Suchergebnisse

Reparations for Slavery in International Law examines the case for contemporary redress for the harms and legacies of transatlantic enslavement from a legal perspective. It critically evaluates the history of transatlantic enslavement and the evolutions in international law that justified and perpetuated the exploitation of African people and people of African descent. It unpacks the requirements of state responsibility, assessing the impact of time on claims for redress for historic injustices. It presents a new theory of reparatory justice, responsive to both the underpinning principles and the modalities of redress in international law. This book considers the emerging practice of reparations in transitional justice and the relevance of these frameworks in cases of widespread historic injustice, while upending orthodox understandings of the international legal frameworks relevant to case for reparations. In so doing, it opens new space for the reconsideration not only of the international legal claim for reparations for slavery but also the moral and political case.

From the 'transatlantic slave trade' to the maangamizi -- The maangamizi and the making of international law -- Adjudicating the 'past' : the impact of time on reparability -- Towards a theory of reparatory justice -- Expanding understandings of reparatory justice through multiple modalities of redress --The causal chains connecting historical enslavement and contemporary redress -- Reparatory justice in transition.

AbstractThe identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of themaangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world.

The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the legal options with regards to reparations. In particular this article examines the role of politically negotiated reparations in transitional societies and the limits of avenues of redress in international law. Key to such discussions is the identification of eligible victims and appropriate measures of redress from responsible actors. With the so-called 'transatlantic slave trade' the passage of time has strained legal principles of causation to identify those victimised by atrocities of the past. Instead this article argues that reparations beyond the international law construct can be politically negotiated to at least acknowledge the past and offer some symbolic measures of redress to victimised populations of transatlantic enslavement.

Despite its stated protective purpose, the Modern Slavery Act has often fallen short when it comes to ensuring support, facilitating effective remedy, and safeguarding victims of modern slavery. Support services have been repeatedly flagged as insufficient to meet the needs of those recovering from modern slavery. Survivors have faced a 'cliff-edge' of support exiting the national referral mechanism, depriving them of access to essential services and leaving them vulnerable to re-trafficking. Decision-making timeframes have far exceeded stated benchmarks, leaving many survivors in limbo for extended periods of time. In addition, victims of modern slavery continue to be detained by immigration authorities and criminalised for actions committed while they were being exploited. Yet, at the same time, increasing numbers of survivors have been identified and supported as a result of the Act and associated care systems. This article explores developments in support for victims of modern slavery in the five years since the passage of the 2015 Act, assessing strengths, shortcomings, attempts to fill the gaps in provision, and where we go from here.

This paper employs a gender-responsive lens to explore the ways in which the COVID-19 pandemic has impacted the risk of human trafficking and migrants' experiences of human trafficking in the IGAD–North Africa region. Findings are based on an extensive review of evidence and a series of interviews held with stakeholders, completed in 2021. A first round of interviews was held with 22 stakeholders working in government, criminal justice, migration governance and humanitarian organizations in March–April, exploring the impact of COVID-19 on human trafficking in and through the Sudan. Analysis of these interviews suggested that (a) the gendered dimension required further analysis, and (b) a regional approach was needed. Thus, a further round of targeted interviews was held in September 2021 with 12 additional stakeholders in Libya, Tunisia, Ethiopia, and the Sudan to elicit further information on the gendered impacts of COVID-19 on migrants.

AbstractCOVID-19 has caused far-reaching humanitarian challenges. Amongst the emerging impacts of the pandemic is on the dynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human trafficking in Sudan—a critical source, destination, and transit country. The analysis combines a systematic evidence review, semi-structured interviews, and a focus group with survivors, conducted between January and May of 2021. We find key risks have been exacerbated, and simultaneously, critical infrastructure for identifying victims, providing support, and ensuring accountability of perpetrators has been impeded. Centrally, the co-occurrence of the pandemic and the democratic transition undercut the institutional and governance capacity, limiting the anti-trafficking response and exposing already vulnerable groups to increased risks of human trafficking. Findings point to increased vulnerabilities for individuals with one or more of the following identities: migrants, refugees, females, and informal labourers.