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Posts tagged Human Rights
Who’s Watching Washington: Dangers of Automated License Plate Readers to Immigrant and Reproductive Rights in Washington State

By Center for Human Rights, The Henry M. Jackson School of International Studies, University of Washington,

In recent years, local and state governments in Washington have taken important legislative and executive action to protect vulnerable residents from rights abuses. Many of these actions, such as the so-called “sanctuary” laws of Keep Washington Working (2019) and Courts Open to All (2020) Acts, seek to protect the rights of migrants by limiting the degree to which local authorities can collaborate with civil immigration enforcement by ICE or CBP. More recently, the language of “sanctuary” has also been used in the context of the right to reproductive health care at both the state and local levels. On June 30, 2022, Governor Jay Inslee issued a directive prohibiting the Washington State Patrol from “providing any cooperation or assistance whatsoever” with efforts to investigate or prosecute those seeking access to reproductive health care in our state. And some local jurisdictions have followed suit. On July 5, 2022, King County Executive Dow Constantine issued an order banning the King County Sheriff and other county agencies from providing any information or assistance with efforts to “obstruct, restrict, diminish or discourage” access to reproductive health care. On July 26, 2022, the Seattle City Council voted to bar local police from assisting in investigations or executing warrants issued by other jurisdictions that criminalize seeking or assisting in abortions. These strongly worded directives are important statements of Washington state values. Yet research conducted in Washington and elsewhere shows that data gathered by state and local law enforcement remains accessible to both law enforcement from other states, and federal immigration enforcement agencies, through interoperable databases. ICE documents show that federal immigration agents have deliberately increased their use of digital tools in recent years in direct response to the limitations created by local policies designed to limit collaboration with federal immigration enforcement. Although it remains to be seen whether out-of-state attempts to prosecute people for seeking or providing, access to abortions in Washington will pass legal muster, automatic license plate recognition (ALPR) data documenting presence at abortion clinics in our state could be deployed as a powerful tool to flaunt Washington policies. For Washington to live up to its promises to provide “sanctuary” for those exercising their lawful rights in Washington, our state and local governments must take steps to close the gaps in existing systems of digital surveillance. Towards this end, the UW Center for Human Rights has launched an effort to understand the practices of digital surveillance in our state and their potential to undermine access to the very rights protections our government has pledged to uphold. This report focuses on just one dimension of this multidimensional threat: the dangers posed by the misuse of automated license plate recognition technology by law enforcement agencies. Future reports will examine other digital tools.

Seattle: University of Washington,  CENTER FOR HUMAN RIGHTS,  HENRY M. JACKSON SCHOOL OF INTERNATIONAL STUDIES, 2022. 23p.

“Why Do They Hate Us So Much?” Discriminatory Censorship Harms Education in Florida

By Trey Walk, and Maria Burnett,

  Since 2021, political leaders in the US state of Florida have reshaped K-12 schools through laws and policies that censor, distort, and discriminate. Such efforts include passing laws restricting classroom instruction about race in US history, sexual orientation and gender identity, banning books available to students, and setting inaccurate and misleading civics and history standards. “Why Do They Hate Us So Much?” documents the impacts on students of Florida’s denial of access to accurate information about Black history, systemic racism, and about their health, when related to sexual orientation or gender identity. Florida leads the United States in the number of books banned from classrooms and school libraries, primarily literature written by or about LGBTQ people and people of color. Students and teachers report that new legal and curriculum changes have created an environment more conducive to harassment and discrimination in the classroom on the basis of race, sexual orientation, and gender identity. Parents and teachers describe the difficulty of providing children with an education free from discrimination in the increasingly hostile environment. Human Rights Watch, Florida Rising, and Stanford Law School Rule of Law Impact Lab call on Florida to rescind its discriminatory policies and promote a curriculum that counters discrimination and prepares students to live healthy lives in a diverse society. They also call for a bold federal response to address this civil and human rights crisis in US public schools.  

New York: Human Rights Watch, 2024. 107p.

“We Try to Stay Invisible”: Azerbaijan's Escalating Crackdown on Critics and Civil Society

By Jane Buchanan, Giorgi Gogia, and Arzu Geybulla.  

The 74-page report, “‘We Try to Stay Invisible’: Azerbaijan's Escalating Crackdown on Critics and Civil Society,” documents the government’s concerted efforts to decimate civil society and silence its critics. The authorities have arrested dozens of people on politically motivated, bogus criminal charges. They have also arbitrarily enforced repressive laws that push independent groups and media to the margins of the law, heightening their vulnerability to retaliatory criminal prosecution. The groups documented 33 prominent cases of criminal prosecution, detention, and harassment. They found that Azerbaijani authorities have deliberately misused laws regulating nongovernmental organizations (NGOs) to deny certain groups registration and funding, exposing people affiliated with them to criminal charges. Azerbaijani authorities continue their assault on critics and dissenting voices. They use politically motivated criminal charges to prosecute and imprison human rights defenders, journalists, and civic and political activists, and arbitrarily enforce highly restrictive laws regulating non-governmental organizations (NGOs). The crackdown has intensified in the lead-up to the November 2024 UN Climate Conference (COP29) in Baku. Among those being prosecuted are veteran human rights defender Anar Mammadli, who co-founded a climate justice NGO, prominent anti-corruption activist and academic Gubad Ibadoghlu, and media professionals with the independent outlets Abzas Media and Toplum TV. Many independent groups have had to close, and activists have had to go into exile or continue their legitimate work on the margins of the law, at great personal risk. “We Try to Stay Invisible” is based on over 40 interviews with NGO leaders, lawyers, journalists, youth activists, and others, as well as in-depth analysis of laws and regulations used to target or constrain NGOs. The report documents the government’s concerted efforts to silence critical voices in the country. Human Rights Watch and Freedom Now call on the Azerbaijani government to immediately and unconditionally release those held on politically motivated charges, end the crackdown against civil society and independent media, and ensure that civil society groups and independent media can operate without undue hindrance before, during and after COP29. They should also amend repressive laws regulating NGOs. It calls on Azerbaijan’s international partners to set clear expectations for human rights improvements and impose concrete policy consequences should those requirements not be met.  

New York: Human Rights Watch, 2024. 80p.

NWDC Conditions Research Update: Three Years of Cleanliness Concerns, No Consequences

By The University of Washington, Center for Human Rights 

Documents provided to UWCHR under FOIA reveal that despite voicing concerns about cleanliness at the NWDC multiple times over three years, ICE chose never to sanction GEO for failing to comply with its contract to operate the Northwest Detention Center. This, cross-referenced with other ICE and GEO documents UWCHR has reviewed, reveals that despite receiving credible information about conditions at the facility that threatened the health and well-being of those detained, and despite the complaints of its own employees, ICE repeatedly failed to invoke its contract enforcement mechanisms to force GEO to comply with basic cleanliness standards. Records show the situation persisted for three years and resulted in what ICE employees deemed an unsafe working environment. If ICE’s employees felt unsafe, it is unsurprising that the people forced to live in that environment have repeatedly expressed grave concern  

Seattle: The University of Washington Center for Human Rights , 2023. 9p.  

United States, Slavery and the Slave Trade in the Nile Valley

By El-Bashir, Ahmed E.

The book discusses the history of slavery and the slave trade in the Nile Valley, focusing on the United States’ involvement. It examines public reactions, the role of American travelers in shaping opinions, and the official response to the issue. The author acknowledges the assistance of various individuals and institutions in conducting his research.

University Press of America, 1983, 189 pages

Human Rights in World History

By Peter N. Stearns

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

Routledge, 2012, 967 pages

The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees

MAY CONTAIN MARKUP

By Matthew J. Gibney

"The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees" delves deep into the complex intersection of principles, policies, and practices surrounding asylum in liberal democracies. This thought-provoking book meticulously examines the ethical considerations and political dynamics that shape how these nations respond to the plight of refugees. Through a rigorous analysis, the author navigates the intricate terrain of asylum discourse, shedding light on the challenges, contradictions, and possibilities within contemporary asylum systems. A must-read for scholars, policymakers, and anyone seeking a comprehensive understanding of the intricate moral and political dilemmas inherent in the asylum process.

NY. CAMBRIDGE UNIVERSITY PRESS. 2004. 299p.

Raiding the Genome: How the United States Government is Abusing Its Immigration Powers to Amass DNA for Future Policing

GLABERSON, STEVIE; TSE, EMERALD; TUCKER, EMILY

From the document: "[W]hat if the government had access to a copy of your DNA and could track you based on this involuntary, unstoppable trail without your consent? [...] This dystopia is fast becoming reality for millions of people, many of them already vulnerable because of over-policing, excessive surveillance, or economic insecurity. The federal government is amassing a huge trove of DNA, starting with a racialized, often traumatized, and politically powerless group: noncitizens. And it is using the federal agency that operates with the fewest practical constraints and least oversight -- the Department of Homeland Security (DHS) -- to do it. That's what this report is about. [...] The 2005 DNA Fingerprint Act -- which passed with little public scrutiny as an amendment to the reauthorization bill for the popular Violence Against Women Act -- for the first time extended compulsory DNA collection to people outside of the criminal legal context: detained noncitizens. But because of the exceptions in the implementing regulations, and because previous administrations thought it was a good idea to use those exceptions to avoid escalating DNA collection from noncitizens, DHS never mounted a large-scale DNA collection program. That is, until 2020. This report, which is based on publicly available records, as well as interviews with people who have had their DNA taken by immigration authorities and legal service providers working with them, is the first attempt to examine in-depth what happened after the 2020 rule change, and to explain the legal and political implications of these developments."

GEORGETOWN UNIVERSITY. LAW CENTER. CENTER ON PRIVACY & TECHNOLOGY. 21 MAY, 2024.

Review of the National Action Plan to Combat Human Trafficking and Slavery 2015-19

By Samantha Lyneham and Isabella Voce

The National Action Plan to Combat Human Trafficking and Slavery 2015–19 provides the strategic framework for Australia’s response to human trafficking and slavery for the five-year period from 2015 to 2019. The National Action Plan is founded on the need to prevent human trafficking and slavery; detect, investigate and prosecute offenders; and protect and support victims. Four central pillars underpin this strategy: prevention and deterrence, detection and investigation, prosecution and compliance, and victim support and protection.

The Commonwealth Government has oversight of the National Action Plan, with core activities undertaken by members of the Interdepartmental Committee on Human Trafficking and Slavery and complementary activities undertaken by members of the National Roundtable on Human Trafficking and Slavery. The Department of Home Affairs commissioned the Australian Institute of Criminology to undertake this review to inform the development of the next National Action Plan.

Research Report no. 17. Canberra: Australian Institute of Criminology. 2020. 33p.

Safeguarding the human rights and dignity of undocumented migrant sex workers

By PICUM -  Platform for International Cooperation on Undocumented Migrants

This paper outlines and addresses the particular circumstances and impacts of criminalisation frameworks on the human rights and dignity of undocumented migrant sex workers. Understanding the intersection of the criminalisation of migration and criminalisation of sex work enables an approach which safeguards the human rights and dignity of undocumented migrant sex workers. A number of undocumented migrants work in sex work. They face multiple layers of discrimination, social exclusion, stigma and poverty, due to their migration status and their occupation (as well as any other intersectional forms of discrimination including gender, ethnic or social origin, sexual orientation or gender identity, disability, etc.). PICUM’s concern is not about the judgment of sex work itself, but whether undocumented migrant sex workers have protections and their rights upheld. As more people fall into irregularity across Europe, more undocumented migrants will likely engage in sex work for survival and to generate an income. It is therefore important that PICUM outlines how criminalisation frameworks exacerbate the myriad issues faced by undocumented migrants and works to reduce the harmful impacts of these frameworks. PICUM has worked for eighteen years to address the impacts of criminalisation frameworks on undocumented migrants. Over the past four years, PICUM has had discussions with organisations working with undocumented migrants selling sexual services, both within and outside of PICUM’s membership, including sex worker-led organisations. Several workshops on the challenges facing undocumented migrant sex workers were held at PICUM’s Annual General Assemblies, in 2016, 2017, 2018 and 2019. During the same time period, dedicated sessions on this issue were held within PICUM’s Executive Committee, and having considered the available evidence, this paper is a result of this process. The paper concludes that criminalising the purchase and facilitation of sex work impacts negatively on sex workers, and that the impacts are multiplied when sex workers are undocumented migrants.

Being an undocumented sex worker adds a layer of discrimination, social exclusion and precarity vis-à-vis public services and authorities. Many undocumented sex workers experience theft, violence, harassment, exploitation, evictions and homelessness. They are unable to report crimes to the police without risking deportation, and police are sometimes the perpetrators of violence. They have limited access to essential services including health care, and face immense barriers to accessing protection and justice. Undocumented sex workers are disproportionately subject to police harassment and targeted for immigration enforcement, including as a result of anti-trafficking initiatives. A holistic response is needed to address the human rights violations and lack of opportunities faced by undocumented migrant sex workers. Reforms of policies addressing poverty and discrimination, social services and security, labour rights, immigration and housing, among others, are all needed to provide people with the resources and security they need, both while they are sex workers, and so they don’t have to engage in sex work. Within this, decriminalisation is one of the crucial steps to support the empowerment, human rights and dignity of sex workers. Nonetheless, PICUM will continue to engage in dialogue and work with those of our members and partner organisations with different approaches, focusing on areas of shared concern and action.    

Brussels, Belgium: PICUM. 2019, 32pg

Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (2022)

By International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM) 2022

Modern slavery is a scourge that affects every region of the world. The latest Global Estimates indicate that 50 million people were living in modern slavery in 2021. Of these people, 28 million were in forced labour and 22 million were trapped in forced marriage. Unfortunately, the number of people in modern slavery has risen significantly in the last five years. In 2021, 10 million more people were in modern slavery compared to 2016 global estimates.

Geneva, SWIT: 2022. 144p.

“Endless Nightmare”: Torture and Inhuman Treatment in Solitary Confinement in U.S. Immigration Detention

By Harvard Immigration and Refugee Clinical Program

The United States maintains the world’s largest immigration detention system, detaining tens of thousands of people in a network of facilities, including those managed by private prison corporations, county jails, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the Office of Refugee Resettlement (ORR). At the time of writing, ICE is detaining over 35,000 people, including long-term residents of the United States, people seeking asylum, and survivors of trafficking or torture. Instead of finding refuge, these people are held in ICE custody for extended periods, enduring inhuman conditions such as solitary confinement (dubbed “segregation” by ICE), where they are isolated in small cells with minimal contact with others for days, weeks, or even years. In many instances, such conditions would meet the definition of torture, or cruel, inhuman, or degrading treatment under international human rights law. Solitary confinement causes a range of adverse health effects, including post-traumatic stress disorder (PTSD), self-harm, and suicide risks. Prolonged confinement can lead to lasting brain damage, hallucinations, confusion, disrupted sleep, and reduced cognitive function. These effects persist beyond the confinement period, often resulting in enduring psychological and physical disabilities, especially for people with preexisting medical and mental health conditions or other vulnerabilities. In recognition of this well-documented harm, ICE issued a directive in 2013 to limit the use of solitary confinement in its facilities, especially for people with vulnerabilities. A 2015 memorandum further protected transgender people, emphasizing solitary confinement as a last resort. In 2022, ICE reinforced reporting requirements for people with mental health conditions in solitary confinement, highlighting the need for strict oversight. Despite these directives, however, government audits and whistleblowers alike have repeatedly revealed stark failures in oversight. This report – a joint effort by Physicians for Human Rights (PHR), Harvard Law School’s Immigration and Refugee Clinical Program (HIRCP), and researchers at Harvard Medical School (HMS) – provides a detailed overview of how solitary confinement is being used by ICE across detention facilities in the United States, and its failure to adhere to its own policies, guidance, and directives. It is based on a comprehensive examination of data gathered from ICE and other agencies, including through Freedom of Information Act (FOIA) requests, first filed in 2017, and partly acquired after subsequent litigation. It is further enriched by interviews with 26 people who were formerly held in immigration facilities and experienced solitary confinement over the last 10 years. Executive Summary The study reveals that immigration detention facilities fail to comply with ICE guidelines and directives regarding solitary confinement. Despite significant documented issues, including whistleblower alarms and supposed monitoring and oversight measures, there has been negligible progress. The report highlights a significant discrepancy between the 2020 campaign promise of U.S. President Joseph Biden to end solitary confinement and the ongoing practices observed in ICE detention. Over the last decade, the use of solitary confinement has persisted, and worse, the recent trend under the current administration reflects an increase in frequency and duration. Data from solitary confinement use in 2023 – though likely an underestimation as this report explains – demonstrates a marked increase in the instances of solitary confinement. This report exposes a continuing trend of ICE using solitary confinement for punitive purposes rather than as a last resort – in violation of its own directives. Many of the people interviewed were placed in solitary confinement for minor disciplinary infractions or as a form of retaliation for participating in hunger strikes or for submitting complaints. Many reported inadequate access to medical care, including mental health care, during their solitary confinement, which they said led to the exacerbation of existing conditions or the development of new ones, including symptoms consistent with depression, anxiety, and PTSD. The conditions in solitary confinement were described as dehumanizing, with people experiencing harsh living conditions, limited access to communication and recreation, and verbal abuse or harassment from facility staff. etc.....

New York: Physicians for Human Rights, 2024.  50p.

Introduction: rights, cultures, subjects and citizens

By Susanne Brandtsta¨dter, Peter Wade and Kath Woodward

This special issue arose from a concern with the political logic of the foregrounding of collective culture(s) in the context of changing citizenship regimes. 1 Its key focus is the conjuncture in which ‘culture’ Á claims of a collective distinction concerning heritage, location, moralities and values Á has become the terrain of political struggles over the subject of rights in national and international politics, the re-allocation of entitlements, definitions of value and new forms of political representation. This appears to be linked to contemporary processes of neoliberalization, the politics of which are often defined in terms of economic policies promoting private accumulation, entrepreneurship and free markets, but which typically also include a project of governance in which not only individuals, but also collective agents Á which may be ‘cultural’ entities Á are charged with increasing responsibility for their own regulation, welfare and enterprise, but in a depoliticized and bureaucratized mode (Santos, 2005).

Routledge Taylor and francis. 2011. 18p.

Human Trafficking During the COVID and Post-COVID Era

By Polaris

We have long known human trafficking to be a pervasive and versatile crime, as traffickers and exploiters adjust to changing environments. The COVID-19 pandemic showed us the profound adaptability of human trafficking. A global pandemic did not stop or impede trafficking from happening and, with few exceptions, did not seem to change how it happens or to whom it happens. In this report, we examine data from the National Human Trafficking Hotline from January 2020 through August 2022 and explore a snapshot of the top findings of human trafficking during the calamitous pandemic years. We provide top trends and answers to questions we typically report on as a part of our data analysis, and introduce how select trends that began early in the pandemic changed or continued as the crisis evolved. 

Washington, DC: Polaris, 2024. 10p

Confronting injustice: Racism and the environmental emergency

By Runnymede Trust and Greenpeace

Black people, Indigenous Peoples and people of colour across the globe bear the brunt of an environmental emergency that, for the most part, they did not create. Yet their struggles have repeatedly been ignored by those in positions of power. Global governance systems, including international climate negotiations, have for decades failed to act to protect Black and Brown lives. Systemic racism operates worldwide to produce inequalities in housing, healthcare, education, the criminal justice system and in the outcomes of the environmental emergency.

London, Runnymede. 2023. 78pg