committed no harm to anyone, but simply acquired small amounts of drugs for personal recreational use. The criminal justice system treats most drug consumption or possession for personal use as a criminal felony, with severe consequences. This report exposes the human costs of these policies. Harsh Punishment is based on over 85 in-depth interviews with individuals prosecuted for drug-related crimes, lawyers, family members of those prosecuted, social workers, community leaders, government officials, and nongovernmental groups. The report documents the impact of overly punitive drug laws and practices, including disproportionately harsh prison sentences and fines; abusive, mandatory drug tests; coerced plea bargains; and arbitrary additional punishments, such as stripping people of their drivers licenses or prohibiting them from working in an array of professions. Laws that criminalize drug use are inconsistent with human rights norms. Georgian authorities have partially liberalized drug policies since 2012, but they remain harsh. Human Rights Watch urges the Georgian government to decriminalize personal use and possession of all drugs. To prevent and remedy the harmful use of drugs, the authorities should rely on non-penal regulatory and public health approaches that do not violate human rights. Details: New York: HRW, 2018. 73p. Source: Internet Resource: Accessed August 17, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/georgia0818_web.pdf Year: 2018 Country: Georgia URL: https://www.hrw.org/sites/default/files/report_pdf/georgia0818_web.pdf Shelf Number: 151164 Keywords: Drug Abuse and Addiction Drug Offenders Drug Policy Human Rights AbusesIllicit Drugs |
Author: Commonwealth Human Rights Initiative Title: Decriminalising and Declassifying Petty Offences in Ghana: A Research Report Summary: Petty offences have existed as part of the criminal law of England and were incorporated in the laws of Ghana following its colonisation. Modern trends in governance, human rights and the rule of law have triggered reforms in the criminal law of a number of countries Law reform towards decriminalisation of petty offences has also been influenced by the disproportionate impact of the enforcement of such laws on the poor, disadvantaged and marginalised sections of the society. While the ills of the criminal justice system are well-documented in various studies and reports, there is no specific research conducted on the treatment of petty offences in Ghana's criminal justice discourse. The influence of the British Common Law tradition on Ghana's criminal justice system had laid heavily in ensuring a rather comprehensive codification of offences in the Criminal Offences Act, 1960 (Act 29) and other laws providing for offences. While there have been efforts in the United Kingdom to decriminalise certain acts, which appear to be minor infractions of a criminal nature, Ghana has not followed suit in identifying petty offences and decriminalising or declassifying them where necessary. It is against this background that CHRI with support from Open Society Initiative for West Africa (OSIWA) embarked on this research project to provide preliminary evidence in this uncharted area of the criminal justice system in Ghana to contribute to the ongoing efforts at reforms in the system. This would enhance and encourage the use of a more informed and holistic approach to reforming the system, rather than a skewed approach focusing largely on trial and post-trial processes and outcomes. This study shows that there is no clear definition of what constitutes a 'petty offence' in Ghana although the results show that there are indeed offences that fall into this category. While the convention delineation of offences into misdemeanours, felonies and serious offences exists in Ghana, misdemeanours (which constitute the least serious category) are not always petty offences. Indeed, there are efforts to make some of them even more serious offences, for example, corruption. The legislative trend also appears to be towards increasing the gravity of offences, rather than to lessening. Thus, the conclusion may be reached that Ghana's legal system is yet to fully engage with the concept and practice of decriminalisation and/or declassification of petty offences. The results from the data gathered point to a need for decriminalisation or declassification of certain offences. Key informants identify offences, such as petty stealing, fighting, etc as worthy of decriminalisation for reasons among which are the placing of undue pressure on the criminal justice system, such offences affecting the poor and vulnerable and providing the opportunity for law enforcement agencies to violate the basic rights of suspects. Persons who are arrested for petty offences do not always enjoy full legal protection afforded by the respect for due process rights in these circumstances. The study therefore makes the following recommendations: Nuisance offences should be decriminalised to make them tortious liability or be made statutory offences such that they are handled by the local government institutions. Alternative sanctions to imprisonment such as probation, rehabilitation, and fines should be used. Where decriminalisation is not possible, it is recommended that the offence in question is declassified and operable within the scope of Bye-laws passed by Metropolitan, Municipal and District Assemblies (MMDAs). Government should implementation a range of non-custodial sentencing measures as punishments for minor offences and restrict traditional custodial sentences to punishing more serious crimes. Law enforcement agencies should be trained on international protocols like the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and Peoples' Rights, the African harter on the Rights and Welfare of the Child and other soft law sources including the Fair Trial Principles in Africa. Details: London: CHRI, 2018. 75p. Source: Internet Resource: Accessed August 27, 2018 at: http://www.humanrightsinitiative.org/download/1529668527DECRIMINALISING%20&%20DECLASSIFYING%20PETTY%20OFFENCES%20IN%20GHANA,%20A%20RESEARCH%20REPORT.pdf Year: 2018 Country: Ghana URL: http://www.humanrightsinitiative.org/download/1529668527DECRIMINALISING%20&%20DECLASSIFYING%20PETTY%20OFFENCES%20IN%20GHANA,%20A%20RESEARCH%20REPORT.pdf Shelf Number: 151269 Keywords: Alternatives to Incarceration Criminal Law Human Rights AbusesMisdemeanors Nuisance Offenses Petty Offenses |
Author: University of Texas School of Law. Human Rights Clinic Title: Summary: he Human Rights Clinic at the University of Texas School of Law, in cooperation with the Centro Diocesano para los Derechos Humanos Fray Juan de Larios from Coahuila, Mexico, has compiled a report based on analyzed witness testimonies from three U.S. federal trials. Between 2013 and 2016, Zeta members were put on trial in Austin, San Antonio, and Del Rio for crimes of homicide, conspiracy to import drugs and weapons, and money laundering. These trials brought new information to light and corroborated information that has already been documented about Zeta operations and human rights abuses. First-hand testimonies of ex-Zeta cartel members and victims provide a more comprehensive understanding of the dire situation in Coahuila and offer a glimpse into the Zeta structure, members, and nexus with state officials and institutions. After reviewing the witness testimonies, the Clinic has determined two major findings: (1) the Zeta cartel committed numerous human rights abuses in Coahuila with impunity; (2) public institutions and officials played a role, by actions or omissions, in the commission of these abuses. Testimonies describe the nature and degree of Zeta influence over state and municipal officials and institutions. The Zetas paid bribes and integrated police officers into their hierarchy to ensure the cartel would be able to continue their illicit operations without resistance. However, the Zetas did not only influence low level state or municipal police; witnesses described a level of Zeta control which extended to city police chiefs, state and federal prosecutors, state prisons, sectors of the federal police and the Mexican army, and state politicians. Multiple witnesses described bribery payments of millions of dollars to Humberto Moreira and Ruben Moreira, the former and current governors of Coahuila, in exchange for complete control of the state. According to the testimonies, the Zetas' influence over Coahuila government operations at all levels allowed them to conduct their business throughout the state with impunity and often with direct assistance from state officials and police officers. The report also documents the human rights abuses discussed in the witness testimonies, including the large-scale disappearances and killings in March and April of 2011, during what is known as the Piedras Negras and Allende Massacres. These crimes were perpetrated in response to information that three former Zeta operatives had begun to cooperate with U.S. authorities. In retaliation, the Zetas kidnapped, killed, and disappeared over 300 people who they believed to be associated with the former Zeta operatives. According to witnesses, this brutality was not unique to these massacres. The report documents a pattern of kidnappings, killings, torture and disappearance, targeting anyone whom the Zetas believed posed a threat to their illicit operations. In order to exercise control, Zetas also targeted innocent civilians who were completely unconnected to the cartel. Witnesses described the callous manner in which the Zetas stripped victims of their humanity, killed, and disposed of their bodies. The Zetas maintained a tight grip on Coahuila through violence and intimidation tactics such as death threats and through the forced recruitment of Coahuila residents, including the recruitment of minors. It is also clear from the testimonies that witnesses were being threatened even when members of the Zetas were already in custody in the United States. The testimonies also highlight the transnational nature of drug trafficking and the violence associated with this. In particular, witnesses discussed how weapons purchased in the United States were imported to Mexico and drugs produced in Mexico were trafficked into the U.S. Zeta operations extend to various cities in the United States, including San Antonio, Houston, Austin, Eagle Pass, Chicago and Atlanta, as well as to other states, such as New Mexico, California, and Oklahoma. The Zetas supported this transnational operation through a large network of businesses, which they used to launder money and fuel their operations in the trafficking of people, guns, and drugs. The Zetas owned ranches, race tracks, and breeding facilities in the U.S. and Mexico as a part of an elaborate horse racing scheme. Aside from owning properties connected to the horse racing scheme, the Zetas also exploited numerous businesses in Mexico, such as stores, casinos, restaurants, gyms, and carwashes. These enterprises were used as safe houses, as meeting points for drug and money trafficking operations, or instruments of the money laundering operations. Witnesses explained how the Zetas paid bribes and contributed to the campaigns of governors and political candidates to secure the free continuation of their illegal operations. These bribes also ensured that Zeta-owned companies received government contracts and building permits. Further, as has been made clear from the three analyzed trials, the U.S. government possesses valuable information regarding killings, disappearances, threats, and other violations perpetrated by the Zetas. Witness testimonies and the investigations carried out for these trials include key information, such as the location where disappearances and murders occurred. This indicates that the U.S. government may currently have undisclosed information that could lead to the clarification of murders and disappearances perpetrated in Mexico. However, witnesses made clear that the Mexican state has not conducted investigations into these murders, even when the U.S. government has directly shared vital information. Mexican State officials have willfully refused to pursue justice despite having knowledge of countless human rights abuses carried out by members of the Zeta cartel. Both the Zetas and the State are responsible for the violence in Coahuila. At best, the State turned a blind eye to the widespread corruption and grave human rights abuses committed by the Zetas in Coahuila, and at worst, directly participated in the perpetration of these abuses. Details: Austin: University of Texas School of law, 2017. 56p. Source: Internet Resource: Accessed August 31, 2018 at: https://law.utexas.edu/wp-content/uploads/sites/11/2017/11/2017-HRC-coahuilareport-EN.pdf Year: 2017 Country: Mexico URL: https://law.utexas.edu/wp-content/uploads/sites/11/2017/11/2017-HRC-coahuilareport-EN.pdf Shelf Number: 151321 Keywords: CartelsHomicidesHuman Rights AbusesMexican CartelsViolenceViolent CrimeZetas |
Author: International Federation for Human Rights (FIDH) Title: Mexico Coahuila: ongoing crimes against humanity Communication to the International Criminal Court Summary: This report, along with a series of confidential annexes, will be submitted on July 6th as a communication to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) under Article 15 of the ICC Statute. It details a number of crimes committed against the civilian population in the State of Coahuila de Zaragoza, Mexico, including murder, illegal imprisonment, enforced disappearance, torture and sexual violence. The crimes detailed herein are limited to a certain number of representative cases occurring between 2009 and 2016. However, these cases are non-exhaustive and indicative of broader patterns of abuse, both in the state of Coahuila and in other regions in Mexico, pushing this situation past a matter of organised crime and into the field of crimes against humanity. The present communication to the Office of the Prosecutor of the ICC is presented by the FIDH, Familias Unidas en Busqueda y Localizacion de Personas Desaparecidas, Fuerzas Unidas por Nuestros Desaparecidos en Mexico, and Centro Diocesano para los Derechos Humanos Fray Juan de Larios, in partnership with Red Todos los Derechos Para Todas y Todos (which gathers more tan 80 non governmental organizations in Mexico), la Comision Mexicana de Defensa y Promoción de los Derechos Humanos (PDH), I(dh)eas Litigio Estrategico en Derechos Humanos, la Fundacion Para La Justicia y el Estado Democratico de Derecho, el Centro de Derechos Humanos Juan Gerardi, la Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos, las Asociadas por lo Justo, el Instituto Mexicano de Derechos Humanos and Democracia, Fundar Centro de Analisis e Investigación, Casa del Migrante de Saltillo, Pastoral Penitenciaria de Saltillo Pastoral Social de la Diocesis de Saltillo. Mexico ratified the Rome Statute on October 28, 2005. Accordingly, the ICC has subject matter jurisdiction and temporal jurisdiction over the crimes committed in Mexican territory or by Mexican nationals from January 1, 2006 forward, according to Article 2 (2) and Article 126 (2) of the Rome Statute. Our organisations respectfully request the OTP to consider this Communication according to its obligations under Article 15 of the ICC Statute by opening a preliminary examination into the situation in Mexico, with a view towards a future investigation, as there is a reasonable basis to believe that crimes within the jurisdiction of the ICC have been committed. Details: Paris: FIDC, 2017. 70p. Source: Internet Resource: Accessed August 31, 2018 at: https://www.fidh.org/IMG/pdf/angmexico_coahuila_ongoing_crimes_against_humanity_fidh-final_a_revisar-1.pdf Year: 2017 Country: Mexico URL: https://www.fidh.org/IMG/pdf/angmexico_coahuila_ongoing_crimes_against_humanity_fidh-final_a_revisar-1.pdf Shelf Number: 151511 Keywords: DisappearancesHomicidesHuman Rights AbusesOrganized CrimeSexual Violence |
Author: International Federation for Human Rights (FIDH) Title: Behind the Walls: A look at conditions in Thailand's prisons after the coup Summary: Thailand's prison population has steadily increased over the years and the country has the dubious distinction of having the largest prison population and the highest incarceration rate among Association of Southeast Asian Nations (ASEAN) member states. For more than a decade, United Nations (UN) human rights mechanisms have expressed concern over prison conditions in Thailand. Regrettably, successive Thai governments have failed to make any progress in the implementation of the UN's recommendations and to uphold their own commitments to improve prison conditions. In addition, since the 2014 military coup, Thailand's junta has enforced measures that have caused conditions in the prisons to deteriorate. The junta also increased the use of military facilities to detain civilians. As documented in this report, Thailand's ongoing failure to enact a comprehensive prison reform has created conditions for human rights violations to be rife in its prison system in breach of the country's obligations under international instruments to which it is a state party. The Thai Department of Corrections' motto, 'Caring Custody, Meaningful Rehabilitation, International Standard Achievement', could not be further from the reality of the Thai prison system. Research conducted by FIDH and UCL on two large prisons in Bangkok suggests that Thailand's prison conditions fail to meet international standards and to create an environment conducive to the rehabilitation of prisoners. Overcrowding remains the most pressing issue in Thai prisons. Thailands average yearly prison population has steadily increased over the years and, aside from the periodic royal amnesties, no other effective and sustainable measures have been adopted to significantly reduce the population. Based on a standard to provide a surface area per prisoner of 2.25m , available official statistics representing 74% of Thailand's prisons and 91% of its overall prison population show that these prisons are operating with a prison population of more than double the intended capacity - with an occupancy level of 224%. Inadequate access to medical treatment, insufficient food and potable water, and poor sanitation facilities continue to plague the prisons examined in this report. It is likely that similar conditions exist in other prisons across Thailand. Medical care and special arrangements for pregnant women are particularly lacking. Prisoners are often subjected to exploitative labor practices characterized by harsh working conditions and insufficient remuneration. Punishment in prisons contravenes international standards and, in some cases, may amount to torture and ill-treatment. Prisoners' statements indicate that restraining devices, such as shackles, have been excessively used. Finally, inmates have reported unreasonable restrictions placed on visits and correspondence with family and friends. While procedures for making complaints exist, prisoners are afraid to lodge complaints out of fear of retaliation at the hands of prison officials. The situation has not improved since the 22 May 2014 military coup. Under the National Council for Peace and Order (NCPO) access to prisons has become more difficult. In addition, based on interviews with former prisoners and families of current inmates, FIDH and UCL were able to document that prison authorities have enforced stricter prison regulations and further curtailed prisoners' rights. Of particular concern is the increased use of military bases to detain civilians, which do not afford detainees many of their basic rights. The use of the Nakhon Chaisri temporary detention facility inside the 11th Army Circle base in Bangkok illustrates this trend. Since the establishment of Nakhon Chaisri less than two years ago, there has been a lack of access for independent monitors, two custodial deaths, and allegations of torture have surfaced. This report recommends numerous measures to improve detention conditions, including providing independent inspection bodies unfettered access to all prisons and allowing non-governmental organizations with a relevant mandate to conduct visits to places of detention, interview inmates, and assess conditions without undue hindrance. Details: Paris: FIDH, 2017. 44p. Source: Internet Resource: Accessed September 4, 2018 at: https://www.fidh.org/IMG/pdf/rapport_thailand_688a_web.pdf Year: 2017 Country: Thailand URL: https://www.fidh.org/IMG/pdf/rapport_thailand_688a_web.pdf Shelf Number: 150332 Keywords: Human Rights AbusesPrisonPrison AdministrationPrison ConditionsPrisoners |
Author: Council of Europe Title: Female Genital Mutilation and Forced Marriage Summary: Female genital mutilation and forced marriage are regarded as among the most serious human rights violations against women and girls as well as violations of the rights of the child: Stop violence against women and girls! Female genital mutilation and forced marriage are human rights violations and grave forms of violence against women and girls. Since these violations often occur during childhood, they also constitute a violation of children's rights. The fight against these practices is founded on a rights-based approach and an integrated policy which addresses the larger systemic issues at play in society that breed such forms of violence, gender inequality and discrimination. The Declaration of the Committee of Ministers on the need to step up efforts to prevent and combat female genital mutilation and forced marriage in Europe calls on member States to fully recognise these practices as human rights violations which concern European States, and to this end to develop national action plans and strategies, and to promote exchanges of practices in order to fight against these human rights affronts. The Guide to good and promising practices aimed at preventing and combating female genital mutilation and forced marriage aims at providing strategic guidance on the standards, principles, features and characteristics of the necessary integrated response to end these practices. In support of these elements the Guide also outlines selected current initiatives being taken by a number of Council of Europe member States in preventing, combating and addressing the effects of female genital mutilation and forced marriage. Details: Strasbourg: Council of Europe, 2018. 150p. Source: Internet Resource: Accessed September 7, 2018 at: https://edoc.coe.int/en/violence-against-women/7616-female-genital-mutilation-and-forced-marriage.html Year: 2018 Country: Europe URL: https://edoc.coe.int/en/violence-against-women/7616-female-genital-mutilation-and-forced-marriage.html Shelf Number: 151420 Keywords: Female Genital Cutting Female Genital Mutilation Forced Marriage Human Rights AbusesViolence Against Women, Girls |
Author: Global Detention Project Title: Immigration Detention in Libya: "A Human Rights Crisis" Summary: Libya is notoriously perilous for refugees, asylum seekers, and migrants, who often suffer a litany of abuses, including at the country's numerous detention facilities. Conditions at these facilities, many of which are under the control of militias, are deplorable. There are frequent shortages of water and food; over-crowding is endemic; detainees can experience physical mistreatment and torture; forced labour and slavery are rife; and there is a stark absence of oversight and regulation. Nevertheless, Italy and the European Union continue to strike controversial migration control deals with various actors in Libya aimed at reducing flows across the Mediterranean. These arrangements include equipping Libyan farces to "rescue" intercepted migrants and refugees at sea, investing in detention centres, and paying militias to control migration. KEY CONCERNS Refugees, asylum seekers, and migrants are regularly exposed to indefinite detention in centres run by the Interior Ministry's Department for Combating Illegal Immigration or local militias; Detention conditions across the country are a matter of "grave concern," according to the UN, as detainees are forced to live in severely overcrowded facilities with little food, water, or medical care, and suffer physical abuse, forced labour, slavery, and torture; The automatic placement of asylum seekers and migrants intercepted at sea in detention centres places them at risk of human rights abuses, which could be attenuated by expanding the use of shelters and other non-custodial measures that have been proposed by international experts; There do not appear to be any legal provisions regulating administrative forms of immigration detention and there is an urgent need for the country to develop a sound legal framework for its migration polices that is in line with international human rights standards; There is severely inadequate data collection by national authorities concerning the locations and numbers of people apprehended by both official agencies and non-state actors; Women and children are not recognised as requiring special attention and thus they remain particularly vulnerable to abuse and ill-treatment, including rape and human trafficking; Italy and the European Union continue to broker deals with various Libyan forces to control migration despite their involvement in severe human rights abuses and other criminal activities. Details: Geneva, Switzerland: Global Detention Project, 2018. 54p. Source: Internet Resource: Accessed September 8, 2018 at: https://www.globaldetentionproject.org/countries/africa/libya Year: 2018 Country: Libya URL: https://www.globaldetentionproject.org/immigration-detention-in-libya-a-human-rights-crisis Shelf Number: 151434 Keywords: Asylum SeekersHuman Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigrantsImmigrationImmigration DetentionImmigration EnforcementRefugees |
Author: Comision Mexicana de Defensa y Promocion de los Derechos Humanos Title: Violaciones graves a derechos humanos en la guerra contra las drogas en Mexico (Human rights violations in the context of the war on drugs in Mexico) Summary: Prohibition policies regarding drugs have failed in their goal of achieving a "drug-free world" and have forced the drug market to remain illegal. This has triggered an illicit market, exclusively controlled by organized crime cartels, who have created links to other criminal markets and use violence as a primary form of regulation. In December 2006, former President Felipe Calderon Hinojosa (2006-2012) launched an open confrontation strategy against organized crime locally known as guerra contra el narcotrafico and known internationally as the war on drugs. This policy set de facto military control over the country's public security through the deployment of thousands of troops throughout the national territory and the replacement of multiple civil government leaders of public security institutions at all levels by active and retired military elements. An example of this is the fact that elements of the military and federal, state and municipal police forces systematically transfer arrested civilians to military or exclusive control facilities, where without any monitoring of civil authorities, detainees suffer ill treatment, torture and even enforced disappearance. It has also been documented how in joint operations with civilian authorities, military elements dress in civilian clothing. The press and mass media have systematically spread the federal government's vision, where people who are killed as a result of the strategy against organized crime are not civilians but "fallen criminals", without any prior investigation and despite the fact that in many cases it was subsequently proven that they did not belong to any group or organized crime and posed no "threat" to society. Additionally, the violent confrontation of civil public security and armed forces against organized crime groups has increased. The cartels' territorial division was disbanded, the fight for drug distribution routes intensified and large cartels were fragmented into smaller groups that fought for territorial control, diversifying their criminal activity. Likewise, there has been indiscriminate use of lethal force and an unjustifiable extension of State powers, through the adoption of laws and figures, such as arraigo (pre-charge judicial detention) and protected witnesses, which operate to the detriment of judicial rights and guarantees. In 2012 the administration of President Enrique Pena Nieto began. The discourse of war promoted by the Calderon administration was replaced by one of institutional strengthening and building a full rule of law. However, the security strategy has not changed significantly. As a result of the inertia of these strategies, Mexico has accumulated alarming numbers of dead, enforced disappeared and displaced persons, and as a result of the widespread violence there has been an increase in corruption and impunity. Details: Del. Cuauhtemoc, Mexico: PDH, 2016?. 28p. Source: Internet Resource: Accessed September 18, 2018 at: https://www.pdh.org/publicaciones-pdf/pdh-violaciones-graves-a-ddhh-en-la-guerra-contra-las-drogas-en-mexico.pdf Year: 2016 Country: Mexico URL: https://www.pdh.org/publicaciones-pdf/pdh-violaciones-graves-a-ddhh-en-la-guerra-contra-las-drogas-en-mexico.pdf Shelf Number: 151591 Keywords: Drug TraffickingDrug-Related ViolenceHuman Rights AbusesIllicit MarketsOrganized CrimeWar on Drugs |
Author: Carrera, Sergio Title: Offshoring Asylum and Migration in Australia, Spain, Tunisia and the US: Lessons learned and feasibility for the EU Summary: This report examines the feasibility of extra-territorial processing of asylum and migration management for the EU. Based on a comparative account of past and current experiences of extra-territorialisation of asylum processing and migration policies in Australia, Spain, Tunisia, and the US, the Report draws 'lessons learned' and identifies key challenges from the perspective of their effectiveness. The findings highlight how external processing of asylum applications is politically, legally and operationally unfeasible and ineffective for the EU. It would pose profound challenges to EU and Member States' rule of law and human rights obligations. Past and current policies outsourcing protection obligations to third countries often amount to extra-legal processes as well as violations of the principle of non-refoulement and of the prohibition of arbitrary detention under inhuman and degrading conditions. The research findings show that extraterritorial actions of the EU and its Member States abroad would fall to varying degrees under EU and domestic judicial, administrative and financial accountabilities which present strong potentials for bringing portable justice to potential victims of human rights violations. In this way, this report contributes to and suggests ways forward in creative legal thinking to close any loopholes inherent to ideas on extraterritorial asylum processing and migration management for the EU. Details: Brussels: Centre for European Policy Studies, 2018. 100p. Source: Internet Resource: Accessed September 20, 2018 at: https://www.ceps.eu/publications/offshoring-asylum-and-migration-australia-spain-tunisia-and-us Year: 2018 Country: Europe URL: https://www.ceps.eu/publications/offshoring-asylum-and-migration-australia-spain-tunisia-and-us Shelf Number: 151595 Keywords: Asylum Seekers Human Rights AbusesImmigrants Immigration Policy |
Author: Ramsey, Geoff Title: Reponding to an Exodus: Venezuela's Migration and Refugee Crisis as Seen From the Colombian and Brazilian Borders Summary: As the political, social, and economic crisis in Venezuela worsens, more and more Venezuelans are fleeing their country. Countries across South America are responding to the exodus, and the international community is increasingly looking for opportunities to support humane responses on the ground, particularly in neighboring Colombia and Brazil. Since the start of FY2017, the United States committed roughly $56 million in funding to governments and non-governmental groups in the regional response to Venezuela's exodus, and has pledged to continue offering support. In a new report by research and advocacy group the Washington Office on Latin America (WOLA), Responding to an Exodus: Venezuela's Migration and Refugee Crisis as Seen From the Colombian and Brazilian Borders, WOLA experts Geoff Ramsey and Gimena Sanchez-Garzoli offer an overview of the mixed response so far. The report draws from extensive documentary research conducted by WOLA's Colombia and Venezuela programs over the last decade, as well as a 10-day visit to the Venezuelan border with Colombia and Brazil in April, 2018. The main findings and urgent policy recommendations in the report include: Regulations and policies imposed by the Colombian government have made it difficult for Venezuelans to access much-needed humanitarian aid. This includes access to shelter, medical care, social programs, and employment opportunities essential to mitigating the risk that Venezuelans may become vulnerable to recruitment by armed criminal groups active along the border. The United States and the international community should call on Colombia to improve access to these humanitarian services, and likewise ensure that the civil society groups and international organizations responding to the crisis receive the support needed to ensure a humanitarian response to Venezuela's migration crisis. Brazil has adopted a more humane response to the flow of Venezuelan migrants, but the country's reliance on the military, rather than civilian agencies, is a major concern. Brazilian security forces are rarely held accountable for abuses against civilians, and given the already vulnerable status of Venezuelan migrants, placing the armed forces in charge of responding to the crisis raises serious human rights concerns.. The United States and the international community should call on Brazil to end its reliance on the armed forces as the primary facilitator of the national government's response to Venezuelan migrants, and transfer all responsibilities that do not involve logistics or transportation to civilian agencies responsible for documentation, health, and social services. The lack of documentation for Venezuelan migrants and refugees has created special challenges for those seeking to formalize their immigration status. Due to the ongoing crisis, it is difficult for most Venezuelans to obtain basic, up-to-date documentation (such as official IDs or passports) necessary for travel and, in most countries, to formally apply for residency or protected status. By implementing regulations that require Venezuelans to show documentation in order to access shelter or other services, Colombia has done little to deter Venezuelans from crossing the border into their country, and instead has only forced them into a more vulnerable position. Details: Washington, DC: Washington Office on Latin America, 2018. 28p. Source: Internet Resource: Accessed September 24, 2018 at: https://www.wola.org/wp-content/uploads/2018/07/Final-VZ-Migration-Report-Final.pdf Year: 2018 Country: Venezuela URL: https://www.wola.org/wp-content/uploads/2018/07/Final-VZ-Migration-Report-Final.pdf Shelf Number: 151655 Keywords: Human Rights AbusesMigrants Migration Refugees |
Author: Smulders, Annemijn Title: Burying the Blades: Can the Goal programme Help Discontinue Female Genital Mutilation and Cutting in North-Eastern Kenya? Summary: In the light of international efforts to bring Female Genital Mutilation and Cutting (FGM/C) to an end, this study aimed to investigate to which extent the Goal programme of Women Win can help to discontinue FGM/C in North-Eastern Kenya. First, a literature review was conducted to find factors which are positively associated with the discontinuation of the practice. Secondly, factors that were represented in the programme were extracted. Represented factors included the encouragement of a (a) high level of autonomy and (b) high SES of individuals, as well as the attention for (c) women empowerment, (d) gender rights discussion, (e) health consequences of FGM/C, and (f) the potential of individuals to become role models. Thirdly, the six factors were assessed for their effectiveness, using survey data of 11 countries that implemented the programme in 2017. It can be concluded that the Goal programme can be regarded as a promising intervention for the discontinuation of FGM/C in North-Eastern Kenya, as it empowers participants to be role models and make well-informed and autonomous life choices with regard to gender rights, sexual and reproductive health and rights, as well as financial management. However, several adaptations for the programme are recommended to increase its potential. Main recommendation is to not only target at the at-risk group of girls, but also involve the community to achieve social norm change and bury the blades forever. Details: Utrecht: Utrecht University, 2018. 50p. Source: Internet Resource: Thesis: Accessed October 23, 2018 at: https://dspace.library.uu.nl/handle/1874/368203 Year: 2018 Country: Kenya URL: https://dspace.library.uu.nl/handle/1874/368203 Shelf Number: 153062 Keywords: Female Genital Cutting Female Genital Mutilation Human Rights AbusesViolence Against Women, Girls |
Author: Global Detention Project Title: Harm Reduction in Immigration Detention: A Comparative Study of Detention Centres in France, Germany, Norway, Sweden, and Switzerland Summary: It seems to be an inexorable quality of immigration detention that it causes the individual to experience pain or injury. From a human rights perspective, is it possible to talk about "best practices"? This Global Detention Project Special Report systematically compares conditions and operations at detention centres in five European countries-Norway, France, Germany, Sweden, and Switzerland-to identify practices that may be used to develop "harm reducing" strategies in detention. Commissioned by the Norwegian Red Cross as part of its efforts to promote reforms of Norway's detention practices, the report addresses several key questions: In what ways has the Norwegian system met or exceeded internationally recognised standards? In what ways has it fallen short, especially when compared to detention practices of peer countries? And what are the key reform priorities going forward that may help reduce the harmful impact of detention? In Norway's Trandum Detention Centre, multiple reports have highlighted an overzealously punitive and restrictive detention regime where detainees consider themselves to be "treated as criminals" even though they are not serving criminal prison sentences. Despite repeated recommendations from relevant experts, including the country's Parliamentary Ombudsman, many important reforms have not been implemented. To complete the study, GDP researchers sought to assess Trandum in a comparative context that would highlight conditions and procedures in other European countries. The analysis of centres in Norway, France, Germany, Sweden, and Switzerland reveals that Trandum has embraced a carceral model for immigration detention to a much greater extent than centres elsewhere in Europe, falling short of standards provided in international law and promoted by national and regional human rights bodies. The report highlights several key areas for promoting reforms, both at Trandum and in other facilities across Europe, including: placing immigration detainees in the custody of social welfare institutions rather than public security agencies; reforming operating rules on everything from food preparation to electronic communications; and shedding detention centres of carceral elements, including the aspect of guards and staff members and the internal layout and regime of detention centres. Many of these suggestions have been highlighted by the Norwegian Red Cross in a statement urging the country's authorities to reform its immigration detention system. Details: Geneva, SWIT: GDP, 2018. 86p. Source: Internet Resource: Accessed November 2, 2018 at: https://www.globaldetentionproject.org/harm-reduction-immigration-detention Year: 2018 Country: Europe URL: Shelf Number: 153146 Keywords: Human Rights AbusesIllegal ImmigrantsImmigrant DetentionImmigration Enforcement |
Author: Webber, Frances Title: The Embedding of State Hostility: A Background Paper on the Windrush Scandal Summary: The Embedding of State Hostility: a background paper on the Windrush scandal is a briefing that shows how the injustices meted out to the Windrush generation are not anomalies but the logical result of an immigration system that, over many years, has weaponised the idea of 'the illegal immigrant'. It examines the Windrush scandal in the context of three decades of immigration law, based around a set of interlocking policies of denial, exclusion, surveillance and enforcement that, taken together, have coalesced into today's 'hostile environment'. With sections on: the build up to the Windrush scandal; case studies of those affected; the roots of hostile environment policies; the role of the media in weaponising 'illegality'; the government's retreat from universal human rights standards; the role of campaign groups and professional organisations in challenging the hostile environment and standing up for the Windrush Generation. Details: U.K.: Institute of Race Relations, 2018. 30p. Source: Internet Resource: Accessed December 17, 2018 at: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2018/11/19150132/Embedding-State-hostility-v4.pdf Year: 2018 Country: United Kingdom URL: http://www.irr.org.uk/publications/issues/the-embedding-of-state-hostility-a-background-paper-on-the-windrush-scandal/ Shelf Number: 153864 Keywords: Human Rights AbusesIllegal ImmigrationImmigrantsImmigration PolicyWindrush Scandal |
Author: Global Detention Project Title: Immigration Detention in France: Longer, More Widespread, and Harder to Contest Summary: France has one of Europe's oldest - and largest - administrative immigration detention regimes. Since 1981, the year it adopted its first law explicitly providing for immigration detention, the country has passed some 30 immigration laws. In 2017, the country placed 46,857 people in immigration detention, 42 percent of whom were held in overseas territories (by way of comparison, in the United Kingdom, during the year ending in March 2018, approximately 29,000 people "entered detention"). Detainees in France spent on average 12.8 days in detention, far below the 45 days legal limit in place at that time. France operates 24 long-term immigration detention centres, euphemistically labelled centres de retention administrative ("administrative retention centres"), which have a total capacity of 1,543 beds. The country also operates 26 short-term administrative detention facilities called locaux de retention administrative. In 2018, the Interior Ministry announced plans to boost bed space in CRAs by 450 during 2019. Although European Union (EU) law allows member states to detain migrants for up to 18 months for deportation purposes, France retained - until recently - one of the lowest limits among EU member states (along with Iceland [42 days] and Spain [60 days]). In 2018, however, the situation changed significantly - prompted by Europe's "migration crisis" - with the adoption of controversial new legislation which, inter alia, doubles the detention limit to 90 days and reduces the time frame to apply for asylum from 120 days to 90 days. Many civil society organisations and national human rights institutions challenged the new law, with some critics calling it the Code de la honte ("code of shame"). The French ombudsman said, "Contrary to the discourse that everything should be done in favour of asylum seekers, they are in fact badly treated by this project." According to the ombudsman, the accelerated asylum procedures will "impose impossible deadlines on asylum seekers - which risks causing asylum seekers to lose their rights to appeal." Another recently adopted law, the March 2018 asylum bill, also came under sharp criticism because of fears that it may lead to widespread detention of asylum seekers who are awaiting transfer to another EU country under the Dublin III procedure. The law, which allows for the detention of people who have not yet been served an expulsion order, represents a major departure from previous French asylum protection policies. French NGOs are present on a daily basis inside the centres de retention administrative (CRAs) to provide legal and other forms of advice to detainees. Each year, they publish joint authoritative analyses of laws, policies, and practices, as well as detailed information on every detention facility. While having a permanent civil society presence in immigration detention centres is not wholly unique to France (in Lebanon, for instance, Caritas has had an office in the countrys main immigration detention centre), the French system seems to stand apart from others in the breadth of involvement of NGOs inside its 24 long-term facilities. As a result, there is a tremendous amount of readily available information about operations at detention centres, which is exceedingly rare. In the French overseas territory of Mayotte (part of the Comoros archipelago in the Indian Ocean), the French Constitution and successive immigration laws authorise important derogations to the application of immigration law. Local authorities expelled some 60 people a day from Mayotte during 2016 (with most denied access to a lawyer or judge before their expulsion)11 in defiance of the French ombudsman's recommendations as well as the European Court of Human rights' jurisprudence on the right to access an effective remedy. Although it has a population of less than 250,000, Mayotte manages to deport nearly 20,000 people each year: 17,934 in 2017 and 19,488 in 2016. In many countries the language of immigration detention can appear to be opaque or misleading. In the case of France, it crafted the terminology retention administrative ("administrative retention") as early as 1981, when it adopted its first immigration detention provisions. While some countries, including Argentina, have adopted this language, French-speaking countries like Belgium, Canada, and Switzerland continue to employ the word detention. A joint ministerial audit in 2005 found that this language created a "paradoxical" situation because "the alien placed in retention remains a free person, against whom no charge has been laid; he is only momentarily 'retained,' for the time required for organising his return. The whole paradox of retention lies in this principle. Before the judge of liberty and detention (JLD) the procedure is civil even if it borrows aspects of criminal law, in particular because the JLD can challenge the conditions of the arrest and the regularity of the custody." While many leading French advocates and academics have argued that detention centres should be called "camps" and denounced the use of euphemistic language when referring to places of deprivation of liberty, French civil society for the most part seems not to have specifically challenged the use of the word retention. However, the impact of this "paradoxical" phrasing is often clear in public and official discourse. For instance, during the debate over the 2018 legislation, the Minister of Justice misleadingly characterised the detention of families as allowing "children to be in an administrative centre with their parents." Civil society protest against immigration detention is common. Non-violent silence protests (cercles de silences) have been regularly held in many French cities since 2011. Many NGOs have argued that detention is a disproportionate response to irregular migration and that it largely fails in its stated purpose of enabling removal since less than half of the country's detainees are expelled following detention (40 percent of immigration detainees in mainland France were expelled in 2017, 42 percent of whom were expelled to another EU country). In contrast, officials bemoan that the high proportion of expulsion orders cancelled by judges creates obstacles, even though these judgments are based on respect for the rule of law. Details: Geneva, Switzerland: Global Detention Project, 2018. Source: Internet Resource: Accessed January 17, 2019 at: https://reliefweb.int/report/france/immigration-detention-france-longer-more-widespread-and-harder-contest Year: 2018 Country: France URL: https://reliefweb.int/sites/reliefweb.int/files/resources/Immigration-Detention-in-France-October-2018.pdf Shelf Number: 154243 Keywords: Asylum SeekersDeportationHuman Rights AbusesImmigrationImmigration DetentionImmigration EnforcementImmigration PolicyMigrationRefugees |
Author: European Parliament. Directorate-General for Internal Policies. Policy Department C: Citizzen's Rights and Constitutional Affairs Title: Fit for Purpose? The Facilitation Directive and the Criminalisation of Humanitarian Assistance to Irregular Migrants: 2018 Update Summary: This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study "Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants". It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of humanitarian actors, migrants' family members and basic service providers. The study uses the notion of 'policing humanitarianism' to describe not only cases of formal prosecution and sentencing in criminal justice procedures, but also wider dynamics of suspicion, intimidation, harassment and disciplining in five selected Member States - Belgium, France, Greece, Hungary and Italy. Policing humanitarianism negatively affects EU citizens' rights - such as the freedom of assembly, freedom of speech and freedom of conscience. When civil society is effectively (self-)silenced and its accountability role undermined, policies to combat migrant smuggling may be overused and give rise to serious breaches of the EU's founding values, notably the rule of law, democracy and fundamental rights. Moreover, policing humanitarianism negatively affects wider societal trust and diverts the limited resources of law enforcement from investigating more serious crimes. Details: Luxembourg: European Parliament, 2018. 186p. Source: Internet Resource: Accessed February 6, 2019 at: http://www.statewatch.org/news/2019/jan/ep-study-fit-for-purpose-humanitarian-help.pdf Year: 2018 Country: Europe URL: http://www.statewatch.org/news/2019/jan/ep-study-fit-for-purpose-humanitarian-help.pdf Shelf Number: 154500 Keywords: Criminalization of Migrants Human Rights AbusesHuman Smuggling Illegal Immigrants Immigrants Migrants Migration Enforcement Migration Policy |
Author: Australian Institute of Health and Welfare Title: Towards estimating the prevalence of female genital mutilation/cutting in Australia Summary: The World Health Organization estimates that female genital mutilation/cutting (FGM/C) affects over 200 million women and girls across the world. This report indicates the potential number of women and girls living in Australia who may have undergone FGM/C. These numbers are modelled estimates only, calculated by combining international survey data with Australian population estimates. While rudimentary, these estimates can provide insight into the potential extent of FGM/C in Australia. This can help health-care providers, community service providers and policymakers to ensure that appropriate services are available for girls and women who need support as a result of FGM/C. Increasing awareness of this complex global issue may also help to reduce the number of girls who undergo FGM/C in the future Details: Canberra: AIHW, 2019. 17p. Source: Internet Resource: infocus: Accessed February 7, 2019 at: https://www.aihw.gov.au/getmedia/f210a1d8-5a3a-4336-80c5-ca6bdc2906d5/aihw-phe230.pdf.aspx?inline=true Year: 2019 Country: Australia URL: https://www.aihw.gov.au/getmedia/f210a1d8-5a3a-4336-80c5-ca6bdc2906d5/aihw-phe230.pdf.aspx?inline=true Shelf Number: 154512 Keywords: Female Cutting Female Genital Mutilation Human Rights AbusesViolence Against Women, Girls |
Author: Human Rights Watch Title: Violent Cow Protection in India: Vigilante Groups Attack Minorities Summary: Leading members of India's ruling Bharatiya Janata Party (BJP) have increasingly used communal rhetoric to spur a violent vigilante campaign against beef consumption and those linked to the cow trade. Many Hindus consider cows to be sacred. So-called cow protection groups, many claiming to be affiliated to militant Hindu groups with BJP ties, have sprung up across the country. They have led attacks that have killed at least 44 people across 12 Indian states since mid-2015. Their victims are largely Muslim or from Dalit (formerly known as "untouchables") and Adivasi (indigenous) communities. Violent Cow Protection in India details 11 cases in which 14 people were killed and the government response. In almost all the cases, the police initially stalled investigations, ignored procedures, or were even complicit in the killings and cover-up of crimes. Instead of promptly investigating and arresting suspects, the police filed complaints against victims, their families, and witnesses under laws that ban cow slaughter. In several cases, political leaders of Hindu nationalist groups, including elected BJP officials, defended the assaults. In July 2018, India's Supreme Court condemned these "horrendous acts of mobocracy" and issued a series of directives for "preventive, remedial and punitive" measures. Human Rights Watch calls upon national and state governments to enforce the Supreme Court directives; ensure proper investigations to identify and prosecute perpetrators regardless of their political connections; and hold to account police and other institutions that fail to uphold rights because of caste or religious prejudice. Details: New York: HRW, 2019. 107p. Source: Internet Resource: Accessed February 19, 2019 at: https://www.hrw.org/sites/default/files/report_pdf/india0219_web3.pdf Year: 2019 Country: India URL: https://www.hrw.org/sites/default/files/report_pdf/india0219_web3.pdf Shelf Number: 154657 Keywords: Animal Abuse Animal Rights Cows Homicides Human Rights AbusesMobocracy Vigilantism |
Author: Norton, Emma Title: Military Justice: Second-Rate Justice. Criminal justice, complaints and human rights myths in the armed forces Summary: Liberty has today published a comprehensive report on the military justice system, revealing that UK service men and women continue to be badly failed by the Armed Forces' in-house policing and legal systems, especially where rape and other serious offences are concerned. The new report has led Liberty to today launch the first-ever Armed Forces Human Rights Helpline, designed to offer free, independent legal advice to all current and former serving men and women and their families. CRIMINAL JUSTICE The report, "Second-Rate Justice", details significant flaws in the way the Armed Forces deal with some of the most sensitive and serious criminal cases involving service personnel. It damningly highlights the military's deep-rooted preference for its own internal and inadequate Service Justice System (SJS) - which includes the Service Police, the military's own police forces consisting of the Royal Military Police, Royal Naval Police and the RAF Police - and its hostility to outside scrutiny from more experienced civilian police and prosecutors. Despite the fact that the civilian justice system should take priority over the military system, the report demonstrates that this is not happening and paints a picture of a 'boys' club' approach to justice in the Armed Forces that prevents the impartial and effective investigation of some of the most serious cases. It details how: The Service Police are taking charge of investigations into alleged sexual offences including rapes, even though the legal presumption is that these should be dealt with by civilian police. In 2017 alone, 123 investigations were carried out by the Royal Military Police. Liberty believes that the majority of these should have been dealt with by the civilian police because they happened in the UK. Shockingly, a previous recommendation from Liberty that allegations of rape should always be investigated by civilian police has still not been acted upon. Some offences appear to be being downgraded to less serious offences, so that they can be dealt with internally and not go to court at all. For example, an allegation of sexual assault - which must be referred to the Service Police - may be reduced to battery which a Commanding Officer can deal with him/herself without referring it to the police at all. This practice must stop. The Ministry of Defence's inadequate methods of recording sexual crimes, and the downgrading of serious crimes to lesser offences, mean that the real scale of sexual offending in the Armed Forces is likely to be significantly higher than MoD statistics indicate. For example, the government department continues to refuse to record or publish any data at all about such serious sexual offences as creating or possessing indecent images of children, possession of extreme pornographic images, revenge porn offences, sexual communications with a child or criminal harassment offences. For the sake of accuracy, transparency and public confidence, data on the prevalence of these offences ought to be recorded and published. Conviction rates for rape in the military are even lower than civilian rates - which are already far too low. In 2017, just two of the 48 rape cases that made it to Court Martial resulted in a conviction. The new report makes 21 important recommendations which would ensure service personnel enjoy the same rights and protections as civilians. They include: Ensuring all serious criminal offences in the UK are investigated by civilian, not Service Police. Combining the three branches of the Service Police into a single force and embed them in civilian forces so that, when they must deploy abroad, they are sufficiently experienced, trained and supervised. Bringing the Service Police under the oversight of an independent expert supervisory body. Ensuring the independent Service Complaints Ombudsman is involved in serious cases of bullying, sexual harassment or racial or other discrimination at an early stage with her own fully-funded independent powers of investigation. Details: London: Liberty, 2019. 91p. Source: Internet Resource: Accessed march 6, 2019 at: https://www.libertyhumanrights.org.uk/sites/default/files/LIB%2010%20Military%20Justice%20Report%2020_01_19.pdf Year: 2019 Country: United Kingdom URL: https://www.libertyhumanrights.org.uk/sites/default/files/LIB%2010%20Military%20Justice%20Report%2020_01_19.pdf Shelf Number: 154829 Keywords: Armed ForcesHuman Rights AbusesMilitary JusticeSex CrimesSexual Assault |
Author: Pro Asyl Title: Walls of Shame: Accounts from the Inside: The Detention Centres of Evros Summary: What we have observed in Evros area is a multilevel deterrence system implemented by the Greek police and Frontex. The detention of refugees and migrants in Evros is synonimous with brutality, despair and dehumanisation. In this case, calling an emergency of «mass-immigration» has given the Greek government and the EU an excuse for violating human dignity. Greece has been repeatedly criticised for its human rights violations, specifically for the appalling detention conditions for immigrants in the border region Evros. Following this harsh criticism, the Greek government declared its commitment to improve the asylum and reception system and therefore announced a national Action Plan 2010. However, so far there have been almost no improvements. Human rights violations continue. Details: Berlin: Pro Asyl, 2012. 96p. Source: Internet Resource: Accessed March 8, 2019 at: https://www.proasyl.de/wp-content/uploads/2015/12/PRO_ASYL_Report_Walls_of_Shame_Accounts_From_The_Inside_Detention_Centers_of_Evros_April_2012-1.pdf Year: 2012 Country: Greece URL: https://www.proasyl.de/wp-content/uploads/2015/12/PRO_ASYL_Report_Walls_of_Shame_Accounts_From_The_Inside_Detention_Centers_of_Evros_April_2012-1.pdf Shelf Number: 154885 Keywords: Detention CentersHuman Rights AbusesImmigrant DetentionImmigrantsMigrantsRefugees |
Author: Inter-American Commission on Human Rights Title: Police Violence against Afro-descendants in the United States Summary: This report examines the persistent situation of structural discrimination against African Americans in the United States and, in particular, deep-seated racial disparities in policing and the criminal justice system. The Inter-American Commission on Human Rights has previously considered that racial bias forms the backbone of many problems of police abuse, over-representation of African Americans in arrests and in the prison United States, highlighting the structural nature of discrimination and the corresponding need for systemic reforms to fully address past abuses and ensure non-repetition. The Commission considers that the historical legacy of subjugation, enslavement, terror, marginalization, segregation, and exclusion from enjoying the rights of citizens in the U.S., both de jure and de facto, has continuing repercussions for African Americans' full enjoyment of human rights today in virtually every sphere. In this regard, a reckoning with the legacy of racism and discrimination in the U.S. is necessary to effectively transform the situation in the future. Details: Washington, DC: IACHR, 2018. 166p. Source: Internet Resource: Accessed march 18, 2019 at: http://www.oas.org/en/iachr/reports/pdfs/PoliceUseOfForceAfrosUSA.pdf Year: 2018 Country: United States URL: http://www.oas.org/en/iachr/reports/pdfs/PoliceUseOfForceAfrosUSA.pdf Shelf Number: 155039 Keywords: Human Rights AbusesPolice Misconduct Police Use of Force Police Violence Racial Bias Racial Discrimination Racial Profiling in Law Enforcement |
Author: United Nations Population Fund Title: Paraguay: Country Assessment on Violence Against Women Summary: Over the last 20 years, violence against women (VAW) has been increasingly recognized as a major health, human rights and development issue. The Secretary General's in-depth Study on all forms of violence against women (A/61/122/Add.1, and Cor.1) recommends intensified action to eliminate VAW at all levels. The General Assembly's resolution urges United Nations (UN) entities to enhance coordination and intensify their efforts to eliminate VAW in a more systematic, comprehensive and sustained manner. It further calls upon UN entities to orchestrate initiatives to assist States in their efforts to eliminate VAW women via the establishment of an Inter-agency Task Force on VAW. Via this Task Force, a pilot program on VAW has been initiated for 10 countries which include Burkina Faso and Rwanda from Africa, Jamaica from the Caribbean, Paraguay and Chile from Latin America, Fiji from the Pacific, Philippines form Asia, Jordan and Yemen from the Middle East and Kyrgyzstan from Central Asia. The Task Force will assist these States by supporting comprehensive national approaches on VAW women like designing and implementing national action plans prior to which, a country assessment on VAW women becomes a priority. It is within this framework that this country assessment on VAW women has been undertaken. The Paraguay country assessment on VAW will emphasize the nature and extent of following issues: - Identifying the forms of violence, victims, perpetrators and consequences ; - Existing relevant policies and laws pertaining to VAW; - Stakeholders and their capacities; challenges and gaps in addressing VAW; and, - Identifying priorities for interventions. Details: New York: UNFPA, 2008. 56p. Source: Internet Resource: Accessed April 4, 2019 at: https://www.un.org/womenwatch/ianwge/taskforces/vaw/Paraguay.pdf Year: 2008 Country: Paraguay URL: https://www.un.org/womenwatch/ianwge/taskforces/vaw/Paraguay.pdf Shelf Number: 155341 Keywords: Gender-Based Violence Human Rights AbusesViolence Against Women |
Author: Human Rights Commission of Malaysia (SUHAKAM) Title: "Sold Like Fish": Crimes Against Humanity, Mass Graves, and Human Trafficking from Myanmar and Bangladesh to Malaysia from 2012 to 2015 Summary: On April 30, 2015, Thai authorities announced the discovery of a mass grave in a makeshift camp in a forested area near the Malaysian border. The grave contained more than 30 bodies of suspected victims of human trafficking believed to be Rohingya Muslims and Bangladeshi nationals. Less than one month later, on May 25, the Royal Malaysian Police announced the discovery of 139 graves and 28 suspected human-trafficking camps in Wang Kelian, Perlis State, Malaysia. Rohingya Muslims have faced military-led attacks and severe persecution in Myanmar for decades. Fortify Rights, the United Nations, and other organizations determined that there are reasonable grounds to believe that the Myanmar authorities committed genocide against Rohingya-a crime that continues to today. These crimes forced hundreds of thousands of Rohingya refugees to flee the country in recent years. Most fled with hopes of finding sanctuary in Bangladesh and Malaysia, the nearest predominantly Muslim countries. This report documents how a transnational criminal syndicate-a group of individuals or organizations working together for common criminal interests- in Myanmar, Bangladesh, Thailand, and Malaysia preyed on Rohingya refugees, deceiving them into boarding ships supposedly bound for Malaysia. Motivated by profit, between 2012 and 2015, a transnational criminal syndicate held Rohingya as well as Bangladeshis at sea and in human-trafficking camps on the Malaysia-Thailand border. Traffickers provided their captives with three options: raise upwards of 7,000 Malaysian Ringgit (US$2,000) in exchange for release, be sold into further exploitation, or die in the camps. Members of a syndicate tortured, killed, raped, and otherwise abused untold numbers of men, women, and children, buying and selling them systematically in many cases, in concert with government officials. Days after the mass-grave discovery in Thailand in 2015, Thai authorities arrested a Rohingya man from Myanmar named Anwar, also known as Soe Naing, for alleged involvement in a human-trafficking ring. Thai authorities went on to arrest 102 other suspects, including senior Thai government officials. Thai authorities then began the largest human-trafficking trial in the history of Southeast Asia. On July 19, 2017, a newly established, specialized human-trafficking court in Bangkok convicted 62 defendants for crimes related to the trafficking of Rohingya and Bangladeshis to Malaysia via Thailand. Those found guilty included nine Thai government officials, including Lieutenant General Manas Kongpaen, a military general who reportedly received approximately US$1 million (3.49 million Malaysian Ringgit) in profits from the trafficking trade, including payments amounting to more than US$400,000 (1.39 million Malaysian Ringgit) in just over one month alone. In contrast, since 2015, Malaysian courts convicted only four individuals of trafficking-related offenses connected to the mass graves discovered at Wang Kelian. All those convicted were foreigners, including one Thai national, two individuals from Myanmar, and a Bangladeshi national. The Royal Malaysian Police reportedly arrested 12 police officers but eventually released them due to a lack of evidence. The United Nations High Commissioner for Refugees (UNHCR)-the agency mandated to protect refugees-estimates that more than 170,000 people boarded ships from Myanmar and Bangladesh bound for Thailand and Malaysia from 2012 to 2015 and that the criminal syndicate organizing the vessels generated between US$50 million (174.5 million Malaysian Ringgit) and US$100 million (349 million Malaysian Ringgit) annually. Each ship reportedly earned traffickers an estimated US$60,000 (209,400 Malaysian Ringgit) in profits, according to UNHCR. The majority of people trafficked during this period were Rohingya Muslims; however, in late 2014 and 2015, the syndicate began targeting Bangladeshi nationals as well. This is a joint report by the Human Rights Commission of Malaysia (SUHAKAM, referred to in this report as "the Commission") and Fortify Rights. It documents human rights violations perpetrated against Rohingya Muslims trafficked from Myanmar and Bangladesh to Thailand and Malaysia from 2012 to 2015, the discovery of mass graves in Wang Kelian in Malaysia's Perlis State, and the Malaysian authorities' response to the discovery of the mass graves. It analyzes the violence against Rohingya within the framework of relevant international law. Details: Belfast, ME: Authors, 2019. 124p. Source: Internet Resource: Accessed April 5, 2019 at: https://www.fortifyrights.org/downloads/Fortify%20Rights-SUHAKAM%20-%20Sold%20Like%20Fish.pdf Year: 2019 Country: Asia URL: https://www.fortifyrights.org/downloads/Fortify%20Rights-SUHAKAM%20-%20Sold%20Like%20Fish.pdf Shelf Number: 155353 Keywords: Criminal SyndicatesGenocideHuman Rights AbusesHuman TraffickingRefugeesSexual Exploitation |
Author: League of Arab States Title: Child Labour in the Arab Region: A Quantitative and Qualitative Analysis Summary: The Arab region has witnessed a large wave of armed conflicts and population displacement in recent years, believed to have bought with it an upsurge of child labour - the magnitude of which is yet to be fully measured. The impact of armed conflict has exacerbated pre-existing levels of child labour found in rural and urban areas across the Arab region, typically driven by economic vulnerability, poor education and certain social norms. Details: Cairo: Author, 2019. 145p. Source: Internet Resource: Accessed April 10, 2019 at: https://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/publication/wcms_675262.pdf Year: 2019 Country: Asia URL: https://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/publication/wcms_675262.pdf Shelf Number: 155354 Keywords: Child Labor Child Maltreatment Child Protection Human Rights Abuses |
Author: Kotiswaran, Prabha Title: Trafficking: A Development Approach Summary: Almost twenty years since the adoption of the Palermo Protocol on Trafficking, anti-trafficking law and discourse continue to be in a state of tremendous flux and dynamic evolution. While the efficacy of using criminal law to tackle an irreducibly socioeconomic problem of labour exploitation was always suspect, scholars and activists alike sought to remedy the excesses of a criminal justice approach by articulating a human rights approach to trafficking. Arguing that this did not go far enough, labour law scholars called for a labour approach to trafficking in order to forefront the role that a redistributive mechanism like labour law could perform in supporting the agency of workers to counter vulnerability to trafficking. Since then, trafficking has evolved into a development issue with the articulation of Sustainable Development Goal 8.7 around which international organisations have mobilised considerable resources. Influential actors believe that bringing development to countries of the Global South will help them eliminate 'modern slavery'. My paper instead builds on the critique of the developmental project to elaborate on the key elements of a development approach to trafficking, one which is rooted in the realities of the developing world and which recognizes the fundamentally different configurations of the state, market, civil society and legal system in the Global South. Using the example of India, I argue that conventional regulatory responses to 'trafficking' and 'modern slavery' must be fundamentally rethought and that an uncritical reliance on a criminal law approach to trafficking must be replaced by efforts to implement domestic labour and social welfare laws which are themselves the result of long-term struggles for decent work and against extreme exploitation. Details: London: University College London, 2019. 36p. Source: Internet Resource: Faculty of Laws University College London Law Research Paper No. 4/2019: Accessed April 12, 2019 at; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3349103 Year: 2019 Country: India URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3349103 Shelf Number: 55384 Keywords: Domestic Labor Workers Forced Labor Human Rights AbusesHuman trafficking Modern Slavery |
Author: Crock, Mary Title: Central Issues in the Protection of Child Migrants Summary: In this introductory chapter we identify themes that will be carried throughout the book. We begin in section 2 with a discussion of the human rights challenges presented by children on the move, posing questions that our contributors will address as they build on the themes we identify. This is followed by an examination of obstacles that have been created to recognising child migrants as rights bearers. After setting out in section 4 a brief outline of the book's structure, the chapter concludes with some comments on global initiatives that have been made to address the challenges associated with mass migration on the one hand and of forced movement of refugees on the other. We will argue that the uncertainty and risks facing the world in the new millennium certainly constitute problems - but they also offer opportunities for positive change. Four foundational principles inform our discussion of how states should respond to children on the move. The first is that childhood is unique in that the status of being a child is transitory and (absent disabilities) the capacities of children evolve as children age. Second, it follows that children require special protection and assistance, most particularly in their younger and adolescent years, if they are to develop and thrive. The third point is that procedural accommodations should be made for children in recognition of the physical and cognitive stages of their development. The fourth and final principle both flows from and unites the three that precede it. It is that the treatment of child migrants matters because it has long term consequences - both for the children themselves and for their host communities. Details: Sydney: Sydney Law School, 2018. 20p. Source: Internet Resource: Sydney Law School Research Paper No. 18/65: Accessed April 13, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3264953 Year: 2018 Country: International URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3264953 Shelf Number: 155385 Keywords: Child Migrants Child Protection Human Rights AbusesMigrants Refugees |
Author: Toohey, Karen Title: Commission initiated review of allegations regarding Bimberi Youth Justice Centre Summary: This report documents the ACT Human Rights Commission's investigations into a range of allegations and concerns about the treatment of young people at Bimberi Youth Justice Centre ('Bimberi') in the period from 2014 to 2017. These allegations were raised with the Commission directly and many were also reported in the media. A summary of specific allegations and findings is provided in Appendix A to this report. The Commission's investigation initially focused on an allegation of unlawful use of force against a young person during a serious incident at Bimberi on 6 May 2016. In the process of investigating this incident, other concerns were raised with the Commission and in the media, including issues of understaffing and ongoing lockdowns, the use of the 'squat and cough' technique during strip searches and other allegations of victimisation and excessive use of force against young people by Bimberi staff. Given the serious nature and broad range of concerns raised, and the public interest in ensuring that issues were independently examined, the Commission decided to widen the investigation to conduct a review of individual incidents and systemic practices at Bimberi in the period from 2014 - 2017 inclusive (the 'review period'). The review considered information from a range of sources. The Commission interviewed 39 individuals including young people who had been at Bimberi in the review period and some of their family members, as well as youth workers, management and health staff at Bimberi and held a group discussion with onsite teaching staff. We reviewed extensive information obtained from the Community Services Directorate (CSD) and other relevant stakeholders; conducted physical inspections of the facility; reviewed and analysed data from registers of searches, use of force, segregation and complaints; and viewed CCTV footage and reports of numerous incidents. The review team met with CSD and Bimberi management on a number of occasions to discuss the allegations and issues arising during the conduct of the investigation. Overall, the Commission's investigations did not reveal an entrenched culture of violence or disregard for the human rights of young people at Bimberi. There have been many improvements since the Commission's broader review of the ACT Youth Justice System in 2011, particularly in the recruitment, training and development of skilled staff at Bimberi, and there is now a clear focus on case management and building supportive relationships with young people. Most young people we interviewed spoke highly of most staff members at Bimberi, and we were impressed with the sensitivity, care and commitment demonstrated by many staff working with these young people, who often have complex needs and challenging behaviours. While the Commission did find evidence of some incidents of excessive or unjustified use of force by staff, we are satisfied that Bimberi management has generally treated issues seriously, conducted reviews of all incidents, and taken appropriate action where misconduct has been established. Nevertheless, the Commission's review did uncover some serious and concerning systemic issues which require further action, both in the short term and longer term, to ensure the safety and wellbeing of young people and staff at Bimberi. The investigation of individual incidents by management and external oversight agencies, including the Commission, is hampered by the poor quality of CCTV footage, lack of audio recording and the placement of CCTV cameras at Bimberi. There is a real risk of serious incidents going undetected in blind‑spots, and without audio recording it can be difficult to determine what led to the incident and whether de‑escalation techniques were appropriately used to avoid the use of force as far as possible. There is an urgent need to review and upgrade this technology and consider the use of body‑worn cameras to increase accountability While there is not evidence of a widespread culture of condoning abuse or mistreatment of young people at Bimberi, the Commission is aware of instances where some staff members, including senior staff, did not accurately report incidents to management and failed to disclose potential misconduct. There were indications of mistrust between some staff and management which has affected communication and transparency. The Commission also found that young people are often brought to the ground during a use of force by staff, which may not be the least restrictive approach available. The prone restraint position (where a young person is placed chest down on the floor and held there using force) was being used regularly in responding to violent incidents at Bimberi during the review period, despite being specifically prohibited in Bimberi policy. Prone restraint poses a serious danger of positional asphyxiation, and it is concerning that this inconsistency between policy and practice had not been detected and addressed, despite regular reviews of CCTV footage of incidents. There were clear gaps in the training, support and guidance for staff in the use of force and restraint techniques. There has been a commendable decrease in the use of strip searching at Bimberi overall. However, the Commission found that some young people were subject to 'squat and cough' procedures during strip searches conducted in the review period (confirmed by Bimberi management). This procedure is not consistent with the human rights of young people and is not authorised in legislation or policy. While a clear management direction has now been given to prohibit 'squat and cough', it is concerning that this degrading practice, which was criticised at Quamby Youth Justice Centre, had been allowed to re‑occur at Bimberi. At a broader level, maintaining appropriate staffing levels over time, and with fluctuating numbers of young people at Bimberi, remains a significant challenge, but it is key to a functional and human rights compliant youth justice centre. Insufficient staffing contributed to serious systemic issues in Bimberi in the review period, including a dramatic increase in lockdowns. This in turn resulted in reduced access to education and programs, leading to frustration for young people, and increased risk of staff injury and burnout. It is not acceptable for young people to be continually locked down, or for staff to be placed at risk of occupational violence due to inadequate staff numbers. While these issues have been resolved in the short term through additional recruitment rounds, there is a need for a comprehensive and transparent plan and adequate resourcing to maintain staffing levels. Shift duration and flexibility for staff with family and other responsibilities must also be considered in this planning process. Our review also highlights the difficulties faced by Bimberi staff and management in meeting the needs of a wide cohort of young people, from 11 year old children to young adults completing sentences for offences committed as young people. Bimberi is not an appropriate facility for primary‑school aged children with trauma and other complex needs. The current age of criminal responsibility in the ACT, which is set at ten years, does not accord with international human rights standards and should be re‑examined. In the meantime, more must be done to provide alternative community‑based placements and therapeutic supports for children 14 and under to prevent their entrenchment in the youth justice system. The Commission has made a number of targeted recommendations to address the key issues that children aged 14 and under have been identified during the course of this investigation. The Commission looks forward to working collaboratively with the ACT Government to ensure the recommendations are implemented within a reasonable timeframe. Details: Canberra: ACT Human Rights Commissioner, 2019. 108p. Source: Internet Resource: Accessed April 17, 2019 at: https://apo.org.au/sites/default/files/resource-files/2019/04/apo-nid230466-1351766.pdf Year: 2019 Country: Australia URL: https://apo.org.au/sites/default/files/resource-files/2019/04/apo-nid230466-1351766.pdf Shelf Number: 155435 Keywords: Human Rights AbusesJuvenile Corrections Juvenile Detention Facilities |
Author: Matanda, Dennis Title: Tracing Change in Female Genital Mutilation/Cutting: Shifting Norms and Practices among Communities in Narok and Kisii Counties, Kenya."Evidence to End FGM/C: Research to Help Girls and Women Thrive. Summary: Background -- Globally, approximately 200 million women and girls in 30 countries have been subjected to female genital mutilation/cutting (FGM/C). In Kenya, the 2014 Kenya Demographic and Health Survey estimates that approximately 21 percent of girls and women aged 15-49 years have been cut. Nationally, there has been a steady and marked decline in the prevalence of FGM/C. There is, however, great variance in the prevalence of FGM/C across the country, with prevalence remaining high among certain ethnic groups such as Somali, Samburu, Kisii, and the Maasai. There have been numerous efforts, at the policy and programme levels, aimed at ending FGM/C in Kenya. The combined effects of such efforts have, however, yielded mixed outcomes, with the near elimination of FGM/C in certain ethnic groups (i.e., Meru, Kikuyu, and Kalenjin), and resistance in other ethnic groups (i.e., Maasai, Kisii, and Somalis), where the practice remains near universal. Given the sustained interest in implementing a myriad of interventions that have varying implementation processes, understanding how they work, the synergism or convergence of combined strategies, and their effectiveness in aiding abandonment of FGM/C is of paramount importance. Methods -- The study design was cross-sectional using qualitative methods. Data gathering activities included in-depth interviews with community gatekeepers, healthcare workers, government officials, programme implementers, parents/guardians, girls living in the community, and girls living in rescue centres. Focus group discussions were conducted with younger and elder community members. The study also mapped ongoing strategies aimed at addressing FGM/C in each county and observed implementation of intervention events by community programmes in the study sites. Results -- In Narok and Kisii counties, programme implementers used a mix of approaches to encourage community members to abandon FGM/C. Changes in norms and practices that promoted continuation of FGM/C included shifts from FGM/C being practised as a community event with public celebrations to events organized by individual families and conducted in secrecy, the use of health professionals to perform FGM/C as opposed to traditional cutters, changes towards performing supposedly less severe forms of FGM/C, and cutting girls at a younger age. The majority of community members in Narok and Kisii were knowledgeable about the health consequences of FGM/C. There were stark differences in how communities in Narok and Kisii associated FGM/C with "respect" (respect in this context refers to being passive, obedient, unquestioning, and subservient). In Narok, the public perception was that cutting makes girls disrespectful of their seniors while in Kisii, a cut woman was respected and considered respectful of others-pointing to the possibility that FGM/C is apparently more valued in Kisii than in Narok. Some of the challenges that change efforts encounter in their fight against FGM/C included: culture/tradition, beliefs that FGM/C controls a woman's sexual desire and therefore promotes fidelity in marriage, social sanctions against the uncut, and the practice of supposedly less severe forms of FGM/C on younger girls by health professionals in secret. Data from Narok and Kisii have shown that the negative effects of FGM/C in relation to sexuality could have prompted a shift in norms where men are now preferring uncut girls or marrying women from ethnic groups that do not practice FGM/C with the hope of sexual satisfaction in marriage. Across the two sites, there was consensus on the possibility that FGM/C heightens a girl's chances of being married early, but ambivalence towards FGM/C being a prerequisite for marriage, especially in Narok. Lack of adequate resources to sustain implementation of FGM/C interventions in target populations could be limiting the impact of interventions to bring about the desired behaviour change. Discussion -- A community's shift from approving a harmful social norm to adopting a beneficial, new social norm requires changing expectations at the community level as well as at the individual level. Consequently, abandonment of FGM/C in Narok and Kisii will require genuine community discussions, decisions, and commitment. Given that the practice is being done in secret, there are challenges to promoting open community dialogue. A shift to supposedly less severe cuts and younger age at cutting are likely to be a response to the law that prohibits FGM/C in Kenya. Perpetrators of FGM/C seem to be responding to the health consequences of FGM/C narrative by attempting to minimize health risks by procuring services of health professionals. The association between FGM/C and sexuality has often been linked to the belief that women are naturally promiscuous unless their genitalia is physically altered. Therefore, FGM/C has been used as a tool to suppress female sexual desire in order to uphold virginity at the time of marriage and fidelity after marriage. However, men are increasingly expressing preference to marry a woman who can enjoy marital sexual relations, prompting a shift toward selecting a marital partner from an ethnic group that does not practice FGM/C. It therefore appears that the cut girl has reduced prospects for marriage in contemporary times. These findings bring into question the social norm theory which posits that concerns over marriageability are central to the origin and maintenance of FGM/C. Similar to findings in Senegambia, concerns over marriageability are eroding, but the practice of FGM/C remains upheld by other normative associations. Indeed, more expanded views of social norms now suggest that there can be multiple norms and associated meanings upholding the practice, and they can shift over time. Programmes addressing FGM/C in Narok and Kisii have been using the health risks narrative in implementing their interventions and to some extent, have been successful in transferring this knowledge to the public. However, it appears that knowledge on the health consequences of FGM/C alone may not lead to abandonment. Across communities that practise FGM/C, one of the factors that underpin the practice relates to culture/tradition. In communities where FGM/C is prevalent, social pressure and the fear of losing social standing for the uncut girl and her family are important factors that sustain FGM/C. The inference from our study findings is that the transition from childhood to adulthood, which involves initiation and processes of socialisation on gender norms and marked by girls undergoing the cut, is apparently more valued in Kisii than in Narok. This study has clearly shown that even though the study areas are considered hot spots of FGM/C, norms and practices are not static. While there might not be widespread abandonment yet, people are reassessing norms and traditions in light of the current social climate. These changes may provide a useful starting point for intervention programmes that seek to create dialogue and critical reflection on the practice of FGM/C in an effort to accelerate its abandonment. Implications for programmes and research Programmatic implications -- - An emphasis on an integrative approach in programme implementation with a clear focus on engaging community members in values deliberation to facilitate community-wide FGM/C abandonment is critical. Intervention efforts need to be coordinated with the aim of ensuring synergy among programmes with overlapping target populations. On value deliberation, findings show that there is some abandonment accompanied with other changes, such as medicalisation, performing FGM/C at early ages, and in secret. Certainly, there must be a discourse surrounding these changes. The key questions for programmers include what problems are people trying to solve by making these changes and how can interventions build on ongoing changes? - Programmers must incorporate the human rights approach and address gender norms in programme implementation and not excessively focus on the health risks in efforts to encourage community members to abandon FGM/C. In applying the human rights approach, special attention should be given to the local context, especially on collective rights and the need to work within the frameworks of a cultural context. There is need for anti-FGM/C implementers to engage in addressing the structural gender inequalities related to FGM/C and how it negatively impacts on the entire community, including men. - Adequate resources need to be allocated to programmes implementing FGM/C interventions, especially local grassroots organisations. - Programme activities need to be anchored on a theory of change. Research implications - There is need to conduct a quantitative survey to measure communities' readiness for change. - Determining communities' perceptions about the involvement of religious leaders in the fight against FGM/C is imperative, including how best to engage them. Details: New York: Population Council, 2018. 56p. Source: Internet Resource: Accessed April 17, 2019 at: https://www.popcouncil.org/uploads/pdfs/2018RH_FGMC-TracingChangeKenya.pdf Year: 2018 Country: United States URL: https://www.popcouncil.org/uploads/pdfs/2018RH_FGMC-TracingChangeKenya.pdf Shelf Number: 155439 Keywords: Female Cutting Female Genital Mutilation Genital Mutilation Human Rights AbusesViolence Against Women, Girls |
Author: Verite Title: Recommendations for Addressing Forced Labor Risk in the Cocoa Sector of Cote D'Ivoire Summary: Forced Labor - and human trafficking for forced labor - have been documented as recently as 2018 in the cocoa sector in Cote d'Ivoire, with one recent study by the Walk Free Foundation and Tulane University estimating the number of victims at approximately 2,000 children and nearly 10,000 adults. In late 2016, Verite completed a qualitative rapid appraisal study to understand the nature of the root causes of forced labor in the Ivoirian cocoa sector using an indicator-based approach grounded in methodological guidance from the International Labor Organization. Verite's research found that some cocoa workers may be at risk of forced labor due to deception or other exploitation in the course of their recruitment, and may face debt bondage and other risks once at their workplaces on cocoa farms. Isolation, nonpayment or exploitative terms of payment, induced indebtedness, and other factors can potentially compound workers' vulnerability to forced labor. Verite found that migrants (from Burkina Faso, Mali, and non-cocoa producing areas of Cote d'Ivoire) who are carrying debt related to their recruitment and migration, and who are relatively early in their employment tenure in the cocoa sector, are the workers most likely to be at risk for these issues. The findings from Verite's research are published separately in the report Assessment of Forced Labor Risk in the Cocoa Sector of Cote d'Ivoire. With support from the International Cocoa Initiative, and in consultation with a range of industry, government, and civil society actors, Verite used these findings as the basis to develop the set of recommendations presented here. Details: Amherst, MA: Author, 2019. 21p. Source: Internet Resource: Accessed April 22, 2019 at: https://www.verite.org/wp-content/uploads/2019/02/Verite-Recommendations-Forced-Labor-in-Cocoa-in-CDI.pdf Year: 2019 Country: Africa URL: https://www.verite.org/wp-content/uploads/2019/02/Verite-Recommendations-Forced-Labor-in-Cocoa-in-CDI.pdf Shelf Number: 155495 Keywords: Child Labor Cocoa Industry Forced Labor Human Rights Abuses Labor Practices Modern Day Slavery |
Author: Torres Quintero, Astrid Title: Colombia - Ninos y ninas con madres y padres encarcelados por delitos de drogas menores no violentos ( 103/5000 Colombia - Children with mothers and fathers imprisoned for minor non-violent drug offenses) Summary: In Colombia, there are currently 115,862 people deprived of their liberty, despite the fact that The capacity of the institutions of confinement is for 79,211 (INPEC, 2018). This situation of overcrowding generates multiple violations of human rights, recognized by the Court Constitutional, that declared an "unconstitutional state of affairs" in prison matters, is say, a serious and massive situation of violation of rights for the private population of the freedom, derived from multiple factors and that, for its improvement, requires actions of all the competent institutions (Constitutional Court of Colombia, 2013 and 2015). However, the recognition of the serious situation suffered by people who are in seclusion does not imply the visibility of other subjects who suffer the impacts of imprisonment, as are families and, especially, children and adolescents (NNA, from now on) whose parents are deprived of freedom, for which reason they are out of focus of attention for making decisions both in terms of prison policy, and in the field of policies aimed at protecting the rights of children and adolescents. In the case of non-violent drug-related crimes, despite the fact that there has been debate over the impact of criminal treatment mainly on the people who carry out the traffic and sale of psychoactive substances, because of the vulnerability that characterizes them, little has been said about their family contexts and the effects they may suffer as a consequence of imprisonment. This invisibility is serious in the Colombian context, where the drug trafficking has especially impacted on family and community relations, not only as a consequence of this activity in itself, but also because of the effect that the hardening of sentences and the premise that they should focus on the use of prison. Therefore, although the vulnerability of persons deprived of their liberty is recognized and, in As a consequence, penal and penitentiary policies are questioned (for example, in terms of use of preventive detention and toughening of sentences in some crimes), these questions do not include analyzes related to the affectations suffered by children and adolescents as a result of the imprisonment of their parents. Several studies allow us to conclude that the populations that suffer the most the consequences of this criminal hardening are those that are in conditions of vulnerability, as women, who usually participate in the stages of transport and sale. However, these investigations do not delve into the effects that deprivation of liberty has on children and adolescents, with the exception of some mentions that are reached as a consequence of the observation of the situation of women who are mothers and are imprisoned. Details: Church World Service, 2018. 52p. Source: Internet Resource: Accessed May 16, 2019 at: http://www.cwslac.org/nnapes-pdd/docs/PDD-Colombia.pdf Year: 2019 Country: Colombia URL: http://www.cwslac.org/nnapes-pdd/docs/PDD-Colombia.pdf Shelf Number: 155873 Keywords: Children of InmatesDrug OffendersDrug TraffickingFamilies of PrisonersHuman Rights AbusesPrison PolicyRights of Children |
Author: Amnesty International Title: Hunger for Justice: Crimes Against Humanity in Venezuela Summary: Venezuela has been experiencing a profound human rights crisis for several years. Massive violations of civil, political, economic and social rights have been reflected in shortages of and lack of access to food and medicines, a deterioration in health services, as well as violence and political repression by the state. As a result at least 3.4 million people have been forced to flee the country since 2015. In this context, social protest became the main and most visible way in which people could respond and channel their discontent. Since 2014, there have been several cycles of mass demonstrations, interspersed with spontaneous protests to demand a range of rights. In February 2014, the first mass protests took place both against and in support of the government of Nicolas Maduro, who had come to power a year earlier. During the first months of demonstrations, Amnesty International documented the excessive use of force, torture and politically motivated arbitrary detentions and highlighted the use of derogatory language to stigmatize anti-government protesters. By the end of these protests, 43 people had been killed, including 10 public officials. A year later, the organization expressed concern at the high level of impunity in relation to possible human rights violations committed during those months. Between April and July 2017, there was a new wave of social conflict in which more than 120 people were killed, mostly at the hands of the state and groups of armed pro-government civilians ("collectives"). At least 1,958 people were injured as a result of the systematic and widespread use of excessive, and often intentionally lethal, force against protesters. In addition, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR), more than 5,000 people were reported to have been detained. One year after the protests, to Amnesty International's knowledge, in only one case had judicial proceedings in relation to these deaths been opened against a member of the Bolivarian National Guard (Guardia Nacional Bolivariana, GNB). While 2018 was not characterized by mass protests, it nevertheless saw the largest number of spontaneous protests throughout the country (more than 12,000 during the year) around demands for economic and social rights, due to the serious deterioration in living standards. It was in this context that, at the beginning of 2019, thousands of people took to the streets to demand a change of government. During January, numerous demonstrations were reported, many of them in low-income areas where the demand for political change had not been so pronounced up to that point. From 21 to 25 January 2019, in a total of 12 of the country's 23 states, at least 47 people died in the context of the protests, all of them as a result of gunshot wounds. Reports indicated that, of these 47 people, at least 39 were killed by members of state forces or of third parties acting with their acquiescence during demonstrations (33 and six respectively). Eleven were reportedly victims of targeted extrajudicial executions, 24 reportedly died in the context of demonstrations and 11 reportedly during looting. According to press reports, one member of the security forces also died during these protests. During these five days, more than 900 people were arbitrarily detained in practically every state in the country. It is estimated that 770 of these arbitrary detentions took place in just one day, 23 January, the date on which demonstrations were held throughout the country. Children and teenagers were among those detained. Amnesty International has documented the policy of politically motivated repression implemented by the government of Nicolas Maduro since 2014. As part of this, between 31 January and 17 February 2019, an Amnesty International team visited Venezuela to carry out research into crimes under international law and serious human rights violations committed in the context of the protests. During this visit, a total of six extrajudicial executions were documented, three cases of excessive use of force and six arbitrary detentions, as well as cover-ups and a failure to investigate several of these violations. The 15 cases detailed in this report are representative of a broader pattern of possible human rights violations that took place in January 2019. The extrajudicial executions documented in different parts of the country illustrate a recurring pattern. In all cases, the victims were young men who were critical of the government, or perceived as such by the authorities, from low-income areas and whose participation in the protests had been visible or whose criticisms had gone viral on social media. That is, they were targeted executions based on the profile of the victims. All died as a result of gunshot wounds to the chest and were executed while in the custody of the authorities. Some were tortured before they were killed. After executing them, the authorities publicly depicted them as criminals who had died in confrontations and initiated criminal investigations for "resisting authority" ("resistencia a la autoridad"). In all six cases, the crime scene was tampered with in order to cover up the facts, as were the bodies of the victims. The police force that carried out these executions was the Bolivarian National Police (Policia Nacional Bolivariana, PNB), mainly through its Special Actions Force (Fuerzas de Acciones Especiales, FAES). Regarding the use of force, Amnesty International's research confirmed the disproportionate and unnecessary use of lethal force against demonstrators. In the documented cases, the GNB and the Bolivarian National Guard of Venezuela (Guardia Nacional Bolivariana, GNB) were identified as the bodies responsible for the deaths. For example, Alixon Pisani was killed by a gunshot wound to the chest sustained when a PNB official riding on the back of a motorcycle fired indiscriminately on a protest in Catia (Caracas). According to witnesses, the demonstrators had blocked the street with burning objects and were not armed. Only in a few cases had Molotov cocktails and stones been thrown at the security forces. The cases of detention illustrate a pattern of arbitrary mass arrests followed by ill-treatment of detainees by government forces in order to punish people for taking part in the protests. Researchers also found that judicial guarantees were flouted and that there was interference with principle of judicial independence. For example, in the cases of four teenagers (all under 18) detained in the state of Yaracuy, none was brought before a judge within the legal time limit and they were held for several days despite the absence of sufficient evidence to justify their detention. Days later, the supervising judge (juez de control) dealing with their case complained on social media that her decision regarding the minors had been the result of pressure and the death threats from the Executive branch. Finally, according to the information received from relatives and lawyers, in all the documented cases of violation of the right to life and physical integrity, the official investigations have been neither impartial or thorough and the families have received only minimal information about them. In addition, several relatives were harassed by public officials because of the victims' involvement in the protests. Analysis of these violations shows that in January 2019, multiple acts of violence were committed consistently in all states and with a high degree of coordination between the security forces at the national and state levels. The authorities right up to the highest level, including Nicolas Maduro, have at the very least tolerated such attacks. Amnesty International's research shows that these human rights violations were not random, but were part of a previously planned attack directed against a distinct part of the civilian population: government opponents, or those perceived as such by the government, who were at times specifically identified as targets by the attackers. In addition, these incidents were public and widely known; in other words, the authorities at the highest level knew what was happening. Details: London: Author, 2019. 56p. Source: Internet Resource: Accessed June 6, 2019 at: https://www.amnesty.org/download/Documents/AMR5302222019ENGLISH.PDF Year: 2019 Country: Venezuela URL: https://www.amnesty.org/download/Documents/AMR5302222019ENGLISH.PDF Shelf Number: 156236 Keywords: Arbitrary DetentionsExecutionsExtrajudicial ExecutionsHuman Rights AbusesProtests and DemonstrationsTortureUse of Force |
Author: Bello-Schunemann, Julia Title: Sudan and South Sudan: Violence trajectories after peace agreements Summary: Peace agreements can be turning points in complex transitions from war to peace. But they dont necessarily lead to greater stability, let alone peace. This report explores trajectories of violence in Sudan and South Sudan after the signature of peace agreements. It traces violence trajectories and explores whether these peace agreements resolved, reshaped or perpetuated existing patterns of violence. Details: Pretoria, South Africa: Institute for Security Studies (ISS), 2019. 32p. Source: Internet Resource: Accessed June 12, 2019 at: https://issafrica.s3.amazonaws.com/site/uploads/ear-22.pdf Year: 2019 Country: Sudan URL: https://issafrica.s3.amazonaws.com/site/uploads/ear-22.pdf Shelf Number: 156401 Keywords: Conflict Violence Human Rights AbusesViolence |
Author: Human Rights Watch Title: "I Felt Like the World Was Falling Down on Me": Adolescent Girls' Sexual and Reproductive Health and Rights in the Dominican Republic Summary: Adolescent girls in the Dominican Republic are being denied their sexual and reproductive rights, including access to safe abortion. "I Felt Like the World Was Falling Down on Me" documents how authorities have stalled the rollout of a long-awaited sexuality education program, leaving hundreds of thousands of adolescent girls and boys without scientifically accurate information about their health. The country has the highest teen pregnancy rate in Latin America and the Caribbean, according to the Pan American Health Organization (PAHO). The country's total ban on abortion means an adolescent girl facing an unwanted pregnancy must continue that pregnancy against her wishes or obtain a clandestine abortion, often at great risk to her health and even her life. Human Rights Watch urges authorities to carry out a new plan for comprehensive sexuality education and decriminalize abortion to curb unwanted teen pregnancy and reduce unsafe abortion. Details: New York: Author, 2019. 56p. Source: Internet Resource: Accessed June 26, 2019 at: https://www.hrw.org/sites/default/files/report_pdf/drd0619_web2.pdf Year: 2019 Country: Dominican Republic URL: https://www.hrw.org/sites/default/files/report_pdf/drd0619_web2.pdf Shelf Number: 156705 Keywords: AbortionChild MarriageHuman Rights AbusesSex Education |
Author: International Labour Office Title: A global alliance against forced labour Summary: This ground-breaking report is the most comprehensive account of contemporary forced labour to date. It provides the first global and regional estimates by an international organization of forced labour in the world today, including the number of people affected and how many of them are victims of trafficking, as well as of the profits made by the criminals exploiting trafficked workers. Based on these data, the report sheds new light on the gravity of the problem of forced labour. A dynamic picture emerges of three major categories of forced labour: forced labour imposed by the State for economic, political or other purposes, forced labour linked to poverty and discrimination and forced labour that arises from migration and trafficking of workers across the world, often associated with globalization. The report provides clear evidence that the abolition of forced labour represents a challenge for virtually every country in the world industrialized, transition and developing countries alike. It assesses experience at the national level in taking up this challenge, with particular emphasis on the importance of sound laws and policies and their rigorous enforcement, as well as effective prevention strategies. The report also reviews the actions against forced labour taken over the past four years by the ILO and its tripartite partnersgovernments, employers and workers. It calls for a new global alliance to relegate forced labour to history. Details: Geneva: ILO, 2005. 95p. Source: Internet Resource: Accessed July 16, 2019 at: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_081882.pdf Year: 2005 Country: International URL: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_081882.pdf Shelf Number: 156856 Keywords: Forced Labor Human Rights AbusesModern Slavery |
Author: Roehm, Scott Title: Deprivation and Despair: The Crisis of Medical Care at Guantanamo Summary: From the inception more than 17 years ago of the Guantanamo Bay detention center located on the U.S. naval base in Guantanamo Bay, Cuba, senior detention facility personnel have consistently lauded the quality of medical care provided to detainees there. For example, in 2005, Joint Task Force (JTF) Guantanamo's then-commander said the care was "as good as or better than anything we would offer our own soldiers, sailors, airmen or Marines." In 2011, a Navy nurse and then deputy command surgeon for JTF Guantanamo made a similar claim: "The standard of care here is the best possible standard of care (the detainees) could get." In late 2017, Guantanamo's senior medical officer again echoed those sentiments: "Detainees receive timely, compassionate, quality healthcare...(which is)...comparable to that afforded our active duty service members on island." There have been many more such assertions in the intervening years and since. Following an in-depth review of publicly available information related to medical care at Guantanamo - both past and present - as well as consultations with independent civilian medical experts and detainees' lawyers, the Center for Victims of Torture and Physicians for Human Rights have determined that none of those assertions is accurate. To the contrary, notwithstanding Guantanamo's general inaccessibility to independent civilian medical professionals, over the years a handful of them have managed to access detainees, review medical records, and interface with Guantanamo's medical care system to a degree sufficient to document a host of systemic and longstanding deficiencies in care. These include: - Medical needs are subordinated to security functions. For example, prosecutors in a military commission case told the judge explicitly that the commander of Guantanamo's detention operations is free to disregard recommendations of Guantanamo's senior medical officer. - Detainees' medical records are devoid of physical and psychological trauma histories. This is largely a function of medical professionals' inability or unwillingness to ask detainees about torture or other traumatic experiences during their time in the CIA's rendition, detention, and interrogation program, or otherwise with respect to interrogations by U.S. forces - which has led to misdiagnoses and improper treatment. -In large part due to a history of medical complicity in torture, many detainees distrust military medical professionals which has led repeatedly to detainees reasonably refusing care that they need. Guantanamo officials withhold from detainees their own medical records, including through improper classification. -Both expertise and equipment are increasingly insufficient to address detainees' health needs. For example, a military cardiologist concluded that an obese detainee required testing for coronary artery disease, but that Guantanamo did not have the "means to test" him, and so the testing was not performed. With regard to mental health, effective torture rehabilitation services are not, and cannot be made, available at Guantanamo. - Detainees have been subjected to neglect. One detainee urgently required surgery for a condition he disclosed to Guantanamo medical personnel in 2007 - and they diagnosed independently in 2010 - but he did not receive surgery until 2018 and appears permanently damaged as a result. - Military medical professionals rotate rapidly in and out of Guantanamo, which has caused discontinuity of care. For example, one detainee recently had three primary care physicians in the course of three months. - Detainees' access to medical care and, in some cases, their exposure to medical harm, turn substantially on their involvement in litigation. For example, it appears extremely difficult, if not impossible, for detainees who are not in active litigation to access independent civilian medical professionals, and for those who are to address a medical need that is not related to the litigation. For detainees charged before the military commissions, prosecution interests have superseded medical interests, as with a detainee who was forced to attend court proceedings on a gurney writhing in pain while recovering from surgery. These deficiencies are exacerbated by - and in some cases a direct result of - the damage that the men have endured, and continue to endure, from torture and prolonged indefinite detention. It is long past time that the medical care deficiencies this report describes were acknowledged and addressed. Systemic change is necessary; these are not problems that well- intentioned military medical professionals - of which no doubt there are many, working now in an untenable environment - can resolve absent structural, operational, and cultural reform. Nor, in many respects, are they problems that can be fully resolved as long as the detention facility remains open. Guantanamo should be closed. Unless and until that happens, the Center for Victims of Torture and Physicians for Human Rights call upon Congress, the Executive Branch, and the Judiciary to adopt a series of recommendations aimed at meaningfully improving the status quo. These include, but are not limited to: lifting the legal ban on transferring detainees to the United States and mandating such transfers when detainees present with medical conditions that cannot be adequately evaluated and treated at Guantanamo; ensuring detainees have timely access to all of their medical records upon request while otherwise maintaining confidentiality of those records (especially with regard to access by prosecutors); and allowing meaningful and regular access to Guantanamo by civilian medical experts, including permitting such experts to evaluate detainees in an appropriate setting. If the United States declines to take the steps this report recommends, complex medical conditions that cannot be managed at Guantanamo should be expected to accelerate in frequency and escalate in severity. Details: New York: Physicians for Human Rights and The Center for Victims of Torture, 2019. 58p. Source: Internet Resource: Accessed July 19, 2019 at: https://phr.org/wp-content/uploads/2019/06/PHR_CVT-Guantanamo-medical-crisis-report-June-2019-1.pdf Year: 2019 Country: United States URL: https://phr.org/our-work/resources/deprivation-and-despair/ Shelf Number: 156815 Keywords: DetaineeDetentionGuantanamoHuman Rights AbusesMedical CarePrison ConditionPrisonersTorture |