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Date: August 17, 2024 Sat
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Results for human rights
226 results foundAuthor: Stevenson, Julianne Kerr Title: Crimes in Burma Summary: This report unravels contemporary crimes in Burma with a specific focus on human rights violations. Details: Cambridge, MA: International Human Rights Clinic, Harvard Law School, 2009 Source: Year: 2009 Country: Burma URL: Shelf Number: 116514 Keywords: Human RightsInternational Law |
Author: Mumma, Catherine Muyeka Title: Documenting Human Rights Violations of Sex Workers in Kenya: A Report Based on Study Conducted in Nairobi, Kisumu, Busia, Nanyuki, Mombasa, and Malindi Towns in Kenya Summary: This report details the abuses experienced by sex workers throughout the country, and analyzes the policy framework that undermines sex workers' access to rights. Details: Nairobi: Federation of Women Lawyers (FIDA), 2008 Source: Public Health Program's Sexual Health and Rights Project and Law and Health Initiative; Open Society Initiative for East Africa Year: 2008 Country: Kenya URL: Shelf Number: 115373 Keywords: Human RightsSex Workers |
Author: Defence for Children International. Palestine Section Title: Palestinian Child Prisoners: The Systematic and Institutionalised Ill-Treatment and Torture of Palestinian Children by Israeli Authorities Summary: This report documents the widespread ill-treatment and torture of Palestinian children at the hands of the Israeli army and police force. It contains the testimonies of 33 children who bear witness to the abuse they received at the hands of soldiers from the moment of arrest through to an often violent interrogation. Children report being painfully shackled for hours on end, kicked, beaten and threatened, some with death, until they provide confessions, some written in Hebrew, a language they do not speak or understand. The report finds that these illegally obtained confessions are routinely used as evidence in the military courts to convict around 700 Palestinian children every year. Details: Jerusalem: DCI-Palestine, 2009 Source: Defence for Children International; Human Security Gateway Year: 2009 Country: Israel URL: Shelf Number: 114819 Keywords: ConfessionsHuman RightsJuvenile Corrections |
Author: Bencomo, Clarisa Title: Entrenching Impunity: Moldova's Response to Police Violence During the April 2009 Post-Election Demonstrations Summary: Moldovan police beat and otherwise ill-treated at least 300 peaceful protesters of the nearly 700 they detained following the parliamentary elections in April, according to this report released by the Soros Foundation--Moldova. In at least 100 cases, the ill treatment took place inside police commissariates. This report documents personal accounts of people who suffered beatings, sleep deprivation and verbal abuse at the hands of police after the April demonstrations. This report is the most extensive collection of information available to date on the number of individuals police apprehended during the April events. Peaceful demonstrations to protest the outcomes of the parliamentary elections in April turned violent when a small number of rogue elements in the crow; by the evening of April 7 they started a horrible campaign of mass arrests, which lasted a few days. The report also offers recommendations for the new government to end impunity and restore confidence in the justice system. They include creating a truly independent public commission to continue investigations into the events in April, make public recommendations for reforms, and promote accountability. Details: Chisinau, Moldova: Ed. Cartier, 2009 Source: Open Society Institute; Soros Foundation--Moldova Year: 2009 Country: Moldova URL: Shelf Number: 117404 Keywords: Human RightsPolice MisconductViolent Crime |
Author: Amnesty International Title: Public Outrage: Police Officers Above the Law in France Summary: French police officers have been accused of racist abuse, excessive use of force, beatings, unlawful killings, and other human rights violations. This report examines the French justice system, and argues that it fosters impunity for those police officers accused of such acts. Internal police investigations, judges, prosecutors and victims experiences are all examined in relation to alleged human rights violations by French police officers. Details: London: Amnesty International Publications, 2009 Source: Year: 2009 Country: United Kingdom URL: Shelf Number: 115346 Keywords: FranceHuman RightsPolice BehaviorUse of Force |
Author: Tomkin, Jean Title: Orphans of Justice: In Search of the Best Interests of the Child When a Parent is Imprisoned: A Legal Analysis Summary: In response to the increasing body of research examining the impact of parental imprisonment on children, this report undertakes to address how this is affecting the court decisions. Of concern is how judges are utilizing developing understandings of a child's best interests to interpret the international standard guaranteeing the child's rights. This paper examines case law and practice around the world in regards to these issues. Details: Geneva: Quaker United Nations Office, 2009 Source: Year: 2009 Country: Switzerland URL: Shelf Number: 116263 Keywords: Criminal Justice PolicyFamilies of InmatesHuman RightsJuveniles |
Author: Arnott, Jayne Title: Rights Not Rescue: A Report on Female, Male, and Trans Sex Workers' Human Rights in Botswana, Namibia, and South Africa Summary: This study deployed qualitative methodologies to produce a rich data set illustrating the complexities of the issues confronted by sex workers in Botswana, Namibia, and South Africa. Researchers held focus groups in order to engage respondents in joint discussion regarding their working conditions and experiences before moving into collecting more in-depth information related to health and rights. Upon completion of the research, the proposed findings and recommendations were presented to a focus group of study participants. Their suggestions helped to refine and prioritize the recommendations. Details: New York: Open Society Institute, 2009 Source: Open Society Institute Public Health Program Year: 2009 Country: United States URL: Shelf Number: 115745 Keywords: BotswanaHuman RightsNamibiaProstitutionSouth Africa |
Author: United Nations. Office on Drugs and Crime. Regional Office for Southern Africa Title: Combating Trafficking in Persons: A 2005 Assessment of the Laws and Measures Relevant to Human Trafficking in Selected SADC Countries: Malawi, Mozambique, South Africa and Zambia Summary: This assessment analyzes laws and measures related to human trafficking in a sample of Southern African Development Community (SADC) countries, namely Malawi, Mozambique, South Africa and Zambia. It also analyzes laws and measures concerning organized crime, money laundering, corruption and related areas, as defined and addressed in the United Nations Convention against Transnational Organized Crime, due to their integral relationship with human trafficking. The assessment provides information on the ratification and implementation status of the Convention and Protocol in all SADC countries. It further provides some anecdotal information on human trafficking in the assessment countries and gives a brief overview of studies on its extent and nature. Details: Pretoria, South Africa: 2007 Source: Year: 2007 Country: South Africa URL: Shelf Number: 115738 Keywords: Human RightsHuman TraffickingMalawiMozambiqueZambia |
Author: Restifo, Francesca Title: Violence Against Women and Children in Kenya: An Alternative Report to the Committee Against Torture Summary: The purpose of this alternative report is to address matters that make women and children vulnerability of women and children, as regards their exposure to torture, and other cruel, inhuman and degrading treatment and punishment. Furthermore, it draws attention to consistent human rights violations involving torture and ill-treatment inflicted on women and children by both State officials and non-State actors. It also addresses to what extent the Kenyan government fails to protect women and children from torture. In this respect, the present report provides the Committee with a legal and practical overview on women's and children's rights in Kenya in the context of the implementation of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Details: Geneva, Switzerland: World Organisation Against Torture, 2008 Source: Year: 2008 Country: Switzerland URL: Shelf Number: 114859 Keywords: Female VictimsHuman RightsJuvenilesKenyaViolent Crime |
Author: Robertson, Phil Title: From the Tiger to the Crocodile: Abuse of Migrant Workers in Thailand Summary: The thousand of migrant workers from Burma, Cambodia, and Laos who yearly cross pourous borders in Thailand experience daily situations straight out of a Thai proverb -- excaping from the tiger, but then meeting the crocodile -- that describes fleeing from one difficult or deadly situation into another that is just as bad. This report finds a litany of labor rights violations against migrants, including denying the right to organize and collectively bargain, and retaliating with intimidation, violence and firings. Forced labor and human trafficking continue to be the other major risks faced by migrant workers in Thailand. Details: New York: Human Rights Watch, 2010. 119p. Source: Internet Resource: Accessed April 17, 2018 at: http://www.refworld.org/docid/4b84ec212.html Year: 2010 Country: Thailand URL: http://www.refworld.org/docid/4b84ec212.html Shelf Number: 117117 Keywords: Forced LaborHuman RightsHuman TraffickingMigrant Workers |
Author: Navarrete-Frias, Carolina Title: Illegal Drugs and Human Rights of Peasants and Indigenous Communities: The Case of Colombia Summary: This study analyses the problem of illegal drugs and human rights abuses in Colombia, paying special attention to the effects of the illegal drugs industry on indigenous and peasant communities and to their responses to the industry's development. Details: Paris: United Nations Educational, Scientific and Cultural Organization, 2005. 49p. Source: Management of Social Transformations; Policy Papers No. 15 Year: 2005 Country: Colombia URL: Shelf Number: 116260 Keywords: Drug TraffickingHuman RightsIndigenous Peoples |
Author: Navarrete-Frias, Carolina Title: Illegal drugs and Human Rights of Peasants and Indigenous Communities: The Case of Bolivia Summary: This study analyses the problem of illegal drugs and human rights abuses in Bolivia, paying special attention to the effects of the illegal drugs industry on indigenous and peasant communities and to their responses to the industry's development. Details: Paris: United Nations Educational, Scientific and Cultural Organization, 2005. 46p. Source: Management of Social Transformations; Policy Papers No. 14 Year: 2005 Country: Bolivia URL: Shelf Number: 116259 Keywords: Drug TraffickingHuman RightsIndigenous Peoples |
Author: Navarrete-Frias, Carolina Title: Illegal Drugs and Human Rights of Peasants and Indigenous Communities: The Case of Peru Summary: This paper analyses the problem of illegal drugs and human rights abuses in Peru, paying special attention to the effects of the illegal drugs industry on indigenous and peasant communities and to their responses to the industry's development. Details: Paris: United Nations Educational, Scientific and Cultural Organization, 2005. 38p. Source: Management of Social Transformations; Policy Papers No. 13 Year: 2005 Country: Peru URL: Shelf Number: 116258 Keywords: Drug TraffickingHuman RightsIndigenous Peoples |
Author: Pierre, Yves-Francois Title: Lost Childhoods in Haiti: Quantifying Child Trafficking, Restaveks, and Victims of Violence Summary: This report presents the findings of a survey on human rights violations, with an emphasis on child trafficking, abuse, and violence in Haiti. Details: Port-au-Prince, Haiti: U.S. Agency for International Development/Haiti Mission: Washington, DC: Pan American Development Foundation, 2009. 77p. Source: Year: 2009 Country: Haiti URL: Shelf Number: 117590 Keywords: Child AbuseHuman RightsHuman Trafficking |
Author: Martynowicz, Agnieszke Title: Detention of Children in Ireland: International Standards and Best Practice. Summary: Relatively little is known about Irish children who come into conflict with the law and much work needs to be done to identify the barriers children face exercising their rights in the criminal justice system. However, research undertaken in Ireland indicates that such children come from poor socio-economic backgrounds; many of them have lived out-of-home or been in care; they have weak attachment to family and invariably have problems with drugs and/or alcohol. They are typically early school leavers and mental health and behaviour problems are particularly prevalent among this group. Where these risk factors converge, the risk of being involved in criminal behaviour is multiplied. Through our investigation of individual cases in the Office of the Ombudsman for Children we are finding evidence of a system that is not designed to respond to these complex needs. We see the results of criminal behaviour taking precedence over the welfare needs of children and young people. The central ethos of the Children Act, 2001 is the diversion of children away from the criminal justice system. The approach taken in the Act, focusing on preventative measures and restorative justice mechanisms, is the right approach and the one which best protects the rights of children and young people in conflict with the law in line with Ireland's legal obligations. Through this approach, the complex needs of children can be addressed without the need to resort to youth justice measures. However, the implementation of non-custodial solutions for children in conflict with the law in Ireland is slow, and more needs to be done to make the principle of detention as a measure of last resort a reality When detention of children is deemed necessary, it should only be used for the shortest appropriate time. The conditions in which children are held and the support which they are to be afforded is laid out in detail in international standards which are described in this report. I have seen for myself in Ireland that the Children Detention Schools, operating under the umbrella of the Irish Youth Justice Service, employ many practices that aim to respect the rights of children in their care. The continued detention of boys in St Patrick's Institution (pending the construction of the National Children Detention Facility) remains a serious concern, and is not in compliance with international human rights standards. Having visited all of the Detention Schools and St Patrick's Institution, I am convinced that the detention of children in prisons must end. Of additional concern is the fact that I cannot investigate complaints from children held in St Patrick/s Institution due to an exclusion in the Ombudsman for Children Act, 2002. I therefore particularly welcome the recommendation contained in the report that supports both my own and the Committee on the Rights of the Child recommendation to extend the remit of the Ombudsman for Children's Office to include the power to receive complaints from children so held. The system of detention of children in Ireland is currently undergoing a major change. This is a real opportunity to get things right from the outset and the best interests of children must be at the heart of any developments in this area. I believe that the future development of the system of Children Detention Schools should be centred on the principles of rights, rehabilitation and care. Details: Dublin: Irish Penal Reform Trust, 2009. 96p. Source: Accessed May 19, 2017 at: http://www.iprt.ie/files/Detention_of_Children_in_Ireland_FINAL.pdf Year: 2009 Country: Ireland URL: Shelf Number: 117594 Keywords: Human RightsJuvenile CorrectionsJuvenile DetentionJuvenile InmatesJuvenile Justice Systems |
Author: Sullivan, Elizabeth Title: Deprived of Dignity: Degrading Treatment and Abusive Discipline in New York City and Los Angeles Public Schools Summary: This report examines degrading treatment and abusive disciplinary measures experienced by students of color from low-income communities in public schools in New York City and Los Angeles. It documents this destructive school culture through the lens of human rights. Details: New York: National Economic and Social Rights Initiative, 2007. 62p. Source: Year: 2007 Country: United States URL: Shelf Number: 116295 Keywords: Child Abuse and NeglectChild MaltreatmentEducationHuman Rights |
Author: Berlin, Daniel Title: Between the Border and the Street: A Comparative Look at Gang Reduction Policies and Migration in the United States and Guatemala Summary: This report examines the rise of gangs in Guatemala and the United States, compares the anti-gang strategies in each country, discusses relative successes and failures, and offers recommendations for more sensible, humane, and effective policies to reduce youth violence. Details: Washington, DC: Human Rights Institute, Georgetown University Law Center, 2007. 63p. Source: HRI Papers & Reports Year: 2007 Country: Guatemala URL: Shelf Number: 117589 Keywords: Human RightsYouth Gangs (Guatemala)Youth Gangs (United States |
Author: International Federation for Human rights Title: Burma/Myanmar: International crimes Committed in Burma: The Urgent Need for a Commission of Inquiry Summary: This briefing note presents an overview of existing documentation on serious human rights violations perpetrated by Burma's military regime, and demonstrates that international crimes are still being perpetrated in Burma. Details: Paris: Federation for Human Rights; Bangkok, Thailand: ALTSEAN Burma, 2009. 46p. Source: Year: 2009 Country: Burma URL: Shelf Number: 117342 Keywords: Human RightsImprisonmentRapeTorture |
Author: World Health Organization. Regional Office for the Western Pacific Title: Assessment of Compulsory Treatment of People Who Use Drugs in Cambodia, China, Malaysia, and Viet Nam Summary: This report deals with compulsory drug treatment centers in four countries in the WHO Western Pacific Region, namely, China, Cambodia, Malaysia and Viet Nam. It describes the treatment and HIV-related interventions provided at the centers, and attempts to assess these from a human rights perspective. Details: Manila: World Health Organization, Western Pacific Region Source: Internet Resource: Accessed August 23, 2017 at: http://www.aidsdatahub.org/sites/default/files/documents/Assessment_of_compulsory_treatment_of_PUD.pdf Year: 2009 Country: Asia URL: Shelf Number: 118231 Keywords: Drug Abuse AddictionDrug Abuse TreatmentHuman Immunodefiency Virus (HIV)Human Rights |
Author: Wilcke, Christoph Title: Torture and Impunity in Jordan's Prisons: Reforms Fail to Tackle Widespread Abuse Summary: Torture remained widespread and routine in Jordan's prisons at the time of Human Rights Watch's research in 2007. Updates to the investigation in 2008 reveal that problems of torture and accountability persist. This report in based on visits to seven out of ten of Jordan's prisons in August and October 2007, and in April 2008. It found that prison conditions remain poor, especially health, food, and visitation provisions, despite an ambitious but ill-considered reform program excessively focused on building new prisons. Details: New York: Human Rights Watch, 2008 91p. Source: Internet Resource Year: 2008 Country: Jordan URL: Shelf Number: 113081 Keywords: Human RightsPrisoners (Abuse of, Jordan)Prisons (Jordan)Torture (Jordan) |
Author: Lines, Rick Title: The Death Penalty for Drug Offences: A Violation of International Human Rights Law Summary: This report examines the use of capital punishment for drug offences, and considers whether drug crimes meet the threshold of most serious crimes as interpreted under the International Covenant on Civil and Political Rights. It reviews the legislation and practice in retentionist states, and discusses the approach of various human rights bodies to the issue. Finally, it argues that drug-related offences do not constitute most serious crimes, and consequently finds that the execution of drug offenders violates international human rights law. Details: London: International Harm Reduction Association, 2007. 31p. Source: Year: 2007 Country: International URL: Shelf Number: 116313 Keywords: Capital PunishmentDrug OffendersHuman Rights |
Author: Bourque, Jimmy Title: The Effectiveness of Profiling from a National Security Perspective Summary: This study examines whether the use of profiling techniques by law enforcement agencies makes any real contribution to national security while also protecting human rights. Details: Ottawa: Canadian Human Rights Commission and Canadian Race Relations Foundation, 2009. 104p. Source: Year: 2009 Country: Canada URL: Shelf Number: 118361 Keywords: Ethnic GroupsHuman RightsLaw EnforcementProfilingRace/Ethnicity |
Author: Open Society Institute, International Harm Reduction Development Program Title: Detention as Treatment: Detention of Methamphetamine Users in Cambodia, Laos, and Thailand Summary: Methamphetamine use is a serious public health concern in Cambodia, Laos, and Thailand. Despite having policies that recognize addiction as a health problem, these governments are increasingly using law enforcement approaches that treat drug users as criminals rather than patients. This report examines the growing use of detention as treatment for methamphetamine users in the three countries. It examines the policies and practices that force people to detention centers, documents abuses and human rights violations occuring in the centers, and discusses the overall implications for individual and public health. Details: New York: Open Society Institute, 2010. 81p. Source: Internet Resource Year: 2010 Country: Asia URL: Shelf Number: 118619 Keywords: Detention (Cambodia, Laos, Thailand)Drug AbuseDrug AddictionDrug OffendersDrugsHuman RightsMethamphetamines ( Cambodia, Laos, Thailand) |
Author: Turukanova, Elena Title: ODIHR Anti-Trafficking Programme: Identification, Assistance and Protection of Victims of Trafficking in the Russian Federation (Focusing on the Moscow Region) Summary: The OSCE/ODIHR, the human rights institution of the OSCE, focuses on the protection of international rights in responses to trafficking. In particular it has developed the concept of 'National Referral Mechanisms' (NRMs) a human-rights based approach to identifying and protecting trafficking victims, which places protection of trafficked persons rights' at the center of its concern. This review provides an overview of the steps already taken by Russia to implement its OSCE commitments on anti-trafficking, with particular consideration given to the measures it has taken to establish an NRM. Details: Vienna: Office for Democratic Institutions and Human Rights, Organisation for Security and Cooperation Europe, 2008. 53p. Source: Internet Resource Year: 2008 Country: Russia URL: Shelf Number: 118710 Keywords: Human RightsHuman TraffickingVictims of Trafficking |
Author: Matas, David Title: Bloody Harvest: Revised Report into Allegations of Organ Harvesting of Falun Gong Practitioners in China Summary: It is alleged that Falun Gong practitioners are victims of live organ harvesting throughout China. This report presents the findings of an investigation into these allegations. Details: Unpublished: 2007. 237p. Source: Internet Resource Year: 2007 Country: China URL: Shelf Number: 118747 Keywords: Bias-Motivated CrimesHate Crimes (Burma)Human RightsMinority GroupsMuslimsTrafficking in Human OrgansViolent Crimes |
Author: Broecker, Christen Title: Turning Critics Into Criminals: The Human Rights Consequences of Criminal Defamation Law in Indonesia Summary: In Indonesia, publicly voicing criticism of officials and powerful individuals can lead to criminal charges and, in some cases, imprisonment. While media freedom and freedom of expression have expanded significantly in the 12 years since Indonesia began its transition from authoritarianism to democracy, a number of laws criminalizing speech remain on the books. These include criminal libel, slander, and insult laws. Punishments under the laws include stiff fines and prison sentences of up to six years. This report documents recent cases in which such laws have been used by public officials and powerful individuals in Indonesia to the detriment of anti-corruption activists, human rights defenders, journalists, consumers, and others. Based on interviews with more than 30 defendants and witnesses, it reveals the disastrous and long-lasting impact criminal defamation investigations and prosecutions can have on the lives of those accused. The report urges Indonesia to repeal its criminal defamation laws and craft appropriate civil defamation provisions to better safeguard freedom of expression while still adequately protecting reputational interests. Details: New York: Human Rights Watch, 2010. 86p. Source: Internet Resource Year: 2010 Country: Indonesia URL: Shelf Number: 118813 Keywords: Criminal DefamationCriminal Law (Indonesia)Freedom of SpeechHuman Rights |
Author: Varia, Nisha Title: Slow Reform: Protection of Migrant Domestic Workers in Asia and the Middle East Summary: This report surveys progress in Saudi Arabia, Kuwait, the United Arab Emirates, Bahrain, Lebanon, Jordan, Singapore, and Malaysia in extending protection to domestic workers under labor laws, reforming immigration sponsorship systems that contribute to abuse, ensuring effective response by police and courts to physical and sexual violence, and allowing civil society and trade unions to organize. The report highlights best government responses and continuing protection gaps and makes detailed recommendations to ensure respect for migrant domestic workers' rights. Details: New York: Human Rights Watch, 2010. 26p. Source: Internet Resource Year: 2010 Country: Asia URL: Shelf Number: 119143 Keywords: Human RightsMigrant Workers (Asia and Middle East)MigrantsSexual Violence |
Author: International Human Rights Clinic at Harvard Law School Title: Crime in Burma Summary: This report examines the following human rights abuses in Burma: forced labor; recruitment of child soldiers; widespread sexual violence; extrajudicial killings and torture; and more than a million displaced persons. It calls on the United Nations Security Council urgently to establish a Commission of Inquiry to investigate and report on crime against humanity and war crimes in Burma. Details: Cambridge, MA: International Human Rights Clinic, Harvard University, 2009. 104 p. Source: Internet Resource Year: 2009 Country: Burma URL: Shelf Number: 119146 Keywords: Forced LaborHuman RightsRapeSexual Assault |
Author: IMAS, Inc. Title: Women At-Risk in the Republic of Moldova: National Representative Survey Summary: Two of the Republic of Modova's greatest human rights concerns today include domestic violence and trafficking in persons. With this in mind, between May and June of 2005, Winrock International, working in collaboration sith IMAS Inc., commenced a study in which face-to-face interviews were conducted among 1,030 women from between the ages of 16 and 35 throughout the country. One of the primary objectives of the study was to identify the profiles of women who are vulnerable to becoming victims of trafficking. At the same time, the study evaluates levels of domestic violence across a wide spectrum of the population and its inter-relationship with the phenomenon of trafficking. Details: Chisenau, Republic of Moldova: IMAS Inc. and Winrock Interntational, 2005. 113p. Source: Internet Resource Year: 2005 Country: Moldova URL: Shelf Number: 117705 Keywords: Domestic ViolenceHuman RightsHuman TraffickingSexual Exploitation |
Author: American Civil Liberties Union. Rights Working Group Title: The Persistence of Racial and Ethnic Profiling in the Untied States: A Follow-up Report to the U.N. Committee on the Elimination of Racial Discrimination Summary: In the 21st century, despite the United States’ obligation to comply with the human rights standards and protections embodied in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the practice of racial profiling by members of law enforcement at the federal, state, and local levels remains a widespread and pervasive problem throughout the United States, impacting the lives of millions of people in African American, Asian, Latino, South Asian, Arab and Muslim communities. Data and anecdotal information from across the country reveal that racial minorities continue to be unfairly victimized when authorities investigate, stop, frisk, or search individuals based upon subjective identity-based characteristics rather than identifiable evidence of illegal activity. Victims continue to be racially or ethnically profiled while they work, drive, shop, pray, travel, and stand on the street. Details: New York: ACLU, 2009. 88p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 116252 Keywords: Human RightsMinorities, Civil RightsRacial DiscriminationRacial Profiling in Law Enforcement |
Author: Raymond, Nathaniel Title: Experiments in Torture: Evidence of Human Subject Research and Experimentation in the "Enhanced" Interrogation Program Summary: In the most comprehensive investigation to date of health professionals' involvement in the CIA's "enhanced" interrogation program (EIP), Physicians For Human Rights has uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody. The apparent experimentation and research appear to have been performed to provide legal cover for torture, as well as to help justify and shape future procedures and policies governing the use of the "enhanced" interrogation techniques. Details: Cambridge, MA: Physicians for Human Rights, 2010. 25p. Source: Internet Resource; White Paper Year: 2010 Country: United States URL: Shelf Number: 119361 Keywords: Human RightsTorture |
Author: Mudhurima Title: Rights Behind Bars: Landmark Judicial Pronouncement and National Human Rights Commission Guidelines Summary: The Constitution of India guarantees fundamental human rights to every individual. It further pledges that the state will safeguard these human rights and protect citizens from any arbitrary infringement upon their liberty, security and privacy. The Supreme Court of India has reiterated this principle many a times in the past 30 years. Over the years, the Supreme Court has on many occasions emphasised the role of the judiciary as a “guardian of their sentences.” To support this, the court has laid down a number of guidelines and directives for the state to follow. The National Human Rights Commission (NHRC) has also issued guidelines and written letters to various agencies including the judiciary, the prison department and the state government to ensure that the rights of the prisoners are respected. There is, however, a huge gap between the constitutional promises as enunciated by the judiciary, and the reality of the lives of prison inmates. About 65 per cent of the prisoners are not convicted of any offence but are just awaiting trial. They may continue to be held in prisons for years. A huge majority of these under-trial prisoners are poor. The system fails them at every turn. They are denied bail for want of monetary security. Trials take years. Often, they have no lawyers, live in pathetic conditions, do not have access to adequate medical care, and are likely to be tortured or exploited. They are not aware of their rights. Often, legal aid lawyers and prison officials are also unaware. This compilation seeks to bring together important judicial pronouncements and NHRC guidelines on prisons and prisoners’ rights in a simplified form so that this information is easily accessible to those who are interested. Details: New Delhi: Commonwealth Human Rights Initiative, 2009. 89p. Source: Internet Resource Year: 2009 Country: India URL: Shelf Number: 119415 Keywords: Criminal Justice System (India)Human RightsInmatesPrisoners (India)Prisoners' RightsPrisons |
Author: Vinck, Patrick Title: Building Peace, Seeking Justice: A Population-Based Survey on Attitudes About Accountability and Social Reconstruction in the Central African Republic Summary: Decades of political instability, state fragility, mismanagement, and a series of armed conflicts have led the Central African Republic (CAR) to a state of widespread violence and poverty. This study provides a better understanding of the scope and magnitude of violence in CAR and its consequences, as well as a snapshot of what the citizens of CAR believe is the best way to restore peace. It also examines the issue of justice and accountability for the serious crimes that were committed. This report provides the findings from a survey of 1,879 adults, residents of CAR, randomly selected in the capital city of Bangui, and the prefectures of Lobaye, Ombella M’Poko, Ouham, and Ouham Pende. These prefectures encompass a large geographic area representing 52 percent of the total population of CAR and have experienced varying levels of exposure to the conflicts. Locally trained teams conducted the interviews between November and December 2009. This report provides a detailed analysis of results on a wide range of topics related to the population’s priorities and needs, exposure to violence, security, community cohesion and engagement, access to information, conflict resolution, reintegration of former combatants, transitional justice, and reparations for victims. Details: Berkeley, CA: Human Rights Center, University of California, Berkeley, 2010. 41p. Source: Internet Resource Year: 2010 Country: Central African Republic URL: Shelf Number: 119520 Keywords: Human RightsTransitional JusticeViolenceViolent Crime |
Author: Gordon, Gretchen Title: Truth Behind Bars: Colombian Paramilitary leaders in U.S. Custody Summary: Colombian drug lords extradited to the United States must be held accountable for their role in the mass atrocities that have devastated their country. This report calls on the U.S. government to give Colombian authorities access to these extradited drug lords for their own criminal investigations. By supporting Colombia’s human rights probes, the U.S. may help bring an end to that country’s cycle of violence. Details: Berkeley, CA: International Human Rights Law Clinic, 2010. 28p. Source: Internet Resource Year: 2010 Country: Colombia URL: Shelf Number: 119535 Keywords: Drug Trafficking (Colombia)Human RightsViolence |
Author: Human Rights Foundation of Monland. Women and Child Rights Project (WCRP) Title: Nowhere Else to Go: An Examination of Sexual Trafficking and Related Human Rights Abuses in Southern Burma Summary: "This report documents sexual trafficking and human rights abuses committed against Burmese women and children from 19 Townships in Mon State, Karen State, Tenasserim Division, Pegu Division, Rangoon Division and Mandalay Division. From 2004 to July 2009 the (Mon) Woman and Child Rights Project (WCRP)—Southern Burma documentation program compiled 40 separate incidents totaling 71 victims. This number represents only a small percentage of the instances of sexual trafficking from Burma to Thailand and other bordering nations, though the case studies of this report provide an important lens through which to view the present-day situation. Sexual trafficking and related human rights abuses are pervasive and arguably growing problems systematized by a harsh economic reality under the military rule of the State Peace and Development Council (SPDC). Whereas the illegitimate junta has become a signatory of anti-trafficking protocols from the United Nations and founded internal regulatory committees to deal with such issues, the last decade has seen flagrant corruption along the border of Burma and Thailand. Government-organized NGOs dedicated to defending the rights’ of its people serve more as roadblocks than as catalysts for social advancement and equitable access to state resources. Facing a broken educational system most likely to betray them, women and girls inside Burma are left with few employable skills and must seek money in any way they can. A reeling marketplace stunted by the government’s economic mismanagement, increased militarization in rural and especially border areas, and the ear-ringing echoes of Cyclone Nargis and price fluctuations from a global economic downturn leave the women of the mainly-agrarian regions of Southern Burma with a glaring ultimatum: migrate or starve. The draw of being able to send money back to their home country in the form of remittances often cannot be tempered even by stories of corrupt traffickers, arrests, or dangerous and abusive living conditions upon arrival. Most of the incidents detailed in this report point to violent sexual abuses that took place during the trafficking process or upon arrival in Thailand, Malaysia, and other destinations. The interview subjects often narrate the types of factory and domestic jobs they were promised to contrast the illegal sex work and other exploitive labor they were forced to perform." Details: Burma: Human Rights Foundation of Monland, 2009. 92p. Source: Internet Resource; Accessed August 13, 2010 at: http://rehmonnya.org/data/nowhereelsetogo.pdf Year: 2009 Country: Burma URL: http://rehmonnya.org/data/nowhereelsetogo.pdf Shelf Number: 117670 Keywords: Human RightsHuman TraffickingProstitutionSex TraffickingSexual Exploitation |
Author: Cheesman, Nick Title: The Criminal Justice System of the Philippines is Rotten Summary: This report examines the situation of criminal justice and wanton killings, disappearances, assault, arbitrary detention and torture by state officers or their agents in the Philippines. The report contains details of 110 specific cases, involving 227 victims, including 81 incidents of killing or attempted killing documented by the sister organisation of the ALRC, the Asian Human Rights Commission since 2004, 62 of them since the start of 2006 alone. The remaining 39 cases relate to incidents of torture, disappearance, abduction, illegal arrest and intimidation. The report discusses these individual cases with reference in particular to the country¡¦s defective policing, and inept prosecution and witness protection programme, handled by the Department of Justice. It also discusses them with reference to the role of the military, and in particular, the labelling of persons extrajudicially killed as ¡§enemies¡¨ or equivalent, in order to create a category of citizens for whom the ordinary laws no longer need apply and who may be killed without fear of consequences or the prospect of effective investigation. The manner in which this is now being done threatens the entire criminal justice system, and more broadly, the very fabric of government and democracy of the country. Six suggestions are given for ways to stop the rot, including with reference to the need for an urgent comprehensive review of the Philippines criminal justice system; the rationalising of its deficient witness protection programme and law; the strengthening of agencies for the receipt, investigation and prosecution of complaints against police and military officials; the use of labelling; action on findings into extrajudicial killings; and the enactment of domestic laws on torture, enforced disappearance and other fundamental rights in accordance with binding agreements under international treaties and the recommendations of treaty bodies. (Excerpts from document) Details: Hong Kong: Asian Legal Resource Centre (ALRC), 2007. 192p. Source: Internet Resource; Article 2 of the International Covenant on Civil and Political Rights; Vol. 6, no. 1; Accessed August 17, 2010 at: http://www.article2.org/pdf/v06n01.pdf Year: 2007 Country: Philippines URL: http://www.article2.org/pdf/v06n01.pdf Shelf Number: 113032 Keywords: Criminal Justice Systems (Philippines)Human RightsPolicing (Philippines)ProsecutionTortureViolence (Philippines) |
Author: Hagemann-White, Carol Title: Gendering Human Rights Violations: The Case of Interpersonal Violence- Coordination Action on Human Rights Violations (CAHRV) Summary: Human dignity, fundamental rights and human security set standards by which individuals, communities and societies can develop their potential and learn to resolve or transform conflict constructively without violence. Yet these standards are frequently disregarded, not only in times of war, but also in everyday life – in homes, in schools, at work and in public places. Painful acts of violation occur in close personal relationships or within social environments such as neighbourhoods. The research network “Coordination Action on Human Rights Violations” was founded to look at the structural patterns underlying these everyday injuries, many of which have only recently become an object of public concern, and to develop a comprehensive and integrated perspective towards understanding and addressing them. There is a need for such a systematic view, for both research and policy have tended to look at interpersonal violence piecemeal. A national prevalence study will set off a discussion on violence in the family against women. An outbreak of violence in schools will be followed by a spurt of public statements about youth, unemployment and cultural conflict. A case of abuse or fatal neglect of a child mobilizes concern about social services and child protection. Each wave of concern seems to call attention to a new and different problem, while in fact research has the tools and theoretical resources to describe their interconnections, and to suggest approaches to broader-based strategies of overcoming them. The time is ripe for an integrated approach, and the great interest and enthusiasm raised by the CAHRV project is a sign that the European research community was more than ready to study, describe and present to policy-makers the linkages between the problem areas. Unchecked interpersonal violence represents a threat to democracy and social cohesion, but to understand how and why it is still present in our midst requires in-depth understanding of how violence is shaped by gender for both women and men, both boys and girls; how stressors and power imbalances between the generations lead to violence, and how these interconnect. The CAHRV philosophy of linking the gender and generational dimensions that appear in interpersonal violence proved highly successful. 22 partner institutions took responsibility for the work program comprising literature reviews across numerous countries, thematic and crosscutting workshops, large conferences with high public impact, and internet communication activities such as a newsletter, an internet mapping of literature, a publication site with carefully edited papers of professional quality, and analytical reviews on central issues. In all, over 100 researchers from 20 countries1 in the enlarged Europe contributed actively (and often without compensation) to the work. Part one of the report offers an overview of the aims and the achievements of the CAHRV project and presents some of its over-arching themes. The following chapter 2 presents the project objectives and explains the rationale behind them. In chapter 3, the working methods and specific achievements in coordinating research are outlined, showing how this broadbased enterprise became meaningful and useful. Chapter 4 reviews and assesses the contribution of the work completed towards the overall objectives as set out in the original project proposal. In chapter 5, advances in developing a shared theoretical framework for understanding interpersonal violence in a human rights context are discussed. This includes weighing of the benefits and limitations of human rights frameworks for research on interpersonal violence. Chapter 6 discusses “fruits of collaboration”: insights that emerged across the different thematic focal areas. Part two looks more closely at the specific content areas of the work program and at the progress of knowledge within each area. In a summarizing form, the main results of the collaboration are presented. Details: Luxembourg: Office for Official Publications of the European Communities, 2008. 78p. Source: Internet Resource: Accessed September 6, 2010 at: http://www.cahrv.uni-osnabrueck.de/reddot/CAHRV_final_report_-_complete_version_for_WEB.pdf Year: 2008 Country: Europe URL: http://www.cahrv.uni-osnabrueck.de/reddot/CAHRV_final_report_-_complete_version_for_WEB.pdf Shelf Number: 119749 Keywords: Battered WomenDomestic ViolenceFamily ViolenceHuman RightsInterpersonal ViolenceIntimate Partner ViolenceSpouse Abuse |
Author: Zimic, Simona Zavratnik, ed. Title: Women and Trafficking Summary: The book gathers proceedings of an international seminar titled Women in Migration and Vulnerability for Trafficking in Human Beings, organized by the East East Cooperation Center at the Peace Institute, Ljubljana, taking place 11–12 June 2004 in Piran, Slovenia. The fifteen papers presented and carefully debated at the seminar cover a variety interdisciplinary encounters and experiences with trafficking in women, among them an historical overview, debates over human rights approaches, an analysis of media reporting, and innovative recommendations for recasting the issue. The book includes a series of case studies covering experiences in field work, legislation in different countries. Details: Ljubljana, Slovenia: Peace Institute, 2004. 180p. Source: Internet Resource: Accessed September 7, 2010 at: http://www2.arnes.si/~ljmiri1s/eng_html/publications/pdf/MI_politike_symposion_women_and.pdf Year: 2004 Country: Europe URL: http://www2.arnes.si/~ljmiri1s/eng_html/publications/pdf/MI_politike_symposion_women_and.pdf Shelf Number: 119242 Keywords: Human RightsHuman TraffickingSex Trafficking |
Author: Guild, Elspeth Title: Criminalisation of Migration in Europe: Human Rights Implications Summary: On 29 September 2008, the Council of Europe Commissioner for Human Rights (the Commissioner) issued a Viewpoint expressing his concern regarding the trend to criminalize the irregular entry and presence of migrants in Europe presented as part of a policy of migration management. He stated that ‘such a method of controlling international movement corrodes established international law principles; it also causes many human tragedies without achieving its purpose of genuine control.’ This Issue Paper builds on the concern of the Commissioner by examining, systematically, the human rights issues which arise from the phenomenon in Council of Europe member states of criminalisation of border crossing by people and of their presence on the territory of a state. Details: Strasbourg: Council of Europe, Commissioner for Human Rights, 2010. 53p. Source: Internet Resource: Issue Paper: Accessed September 7, 2010 at: http://www.statewatch.org/news/2010/feb/coe-hamm-criminalisation-of-migration.pdf Year: 2010 Country: Europe URL: http://www.statewatch.org/news/2010/feb/coe-hamm-criminalisation-of-migration.pdf Shelf Number: 119761 Keywords: Human RightsIllegal AliensImmigrantsImmigration |
Author: Burnett, Jon Title: State Sponsored Curelty: Children in Immigration Detention Summary: This report presents key findings from the UK’s first large scale investigation into the harms caused by detaining children. Immigration detention is indefinite. In 2001 the New Labour government made a decision to detain families for immigration purposes, in the same way as single adults. This culminated in the detention of as many as 1,000 children a year in three Immigration Removal Centres (IRCs); Yarl’s Wood near Bedford, Tinsley House at Gatwick Airport, and Dungavel near Strathaven, Scotland. In 2010 the coalition government pledged to end the detention of children. Prime Minister David Cameron said ‘after the Labour Government failed to act for so many years, we will end the incarceration of children for immigration purposes once and for all’. However, the power to detain children still remains along with continued ‘dawn raids’, taking children into temporary care, and the separation of family members in order to force them to leave the UK. Details: London: Medical Justice, 2010. 79p. Source: Internet Resource: Accessed October 9, 2010 at: http://http://www.medicaljustice.org.uk/images/stories/reports/sscfullreport.pdf Year: 2010 Country: United Kingdom URL: http://http://www.medicaljustice.org.uk/images/stories/reports/sscfullreport.pdf Shelf Number: 119901 Keywords: Child MaltreatmentHuman RightsImmigrant DetentionImmigrantsImmigration |
Author: Meyer, Maureen Title: Abused and Afraid in Ciudad Juarez: An Analysis of Human Rights Violations by the Military in Mexico Summary: Washington, DC: Washington Office on Latin America: Mexico: Miguel Agustin Pro Juarez Human Rights Center (Center Prodh), 2010. 15p. Details: This report focuses on human rights violations that occurred in Ciudad Juarez in the context of Joint Operation Chihuahua, which began in March 2008, and reviews the drug policies adopted by the Mexican government, with support from the U.S. government, to address the security crisis in Mexico. The report aims to give voice to some of the victims of the war against organized crime in Mexico: in particular, individuals who have been abused by the very security forces who are supposed to protect them. It does not seek to minimize the countless atrocities committed by drug trafficking organizations and other criminal groups in Mexico, which have been widely reported in the press. Rather, the report focuses on human rights violations — including forced disappearances, torture and arbitrary detentions — that have been committed by the Mexican government’s security forces, mainly the Mexican military, in the context of the counter-drug efforts in the country. The failure to hold soldiers responsible for the violations they commit leads to more abuses, weakens citizen trust, and undermines the population’s willingness to collaborate in the struggle against any type of crime. Source: Internet Resource: Accessed October 15, 2010 at: http://www.wola.org/images/stories/Mexico/wola%20prodh%20juarez%20report%20color.pdf Year: 2010 Country: Mexico URL: http://www.wola.org/images/stories/Mexico/wola%20prodh%20juarez%20report%20color.pdf Shelf Number: 119981 Keywords: Criminal ViolenceDrug TraffickingForced DisappearancesHuman RightsMilitary PersonnelOrganized CrimeTorture |
Author: Leonardi, Cherry Title: Local Justice in Southern Sudan Summary: Since its establishment five years ago under the Comprehensive Peace Agreement (CPA), the Government of Southern Sudan (GoSS) has struggled to create a justice system that reflects the values and requirements for justice among the people of Southern Sudan. For both political and practical reasons, chiefs’ courts and customary law are central to this endeavor. A key question facing the GoSS is how to define the relationship between chiefs’ courts (and the ideas about law that they embody) and the courts of Southern Sudan’s judiciary, while ensuring equal access to justice and the protection of human rights. Policy discussions and recent interventions have focused on ascertainment, whereby the customary laws of communities (usually defined as ethnic groups) would be identified and recorded in written form, to become the basis for the direct application, harmonization, and modification of customary law. This report empirically analyzes the current dynamics of justice at the local level, identifying priorities for reform according to the expressed needs and perceptions of local litigants. Our findings are based on field research conducted from November 2009 to January 2010 in three locations in Southern Sudan: Aweil East, Wau, and Kajokeji. Details: Washington, DC: United States Institute of Peace, 2010. 94p. Source: Internet Resource: Peaceworks No. 66: Accessed October 20, 2010 at: http://www.swisspeace.ch/typo3/fileadmin/user_upload/pdf/KOFF/country_resources/Sudan_Platform/Local_Justice_in_Southern_Sudan.pdf Year: 2010 Country: Sudan URL: http://www.swisspeace.ch/typo3/fileadmin/user_upload/pdf/KOFF/country_resources/Sudan_Platform/Local_Justice_in_Southern_Sudan.pdf Shelf Number: 119973 Keywords: CourtsCriminal Justice SystemsHuman Rights |
Author: Environmental Justice Foundation Title: All At Sea: The Abuse of Human Rights Aboard Illegal Fishing Vessels Summary: Illegal, Unreported and Unregulated (IUU) or ‘pirate’ fishing is devastating marine environments, stealing from developing nations and unsustainable. It is driven by the enormous global demand for seafood and is symptomatic of the wider crises in world fisheries. This report exposes how in their drive to maximise catch and minimise cost, illegal ‘pirate’ fishing operators ruthlessly exploit the crews working aboard their boats. EJF’s new report ‘All at Sea – the abuse of human rights aboard illegal fishing vessels’ documents how individuals working on pirate fishing vessels can be subject to excessive working hours, incarceration, and physical abuse up to and including murder. Often forced to work at sea for months and even years, in many cases the working conditions suffered by these crews meet International Labour Organisation (ILO) definitions of forced labour. The report provides case studies from West Africa, Southeast Asia, the Indian and Pacific Oceans, all regions with high incidences of illegal fishing. Human rights abuses directly documented by EJF and other organisations, including the International Transport Workers Federation (ITF), include physical and emotional abuse, incarceration, forced labour without pay, abandonment, and reports of murder. The majority of workers on IUU fishing vessels are hired through recruitment agencies that target vulnerable, powerless individuals who are very often not experienced fishers and are hired from rural areas in developing countries where alternative work is in desperately short supply. Unfortunately for these crews, the international legal instruments needed to address the human rights abuses aboard illegal fishing vessels do not exist, are voluntary, or have not been ratified by the international community. Details: London: Environmental Justice Foundation, 2010. 23p. Source: Internet Resource: Accessed October 26, 2010 at: Year: 2010 Country: International URL: Shelf Number: 120002 Keywords: Forced LaborHuman RightsIllegal Fishing |
Author: Namibia. Ministry of Gender Equality and Child Welfare and the Ministry of Agriculture, Water and Forestry Title: A Baseline Assessment of Human Trafficking in Namibia: A Nationally Representative Qualitative Assessment Summary: Trafficking in Persons is a significant human rights and development issue worldwide that affects men, women and children, and Namibia is no exception. To this effect, Namibia ratified the United Nations Convention against Transnational Organized Crime and the additional Protocol to Prevent Suppress and Punish Trafficking in Humans especially women and children in 2003. The Prevention of Organized Crime (POCA) Act no.29 of 2004 which criminalizes Trafficking in Persons was enacted. Further, in the US Department of State 2008 Trafficking of Persons (TIP) Report, Namibia was designated a “Special Case.” A Special Case designation denotes that there is simply not enough reliable information on the country’s trafficking circumstances, but the existence of a significant human trafficking problem is suspected, though the scope and magnitude remains unsubstantiated by sufficient reliable reporting. Specifically, the TIP report states: Limited reporting suggests that Namibia may be a source and destination country for trafficked children; however, the magnitude of this problem is unknown. It is suspected that the largest percentages of trafficking victims are children engaged in prostitution. There is evidence that a small number of Namibian children are trafficked within the country for domestic servitude, as well as forced agricultural labor, cattle herding, and possibly vending. There have been a few reported cases of Zambian and Angolan children trafficked to Namibia for domestic servitude, agricultural labor, and livestock herding. To improve the effectiveness of its fight against human trafficking, the Government of Namibia should consider two initial steps: develop a baseline understanding of the problem, which could include reviewing existing reports and engaging stakeholders; and designate a focal point within the government to coordinate dialogue and action by relevant government entities. As further information is developed, public awareness raising and training of relevant law enforcement and social services officials could facilitate the identification and assistance of victims, and help determine the extent of the problem. In response to the lack of knowledge about the scope and magnitude of trafficking in Namibia, an assessment of Trafficking in Persons in Namibia was initiated by the Ministry of Gender Equality and Child Welfare (MGECW) in collaboration with the Ministry of Agriculture, Water and Forestry (MAWF) with the support of USAID/ Namibia. The team of experts comprising of one international expert, one regional expert and two Namibian experts was assembled to conduct this assessment. The team was assisted in the field by two members of the MGECW and one from MAWF. The purpose of this assessment was to (a) collect available information on the scope of trafficking in persons in targeted areas of Namibia, (b) review counter- trafficking initiatives by government and civil society and, (c) outline gaps and make recommendations concerning future programming and research needs. Prior to undertaking stakeholder and key informant interviews, the team conducted a literature review of pertinent materials on trafficking in persons in Namibia and the region, which it supplemented throughout the course of its field work. The interviews took place between April 8 and 28, 2009. The interviews covered four basic areas: (1) general knowledge of the respondent about human trafficking; (2) prevention initiatives; (3) prosecution, policing and the legal framework; and, (4) protection and victim assistance. Details: Windhoek, Namibia: Ministry of General Equality and Child Welfare, 2009. 102p. Source: Internet Resource: Accessed November 4, 2010 at: http://www.usaid.gov/our_work/cross-cutting_programs/wid/pubs/Final_Human_Trafficking_Report_Namibia_100216.pdf Year: 2009 Country: Namibia URL: http://www.usaid.gov/our_work/cross-cutting_programs/wid/pubs/Final_Human_Trafficking_Report_Namibia_100216.pdf Shelf Number: 120188 Keywords: Child ProstitutionChild Trafficking (Namibia)Forced LaborHuman RightsHuman Trafficking |
Author: International Council on Human Rights Policy Title: Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities Summary: A taboo subject until the early 1990s, corruption is now under the spotlight and recognised as one of the biggest obstacles to development. Anti-corruption laws have been enacted, treaties like the United Nations Convention against Corruption have been negotiated and ratified and new anti-corruption bodies are springing up. Citizens across the world publicly protest against corruption. Corrupt acts are sometimes brought out of the shadows and prosecuted, and on occasion, those responsible are punished. These are tangible achievements. Nevertheless, persistent corruption continues to flourish in many environments to the severe detriment of many millions of people. Against this background, many anti-corruption organisations are examining and revising their strategies in a search for more effective solutions. This report contributes to that quest, outlining how the use of a human rights framework can strengthen anti-corruption work at the national and local level. Which human rights principles and tools could most improve the impact of anti-corruption programmes? How can we harness the power of human rights to protect those most vulnerable to corruption? Where might human rights and anti-corruption programmes be in conflict? This report shows how human rights and anti-corruption practitioners can unite efforts and effectively collaborate in the struggle to root out entrenched corruption. Details: Geneva: International Council on Human Rights Policy, 2010. 82p. Source: Internet Resource: Accessed November 9, 2010 at: http://www.ichrp.org/files/reports/58/131b_report.pdf Year: 2010 Country: International URL: http://www.ichrp.org/files/reports/58/131b_report.pdf Shelf Number: 120272 Keywords: CorruptionHuman Rights |
Author: Perez, Laura Title: National Outrage: Violence Against Internally Displaced Women and Girls in Eastern Chad Summary: This report focuses on conflict-related violence against internally displaced women and girls in the department of Dar Sila in eastern Chad. It investigates how the problem has changed over time, analyses the responses of the Chadian government and humanitarian community, and reviews the legal frameworks for protecting the human rights of survivors of violence. Details: Geneva: International Displacement Monitoring Centre, Norwegian Refugee Council, 2010. 35p. Source: Internet Resource: Accessed December 7, 2010 at: http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/5380E72B539D04CAC12577E6003D9F9C/$file/Chad_SCR_Nov2010.pdf Year: 2010 Country: Chad URL: http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/5380E72B539D04CAC12577E6003D9F9C/$file/Chad_SCR_Nov2010.pdf Shelf Number: 120397 Keywords: Human RightsRapeViolence (Chad)Violence Against Women |
Author: International Council on Human Rights Policy Title: Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence Summary: Migration policies across the world are driven by three core concerns: law and border enforcement, economic interest, and protection. This report argues that official policies are failing partly because one of these concerns, protection, has been marginalised. Intensified efforts to suppress migration have not deterred people from seeking security or opportunity abroad but drive many into clandestinity, while the promotion of open economic markets has attracted millions of people to centres of prosperity but tolerated widespread exploitation. As a political consequence, discussion of migration is widely polarised and distorted by xenophobia and racism. The report suggests that it is in governments’ interest to affirm their legal and moral responsibility to protect everyone, including migrants. Human rights law provides a baseline of essential protection for migrants, and also some key components of a more balanced and rational policy approach. A substantial appendix summarises the rights of irregular migrants in international law. Details: Geneva: International Council on Human Rights Policy, 2010. 148p. Source: Internet Resource: Accessed December 7, 2010 at: http://www.ichrp.org/files/reports/56/122_report_en.pdf Year: 2010 Country: International URL: http://www.ichrp.org/files/reports/56/122_report_en.pdf Shelf Number: 120407 Keywords: Human RightsHuman SmugglingIllegal ImmigrantsMigration |
Author: Nair, P.M. Title: Trafficking Women and Children for Sexual Exploitation: Handbook for Law Enforcement Agencies in India Summary: "Irrefutable is the fact that trafficking of women and children is a grave violation of Human Rights and one of the most serious organized crimes of the day, transcending cultures, geography and time. The response by the agencies concerned in addressing the issues has been far from satisfactory, which has exacerbated the violations and harm to the trafficked persons. No wonder, the vulnerable sections have become more prone to trafficking. The spate of incidents reported from different parts of the country, where thousands of children remain untraced, is a symptom of the serious dimension of trafficking. In order to address this issue, there is a need for empowering the Law Enforcement agencies, i.e., police, prosecutors, judiciary, correctional administrators, development administrators as well as the social activists and the media so that they are fully empowered with knowledge, skills and appropriate attitude. This hand book, carefully drafted after stupendous efforts by Dr P.M.Nair, is an outstanding contribution in empowering each one in addressing human trafficking from a human rights perspective." Details: New Delhi: UNIFEM; UNODC, 2007. 74p. Source: Internet Resource: Accessed December 8, 2010 at: http://ru.unrol.org/files/Handbook_for_Law_Enforcement_Agencies_in_India[1].pdf Year: 2007 Country: India URL: http://ru.unrol.org/files/Handbook_for_Law_Enforcement_Agencies_in_India[1].pdf Shelf Number: 119120 Keywords: Human RightsHuman Trafficking (India)Organized CrimeSexual Exploitation |
Author: Sanei, Faraz Title: We Are A Buried Generation: Discrimination and Violence Against Sexual Minorities in Iran Summary: Iranian law reflects the Iranian government’s hostile attitude towards sexual minorities, including lesbian, gay, bisexual, and transgender (LGBT) people. Iran’s penal code criminalizes all sexual relations outside traditional marriage, and specifically bans same-sex conduct, even if it is consensual. Threat of prosecution and serious punishment, including the death penalty, for those convicted of same-sex crimes constitutes discrimination against Iran’s vulnerable sexual minorities. This report — based on interviews with more than 125 lesbian, gay, bisexual, and transgender Iranians inside and outside Iran over the past five years—documents discrimination and violence against Iran’s lesbian, gay, bisexual, and transgender population, and others whose sexual practices and gender expression do not conform to the government’s socio-religious norms. Human Rights Watch analyzed these abuses within the context of general systematic human rights violations that Iran’s government perpetrates against its citizens, including arbitrary arrests and detentions, invasions of privacy, mistreatment and torture of detainees, and lack of due process and fair trial standards. The report also documents instances in which police and members of the hard-line basij paramilitary force — relying upon discriminatory laws to harass, arrest, and detain individuals suspected of being gay — allegedly ill-treated and sometimes tortured real or suspected LGBT people in public spaces and detention facilities. Several interviewees alleged that members of the security forces sexually assaulted or raped them. We are a Buried Generation: Discrimination and Violence Against Sexual Minorities in Iran calls on Iran’s government to abolish all laws and other legislation under the Islamic Penal Code that criminalize consensual same-sex conduct, especially those that impose the death penalty, and to cease the harassment, arrest, detention, prosecution, and conviction of sexual minorities and persons who engage in consensual same-sex behavior. Human Rights Watch also calls on authorities to prosecute members of the security force who engage in such actions. Details: New York: Human Rights Watch, 2010. 102p. Source: Internet Resource: Accessed December 17, 2010 at: http://www.hrw.org/en/reports/2010/12/15/we-are-buried-generation Year: 2010 Country: Iran URL: http://www.hrw.org/en/reports/2010/12/15/we-are-buried-generation Shelf Number: 120537 Keywords: Discrimination (Iran)HomosexualityHuman Rights |
Author: Sheppard, Bede Title: Targets of Both Sides: Violence Against Students, teachers, and Schools in Thailand's Southern Border Provinces Summary: This report details how ethnic Malay Muslim insurgents, who view the government educational system as a symbol of Thai state oppression, have threatened and killed teachers, burned and bombed government schools, and spread terror among students and their parents. The insurgents have also used Islamic schools to indoctrinate and recruit students into their movement. At the same time, Thai army and paramilitary forces are disrupting education and placing students at unnecessary risk of insurgent attack by occupying schools for long periods as bases for their counterinsurgency operations. Details: New York: Human Rights Watch, 2010. 111p. Source: Internet Resource: Accessed December 17, 2010 at: http://www.hrw.org/en/reports/2010/09/21/targets-both-sides-0 Year: 2010 Country: Thailand URL: http://www.hrw.org/en/reports/2010/09/21/targets-both-sides-0 Shelf Number: 120538 Keywords: Criminal Violence (Thailand)Human RightsInsurgentsSchools |
Author: United Nations. Office of the High Commissioner for Human Rights Title: Recommended Principles and Guidelines on Human Rights and Human Trafficking Summary: Over the past decade, human trafficking has moved from the margins to the mainstream of international concern. During this period we have witnessed the rapid development of a comprehensive legal framework that comprises international and regional treaties, as well as a broad range of soft-law instruments relating to trafficking. These changes confirm that a fundamental shift has taken place in how the international community thinks about human exploitation. It also confirms a change in our expectations of what Governments and others should be doing to deal with trafficking and to prevent it. On a very practical level, a human rights-based approach to trafficking requires an acknowledgement that trafficking is, first and foremost, a violation of human rights. Trafficking and the practices with which it is associated, including slavery, sexual exploitation, child labour, forced labour, debt bondage and forced marriage, are themselves violations of the basic human rights to which all persons are entitled. Trafficking disproportionately affects those whose rights may already be seriously compromised, including women, children, migrants, refugees and persons with disabilities. A human rights approach to trafficking also demands that we acknowledge the responsibility of Governments to protect and promote the rights of all persons within their jurisdiction, including non-citizens. This responsibility translates into a legal obligation on Governments to work towards eliminating trafficking and related exploitation. A human rights approach to trafficking means that all those involved in anti-trafficking efforts should integrate human rights into their analysis of the problem and into their responses. This approach requires us to consider, at each and every stage, the impact that a law, policy, practice or measure may have on persons who have been trafficked and persons who are vulnerable to being trafficked. It means rejecting responses that compromise rights and freedoms. This is the only way to retain a focus on the trafficked persons: to ensure that trafficking is not simply reduced to a problem of migration, a problem of public order or a problem of organized crime. Details: New York and Geneva: United Nations, 2010. 255p. Source: Internet Resource: Accessed February 8, 2011 at: http://www.ohchr.org/Documents/Publications/Commentary_Human_Trafficking_en.pdf Year: 2010 Country: International URL: http://www.ohchr.org/Documents/Publications/Commentary_Human_Trafficking_en.pdf Shelf Number: 120718 Keywords: Child LaborForced LaborForced MarriageHuman RightsHuman TraffickingOrganized CrimeSexual Exploitation |
Author: International Federation of Journalists Title: Gunning for Media: Journalists and Media Staff Killed in 2010 Summary: In 2010, 94 journalists and media staff were killed, victims of targeted killings, bomb attacks and crossfire incidents. Three other journalists lost their lives in accidents at work. The details of the losses are spelled out in the enclosed reports from the IFJ regional centres. They show how Pakistan tops the list of the most dangerous zones for journalists in 2010, ahead of Mexico, Honduras and Iraq. Although the numbers are down from the 139 killings recorded a year earlier and are the lowest for eight years, they reveal that regional conflicts, drug wars and political unrest continue to create killing fields for journalists and people who work with them. Details: Brussels: International Federation of Journalists, 2011. 36. Source: Internet Resource: Accessed February 24, 2011 at: http://www.ifj.org/assets/docs/177/253/f8badb1-e23bbfd.pdf Year: 2011 Country: International URL: http://www.ifj.org/assets/docs/177/253/f8badb1-e23bbfd.pdf Shelf Number: 120865 Keywords: HomicidesHuman RightsJournalistsMediaMurder |
Author: Global Alliance Against Traffic in Women Title: Beyond Borders: Exploring Links Between Trafficking and Labour; Exploring Links Between Trafficking and Gender; Exploring Links Between Trafficking, Globalisation, and Security; Exploring Links Between Trafficking and Migration Summary: The Global Alliance Against Traffic in Women (GAATW) was launched in 1994 by a group of women’s rights activists looking for answers to simple questions: Why do women migrate? Why do some of them end up in exploitative situations? What types of jobs are they entering into? Which human rights are being violated before, during, and after their journey? How are they showing resistance to abuses and achieving their migratory goals? Answering these questions became a collaborative effort involving countless organisations and individuals over the years, and contributed to creating a more sophisticated anti-trafficking framework. This anti-trafficking framework has in many cases contributed to protecting the rights of trafficked persons. However, excessive focus on the issue of human trafficking over the last several years has also tended to ignore other related phenomena, such as people’s experiences in migration and work. Consequently, anti-trafficking has become somewhat isolated from its context and is now a highly specialised field. Such specialisation does occur in every field of knowledge and is to some extent necessary. Yet, there is a danger in trying to address the problem of human trafficking without understanding the changing context of labour and migration in a rapidly globalising world. By doing so we would be looking at trafficking exclusively as a crime and not as the end result of a number of interconnected social factors. Further, our understanding will lack the ability to create progressive political change unless we analyse the complex social reality from a gender and human rights perspective. At a practical level we have observed that this segregation of expertise is impairing our ability to assist people or effect change when rights violations are happening. As the research documented in Collateral Damage (GAATW, 2007) pointed out, anti-trafficking initiatives have in some instances harmed the very people whose rights they have claimed to protect. Exclusive focus on trafficking without a social analysis also contributes to sensationalism. It creates the false impression that trafficking is a problem that can be solved by merely taking a few legal measures and providing assistance to those identified as trafficked. Thus, the long term goal of advocating for systemic and structural changes in society gets overlooked. Regrettably, while many of us in civil society find ourselves in specialised niche areas, sometimes our advocacy efforts in one area may run counter to the advocacy efforts made by other social movements. For example, our loud condemnation of exploitation of women migrant workers may encourage the states to stop women from migrating altogether. Indeed, strict border controls have been touted as anti-trafficking measures. How do we then condemn rights violations, but also expose the agenda of states as protectionist towards women? How do we uphold rights of migrating people, but not let the state abdicate its responsibilities towards its citizens and their right to livelihood in their own countries? How do we expose workplace exploitation and advocate for standard wages for all, but not let our advocacy result in a large number of people losing their jobs and being replaced by another set of workers in some other place? Obviously, there are no easy solutions. As we see it, understanding the existing links among the issues, starting inter-movement dialogues, and collaborating with colleagues on concrete cases are essential steps. Over the last two years, GAATW has tried to address this specialisation through different means. One of them has been to work on this series of Working Papers, which explores links between trafficking and migration; trafficking and labour; trafficking and gender; and trafficking, globalisation, and security. These Working Papers look at which broader understandings are most relevant for anti-trafficking advocates, such as: Why do labour rights matter for trafficked persons? How do states’ security measures affect women’s movement through territories and borders? The rationale for these Working Papers is simple. We, like many others, are acknowledging the existing links between trafficking, migration and labour, in the broader contexts of gender and systems of globalisation and security. We are taking a further step by examining those intersections from a human rights perspective. These Working Papers outline where the anti-trafficking framework can strengthen other frameworks and vice versa, and where we as advocates can work together and establish joint strategies. The Papers also aim to identify tensions among the different frameworks, and recognise the spaces for separate work. The complexities in people’s lives cannot be captured by one story or approach alone, whether that approach is anti-trafficking, women’s rights, human rights, migrant rights, or labour rights. In other words, a person’s life cannot be summarised as being merely that of a “trafficked person” or “migrant worker”, as often happens. People’s lives are richer than their trafficking, migration and work experiences. People, in spite of hardship, show great amounts of courage, resourcefulness and resilience, and find ways to negotiate complicated situations to exercise their rights. Our Papers have focussed on the lives of women. As an alliance of primarily women’s rights organisations, much of our direct engagement is with women. While we decided to give centrality to women’s lived experiences, we are certainly not denying that experiences of exploitation and trafficking for men are any less horrendous. These four Working Papers depict numerous examples of migrant women exercising agency. The Papers also show that, because space for agency is determined by the systems a person must navigate, different frameworks (labour, migration, anti-trafficking, and so on) can be used at different moments to increase women’s power over their own situations. Although these four Working Papers have distinctive features, they all cover the following broad areas: • Basic concepts in the field • Examples of the links between trafficking and other issues in the work of civil society actors, governments, and other stakeholders • The beneficial and harmful effects of these simultaneous factors on working migrant women • The importance of using a human rights-based approach • How groups from different sectors can work together in new ways • Policy recommendations People who are interested in the interface between theory and practice, and between conceptual and pragmatic work, are the intended audience of these Working Papers. Details: Bangkok: Global Alliance Against Traffic in Women, 2010. 4 pts. Source: Internet Resource: GAATW Working Papers Series 2010: Accessed March 8, 2011 at: www.gaatw.org Year: 2010 Country: International URL: Shelf Number: 120909 Keywords: Border ControlForced LaborHuman RightsHuman TraffickingImmigration |
Author: Kasambala, Tiseke Title: Perpetual Fear: Impunity and Cycles of Violence in Zimbabwe Summary: Two years since the formation of a power-sharing government that was expected to end human rights violations and restore the rule of law, politically motivated violence and the lack of accountability for abuses remains a serious problem in Zimbabwe. Perpetual Fear: Impunity and Cycles of Violence in Zimbabwe, examines the impunity that prevails in Zimbabwe by updating illustrative cases of political killings, torture, and abductions by alleged government security forces and their allies that took place during and after the presidential election run-off in 2008. There has been little or no accountability for these crimes. Cases of political violence that have been filed by victims or their relatives have largely been ignored by the police or have stalled in the courts. And the government has failed to respond to calls by local nongovernmental organizations for investigations into abuses. With a referendum and elections planned for 2011, the lack of accountability and justice for past abuses raises the specter of further violence, and poses a significant obstacle to the holding of free, fair, and credible elections. Human Rights Watch calls on the power-sharing government to immediately embark on credible, impartial and transparent investigations into serious human rights abuses and discipline or prosecute those responsible, regardless of their position or rank. The government should put transitional justice mechanisms in place while reforming the criminal justice system to ensure that it meets international legal standards. Ending impunity for past and ongoing abuses is essential if Zimbabwe is to end violence and firmly establish the rule of law. Details: New York: Human Rights Watch, 2011. 46p. Source: Internet Resource: Accessed March 9, 2011 at: http://www.hrw.org/en/reports/2011/03/08/perpetual-fear Year: 2011 Country: Zimbabwe URL: http://www.hrw.org/en/reports/2011/03/08/perpetual-fear Shelf Number: 120960 Keywords: Criminal Justice SystemsHuman RightsTortureViolence (Zimbabwe) |
Author: International Bar Association. Human Rights Institute Title: Partisan Policing: An Obstacle to Human Rights and Democracy in Zimbabwe Summary: This is the executive summary of the report of a fact-finding visit to the Republic of Zimbabwe by experts on behalf of the International Bar Association Human Rights Institute (IBAHRI) between 11-18 August 2007. The fact-finding visit was prompted by increasing international, regional and domestic concerns at the apparent erosion of the rule of law in Zimbabwe. These concerns related to unlawful police action in the country, police excesses and brutality and the intimidation of civilians, human rights activists, the organised legal profession, trade unions and non-governmental organisations (NGOs). The delegation was sent to investigate the status of the rule of law and administration of justice in that country and, in particular, the role of the police in the administration of justice. The issues were to be analysed within constitutional and relevant regional and international standards, and the administration of justice processes in Zimbabwe. The particular focus area was the role of the police in the administration of justice. Specifically, to evaluate the relationship between the police, lawyers and prosecutors, and to prepare a report on the situation in Zimbabwe for dissemination. The report contains recommendations for the immediate and long term measures necessary to protect and uphold the rule of law and administration of justice in Zimbabwe and prevent impunity for human rights violations. Details: London: International Bar Association, 2007. 59p. Source: Internet Resource: Accessed March 15, 2011 at: www.ibanet.org Year: 2007 Country: Zimbabwe URL: Shelf Number: 121006 Keywords: Human RightsPolice AdministrationPolice MisconductPolice ReformPolicing (Zimbabwe) |
Author: Del Vecchio, Jennifer Title: Continuing Uncertainties: Forced Marriage as a Crime Against Humanity Summary: On 22 February 2008, the Appeals Chamber of the Special Court for Sierra Leone (SCSL) delivered its judgment in the Armed Forces Revolutionary Council (AFRC) case. This decision stands out as unique for setting significant precedent in the development of gender-based crimes in international criminal law by holding forced marriage to be a crime against humanity under the “other inhumane acts” category contained in Article 2(i) of the Statute of the Special Court for Sierra Leone. Although this recognition of forced marriage signifies the SCSL’s commitment to actively prosecute gender-based crimes, and may further set persuasive precedent for other international adjudicative bodies, there remain certain elements of this crime that, despite the Appeals Chamber’s decision, are unsettled and unclear. The purpose of this paper is to raise, explore, and assess these pressing questions. In the first part of the paper, the author raises three questions concerning the technical elements of the crime of forced marriage. Namely, the author asks: whether forced marriage violates the principle, nullem crimen sine lege; whether forced marriage is an adequately specific and distinct crime to be prosecuted separately from previously enumerated crimes; and finally, whether the definition of forced marriage requires a nexus to armed conflict. The second part of the paper raises questions relating to the implications of defining this crime using the label, marriage. Specifically, the author asks whether this label invokes existing connotations in relation to culture, gender, sexual orientation, and age, and whether these connotations may affect the application of this crime to new contexts. The author concludes that, without addressing these continuing uncertainties in the definition of forced marriage, the force of the precedent provided by the AFRC case is potentially insufficient to prosecute future instances of forced marriages in contexts outside of Sierra Leone, thereby failing to provide justice for all victims of forced marriage worldwide. Details: Austin, TX: Bernard and Audre Rapoport Center for Human Rights and Justice, University of Texas at Austin School of Law, 2011. 21p. Source: Internet Resource: Working Paper Series, 3/2011: Accessed March 15, 2011 at: http://blogs.utexas.edu/rapoportcenterwps/files/2010/12/3-2011-Del-Vecchio-ContinuingUncertainties.pdf Year: 2011 Country: Sierra Leone URL: http://blogs.utexas.edu/rapoportcenterwps/files/2010/12/3-2011-Del-Vecchio-ContinuingUncertainties.pdf Shelf Number: 121013 Keywords: Forced Marriage (Sierra Leone)Gender-Based ViolenceHuman RightsViolence Against Women |
Author: Inter-American Commission on Human Rights Title: Report on Immigration in the United States: Detention and Due Process Summary: The United States hosts the largest number of international immigrants in the world. According to the International Organization for Migration (IOM), in 2005 the United States had a total of 38.4 million international migrants. Many of those migrants came to the United States through formal and legal channels. The Department of Homeland Security (DHS) estimates that as of January 2008 there were 12.6 million legal permanent residents (LPRs) in the United States; another 1,107,126 were added in 2008. Every year, many legal permanent residents are granted U.S. citizenship. In 2008, 1,046,539 persons became naturalized citizens. The United States is also one of the leading countries for granting asylum and resettling refugees. In 2008, the United States granted asylum to 22,930 persons and resettled 60,108 refugees. In keeping with Article 58 of its Rules of Procedure, the Inter‐American Commission on Human Rights (hereinafter “the Inter‐American Commission,” “the Commission,” or “the IACHR”) is presenting this report as a diagnostic analysis of the human rights situation with respect to immigrant detention and due process in the United States and to make recommendations so that immigration practices in that country conform to international human rights standards. Details: Washington, DC: Inter-American Commission on Human Rights, 2010. 162p. Source: Internet Resource: Accessed March 21, 2011 at: http://cidh.org/pdf%20files/ReportOnImmigrationInTheUnited%20States-DetentionAndDueProcess.pdf Year: 2010 Country: United States URL: http://cidh.org/pdf%20files/ReportOnImmigrationInTheUnited%20States-DetentionAndDueProcess.pdf Shelf Number: 121092 Keywords: Human RightsIllegal ImmigrationImmigrant DetentionImmigrants (U.S.) |
Author: Amnesty International Title: A 'Lawless Law': Detentions Under the Jammu and Kashmir Public Safety Act Summary: Hundreds of people are locked up on spurious grounds under the Public Safety Act in Jammu and Kashmir every year. they are held without charge or trial in administrative or “preventive” detention on vague allegations of acting against “the security of the State” or against “the maintenance of public order”. detainees are mainly political activists and suspected members or supporters of armed groups, sometimes including children. Before their formal detention, they are often held illegally, denied access to a lawyer, the courts and their families, and may be tortured during interrogation. The Jammu and Kashmir authorities can hold detainees without charging or prosecuting them for up to two years at a time. Detention orders are often repeated and habeas corpus orders ignored, meaning that detainees are held for much longer than the maximum two-year period provided. This report exposes a catalogue of human rights violations associated with the use of administrative detention under the Public Safety Act. It highlights how these run counter to India’s obligations under international human rights law. If India is serious about meeting these obligations, then it must ensure that the Public Safety Act is repealed and that detainees are released immediately or tried in a court of law. Details: London: Amnesty International, 2011. 86p. Source: Internet Resource: Accessed March 23, 2011 at: http://www.amnesty.org/en/library/asset/ASA20/001/2011/en/cee7e82a-f6a1-4410-acfc-769d794991b1/asa200012011en.pdf Year: 2011 Country: India URL: http://www.amnesty.org/en/library/asset/ASA20/001/2011/en/cee7e82a-f6a1-4410-acfc-769d794991b1/asa200012011en.pdf Shelf Number: 121104 Keywords: Detention (India)Human Rights |
Author: Rosenthal, Eric Title: Abandoned and Disappeared: Mexico’s Segregation and Abuse of Children and Adults with Disabilities Summary: Disappeared and Abandoned: Mexico’s Segregation and Abuse of Children and Adults with Disabilities is the product of a year-long investigation and collaboration between Disability Rights International (DRI) and the Comisión Méxicana de Defensa y Promoción de los Derechos Humanos (CMDPDH). From August 2009 through September 2010, DRI and the CMDPDH investigated psychiatric institutions, orphanages, shelters, and other public facilities that house children and adults with disabilities. This report documents violations of the rights of people with disabilities under the new United Nations Convention on the Rights of Persons with Disabilities (CRPD) and other human rights treaties ratified by Mexico. The investigative team documented a broad array of human rights violations against people with disabilities and found that many people are forced to live their entire lives in institutions in atrocious and abusive conditions. This report concludes that Mexico segregates thousands of children and adults with disabilities from society in violation of CRPD article 19 which guarantees the “right of all persons with disabilities to live in the community with choices equal to others.” The primary reason for institutionalization is Mexico’s lack of community-based services to provide the support necessary for individuals with mental disabilities to live in the community. People without families who are willing or able to support them are officially referred to as abandonados, and they are relegated to languish in institutions without hope for return to the community. Children with disabilities may have loving families. But without support, many parents of children with disabilities have no choice but to place their children in institutions. Within institutions, children and adults with disabilities are subject to inhuman and degrading conditions of detention that violate the CRPD and other human rights conventions, such as the American Convention on Human Rights1 and the International Covenant on Civil and Political Rights. Filthy, run-down living areas, lack of medical care and rehabilitation, and a failure to provide oversight renders placement in some institutions dangerous and even life-threatening. The use of long-term restraints in institutions may rise to the level of torture under the UN Convention against Torture. The failure to provide essential medical care to people detained in Mexican facilities violates their right to life under the CRPD and the American Convention on Human Rights. Due to a failure to provide oversight, children have literally disappeared from institutions. Some of these children may have been subject to sex trafficking and forced labor. Mexico’s laws fail to protect children or adults with disabilities against arbitrary detention in violation of the CRPD and American Convention. Once in institutions, the right to legal recognition as a person – as protected by article 12 of the CRPD – is denied by the arbitrary denial of the right to make the most basic decisions about life. Details: Washington, DC: Disability Rights International, 2010. 73p. Source: Internet Resource: Accessed March 28, 2011 at: http://www.disabilityrightsintl.org/wordpress/wp-content/uploads/Mex-Report-English-Nov30-finalpdf.pdf Year: 2010 Country: Mexico URL: http://www.disabilityrightsintl.org/wordpress/wp-content/uploads/Mex-Report-English-Nov30-finalpdf.pdf Shelf Number: 121139 Keywords: Adults with DisabilitiesChild Abuse and NeglectChild ProtectionDisability (Mexico)Human RightsMental Health Care |
Author: Jacques, Genevieve Title: United States - Mexico Walls, Abuses, and Deaths at the Borders Flagrant Violations of the Rights of Undocumented Migrants on their Way to the United States Summary: There are few places in the world where tensions, due to mass migration of population in the globalization era, are as outrageous as in the geographical area that extends from Central America to the south of The United States. This space, comprising Mexico and its southern and northern borders, is a customary route followed by poor people who walk and travel overland to get to the territory and labor market of the United States. This area also traces the breakpoint line between a rich and dominant America, in economic and political terms, and a poor America that is subject to the game rules established by its northern neighbor. The borders, intended to establish the limits of national sovereignty, are the place where the main contradictions between the logics of global liberal economy, one of the main migration causes, and national policies to handle this migration flows take place, almost in a caricature way. Beyond the hydraulic metaphors of migration flows or currents, we have to remember that we are talking about human beings who take part in survival strategies but who are also victims of contradictions, inconsistencies and injustices of the region’s migration policies in force. The price they have to pay, in economic terms but especially in terms of suffering, humiliation and violation of their human rights and dignity, are very high, at the level of the extreme tensions prevailing in this part of the world. The following three figures give an idea of the extension and seriousness of the phenomenon: - In 2006, Mexican authorities questioned and deported 179,000 foreigners in transit for the United States (94 percent from Central America); - During the same year, Border Patrols of the United States deported 858,000 foreigners to their home country, between which 514,000 Mexicans, and immigration services apprehended and deported about 50,000 migrants from other Central American countries. It is estimated that, during the last 12 years, over 4,000 migrants died crossing the “wall” (both physical and virtual) that separates Mexico from the United States, this is 15 times more the number of people who died crossing the Berlin Wall during the 28 years it existed. Since new border control measures were established by United States authorities in 2001, the number of deaths has increased dramatically and reached 473 in 2005, from which 260 occurred in Arizona’s desert. According to authorities and to most of the mass media, these migrants are “illegal”. We do not agree with the use of this term, which leads to saying that human beings are illegal. The “illegality” is created by migration policies that do not correspond with reality. Furthermore, this adjective entails a tendency to criminalize immigration, making migrants that enter national territories, without all their administrative papers in order, pass for “criminals”. This semantic transfer is often accompanied by a real amalgam between migrants, undocumented people and terrorists. This evolution, particularly obvious since the current United States’ administration assumed office, has severe consequences because it leads the public opinion to legitimize the most repressive measures in the name of national security and to divert its attention from the violations of this population’s main human rights. Details: Paris: FIDH, 2008. 60p. Source: Internet Resource: Accessed March 29, 2011 at: http://www.fidh.org/IMG/pdf/USAMexiquemigran488ang.pdf Year: 2008 Country: United States URL: http://www.fidh.org/IMG/pdf/USAMexiquemigran488ang.pdf Shelf Number: 121196 Keywords: Border ControlBorder SecurityHuman RightsIllegal ImmigrantsImmigrationUndocumented Immigrants |
Author: Raleigh, Christopher Title: Uganda Police Project Evaluation Summary: The Uganda Police Project ran, in two phases, from late 1990 to March 1998. Its main initial purpose was to help restore the capability of the Uganda Police Force (UPF) to maintain law and order and the confidence of the public. Later (1993) this was reformulated to cover the development of law and order in Uganda, thus creating an enabling environment for stability and sustained economic growth. The competence and reputation of the UPF had been badly damaged during the period between 1971 and 1986, when the National Resistance Movement (NRM) Government came to power. There was therefore an urgent need to enhance the capacity, increase the numbers, and improve the image of the UPF, but local resources to do this were severely constrained. UK support for the UPF had been provided on an ad hoc basis since 1986, mainly in the form of training and transport. The Uganda Police Project of 1990 represented an attempt to bring UK support together under one umbrella, and to promote wider institutional and management reforms. Detailed assessment of project impact is hampered by the indistinct nature of the project objectives, and the lack of assessable indicators of achievement. Nevertheless there appears to be a close correlation between the sustainability of different project components and their long-term recurrent cost to the UPF. The decision to structure the initial project around a Project Co-ordinator, resident in Kampala, enhanced not only the impact of advice from visiting consultants, but also the design of Phase II. The UPF and Ugandan Ministry of Finance were more optimistic about their ability to finance the local costs of the project than proved justified in the event. Their inability to fund even modest project support costs - local training materials, for example, or travel costs for trainees - although not fatal to the impact of the project as a whole, did have a more selective effect in those areas (notably the Police Workshop and, to an extent, local training) which depend on the availability of non-salary costs. Despite their occasionally differing perspectives, the British Development Division East Africa (BDDEA) and the British High Commission (BHC)combined well in managing the project. But arrangements for the provision of professional advice, particularly during Phase I, were less satisfactory. The project was instrumental in promoting a revised UPF statement of purpose and objectives, and in helping to re-organise the police command structure on a sounder basis. It had relatively little impact on financial planning. The training of police officers and support staff needs to be set in the context of a comprehensive human resource strategy if it is to focus on the strategic needs of the organisation and ensure that valuable skills gained in training are not wasted through unnecessary transfers. The latter has been a pervasive and wide-ranging problem for the UPF. The establishment of a fully staffed and equipped Training Planning Unit has however proved a significant achievement. The institutionalisation of community policing within the UPF, by means of a national system of Community Liaison Officers (CLOs), has helped to promote the advantages of a community approach in the minds of police and public alike. The obstacles, however, to a full realisation of the benefits of community policing remain formidable. The UPF tends to regard community policing primarily as a means of instructing local populations, rather than of listening to them. It thus learns less than it might, while doing little to mitigate its authoritarian image. It is important to recognise the distinctions between community policing in rural and in urban areas. A start has been made in creating a greater sense of gender awareness within the UPF, particularly since the gender awareness raising workshop conducted by BDDEA in Kampala in May 1996. But all too often gender issues are still seen exclusively as women’s issues. More needs to be done to institutionalise and strengthen the role of Family Protection Units (FPUs). Whether or not it appears to do so, aid support for the police involves issues of human rights. It also has potential political implications for the donor concerned. BDDEA was arguably slow to recognise the risks to the UK’s reputation if the UPF was to be found guilty of serious abuse of human rights while being supported by UK aid - although it is doubtful whether earlier recognition would in practice have affected this project’s design or implementation. Important issues of prioritisation and allocation can arise in the provision of police transport. Lack of local finance to maintain and improve the police workshops, and to procure spare parts, tools and materials, has proved seriously damaging to operational effectiveness. Had the maintenance position been clearer at the time it is questionable whether ODA should have proceeded with the provision of vehicles on the scale it did. The right kind of radio equipment can revolutionise communication between police stations and patrolling police officers, although by itself it may not lead to the introduction of more unarmed patrols. Comparing procurement arrangements for the two project phases there is little doubt that the use of competitive bidding, and of a specialist consultant with local knowledge, paid off handsomely in terms of improved technical performance. The value of training in specialist areas such as ballistics can be compromised if no specialist equipment is available locally. More generally, training can also be compromised by a personnel policy that does not specifically recognise its importance. A specialist contractor with local as well as UK representation will often be better placed than DFID to organise in-country training. The project’s impact has proved strongest in those areas where implementation has cost the UPF nothing, or where minimal costs have proved acceptable for wider reasons. Despite recognising the risk in theory, ODA in practice consistently over-estimated the Ugandan capacity to meet the project’s local costs, interpreting a condition of long-term chronic under-funding as one of short-term cash flow. The main lessons to emerge from this evaluation are: - i. local government agreement to meet local project costs does not exonerate DFID from considering whether such commitments are realistic; ii. DFID overseas offices need to think carefully about the provision of professional advice where this is not available locally. In some cases it may be possible to justify arrangements, if there are several interventions on-going or planned, that would not be possible to justify individually; iii. support for institutional strengthening needs to operate consciously within the orbit of the possible. This means, among other things, tailoring advice to what is likely to prove affordable; iv. replication of community policing from urban to rural areas needs to take account of differences in infrastructure, and transport, as well as local community needs and priorities. The importance of listening, as well as of telling, needs to be emphasised in police training on community policing; v. all too often gender issues are seen exclusively as women’s issues. If lasting progress is to be made in this area men (in particular) have to be persuaded otherwise. In the case of aid projects this means mainstreaming gender analysis and planning in project design; vi. whether or not it appears to do so, aid support for the police involves issues of human rights. These need to be recognised clearly in project design and documentation; vii. the value of specialist training may often depend on the availability of appropriate equipment. The two need to be thought about together; viii. there can be a marked difference between project indicators which look good (and may thus help project approval) and those which offer a realistic prospect of assessment. Those in DFID who approve projects, as well as those who design them, need to bear this in mind - and, when in doubt, to err in favour of the assessable; and ix. there is a difference between identifying risk and managing it. Both are important. Details: London: Evaluation Department, Department for International Development, 1998. 93p. Source: Internet Resource: Evaluation Study EV591: Accessed April 4, 2011 at: http://www.oecd.org/dataoecd/60/22/35097498.pdf Year: 1998 Country: Uganda URL: http://www.oecd.org/dataoecd/60/22/35097498.pdf Shelf Number: 121226 Keywords: Human RightsPolice ReformPolicing (Uganda) |
Author: American Civil Liberties Union of Michigan Title: Juvenile Life Without Parole Project: Using International Law and Advocacy to Give Children a Second Chance Summary: This project delves into an under-recognized human rights problem in the United States - the imposition of life sentences without possibility of parole on children (JLWOP). JLWOP requires that a child remain in prison without release until death. Irrespective of whether the child poses a threat to society or has, or can be, rehabilitated, there is no opportunity for parole. Each year in the United States, children as young as thirteen are sentenced to spend the rest of their lives in prison without opportunity for parole. Despite a global consensus that children cannot be held to the same standards of responsibility as adults, the United States allows children to be treated and punished the same as adults. Children are increasingly excluded from the protection of juvenile courts based on the nature of the offense, without any consideration of age, maturity or culpability of the child, and without taking steps to ensure their understanding of the legal system under which they are prosecuted. Life sentences without possibility of parole have been renounced internationally as a violation of human rights in The Convention on the Rights of the Child, which specifically forbids sentences of life imprisonment for children under the age of eighteen. The United States stands alone in rejecting this article of the Convention and in the implementation of this sentence on adolescents convicted of crimes in the United States. Three years ago the ACLU of Michigan began advocacy efforts after learning that over 300 Michigan children are currently serving these unforgiving sentences. This packet includes background information, research, a list of endorsing individuals and organizations of our efforts to eliminate this practice in the State of Michigan, and recommendations about what others can do to help this effort. Details: Detroit: American Civil Liberties Union of Michigan, 2007. 66p. Source: Internet Resource: Accessed April 21, 2011 at: http://www.aclumich.org/sites/default/files/file/pdf/JWLOPpacket.pdf Year: 2007 Country: United States URL: http://www.aclumich.org/sites/default/files/file/pdf/JWLOPpacket.pdf Shelf Number: 121472 Keywords: Human RightsJuvenile DetentionJuvenile Offenders (Michigan)Life SentenceLife Without ParoleSentencing |
Author: Thomson, Nick Title: Detention as Treatment: Detention of Methamphetamine Users in Cambodia, Laos, and Thailand Summary: This report examines the establishment and operation of centers to detain and “treat” methamphetamine users in Thailand, Cambodia, and Laos. It documents the increasing number of such compulsory drug treatment/detention centers (CDTDCs), examines the policies and practices that force people into them, and explores the implications for individual health, public health, and human rights. This approach to treating methamphetamine use is implemented without evidence of effectiveness, and it places people in environments where their basic health needs are unmet and abuse is pervasive. The core issue identified in this report is the use of law enforcement approaches to address health issues. Though drug policies in Thailand, Cambodia, and Laos have been amended in recent years to recognize that drug dependence is a health issue, the public security sectors in these three countries tend to trump the smaller and weaker health sectors. Illicit drug use remains a violation of criminal law in these countries, and people who use drugs are treated as criminals. CDTDCs are generally run by police or military personnel. Drug users are often detained using administrative rules rather than criminal laws, and in many cases, do not see a judge or have the ability to question or appeal internment. International actors, particularly agencies of the United Nations and donor states, face a policy conflict when confronted with CDTDCs. At the same time that they advocate for evidence-based treatment, they issue grants to agencies working with these centers or to the centers themselves. The steady growth in the construction of the CDTDCs, and the lack of HIV prevention or treatment, evidence-based and effective drug treatment, or any other medical treatment, reveal the limits of the approach. While opiate users comprise the majority of those detained in CDTDCs in countries like China and Vietnam, in many countries in Southeast Asia it is methamphetamine users who are the overwhelming majority of detainees. The production, trafficking, and use of methamphetamine in Thailand, Cambodia, and Laos pose significant challenges to both the law enforcement and health service sectors. As with other problems related to illicit drugs, finding an appropriate balance between the security needs of the community and the health needs and rights of methamphetamine users should be the ultimate goal. The current approach, however, is harmful to the health and rights of individuals, and to the health of the larger community. Details: New York: Open Society Institute, International Harm Reduction Development Program, 2010. 81p. Source: Internet Resource: Accessed April 22, 2011 at: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/detention-as-treatment-20100301/Detention-as-Treatment-20100301.pdf Year: 2010 Country: Asia URL: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/detention-as-treatment-20100301/Detention-as-Treatment-20100301.pdf Shelf Number: 121474 Keywords: DetentionDrug Abuse and Addition (Cambodia, Laos, Thailand)Drug Abuse PolicyDrug Abuse TreatmentDrug OffendersHuman Rights |
Author: Silva, Romesh Title: State Coordinated Violence in Chad under Hissene Habre: A Statistical Analysis of Reported Prison Mortality in Chad's DDS Prisons and Command Responsibility of Hissene Habre, 1982-1990 Summary: This report documents the death of prisoners inside Chad's Direction de la Documentation et de la Securite (DDS) prisons between 1982 and 1990, and the extent to which former Chadian president Hissene Habre and senior officials within his government are responsible for human rights violations committed by the DDS. The report presents evidence which is consistent with the hypothesis that the policies and practices of Hissene Habre and senior DDS officials, whom Habre appointed, contributed to deaths in custody on a level substantially higher than the adult mortality rate of Chad at the time. The analysis tests the hypotheses that Habre had a superior-subordinate relationship with senior DDS officials and had knowledge of their actions, which resulted in substantial deaths in custody. The available evidence also suggests Habre's "failure to act" in his lack of action to prevent these deaths or reprimand his subordinates who were charged with day-to-day oversight of DDS prisons. The conclusions of the report are developed by analyzing official records of the DDS and other government departments, which were recovered by Human Rights Watch (HRW) in 2001 from the abandoned DDS headquarters in N'Djamena, the Chadian capital. Hissene Habre assumed the presidency of Chad in 1982 and immediately set up the DDS. From the documents recovered from the DDS and coded by HRW to extract data from the narrative, we show that while the DDS was originally part of the Ministry of Interior, within 6 months of its founding Habre re-organized it to operate as a special unit outside of the Ministry of Interior with direct reporting lines to Habre himself. From analysis of routine DDS records, including Situation Journals and death certificates which were recovered and coded, we found that the observed mortality rate within the DDS prisons varied from 30 per 1,000 to 87 per 1,000 prisoners. This rate is substantially higher than the crude death rate of Chad in the 1970's and 1990's which was less than 25 per 1,000, see section 5.2 The crude death rate for the whole of Chad, unlike DDS prison mortality, is mainly driven by high infant mortality. A total of 12,321 individual victims were mentioned in the recovered and coded documents, including documentation of 1,208 deaths in detention. From these documents, we verified that President Habre received 1,265 direct communications about 898 DDS prison detainees. This is direct evidence that Habre's subordinates within the DDS communicated detailed information about the ongoing practices and events within the DDS prisons. The recovered and coded DDS documents provide evidence that the DDS operations were carried out across the dierent provinces of Chad, and that the senior leadership of the DDS was informed about these operations in different regions. Acts of arbitrary arrest, detention and torture are mentioned in the documents. It is not possible to determine how representative these recovered and coded documents are of all DDS documents ever written. Yet, these documents provide evidence of the type of acts which were carried out by the DDS and that the senior leadership, including President Habre, were continuously informed about such acts. Furthermore, among the recovered documents is an Oath of Allegiance in which officials, upon their recruitment into the DDS, swear "their honor, faithfulness and dedication to the President of the Republic..." and solemnly "promise to never betray and keep secret all the activities of the DDS." This suggest how closely President Habre was involved with the operations of the DDS and its oversight. To further assess command responsibility of the DDS, we analyzed the document flow into and out of the DDS. Of the 2,7331 official documents recovered from the former DDS headquarters and coded by HRW, 384 were direct communications from the DDS to President Habre. The bulk of the remaining documents (for which authorship and recipients were readily identifiable) were internal communications within the DDS. These internal documents were usually from the BSIR (Chad's Special Rapid Action Brigade) to the DDS leadership, or from the different service units to the Director of the DDS. Our analysis of document flow shows that -- The Director of the DDS (who was appointed directly by President Habre) received regular written communications from the service units of the DDS. -- President Habre continuously received ad-hoc communications from the DDS Director and its service units about its policies and practices. -- President Habre was directly informed about the status of 898 prisoners, including 38 deaths in detention. -- There is a notable difference between written communication from the Ministry of Interior (MoI) to President Habre and the communication from the DDS to President Habre. This suggests that the DDS was not a regular line ministry (like the MoI), but rather operated like a special unit of the office of the President. This suggests a clear superior-subordinate relationship between President Habre and the DDS. -- President Habre and the Director of the DDS had direct authority for the promotions and transfers of the senior DDS leadership. Our analysis shows evidence that -- Large-scale human rights violations were carried out inside the DDS prisons. -- Both President Habre and the Director of the DDS were well informed of DDS operations and prisoner deaths. -- There was a superior-subordinate relationship between President Habre and the DDS senior leadership. There are several limitations of our findings. Foremost is the fact that we are unable to estimate the total magnitude of violations carried out by DDS officials and the full extent of President Habre's knowledge of these acts. However, our analysis of the DDS's own records does show evidence that large-scale human rights violations were committed by the DDS, that the DDS was under President Habre's command, and that Habre was continuously informed about DDS operations. Also, although we identified some instances of officials being relieved of their duties by their superiors, it is not clear on what basis such actions were taken. Details: Palo Alto, CA: Human Rights Data Analysis Group, Human Rights Program, Benetech, 2010. 73p. Source: Internet Resource: Accessed May 11, 2011 at: http://www.hrdag.org/about/downloads/State-Violence-in-Chad.pdf Year: 2010 Country: Chad URL: http://www.hrdag.org/about/downloads/State-Violence-in-Chad.pdf Shelf Number: 121718 Keywords: Deaths in Custody (Chad)Human RightsPrisonersPrisons |
Author: Great Britain. Parliament. House of Commons. Home Affairs Committee Title: Forced Marriage: Report, Together with Formal Minutes, Oral and Written Evidence Summary: Forced marriage is "a marriage conducted without the valid consent of both parties where duress (emotional pressure in addition to physical abuse) is a factor". It is not an arranged marriage into which, while families may be involved in choosing the marriage partner, both parties probably, on the whole, enter freely; nor is it a religious practice. While our predecessors observed that forced marriage has historically been practised in many different communities, they found that in 2008, due to their relative size within the UK population, forced marriage was most common amongst Pakistani, Bangladeshi and Indian communities. At the time of the inquiry the Government’s Forced Marriage Unit handled around 300 cases of forced marriage each year but it was considered that this was likely to represent “only the tip of the iceberg.” Subsequent research commissioned by the then - Department for Children, Schools and Families, at the Committee’s behest, estimated that the national prevalence of reported cases of forced marriage in England was between 5,000 and 8,000. The number of cases of forced marriage dealt with by the Forced Marriage Unit rose to 430 in 2008 and remained at around 400 in 2009 and 2010, with the ratio of male to female victims also remaining stable over this period at around 86% female to 14% male. Jasvinder Sanghera told us that Karma Nirvana had recently become aware of instances of forced marriage taking place in a broader range of communities than before, citing cases from Egypt and an increase in at-risk dual heritage children. Karma Nirvana reported a rise in callers to their national Honour Network Helpline since 2008, peaking at 5,599, and in particular an increase in the number of males reporting; the ratio of callers is now 70% female to 30% male. The increase in the number of cases handled by the Forced Marriage Unit and the number of calls made to the Honour Network Helpline since our predecessor Committee’s inquiry in 2007–08 demonstrates that forced marriage remains a serious concern, affecting thousands of young people in the UK. The fact that more young women and, increasingly, young men are coming forward to seek help is encouraging but underlines the requirement for sufficient support mechanisms to be in place to meet their needs. Details: London: The Stationery OFfice, 2011. 60p. Source: Internet Resource: Eighth Report of Session 2010-12: Accessed May 19, 2011 at: http://www.publications.parliament.uk/pa/cm201012/cmselect/cmhaff/880/880.pdf Year: 2011 Country: United Kingdom URL: http://www.publications.parliament.uk/pa/cm201012/cmselect/cmhaff/880/880.pdf Shelf Number: 121762 Keywords: Forced Marriage (U.K.)Human Rights |
Author: Parker, Alison Title: A Costly Move: Far and Frequent Transfers Impede Hearings for Immigrant Detainees in the United States Summary: Detained immigrants facing deportation in the United States, including legal permanent residents, refugees, and undocumented persons, are being transferred, often repeatedly, to remote detention centers by US Immigration and Customs Enforcement (ICE). Transfers separate detained immigrants from the attorneys and evidence they need to defend against deportation, which can violate their right to fair treatment in court, slow asylum or deportation proceedings, and prolong the time immigrants spend in detention. With close to 400,000 immigrants in detention each year, space in US detention centers, especially near cities where immigrants, their families, and attorneys live, has not kept pace. As a result, ICE has built a system of detention—relying on subcontracts with state jails and prisons—that cannot operate without transfers. A Costly Move shows that between 1998 and 2010, 1 million immigrants were transferred 2 million times. Forty-six percent of transferred detainees were moved two or more times: in one egregious case, a detainee was transferred 66 times. On average, each transferred detainee traveled 370 miles, with one frequent transfer pattern (from Pennsylvania to Texas) covering 1,642 miles. Such long-distance and repetitive transfers can render attorney-client relationships unworkable, separate immigrants from evidence they need in court, and make family visits so costly they rarely, if ever, occur. An agency charged with enforcing US laws should not establish a system of detention that is literally inoperable without widespread, multiple, and long-distance transfers. ICE would reduce the chaos and limit harmful human rights abuses if it worked to emulate best practices on inmate transfers set by state and federal prison systems. Transfers do not need to stop entirely in order for ICE to respect detainees’ rights; they merely need to be curtailed through the establishment of enforceable guidelines, regulations, and reasonable legislative restraints. Details: New York: Human Rights Watch, 2011. 40p. Source: Internet Resource: Accessed June 27, 2011 at: http://www.hrw.org/node/99660 Year: 2011 Country: United States URL: http://www.hrw.org/node/99660 Shelf Number: 121830 Keywords: Human RightsIllegal AliensIllegal ImmmigrantsImmigrant DetentionImmigrants (U.S.) |
Author: Open Society Foundations, International Harm Reduction Development Program Title: Treated With Cruelty: Abuses in the Name of Drug Rehabilitation Summary: More and more people who use drugs each year are locked away in the name of drug rehabilitation without any real access to medical care or legal recourse. Drug users rarely enter such detention centers voluntarily, and even if they do, they nearly never are allowed to leave at their will. Detention centers rely on physical abuse, shackles, solitary confinement, and other indignities to “treat” drug addiction and extract labor from the detainees. Moreover, they are often overseen by government authorities, with private business exploiting the forced labor inside. Not surprisingly, the vast majority of people quickly return to drug use once they are released from these centers. Treated with Cruelty: Abuses in the Name of Rehabilitation provides first-person testimonies of drug users who have been detained in such centers located in China, Cambodia, Mexico, and Russia. Tied to these harrowing stories are human rights commentaries, which offer an in-depth review of the international standards in health and human rights that are being denied to the men and women who are locked away. Details: New York: Soros Society Foundations, 2011. 44p. Source: Internet Resource: Accessed June 28, 2011 at: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/treated-with-cruelty-20110624 Year: 2011 Country: International URL: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/treated-with-cruelty-20110624 Shelf Number: 121870 Keywords: DetentionDrug Abuse TreatmentDrug OffendersHuman Rights |
Author: Elliott, Richard Title: Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers Summary: More and more people who use drugs each year are locked away in the name of drug rehabilitation without any real access to medical care or legal recourse. Drug users rarely enter such detention centers voluntarily, and even if they do, they nearly never are allowed to leave at their will. Detention centers rely on physical abuse, shackles, solitary confinement, and other indignities to “treat” drug addiction and extract labor from the detainees. Moreover, they are often overseen by government authorities, with private business exploiting the forced labor inside. Not surprisingly, the vast majority of people quickly return to drug use once they are released from these centers. Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers makes the case that abuses in these facilities constitute torture or cruel, degrading, and inhuman treatment. This comprehensive analysis relies on frameworks to suggest governments must take action to close these facilities or risk not meeting their international obligations. It will prove invaluable to anyone bringing cases of torture in drug detention to international, regional, or domestic bodies charged with preventing or prosecuting torture. Details: New York: Open Society Foundations, 2011. 72p. Source: Internet Resource: Accessed June 28, 2011 at: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/treatment-or-torture-20110624/treatment-or-torture-20110624.pdf Year: 2011 Country: International URL: http://www.soros.org/initiatives/health/focus/ihrd/articles_publications/publications/treatment-or-torture-20110624/treatment-or-torture-20110624.pdf Shelf Number: 121871 Keywords: DetentionDrug Abuse TreatmentDrug OffendersHuman Rights |
Author: Choudhury, Tufyal Title: The Impact of Counter-Terrorism Measures on Muslim Communities Summary: This report aims to develop and deepen understanding of the impact of counter-terrorism legislation on Muslim communities. Using in-depth interviews and focus groups, it finds that when it comes to experiences of counter-terrorism, Muslims and non-Muslims from the same local areas who took part in this research appear to live ‘parallel lives’. Many participants in the study, while not referring to specific laws or policies, feel that counterterrorism law and policy generally is contributing towards hostility to Muslims by treating Muslims as a ‘suspect group’, and creating a climate of fear and suspicion towards them. Details: Manchester, UK: Equality and Human Rights Commission, 2011. 125p. Source: Internet Resource: Research Report 72: Accessed July 2, 2011 at: http://www.equalityhumanrights.com/uploaded_files/research/counter-terrorism_research_report_72.pdf Year: 2011 Country: United Kingdom URL: http://www.equalityhumanrights.com/uploaded_files/research/counter-terrorism_research_report_72.pdf Shelf Number: 121958 Keywords: Counter-terrorism (U.K.)Human RightsMuslimsTerrorism |
Author: Barrett, Damon Title: Backgrounder: Bolivia’s Concurrent Drug Control and Other International Legal Commitments Summary: Bolivia’s denunciation of the 1961 Single Convention on Narcotic Drugs is not just about one treaty. It is about finding an appropriate balance between multiple concurrent and conflicting international legal obligations. When international treaties ratified by or acceded to by Bolivia and relevant jurisprudence are taken into account, it is clear that Bolivia would find itself in breach of multiple international agreements were it to fully implement the 1961 Single Convention as written. A reservation on the 1961 Single Convention is the most reasonable and proportionate way to address this conflict. This is particularly so in relation to indigenous peoples and free prior and informed consent relating on issues that affect them. The manner in which Bolivia translates international obligations under the 1961 Single Convention on Narcotic Drugs into national legislation, programmes and policies must be consistent with its obligations to respect indigenous peoples rights that flow from its obligations under contemporary international, constitutional and (indigenous) customary law. The proposed reservation provides the means through which these obligations can be harmonised. Without it the Convention would constitute a unilateral imposition of a ban on the coca leaf on indigenous peoples, and a failure to fulfill the obligations to hold good faith consultations in order to obtain their consent and to ensure their cultural and physical survival. A second question relates to whether the reservation is compatible with other concurrent international legal obligations, in this case under the law of treaties and children’s rights. An analysis of these agreements set against Bolivia’s proposal reveals no apparent conflict. Details: London: International Centre on Human Rights and Drug Policy, 2011. 7p. Source: Internet Resource: Accessed July 5, 2011 at: http://www.druglawreform.info/images/stories/documents/international_legal_commitments.pdf Year: 2011 Country: Bolivia URL: http://www.druglawreform.info/images/stories/documents/international_legal_commitments.pdf Shelf Number: 121966 Keywords: Drug ControlDrug Policy (Bolivia)Human RightsIndigenous Peoples |
Author: Amnesty International Title: Time for Justice: Egypt's Corrosive System of Detention Summary: Under a state of emergency enforced continuously for 30 years, Egyptian authorities can arrest anyone they choose on the mere suspicion that they might be a threat to public order and security. They can then detain them by administrative order without charge or trial or any effective means of remedy, in practice for as long as they like. Tens of thousands of people have suffered this injustice. Some have been held for years despite repeated court orders for their release. Many have been tortured or ill-treated. Emergency legislation has entrenched other patterns of serious human rights abuses, including police brutality, enforced disappearance, unfair trial and systematic repression of free speech and political opposition. This report, published in the wake of the uprising that ousted President Hosni Mubarak, documents these patterns of abuse and the individual cases of many victims. Once again, Amnesty international is calling on the authorities to lift the state of emergency, repeal emergency legislation and end the corrosive system of administrative detention. It is also urging the interim authorities to use this extraordinary moment in Egypt’s history to create a state that is based on respect for human rights and a justice system that can finally deliver justice. Details: London: Amnesty International, 2011. 78p. Source: Internet Resource: Accessed July 5, 2011 at: http://www.amnestyusa.org/sites/default/files/mde120292011en_15.pdf Year: 2011 Country: Egypt URL: http://www.amnestyusa.org/sites/default/files/mde120292011en_15.pdf Shelf Number: 121969 Keywords: Administrative Detention (Egypt)Detention PracticesHuman Rights |
Author: Hamilton, Carolyn Title: Administration Detention of Children: A Global Report Summary: In 2009, the United Nations Children‘s Fund estimated that there were around 1.1 million children deprived of their liberty by criminal courts worldwide. While judicial detention of children by courts is relatively well documented, little is known about the practice of administrative detention of children. Few publications address the issue and States do not regularly collect or collate statistical data on administrative detention. As a result, information on the extent to which children are exposed to different forms of administrative detention is sparse and discussions of the impact that such detention has on children rare. Administrative detention occurs when, as a result of a decision of an executive or administrative body, a child is placed in any public or private setting from which he or she cannot leave at will. Administrative detention occurs in some form in all States, although the bodies that have power to order such detention vary from State to State. Bodies and individuals that have the power to administratively detain may include police officers, military panels, immigration officials, health officials, doctors or local government child welfare bodies. While decisions taken to administratively detain a child may vary in terms of context, rationale and legal framework, the common element is that the decision to detain is taken not by a judge or a court, but by a body or a professional, who is not independent from the executive branch of government. The purpose of this study is to examine: What is meant by administrative detention. The extent to which administrative detention is used worldwide. The contexts and circumstances in which children are placed in administrative detention, and the profile of children held in administrative detention. The legal frameworks and procedures used by States to place children in administrative detention. The key provisions in international human rights law, including Article 3 of the Universal Declaration of Human Rights (UDHR), Article 9 of the International Covenant on Civil and Political Rights (ICCPR) and Article 37 of the United Nations Convention on the Rights of the Child (CRC), which limit the use of administrative detention. The impact of administrative detention on children, including the conditions of detention and child rights implications. Details: New York: United Nations Children's Fund, Child Protection Section, 2011. 343p. Source: Internet Resource: Accessed July 15, 2011 at: http://www.unicef.org/protection/files/Administrative_detention_discussion_paper_April2011.pdf Year: 2011 Country: International URL: http://www.unicef.org/protection/files/Administrative_detention_discussion_paper_April2011.pdf Shelf Number: 122068 Keywords: Administrative Detention, JuvenilesDetention FacilitiesHuman RightsJuvenile DetentionJuvenile Offenders |
Author: Bull, Melissa Title: Building Trust: Working with Muslim Communities in Australia: A Review of the Community Policing Partnership Project Summary: The Community Policing Partnerships Project (CPPP) was one of eight projects implemented under the Australian Human Rights Commission’s Community Partnerships for Human Rights (CPHR) program. The CPHR’s central goal was to increase social inclusion and to counter discrimination and intolerance towards Australia’s Muslim and culturally and linguistically diverse communities. Under the CPPP, police and communities worked together to plan and administer 38 projects across Australia. This report provides a review of the outcomes of these projects and provides some key findings and learnings for future community policing initiatives. Evidence from the CPPP projects suggests that the individual experiences of many police and community participants were positive and beneficial. Establishing trust and building relationships between Muslim young people and local police officers was a key focus of many of the projects under the CPPP. Often this was achieved by providing opportunities for positive interaction between police and young people from culturally and linguistically diverse backgrounds and by providing information regarding the support available to young people (Office of Multicultural Interests, 2009, p. 26). Many of the CPPP projects broke down stereotypes, improving previously tense relationships. However, projects such as those under the CPPP will need to reach deep into police organisations and communities involved to bring about significant and lasting change in the nature of police–community relationships. This report discusses some of the key learnings from the CPPP and other community policing initiatives. This report finds that in addressing social inclusion, countering discrimination and intolerance, and building mutual trust and respect, community policing initiatives need to address the: •complex underlying social conditions when tackling core issues such as social inclusion, to optimise relationships between police and communities •adversity faced by young people from culturally and linguistically diverse backgrounds by increasing the factors that mitigate risks they face, and so facilitate their ability to contribute to the local economy in the future •danger of defining problems in terms of communication and awareness, which can at times gloss over real, deep-seated, underlying conflicts and sources of tension •potentially adverse practical consequences that may flow from using the concept of ‘community’ in the context of community policing initiatives. There is a risk that community policing initiatives may perpetuate or exacerbate the very problem they are attempting to defuse by the manner in which they define or name the problem. The most effective approaches will focus more directly on the dynamics of police–youth relationships rather than on overemphasising ethnic or religious background. Community policing initiatives must also: •avoid overemphasising the formal education of minority community members about their rights and responsibilities. For community members, these may be articulated as concerns about informal belonging, respect, recognition, fair treatment and dignity •acknowledge that the concept of ‘community’ is often not inclusive of those most affected by policing. The consensual overtones of community can hide the fact that a few select voices and interests—often those of the most respectable and powerful—can often come to represent the whole community •be realistic about the possibilities, limitations, challenges and pitfalls of community policing programs, which can be affected by the priority, resources and planning they receive. It is important that projects such as those implemented under the CPPP are integrated into other ongoing police and community activities and are guided by a long-term view of the issues. This necessarily involves evidence-based planning, policy and research that takes a long-term view and is informed by how immigration shapes the dynamics of social and community change and the implications of such change for social cohesion and policing issues. This report finds that in the absence of a broad, long-term view police services and other criminal justice agencies may be left to deal, reactively, with failings in other areas of public policy; that, if ignored, complex social problems may translate into problems of law and order; and that simplistic causal explanations may prove ineffective and counterproductive. This report demonstrates the need for a more concerted government response and a strategic research, policy and planning framework if maximum benefit is to be derived from community policing initiatives such as the CPPP. Details: Sydney: Australian Human Rights Commission, 2010. 64p. Source: Internet Resource: Accessed July 29, 2011 at: http://www.humanrights.gov.au/racial_discrimination/publications/police/2010building_trust.pdf Year: 2010 Country: Australia URL: http://www.humanrights.gov.au/racial_discrimination/publications/police/2010building_trust.pdf Shelf Number: 122234 Keywords: Community PolicingHuman RightsMinoritiesMuslimsPolice-Community Relations (Australia) |
Author: Osiro, Deborah Title: Somali Pirates Have Rights Too: Judicial Consequences and Human Rights Concerns Summary: The international community’s counter-piracy operation off the coast of Somalia has had limited success, despite a proliferation of initiatives and resources. Although the large military presence has increased the number of piracy suspects that are being brought to trial, it has not reduced the number of pirates taking to the high seas. Rather, the increased militarisation and the strategies designed to bypass human rights obligations vis-à-vis the Somali pirates has undermined the credibility of the counter-piracy initiatives. The regional piracy prosecutions in Kenya, in particular, have raised various human rights issues, such as the failure to observe due process and the lack of appropriate jurisdiction. This paper highlights the fact that the strategy of enforcing legal accountability for pirates at sea but not for those on shore breeds a disregard for the human rights of a very vulnerable group of people, and results in an increase in piratical activities Details: Pretoria, South Africa: Institute for Security Studies, 2011. 28p. Source: Internet Resource: ISS Paper 224: Accessed August 23, 2011 at: http://reliefweb.int/sites/reliefweb.int/files/resources/Full_Report_1860.pdf Year: 2011 Country: Africa URL: http://reliefweb.int/sites/reliefweb.int/files/resources/Full_Report_1860.pdf Shelf Number: 122470 Keywords: Human RightsMaritime CrimeMaritime SecurityPirates/Piracy |
Author: de Bont, Saoirse Title: Prosecuting Pirates and Upholding Human Rights Law: Taking Perspective Summary: Incidents of piracy off the coast of Somalia have increased in recent years, rising by 47% between 2005 and 2009. With a growing number of states involved in the determent and disruption of attacks, there is a need to outline their human rights obligations when engaging in counter-piracy operations, so that suspected pirates are treated in accordance with international law. In addition, providing clarity to states regarding their responsibilities enables them to make informed decisions about whether, and how, to prosecute suspected pirates. Focusing on Somalia, this paper examines the piracy as situated within international law, while addressing the application of human rights treaties, and issues such as detention, right to asylum, non-refoulement, and the transfer of pirates to third parties. While ambiguity remains regarding the obligations of states dealing with suspected pirates, existing case law does provide some guidelines. However, other factors, such as political processes and expediency, have sometimes taken precedence over the protection and fulfilment of human rights. Details: Louisville, CO: One Earth Future Foundation, 2010. 43p. Source: Internet Resource: Working Paper: Accessed August 26, 2011 at: http://oneearthfuture.org/images/imagefiles/Human%20Rights%20Law%20-%20Saoirse%20de%20Bont.pdf Year: 2010 Country: Somalia URL: http://oneearthfuture.org/images/imagefiles/Human%20Rights%20Law%20-%20Saoirse%20de%20Bont.pdf Shelf Number: 122508 Keywords: Human RightsMaritime CrimePirates/Piracy (Somalia)Prosecution |
Author: Subramanian, K.S. Title: Are the Indian Police A Law Unto Themselves? Summary: ‘Are the India Police Law unto Themselves?’, looks into the functions of the police institutions from human right perspective. It reports that superiors “constantly converted” subordinate police officers into instruments of human rights violation and torture. The report also envisages clear separation of the investigation function from law and order, importance of gender training and the tackling of caste biases of cops. The NSW report is also critical of the Central and State governments for their lack of enthusiasm in implementing Supreme Court directives on human rights. The report also recommends improved working conditions, training and equipment; creating a work culture that rewards respect for human rights and professional conduct; a system to investigate complaints of police abuse; a law against torture; and repeal of laws that enable police to function with impunity. Details: New Delhi: National Social Watch Coalition, 2011. 82p. Source: Internet Resource: Accessed August 31, 2011 at: http://socialwatchindia.net/publications/perspective-papers/social-watch-india-perspective-series-vol.-3/view Year: 2011 Country: India URL: http://socialwatchindia.net/publications/perspective-papers/social-watch-india-perspective-series-vol.-3/view Shelf Number: 122573 Keywords: Complaints Against PoliceHuman RightsPolice MisconductPolicing (India) |
Author: Amnesty International Title: Deadly Detention: Deaths in Custody Amid Popular Protest in Syria Summary: Relentless repression has marked Syria since March 2011, as the government continues its efforts to stifle increasing numbers of pro-reform protests. Scores of people – believed to have been detained for their actual or suspected involvement in the protests – are reported to have died in custody. some were children. however, the Syrian authorities have failed to carry out credible investigations into any of the cases or ensure accountability for the perpetrators. In more than half of the cases, people filmed the bodies to record and show the world their injuries. many of them appear to have been tortured. Forensic experts contacted by amnesty international analyzed the footage to help determine possible causes of death. Amnesty International concludes that the torture reported here has been committed as part of a widespread, as well as systematic, attack on the civilian population – crimes against humanity. it is calling on the UN Security Council to refer the situation in Syria immediately to the prosecutor of the international criminal court. Details: London: Amnesty International, 2011. 42p. Source: Internet Resource: Accessed September 2, 2011 at: http://www.amnesty.org/en/library/asset/MDE24/035/2011/en/e4ed18bf-25c6-4eba-af40-2995299c4eb1/mde240352011en.pdf Year: 2011 Country: Syria URL: http://www.amnesty.org/en/library/asset/MDE24/035/2011/en/e4ed18bf-25c6-4eba-af40-2995299c4eb1/mde240352011en.pdf Shelf Number: 122616 Keywords: Deaths in Custody (Syria)Human RightsPrisonersProtestorsTorture |
Author: Euro-Mediterranean Human Rights Network Title: Calais, The Violence of the Border Summary: Having observed the migratory situation in Calais for many years prior to the destruction on 22 September 2009, the Euro-Mediterranean Human Rights Network (EMHRN) in collaboration with the International Federation for Human Rights (FIDH) and the European Association for the Defense of Human Rights (AEDH) decided to send a fact-finding mission to Calais and the surrounding area in order to investigate impacts of the police clamp down on the situation of migrants and refugees rights in the region. The findings of the mission are that the destruction of “the Jungle” made the situation worse for the migrants, in terms of having their rights respected. In general, the closing down of unauthorised camps does not do away with people’s need to move. Instead, they worsen the human rights situation of those most in need of protection. Details: Copenhagen: Euro-Mediterranean Human Rights Network, 2011. 32p. Source: Internet Resource: Accessed September 3, 2011 at: http://www.euromedrights.org/en/publications-en/emhrn-publications/emhrn-puplications/9296.html Year: 2011 Country: France URL: http://www.euromedrights.org/en/publications-en/emhrn-publications/emhrn-puplications/9296.html Shelf Number: 122640 Keywords: Border SecurityHuman RightsIllegal AliensIllegal ImmigrantsMigration (France) |
Author: Aptel, Cecile Title: Through a New Lens: A Child-Sensitive Approach to Transitional Justice Summary: This report examines how and to what extent transitional justice approaches have engaged children and considered their needs and perspectives, analyzing the experience of truth-seeking mechanisms, criminal justice, reparations, and institutional reform. It is based on the distilled results of assessments in Colombia, the Ituri District of the Democratic Republic of the Congo (DRC), Liberia, and Nepal. Children are among the most affected in countries suffering from conflict or massive human rights violations. Children have the right to express their views and be considered in processes concerning them, including transitional justice. Yet, children and youth have not been systematically included as focus of transitional justice mechanisms. As part of a victim-centered approach, an assessment of the role and impact of violations on children and youth should be one of the key lenses used to understand the context, identify the needs, and inform the nature and function of a transitional justice measure. A child-sensitive approach should be included early in the process of developing transitional justice measures, and addressing violations against children should be made an explicit part of their mandates. This involves allocating resources for expertise and administrative support and ensuring that children’s issues are considered appropriately where relevant. Even in cases where children are not among those most directly or severely affected by the violations, children are important stakeholders—especially in countries where they constitute a considerable part of the overall population or even the majority — and must therefore be adequately informed and consulted. The best interests of the child, concerns for their physical protection and psychosocial well-being and for confidentiality and anonymity must be considered when engaging children in transitional justice. Details: International Center for Transitional Justice, 2011. 52p. Source: Internet Resource: Accessed September 10, 2011 at: http://ictj.org/sites/default/files/ICTJ-Children-Through-New-Lens-Aptel-Ladisch-2011-English.pdf Year: 2011 Country: International URL: http://ictj.org/sites/default/files/ICTJ-Children-Through-New-Lens-Aptel-Ladisch-2011-English.pdf Shelf Number: 122684 Keywords: Human RightsJuvenile JusticeTransitional Justice (Colombia, Democratic Republi |
Author: Meyer, Maureen Title: A Dangerous Journey through Mexico: Human Rights Violations against Migrants in Transit Summary: The August 2010 massacre of 72 migrants in Tamaulipas, Mexico was not an isolated event but rather an alarming example of the daily abuses suffered by migrants in transit in the country, concludes a report published today by the Washington Office on Latin America (WOLA) and the Miguel Agustin Pro Juarez Human Rights Center (Center Prodh). The report, A Dangerous Journey Through Mexico: Human Rights Violations Against Migrants in Transit, documents how migrants, primarily Central Americans, are often beaten, extorted, sexually abused, and/or kidnapped by criminal groups while they travel through Mexico on their way to the United States. It discusses the failure of the Mexican government to protect migrants in transit and the direct participation or acquiescence of Mexican authorities in several cases of abuse. Drawing from work of migrants' rights organizations, the report includes testimonies of three migrants who were kidnapped by criminal groups in Mexico. Details: Washington, DC: Washington Office on Latin America, 2010. 12p Source: Internet Resource: Accessed September 28, 2011 at: http://www.wola.org/publications/a_dangerous_journey_through_mexico_human_rights_violations_against_migrants_in_transit Year: 2010 Country: Mexico URL: http://www.wola.org/publications/a_dangerous_journey_through_mexico_human_rights_violations_against_migrants_in_transit Shelf Number: 122936 Keywords: Drug CartelsDrug TraffickingHuman RightsImmigrationKidnappingsMigrants (Mexico) |
Author: Holohan, Carole Title: In Plain Sight: Responding to Ferns, Ryan, Murphy and Cloyne Reports Summary: The report looks at the abuse and exploitation of Irish children in State funded institutions. The five key findings established were: 1. No clear lines of responsibility make true accountability impossible. 2. The law must protect and apply to all members of society equally. 3. Recognition of children’s human rights must be strengthened. 4. Public attitudes matter. Individual attitudes matter. 5. The State must operate on behalf of the people, not on behalf of interest groups. In 'Lessons for Today', the report highlights some issues which relate directly to the work of IPRT, including how successive governments have failed to address inhuman and degrading conditions in Irish prisons despite being criticised by the European Committee for the Prevention of Torture, Visiting Committees and the UN Committee against Torture. The research also points out that the UN Committee against Torture has expressed grave concerns over the continued detention of 16 and 17 year old boys at St. Patrick's Institution and calls on the Government to allow the Ombudsman for Children to receive individual complaints from children held in St. Patrick's. Also concerning St. Patrick's Institution, Dr. Holohan expressed that: "There needs to be clearer lines of accountability for decisions taken by the executive government – including decisions not to implement commitments previously made." She then questions how the Government can justify their decision to indefinitely delay the building of a new detention facility for children which will bring an end to the detention of 16 and 17 year olds in prison. Dr. Holohan's research shows that Ireland does not have a formal juvenile penal policy, and there is little preventive or early intervention work done with children who display offending behaviour. As an example, the report cites research which has found that among males aged 21-30 years, early school leavers have an imprisonment rate of 46.6 per 1,000 compared with 1.6 per 1,000 for those who completed their Leaving Certificate. In Plain Sight also highlights a 2007 study of 18-25 year olds experiencing homelessness carried out by the Children's Research Centre at Trinity College, Dublin. This study established that one of the main ways of a young person becoming homeless was leaving a State care system, for example a residential setting for young offenders. The report goes on to state that mental health services in the youth justice system are shown to be lacking. Despite the fact that children in the youth justice system and children in State care are among those at high risk of experiencing mental health issues, reports show that access to child and adolescent mental health services for these children remains inadequate. Details: Dublin: Amnesty International Dublin, 2011. 436p. Source: Internet Resource: Accessed October 3, 2011 at: http://www.amnesty.ie/sites/default/files/INPLAINSIGHT%20%28WEB_VERSION%29.pdf Year: 2011 Country: Ireland URL: http://www.amnesty.ie/sites/default/files/INPLAINSIGHT%20%28WEB_VERSION%29.pdf Shelf Number: 122971 Keywords: Catholic ChurchChild AbuseChild Sexual AbuseHuman RightsJuvenile Detention (Ireland)Juvenile Offenders |
Author: Wilcke, Christoph Title: Domestic Plight How Jordanian Law, Officials, Employers, and Recruiters Fail Abused Migrant Domestic Workers Summary: Despite significant legal reforms in recent years, the chances of a migrant domestic worker (MDW) having all her human rights respected and protected in Jordan are slim, if non-existent. Domestic Plight records systemic and systematic abuses, in some cases amounting to forced labor, experienced by some of the 70,000 Indonesian, Sri Lankan, and Filipina MDWs in Jordan. Abuses included beatings, forced confinement around the clock, passport confiscation, and forcing MDWs to work more than 16 hours a day, seven days a week, without full pay. MDWs who escaped or tried to complain about abuse found little shelter and agencies forcibly returned them to abusive employers. Jordanian officials provided little help, including prosecutors, who rarely applied Jordan’s anti-trafficking law to MDWs. The report traces abuse to a recruitment system in which employers and recruitment agencies disempower workers through deceit, debt, and blocking information about rights and means of redress; and a work environment that isolates the worker and engenders dependency on employers and recruitment agencies under laws that penalize escape. Jordanian law contains provisions, such as allowing confinement and imposing fines for residency violations, which contribute to abuse. The Convention Concerning Decent Work for Domestic Workers, which the International Labour Organization adopted in June 2011 with Jordan’s support, could change that. Human Rights Watch calls on Jordan to promptly ratify and implement the convention by changing laws and practices that restrict MDWs freedom of movement, such as clauses sanctioning their confinement in the house, and blocking them from returning home unless they pay fines. Labor inspectors should investigate and fine employers who violate Jordan’s labor code and prosecutors should more forcefully pursue cases of forced labor for exploitation. Details: New York: Human Rights Watch, 2011. 117p. Source: Internet Resource: Accessed October 4, 2011 at: http://www.hrw.org/sites/default/files/reports/jordan0911webwcover.pdf Year: 2011 Country: Jordan URL: http://www.hrw.org/sites/default/files/reports/jordan0911webwcover.pdf Shelf Number: 122987 Keywords: Forced Labor (Jordan)Human RightsMigrant Labor |
Author: European Commission Title: Feasibility Study to Assess the Possibilities, Opportunities and Needs to Standardise National Legislation on Violence Against Women, Violence Against Children and Sexual Orientation Violence Summary: Over the last three decades the connections between interpersonal violence, inequalities and human rights have received increasing attention in law, research and practice in the three fields of violence that are subject of this study: violence against women (VAW), violence against children (VAC) and sexual orientation violence (SOV). Human rights thinking has expanded beyond the use of violence by states in recognising that violence targeted at individuals as members of social groups and/or experienced disproportionately by members of disadvantaged groups is a state responsibility. Th is places the three forms of violence squarely in the arena of fundamental rights. The failure of states and state agencies to adequately protect the public against, and support them in the aftermath of discriminatory violence and violence resulting in harm to a child’s development not only means that victims experience violations of basic human rights, but that they are also deprived of equal access to basic needs as well as to justice, employment, leisure, community and political participation, freedom of movement — the latter all core elements of European concepts of citizenship. Whether in public or private, unchecked violence places fundamental rights in jeopardy. Definitions of violence vary widely, making the topic challenging and contested: moreover, international treaties and conventions frequently fail to provide specific definitions of the types of actions that should be prohibited or require protection. One outcome of this project is a set of proposed definitions of the forms of violence it addresses. The central task was to provide a coherent analysis of the need for, possibilities of, and potential hurdles to standardised national legislation across three fields of violence for EU Member States. To this end the Commission set five research tasks: the mapping of relevant legislation on VAW, VAC and SOV and its implementation; comparative analysis; a set of minimum standards; a model of factors affecting perpetration and how these are, or could be, addressed in legislation; a set of recommendations. Details: Luxembourg: Publications Office of the European Union, 2010. 216p., app. Source: Internet Resource: accessed October 6, 2011 at: http://www.europarl.europa.eu/eplive/expert/multimedia/20110405MLT17038/media_20110405MLT17038.pdf Year: 2010 Country: Europe URL: http://www.europarl.europa.eu/eplive/expert/multimedia/20110405MLT17038/media_20110405MLT17038.pdf Shelf Number: 122993 Keywords: Child Abuse and NeglectDiscriminationFamily ViolenceForced MarriageHonour-Based ViolenceHuman RightsInterpersonal ViolenceIntimate Partner ViolenceStalkingViolence Against Women (Europe) |
Author: Amnesty International Title: 'Shut Up If You Don't Want To Be Killed!" Human Rights Violations by Police in the Dominican Republic Summary: Hundreds of people are shot and killed every year by police in the Dominican Republic. Members of the national police are responsible, on average, for 15 per cent of all homicides in the country. although the vast majority of these fatal shootings are described by the police as “exchanges of gunfire” with criminal suspects, the evidence suggests that in many cases the killings are unlawful. Widespread corruption within the national police force and aggressive policing methods have undermined public trust and exacerbated the public security crisis in a country where levels of violent crime have increased significantly in recent years. This report details numerous cases of human rights violations by police including unlawful shootings, torture and other ill-treatment, enforced disappearance and arbitrary detention. it analyses the difficulties faced by victims’ families and survivors in getting justice. The report also examines how weak oversight mechanisms have allowed human rights abuses by the police to persist and flourish. Details: London: Amnesty International, 2011. 70p. Source: Internet Resource: Accessed November 5, 2011 at: http://www.amnesty.org/en/library/asset/AMR27/002/2011/en/6ead3e9d-0684-40ae-aa71-73c3dc5382dc/amr270022011en.pdf Year: 2011 Country: Dominican Republic URL: http://www.amnesty.org/en/library/asset/AMR27/002/2011/en/6ead3e9d-0684-40ae-aa71-73c3dc5382dc/amr270022011en.pdf Shelf Number: 123234 Keywords: HomicidesHuman RightsPolice CorruptionPolice Use of Force (Dominican Republic)Violence |
Author: Caumartin, Corinne Title: Racism, Violence, and Inequality: An Overview of the Guatemalan Case Summary: This working paper was written for the first CRISE Latin American team meeting held in Lima in June 2004. The meeting provided an arena for presenting our case studies (Guatemala, Peru and Bolivia) and setting up our research agendas. This paper was designed as a broad general introduction to the ‘Guatemalan case’ for the purpose of research on ethnicity, horizontal inequalities and conflict. This ‘background paper’ attempts to provide a general overview of the issues of conflict and ethnicity in Guatemala. CRISE research in Peru, Bolivia and Guatemala, focuses primarily on the indigenous/non-indigenous divide. In a first instance, this paper sets out to examine the emergence and evolution of Guatemala’s key ethnic categories, highlighting a much greater ethnic diversity than a simple binary (indigenous/non indigenous) approach would suggest in a first place. Yet, whilst acknowledging Guatemala’s ethnic diversity, pertaining to an indigenous or non-indigenous group in Guatemala remains an important phenomenon with important social, economic, political and cultural consequences. In a second instance, this paper traces out the general history and nature of inter-actions between indigenous and Ladino groups. Furthermore, this paper introduces some of the key debates surrounding the question of ethnicity and inter-ethnic relations in Guatemala, notably those regarding the definitions and evaluations of the various populations which constitute Guatemala. The latter sections of the paper provide a general review of Guatemala’s armed conflict (1960-1996) examining its emergence, resolution and aftermath. Providing a general overview of the conflict allows us to map out the nature of violence and repression in Guatemala. This paper identifies the 1976-1985 period as being of particular relevance for CRISE research. Most of the conflict’s casualties occurred during this period with indigenous people accounting for over 80% of the victims of violence. This paper summarises and reviews the main forms of violence and repression that were perpetrated against the indigenous victims of the conflict, leading to the conclusion that there was an ‘ethnicisation’ of violence in Guatemala. Finally, to conclude our general overview of the Guatemalan case, the last sections of this paper review and evaluate the Guatemalan peace accords, paying particular attention to the agreement on indigenous rights. Details: London: Centre for Research on Inequality, Human Security and Ethnicity (CRISE), 2005. 71p. Source: Internet Resource: CRISE Working Paper No. 11: Accessed November 9, 2011 at: http://www.crise.ox.ac.uk/pubs/workingpaper11.pdf Year: 2005 Country: Guatemala URL: http://www.crise.ox.ac.uk/pubs/workingpaper11.pdf Shelf Number: 123277 Keywords: Ethnic GroupsHuman RightsIndigenous PeoplesRacismViolence (Guatemala) |
Author: Bastick, Megan Title: Security Sector Responses to Trafficking in Human Beings Summary: In recent years trafficking in human beings has become an issue of increasing concern to European states. Trafficking in human beings is understood as ahuman rights issue, a violation of labour and migration laws, and as undermining national and international security through its links to organised crime and corruption. United Nations agencies, the European Union, the Council of Europe and the Organisation for Security and Cooperation in Europe, amongst others, make important contributions to coordinating the fight against human trafficking. However, there remain significant deficits in concrete information sharing and cooperation between the security agencies of different states necessary to achieve success. In many countries, cooperation among local security sector actors, other state agencies and non governmental organisations has improved. However, ensuring that the human rights of trafficking victims are protected requires more substantial training and specialised operational procedures within the security sector. This paper brings a governance analysis to security sector responses to human trafficking. It focuses on security governance approaches concerning criminalisation and harmonisation of laws, prosecution of traffickers, protection of trafficked persons, prevention in countries of origin and prevention in countries of destination. The authors identify key shortcomings in current security responses to human trafficking, and make recommendations to states with aparticular focus on national and international coordination and the prevention of human trafficking. Details: Geneva: Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2007. 44p. Source: Internet Resource: DCAF Policy Papers (21): Accessed November 15, 2011 at: http://www.dcaf.ch/DCAF-Migration/KMS/Publications/Security-Sector-Responses-to-Trafficking-in-Human-Beings Year: 2007 Country: Europe URL: http://www.dcaf.ch/DCAF-Migration/KMS/Publications/Security-Sector-Responses-to-Trafficking-in-Human-Beings Shelf Number: 123353 Keywords: Human RightsHuman Trafficking (Europe)Organized CrimeSecurity Sector |
Author: Rights Working Group Title: Reclaiming Our Rights: Reflections on Racial Profiling in a Post-9/11 America Summary: In the summer of 2001, racial justice advocates were in the midst of a flurry of exciting developments. After years of work by advocates to fight back against the racially discriminatory impact of the “war on drugs,” the End Racial Profiling Act (ERPA) had been introduced in both houses of Congress. An August hearing in the Senate encouraged hopes for passage within the year. In the private sector, giant corporations Xerox and Microsoft were being sued for racial and gender discrimination, and Coca Cola had just reached, in 2000, a record $192 million settlement in a racial bias case brought by African American employees. The Third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in early September in Durban, South Africa, to celebrate the end of apartheid and a new global commitment to fighting racial injustice. Then, on September 11th, the tragic attacks on the World Trade Center in New York and the Pentagon in Washington, D.C., changed the nation in a single day. The loss of human life was staggering — there were nearly 3,000 victims killed by the attacks including nationals of more than 70 countries of every race and religion. Not only did all of the passengers on the planes used in the attacks die, but thousands more were killed in the crash sites of the Twin Towers, the Pentagon, and the field in Pennsylvania, and hundreds of rescue workers, fire fighters and police officers also gave their lives. Many more residents and rescue workers became ill and some also died in the months and years after the attacks, as debris and dust from the collapsed buildings were proven to be toxic for nearly one year after the attacks. In addition to these terrible losses, another significant loss occurred — the loss of civil liberties and human rights protections for many communities in the U.S. In particular, the problem of racial and religious profiling expanded dramatically under a number of new or revised government policies and programs. The decision in 2001-2002 by the Bush Administration to detain men of Arab, South Asian, or Muslim backgrounds as suspects in the new “war on terrorism” resulted in the arbitrary detention of more than 1,200 individuals. It coincided with a dramatic increase in harassment of and hate crimes against people in those communities. The newly-created Department of Homeland Security (DHS) devoted new and expanded resources toward the detention and deportation of immigrants, increasingly encouraging local police to enforce federal immigration laws and raising concerns about the racial profiling of Latino communities. DHS also joined forces with the Federal Bureau of Investigation and other law enforcement agencies to dramatically expand surveillance and information-sharing activities through such initiatives as fusion centers and suspicious activity reporting. These activities have led to allegations of racial profiling of Arab, South Asian, Muslim, and Latino communities by federal agencies. Many state governments joined their federal counterparts in implementing racial profiling as a law enforcement technique. In 2007, the Los Angeles Police Department was forced to cancel a mapping program designed to identify potential extremists in Middle Eastern, Arab, and Muslim communities in Los Angeles after residents protested the plan. In the last two years, a number of states have claimed new authority to enforce federal immigration laws, enacting “papers please” legislation and mandating that local police ask individuals about their immigration or citizenship status. The infamous law enacted in Arizona in 2010—SB 1070—has now been copied and passed in Alabama, Georgia, Indiana, South Carolina, and Utah, with Pennsylvania holding legislative hearings on similar legislation. Ten years later, the Rights Working Group (RWG) coalition sees the anniversary of these events as a chance to pause and remember — to reflect on our losses since September 11th and to reclaim those rights lost in the aftermath of the attacks. This collection of essays, from public offi cials, policy advocates, grassroots organizers, law enforcement offi cials, and community leaders, shares personal reflections of the struggle to overcome the pervasive human rights problem of racial profiling. Their stories and suggestions are insightful views into the challenges of the work but also the signifi cance of the struggle. Congressman John Conyers, Jr., who first introduced ERPA in 2001, offers an introduction for this collection of essays, noting why the legislation is needed today more than ever. Karen K. Narasaki reminds us that racial profiling is not new, and that we must remember the historical lessons from World War II and the internment of Japanese Americans in order to avoid making the same errors of targeting a particular community out of fear. Laura W. Murphy shares her personal recollections of the encounters her African American family had with law enforcement, and how her experience drove her and others at the ACLU to promote ERPA as an important response to biased policing. Monami Maulik describes her work as a community organizer who was overwhelmed by the racial and religious profiling targeting her community after September 11th and the steps she took to fight back. Shahid Buttar notes that September 11th was used to justify new government powers of surveillance and information-sharing that have resulted in further racial profiling of Muslim, Arab, South Asian, and other immigrant communities. Nadia Tonova and Christian Ramirez discuss the pervasive use of racial profiling on the northern and southern borders of the United States, where border communities increasingly fear contact with both the police and Customs and Border Protection officers. Pramila Jayapal offers insight into the expansion of immigration enforcement programs that have led to racial profiling of Latino and other immigrant communities across the country, impacting community safety and residents’ trust in the police. Former Police Chief Art Venegas highlights the importance of law enforcement officers taking steps to combat racial profiling within their own departments in order to be effective at promoting community safety. In the concluding essay, Senator Benjamin L. Cardin explains his commitment to reintroducing ERPA later this year, noting that racial profiling is not only an ineffective law enforcement technique but also a violation of our constitutional rights. Rights Working Group is grateful to all of them for contributing to this effort. In considering where we go next in the fight against racial profiling, Rights Working Group has provided a list of recommendations at the end of the report, including urging policymakers and community members to join the RWG Racial Profiling: Face the Truth campaign. Dr. Tracie Keesee has graciously contributed recommendations to law enforcement officers working to end racial profiling within their departments. Details: Washington, DC: Rights Working Group, 2011. 72p. Source: Internet Resource: Accessed November 19, 2011 at: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Year: 2011 Country: United States URL: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Shelf Number: 123406 Keywords: Bias in Law EnforcementHuman RightsImmigrantsRacial DiscriminationRacial Profiling (U.S.)Racial Profiling in Law EnforcementTerrorism |
Author: Gogia, Giorgi Title: Administrative Error: Georgia’s Flawed System for Administrative Detention Summary: Georgian authorities have used the Code of Administrative Offenses in recent years to lock up protestors and activists at times of political tension. The code allows for a person to be imprisoned for up to 90 days for certain administrative offenses, or misdemeanors. However, as this report describes, the code lacks due process and fair trial protections required for punishment of this severity. It does not explicitly require that police promptly inform defendants of their rights or give reasons for their detention. Detainees are often not allowed to contact their families, and if retained, lawyers often have difficulties in finding detainees in custody. Nor do detainees enjoy fair trial rights in court. Trials are often perfunctory, rarely last more than 15 minutes, and judicial decisions often rely exclusively on police testimonies. If lawyers are present, they lack time to prepare an effective defense. Lawyers and their clients also face obstacles exercising the right to appeal. Those handed terms of administrative imprisonment serve sentences in temporary detention isolators not intended for long-term occupancy, where conditions often fall short of international standards. As a party to both the International Covenant on Civil and Political Rights and the European Convention on Human Rights, Georgia should ensure full due process protections for administrative defendants, particularly with regard to the right to notify a third party about detention, the right to lawyer of one’s choosing, and the right to a fair trial. Details: New York: Human Rights Watch, 2012. 43p. Source: Internet Resource: Accessed January 10, 2012 at: http://www.hrw.org/sites/default/files/reports/georgia0112ForUpload.pdf Year: 2012 Country: Georgia URL: http://www.hrw.org/sites/default/files/reports/georgia0112ForUpload.pdf Shelf Number: 123550 Keywords: Administrative Detention (Georgia)CourtsDetentionHuman RightsMisdemeanorsPunishmentTrials |
Author: Meng, Grace Title: No Way to Live: Alabama’s Immigrant Law Summary: The sponsors of Alabama's new immigrant law, widely known as HB 56, intended to make life difficult for unauthorized immigrants in Alabama. As the bill’s co-sponsor State Rep. Mickey Hammon stated during debate, “[HB 56] attacks every aspect of an illegal alien’s life…This bill is designed to make it difficult for them to live here so they will deport themselves.” Although the law only went into effect on September 28, 2011, it has largely succeeded. No Way to Live is based interviews with 50 unauthorized immigrants as well as several dozen affected citizens, activists, and local government officials in Alabama. It documents the ways in which the Beason-Hammon Alabama Taxpayer and Citizen Protection Act has radically transformed the lives of unauthorized immigrants in that state. Most of the people we interviewed have lived in the state for more than 10 years, and have deep ties to the state through US citizen family, work, and community. In the first two months the law was in effect, local officials have used it to deny unauthorized immigrants access to everyday necessities such as water and housing in violation of their basic rights. The law also denies all unauthorized immigrants fundamental rights protections that should apply to everyone, not just citizens, making them more susceptible to discriminatory harassment and abuse by local authorities and ordinary people. They live in a climate of fear and uncertainty, which has had a particularly severe impact on children, many of whom are US citizens. Under international law, governments are empowered to regulate immigration. However, no government at any level may enact a law that denies fundamental rights to people based on their status. The experience of Alabama’s unauthorized immigrants and their families underscores the urgent need for comprehensive federal immigration reform that is respectful of human rights, and for Alabama’s immediate repeal of the Beason- Hammon Act. Details: New York: Human Rights Watch, 2011. 57p. Source: Internet Resource: Accessed January 13, 2012 at: http://www.hrw.org/sites/default/files/reports/us1211ForUpload_1.pdf Year: 2011 Country: United States URL: http://www.hrw.org/sites/default/files/reports/us1211ForUpload_1.pdf Shelf Number: 123605 Keywords: Human RightsIllegal AliensIllegal ImmigrationImmigrants (Alabama) |
Author: Transform Drug Policy Foundation Title: The War on Drugs: Undermining Human Rights Summary: The global “war on drugs” has been fought for 50 years, without preventing the long-term trend of increasing drug supply and use. Beyond this failure, the UN Office on Drugs and Crime (UNODC) has identified many serious “unintended negative consequences” of the drug war – including widespread human rights abuses.(1) These human rights costs result not from drug use itself, but from choosing a punitive enforcement-led approach that, by its nature, criminalises many users, often the most vulnerable in society, and places organised criminals in control of the trade. This briefing summarises these human rights costs. There is naturally overlap with other areas of the Count the Costs project, including: security and development, discrimination and stigma, public health, crime, the environment, and economics. Details: London: Transform Drug Policy Foundation, 2011. 18p. Source: Internet Resource: Accessed January 17, 2012 at: http://www.countthecosts.org/sites/default/files/Human_rights_briefing.pdf Year: 2011 Country: International URL: http://www.countthecosts.org/sites/default/files/Human_rights_briefing.pdf Shelf Number: 123633 Keywords: Drug ControlDrug PolicyHuman RightsWar on Drugs |
Author: Bricker, Kristin Title: Military Justice and Impunity in Mexico’s Drug War Summary: Mexican President Felipe Calderón’s military deployment to combat the country’s war on drugs has been strongly criticized by international human rights groups. During Calderón’s administration, over 47,337 people have been killed and thousands of human rights complaints have been filed against the military. The Inter- American Court of Human Rights (IACtHR) has issued several binding rulings that obligate Mexico to strip the military of its jurisdiction to investigate and try soldiers accused of violating civilians’ human rights. On July 12, 2011, Mexico’s Supreme Court ruled that Congress must reform the Code of Military Justice so that human rights abuse cases always fall under civilian jurisdiction. The Arce Initiative, brought forward by Senator René Arce from Mexico’s opposition party, is the only proposed reform that complies with the IACtHR rulings and international human rights law. The Merida Initiative, a US aid package designed to assist in the fight against the war on drugs, places too much emphasis on the military and law enforcement, and needs to be revised. Civilian rule of law in Mexico can be strengthened by donor governments who are willing to help implement measures to increase transparency, combat corruption and rampant human rights abuses, and ease the transition to an accusatorial oral justice system. Details: Waterloo, ONT: Centre for International Governance Innovation, 2011. 15p. Source: Internet Resource: SSR Issue Papers: No. 3: Accessed January 19, 2012 at: http://mafiaandco.files.wordpress.com/2011/09/military-justice-and-impunity-in-mexico_s-drug-war.pdf Year: 2011 Country: Mexico URL: http://mafiaandco.files.wordpress.com/2011/09/military-justice-and-impunity-in-mexico_s-drug-war.pdf Shelf Number: 123665 Keywords: CorruptionDrug Trafficking (Mexico)Human RightsWar on Drugs |
Author: Matas, David Title: Report Into Allegations of Organ Harvesting of Falun Gong Practitioners in China Summary: It is alleged that Falun Gong practitioners are victims of live organ harvesting throughout China. This report presents the findings of an investigation into these allegations. Details: Unpublished, 2006. 66p. Source: Internet Resource: Accessed on January 23, 2012 at http://organharvestinvestigation.net/report0607/report060706-eng.pdf Year: 2006 Country: International URL: http://organharvestinvestigation.net/report0607/report060706-eng.pdf Shelf Number: 123745 Keywords: Human RightsTrafficking in Human Organs |
Author: Cipriani, Don Title: South Asia and the Minimum Age of Criminal Responsibility: Raising the Standard of Protection for Children't Rights Summary: The following sections offer a basic introduction to the minimum age of criminal responsibility (MACR) and related age limits. After establishing some practical working definitions, a snapshot of South Asian MACRs is presented, which is then matched up against MACRs in other regions of the world. Finally, a brief analysis of human rights jurisprudence – developed largely under the Convention on the Rights of the Child (CRC) – concludes with the basic children’s rights standards for MACR provisions, and a short comparison of South Asia’s provisions against those standards. Details: Kathmandu, Nepal: UNICEF Regional Office for South Asia, 2008. 67p. Source: Internet Resource: Accessed on January 28, 2012 at http://www.unicef.org/rosa/Criminal_Responsibility_08July_05(final_copy).pdf Year: 2008 Country: Asia URL: http://www.unicef.org/rosa/Criminal_Responsibility_08July_05(final_copy).pdf Shelf Number: 123859 Keywords: Age of Criminal Responsibility (South Asia)Human RightsJuveniles |
Author: Samuel Hall Consulting for the International Labour Organization (ILO) Title: Buried in Bricks: A Rapid Assessment of Bonded Labour in Brick Kilns in Afghanistan Summary: This study analyses bonded labour in brick kilns within the broader humanitarian and development context to help stakeholders address the risks of bonded labour in light of social, economic and political policy priorities. It provides a bottom-up and top-down analysis drawing from data gathered from bonded labourers, employers, and local community leaders in Deh Sabz, Kabul, and Surkhroad, Nangarhar, as well as from interviews with stakeholders and experts between August and October 2011. Details: Kabul, Afghanistan: Samuel Hall Consulting, 2011. 86p. Source: Internet Resource: Accessed February 14, 2012 at http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_172671.pdf Year: 2011 Country: Afghanistan URL: http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_172671.pdf Shelf Number: 124135 Keywords: Child Labor (Afghanistan)Forced LaborHuman Rights |
Author: Blokhuis, Bregje Title: Violation of Women's Rights: A cause and consequence of trafficking in women Summary: The report reveals how gender discrimination and violence is linked to trafficking. It argues that effective prevention of trafficking in women or protection of women at risk of trafficking can only take place if women’s rights - in particular economic and social gender equality – are safeguarded and fulfilled. Gender equality and efforts to end violence against women must stand at the centre of any anti-trafficking policy or activity. Details: Amsterdam, Netherlands: La Strada International, 2008. 116p. Source: Internet Resource: Accessed February 14, 2012 at http://www.humantrafficking.org/uploads/publications/lastrada_08_rights_0708.pdf Year: 2008 Country: International URL: http://www.humantrafficking.org/uploads/publications/lastrada_08_rights_0708.pdf Shelf Number: 112356 Keywords: Human RightsHuman TraffickingViolence Against Women |
Author: Davey, Corinne Title: Change starts with us, talk to us! Beneficiary perceptions regarding the effectiveness of measures to prevent sexual exploitation and abuse by humanitarian aid workers: a HAP commissioned study Summary: This research, conducted in Haiti, Kenya and Thailand, was commissioned by the Humanitarian Accountability Partnership (HAP), and sought to capture the views of beneficiaries of humanitarian assistance on the effectiveness of measures put in place to prevent sexual exploitation and abuse (PSEA) by humanitarian workers. This study is a follow up to similar research, also on behalf of HAP, conducted by Lattu in 20081. It examines whether organisations have worked effectively on PSEA measures in the intervening three years, such that beneficiaries now feel safer, more confident to report exploitation and abuse, and more assured that reports will be addressed appropriately. The review analyses the findings and recommendations of existing research, and examines humanitarian organisational policies, guidelines and standards for PSEA. It includes the views of UN and NGO personnel working in the three countries on how these policies and procedures are being implemented, what support they are receiving to set up appropriate mechanisms to protect vulnerable people from SEA and, most importantly, the views of beneficiaries on the effectiveness of these measures. The choice of the focus countries was made in part to provide some comparison over time, since Kenya and Thailand were featured in the previous study. In addition, the three countries cover different regions of the world, and represent different contexts and scenarios in relation to PSEA implementation. In Kenya, a PSEA initiative ended shortly before Lattu’s 2008 research. Two years on, there was now the opportunity to track the sustainability of previous PSEA efforts. Research in Kenya was also conducted in Kibera, one of the largest urban slums in Africa, which allowed for a comparison of measures adopted in an urban development context with those in the camps. In Thailand, a three-year initiative on PSEA was ending, which offered useful learning on the impact of a consistent and concerted effort. The recent earthquake in Haiti provided an example of how PSEA measures are being implemented in the context of a large-scale, rapid onset disaster. Consultation with groups of women, men, girls and boys inform the main findings of the research. A total of 732 beneficiaries participated in the study across the three countries, of which 411 were female and 321 male. The researchers elicited community opinions on exploitation and abuse by humanitarian workers but set this in the context of the exploitation and abuse that camp and host communities experience at the hands of other perpetrators, including members of their own communities. In doing so, the researchers were able to explore the impact of initiatives, such as those on gender-based violence (GBV) and child protection, to understand how these have been coordinated with organisational policies to ensure protection from exploitation and abuse by humanitarian workers. Beneficiaries in all locations, to a greater or lesser extent, reported that they still feel at risk of exploitation and abuse by humanitarian workers. In addition to sexual abuse and exploitation by humanitarian workers, the report describes high levels of violations occurring in the beneficiary populations at the hands of others. Organisational efforts to discuss issues of SEA with beneficiaries appear variable from location to location. Some organisations have put in place effective awareness-raising mechanisms, such as hiring a protection officer, holding regular group meetings, or the use of theatre and drama. These are proving effective in Thailand and in some camps in Haiti. However, the most common feedback from beneficiaries is that organisations have not discussed SEA with them, and that little has been agreed between organisations and beneficiaries to prevent SEA taking place. Under-reporting is still a major issue. Most beneficiaries say they would report SEA by humanitarian workers, but the actual number of reported cases does not appear to bear this out. Reporting depends on a number of factors, principally whether beneficiaries are clear on how to make the report, and the extent to which the reporting mechanism is considered confidential. Providing information to beneficiaries is a major challenge. The use of complaints boxes has not been well received by beneficiaries in Kenya because they are not perceived as being confidential. The lack of clear reporting mechanisms, including identified people to report to, is also a significant barrier to complaining. This reflects an opinion in all three countries. Most beneficiaries who were able to describe the reporting process, articulated a route they had devised themselves rather than a formal reporting mechanism designed by the organisations. In asking beneficiaries what formal process might help them in reporting, women generally wanted organisations to establish a specific place where reports could be made. Reporting also depends on whether or not beneficiaries see the incident as exploitative (consensual sex between humanitarian workers and beneficiaries may not necessarily by considered exploitative) and whether beneficiaries feel they have enough evidence to make a report. At times, it appears simply to be a matter of staff attitude. It is clear from the research, however, that the risk of exploitation and abuse of beneficiaries by humanitarian workers decreases when PSEA initiatives are consistently implemented. In Haiti, the risk was seen as highest in the immediate aftermath of the earthquake before PSEA initiatives were introduced. In Kenya, the 2004 – 2007 PSEA project was perceived to have made improvements in the situation for beneficiaries. However, since the three-year project ended and PSEA was incorporated into GBV work, some declines were noted. In Thailand, a concerted and coordinated effort has seen the cases of SEA by humanitarian aid workers reduce significantly. The recommendations in this report aimed at improving the effectiveness of agencies’ PSEA efforts are drawn from both beneficiaries’ suggestions and the researchers’ analysis. The report has been structured as follows: the introduction provides a background on PSEA efforts since 2002, other research that has been conducted, and the contexts in which research for this report was carried out. The main body of the report is designed to give the reader a sense of the beneficiaries’ voices - the section titles are formed as beneficiaries’ questions, and populated with actual quotes obtained during the country visits. Following the section on conclusions and recommendations, the report provides individual chapters focused on each country visited, giving more detail on the circumstances there, and the issues and perceptions of particular relevance to beneficiaries located in those countries. Details: Geneva, Switzerland: The Humanitarian Accountability Partnership International, 2010. 124p. Source: Internet Resource: Accessed February 17, 2012 at http://www.hapinternational.org/pool/files/change-starts-with-us.pdf Year: 2010 Country: International URL: http://www.hapinternational.org/pool/files/change-starts-with-us.pdf Shelf Number: 124158 Keywords: Human RightsSex Exploitation (Haiti) (Kenya) (Thailand)Sexual AbuseVoluntary and Community Organizations |
Author: International Drug Policy Consortium Title: TNI-IDPC-Sentencing Council: Expert Seminar on Proportionality of Sentencing for Drug Offences Summary: The Expert Seminar on Proportionality of Sentencing for Drug Offences was an initiative of the Transnational Institute working together with the International Drug Policy Consortium (‘IDPC’) and co-hosted by the Sentencing Council of England and Wales. The seminar was funded by the European Commission and the Open Society Institute and took place in London, England in May 2011. This seminar is the third in a series of expert discussions on drug policy designed to feed into moments of opportunity for policy and law reform at national and international level with detailed technical analysis and through examples of best-practice from across different jurisdictions. The moment of opportunity in this case was the Sentencing Council’s consultation on sentencing for drug offences which is due to produce definitive sentencing guidelines for England and Wales in the next year. A total of 31 people attended and comprised a mixture of domestic and international policy officials, the judiciary, and practitioners as well as representatives from non-governmental organisations and academic institutions. Four themes were covered over the course of the day: proportionality, the International Human Rights Perspective; the UK Experience and Consultation on Sentencing for Drug Offences; the Concept of Proportionality with a Focus on Different Levels of Involvement in Drug Offences; and drug ‘mules.’ Details: London: International Drug Policy Consortium, 2011. 41p. Source: Internet Resource: Accessed February 19, 2012 at http://www.idpc.net/sites/default/files/library/IDPC-TNI%20Proportionality%20Report%20FINAL.pdf Year: 2011 Country: International URL: http://www.idpc.net/sites/default/files/library/IDPC-TNI%20Proportionality%20Report%20FINAL.pdf Shelf Number: 124198 Keywords: Drug PolicyDrug TraffickingHuman RightsSentencing Guidelines |
Author: Bharadwaj, Priti, ed. Title: Community Participation in Prisons: A civil society perspective Summary: Prison administration in India is still governed by the archaic Prisons Act of 1894. Systemic reforms in prisons in India are long overdue. Defenders of prisoners' rights and those working on prison reforms are few and scattered over various disciplines across India. Commonwealth Human Rights Initiative (CHRI) along with Prayas (Mumbai) realised that though there are several key players in the field of prison reforms across India, there has not been any effort in bringing them together to share their successes or failures, or build a broad lobby group. Concerned over the lack of collective civil society movement to precipitate prison reforms, it was decided to harness and further strengthen existing human resources on prison related issues. This book is an effort to initiate and achieve sustained systemic prison reforms. This one of its kind compendium attempts to document the resource pool of NGOs, faith based groups, and associations like rotary but it does not include individuals or state authorities or those created by the state such as human rights commissions or legal aid bodies It accounts the institutions specific concerns, strategies, capacity building requirements, and achievements on prison reform and prisoner's rights. The compendium describes the factors that have influenced their evolution, patterns of growth, problems and constraints as well as gaps, challenges and opportunities We believe that, identifying the persons/organisations key to engendering change in prisons, and collecting information on their skills and capacities, will not only catalyse change and collaborative action but more importantly create momentum needed to address the ailing Criminal Justice System of India. Details: New Dehli, India: Commonwealth Human Rights Initiative, 2008. 258p. Source: Internet Resource: Accessed February 28, 2012 at http://www.humanrightsinitiative.org/publications/prisons/community_participation_in_prisons.pdf Year: 2008 Country: India URL: http://www.humanrightsinitiative.org/publications/prisons/community_participation_in_prisons.pdf Shelf Number: 124303 Keywords: Community ParticipationCorrections Administration (India)Faith-Based OrganizationsHuman RightsNGOsPrison Reform (India) |
Author: Moosa, Zohra Title: Destined to fail? How violence against women is undoing development Summary: Violence against women and girls is one of the starkest collective failures of the international community in the 21st century. Violence affects one in three women globally and is one of the most widespread abuses of human rights worldwide in times of both conflict and peace. It is a leading cause of death and disability among women of all ages. As this report shows, women face violence and the threat of violence at every stage of their lives. As well as representing a gross violation of human rights in its own right, violence against women also presents a fundamental barrier to eradicating poverty and building peace. Violence against women impoverishes individual women, as well as their families, communities and countries. It drains public resources, undermines human capital, and lowers economic productivity. Even the most conservative estimates measure national costs of violence against women and girls in the billions of dollars. Crucially, violence against women undermines women’s potential and ability to effect change in the world. Half the world’s population is unable to bring their skills fully to bear on the challenges of the day because they are fighting for their safety. A constant threat to their lives and well-being, violence against women robs women of choices and control over their own bodies, sexuality and lives. It gravely affects their chances of survival and their ability to lift themselves out of poverty. It stops them from securing a decent education, entering the employed workforce, leaving an abusive partner and participating in public life. Allowing violence against women to continue unabated sends the message that we do not value women or their lives. It also means that progress towards development goals is destined to fail. Details: London: ActionAid, 2010. 27p. Source: Internet Resource: Accessed February 29, 2012 at http://www.actionaid.org.uk/doc_lib/destined_to_fail.pdf Year: 2010 Country: International URL: http://www.actionaid.org.uk/doc_lib/destined_to_fail.pdf Shelf Number: 124331 Keywords: Human RightsViolence Against Women (Developing Countries) |
Author: APS Group Scotland Title: Responding to Forced Marriage: Multi-Agency Practice Guidelines Summary: These practice guidelines aim to inform frontline practitioners who are responsible for protecting children and adults from the abuse associated with forced marriage. They do not require significant changes in practice. You should use existing structures, policies and procedures designed to protect children, adults at risk and those experiencing domestic abuse. But, in doing so, you must be mindful of the specific risks and dangers associated with forced marriage. Risks to victims may be increased by all forms of family counselling, mediation, arbitration and conciliation; by failing to share or store information appropriately or safely; by involving families; and by breaches of confidentiality. Given the nature of forced marriage, no single agency can meet all the needs of someone affected by forced marriage. These practice guidelines, therefore, aim to encourage practitioners to work together safely to protect victims. This approach is also consistent with the Scottish Government's emphasis on a multi-agency response to tackling domestic abuse and responding to children and adults at risk of harm. There are multi-agency partnerships for violence against women in all local authorities. They are a good source of information and support for multi-agency working on these issues. Other relevant partnerships include Community Planning; Community Safety; Multi-Agency Risk Assessment Conferences; Multi-Agency Public Protection Arrangements; Child Protection and Adult Protection Committees. Although forced marriage is primarily an issue of violence against women, the guidelines provide information relevant to practitioners assisting both male and female victims. Details: Edinburgh: Scottish Government, 2011. 142p. Source: Internet Resource: Accessed March 2, 2012 at: http://www.scotland.gov.uk/Publications/2011/12/22165750/0 Year: 2011 Country: United Kingdom URL: http://www.scotland.gov.uk/Publications/2011/12/22165750/0 Shelf Number: 124342 Keywords: Child MarriageChild ProtectionDomestic ViolenceForced Marriage (Scotland)Human RightsViolence Against Women |
Author: Center for Human Rights and Global Justice, Title: Targeted and Entrapped: Manufacturing the “Homegrown Threat” in the United States Summary: Since September 11, 2001, the U.S. government has targeted Muslims in the United States by sending paid, untrained informants into mosques and Muslim communities. This practice has led to the prosecution of more than 200 individuals in terrorism-related cases. The government has touted these cases as successes in the so-called war against terrorism. However, in recent years, former Federal Bureau of Investigation (FBI) agents, local lawmakers, the media, the public, and community-based groups have begun questioning the legitimacy and efficacy of this practice, alleging that—in many instances—this type of policing, and the resulting prosecutions, constitute entrapment. This Report examines three high-profile terrorism prosecutions in which government informants played a critical role in instigating and constructing the plots that were then prosecuted. In all three cases, the FBI or New York City Police Department (NYPD) sent paid informants into Muslim communities or families without any particularized suspicion of criminal activity. Informants pose a particular set of problems given they work on behalf of law enforcement but are not trained as law enforcement. Moreover, they often work for a government-conferred benefit—say, a reduction in a preexisting criminal sentence or a change in immigration status—in addition to fees for providing useful information to law enforcement, creating a dangerous incentive structure. Details: New York: New York University School of Law, 2011. 82p. Source: Internet Resource: Accessed March 2, 2012 at: http://www.chrgj.org/projects/docs/targetedandentrapped.pdf Year: 2011 Country: United States URL: http://www.chrgj.org/projects/docs/targetedandentrapped.pdf Shelf Number: 124344 Keywords: Human RightsInformantsMuslimsTerrorism (U.S.) |
Author: Cortright, David Title: Friend not Foe: Civil Society and the Struggle against Violent Extremism - A report to Cordaid from the Fourth Freedom Forum and Kroc Institute for International Peace Studies at the University of Notre Dame Summary: Repressive counterterrorism measures (CTMs) have led to an erosion of civil liberties and human rights in many countries. The repercussions have been felt keenly by civil society groups, especially in the global South. Overly restrictive security policies have contributed to a climate of suspicion toward nongovernmental groups, particularly those that challenge social exclusion and unequal power relations. Many of the organizations that work against extremism by promoting human rights and development are themselves being labeled extremist and are facing constraints on their ability to operate. Counterterrorism measures include a wide range of policies with differing impacts, which can be loosely characterized as the good, the bad, and the ugly. In the bad and ugly categories are CTMs that overemphasize security and distort development priorities, and that lead to extrajudicial killings, greater state repression, and increased human rights abuse. Repressive counterterrorism measures constrain the operational capacity of civil society actors and impede the work of groups promoting rights-based development. On the positive side are cooperative nonmilitary measures that enhance the capacity of governments to thwart terrorist attacks. Also in the good category are policies that encourage support for sustainable development and the defense of human rights, as recommended in the Global Counter-Terrorism Strategy adopted by the UN General Assembly in 2006. The evaluation of particular policies should be based on the degree to which they contribute to genuine security and democratic governance, while also upholding the rule of law and protecting the work of those striving to defend human rights, promote development, and resolve conflict. The recent trend toward the use of development funding for security-related programs has stirred controversy among development agencies and civil society actors. In the United States a growing percentage of development funding is being channeled through the Pentagon or integrated with military operations. Development advocates recognize the connections that exist between development and security, but they oppose the diversion of development funding to serve the security interests of governments in the global North. The integrity and autonomy of development and human rights activities must be respected as ends in themselves, not as means to other purposes. International policies to prevent the financing of terrorism have adversely affected nonprofit charities and have created a chilling effect in the donor community. Transnational Islamic NGOs have experienced particular difficulties in fulfilling the almsgiving obligation of the zakaat. In several countries, governments have adopted legislation and regulations curbing remittances and imposing conditions on foreign funding. Such restrictions have made it more difficult to finance independent humanitarian assistance, development, and conflict mediation activities. In response to the repressive pressures and restrictions that have been imposed on civil society groups and their supporters, NGOs have established a set of core principles, based on international legal conventions, for protecting the operational and political space of civil society groups. These are: the right to entry, defined as the freedom to associate and form organizations; the right to operate without unwanted state interference; the right to free expression; the right to communicate and cooperate freely internally and externally; the right to seek and secure resources; and the right to have these freedoms protected by the state. States have a duty under international law to assure all citizens the full range of human and civil rights, including freedoms of association and expression. Through their efforts for development and human rights, civil society groups are working to dry up the wells of extremism from which violence springs. Civil society organizations address political grievances, socio-economic injustices, and power imbalances that are among the roots causes of armed conflict. This work is not labeled counterterrorism, nor should it be, but it is exactly what is needed to counter violent extremism. International policymakers must recognize and protect this vital civil society mission and take action to eliminate counterproductive CTMs. In the global struggle against terrorism civil society groups should be welcomed as friends, not hounded as foes. Details: Goshen, IN: Fourth Freedom Forum, 2008. 36p. Source: Internet Resource: Accessed March 2, 2012 at http://humansecuritygateway.com/documents/KROC_FriendFoe_CivilSocietyAgainstViolentExtremism.pdf Year: 2008 Country: International URL: http://humansecuritygateway.com/documents/KROC_FriendFoe_CivilSocietyAgainstViolentExtremism.pdf Shelf Number: 124351 Keywords: Civil LibertiesCounterterrorismHuman RightsViolent Extremism |
Author: Northern Ireland. The Regulation and Quality Improvement Authority Title: Roe House (Landing 4): Maghaberry Prison: Unannounced Inspection of Infection Prevention and Hygiene - 8 July 2010 Summary: RQIA conducts a programme of infection prevention and hygiene inspections at acute, community, independent and mental health and learning disability hospitals across Northern Ireland. These inspections are carried out using the Regional Healthcare Hygiene and Cleanliness Audit Tool and associated Standards. The focus for this inspection to the Roe House of Maghaberry Prison was to assess the hygiene standards and infection prevention and control practices in place and to assess if the conditions within the Roe House have implications in respect of inhumane or degrading treatment. The joint inspection was undertaken as a consequence of concerns raised with RQIA/CJI around the possibility of infectious disease arising from the protest currently being undertaken by separated prisoners located in Roe House. The area to be inspected was the downstairs landing of Roe 4. It has an integrated small laundry and kitchen room, one empty cell with hair cutting facilities, one empty cell for ironing (currently being used as a cleaning store for outside cleaning contractors) and in cell sanitary facilities, one classroom and an ablutions area. There is an integrated recreation room which is currently being refurnished and an outside exercise yard area. Details: Northern Ireland: The Regulation and Quality Improvement Authority, 2010. 58p. Source: Internet Resource: Accessed March 9, 2012 at http://www.rqia.org.uk/cms_resources/Roe%20House%2008072010.pdf Year: 2010 Country: United Kingdom URL: http://www.rqia.org.uk/cms_resources/Roe%20House%2008072010.pdf Shelf Number: 124397 Keywords: Correctional Administration (Northern Ireland)Human RightsPrison Administration (Northern Ireland)Prisoner Health (Northern Ireland) |
Author: Consortium for Refugees and Migrants in South Africa (CoRMSA) Title: Protecting Refugees, Asylum Seekers and Immigrants in South Africa during 2010 Summary: The movement of people into, within and through South Africa raises fundamental questions about the country’s commitments to human rights, regional integration, security, and economic development. Where it was once a side issue occupying minor corners of government and civil society, a combination of domestic debates and global trends has put the country’s response to migrants at the heart of South Africa’s policy agenda. In the coming year, the government will debate amendments to the Immigration Act and has committed to continue efforts to regularise migrants from across Southern Africa who have been living and working in the country. Elsewhere, the South African Local Government Association (SALGA) will begin enlisting municipal authorities in a campaign to plan for and protect refugees along with domestic and international migrants. The Department of Health (DoH) has recognised the need to build systems that promote people’s access to basic health services regardless of their migration status. The innovative ‘Protection Working Group’ – a body bringing together the police, line ministries, civil society and international agencies – has done impressive collaborative work to combat xenophobic violence and continues to identify hotspots and pre‐emptively respond to threats of xenophobic violence. CoRMSA has played a central part in putting these issues on the agenda, and will continue to work tirelessly to ensure that they are effectively addressed. Despite positive developments and an opening of space for discussion with local and national government representatives, there is much work to do. In early 2011, a United Nations delegation called on South Africa to “improve social cohesion and measures against discrimination, exploitation, a tendency by the police to ignore the rights of migrants, and the overall lack of a comprehensive immigration policy that incorporates human rights protection.”1 Statements by the Minister of Home Affairs, Nkosazana Dlamini‐Zuma, suggest that there is ambivalence, even at the highest levels, about the protection of migrants and refugees in South Africa.2 Part of this uncertainty stems from the fallacy that migrants’ interests run counter to positive economic and political transformation. Moreover, many continue to feel that South Africa cannot effectively combat xenophobia until we have banished inequalities and racism within the citizenry. CoRMSA takes the position that efforts to build a system of policies and laws that protect migrants and refugees cannot be separated from the objective of building a just and transformed South Africa. South Africa remains part of the larger region of the Southern Africa Development Community (SADC) and cannot close its borders. Nor should it. Not only is South Africa obliged by international law to protect refugees and asylum seekers, but the movement of people within the region helps to foster prosperity and human security. Similarly, efforts to arrest, detain, or inhibit the migrants’ economic activities within the country only hinder investment, job creation, and social cohesion. To be sure, some South Africans lose out when foreigners move in. But all evidence suggests that migrants’ skills, entrepreneurship and investment helps South African business and creates jobs for locals. Continued myth‐making and scapegoating will only take us backward. By accepting that migrants and refugees are part of the country’s population, we can develop pragmatic policing, urban development, and health policies. South Africa’s inability to come to terms with Zimbabwean migration continues to tarnish the country’s reputation and reveals more fundamental questions about the commitment to protect non‐nationals within its borders. While marketed as a generous offer to help Zimbabweans secure legal status in South Africa, 2010’s ‘regularisation’ process was characterised by bureaucratic ineptitude and dissimulation. The result was that approximately 10% of the Zimbabweans in the country have obtained some kind of durable legal status. The remaining 1 million or more have been left in limbo, uncertain whether they will be arrested, deported, or simply left to find their way through the overwhelmed asylum system. This scenario suggests that the South African government’s approach to migration is Janus‐faced: offering a friendly, embracing vision to the world while in reality shutting out the non‐nationals crossing its borders or living within them. While there is reason for considerable disquiet, the possibility of extending similar amnesties to other SADC nationals hints at a gradual recognition of the need to build a regional migration framework. This report provides a summary of some of the most significant developments affecting the rights of refugees, asylum seekers, and other migrants in South Africa. The point is not to suggest that migrant rights should take priority over those of citizens: protection of those who move will only be achieved through strengthening the broader systems of administrative and criminal justice that serve all who live in South Africa, and improvements in the quality of care and services provided to the country’s poor and marginalised populations. For those concerned with the rights and welfare of non‐nationals in South Africa, this document provides the best available data and analysis. For others, it offers a snapshot of South Africa’s strengths and weaknesses in protecting one among many vulnerable populations. This year’s report focuses on key elements of refugee and migrant rights protection in South Africa. Based on extensive research by CoRMSA and its partners, each section offers a series of recommendations to promote positive and pragmatic reforms. The points below provide a summary of the report’s primary findings and recommendations. Details: Johannesburg: Consortium for Refugees adn Migrants in South Africa (CoRMSA), 2011. 140p. Source: Internet Resource: Accessed March 16, 2012 at http://www.cormsa.org.za/wp-content/uploads/2011/07/CoRMSA-Report-20111.pdf Year: 2011 Country: South Africa URL: http://www.cormsa.org.za/wp-content/uploads/2011/07/CoRMSA-Report-20111.pdf Shelf Number: 124555 Keywords: Asylum (South Africa)Human RightsImmigrants (South Africa)Refugees (South Africa) |
Author: National Network for Immigrant and Refugee Rights (NNIRR) Title: Over-raided, under seige: U.S. Immigration laws and enforcement destroy the rights of immigrants Summary: Over-Raided, Under Siege: U.S. Immigration Laws and Enforcement Destroy the Rights of Immigrants provides a critical overview and analysis of the trends and patterns of human rights violations being perpetrated against immigrant and refugee communities by the U.S. government, local, county and state governments, employers and private citizen groups. It is the fourth report issued by the National Network for Immigrant and Refugee Rights (NNIRR) on immigration enforcement. The most recent report – Human Rights, Human Security at Risk – concludes that placing immigration services and enforcement under the new Department of Homeland Security (DHS) jeopardizes community safety and compromises access to services. The report was published in 2003, shortly after the formation of DHS. Over-Raided, Under Siege, produced under the auspices of the Human Rights Immigrant Community Action Network (HURRICANE) a new initiative of NNIRR, documents over 100 stories of human rights violations from across the country between 2006 and 2007. They range from immigration raids and migrant deaths at the U.S.-Mexico border tomounting detentions and deportations. The report identifies fivemajor trends of rights violations in immigration services and enforcement based on some 100 stories of abuse and 206 incidents of raids tracked through extensive documentation from newspaper articles, scholarly journals, reports, and interviews with affected persons and reporting by community groups. The report also provides a political and historical context to the stories (SEE PAGE 53). Over-Raided, Under Siege concludes with a series of recommendations for Congress, state and local governments, the Social Security Administration, the Department of Homeland Security, and local law enforcement agencies to cease all policies, practices, measures and laws that violate international human rights norms and to protect and uphold the rights of all immigrant and refugee families, workers and communities and focus on addressing the root causes of migration. Details: Oakland, CA: National Network for Immigrant and Refugee Rights, 2008. 108p. Source: Internet Resource: Accessed March 23, 2012 at http://173.236.53.234/~nnirrorg/drupal/sites/default/files/undersiege_web.pdf Year: 2008 Country: United States URL: Shelf Number: 124647 Keywords: Border ControlHuman RightsImmigration EnforcementPolice BehaviorRaids |
Author: Kamenska, Anhelita Title: Combating Hate Crimes in Latvia: Legislation and Police Practice Summary: analyses the situation concerning hate crimes in Latvia, including legislation and police practises, in order to identify the gaps and to improve legislative and law enforcement responses to hate crimes. It provides an overview concerning the development of legislation criminalising hate crimes on racist and religious grounds from the Soviet period until present times, police structure in Latvia, statistics on hate crimes, police practises and challenges in investigating racist crimes as well as the increasing role of civil society in combating hate crimes. In the understanding of hate crimes, the paper has followed the ODIHR working definition of hate crime: A) Any criminal offence, including offences against persons or property, where the victim, premises, or target of the offence are selected because of their real or perceived connection, attachment, affiliation, support, or membership with a group as defined in Part B. B) A group may be based upon a characteristic common to its members, such as real or perceived race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or other similar factor. While the paper predominantly focuses on racist crimes, developments in Latvia in recent years strongly argue in favour of criminal legislation that would widen protection against hate motivated crimes towards sexual minorities, providing also for religious and homophobic motives as aggravating circumstances. The paper is one of the outputs of a two-year EU funded project, which has aimed to improve police capacity in identifying and investigating hate crimes, and to strengthen police and NGO co-operation and which has, inter alia, included mutual exchange study visits for Latvian and Czech Police and NGO representatives. The project also includes the publication of a research paper highlighting the experiences of victims of hate crimes in Latvia, national seminars and international conferences in both Latvia and the Czech Republic. All activities represent the search for new and effective ways of addressing hate crimes that would lead to improved policing, address the needs of the victims of hate crimes and foster meaningful co-operation between the police, NGOs and minority groups. Details: Riga, Latvia: Latvian Centre for Human Rights, 2008. 47p. Source: Internet Resource: Accessed March 24, 2012 at http://www.humanrights.org.lv/upload_file/Naida_noziegums_ENG_Internetam.pdf Year: 2008 Country: Latvia URL: http://www.humanrights.org.lv/upload_file/Naida_noziegums_ENG_Internetam.pdf Shelf Number: 124729 Keywords: Hate Crimes (Latvia)Human RightsLegislation (Latvia)Police Policies and Procedures (Latvia) |
Author: Roth, Francoise Title: Using Quantitative Data to Assess Conflict-Related Sexual Violence in Colombia: Challenges and Opportunities Summary: This report addresses the challenges of sexual violence measurement in a specific context: Colombia's ongoing internal armed conflict. After discussing in depth the difficulties faced by researchers attempting to measure sexual violence around the world, the report addresses several Colombian data collection efforts more specifically. Both governmental and non-governmental data sources are considered; more importantly, the authors outline several key cultural and political issues affecting sexual violence data collection in Colombia. In particular, the research team found, sexual violence reporting procedures in Colombia are fragmented and incomplete. Sexual violence is frequently viewed as a domestic violence or criminal justice issues; it is seldom considered as a phenomenon in its own right, or as an outcome associated with armed conflict. Details: Corporación Punto de Vista; Palo Alto, CA: Benetech, 2011. 103p. Source: Internet Resource: Accessed April 4, 2012 at: http://www.humansecuritygateway.com/documents/CPV_UsingQuantitativeDatatoAssessConflictRelatedSexualViolenceinColombia.pdf Year: 2011 Country: Colombia URL: http://www.humansecuritygateway.com/documents/CPV_UsingQuantitativeDatatoAssessConflictRelatedSexualViolenceinColombia.pdf Shelf Number: 124813 Keywords: Armed ConflictHuman RightsRapeSexual AssaultSexual Violence (Colombia) |
Author: Rao, Sandhya Title: Who Stole the Tarts? Sex Work and Human Rights Summary: The title of this monograph and all the chapter headings are drawn from Lewis Carroll’s Alice’s Adventures in Wonderland. Besides the allusion to tarts, the pejorative term for sex workers, the farcical fantasy of Alice’s adventures in the mythical Wonderland seems an apt reference to the unfamiliarity of the terrain, and Alice’s experiences echo much of our experiences in writing this paper. Coming as we do from decades of work using the human rights framework, it is indeed difficult for us to critique it. But we see the need to revisit this framework and do a reality check as to where it has succeeded and where it has failed. The successes are well documented and therefore we choose to dwell on areas where it has not delivered as promised. We claim that the human rights framework is a necessary but not a sufficient condition to address the problems faced by some populations, in particular the sex workers. We do not claim that it has failed entirely here either. However, there is a need to take into account the issues highlighted in this monograph. In addition the title reflects some of the absurd ways human rights are constructed and applied to sex workers. The attitudes of morality that surround sex work are mirrored in much of the tale. From ground experience, the human rights framework, in the context of sex work seems to be as farcical as the trial in Alice in Wonderland. Human rights, their violations, and lack of access to the universal justice that it purports to offer, and indeed the framework itself, is the focus of this paper. How does it work with sex workers? Through a literature survey and by talking to sex workers in unstructured interviews, this paper critically engages with the dilemma that human rights presents to those in sex work. The paper attempts to inspire a lively discussion on this topic rather than provide answers. Details: Maharashta, India: Sampada Gramin Mahila Sanstha (SANGRAM), 2009. 38p. Source: Internet Resource: Monograph Series 4: Accessed April 4, 2012 at: http://sangram.org/Download/D1.pdf Year: 2009 Country: Asia URL: http://sangram.org/Download/D1.pdf Shelf Number: 124817 Keywords: Human RightsProstitutesProstitutionSex Workers (Asia) |
Author: Babiker, Mohamed Abdelsalam Title: Criminal Justice and Human Rights An agenda for effective human rights protection in Sudan’s new constitution Summary: Sudan is yet again undergoing a constitutional review process following the end of the interim period under the Comprehensive Peace Agreement (CPA). This process takes place against a legacy of human rights violations, which in no small part are due to a failure of the criminal justice system. It is in this context that this Position Paper addresses the critical question of why successive Sudanese Bills of Rights have to date failed to provide adequate protection and ensure the effective exercise of the rights to personal liberty and security, non-discrimination and equality before the law, as well as fair trial guarantees. In other words, why have many constitutions failed to be 'translated' into practice, including by bringing statutory law into conformity with its provisions, institutional reforms and adequate judicial protection? The Paper focuses on the substance of the Bill of Rights from a criminal justice perspective and its implementation. It develops a set of proposals aimed at addressing substantive shortcomings of the provisions related to criminal justice contained in the Bill of Rights of Sudan’s Interim National Constitution 2005 (INC). In addition, it identifies the mechanisms that need to be put in place to ensure effective implementation of the Bill of Rights. In this respect, it examines both substantive provisions and the effectiveness of the bodies and CPA commissions tasked under the INC to protect and promote human rights (i.e. Human Rights Commission, National Commission for the Review of the Constitution (NCRC), and the National Judicial Service Commission). Details: London: REDRESS and the Sudan Human Rights Monitor, 2012. 21p. Source: Internet Resource: Accessed April 5, 2012 at: http://www.pclrs.org/downloads/1203%20Sudan%20Criminal%20Justice%20and%20Human%20Rights.pdf Year: 2012 Country: Sudan URL: http://www.pclrs.org/downloads/1203%20Sudan%20Criminal%20Justice%20and%20Human%20Rights.pdf Shelf Number: 124821 Keywords: Criminal Justice Reform (Sudan)Criminal LawHuman Rights |
Author: Amnesty International Title: Rape and Sexual Violence: Human Rights Law and Standards in the International Criminal Court Summary: This document identifies how the crimes of rape and sexual violence must, as a requirement of its own statute and a matter of international human rights law, be interpreted and applied with equality between men and women by the International Criminal Court (the Court). The Court has yet to rule on this matter in its jurisprudence. Such incorporation of human rights law and standards in the prosecution of rape and sexual violence should be undertaken by other international courts, as well as national courts, in order to discharge states’ duties under treaty and customary law. In order to incorporate human rights law and standards in its practice, the Court’s interpretation of the definition of the crimes should address the behaviour and actions of the perpetrator, and how this affects the victim’s ability to exercise free and genuine choice, that is, to enjoy his or her human right to physical and mental integrity and sexual autonomy, without discrimination. The Court’s deliberation should not just address the victim’s purported ‘consent’ in isolation. Human rights law and standards requires that investigations and prosecutions of the crimes of rape and sexual violence must be undertaken with careful attention given to the task of challenging stereotypes, which tend to undermine women’s equality before the law. The integrity of investigations and prosecutions should not be tainted by stereotypical assumptions, including assumptions about sexual violence towards men and boys, as well as towards women and girls. All references to the term ‘consent’ within the Elements of Crimes must be interpreted consistently with a fuller, more accurate and human-rights based understanding of the word consent – that a consensual decision is a decision made without force, threat of force, coercion, or taking advantage of a coercive environment. Where evidence of force, threat of force or coercion is present, there should absolutely be no additional element of law of consent for the prosecution to prove. Acts of rape which are committed in the jurisdiction of the Court can be identified as war crimes and crimes against humanity of rape and torture. The requirement in human rights law to eradicate stereotypes requires all acts of rape within the jurisdiction of the Court to be prosecuted as torture, in order to address stereotypical assumptions that rape, particularly rape of women and girls, is not a serious crime, and to acknowledge and make clear the perpetrators’ use of rape and sexual violence to intimidate, discriminate and humiliate victims. Details: London: Amnesty International, 2011. 47p. Source: Internet Resource: Accessed April 15, 2012 at http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Year: 2011 Country: International URL: http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Shelf Number: 124947 Keywords: Human RightsInternational Criminal CourtsLegislationRapeSexual Assault |
Author: Allen, Scott Title: Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality Summary: Following the enactment of the 2006 Military Commissions Act, PHR united the legal expertise of Human Rights First with PHR’s medical expertise to issue the report Leave No Marks in August 2007, demonstrating that ten "enhanced" interrogation methods purportedly used by the CIA amounted to war crimes. The report demonstrated that interrogation techniques are likely to cause severe or serious physical and mental harm to detainees, and that the authorization of these techniques, whether practiced alone or in combination, may constitute torture and/or cruel and inhuman treatment, and may place interrogators at serious legal risk of prosecution for war crimes and other violations. Details: Physicians for Human Rights, 2007. 57p. Source: Internet Resource: Accessed April 15, 2012 at https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf Year: 2007 Country: International URL: https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf Shelf Number: 124971 Keywords: CriminalityHuman RightsInterrogationTorture |
Author: Saferworld Title: People's Peacekeeping Perspectives: South Sudan Summary: Challenges of inter-communal violence and militia mobilsation are a recureant problem in South Sudan and are miring the early optimism about the new country's prospects. Escalating problems between Juba and Khartoum have added to a growing sense of uncertainty, and stand to take away crucial revenues from South Sudan at a time when development and security priorities cannot go under-resources. The fact that Jonglei State yet again witnessed hundreds of deaths over the past few months, as well as the abduction of women and children and the theft of thousands of cattle, raises troubling questions for the Government of South Sudan (GoSS); as it does for international actors who have supported and continue to support the prevention of violence in conflict-affected states. And beyond Jonglei, many communities have yet to transition from a state of conflict and continue to suffer insecurity and poverty. Details: London: Saferworld, 2012. 6p. Source: People's Peacemaking Perspectives: Internet Resource: Accessed April 15, 2012 at http://www.humansecuritygateway.com/documents/CR_PeoplesPeacemakingPerspectives_SouthSudan.pdf Year: 2012 Country: Sudan URL: http://www.humansecuritygateway.com/documents/CR_PeoplesPeacemakingPerspectives_SouthSudan.pdf Shelf Number: 124978 Keywords: Armed Conflict (South Sudan)Human RightsMilitias (South Sudan)Security |
Author: Chemonics International Inc. Title: Literature Review: Trafficking in Post-Conflict Situations Summary: The review, conducted in 2004 and updated in July 2006, found a great deal of work on the subject of conflict and its effects on women, children, and gender-based violence; the gender aspects of peacekeeping; and human trafficking in countries that once were in conflict. However, very few of these works deal directly with the issues of conflict, human trafficking, and their interrelationships; even fewer works contain in-depth descriptions and analyses of conditions present in conflict and post-conflict situations, which particularly contribute to the emergence of human trafficking in post-conflict and neighboring countries. The exception is the growing body of work on child soldiers and women associated with the fighting forces (WAFF), recent works on human trafficking in women and girls for sexual exploitation in and around areas with peacekeeping missions, and the evolving links between post-conflict trafficking in persons and organized crime. From the literature review, most trafficking in post-conflict countries follows predictable patterns based on the country’s placement on the conflict spectrum. Immediately before and during conflict, human trafficking is primarily related to the recruitment and use of child soldiers1 and WAFF.2 At this stage, there is also human trafficking of refugees and displaced persons, especially for sexual exploitation or labor. Immediately following conflict, most child soldiers and WAFF victims are released and try to reintegrate back into civilian society—usually through a disarmament, demobilization, and reintegration (DDR) program. With the influx of large numbers of peacekeepers, human trafficking shifts toward prostitution of women and girls. In the post-conflict period, the lack of law and order and the large numbers of vulnerable and destitute populations, especially female refugees, internally displaced populations (IDPs), separated children, and war widows, contribute toward the country becoming a source and a transit point for human trafficking for sexual exploitation or forced labor. In this post-conflict climate, women and girls suffer disproportionately from lack of access to resources and education, thereby heightening their vulnerability to various forms of exploitation and human trafficking. In search of opportunities to improve their social, economic, and political situations in more developed cities or countries, yet lacking comprehensive information or access to legitimate migration programs, many of these persons fall victim to human traffickers. This phenomenon occurs not only in the immediate post-conflict period, but often well after the conflict has subsided. In some areas, such as the former Soviet Union and the Balkans, literature links post-conflict trafficking with organized and transnational crime. A few of the reviewed works also examine the role wealthier countries play as sources of demand and destination of trafficked persons. The literature review also revealed geographic patterns and trafficking trends. The work on child soldiers and WAFF is overwhelmingly related to the large number of continuing conflicts in Africa. The work on human trafficking and the presence of large numbers of peacekeepers tends to focus on the problems in the former Yugoslavia; however, more recent attention has turned toward trafficking for sexual exploitation in areas such as East Timor, Ethiopia and Eritrea, Afghanistan, and Iraq. The work on post-conflict trafficking is much broader- covering the former Soviet Union, Balkans, Africa, Southern Asia, South America and other areas of the world. Another emerging pattern is the heightened risk faced by displaced children and women before, during and after conflict. These risks include significant impediments and limited resources dedicated to poverty-alleviation and education programs, human rights awareness, rehabilitation and reintegration of victims within their home communities, as well as critical individual and public health risks from rising prevalence of HIV/AIDS and other related health complications. Among the most vulnerable populations are street children, IDPs and refugees. Yet, due to a lack of comprehensive data, population tracking, awareness-raising, multi-disciplinary examination of inter-related phenomena related to such persons in conflict and post-conflict situations, reliable information on their numbers, prevention and protection services and reliable indicators for measuring interventions for such victims are lacking. Details: Washington, DC: United States Agency for International Development, 2006. 117p. Source: Internet Resource: Accessed April 18, 2012 at: http://www.usaid.gov/our_work/democracy_and_governance/technical_areas/trafficking/pubs/Trafficking_Conflict_July2006.pdf Year: 2006 Country: International URL: http://www.usaid.gov/our_work/democracy_and_governance/technical_areas/trafficking/pubs/Trafficking_Conflict_July2006.pdf Shelf Number: 125019 Keywords: Child SoldiersChild TraffickingHuman RightsHuman Trafficking |
Author: Morrison & Foerster, DLA Piper, Latham & Watkins and Reed Smith for MADRE Title: Achieving Justice for Victims of Rape and Advancing Women's Rights: A Comparative Study of Legal Reform Summary: The aftermath of the catastrophic earthquake in Haiti in January 2010 saw a dramatic increase in sexual violence and gave fresh impetus to long standing calls for rape law reform. International women's rights organisation MADRE requested this research to support the subsequent reform of rape legislation. The report reviews rape legislation and procedures in Brazil, Canada, France, South Africa, Sweden and the United States and supplies concrete examples of laws and policies that implement women's human rights. It includes models for statutes, protocols for victim services, and guides to police and prosecutorial procedures which respect the experiences of victims and advance gender justice. Morrison & Foerster led and coordinated this research, working with DLA Piper, Latham & Watkins and Reed Smith. Aside from the Haitian context, the research undertaken should be equally useful for the development of gender-based violence laws all over the world. Details: London: Thomson Reuters Foundation, 2011. 52p. Source: Internet Resource: Accessed April 26, 2012 at: http://www.trust.org/documents/connect/Madrev16-1final.pdf Year: 2011 Country: International URL: http://www.trust.org/documents/connect/Madrev16-1final.pdf Shelf Number: 125066 Keywords: Human RightsRapeSexual ViolenceViolence Against Women |
Author: Kabeer, Naila Title: "Footloose" Female Labour: Transnational Migration, Social Protection and Citizenship in the Asia Region Summary: This paper reviews the literature on female labour migrations flows within the Asia region from a gender perspective in order to gain a better understanding of their patterns, causes and consequences as well as their implications for current concerns with social protection and citizenship. The rationale for a gender perspective stems for evidence that women migrate for different reasons than men, they migrate along different routes and the consequences of their migration are also often different. Female migration therefore poses a particular kind of challenge for social protection and for the citizenship status of migrants. In addition, from a more analytical perspective, the study of gender-differentiated movements of the population are important for the mirror they hold up to the different ways in which gender inequalities in the division of labour are incorporated into the broader and spatially uneven processes of development in an era of globalization. Details: Ottawa: International Development Research Centre, 2007. 69p. Source: Internet Resource: IDRC Working Papers on Women’s Rights and Citizenship: Accessed May 4, 2012 at: http://www.idrc.ca/EN/Resources/Publications/Pages/ArticleDetails.aspx?PublicationID=455 Year: 2007 Country: Asia URL: http://www.idrc.ca/EN/Resources/Publications/Pages/ArticleDetails.aspx?PublicationID=455 Shelf Number: 125154 Keywords: Female Immigrants (Asia)Human RightsHuman TraffickingImmigration |
Author: Jimenez, Maria Title: Humanitarian Crisis: Migrant Deaths at the U.S. – Mexico Border Summary: TAmerican Civil Liberties Union of San Diego and Imperial Counties (ACLU) and Mexico’s National Commission of Human Rights have been resolute in the protection and defense of the fundamental human rights of international migrants. Of all entitlements, the right to life is perhaps the most important. It is essential to the exercise of every other basic freedom and civil liberty. Under international law, the right to life has to be guaranteed at all times and under all circumstances. This right is violated not only when a life is deprived due to the arbitrary actions of a State, but also when actions are not taken to protect life. In enacting border and immigration policies, nations have the sovereign prerogative to protect their territorial integrity and defend their citizenry. That power, however, is restricted and constrained by international obligations to respect fundamental human rights. Unfortunately, these restraints have not precluded the U.S. government from deploying deadly border enforcement policies and practices that, by design and by default, lead to at least one death every day of a migrant crossing the border. This report is the sounding of an alarm for a humanitarian crisis that has led to the death of more than 5,000 human beings. It is part of a larger effort of human rights organizations throughout the border region to call attention to the most significant, ongoing violations of human rights occurring today. The report analyzes border security policies and practices that have contributed to the suffering and death of unauthorized border crossers. It reviews the impact of migrant fatalities and injuries to individuals, families and communities. It examines government and civil society responses to preserve and protect human life moving through hostile terrain and severe climates. It explores relevant international human rights laws and principles. Finally, the report offers recommendations to end this humanitarian crisis. Details: San Diego: American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights, 2009. 76p. Source: Internet Resource: Accessed May 10, 2012 at: http://www.aclu.org/files/pdfs/immigrants/humanitariancrisisreport.pdf Year: 2009 Country: United States URL: http://www.aclu.org/files/pdfs/immigrants/humanitariancrisisreport.pdf Shelf Number: 125239 Keywords: Border SecurityHuman RightsIllegal AliensIllegal ImmigrantsImmigration PoliciesMigrant Deaths |
Author: Pavic, Sonja Title: Upcoming Events Latest IHRP News • IHRP clinic student, Sylvie McCallum-Rougerie, reports back from Kenya • Canada’s management of prisoners with serious mental health issues viola Summary: Keeping detainees in prison for long periods without trial is in violation of the Uganda Constitution and international human rights law, finds Avocats Sans Frontières (ASF) and the IHRP at the University of Toronto in a joint report released today. The report entitled “Presumed Innocent, Behind Bars: The Problem of Lengthy Pre-trial Detention in Uganda” is based on analysis of the situation in eight Ugandan prisons and calls on the Ugandan government to take urgent action to address this major problem in the justice system. Details: Brussels: Avocats Sans Frontières asbl; Kampala, Uganda: Avocats Sans Frontières in Uganda, 2011. 66p. Source: Internet Resource: Accessed May 17, 2012 at: http://www.utorontoihrp.com/index.php/resources/working-group-reports/cat_view/10-working-group-and-clinic-reports/31-presumed-innocent-behind-bars-the-problem-of-pre-trial-detention-in-uganda- Year: 2011 Country: Uganda URL: http://www.utorontoihrp.com/index.php/resources/working-group-reports/cat_view/10-working-group-and-clinic-reports/31-presumed-innocent-behind-bars-the-problem-of-pre-trial-detention-in-uganda- Shelf Number: 125350 Keywords: Human RightsPretrial Detention (Uganda)Prisoners |
Author: Gibbons, Cara Title: Corruption, Impunity, Silence: The WAR on Mexico’s Journalists Summary: Sixty-six Mexican journalists have been killed since 20001, at least 34 since President Calderón launched a “war on drugs” after taking office at the end of 2006. During that time, the government’s highly militarized campaigns, particularly in the northern border states, have created staggering levels of violence and an atmosphere in which working journalists face constant threats and vicious, often lethal, attacks. Few of these crimes are investigated properly, much less prosecuted, despite successive administrations’ promises to end the country’s shameful record of impunity. Instead, the government has beguiled international observers and its own citizens with meretricious reforms that do little to halt a grave and worsening human rights crisis. In these extraordinary circumstances, Mexico’s journalists have also contended with laws that limit freedom of expression and muzzle their attempts to expose corruption at both local and state levels. Consequently, accurate reporting on the drug war has become all but impossible. Yet, faced with this crisis, the Mexican government has dithered over reforms that could protect reporters, while prosecuting citizen journalists who run afoul of the country’s labyrinthine communications legislation. This report examines why Mexico has failed to confront the sources of its internal corruption. It also looks at the state’s failure to defend Mexico’s journalists from the extreme violence they face at the hands of drug trafficking organizations and corrupt state agents who carry out the most brazen assaults on free and open communication with almost complete impunity. It finds that Mexico is breaching its binding international human rights obligations, including the right to life and the right to freedom of expression. Details: Toronto: PEN Canada; Toronto: International Himan Rights Program, University of Toronto, Faculty of Law, 2011. 54p. Source: Internet Resource: Accessed May 17, 2012 at: http://www.utorontoihrp.com/index.php/resources/working-group-reports/cat_view/10-working-group-and-clinic-reports/28-corruption-impunity-silence-the-war-on-mexicos-journalists Year: 2011 Country: Mexico URL: http://www.utorontoihrp.com/index.php/resources/working-group-reports/cat_view/10-working-group-and-clinic-reports/28-corruption-impunity-silence-the-war-on-mexicos-journalists Shelf Number: 125341 Keywords: CorruptionDrug ViolenceHomicidesHuman RightsJournalists (Mexico)Media |
Author: Just Associates Title: From Survisors to Defenders: Women Confronting Violence in Mexico, Honduras and Guatemala Summary: Targeted killing of women—including women human rights defenders—has risen alarmingly in recent years in Mexico, Honduras and Guatemala, reaching crisis proportions, says a new report. In January 2012, the Nobel Women’s Initiative and JASS (Just Associates) organized a 12-day fact-finding mission to these countries led by Nobel Peace Prize Laureates Jody Williams and Rigoberta Menchu Tum to review the situation of violence against women. The delegation met with grassroots and national women’s organizations working to end violence against women and their communities and learn about the strategies these women are using to end the violence. The report from this fact-finding delegation documents numerous cases of violence against women and women activists – including disappearances, murder and rape- and examines the efforts of women to address the increased violence, and how militarization and security policies are contributing to the increased violence. The report includes specific recommendations for the governments of Mexico, Honduras, Guatemala, Canada and the United States. These findings and conclusions are based on the testimonies and meetings with more than 200 women and government officials from Mexico, Honduras and Guatemala. Details: Just Associates, 2012. 48p. Source: Internet Resource: Accessed July 5, 2012 at: http://www.justassociates.org/documents/mesoamerica/Women-Confronting-Violence-Delegation-Report-2012.pdf Year: 2012 Country: Central America URL: http://www.justassociates.org/documents/mesoamerica/Women-Confronting-Violence-Delegation-Report-2012.pdf Shelf Number: 125480 Keywords: HomicidesHuman RightsRapeViolence Against Women (Mexico, Honduras, Guatemal |
Author: Solvang, Ole Title: Torture Archipelago: Arbitrary Arrests, Torture and Enforced Disappearances in Syria’s Underground Prisons since March 2011 Summary: Since the beginning of anti-government protests in March 2011, Syrian authorities have subjected tens of thousands of people to arbitrary arrests, unlawful detentions, enforced disappearances, ill-treatment and torture using an extensive network of detention facilities, an archipelago of torture centers, scattered throughout Syria. Based on more than 200 interviews with former detainees, including women and children, and defectors from the Syrian military, intelligence and security agencies, Torture Archipelago: Arbitrary Arrests, Torture and Enforced Disappearances in Syria’s Underground Prisons since March 2011 focuses on 28 of these detention facilities. For each facility, most of them with cells and torture chambers and one or several underground floors, we provide the location, identify the agencies responsible for operating them, document the type of ill-treatment and torture used, and name, to the extent possible, the individuals running them. The facilities included in this report are those for which multiple witnesses have indicated the same location and provided detailed descriptions about the use of torture. The actual number of such facilities is likely much higher. The systematic patterns of ill-treatment and torture documented in this report clearly point to a state policy of torture and ill-treatment and therefore constitute a crime against humanity. The United Nations Security Council should refer the situation in Syria to the International Criminal Court, adopt targeted sanctions on officials credibly implicated in abuses, and demand that Syria grant recognized international detention monitors access to all detention facilties, including those mentioned in this report. Details: London: Human Rights Watch, 2012. 84p. Source: Internet Resource: Accessed July 7, 2012 at: http://www.hrw.org/sites/default/files/reports/syria0712webwcover.pdf Year: 2012 Country: Syria URL: http://www.hrw.org/sites/default/files/reports/syria0712webwcover.pdf Shelf Number: 125502 Keywords: Detention FacilitiesHuman RightsPrisonersPrisonsTorture (Syria) |
Author: Ashamu, Elizabeth Title: “Prison Is Not For Me”: Arbitrary Detention in South Sudan Summary: While ensuring accountability for crimes is a critical aspect of establishing the rule of law, arbitrary detention is rife in South Sudan, with individuals who should not have been detained at all spending months or even years in one of the country’s approximately 79 prisons. There are people in prison detained simply to compel the appearance of a relative or friend; because they were said to show evidence of mental disability; or because they are unable to pay a debt, court fine, or compensation award. Many are serving prison terms for adultery or for customary law crimes such as “elopement” or “pregnancy,” which place undue restrictions on the rights to privacy and to marry a spouse of one’s choice. Legal aid is almost totally absent, leaving individuals charged with crimes—the vast majority of whom are illiterate—unable to follow the status of their case or to call and prepare witnesses in their defense. In “Prison Is Not For Me” Arbitrary Detention in South Sudan, Human Rights Watch documents how, because of weaknesses across the criminal justice system, many of the approximately 6,000 individuals in South Sudan’s prisons are deprived of their liberty arbitrarily and should not be living behind bars. It also describes the grim conditions in which they live—overcrowded and unsanitary, and without adequate health care or food. In the face of severe underdevelopment and myriad long-term challenges, South Sudan’s leaders have voiced their commitment to uphold human rights. The government should urgently work to reduce arbitrary detentions by enacting legal and policy reforms that limit remand detention and end imprisonment for adultery and for non-payment of debts. It should also find a way to guarantee the right to legal aid, to ensure rule of law actors are sufficiently trained, and to provide proper care for people with mental disabilities outside of prison. Details: New York: Human Rights Watch, 2012. 105p. Source: Internet Resource: Accessed July 10, 2012 at: http://www.hrw.org/sites/default/files/reports/southsudan0612_forinsert4Upload.pdf Year: 2012 Country: Sudan URL: http://www.hrw.org/sites/default/files/reports/southsudan0612_forinsert4Upload.pdf Shelf Number: 125534 Keywords: Arbitary DetentionHuman RightsInmatesPrisoners (South Sudan)Prisons |
Author: Dogru, Osman Title: "Mills that Grind Defendants": Criminal Justice System in Turkey from a Human Rights Perspective Summary: "Mills that Grind Defendants: Criminal Justice System in Turkey from a Human Rights Perspective”, authored by Osman Doğru delves into the problematic aspects of the criminal justice system in Turkey with a comparative approach through European Human Rights Convention’s legal framework and implementations. The report focuses on the following problematic aspects of the defendants’ rights in Turkey: detentions without indictments; prolonged pre-trial detentions and lengthy trials; prevention of defendants’ access to legal counsel and the issuance of indictments based on unlawfully obtained evidences. In addition, Osman Doğru’s report critically evaluates the treatment of this issue in the Judicial Reform Strategy, produced by the Ministry of Justice and puts forth specific policy recommendations. Details: Istanbul: TESEV (Turkish Economic and Social Studies Foundation) Publications, 2012. 34p. Source: Internet Resource: Accessed July 18, 2012 at: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?lng=en&id=142277 Year: 2012 Country: Turkey URL: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?lng=en&id=142277 Shelf Number: 125664 Keywords: Criminal Justice Systems (Turkey)DefendantsHuman RightsJudicial ReformTrials |
Author: Barykbayeva, Indira Title: The abolition of the death penalty and its alternative sanction in Central Asia: Kazakhstan, Kyrgyzstan and Tajikistan Summary: The death penalty is the ultimate cruel, inhuman and degrading punishment. It represents an unacceptable denial of human dignity and integrity. It is irrevocable, and where criminal justice systems are open to error or discrimination, the death penalty will inevitably be inflicted on the innocent. In many countries that retain the death penalty there is a wide scope of application which does not meet the minimum safeguards, and prisoners on death row are often detained in conditions which cause physical and/or mental suffering. The challenges within the criminal justice system do not end with the institution of a moratorium or with abolition of the death penalty, as the problem of what to do with the most serious offenders remain. Many countries that institute moratoria do not create humane conditions for prisoners held indefinitely on ‘death row’, or substitute alternative sanctions that amount to torture or cruel, inhuman or degrading punishment, such as life imprisonment without the possibility of parole, solitary confinement for long and indeterminate periods of time, and inadequate basic physical or medical provisions. Punitive conditions of detention and less favourable treatment are prevalent for reprieved death row prisoners. Such practices fall outside international minimum standards, including those established under the EU Guidelines on the Death Penalty. This research paper focuses on the application of the death penalty and life imprisonment as an alternative to it across the Central Asia region. Its aim is to provide up to date information about the laws and practices relating to the application of the death penalty in Kazakhstan, Kyrgyzstan and Tajikistan. It includes an analysis of the alternative sanctions to the death penalty, and whether they reflect international human rights standards and norms. This paper takes a country-by-country approach and focuses on: DD The legal framework of the death penalty and its alternative sanction (life imprisonment). DD Implementation of the sentence, including an analysis of fair trial standards. DD Application of the sentence, including an analysis of the method of execution, the prison regime and conditions of imprisonment. DD Statistical information on the application of the death penalty/life imprisonment. DD Criminal justice reform processes in each country. DD Abolition movement in each country. This paper provides detailed and practical recommendations tailored to each country to bring it in line with international human rights standards and norms. Details: London: Penal Reform International, 2012. 65p. Source: Internet Resource: Accessed August 17, 2012 at: http://www.penalreform.org/files/Central%20Asia%20research%20report%20on%20death%20penalty%20and%20life%20imprisonment_ENGLISH.pdf Year: 2012 Country: Asia URL: http://www.penalreform.org/files/Central%20Asia%20research%20report%20on%20death%20penalty%20and%20life%20imprisonment_ENGLISH.pdf Shelf Number: 126063 Keywords: Capital PunishmentDeath Penalty (Central Asia)Human RightsLife Imprisonment |
Author: Dahlgren, Stephan Title: The Protection of Children from Illicit Drugs - A Minimum Human Rights Standard. A Child-Centered vs. a User-Centered Drug Policy Summary: This report is a legal analysis of how human rights should be respected in the field of drug policy. The authors have reviewed international law governing both drug policy and human rights. They also examined statements from 20 international organizations and five UN agencies, which are active in this field. The main finding of the report is that Article 33 of the UN Convention on the Rights of the Child (often referred to as CRC) is the only one of the nine conventions governing human rights dealing with illicit drugs. There can be no mistaking of the meaning and intention of what CRC Article 33 aims to. It reads: "States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties and to prevent the use of children in the illicit production and trafficking of such substances." Thus, it is an obligation of every country that has ratified CRC to protect and sustain children's human rights to ensure a drug-free childhood. (Children are defined as persons under 18.) CRC is the most widely ratified of all conventions related to human rights. CRC Article 33 must always be the basis for any discussion of drug policy and human rights, internationally as well as nationally. Details: Sweden: Fri Förlag, 2012. 131p. Source: Internet Resource: Accessed September 10, 2012 at: http://wfad.se/images/articles/Protectionfromdrugs2012.pdf Year: 2012 Country: International URL: http://wfad.se/images/articles/Protectionfromdrugs2012.pdf Shelf Number: 126292 Keywords: Child Protection, Drug AbuseDrug Abuse PreventionDrug Addiction and AbuseDrug PolicyHuman Rights |
Author: Amnesty International Title: Chad: ‘We Are All Dying Here’: Human Rights Violations in Prisons Summary: Prison conditions in Chad are so deplorable that they amount to cruel, inhuman and degrading treatment or punishment. Cells are severely overcrowded, and food and drinking water are inadequate and sometimes not available. prisoners are dependent on family and friends to supplement their diet and provide other necessities, which means that those with no such support, or held in a prison far from their home, go without. Children including young girls are detained together with adults. Most prisoners are held in pre-trial detention, some for years. Health care and medical services do not exist in the majority of prisons in Chad. Amnesty International delegates found that in several prisons they visited, many prisoners required medical care and were suffering from skin diseases and rashes, for which no treatment was provided. Those suffering from serious transmissible diseases such as tuberculosis, or sexually transmitted infections and hiv, are particularly at risk. Riots due to the appalling conditions are common and have resulted in prisoners being shot dead by guards. Resources allocated to the prisons are limited and undermined by bribery and corruption. This report is based on prison visits, interviews and other research carried out by Amnesty International in November 2011 and March 2012. It documents the conditions in Chad’s prisons and exposes human rights violations committed inside them. The report calls on the government, with the assistance of the international community where necessary, to put in place urgent measures to reform the prison system. Details: London: Amnesty International, 2012. Source: Internet Resource: Accessed September 12, 2012 at: https://www.amnesty.org/fr/library/asset/AFR20/007/2012/fr/de5e6bea-5e6d-4455-ad82-6ae6d08e6ab4/afr200072012en.pdf Year: 2012 Country: Chad URL: https://www.amnesty.org/fr/library/asset/AFR20/007/2012/fr/de5e6bea-5e6d-4455-ad82-6ae6d08e6ab4/afr200072012en.pdf Shelf Number: 126301 Keywords: Human RightsPrisonersPrisons (Chad) |
Author: Barry, Colette Title: Death in Irish Prisons: An Examination of the Causes of Deaths and the Compliance of Investigations with the European Convention on Human Rights Summary: Death is a tragic and unfortunately unavoidable aspect of life in a prison. The death of a prisoner raises significant questions in relation to the conditions of confinement and the conduct of the prison authorities. Robust investigations into these deaths can enhance accountability by shedding light on deficits in both institutional and systemic practices, as well as providing families of the deceased with a sense of closure. In Ireland, the investigative responses to prison deaths are neither robust, nor do they allow for significant scrutiny of the circumstances surrounding the death. The causes of deaths in custody and the compatibility of the ensuing investigations with international standards have not been subjected to empirical analysis in this jurisdiction. The current study attempts to address this. Using data collected from coronial inquest files in the Dublin City Coroner’s district, the causes of prisoners’ deaths were subjected to a rigorous thematic analysis. The efficacy of the inquest process and its compliance with Article 2 of the European Convention on Human Rights were also examined. This study exposes a myriad of issues relating to both the causes of deaths and the resulting investigations. The findings highlight issues such as appropriate drug treatment strategies, deficits in medical practices, and the poor provision for family participation at the inquest proceedings. Most importantly, the research findings show that prisoners’ deaths are caused by a variety of factors, and as such there can be no ‘one size fits all’ approach to the problems. Details: Dublin: Dublin Institute of Technology, 2011. 60p. Source: Internet Resource: Masters Dissertation: Accessed September 17, 2012 at: http://arrow.dit.ie/cgi/viewcontent.cgi?article=1026&context=aaschssldis Year: 2011 Country: Ireland URL: http://arrow.dit.ie/cgi/viewcontent.cgi?article=1026&context=aaschssldis Shelf Number: 126357 Keywords: Deaths in CustodyHuman RightsPrison ConditionsPrisons (Ireland) |
Author: Gilman, Denise Title: Realizing Liberty: The Use of International Human Rights Law to Realign Immigration Detention in the United States Summary: This article takes a comprehensive look at the extensive U.S. immigration detention system from a human rights perspective. The article represents a first effort to synthesize and present recently-developed international human rights standards and apply those rules to the U.S. immigration detention system. It engages in an in-depth analysis to identify the changes necessary to realign U.S. law and scale back immigration detention in accord with international human rights law. The article proposes that U.S. courts should effect those changes through the interpretation of constitutional and statutory provisions in light of the international human rights law standards. This use of the human rights standards is appropriate, because the standards represent binding obligations for the United States as a matter of international law and closely track U.S. constitutional law principles relating to civil detention in contexts less contentious than immigration. The article demonstrates how the application of international human rights law standards can bring rationality and humanity to U.S. immigration detention by revitalizing the right to liberty, which constitutes a core conception in both international human rights law and U.S. constitutional law. Details: Austin, TX: University of Texas School of Law, 2012. 72p. Source: Internet Resource: Accessed September 25, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144812 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144812 Shelf Number: 126451 Keywords: Human RightsIllegal AliensIllegal ImmigrantsImmigrant DetentionImmigration (U.S.) |
Author: Northern Ireland. Committee on the Administration of Justice Title: Prisons and Prisoners in Northern Ireland -- Putting Human Rights at the Heart of Prison Reform Summary: A great deal has been written and said over the past number of years in relation to the Northern Ireland Prison Service (NIPS). Hundreds of recommendations for change have been made, and although many of them have been taken on board, there exists a mass of unimplemented recommendations. The nature of the proposals made by the Northern Ireland Human Rights Commission, the Northern Ireland Affairs Committee, the Prisoner Ombudsman for Northern Ireland, Criminal Justice Inspection and others, imply that considerable deficiencies remain unaddressed. CAJ believes that the approach to improving the prison system as a whole has been both insufficient and piecemeal, and what is needed is a comprehensive and systemic review. Having considered some 40+ reports and reviews relating to prisons in Northern Ireland written since 2002, what is most startling is the repetition of themes and issues which have significant human rights implications and which remain insufficiently addressed. The report therefore groups together into broad themes the recommendations which have been made over the past number of years by numerous review and inspection reports in order to help identify the overall issues which remain unsatisfactorily addressed, and facilitate a human rights analysis upon which a review could be premised. The same concerns in relation to a number of themes have frequently been raised in 7 or more of the 40 review/inspection reports referred to in this report, thus demonstrating that many recommendations to the prison service are not effectively, efficiently or consistently acted upon. It seems clear that the prison system in Northern Ireland is in a state of crisis – the number of reports and recommendations and the frequency with which recommendations are repeated alone are evidence of this. What has happened repeatedly in the prison system over the years has been that that each ‘crisis’ is treated with a plaster, without ever dealing with the root causes of the problem. The focus and response by the prison service to these issues - which dwells on the numbers of recommendations and the development of paper-exercise policies and action plans, fails to recognise and address the bigger problems underlying the recommendations themselves. The problems identified are not simply operational matters that can be addressed by an action plan; rather what is required is a focus on the issues and problems behind the recommendations. In short, what is needed is widespread cultural and systemic change. Details: Belfast: Committee on the Administration of Justice, 2010. 60p. Source: Internet Resource: Accessed September 27, 2012 at: http://www.caj.org.uk/files/2011/01/17/prisons_report_web2.pdf Year: 2010 Country: United Kingdom URL: http://www.caj.org.uk/files/2011/01/17/prisons_report_web2.pdf Shelf Number: 126475 Keywords: Correctional InstitutionsHuman RightsPrison ReformPrisons (Northern Ireland) |
Author: RATS-W Team Title: Hit and Run: Sex Worker’s Research on Anti trafficking in Thailand Summary: Sex workers in Thailand must be one of the most researched groups in the world. For decades individuals and groups have made their way to Empower to complete a PhD, make a documentary, write an article, or fulfil their grant terms. We have lots of experience with research. For the past ten years sex workers in Thailand have had our human rights violated under the guise of implementing anti-trafficking law and policy. We have experienced an onslaught of slander vilifying our entire industry; violent police raids on our workplaces, arbitrary detention, forced rehabilitation in government shelters and deportation. We have continually advocated for reform and human rights protections especially for migrant sex workers. Despite these efforts our industry is still over represented in anti-trafficking raids and misrepresented as inherently violent, exploitative and an equivalent to human trafficking. People still do not know about or understand how current antitrafficking practices are not only abusing the rights of individuals, but are a huge barrier to our efforts to further reduce exploitation in our industry. In 2010 Empower decided to undertake a nation-wide community research project to identify and document the impact of the current Thai anti-trafficking law, policy and practice, on sex workers in Thailand, and to develop relevant and achievable solutions. Our secondary aims were to strengthen knowledge and awareness amongst our community about our legal and human rights; and to build our skills to design, carry out and collate research for use in our human rights advocacy. Our research did not set out to measure, prove or disprove the existence of human trafficking within the sex industry in Thailand. There is already a plethora of wildly contradictory reports on the subject. More significantly, as the leading sex worker organization working on the ground for the past 30 years, we already were well aware that human trafficking has been steadily disappearing from the sex industry in Thailand over the last 15 years. Instead we set out to measure the impact of anti trafficking law and practices on the human rights of women who are accused of being trafficked and other women who are not trafficked, but severely affected by anti-trafficking measures. Details: Thailand: Empower Foundation: 2012. 124p. Source: Internet Resource: Accessed September 27, 2012 at: http://www.aidsdatahub.org/dmdocuments/HitandRun_RATSW_Eng_Empower_2012.pdf Year: 2012 Country: Thailand URL: http://www.aidsdatahub.org/dmdocuments/HitandRun_RATSW_Eng_Empower_2012.pdf Shelf Number: 126485 Keywords: Human RightsHuman TraffickingProstitutesProstitutionSex Workers (Thailand) |
Author: Coles, Deborah Title: Learning from Death in Custody Inquests: A New Framework for Action and Accountability Summary: For thirty years INQUEST has monitored inquests into deaths in custody. One of the striking features of this work has been our repeated experience of attending inquest after inquest where the same issues are identified as possibly contributing to the death. A number of factors explain this including: the narrow and restricted remit of the inquest; the prevention of discussion or reference to previous similar deaths; and the lack of an effective mechanism to ensure action is taken on the basis of inquest findings. This feature of our work has contributed to the development of our critical analysis of the investigation of deaths in custody and also to our work to improve the current system. This report aims to be part of that process. While the coronial service can and does make a vital contribution to the prevention of deaths and the conditions of safe custody, that input is at risk of being critically undermined by the failure (1) to recognise the value of properly-collected data; and (2) to monitor compliance with and/or actions based on the findings and reports that emerge from inquests. The essential argument of this report can be expressed in compressed form: the more effective use of narrative verdicts and Coroners Rule 43 reports1 is overwhelmingly likely to assist in the saving of lives. This matter is not simply a technical question, nor one of mere procedure, but rather a matter of foremost importance that goes to the heart of the United Kingdom’s treaty obligations as a signatory to the European Convention on Human Rights (ECHR) to foster, maintain and scrutinise its article 2 ECHR duties in mediating the relationship between the state and the citizen. The critical evaluation and onward dissemination of the combined findings of the inquest – both the verdict and rule 43 report – constitute a powerful tool for harm prevention embedded within the inquest system. This report identifies and explains why this tool has proved largely ineffectual historically. In short, this is because the existing system is flawed. The lessons to be learned from the contents of these verdicts and reports are far too frequently lost: they are analysed poorly or ignored; misunderstood or misconstrued; dissipated or dismissed. Consequently, there is an overwhelming case for the creation of a new mechanism. The indispensable constituent parts of this fresh structure are that there should be a central oversight body tasked with the duty to collate, analyse critically and report publicly on the accumulated learning from coronial narrative verdicts and rule 43 reports. Further, there must be public accountability, accessibility and transparency. The conclusions of this report are based on a critical review of the evolution of the law and practice relating to narrative verdicts and the use by coroners of rule 43 powers in inquests into deaths in prison and in police custody or following police contact and a unique analysis of a sample of narrative verdicts and coroners’ rule 43 reports arising from such inquests. The report presents the data in a range of formats to demonstrate and illustrate the detail included in narrative verdicts and rule 43 reports. The report also documents recent developments and changes in law and practice. Whilst this report does not include the outcomes of inquests into deaths in mental health detention, we think the conclusions and recommendations are equally applicable to these deaths and would be usefully read by those involved in relevant regulation and inspection bodies including the Care Quality Commission. Most deaths in state detention or involving state agents take place within a system of dependency and control. There is a body of statutory and common law authority that recognises the special role of an inquest when someone dies in situations where they are dependent upon or subject to the control of the state. In addition the Human Rights Act 1998 (HRA) obliges the coroner to consider whether the deceased died as a result of the state violating her or his right to life (article 2) and whether the state subjected the deceased to inhuman or degrading treatment (article 3). Deaths in custody represent the extreme end of a continuum of near deaths and injuries and a proactive post-inquest strategy in response to verdicts and reports can not only avert deaths but also risks to custodial health and safety generally. In the past, narrative verdicts and/or rule 43 reports produced by inquests have informed changes to custodial policies and practices. However, such positive developments have been piecemeal and often in spite of rather than because of the current system. This report argues that this vital learning – the accumulated knowledge we as a community have gleaned collectively when contact between the citizen and the state has ended in disaster, death or tragedy – must be put on a more secure footing. We have before us an unmatched opportunity to make changes for the better in this intensely sensitive and important area. We urge that the opportunity is not squandered. Details: London: INQUEST, 2012. 40p. Source: Internet Resource: Accessed October 3, 2012 at: Year: 2012 Country: United Kingdom URL: Shelf Number: 126546 Keywords: Deaths in Custody (U.K.)Human RightsPrisonersPrisons |
Author: Heartland Alliance National Immigrant Justice Center Title: Invisible in Isolation: The Use of Segregation and Solitary Confinement in Immigration Detention Summary: Immigrants in detention facilities around the United States often are subjected to punitive and long-term solitary confinement and denied meaningful avenues of appeal, according to an investigation by Heartland Alliance's National Immigrant Justice Center (NIJC) and Physicians for Human Rights (PHR). The two human rights groups surveyed conditions in more than a dozen detention centers and county jails that contract with U.S. Immigration and Customs Enforcement (ICE). The result is the first comprehensive examination of the effects of solitary confinement on immigration detainees. While the harm caused by solitary confinement to inmates in prisons and jails has been well documented, Invisible in Isolation: The Use of Segregation and Solitary Confinement in Immigration Detention shows that solitary confinement of immigrants in detention is often arbitrarily applied, inadequately monitored, harmful to their health, and a violation of their due process rights. NIJC and PHR uncovered numerous cases in which detention facilities placed mentally ill immigrants in solitary confinement rather than treating them, or separated sexual minorities against their wishes from the general inmate population. Many immigration detainees in solitary confinement had strict limits placed on such “privileges” as outdoor recreation, reading material, and even access to legal counsel. Overall, investigators found, ICE has failed to hold detention centers and jails accountable for their abusive use of solitary confinement. In the report, NIJC and PHR call on ICE and Congress to end solitary confinement in immigration detention, severely limit other forms of segregation, and implement stricter oversight of the detention system. Details: Chicago: Heartland Alliance National Immigrant Justice Center; Cambridge, MA: Physicians for Human Rights, 2012. 40p. Source: Internet Resource: Accessed october 3, 2012 at: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/Invisible%20in%20Isolation-The%20Use%20of%20Segregation%20and%20Solitary%20Confinement%20in%20Immigration%20Detention.September%202012_5.pdf Year: 2012 Country: United States URL: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/Invisible%20in%20Isolation-The%20Use%20of%20Segregation%20and%20Solitary%20Confinement%20in%20Immigration%20Detention.September%202012_5.pdf Shelf Number: 126547 Keywords: Human RightsIllegal AliensIllegal ImmigrantsImmigrant Detention (U.S.)Solitary Confinement |
Author: Heartland Alliance National Immigrant Justice Center Title: Not Too Late for Reform: A Call for President Obama to Close Failed Immigration Detention Facilities, Halt Costly Privatization & Restore Basic Human Rights Summary: The report details ongoing abuses at county jails holding immigrants in the Midwest and calls on the Obama administration to end the expansion and privatization of the abusive immigration detention system. The report focuses on three county jails — Jefferson County Jail and Tri-County Detention Center in Illinois and Boone County Jail in Kentucky — where the deplorable conditions of confinement are typical of immigration detention facilities across the United States. Details: Chicago: Heartland Alliance’s National Immigrant Justice Center and the Midwest Coalition for Human Rights, 2011. 15p. Source: Internet Resource: Accessed October 3, 2012 at: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/NIJC-MCHR%20Not%20Too%20Late%20for%20Reform%20Report%202011%20FINAL.pdf Year: 2011 Country: United States URL: http://www.immigrantjustice.org/sites/immigrantjustice.org/files/NIJC-MCHR%20Not%20Too%20Late%20for%20Reform%20Report%202011%20FINAL.pdf Shelf Number: 126548 Keywords: Human RightsIllegal AliensIllegal ImmigrantsImmigrant DetentionPrivate Prisons |
Author: Kim, Scarlet Title: Boxed In: The True Cost of Extreme Isolation in New York's Prisons Summary: This report, Boxed In: The True Cost of Extreme Isolation in New York’s Prisons, is the product of an intensive, year-long investigation that involved communication with more than 100 people who have spent significant amounts of time – in one case, more than 20 years – in extreme isolation. The authors interviewed prisoners’ family members and corrections staff, and analyzed thousands of pages of Department of Corrections and Community Supervision (DOCCS) records obtained through the state’s open records laws. The report is accompanied by a website – www.nyclu.org/boxedin– featuring excerpts of prisoners’ letters about life in extreme isolation, a library of DOCCS data and records, statistical analyses and a video featuring the voices of family members whose loved ones have been held in extreme isolation. Over the past 20 years, New York has spent hundreds of millions of dollars to build and operate an extensive network of extreme isolation cells, which DOCCS calls “Special Housing Units” or “SHUs” – and prisoners call “the Box.” New York has nearly 5,000 SHU beds located in 39 prisons across the state, including two dedicated extreme isolation prisons – Upstate and Southport Correctional Facilities – that combined cost about $76 million a year to operate. New York practices a unique brand of “solitary confinement.” About half of the 4,500 prisoners in solitary confinement spend 23 hours a day in an isolation cell completely alone. The other half are confined in an isolation cell the size of a parking spot with another prisoner, a practice that forces two strangers into intimate, constant proximity for weeks, months and even years on end. The NYCLU uses the term “extreme isolation” to capture the practice of subjecting one or two people in a cell to the conditions most commonly understood as solitary confinement. Based on a year of study and analysis, the NYCLU found that: •New York’s use of extreme isolation is arbitrary and unjustified. Extreme isolation is too frequently used as a disciplinary tool of first resort. Corrections officials have enormous discretion to impose extreme isolation. Prisoners can be sent to the SHU for prolonged periods of time for violating a broad range of prison rules, including for minor, non-violent misbehavior. •Extreme isolation harms prisoners and corrections staff. It causes grave emotional and psychological harm even to healthy and mentally stable inmates. For the vulnerable, particularly those suffering from mental illness, extreme isolation can be life-threatening. The formal and informal deprivation of human necessities, including food, exercise and basic hygiene, compounds the emotional and psychological harm. Prisoners in extreme isolation often lack access to adequate medical and mental health care. For corrections staff, working in extreme isolation has lasting negative consequences that affect their lives at work and home. •Extreme isolation negatively impacts prison and community safety. The psychological effects of extreme isolation can fuel unpredictable and sometimes violent outbursts that endanger prisoners and corrections staff. Prisoners carry the effects of extreme isolation into the general prison population. They also carry them home. Nearly 2,000 people in New York are released directly from extreme isolation to the streets each year. While in the SHU, prisoners receive no educational, vocational, rehabilitative or transitional programming, leaving them less prepared to successfully rejoin society. Extreme isolation is different than prisoner separation, which has long been an accepted corrections practice. Corrections officials can separate and remove violent or vulnerable prisoners from the general prison population without subjecting them to the punishing physical and psychological deprivation of extreme isolation – a point of consensus among corrections officials in other states, legal scholars and international human rights bodies. The NYCLU recommends that New York end its dependence on extreme isolation by: 1.adopting stringent criteria, protocols and safeguards for separating violent or vulnerable prisoners, including clear and objective standards to ensure that prisoners are separated only in limited and legitimate circumstances for the briefest period and under the least restrictive conditions practicable; and 2.auditing the current population in extreme isolation to identify people who should not be in the SHU, transitioning them back to the general prison population, and reducing the number of SHU beds accordingly. Details: New York: New York Civil Liberties Union, 2012. 72p. Source: Internet Resource: Accessed October 4, 2012 at: http://www.nyclu.org/files/publications/nyclu_boxedin_FINAL.pdf Year: 2012 Country: United States URL: http://www.nyclu.org/files/publications/nyclu_boxedin_FINAL.pdf Shelf Number: 126553 Keywords: Human RightsPrisonersPrisons (New York State)Solitary Confinement |
Author: Amnesty International Title: Colombia: Hidden from Justice. Impunity for Conflict-Related Sexual Violence, A Follow-Up Report Summary: Conflict-related sexual violence against women and girls in Colombia has long been a largely hidden human rights tragedy. Members of all parties to the conflict – paramilitaries, the security forces and guerrilla groups – have been responsible for these crimes, and almost all have evaded justice. This was the picture painted in Amnesty International’s September 2011 report, “This is what we demand. Justice!”: Impunity for sexual violence against women in Colombia’s armed conflict. Following publication of that report, the authorities in Colombia made a number of commitments to comply with their national and international legal obligations to end all forms of sexual violence, including those committed in the context of the conflict, and to bring those responsible for such crimes to justice. This report details what progress has been made over the past year and what still remains to be done. It ends by calling on the government to intensify its efforts to ensure the rights of women and girls in Colombia to freedom from violence and to justice. amnesty.org Details: London: Amnesty International, 2012. 38p. Source: Internet Resource: Accessed October 5, 2012 at: https://www.amnesty.org/en/library/asset/AMR23/031/2012/en/8779cba6-f18f-4f06-9007-4cb337fcd1bd/amr230312012en.pdf Year: 2012 Country: Colombia URL: https://www.amnesty.org/en/library/asset/AMR23/031/2012/en/8779cba6-f18f-4f06-9007-4cb337fcd1bd/amr230312012en.pdf Shelf Number: 126565 Keywords: Armed ConflictHuman RightsRapeSexual Violence (Colombia)Violence Against Women |
Author: Amnesty International Title: Known Abusers, But Victims Ignored: Torture and Ill-Treatment in Mexico Summary: Reports of torture and ill-treatment have risen sharply in Mexico during the militarized campaign of President Calderon’s administration to combat organized crime. The victims are often criminal suspects or simply people caught up in military and police public security operations. They face beatings, asphyxiation, drowning, electric shocks and death threats at the hands of officials usually with the aim of obtaining information or supposed confessions. Few dare to report their treatment, fearing reprisals and continued illtreatment. Those that do, face almost insurmountable obstacles to prevent information obtained by torture serving as evidence in criminal trials let alone securing justice for the abuses suffered. Impunity for torturers remains the norm encouraging its continued use as a means of investigation and punishment against perceived criminal suspects. The failure to enforce laws and uphold international human rights norms to prevent and punish torture and ill-treatment is routine. Despite the systematic use of torture and ill-treatment by members of the military and police, the government of President Calderon has ignored and dismissed this reality, leaving victims without access to justice. The hope that judicial reforms would end incentives to use torture has not materialized. Training programmes and other measures introduced over the last decade to combat torture and end impunity have failed. Nevertheless, the government refuses to acknowledge this situation, allowing the use of torture and illtreatment to become further ingrained at the same time as making general commitments to protect human rights. Details: London: Amnesty International, 2012. 46p. Source: Internet Resoruce: Accessed October 24, 2012 at: http://www.amnesty.org/en/library/asset/AMR41/063/2012/en/74354a01-4946-4301-b922-8d048782bfef/amr410632012en.pdf Year: 2012 Country: Mexico URL: http://www.amnesty.org/en/library/asset/AMR41/063/2012/en/74354a01-4946-4301-b922-8d048782bfef/amr410632012en.pdf Shelf Number: 126788 Keywords: Human RightsOrganized CrimePolice Use of ForceTorture (Mexico) |
Author: United Nations. General Assembly. Human Rights Council Title: Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Summary: In States in which the death penalty continues to be used, international law imposes stringent requirements that must be met for it not to be regarded as unlawful. In the present report, the Special Rapporteur considers the problem of error and the use of military tribunals in the context of fair trial requirements. He also examines the constraint that the death penalty may be imposed only for the most serious crimes: those involving intentional killing. Lastly, he considers the issues of collaboration and complicity, in addition to transparency in respect of the use of the death penalty. Details: Vienna: United Nations, 2012. 25p. Source: United Nations Report A/67/275: Internet Resource: Accessed November 3, 2012 at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N12/457/80/PDF/N1245780.pdf?OpenElement Year: 2012 Country: International URL: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N12/457/80/PDF/N1245780.pdf?OpenElement Shelf Number: 126861 Keywords: Administration of JusticeCapital PunishmentCriminal Justice ReformDeath PenaltyExtrajudicial ExecutionsHuman Rights |
Author: Amnesty International Title: Nigeria: Trapped in the Cycle of Violence Summary: Since 2009, acts of violence by the Islamist armed group known as Boko Haram have been carried out across northern and central Nigeria with increasing sophistication and deadliness. Nigeria’s security forces have perpetrated serious human rights violations in their response – including enforced disappearance, extrajudicial executions, house burning and unlawful detention. at the same time, the Nigerian government has failed to adequately prevent or investigate the attacks or to bring perpetrators to justice. This cycle of attacks and counter-attacks has been marked by unlawful violence on both sides, with devastating consequences for the human rights of the people trapped in the middle. They live in considerable fear and insecurity, unprotected from attacks by Boko Haram and facing human rights violations at the hands of the very state security forces mandated with their protection. This report presents research gathered by Amnesty International during visits to Nigeria between February and July 2012. it details human rights abuses and violations in northern and central Nigeria and includes testimonies from survivors and victims’ families. The report sets out key recommendations for the Nigerian government to ensure that human rights violations are not perpetrated by its security forces in the name of national security. it urges the government of Nigeria to fulfil its duty to take measures to prevent and protect civilians from attack and to investigate all such crimes, and to bring to justice those responsible. Details: London: Amnesty International, 2012. 88p. Source: Internet Resource: Accessed November 5, 2012 at: http://allafrica.com/view/resource/main/main/id/00050475.html Year: 2012 Country: Nigeria URL: http://allafrica.com/view/resource/main/main/id/00050475.html Shelf Number: 126877 Keywords: Extrajudicial ExecutionsHuman RightsSecurity ForcesViolence ( Nigeria)Violent Crime |
Author: Australian Human Rights Commission Title: Working Without Fear: Results of the 2012 Sexual Harassment National Telephone Survey Summary: The Australian Human Rights Commission (Commission) conducted a national telephone survey between May and August 2012 to investigate the prevalence, nature and reporting of sexual harassment in Australian workplaces over the past five years (2012 National Survey). This report outlines the findings of that survey and compares and contrasts the findings with previous surveys conducted by the Commission in 2003 (2003 National Survey)1 and 2008 (2008 National Survey).2 A number of positive stories have emerged from the 2012 National Survey. For instance, where formal reports and complaints of sexual harassment in the workplace were made, they were resolved quickly (in less than one month) in most cases and with high or extremely high levels of satisfaction amongst the majority of complainants. In addition, a majority of individuals who have witnessed or subsequently learned about sexual harassment in their workplace (ie bystanders) have taken action to prevent or reduce the harm of the harassment. In taking such action, they have helped to ensure safe work environments for themselves and their colleagues. Overall, however, the 2012 National Survey shows that sexual harassment is a persistent and pervasive problem in Australian workplaces. It also shows that limited progress has been made since the Commission conducted its 2008 National Survey. It is particularly concerning that there has been little reduction in the prevalence of sexual harassment since the 2008 National Survey. Although sexual harassment affects a diverse range of individuals across a broad spectrum of occupations, workplaces and industries, the 2012 National Survey shows that targets of sexual harassment are most likely to be women and less than 40 years of age. Consistent with previous surveys, the 2012 National Survey also shows that the harassers are most likely to be male co-workers, though women were at least five times more likely than men to have been harassed by a boss or employer. Men harassing women accounted for more than half (56%) of all sexual harassment, while male harassment of men accounted for nearly a quarter (23%) of sexual harassment. It is also concerning that there has been a significant increase in the number of people who have experienced negative consequences (eg victimisation) as a result of making a formal report or complaint of sexual harassment. Furthermore, understanding and reporting of sexual harassment remain low. Details: Sydney: Australian Human Rights Commission, 2012. 84p. Source: Internet Resource: Accessed November 9, 2012 at: http://www.humanrights.gov.au/sexualharassment/survey/SHSR_2012%20Web%20Version%20Final.pdf Year: 2012 Country: Australia URL: http://www.humanrights.gov.au/sexualharassment/survey/SHSR_2012%20Web%20Version%20Final.pdf Shelf Number: 126912 Keywords: Human RightsSexual Harassment (Australia)Workplace Crime |
Author: Lobasz, Jennifer Kathleen Title: Victims, Villains, and the Virtuous: Constructing the Problems of “Human Trafficking” Summary: Over the past two decades, human trafficking has come to be seen as a growing threat, and transnational advocacy networks opposed to human trafficking have succeeded in establishing trafficking as a pressing political problem. The meaning of human trafficking, however, remains an object of significant—and heated—contestation among transnational actors with opposing perspectives on prostitution, the appropriate balance between law enforcement and human rights protection, and migration. The outcomes of disputes over meaning are highly significant. Anti-trafficking discourses establish regimes of knowledge that set boundaries for how scholars, activists, legislators, and citizens conceive of human trafficking—they establish what trafficking is and who counts as trafficked, and create narratives that explain how trafficking has become a problem and what should be done to fix it. In this dissertation I conduct a genealogical discourse analysis of anti-trafficking advocacy, policy, and scholarship in the United States from the late 1970s to 2000, looking in particular at feminist and religious abolitionist advocacy networks, and the role they play in the creation of the U.S. Trafficking Victims Protection Act of 2000. I argue that “human trafficking” is better understood as a contested concept rather than as an objectively given problem. The meaning of trafficking is constructed rather than inherent, and inseparable from the political context through which it is produced. Details: Minneapolis, MN: University of Minnesota, 2012. 270p. Source: Internet Resource: Dissertation: Accessed November 20, 2012 at: http://conservancy.umn.edu/bitstream/131822/1/Lobasz_umn_0130E_12756.pdf Year: 2012 Country: United States URL: http://conservancy.umn.edu/bitstream/131822/1/Lobasz_umn_0130E_12756.pdf Shelf Number: 126941 Keywords: FeminismForced LaborHuman RightsHuman TraffickingProstitutionSexual Exploitation |
Author: New York University School of Law, Center for Human Rights and Global Justice Title: By the Numbers Findings of the Detainee Abuse and Accountability Project Summary: Two years ago, revelations about the abuse of detainees in U.S. custody at Abu Ghraib prison in Iraq shocked people across the world. In response, U.S. government officials condemned the conduct as illegal and assured the world that perpetrators would be held accountable. Two years later, it has become clear that the problem of torture and other abuse by U.S. personnel abroad was far more pervasive than the Abu Ghraib photos revealed-extending to numerous U.S. detention facilities in Afghanistan, Iraq, and at Guantnamo Bay, and including hundreds of incidents of abuse. Yet an analysis of alleged abuse cases shows that promises of transparency, investigation, and appropriate punishment for those responsible remain unfulfilled. U.S. authorities have failed to investigate many allegations, or have investigated them inadequately. And numerous personnel implicated in abuses have not been prosecuted or punished. In order to collect and analyze allegations of abuse of detainees in U.S. custody in Afghanistan, Iraq, and at the Guantnamo Bay detention facility, and to assess what actions, if any, the U.S. government has taken in response to credible allegations, the Center for Human Rights and Global Justice at NYU School of Law, Human Rights Watch and Human Rights First have jointly undertaken a Detainee Abuse and Accountability Project (DAA Project). The Project tracks abuse allegations and records investigations, disciplinary measures, or criminal prosecutions that are linked to them. (This briefing paper does not discuss allegations of torture or abuse at secret U.S. detention facilities in other countries, or allegations of torture following illegal rendition or other informal transfer to other countries.[1]) This briefing paper presents the Project's preliminary conclusions based on data collected as of April 10, 2006. It also highlights a number of individual cases that illustrate the following key findings: Detainee abuse has been widespread. The DAA Project has documented over 330 cases in which U.S. military and civilian personnel are credibly alleged to have abused or killed detainees. These cases involve more than 600 U.S. personnel and over 460 detainees. Allegations have come from U.S. facilities throughout Afghanistan, Iraq and at GuantnamoBay. (These numbers are conservative and likely lower than the actual number of credible allegations of abuse. See box, "Methodology and Sources of Information," opposite.) Only fifty-four military personnel-a fraction of the more than 600 U.S. personnel implicated in detainee abuse cases-are known to have been convicted by court-martial; forty of these individuals have been sentenced to prison time. Available evidence indicates that U.S. military and civilian agencies do not appear to have adequately investigated numerous cases of alleged torture and other mistreatment. Of the hundreds of allegations of abuse collected by the DAA Project, only about half appear to have been properly investigated. In numerous cases, military investigators appear to have closed investigations prematurely or to have delayed their resolution. In many cases, the military has simply failed to open investigations, even in cases where credible allegations have been made. DAA Project researchers found over 400 personnel have been implicated in cases investigated by military or civilian authorities, but only about a third of them have faced any kind of disciplinary or criminal action. And even in cases where U.S. military investigations have substantiated abuse, military commanders have often chosen to proceed with weaker non-judicial forms of disciplinary action instead of criminal prosecution. In cases where courts-martial have convened, only a small number of convictions have resulted in significant prison time. Many sentences have been for less than a year, even in cases involving serious abuse. Of the hundreds of personnel implicated in detainee abuse, only ten people have been sentenced to a year or more in prison. No U.S. military officer has been held accountable for criminal acts committed by subordinates under the doctrine of command responsibility. That doctrine provides that a superior is responsible for the criminal acts of subordinates if the superior knew or should have known that the crimes were being committed and failed to take steps to prevent them or to punish the perpetrators. Only three officers have been convicted by court-martial for detainee abuse; in all three instances, they were convicted for abuses in which they directly participated, not for their responsibility as commanders. The U.S. Central Intelligence Agency (CIA) has investigated several cases of abuse involving its personnel, and reportedly referred some individuals to the Department of Justice for prosecution. But few cases have been robustly investigated. The Department of Justice appears to have taken little action in regard to the approximately twenty civilians, including CIA agents, referred for criminal prosecution for detainee abuse by the military and the CIA, and has shown minimal initiative in conducting its own investigations into abuse cases. The Department of Justice has not indicted a single CIA agent for abusing detainees; it has indicted only one civilian contractor. Details: New York: New York University School of Law, Center for Human Rights and Global Justice; Human Rights Watch, 2006. 31p. Source: Internet Resource: Accessed November 26, 2012 at: http://www.hrw.org/sites/default/files/reports/ct0406webwcover.pdf Year: 2006 Country: United States URL: http://www.hrw.org/sites/default/files/reports/ct0406webwcover.pdf Shelf Number: 127000 Keywords: Detainees, AbuseHuman RightsPrisoner Abuse |
Author: Amnesty International Title: In Hostile Terrain: Human Rights Violations in Immigration Enforcement in the US Southwest Summary: The report examines the human rights violations associated with immigration enforcement at the border and in the interior of the United States. While the development and implementation of immigration policies are a matter for individual governments, such policies must be compatible with international human rights law and standards. All immigrants, irrespective of their legal status, have human rights. This report shows that the USA is failing in its obligations under international law to ensure these rights. Among its findings are: • Recent immigration policy in certain border areas has pushed undocumented immigrants into using dangerous routes through the US desert; hundreds of people die each year as a result. • Immigration enforcement in the USA is a federal responsibility. Federal immigration officials are increasingly working in collaboration with state and local law enforcement agencies but improper oversight of state and local law enforcement has led to increased racial profiling. • Increasingly, state laws and local policies are creating barriers to immigrants accessing their basic human rights, including rights to education and essential health care services. While these laws are targeting non-citizens, these policies are also impacting US citizen children. • Recent legislation enacted or proposed in several states targets immigrant communities and places them, Indigenous communities and other minority communities at risk of discrimination. • Immigrant communities also face a range of barriers to justice when they are victims of crime such as human trafficking, domestic violence or bias crimes. The implementation of immigration enforcement measures along the border has also impacted the rights of Indigenous communities, whose traditional lands lie on both sides of the US-Mexico border. Details: New York: Amnesty International USA, 2012. 88p. Source: Internet Resource: Accessed November 28, 2012 at: http://www.amnestyusa.org/research/reports/usa-in-hostile-terrain-human-rights-violations-in-immigration-enforcement-in-the-us-southwest Year: 2012 Country: United States URL: http://www.amnestyusa.org/research/reports/usa-in-hostile-terrain-human-rights-violations-in-immigration-enforcement-in-the-us-southwest Shelf Number: 127021 Keywords: Border SecurityHuman RightsIllegal AliensIllegal Immigrants (U.S.)ImmigrationImmigration Enforcement |
Author: Australian Human Rights Commission Title: Sri Lankan Refugees v. Commonwealth of Australia Summary: This is a report setting out the findings of the Australian Human Rights Commission following an inquiry into a complaint alleging a breach of their human rights made against the Commonwealth of Australia by 10 adult Sri Lankan refugees in immigration detention with adverse security assessments and 3 minor Sri Lankan refugees who are residing in an immigration detention facility with their parents. The parents of these three children are among the adult complainants. Details: Sydney: Australian Human Rights Commission, 2012. 44p. Source: AusHRC 56: Internet Resource: Accessed December 16, 2012 at http://www.humanrights.gov.au/legal/humanrightsreports/AusHRC56.pdf Year: 2012 Country: Australia URL: http://www.humanrights.gov.au/legal/humanrightsreports/AusHRC56.pdf Shelf Number: 127212 Keywords: Human RightsImmigrant Detention (Australia)Immigrants (Sri Lanka) |
Author: Choudhury, Tufyal Title: Impact of Counter-Terrorism on Communities: UK Background Report Summary: This report provides a background context to the United Kingdom to support discussion of potential research into the impact of counter-terrorism measures on minority communities. While recognising that the focus of anti-terrorism policies and policing in the UK has, until recently, related to political violence in Northern Ireland and Irish communities in Britain, this report focuses on ethno-cultural minorities, in particular Muslim communities, that have, since 9/11, been the focus of counter-terrorism policies and policing responding to Al Qaeda (AQ) related or inspired terrorism. Key sections of this report develop and build on the Equality and Human Rights Commission research report, The Impact of Counter Terrorism Measures on Muslim communities in Britain (Choudhury and Fenwick, 2011). Part One provides an overview of the community context. It outlines the demographic and socioeconomic profile of Muslims and minority ethnic groups that are the focus of recent anti-terrorism policing. Their low socio-economic position is noted as important, since communities and individuals that experience social marginalisation are more likely to be concerned about increased state policing powers. It also notes a number of civil society campaigns challenging the increase and use of counterterrorism powers. Some have been led by mainstream human rights organisations, while others have been led by Muslim organisations. Despite such campaigns, analysis of polling evidence shows broad public support for a wide range of counter-terrorism powers and measures. The section notes a number of specific mechanisms that have been created for cooperation and dialogue between the state and Muslim organisations and communities. Part Two outlines the legal framework within which counter-terrorism law and policy operates. The starting point for this is the Terrorism Act 2000 (TA 2000). The provisions of this Act have, however, been amended and added to by new legislation passed in six out the last ten years. The broad definition of terrorism in the TA 2000 remains a central issue. The section outlines changes in the legal powers to stop and search individuals in the streets and at ports and airports. Immediately after 2001, additional legislation and policy focused on threats from foreign nationals. However, after 2005, new measures responded to the involvement of British citizens in AQ-related terrorism. New offences were created that allowed individuals to be charged at earlier points in time before an attack was underway. The new offences included acts preparatory to terrorism, attending a place used for training for terrorism, and the indirect encouragement of terrorism. Part Three outlines the wider policy and policing context of counter-terrorism. Details are given of the four strands to the overarching counter-terrorism strategy, CONTEST. Anti-radicalisation policy falls largely in the Prevent strand of CONTEST. The paper outlines the roles and relationships between the different government departments and policing structures that have responsibility for overseeing and implementing counter-terrorism policy and policing. It then sets out the mechanisms for individuals or communities to seek cooperation, dialogue and accountability. Any exploration of the impact of counter-terrorism measures needs to be placed in the context of the threat from terrorism; this is explored in Part Four. This includes assessment of the level of threat from terrorism made by the government and security agencies, as well as the evidence of the threat from the number of individuals that have been arrested, charged and convicted of terrorism-related offences. The section also notes a number of high-profile policing operations relating to counter-terrorism that also influence public discussion and assessment of the threat level. Counter-terrorism policies are not encountered or developed in a policy vacuum, but are influenced by, and in turn shape, the wider political and policy discourse. Part Five therefore explores the wider political context. In particular, it explores the interplay with debates on multiculturalism, integration and immigration and identity. Finally, Part Six outlines some of the existing academic and policy research on the impact of counterterrorism policing and policy Details: London: Institute for Strategic Dialogue, 2012. 49p. Source: Internet Resource: Accessed December 16, 2012 at http://www.strategicdialogue.org/UK_paper_SF_FINAL.pdf Year: 2012 Country: United Kingdom URL: http://www.strategicdialogue.org/UK_paper_SF_FINAL.pdf Shelf Number: 127226 Keywords: Counter-terrorism (U.K.)Human RightsMinority CommunitiesTerrorism |
Author: Soirila, Ukri Title: Trafficking in Human Beings and Foucauldian Biopower: A Case Study in the Expansion of the Human Rights Phenomenon Summary: Trafficking in human beings has become one of the most talked about criminal concerns of the 21st century. This thesis asks how has the anti-trafficking campaign been translated in human rights language. Can human rights actually bring salvation to the victims of trafficking? The translation process has been a complicated process involving various actors, including scholars, feminist NGOs, local activists and global human rights NGOs. It is argued that in order to understand the measures of the authorities, and to assess the usefulness of human rights, it is necessary to adopt a Foucauldian perspective and to observe the measures as biopolitical defence mechanisms. Human rights have not become useless for the victims of trafficking, but they must be conceived as a universal tool to formulate political claims and challenge power. Details: Helsinki, Finland: University of Helsinki, 2011. 104p. Source: Master's Thesis, University of Helsinki: Internet Resource: Accessed December 22, 2012 at https://helda.helsinki.fi/bitstream/handle/10138/28677/traffick.pdf?sequence=1 Year: 2011 Country: United States URL: https://helda.helsinki.fi/bitstream/handle/10138/28677/traffick.pdf?sequence=1 Shelf Number: 127261 Keywords: Human RightsHuman TraffickingVictims of CrimeVictims Services |
Author: University of California, Berkeley, Human Rights Center Title: Freedom Denied: Forced Labor in California Summary: Forced labor—defined as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” is not something that happens somewhere ‘over there’ in the developing world. It is a significant and often overlooked problem right here in the United States. Our research suggests that at any given time, ten thousand or more men, women and children are laboring against their will as prostitutes, farm and sweatshop laborers, and domestic workers in the United States. The U.S. Congress has recognized the scope of the problem and, in 2000, adopted the Trafficking Victim Protection Act. But the federal government understands that more needs to be done, and it has urged states to close gaps in the law by passing their own laws to combat human trafficking and forced labor. California is hardly a stranger to the issue—especially because forced labor flourishes in states with large immigrant populations. In recent years, the practice has spread to several areas of the state. Over eighty percent of the cases have been documented in the urban centers of Los Angles, San Diego, San Francisco, and San Jose. The majority of those forced to work as modern-day slaves come to California from abroad—with or without valid travel documents. Others are U.S. citizens that have fallen into the clutches of traffickers. Whether foreigners or not, they are terrified of their captors and face uncertain futures should they manage to escape. Our research identified 57 forced labor operations in almost a dozen cities in California between 1998 and 2003, involving more than 500 individuals from 18 countries. Thailand was the home country of 136 forced labor victims, with 104 and 53 arriving from, respectively, Mexico and Russia. American citizens comprise 5.4 percent of the total. Victims labored in several economic sectors including prostitution and sex services (47.4%), domestic service (33.3%), mail order brides (5.3 %), sweatshops (5.3%), and agriculture (1.8%). Victims of forced labor often suffer severe hardships and deprivations. Their captors often subject them to beatings, threats, and other forms of physical and psychological abuse. They live in conditions of deprivation and despair. Their captors may threaten their families. Perpetrators exert near total control over victims, creating a situation of dependency. Victims come to believe they cannot leave. They are terrified of their captors but also fear law enforcement, a fear often based on bad experiences with police and other government officials in their countries of origin. Once victims escape captivity they confront a host of new problems Obtaining safe shelter and legal employment are immediate concerns. Because so many survivors are strangers in a strange land, provision of comprehensive social services is needed to help them navigate from servitude to independent living. In recent years, thanks to the new trafficking act, federal prosecutors have taken the lead in bringing perpetrators of forced labor to justice. But much more needs to be done at the state level to end this practice. California criminal law, in particular, needs to be reformed to sanction modern traffickers and to train law enforcement to identify forced labor cases and to work appropriately with victims to gain their trust and cooperation in investigations and prosecutions. State law enforcement needs to coordinate their efforts with federal authorities to ensure that survivors promptly can access federal immigration benefits. In addition, prosecutors must act to protect witnesses and their families who reside overseas. To eradicate forced labor in California, we recommend that the following measures be taken: 1. The state should enact new criminal laws against forced labor. California’s criminal laws are not tailored to combat the practice of forced labor. The U.S. Department of Justice has proposed model state legislation which reflects the experience of law enforcement personnel who have investigated and prosecuted perpetrators under federal criminal law. California should review and adapt the model law so that state law enforcement can amplify federal efforts and bring greater numbers of offenders to justice. 2. The state should train law enforcement and other first responders to identify and address forced labor. Law enforcement personnel, health care providers, health and labor inspectors, and other first responders likely to encounter victims of forced labor should be trained to recognize the indicators of forced labor and how to intercede to liberate victims so that wellintentioned interventions do not jeopardize victims and their families. 3. The state should create civil remedies for forced labor survivors. Survivors of forced labor have been robbed of their earnings and their dignity. They should have access to courts to hold their perpetrators liable for the damages they inflicted upon survivors. The ability to file a private suit will allow survivors to control decisions about whether to pursue legal action and may help restore to them a sense of control over their lives. 4. The state should increase access to social services for survivors of forced labor. Safe housing and access to legal counsel must be made available to survivors. The state should provide funds to expand shelters dedicated to serving forced labor survivors. While only the federal government can provide immigration benefits to survivors, state law enforcement promptly should issue the appropriate certifications so that survivors can apply for federal relief. The state should fund medical care, legal assistance, job training and placement to support the recovery of survivors. 5. The state should create a task force to develop policy to address human trafficking and forced labor. A comprehensive response to forced labor involves many state and federal agencies, social service providers, legal advocates, researchers, and policy makers. The state should convene a task force to bring together stakeholders to identify gaps in the response to forced labor, develop guidelines to promote a consistent and survivor-centered approach to cases, and recommend policy to strengthen the state’s response. Details: Berkeley, CA: Human Rights Center, University of California, Berkeley, 2005. 39p. Source: Internet Resource: Accessed January 22, 2013 at: http://www.oas.org/atip/country%20specific/Forced%20Labor%20in%20California.pdf Year: 2005 Country: United States URL: http://www.oas.org/atip/country%20specific/Forced%20Labor%20in%20California.pdf Shelf Number: 127349 Keywords: Forced Labor (California, U.S.)Human RightsHuman TraffickingProstitutes |
Author: Danish Refugee Council Title: A Sexual and Gender-based Violence Rapid Assessment: Doro Refugee Camp, Upper Nile State, South Sudan Summary: Since December 2011, approximately 100,000 refugees have fled the State of Blue Nile (BNS) in Sudan and sought shelter in Maban County – Upper Nile State (UNS) – South Sudan as a result of aerial bombardments and armed clashes between the Sudanese Armed Forces (SAF) and the Sudanese People Liberation Movement - North (SPLM-N). There are four main locations where the refugees are sheltered in the county: (1) in Doro camp (near the village of Bunj) there are 41,7871 individuals, (2) in Jamam camp (near the village of Jamam) there are 25,176 registered refugees, (3) in Yusuf Batil camp there are 34,112 registered refugees and (4) in the recently opened Gendrassa camp there are 4,484 individuals as of beginning of August 2012. Sudanese refugees started to settle spontaneously in the area later to become Doro refugee camp as early as October 2011. Since then, new influxes of refugees continued to arrive up to May-June 2012 causing the camp to become more and more congested. As a result, some of these communities settled outside the camp boundaries. In May 2012 approximately 3.000 refugees were relocated from Jamam refugee camp to Doro due to increasingly precarious living conditions in Jamam - water provision much below standards, flooding and a hazardous health situation prompted UNHCR and aid agencies to decide for the relocation of part of Jamam camp. Details: Copenhagen: Danish Refugee Council, 2012. 19p. Source: Internet Resource: Accessed January 24, 2013 at: http://www.drc.dk/about-drc/publications/ Year: 2012 Country: Sudan URL: http://www.drc.dk/about-drc/publications/ Shelf Number: 127378 Keywords: Gender-Based ViolenceHuman RightsRapeRefugeesSexual AssaultSexual Violence |
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: Astbury, Jill Title: Triple Jeopardy: Gender-Based Violence and Human Rights Violations Experienced by Women with Disabilities in Cambodia Summary: Cambodian women with disabilities experience multiple disadvantages resulting from the interplay between gender, disability and poverty. This participatory research project, developed collaboratively between Australian and Cambodian partners, investigated prevalence and experiences of gender-based violence of women with disabilities in comparison to women without disabilities; assessed the extent to which existing policies and programs include or address women with disabilities; and explored how women with disabilities are supported or denied access to existing programs. The study found that women with disabilities and women without disabilities faced similar levels of sexual, physical and emotional violence by partners. However, the picture that emerged in terms of family violence (excluding partners) was starkly different. Women with disabilities experienced much higher levels of all forms of this violence. They were much more likely to be insulted, made to feel bad about themselves, belittled, intimidated, and subjected to physical and sexual violence than their non-disabled peers. These results, building on scarce developing country evidence, speak to the unique vulnerabilities of women with disabilities to violence. There is an urgent need for mainstream services to ensure that women with disabilities can access their services, and for services for people with disabilities that address gender concerns. Similarly, it is critical that discriminatory attitudes which condone and perpetuate violence against women with disabilities are challenged and transformed. Details: Canberra: AusAID (Australian Agency for International Development), 2013. 34p. Source: Internet Resource: AusAID Research Working Paper 1: Accessed February 15, 2013 at http://www.ausaid.gov.au/research/Documents/triple-jeopardy-working-paper.pdf Year: 2013 Country: Cambodia URL: http://www.ausaid.gov.au/research/Documents/triple-jeopardy-working-paper.pdf Shelf Number: 127631 Keywords: DisabilityFamily ViolenceHuman RightsIntimate Partner ViolenceViolence Against Women (Cambodia) |
Author: Danielson, Michael S. Title: Documented Failures: the Consequences of Immigration Policy on the U.S.-Mexico Border Summary: This report presents systematic documentation of the experiences of migrant women, men and children repatriated from the United States to cities along Mexico's northern border, with particular emphasis on the Nogales, Arizona/Nogales, Sonora, Mexico area. The report addresses five common problems experienced by Mexican and Central American migrants before and during migration and upon apprehension, detention and deportation by U.S. migration authorities. The areas of investigation are: 1. The separation of migrants from family members they were traveling with when apprehended and deported by the U.S. Border Patrol. Migrants are often separated from their families, friends and loved ones during the process of deportation. This separation places migrants—the great majority of whom are from parts of Mexico very far from the northern border or Central American countries—in situations of unwarranted vulnerability in an increasingly dangerous region of Mexico. 2. Family separation as a driver of migration and a continuing complication for families of mixed-legal status. As the number of mixed immigration status families is steadily increasing, mothers, fathers, and guardians who are deported by Immigration and Customs Enforcement (ICE) are often separated from their citizen children, who remain in the U.S. with their other parent, guardians, other family members, or in foster care. This section also examines how many of those deported by U.S. migration authorities were attempting to reunite with immediate family members already living in the United States. 3. Violence as a cause of migration and abuses and physical security threats experienced by migrants during northward journeys, border crossing, and after deportation from the United States. As levels of violence directly and indirectly related to drug trafficking have increased throughout Mexico and Central America in recent years, violence has become an increasingly common cause of migration. Furthermore, the growing prevalence of violence along the border means migrants are often the victims of theft and physical, verbal and sexual abuse at the hands of criminal gangs, human smugglers, human traffickers and thieves, risks that ought to be taken into consideration by U.S. migration authorities when deporting unauthorized immigrants to northern Mexico border towns. 4. Abuses and misconduct committed by the U.S. Border Patrol and other U.S.migration authorities. Based on multiple data sources, the report demonstrates that there is systematic abuse and misconduct in the process of apprehending, detaining and deporting undocumented migrants. One in four migrants surveyed (24.8%) reported being abused in some way by U.S. Border Patrol agents, and data show that Department of Homeland Security (DHS), and particularly the Border Patrol, systematically deny Mexican migrants the right to contact their consulate. 5. Abuses and misconduct committed by local police in Mexico.When traveling north, as well as after deportation, migrants are in a particularly vulnerable position and can be taken advantage of by local, state, and federal authorities in Mexico.This section provides estimates of the extent of these abuses, finding that men are more likely to be abused by Mexican police than women, and Central Americans are more likely to be abused by Mexican police than their Mexican migrant counterparts. Exploration of the five themes above reveals a complex set of distinct, but interrelated problems. The final section of the report provides a list of recommendations that, if implemented, would begin to address the most pressing problems faced by immigrants and their families. Details: Washington, DC: Jesuit Refugee Services, 2013. 44p. Source: Internet Resource: Report prepared for the Kino Border Initiative Nogales, Arizona, U.S.A. and Nogales, Sonora, Mexico with funding from Catholic Relief Services of Mexico: Accessed February 19, 2013 at: http://www.jesuit.org/jesuits/wp-content/uploads/Kino_FULL-REPORT_web.pdf Year: 2013 Country: United States URL: http://www.jesuit.org/jesuits/wp-content/uploads/Kino_FULL-REPORT_web.pdf Shelf Number: 127652 Keywords: Border ControlBorder SecurityHuman RightsIllegal ImmigrantsImmigrant DetentionImmigration (U.S.)Immigration Policy |
Author: American University, Washington College of Law, Immigrant Justice Clinic Title: Taken for a Ride: Migrant Workers in the U.S. Fair and Carnival Industry Summary: Samuel Rosales Rios came to the United States from Mexico as a temporary worker under the H-2B guestworker program1 only to be treated by his employer not as a guest, but as a near-slave. Samuel was permitted to enter the U.S. and work legally on a temporary seasonal basis for the employer who had sponsored his work visa, the operator of a Greek food stand at a state fair. Samuel and his coworkers were forced to work between 16 and 17 hours per day for many days in a row in temperatures that sometimes reached over 90 degrees Fahrenheit (over 30 degrees Celsius). The workers lived in poor housing and sometimes earned as little as $1 USD (approximately 13 MXN) per hour, despite being promised an hourly rate of $10 to $12 USD (approximately 129 to 154 MXN) and decent living conditions. Samuel received so little pay that he could not afford to buy additional food to supplement the single meal his employer provided, leading him to suffer dehydration and hunger during his long shifts. After several days of sleeping in an overcrowded, bedbug and flea-infested trailer, and without an adequate place to bathe, Samuel eventually sought treatment in an emergency room for dehydration and infections from bug bites. Samuel and his coworkers’ experiences are illustrative of the appalling work conditions H-2B workers in the fair and carnival industry often face. These workers are vulnerable to unfair employment and labor practices in part because their visas only authorize them to work for the employer who sponsored them, and also because they often arrive in the U.S. with a debilitating pre-employment debt. Recent attempts to enhance H-2B worker protections, while a step in the right direction, are currently stalled due to employer-driven litigation. As a result of inadequate government oversight and enforcement of existing laws, coupled with workers’ limited access to exercise their rights by filing complaints regarding employment and health and safety violations, employers continue to bring workers to the U.S. and place them in deplorable work and living conditions with almost absolute impunity. While Samuel’s employer faced legal consequences, many more violations of fair and carnival workers’ basic rights are never reported or enforced. Too many workers like Samuel are taken for a ride. Based on interviews with H-2B workers in Maryland, Virginia, and Mexico, this report sheds light on the abuses that fair and carnival workers face. Such abuses include deceptive recruitment practices and high pre-employment fees and costs; wage theft; lack of access to legal and medical assistance; substandard housing; and unsafe work conditions. The fair and carnival industry epitomizes what is currently most problematic with the H-2B temporary worker program, as employers are often able to mistreat their workers and claim exemption from basic worker protection laws with very little scrutiny. This report provides recommendations that would rectify H-2B worker mistreatment through means such as comprehensive immigration reform, agency rulemaking, and enforcement of existing laws. Fixing the H-2B program would not only help foreign temporary workers: all workers in the U.S. benefit when the rights of a specific group of workers are enhanced and enforced. Details: Washington, DC: American University, Washington College of Law, Immigrant Justice Clinic, 2013. 104p. Source: Internet Resource: Accessed March 12, 2013 at: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf Year: 2013 Country: United States URL: http://www.cdmigrante.org/wp-content/uploads/2013/02/110145_Taken_for_a_Ride_Report_Final.pdf Shelf Number: 127920 Keywords: Forced LaborHuman RightsImmigrationMigrant AbusesMigrant Workers, Labor Conditions (U.S.) |
Author: United Nations Development Programme Title: Informal Justice Systems: Charting a Course for Human Rights-Based Engagement Summary: until recently, informal justice systems (ijs) were relatively invisible in development partner-assisted justice interventions. yet, ijs form a key part of individuals’ and communities’ experience of justice and the rule of law, with over 80 percent of disputes resolved through informal justice mechanisms in some countries.1 ijs may be more accessible than formal mechanisms and may have the potential to provide quick, relatively inexpensive and culturally relevant remedies. given this central role and increasing government and partnering donor interest in ijs, it is key to build an understanding of ijs and how best to engage with them for the strengthening of human rights, the rule of law and access to justice. in many countries, there is a prevalence of ijs, which demands that governments and development partners take these systems more seriously, especially with regard to ijs and women’s and children’s rights. this does not mean that development organizations should promote ijs at the expense of a functioning unitary legal order or that they should oppose the existence of ijs. rather, it is recognition that ijs are an empirical reality, albeit a complicated one. at the same time, growing numbers of countries are requesting un assistance to engage with ijs and strengthen their ability to provide justice and legal protection. the un’s approach to engagement on rule of law and access to justice is as an effort to ensure international norms and standards for all who come into contact with the formal and informal justice system, including victims, witnesses or alleged offenders. ijs are complex and deeply varied; many drawing their normative structures and legitimacy from the local communities and society in which they operate. the un does not presume that engagement with ijs can adopt a ‘one-size-fits-all’ approach. like all legal mechanisms, ijs function within changing societies and communities and can be responsive to the particular individual circumstances of a case in the application of cultural norms. the obligation to respect, protect and fulfil human rights, including through the provision of justice and legal remedies, extends to formal and informal systems alike. Both types of justice systems can violate human rights, reinforce discrimination, and neglect principles of procedural fairness. ijs in many contexts deal with issues that have a direct bearing on the best interests of women and children, such as issues of customary marriage, custody, dissolution of marriage, inheritance and property rights. the operative questions surrounding ijs and the rights of women and children are significant. While it is especially important to note that the structures, procedures and substantive decisions of some ijs neither safeguard nor promote women’s rights and children’s rights, the existence of ijs does not of itself contravene international human rights principles. indeed, ijs can provide avenues for the delivery of justice and the protection of human rights, particularly where formal justice systems lack capacity, and ijs can enjoy widespread community legitimacy and support. the study seeks to identify how engagement with ijs can build greater respect and protection for human rights. it highlights the considerations that development partners should have when assessing whether to implement programmes involving ijs, the primary consideration being that engagement with the ijs neither directly nor inadvertently reinforces existing societal or structural discrimination – a consideration that applies to working with formal justice systems as well. the study also examines the value of ijs in offering, in certain contexts, flexible structures and processes, cost-effectiveness and outreach to grassroots communities. Details: New York: UNDP, UN Women: UNICEF, 2013. 398p. Source: Internet Resourse: Accessed April 6, 2013 at: http://www.unwomen.org/wp-content/uploads/2013/01/Informal-Justice-Systems-Charting-a-course-for-human-rights-based-engagement-Full-Study.pdf Year: 2013 Country: International URL: http://www.unwomen.org/wp-content/uploads/2013/01/Informal-Justice-Systems-Charting-a-course-for-human-rights-based-engagement-Full-Study.pdf Shelf Number: 128305 Keywords: Dispute ResolutionHuman RightsInformal Justice SystemsMediation |
Author: Danish Centre for Human Rights Title: The Police in Cambodia: Project Assessment Report - Cambodia Summary: As a result of a needs assessment conducted by DCHR in the spring of 1999 a pilot project was initiated. The purpose was two-fold: i) Starting up a series of sensitizing seminars, produce newsletters and invite a senior police consultant from the region to engage in police reform debates, and ii) creating a planning base in order to prepare for a coming strategic planning project aiming at police reform. The pilot project ran over a period of two years. The formal partnership was entered with Asia Human Rights Commission, Hong Kong, while informal cooperation with the local NGO, Cambodia Defenders Project, intensified during the same period. In addition to the scheduled project activities, DCHR arranged a democracy visit to Denmark in 1999 for participants from the Ministry of Interior, the police and NGOs in Cambodia. The visit programme centred around police institutions in a democratic context. A Danish Human Rights Officer initially stationed at the Cambodia Defenders Project was after the democracy visit invited to stay a the police training department in the Ministry of Interior. Furthermore, a number of NGO activists have participated in the biannually human rights training courses at DCHR. The two reports composing this publication are the results of the pilot project. The Police in Cambodia is written by Kristine Yigen, the Human Rights Officer stationed for nine months in Cambodia. The report forms along with other written and collected documents the planning base prepared during the project period. The report is rich on data and information about the police related legislation and police organisations in Cambodia and adds an analytic perspective by holding up the Constitution of Cambodia, 1993, and relevant international human rights standards to the present situation. The second report is written by the external consultant, Susanne Ringgaard Pedersen. On the basis of the conclusions of the pilot project, a review was conducted to evaluate the relevance of the pilot phase. In addition to this review, a set of recommendations for the coming engagement in police reform is suggested by the consultant. Furthermore, the report reviews the relevance of a second project phase in relation to the acute human rights needs in Cambodia. While the review/assessment report compliments the pilot phase and all those involved at various levels, a number of improvements and recommendations are suggested. Details: Copenhagen, Denmark: Danish Centre for Human Rights, 2002. 178p. Source: Internet Resource: Evaluations and Reviews of Partnership Programmes – No 21: Accessed April 9, 2013 at: http://www.humanrights.dk/files/pdf/Publikationer/eandr21.pdf Year: 2002 Country: Cambodia URL: http://www.humanrights.dk/files/pdf/Publikationer/eandr21.pdf Shelf Number: 128330 Keywords: Human RightsPolice AdministrationPolice ReformPolicing (Cambodia) |
Author: Verhoef, J. Title: Immigration Detention: penal regime or step towards deportation? About respecting human rights in immigration detention Summary: The government wants people who are living in the Netherlands illegally to leave the country voluntarily. If they fail to do so, the government will take a number of steps. One of those steps is immigration detention. Detention is a measure that deprives people of their liberty. A foreign national will be locked up at a detention centre pending swift deportation. A total of 6,100 foreign nationals were kept in detention in 2010, for an average for 76 days. The National Ombudsman has observed that foreign nationals are being detained under an inappropriate regime that seriously strains the respect of fundamental rights. To some extent this is because immigration detention acts insufficiently as the last resort. Moreover, the government wrongly assumes that foreign nationals spend only a relatively short period of time in detention. The current regime fails to reflect the nature of a measure taken under administrative law. The sole purpose of detention is to prevent a foreign national from avoiding deportation. This measure is not intended to be a punishment. Yet in several respects foreign nationals are detained under a more austere regime than that of convicted criminals. Unlike convicted criminals, foreign nationals are kept as standard in two-person cells, for example, while they are not allowed to work, they may not receive any education and they must remain in their cells from 17:00 to 08:00 hrs. What’s more, foreign nationals are subject to the same security measures (frisk searches, strip searches and restraints during transportation) and disciplinary punishments and measures (such as segregation and solitary confinement). What is needed to bring about real improvements is the acknowledgement that immigration detention may be used only as a last resort. In the short term the Dutch government needs to develop less drastic alternatives to immigration detention. The National Ombudsman naturally welcomes as a positive step the government’s current elaboration of alternatives to immigration detention (such as the Reporting project and the Deposit project). In contrast, however, the pilot projects are being carried out only on a small scale, focus on specific target groups, and only last a short time. Immigration detention is the step that remains when the government, after due consideration, concludes that a less severe remedy for preventing a foreign national from avoiding deportation does not exist. When this occurs, it is important for the regime to reflect the nature of immigration detention, namely a measure focused solely on deportation. There should be no elements of punishment in immigration detention. As the Custodial Institutions Act was written with a view to punishment, it is important to give the regime of immigration detention its own dedicated embodiment. Another option is to develop an appropriate regime within the framework of the Custodial Institutions Act. The Act sets down only minimum standards and offers scope to adapt the different regimes. There are all kinds of different institutions for offenders based on the regime of the entire community, varying from closed to open prisons, and even a penitentiary programme that allow prisoners to stay outside the prison by means of electronic surveillance. The National Ombudsman observed that governors of detention centres involved in this study exhibit a willingness to change the approach from pressure and coercion to one of brainstorming and facilitating. Consideration is also being given to more moderate forms of the regime. The National Ombudsman regards this as a first step towards developing a more appropriate regime. Details: The Hague: Netherlands National Ombudsman, 2012. 57p. Source: Internet Resource: Report No. 2012/105: Accessed April 16, 2013 at: Year: 2012 Country: Netherlands URL: Shelf Number: 128359 Keywords: Human RightsIllegal ImmigrantsImmigrant Detention (Netherlands) |
Author: Stege, Ulrich Title: Betwixt and Between: Turin's CIE. A Human Rights Investigation into Turin's Immigration Detention Centre Summary: This report investigates the extent to which Italian, European and international human rights and migration law is applied in Turin’s centro di identificazione ed espulsione (Turin’s CIE); an immigration detention centre in northern Italy. This study was motivated by the fact that a number of institutions and organisations at local, national and international level have expressed concern about the current praxis of administrative detention of irregular migrants in Italy. The inconsistency between the explicit and implicit aims of immigration detention centers is of particular concern because it gives rise to a situation that is a fertile ground for abuse, inefficiencies and shocking human rights violations. In order to evaluate the application of human rights law in Turin’s CIE, the CIE Research Project considers both individual and systemic problems faced by detainees, their families and people who have direct contact with the centre in a professional or voluntary capacity. These problems are analysed in terms of the conditions of detention as well as the judicial and legal processes that surround immigration detention. Throughout the research a concerted attempt was made to give voice to the lived experience of interviewed migrants; an element which is unfortunately all too often missing from research on immigration in Italy. The research was limited to experiences of detention in Turin’s CIE in the period January 2011 - June 2012 inclusive. As part of this research project, twenty-nine recorded interviews of between forty and ninety minutes were conducted with current and former immigration detainees and experienced lawyers, NGO workers, religious volunteers and a journalist. The interviews were semi structured and different but comparable interview forms were used with different categories of interviewees. These forms were designed in a manner that aimed to reveal information necessary to evaluate the application of civil and political rights, as well as economic, cultural and social rights. Moreover, in order to try to access a broad cross-section of people with experience inside Turin’s CIE, researchers were available to conduct interviews fluently with foreign citizens in their choice of seven languages. The report also draws on a range of secondary sources both in terms of background research and methodological modelling. This report begins by assessing the conditions of detention inside Turin’s CIE in terms of: family relationships, children and CIE; a comparison between CIE and prison; practical day-to-day issues; health and medical issues; relationships with CIE staff; and relationships between detainees. Each of these issues are diverse and yet to an extent interrelated, since they all impact detainees’ everyday lives in detention, their vulnerability and their relative experiences of the conditions within which they live. The study attempts to paint a balanced picture of what it can mean to be detained inside Turin’s CIE; a centre that geographically a bus ride away from the parks, piazzas and coffee shops of Turin, and yet still seems a world away. The report then examines the judicial and legal processes concerning Turin’s CIE by considering: the extent to which detainees understand what CIE is; the Italian legal and procedural framework; relationships between detainees and lawyers; the role of embassies and consulates in the identification procedure; and political asylum and humanitarian protection. This investigation draws on the interviewees’ experiences in order to examine both the positive and negative ways in which the judicial and legal processes surrounding Turin’s CIE can serve to enhance or detract from our ability to give life to the text and intention of human rights law. Judicial and legal processes are two vital mechanisms through which the written word of human rights can be realised and made accessible to all. However, the research found that for CIE detainees judicial and legal processes can also be a great barrier to accessing rights because there is an absence of clear procedures and effective remedy, questionable training in some areas of the public administration and inadequate legal and linguistic assistance for vulnerable individuals. Around the world, political policies about immigration detention are controversial topics which are often linked to the political and economic environment of the day. Consequently, the study also summarises additional miscellaneous matters about Turin’s CIE, which assist to contextualise the centre in terms of its wider economic, social and political context. This report then concludes by presenting a list of seventeen specific problems that were identified as obstructing the full, practical and accessible implementation of human rights law and EU law both inside Turin’s CIE and in terms of the related Italian judicial and administrative procedures. The problems found relate to: family life and the effect that detaining parents has on children; insufficient health care; unsatisfactory protection for asylum seekers and humanitarian entrants; a lack of training and institutional support for people from culturally and linguistically diverse communities; the stressful and degrading nature of living in the CIE; controversies in the Italian administrative law system for deciding on and validating immigration detention; and the discrepancy between the level of rights protection that is afforded in immigration matters where liberty is at stake when compared with the criminal justice system. Details: Turin, Italy: International University College of Turin, Human Rights and Migration Law Clinic, 2012. 119p. Source: Internet Resource: Accessed April 16, 2013 at: http://www.iuctorino.it/sites/default/files/docs/CIE_Report_September2012.pdf Year: 2012 Country: Italy URL: http://www.iuctorino.it/sites/default/files/docs/CIE_Report_September2012.pdf Shelf Number: 128360 Keywords: Human RightsIllegal ImmigrantsImmigrant Detention (Italy |
Author: Perez Solla, Maria Fernando Title: Slavery and Human Trafficking International Law and the Role of the World Bank Summary: This paper reviews the international legal framework applicable to the World Bank and Member States on contemporary forms of slavery, in particular, trafficking. The Palermo Trafficking Protocol is specially analyzed. Moreover, the paper refers to the preventive framework constituted by human rights obligations, particularly those of international labor law. The World Bank’s mandate appears to permit preventive action. The Articles expressly refer to the goal of improving conditions of labor. On one hand, the Bank’s practice includes today work in areas linked to human rights, which reveals tacit agreement by Member States. In addition, human rights obligations have been widely accepted by the international community, though implementation is poor. Moreover, poverty causes vulnerability to slavery-like practices, and they perpetuate poverty. A modest set of recommendations and areas in which further research is needed are included. The paper encourages mainstreaming the issues analyzed strategically in the Bank’s core operations (concerning processes and results), with country-led and country specific efforts, identifying the issues important for poverty reduction and growth. Details: Washington, DC: Social Protection & Labor, The World Bank, 2009. 69p. Source: Internet Resource: SP Discussion Paper no. 0904: Accessed May 8, 2013 at: http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0904.pdf Year: 2009 Country: International URL: http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0904.pdf Shelf Number: 128677 Keywords: Forced LaborHuman RightsHuman TraffickingMigrationSlavery |
Author: Council of Europe. Group of Experts on Action against Trafficking in Human Beings (GRETA) Title: Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Poland. First evaluation round Summary: The Polish authorities have taken a number of important steps to prevent and combat trafficking in human beings, but several important challenges remain, according to a report published today by the Council of Europe’s expert group on human trafficking, GRETA. The report notes that the criminalisation of trafficking in human beings in Poland took effect only in September 2010. There is still a significant gap between the number of identified victims of trafficking and the number of successful prosecutions and convictions. Despite efforts to provide training to relevant professionals, GRETA considers that there is a need to improve the knowledge and sensitivity of judges, prosecutors, investigators and other professionals about human trafficking and the rights of victims. GRETA’s report highlights are positive features the transparent approach to the planning and financing of anti-trafficking activities and the setting up of specialised structures. It also underlines the multi-disciplinary approach to victim identification in Poland and the issuing of special instructions to the Police and Border Guard on the identification of human trafficking victims. However, further steps are necessary to ensure that all victims of trafficking are properly identified. In particular, the report notes that more attention should be paid to the identification of cases of trafficking for labour exploitation, which has been on the rise in Poland. In addition, the report calls upon the authorities to introduce a nation-wide procedure for the identification of child victims of trafficking and to improve the provision of assistance tailored to their needs. GRETA also urges the Polish authorities to facilitate and guarantee access to compensation for victims of trafficking. Despite the existence of legal possibilities, very few - if any - victims of trafficking have received compensation. The report is the first assessment by GRETA of the extent to which Poland implements the Council of Europe’s 2005 anti-trafficking convention. The convention came into force in respect of Poland in March 2009. Details: Strasbourg: Council of Europe, 2013. 66p. Source: Internet Resource: GRETA(2013)6: Accessed May 21, 2013 at: http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Reports/GRETA_2013_6_FGR_POL_with_cmnts_en.pdf Year: 2013 Country: Poland URL: http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Reports/GRETA_2013_6_FGR_POL_with_cmnts_en.pdf Shelf Number: 128765 Keywords: Border SecurityHuman RightsHuman Trafficking (Poland)Sexual Exploitation |
Author: European Union Agency for Fundamental Rights (FRA) Title: EU LGBT survey European Union lesbian, gay, bisexual and transgender survey. Results at a glance Summary: In light of a lack of comparable data on the respect, protection and fulfilment of the fundamental rights of lesbian, gay, bisexual and transgender (LGBT) persons, the European Union Agency for Fundamental Rights (FRA) launched in 2012 its European Union (EU) online survey of LGBT persons’ experiences of discrimination, violence and harassment. The survey results provide valuable evidence of how LGBT persons in the EU and Croatia experience bias-motivated discrimination, violence and harassment in different areas of life, including employment, education, healthcare, housing and other services. The fi ndings show that many hide their identity or avoid locations because of fear. Others experience discrimination and even violence for being LGBT. Most, however, do not report such incidents to the police or any other relevant authority. By highlighting and analysing the survey results, this report, together with the accompanying EU LGBT survey – Main results report, will assist the EU institutions and Member States in identifying the fundamental rights challenges facing LGBT people living in the EU and Croatia. It can thereby support the development of effective and targeted European and national legal and policy responses to address the needs of LGBT persons and ensure the protection of their fundamental rights. Details: Vienna, Austria: FRA, 2013. 31p. Source: Internet Resource: Accessed June 1, 2013 at: http://fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf Year: 2013 Country: Europe URL: http://fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf Shelf Number: 128909 Keywords: Bias-Motivated CrimesDiscriminationHate Crimes (Europe)Human Rights |
Author: Taft-Morales, Maureen Title: Guatemala: Political, Security, and Socio- Economic Conditions and U.S. Relations Summary: Since the 1980s, Guatemala, the most populous country in Central America with a population just over 14 million, has continued its transition from a centuries-long tradition of mostly autocratic rule toward representative government. A democratic constitution was adopted in 1985, and a democratically elected government was inaugurated in 1986. A 36-year civil war that ravaged Guatemala ended in 1996. This report provides an overview of Guatemala’s current political and economic conditions, relations with the United States, and several issues likely to figure in future decisions by Congress and the Administration regarding Guatemala. With respect to continued cooperation and foreign assistance, these issues include security and governance; protection of human rights and human rights conditions on some U.S. military aid to Guatemala; support for the International Commission against Impunity in Guatemala; combating narcotics trafficking and organized crime; trade relations; and intercountry adoption. In November 2011, Otto Pérez Molina won the second-round presidential election run-off with 53.8% of the vote. He took office, along with the 158-member Congress, in January 2012. A former military commander who served during the civil war period, Pérez Molina faces concerns from some regarding his role in the human rights abuses committed during that period. In a landmark case, a Guatemalan court found former dictator Efrain Rios Montt guilty of genocide and crimes against humanity on May 10, 2013. Appeals have been filed. Guatemala continues to be plagued by security issues related to narcotics trafficking and the rise of organized crime, social inequality, and poverty. Upon taking office Pérez Molina announced a controversial position to decriminalize drugs as one policy initiative to address Guatemala’s many problems. Pérez Molina's proposal has failed to garner the support of other Central American leaders, but he seems willing to continue pushing the debate forward. In his view, decriminalization has to be gradual and strongly regulated, and it has to take place in the whole region, including producer and consumer countries. In the meantime, Pérez Molina vows to continue prosecuting and jailing drug-traffickers. Details: Washington, DC: Congressional Research Service, 2013. 21p. Source: Internet Resource: R42580: Accessed June 18, 2013 at: http://www.fas.org/sgp/crs/row/R42580.pdf Year: 2013 Country: Guatemala URL: http://www.fas.org/sgp/crs/row/R42580.pdf Shelf Number: 129017 Keywords: Criminal JusticeDrug TraffickingHuman RightsOrganized CrimeSocio-economic Conditions (Guatemala) |
Author: Amnesty International Title: Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa Summary: This report provides an analysis of the legal environment and wider context of human rights violations against lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals in sub-Saharan Africa. Recent years have seen increasing reports of people being harassed, marginalized, discriminated against and attacked because of their real or perceived sexual orientation or gender identity. This is occurring in countries whose legal systems still condone the criminalization of consensual same-sex behaviour, and in countries where the police and justice systems are failing to prevent these crimes from happening. The continued criminalization of consensual same-sex conduct in 38 African countries is a serious cause for concern. The existence and implementation of these laws violates a raft of international and regional human rights norms, and serves to marginalize one group of Africans based on their sexual orientation and gender identity alone. The last decade has witnessed efforts in some sub-Saharan African countries to further criminalize LGBTI individuals by ostensibly targeting their behaviour, or to impose steeper penalties and broaden the scope of existing laws. Uganda has seen repeated attempts since 2009 to introduce the Anti-Homosexuality Bill - a bill which would seek to impose the death penalty for 'aggravated' homosexuality, and which would criminalize anyone in Uganda who does not report violations of the bill's wide-ranging provisions within 24 hours to authorities. South Sudan, on becoming independent in 2008, criminalized consensual same-sex conduct for women and men with up to 10 years' imprisonment. Burundi criminalized same-sex conduct for men and women in 2009 by revising the criminal code to outlaw 'sexual relations with someone of the same sex'. In 2011 and 2012, Nigeria and Liberia respectively introduced bills to toughen penalties for same-sex conduct. And Mauritania, northern regions of Nigeria, the southern region of Somalia and Sudan, retain the death penalty for the same. Laws criminalizing consensual same-sex conduct affect LGBTI Africans on a daily basis. In some countries, like Cameroon, individuals are regularly arrested after having been denounced to authorities as being gay or lesbian. Individuals are usually arrested, charged and sentenced without evidence of same-sex conduct, and sometimes invasive medical examinations are performed in an attempt to obtain 'evidence' of such. Even in countries where anti-homosexuality laws are not routinely implemented, the existence of the laws alone provide opportunities for abuse, including blackmail and extortion, both by police and by non-state actors. Furthermore, the existence of laws that criminalize one group of people based on who they are and who they (are presumed to) have consensual sex with, sends a message to the broader population that discrimination on the basis of sexual orientation and gender identity is acceptable, and that human rights do not apply to LGBTI people. This creates an environment in which harassment, intimidation and violence against LGBTI people can flourish, and people can perpetrate such acts with impunity. Details: London: Amnesty International, 2013. 125p. Source: Internet Resource: Accessed June 28, 2013 at: http://www.amnestyusa.org/sites/default/files/making_love_a_crime_-_africa_lgbti_report_emb_6.24.13_0.pdf Year: 2013 Country: Africa URL: http://www.amnestyusa.org/sites/default/files/making_love_a_crime_-_africa_lgbti_report_emb_6.24.13_0.pdf Shelf Number: 129201 Keywords: DiscriminationGays and LesbiansHomophobia (Africa)Human Rights |
Author: Gallahue, Patrick Title: Partners in Crime: International Funding for Drug Control and Gross Violations of Human Rights Summary: “Partners in Crime: International Funding for Drug Control and Gross Violations of Human Rights” documents how millions of dollars in drug enforcement funding and technical assistance are spent in countries with grave human rights concerns. Donor states include the United States, Australia Germany, France, the United Kingdom, Sweden and the European Union. Human rights abuses in the context of drug enforcement are well documented, but in the name of drug control, donor states are routinely supporting practices in other countries that they themselves regard as morally reprehensible and illegal, including executions, arbitrary detention, slave labour and cruel, inhuman and degrading treatment, sometimes amounting to torture. Using the examples of the death penalty and abusive drug detention centres, this report shows just how little regard is given to human rights in drug enforcement funding and co-operation, including when such funds are passed through the United Nations. Details: London: Harm Reduction International, 2012. 48p. Source: Internet Resource: Accessed June 28, 2013 at: http://www.ihra.net/files/2012/06/22/Partners_in_Crime_web1.pdf Year: 2012 Country: International URL: http://www.ihra.net/files/2012/06/22/Partners_in_Crime_web1.pdf Shelf Number: 129207 Keywords: Drug ControlDrug EnforcementDrug PolicyDrug RegulationHuman Rights |
Author: Asian Centre for Human Rights Title: The State of Death Penalty in India 2013: Discriminatory treatment amongst the death row convicts Summary: Asian Centre for Human Rights (ACHR) opposes death penalty by any State and for any crime. The execution of Afzal Guru who was convicted for the 13th December 2001 attack on the Indian parliament at Tihar Jail, New Delhi on 9th February 2013 has exposed the discriminatory acts of the Government of India with respect to the treatment of death-row convicts. The circumvention of the Prison Manual by the Ministry of Home Affairs by the effective failure to inform the family members prior to the execution and subsequent imposition of curfew and ban on the right to freedom of association and assembly in various parts of Jammu and Kashmir since 9th February 2013 once again call for abolition of death penalty in India. As ACHR goes to the press, President Pranab Mukhejee has rejected mercy petitions pending of four accused namely Gnanprakasham, Simon, Meesekar Madaiah and Bilavendran who were sentenced to death by the Supreme Court in January 2004 in connection with the killing of 21 policemen in a landmine blast at Palar in Karnataka in 1993. These convicts were given life imprisonment but the government had moved the Supreme Court, which awarded them the death sentence. It appears that the Government of India in its attempt to address political fallout of the botched up execution of Afzal Guru and the expressed position of the members of the United Progressive Alliance government on death penalty in certain cases will carry out further executions of death row convicts not connected with political sensitivities. According to the National Crimes Records Bureau, Ministry of Home Affairs, Government of India, a total of 1,455 convicts or an average of 132.27 convicts per year were given death penalty during 2001 to 2011. This also implies that on average one convict is awarded death penalty in less than every third day in India. During this period, the highest number of death penalty has been imposed in Uttar Pradesh (370) followed by Bihar (132), Maharashtra (125), Karnataka and Tamil Nadu (95 each), Madhya Pradesh (87), Jharkhand (81), West Bengal (79), Delhi (71), Gujarat (57), Rajasthan (38), Kerala (34), Odisha (33), Haryana (31) etc. During the same period i.e. 2001 to 2011, sentences for 4,321 convicts were commuted from death penalty to life imprisonment. This clearly indicates that thousands of convicts remain on death row. The highest number of capital punishment commuted to life imprisonment was in Delhi (2462), Uttar Pradesh (458), Bihar (343), Jharkhand (300), Maharashtra (175), West Bengal (98), Assam (97), Odisha (68), Madhya Pradesh (62), Uttaranchal (46), Rajasthan (33), Tamil Nadu, Punjab and Chhattisgarh (24 each), Haryana and Kerala (23 each), Jammu and Kashmir (18) etc. Asian Centre for Human Rights urges the Government of India to abolish death penalty, among others, for the following reasons: First, there is no scientific or empirical basis to suggest that death penalty acts as a deterrent against any crime. The execution of Nathuram Vinayak Godse for assassination of none other than the father of the nation, Mahatma Gandhi, has not acted as a deterrent against assassination of many prominent political leaders including former Prime Ministers Indira Gandhi and Rajiv Gandhi, former Chief Minister Beant Singh, Member of Parliament Lalit Maken and many other prominent political leaders. On the other hand, though no execution had been carried out since the execution of Dhananjoy Chatterjee on 14 August 2004, the number of murder cases have been reducing. According to the National Crimes Record Bureau, in 2001 a total of 36,202 murder cases were registered in India. Though the population of India increased from 1.028 billion in 2001 to 1.21 billion in 2011, the murder cases indeed reduced to 34,305 in 2011.1 Second, death penalty is irreversible and irrevocable. Judges are human beings and to err is human. India is replete with erred judgements. Therefore, death penalty must be abolished to ensure that no innocent person is executed. Third, as Mahatma Gandhi said, “An eye for an eye will leave everyone blind.” Justice must not be seen to be retributive. Fourth, justice is meant for reform. Death penalty denies the opportunity to reform. Fifth, justice is not synonymous of death penalty, and death penalty cannot be the only means or form of justice. Sixth, about 140 countries have abolished the death penalty by 2012. These countries have not become more vulnerable than India or any other country which retains death penalty. Finally and most importantly, India must follow its own civilisational values. Mythologies of India are full of stories of criminals being reformed. Valmiki, the author of the epic Ramayana, was a highway robber known as Ratnakara until he came under the influence of Maharshi Narada to leave the paths of sin. Similarly, according to Buddhist literature, Daku Angulimala (“dacoit who wears finger necklace/garland”) was a ruthless killer who was redeemed by a sincere conversion to Buddhism. Details: New Delhi: ACHR, 2013. 20p. Source: Internet Resource: Accessed July 16, 2013 at: http://www.achrweb.org/reports/india/IndiaDeathPenaltyReport2013.pdf Year: 2013 Country: India URL: http://www.achrweb.org/reports/india/IndiaDeathPenaltyReport2013.pdf Shelf Number: 129415 Keywords: Capital PunishmentDeath Penalty (India)Human Rights |
Author: Potrafke, Niklas Title: Policies against Human Trafficking: The Role of Religion and Political Institutions Summary: I investigate empirically the role of religion and political institutions in policies against human trafficking, using the new 3P Anti-trafficking Policy Index. The dataset contains 175 countries. The results show that governments in countries with Christian majorities implement stricter anti-trafficking policies than countries with Muslim majorities. The differences between countries with Christian and Muslim majorities is pronounced in dictatorships but less so in democracies. The influence of religion on the overall 3P Anti-trafficking Policy Index is driven by protection and prevention policies. As compared to prosecution policies that mainly target the perpetrators of human trafficking, protection and prevention policies mainly protect the victims of human trafficking, i.e. predominantly women. The conclusions are consistent with other empirical findings regarding the association between religion, political institutions, and human development. Details: Munich: Center for Economic Studies & Ifo Institute, 2013. 43p. Source: Internet Resource: CESIFO WORKING PAPER NO. 4278: Accessed July 17, 2013 at: http://ideas.repec.org/p/ces/ceswps/_4278.html Year: 2013 Country: International URL: http://ideas.repec.org/p/ces/ceswps/_4278.html Shelf Number: 129423 Keywords: Human RightsHuman Trafficking (International)Religion |
Author: Salla, Fernando Title: Democracy, Human Rights and Prison Conditions in South America Summary: Provided with every legal right, the arrest of individuals and the restriction of their freedom can occur in different situations: individuals that were sentenced by court, individuals suspected of perpetrating a crime, individuals waiting trial, migrants waiting deportation. Nevertheless, the sites of detention are only object of concern domestically or even internationally when prisons are used as an instrument against political rivals during authoritarian regimes that remove from the political arena the democratic rules. Every time there is a routine arrest, mainly of ordinary offenders, prisons become territories of little interest for the public opinion, they have little social visibility, little relevance to the media, little importance to public policies, and only find some room in the political debate when the seriousness of prison conditions reach such levels that can no longer be hidden or ignored. Although bad detention conditions are found even in countries with consolidated democracies, more serious violations, the extremely bad conditions of existence in such environments – unhealthy conditions, overcrowded cells, abuse, and torture – are found in the prisons in those countries with weak democratic organizations, few controls in the hands of civil society, and heavy social and economic inequalities South America can be presented as an example of such region where continuous violations of human rights in the prisons have a close relationship sometimes with the difficulties to run a democratic regime, with the continuous development of authoritarian regimes that were present throughout their history, and sometimes with the deep impacts of poverty and social inequalities. Between 1960 and 1990, several military regimes like those in Brazil, Argentina, and Chile were responsible for many iniquities, among which imprisonment, torture, and the death of political opponents. In the past twenty years, though, the region is in a considerable political stability. Although the authoritarian culture has not been totally overcome, democratic regimes predominate with free elections and continuous renewal of administrations in most of the countries. The new legal statute in these countries does not accept the existence of political prisoners or of prisoners of conscience any more. Nevertheless, currently ordinary prisoners are subject to conditions that hurt human dignity in the prisons, where essential principles established in local legislations are not respected, and basic provisions in international instruments of protection and promotion to human rights are violated. This paper attempts to point out and analyze the political, social, and cultural reasons presents in the contemporary world and that provide the grounds on which ordinary prisoners are subject to severe imprisonment conditions. It also tries to understand how democratic regimes accept the serious violations of human rights that are practiced and that hurt human dignity on a daily basis in such places. It also tries to promote a reflexion on that issue of deep social inequalities in these new democracies that promote disrespect to basic requirements for a dignified life for all citizens, and how such inequalities are related to mass imprisonment. And last but not least, considering the scope of values, perceptions, and sensitivities, it tries to understand how feelings of intolerance and of vengeance grow against these offenders, feelings that are translated into severe life conditions in prisons, into long periods of imprisonment, into harsher disciplinary regimes, just like the support to overdated punishment methods, death penalties, and public exposure of sentenced prisoners has increased. Details: Sao Paulo, Brazil: University of Sao Paulo, 2009. 155p. Source: Internet Resource: Accessed July 23, 2013 at: http://www.udhr60.ch/report/detention_salla0609.pdf Year: 2009 Country: South America URL: http://www.udhr60.ch/report/detention_salla0609.pdf Shelf Number: 129492 Keywords: Human RightsPrisonersPrisons (South America) |
Author: Geddes, Alistair Title: Forced Labour in the UK Summary: Forced labour in the UK is a significant, though hidden, and probably growing problem. The study reviewed data on forced labour, human trafficking and workplace exploitation, and found that the UK has to do more to tackle forced labour. ◾Available evidence suggests the number of people in the UK experiencing forced labour may run into thousands. Many are entitled to work here, being EU migrants and UK citizens. ◾Likely elements within forced labour include low-skill manual and low-paid work; temporary agency work; specific industrial sectors; and certain non-UK migrant workers. ◾The definition and scope of forced labour are poorly understood, including differences between human trafficking, slavery and exploitation. Consensus is needed on forced labour indicators for assessing the scope and scale of forced labour in the UK, and to assist legal proceedings. Relatively little case law exists. ◾Forced labour and trafficking form part of more general labour exploitation, requiring effective criminal justice and workplace rights interventions, and not being seen as an immigration issue. ◾A strategic approach is needed to tackle forced labour, ensuring that the most vulnerable workers and sectors are properly protected. Details: York, UK: Joseph Rowntree Foundation, 2013. 164p. Source: Internet Resource: Accessed August 10, 2013 at: http://www.jrf.org.uk/sites/files/jrf/Forced%20Labour%20in%20the%20UK%20FINAL%20prog%20paper.pdf Year: 2013 Country: United Kingdom URL: http://www.jrf.org.uk/sites/files/jrf/Forced%20Labour%20in%20the%20UK%20FINAL%20prog%20paper.pdf Shelf Number: 129605 Keywords: Forced Labor (U.K.)Human RightsHuman TraffickingImmigrants |
Author: x:talk project Title: Human Rights, Sex Work and the Challenge of Trafficking: Human Rights Impact Assessment of Anti-Trafficking Policy in the UK Summary: This report was produced by the x:talk project and the main findings reflect the experiences and views of people working in the sex industry in London. The x:talk project is a grassroots sex worker rights network made up of people working in the sex industry and allies. In addition to providing free English classes to migrant sex workers, we support critical interventions around issues of migration, race, gender, sexuality and labour, we participate in feminist and anti-racist campaigns and we are active in the struggle for the rights of sex workers in London, the UK and globally. The x:talk project has been developed from our experiences as workers in the sex industry. x:talk is sex worker-led not because we think that being a 'sex worker' is a fixed identity, but because we believe that those who experience the material conditions of the sex industry are in the best position to know how to change it. This report demonstrates that for the human rights of sex workers to be protected and for instances of trafficking to be dealt with in an effective and appropriate manner, the co-option of anti-trafficking discourse in the service of both an abolitionist approach to sex work and an anti-immigration agenda has to end. Instead there needs to be a shift at the policy, legal and administrative levels to reflect an understanding that the women, men and transgender people engaged in commercial sexual services are engaged in a labour process. The existing focus in anti-trafficking policy on migration, law enforcement and on the sex industry does not address the needs, choices and agency of trafficked people, whether they work in the sex industry or elsewhere, and prevents migrant and non-migrant people working in the sex industry from asserting fundamental rights. Details: London: x:talk project, 2010. 62p. Source: Internet Resource: Accessed October 28, 2013 at: http://www.xtalkproject.net/wp-content/uploads/2010/12/reportfinal1.pdf Year: 2010 Country: United Kingdom URL: http://www.xtalkproject.net/wp-content/uploads/2010/12/reportfinal1.pdf Shelf Number: 131492 Keywords: Human RightsHuman TraffickingProstitutesProstitutionSex Work (U.K.) |
Author: Lucey, Amanda Title: A Review of the Use of Arrest, the Use of Detention and Conditions in Detention in South Sudan: Legislation, Practice and Accountability Summary: On 9 July 2011 South Sudan became an independent nation following a 2005 peace agreement that ended decades of civil war between the north and the south. While the future looks promising for the country, and legal frameworks have been put in place to promote this new democracy, the greatest challenges for the rule of law lie in the need to strengthen state structures, train and reform the police, protect human rights and address accountability. This study examines a range of laws and policies in South Sudan relating to arrest and detention within the context of international standards, and reviews these in terms of their ability to act as procedural safeguards. This paper analyses the factors that prevent the criminal justice system from functioning according to written laws and policies, and also looks at accountability and oversight mechanisms. There are several key pieces of legislation in South Sudan that relate to arrest and detention, most notably the Transitional Constitution of South Sudan (2011) and the Code of Criminal Procedure Act (2008). The Transitional Constitution (2011) sets out a comprehensive Bill of Rights that promotes life and human dignity, personal liberty, equality before the law, the right to a fair trial and freedom from torture. The Code of Criminal Procedure Act (2008) sets out the procedures for arrests and detentions and allocates powers to the relevant authorities. While the laws of South Sudan are consonant with the requirements of the international framework in many regards, a number of factors prevent these laws from being followed in practice. This study examines a number of factors that play a role in arbitrary arrests, including political interference, inadequate training of police, discrimination and corruption. Furthermore, the complications of coexisting customary and statutory systems, and the application of the customary system to cases required by law to be dealt with by the statutory system, is a further factor that influences arbitrary arrests. In terms of detention, a number of factors influence the inability of the criminal justice system to observe procedural safeguards and these include poor case tracking, an enormous backlog of cases and corruption. Conditions of detention are also far removed from international standards. Detention cells are overcrowded and dilapidated and there is little provision for vulnerable groups. Because of limited infrastructure, police cells are often used as prisons and there is limited access to medical services. Detainees are often left without food and water, either due to a lack of funds or corruption, and rely on families to provide food. There is little oversight in terms of police detention. The right to a fair trial is also problematic as the Legal Aid Strategy is limited only to those accused of serious offences, and the Strategy has yet to be implemented. While oversight and accountability mechanisms can play an important role in addressing the problems noted in relation to arrest, detention and conditions in detention, both internal mechanisms in the police, as well as external mechanisms such as the South Sudan Human Rights Commission and the Anti-Corruption Commission, are currently inadequate. Details: Mowbray, South Africa: African Policing Civilian Oversight Forum, 2013. 24p. Source: Internet Resource: APCOF Policy Paper no. 5: Accessed October 28, 2013 at: http://www.apcof.org/files/6108_Pretrial_Detention_South_Sudan.pdf Year: 2013 Country: Sudan URL: http://www.apcof.org/files/6108_Pretrial_Detention_South_Sudan.pdf Shelf Number: 131496 Keywords: Arrest and Apprehension Human RightsPretrial Detention (South Sudan) |
Author: Edwards, Louise Title: Pre-Trial Justice in Africa: An Overview of the Use of Arrest and Detention, and Conditions of Detention Summary: Arbitrary arrest and detention, and poor conditions of pre-trial detention are prevalent but underexamined areas of criminal justice practice and reform. Approximately 43.3% of detainees across Africa are pre-trial detainees, with statistics ranging from 7.9% of the total prison population in Namibia, to 88.7% in Libya. These statistics are unlikely to include detainees in police detention facilities, and may therefore be significantly higher. Pre-trial detainees often exist in the shadows of the criminal justice system, as their detention and treatment are not generally subject to the same levels of judicial and other oversight as sentenced prisoners. Overall, pre-trial detainees experience poorer outcomes than sentenced prisoners in relation to conditions of detention, the risk of torture and other ill-treatment, susceptibility to corruption, and experience conditions of detention that do not accord with the rights to life, humane treatment and the inherent dignity of the person. Pre-trial detention has a disproportionate impact on the most vulnerable and marginalised, with pre-trial detainees more likely to be poor and without means to afford legal assistance or to post bail or bond. The over-use of pre-trial detention, and conditions of detention that do not accord with basic minimum standards, undermines the rule of law, wastes public resources and endangers public health. This study provides an overview of the challenges to achieving a rights-based approach to the use of arrest and detention by the police across Africa. It sets out the general principles of international law in relation to the procedural safeguards for arrest and detention and minimum standards for conditions of detention, and examines whether, and why, reports of arbitrary arrest and detention, and poor conditions of detention in police facilities persist across the African continent. The paper is structured as follows: - Part A: Introduction and methodology - Part B: The use of arrest - Part C: The use of pre-trial detention in police custody - Part D: Conditions of detention in police facilities - Part E: Conclusion and recommendations. The report concludes with a number of recommendations aimed at promoting a rights-based approach to arrest and detention. Specifically, it proposes that the African Commission on Human and Peoples' Rights (ACHPR) use its mandate to 'formulate and lay down principles and rules' in relation to human rights to adopt a dedicated set of guidelines on pre-trial detention that promotes the implementation of a rights-based approach to arrest and detention across the continent. Details: Mowbray, South Africa: African Policing Civilian Oversight Forum, 2013. 28p. Source: Internet Resource: APCOF Policy Paper no. 7: Accessed October 28, 2013 at: http://www.apcof.org/files/8412_Pretrial_TrialJustice_Overview_in_Africa.pdf Year: 2013 Country: Africa URL: http://www.apcof.org/files/8412_Pretrial_TrialJustice_Overview_in_Africa.pdf Shelf Number: 131497 Keywords: Arrest and ApprehensionHuman RightsPretrial DetentionPrison Prisoners |
Author: Bachir, Talfi Idrissa Title: Arrest and Pre-trial Detention in Niger: A review of domestic legislation Summary: Police detention is a measure that allows an officer of the criminal investigation department of the police 'to detain one or more persons', either 'for purposes of investigation' or because there 'is sufficient reliable and consistent evidence against the person to justify pressing charges'. The period of detention may not exceed 48 hours, unless expressly extended. The purpose of pre-trial detention therefore is to prevent a person suspected of having committed or attempting to commit an offence from fleeing and/or disposing of evidence, or from influencing witnesses. Given that this constitutes a deprivation of liberty, pre-trial detention may create risks for the infringement of a range of fundamental human rights. Therefore, those held in custody require guarantees that their rights will be protected, and that their detention is indeed a temporary measure. This review examines the legal framework relating to the use of arrest and pre-trial detention by the police in Niger. A detailed review of the current domestic legislative regime is provided, and this is supported by a review of how this relates to the international framework. Details: Mowbray, South Africa: African Policing Civilian Oversight Forum, 2013. 16p. Source: Internet Resource: APCOF Policy Paper no. 6: Accessed October 28, 2013 at: http://www.apcof.org/files/3597_Pretrial_Detention_Niger.pdf Year: 2013 Country: Niger URL: http://www.apcof.org/files/3597_Pretrial_Detention_Niger.pdf Shelf Number: 131498 Keywords: Arrest and ApprehensionHuman RightsPretrial Detention (Niger) |
Author: Labour Rights Clinic Title: Modern Slavery: A Study of Labour Conditions in Yangon's Industrial Zones 2012-2013 Summary: A report by Construction-based Labor Union, Cooperation Program of Independent Laborers, Labour Rights Clinic, Workers Support Group and other labour rights groups highlighting how violations of workers' rights, including long work hours and low wages, oppression of labour unions, unsafe working conditions, lack of protection for women workers, minimum legal protection and corruption, have created a culture of modern slavery. The report also offers insight into the daily life and struggle of workers and how Myanmar's current legal framework is unable to protect their rights and how employers exploit workers by paying bribes to authorities and imposing crippling restrictions on unions. Workers in Yangon's (Rangoon) 13 industrial zones work in unsafe, hot, overcrowded factories, typically for around 11 hours per day, 6 days per week. Despite new labour unions, workers' rights are not adequately protected by law. Striking workers and labour activists are routinely threatened, intimidated, or dismissed by employers. Details: Burma: Labour Rights Clinic, 2013. 45p. Source: Internet Resource: Accessed April 24, 2014 at: http://burmacampaign.org.uk/media/Modern-Slavery.pdf Year: 2013 Country: Burma URL: http://burmacampaign.org.uk/media/Modern-Slavery.pdf Shelf Number: 132171 Keywords: Human RightsWorker Exploitation |
Author: Schulze, Erika Title: Sexual Exploitation and Prostitution and its Impact on Gender Equality Summary: The objective of this briefing paper is to provide background information drawn from the international literature on sexual exploitation and prostitution and its impact on gender equality in relation to the report of the Women's Rights and Gender Equality Committee. The study concentrates on the debate on whether prostitution could be voluntary or has rather to be regarded in any case as a violation of women's human rights. It also presents an overview of the policies on prostitution in the Member States as well as four case studies: Germany, the Netherlands, Spain, and Sweden. Conclusions are presented with the view to enhance the debate. Details: Brussels: European Parliament, 2014. 89p. Source: Internet Resource: Accessed May 5, 2014 at: http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493040/IPOL-FEMM_ET(2014)493040_EN.pdf Year: 2014 Country: Europe URL: http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493040/IPOL-FEMM_ET(2014)493040_EN.pdf Shelf Number: 132245 Keywords: Gender Human RightsHuman TraffickingProstitutesProstitutionSex TraffickingSexual Exploitation |
Author: Amnesty International Title: Spain: The Right to Protest Under Threat Summary: In Spain, the economic crisis, austerity measures and cuts in basic social services have led thousands of people to take to the streets in recent years. Despite the peaceful nature of the overwhelming majority of demonstrations, there were reports of excessive use of force and ill-treatment by police, an increase in the number of fines being issued for participating in protests and abuses by law enforcement officials against journalists reporting on the rallies. The Spanish authorities have also expressed their intention to impose further restrictions on the holding of demonstrations, proposing amendments to the legislation directly affecting the exercise of this right. This report lays out Amnesty International's concerns in relation to the restrictions imposed on freedom of expression and peaceful assembly in the context of demonstrations in Spain. It concludes that police used excessive force both through the misuse of anti-riot equipment during demonstrations and while detaining protestors. The report documents cases of ill-treatment of individuals under police custody, and highlights a number of concerns about the inadequate investigations being carried out by the authorities into alleged human rights violations committed by law enforcement officials. Details: London: Amnesty International, 2014. 84p. Source: Internet Resource: Accessed May 6, 2014 at: http://www.amnesty.ch/de/laender/europa-zentralasien/spanien/dok/2014/demonstrationsfreiheit-unter-druck/bericht-spain-the-right-to-protest-under-threat-.-april-2014.-84-seiten Year: 2014 Country: Spain URL: http://www.amnesty.ch/de/laender/europa-zentralasien/spanien/dok/2014/demonstrationsfreiheit-unter-druck/bericht-spain-the-right-to-protest-under-threat-.-april-2014.-84-seiten Shelf Number: 132256 Keywords: Demonstrations and ProtestsHuman RightsPolice MisconductPolice Use of Force |
Author: Enggist, Stefan Title: Prisons and Health Summary: This book outlines important suggestions by international experts to improve the health of people in prison and to reduce the risks posed by imprisonment to both health and society. In particular, it aims to facilitate better prison health practices in the fields of: -human rights and medical ethics; -communicable diseases; -noncommunicable diseases; -oral health; -risk factors; -vulnerable groups; and -prison health management. It is aimed at professional staff at all levels of responsibility for the health and well-being of detainees and at people with political responsibility. The term "prison" covers all institutions in which a state holds people deprived of their liberty. Details: Copenhagen: World Health Organization, Regional Office for Europe, 2014. 189p. Source: Internet Resource: Accessed June 16, 2014 at: http://www.euro.who.int/__data/assets/pdf_file/0005/249188/Prisons-and-Health.pdf?ua=1 Year: 2014 Country: International URL: http://www.euro.who.int/__data/assets/pdf_file/0005/249188/Prisons-and-Health.pdf?ua=1 Shelf Number: 132461 Keywords: Health CareHuman RightsMedical CarePrison ViolencePrisoner Health |
Author: International Federation for Human Rights (FIDH) Title: Colombia. The War is Measured in Litres of Blood Summary: Colombia has been enduring an internal armed conflict for fifty years. In the conflict members of insurgent groups (guerrillas) have clashed with the National Army and paramilitary groups. Under these conditions, serious human rights violations and international crimes have been committed. Since November 1, 2002, Colombia is party to the Rome Statute, setting up the International Criminal Court (ICC). According to the principle of complementarity established by that statute, Colombia is obliged to investigate and prosecute those responsible for the crimes considered therein, namely, genocide, crimes against humanity, and war crimes. The ICC went into operation in July 2002, when its Statute went into effect. Since ICC General Prosecutor took office in June, 2003 Colombia has been under "preliminary analysis", but this was made public only in 2006. The International Federation for Human Rights (FIDH) and one of its member organizations in Colombia, the Jose Alvear Restrepo Lawyers Collective (CAJAR), have been working in research, advocacy, and support for victims of international crimes before the ICC since 2005. According to article 15 of the Rome Statute, interested parties (victims, non-governmental organizations, etc.) may submit to the ICC Office of the Prosecutor statements indicating crimes within the Court's jurisdiction. The FIDH and the CAJAR have submitted twelve communications of this kind to the ICC Office of the Prosecutor since June 2005. During this period the FIDH and the CAJAR were engaged in dialogue with the ICC Office of the Prosecutor and they continue to do so. This communication and careful monitoring of the policy of the Prosecutor's Office with regard to the situations under preliminary analysis and particularly the situation in Colombia, has enabled the FIDH to monitor the evolution of the analysis carried out by the ICC Office of the Prosecutor. One of the observations that has emerged repeatedly during the dialogue between the FIDH and the ICC Office of the Prosecutor has been the need to identify the highest-level people responsible for the most serious crimes committed in Colombia which are under the jurisdiction of the ICC. It is appropriate to recall here that the ICC Office of the Prosecutor has made the investigation and prosecution of top commanders a key element of its policy. This is the context in which the FIDH transmitted this report to the ICC Office of the Prosecutor along with two confidential attachments which identify those most responsible. The preliminary analysis is governed by article 53, paragraph 1 of the ICC Statute. In accordance with this provision, the ICC Office of the Prosecutor carries out analysis in three stages and in the following order: first, it must be determined whether crimes within the competence of the ICC have been committed; second, an analysis of admissibility is carried out, including analysis of the gravity of the phenomenon and the test of complementarity; finally, it is determined whether an investigation is in the interests of justice in the particular case. Details: Paris: FIDH, 2012. 60p. Source: Internet Resource: Accessed June 16, 2014 at: http://www.fidh.org/IMG/pdf/rapp_colombie__juin_2012_anglais_def.pdf Year: 2012 Country: Colombia URL: Shelf Number: 132475 Keywords: Criminal ProsecutionExtrajudicial Executions (Colombia)GuerrillasHuman RightsParamilitary GroupsViolence |
Author: European Union Agency for Fundamental Rights (FRA) Title: Criminalisation of Migrants in an Irregular Situation and of Persons Engaging with Them Summary: This paper examines the sanctions applied to counteract irregular migration, building on previous work by the European Union Agency for Fundamental Rights (FRA) on the rights of migrants in an irregular situation. It looks first at the punishments used for irregular entry or stay, when persons enter or stay in a territory although they are not authorised to do so. It examines, in particular, the custodial penalties for irregular entry or stay for persons to whom the safeguards of the EU Return Directive should apply. It then examines the risk that those who help such migrants or rent out accommodation to them are punished for smuggling human beings, or facilitating their entry or stay. The paper compares EU Member States' legislation and case law in this field, analysing the findings in light of relevant EU law. Based on this analysis, the paper proposes changes to policies against the smuggling of human beings, to render them more sensitive to fundamental rights. Details: Vienna: FRA (European Union Agency for Fundamental Rights), 2014. Source: Internet Resource: Accessed July 19, 2014 at: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Year: 2014 Country: Europe URL: http://fra.europa.eu/en/publication/2014/criminalisation-migrants-irregular-situation-and-persons-engaging-them Shelf Number: 132718 Keywords: Human RightsHuman SmugglingIllegal MigrantsImmigrationImmigration EnforcementMigrants |
Author: Verite Title: Labor and Human Rights Risk Analysis of the Guatemalan Palm Oil Sector Summary: Fifty million tons of palm oil are produced each year, and that volume is growing exponentially. Demand for palm oil continues to rise across the globe, as an affordable cooking oil, an input to an estimated 50 percent of grocery products, and an emerging biofuel. But the production of palm oil has been linked to troubling social and environmental problems, including the presence of forced labor and human trafficking in its supply chain. Verite is combating these abuses, and promoting ethical labor practice in palm oil production, by helping companies and other stakeholders understand the problem, identify it in the supply chain, and build effective solutions. This primer explains forced labor and human trafficking as it relates to the palm oil industry and identifies common indicators of the abuse workers endure. It also sheds light on steps companies can take to combat these problems in their supply chains. Details: Amherst, MA: Verite, 2014 135p. Source: Internet Resource: Accessed August 4, 2014 at: http://www.verite.org/sites/default/files/images/RiskAnalysisGuatemalanPalmOilSector_0.pdf Year: 2014 Country: Guatemala URL: http://www.verite.org/sites/default/files/images/RiskAnalysisGuatemalanPalmOilSector_0.pdf Shelf Number: 132872 Keywords: Forced LaborHuman RightsHuman Trafficking (Guatemala) |
Author: Title: Venezuela: Dangerous Inertia Summary: The streets of Venezuela's major cities are now largely calm, following several months of violent clashes between opposition demonstrators, security forces and civilian gunmen that left more than 40 dead. The crisis, however, is not over. The opposition is demanding freedom for several dozen activists jailed during the unrest and an end to the threat of prosecution against more than 2,000. The underlying causes have not been addressed, and calls to restore autonomy and independence to the justice system and other key institutions have not been heeded. Living standards continue to decline due to economic recession; violent crime remains at record levels, and labour unrest and protests over poor-quality public services are often dealt with harshly. Greater international efforts are required to bring the sides back to the negotiating table, since the alternative to dialogue is likely to be further violence sooner or later. Talks between the government and leaders of the opposition Democratic Unity (MUD) alliance, facilitated by the Union of South American Nations (UNASUR) and the Vatican broke down in May 2014, when the MUD announced a "freeze" on its participation, citing repression of student protesters. The internal dissent faced by the MUD - whose executive secretary and deputy executive secretary recently resigned - and the ruling United Socialist Party of Venezuela (PSUV) has further complicated returning the parties to negotiations. The UNASUR foreign ministers charged with accompanying the process (from Brazil, Colombia and Ecuador) have not formally met with them since shortly after the talks broke down. It remains important for the international community to play a role in facilitating the political dialogue and to suggest avenues for agreement on pending tasks. The recent appointment of a new UNASUR Secretary General should provide a renewed impetus. Furthermore, this regional organisation would greatly benefit from technical and political support from the UN system, which has much greater experience of advising on public policies and legal reforms, as it did in Venezuela in 2002. This assistance might initially focus, for example, on reinforcing the capacity of UNASUR to produce analysis and policy recommendations and, at a later stage, on helping to design a credible framework for talks. Both sides, as well as Venezuelan society at large, would benefit. The opposition clearly requires an impartial observer, able to offer reassurances, while the government would benefit by bringing in credible external actors, such as UNASUR, to bolster it in some of the difficult decisions it faces. The most urgent of the pending tasks is to complete the appointment of respected, independent figures to the Supreme Court (TSJ), the electoral authority (CNE) and other constitutionally autonomous state bodies - a process that received a boost from the initial round of talks but now threatens to become bogged down. With the government's popularity suffering in the crisis, the need for autonomous institutions capable of fulfilling their constitutional roles is becoming ever more critical. As Crisis Group has argued since May, the international community - particularly UNASUR but including also the UN system - needs to: - press both sides to agree on a concise, viable timeframe and a trustworthy mechanism for appointing new members of the key rule-of-law institutions; - urge the government to release those detained for non-violent political protest; - call on the opposition to reassert and act on its commitment to resort exclusively to constitutional channels; and - redouble, through UNASUR and with the assistance of the UN system, efforts to help Venezuela move beyond its current polarisation in order to promote democracy, human rights and stability in a country still very much in crisis. Details: Caracas/Bogota/Brussels: International Crisis Group, 2014. 16p. Source: Internet Resource: Latin America Briefing No. 31: Accessed September 23, 2014 at: http://www.crisisgroup.org/~/media/Files/latin-america/venezuela/b031-venezuela-dangerous-inertia.pdf Year: 2014 Country: Venezuela URL: http://www.crisisgroup.org/~/media/Files/latin-america/venezuela/b031-venezuela-dangerous-inertia.pdf Shelf Number: 133386 Keywords: Court SystemHuman RightsJustice System (Venezuela)ProsecutionViolent Crime |
Author: United Nations Office on Drugs and Crime (UNODC) Title: Human Rights and Criminal Justice Responses to Terrorism Summary: The United Nations Office on Drugs and Crime is mandated to provide assistance to requesting countries in the legal and criminal justice aspects of countering terrorism. Its Terrorism Prevention Branch is leading this assistance delivery, primarily by assisting countries to ratify the international legal instruments against terrorism, incorporate their provisions in national legislation and build the capacity of the national criminal justice system to implement those provisions effectively, in accordance with the rule of law, including human rights. The Counter-Terrorism Legal Training Curriculum is one of the tools developed by the Branch for transferring the knowledge and expertise needed to strengthen the capacity of national criminal justice officials to put the universal legal framework against terrorism into practice. This knowledge transfer is pursued through: - Direct training of criminal justice officials - Train-the-trainers activities - Supporting national training institutions of criminal justice officials (schools of judges and prosecutors, law enforcement academies and other relevant institutions) to develop/ incorporate counter-terrorism elements in their curricula The Curriculum consists of several modules, each dealing with specific thematic areas of the legal and criminal justice aspects of countering terrorism. Its first five modules are: - Module 1. Counter-Terrorism in the International Legal Context (under preparation) - Module 2. The Universal Legal Framework Against Terrorism (issued) - Module 3. International Cooperation in Criminal Matters: Counter-Terrorism (issued) - Module 4. Human Rights and Criminal Justice Responses to Terrorism (this issue) - Module 5. Transport related (civil aviation and maritime) Terrorism Offences (being issued) Details: New York: UNODC, 2014. 222p. Source: Internet Resource: Counter-Terrorism Legal Training Curriculum MODULE 4 Accessed May 13, 2015 at: http://www.unodc.org/documents/terrorism/Publications/Module_on_Human_Rights/Module_HR_and_CJ_responses_to_terrorism_ebook.pdf Year: 2014 Country: International URL: http://www.unodc.org/documents/terrorism/Publications/Module_on_Human_Rights/Module_HR_and_CJ_responses_to_terrorism_ebook.pdf Shelf Number: 135623 Keywords: Counter-TerrorismHuman RightsNational SecurityTerrorism |
Author: Donnelly, Robert Title: Transit Migration in Mexico: Domestis and International Policy Implications Summary: The recent surge in Central American migration has challenged Mexico to implement policies that uphold human rights for migrants (especially unaccompanied children) who are passing through the country while also deterring unauthorized crossings at the southern border and cracking down on human smuggling and trafficking. However, finding the appropriate balance for these policies - with a humanitarian focus on the one hand and meeting larger "security concerns" on the other hand - has been elusive for the Mexican government. This essay discusses the historical and political context of Mexico's various policy responses to the spike in Central American migration through Mexico toward the United States and analyzes related implications for the country's relationships with the United States and its Central American neighbors. Details: Houston, TX: James A. Baker III Institute for Public Policy, Rice University, 2014. 20p. Source: Internet Resource: Accessed May 21, 2015 at: http://bakerinstitute.org/media/files/files/4a32803e/MC-pub-TransitMigration-120214.pdf Year: 2014 Country: Mexico URL: http://bakerinstitute.org/media/files/files/4a32803e/MC-pub-TransitMigration-120214.pdf Shelf Number: 135741 Keywords: Border SecurityHuman RightsHuman SmugglingHuman TraffickingImmigrantsImmigrationImmigration Policy |
Author: Baird, Theodore Title: Understanding human smuggling as a human rights issue Summary: Governments typically view human smuggling as an issue of law enforcement and border control. Instead, human smuggling should be viewed as a human rights issue. Policy recommendations State responses to human smuggling: 1. Improve identification of who has been victimised by violence or fraud. This should be a key priority of law enforcement when apprehending 'survival migrants' using smuggling services. 2. Improve awareness of human smuggling through training of police, lawyers, members of civil society and the public. 3. Implement and enforce legislation that can provide protection to smuggled migrants. 4. Potential migrants should be educated in countries of origin, transit, and destination to raise their awareness of the risks involved as well as in how to contact police in case they find themselves subject to violence, fraud or kidnapping. 5. Improve the number of reception areas for minors without documents. Details: Copenhagen: Danish Institute for International Studies, 2013. 4p. Source: Internet Resource: DIIS Policy Brief: Accessed May 26, 2015 at: http://www.diis.dk/files/media/publications/import/extra/pb2013_understanding_human_smuggling_baird_webversion_1.pdf Year: 2013 Country: International URL: http://www.diis.dk/files/media/publications/import/extra/pb2013_understanding_human_smuggling_baird_webversion_1.pdf Shelf Number: 129736 Keywords: Human RightsHuman SmugglingImmigrantsImmigration |
Author: Amnesty International Title: Generation Jail: Egypt's Youth Go From Protest to Prison Summary: A continuing onslaught against young activists by the Egyptian authorities is a blatant attempt to crush the spirit of the country's bravest and brightest young minds, and nip in the bud any future threat to their rule, said Amnesty International in a new briefing published today. Generation Jail: Egypt's Youth Go From Protest to Prison focuses on the cases of 14 young people who are among thousands who have been arbitrarily arrested, detained and jailed in Egypt over the past two years in connection with protests. The briefing shows that the country has reverted fully to being a police state. Details: London: AI, 2015. 32p. Source: Internet Resource: Accessed July 13, 2015 at: https://www.amnestyusa.org/sites/default/files/2015-06_-_generation_jail_with_pictures.pdf Year: 2015 Country: Egypt URL: https://www.amnestyusa.org/sites/default/files/2015-06_-_generation_jail_with_pictures.pdf Shelf Number: 136017 Keywords: Human RightsJuvenile DetentionPolice MisconductProtestors |
Author: Flynn, Matthew Title: Bureaucratic Capitalism and the Immigration Detention Complex Summary: The work of post-structuralist political philosopher Giorgio Agamben (1998,2005) has had a major influence on the study of immigration detention in Europe and elsewhere. In particular, his concepts homo sacer ("bare life") and "zones of exemption" depict the growth of immigration detention practices as an expression of sovereign power through inclusive exclusion. In other words, states demonstrate their power to confer rights upon their citizens by denying those rights to others. This paper argues that post-structuralist approaches to the study of immigration detention present a number of theoretical and conceptual problems. Post-structuralist analyses focusing on discourses divorced from actors present teleological problems in terms of theory. Additionally, poststructural accounts of detention centres using concepts such as homo sacer and Banoptican (see Bigo 2007) tend to conflate human rights and citizenship rights, which does not hold up empirically because many asylum seekers and irregular migrants still have access to legal redress. In contrast to post-structural accounts, the notion of "bureaucratic capitalism" developed by sociologist Gideon Sjoberg (1999) provides an analytical framework that is both critical and non-deterministic in explaining the motives of many actors involved in detention regimes. Specifically, immigration detention can be explained by employing conceptual frameworks used to assess the corporate-state nexus; human agency; rationalization processes like specialization and division of labour; hierarchy, responsibility, and blameability; and secrecy systems. Sjoberg's meso-level theory provides critical insights into detention regimes in the United States and Europe as well as the role of private- and public-sector interests seeking rents. Moreover, focusing on the organization of detention helps reveal the causes of human rights violations as well as their possible redress Details: Geneva, SWIT: Global Detention Project, 2015. 22p. Source: Internet Resource: Global Detention Project Working Paper No. 9: Accessed July 15, 2015 at: http://www.globaldetentionproject.org/fileadmin/publications/Matt_Flynn_GDP_Paper_2015.pdf Year: 2015 Country: International URL: http://www.globaldetentionproject.org/fileadmin/publications/Matt_Flynn_GDP_Paper_2015.pdf Shelf Number: 136065 Keywords: Human RightsIllegal ImmigrantsImmigrant DetentionUndocumented Citizens |
Author: Human Rights Watch Title: "They Burned It All": Destruction of Villages, Killings, and Sexual Violence Summary: In late April, 2015, South Sudan's government began a multi-pronged military campaign in Unity state to recapture territory under the control of rebels headed by the country's former vice president Riek Machar. In the course of the military operations in central Unity state, government forces, fighting alongside militia from the Bul Nuer ethnic group, committed serious violations of international law that may constitute both war crimes and crimes against humanity. The violations include killings of civilians, widespread violence against women and girls, including rape, the systematic pillage of civilian property including theft of cattle and routine burning of civilian homes and infrastructure. Government soldiers also killed civilians and burned civilian property during their attacks into southern Unity state. The result has been the forced displacement of tens of thousands of people who have lost the homes and food they need to survive. Based on over 170 interviews conducted in June and July with survivors and witnesses who were displaced by fighting or attacks on their villages, "They Burned It All": Destruction of Villages, Killings, and Sexual Violence in South Sudan's Unity State documents more than 60 unlawful killings of civilian women, men and children, including the elderly, some by hanging others by shooting, or being burned alive. Human Rights Watch calls on all parties to the conflict to immediately end the serious abuses that have persistently characterized South Sudan's current conflict, and for all stakeholders to take meaningful steps to provide justice to the victims through the establishment of an independent hybrid court and/or the jurisdiction of the International Criminal Court. Human Rights Watch also urges the United Nations Security Council and African Union to immediately impose a comprehensive arms embargo on South Sudan. Details: New York: HRW, 2015. 25p. Source: Internet Resource: Accessed July 24, 2015 at: https://www.hrw.org/sites/default/files/report_pdf/southsudan0715_web_0.pdf Year: 2015 Country: Sudan URL: https://www.hrw.org/sites/default/files/report_pdf/southsudan0715_web_0.pdf Shelf Number: 136157 Keywords: HomicidesHuman RightsViolence Against Women, Girls |
Author: Anderson, Bridget Title: Forced Labour and Migration to the UK Summary: The disaster in which 21 Chinese migrants died picking cockles in the treacherous tides off Morecambe Bay in February 2004 has led to increased public awareness of the abusive employment relations and poor living conditions of many migrants working in the United Kingdom. Press coverage of these issues can adopt a very mixed tone. On the one hand the migrants involved are depicted as 'victims' working in Dickensian conditions; the employers and ubiquitous gangmasters as morally reprehensible and, more often than not, foreign. On the other hand migrants are also frequently portrayed as persons benefiting from undeserved opportunities. However, this short exploratory report offers a new framework with which we might begin to discuss the problem of super-exploitation in the workplace, particularly that which affects migrant workers. The report begins by answering questions such as What are the indicators of forced labour? and Why do people become vulnerable to forced labour? Focussing on four sectors - agriculture, construction, care workers and contract cleaning - the report highlights issues such as health and safety, accommodation and subcontracting. A key finding is that future discussion must begin to separate the control of immigration and the protection of workers rights. Details: Oxford, UK: Center on Immigration Policy and Society, and London: Trades Union Congress, 2004. 68p. Source: Internet Resource: Accessed July 29, 2015 at: http://www.ituc-csi.org/IMG/pdf/Forced_labour_in_UK_12-2009.pdf Year: 2004 Country: United Kingdom URL: http://www.ituc-csi.org/IMG/pdf/Forced_labour_in_UK_12-2009.pdf Shelf Number: 136229 Keywords: Forced LaborHuman RightsHuman TraffickingImmigrationMigrantsOrganized Crime |
Author: Human Rights First Title: Disrupting the Supply Chain for Mass Atrocities. How to Stop Third-Party Enablers of Genocide and Other Crimes Against Humanity Summary: Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services-money, materiel, political support, and a host of other resources-that sustain large-scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers - individuals, commercial entities, and countries - in order to interrupt the supply chains that fuel mass violence against civilians. Details: New York: Human Rights First, 2011. 14p. Source: Internet Resource: Briefing Paper: Accessed August 25, 2015 at: https://www.humanrightsfirst.org/wp-content/uploads/pdf/Disrupting_the_Supply_Chain-July_2011.pdf Year: 2011 Country: International URL: https://www.humanrightsfirst.org/wp-content/uploads/pdf/Disrupting_the_Supply_Chain-July_2011.pdf Shelf Number: 136573 Keywords: GenocideHuman RightsMass AtrocitiesMass ViolenceOrganized Crime |
Author: Schujer, Maria Title: The impact of drug policy on human rights: The experience in the Americas Summary: This report highlights the different strategies used in countries across the Americas to tackle the drugs problem in the region. It discusses the prohibitionist approach which has led to militarisation, violence, criminalisation of drug use and users, mass incarceration and forced crop eradication campaigns. The so-called "War on Drugs" deployed in the last 50 years has had an enormous impact on the functioning of security, justice and prison systems in Latin America. Despite the high levels of violence that this battle has caused in some areas and its grave consequences, for many years it was not analyzed from a human rights perspective in local or international arenas. This scenario has begun to change. In March 2014, at the request of 17 organizations from 11 countries in the Americas, the Inter-American Commission on Human Rights (IACHR) held a regional thematic hearing on this topic, the first in the history of its 150 sessions. This publication expands on the assessment presented by those organizations. The prohibitionist paradigm has increased exponentially the militarization and violence associated with drug trafficking. By creating an enormous illegal market controlled by complex and increasingly powerful criminal groups, violent conflicts have intensified throughout the region, especially in impoverished areas where there has been a further deterioration of inhabitants' living conditions and increased stigmatization. These repressive policies tend to violate the human rights of thousands of people, above all those who face judicial proceedings and are sent to prison, where overcrowding and inhumane detention conditions are often the norm. Numerous studies have shown that these policies tend to disproportionately affect particularly vulnerable groups, and in that way, they reinforce and replicate discrimination and social exclusion Details: Buenos Aires, Argentina: Center for Legal and Social studies (CELS), 2015. 69p. Source: Internet Resource: Accessed August 28, 2015 at: https://dl.dropboxusercontent.com/u/64663568/library/the-impact-of-drug-policy-on-human-rights-CELS.pdf Year: 2015 Country: South America URL: https://dl.dropboxusercontent.com/u/64663568/library/the-impact-of-drug-policy-on-human-rights-CELS.pdf Shelf Number: 136526 Keywords: Drug EnforcementDrug PolicyDrug TraffickingHuman RightsWar on Drugs |
Author: International Crisis Group Title: Curbing Violence in Nigeria (III): Revisiting the Niger Delta Summary: Violence in the Niger Delta may soon increase unless the Nigerian government acts quickly and decisively to address long-simmering grievances. With the costly Presidential Amnesty Program for ex-insurgents due to end in a few months, there are increasingly bitter complaints in the region that chronic poverty and catastrophic oil pollution, which fuelled the earlier rebellion, remain largely unaddressed. Since Goodluck Jonathan, the first president from the Delta, lost re-election in March, some activists have resumed agitation for greater resource control and self-determination, and a number of ex-militant leaders are threatening to resume fighting ("return to the creeks"). While the Boko Haram insurgency in the North East is the paramount security challenge, President Muhammadu Buhari rightly identifies the Delta as a priority. He needs to act firmly but carefully to wind down the amnesty program gradually, revamp development and environmental programs, facilitate passage of the long-stalled Petroleum Industry Bill (PIB) and improve security and rule of law across the region. The Technical Committee on the Niger Delta, a special body mandated in 2008 to advance solutions to the region's multiple problems, proposed the amnesty program, whose implementation since 2009, coupled with concessions to former militant leaders, brought a semblance of peace and enabled oil production to regain pre-insurgency levels. However, the government has largely failed to carry out other recommendations that addressed the insurgency's root causes, including inadequate infrastructure, environmental pollution, local demands for a bigger share of oil revenues, widespread poverty and youth unemployment. Two agencies established to drive development, the Niger Delta Development Commission (NDDC) and the Ministry of Niger Delta Affairs (MNDA), have floundered. Two others mandated to restore the oil-polluted environment (particularly in Ogoni Land) and curb or manage hundreds of oil spills yearly, the Hydrocarbon Pollution Restoration Project (HYPREP) and the National Oil Spills Detection and Response Agency (NOSDRA), have been largely ineffective. The PIB, intended to improve oil and gas industry governance and possibly also create special funds for communities in petroleum-producing areas, has been stuck in the National Assembly (federal parliament) since 2009. In sum, seven years after the technical committee's report, the conditions that sparked the insurgency could easily trigger a new phase of violent conflict. The outcome of the presidential election has also heightened tensions. While most people in the region acknowledge that Jonathan lost, some former militant leaders and groups accept Buhari only conditionally. For instance, the Niger Delta People's Salvation Front (NDPSF), the civil successor to the militant Niger Delta People's Volunteer Force (NDPVF), claims Jonathan's ouster was the product of a conspiracy by northerners and the Yoruba from the South West against the Delta peoples and the South East. Apparently influenced by that view, some groups are resuming old demands, hardly heard during the Jonathan presidency, for regional autonomy or "self-determination". Local tensions generated by the polls also pose risks, particularly in Rivers state, where Governor Nyesom Wike (of ex-President Jonathan's People's Democratic Party, PDP) and ex-Governor Rotimi Amaechi (of President Buhari's All Progressives Congress, APC) are bitter foes. With many guns in unauthorised hands, politically motivated assassinations and kidnappings for ransom, already common, could increase. Policy and institutional changes are necessary but, if not prepared and implemented inclusively and transparently, could themselves trigger conflict. Buhari has declared that the amnesty program, which costs over $500 million per year, is due to end in December. He has terminated petroleum pipeline protection contracts that Jonathan awarded to companies owned by ex-militant leaders and the Yoruba ethnic militia, O'odua People's Congress (OPC), and may streamline the Delta's inefficient development-intervention agencies. He may also withdraw the PIB from parliament for revision. Some of this is desirable, even inevitable, but a number of former militant leaders and other entrenched interests threaten resistance and a possible return to violence. A perception that the government's actions are reversing the Delta's gains could aggravate local grievances and precipitate armed violence. At its peak in 2009, the insurgency in the Niger Delta was claiming an estimated 1,000 lives a year, had cut Nigeria's oil output by over 50 per cent and was costing the government close to four billion naira (nearly $19 million) per day in counter-insurgency operations. A resurgence of violence and increased oil-related crime in the Delta could seriously undermine national security and economic stability, which is already weighed down by the Boko Haram insurgency and dwindling oil revenues. Details: Brussels: International Crisis Group, 2015. 38p. Source: Internet Resource: Africa Report No. 231: Accessed September 30, 2015 at: http://www.crisisgroup.org/~/media/Files/africa/west-africa/nigeria/231-curbing-violence-in-nigeria-iii-re-visiting-the-niger-delta.pdf Year: 2015 Country: Nigeria URL: http://www.crisisgroup.org/~/media/Files/africa/west-africa/nigeria/231-curbing-violence-in-nigeria-iii-re-visiting-the-niger-delta.pdf Shelf Number: 136897 Keywords: Boko HaramHuman Rights Oil IndustryPolitical Corruption PollutioniViolence Violent Crimes |
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: Martin, Maria Title: Criminalisation of Human Rights Defenders Summary: In recent years we have witnessed the limitation of the spaces available to civil society in many countries around the world, and a deterioration of the conditions under which organisations carry out their activities. Criminalisation and other related phenomena such as stigmatisation, defamation and delegitimation of the work of people who promote and defend human rights are representative of this worrying trend. The report is the result of more than a year's research and discussion involving the author and PI staff in our offices in the field (Protection Desks) in Latin America, Sub-Saharan Africa and South East Asia, as well as in our main office in Brussels, Belgium. The author also interviewed HRDs based in the three continents mentioned and in Europe, from whom she also received written information. The report categorises and presents a typology of the various forms of criminalisation and judicial and administrative harassment suffered by HRDs; it identifies the kinds of actors who contribute to the phenomenon and deals also with its consequences, that are felt not only by criminalised HRDs but also by their families and the organisational context in which they operate. Finally, the report makes a series of recommendations aimed at HRDs, the state institutions that are responsible for their protection and other key stakeholders, in the hope that they will adopt legal and political measures - and provide accompaniment to victims - in order to react and also prevent criminalisation from occurring. This publication is of fundamental importance to PI, as it permits us to respond to a series of challenges that HRDs face as they seek to carry out their day-to-day work. It also enables us to strengthen the accompaniment we provide to HRDs, civil society organisations and rural communities across a range of aspects important to their ability to manage their security and protection. We hope that the report and the recommendations it contains will contribute to strengthening the movement for human rights across the globe. Details: Brussels, Belgium: Protection International, 2015. 73p. Source: Internet Resource: Accessed February 17, 2016 at: http://protectioninternational.org/wp-content/uploads/2016/01/Criminalisation_Pl_English_WebReady.pdf Year: 2015 Country: International URL: http://protectioninternational.org/wp-content/uploads/2016/01/Criminalisation_Pl_English_WebReady.pdf Shelf Number: 137865 Keywords: Citizen ProtectionHuman Rights |
Author: Leeds, Elizabeth Title: Civil Society and Citizen Security in Brazil: A Fragile but Evolving Relationship, Summary: The relationship between civil society groups and public safety officials in Brazil has evolved steadily over the past three decades. Human rights groups and academics are increasingly involved in discussions with members of the police and government officials about how to improve both the effectiveness and accountability of public safety policies. However, despite certain political openings for rights-respecting policies, deep-seated obstacles remain that limit the reforms' potential for success. As in many countries in the region, the over-arching trend in public safety policies in Brazil is a pendulum of innovations and retractions where proactive forward-thinking policies are frequently followed by a return to reactive-and frequently repressive-crime-fighting policies. Nevertheless, there are many examples where civil society has successfully advocated for more systemic, lasting reforms at the state and federal levels in Brazil, and these experiences are worth examining. WOLA's new report details how Brazilian civil society has become engaged in the issue of citizen security since the end of the military regime in 1988 to push for effective, rights-respecting public safety policies throughout the country, and examines the principle obstacles to progress and how they might be overcome. Details: Washington, DC: Washington Office on Latin America, 2013. 8p. Source: Internet Resource: Accessed March 29, 2016 at: http://www.wola.org/sites/default/files/downloadable/WOLACivilSocietyandCitizenSecurityinBrazil.pdf Year: 2013 Country: Brazil URL: http://www.wola.org/sites/default/files/downloadable/WOLACivilSocietyandCitizenSecurityinBrazil.pdf Shelf Number: 138465 Keywords: Human RightsPublic SecurityViolence |
Author: Verite Title: Labor and Human Rights Risk Analysis of Ecuador's Palm Oil Sector Summary: This report is another important contribution to the literature on human and labor rights risks in palm oil production globally. Thus far, there has been very little research on conditions in palm oil production in Ecuador, Latin America's largest producer. Research carried out by Verite and REACH (Research-Education-Action-Change) found a number of risks including indicators of forced labor, unethical recruitment and hiring practices, wage and hour violations, child labor, discrimination against women and minorities, environmental damage, and displacement. Verite found that several factors heightened workers' vulnerability, including competition for a limited number of jobs, the involvement of labor brokers in the recruitment and management of workers, and the displacement of Colombian refugees who are forced to migrate to Ecuador, where the palm oil sector constitutes one of the only sources of employment available to them outside of illegal activities. Verite found that Colombian immigrants, including undocumented immigrants, refugees, and asylum seekers, are extremely vulnerable to labor and human rights abuses, especially in Esmeraldas, the province with by far the highest number of Colombian immigrants and the highest rate of African palm cultivation. Approximately 1,000 Colombians flee each month from violence in Colombia, which had the second highest rate of displacement in the world after Syria, to Ecuador, which is by far the country with the largest number of Colombian refugees. These immigrants faced discrimination and threats of deportation, constraining their ability to protest unfair labor conditions and making them especially vulnerable to exploitation. Verite research detected a large number of indicators of forced labor, including indicators of unfree recruitment, work and life under duress, and impossibility of leaving employers, especially among Colombian immigrants. Verite's research also uncovered additional problems faced by palm workers. These risks included wage, benefit, and working hour violations; child labor; discrimination against women, indigenous people, and people of African descent; health and safety risks; poor housing; environmental damage; harm to indigenous communities; and inadequate grievance mechanisms. For more information, along with recommendations for action, please see our in-depth report on Labor and Human Rights Risks in Ecuador's Palm Oil Sector. Details: Amherst, MA: Verite, 2016. 81p. Source: Internet Resource: Accessed June 1, 2016 at: http://www.verite.org/sites/default/files/Risk%20Analysis%20of%20Ecuador%20Palm%20Oil%20Sector-final%20draft.pdf Year: 2016 Country: Ecuador URL: http://www.verite.org/sites/default/files/Risk%20Analysis%20of%20Ecuador%20Palm%20Oil%20Sector-final%20draft.pdf Shelf Number: 139262 Keywords: Child LaborForced LaborHuman RightsImmigrant laborLabor Exploitation |
Author: Witte, Eric A. Title: Undeniable Atrocities: Confronting Crimes Against Humanity in Mexico Summary: This report focuses on the nine-year period of December 1, 2006 to December 31, 2015. This covers the entirety of Felipe Calderon's presidency (December 1, 2006 to November 30, 2012), and just over half of the six-year term of current President Enrique Pema Nieto. To put statistics and institutional developments in context, however, the report includes some information from previous years, and especially the final years of the Vicente Fox presidency (December 1, 2000-November 30, 2006). The current crisis is the most intense period of violence in Mexico's modern history, but not its first. Accordingly, the report includes a brief overview of prior periods in which the government was also implicated in atrocity crimes for which there has been no accountability - including the period of the so-called "Dirty War," waged by the government against left-wing students and dissidents from the late 1960s to 1980s - in order to situate the recent surge in violence within a broader historical and political context. WHAT ARE "ATROCITY CRIMES"? The United Nations defines the term as encompassing the crimes of genocide, crimes against humanity, and war crimes. This report uses the term to refer to particular forms of violent crime that have affected many tens of thousands of civilians and may amount to crimes against humanity. Those affected include not only Mexicans but migrants from Central America, who travel a perilous path through the country and are increasingly the victims of vicious cartel violence. Specifically, the report examines three types of atrocity crimes: killings, disappearances, and torture and other ill-treatment. The report attempts to paint a composite picture based on a good-faith effort to synthesize all available statistics on and documentation of atrocity crimes in Mexico from December 2006. But that picture is only partial. Only accurate and complete data can reveal the full nature and scale of these crimes. The bulk of the data on which the analysis rests necessarily comes from government sources. This creates a considerable methodological challenge because government data on atrocity and other crime in Mexico is notoriously incomplete, skewed towards minimization, and therefore often unreliable. Collection of crime data is decentralized; states vary in their capacity and will to collect and share data with the federal government and public; some states keep data electronically and online, while others still keep records on paper, which are difficult to access. Particularly for atrocity crimes, data suffers from inaccurate and inconsistent categorization, itself a symptom of enduring denial about the scope and gravity of the situation. For instance, if charged at all, torture is often categorized as a lesser crime, such as "abuse of authority," and enforced disappearances may instead be classified as "kidnappings." Decades of impunity have engendered popular distrust in the justice sector, culminating in one of the greatest barriers to collecting accurate crime statistics: the fact that over 90 percent of crimes in Mexico are never reported to authorities in the first place. All of this has contributed to widely varying assessments of the scale and nature of atrocity crime, and confusion over the adequacy of the justice system's response. Some government data used here comes from public reports and statements from agencies including the federal Attorney General's Office (PGR), the Executive Secretariat of the National System of Public Security (SNSP), the autonomous government statistics office (INEGI), the Ministry of Foreign Affairs (SRE), and the Defense Ministry (SEDENA). Reports and publications of Mexico's National Human Rights Commission (CNDH) provide another important, if flawed, source of data. BEYOND PUBLIC REPORTS FROM GOVERNMENT ENTITIES, this report relies on information obtained through extensive use of Mexico's progressive legal regime on the right to information. Although critical public information is still too often withheld, the Open Society Justice Initiative, its partners, and others have been able to gain new insight into atrocity crime data, specific cases, and the functioning of justice institutions through information requests submitted to the federal and state governments. This report also relies on an extensive review of United Nations and Inter-American treaty body jurisprudence and reports; federal and state human rights commissions; national, regional, and international civil society reports; legal scholarship by Mexican and non-Mexican academics and political analysts; as well as investigative reports from Mexican and international media. These resources were augmented by over 100 first-hand interviews conducted by Mexico-based and international Justice Initiative staff and consultants, in person and by email and telephone, over the course of 2013-2015. Most in-person interviews were conducted in Mexico City, Coahuila, Guerrero, Nuevo Leon, Oaxaca, and Queretaro, although a small number were conducted in Morelos and Geneva. Almost all interviews were conducted in Spanish; for some, there was simultaneous interpretation into English, with the Spanish version considered definitive. All interviews were conducted with the verbal consent of the interviewee. Some sourcing has been anonymized at the request of the interlocutor. Those interviewed included government officials at the federal and state levels, including prosecutors, police, judges, members of congress and congressional staff, and officials at human rights and truth commissions. Research also included numerous interviews with Mexican and international experts and civil society representatives, as well as diplomats and academics. Details: New York: Open Society Foundations, 2016. 220p. Source: Internet Resource: Accessed June 7, 2016 at: https://www.opensocietyfoundations.org/sites/default/files/undeniable-atrocities-en-20160602.pdf Year: 2016 Country: Mexico URL: https://www.opensocietyfoundations.org/sites/default/files/undeniable-atrocities-en-20160602.pdf Shelf Number: 139298 Keywords: Crime Against HumanityDisappearancesHomicidesHuman RightsKidnappingsOrganized CrimeTortureViolenceViolent Crime |
Author: Human Rights Watch Title: Closed Doors: Mexico's Failure to Protect Central American Refugee and Migrant Children Summary: Tens of thousands of children flee Central America's Northern Triangle - El Salvador, Guatemala, and Honduras - each year, on their own or with family members, because they have been pressured to join local gangs, threatened with sexual violence and exploitation, held for ransom, subjected to extortion, or suffer domestic violence. Mexican law provides for refugee protection for children and adults who face persecution or other threats to their lives and safety in their home countries. Even so, less than 1 percent of the children who are apprehended by Mexican immigration authorities are recognized as refugees. Closed Doors examines the reasons for this gulf between the need for protection and Mexico's low refugee recognition rates, detailing the formidable obstacles children face in even applying for recognition. Immigration agents frequently fail to inform them of their rights and do not adequately screen them for possible refugee claims. They do not receive state-appointed lawyers or other government assistance in preparing applications for refugee recognition. More dauntingly, most are held in prison-like conditions, leading many children to accept deportation to avoid protracted time in detention. The report concludes with specific steps Mexico should take to address these shortcomings. Mexican authorities should ensure that children have effective access to refugee recognition procedures and end immigration detention of children; and they should provide appropriate care and protection for unaccompanied migrant children by identifying the housing arrangements that are most consistent with their best interests. Details: New York: HRW, 2016. 164p. Source: Internet Resource: Accessed June 7, 2016 at: https://www.hrw.org/sites/default/files/report_pdf/mexico0316web_0.pdf Year: 2016 Country: Mexico URL: https://www.hrw.org/sites/default/files/report_pdf/mexico0316web_0.pdf Shelf Number: 139305 Keywords: AsylumHuman RightsImmigrant ChildrenImmigrationRefugeesUnaccompanied Children |
Author: Clancy, Deirdre, Compiler Title: Falling Through the Cracks: Reflections on Customary Law and the Imprisonment of Women in South Sudan Summary: The objective of this research paper is to shed light onto women's human rights in the newly independent Republic of South Sudan and to call attention to the thousands of women who are adversely affected through their engagement with the current customary and statutory legal systems. Over the past half-century, the women of South Sudan have carried the burden of violent conflict and the accompanying disintegration of their communities, as well as endured the agony of displacement and life in refugee camps. These women remained resolute in the face of racism, discriminatory policies and attitudes during the 39 years of civil war that plagued the Sudan, striving to earn a living and sustain their families and communities amid extreme hardships. Many of these women have not had the opportunity to sit at the benches of formal education institutions; however, they have learned from their ongoing privation and struggle to confront the challenges that they deal with on a daily basis. This is not to undermine the merit of formal education; rather, it is to challenge the notion that quantifiable development policies like education are the solution to "Africa's problems". Rather that we should acknowledge that equal access to education elsewhere in the world has been the result of the mainstreaming of human rights and democratic principles. Associated with this is the complex and delicate nature of identity politics in South Sudan. Indeed, one of the most pressing issues facing the people of this emerging nation is how they will be able to create an identity based on human rights while also initiating a development process that provides citizens with basic services, such as education, health care and clean water and sanitation. This is a dilemma that has been evident in many of Africa's nation-states and has led to the creation of an identity where people are defined in relation to their progress and what they can show in terms of development, with achievements in human rights and democracy taking a back seat to some sort of tangible prosperity. It is critical to bear in mind that without equitable human rights, development will not be attained. Details: Kampala: The Strategic Initiative for Women in the Horn of Africa (SIHA), 2012. 110p. Source: Internet Resource: Accessed September 13, 2016 at: http://www.sihanet.org/sites/default/files/resource-download/FALLING_Through_the_Cracks_compressed.pdf Year: 2012 Country: Sudan URL: http://www.sihanet.org/sites/default/files/resource-download/FALLING_Through_the_Cracks_compressed.pdf Shelf Number: 140256 Keywords: Customary LawFemale InmatesFemale PrisonersGender-Related IssuesHuman Rights |
Author: Zambia. Human Rights Commission Title: A Survey Report on the Application of Bond and Bail Legislation in Zambia Summary: This survey was conducted to collect information on factors affecting access and conditions regarding bail among people found to be in conflict with the law in Zambia. The survey was conducted for a period of six months in all ten provinces of the country. The findings of this study are meant to provide a basis for the review of current bail legislation relating to bail conditions in Zambia by promoting easy access for suspects or inmates to bail regardless of their social and economic conditions. The target respondents for the surveys were inmates in prisons, police officers in charge of a police station, magistrates and public prosecutors. The survey also examined the current committal process of matters to the High Court and the transfer process of matters to other courts so as to determine causes of delays in the two processes. A total of 2,168 respondents were interviewed in this survey. The findings reveal that on average suspects in Zambia are kept in police custody for fourteen days before they are made to appear before the court. The survey has shown that in Lusaka suspects were kept in police custody for about 22 days. Eastern province had the least detention days of 6 days. Another key finding is that about 30% of the remandees indicated that they have been awaiting judgment for a period of over one year. Two- thirds said they have been awaiting judgment for a period of less than one month. Nearly 6% have been waiting for judgment for at least 9 months. The survey also revealed several reasons explaining why few suspects attempted applying for bail. The reasons brought forward included suspects lack of knowledge that they can apply for police bond or bail and; suspects having no working sureties to sign police bond for them. The survey revealed that bail conditions in Zambia are stringent, requiring suspects to provide two working sureties as a condition for granting of bail. Findings also showed that time taken for cases to be committed to the High Court can be inordinately long as can be the rendering of judgments. The survey thus revealed that there were challenges at every stage of the criminal justice process that hindered accused persons' enjoyment of their due process rights. In this regard, the Commission found that the criminal justice system has more often than not failed in its function of ensuring that the rights of the accused are protected with the country falling short of the principles enunciated in the international standards to which it is a party. There is therefore need for a thorough review of the existing law regarding the bail and police bond conditions in Zambia as well as the law and processes that regulate the committal of cases to the High Court. In addition to this is the need for sensitisation of the citizenry on the rights to bond and bail in Zambia. Chapter 1 focuses on the problem statement and situational analysis. It further speaks to the survey objectives and methodology used. Chapter 2 focuses on the law relating to bail and committal in Zambia. It demonstrates the relationship between human rights and criminal justice; the law relating to bail and committal; preliminary inquires; survey procedures and committal sentencing. In Chapter 3 of the report, the findings of the survey are discussed. These relate to the demographic characteristics of the respondents, arbitrary and over detention of suspects, the issue of legal representation and judgement. The findings reveal the bail and bond conditions, bail during trial, reasons for the court not granting bail and the process of transfer of cases from the lower court for committal to the high court. Finally Chapter 4 concludes with recommendations from the Human Rights Commission regarding the need for reform in the legal and justice system and specifically regarding bail and police bond and the committal process. Details: Lusaka: Human Rights Commission, 2014. 52p. Source: Internet Resource: Accessed September 22, 2016 at: http://www.osisa.org/sites/default/files/survey_report_hrc_zambia_2014.pdf Year: 2014 Country: Zambia URL: http://www.osisa.org/sites/default/files/survey_report_hrc_zambia_2014.pdf Shelf Number: 145587 Keywords: Bail BondsCriminal CourtCriminal Justice SystemCriminal ProcedureDue ProcessHuman RightsPretrial Release |
Author: Rotman, Maia Title: 'Unsafe'' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV Summary: 'Unsafe' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV, (PDF) is a 54-page report based on IHRP field research in Mexico, including interviews with more than 50 Mexican healthcare providers, human rights activists, members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, people living with HIV, journalists, and academics, all of whom testify to widespread discrimination and rights-violations in Mexico's healthcare delivery. The release of the report, funded by the Elton John AIDS Foundation, coincided with World Refugee Day on June 20, 2016 as well as Canada's first-ever pride month. 'Unsafe' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV,' The report says that Canada should remove Mexico from its refugee 'safe' list because of the country's serious human rights abuses. Failure to do so could place Canada in violation of its international legal obligations. Despite some progressive legislation, including universal healthcare and a federal commitment to non-discrimination, in practice, Mexico's most vulnerable communities continue to encounter significant obstacles to accessing these rights. As a result, the country remains unsafe for many, particularly people living with HIV or at heightened risk of infection, and especially sexual minorities and marginalized populations. Nevertheless, Mexico appears on Canada's designated country of origin (DCO) list, which entitles Mexican claimants to only half the time claimants from non-DCO countries get to prepare their claims, and creates the possibility of prejudgment among decision-makers, the report said. The report raises concerns that Canada is circumventing its international legal obligations by keeping Mexico on the 'safe' country list. As a signatory to the 1951 Refugee Convention and the 1967 Protocol, Canada has a duty to not discriminate against refugee claimants by reason of their race, religion or country of origin. According to the report, systemic discrimination and unlawful denial of healthcare to people living with HIV and populations at heightened risk of infection contravene Mexico's international legal obligations. Proper and timely HIV treatment can mean a healthy life-span for people living with HIV, but late diagnosis or lack of consistent treatment creates a high risk of life-threatening infection and higher likelihood of transmission. Furthermore, Mexico's failure to adequately fund HIV prevention or education programs has contributed to a culture of stigma and discrimination against people living with HIV. Health advocates told the IHRP about ignorance and misinformation about HIV within the medical community, breaches of confidentiality, denial of healthcare or segregation within healthcare centres, and other human rights abuses against people living with HIV. The report calls on Canada in its capacity as a champion of human rights, both domestically and internationally, and also as Mexico's third-largest trading partner. As expressed in the report's recommendations, Canada should urge Mexico to ensure that people living with HIV are able to access healthcare services free from obstruction or discrimination. The report also encourages Canada to offer assistance to Mexico to develop protocols for healthcare professionals to ensure equal and consistent access to healthcare, with particular emphasis on people living with HIV, in accordance with Mexico's international legal obligations. Details: Toronto: University of Toronto Faculty of Law, International Human Rights Program, 2016. 58p. Source: Internet Resource: Accessed September 28, 2016 at: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-UnsafeAndOnMargins2016.pdf Year: 2016 Country: Mexico URL: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-UnsafeAndOnMargins2016.pdf Shelf Number: 146136 Keywords: DiscriminationHIVHuman RightsLGBT PeoplesMinorities |
Author: Dobreva, Natasha Title: Promotion of the Rights of Trafficked Persons in Bulgaria: A Human Rights Based Approach Summary: One of the problems many countries have in common, including Bulgaria, Romania and Slovakia, is the lack of access of victims of trafficking to legal counseling and aid. An adequate referral system which ensures that victims are informed about the relevant judicial proceedings and their rights from their very first contact with the authorities is missing. There are very few lawyers trained in working with trafficked persons. State-funded legal aid is scarce and often limited to no more than the formal presence of a lawyer during the trial. Even if formally victims have a right to claim compensation for the damages they suffered, in practice such claims are rarely awarded and, if they are, hardly ever executed. Provisions, such as the use of closed hearings or audiovisual means, that might protect the safety and privacy of victims are not effectively used. Many actors in the judicial system, including police, prosecutors, judges and lawyers, lack knowledge about trafficking and its psychological, social and health impacts on its victims. And in some cases victims are disrespectfully treated by representatives of the judicial system itself. As a result trafficked persons face major barriers in accessing justice and criminal proceedings often lead to their secondary victimization. At the same time, NGOs are not trained in providing legal counseling and only have limited funds to pay for legal aid and representation. Despite increasing awareness that trafficking and the exploitation of human beings under forced labour or slavery-like conditions constitute severe human rights violations, States tend to focus on the prosecution and punishment of the perpetrators, while the protection of the rights of trafficked persons lags behind. Often victims are purely seen as instrumental for the prosecution with little regard for the far reaching impact testifying against their exploiters may have on their current and future well-being, safety and life. Details: Sofia: Animus Association Foundation, 2013. 100p. Source: Internet Resource: Accessed October 11, 2016 at: http://www.animusassociation.org/wp-content/uploads/2014/03/Promotion-of-the-rights-of-the-trafficked-persons-in-Bulgaria.pdf Year: 2013 Country: Bulgaria URL: http://www.animusassociation.org/wp-content/uploads/2014/03/Promotion-of-the-rights-of-the-trafficked-persons-in-Bulgaria.pdf Shelf Number: 145417 Keywords: Forced LaborHuman RightsHuman TraffickingTrafficked Persons |
Author: Macleod, Jan Title: Challenging Men's Demand for Prostitution in Scotland: A Research Report Based on Interviews with 110 Men Who Bought Women in Prostitution Summary: Public awareness of prostitution as a human rights issue has grown in recent years, along with an understanding of the harm resulting from sexual exploitation as commercial enterprise. There is also recognition of the need to understand prostitution in its cultural contexts, and the need to understand the social structures and the psychological articulation of misogyny that stimulates and sustains prostitution as a social institution. The authors of this research report realise that although it is essential to address the urgent mental and physical needs of women and children during prostitution and after their escape, it is also imperative to address men's demand for prostitution which is at the root of the problem. Acceptance of prostitution is one of a cluster of harmful attitudes that encourage and justify violence against women. Violent behaviours against women have been associated with attitudes that promote men's belief that they are entitled to sexual access to women, that they are superior to women, and that they are licensed as sexual aggressors. Men who use women in prostitution strongly endorse such attitudes toward women (Cotton et al., 2002, Farley et al., 1998). There has been considerable debate in Scotland on how best to address prostitution and other commercial sexual exploitation, including what is euphemistically termed adult entertainment. The Routes Out of Prostitution Partnership and other projects that have challenged prostitution in Glasgow in the past decade have been informed by an understanding of prostitution as commercial sexual exploitation and as a form of violence against women. Prevention of prostitution is a key aim of this work. The findings of this research will contribute to an understanding of and strategies for challenging men's demand for prostitution. Details: Glasgow: Women's Support Project, 2008. 40p. Source: Internet Resource: Accessed October 21, 2016 at: http://www.prostitutionresearch.com/ChallengingDemandScotland.pdf Year: 2008 Country: United Kingdom URL: http://www.prostitutionresearch.com/ChallengingDemandScotland.pdf Shelf Number: 110473 Keywords: Human RightsProstitutesProstitutionSex WorkersViolence Against Women |
Author: Police Executive Research Forum Title: Responding to Migrant Deaths Along the Southwest Border: Lessons from the Field Summary: The United States is grappling with a migration crisis. Since the late 1990s, migrants from Mexico and Central America have been dying by the thousands as they cross into the United States through the unforgiving deserts and scrubland of the Southwest United States. Agencies along the U.S.-Mexico border have been stretched thin as they have tried to save migrants in distress and, when those efforts fail, identify the deceased and return their remains to their loved ones. In 2013, with support from the Ford Foundation, the Police Executive Research Forum (PERF) began to explore the issue of migrant deaths along the Southwestern border and identify strategies to reduce these fatalities. PERF staff members travelled to Mexico City and South Texas to meet with practitioners and conducted in-depth interviews of experts and stakeholders from nonprofit organizations, local and federal law enforcement agencies, medical examiners’ offices, and universities. After gathering input from these representatives, PERF held an unprecedented, multi-state, multi-agency meeting in Washington, D.C. on June 1, 2016 to discuss interdisciplinary partnership-building and strategies to reduce migrant deaths and improve processes for identifying and repatriating migrants’ remains. This report is the result of PERF’s efforts. It highlights the factors that contribute to the migrant deaths crisis; identifies the key stakeholders in the field and the resources that they represent; examines the partnership-building efforts that are already in place along the border to increase successful rescues of migrants in distress and improve identifications of those who perish; and presents new opportunities for collaboration and information-sharing moving forward. This report serves as a chronicle of the efforts of practitioners in the field, highlights the crisis of migrant deaths in the Southwest, and proposes short-term and long-term solutions for practitioners and policy-makers. It is important to recognize that the migrant deaths crisis is a large-scale humanitarian issue. More than 6,500 migrants have died along the U.S-Mexican border since 1998, and that number is almost certainly an underestimate of the scale of the tragedy. While this report provides guidance on how to reduce these deaths now, in the current legal environment, the real solution lies in comprehensive immigration reform legislation that will provide new pathways to legal immigration and reduce incentives for attempting dangerous illegal border crossings. Details: Washington, DC: PERF, 2016. 44p. Source: Internet Resource: Accessed November 14, 2016 at: http://www.policeforum.org/assets/respondingmigrantdeaths.pdf Year: 2016 Country: United States URL: http://www.policeforum.org/assets/respondingmigrantdeaths.pdf Shelf Number: 146666 Keywords: Border SecurityHuman RightsIllegal AliensIllegal ImmigrantsImmigration PoliciesMigrant Deaths |
Author: European Union Agency for Fundamental Rights (FRA) Title: Rights of suspected and accused persons across the EU: translation, interpretation and information Summary: Protecting the human rights of individuals subject to criminal proceedings is an essential element of the rule of law. Persons who are suspected or accused of crimes in countries other than their own are particularly vulnerable, making appropriate procedural safeguards especially crucial. This report reviews Member States’ legal frameworks, policies and practices regarding the important rights provided in these directives, including with respect to individuals whose needs may require additional attention, such as persons with disabilities and children. Details: Luxembourg: Publications Office of the European Union, 2016. 116p. Source: Internet Resource: Accessed February 16, 2017 at: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-right-to-information-translation_en.pdf Year: 2016 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra_uploads/fra-2016-right-to-information-translation_en.pdf Shelf Number: 141045 Keywords: Accused Persons Criminal Procedure Human RightsRights of the Accused |
Author: Grange, Mariette Title: When Is Immigration Detention Lawful? The Monitoring Practices of UN Human Rights Mechanisms Summary: his Global Detention Project Working Paper details how the banalisation of immigration detention is contested by international human rights mechanisms. Since the creation of the United Nations, the global human rights regime has provided a framework for the protection of all people, including those living in foreign countries. This paper assesses how national sovereignty and access to territory is mitigated by the universal nature and applicability of human rights and refugee protection standards. The authors comprehensively describe the normative framework governing immigration detention established in core international treaties and discuss how human rights bodies apply this framework when reviewing states' policies and practices. Their assessment of the impact and implementation of fundamental norms reveals gaps in the international protection regime and highlights how states' responses to this regime have shaped contemporary immigration detention systems. Details: Geneva, SWIT: Global Detention Project, 2017. 24p. Source: Internet Resource: Global Detention Project Working Paper No. 21: Accessed February 24, 2017 at: https://www.globaldetentionproject.org/when-is-immigration-detention-lawful-monitoring-practices-of-un-human-rights-mechanisms Year: 2017 Country: International URL: https://www.globaldetentionproject.org/when-is-immigration-detention-lawful-monitoring-practices-of-un-human-rights-mechanisms Shelf Number: 141214 Keywords: Human RightsIllegal ImmigrantsImmigrant DetentionImmigration DetentionImmigration Enforcement |
Author: Cuthbert, Neil Title: Removal of Failed Asylum Seekers in Australia: A Comparative Perspective Summary: This working paper reviews the current policy of removing failed asylum seekers in Australia and draws lessons from similar policy areas and reforms in the United Kingdom and Canada. The authors put forward five policy recommendations. First, forcible removal of failed asylum seekers should be used as a last resort. Second, timely processing and removal is critical and deadlines could be reintroduced. Third, immigration detention periods can be shortened. Fourth, Australia would benefit from stronger international cooperation, including readmission agreements with countries of origin. Lastly, and most importantly, policymakers must ensure that removal of failed asylum seekers adheres to the principle of non‑refoulement. Details: Sydney: Lowry Institute, 2017. 24p. Source: Internet Resource: Accessed April 3, 2017 at: https://www.lowyinstitute.org/sites/default/files/documents/Removal%20of%20failed%20asylum%20seekers%20in%20Australia.pdf Year: 2017 Country: Australia URL: https://www.lowyinstitute.org/sites/default/files/documents/Removal%20of%20failed%20asylum%20seekers%20in%20Australia.pdf Shelf Number: 144701 Keywords: Asylum SeekersHuman RightsImmigration EnforcementImmigration PolicyRefugees |
Author: American University. Washington College of Law. Center for Human Rights and Humanitarian Law Title: Protecting Children against Torture in Detention: Global Solutions for a Global Problem Summary: It is my pleasure to introduce the publication "Protecting Children Deprived of Liberty From Torture: Reflections on the Special Rapporteur on Torture's 2015 Thematic Report," which expands upon a key thematic priority explored by the Special Rapporteurship on Torture in 2015. This volume asks a wide variety of stakeholders and thought-leaders to reflect on the report on children deprived of liberty (A/HRC/28/68, available in Annex I) issued by Professor Juan Mendez during his Rapporteurship on Torture at the United Nations (UN). This publication provides additional data and analyses on the myriad of critical issues raised in the report. The publication is an effort of the Anti-Torture Initiative (ATI), a project of the Center for Human Rights & Humanitarian Law (the Center) at American University Washington College of Law to support the mandate of the United Nations Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment (SRT), a position that Professor Juan Mendez held from November 2010 to October 2016. The Center created the ATI in 2012 as part of its mission to develop new tools and strategies for the creative advancement of international human rights norms. During the time of Professor Mendez's mandate, the ATI expanded the strategies used by the SRT in furtherance of its mandate by supporting, monitoring, and assessing implementation of his recommendations, and providing a multi-dynamic model for effective and comprehensive country-specific and thematic follow-up, in areas such as the torture and ill-treatment of children deprived of liberty. In the aftermath of Professor Mendez's mandate, the ATI has continued its role as a foremost player in the global movement against torture, by continuing to work closely with partners from international agencies, regional organizations, governments and policy-makers, and actors from civil society and academia, in an effort to have a positive impact on the landscape of efforts to fight and prevent torture worldwide, in particular when it affects the most vulnerable and marginalized persons worldwide, such as children deprived of liberty. The 2015 report that serves as the basis for this publication came at a timely moment of growing attention to the plight of the more than one million children who are estimated to be deprived of liberty around the world. The report makes a critical contribution by framing abuses and violence commonly perpetrated against children in various guises of deprivation of liberty as torture and other ill-treatment under international law, and by analyzing the unique vulnerability of children to, and concomitant heighted obligation of States to protect children from, such acts. The report analyzes practices within juvenile, criminal justice systems, and administrative, notably immigration, detention, as well as practices in health- and social-care institutions, and the situation of children in armed conflict. It addresses existing gaps in law and policy that facilitate torture and ill-treatment against children deprived of their liberty worldwide. Constrained as it is by an UN-imposed word limit, the report is meant to be a starting-point for discussion, which the articles in this volume pick up. Following its presentation to the UN Human Rights Council in March 2015, the report generated a considerable amount of interest and discussion on a range of issues explored therein. This volume seeks to contribute to and continue this discussion by creating space to elaborate on the report and the essential legal, policy, and advocacy issues raised in a variety of contexts of deprivation of liberty of children around the world. The publication chronicles part of the robust response by practitioners, advocates, and policy-makers to the cross-cutting issues explored by the report. Section I of this volume provides a broad overview of the problem of children deprived of liberty worldwide, and delves into several key questions of law and policy at the intersection of the torture and other ill-treatment and children's rights frameworks, including the potential of the report as a tool for advocacy to promote the recognition and protection of the rights of children in the context of deprivation of liberty; the unique vulnerability of children to torture and other ill-treatment; the challenge of translating standards into practice; the question of access to justice for children deprived of liberty; the role of the Council of Europe in addressing the deprivation of liberty of children; and avenues for meaningful participation of children and adolescents in the recommendations of United Nations human rights bodies in the context of deprivation of liberty. Section II addresses the unique challenges posed by the deprivation of liberty of children in conflict with the law in juvenile and criminal justice systems, featuring a call for the end of child detention as a form of punishment. It also includes a commentary on the UN Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice systems. It also analyzes the placement of children in solitary confinement, early diversion, monitoring mechanisms, and models of psychosocial intervention for children deprived of liberty. Section III delves into the situation of migrant, asylum-seeking, and refugee children, and their deprivation of liberty in these contexts. It further refers to the situation of children, including children with disabilities, in institutions and orphanages, as well as the situation of children in armed conflict, child soldiers, and the detention of children on grounds of "national security." Details: Washington, DC: Center for Human Rights & Humanitarian Law, American University, Washington College of Law, 2017. 442p. Source: Internet Resource: Accessed April 20, 2017 at: http://antitorture.org/wp-content/uploads/2017/03/Protecting_Children_From_Torture_in_Detention.pdf Year: 2017 Country: International URL: http://antitorture.org/wp-content/uploads/2017/03/Protecting_Children_From_Torture_in_Detention.pdf Shelf Number: 145060 Keywords: Child ProtectionHuman RightsJuvenile CorrectionsJuvenile DetentionJuvenile OffendersTortureViolence against Children |
Author: Australian Human Rights Commission Title: Australian study tour report - Visit of the UN Special Rapporteur on Violence Against Women 2012 Summary: From 10-20 April 2012, the UN Special Rapporteur on violence against women, including its causes and consequences, Ms Rashida Manjoo, undertook a study tour in Australia. The study tour was co-hosted by the Australian Human Rights Commission and the Australian Government (Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)). The objectives of the study tour included: - gathering information on violence against women, its causes and consequences, from government and non-governmental organisations, including women's organisations; - gathering information on culture and violence against women in Aboriginal and Torres Strait Islander communities; and - identifying strategies to eliminate all forms of violence against women and its causes, and remedy its consequences. Although the Special Rapporteur had highlighted Aboriginal and Torres Strait Islander women and communities as a particular focus of her visit, the study tour was structured to enable her to meet a cross-section of organisations and individual women. The tour encompassed meetings with the Federal Attorney-General, federal, state and territory government representatives, service providers, business representatives, academics and community representatives, including representatives from Aboriginal and Torres Strait Islander communities from both urban and rural areas, culturally and linguistically diverse communities, women with disability, women of diverse sex, sexuality and/or gender, young women, and older women. In the course of the study tour, 27 roundtables, meetings and site visits were held across four states and territories, including: - Sydney, New South Wales - Fitzroy Crossing, Western Australia - Alice Springs, Northern Territory - Melbourne, Victoria - Canberra, Australian Capital Territory Key issues Violence against women as a human rights issue - The failure to articulate violence against women as a human rights issue was a common concern in discussions. - The National Plan recognises the right to live safe and free from violence and this should also inform the implementation of the National Plan. - Where governments fail to address the issue in human rights terms it can lead to an inappropriate and inadequate response by government and state agencies with long-term social and economic consequences. -It was frequently noted that discrimination against women is a cause and consequence of violence against women. The risks of 'mainstreaming' and the need to ensure specificity and intersectionality in plans, programs and services addressing violence against women - 'Mainstreaming' violence against women programs results in a formal rather than substantive equality approach to program design and content. - Men's programs can often divert essential resources from critical women's services. - Integrating the specific needs of women with disability, women from Aboriginal and Torres Strait Islander or migrant and refugee communities into plans, programs and services aimed at the prevention and redress of violence against women is essential to effective outcomes. - The lack of recognition of the impact of intersectional discrimination based on sex, race, disability, and sex/gender identity on violence against women, often undermines the utility or effectiveness of plans and programs aimed at reducing violence. - The absence of integration of the role and impact of cultural, political, social historical and inter-generational trauma in understanding and addressing violence against women leads to simplistic justifications of violence and one-size-fits-all formulations of programs that lack requisite cultural and psychological training components. Effective program design and service delivery require comprehensive consultation, adequate funding, appropriate coordination and regular monitoring and evaluation - The disconnection between government plans, programs and projects aimed at preventing, addressing and reducing violence against women and the needs of women 'on the ground' is a manifestation of: " an inadequate meaningful and effective consultation with women, particularly in the implementation of the National Plan; - a lack of dedicated, sustainable resources and funding models for both preventative and response based services (which recognise the long-term, protracted nature of the crisis rather than short-term, quick-fix approaches); - a lack of service providers transferring skills and building capacity within communities who are well-positioned to deliver effective services; and - a lack of regular monitoring and evaluation of programs, in particular the lack of independent monitoring and evaluation of the National Plan, and of service providers to inform programs; this is exacerbated by the lack of disaggregated data and analysis. - Although many state governments have developed impressive integrated (cross-departmental) models to address and prevent violence against women, there was a concern around the lack of coordinated implementation of the National Plan, within and across governments. - In the absence of the Council of Australia Governments (COAG) first three-year implementation plan, the execution of the National Plan to date has been ad-hoc and implemented without adequate consultation. - The need for governments across all jurisdictions to demonstrate their leadership to addressing violence against women and fully commit to the effective implementation of the National Plan was repeatedly noted. - There is a need for central focal points within government to address violence against women and ensure cross-departmental or integrated development of programs. For example: - the lack of adequate housing and homelessness arose as a constant issue, especially within Aboriginal and Torres Strait Islander communities: dire over-crowding exposes children to violence and alcohol/substance abuse and early sexualisation due to lack of privacy; limited opportunities for learning and playing exist; refuges meet a limited short-term need, but are unable to effectively provide follow-up services; - workplace/industrial relations and health departments need to work collaboratively on the long-term impact (physical and emotional) of domestic violence in workplaces; and - the lack of gender-specific correctional facilities gives rise to women prisoners (often victims with a history of domestic violence) being held in maximum security prisons with male prisoners leading to an increased risk of abuse. Impacts of violence against women on children - Although the study tour had a specific focus on women experiencing violence, the immediate and long-term impact of violence on children - both as victims and observers - was a key issue of discussions. Educational initiatives (the development of healthy and respectful relationships) were seen as important, but the urgent need to address impact meant that crisis services were under considerable and increasing pressure and prevention strategies are, consequently, under-resourced. Details: Sydney: The Commission, 2012. 44p. Source: Internet Resource: Accessed April 22, 2017 at: https://www.humanrights.gov.au/sites/default/files/document/publication/UNSRVAW%202012%20Web%20Version.pdf Year: 2012 Country: Australia URL: https://www.humanrights.gov.au/sites/default/files/document/publication/UNSRVAW%202012%20Web%20Version.pdf Shelf Number: 145155 Keywords: Children Exposed to ViolenceFamily ViolenceGender-Based ViolenceHuman RightsIntimate Partner ViolenceViolence Against Women |
Author: Council of Europe Title: Report to the Government of the United Kingdom on the visit to the United Kingdom carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) Summary: The CPT's 2016 periodic visit to the United Kingdom provided an opportunity to review the treatment of persons held in adult and juvenile prisons and police custody in England for the first time since 2008. It also looked at immigration detention. Further, the visit had a specific focus on in-patient adult psychiatry and medium and high secure forensic psychiatry establishments in England. A good level of co-operation was received from both the national authorities and the staff at the establishments visited. However, on a few occasions, access to places of detention was delayed, and the CPT underlines that better coordination is needed to ensure that access to all establishments is rapid and information about the Committee's mandate is disseminated more widely. More generally, in light of the principle of co-operation, the CPT trusts that prompt and effective action is now taken to address long-standing recommendations such as prison overcrowding. Law enforcement agencies The CPT's delegation found that most people deprived of their liberty by the police were treated in a correct manner. It did, however, receive some allegations of verbal abuse from officers towards detained persons at the moment of apprehension and during transport to custody suites and of handcuffs being applied excessively tightly at the time of arrest. The CPT recommends that the United Kingdom authorities make it clear that verbal abuse towards detained persons is unacceptable and that handcuffs should never be applied excessively tightly. The CPT notes that there appeared to be no uniform approach to the use of means of restraint across the 43 police forces in England and Wales and it recommends that the safety of the use of 'spit helmets', velcro fixation straps and Emergency Response Belts in police custody suites be reviewed. Moreover, the CPT recommends that 'Pava' spray should not form part of the standard equipment of custodial staff and should not be used in confined spaces. In general, persons deprived of their liberty by the police were afforded the safeguards laid down in PACE Code C. However, several deficiencies were observed such as a protection vacuum when arrested persons had to wait for up to two hours in holding rooms before their detention was formally authorised and before they were informed of their rights by custody sergeants. The CPT recommends that all detained persons should be fully informed of their rights as from the very outset of their deprivation of liberty (and thereafter of any authorised delay) and current deficiencies impeding the complete recording of the fact of a person's detention should be rectified. Access to a lawyer and a doctor or nurse was generally being facilitated promptly in all police establishments visited. However, there was a lack of respect for lawyer-client confidentiality during consultation by telephone at Southwark and Doncaster Police Stations. As regards custody records, the CPT recommends that whenever a person is deprived of their liberty this fact is formally and accurately recorded without delay and without misrepresentation as to the location of custody, which was not the case at the TACT suite at Paddington Green Police Station. The material conditions of the custody cells in the police establishments visited were generally of a good standard. There was, however, a lack of access to natural light in many cells and most establishments visited were not equipped with proper exercise yards. The conditions at Paddington Green 'TACT' Suite, in particular, were inadequate and needed upgrading. Adult and juvenile prisons The CPT welcomes the recent recognition of the need for profound reform of the prison system at the highest political level. The CPT's delegation discussed the nature and scope of the prison reform agenda with the authorities, where it stressed the problem of violence in prisons. In the view of the CPT, taking resolute action to tackle the problem of violence in prisons in England and Wales is a prerequisite for the successful implementation of other elements of the authorities' reform agenda. The CPT recalls that the adverse effects of overcrowding and lack of purposeful regime have been repeatedly highlighted by the Committee since 1990. Over the last 25 years, the prison population has nearly doubled, and almost all adult prisons now operate at or near full operational capacity and well above their certified normal capacity. The CPT emphasises that unless determined action is taken to significantly reduce the current prison population, the regime improvements envisaged by the authorities' reform agenda will remain unattainable. The CPT's delegation received almost no complaints about physical ill-treatment of inmates by staff in the prisons visited. Nevertheless, it did receive a few complaints about verbal abuse and observed tense relations between staff and inmates. It was, however, deeply concerned by the amount of severe generalised violence evident in each of the prisons visited, notably inter-prisoner violence and attacks by prisoners on staff. Injuries to both prisoners and staff, documented over the previous three months, included inter alia cases of scalding water being thrown over victims and 'shank' (make-shift knife) wounds, and frequently required hospitalisation and in one case resulted in the death of an inmate. The CPT examined the violence through the prism of three criteria: recording incidents of violence, responding to such incidents and specific measures taken to reduce violence. Despite the considerable number of instruments established to capture data regarding violent incidents, there were systemic and structural weaknesses in the documentation process. At both Doncaster and Pentonville Prisons, the delegation gained the impression that the actual number of violent incidents appreciably exceeded the number recorded. This issue appeared to be particularly acute at Doncaster Prison, where the delegation established that some violent incidents had either not been recorded or recorded as being less serious than they were in practice. Moreover, the delegation observed first-hand that violent incidents were not always reported by staff. While the number of recorded violent incidents at all prisons visited was alarmingly high, the CPT believes that these figures under-record the actual number of incidents and consequently fail to afford a true picture of the severity of the situation. Further, inmates at both Doncaster and Pentonville Prisons complained that staff responded slowly to violent incidents. This fuelled a feeling of fear and a perception of a lack of safety among inmates. The consequence was a lack of trust in the staff's ability to maintain prisoner safety. As a start, the CPT recommends that the time taken to respond to inmates' call bells be improved. The CPT is also not convinced of the effectiveness of the specific ongoing measures initiated to reduce and prevent violence and recommends that a far greater investment in preventing violence be undertaken. The CPT's findings in the establishments visited indicate that the duty of care to protect prisoners was not always being discharged given the apparent lack of effective action to reduce the high levels of violence. The cumulative effect of certain systemic failings was that none of the establishments visited could be considered safe for prisoners or staff. The CPT recommends that concrete measures be taken to bring prisons back under the effective control of staff, reversing the recent trends of escalating violence. At Cookham Wood YOI, the high levels of violence were managed primarily through locking juveniles up for long periods of time, on occasion for up to 23.5 hours per day; greater investment in establishing more small specialised units to manage juveniles with complex needs should be made. The CPT underlines that many aspects of prison life are negatively affected by the state of overcrowding in the prison system. For example, living conditions in the prisons visited, in particular Pentonville Prison, were adversely affected by the chronic overcrowding: cells originally designed for one prisoner now hold two. Equally, overcrowding also significantly affects the regime. The delegation found that the regimes in all prison establishments visited were inadequate, with a considerable number of prisoners spending up to 22 hours per day locked up in their cells. Many inmates stated that the long lock-up times contributed to a sense of frustration. The CPT recommends that steps be taken to ensure that inmates attend education and purposeful activities on a daily basis, with the aim that all inmates on a normal regime spend at least eight hours out-of-cell. At Cookham Wood YOI, juveniles on a normal regime spent on average only five hours out of their cells each day. The situation was particularly austere for those juveniles who were placed on 'separation' lists (denoted by vivid pink stickers of 'do not unlock' on their cell doors), who could spend up to 23.5 hours a day locked up alone in their cells. In the CPT's view, holding juveniles in such conditions amounts to inhuman and degrading treatment and all juveniles should be provided with a purposeful regime and considerably more time of cell than is currently the case. As regards the provision of health-care in the prisons visited, the delegation noted that health-care staffing levels were, with a few exceptions, adequate and there was generally good medical documentation of injuries. Medical screening of prisoners upon arrival was of a good quality and carried out promptly. That said, medical confidentiality was not always respected. For example, medication was given to prisoners in corridors or dispensed through a hatch in view of other prisoners. Also prisoners continued to be systematically handcuffed during hospital transfers; the CPT reiterates that handcuffs should only be applied after an individualised risk assessment. Delays in prisoners with mental-health problems being transferred to psychiatric hospitals, in some cases for several months, remain a problem. Further, the placement of prisoners with acute mental health conditions in segregation units is inappropriate. The CPT recommends that prisoners suffering from severe mental illnesses are transferred immediately to an appropriate mental health facility. In this connection, high priority should be given to increasing the number of beds in psychiatric hospitals to ensure that in-patient health-care units, such as the one at Pentonville Prison, do not become a substitute for the transfer of a patient to a dedicated facility. Further, all prison staff should be trained to recognise the major symptoms of mental ill-health and understand referral procedures. Details: Strasbourg: Council of Europe, 2017. 102p. Source: Internet Resource: Accessed April 22, 2017 at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168070a773 Year: 2017 Country: United Kingdom URL: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168070a773 Shelf Number: 145160 Keywords: Correctional HealthHuman RightsJuvenile Detention CentersMental Health ServicesPolice BehaviorPolicingPrison ConditionsPrison Violence |
Author: American Civil Liberties Union Title: Worse than Second-Class: Solitary Confinement of Women in the United States Summary: Solitary confinement - locking a prisoner in isolation away from most, if not all, human contact for twenty-two to twenty-four hours per day for weeks, months, or even years at a time-is inhumane. When used for longer than fifteen days, or on vulnerable populations such as children and people with mental illness, the practice is recognized by human rights experts as a form of torture. Prisons and jails across the United States lock prisoners in solitary confinement for a range of reasons-punitive, administrative, protective, medical-but whatever the reason, the conditions are similarly harsh and damaging. Experts in psychology, medicine, and corrections agree that solitary confinement can have uniquely harmful effects; this consensus has led experts to call for the practice to be banned in all but the most extreme cases of last resort, when other alternatives have failed or are not available, where safety is a concern, and for the shortest amount of time possible. Across the United States, jails and prisons hold more than 200,000 women. These prisoners are routinely subjected to solitary confinement. Yet the use of solitary on women is often overlooked. Although the negative psychological impacts of solitary confinement are well known, the unique harms and dangers of subjecting women prisoners to this practice have rarely been examined or considered in evaluating the need for reforms in law or policy. As the number of incarcerated women climbs at an alarming pace, women and their families and communities are increasingly affected by what happens behind bars. It is critical to address the treatment of women in prison-especially those women subjected to the social and sensory deprivation of solitary confinement. Details: New York: ACLU, 2014. 22p. Source: Internet Resource: Accessed May 1, 2017 at: https://www.aclu.org/sites/default/files/field_document/worse_than_second-class.pdf Year: 2014 Country: United States URL: https://www.aclu.org/sites/default/files/field_document/worse_than_second-class.pdf Shelf Number: 132384 Keywords: Female InmatesHuman RightsIsolationRestrictive HousingSolitary Confinement |
Author: Carroll, Aengus Title: State-Sponsored Homophobia 2017: A World Survey of Sexual Orientation Laws: Criminalisation, Protection and Recognition Summary: On reviewing this 12th edition of State Sponsored Homophobia, the ancient Arabic phrase, later to be adopted by everyone, comes to mind: 'knowledge itself is power'. This report offers a compilation of useful, credible data to human rights defenders, civil society organisations, governments, UN and regional agencies, media, and allies of our communities in the fight for a more just and inclusive society. The data is compiled with the express purpose of supplying precise detail and current sources. As such, a single tool may be used for different purposes: this information can be useful to support advocacy and change processes in societies where sexual orientation intersects with other issues; institutions can take stock of human rights violations faced by LGBQ people worldwide and accelerate efforts to end these atrocities; media and allies can find precise references to the actual content of laws, and then report and raise awareness of where this information leads. Since the launch of our first edition in 2006, State Sponsored Homophobia has become increasingly richer in its content and more detailed. It it a unique document: it bridges the world of technical black-letter law provisions, tracks progress in global and regional human rights settings, and offers insight (and abundant sources) into the social conditions that LGBQ people lived in and experienced over the past year. In this edition, the theme of Protection of our Communities underpins the short essays and entries on countries. There is, therefore, significant attention paid to the concept of persecution and the necessity to fee, as well as to barriers to the founding, establishment and/or registration of sexual orientation-related NGOs, along with a new category about countries which have banned so-called 'conversion therapy'. As we witness threats to civil society spaces in countries traditionally known for their openness, and new pieces of legislation being adopted in more repressive societies, this is a much needed discussion. In times when basic democratic principles and even notions of respect for human rights, solidarity, and the rule of law are under threat, we witness everyday how the gains made by the broader human rights movement are never set in stone, and must be fought for and protected continuously. The number of laws that safeguard our rights to express a different sexual-orientation (decriminalisation), protect us from violence and hatred, or that recognise us as human beings who need relationship, have expanded greatly over the years. This is why the value of having non-anecdotal information on how the situation facing our communities is evolving across the world can't be overstated. Comparative overviews like the one of State Sponsored Homophobia offer human rights defenders valuable learning on other States: how rights are denied or upheld, what scapegoating looks like, and how our issues become ideological battlefields in political spaces. Details: Geneva: International Lesbian, Gay, Bisexual, Trans and Intersex Association, 2017. 196p. Source: Internet Resource: http://ilga.org/what-we-do/state-sponsored-homophobia-report/ Year: 2017 Country: International URL: http://ilga.org/what-we-do/state-sponsored-homophobia-report/ Shelf Number: 145560 Keywords: Hate Crimes Homophobia Human RightsSexual Orientation |
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: Alliance for Child Protection in Humanitarian Action Title: Toolkit on Unaccompanied and Separated Children Summary: This toolkit includes the following: Key international instruments and guidelines relating to UASC Child-specific human rights instruments - United Nations Convention on the Rights of the Child (CRC), 1989 - Optional Protocol to the CRC on the Involvement of Children in Armed Conflict, 2000 - Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, 2000 - Optional Protocol to the CRC on a Communications Procedure, 2011 - Rome Statute of the International Criminal Court, 1998 - Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (International Labour Organization (ILO) Convention No. 182), 1999 - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (Anti-Trafficking Protocol), 2000 - The Hague Conference on Private International Law - Convention for the Protection of Minors, 1961 - Convention on the Civil Aspects of International Child Abduction, 1980 - Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption, 1993, and its Recommendation Concerning the Application to Refugee Children and Other Internationally Displaced Children, 1994 - Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, 1996 - Rules for the Protection of Juveniles Deprived of their Liberty, 1990 Details: s.l.: The Alliance, 2017. 250p. Source: Internet Resource: Accessed September 11, 2017 at: https://childprotectionallianceblog.files.wordpress.com/2017/04/tools-web-2017-0322.pdf Year: 2017 Country: International URL: https://childprotectionallianceblog.files.wordpress.com/2017/04/tools-web-2017-0322.pdf Shelf Number: 147220 Keywords: Child ProtectionChild TraffickingChild WelfareHuman RightsHuman SmugglingRights of the ChildUnaccompanied Children |
Author: Sanchez, Nelson Camilo Title: Cuentas claras: El papel de la Comision de la Verdad en la develacion de la responsabilidad de empresas en el conflicto armado colombiano Summary: This report examines the relationship between private businesses and paramilitary groups during Colombia's decades-long armed conflict, arguing that a post-conflict truth commission should investigate these potentially criminal dealings. Details: Bogota, Colombia; Dejusticia: 2018. 118p. Source: Internet Resource: Accessed march 16, 2018 at: https://www.dejusticia.org/wp-content/uploads/2018/02/Cuentas-Claras.pdf?x54537 Year: 2018 Country: Colombia URL: https://www.dejusticia.org/wp-content/uploads/2018/02/Cuentas-Claras.pdf?x54537 Shelf Number: 149492 Keywords: Economic CrimesHuman RightsParamilitary Groups |
Author: Amnesty International Netherlands Title: Policing Assemblies Summary: A public assembly is a dynamic social process which often starts long before the actual assembly takes place. However, in particular when public assemblies turn into violence, what is usually seen is a photograph or a video of law enforcement officials (LEOs) and demonstrators clashing in some way. Such a picture gives only a one-dimensional idea of what happened. This paper aims to provide those who wish to monitor or analyse public assemblies - e.g. human rights and other civil society organisations, or journalists - with a broader view about them. It aims to provide them with an understanding about the planning and preparatory process undertaken by law enforcement agencies and enable them to identify causes and failures throughout the process where things may have gone wrong. It should in the end enable them to formulate constructive recommendations for the future which go beyond simply the necessary response of calling for investigation of incidents and bringing to justice those who commit human rights violations or abuses. Details: Amsterdam: Amnesty International Netherlands, 2013. 32p. Source: Internet Resource: Police and Human Rights Programme - Short paper series no. 1: Accessed April 4, 2018 at: https://www.amnesty.nl/actueel/short-paper-series-no-1-policing-assemblies Year: 2013 Country: Netherlands URL: https://www.amnesty.nl/actueel/short-paper-series-no-1-policing-assemblies Shelf Number: 149681 Keywords: Crowd ControlDemonstrationsHuman Rights |
Author: Haugaard, Lisa Title: Between a Wall and a Dangerous Place: The Intersection of Human Rights, Public Security, Corruption & Migration in Honduras and El Salvador Summary: In January 2018, the Trump Administration made the decision to terminate in 18 months the special immigration protections, Temporary Protected Status, which allowed some 200,000 Salvadoran men and women to work and live legally in the United States, following natural disasters affecting their country. In May 2018, the administration will determine the fate of some 57,000 Hondurans under the same program. Salvadorans and Hondurans in the United States are also dramatically affected by other new restrictions and uncertainties on immigration policies, including the termination of the Deferred Action for Childhood Arrivals (the DACA program) for the young people known as the Dreamers-some 50,000 of whom are from these two countries. Hondurans and Salvadorans fleeing violence today and seeking refuge in the United States face increased difficulties in accessing protections at the border and applying for asylum. Back in their home countries, gang violence and organized crime grimly affect Hondurans' and Salvadorans' daily lives and force them to go into hiding or leave their homes. Their governments' failures to adequately protect their citizens, and indeed, state security forces pursuing hardline strategies that put people, especially young men, at risk, add to the harsh facts of life in El Salvador and Honduras. Women face additional risks from gangs and from domestic violence, and LGBTI persons face violence motivated by societal prejudice-including from police. To this dangerous mix is added another trauma in Honduras: following a disputed presidential election, state violence against protestors left over two dozen people dead and President Juan Orlando Hernandez's government is moving to close space for citizens to defend their rights. This report is a series of blog posts written from October 2017 through March 2018 about the dangers and challenges faced by Honduran and Salvadoran citizens in their home countries, even as the Trump Administration moves to deport more Honduran- and Salvadoran-born people in the United States back to home countries they may no longer know and restrict protections to those fleeing. The series, based on interviews with activists, government officials, journalists, humanitarian workers, diplomats, and academics, shows how the dangers that propel children, teenagers, women, and men from those countries to seek refuge in the United States, Mexico, and elsewhere have not ended. Details: Washington, DC: Latin America Working Group Education Fund, 2018. 48p. Source: Internet Resource: Accessed April 10, 2018 at: http://lawg.org/storage/documents/Between_a_Wall_and_a_Dangerous_Place_LAWGEF_web.pdf Year: 2018 Country: Latin America URL: http://lawg.org/storage/documents/Between_a_Wall_and_a_Dangerous_Place_LAWGEF_web.pdf Shelf Number: 149747 Keywords: CorruptionGangsHuman RightsImmigrationOrganized CrimePublic SecurityViolent Crime |
Author: Sentencing Project Title: Report of The Sentencing Project to the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance Regarding Racial Disparities in the United States Criminal Justice System Summary: The United States criminal justice system is the largest in the world. At yearend 2015, over 6.7 million individuals1) were under some form of correctional control in the United States, including 2.2 million incarcerated in federal, state, or local prisons and jails.2) The U.S. is a world leader in its rate of incarceration, dwarfing the rate of nearly every other nation.3) Such broad statistics mask the racial disparity that pervades the U.S. criminal justice system, and for African Americans in particular. African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, and they are more likely to experience lengthy prison sentences. African-American adults are 5.9 times as likely to be incarcerated than whites and Hispanics are 3.1 times as likely.4) As of 2001, one of every three black boys born in that year could expect to go to prison in his lifetime, as could one of every six Latinos-compared to one of every seventeen white boys.5) Racial and ethnic disparities among women are less substantial than among men but remain prevalent.6) The source of such disparities is deeper and more systemic than explicit racial discrimination. The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and people of color. The wealthy can access a vigorous adversary system replete with constitutional protections for defendants. Yet the experiences of poor and minority defendants within the criminal justice system often differ substantially from that model due to a number of factors, each of which contributes to the over-representation of such individuals in the system. As former Georgetown Law Professor David Cole states in his book No Equal Justice, These double standards are not, of course, explicit; on the face of it, the criminal law is color-blind and class-blind. But in a sense, this only makes the problem worse. The rhetoric of the criminal justice system sends the message that our society carefully protects everyone's constitutional rights, but in practice the rules assure that law enforcement prerogatives will generally prevail over the rights of minorities and the poor. By affording criminal suspects substantial constitutional rights in theory, the Supreme Court validates the results of the criminal justice system as fair. That formal fairness obscures the systemic concerns that ought to be raised by the fact that the prison population is overwhelmingly poor and disproportionately black.7) By creating and perpetuating policies that allow such racial disparities to exist in its criminal justice system, the United States is in violation of its obligations under Article 2 and Article 26 of the International Covenant on Civil and Political Rights to ensure that all its residents-regardless of race-are treated equally under the law. The Sentencing Project notes that the United Nations Special Rapporteur is working to consult with U.S. civil society organizations on contemporary forms of racism, racial discrimination, and related intolerance. We welcome this opportunity to provide the UN Special Rapporteur with an accurate assessment of racial disparity in the U.S. criminal justice system. This report chronicles the racial disparity that permeates every stage of the United States criminal justice system, from arrest to trial to sentencing to post prison experiences. In particular, the report highlights research findings that address rates of racial disparity and their underlying causes throughout the criminal justice system. The report concludes by offering recommendations on ways that federal, state, and local officials in the United States can work to eliminate racial disparity in the criminal justice system and uphold its obligations under the Covenant. Details: Washington, DC: The Sentencing Project, 2018. 16p. Source: Internet Resource: Accessed May 11, 2018 at: https://www.sentencingproject.org/publications/un-report-on-racial-disparities/ Year: 2018 Country: United States URL: https://www.sentencingproject.org/publications/un-report-on-racial-disparities/ Shelf Number: 150156 Keywords: DiscriminationHuman RightsRacial DisparitiesRacismXenophobia |
Author: Open Society Justice Initiative Title: Corruption that Kills: Why Mexico Needs an International Mechanism to Combat Impunity Summary: In 2017, Mexico experienced its deadliest year in two decades, with homicides exceeding 25,000. Despite the many crimes which have been committed in Mexico, however, criminal accountability still remains virtually absent. The extraordinary violence Mexico is experiencing, and the questions it raises about collusion between state actors and organized crime, demand a commensurate response. This report calls for an international mechanism-based inside the country, but comprised of national and international staff-which would have a mandate to independently investigate and prosecute atrocity crimes and the corrupt acts that enable them. This report follows the Open Society Justice Initiative's 2016 report, Undeniable Atrocities, which found reasonable basis to believe that Mexican federal forces and members of the Zetas cartel have perpetrated crimes against humanity. Corruption That Kills was produced by the Open Society Justice Initiative in partnership with eight Mexican organizations: the Mexican Commission for the Defense and Promotion of Human Rights, the Diocesan Center for Human Rights Fray Juan de Larios, Families United for the Search of Disappeared Persons, Piedras Negras/Coahuila, I(dh)eas Human Rights Strategic Litigationos, the Mexican Institute of Human Rights and Democracy, Miguel Agustin Pro Juarez Human Rights Center, the Foundation for Justice and Rule of Law, and PODER. Details: New York: Open Society Foundation, 2018. 74p. Source: Internet Resource: Accessed May 16, 2018 at: https://www.opensocietyfoundations.org/sites/default/files/corruption-that-kills-en-20180502.pdf Year: 2018 Country: Mexico URL: https://www.opensocietyfoundations.org/sites/default/files/corruption-that-kills-en-20180502.pdf Shelf Number: 150193 Keywords: Criminal Justice SystemsDrug Policy ReformHomicidesHuman RightsPolitical CorruptionViolence |
Author: Klopfer, Franziska Title: Private Security in Practice: Case studies from Southeast Europe Summary: Why and how should private security be regulated? A group of researchers from Albania, Bulgaria, Kosovo, Serbia and Switzerland has been examining these questions as part of a multi-year project called the Private Security Research Collaboration Southeast Europe ("PSRC:). The interest of the state in interfering with the activities of private security companies is twofold: first, to ensure that basic pillars of the modern democratic state such as the protection of human rights and the democratic order are not threatened. Second, because the stability of the state and the happiness and prosperity of its citizens also depend on factors such as functioning security and economy. In order to better target its regulation of private security, it would therefore be important for the state to know how private security companies (PSCs) impact on a country's human rights situation, the democratic order, a functioning security and (to a lesser extent) economy. For Private Security in Practice: Case studies from Southeast Europe the PSRC researchers assembled eight case studies that explore the impact that private security has on security, human rights and the democratic order in four Southeast European countries: Albania, Bulgaria, Kosovo and Serbia. Since regulation should not only limit the negative impact but also foster the positive contribution that private security can make, the authors specifically looked at how challenges posed by PSCs could be avoided and how opportunities can be seized. PSCs should be considered as part of the broader security sector governance framework. It is undeniable that private security plays an increasingly important role in the security sector of the four target countries. In addition, contemporary approaches to democratic security sector governance, consider that the security sector includes all actors who contribute to the provision, management and oversight of security. Providing security within the framework of good governance aims at enhancing state and human security. The human security imperative within good governance means that security meets the needs of all people within a society. This means firstly to ensure security in an efficient, effective and accountable manner. 'Accountable' means that decisions about security are made by the people or their representatives, and that those responsible for security delivery are overseen by and accountable to the peoples' representatives. The case studies therefore also explore what efficiency, effectiveness and accountability mean for private security providers in practice. The case study format was selected because the detailed examination of one incident, challenge or opportunity, allows the authors the analytical depth necessary to meaningfully grasp context, causes, and impacts of private security in practice. In principle a case study speaks exclusively for its specific context, and indeed the editors and authors do not claim that a complete picture of the challenges and opportunities presented by private security in the four target countries can be deduced from the eight case studies. However, the authors selected the case studies from incidents which they viewed as representative of wider trends in their respective countries. Because the aim of this research is to consider both the challenges and the opportunities posed by private security, the authors specifically set out to identify cases representative of both positive and negative industry trends. This said, closer analysis often revealed that 'positive' cases masked negative consequences, and vice versa. By exploring the reasons underpinning private security's positive or negative effect in the specific incidents studied, the case studies also highlight broader structural governance issues in each country. It is therefore possible to derive general lessons from the case studies both for the country in which the incident took place, and for private security in other countries which share similar contextual characteristics. In this vein, at the end of each part a short conclusion compares the lessons from the part's case studies and places them within a wider policy discussion. It closes with questions for policy makers; asking, on the basis of what we now know from the case studies, how we should address the private security governance challenges raised. Broadly, the case studies cover four governance challenges: the development of the private security market, particularly in relation to the state's retreat from its monopoly on security provision (Part 1); the role of private security in the protection of critical infrastructure (Part 2); the state as a client of private security companies and the impact of public procurement processes on the private security market (Part 3); and the success and failure of different policies aimed at improving the professionalism of private security personnel (Part 4). Previous research by the PSRC team demonstrated that these policy issues are important for each of the four target countries. However, it is worth noting that other pressing policy questions regarding private security exist in these countries, and the authors' choice does not indicate that the topics discussed are necessarily more pertinent or urgent than others. The final chapter - 'Policy Suggestions for Improving Private Security Governance in South East Europe' - collates the lessons and questions raised in Parts 1 to 4 in order to present new understandings of private security governance in Southeast Europe. It was the authors' hypothesis that many problems linked to private security in the four target countries are caused by an inadequate understanding of the appropriate role for private security in the security sector. This final chapter therefore closes by using the lessons drawn from Parts 1 to 4 to develop new understandings about what the contribution of private security to a democratic security sector should look like in the region. Details: Geneva: Geneva Centre for the Democratic Control of Armed Forces, 2016. 141p. Source: Internet Resource: Accessed August 2, 2018 at: https://www.dcaf.ch/sites/default/files/publications/documents/AAA_Case_Studies_nov_2016_v3_Final_single_page.pdf Year: 2016 Country: Europe URL: https://www.dcaf.ch/sites/default/files/publications/documents/AAA_Case_Studies_nov_2016_v3_Final_single_page.pdf Shelf Number: 151012 Keywords: Human RightsPrivate Policing Private Security Privatization Public Security |
Author: Lemgruber, Julita Title: Olho por Olho? O que pensam os cariocas sobre "bandido bom e bandido morto". OLHO BY OLHO? OR THAT THOUGHTS CARIOCAS ABOUT "BANDIDO BOM BANDIDO MORTO" Summary: Some national investigations have investigated the degree of concordance of the population with cliches of the type "good bandit is dead bandit" and "human rights only for human rights". The CESeC survey, in a sample of 2,353 inhabitants of the city of Rio de Janeiro aged 16 and over, tried to capture, additionally, profiles, ideas, perceptions and values related to the ideology of justice and the rejection of human rights in the area of criminal justice. Combining sample research and open interviews with specialists, the work seeks to deepen the knowledge of the subject and subsidize actions and campaigns that open possibilities for awareness and change. Details: Rio de Janeiro: CESeC, 2017. 70p. Source: Internet Resource: Accessed October 9, 2018 at: https://www.ucamcesec.com.br/livro/olho-por-olho-o-que-pensam-os-cariocas-sobre-bandido-bom-e-bandido-morto/ (In Portuguese) Year: 2017 Country: Brazil URL: https://www.ucamcesec.com.br/wp-content/uploads/2017/05/CESEC_BBBM_Web_final.pdf Shelf Number: 152861 Keywords: BanditsHuman Rights |
Author: Schiavone, Ann Title: K-9 Catch-22: The Impossible Dilemma of Using Police Dogs in Apprehension of Suspects Summary: In the past several years, the city of Pittsburgh, Pennsylvania has seen two canine police dogs (K-9s) killed in the line of duty, Rocco in January 2014, and Aren in January of 2016. Both were killed by stab wounds while attempting to apprehend suspects. The man who killed Rocco received significant jail for stabbing and killing the dog, while the man who killed Aren was fatally shot as a direct result of his actions toward the canine. While Rocco was vocally celebrated in the community, and sympathy primarily focused on the canine, the deaths of Aren and the suspect who killed him, Brian Kelley, Jr., led to a very different response. In the aftermath of the 2016 incident, there was significant vocal outcry from a variety of advocates (for both humans and animals) concerning the injustice of using K-9 officers to apprehend suspects and calling for a ban on such practices. Certainly, Pittsburgh's experiences are not unique, although they present a vivid backdrop for the discussion of whether K-9s should be used for apprehension of suspects and under what circumstances. This paper explores the legal and ethical questions surrounding the use of police dogs, specifically in the realm of apprehending suspects where a violent interaction between human and canine is inevitable. The Fourth Amendment allows the use of canine force against persons if "reasonable" under the totality of the circumstances, based on the officer's observations. However, that totality of circumstances does not take into account the very real and very reasonable fear response induced in humans by an animal attack, that in some cases compels the suspect to defend themselves and thus places the suspect at risk for further violence, and the police dog at risk for injury or death. Further, while any suspect may be compelled to resist or defend itself against a police dog, the historical usage of police dogs against African Americans, coupled with the deployment of police dogs more frequently in minority communities may tend to put African Americans at greater risk in this K-9 catch-22. Ultimately, the paper considers the question of whether, in light of human behavioral fear response to animal attacks coupled with examples of implicit racial bias, using police dogs in apprehension is ever truly "reasonable." Details: Pittsburgh, PA: Duquesne University School of Law, 2018. 35p. Source: Internet Resource: Accessed November 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3267314 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3267314 Shelf Number: 153344 Keywords: Animal rightsCanine officersHuman rightsK-9 unitPittsburghPolice dogs |
Author: Child Rights International Network Title: Caught in the Crossfire?: An International Survey of Anti-Terrorism Legislation and its Impact on Children Summary: As terrorism has proliferated in the last 20 years, so have States' counterterrorism strategies and the legislation that underpins them, which has introduced new surveillance measures, restrictions on behaviour, powers of detention, and hundreds of new offences carrying heavy sentences. In developing their counter-terrorism strategies, States are obliged to ensure that human rights are promoted and protected in full. Approaches that undermine human rights are not only unlawful; they are now widely understood to be counter-productive, insofar as they consolidate the social conditions in which terrorism can flourish. Nonetheless, States commonly regard human rights as an operational impediment and are allowing them to erode. No group has been more vulnerable to this than children and young people, particularly from marginalised minority groups. This report presents the findings from CRIN's research of anti-terrorism legislation in 33 countries across five continents. It shows that counterterrorism measures are leading to extensive violations of children's rights: - Children's behaviour and interests are monitored in schools and online, without their consent and sometimes without their knowledge; - Children are criminalised for association with terrorist groups, even for marginal involvement, rather than treated as victims of grooming and calculated indoctrination by recruiters; - Children can be routinely detained without charge for long periods under counter-terrorism powers in many countries; - Children convicted of offences, such as association with a terrorist group, are punished with harsh and sometimes extreme penalties; life imprisonment is not unusual, and in some countries children have been executed; - Some State military and intelligence agencies use children as spies and informants, exposing them to undue and potentially serious harm. These effects of counter-terrorism measures are unambiguously incompatible with States' human rights obligations to children. In particular, the strategies violate several specific rights of the child, including: - The right to privacy and to freedom of expression; - The right to be protected from violence and exploitation; - The right not to be used by State military and intelligence agencies; - The right not to be deprived of liberty unlawfully or arbitrarily and the right to be treated with dignity; - The right to a criminal justice system designed for the particular needs of children, and which recognises their lesser culpability by virtue of their cognitive and emotional immaturity relative to adults; - The right of a child to have their best interests treated as a primary consideration in all actions concerning them. Where apprehended children can be subject to extended detention without charge or harsh penalties after conviction, their treatment defies cardinal principles of juvenile justice established by the Convention on the Rights of the Child and other international rules and standards. In the worst cases, such punishments amount to torture, cruel, inhuman, or degrading treatment. Where counter-terrorism measures target one social group disproportionately, they are also likely to amount to a violation of the right to be free from discrimination. States have favoured a 'firefighting approach' to counter-terrorism, by targeting suspected terrorists but not the social conditions in which terrorism can flourish. Structural risk factors that radically increase children's vulnerability to recruitment, such as poverty, marginalisation and the stigmatisation of certain social groups - all of which are human rights violation in themselves - have been largely overlooked. A 'human rights first' approach to counter-terrorism would begin to reverse these social conditions. A human rights approach would not criminalise children for association with terrorist groups, nor incarcerate them for terrorism offences. Instead, it would recognise children's vulnerability to recruitment, supporting them to develop their own awareness of the risks. If children had been groomed and manipulated, the State would recognise their victimisation and provide rehabilitative care. Counter-terrorism authorities committed to human rights would not snoop on children, but would allow professionals charged with their care to make informed and measured decisions about any threats to their welfare. Nor should States ever imperil children by using them in the fight against suspected terrorists. No State needs to violate the human rights of its public to tackle terrorism effectively, nor is there any advantage to be gained from doing so. A State willing to sacrifice children's rights puts them in harm's way, while handing an easy victory to terrorism. Details: London, UK: The Child Rights International Network, 2018. 44p. Source: Internet Resource: Accessed January 20, 2019 at: https://archive.crin.org/sites/default/files/caughtinthecrossfire.pdf Year: 2018 Country: International URL: https://archive.crin.org/en/library/publications/caught-crossfire-international-survey-anti-terrorism-legislation-and-its-impact Shelf Number: 154254 Keywords: Anti-TerrorismConvention on the Rights of the ChildCounter-terorrismHuman RightsJuvenile JusticeJuvenile OffendersSurveillanceTerrorismTerrorism Recruitment |
Author: Inter-American Commission on Human Rights Title: Captive Communities: Situation of the Guarani Indigenous People and the Contemporary Forms of Slavery in the Bolivian Chaco Summary: EXECUTIVE SUMMARY 1. In this report the Inter‐American Commission on Human Rights (hereinafter "Inter‐American Commission" or "IACHR") analyzes the situation of the Guarani indigenous people in the region known as the Bolivian Chaco, focusing particularly on the situation of Guarani families subjected to conditions of debt bondage and forced labor. This phenomenon, which affects approximately 600 families, is known by reference to "captive communities," and it clearly involves contemporary forms of slavery that should be eradicated immediately. In addition, this report analyzes the situation these captive communities face in order to gain access to their ancestral territory. 2. The report was preceded by a working and observation visit conducted June 9-13, 2008, by Commissioner Luz Patricia Mejia Guerrero, in her capacity as Rapporteur for Bolivia, and by Commissioner Victor E. Abramovich, in his capacity as Rapporteur on the Rights of Indigenous Peoples. 3. The Commission deplores the existence in Bolivia of practices of bondage and forced labor, which are absolutely prohibited by the American Convention on Human Rights and other international instruments to which Bolivia is a party. The Commission also observes that the situation of bondage and forced labor in which the captive communities live is an extreme manifestation of the discrimination that indigenous peoples have suffered historically and continue suffering in Bolivia. 4. Despite the efforts made by the Bolivian State (hereinafter "the State," "Bolivia," or "the Bolivian State") to address the situation of bondage and forced labor and to facilitate the reconstitution of the Guarani territory, there are still captive communities whose members are subject to performing forced labor for debts supposedly contracted and who most of the time do not receive any salary for their work. 5. The report concludes with recommendations aimed at cooperating with the Bolivian State in its efforts to eradicate these contemporary forms of slavery and to guarantee and protect the human rights of the Guarani indigenous people, especially their collective property, their right of access to justice, and their right to a dignified life. The recommendations include actions to: (1) prevent, investigate, and punish contemporary forms of slavery; (2) reconstitute the territory of the Guarani indigenous people; and (3) guarantee access to justice for the Guarani indigenous people and all other indigenous peoples in Bolivia. Details: S.L., 2009. 73p. Source: Internet Resource: Accessed January 30, 2019 at: https://www.oas.org/en/iachr/indigenous/docs/pdf/captivecommunities.pdf Year: 2009 Country: Bolivia URL: http://www.cidh.org/countryrep/ComunidadesCautivas.eng/toc.htm Shelf Number: 154314 Keywords: BondageForced LaborHuman RightsIndigenous PeopleModern SlaverySlavery |
Author: Sadat, Leila Nadya Title: The U.S. Gun Violence Crisis: Human Rights Perspectives and Remedies Summary: Abstract This report examines the U.S. gun violence crisis in light of the U.S. government's international human rights obligations. It concludes that the failure of the U.S. government to exercise due diligence with respect to preventing and reducing gun-related violence through the adoption of reasonable and effective domestic measures has limited the ability of Americans to enjoy many fundamental freedoms and guarantees protected by international human rights law. These include: the right to life and bodily integrity, the right to security of person, the right to an education, the right to health, the right to freedom of opinion and expression, the right to peaceful assembly, the freedom of religion, the right to share in cultural life, and the right to be free from discrimination and ill-treatment. These rights are enshrined in human rights treaties ratified by the United States as well as in customary law. The Report analyzes the legal and factual dimensions of U.S. gun violence and recommends that advocates of gun reform pursue potential avenues of inquiry before international fora to obtain authoritative interpretations of U.S. human rights obligations in respect to the duty to prevent and protect; use those authoritative interpretations to shift the normative discourse in the United States away from a "gun rights" towards a "human rights" rubric; and endeavor to integrate international legal interpretations of U.S. human rights obligations into U.S. domestic law at the federal, state, and local levels. Details: St. Louis, Missouri: Washington University in St. Louis, School of Law, 2019. 120p. Source: Internet Resource: Accessed March 30, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3317143 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3317143 Shelf Number: 155250 Keywords: Gun Control Gun Crisis Gun Rights Gun Violence Gun-Related Violence Human Rights |
Author: Southern Poverty Law Center Title: Solitary Confinement: Inhumane, Ineffective, and Wasteful Summary: Around the world and increasingly in the United States, there's a growing consensus that solitary confinement of incarcerated persons is, at best, an ineffective and inhumane practice with little or no carceral benefit and, at worst, outright torture. Yet, on any given day, the Florida Department of Corrections (FDC) holds approximately 10,000 people - more than 10 percent of its population - in solitary. The nationwide average was 4.5 percent in 2018. Numerous studies have shown that solitary confinement harms a person's mental and physical health, as well as the community to which the person eventually returns. People in solitary, in fact, attempt suicide at a much higher rate than those in the general population. What's more, solitary is disproportionately used for people with mental illnesses, people of color, and people with disabilities. In the late 1990s, the FDC was sued by a statewide class of incarcerated people because of its dangerous and inhumane solitary confinement practices. That lawsuit, Osterback v. Moore, resulted in limited reforms. Unfortunately, after the Osterback settlement, solitary confinement in Florida's prisons did not end, it merely evolved. The FDC's failure is compounded by the fact that Florida keeps far too many people in prison in the first place. With one of the highest incarceration rates in the country the state spends more than $2.4 billion a year to imprison more than 96,000 people. That's the third-largest state prison population in the United States. Although the number of people admitted to Florida prisons has trended downward over the last decade, the overall prison population has not decreased at a proportionate rate because of increases in sentence length and rules restricting early release. In addition, the state cut substance abuse and mental health programs for incarcerated people in 2018. The prison system also has experienced chronic staffing shortages. This environment only heightens the prospect that an incarcerated person will be placed in solitary; because the system is strained, prison officials too readily resort to solitary for discipline - or in the case of overcrowded facilities - for housing. Solitary confinement does not improve public safety. Studies show that when people who have been in solitary return to their communities, they are more likely to commit crimes than those who were not subjected to it. Other states have recognized the wasteful and destructive nature of solitary confinement and have adopted more humane and less costly alternatives. It's time for Florida to recognize that solitary confinement is not the answer; rather, it is part of the problem. Details: Montgomery, AL: Author, 2019. 28p. Source: Internet Resource: Accessed April 23, 2019 at: https://www.splcenter.org/sites/default/files/com_solitary_confinement_0.pdf Year: 2019 Country: United States URL: https://www.splcenter.org/sites/default/files/com_solitary_confinement_0.pdf Shelf Number: 155497 Keywords: Human Rights Imprisonment Isolation Restricted Housing Solitary Confinement |
Author: Fekete, Liz Title: When witnesses won't be silenced: citizens' solidarity and criminalisation Summary: Chronicling 17 cases involving 99 people in 2018 and the first months of 2019, this second report [1] on the criminalisation of humanitarian actors, shows the expansion and escalation of states' prosecutions during the 'migrant crisis'. For example, 2018 saw charges include: Membership of a criminal network or gang as well as, in the Stansted 15 case, terrorism-related offences In some cases, individuals and organisations have had phones tapped and bank accounts frozen In the case of search and rescue NGOs investigation and/or prosecution has been accompanied by 'smear campaigns' which seem to be spearheaded by the Italian government to delegitimize, slander and obstruct aid associations Details: London: Institute of Race Relations. 2019. 30p. Source: Internet Resource: Briefing Paper No. 13: Accessed April 26, 2019 at: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2019/04/24131900/When-witnesses-wont-be-silenced-FINAL.pdf Year: 2019 Country: Europe URL: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2019/04/24131900/When-witnesses-wont-be-silenced-FINAL.pdf Shelf Number: 155555 Keywords: Asylum Seekers Human Rights Humanitarian Aid Immigration EnforcementImmigration Policy Migrants |
Author: Calderon, Laura Title: Organized Crime and Violence in Mexico. Analysis Through 2018 Summary: Justice in Mexico, a research-based program at the University of San Diego, released its 2019 report on Organized Crime and Violence in Mexico, co-authored by Laura Calderon, Kimberly Heinle, Octavio Rodriguez Ferreira, and David A. Shirk. This report analyzes the latest available data to broadly assess the current state of violence, organized crime, and human rights in Mexico. The tenth edition in a series is published under a new title to reflect the gradual shift that has occurred to the restructuring illicit drug trade and the rise of new organized crime groups. In 2018, Mexico saw record violence with 28,816 homicide cases and 33,341 victims reported by the Mexican National Security System (Sistema Nacional de Seguridad Publica, SNSP). This reflects the continued augmentation in violent crime in Mexico for more than a decade with a notable increase in the last few years. The homicide rate has dramatically escalated from 16.9 murders per 100,000 inhabitants in 2015 as reported to UNODC to 27.3 per 100,000 in 2018 based on SNSP figures. In this and past reports, the authors attribute much of the violence, between a third to a half, to the presence of organized crime groups, particularly drug trafficking organizations. According to the report, violence has become more pervasive throughout the country but remains highly concentrated in a few specific areas, especially in the major drug trafficking zones located in the northwest and the Pacific Coast. The top ten most violent municipalities in Mexico accounted for 33.6% of all homicides in Mexico in 2018, with 24.7% concentrated in the top five: Tijuana (2,246), Ciudad Juarez (1,004), Acapulco (839), Cancun-Benito Juarez (537), Culiacan (500). Details: San Diego: Justice in Mexico, Department of Political Science & International Relations, University of San Diego, 2019. 71p. Source: Internet Resource: Accessed May 2, 2019 at: https://justiceinmexico.org/wp-content/uploads/2019/04/Organized-Crime-and-Violence-in-Mexico-2019.pdf Year: 2019 Country: Mexico URL: https://justiceinmexico.org/wp-content/uploads/2019/04/Organized-Crime-and-Violence-in-Mexico-2019.pdf Shelf Number: 155611 Keywords: Drug TraffickingHomicidesHuman RightsOrganized CrimeViolenceViolent Crime |
Author: Worwood, Erin B. Title: Statewide Evaluation of Utah Mental Health Courts: Phase I Summary: This report provides details on the programs, participants, eligibility criteria, and methods/outcomes used to study 43 MHCs across the United States, Australia, and Canada. It also describes the program components, target populations, and available data for the nine MHCs in Utah. Both the Utah MHCs and the studies included in this review reflect significant heterogeneity in terms of program and study components. Unfortunately, these differences limit the generalizability of findings across programs. Nevertheless, this report provides a detailed cataloguing of methods used to evaluate the impact of MHCs and can be used to inform discussions as a statewide evaluation plan is finalized. Details: Salt Lake City, Utah: University of Utah, Utah Criminal Justice Center and College of Social Work, 2015. 59p. Source: Internet Resource: Accessed June 7, 2019 at: https://socialwork.utah.edu/_resources/documents/ucjc-reports/statewide-ut-mhc-study_part-1-report.pdf Year: 2015 Country: International URL: https://socialwork.utah.edu/research/reports/posts/statewide-mental-health-court-study/index.php Shelf Number: 156208 Keywords: Disabilities Human Rights Jails Mental Health Courts Mental Hospitals Mental Illness Prison Reentry |
Author: Secor, David Title: A Better Way: Community-Based Programming as an Alternative to Immigrant Incarceration Summary: Human rights norms and international law demand that immigrants benefit from a presumption of liberty during case adjudication. The use of immigration detention has been repeatedly proven inefficient, ineffective, and at odds with human welfare and dignity. Throughout the world, governments and non-governmental organizations are operating a growing variety of alternatives to detention. Evidence-based studies consistently prove community-based programs to be safer than a detention-based approach, vastly less expensive, and far more effective at ensuring compliance with government-imposed requirements. Most importantly, community-based alternatives offer a framework for refugee and migrant processing that is welcoming and allows families and communities to remain together. Instead of pursuing alternatives, the United States has dramatically expanded its reliance on immigration detention in recent decades. Prior to the 1980s, the United States government rarely jailed individuals for alleged violations of the civil immigration code. This changed in the late 1980s, and the use of detention increased significantly after the government authorized the indefinite detention of Haitian asylum seekers at Guantanamo Bay in 1991, claiming a need to control the movement of arriving refugees and migrants. Using many of the same structures that were fueling mass incarceration of communities of color across America, the United States started locking up immigrants at unprecedented levels. The immigration detention system quickly metastasized, fueled by profit and fear. Today it is a sprawling network of wasteful prisons operated by for-profit companies, county jails, and a small number of processing centers owned by Immigration and Customs Enforcement (ICE) that are interchangeable from jails in structure and practice.5 The number of individuals locked in immigration detention skyrocketed from an average of 7,000 per day in 1994 to more than 50,000 in 2019. The Trump administration is demanding even more funds to open more immigrant jails and expand those already in operation, beyond spending levels approved by Congress. Human rights violations are rampant throughout United States immigration jails. Those who leave the system carry psychological and physical scars. Asylum seekers and immigrants should be welcomed to the United States, not greeted by a jail cell. A transformative approach to migration management, developed in reliance on evidence-based analysis and comparative models, could support immigrants and their families in a manner that invests in all communities. Details: Chicago, Illinois: National Immigrant Justice Center, 2019. 23p. Source: Internet Resource: Accessed June 19, 2019 at: https://www.immigrantjustice.org/sites/default/files/uploaded-files/no-content-type/2019-04/A-Better-Way-report-April2019-FINAL-full.pdf Year: 2019 Country: United States URL: https://www.immigrantjustice.org/research-items/report-better-way-community-based-programming-alternative-immigrant-incarceration Shelf Number: 156523 Keywords: Asylum SeekersCommunity-Based ProgramsEvidence-Based ApproachHuman RightsHuman WelfareImmigrant DetentionImmigrantsImmigration and Customs EnforcementMigrantsRefugee |
Author: Walker, Summer Title: Fragmented But Far-Reaching: The UN System's mandate and response to organized crime Summary: From peace operations to how to better manage forests and food supply chains, the United Nations (UN) is engaged in the fight against organized crime and efforts to mitigate its impact within the ambit of the UN's wider goals: peace and security, human rights and sustainable development. Mandates relating to key crime types are often allocated to one or more agencies or departments across the UN System, but, as always, mandates evolve, and information about these mandates and the relevant programmes and activities carried out by agencies can be fragmented, scattered and duplicatory. For some emerging or resurging forms of crime, mandates allocated decades ago have required a far more comprehensive set of responses in their contemporary forms. To better understand the UN's overall mandate for addressing organized crime, the Global Initiative conducted a desk review of the UN's entities and agencies to identify their mandates and working agendas for organized crime, specifically in relation to the UN's work on six crime types that have had major impacts on broader UN goals, including the UN Sustainable Development Goals (SDGs). This paper is a companion piece to an interactive online tool, which displays the organized-crime agendas within the UN System. The tool's purpose is to provide a better understanding of the UN's counter-crime work and serve as a basis for discussion about how organized crime challenges, which are now far-reaching and serious, could be more effectively met and how UN System resources can be used more coherently. The mandate for addressing organized crime extends across the UN System in a way that is expansive, exhaustive and certainly under-appreciated. A review by the Global Initiative has identified a working agenda for 79 out of the UN's 102 entities, bodies and agencies, or nearly 77 per cent. The research (see Figure 1) found that 37 per cent of these entities address human trafficking, and 33 per cent work on illicit drugs. Environmental crime was third, with 28 per cent of entities addressing related issues. Cybercrime and financial crime both saw 22 out of the 102 entities addressing the issue (21 per cent), and arms trafficking is worked on by 21 entities, yet this understanding of arms trafficking does not include illicit chemical and nuclear material trafficking. This paper examines the implications this has for the UN System given such a widely dispersed mandate. Organized crime is a cross-cutting threat to the goals of many different sectors, in all three core areas of the UN's work: peace and security, human rights and development. Previous analysis conducted by the Global Initiative found that organized crime affects a high proportion of the SDGs. An additional Global Initiative review of UN Security Council (UNSC) resolutions in 2018 found that 22 of the 54 resolutions (40 per cent) referred to a form of organized crime, showing a significant recognition of the problem on the international security agenda. Given the diverse nature of organized-crime threats, it is possible to argue that perhaps it is only right that the requirement to respond to organized crime is distributed across the UN System so widely. But without a coherent strategy underpinning this wide mandate, responses to organized crime across the system can be fragmented, and opportunities to achieve synergies and learn lessons from responses are not maximized, or perhaps not realized at all. Organized crime is a challenge that rises and falls on the global policy priority list. The diversity of illicit markets and the fact the harm caused by organized crime tends to be more corrosive in nature than sensational mean that it is often overlooked or downgraded on the priority list. However, over the past two decades, there have been certain points when the threat of a specific form of organized crime became so compelling that it demanded an urgent response from the international community and the UN System. These flashpoints in the debate - for example, during the piracy crisis in the Gulf of Aden in 2011/12 (see page 3), or the demand for a response to human smuggling and trafficking in 2016/17 - have regrettably shone a light on the UN System's shortcomings rather than draw attention to the efficacy of the world's global governance mechanism to respond to shared, transnational threats that require collective response. Many efforts have been made to create better UN System coherence, but with the global scale and impact of organized crime on the rise, the need to recognize its corrosive impact on major UN objectives should be an imperative for the following reasons: - Organized crime is a leading cause of violence and homicide globally. - Criminal interests and corruption in natural-resource sectors are leading drivers of deforestation and unsustainable natural-resource extraction. - Organized crime has a destructive impact on governance, anti-corruption, economic development and trade, and environmental protection efforts. - Serious rights violations to individuals are caused by organized crime, such as the interlinking phenomena of modern slavery, forced labour, human trafficking and aggravated smuggling. It is very clear when looking at the spread of activity across the system that the issue is not solely a law-enforcement problem. Threats posed by criminal groups are wide-ranging: they impact good governance, breed corruption and weaken development agendas. A holistic view of the issues aligned with increased coherence would help shrink the learning curve on the pervasive impact of organized crime on international security, development and human rights. Details: Geneva: Global Initiative Against Transnational Organized Crime, 2019. 28p. Source: Internet Resource: Accessed June 24, 2019 at: https://globalinitiative.net/wp-content/uploads/2019/06/gitoc_un_june_19.pdf Year: 2019 Country: International URL: https://globalinitiative.net/wp-content/uploads/2019/06/gitoc_un_june_19.pdf Shelf Number: 156607 Keywords: Arms TraffickingCybercrimeEnvironmental CrimeFinancial CrimeHuman RightsHuman TraffickingIllicit DrugsModern SlaveryOrganized CrimeTransnational Organized CrimeUnited Nations |
Author: Solitary Watch Title: Louisiana on Lockdown: A Report on the Use of Solitary Confinement in Louisiana State Prisons, With Testimony From the People Who Live It Summary: Te use of solitary confinement in the state of Louisiana has penetrated the broader public consciousness largely through the story of the Angola 3. Over the past decade, the harrowing saga of three African American men-all likely innocent of the prison murders that were used to justify confining them in solitary for up to 43 years-sparked media attention and public outcry as the ultimate expression of harsh, racist, Southern injustice. But there is another story to be told about solitary confinement in Louisiana. Like the story of the Angola 3, it is deeply rooted in the history of racial subjugation and captivity in the South, which begins with slavery and stretches through convict leasing and Jim Crow to the modern era of mass incarceration. However, it extends far beyond the lives of just three men. This is the story of a prison system where, on any given day, nearly one in five people is being held in isolation, placed there by prison staff, often for minor rule violations or "administrative" reasons. When it conducted a full count in the fall of 2017, the Louisiana Department of Public Safety and Corrections (LADOC) reported that 19 percent of the men in its state prisons - 2,709 in all - had been in solitary confinement for more than two weeks. Many had been there for years or even decades. The Vera Institute of Justice, which released its own report on solitary confinement in Louisiana earlier this year, similarly found over 17 percent of the state's prison population in solitary in 2016. These rates of solitary confinement use were more than double the next highest state's, and approximately four times the national average. Given that Louisiana also has the second highest incarceration rate in the United States, which leads the world in both incarceration and solitary confinement use, it is clear that Louisiana holds the title of solitary confinement capital of the world. Te state has this dishonorable distinction at a time when a growing body of evidence offers proof of the devastating psychological and social harms caused by prolonged solitary confinement, as well as its ineffectiveness as a tool to reduce prison violence. In 2015, when it revised its Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules), the United Nations acknowledged that solitary confinement of 15 days or more is cruel, inhumane, and degrading treatment that often rises to the level of torture. Taken together, these facts indicate that the state of Louisiana is abusing and at times torturing thousands of its citizens for no legitimate purpose whatsoever. Te numbers, however, still tell only part of the story. Just as Albert Woodfox's memoir "Solitary" powerfully conveys what it is like to live for decades in conditions that are designed "to break people," the words of individuals living in solitary confinement are vital to understanding the reality of what is happening today in Louisiana's prisons. For this report, we collected information directly from those men and women. The bulk of the report is based on detailed responses from more than 700 lengthy surveys completed by individuals in solitary, whose names and identifying information have been changed to protect their safety and privacy. Their descriptions paint a grim picture of long stretches of time spent in small cells that are often windowless, filthy, and/or subject to extreme temperatures, where they are denied basic human needs such as adequate food and daily exercise, and subject to many forms of abuse as well as to unending idleness and loneliness, resulting in physical and mental deterioration. Since surveys were returned voluntarily, the results cannot be viewed as a comprehensive or representative sampling. Yet with more than 700 responses from all nine of the state's prisons, which provided personal narratives as well as quantitative data, we believe our report complements, builds upon, and adds an even greater sense of urgency to previous recommendations for reform of solitary confinement in Louisiana, including those included in the recent report by the Vera Institute of Justice. At a moment when LADOC has, for the first time, shown willingness to reconsider and reduce its use of solitary confinement, the findings in this report offer vital insights-and illuminate a path toward the sweeping changes that must be made if Louisiana is to create a prison system that succeeds in both advancing public safety and preserving the human rights of incarcerated people. Details: New York: Authors, 2019. 135p. Source: Internet Resource: Accessed June 26, 2019 at: https://solitarywatch.org/wp-content/uploads/2019/06/Louisiana-on-Lockdown-Report-June-2019.pdf Year: 2019 Country: United States URL: https://solitarywatch.org/wp-content/uploads/2019/06/Louisiana-on-Lockdown-Report-June-2019.pdf Shelf Number: 156632 Keywords: Administrative SegregationHuman Rights Imprisonment Isolation Restricted Housing Solitary Confinement |