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21. Journal of Public and International Affairs 2017

Author:
Bethany Atkins, Trevor Pierce, Valentina Baiamonte, Chiara Redaelli, Hal Brewster, Vivian Chang, Lindsay Holcomb, Sarah Lohschelder, Nicolas Pose, Stephen Reimer, Namitha Sadanand, and Eustace Uzor
Publication Date:
05-2017
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
From the United States to the Switzerland, this year’s Journal draws on a diverse range of authors’ experiences and studies to analyze a varied—yet timely—set of current issues. By spotlighting topics such as climate change, voting rights, and gender issues, JPIA contributes to the debates that are occurring today. The strong use of quantitative analysis and in-depth study of resources ensures that this year’s Journal adds a select perspective to the debate that hopefully policymakers will find useful and actionable.
Topic:
Security, Climate Change, Development, Narcotics Trafficking, Law, Prisons/Penal Systems, Elections, Women, Brexit, Multilateralism, Private Sector, Carbon Tax, Carbon Emissions, and Gerrymandering
Political Geography:
Britain, Afghanistan, Africa, China, South Asia, Central Asia, Asia, and Nigeria

22. Re-embracing the Wartime Detention Mission

Author:
Ryan J. Vogel
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
Topic:
Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, and War on Terror
Political Geography:
Middle East, Global Focus, United States of America, and Guantanamo

23. Rasmea Odeh: The Case of an Indomitable Woman

Author:
Nehad Khader
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
In this profile of Rasmea Odeh, JPS examines the case of a Palestinian woman who has been incarcerated in both Israel and the United States. After a decade of confinement in Israel, Odeh was freed in a prisoner exchange in 1979. Following deportation from the occupied Palestinian territories, she became a noted social justice and women’s rights organizer, first in Lebanon and Jordan, and later in the U.S., where she built the now over 800-strong Arab Women’s Committee of Chicago. In April 2017, Odeh accepted a plea bargain that would lead to her deportation from the United States after a years-long legal battle to overturn a devastating conviction on charges of immigration fraud. Observers, legal experts, and supporters consider the case to “reek of political payback,” in the words of longtime Palestine solidarity activist, author, and academic Angela Davis. Odeh’s generosity of spirit, biting wit, and easy smile did not desert her throughout the years that she fought her case. To know Odeh is to be reminded that the work of organizing for social justice is about the collective rather than the individual, and that engagement, relationship building, and trust are the foundations of such work.
Topic:
Gender Issues, Human Rights, International Affairs, and Prisons/Penal Systems
Political Geography:
Palestine

24. U.S. Prison Labor and the Legacy of American Slavery

Author:
Fawn Bolak
Publication Date:
02-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
Last September, thousands of incarcerated individuals in the United States launched an organized protest on the 45th anniversary of the Attica Prison Uprising, in an effort to protest racial discrimination, excessive force, and demand an end to the current state of legalized slavery within the U.S. prison system. Across the nation, prisoners in state and federal correctional facilities are exploited for their labor in industries related to agriculture, clothing production, machinery, and technology. While prison officials who strike up deals with large corporations like AT&T and Walmart share in the profits of cheap production, the incarcerated laborers themselves make mere cents per hour for full time work. Additionally, those locked up in federal institutions, who are physically capable of full time work, are mandated to do so as prescribed by Title 29 of the Crime Control Act of 1990. Over 2 million people are currently incarcerated in the United States, making the U.S. the #1 jailer in the world, surpassing Cuba, Russia, and China. Moreover, inmates in the U.S. are disproportionately people of color. According data from the Sentencing Project, black men are incarcerated at a rate 5.1 times the rate of white men, and in 12 states, predominately in the south and east coast, more than 50% of the total state prison population is black. There is a prevailing conservative narrative that asserts that the disproportionate incarceration of black individuals in our criminal justice system is a product of a “culture of violence” centered in “inner cities” and predominately black neighborhoods, rather than a product systemic institutional racism. However, a quick glance at U.S. history indicates that the mass incarceration of black men, current use of exploitative prison labor, and our past economic system built on slavery, is not a mere coincidence.
Topic:
Human Rights, Race, Labor Issues, Prisons/Penal Systems, and Slavery
Political Geography:
United States and North America

25. Brazilian Prisons: Overcrowded and Inhumane

Author:
Jo Beletic
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
The Brazilian prison population is growing faster than that of any other country. The justice system is staggering from its inability to fund prison development and address in a timely manner the custody hearings necessary. From 2005 to 2012 UNDP reported a 74 percent increase in Brazil’s prison population. Youth, those between the ages of 18 and 24, are the most imprisoned people and Brazilians of African descent are 1.5 times more likely to be imprisoned than others in the country. Interestingly, there has been a 70 percent increase in the imprisonment of men and a 146 percent in that of women. The increase in arrests has been to a large extent due to charges related to drug distribution. Brazil has the 4th largest prison population in the world; according to the Institute for Criminal Policy Research its occupancy level is currently 153.9 percent. In country-ran jails, there is an average of 680,000 inmates in prisons designed for 300,000. In extreme cases, such as Curado in Pernambuco, the prisons are reported to hold close to 7,000 prisoners in facilities designed for 1,800. The conditions that result are unhealthy and inhumane, violating both Brazilian and International law.
Topic:
Crime, Human Rights, Prisons/Penal Systems, and Youth
Political Geography:
Brazil and South America

26. U.S. Prison Labor: Constitutional & Profitable

Author:
Kate Morgan
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
In the United States modern prison industrial complex (PIC), there are about 2 million inmates, marking the U.S. as the largest prison population in the world and the second highest incarceration rate per capita. The U.S. has 25% of the world’s prison population, but only 5% of the world’s population. With historical roots involved in using inmates as labor for agriculture, textiles, and other manufactured goods, this practice still continues by means of privatizing labor. Under the 13th amendment, forced labor is legally allowed when a person is imprisoned. Prisoners will never have “family emergencies”, ask for a pay raise, or refuse work without the threat of solitary confinement. This makes them the ideal economically conservative employee. Private companies and organizations will lease work out to prisons, and the prisons will then use their inmates to perform the needed work, whether it be mining, agricultural work, making military weapons, or making garments and clothing for Victoria’s Secret. The pay grade for an inmate doing this work can range from nothing to $3 per hour varying per state, with Texas and Georgia legally not having to pay anything to their inmates/employees.
Topic:
Human Rights, Privatization, Labor Issues, Prisons/Penal Systems, and Manufacturing
Political Geography:
United States and North America

27. Guantanamo’s Last Year

Author:
Ken Gude
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
With one year left in his administration, President Barack Obama remains committed to closing the prison at Guantanamo Bay during his time in office. Congress has prohibited, at least for now, one aspect of the president’s preferred pathway to close the prison—transferring some detainees into the United States for trial or continued law of war detention. Much of this debate has focused on the question of whether President Obama will use executive action to override the congressional transfer ban. Doing so would be impractical and extremely unwise. The Obama administration should state publicly that it will not use executive action to bring large numbers of Guantanamo detainees into the United States in defiance of congressional statute. A better strategy would be to pursue alternative options for closing Guantanamo that, even given current statutory constraints, remain entirely in the control of the executive branch. Amid disappointment at the failure to close Guantanamo, it is easy to forget that President Obama originally believed it was feasible to identify, categorize, prosecute, and transfer all 242 detainees in just one year—the same amount of time he has left for the remaining 91 detainees. While congressional resistance is a new obstacle not present at the time of President Obama’s original pledge, moving the majority of detainees out of Guantanamo is now mostly about the implementation of policies and decisions already made, a much more manageable challenge than the one that Obama faced in 2009. If that goal is to be achieved, however, President Obama must command a greater level of urgency throughout his administration and especially at the Pentagon. The risk is not simply a failure that becomes a stain on the president’s legacy; rather, the much more serious risk is that the next administration could resume sending detainees to Guantanamo, which is on the wish list of many conservatives. The latter would do irreparable harm to American national security—and be a colossal waste of money. Holding a detainee at Guantanamo now costs $4 million per year per detainee, compared with less than $100,000 per inmate in the highest security prison in the United States. And while it is fair to say that the salience of Guantanamo as a recruiting tool for terrorist groups has faded during the Obama administration’s efforts to close it, it is not gone. Hostages held by the Islamic State of Iraq and al-Sham, or ISIS, are not dressed in Guantanamo-like orange jumpsuits by accident. And if new detainees were to be sent to Guantanamo by the next administration, the prison would roar back to prominence in terrorist propaganda and be an enormous self-inflicted wound on the country. We cannot afford to risk this possibility. Guantanamo must be closed during the Obama administration. This can be achieved by completing the following steps: Hold Periodic Review Board hearings for all eligible detainees by July 1, 2016. Accelerate transfers of those detainees designated for transfer or release. Order the Department of Justice to review detainee cases for prosecution and potential plea bargain in federal court. Pursue agreements with countries to prosecute under their laws any Guantanamo detainees accused of serious crimes. Engage the Afghan government to seek an agreement to transfer back to Afghan custody any remaining law of war detainees captured in connection with the war in Afghanistan. Some of these options may not represent the best or preferred method for the Obama administration to close Guantanamo, but this is a feasible and realistic path to close the prison in one year. Some of these choices will be difficult, but when measured against the possibility that Guantanamo could be back in the business of accepting new detainees in 2017, those difficulties should not be disqualifying. A reinvigorated effort from the Obama administration is urgently needed to make 2016 Guantanamo’s last year.
Topic:
Terrorism, Prisons/Penal Systems, Counter-terrorism, and Detention
Political Geography:
Caribbean, North America, United States of America, and Guantanamo

28. Piecing Together the US Immigrant Detention Puzzle One Night at a Time: An Analysis of All Persons in DHS-ICE Custody on September 22, 2012

Author:
Donald Kerwin, Daniela Alulema, and Siqi Tu
Publication Date:
11-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper analyzes a dataset of every person in the custody of the US Department of Homeland Security Immigration and Customs Enforcement (DHS-ICE or ICE) on September 22, 2012, and compares this data with an earlier analysis of a similar dataset on detainees in DHS-ICE custody on January 25, 2009. DHS-ICE provided the 2012 and 2009 datasets in response to Freedom of Information Act (FOIA) requests from the Boston Globe and Associated Press. The paper sets forth findings related to: (1) the removal adjudication processes to which the detainees were subject; (2) the facilities in which they were held; (3) their length of detention; and (4) their criminal histories, if any.
Topic:
History, Immigration, Prisons/Penal Systems, Reform, and Homeland Security
Political Geography:
Global Focus and United States of America

29. Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System

Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Unlocking Human Dignity: A Plan to Transform the US Immigrant Detention System addresses one of the most troubled features of the US immigration system and highlights the need for fundamental changes to it. The report comes six years since the inception of the Obama administration’s detention reform initiative. In the interim, the number of immigrant detainees per year has risen to more than 400,000, the administration has opened immense new family detention centers, and the overwhelming majority of persons in the custody of the Department of Homeland Security (DHS) have remained in prisons, jails and other secure facilities where they are subject to standards designed for criminal defendants and, in many ways, treated more harshly than criminals.
Topic:
Immigration, Prisons/Penal Systems, Border Control, Reform, and Homeland Security
Political Geography:
United States of America

30. Penal Policies and Institutions in Turkey: Structural Problems and Potential Solutions

Author:
Berkay Mandıracı
Publication Date:
03-2015
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Penitentiaries and penal policies have been one of the many areas subjected to changes in the context of the judicial reform taking place in Turkey over the last several years. Officials have been inspired to develop new policies in this field by a number of factors: the rise in the number of inmates and the resulting capacity problem; the inefficacy of outdated municipal prisons; and the need to support the resocialization of inmates through new penal policies. Efforts to increase the resocializing impact of the penal system in Turkey and the mentality transformation aiming at overcoming the historical baggage the penal system carries in Turkey are positive. However, these have not yet produced satisfactory results. This is why human rights violations in penitentiaries in Turkey are still continuing. This report argues that the general aim of the penal regime should be based on ‘resocialization’. Therefore, individuals after going through all stages of the penal process and after facing their crime, should be given the opportunity to fully participate in society again. With this perspective the report assesses the current penal reform process in Turkey and puts emphasis on the need for a holistic penal regime that focuses on resocialization of offenders in all penal stages and applies international human rights standards.
Topic:
Human Rights, Prisons/Penal Systems, Reform, Criminal Justice, and Justice
Political Geography:
Turkey and Middle East