Human Rights Archives – ITSS Verona

October 14, 2024 — No Comments

Mpox Crisis in the DRC: Healthcare Challenges Admist Conflict

By Michela Mansoldo - Human Rights Team

Introduction

On August 14, 2024, the World Health Organization (WHO) declared the Mpox crisis a public health emergency of international concern. This declaration comes as the outbreak spreads broadly across the overall Western and Central African region, with two-thirds of the cases recorded in the Democratic Republic of Congo (DRC). This situation exacerbates the already existing challenges within the country’s internal political system and deteriorates the ongoing human rights crisis. The Congolese population faces enormous aggravations due to ongoing armed conflict, high food insecurity, and continuous human rights abuses, particularly in the mining sector. This article will examine how the Mpox outbreak in the DRC highlights broader social challenges in the country, including the impact of the mining industry on the already burdened healthcare system.

What is Mpox?

Mpox is an infectious disease that spreads through close and/or sexual contact, and it poses a significant risk to individuals with weakened immune systems, especially pregnant women and children, whose contractions can be fatal. While the initial outbreak was identified in 2022, Mpox has been reported in the DRC for over a decade. The situation worsened in 2024 with the emergence of a new strain, resulting in over 26,000 cases and 833 deaths to date.

In response to the outbreak, vaccination campaigns commenced in September 2024, but the rollout faced delays, making it challenging to keep up with the rapidly increasing case numbers. This situation raises critical questions on equitable access to healthcare in the country, where over 7 million people are internally displaced and around 25 million face food insecurity. Among the most vulnerable populations are children, especially those who are undernourished and live in refugee camps, where sanitation and access to clean water are limited.

According to the Global Director of Health and Nutrition at Save the Children, the DRC records some of the highest levels of child insecurity globally and in 2023, violence, displacement, and killings reached alarming peaks, as reported by UNICEF. Furthermore, issues such as lack of sanitation, sexual abuse and child labour, significantly affect the contraction rate of Mpox amongst another vulnerable group in the DRC: miners.

Cobalt Mines and Human Rights Issues

Owning approximately 70% of the world's cobalt resources, eastern DRC has become a hotspot for conflict and exploitation. The mining industry has caused significant human rights violations in the country, triggering numerous interventions and peacekeeping efforts. The exploitation of Congolese labour dates back to the Belgian colonial period, and both internal and international actors have profited from it ever since.

The demand for cobalt has intensified with advancements in technology and the production of batteries, yet this surge has not been accompanied by a secure and sustainable approach to extraction. In fact, cobalt is highly toxic to inhale and leads to a number of healthcare complications for artisanal workers. Although mining may appear to be one of the better-paid jobs for locals, it comes with significant social and medical obstacles.

In mining areas, the risk of injuries is high due to the constant collapse of pits, often burying workers alive, including children. Reports indicate that tens of thousands of children are involved in the cobalt industry, which often leads them to abandon their education. Moreover, their prolonged exposure to toxic substances can severely damage internal organs, further aggravating immune responses to infections, which are very common in mining communities. Besides the rare access to sanitation facilities in mines, another issue is related to sexual abuses, which often results in the contraction of sexually transmitted and debilitating diseases.

This situation underscores the vulnerability of individuals with already compromised health, further exacerbating the spread of mpox in Eastern DRC, where most mines are located.

Challenges for Healthcare

Despite ongoing efforts to deliver vaccines, the WHO remains optimistic about eradicating Mpox. However, the situation in mining areas poses significant challenges to this vision. Key obstacles include the remote locations of some communities and a lack of awareness about Mpox among local populations. Many individuals lack basic knowledge about the diseases they may contract and the preventive measures necessary to limit their spread. In fact, with the fourth-largest population in Africa and a substantial number of displaced people, the DRC faces an even more complex health burden. Many diseases affect the population - including malaria, HIV, and tuberculosis - and only a portion of these are transmittable. Apart from Mpox, vaccination efforts against other infectious diseases remain insufficient, with geographical coverage remaining low. According to the WHO, the lack of childhood immunisation in the DRC has reached alarming levels, with nearly 2 million children classified as zero-dose or under-immunised.

In times of emergencies, it is important to not only highlight the challenges in ensuring timely responses but also to examine the underlying causes of these issues. In the DRC, limited access to healthcare is influenced not only by geographical barriers or population density but also by the ongoing conflict. Insecurity, high population mobility, and resource exploitation are contributing factors to the spread of Mpox in the country, and they point to gaps in both governmental efforts and regional cooperation.

*Source: Russell Watkins/Department for International Development'.* *(https://shorturl.at/C142R)*

Root Causes and Systemic Failures

The underlying causes of conflict in the DRC contribute to various challenges affecting healthcare stability. For instance, displacement, food insecurity, and economic uncertainty can lead to behaviors such as transactional sex, which may increase the spread of diseases. Additionally, difficulties in establishing accountability among political actors can hinder efforts to strengthen community resilience. The country's high level of militarization has also contributed to local distrust of both internal and external actors, which may extend to healthcare and humanitarian personnel.

Effectively addressing the Mpox crisis requires a multifaceted approach. Beyond implementing measures to control the spread of the disease, integrating conflict resolution strategies into healthcare efforts is essential. To restore a system facing significant challenges and improve human rights protections in the DRC, a comprehensive reevaluation of societal issues is needed.

Although finding definitive solutions is highly complicated, there is a large space for improvement. For instance, involving the local population in the management and participation of health programs is essential. As proposed by Bashwira, Mihigo and Duclos from the Social Science in Humanitarian Action Platform (SSHAP), initiatives such as mapping conflicts and assessing organisational patterns could prove beneficial for larger-scale responsiveness.

Conclusions

Access to healthcare is a fundamental human right, and global accountability plays an important role in advocating for those with limited means to voice their needs. Promoting equitable healthcare access, while also addressing the socioeconomic factors that contribute to health disparities, is essential. Implementing community-led programs can help create sustainable solutions to the challenges faced by vulnerable populations. Collaborative efforts between local actors and international NGOs can support the delivery of essential services and resources.

In conclusion, the Mpox emergency is not solely a medical issue but is closely connected to broader societal challenges. Addressing it from a wider perspective can provide not only immediate health interventions but also contribute to reducing the underlying factors that increase population vulnerability. Through comprehensive efforts, there is potential to improve health outcomes for the Congolese people and uphold their fundamental rights.

August 10, 2024 — No Comments

Iran, the new “progressive” presidency and LGBTQ+ rights

by Ilaria Lorusso (Iran Team) in collaboration with the Human Rights Team

Introduction

Iranian elections following former president Raisi’s death in May 2024 were called rather abruptly for this July and resulted in the appointment of Massoud Pezeshkian. Considered a moderate candidate, he campaigned for his election maintaining progressive stances both in internal and external politics, promising more liberties and equal rights – especially with regards to women’s issues, animating the Women, Life, Freedom movement – on one hand, and advocating for a renewed nuclear deal and relations with Western countries, particularly the US, aimed at relieving the sanctions that have weakened the Islamic Republic to this day. His political positions fuel refurbished hope for social justice in Iran. However, the fact that he does not seem to want to openly disrupt the system in place after 1979 revolution, and the persistence of a conservative parliament and the absolute authority of Supreme Leader Khamenei dilute the expectations of most human rights advocates vis-à-vis the efforts possible to mitigate the oppression of traditionally marginalised groups. The LGBTQ+ community is notoriously part of the latter. Even if the new president has not exposed himself explicitly on this topic yet, this piece aims at retracing the treatment of LGBTQ+ rights in Iran, making evident above all the risks queer citizens undergo in the country in the current status quo.

Sharia and LGBTIQ+ rights

As an Islamic Republic after the 1979 revolution, Iran abides by the Shari'a system, following a strict interpretation of Islamic religious texts as a base for law norms¹. As such, already when it comes to heterosexual relationships, the 2013 Iranian Penal Code² condemns any form of sexual activity outside of a lawful marriage. Any extra-marital sexual relations, identified as zina, are illegal and subject to criminal sanctions.

Zooming in, homosexuality – particularly among men – is forbidden (haram) and considered a moral, physical, and psychological disorder, comparable to the heterosexual zina. Article 234-239 of the Penal Code shows that the death penalty is imposed on citizens accused of homosexual acts, particularly for those performing a “passive” role in the relationship. This, combined with the relative indulgence with which homosexuality between women is treated, reveals particularly the will to preserve a certain type of masculinity that Iranian men are supposed to perform³. Lashing, prison and fines are the alternative and almost always applied punishments associated with acts that fall into the interpretation of “sexual deviancy” – lesbian relationships and cross-dressing being among these. Besides legislation, then, the LGBTQ+ community is subject to state violence and police prosecution, with reported mass arrests and torture under custody, and queer activists imprisoned for threatening national security and production of “immoral content”.

LGBTQ+ community and the Iranian society

More importantly, because homotransphobia is widespread in Iranian society – up to 90% according to Equaldex’s 2022 findings⁴, discrimination then extends in every aspect of one’s personal and professional life, with limited access to housing, education, employment, judicial system and healthcare. Interestingly, The Islamic Republic of Iran offers limited subsidised support for gender confirmation surgery, hormone replacement therapy, and psychosocial counselling for trans people. This is due to the fact that the latter views are seen through the lens of gender identity disorders. This medicalisation has provided some legal recognition for trans individuals but has also reinforced the stigma that they suffer from psychological and sexual disorders and need treatment to become "normal"⁵. In a way, gender reaffirmation therapy is also perceived as a way to “correct” deviances related to non-heterosexual sexual orientations. Accordingly, trans individuals in Iran, whether recognised by the state, seeking recognition, or living without it, frequently face discrimination and abuse due to their gender identity, including hostile public attitudes, extreme violence, and the risk of arrest, detention, and prosecution.

*Photo by Sima Ghaffarzadeh: https://www.pexels.com/photo/crowd-of-people-protesting-on-street-holding-flags-and-posters-14136859/*

Queer activism, Mahsa Amini’s protests and the way forward

The 2022 national unrest related to the death of Mahsa Amini re-fueled not only women’s rights activists but also those belonging to the queer community. in custody for allegedly wearing her hijab improperly sparked nationwide protests in Iran, met with deadly force by the government. During the protests, young LGBTQ citizens openly defied the regime by removing their hijabs and displaying same-sex affection publicly⁶. Activists have also used pro-LGBTQ slogans and symbols, increasing visibility but also facing backlash, as the later overturned death sentence to queer activist Sareh Sedighi-Hamadani in that period exemplifies⁷. Clearly, this shows that queer liberation is to this day a pressing issue in Iranian civil society, and links back to the general discontent that especially younger generation has towards the post-revolution religious élite. Whether the new presidency will be able to appropriately take up the demands of these movements, remains an open question.

Rehman, J., & Polymenopoulou, E. (2013). Is green part of the rainbow: sharia, homosexuality, and LGBT rights in the Muslim world. Fordham International Law Journal, 37(1), 1-52. ↩︎
Center for Human Rights in Iran (2021, August). Fact Sheet: LGBTQ rights in Iran. https://iranhumanrights.org/wp-content/uploads/LGBTQ-Iran-Fact-Sheet.pdf ↩︎
Karimi, A., & Bayatrizi, Z. (2019). Dangerous positions: Male homosexuality in the new penal code of Iran. Punishment & Society, 21(4), 417-434. https://doi.org/10.1177/1462474518787465 ↩︎
https://www.equaldex.com/region/iran ↩︎
OutRight Action International (2016). Human Rights Report: Being Transgender in Iran. https://outrightinternational.org/our-work/human-rights-research/human-rights-report-being-transgender-iran ↩︎
Iran protests: LGBTQ community rises up (2023). BBC Website, April 19^th. https://www.bbc.com/news/world-middle-east-64864132 ↩︎
Good news: Sareh Sedighi-Hamadani’s death sentence overturned (2023). Amnesty International Australia Website, May 16^th.
https://www.amnesty.org.au/good-news-sareh-sedighi-hamadanis-death-sentence-overturned/ ↩︎

December 13, 2023 — No Comments

Human rights protection towards the increasing need of critical raw materials: the EU’s challenge

Author: Simona Sagone - Human Rights Team

Introduction

Critical raw materials are crucial for achieving the goals of the green transition, but their supply chain poses challenges. In fact, materials such as gallium, lithium, boron, titanium, and cobalt are and will be necessary for constructing green technologies, including solar panels, batteries, electric vehicles, and wind turbines, respectively. At the same time, this high priority creates problems for their supply, leading to a dramatic increase in demand, precarious supply, and the risk of potential future shortages. The establishment of value chains, including the extraction, refining, and processing of these materials, is also a sensitive issue concerning human rights in the territories where these activities take place, making it necessary to balance different needs in these contexts^[1].

In this sense, 2023 was a pivotal year for the EU: since the conflict in Ukraine started, it has become evident the EU's dependency on imports of raw materials for the climate transition and the importance of this supply in an increasingly complex and globalized environment. The European Union responded by proposing the Critical Raw Materials Act (CRMA), relying on bilateral Strategic Partnerships to ensure diversified and advantageous reciprocal supply terms, preventing new dependencies in the future. On this matter, the EU has already initiated political dialogues with several countries to create mutually beneficial agreements^[2].

The EU’s supply: the Critical Raw Materials Act

According to the Critical Raw Materials Act, strategic partnerships should adapt to the features of the supplier country, especially if it has unstable governance, lacks protection of citizens' human rights, and has precarious sustainable development policies. The discrepancy in values is also a key issue in the supply of critical raw materials: although strategic partnerships with countries sharing similar values to the EU are the best way to secure access to them, they cover only a small part of the supply since many of the world's richest sources are in emerging markets and developing economies. Recent data indicate that supply is largely dependent on countries with a low level of governance, taking into account factors such as political stability, rule of law, and control of corruption. One example is the Democratic Republic of Congo, whose governance indicators rank among the lowest in the world and with whom the EU aims to conclude an agreement by the end of 2023. The country supplies 63% of the EU's cobalt, essential for the production of batteries for electric vehicles^[3].

Many countries potentially supplying the EU raise concerns about the effects on local communities and the possible exploitation of natural resources, as they are not in line with European ideals. Theoretically, the same draft regulation stipulates that strategic EU projects to increase supply should be evaluated considering all aspects of sustainability, including respect for human and labor rights, and specifically, the rights of women and children. However, the mining, refining, and processing of minerals have a long track record of human rights abuses, taking various forms such as discrimination of vulnerable groups, lack of stakeholder inclusion and respect for indigenous peoples, human rights abuse, and impact on cultural and aesthetic resources. In addition to the mentioned issues, the mining sector in developing countries is characterized by a high degree of informality and small-scale/artisanal extraction.

*Source: https://it.freepik.com/foto-gratuito/campi-di-parchi-eolici_20082585.htm#query=pale%20eoliche&position=7&from_view=search&track=ais&uuid=c5349af6-71bb-4c75-b4e3-81904f544971*

Which risks for human rights?

To prevent human rights violations, the European Union must document potential risks to the human rights of indigenous populations and local communities, recognizing their right to free, informed, and consented mining operations. The growing awareness of human rights and environmental risks in mining approval processes has led to the proliferation of voluntary audit and certification initiatives. These initiatives aim to assess and certify businesses' respect for human rights and the environment by confirming adherence to voluntary standards. While some projects concentrate on auditing the sourcing practices of businesses that purchase raw materials, others perform on-the-ground audits of mines and other facilities in mineral supply chains. Several initiatives do both. The Critical Raw Materials Act relies on audits and certifications to determine whether new mining, refining, and other projects are sufficiently sustainable to warrant government support. However, research has shown that third-party audits have inherent limitations: voluntary initiatives frequently lack the detailed criteria and rigorous methodology required to accurately assess an organization's compliance with human rights or environmental standards^[4]. This means that standards are often developed by mining companies and industrial groups and do not require adequate participation from labor unions, communities, or non-governmental organizations. Furthermore, as voluntary initiatives, many businesses do not reduce any kind of sustainability ratio^[5].

In terms of the partnerships with resource-rich countries, these should be based on domestic business processes, supporting national production and transformation industries to add value at the local level. In this regard, it could be helpful to involve environmental organizations and human rights organisations as tools to track the effectiveness of strategic partnerships and assess their impact not only for the European Union but also for third-party countries.

Conclusion

In light of the different strategies that the EU intends to pursue in concluding and developing bilateral strategic partnerships, it is still unclear which policies can effectively ensure that extractive activities are in harmony with the sustainable development needs of partner countries. These needs are particularly felt in the creation of supply chains that entail significant environmental and human rights risks, especially in developing countries. Finally, it should be considered that the protection of human rights should be a key factor for a just climate transition.

^[1] European Commission, Critical Raw Materials: ensuring secure and sustainable supply chains for EU's green and digital future, Brussels, 2023.

^[2] European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020, Brussels, 2023.

^[3] https://it.euronews.com/my-europe/2023/09/28/lue-deve-chiudere-accordi-commerciali-per-le-materie-prime-dice-thierry-breton.

^[4] https://asvis.it/notizie/2-17726/lestrazione-di-materie-prime-critiche-puo-diventare-sostenibile

^[5] https://altreconomia.it/che-cosa-non-va-nella-strategia-europea-sulle-materie-prime-critiche/

August 4, 2023 — No Comments

Dr. Sergii Masol on international criminal law in the context of the Russo-Ukrainian war

In this podcast episode, Dr. Sergii Masol talks about the ongoing violation of human rights in Ukraine from the perspective of the law. This small, but informative, talk covers the nature of human rights and international criminal law; the Ukranian Conflict; and the legal status of mercenary groups (e.g. Wagner Group).

Dr. Sergii Masol is Humboldt postdoctoral research fellow at the University of Cologne. Sergii obtained his doctorate in law from the European University Institute in Florence, where he also worked as a research assistant.

Interviewer: Vittoria Brunazzo - Human Rights Team

February 20, 2023 — No Comments

Diletta Huyskes interviewed on AI and Human Rights

Diletta Huyskes, Head of Advocacy in Privacy Network, talks about the latest developments regarding Artificial Intelligence. In particular, this episode deals with the challenges that AI poses to the protection of Human Rights and how this issue is tackled in the upcoming AI Act.

Interviewers: Ilaria Lorusso and Luca Mattei

November 21, 2022 — No Comments

Artificial Intelligence in the World of Art: A Human Rights Dilemma

Author: Maria Makurat.

Artificial Intelligence or “AI” is already being widely used for various purposes whether it be in analysing marketing trends, modern warfare or as of recently: reproducing artwork. Around 2021 and up till now, various articles have been released discussing the issue of AI being developed to reproduce an artist’s style and even recreate new artwork and therefore bringing up ethical issue of whether artists are in danger of losing their copyright claim on their own work. Whilst this issue is very new and one cannot say for sure where this development is going and whether one should be concerned in the first place. This article explains the recent debate and issues that are being addressed while drawing upon classical AI theory from warfare and highlighting possible suggestions.

Artificial intelligence not only in the military realm

“In April this year, the company announced DALL-E 2, which can generate photos, illustrations, and paintings that look like they were produced by human artists. This July OpenAI announced that DALL-E would be made available to anyone to use and said that images could be used for commercial purposes.”

An article by Wired “Algorithms Can Now Mimic Any Artist. Some Artists Hate It,” discusses how an AI called “DALL- E 2” can reproduce an artist’s style and make new photos, digital art and paintings. In theory anyone can use the programme to mimic another artist, or artists can sue it to make new art based on their old work. This of course brings many issues to light such as whether one can put a copyright on an art style (as is also discussed in the article), what exactly one wants to achieve with using AI to recreate more art and how this will be discussed in the future if indeed art work will be stolen. An earlier article by the Los Angeles Times from 2020 “Edison, Morse ... Watson? Artificial intelligence poses test of who’s an inventor,” already addressed this issue by discussing who is exactly the “inventor” when AI can develop for instance computer games and other inventions. It is true that a human being must develop the AI programme however, can that person also then be called the inventor if that said programme develops own ideas and perhaps own artwork? In relation to the general debate, one should consider “The Universal Declaration of Human Rights” Article 27: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

Some recent debate centres not only around whether it is a question of the “ethics” in artificial intelligence but going one step back to understand the term “intelligence”. Joanna J Bryson writes: “Intelligence is the capacity to do the right thing at the right time. It is the ability to respond to the opportunities and challenges presented by context.”^[i] Whilst the authors consider AI in relation to law, they do point out that: “Artificial intelligence only occurs by and with design. Thus, AI is only produced intentionally, for a purpose, by one or more member of the human society.”^[ii] Joanna further discusses that the word artificial means that something has been made by humans and therefore again brings up a key concept in AI of whether the human or the programme is responsible.^[iii] When we consider this in relation to human rights issues and ethics, it may be true that AI in the world of art can be produced with a purpose by humans, but it remains the problematic issue of what the purpose is. We need the clear outline of why this AI programme has been made in the art world and for what purpose in order to then be able to answer further questions.

It has been pointed out that one should consider this development as nothing new since AI has been already used in the 1950s and 1960s to generate certain patterns and shapes. It is seen by many as a tool that helps the artists in these areas to work faster and be more precise however, it’s been debated that one should not be worried at all that the AI can replace humans since it lacks the human touch in the first place. This remains to be seen how far the AI can learn and adapt since it is programmed that way. If one should not be concerned by AI replacing human artists, then why is the debate happening in the first place?

The continues need for clearer definitions

It is not only a matter of the AI replicating art, but how we can define whether the system has crossed the line of copyright infringement: “(…) lawsuits claiming infringement are unlikely to succeed, because while a piece of art may be protected by copyright, an artistic style cannot.” This only shows again that one needs to quickly define more clearly what is an “artistic style”, “artwork” in relation to how AI would be even allowed to replicate the style.

One can draw a comparison to AI in warfare with debates concerning following themes: responsibility gap, moral offloading and taking humans out of the loop (discussed by scholars such as Horowitz, Asaro, Krischnan and Schwarz). Keith argues for example that psychological analyses show that we suffer from cognitive bias and that AI (in terms of military defence) will change our decision-making process.^[iv] If we use the example of drone warfare and the campaign “Stop Autonomous Weapons”, it depicts how drones can be used without directly sending humans into battle and shows the system getting out of hand and people distancing themselves from responsibility. Such type of warfare has an impact on the decision-making process, distancing the soldiers and strategists from the battle field. With of course taking into mind that using an AI in the art world does not involve possible casualties, one still can consider how we have a similar distancing from responsibility and moral offloading. It comes back to the recurring issues of who is responsible if an AI system decides by itself which choices to make, how to make them and determine the output. There are no humans involved during the process of making or “replicating” the art pieces however, there was an individual present during the development of the AI – I would like to call it a problematic ethical circle of debate in the art world.

Even though the idea of using AI to copy an art style or artworks altogether is quite new and perhaps even undeveloped, one should consider more strongly certain methods in order to bring a certain control and a managing system into the game. Nick Bostrom for instance discusses what a superintelligence in relation to AI would entail saying that one would need certain incentive methods in order for the AI to learn and adapt to the human society: “Capability control through social integration and balance of power relies upon diffuse social forces rewarding and penalizing the AI. (…) A better alternative might be to combine the incentive method with the use of motivation selection to give the AI a final goal that makes it easier to control.”^[v]

Conclusion

It is not only problematic for the art world that an AI is able to copy any artist’s style -it is concerning how much further this development could go in terms of taking an artist’s style and creating an entire new series and diluting therefore the line between where the old and fictional artist lies. As has also already pointed out by others then need for better definitions however it needs to be stressed more strongly: one needs clearer definitions of who is an “artist”, “inventor”, “digital artist” when AI enters the discussion and is apparently here to stay. One needs to make a clear distinction between a human artist and a ‘programme artist (AI)’. Can an artist call himself artist when he or she uses AI to produce art? All these questions should be discussed further in the near future since it seems to be the case that AI has entered the art realm and will continue to stay playing maybe a larger role in the future perhaps even with the development of the Meta verse.

^[i] Markus Dirk Dubber, Frank Pasquale, Sunit Das, (2020) The Oxford Handbook of Ethics of AI Oxford handbooks. Oxford: Oxford University Press, pp. 4

^[ii] Ibid, pp. 6.

^[iii] Ibid, pp. 5

^[iv] Keith, Dear, “Artificial intelligence and decision making,” pp. 18.

^[v] Bostrom, Nick, “Superintelligence: Paths, Dangers, Strategies,” pp. 132.

October 31, 2022 — No Comments

The Right to Clean Water: Thoughts in sight of the Environmental Crisis

Analysis on the right to clean water and how climate change could be dangerous in securing enough resources.

July 8, 2022 — No Comments

Marco Bocchese on International Law in terms of Russia-Ukraine War

Marco Bocchese is a Professor of international law and international relations at the Webster University in Vienna. He talks about international justice that might be applicable in the Russian-Ukrainian War and the consequences for human rights violations human trafficking and Russian criminal actions towards Ukraine.

Interviewing Team: Igor Shchebetun and Greta Bordin.

June 8, 2022 — No Comments

Analysis of the nexus between Human Trafficking and Terrorism.

Author: Arianna Caggiano.

This is a critical commentary of the research paper launched by the OSCE Organization: Trafficking in Human Beings and Terrorism. Where and How They Intersect: Analysis and Recommendations for More Effective Policy Response.

Human Trafficking as a tactic of terrorist groups

Over the years, human trafficking has increasingly become a modus operandi used by terrorist groups to finance and carry out their activities. To this extent, as human trafficking constitutes a crime that is usually perpetrated by organized criminal groups, some scholars have stressed that the “crime-terror nexus” implies that both criminal and terrorist organizations might cooperate with each other in the furtherance of their respective goals. Despite the increasing use of organised crime-related tactics deployed by terrorists, in analysing the current legal framework in international law when it comes to trafficking in human beings and terrorism there is still no existing treaty or convention dealing with the nexus between the two phenomena. On the basis of the OSCE paper launched in 2021 on the nexus between human trafficking and terrorism, this article will try to critically evaluate from a juridical and legal point of view the analysis and findings developed by the OSCE on this matter.

Comparing Legal and Policy Frameworks of Anti-Trafficking and anti-terrorism Mechanisms

When it comes to the definition of the human trafficking’s legal framework, it is worth emphasizing that it was not until 2000 that a first definition of trafficking in human beings was given in the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, better known as the Palermo Protocol. The adoption of the Protocol can be considered as a watershed moment for the legal framework of human trafficking: as of today, it counts 173 signatory States and it can be defined, thus, as almost a universal ratification. A further key role in combating human trafficking is played by regional trafficking treaties, which complement the obligations upon signatory States, especially with reference to victims’ protection. Indeed, as stressed by the OSCE research, a major principle guiding anti-trafficking legislations and policies is the principle of non-punishment of victims of trafficking, according to which Member States are obliged to «assess the individual situation of persons released from the captivity of armed and terrorist groups so as to enable prompt identification of victims of trafficking».

On the other hand, the international legal framework related to terrorism and counterterrorism is considerably more challenging and complex in comparison to the anti-trafficking international legal system. Indeed, despite the existence of a set of treaties, protocols, conventions, Security Council Resolutions, as well as “soft law” and non-binding mechanisms, there is no comprehensive instrument providing a universal and accepted definition of terrorism, as it is the case for human trafficking with the Palermo Protocol.

In analysing the nexus between these two phenomena, it is of utmost importance to emphasize the constituent elements of trafficking used as a tactic by terrorist groups. Pursuant art. 3 of the Palermo Protocol, «Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force […] to achieve the consent of a person having control over another person, for the purpose of exploitation. […]». This very intense definition provided by the Protocol, shows three main constituent elements of human trafficking: action, means and purpose.

Therefore, as the OSCE outlines, in evaluating the link between trafficking in human beings and terrorism from a legal perspective, a useful approach would be one that analyses these three constituent elements when exploited by terrorist groups as a tactic to recruit individuals. In this regard, the analysis of the current legal framework on the nexus between the two crimes shows that a harmonisation in the criminalization of terrorism and human trafficking as two offences connected has not been reached yet. Indeed, despite the existence of several instruments that recognize the growing links between terrorism and transnational organized crime, the lack of a definition of terrorism still hinders the internationally community to adopt an internationally agreed-upon approach to terrorism matters, while it is not the case for human trafficking.

The legal response that has been adopted so far to address cases where the two phenomena intersects has largely focused on criminalizing all individuals related to terrorist activities and groups. The lack of a definition of terrorism has led States to adopt different measures aimed at only criminalizing terrorists and not identifying and protecting victims. Therefore, as highlighted in the research, this approach has showed to have significant consequences for victims, who have risked being held fully accountable for all the crimes they have committed, even though they are victims of human traffickers. Based on these findings, the OSCE research concludes that a human trafficking lens when dealing with terrorist criminal offences should be applied to contribute to victim identification, assistance, rehabilitation and reintegration, and prevention of re-victimization. Therefore, it would be of utmost importance to apply the principle of non-punishment - that already exists in the human trafficking framework – in the anti-terrorism existing legal and policy mechanism.

Conclusion

This critical commentary has analysed from a legal perspective the comprehensive research carried out by the OSCE organization on the nexus between human trafficking and terrorism. It has highlighted how the application of anti-trafficking mechanisms, including the principle of non-punishment, in the context of terrorism could help leading in a better way prosecution of criminal offences related to terrorism. The OSCE research might constitute the basis for an international and agreed-upon definition that considers both a security-oriented approach to prevent and prosecute terrorist offences and a human rights-based one, ensuring that victims of terrorism – and trafficked persons exploited by terrorists – are not held accountable and can access to their rights.

All in all, the OSCE research offers significant food for thought and, using concrete cases, helps filling the knowledge gap of policy makers, academics, practitioners, and legislators on the nexus between human trafficking and terrorism.

March 13, 2022 — No Comments

The Right to Adequate Food

By: Diletta Cosco.

The right to adequate food was firstly recognized in article 25 of the Universal Declaration of human rights in 1948, as well in the American Declaration of the Rights and Duties of Man the same year; It then became a “legal entitlement”, “codified in article 11” of the International Covenant on Economic, Social and Cultural Rights. Currently, 163 countries have ratified this convention, yet the right to food needs further practice both nationally and internationally. Since the 1948, especially after the recognition of the right to food into the two declarations mentioned above, the importance of this human right has captured further attention and it has been recognized in other several declarations and treaties.

The right to food is a basic human right protected under international human rights and humanitarian law and is recognized directly or indirectly by virtually all countries in the world through article 25.1 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights.

Food is considered as part of the right to health and well-being and an important need for a proper “standard of living, health and well-being of people”. The right to food is interconnected with other human rights as well; in fact, the lack of enjoyment of this right excludes the proper enjoyment of “life, dignity or the enjoyment of other human rights”.

The Committee of Economic, Social and Cultural rights adopted a document which defines the definition of the right to food. According to the meaning given, the right to food involves a quantity and quality that should be good enough to allow an individual to fulfil the necessary dietary needs. The right to food implies also a nutrition that is aligned according the culture of a certain individual. The Committee also established a violation of human rights whether a state does not fulfil the right to food to its citizens. The interest to adopt a human right based approach towards the end of hunger constitutes now a core mission in the United Nations (UN) policies which focus in parallel towards the development and fulfilment of human rights. The UN Millennium Development Goals, precisely in the sustainable Goal number 2, encourage states to commit to the guarantee of food to its citizenships and the end of hunger by 2030. The right to food usually requires government’s accountability mainly, but also other international and national actors such as the inter-governmental organizations are doing their parts towards the fulfilment of right to food; although, states play the most crucial role in the fulfilment of right to food. In fact, “states are duty-bearers, while people are right-holders”.Specifically, states are responsible to ensure this right is fulfilled when an agreement, treaties or declaration is signed; this means that states have signed to take part to the compliment of the right to food and consequently adequate legislations are required as well. In fact, states have the primary role to “respect, protect and fulfil” the right to food; conventions, declarations and treaties are necessary but additional instruments are fundamental to facilitate its implementation. Integrating this right into a country’s constitution is the first and most important step to ensure its fulfilment and it represents the greatest commitment that a country can have. Embedding this right into the Constitution would give long-term protection to the right itself and any law found in contrast with the right to food would be submitted for review, as laws that are in contradiction with the right to food are considered unconstitutional. In the case of South America and the Caribbean region, 15 countries have officially included the right to food into their constitution. Even though, Bolivia, Brazil, Cuba and Mexico are the only countries which recognize the right to food for all people, indistinctively. Countries in Latin America and the Caribbeans are a good example of commitment of ending hunger through the manifestation of various declarations about the right to food. A practical commitment should take place through the implementation of this basic human rights into their legislation as well. However, the recognition in constitutions itself is not enough but can be considered as a fair starting point towards the achievement of this objective; laws and legal framework are likewise necessary, cooperation between several actors at national and international level is fundamental as well.

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