Widespread Abuses Research Articles

HUMAN RIGHTS ABUSE IN NIGERIA: TRENDS, ISSUES, CHALLENGES AND PROSPECT

Objective: Human rights abuses persist in Nigeria, undermining democratic governance since 1999. This study investigates pervasive violations, focusing on major trends and national issues facilitating these abuses. Nigeria's complex socio-political landscape, marked by ethnic diversity and economic disparities, exacerbates human rights violations. These include extrajudicial killings, torture, arbitrary arrests, and insurgency-related heinous acts perpetrated by Boko Haram and ISWAP. Theoretical Framework: The judiciary's inefficiency and corruption hinder justice for victims, while the government suppresses free speech and assembly, contrary to Chapter Four of the Nigerian Constitution, which is the main theoretical framework providing for the understanding of this investigation. Method: This study has a method of qualitative research which examines the interplay between Nigeria's socio-political landscape and economic disparities, perpetuating human rights violations. Findings reveal widespread abuses, particularly in the Northeast, highlighting the need for judicial reform, security sector reform, and increased accountability. Research and Discussion: The study provides the result of comprehensive analysis and lasting solutions to address human rights abuses in Nigeria. Recommendations promote dialogue and cooperation among stakeholders to strengthen human rights protection and enforcement. By addressing systemic challenges, Nigeria can move towards a more just and equitable society. Research Implication: The research implication of this research contributes valuable insights for policymakers, human rights organizations, and scholars. Originality and Value: Its findings and recommendations offer a pathway towards improved human rights protection in Nigeria, ensuring the well-being and dignity of Nigerian citizens.

Indirect Cost Burden as an Emerging Issue of Foreign Employment in Developing Nations

Background: The current migration patterns and shifts present significant challenges, including widespread human rights abuses, exploitation of migrant laborers, high indirect costs due to expensive travel, limited affordable credit options, scarce job opportunities for low-skilled workers, and inadequate domestic migration policies. This study aims to identify the additional financial burdens faced by Nepalese migrant workers in Gulf countries. Methodology: A qualitative research design was used, with purposive sampling to select participants who had migrated to Gulf countries. In-depth interviews with 55 migrant laborers were conducted to gather data on cost burdens and employment conditions. Findings: Results showed that the indirect cost burden increased significantly after 2015 due to extended processing periods and technical procedures. Respondents generally preferred regulations before 2015. Despite legal changes like the "Free Visa: Free Ticket" policy reducing direct expenses, intermediaries and other indirect costs have offset this reduction, increasing the financial burden on migrant workers. Conclusion: The study provides valuable insights into Nepal's foreign employment complexities, urging more research and measures for migrant worker well-being. Findings reveal intermediaries exploiting workers by altering passport photos or obtaining counterfeit birth certificates. Additionally, 2% of surveyed workers migrated as young returnees before age 18. These insights are essential to empower recruitment agencies and improve their practices, ensuring safer, prompt, and more productive labor migration. Novelty: This study uncovers the hidden financial burdens Nepalese migrant workers face in Gulf countries. It highlights the offsetting effect of intermediaries on legal reforms like the "Free Visa: Free Ticket" policy. It offers new insights into labor exploitation and emphasizes better regulation and worker protection.

The role of the UN and its structures in ensuring transitional justice in post-conflict states

Helping societies affected by conflict or emerging from oppressive rule to restore the rule of law and come to terms with widespread human rights abuses, particularly in the context of broken institutions, depleted resources, deteriorating security, and public anxiety and disunity, represents an enormous the problem Transitional justice aims to ensure recognition of victims, strengthen individuals' trust in state institutions, strengthen respect for human rights and promote the rule of law as a step towards reconciliation and prevention of further violations.
 Transitional justice processes have repeatedly demonstrated that they can help resolve problems and differences. To this end, such processes should be context-specific, state-responsive, and victim-focused. Then they can unite, empower and transform societies and thus contribute to lasting peace.
 For the United Nations system and structure, transitional justice is the full range of processes and mechanisms involved in society's attempt to come to terms with the legacy of massive past abuses in order to ensure accountability, serve justice and achieve reconciliation. Transitional justice processes and mechanisms are a critical component of the United Nations system and structure to strengthen the rule of law.
 United Nations rule of law and transitional justice activities include developing standards and best practices, assisting in the development and implementation of transitional justice mechanisms, providing technical, material and financial support, and promoting the mainstreaming of human rights and transitional justice in peace agreements.

The role of the UN and its structures in ensuring transitional justice in post-conflict states

Helping societies affected by conflict or emerging from oppressive rule to restore the rule of law and come to terms with widespread human rights abuses, particularly in the context of broken institutions, depleted resources, deteriorating security, and public anxiety and disunity, represents an enormous the problem Transitional justice aims to ensure recognition of victims, strengthen individuals' trust in state institutions, strengthen respect for human rights and promote the rule of law as a step towards reconciliation and prevention of further violations.
 Transitional justice processes have repeatedly demonstrated that they can help resolve problems and differences. To this end, such processes should be context-specific, state-responsive, and victim-focused. Then they can unite, empower and transform societies and thus contribute to lasting peace.
 For the United Nations system and structure, transitional justice is the full range of processes and mechanisms involved in society's attempt to come to terms with the legacy of massive past abuses in order to ensure accountability, serve justice and achieve reconciliation. Transitional justice processes and mechanisms are a critical component of the United Nations system and structure to strengthen the rule of law.
 United Nations rule of law and transitional justice activities include developing standards and best practices, assisting in the development and implementation of transitional justice mechanisms, providing technical, material and financial support, and promoting the mainstreaming of human rights and transitional justice in peace agreements.

The Struggle for Memory and Justice in Mexico

The debate about public memory has intensified in Mexico in a time of widespread violence and human rights abuses, particularly in the context of the guerra contra el narco (war against drug cartels) that began in 2006. Confronting government narratives that criminalize victims of enforced disappearance and criminal violence, and the state’s failure to bring the perpetrators to justice, families of victims and other activists have led a struggle for truth, justice, memory and reparations. Through diverse memorial interventions across the country, they call attention to the continuities in state violence over time, and the need for memorial spaces that transform the structural conditions underlying different forms of violence and state neglect.

«The Right Deviation» in Soviet Land Institutions of Smolensk
 in the 1928–1929s

In 1929 Smolensk Party has been shaken because of disclosed «Smolensk scandal». «The Disclosure» measures touched almost every Party’s department and Soviet official branch.
 Considering that main critics of Provincial government concerned violation of the class policy in the village, it is hardly surprising that inspecting institutions observed the situation in land institutions including those located in the centre of the
 governorate (oblast) – the city of Smolensk.
 Smolensk Governorate was agrarian region, so it had to keep up the pace of collectivization demonstrating at the same time stable results of growth in cultivation
 of seed, flax and hemp. However, by 1928 the village faced real evidence of a crisis. The number of people’s migration to farms was dramatic. It led to fragmentation of peasants’ holdings of small size. Such a situation made no chance to succeed in
 kolkhoz (sovkhoz) formation and consequently in increasing grain procurements As a result of disclosed «Smolensk scandal» and subsequent purge, inspectors turned their attention to the land institutions of the governorate (later – oblast),
 because facts exposed obvious curvature of the Party’s policy and class approach. At the same time, inspectors had to find out if the curvature was caused by a blind execution of Provincial government commands or it was straight sabotage and a
 mark of «The Right Deviation» in reality.
 Even People’s Commissariat for Agriculture turned its attention to the «right cases» taking place at different levels of the land institutions. Purges and inspections
 of the land institutions of Smolensk have been proceeded in 1928, 1929, and 1930. A closer study of records disclosed widespread abuses.

Inside Nigeria’s Internally Displaced Persons Camps: Safe Haven or Den of Marauders

In Nigeria, the internal displacement of civilians dates back to the era of the pogrom and attendant civil war in the 1960s. Subsequent cases were attributable to natural and human-made factors. The flare-up of the Boko Haram insurgency in 2009 has over time caused the large-scale displacement of civilians in the northeast region. In line with humanitarian principles, the government created various camps to accommodate internally displaced persons (IDPs), where they could receive humanitarian assistance. This work examines harsh conditions in the camps, amid widespread shortages and abuses. It has been established that IDPs have been subjected to sexual exploitation and abuse (SEA) by state officials. Violations of this nature, which occur in the context of armed conflict, constitute crimes punishable under national and international laws. However, the government has not held anyone accountable, thus turning the IDP camps from safe haven to dens of predators. It is therefore recommended that individuals responsible for sexual abuses and other violations should be prosecuted. The government should rejig security, tackle corruption in the camps and ensure relief materials get to the IDPs. The government should address the conflict decisively to enable safe return of IDPs to their traditional homes.

Co-creating changes to achieve decent work conditions in the New Zealand fishing industry

In 2014, New Zealand enacted the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act in response to ongoing labour abuses on board South Korean vessels in New Zealand’s foreign charter vessel sector. Importantly, the legislation expresses the universality of the International Labour Organization’s Decent Work Agenda: all member countries must pursue policies based on the strategic objectives of equality, dignity, safe working conditions and that workers are protected from exploitation. The Act was in response to the identification of widespread labour abuses in this sector. In June 2011, the extent of the abuses came to light when 32 Indonesian crewmen of the Oyang 75 walked off their vessel. In this paper, we explore how a range of stakeholders worked organically to bring about change. We do this qualitatively by combining semi-structured interview (with over 160 Indonesian migrant crewmen between 2011 and 2017), observation and document analysis. We analyse our data through the lens of participatory action research which provides a framework to document the processes of who was involved, the cycles of change, what was achieved in each cycle, and importantly the platform for change. Specifically, we look at how stakeholders – the crew themselves, their advocates, academics, non-governmental organisations, journalists, activists, among others – all played a part in achieving legislated protections.

Economic and Social Rights, Reparations and the Aftermath of Widespread Violence: The African Human Rights System and Beyond

Abstract This article examines the dual responsibility of state authorities to repair past abuses and guarantee economic and social rights after episodes of widespread violence according to the jurisprudence of African human rights bodies. Two alternative frameworks underlying the practice of African bodies and human rights law more broadly are discussed. The first portrays the state as a threat to the individual, responsible for redressing the consequences of violations in breach of duties to respect and protect rights. The second understands the state as an active guarantor of rights in the aftermath of widespread abuses, responsible for improving the well-being of people affected and not affected by violence. In light of the possibilities and limitations that arise from both approaches in the African context, the article advocates the second.

Todos añoran estar cerca de ti

One of life's bitterest feelings is loneliness, and when it becomes a constant, it can be debilitating, not only for the body but for the mind.This condition produces great pain and depression that leads to persistent, life-threatening disorders. Karen Carpenter was beautiful and talented, but had developed eating disorders that were denied or minimized by herself and those around her. These destructive habits and widespread abuses, resented her body and turn it into a fragile bundle of bones dissected by lack of nutrients.

Employer and employer association matters in Australia in 2019

The May federal election appeared particularly important to employers’ views of their industrial relations’ interests. Employers and their associations had long steeled themselves against an unwelcome Labor victory, fearing Labor’s promises of substantial changes to industrial relations’ structures, processes and outcomes as well as taxation. Associations appeared busier than ever, representing employers through politics-related public relations, lobbying and media. With enterprise bargaining withering and most wages stagnant, Labor’s defeat encouraged associations and the re-elected government to engage in another, for-now stalled, attack on what remains of unions’ capacity to collectively protect employees. They have also focused on emergent (individual) employment law challenges for employers but have mainly deflected on widespread evidence of wage underpayment. While the political context again strongly favours employers and their associations, they face substantial challenges from rising media and public criticisms over employers’ widespread abuses of their social licence to operate.

Offshoring Migration Control: Guatemalan Transmigrants and the Construction of Mexico as a Buffer Zone

Abstract During the late Cold War, the United States and Western European countries offshored migration control to less powerful nations by converting them into buffer zones. Buffer zones had long been used to provide nations with military protection; now they were imagined as protecting nations from migrants by obstructing their movement. This practice had human rights implications. Beginning in the 1970s, the idea flourished that the defense of individual human rights was a transnational mandate that extended beyond the protections granted by particular nation-states. Ironically, the transnational practice of extending migration controls beyond individual nation-states that developed in the 1980s opened the door to increased human rights violations. This essay explores these dynamics by focusing on how, during the 1980s, U.S. officials pressured Mexican authorities to enter into a Faustian bargain that limited Mexico’s sovereign right to determine its immigration practices. U.S. policymakers insisted that they would turn a blind eye to Mexican migration if Mexican officials suppressed Central American migration into and through Mexico. In turn, Mexico’s leaders instituted measures to stop Central Americans from reaching the United States. These measures did not curtail transmigration, but they did lead to widespread violence and human rights abuses.

The Trauma of Trump's Family Separation and Child Detention Actions: A Children's Rights Perspective

In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family separation policy as a “tough deterrent.” At least 2,600 families were torn apart in the ensuing months. And as of 2019, reports—from both government and others—have detailed widespread abuses of and substandard conditions for children held in detention centers. The consequences of these separations and the maltreatment of children in detention are pronounced. The trauma that children have endured has potentially lifelong ramifications. This Article provides an in-depth, children’s rights-based analysis of the Trump Administration’s family separation and child detention policies and actions. A children’s rights perspective has several critical insights. First, children’s rights are rooted in a legal mandate. Second, examining the Trump Administration’s actions from a children’s rights perspective reveals the breadth of rights violations occurring. This more nuanced understanding of the events can help in devising appropriate strategies to respond to such violations. Third, a children’s rights perspective helps place the Trump Administration’s actions in their historical context to better understand the gravity of these actions. Children’s rights law is as close to universally accepted as any human rights law, and thus any departures from such widely embraced standards are particularly revealing. Finally, the authors discuss the implications of this children’s rights assessment, urging action on several fronts to address this harm and prevent violations of children’s rights in the future.

Apostasy, Human Rights and Hate Crime in England and Wales: A Mixed Methods Study

Apostasy, or leaving religion, is protected within international human rights law, however apostates face widespread abuses. In England and Wales, the right to change religion or belief is protected by the Human Rights Act. Evidence from campaigners suggests that this right is not enjoyed in practice, particularly by those leaving high control minority religious groups. Abuse and discrimination against apostates fall within the definition of religiously aggravated hate crime, however, apostasy is not included in government statistics or policy, and has not been addressed within academic research. The aim of this study is to understand the experiences of apostates in the context of human rights, and in regard to hate crime law and policy. A mixed methods approach was used, with quantitative data collected via an online victimisation survey, followed by semi-structured interviews with a number of respondents. The study was supported via social media by five NGOs that support apostates in order to access a diverse range of ex-religious groups. The study found that hate crime is a significant issue, particularly for apostates from high control religious backgrounds, and additionally many suffer abuses that would fall within definitions of domestic abuse and coercive control. These abuses have a significant impact on freedom of religion or belief and therefore represent a violation of article 9 ECHR. The study concludes that current legislation provides adequate protection for apostates, however this is not effective in practice due to a lack of recognition. The government in England and Wales have an obligation under human rights law to address the issues faced by apostates, and to include apostasy within hate crime statistics and policy action planning.

Applying the European Convention on Human Rights to the Conflict in Ukraine

The“annexation” of Crimea by the Russian Federation and the ongoing conflict in Eastern Ukraine have resulted in widespread human rights abuses. Both Ukraine and the Russian Federation are signatories to the European Convention on Human Rights and the Convention should apply within the territory and to the conflict. However, recent applications to the European Court of Human Rights reveal a great deal of confusion over which State bears responsibility for protecting human rights in different parts of Ukraine. This article seeks to shine a light on this problem presenting a deep analysis of the European Court of Human Rights’ jurisprudence and discussing how it applies to both the conflict in Eastern Ukraine and “annexed” Crimea. It addresses salient issues such as responsibility for the actions of non-state actors and armed groups in Eastern Ukraine and whether the legality of the “annexation” has any bearing on the human rights obligations of each State. The article presents a detailed critique of recent judgments from the European Court of Human Rights arguing that the jurisprudence of the Court has created a bewildering degree of complexity and uncertainty as to the obligations of each State and discussing the practical implications of this uncertainty.

Crisis and catastrophe on Chiloé: Collective memory and the (re)framing of an environmental disaster

In May 2016, residents of Chiloé in southern Chile blockaded their island to protest the contamination of their fishery by aquaculture operators as well as the state’s failure to adequately regulate this new industry. Media coverage of events on the island, particularly the scarcity of food resulting from the blockade, constituted a discourse of images that invoked the mobilization of “respectable” women during other moments of political crisis—specifically the bread shortages during the Popular Unity government (1970–1973) and the widespread human rights abuses of the Pinochet Dictatorship (1973–1990). These images helped protestors transform an environmental crisis into a humanitarian catastrophe, mobilizing collective memory of suffering and gaining widespread support for their cause. This article argues that media coverage of the protest and subsequent support for the protestors in other parts of Chile strengthened the hand of those whose livelihoods had been affected by the crisis and led to greater compensation for fishing families.

Applying the European Convention on Human Rights to the Conflict in Ukraine

The ‘annexation’ of Crimea by the Russian Federation and the ongoing conflict in Eastern Ukraine have resulted in widespread human rights abuses. Both Ukraine and the Russian Federation are signatories to the European Convention on Human Rights and the Convention should apply within the territory and to the conflict. However, recent applications to the European Court of Human Rights reveal a great deal of confusion over which State bears responsibility for protecting human rights in different parts of Ukraine. This article seeks to shine a light on this problem presenting a deep analysis of the European Court of Human Rights’ jurisprudence and discussing how it applies to both the conflict in Eastern Ukraine and ‘annexed’ Crimea. It addresses a number of salient issues such as whether either State bears responsibility for the actions of non-state actors and armed groups in Eastern Ukraine and whether the legality of the ‘annexation’ has any bearing on the human rights obligations of each State? The article presents a detailed critique of recent judgments from the European Court of Human Rights arguing that the jurisprudence of the Court has created a bewildering degree of complexity and uncertainty as to the obligations of each State and discussing the practical implications of this uncertainty.

BURUNDI: Widespread Abuses

BURUNDI: Widespread Abuses

Policy and Practice: Claiming Space for Labour Rights within the United Kingdom Modern Slavery Crusade

The focus of this article is on advocacy opportunities provided by the anti-trafficking framework in a new political climate. Through the case study of the United Kingdom (UK) Modern Slavery Act 2015 deliberations the article explores opportunities to use political interest in human trafficking to advocate labour rights and protections for vulnerable workers. The article explores how, largely cynical, political motivations for the debate on ‘modern slavery’ in the UK, provided an opportunity to reframe the anti-trafficking discourse in this context. Whilst migration control and labour market deregulation are key priorities for the UK government, the Modern Slavery Act process enabled advocates to highlight the impact of such measures on vulnerable, predominantly migrant, workers. It also ultimately served to persuade decision makers to make a connection between widespread labour abuses and severe labour exploitation. Through this case study the article argues for engagement with anti-trafficking frameworks to both highlight and harness the political rhetoric, and maximise the space provided for promoting the rights of vulnerable workers.

La prévention des violences faites aux travailleuses du sexe : obstacles et leviers

We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their human rights, and to improve their health and wellbeing. Research findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalised population.