Trafficking in the UK: Demands and Dilemmas for Justice

Mahlea Babjak is reading for a PhD in Religious Studies and is researching human trafficking in South Asia.  She is a Global Justice Academy Student Ambassador for 2016-17. Here, Mahlea reports on the recent Tumbling Lassie seminar on Trafficking in the UK.

The Faculty of Advocates, as well as other lawyers and justice advocates, gathered on the 28 of January 2017 to hear from key stakeholders fighting human trafficking in both the UK and abroad, due to the interlinking nature of trafficking networks.

The seminar opened with a short history of The Tumbling Lassie, followed by a compelling talk led by Andrew Bevan of International Justice Mission (IJM). When Andrew stated that the IJM’s mission to “rescue thousands, protect millions and prove that justice for the poor is possible” was an ambition being met (with IJM currently protecting an estimated 21 million), I was filled with hope and reminded that seemingly impossible justice goals are never beyond reach.

Andrew traced the story of one woman whom IJM worked with in India. The woman was trafficked for labour and enslaved at a brick kiln under debt bondage for forty years. Our hearts grew heavy as we felt the weight of one brick that Andrew passed around the seminar from the kiln. Andrew is passionate about seeing students, businesses and lawyers in Scotland becoming advocates in anti-human trafficking. As Andrew stated, you can “use what’s in your hands to respond” to the global justice issue of human trafficking.

We then heard from the Solicitor General for Scotland, Alison Di Rollo, who emphasised her (and the Lord Advocate’s) desire to “make the invisible visible” by improving our ability of detecting, challenging, and reporting cases of trafficking in the UK (see photo).

Alison’s talk drew widely on the general approach of the justice system in Scotland and about their commitment to safeguarding human trafficking victims rights, working collaboratively with NGOs and academics, and prosecuting traffickers. While many would be surprised to hear that trafficking is indeed happening in Scotland and the UK widely, Alison noted common destinations in Scotland and discussed several cases as examples and stressed that improving our ability to detect victims of trafficking as critical.

Alison’s talk led nicely to Bronagh Andrew’s of TARA (Trafficking Awareness Raising Alliance), a sector of Community Safety Glasgow. Alison shared about how TARA offers a support service to trafficking survivors and helps to identify victims of sexual exploitation. TARA has a unique survivor-led approach, which has provided survivors with hope as their survivors re-learn how to trust people and the legal system. The work of TARA has empowered survivors through TARA’s ability to support survivors on a long-term basis, until the survivors express that they feel they’ve regained a sense of agency.

The final speaker was Parosha Chandran, an award-winning human rights barrister and receiver of the ‘Trafficking in Persons Hero Award 2015’ from former US Secretary of State, John Kerry. Parosha spoke about establishing rights recognition for victims of trafficking and she over-viewed some of the ground-breaking trafficking cases she has worked on over the past 15+ years, which have come to shape anti-trafficking efforts in the UK. A theme that would be interesting to explore further from Parosha’s presented cases is the often out-dated relationship between the justice system and Home Office. Since much of Parosha’s discussion was technical, legal language, she has offered to share her powerpoint that outlines the major human trafficking cases in the UK if requested by email.

Overall, this event sparked both hope within attendees and a desire to see more anti-human trafficking seminars combining major UK law firms and legal advocates. I would highly recommend people mark their calendars in advance for whenever the next Tumbling Lassie seminar may be.

More about the author

Mahlea is also the Emerging Fields Researcher for Tiny Hands International, an NGO fighting human trafficking globally through border and transit monitoring. Mahlea can be contacted at: mahlea@tinyhands.org.

The Tumbling lassie

If anyone is interested in this field and would like to get in touch with The Tumbling Lassie directly, you can email them here: tumblinglassie@gmail.com 

Should we have hope for the human rights project?

Vivek Bhatt is reading for a PhD in Law, and is a Global Justice Academy Student Ambassador for 2016-17. He recently attended and spoke at a conference hosted by the University of Sussex’s Human Rights Research Centre. The conference theme was Challenging Human Rights Disenchantment.

The past few years have been uncertain times for the human rights project. On one hand, the human rights discourse seems ubiquitous in contemporary international affairs. Yet on the other, the authority, legitimacy, and efficiency of international human rights law are continually being challenged. 2016, for example, saw the escalation of the refugee crisis resulting from conflict in Syria and Iraq, the rejection by several African heads of state of a UN dialogue on the human rights of same-sex attracted individuals,[1] and the election of a new American head of state, who – from the outset – has expressed an unwillingness to abide by key international human rights laws, the Convention against Torture, and the Refugee Convention.[2] In light of such developments, disenfranchisement and frustration with international human rights law seem inevitable. While some suggest that human rights are admirably idealistic but ultimately unenforceable,[3] others claim that the human rights project is but a vehicle for capitalism, the entrenchment of global power disequilibrium, and Western neo-colonialism.[4]

It was against this troubling backdrop that the Sussex Centre for Human Rights Research at the University of Sussex hosted its inaugural conference, titled Challenging Human Rights Disenchantment 50 Years on from the ICCPR and ICESCR. The interdisciplinary conference brought together human rights advocates, lawyers, and philosophers, with speakers considering various forms of human rights disenchantment, and the ways in which they can be challenged. Mona Rishwami – Chief of the Rule of Law, Equality, and Non-Discrimination branch of the OHCHR – opened the conference with an outline of the developments that galvanised the human rights movement and the profession of human rights law. Rishwami suggested that although the current legal framework for human rights was conceived in the aftermath of the Second World War, it articulates concerns and ideals that are pertinent to contemporary human experience. She was followed by Professor Pamela Palmater, who – as an indigenous woman – argued that human rights activism should no longer be left to members of the world’s most marginalised communities. Citing the disproportionate number of indigenous women in custody and the infrastructural underdevelopment of indigenous nations within Canada, Palmater suggested that human rights violations are rife even within States that are reputed as bastions of human rights. To Palmater, human rights law generates demands for state accountability, demands that we must all amplify within and beyond academic circles.

Following a series of thematic sessions featuring speakers from the UK and abroad, the esteemed Professor Andrew Clapham delivered a closing address. Professor Clapham shared anecdotes about the many ways in which he has been confronted by human rights disenchantment, from being told that human rights ‘are for girls,’ to seeing politicians and the press tell ‘lies’ about the competence and function of regional and international human rights bodies. While Professor Palmater highlighted the importance of human rights advocacy by individuals, Professor Clapham addressed the roles of academics and lawyers. He suggested that we must defend human rights as a binding and legitimate body of law, dispel pervasive fictions about the function and reach of human rights bodies, and challenge rhetoric that characterises human rights law as vacuous idealism.

Though they focused on different issues, Palmater and Clapham made a common argument: that there exist innumerable human rights issues around the world today, and their resolution requires engagement with individuals outside the realms of human rights law and academia. This, to Palmater, is in order to encourage widespread human rights activism. To Clapham, meanwhile, it is in order to legitimise human rights as a valid and functional category of law that can – and does – influence governance and society. Clapham’s argument resonated with Charlesworth’s description of international law as a ‘discipline of crisis’;[5] we can challenge human rights disenchantment by encouraging sceptics to look beyond the law’s most prominent failings, and to recognise the ways in which human rights laws exist as practice, constituting everyday realities.

As a participant, I left the conference with conflicting intuitions. I had spent the day speaking and hearing about the emancipatory promise of human rights, but simultaneously reading news about a travel ban in the USA and a possible escalation of torture practices in the context of the war on terror. Yet there was meaning to be found in this apparent clash between theoretical optimism and reality. Not that we should give up on human rights altogether, but that the human rights project is most important and meaningful precisely when the reasons for disenchantment with it seem most convincing. Human rights provide a basis for critical discursive and legal engagement with political institutions by academics, social movements, lawyers, and jurists. International human rights law also serves as a reminder that each individual is entitled to certain liberties and securities by virtue of his or her humanness. The policies of the Trump administration may be conspicuous and shocking, but they should not diminish the significance or urgency of other human rights issues around the world. As moral claims and as law, human rights require us to reflect on and respond to all instances of marginalisation, deprivation, and violence. This includes not only the suffering of migrants in constitutional democracies, but also indigenous communities, persecuted religious minorities, and same-sex attracted individuals, among others.

We should, therefore, have hope for and promote the human rights project. As Professor Palmater implied, inaction and despair would merely aid the demise of something we recognise as intrinsically valuable. The inaugural conference of the Sussex Centre for Human Rights Research highlighted not only the diversity of current human rights scholarship, but also the number of domestic, regional, and international practices that can be influenced (and improved) by human rights considerations. More information on the conference proceedings and speakers, including a copy of the programme, can be found at: http://www.sussex.ac.uk/schrr/pastevents/challenging-human-rights-disenchantment.

About the author

Vivek Bhatt is an Edinburgh Global Research Scholar, and is reading for a PhD in Law. He holds an MSc in Political Theory from the London School of Economics and a Master of International Law from the University of Sydney. Vivek’s research interests span public international law, international political theory, and counterterrorism. His current research relates to the engagement of individuals in the international legal system through the course of the war on terror.

[1] Permanent Mission of the Republic of Botswana to the United Nations, Statement of the African Group on the Presentation of the Annual Report of the United Nations Human Rights Council (4 November 2016) United Nations PaperSmart < papersmart.unmeetings.org/media2/7663738/botswana.pdf>.

[2] See, for example, Mark Mazzetti and Charlie Savage, Leaked Draft of Executive Order Could Revive C.I.A. Prisons (25 January 2017) The New York Times < https://www.nytimes.com/2017/01/25/us/politics/executive-order-leaked-draft-national-security-trump-administration.html?_r=0>.

[3] See, for example, Eric Posner, The Twilight of Human Rights Law (Oxford University Press, 2014).

[4] See, for example, David Kennedy, ‘Reassessing International Humanitarianism: the Dark Sides’ in Anne Orford (ed), International Law and its Others (Cambridge University Press, 2006) 131, 133-5.

[5] Hilary Charlesworth, ‘International Law: A Discipline of Crisis’ (2002) 65(3) The Modern Law Review 377.

Local Space, Global Life: a notable methodological & theoretical contribution to international law scholarship.

Vivek Bhatt is reading for a PhD in Law, and is a Global Justice Academy Student Ambassador for 2016-17. Here, he reviews Luis Eslava’s Local Space, Global Life: The Everyday Operation of International Law and Development (Cambridge University Press, 2016).

Luis Eslava’s Local Space, Global Life considers the ways in which international law and the development project jointly produce local spaces and ‘locals’ that conform to global ideals.[1] The author moves beyond the doctrine of legal subjects,[2] a concept that confines many international law scholars to the relationship between law and states, the primary bearers of legal ‘status.’ To Eslava, international legal norms move across spaces and jurisdictions, constituting everyday, local, and private life. Dr Eslava traces the conceptual trajectory of the international development discourse, which became prevalent following Harry S. Truman’s 1949 inaugural address.[3] Truman identified the Third World nation-state as the ideal unit for the attainment of developmental goals. International law and development became inextricable; the former would contribute to the ‘making of a new world order’[4] by aiding the development of Third World nation-states. Yet according to Eslava, world leaders gradually became disenchanted with the idea that development could be achieved through reform at the nation-state level.[5] This led to the identification of the local jurisdiction as the new ideal locus of international development.

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Building Bridges, Not Walls: Bauman’s Reflections on the Present-Day ‘Migration Panic’

profile-jgIn his second book review as a Global Justice Academy Student Ambassador, James Gacek considers Zygmunt Bauman’s Strangers at Our Door and the popular panic that often surrounds mass migration.

Zygmunt Bauman’s (2016) book, Strangers at Our Door, provides a significant contribution to a growing discussion which counters the illusory panics of mass migration. Bauman explores the origins, contours and the impact of ‘moral panic’ seemingly spreading across Western, liberal democracies, and dissects the present-day ‘migration panic.’ Such migration panic, he contends, is witnessed within anxiety-driven and fear-suffused debates percolating within Western societies. While moral panic is not a new concept—one in which articulates that some malevolent force of ‘evil’ threatens a society’s well-being, coupled with the anxieties ostensibly overwhelming felt within such societies (c.f. Cohen, 1972)—what is new is the feeling of fear spreading among an ever-growing number of people within Western nations.

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‘Buildings are for (Some) People’: Reconsidering Architecture and the Struggle for Urban Space

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GJA Student Ambassador, James Gacek

The Global Justice Academy is delighted to post its second book review of the 2016-17 academic year as part of its Student Ambassador Programme. James Gacek is reading for a PhD in Law. Here, he review’s Bill Caplan’s Buildings are for People as part of our Urban Justice Lab.

Exploring the interactions between people and the natural environment, Bill Caplan’s Buildings are for People: Human Ecological Design issues a clarion call for the design/build professions to critically assess architecture, green design and sustainability in the context of human ecology—that is, the examination between people, community spaces and the ecosystem which surrounds and penetrates us.

Such a focus is significant, as sustainable building has gained resonance in recent professional and academic accounts (Jones & Card, 2011). The built environment of urban spaces has the potential to alter “our living environment in material and experiential ways, shaping the character of human experience, the physical, mental and economic wellbeing of individuals and the community at large” (Caplan, 2016, p. xvi, italics in original). Caplan’s book is a unique approach to further understanding the process of conceiving architectural design, while both highlighting the social aspects of human interaction as well as the benefits of ‘green’ and sustainable architectural designs.

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The Apportionment of Shame: Rodrigo Duterte and the Cosmopolitan Discourse of International Criminal Law

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GJA Student Ambassador, Vivek Bhatt

The Global Justice Academy is delighted to launch the second year of its Student Ambassador programme with a guest post by Vivek Bhatt. Vivek is an incoming student reading for a PhD in Law. He recently completed the MSc in Political Theory at the London School of Economics, and holds a Bachelor of Arts (Advanced) (Honours) and Master of International Law from the University of Sydney. His primary interest is in international laws relating to counterterrorism, conflict, and human rights.  

Rodrigo Duterte’s war on drugs in the Philippines has recently been deemed an international crime. This post reflects upon issues arising from the condemnation of Duterte, asking whether international criminal law can enable the realisation of cosmopolitan ideals. 

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Rodrigo Duterte, President of the Philippines

When elected President of the Philippines on 9 May 2016, Rodrigo Duterte vowed to reduce rates of drug-related crime within the state. Duterte has since waged a violent anti-drug campaign, authorising the extra-judicial execution of individuals thought to use, possess, or traffic illegal substances.  The President’s “death squad” comprises select members of the police force and civilian volunteers. Most of these individuals were lured into their roles as amateur mercenaries through payment, and promises of impunity for their actions. Others were coerced into joining Duterte’s campaign; men and women were guaranteed immunity from punishment for their own drug-related offences in exchange for their services as assassins.[1] The OHCHR suggests that over 850 people have been killed since Duterte’s election, but reports that take into account unexplained deaths during that period suggest the number is closer to 3,000.[2]
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COP 21: the Global Challenge of Climate Change

Lauren Donnelly is reading for an LLM in Human Rights at Edinburgh Law School. In her role as a Global Justice Academy Student Ambassador, Lauren reflects on discussions raised from the Paris talks on climate change, including what Scotland can do.

On Saturday the 19th of March, the UN House Scotland held, “Climate Change: Global Challenges, Local Solutions Conference” to explore the impact of the much publicised 2015 Paris Climate Change agreement. The event consisted of two panel discussions, the first which examined from an international perspective and the second which explored the Scottish response, to the various challenges faced in achieving the goals set out in this agreement.

COP 21The opening address of conference was delivered by Tom Ballantine, the Chair of Stop Climate Change Scotland. The opening address paved the way for what was to be an inspiring and enlightened discussion throughout the afternoon. The presentation outlined briefly why climate change matters, the broader effects of climate change and climate change after the Paris agreement. It highlighted that climate change has been discussed since the nineteenth century, stressing that despite the fact that the developing world is contributing the least to climate change, these countries are most likely to suffer the impact of global warming. Expanding on this point, the presentation outlined that if we do not act urgently we can expect to see: coastal flooding and displaced people due to land loss; reduced yields of major crops; human insecurity; and mass poverty.

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Counter-Terrorism, Radicalisation, and the University: Debating the Prevent Strategy

On Friday 15 January 2016, the Global Justice Academy and the Centre for Security Research at The University of Edinburgh hosted a panel discussion on the Prevent Strategy obligations that have been placed on higher education institutions. GJA Student Ambassador, Rebecca Smyth, went along to the debate and outlines the debated arguments as well as her thoughts on this contentious issue in this guest post.

A thing of nothing or something more sinister?  Under section 26 of the 2015 Counter-Terrorism and Security Act universities must “have due regard to the need to prevent people being drawn into terrorism.”  The origins of this ‘Prevent’ duty, and its potential implications for staff and students, were considered at a panel discussion organised by the Global Justice Academy and Centre for Security Research last Friday.  Chaired by Akwugo Emejulu, the panel comprised Gavin Douglas, Deputy Secretary of Student Experience here at the University of Edinburgh; Richard Jones of the School of Law; Genevieve Lennon of the University of Strathclyde Law School; Urte Macikene, EUSA Vice President of Services; and Andrew Neal of the Politics and International Relations department.

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Myths and Realities – What is the Women, Peace and Security Agenda?

Rosie Ireland is a GJA Student Ambassador for 2015-16, and is reading for an LLM in Human Rights. Rosie co-authored our first student report on international law and peace negotiations with her colleague, Siobhan Cuming. In this report, Rosie reflects on the 2015 Crystal Macmillan Lecture, which was delivered by Madeleine Rees. 

Last semester on the 26 November, the distinguished international lawyer and human rights advocate Madeline Rees, Secretary General of the Women’s International League for Peace and Freedom, delivered the second Chrystal Macmillan Lecture of 2015. The report provides a brief summary and covers some of the key points made during the lecture.

Law has developed since 1948 to address conflicts, promote peace and end war. Addressing the root causes of conflict – such as inequalities between people and nations – is essential to the prevention of future conflict.

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The Accountability and Remedy Project: Corporate Liability for Human Rights Undergoes Some Research & Development

Helen Kemp is a GJA Student Ambassador for the 2015-16 academic year. Helen is reading for her Law LLB at Edinburgh Law School. She is a fourth-year student and is writing her dissertation on the role of human rights in international environmental law.

Convincing multinational corporations to protect the rights of people involved in, or affected by, the flourishing of their business is hardly a simple task. Endless frameworks and guidelines may be available to help States induce companies to comply with human rights law, but the quality of life of factory workers in a faraway nation has not usually shown to outweigh the short-term profit brought about by their exploitation.

The United Nations Guiding Principles on Business and Human Rights (UNGP) resulted from a decades-long effort to set standards for states to address human rights violations resulting from global business activities. Continue reading