Africa – UAB Institute for Human Rights Blog

Child Marriage in Niger: A Deep-Rooted Crisis and the Path Forward

Map of Niger — Image 1: Map pointing to Niger. Source: Yahoo! Images

Overview 

Niger has the highest frequency of child marriage globally, with 76% of girls getting married before turning 18 and 28% married by the age of 15. The health, education, and opportunities for girls are all significantly impacted by this prevalent practice. Although the problem is sustained by cultural customs, financial constraints, and gender norms, initiatives by regional authorities, global organizations, and civic leaders are encouraging hope for change. The causes, effects, and strategies for ending child marriage in Niger will all be covered in this piece. 

Understanding the Root Causes of Child Marriage 

Poverty and Financial Pressures 

One of the primary causes of child marriage in Niger is economic hardship. Many families struggle to support their children while living in poverty. In these situations, marrying girls at an early age often seems like a sensible solution. To help with their immediate financial burdens, families may get dowries or other financial benefits. However, young brides are often denied access to education, reducing their future earning potential; this exchange keeps females trapped in poverty cycles. 

Cultural and Social Norms 

Child marriage is mainly influenced by cultural customs and societal standards. Early marriage is viewed as a way to maintain family honor in many communities. In an effort to preserve their virginity and avoid premarital pregnancies, which might shame their family, girls tend to get married before they experience their first menstrual cycle.
These societal standards usually limit women’s duties to that of mother and wife, which deters people from funding their education. 

Limited Access to Education 

One of the most effective ways to prevent child marriage is through education, yet many Nigerien girls still lack access to it. There are often no schools in rural areas, and cultural norms favor boys’ education. Families who believe that females’ primary job is in the home may consider education unimportant, even in cases where it is available. This restricted access perpetuates early marriage and poverty cycles. 

The Harsh Consequences of Child Marriage 

Health and Maternal Mortality 

There are serious health risks for child brides, especially during pregnancy and childbirth. Adolescent pregnancies and early marriages are directly associated with Niger’s high maternal death rate. Due to their underdeveloped bodies, girls are more susceptible to complications, including obstetric fistulas and even death. Health issues not only endanger young moms but also affect their children, who have a higher likelihood of experiencing newborn complications and mortality. 

Psychological Impact 

Equally important are the psychological repercussions of child marriage. Many child brides suffer from depression, anxiety, and loneliness. They miss opportunities for personal growth and lack autonomy in their relationships because they are forced to leave their childhoods behind. These girls frequently experience abusive relationships, which adds to their trauma. 

Economic Disempowerment 

Economic disempowerment cycles are perpetuated by child marriage.  Girls who marry at a young age often abandon their education, limiting their access to jobs and financial independence. Leaving abusive or exploitative situations can be very challenging. As a result, this cycle continues, making their children more likely to experience poverty. 

Ongoing Efforts to End Child Marriage 

Governmental and Legislative Measures 

In accordance with global commitments, such as the Sustainable Development Goals (SDGs), the Nigerian government has taken action to combat child marriage. The legal marriage age has been raised to 18 by legislative reforms, but enforcement is inconsistent because customary law is still so prevalent. The government has adopted policies to enhance girls’ access to education and healthcare, recognizing these as essential elements of its national development plans. 

Community-Based Interventions 

Local leaders, including religious and traditional figures, play a crucial role in the fight against child marriage. Programs that engage these leaders help challenge and change the cultural norms that support this practice. Awareness campaigns and community discussions highlight the importance of education for girls and the health risks associated with child marriage. 

Education and Empowerment Initiatives 

Education is central to eliminating child marriage. Organizations working in Niger have implemented life skills programs to empower girls, providing them with knowledge and confidence to make informed decisions about their futures.  Additionally, initiatives to make schools safer and more accessible encourage families to prioritize their daughters’ education over early marriage. 

Economic Support Programs 

To address the economic causes of child marriage, families need financial support. Programs that provide financial aid or micro-loans lessen the pressure on daughters to marry young. By supporting families to reach financial stability, these programs allow them to invest in their children’s education and long-term welfare. 

Challenges and Future Directions 

Even with improvements, there are still major obstacles.  Laws against child marriage are not strictly enforced, especially in rural areas where customs predominate. The ongoing commitment to conventional values held by many families and community leaders undermines legal reforms. Change is also still hindered by economic disparity and restricted access to high-quality education. A comprehensive strategy is required to effectively combat child marriage. This includes: 

-Strengthening Law Enforcement: It is essential to ensure that laws against child marriage are continually enforced, especially in remote areas. To effectively handle situations of child marriage, local authorities and court officials must undergo training. 

– Expanding Educational Access: Education infrastructure should be invested in, especially in rural areas. Offering financial aid and other incentives may encourage parents to continue sending their girls to school. 

– Empowering Girls: Girls can oppose early marriages and fight for their futures with the support of empowerment programs that enhance their self-esteem and awareness of their rights. 

– Economic Development: The financial strains that lead to child marriage can be lessened by increasing family livelihood opportunities. Potential channels for economic development include agricultural assistance, small business grants, and vocational training. 

– Community Engagement: Local communities must support sustainable change. To alter societal norms, it is necessary to educate the public and engage religious and traditional authorities in the fight against child marriage. 

Path Forward 

In Niger, child marriage is a complex problem with roots in gender disparity, cultural customs, and poverty. In addition to devastating the lives of innumerable girls, the practice hinders the nation’s larger goals for development. Reform can occur through the collaborative efforts of local communities, international organizations, and the Nigerian government. Niger can end child marriage and provide a better future for its girls through offering economic assistance, education, and empowerment. Every action—whether it’s a family deciding to support their daughter’s goals, a community leader pushing for change, or a girl reclaiming her right to an education—brings the nation one step closer to this critical milestone. 

The Human Rights Concerns of Migration into North Africa

The human rights violations noted against Sub-Saharan African migrants have been increasing exponentially across North Africa, specifically in Tunisia. Tunisia is a transit country for many migrants to reach Europe, being the most significant departure point for migrants crossing the Mediterranean; the physical actions against migrants and the political bias have inherently made it difficult for many different communities to continue their journey.

History of Sub-Saharan Immigration

Photo 1: Photo of a refugee camp.Source: Flickr — Photo 1: Photo of a refugee camp.
Source: Flickr

For hundreds of years, people have migrated from Sub-Saharan Africa to Northern Africa; in 2020, it was estimated that 61 percent of migrants into North Africa were from Africa. Tunisia has been a key destination because it is relatively stable both socioeconomically and politically. Irregular migration into the country has been pertinent since the early 1990s. However, a surge in migration was observed in 2011, when over 27,000 migrants were intercepted in Tunisia with plans to continue to Europe. A similar spike was noted in early 2020, with over 35,000 migrants intercepted when departing from the country. These values tell the story of those who were intercepted by the government and do not account for those who weren’t able to complete their journey beyond Tunisia.

Largely, migrants from Sub-Saharan Africa are males who have taken the step into a new journey to hopefully promise a better life for their families; these individuals are quite young, being anywhere from 18 to 35 years old. Generally, there are varying reasons why people migrate to Tunisia; data collected in 2018 suggests that 52% of migrants emigrated for economic reasons, 22 percent migrated to study, and 25 percent are potential victims of human trafficking. All of these come via different routes; though land routes are quite popular, an overwhelming majority of migrants from Sub-Saharan Africa come by air travel, leveraging visa-on-arrival opportunities. As these are often three-month tourist visas, many overstay the visa to work in different fields ranging from tourism to hospitality to construction. Beyond those visas, other avenues are explored by migrants to enter Tunisia; one is that of human-smuggling networks. These networks are oftentimes characterized by two-fold movements: into Tunisia via land and then outside of Tunisia via maritime routes. For those without passports, many individuals pay hundreds of dollars to get to North Africa.

Drivers of Migration

When faced with difficulties, many people seek out-migration as an avenue to explore. One reason why migration into Tunisia has increased is economic burdens. The World Bank has estimated that youth unemployment in Sub-Saharan Africa is around 10.2 percent. This has resulted in many youths moving to North Africa to seek out new opportunities.

Another factor is environmental factors. With increased burdens associated with climate change, such as increased temperatures and deteriorating soil quality, it is observed as a driver, as well. By 2025, Sub-Saharan Africa could see as many as 86 million climate migrants; though this number is represented by a value of internal and external migration, this has been a force that has impacted current migration patterns into Tunisia.

Domestic Concerns

To respond to the increased migration, the Tunisian government has had a unique role in the development of action. While Tunisia has been vocal about human rights and has demonstrated international support, the application of their signatures often falls short.

Raids and arrests, outlining attacks against human rights, have been increasing significantly. This, coupled with improper immigration-specialized facilities, has resulted in many people not being treated fairly. These centers have not met international standards, according to international observers like OMCT (World Organization Against Torture), due to inadequate sanitary conditions and poor infrastructure. To respond to these abuses and oversight, the government of Tunisia established the National Authority for the Prevention of Torture, which has unfortunately faced limited access to detention centers, further allowing continuous attacks against the human rights of those in detainment.

Human Right Abuses

Different abuses have been noted against Sub-Saharan migrants in Tunisia. Physical violence has been most prominent during arrests, raids, and detainment. Over 85 percent of Black Africans had reported violence from these security forces. These abuses have been conducted by police, the National Guard, and many other entities.

Medical abuse is also quite prominent as well, especially for those in detention facilities. Many migrants are uneducated about the nuances of Tunisian healthcare in the country and their access rights. This results in inaccurate information being more accessible than a healthcare professional. Within the conversation of accessing healthcare, there is a unique level of pressure put on female migrants; though there are not as many women who migrate to Tunisia, those who do face challenges ranging from building rapport with the health system, accessing insurance information for prenatal care, and navigating social implications of feminine care.

Mental health is also a huge issue for many migrants in Tunisia; an overwhelming 47 percent of migrants experience depression, 10 percent experience adaptation stress, and 9 percent experience PTSD (Post Traumatic Stress Disorder). These, coupled with the general stress of migration and the expectation to reach Europe, can have overwhelming effects on their mental health. Without the resources necessary to treat it, they are left even more vulnerable than when they came.

Economic exploitation is another abuse noted against Sub-Saharan African Migrants in Tunisia. 35% of migrant workers experience poor working conditions, many of whom eventually change jobs for a plethora of reasons ranging from exploitation, which is the most frequent incident, to violence to harassment. As many of these workers participate in the informal economy, as young people generally make up 32 percent of the informal sector, they are not equally as protected compared to those who are in the formal sector.

When looking at the abuses against communities, it is integral that international communities advocate against these injustices and work to support vulnerable communities like migrant ones. Without checks and balances, support is limited for these communities, allowing systematic discrimination to take precedence.

Civil War in Sudan: What is Happening and How to Help

none — Image 1. Sudan Civil War Refugee Holding up Sudan’s Flag. Source: Yahoo Images.

After claiming over 20,000 lives, the civil war in Sudan rages on due to the deadlock position of the opposing sides. The conflict began in April of 2023 and is now coming up on two years of fighting, displacement, and destruction in the region. Nearly 8.2 million civilians have been displaced, and about 46,700 people were forced to leave within the span of a week, October 20-27. As families seek safety in other locations, some face challenges such as hunger, violence, and lack of medical aid. Those who remain face severe threats, including potential sexual assault and fear for their life. The situation grows more precarious as the Sudanese Armed Forces (SAF), led by General Abdel Fattah al-Burhan, and the Rapid Support Forces (RSF), a paramilitary group led by General Mohamed Hamdan Dagalo, commonly known as “Hemedti” remain resistant to negotiations. Waiting for ceasefire operations to take place is not a realistic option. Sudanese people need protection now. International humanitarian law requires governments to take on the responsibility of protecting their citizens. It is time to respond to the humanitarian crisis occurring in Sudan.

Political Context Behind the Civil War

The tendrils of political unrest had been growing in Sudan for many years, but the catalyst event for the war took place in April of 2019 when the military coup deposed the president of 30 years. President Omar al-Bashir was arrested and forced from power in a military coup led by SAF and RSF forces after decades of government power. It began with protests spreading across the country demanding his removal due to his influence in the Darfur ethnic cleansing and the secession of South Sudan. The International Criminal Court has charged al-Bashir with five counts of crimes against humanity and two counts of war crimes. The corruption, mass-killing, and humanitarian issues were significant factors behind the military coup of 2019. Afterward, the SAF, RSF and civilian political leaders were faced with the question of how to integrate the RSF into the SAF, and who would assume leadership of the newly consolidated government. Negotiations to resolve the issue petered off and violence quickly became the deciding factor. These two military factions, SAF and RSF, were battling for control, which led to the current civil war taking place in Sudan.

Consequences of War

Since the coup in 2019, an unprecedented form of fighting has occurred in Sudan. During previous civil wars, the government was fighting rebel groups. In this case, RSF is a legal paramilitary force at war with SAF another military organization. As war spreads across the country, the civilian death toll rises and the lives at risk continue to climb. Civilians are still subjected to torture and summary executions, while women and girls endure widespread sexual violence. The conflict has decimated the country’s healthcare system further exacerbating the situation. More than 70 percent of health facilities are currently non-functional due to looting, occupation, or destruction. Healthcare workers are unable to provide aid to victims of the conflict because they lack resources and pay. Many basic services such as access to food, safe drinking water, and a clean and healthy environment, have been reduced. High rates of malnutrition coupled with low levels of immunization have resulted in catastrophic impacts, particularly for children. Disease outbreaks will continue to spread without proper healthcare infrastructure.

The geographic disposition of Sudan has compounded the effects of the civil war with almost 600,000 people affected by heavy rains and flooding across the country. According to the Sudan Floods Dashboard, this has resulted in an estimated 180,835 people have been displaced, 97 people have been killed, and 124,196 households have been destroyed. Flooding has intensified food insecurity, especially in areas where an estimated 230,700 people are at high risk of famine. These communities have been devastated by the recent severe weather, exacerbating an already critical situation. The civil war in Sudan has left millions suffering, large populations forced to leave, and much of Sudan cut off from humanitarian assistance.

Need for Resolution

The Sudanese Civil War has plunged the country into devasting turmoil. The two sides fighting, the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), have no intention to stop anytime soon. Multiple efforts toward a U.N.-brokered humanitarian cease-fire only yielded partial success. In March of this year, the UN Security Council (UNSC) passed a resolution calling for an immediate cessation of violence in Sudan, but the resolution did not succeed. Initiatives like the Emergency Response Rooms, the Sudanese American Public Affairs Association, mutual-aid networks, and other civil society organizations have been highly active on the ground, courageously working despite immense danger. However, their numbers have dwindled as Sudan’s persistent violence continues to take a toll.

Without cooperative intervention, the crisis will only continue to escalate, leading to more lives lost and the future of hope distant. As a part of the international community, we must play a more active role in mediating the conflict and supporting peace efforts in Sudan. A peaceful resolution to the Sudanese Civil War is not only essential for the stability of Sudan but is also a humanitarian imperative. The brutality of the conflict—marked by widespread torture, summary executions, and pervasive sexual violence— is a clear violation of the Universal Declaration of Human Rights. Donating to institutions like the International Rescue Committee can help support an integrated water, sanitation and hygiene (WASH) program, child protection services and support for women and girls, including services for survivors of gender-based violence (GBV), health and nutrition services provided through static health facilities, and livelihood assistance through multi-purpose cash aid to internally displaced persons and members of the communities that host them. Together we can call for an end to the civil unrest in Sudan. Raising awareness about the crisis in Sudan is essential to mobilize support and resources for those affected. Using social media to repost advocacy organizations such as the Carter Center, the Sudan Relief Fund, and Mercy Corps International Sudan is a great way to use the platform to advocate for Sudan. As members of a global community, it is our moral obligation to ensure that Sudan can rebuild and move toward a future of peace and prosperity.

The Eradication of Malaria in Egypt: A Triumph for Public Health and Human Rights

When thinking about malaria, we tend to forget its impact across the world. Especially living in the global north, my experience with malaria has been restricted to my coursework; however, the reality of the disease is that it exists and poses a prominent issue in many countries across the world. The illness, spread by a mosquito vector, had over 247 million cases in 2021; this spanned across many regions worldwide, primarily impacting Africa.

In recent years, the WHO (World Health Organization) has worked in many different countries to eradicate malaria and has successfully done so with their WHO Guidelines for Malaria. An example of these guidelines being successful is Algeria, which reported its last case in 2013. However, a recent accomplishment in the world of malaria has been noted, which is the eradication of the disease in Egypt. For decades, Egypt had struggled with the disease and the associated outcomes.

Image 1: Receipt of malaria-free certification in WHO Eastern Mediterranean Region.Source: WHO — Image 1: Receipt of malaria-free certification in WHO Eastern Mediterranean Region. Source: WHO

Malaria’s History in Egypt

The nature of Egypt had made it susceptible to the fruition of the illness. Historically, the disease was tested around the Nile Delta and Upper Egypt, tracing back to 4000 B.C.E. As most of the population was concentrated in these areas, it led to the development of disease impacting millions of individuals. In recent history, the illness has contributed to the fragility of the country, ranging from increased economic losses, inflated healthcare costs, and decreased labor productivity.

The first ever effort to control malaria can be dated to 1950, with the introduction of dichloro-diphenyl-trichloroethane (DDT). This initial intervention was an insecticide that was used to help not only reduce the mosquito population but also address the development of typhus and other insect-borne diseases. However, this intervention resulted in some resistance amongst the community and additional environmental concerns; as of 2001, the intervention was observed as a possible human carcinogen and has since been banned in Egyptian agriculture.

In 1969, the creation of the Aswan Dam posed a new risk for the development of disease, all of which resulted in the need for new interventions. With additional adjustments to the approach against malaria, in the 1980s, the WHO helped push towards the eradication of malaria in Egypt with their eradication program. This program included regions like Africa, the Americas, Asia-Pacific, and the Middle East and Eurasia. This resulted in outcomes such as reducing the number of cases by 300,000 between 1980 and 2010. Though these outcomes are significant, those with limited access to healthcare were still disadvantaged in the global conversation.

Image 2: Doctors in Egypt are conducting malaria tests on elderly patients in rural Egypt.Source: WHO — Image 2: Doctors in Egypt are conducting malaria tests on elderly patients in rural Egypt. Source: WHO

The New Approach to Malaria

Building upon previous interventions, additional interventions have been explored in the past few decades; these have contributed meaningfully to the eradication of malaria in the country. Before mobilizing interventions, it is important to educate communities about what malaria is and develop trust in proposed interventions. The Egyptian government, in collaboration with different NGOs (Non-Governmental Organizations), launched different campaigns that reached communities all across the country; these talked about prevention, symptoms, and where people can find diagnostic centers. These were taught in schools, local community centers, and other locations to ensure that populations were able to access the information needed to become a part of the solution. This resulted in an 80% increase in malaria case reporting in disproportionately impacted areas by 2020.

These education opportunities are coupled with healthcare access and monitoring. By improving the healthcare infrastructure, treatment facilities were able to strengthen their interventions for those impacted by malaria. However, with recent inflation and economic instability in the country, with the support of international supporters, these interventions became even more accessible by being low-cost or even free. With the additional investment into data collection and monitoring systems, the Egyptian Ministry of Health was able to monitor trends in malaria incidence and collaborate with healthcare providers to mobilize and target interventions for those who need them most. With the compounded efforts of treating and monitoring malaria, strides were made to help understand the spread of malaria in the country.

Beyond education and monitoring, it is valuable to identify interventions that would be accessible to the population. These interventions must be easily understood to ensure they are efficacious. Vector control is noted to be central to Egypt’s strategy. Leveraging the use of insecticide-treated bed nets was the most prominent intervention; by 2019, 3 million of these nets had been distributed to reduce the incidence of malaria, especially in high-risk areas. This, coupled with indoor spraying, helped reduce malaria cases by 90% in over 2 decades.

Malaria Eradication is a Victory for Human Rights

As outlined in the International Covenant on Economic, Social, and Cultural Rights, the right to health is fundamental to human existence. By working to eradicate malaria in the country, Egypt has made strides to fulfill this right for its citizens of all socioeconomic classes.

Egypt’s victory brings hope to the fight against malaria; not only can public health interventions align with human rights, but they can create a sustainable model for health equity. Many countries in the global south are in a place that Egypt was in not too long ago; as global communities begin to face the amplification of health issues, Egypt’s framework and history of eradication can be seen as a success and applied to other countries.

Now that malaria is off the docket of issues Egypt faces, it is not time to focus on addressing other inequities the country is facing. As health equity is improved in the country, issues such as mental health, maternal and child health, and non-communicable diseases can be addressed with the utmost efficiency, helping improve outcomes in the country.

The Wine Industry: Years of Exploitation and Human Trafficking

by Caitlin Cerillo

Have you ever had a glass of wine and wondered how it’s made? Or, pondered what it comes from and how long the wine-making process takes? Who is responsible for making it? Surely, the wine industry has been modernized, where mechanical inventions can do most of the handiwork when creating a delicious bottle of wine used for birthdays, weddings, anniversaries, and other milestone celebrations.

Unfortunately, this isn’t the case. The wine industry has had a history of exploiting its workers by forcing them to work in extremely poor conditions and grueling hours. Wine-making follows an intricate process, starting with the harvesting of grapes in vineyards. Mechanical harvesting does exist and is generally quicker than doing so by hand, as the average human can harvest 1-2 tons a day, while a machine can harvest 80-200 tons. However, human harvesting is still favored because it offers a more precise selection and lessens the severity of oxidation getting to the grapes due to damaged skins.

A person picking grapes to harvest for wine. — A worker manually harvesting grapes for wine. Source: Yahoo Images

The amount of grapes needed to produce a standard-size bottle of wine varies depending on the style of wine. However, a general number given by experts is an average of 1.25 to 1.50 kilograms, or 2.75 to 3.3 pounds. With the amount of wine that is produced worldwide within just a year, this adds up to a huge demand for grape pickers to supply the lucrative wine business. In the world, there are two primary countries responsible for the largest number of wine production: Italy and France. Both countries have come under fire for unethical practices in their wine production and human rights violations that include human trafficking, exploitation, and extremely poor working/living conditions for workers.

What is Human Trafficking and Exploitation?

Human trafficking is a huge issue across the world. The United Nations Office on Drugs and Crime (UNODC) defines human trafficking as the “recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” Human trafficking can come in many different forms, like sex trafficking, forced labor, and child sex trafficking. Victims of human trafficking can come from any kind of age group, gender, and background.

However, specific groups may be more vulnerable than others. These groups include people separated from their families or other support systems, refugees or migrant workers, sexual and gender minorities, people with disabilities, and members of lower socio-economic groups. According to the Centers for Disease Control and Prevention (CDC), human traffickers will use manipulation tactics and exploit the vulnerabilities of their victims, which is why these specific groups are at heightened risk.

Italy

In September 2021, a humanitarian organization by the name of Oxfam released a Human Rights Impact Assessment (HRIA) on the Italian wine supply chain to assess their impact on human rights. The HRIA is titled “The Workers Behind Sweden’s Italian Wine” and focuses on the primary Italian wine supply chain in Sweden, Systembolaget. The HRIA’s objectives were to perform a context analysis on Systembolaget in order to “build an understanding of the nature of the Systembolaget supply chains” and then to “identify the actual and potential human rights impacts in Systembolaget supply chains in practice.”

Oxfam’s HRIA does a great job at going more in-depth with the current human rights violations occurring in the Italian wine industry, along with the potential human rights violations that are at high risk of coming to fruition. To summarize, Oxfam found several serious violations: forced labor, low wages, excessive working hours, health and safety risks in vineyards and wineries, lack of access to remedy, restrictions to freedom of association, sexual harassment and gender discrimination, and unsanitary housing. To read more about Oxfam’s findings, follow this link.

France

France’s primary region for wine production is called the Champagne region, located roughly to the east of Paris. In late 2023, a large portion of the region was shut down by French authorities and put under investigation for human rights violations. Wine-makers in the Champagne region are migrants primarily from West African countries. It was discovered that the lodgings that provided housing to the migrant workers were of poor quality, with makeshift beds surrounded by electrical cables and extremely unsanitary bathroom facilities.

Workers picking grapes in a French vineyard. Source: Yahoo Images

The investigation also found that the contractors responsible for hiring the migrant workers exploited their vulnerabilities, as they were willing to work, even without proper contracts and for extremely low wages. At the end of the 2023 harvest season, another trafficking investigation was opened by authorities, which involved 160 laborers from Ukraine living in poor conditions in another area of the Champagne region.

South Africa

Although South Africa isn’t at the very top of the list of wine-producing countries, it has been accused of violating several human rights for years. In 2011, Human Rights Watch released a report titled “Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries,” detailing the problems surrounding the country’s industries. For over a decade, numerous attempts have been made to improve them, as well as conditions on farms. For instance, the Wine Industry Ethical Trade Association was created in 2002. Unfortunately, significant improvements have yet to be made to rectify the issues at hand.

South African farmworkers who supply the grapes needed for wine are vulnerable to some of the following human rights violations: exposure to pesticides and harmful chemicals, working long hours, and being forced to work in extreme weather conditions. Many farmworkers don’t even have access to safe drinking water, toilets, or livable housing. They face difficulty in forming a union to bring attention to the injustices they face. Like Italy and France, South African farmworkers receive low wages and little to no protection from the government.

The Future of the Wine Industry

There are many possible routes that can be taken to improve the working conditions for wine-makers. One of the most productive ways includes wineries turning to certifications that can help lay a groundwork for better standards, like environmental sustainability and safe working conditions. These certifications can help ensure that wineries are being held to their promises. Several wineries across the world have turned to certification efforts, like Chile’s Emiliana Organic Vineyards, which is certified under B Corp. B Corp was established in 2006, with the initiative of encouraging accountability, transparency, and environmental performance in business. Similarly, Italy has founded the Equalitas standard in 2015, which is specifically aimed at the wine industry.

Lifesaving Aid Delayed In the Wake of Morocco’s Catastrophic Earthquake

Image 1 – Source: Yahoo Images; An image of collapsed building as a result of earthquake

A devasting, 6.8 on the Richter scale, earthquake hit the North African nation late Friday, killing at least 2,886 people and injuring 2,562. The earthquake struck the High Atlas Mountain range ripping through the small villages and the center of Marrakech. Rescue operations are still taking place, as there are many people crushed under the remains of Al Haouz, where the quake was most devastating. Every minute counts in the search for survivors, yet the Moroccan government is selective with which countries they accept. France was left out of Morocco’s decision to accept aid from the UK, Spain, Qatar, and the United Arab Emirates. When the death toll continues to rise and the city turns to rubble, why is Morocco declining French assistance in disaster relief? Analyzing recent tensions between Morocco and France, it is apparent that the strained relationship between the two countries is the contributing factor to the refusal of aid during this dire time of need. Major humanitarian crises like this are supposed to be a chance to bridge the divide between nations, but they can also be an opportunity that is overlooked.

Image 2 – Source: Yahoo Images; An image of survivors going through the rubble.

Context

The controversy between Morocco and France has its roots in historical, political, and diplomatic factors. Originally, Morocco was a French protectorate from 1912 to 1956, and then in 1956 the country gained its independence. Therefore, there is a significant Moroccan diaspora in France which is why the government pledged 5 million euros to help with aid. Additionally, four French residents died in the earthquake. However, one topic of contention between the two is the sovereign claim over the Western Sahara. Morocco recognizes the West Sahara as part of their country, but France refuses to acknowledge that. Back in 2021, France went on the offensive against migrants from Morocco, Algeria, and Tunisia, threatening to cut off their visas unless they agreed to accept back migrants. The aforementioned nations took that as a sign of shame. These controversies, compounded with the government’s decision to reject French assistance, are indicative of the icy diplomatic relations between President Emmanuel Macron and King Mohammed VI. Despite the King being in France when the quake hit, no attempts were made to resolve the tension.

Image 3 – Source: Yahoo Images; An image of rescue operations after earthquake.

Significance

Morocco’s reluctance to accept aid is baffling global aid groups. Time is the most precious resource when it comes to disaster relief. By refusing the French, the Moroccan government is taking precious time away from the survivors of this devasting earthquake. Especially since France is known for being an expert in disaster relief, they have the resources to mobilize coordinated rescue operations on the ground. In the wake of this horrible humanitarian crisis, the focus should be on helping the suffering, not balancing adverse international relations. This decision made by the Moroccan government is actually hurting its people. That aid could be used to reach parts of the village that are not accessible due to the vast destruction. The increased delays have resulted in families digging themselves out of the debris. In addition, the government has been dubiously quiet about the severity of the crisis. Instead of making a broad appeal for help, Morocco is limiting foreign aid. For this to be the strongest earthquake to hit the country in over a century, the government is keen to downplay the seriousness of the situation and provide inadequate resources. Therefore, the catastrophe response promotes the notion that the administration is indifferent to the plight of the people in the impoverished mountain towns shaken by the quake, rather preferring wealthy metropolitan inhabitants and foreign tourists. With lives lost and homes destroyed, now is not the time for petty politics, but rather a chance to come together in a time of need.

Libya Flood Relief

The case of Libya’s flood is another case where relief efforts are hindered by political complications in North Africa. More than 5,300 people were killed and 10,000 are missing in Libya when a storm caused rivers and dams to breach. Storm Daniel wreaked havoc on Libya’s eastern port city of Derna, virtually flattening it. The Morocco quake and the Libya have resulted in 8,000 dead and significantly more injured or missing. Both devastated communities have waited for days for aid, frequently digging out and burying their dead with little to no help from their governments. Some of the delays can be attributed to damaged infrastructure; however, the main impediment, though, is politics. It seems that the immediate aftermath of a natural disaster qualifies as a moment for political differences to be put aside. The delays in receiving aid in Morocco and Libya, one nation perceived as the bedrock of stability in the region and the other torn apart by conflict and governed by rival governments, show how difficult it is to separate political concerns from humanitarian help. Despite the stark differences between the two, both are in the same predicament. Both governments need to accept responsibility and make a coordinated effort to provide aid to the citizens of their respective countries.

Food Insecurity: Ecuador and the Global Poor

Since 2014 and the COVID-19 pandemic, food insecurity has been steadily rising, with hundreds of millions being threatened by malnutrition and hunger. In 2020, above 30% of the global population was found to be moderately or severely food insecure. Food insecurity affects different populations in distinct ways, and in order to understand this more clearly, we examine Ecuador. Here, historical contexts have unique influences on food insecurity, but also, this nation exemplifies the reality that low-income nations face when combatting hunger.

Facts and figures of food insecurity in Ecuador

Hunger is an issue that is widespread globally and within Latin America and the Caribbean. In fact, researchers Akram Hernández-Vásquez, Fabriccio J. Visconti-Lopez, and Rodrigo Vargas-Fernández found that the region has the second-highest figures for food insecurity globally. The region is also predicted to be the fastest-growing in food insecurity rates.

Ecuador is just one example of why food insecurity manifests and in which populations. The country is ranked second in the region for chronic child malnutrition: 23% of children under five and 27% of children lack access to proper nutrition.

According to the Global Food Banking Network, an international non-profit focused on alleviating hunger, 900,000 tons of food are wasted or lost yearly in Ecuador. This is an alarming statistic considering that 33% of the population experienced food insecurity between 2018 and 2020 一 a threefold increase since 2014-2016.

Economic conditions have only been heightened in the pandemic, leading to widespread protests across the nation by indigenous people demanding equitable access to education, healthcare, and jobs. In sum, indigenous people cannot afford to get by, exacerbating existing food insecurity.

A man holding a protest sign with a few people to the left. — Figure 1: Source: Flickr, Motoperu; Protesters holding a sign that says “No more injustice, eliminate lifetime presidential salaries,” Cuenca, Ecuador.

Maria Isabel Humagingan, a 42-year-old Indigenous Quichua from Sumbawa in Cotopaxi province described why she was protesting to Aljazeera reporter Kimberley Brown.

“For fertilizer, for example, it used to be worth $15 or up to $20, now it costs up to $50 or $40. Sometimes we lost everything [the whole crop]. So we no longer harvest anything.”

During a time when global inflation is rising, it is the poorest people who are at the most risk. Even those who used to live on subsistence farming are vulnerable. The United Nations Food and Agricultural Organization (FAO) found that Ecuador’s food insecurity had risen from 20.7% to 36.8% in one year during the pandemic, and it is apparent that indigenous peoples are the most at risk during this time.

This is not to mention the fact that during a time when global hunger is growing, there is a disproportionate impact on women. Ultimately, food insecurity, while complex and layered, is a mirror of the prejudices and inequalities of society. In order to better understand why and who is impacted, we first need to understand two components: is food available (production and imports), is the food adequate (nutritious), and is food accessible (affordability)?

Factors behind food insecurity in Ecuador and beyond

Environmental Racism

Ecuador has a long history of environmental racism, and for the sake of brevity, we will be focusing on the practices of Texaco/Chevron and its impact on soil fertility.

Victoria Peña-Parr defines environmental racism as,

“minority group neighborhoods—populated primarily by people of color and members of low-socioeconomic backgrounds—… burdened with disproportionate numbers of hazards including toxic waste facilities, garbage dumps, and other sources of environmental pollution and foul odors that lower the quality of life.”

From 1964 to 1990, Texaco (which merged with Chevron in 2001) drilled oil in the Ecuadorian Amazon. Over 16 billion gallons of toxic wastewater were dumped in water sources and unlined open pits left to seep into the soil and devastate clean water sources for people and agriculture. Additionally, 17 million gallons of crude oil were spilled in the disaster now known as “Amazon Chernobyl.” Ecuadorians, a good majority of which were indigenous peoples displaced from their land due to environmental destruction, levied a suit against Chevron which was won in February 2011.

Indigenous people standing behind and looking at an open and unlined oil pit. — Figure 2: Source: Yahoo Images; Indigenous people overlooking one of 900 unlined, open oil pits from Chevron.

During the judicial process, 916 unlined and abandoned pits of crude oil were found. The human rights implications of this historic case and horrifying disregard for human and environmental safety are lengthy, in order to learn more read this blog by Kala Bhattar.

With this brief background in mind, it is clear to see how this would impact agricultural production, particularly in rural areas where indigenous persons live. Moreover, Afro-Ecuadorians, while only making up 7.2% of the population, are 40% of those living in poverty in the entire country. Most Afro-Ecuadorians live in the province of Esmeraldas, one of the poorest in the country, where most people live off agriculture and “85% of people live below the poverty line.”

UN experts have found that this population is the most vulnerable to environmental racism, suffering from systematic contamination of water supplies and intimidation.

As people suffer through the impacts of a ravaged environment, they must continue to rely on subsistence farming without aid. When crops fail to provide enough economically and for individual families, many go without in this impoverished region.

Climate Change

Global warming is leading to changes in weather patterns that have a serious impact on agricultural production 一, particularly in low-income countries that rely on seasonal rains, temperature, and other factors.

Climate change has also led to more severe and deadly disruptions, from hurricanes and earthquakes to monsoons, flooding, and mudslides. Ecuador has been suffering from these climate changes, despite only producing 2.5 metric tons of CO2 emissions per capita (the US comparatively emitted 5,222 million tons in 2020).

Specifically, Ecuador has suffered from a lack of water, specifically irrigation water, landslides, droughts, and heavy rains. The last two aforementioned climate impacts are particularly salient issues as it has impacted seed development by not allowing them to germinate or produce.

Image of a map with areas ranging from blue to deep red to indicate areas under threat by climate change. Latin America, Sub-saharan Africa, and Southeast Asia are the most threatened. — Figure 3: Source: Yahoo Images, Mannion, et al. in Trends in Ecology & Evolution; Worldmap where biodiversity is threatened the most by climate change.

In all, the consequences of climate change are having disproportionate effects on low-income states globally in spite of the that they have historically contributed very little to greenhouse emissions. The worst impacts are on nations surrounding the equator and countries with relatively hot climates 一 both of which tend to be low-income countries.

Ukraine War

Due to the ongoing war in Ukraine, food prices have been rising. Ukraine is a leading wheat producer globally. It is the seventh-largest producer of wheat, supplies 16% of the world’s corn, and 40% of the world’s sunflower oil. In the summer of 2022, 22 million tons of grain were stranded in Ukrainian ports, causing mostly low-income countries to feel the growing threat of food insecurity.

Additionally, Ukraine supplied 40% of the World Food Programme’s (WFP) wheat supply. The immediate impact of this is clear in the 45% increase in wheat prices in Africa alone, while any country that receives aid from WFP (which Ecuador has since 1964) is threatened directly by the situation.

As food prices continue to soar, the price of food sold within lower-income nations remains the same, creating a gap between cost and production. The conflict has also led to increases in the price of fuel and fertilizer, leading to food insecurity in many countries beyond just Ecuador. The war in Ukraine has disrupted global food supply chains and led to the largest global food crisis since WWII.

Hunger and the human right to food

There has long been a precedent in the international human rights framework for the right to food, beginning with the first declaration (unanimously accepted) in 1948. In Article 25 of the Universal Declaration of Human Rights (UDHR), the right to an adequate standard of living is guaranteed to everyone with the express mention of food. Fast forward 20 years later, and once more, Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) reiterates (almost identically) the right to food.

The ICESCR actually expounds further on a state’s responsibility to free everyone from hunger, specifically outlining that either individually or through international cooperation specific programs should be developed to address food insecurity and hunger. Moreover, the covenant addresses that food-importing and food-exporting countries should both be reviewed for problems that would impact the equitable distribution of food globally. Lastly, agrarian systems should be reformed to address nutrition and achieve maximum utilization and efficient use of agricultural resources.

Image of a bowl with the words “Zero Hunger” from the 2015 UN Sustainable Development Goals. — Figure 4: Source: Yahoo Images, United Nations; Logo of the second Sustainable Development Goal to end hunger.

In 1999, the Committee on Economic, Social, and Cultural Rights convened to review the progress to end hunger. General Comment 12 reiterated the obligation of states to fulfill the aforementioned responsibilities. Most crucially, however, was the specific mention that states must immediately address issues of discrimination that plague food insecurity. In the case of Ecuador, it is clear that this remains a salient issue.

Most recently, in 2015, during a historic UN summit, world leaders adopted 17 objectives to be achieved by 2030. Known as the Sustainable Development Goals (SDGs), the second objective is to create a “Zero Hunger” world by 2030.

Conclusion: Fighting Food Insecurity

According to the World Food Program, 60% of the world’s hungry live in areas afflicted by conflict. There is no simple way to end a conflict, but it is crucial that all states remember their commitments to the SDGs and ICESCR. This means that states need to step in to provide nutritious food when a home state will not or cannot. Just like Red Cross, journalists, and other humanitarian organizations are protected by international humanitarian law from being targeted in conflict, so too should persons ensuring food access to people. Moreover, countries should address the factors that contribute to food insecurity such as environmental racism and climate change.

There is no one solution for this issue since there is no single cause. However, by refusing to accept these conditions, learning more about the causes and conditions of food insecurity, and demanding more, we can begin to bring about a world that truly is free from hunger.

Food Insecurity in Birmingham, AL by Mary Bailey
America: The Land of the Hungry by Kala Bhattar
The Right to Food: A Government Responsibility by Zee Islam
Donate to the World Food Program
Learn more and get directly involved with SDGs
Follow @uab_ihr for Speaker events, blogs, and to learn more about supporting human rights locally and globally

Uganda’s Anti-Homosexuality Bill Sentences People to Death for Being Gay

Uganda has a controversial history regarding its stance on homosexuality. In 2014, the country passed the Anti-Homosexuality Act, which imposed harsh penalties on individuals engaging in same-sex activity, including life imprisonment for “aggravated homosexuality.” The law also criminalized the promotion of homosexuality and made it a crime to not report homosexual activity to authorities. Recently, policymakers in Uganda have proposed new legislation that would prohibit even identifying as LGBTQ. Parliament passed the new bill in order to crack down on homosexual activities. Gay people living in Uganda face life in prison and even the death penalty. The proposed bill has been widely criticized by human rights organizations, including Amnesty International and Human Rights Watch, as well as many countries around the world. The international community has called on Uganda to respect the human rights of LGBTQ individuals and to repeal the proposed legislation.

Criminalization of Homosexuality

Violations include “aggravated” homosexuality which involves gay sex with people under 18 years old or when a person is HIV positive, according to the law. The penalties are significantly steep resulting in death penalty. Failure to report homosexuality is a crime. As well as making merely identifying as gay illegal for the first time, friends, family and members of the community would have a duty to report individuals in same-sex relationships to the authorities. It bans media from publishing queer advocacy or promoting homosexuality. People found guilty of “grooming” children for purposes of engaging them in homosexual activities face life in prison. This can include discussing sexuality in classrooms or teaching about same sex relations in sexual education courses.

Impact on Society

The deeply regressive bill endangers gay people who live in Uganda and will have negative repercussions in society. The UN’s High Commissioner for Human Rights urged Ugandan President Yoweri Museveni not to sign the bill calling the Anti Homosexuality Bill 2023 “draconian”. The passing of this extremely discriminatory policy will result in families betraying their own, friends turning in friends, and communities turning their back on the LGBTQ. There will be severe psychological and mental effects for queer people in Uganda. They are condemned for simply existing. Legislation like this will only grow the anti-gay sentiment in Uganda making it much more difficult for change. The anti-gay bill will damage Uganda’s international reputation, leading to criticism from the international community and the potential for economic sanctions and aid cuts. The bill has been condemned by many western countries and organizations, including the United States and the United Nations. Overall, the anti-gay bill has had a devastating impact on Uganda’s LGBTQ community, civil society, and international reputation, and has further entrenched discrimination and violence against marginalized groups in the country.

What Can We Do

There are several strategies that can be employed to prevent anti-gay attitudes and actions in Uganda. To start, we must continue to support and organize with LGBTQ organizations in Uganda as well as globally. Education and awareness is key. Activists and advocacy groups can target awareness campaigns in schools, universities, and community centers. However, this is not possible without our continues support. NGOs to look into are Sexual Minorities Uganda (SMUG), the United Nations, and Human Rights Watch. The international community can exert pressure on the Ugandan government to promote LGBTQ+ rights and to repeal discriminatory laws. This can include diplomatic pressure, economic sanctions, and other measures. They can also foster support networks and safe spaces for LGBTQ+ individuals to provide them with a sense of community as well as a means of protection against discrimination and violence.

Climate Crisis Shifts Gender Roles

by Grace Ndanu

In Kenya, every person is assigned their duties right from birth. When a girl is born her room is painted pink, her toys will be dolls, a house and house essentials. On the other hand, the boy’s room is painted blue and his toys are cars, a spider man and a fire fighter. You will know a girl even when she is a day old because she will be dressed in an oversized dress and a pink or red one for that matter. When she grows up she is taught how to wash clothes, the house and utensils. She is also taught to cook fetch firewood and water, and believe me, no matter how young the girl is she will never complain. The boys sit on the dining area waiting for food. They are taught to stay and wait. For nomadic communities they start going to take care of the cattle as early as age of five. For the other communities they are allowed to play all through the day until they are sent to the shop to get something.

In the world of Labor, women have triple roles while men have only one role. The communal and reproductive roles are common among women, and for those who are lucky there are productive roles. I am saying the lucky ones because there are those who are educated and others are blessed with good husbands who allow them to go work and keep their money. In a pastoralist setup the women wake up, go milk the cattle feed them, and also may go herding. When a time comes for the cattle to be sold, it is their husbands who do that and decide what the money will be used for. In a farm setup women are involved in every activity, starting from planting to harvesting but they are never involved in selling the produce or decide what the money will be used for.

I stay in the world of the Masai people who mainly are pastoralists. I have observed that the drought has disordered their traditional system of life, forcing many women into business for the first time. I was walking to a shopping centre where I found a woman doing what a few years ago would have been unthinkable from a woman of her tribe. Shopping for a sheep and a cock. The lady examined her options carefully, pausing at a skinny sheep and a light weight black cock. Feeling the sheep on her arms it was not worth 6000 Kenyan shillings. Also the black cock wasn’t worth 1000 Kenyan shillings. The owner who was also a woman shook his head, I assumed the bargaining power of the customer was enough, I saw the lady left, I assumed that she will be back when the market favours her. I went home with a lot in my mind…

The Masai culture is really rooted, which makes it hard for a woman to be seen doing business, because they spend their time taking care of the children, fetching water and firewood and take care of the homestead. And now we have just witnessed two women doing business, in my thought it was a good thing. Gender roles are so strict that men often prohibit their partners from handling money or even saying their husband’s names in public. Now, for the first time in history, it is slowly becoming okay for Masai women to work for money. I have also heard that in the most interior parts of the Masai communities there is a market day, and people who are mostly there are women, they are both sellers and customers. And this is not because men have changed their perspective on gender roles. Instead climate change has made it so because there is no other means for them to survive. Due to the increasing drought, men leave home for months searching for pasture with their herds leaving their wives not only to manage the households but also to earn enough money to live while they are away.

Dust storm in Kenya; men shield their eyes — Source: Yahoo Images

The already brutal dry season has intensified in recent years, killing more vegetation, animals and people than before. By my estimate, harsh draughts have reduced the Masai’s livestock by up to 80 percent. The little resources have triggered fights with neighbouring communities, and armed raiders usually steal what remains. With the new way of life now the Masai women have started up jobs once reserved for men such as trading for livestock. The trend of women engaging in paid labour is not limited to Masai women, even in parts of west Africa are taking on once forbidden roles because so many men have migrated in search of work and no one knows when they will be back. At some point they leave, get some work and forget their families and instead of going back home they remarry leaving the other family. Balla Sidibe, the country director for CARE in Mali said that several men of the Kayes region in Mali have left and therefore women have taken over farming duties. This is the responsibility they never would assume before. Traditionally, “there was the belief that only men can do the hard work,” Sidibe added. “But in reality, the women are the ones doing that and producing for their families.” In Northern Ghana according to CARE study, women are also doing greater workloads, which leads to discrimination by men. At the same time they reported that the women have greater confidence in decision making matters and men for the first time see women as capable of participating in productive work and contributing to the family.

I believe the shift of women managing their own finances is leading to other changes too. A gender professor at the university of East Angalia said that the Borana women whose gender roles are alike that of the Masai, some women are questioning the value of marriage since they found out they can live perfectly fine without their husbands because they cannot support their families as they once did.

Women sell goods in Kenya market — Source: Yahoo Images

Development organizations and non-profits organizations across Africa see these shifts as a golden opportunity to empower women economically and socially. Because they will have an opportunity to run their families and businesses without any assistance. Empowerment for women is a double edged sword because they will be financially stable and at the same time it will give women get out of abusive relationships because they will understand that they can do well on their own. Through this women will own properties, they will make sound decision regarding the properties, they will live a good lifestyle and they will be able to take their children to good schools. I hope that as women take more responsibilities, they will also take role in leadership, such as mediating the resource related matters troubling pastoralist communities due to drought.

International Attempts at Transitional Justice

Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States.

Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.

Archbishop Desmond Tutu

Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.

What is transitional justice?

Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice.

According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include:

Providing recognition to victims
Building trust between citizens and state institutions
Reinforcing the rule of law
Committing to human rights and building solidarity with victims
Reconciliation between victims, perpetrators, and bystanders
Preventing new violations

But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place.

This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization?

Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.

These processes are:

Criminal Prosecutions: judicial investigations
Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse.
Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse

Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.

Specific attempts at transitional justice: the good and bad

Bolivia:

Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity.

Uruguay:

After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities. Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances.

Chile:

This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police.

El Salvador:

A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented.

Haiti:

Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic.

Argentina:

Spray painted image of a general with crossed-out eyes on a wall. The words “More than 30,000 reasons for popular justice. Never again look the other way" are painted beside the images. — Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”

Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced.

South Africa:

When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances.

This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented.

Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.”

United States:

For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here.

Conclusion

Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.

This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.”

This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed.

A book cover, there is no background, only a bold white title against black. — Figure 3: Source: Target; Cover of the aforementioned book.

Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen).

If this interests you, read Robertson’s book or check out more blogs from IHR below:

What is the International Criminal Court and Why Should I Care?
The Age of Human Rights?
Relativism’s Implications on Universal Human Rights
A Bright Future – Recent Human Rights Victories
Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China
Covenants Without the Sword: International Humanitarian Law (IHL) and Sexual Violence