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Jacqueline Bhabha. 5/20/2018. Can We Solve The Migration Crisis?, Pp. 140. Cambridge, UK; Medford, MA: Polity Press. See full text.Abstract

Can We Solve The Migration Crisis? by Jacqueline Bhabha 

Every minute 24 people are forced to leave their homes and over 65 million are currently displaced world-wide. Small wonder that tackling the refugee and migration crisis has become a global political priority.

But can this crisis be resolved and if so, how? In this compelling essay, renowned human rights lawyer and scholar Jacqueline Bhabha explains why forced migration demands compassion, generosity and a more vigorous acknowledgement of our shared dependence on human mobility as a key element of global collaboration. Unless we develop humane 'win-win' strategies for tackling the inequalities and conflicts driving migration and for addressing the fears fuelling xenophobia, she argues, both innocent lives and cardinal human rights principles will be squandered in the service of futile nationalism and oppressive border control.



Mathias Risse. 10/7/2018. Human Rights as Membership Rights in the World Society. 2018006th ed. Cambridge: Carr Center for Human Rights Policy. See full article.Abstract

Human Rights as Membership Rights in the World Society by Mathias Risse 

The idea of human rights has come a long way. Even hard-nosed international-relations realists should recognize that the idea has become so widely accepted that nowadays it arguably has an impact. Many countries have made human rights goals part of their foreign policy. International civil society is populated by well-funded and outspoken human rights organizations. We have recently witnessed the creation of an entirely new institution, the International Criminal Court, as well as the acceptance, at the UN level, of guiding principles to formulate human rights obligations of businesses. Around the world, more and more local concerns are formulated in the language of human rights, a phenomenon known as the vernacularization, or localization, of human rights. Ordinary people increasingly express concerns in terms of human rights rather than a language that earlier might have come more natural to them. They are not just helping themselves to a legal and political machinery. They also make clear that they are articulating concerns others have in similar ways where they live.



Jacqueline Bhahba. 4/12/2018. “#Us Too: Children on the Move and Belated Public Attention.” International Journal of Law, Policy and the Family, 21, 2, Pp. 250-258. Publisher's VersionAbstract

Children on the move are having their #UsToo moment.

Over the past months, momentous developments point to a more intense engagement with the needs and rights of refugee and other migration-affected children than has previously been evident. As with #Me too, many of the most central claims – the pervasive presence of abuse, the scale of the problem, the striking power imbalances that have perpetuated the problem’s relative invisibility – are not new or surprising per se. It is the avalanche of evidence, the mobilization of affected constituencies, and the sobering realization of the extent and consequences of previous denial that are disquieting.



Kathryn Sikkink. 7/31/2018. “170 Years Ago in Seneca Falls New York, Voting Was a Radical Idea.” Medium. See full text.Abstract

Original publication via Harvard's Ash Center.

On July 19th, we celebrated the 170th anniversary of the Seneca Falls Convention, a gathering that launched a global movement to secure the right to vote for women. As people in the US and around the world lament the state of our democracy, now is a good time to reflect on an anniversary that reminds us of how democratic change occurs.

Women’s suffrage was the most radical demand that Elizabeth Cady Stanton included in the Seneca Falls Declaration of Sentiments in 1848. When Stanton first suggested a suffrage resolution at the Seneca Falls Convention, even her most resolute supporters were afraid that it might make the women’s movement look ridiculous and compromise their other goals. Voting was considered the quintessential male domain of action. Resolutions on other issues at Seneca Falls, such as equal access to jobs and education for women, passed unanimously, while the suffrage resolution carried by a small majority and only after eloquent speeches by Stanton and abolitionist Frederick Douglass. It would take decades of struggle, including parades, protests, arrests, hunger strikes, and force feeding, before the US acknowledged women’s right to vote in 1920. The struggle to secure the vote for African Americans is an even longer story that can be traced from the Civil War to current voter suppression in states like North Carolina.

Our appreciation of voting as a radical demand secured through decades of struggle has been lost in US politics today, as reflected in low voter registration and turnout. At Harvard, where I teach, 59% of eligible students voted in the 2016 presidential election and only 24% in the 2014 midterm elections. This spring, I did a small set of focus groups with Harvard undergraduates to gauge their attitudes toward voting in an attempt to understand these low numbers. In every group, at least one person clearly articulated the belief that voting is a privilege and duty of citizenship. A small number argued that there was no duty whatsoever to vote and that there might be good reasons not to vote. Most students, however, fell in between these two positions. They argued that voting is the right thing to do, but that it is optional and that there are many reasons why it is acceptable not to vote. These reasons include lack of compelling candidates, lack of information, lack of interest, and lack of a personal stake in the matter.

“All of us have to collaborate in helping people exercise their legal right and their civic duty to vote”

These students revealed disillusionment with the political system, saying their vote would not make a difference. Voting was one option for participation in a democratic society, but for many of the students it held little meaning or impact. The passion of Seneca Falls was missing. One student mused, “I wish that there was a way … to make people more enthusiastic about voting. … apathy is a huge problem…”

People often assume college students don’t need advice or help to vote, especially Ivy League students. But many of the students found the US voting system genuinely complicated, and antiquated, especially in the case of absentee voting. At times, what the students described reached the level of voter suppression.

We need to continue the struggles launched by the activists in Seneca Falls to expand voting. If some of the smartest and most motivated young people in America today find voting difficult, we have a responsibility to help them and many others as they navigate the often complicated and sometimes hostile terrain of the US voting system. Voter suppression has been a conscious and well-orchestrated set of policies in many states; voter encouragement must be no less conscious or collective. Ensuring that US citizens enjoy the right to vote is very much the work of our government and political parties, but should not be left only to them. All of us have to collaborate in helping people exercise their legal right and their civic duty to vote.

Kathryn Sikkink is the Ryan Family Professor at the Harvard Kennedy School and the Carol K. Pforzheimer Professor at Radcliffe



Sushma Raman. 9/27/2018. “After 17 Years, Justice For 9/11 Remains Elusive.” Human Rights First. See full text.Abstract

Sushma Raman discusses the government’s twin challenges—upholding both the rule of law and national security—and the resulting delays in the trails of the 9/11 suspects.

 

“My father, along with many residents of the New Jersey town we are from, died on 9/11.  My mother died recently, without seeing justice.  It is possible that we will not see justice in my lifetime.”

—Family member of victim, September 15, 2018 

“Khalid Sheikh Mohammed? You mean he is still alive and that trial hasn’t even started?” 

—A colleague of mine, who is a retired senior U.S. government official, September 17, 2018 

 

Earlier this month, as an independent observer for Human Rights First, I attended a pre-trial hearing in the Guantanamo military commission for the 9/11 suspects. The proceedings fell on the week of September 10, and it was particularly poignant to be there on the anniversary of the attacks. Seventeen years later, there is no start date for the trial of the five men accused of orchestrating the attacks, and the long-serving judge has just been replaced. 

The week’s highlights included a “voir dire” of the new judge, in which he was questioned by the prosecution and defense, and a hearing on the dismissal of the former Military Commissions Convening Authority, Harvey Rishikof. 

Judge Pohl, an Army colonel, announced his retirement in August and assigned Keith Parrella, a military judge with two years’ judicial experience, to replace him. Just before stepping down, Judge Pohl ordered the exclusion of statements the defendants made to FBI interrogators after their transfer from CIA secret prisons, also called “black sites,” to Guantanamo. 

Lawyers for the defendants questioned incoming Judge Parrella on his limited experience as a military judge and in death penalty cases. They also raised the potential for conflict of interest, given Parella’s prior work at the Department of Justice (DOJ) as a fellow alongside several members of the 9/11 prosecution team. 

They also inquired about his knowledge of “mitigation”—evidence from the defense geared to persuade the court that the defendants should not receive a death sentence. The defendants spent years in the CIA’s Rendition, Detention, and Interrogation program. Their brutal treatment will undoubtedly be raised as a mitigating factor during any sentencing phase. Defense attorneys also questioned Parella’s ability to come up to speed on past rulings. He would have to review more than 20,000 pages of transcripts of the last six years of pre-trial proceedings. 

On September 10^th, all five defendants were present at the start of the day, along with their defense counsel. The new judge agreed to, among other things, allow the defendants to be unshackled (unless there was probable cause) and keep breaks in the day that coincide with the defendants’ prayer times.

On Tuesday, September 11^th, all five defendants were absent in the morning. Judge Parrella set forth his findings that he possessed the requisite skills and experience to preside in the case, that his DOJ fellowship did not pose a conflict, and that he has no personal bias against the defendants or prior affiliation with the case. 

Another key matter was the firing of Convening Authority Harvey Rishikof. The government argued that Rishikof was fired due to concerns about judgment, temperament, and a lack of appropriate coordination with superiors. The court heard testimony from Lieutenant Doug Newman, an investigator assigned to the office that oversees the defense teams, who described his investigation into Rishikof’s firing. Newman discussed his interviews with former Obama Administration officials, including Deputy Secretary of Defense Robert Work and former White House Counsel Neil Eggleston. According to Newman, Eggleston indicated that President Obama had become frustrated with the slow pace and cost of the process and asked for a path to move the case forward. 

Defense counsel said that Rishikof had been exploring plea deals that would have taken the death penalty off the table and expedited proceedings. They questioned whether his firing constituted unlawful command influence from political appointees who sought to shape the judicial workings of the case and thus, compromise the independence of the proceedings. 

Upholding both the rule of law and national security are the twin challenges facing the government in this case. The use of torture, as well as alleged government surveillance and intrusion into attorney-client conversations, may result in delays for years to come, with justice remaining elusive for the victims, their families, and the American public. 

Sushma Raman is the Executive Director of the Carr Center for Human Rights Policy at the Harvard Kennedy School and served as an independent observer representing Human Rights First. This blog does not reflect the official opinion or position of Harvard Kennedy School or the Carr Center for Human Rights Policy. 

 



John Shattuck. 10/7/2018. “The War on Voting Rights.” The Boston Globe.Abstract

New op-ed by Carr Center Senior Fellow John Shattuck.

"Eight years ago, on the eve of the 2010 midterm elections, Senate majority leader Mitch McConnell declared that “the single most important thing we want to achieve is for President Obama to be a one-term president.”

McConnell’s declaration of war on the Obama presidency ushered in the age of extreme obstruction and polarization in Congress. It also foreshadowed an eight-year Republican campaign to suppress or dilute voting by the coalition that elected Obama. That effort has intensified in the Trump era and is targeted at groups with low or uneven voting participation rates, especially minorities, young people, and immigrants."

Read the full Op-Ed in the Boston Globe.



Averell Schmidt and Kathryn Sikkink. 11/23/2018. “Partners in Crime: An Empirical Evaluation of the CIA Rendition, Detention, and Interrogation Program.” Perspectives on Politics, 16, 4, Pp. 1014-1033. See full text.Abstract

Article on : Partners in Crime: An Empirical Evaluation of the CIA Rendition, Detention, and Interrogation Program

In the years following the attacks of 9/11, the CIA adopted a program involving the capture, extraordinary rendition, secret detention, and harsh interrogation of suspected terrorists in the war on terror. As the details of this program have become public, a heated debate has ensued, focusing narrowly on whether or not this program “worked” by disrupting terror plots and saving American lives. By embracing such a narrow view of the program’s efficacy, this debate has failed to take into account the broader consequences of the CIA program. We move beyond current debates by evaluating the impact of the CIA program on the human rights practices of other states. We show that collaboration in the CIA program is associated with a worsening in the human rights practices of authoritarian countries. This finding illustrates how states learn from and influence one another through covert security cooperation and the importance of democratic institutions in mitigating the adverse consequences of the CIA program. This finding also underscores why a broad perspective is critical when assessing the consequences of counterterrorism policies.



The Rise of Western Anti-Democracy Movements

November 30, 2018

Former Assistant Secretary of State for Human Rights John Shattuck compares anti-democratic movements in Hungary and the United States.... Read more about The Rise of Western Anti-Democracy Movements



Kathryn Sikkink. 12/4/2018. “Here’s What Erick Erickson Gets Wrong About Dictators and Migration.” The Washington Post. See full text.Abstract

In a recent op-ed, conservative writer Erik Erickson argued that the U.S. government should support the “next Pinochets” to create more stability in Latin America and stop the flow of refugees seeking access to the United States.

The remark was instantly controversial because Augusto Pinochet was a Chilean dictator who committed massive human rights abuses.

Read the full article here.



Averell Schmidt and Kathryn Sikkink. 2/20/2019. “Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm.” Journal of Global Security Studies, 4, 1, Pp. 105-122. See full text.Abstract

Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm recent journal article by Kathryn Sikkink and Averell Schmidt

Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article investigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a heterogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms.

Read more here: https://academic.oup.com/jogss/article-abstract/4/1/105/5347914?redirectedFrom=fulltext

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