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Modern-day slavery in the Persian Gulf

Trafficking word cloudThe Advocates for Human Rights receives a barrage of emails from across the globe, people who are looking for information and assistance in a wide variety of human rights issues. The requests for assistance are a window into the current human rights problems in the world, which oftentimes are virtually unknown outside of the country or region.

One example that I find especially heartbreaking is the modern day slavery that is happening in the Persian Gulf region. Through the Kafala system, a policy of the [Persian] Gulf Cooperation Council (GCC), citizens or companies sponsor “foreign” workers in order for their work visas and residency to be valid. This means that an individual’s right to work and legal presence in a host country is dependent on his or her employer, rendering the person to exploitation. The GCC includes Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

Every year, thousands migrate from Southeast Asia to the Persian Gulf region to seek employment. With some differences, the story of these workers repeats itself; people from the poorest parts of the world are toiling in sweat and blood in the shadow of unimaginable wealth. In such conditions, however, the international community enjoys investment incentives, luxurious shopping centers, and dreams of the World Cup (many of its facilities are built by migrant workers).

They Are Entrapped

The plight of migrant workers begins in their home countries when they are deceived in the recruitment process and promised liveable wages. Migrant workers usually take out large loans to pay the fees of local recruitment agencies that arrange their work contract and travel documents. While migrant workers are heavily dependant on their salaries to survive, they should devote most of their wages to service loans.

As a common practice, sponsors confiscate workers’ passports. Even when workers have their passports, they still must have their sponsor’s permission to leave the country. Migrant workers have limited options; continue in their jobs, or quit the job and work illegally for different employers. They have reported a culture of fear and intimidation in which there is no access to justice, especially for those who work illegally.

They Are Segregated and Exploited Slaves

Most migrant workers live in substandard conditions in remote areas. In Qatar, for instance, the segregation has been built through legislation by the Central Municipal Council (CMC). With the establishment of “family zones,” migrant workers have been banned from living in Doha; and have been prevented from enjoying public areas, such as shopping centers on certain days. Such laws legitimize negative stereotypes about migrant workers and have the effect of further entrenching segregation.

The World Cup Nightmare

In response to reports of worker’s deaths (in the World Cup facilities), the Qatari government commissioned a law firm to investigate. The recommendations of this investigation about legal reforms, however, have never been followed seriously. While the UN Special Rapporteur on the Human Rights of Migrants called for Qatar to repeal its Kafala system, it seems that the Qatari government intends to rename the system without removing its exploitative provisions. According to the latest report of the International Laborer Organization (“ILO”), Qatar has failed to observe the international standards regarding migrant workers. Two years prior, the ILO asked Qatar to take meaningful actions, otherwise a United Nations inquiry would be launched in 2017 that will make possible imposing international sanctions. As Human Rights Watch reported, Qatar has promised little and has delivered far less. By continuing in this way, the International Trade Union Confederation reports that, about 4,000 workers will die before the World Cup 2022.

Any will for change?

Considering the lack of protective measures for migrant workers, host countries must make fundamental changes in the Kafala system. In addition, they have enough financial means to ensure safe work, standard living conditions, and decent wages for foreign laborers. Simultaneously, migrant workers’ countries of origin have the duty to monitor the conditions of their citizens and provide them with proper consular support. Unfortunately, it is very unlikely that international companies will acknowledge their responsibility for the miserable conditions of their migrant laborers. For this reason, human rights activists across the Persian Gulf region and beyond must shed light on the lives of migrant workers to end modern-day slavery as a common practice among nations in the region.

By Mehrnoosh Karimi Andu, a third-year J.D. student (class of 2017) at the University of Minnesota Law School. She is 2016 summer intern with The Advocates’ International Justice Program.

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Cameroon must act to protect its children from Boko Haram

Boko Haram in Cameroon
In 2015, Boko Haram released images taken at a training camp for child soldiers in Nigeria (Photo: Al-Urwa Al-Wuthqa Media). Image link and article link.

During my time this summer as an intern at The Advocates for Human Rights, I’ve encountered many horror stories of human rights violations around the world. Yet none has shaken me more than the terrorist group Boko Haram’s new war tactic: kidnapping children and deploying them as suicide bombers.

Since its uprising against the Nigerian government in 2009, the militant Islamic group with allegiance to ISIS has killed more than 20,000 people and displaced nearly 2.3 million people. According to the Global Terrorism Index, it is the world’s deadliest terrorist group over ISIS. Much of the world, however, learned of Boko Haram only after its abduction of 276 Nigerian schoolgirls in 2014. Most of the girls remain missing to this day.

The latest development in Boko Haram’s violence that has spread beyond Nigeria’s borders is the harrowing use of children in suicide attacks, and the country with the highest incidence is Cameroon. According to UNICEF, 21 suicide attacks involving children took place in Cameroon between January 2014 and February 2016, while there were 17 in Nigeria and two in Chad.

As with children taken by Boko Haram elsewhere, those captured in Cameroon are forced to serve as not only suicide bombers, but also combatants on the front line, human shields, and guards – collectively known as “child soldiers.”

What have Cameroonian authorities done in response to Boko Haram’s increasing exploitation of their children as tools of war?

Cameroon joined a multinational task force to fight against Boko Haram and continues to conduct offensive military operations, but the protection of child soldiers embroiled in the conflict has not been a priority of the government. In its periodic report to the United Nations Committee on the Rights of the Child, ― a body of experts monitoring implementation of the human rights treaty specific to children ― Cameroon does not make a single reference to child soldiers nor Boko Haram’s use of children in its aggression.

Furthermore, the government does not offer organized support to former child soldiers. As Cameroonian forces have recaptured territories held by Boko Haram, some abductees have been found and released. According to UNICEF, however, many are not even welcomed home and instead viewed with deep suspicion because of the fear that they were radicalized in captivity. In particular, girls who were forcibly married to their captors and became pregnant as a result of rape face marginalization and discrimination due to social and cultural norms related to sexual violence. Accused of being Boko Haram wives, they are rejected by relatives and community members.

In the face of egregious abuses committed against Cameroonian children by Boko Haram and the mistreatment persisted by society, the government has been silent for far too long and must take action to better protect its youth from the effects of armed conflict. Instead of penalizing children associated with Boko Haram as was the case in the mass arrest and detainment of Quranic school students in 2014, the government ought to treat them as victims in need of protection.

In July, The Advocates and our Cameroonian partner Centre pour la promotion du droit (Center for the Promotion of Law or CEPROD) submitted a joint report to the United Nations Committee on the Rights of Child, identifying specific measures that the Cameroon government should enact.

First, the government should harmonize its national legislation with international standards that prohibit the recruitment of children by non-state armed groups such as Boko Haram. Cameroon has ratified both the United Nations Convention on the Rights of the Child and the accompanying Optional Protocol on the involvement of children in armed conflict. Under these treaties, Cameroon has the duty to enact measures to prevent the recruitment of children by armed groups, including the adoption of necessary legal measures. At present, however, Cameroon does not have any law that addresses the use of children by armed groups. Domestic provisions criminalizing this practice must be in place in order to prosecute perpetrators and stop offenses from occurring in the first place.

Second, the Cameroonian government should develop a comprehensive system of demobilization, recovery, and reintegration for children previously under the influence of armed groups. For the fraction of child soldiers who are rescued or able to escape from Boko Haram, life after captivity is supposed to be better. Yet these children are abandoned by their own families and left wholly vulnerable from their torturous experiences under Boko Haram. It is the State’s responsibility to ensure that they are safely moved to rehabilitative centers and to assist them in their physical and psychological recovery as well as their reintegration into society.

Recruiting children to participate in hostilities is a blatant human rights violation under international law. Yet a State’s failure to protect its children from such recruitment is also a violation of its human rights obligation. The Cameroonian government must act now to safeguard the rights of its children.

By: Nayeon Kim, a rising senior at Yale University studying political science and psychology.  She was a 2016 summer intern with The Advocates’ International Justice Program  through the Bulldogs on the Lakes program.  

Additional reading:

Joint submission from The Advocates and CEPROD to the UN Committee on the Rights of the Child on Issues Relating to Children in Conflict with the Law and Protection & Care of Children Affected by Armed Conflict (July 2016)

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On India’s Independence Day: A promise unfulfilled for religious minorities

PM Modi in Washington
Washington: Prime Minister Narendra Modi gestures while addressing a joint meeting of Congress on Capitol Hill in Washington on June 8. PTI Photo (PTI6_8_2016_000187A)

“India lives as one; India grows as one; India celebrates as one,” Indian Prime Minister Narendra Modi delivered these lofty words to a joint session of U.S. Congress on June 8 of this year. The rosy picture he painted of India, however, is betrayed by the reality of communal strife and intolerance on the ground. India, the world’s largest democracy, was founded as a secular liberal democracy:  in essence a promise to all Indians of their fair share of prosperity and the pursuit of the good life regardless of religion, background, or creed.

Regretfully, as India celebrates its 70th Independence Day on August 15, that promise remains unfulfilled for the many Indians who are deprived of their equal rights through both government action and inaction.

There are two broad areas of concern. The first is the rising religious tensions linked to alleged government-backed Hindu nationalism and the corresponding rise of communal violence and religious intolerance. The second is the lack of redress through courts, shown acutely by extrajudicial violence, custodial killings by the police, and unbearably long court waiting times. Both of these areas of concern have lack of accountability at their core, with perpetrators of both religious- and non-religious-based violence going unpunished.

India has always been a melting pot of traditions, religions, and languages and is constitutionally a secular country to account for such diversity. The increasing atmosphere of Hindu nationalism has perverted those principles with disastrous results: there have been more incidents of communal violence and a stronger culture of impunity for officials who commit religion-based crimes.

Since Modi and his Bharatiya Janata Party (BJP) came to power in 2014, the government has permitted the virulent ideology of right-wing Hindu groups like the Rashtriya Swayamsevak Sangh (RSS) to become commonplace within government and society. Testifying before the U.S. Congress Tom Lantos Commission for Human Rights hearing on religious minorities in India in June, Indian journalist Ajit Saha described the impact of the RSS as the “sine qua non about human rights in India.” This ideology has been linked with increased rates of vigilantism against religious minorities. Such acts include killing a Muslim man for allegedly eating a cow, disrupting marriages between Muslims and Hindus, and forcibly converting Christians and Muslims to Hinduism. All this has happened with official complacency. “The prime minister [has] not weighed in to admonish the culprits,” noted Saha.

Communal Violence
India has a long and tragic history of communal violence which in the Indian context can be defined as violence directed against religious or linguistic minorities. The most significant occurrences in the recent past were located in Uttar Pradesh( 2013), Odisha ( 2007-2008), Gujarat ( 2002), and Delhi in (1984). The scale of violence can be immense. The Gujarati violence was particularly noteworthy leaving “between 1,200-2,500 Muslims dead, destroyed homes, and forced 100,000 people to flee.”  Similarly the Delhi riots in 1984 “resulted in deaths of more than 3,000 Sikhs.” The rates of communal violence have increased substantially under Modi, “India experienced a 17% increase in communal violence, when compared to the previous year. In 2015, there were 751 reported incidents of communal violence, up from 644 in 2014.” Included in this violence in 2015 were attacks on Christian churches.

There are numerous problems for Indians seeking redress for communal violence. The United States Commission on International Religious Freedom noted that,
“NGOs, religious leaders, and human rights activists allege religious bias and corruption in these investigations and adjudications. Additionally, religious minority communities claim that eye-witnesses often are intimidated not to testify, especially when local political, religious, or societal leaders have been implicated in cases.”

Lack of Accountability: Gujarat
The involvement of Prime Minister Narendra Modi and other BJP officials in the violent riots in Gujarat in 2002 and the lack of accountability are of particular concern. While Modi, as Chief Minister of Gujarat, was responsible for coordinating the government’s response to the violent mobs, there is strong evidence to suggest that top officials actively refused to intervene in the violent riots. The tragic case of Ehsan Jafri, the Congress MP who gave terrified Muslims safe haven in his home during the Gulberg Society riots, is telling. According to eyewitnesses, Jafri made frantic calls to top Gujarati officials, including Modi himself, to no avail. Eventually Jafri offered himself to the gathering mob outside his house in an effort to save those inside his home. He was butchered by the mob while they set his home alight, killing most inside. Many BJP officials were acquitted from charges relating to the riots. Civil society activists like Teesta Setalvad have protested the judicial proceedings, citing the hostility of investigators towards witnesses and the restricted purview of the investigation.

Retaliation Against Civil Society
The draconian Foreign Contributions Regulation Act (FCRA) is being used to restrict funding and revoke licenses of NGOs that criticize the government. Activist Setalvad has been a prime target of government retaliation for her work seeking justice for the Gujarat victims and a new trial for Modi and other Gujarat officials implicated in the 2002 violence. As Ajit Saha testified, “The Supreme Court had to stay attempts to arrest her on charges of financial embezzlement through the Citizens for Justice & Peace, her NGO. Her offices and homes have been raided several times, failing each time to recover incriminating evidence.” It is alleged that the registration of Lawyers Collective, an Indian NGO dedicated to human rights issues, was suspended because of its legal assistance to Setalvad.  Similarly, Greenpeace activist Priya Pillai was refused admission to a flight to London to testify to Parliament about human rights abuses in the central Indian state of Madhya Pradesh.

Custodial Killings
There is a terrifyingly high number of people in India killed in police custody. More than 14,000 Indians died in the custody of police or in prisons during 2001-10 at a rate of four a day for ten years. The vast majority of deaths, 99.9 percent according to The Asian Centre for Human Rights (ACHR), is the result of torture. “Torture remains endemic, institutionalised and central to the administration of justice,” reports the ACHR.

Encounter Killings
Another pervasive extrajudicial practice is “encounter killings.” Officially, these are deaths resulting from encounters with suspects. But in reality, these tend to be outright murders by police. As explained by Ajit Sahi, “Nearly all such encounters are suspected of being “fake,” that is, pre-apprehended men and women killed in cold blood.”  The UN special rapporteur on extrajudicial, summary or arbitrary execution’s 2013 report on India noted that, “[A]ccording to the NHRC [National Human Rights Council], 2,560 deaths during encounters with police were reported between 1993 and 2008. Of this number, 1,224 cases were regarded by the NHRC as “fake encounters.”

Prime Minister Modi spoke about the ideal India in his speech to U.S. Congress in June. An India united rather than fragmented.  As it is, India is riven with religious conflict and intolerance. People are killed for their communal identities in mob violence while officials either take no action or, themselves, contribute to the killing.

If India is to ever achieve the greater goal of Indian unity, its leaders must continue to acknowledge and correct shortcomings, including holding all perpetrators of violence accountable.

Additional reading by The Advocates for Human Rights:

India’s Politics Without Principles 

Hold Modi Accountable

The Advocates’ Robin Phillips Testifies Before Congressional Committee

Joint Written Statement on Religious Minorities in India submitted to United Nations Human Rights Council

By Adam Krok, a sophomore at Yale (class of 2019) expecting to major in Ethics, Politics and Economics. From Johannesburg, South Africa, he is 2016 summer intern with The Advocates’ International Justice Program through the Bulldogs on the Lakes program.  He enjoys nothing more than a good argument or a compelling case.