Search

Begin New Search Topic Human Rights Political Geography United States

101. Despite Recession, Immigration Reforms Essential to Normalize Labor Flows: Interview with Michael Chertoff

Author:
Robert McMahon
Publication Date:
03-2009
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Interview with Michael Chertoff, Former Homeland Security Secretary, on how immigration reforms are essential to normalize labor flows. The global economic crisis has triggered calls in some U.S. policy circles for tightening immigration rules to prevent non-Americans from competing for scarce jobs. Yet despite conditions, lawmakers should be preparing changes to immigration policy in anticipation of the country's economic revival, says former Homeland Security Secretary Michael Chertoff, who had jurisdiction over immigration issues. "We are going to need to have some workers coming from other parts of the world to do the jobs that Americans will not be willing to do," Chertoff said. In addition, he said, U.S. officials should increase contacts with Mexican authorities to work out a system for rationalizing the legal flow of migrant workers into the United States. He also stressed that tough enforcement of immigration laws, at the workplace and border, must be at the core of comprehensive reforms.
Topic:
International Relations, Economics, Human Rights, and Political Economy
Political Geography:
United States and Latin America

102. Caught in the Conflict: Civilians and the international security strategy in Afghanistan

Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The intensification and spread of the conflict in Afghanistan is increasingly affecting civilians. In 2008 there were over 2,100 civilian casualties, 55% of which were caused by militants. Despite steps to reduce civilian casualties, international military forces (IMF) caused 552 civilian deaths through airstrikes in 2008, which is up by 72% on 2007. IMF have also carried out or supported raids and search operations, a large number of which have involved an excessive use of force, including loss of life, physical assault, dam age to property and theft, as well as aggressive and improper treatment of women. Such conduct not only generates anger and mistrust towards foreign troops, but is steadily eroding popular support for the international presence in the country. Furthermore, many individuals detained by Afghan and US forces are held for long periods without charge or trial, and there are allegations of mistreatment and torture.
Topic:
Security, Defense Policy, Human Rights, and War
Political Geography:
Afghanistan, United States, and Central Asia

103. The Alien Tort Statute of 1789: Time for a Fresh Look

Author:
Gary Clyde Hufbauer
Publication Date:
05-2009
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
In 2007 the Second Circuit Court of Appeals held that US companies that had done business with apartheid South Africa could be found liable for monetary damages under the Alien Tort Statute (ATS) of 1789 (Khulumani v. Barclay Nat. Bank Ltd., 504 F.3d 254 [2d Cir. 2007]). Liability arises, the Second Circuit declared, from their possible connections with human rights violations committed by South Africa during the apartheid era. Firms named in the suit include Bank of America, IBM, Coca-Cola, and General Motors. The governments of the United Kingdom, Germany, and Switzerland all opposed the lawsuit, as did the government of South Africa, which argued that the suit ran counter to its policy of reconciliation. The Bush administration also opposed the suit, but the Second Circuit rejected the argument that the cases could be dismissed for foreign policy reasons.
Topic:
Apartheid, Human Rights, International Law, and International Trade and Finance
Political Geography:
Africa, United States, United Kingdom, America, South Africa, and Germany

104. Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia

Author:
Tullio Treves
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Attacks against ships off the coast of Somalia have brought piracy to the forefront of international attention, including that of the Security Council. SC Resolution 1816 of 2008 and others broaden the scope of the existing narrow international law rules on piracy, especially authorizing certain states to enter the Somali territorial waters in a manner consistent with action permitted on the high seas. SC resolutions are framed very cautiously and, in particular, note that they 'shall not be considered as establishing customary law'. They are adopted on the basis of the Somali Transitional Government's (TFG) authorization. Although such authorization seems unnecessary for resolutions adopted under Chapter VII, there are various reasons for this, among which to avoid discussions concerning the width of the Somali territorial sea. Seizing states are reluctant to exercise the powers on captured pirates granted by UNCLOS and SC resolutions. Their main concern is the human rights of the captured individuals. Agreements with Kenya by the USA, the UK, and the EC seek to ensure respect for the human rights of these individuals surrendered to Kenya for prosecution. Action against pirates in many cases involves the use of force. Practice shows that the navies involved limit such use to self-defence. Use of force against pirates off the coast of Somalia seems authorized as an exception to the exclusive rights of the flag state, with the limitation that it be reasonable and necessary and that the human rights of the persons involved are safeguarded.
Topic:
Security, Development, Government, and Human Rights
Political Geography:
Kenya, United States, United Kingdom, and Somalia

105. Dusk or Dawn for the Human Rights Movement?

Author:
Sarah E. Mendelson
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
About a month before the 60th anniversary of the Universal Declaration of Human Rights (UDHR), the United States elected its first African-American president, Barack Obama. This historic event, a fitting milestone, brings to life that declaration, which human rights activists and legal scholars regard as the sacred text. Obama's election fulfills a dream of the U.S. civil rights movement, a struggle that relied as much on the UDHR as on the courage of the men and women who for decades fought to make the United States a ''more perfect union.'' For human rights defenders around the world, its significance cannot be overstated.
Topic:
Human Rights
Political Geography:
Africa, United States, and America

106. Mubarak Comes to Washington

Author:
J. Scott Carpenter and David Schenker
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On August 18, Egyptian president Hosni Mubarak travels to Washington for a White House meeting with President Barack Obama. The trip -- Mubarak's first visit to the United States in six years -- marks the culmination of a six-month effort by the Obama administration to hit the reset button with Cairo. After years of tension resulting from the last administration's focus on human rights and democratic development, the traditional U.S.-Egyptian bilateral "bargain" has been effectively restored. In exchange for cooperation on key mutual interests -- the peace process and the Iranian threat --Washington appears to have shelved longstanding concerns over internal Egyptian governance. While the new dynamic may help mitigate some regional crises, the political and economic challenges Cairo faces will not age well, particularly as the state enters its first period of leadership transition in twenty-eight years.
Topic:
Democratization, Human Rights, and Bilateral Relations
Political Geography:
United States, Iran, Washington, Middle East, and Egypt

107. Scenarios for Sudan: Avoiding Political Violence Through 2011

Author:
Alan Schwartz
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Absent a change in current trends, further political violence in Sudan will be hard to avoid. Lack of governance capacity in the South and failure to resolve key issues between the North and South are important factors that can lead to political violence surrounding the referendum, slated for 2011, on whether the South secedes or remains part of a united Sudan. The parties need a shared sense of confidence about post-2011 futures. The North should be encouraged to cooperate in the referendum process and accept the outcome. The Government of Southern Sudan (GOSS) should devote more energy and resources to governance and service delivery rather than building military capability. The international community needs an assistance strategy focused on enhancing the GOSS's capacity to deliver services through local governments. The United States and the international community should pressure and assist the parties to promptly pass referendum legislation and address fundamental issues (e.g., oil and boundaries) before the referendum.
Topic:
Conflict Resolution, Political Violence, Genocide, Human Rights, and Armed Struggle
Political Geography:
Africa, United States, Sudan, and Arabia

108. Burma in Strategic Perspective: Renewing Discussion of Options

Author:
George Thomas, Lewis M. Stern, and Julia A. Thompson
Publication Date:
10-2009
Content Type:
Working Paper
Abstract:
U.S. policy has sought to nudge the junta in Burma toward a more reasonable approach to its dilemma, either in the form of managing Aung San Suu Kyi's house arrest in a semitransparent fashion, allowing the release of imprisoned prodemocracy activists and the National League for Democracy cadre, agreeing to visits from United Nations special representatives, or accepting regional advice and guidance at critical moments. But Burma is a minuet dramatizing the “one step forward, two steps backward” description of progress. Even as the administration of President Barack Obama commits itself in principle to reaching out to Burma, events conspire against another effort to coax the junta toward a reasonable, regionally acceptable solution to its hard edge.
Topic:
Human Rights and Bilateral Relations
Political Geography:
United States, Asia, and Burma

109. Fixing Bagram: Strengthening Detention Reforms to Align with U.S. Strategic Priorities

Author:
Sahr MuhammedAlly
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Eight years after launching Operation Enduring Freedom (OEF) in Afghanistan—with a mission to kill and capture “high-value” al Qaeda and Taliban members and destroy the safe havens from which al Qaeda planned and directed the 9/11 attacks—the United States government has announced several significant detention reforms in Afghanistan. Human Rights First has closely monitored U.S. detention policies and practices since September 11, 2001. In this paper, we analyze the new detention reforms announced in September 2009 and make recommendations for further improvement in U.S. detention practices in line with U.S. policy interests and legal obligations. We base our recommendations on an analysis of the applicable humanitarian and human rights law and field visits to Afghanistan.
Topic:
Political Violence, Human Rights, Terrorism, War, and Prisons/Penal Systems
Political Geography:
Afghanistan, United States, and Taliban

110. Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States

Author:
Anwen Hughes
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IMMIGRATION LAWS that target individuals who have engaged in or supported the commission of terrorist acts serve two very legitimate goals: to exclude from the United States people who threaten our national security, and to penalize people who have engaged in or supported acts of violence that are inherently wrongful and condemned under U.S. and international law. Both of these purposes are consistent with the United States' commitment to protect refugees who have fled political, religious and other forms of persecution. Indeed, the 1951 Refugee Convention and its Protocol explicitly exclude from protection persons who have committed a range of serious crimes, including acts of terrorism. The Refugee Convention also allows a country to expel a refugee who poses a danger to its security, or who has been convicted of a particularly serious crime in that country and constitutes a danger to the community.
Topic:
Human Rights, Terrorism, Immigration, and Law
Political Geography:
United States