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42. Emergency Powers, COVID-19 and the New Challenge for Human Rights
- Author:
- Michele Collazzo and Alexandra Tyan
- Publication Date:
- 06-2020
- Content Type:
- Working Paper
- Institution:
- Istituto Affari Internazionali
- Abstract:
- “A human crisis that is fast becoming a human rights crisis”. UN Secretary General António Guterres was among the first to raise the alarm about possible human rights implications of government measures to fight COVID-19. Since its outbreak, 87 states – both authoritarian and established democracies – have declared a state of emergency to curb the spread of the virus, which implies certain derogations from international human rights conventions. Protecting the right to life and physical integrity are fundamental duties facing government authorities, commitments enshrined in law – specifically Article 2 of the European Convention on Human Rights (ECHR) and Article 6 of the International Covenant on Civil and Political Rights (ICCPR). Derogations from human rights conventions are permissible under certain circumstances, but any limitation must be motivated by absolute necessity, must not be disproportionate and must be limited in time.
- Topic:
- Security, Human Rights, Democracy, Media, Crisis Management, and COVID-19
- Political Geography:
- Global Focus
43. La transición hacia energía renovables en México: Oportunidades y desafíos respecto a las empresas y derechos humanos
- Author:
- Jacob Ramirez
- Publication Date:
- 01-2020
- Content Type:
- Working Paper
- Institution:
- Centre for Business and Development Studies (CBDS), Copenhagen Business School
- Abstract:
- Los gobiernos y las empresas argumentan que invertir en energía eólica contribuye al desarrollo sostenible global y la conservación ecológica. Sin embargo, las consecuencias sobre las tradiciones socioculturales y económicas de los pueblos indígenas desafían estos argumentos. Las confrontaciones entre las empresas y los pueblos indígenas sobre la energía renovable se remontan a la continuidad de la opresión y la represión de los gobiernos y las empresas hacia los pueblos indígenas, lo cual se denomina colonialismo interno. Basado en un estudio longitudinal en el Istmo de Tehuantepec en Oaxaca, México, este artículo ofrece una forma diferente para discutir derechos humanos y empresas en inversiones eólicas en dicho país. Asimismo, a través de los conceptos de colonialismo interno y justicia ambiental, analiza los Principios Rectores sobre las Empresas y los Derechos Humanos de las Naciones Unidas. El colonialismo interno expone la profundidad de las dinámicas conflictivas en las inversiones eólicas, en los territorios de los pueblos indígenas con respecto a la injusticia ambiental en sus derechos humanos.
- Topic:
- Human Rights, Business, Renewable Energy, Indigenous, and Wind Power
- Political Geography:
- Latin America, North America, and Mexico
44. Factsheet: The Human Cost of Guantánamo Bay Detention Camp
- Author:
- Bridge Initiative Team
- Publication Date:
- 07-2020
- Content Type:
- Working Paper
- Institution:
- The Bridge Initiative, Georgetown University
- Abstract:
- Guantánamo Bay military prison is a site of egregious and ongoing human rights violations perpetrated by the United States government. Opened in early 2002 on a U.S. naval base in Cuba, the prison has housed 780 adults and minors from around the world—all Muslim—most of whom have been subjected to torture and severe abuse at the hands of the U.S. armed forces and the CIA. Most were never formally charged with any crime and were detained for years without trial. As of 2022, thirty-nine remain imprisoned at Guantánamo Bay prison.
- Topic:
- Human Rights, Torture, Prisons/Penal Systems, War on Terror, Guantanamo Bay, and Arbitrary Detentions
- Political Geography:
- Cuba, North America, and United States of America
45. Factsheet: Legal Challenges to Guantánamo Bay Detention Camp
- Author:
- Bridge Initiative Team
- Publication Date:
- 07-2020
- Content Type:
- Working Paper
- Institution:
- The Bridge Initiative, Georgetown University
- Abstract:
- U.S. legislation and case law have both upheld and challenged the legal authority of the Guantánamo Bay military prison. This includes the 2001 Authorization for Use of Military Force (AUMF) and the Military Commissions Act of 2006, as well as Supreme Court cases such as Hamdan v. Rumsfeld (2006) and Boumediene v. Bush (2008). Serious legal issues have arisen around the legal rights and protections of those imprisoned, including the right to habeas corpus and the right to be tried under the U.S. legal system (as opposed to U.S. military tribunals). Attorneys for those imprisoned at Guantánamo Bay military prison have been subjected to surveillance and interference by the U.S. government, and the U.S. government tightly controls the release of information about the military prison and those imprisoned there.
- Topic:
- Human Rights, Law, Guantanamo Bay, and Habeas Corpus
- Political Geography:
- Cuba, United States of America, and Guantanamo
46. Factsheet: Torture at Guantánamo Bay Detention Camp
- Author:
- Bridge Initiative Team
- Publication Date:
- 07-2020
- Content Type:
- Working Paper
- Institution:
- The Bridge Initiative, Georgetown University
- Abstract:
- A majority of those imprisoned at the Guantánamo Bay Detention Camp were subjected to various forms of physical and psychological abuse—techniques that were developed by two American psychologists contracted by the CIA to develop its torture program. The torture included but was not limited to waterboarding, sexual harassment and abuse, physical abuse, and sleep deprivation. Those formerly imprisoned still experience physical and psychological distress and trauma as a result of their treatment in Guantánamo Bay. A 2014 U.S. Senate intelligence report found the torture program was ineffective in its stated goal of obtaining military intelligence.
- Topic:
- Human Rights, Torture, Trauma, and Guantanamo Bay
- Political Geography:
- Cuba, United States of America, and Guantanamo
47. Factsheet: Saida Keller-Massahli
- Author:
- Bridge Initiative Team
- Publication Date:
- 03-2020
- Content Type:
- Working Paper
- Institution:
- The Bridge Initiative, Georgetown University
- Abstract:
- Saïda Keller-Messahli is a self-described Islamic human rights activist of Tunisian-Swiss heritage who is among the most prominent voices mainstreaming Islamophobia in Switzerland. She is frequently featured as an interviewee by Swiss media and has often been invited to Austrian state agencies as a public voice and “expert” to support discriminatory policies against Muslims.
- Topic:
- Human Rights, Islam, Islamophobia, and Saida Keller-Massahli
- Political Geography:
- Europe and Switzerland
48. Weapons Systems Supply and Operational or Logistical Support under the PSSA
- Author:
- Tobias Vestner and Alessandro Mario Amoroso
- Publication Date:
- 05-2019
- Content Type:
- Working Paper
- Institution:
- The Geneva Centre for Security Policy
- Abstract:
- Tobias Vestner and Alessandro Mario Amoroso, from the GCSP Security and Law team, are the authors of a Training Guide designed for Swiss private security companies to fulfil the obligations introduced by the Federal Act on Private Security Services provided Abroad (PSSA). The guide is tailored to the needs of companies operating and maintaining weapons systems and/or providing installation services, training on equipment and systems, and/or operational or logistical support to armed forces. Its purpose is to enable company personnel to understand key concepts and standards of human rights and international humanitarian law, including the risk and avoidance of direct participation in hostilities. The various chapters provide the necessary knowledge and tools to train company personnel to identify, prevent, and report activities that can constitute direct participation in hostilities or complicity in human rights and international humanitarian law violations. The guide includes thirty practical scenarios for training on direct participation in hostilities, with answers, which can be used to discuss the risk and avoidance of activities amounting to direct participation in hostilities.
- Topic:
- Security, Human Rights, Weapons, and International Humanitarian Law (IHL)
- Political Geography:
- Switzerland and Global Focus
49. Human Rights Law and the Investment Treaty Regime
- Author:
- Jesse Coleman, Kaitlin Y. Cordes, and Lise Johnson
- Publication Date:
- 06-2019
- Content Type:
- Working Paper
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with realization of human rights and broader public interest objectives. This Chapter provides an overview of the interaction between human rights law and the investment treaty regime. It highlights the challenges that arise from tension between international human rights and investment norms, including the impact of the investment regime on the ability of host states to regulate and on access to justice for investment-affected rights holders. The chapter also explores whether and how human rights issues have been addressed by the investment regime to date, highlighting recent developments in treaty drafting practice and responses to human rights argumentation by investment tribunals. It notes the shortcomings of current approaches, and concludes by briefly setting out options for reform.
- Topic:
- Government, Human Rights, Treaties and Agreements, Reform, and Investment
- Political Geography:
- Global Focus
50. Innovative Financing Solutions for Community Support in the Context of Land Investments
- Author:
- Sam Szoke-Burke and Kaitlin Y. Cordes
- Publication Date:
- 03-2019
- Content Type:
- Working Paper
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments. Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. This report presents a call to action to help communities secure the support they so crucially need. The report explores options for tapping new funding sources for community support. These include: Government marshaling of funding from companies and others, through taxes, fees, and penalties Basket funds, operated by independent, trusted entities and funded by contributions from multiple actors Market-based impact investments and social impact bonds Direct company funding Third party funding Other solutions for increasing funding or reducing costs, including crowdfunding, generating profits from social enterprises, affordable user fees or in-kind services, contingency and uplift fees, and court-ordered fee shifting. The report also presents overarching considerations for developing a new financing initiative. These include: the initiative’s likely cost, efficiency and financial sustainability, political complexity and obstacles, political economy implications, the importance of strong governance mechanisms, and the logistics required to link funding, communities and support providers.
- Topic:
- Agriculture, Human Rights, Natural Resources, Investment, and Land
- Political Geography:
- Global Focus
51. Outcome Report on the Climate Crisis, Global Land Use and Human Rights Conference
- Author:
- Mateusz Kasprowicz, Sam Szoke-Burke, and Kaitlin Y. Cordes
- Publication Date:
- 11-2019
- Content Type:
- Working Paper
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- On September 27th, the Columbia Center on Sustainable Investment (CCSI), the Sabin Center for Climate Change Law, Landesa, the New York City Bar Association International Environmental Law Committee, and Wake Forest Law School hosted a day-long conference on the intersection between land use, the climate crisis and clean energy transition, and human rights. Held at the Ford Foundation Center for Social Justice, the conference brought together individuals from civil society organizations, governments, and academia, as well as lawyers, climate scientists, land-rights experts, indigenous representatives and other stakeholder groups. The panelists analyzed the critical role that land plays in achieving climate solutions, the degree to which climate change may reshape regional abilities to support sustainable ecosystems, and the ways in which these land and climate interactions might affect land rights, human rights, and achievement of the Sustainable Development Goals.
- Topic:
- Climate Change, Energy Policy, Human Rights, and Sustainable Development Goals
- Political Geography:
- Global Focus
52. Toward Medium-Term Solutions for Rohingya Refugees and Hosts in Bangladesh: Mapping Potential Responsibility-Sharing Contributions
- Author:
- Cindy Huang and Kate Gough
- Publication Date:
- 02-2019
- Content Type:
- Working Paper
- Institution:
- Center for Global Development
- Abstract:
- Bangladesh is providing a significant global public good by hosting nearly one million Rohingya refugees, including 700,000 who fled violence carried out with “genocidal intent” in 2017. Most refugees are living in camps in Cox’s Bazar District, where local resources and livelihoods are under strain. The situation has exacerbated development challenges and environmental degradation, such as inadequate public services and rapid deforestation. Safe, voluntary, and sustainable Rohingya repatriation to Myanmar is ultimately the best solution. However, the conditions for return do not exist, and Myanmar has not demonstrated meaningful progress in establishing them. Even if conditions did exist and voluntary repatriation began tomorrow, estimates show a large number of Rohingya will still be in Cox’s Bazar 10 years from now. The refugee situation is likely to be protracted. Medium-term planning is critical. The international community has an opportunity to recognize Bangladesh’s contributions through a robust responsibility-sharing process. In addition to humanitarian aid, this would include commitments that support development among host communities, as well as broader regional and national development strategies. There is precedent for development financing and beyond-aid solutions for refugees and host communities, such as in the Jordan, Lebanon, and Ethiopia Compacts. These agreements seek to meet the medium-term needs and generate inclusive growth for refugees and hosts, including through policy adjustments that enable self-reliance and reduce aid dependence. This brief explores the potential range of responsibility-sharing commitments in support of Bangladesh. It does not address the separate and equally important issues of securing justice and accountability for Myanmar’s alleged atrocities and establishing the necessary conditions in Myanmar for safe, voluntary, and sustainable repatriation—nor does it make recommendations on the humanitarian response, which remains essential. This brief focuses exclusively on the medium-term, development-oriented approach. It covers several categories of contribution and commitment types, including trade and investment, labor mobility, SEZ and infrastructure investment, private sector investment, resettlement, and development and climate finance. Each category includes illustrative examples, some of which are specific to one or a subset of UN Member States and others that are more broadly applicable. Geopolitical factors surrounding the Rohingya situation and potential responsibility-sharing commitments are also discussed. Building on this mapping, we will prepare a full report in 2019. The report will highlight a subset of anchor contributions that could build momentum for a responsibility-sharing process that delivers a “win-win-win” for refugees, host communities, and Bangladesh’s broader development objectives.
- Topic:
- Human Rights, Refugees, Displacement, and Humanitarian Crisis
- Political Geography:
- Bangladesh and Asia
53. The state of the war-wounded in northern Uganda
- Author:
- Dyan Mazurana, Anastasia Marshak, and Teddy Atim
- Publication Date:
- 03-2019
- Content Type:
- Working Paper
- Institution:
- Feinstein International Center, Tufts University
- Abstract:
- Few large-scale, structured surveys have been conducted on the prevalence of alleged war crimes or crimes against humanity committed by warring parties against civilians and how this relates to disability. Using data from a panel survey carried out in 2013, 2015, and 2018 that is representative of all of Acholi and Lango sub-regions in northern Uganda, this working paper reports the prevalence of alleged war crimes or crimes against humanity for individuals and households; their association with disability; and the resulting effects over time on people’s lives in terms of food security, wealth, access to basic services, and healthcare. The study contributes to an understanding of people who have experienced alleged war crimes or crimes against humanity that affect them physically and psychologically; the relationship between experience of these alleged crimes and their experience of disability; the effects of these crimes on their wealth, food security, and access to livelihood and social protection services; the effects of these crimes on their access to basic and therapeutic healthcare; and a better understanding of the key obstacles faced by victims of these alleged crimes when they are unable to receive basic and therapeutic healthcare.
- Topic:
- Conflict Resolution, Human Rights, War, and Conflict
- Political Geography:
- Uganda and Africa
54. Historical injustice and “Bogus” claims: Large infrastructure, conservation and forest rights in India
- Author:
- Kanchi Kohli
- Publication Date:
- 06-2019
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
- Topic:
- Environment, Human Rights, Infrastructure, Courts, Conservation, and Land Rights
- Political Geography:
- South Asia, India, and Asia
55. Challenging the Legal Ideology of the State: Cause Lawyering and Social Movements in Egypt
- Author:
- Ahmed Ezzat
- Publication Date:
- 05-2019
- Content Type:
- Working Paper
- Institution:
- Arab Reform Initiative (ARI)
- Abstract:
- Egyptian cause lawyers have constituted a strong socio-professional group and successfully used “strategic litigation” to challenge the state’s policies and counter its conservative narratives. With President El-Sissi in power and the security grip over legal institutions and courts, doubts were raised as to whether it still makes sense to go to court against the state over matters of rights and freedoms. By reviewing several emblematic cases, the author analyzes the impact of cause lawyering on mobilization and social movements and how it contributed to reshaping the public sphere, as well as the challenges the cause lawyers’ movement faces under El-Sissi.
- Topic:
- Human Rights, United Nations, Social Movement, and Legal Theory
- Political Geography:
- Africa, North Africa, Egypt, and Mediterranean
56. “If Not Now, When?”: The Responsibility to Protect, the Fate of the Rohingya and the Future of Human Rights
- Author:
- Simon Adams
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- In this occasional paper from the Global Centre for the Responsibility to Protect, Dr. Simon Adams tests the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect populations from genocide, ethnic cleansing, crimes against humanity and war crimes. The paper highlights the failure to respond to patterns of discrimination that eventually led to a genocide in Myanmar (Burma) during 2017. But it also draws attention to other recent situations, such as in the Gambia, when the international community seized the moment to respond in a timely and decisive manner to an emerging threat of devastating conflict. In doing so, Adams emphasizes that even when bodies such as the UN Security Council appear paralyzed and inert, a mobilized international community can still act to prevent atrocities, protect vulnerable populations, and hold the perpetrators accountable.
- Topic:
- Genocide, Human Rights, International Law, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, and Atrocities
- Political Geography:
- Asia, Southeast Asia, and Myanmar
57. China and instability in developing countries
- Author:
- Nicholas Crawford
- Publication Date:
- 10-2019
- Content Type:
- Working Paper
- Institution:
- International Institute for Strategic Studies
- Abstract:
- China has become the largest lender to developing countries, and a major investor there too. As a result, it has a major stake in many countries facing political and economic instability. Western policymakers involved in responding to instability and crises overseas need to understand how China navigates these situations. China’s approach is similar in some respects to that of Western states, but there are also important differences. China’s policy towards countries facing political and economic instability is driven by four main concerns: It seeks to strengthen and maintain its partnerships with those countries to ensure they remain open to and supportive of the Chinese government and its businesses. China is determined to protect its financial interests, businesses and citizens from the harms that result from instability. It is concerned to see its loans repaid, its investments secure, its workers safe and its supply chains undisrupted. It wants to maintain its narrative of non-interference. Any intervention in the politics or policies of its partner states must be seen as being at the invitation of their governments (although China may pressure its partners for consent). China wants to increase its influence in the world, independently and distinctively. It is increasingly proactive in its response to instability in partner countries. Some responses seek to address the instability directly; other responses are intended to protect Chinese interests in spite of the instability. This paper analyses the political economy of China’s responses to instability, identifies the types of responses China undertakes, and assesses these responses.
- Topic:
- Human Rights, International Cooperation, Developing World, Political stability, and Trade
- Political Geography:
- Africa, United States, China, Europe, Beijing, and Asia
58. India, The United States, Australia and the Difficult Birth of Bangladesh
- Author:
- Ric Smith
- Publication Date:
- 10-2019
- Content Type:
- Working Paper
- Institution:
- Australian Institute of International Affairs
- Abstract:
- Ric Smith has masterfully woven archival material, memories of his own time as a foreign service officer, and conversations with other officers of the then Department of Foreign Affairs to recount the crisis in East Pakistan in 1971 and the difficult birth of Bangladesh. Smith highlights the Cold War incongruities of the crisis, including the Soviet Union’s support for democratic India’s position during the crisis, while the United States supported the military regime in Pakistan. The episode also stands as an example of Canberra diverging from Washington on an issue that was garnering political and media attention in Australia. Australia was able to pursue a policy toward the region that was independent from the United States, accepting early that East Pakistan was “finished” and that there was a need to address an unfolding humanitarian crisis. Smith’s book imparts important lessons about diplomacy for Australia: It is not only possible for Australia’s politicians and diplomats to take independent positions on major international problems, but they are sometimes respected by their allies when they do so.
- Topic:
- Cold War, Human Rights, Democracy, Geopolitics, and Military Intervention
- Political Geography:
- Pakistan, United States, Europe, India, Asia, Soviet Union, and Australia
59. The Real Solution: Regional Response Rather than Border Closures, Mass Incarceration, and Refugee Returns Share
- Author:
- Eleanor Acer
- Publication Date:
- 04-2019
- Content Type:
- Working Paper
- Institution:
- Human Rights First
- Abstract:
- The Trump Administration has purposefully mismanaged the refugee and humanitarian challenges pushing people to flee political repression, human rights abuses, economic deprivation, and climate displacement in Honduras, Guatemala, and El Salvador. Trump Administration policies have actually made things worse, cutting programs countering displacement, turning a blind eye to human rights abuses, encouraging crossings between official ports of entry, and punishing people seeking U.S. protection through punitive and traumatizing family separations and detention. These harmful policies have aggravated humanitarian challenges—deliberately provoking disorder, chaos, and confusion. Congress must take swift action to push real solutions, and over the longer term the next administration will need to ensure these solutions are enduring. Congress should champion a new initiative to strengthen protection across the region. This initiative must truly tackle the rights abuses and deprivations pushing people to flee, greatly enhance the capacity of Mexico and other countries to provide asylum and host refugees, and set a strong example at home by upholding America’s own refugee protection commitments. Upholding human rights commitments is not only the right thing to do, it is also in the U.S. national interest. These commitments have saved millions of lives and encourage countries around the world—including front-line countries that host the vast majority of the world’s refugees—to continue hosting refugees. The heroic work of many Americans—working and volunteering with faith-based shelters, community groups, legal representation, and other organizations—should be supported. They are, and always have been, an essential part of the solution. The measures outlined below would restore order to the region and the U.S. border while upholding the United States’ legal and humanitarian commitments. Key steps include: 1. Address the actual causes of displacement in Honduras, Guatemala, and El Salvador. The United States should increase support for effective programs that counter violence, strengthen justice systems, spur economic opportunities, and safeguard communities from climate displacement, so that people do not need to flee in search of safety or survival. In addition, U.S. diplomats must press the leaders of these countries to safeguard rights, support anti-corruption efforts, and address abuses from security forces. 2. Strongly support increased asylum and refugee-hosting capacity in Mexico and other Latin American countries, so that these countries—which are already hosting growing numbers—have the ability to continue accepting refugees. Asylum filings in Mexico, for example, have increased by over 700 percent since 2014. The United States should sharply increase support for the UN Refugee Agency (UNHCR) to increase regional capacity, to develop strong asylum and refugee protection systems, and to better integrate refugees in Mexico and the region. U.S. diplomacy, law enforcement cooperation, and rule of law assistance should be leveraged to reduce violence against refugees and migrants in Mexico. In addition, the United States should launch a regional resettlement effort, providing some refugees with routes to safety in the United States as well as other countries, and relaunch the Central American Minors (CAM) program to allow some children with family in the United States to come to our country safely. 3. Combat smuggling in the region while safeguarding access to protection. U.S. agencies must ensure anti-smuggling and anti-trafficking efforts do not block escape from dangerous countries and include measures to safeguard human rights and access to asylum. By strengthening asylum, resettlement, and work visas in the region, more refugees and migrants will have alternate routes to protection. 4. Manage U.S. asylum arrivals effectively through a genuine humanitarian response that upholds U.S. law and provides order, including: Restore timely and orderly asylum processing at ports of entry and ensure humane conditions at all Department of Homeland Security (DHS) facilities; End the Remain in Mexico scheme and “metering” policies that push people to cross between ports of entry and put the lives of asylum seekers at risk as they wait in danger in Mexico; Support and fund NGOs and shelters in the United States—including faith-based groups that have been effectively partnering with DHS in U.S. cities along the border—to address humanitarian needs, a typical and necessary move in managing refugee arrivals; and Launch a community-based case management program that supports appearance, as recommended by ICE’s own advisory group, rather than jailing asylum seekers for even longer. 5. Restore order through measures providing timely, fair, and effective U.S. adjudications, including: Increase, rather than “get rid of,” immigration judges and interpreters. In order to understand what is being said in their courtrooms and ensure due process, judges must be supported by interpreters. And, since a judge set on furthering a politicized agenda is worse than no judge at all, safeguards against politicized court hiring must be immediately restored. Additional measures to support judges include: increased recruitment of interpreters who speak indigenous dialects to assure accurate hearings and prevent continued adjournments, ensuring the time necessary to gather evidence to prove cases, and rejecting absurd schemes that would entrust protection determinations to border agents or rush cases through adjudications; Support a major legal representation initiative to ensure eligible refugees receive protection at the earliest stages of the process and institute universal legal orientation presentations (LOPs)—including for families released from DHS/Customs and Border Protection (CBP) custody—to explain appearance obligations, the legal system, and how to secure counsel; Enable more cases to be granted efficiently at the USCIS asylum office by providing initial decision-making authority to the asylum office in all asylum cases, changing policies and practices that have prompted asylum officers to refer, rather than grant, cases that meet the asylum criteria— unnecessarily adding them to the immigration court caseload—and assure the availability of an application process for “cancellation of removal” relief so these cases do not clog the asylum system; Make the immigration courts independent, as the American Bar Association recommends, to secure due process and judicial independence, ensuring that political appointees can no longer attempt to improperly influence the courts’ decisions in asylum and other cases; and Reverse Trump Administration efforts to prevent refugees from receiving asylum in the United States—including former Attorney General Sessions’ ruling attempting to deny protection to women who have fled domestic violence and families escaping from deadly gangs. The measures outlined above would restore order and bring about real and enduring solutions. As the president and top Trump Administration officials are doubling down on punitive policies and political rhetoric that fail to solve these challenges, Congress must demand effective strategies that are consistent with America’s ideals.
- Topic:
- Human Rights, Prisons/Penal Systems, and Border Control
- Political Geography:
- United States, Central America, North America, Honduras, Guatemala, and El Salvador
60. Promoting the Well-Being of North Korea’s Residents and Refugees through US-ROK Cooperation
- Author:
- Sungwoo Chun
- Publication Date:
- 10-2019
- Content Type:
- Working Paper
- Institution:
- Pacific Forum
- Abstract:
- Under extreme poverty and political repression, many North Koreans endure systematic, widespread and gross human rights violations, along with a protracted, entrenched humanitarian crisis. Many are malnourished and lack clean water, proper sanitation and basic health care. Young children, pregnant women, people with disabilities and the elderly have become the most vulnerable to such privations. These deplorable conditions are exacerbated by continued denial of human rights, including torture and other inhumane treatment, political imprisonment, public executions and suppression of speech, information, religion and movement. A former United Nations high commissioner for human rights described North Korea’s human rights situation as “incomparable . . . anywhere in the world, past or present.” And Thomas Buergenthal, a former International Criminal Court judge and survivor of Auschwitz, described the conditions in North Korean prison camps as “terrible, or even worse, than Nazi camps.” The few North Koreans who manage to escape face additional horrors. Initially, escapees risk being shot and killed by North Korean soldiers as they approach the border. If they manage to cross the border safely, their status as illegal economic migrants, rather than political refugees, presents enormous danger. Women and children are subjected to work in invisible and highly dangerous industries, leaving them particularly vulnerable to sexual and labor exploitation. Approximately 80% of female defectors, studies have shown, have been sold through human trafficking into commercial sex exploitation, enslaved marriage and exploitative labor. All live under the constant fear of being repatriated to North Korea, where they face severe punishment and/or execution. Both the United States and South Korea possess the legislative foundations to address such atrocities. Yet the administrations of Presidents Donald Trump and Moon Jae-in have chosen to ignore them, apparently out of concern that any such discussion would ruffle North Korean feathers at a time of attempted rapprochement. The rationale is that North Korea has become a threat to international peace and security by developing nuclear weapons and ballistic missiles. This paper argues that those security concerns should not be considered in isolation. It proposes that the United States and South Korea adopt cooperative and coherent measures to pressure North Korea to improve its human rights record. The Helsinki Accords of 1975 provide the formula for this process. While bringing human rights to the negotiating table may anger the Pyongyang regime in the short term, in the long term it would be beneficial to all involved, particularly in the event of reunification. At the same time, the allies should offer humanitarian assistance to North Korea through internationally monitored and transparent channels. Specifically, South Korea should proceed with the delivery of $8 million in humanitarian aid to the World Food Programme and UN International Children’s Emergency Fund (UNICEF) that Moon pledged in May 2019. The United States should also free up its promised international aid and do more to help North Korean refugees.
- Topic:
- International Relations, Security, Human Rights, and Refugees
- Political Geography:
- Asia, South Korea, North Korea, North America, and United States of America