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Remembering lessons from the Armenian genocide during dangerous times

By Zahava Moerdler

On May 31, the German parliament voted almost unanimously on a resolution that recognized the killing of over 1.5 million Armenians in Turkey in 1915 as a genocide (one MP voted against and one abstained).  The decision makes Germany one of only 26 countries, including Canada, France and Russia, to recognize the events as genocide. Turkey became so incensed with Germany’s decision that it recalled its ambassador to Turkey.  Recep Tayyip Erdoggen, President of Turkey, threatened further action against Germany while Turkish Nationalist protesters gathered outside the Germany embassy in Istanbul in protest.

Germany’s decision is interesting considering that Germany was an Ottoman ally during World War I, and many German officials witnessed the deportations and killings of the Armenian population.   Many of those officials remained silent to the atrocity or were complicit, providing weapons and fighting alongside the Ottomans.  Some have even argued that the Armenian genocide was the model for the Holocaust.  The 2016 resolution acknowledging Germany’s complicity was championed by the co-leader of Germany’s Green Party, Cem Ozdemir, a man with strong Turkish roots, who advocates for Armenian-Turkish reconciliation.

Germany’s decision comes at a particularly tumultuous time in Europe. The United Kingdom’s vote on June 24 to leave the European Union. marks a turning point in the history of the E.U.  Unfortunately, the rhetoric immediately preceding and right after the vote show growing trends of xenophobia, racism and extremism in Europe. In the U.K., hate crimes have increased 57 percent since the vote, including a racist demonstration outside a mosque and racist graffiti on the entrance to a Polish community center. In Hungary, France and Germany, rightwing nationalist groups have called for their own E.U. referendums. Viktor Orban, Prime Minister of Hungary, has even expressly linked the migration crisis in Europe as a direct cause of the Brexit.

Now, more than ever, it is necessary to take lessons from the past so that history is not doomed to repeat itself. As Germany and other nations grapple with the Armenian genocide and their possible complicity in those atrocities, perhaps reflecting on the American genocide can be especially instructive. In 1915, the Young Turk government, a reformist movement against the former Turkish absolutist Sultan Abdul Hamid II, shifted its policy towards the Armenian population within Turkey.  While there had been tensions between the Turks and Armenians for generations, the Young Turk government instituted a policy of deportation and premeditated mass extermination.  The Ottoman government began transferring Armenian soldiers from the Turkish army into labor battalions where they were either killed or worked to death . On April 24, 1915 , 235 Armenian doctors, clergy, lawyers, politicians and teachers were arrested and murdered in Constantinople, leaving the Armenian community leaderless and vulnerable . Approximately 1.5 million people were deported over the course of eight months. One-half to three-quarters of the Armenian population living in the Ottoman Empire were murdered between 1915 and 1923.

The impetus for the genocide was both “Turkifying” the Ottoman Empire, which was fueled by nationalism and the defeats in the Caucuses in 1914 , which the Young Turks blamed on the Armenians in the area.  The Young Turks began a campaign to portray the Armenians as a threat to the state. Although there were Armenian nationalists who had cooperated with the Russians during the conflict, the identification of the entire Armenian population as complicit in the acts of a few created a propaganda campaign that furthered hate and fear.

Dangerous speech is speech that increases the risk of violence targeting certain people because of their membership in a group, such as an ethnic, religious, or racial group. This includes incitement as well as speech that makes incitement possible by conditioning audiences to accept, condone and commit violence against people who belong to a targeted group.   Dangerous speech created the 1915 Turkey, a country primed for genocide. Blaming the Armenians for wartime losses, targeting ethnic minorities as “other” and perpetuating narratives of fear and hate conditioned the Turkish population to act violently and hatefully against a specific group of people. These problematic trends continue today. The refugee crisis has been blamed for the economic instability and terrorism in European countries . As a result, many Europeans have become incensed. In June, the U.K. voted to leave the E.U., a vote that some of posited stems from these frustrations.  This rhetoric has come from within the U.K. and abroad, most notably Prime Minister Orban in Hungary. Minorities continue to be “othered” in the U.K. and elsewhere in Europe, as evidenced by recent racist and xenophobic crimes. Finally, populist nationalist groups use narratives of fear and hate to promote their agendas, like other Leave campaigns throughout Europe, thereby stoking the flames of frustration and agitation.

Europe is once again at a crossroads, with dangerous speech pushing the continent towards violence, hate, racism and xenophobia. Brexit is merely a single case where racist rhetoric, tied to a national crisis, has yielded hate speech and crimes. What remains to be seen is how the U.K., Europe, the U.S. and the world writ large will respond to these increasingly troubling trends. This is not a British problem. It is not a European problem. It is a global problem. Unless dangerous speech is curbed through the promotion of counter-narratives, the lessons of the past will rear their ugly head. Do not forsake the lessons of the Armenian genocide, especially at a time when justice and recognition have made so much headway.

Zahava Moerdler is a 2016 Leitner Center Summer Fellow. She is interning with Human Rights First in Washington, DC.

Photo credit: mrsamisnow/Creative Commons

The views expressed in this post remain those of the individual author and are not reflective of the official position of the Leitner Center for International Law and Justice, Fordham Law School, Fordham University or any other organization.

 

 

 

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Fighting forced labor in Europe

By Miriam Quarticelli

Despite common (mis-)conceptions, forced labor is one of the most urgent issues affecting Europe in recent years. Although forced labor is often seen as a problem in developing countries, the International Labor Organization (ILO) estimates that 880,000 women, men and children are victims of forced labor in the European Union. In 2012, an outrageous number of 20.9 million women, men and children were trapped in jobs into which they were coerced or deceived, meaning that around three out of every 1,000 persons worldwide are victims of forced labor, according to the ILO.

THE SITUATION IN EUROPE

Forced labor is defined by the ILO as workers who are “coerced to work through the use of violence or intimidation, or by more subtle means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities.” Fifty-eight percent of victims of forced labor in the EU are women, according to the ILO. Data also shows that domestic work, agriculture, manufacturing, construction, hospitality, cleaning, food manufacturing and processing and textiles and clothing are the main sectors employing victims of forced labor. Often, forced labor is accompanied by other forms of labor abuse and exploitation. Victims are coerced or forced to work long hours in dangerous conditions. They face physical, sexual and psychological abuse in the workplace and are unable to leave due to threats of violence, confinement, outstanding debt or other consequences. For example, a report by Human Rights Watch documented how some migrant domestic workers in the United Kingdom were coerced to work through low payments, physical and psychological abuse and the withholding of travel documents such as passports. “In London they just locked me at home … I ate after they finished, the leftovers … When I ran away I was sleeping in the park because I didn’t know anybody here … I felt like a beggar,” one domestic worker told HRW.

In Europe, forced labor is also associated with human trafficking and illegal cross-border migration, as irregular migrants are often vulnerable to forced labor. In some instances, migrants may agree to be trafficked, placing their trust in worker recruitment agencies, only to find themselves with no way to return home and forced to work in sub-standard conditions or in a position they had not agreed to. Migrants from inside the EU (Bulgaria, Poland and Romania) and from outside the EU (China, Morocco and Turkey) are often affected. However, migrants are not the only source of forced labor.

In fact, a report by the Joseph Rowntree Foundation on forced labor in nine European countries documented that many people affected by forced labor are EU citizens. Despite this, EU governments continue to view and tackle forced labor as an immigration, human trafficking and border-control issue. European governments focus mostly on immigration regulation rather than ensuring protections in the workplace because it is easier to believe that tougher border controls will lead to a decrease in forced labor. This narrow conception of how to fight forced labor overlooks how many individuals may be trapped in conditions of forced labor within their own countries or in countries where they are present legally.

LEGAL OBLIGATIONS OF EUROPEAN COUNTRIES

At the international level, Article 4 of the Universal Declaration of Human Rights (UDHR) establishes that “no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) prohibit slavery, servitude and forced labor, and guarantees the freedom of movement and the right to determine where to work. This means that all workers have the right to work in favorable conditions which include fair wages, safe and healthy working conditions, rest, reasonable limitation of working hours and periodic holidays with pay.

Furthermore, laws created within the framework of the ILO are of crucial importance, including the Forced Labour Convention of 1930 and the Domestic Workers Convention of 2011, which establishes the rights of domestic workers, including standards for minimum age of employment, protection against abuses and violence, adequate salary and working conditions. At the European level, Article 5 of the EU Charter of Fundamental Rights prohibits slavery and forced labor. These treaties place an obligation on states to protect people from rights violations. In fact, according to Article 45 of the Treaty on the Functioning of the European Union (TFEU), member states must guarantee the right to move freely within the EU and to be protected from discrimination on the ground of their nationality in labor situations. Moreover, Article 15 of the Charter of Fundamental Rights allows every EU citizen the right to seek employment and to work in any EU Member State without being exploited.

ENSURING FREEDOM AND RIGHTS

Despite international laws and regulations seeking to eliminate forced labor, many labor rights violations still exist in Europe and most responses to forced labor are ad hoc rather than systematic. For example, some non-governmental organizations (NGOs) have set up programs to assist victims of forced labor who are also migrants or undocumented workers. While this is beneficial for irregular migrants, such initiatives are less likely to reach and aid EU migrants or citizens who have experienced forced labor. Moreover, once a case of forced labor is identified, there is a high burden of proof for legal action. With this in mind, the practice of pursuing several legal routes at the same time (e.g. employment and criminal cases) may offer the best option for those who have experienced forced labor.

To better prevent forced labor, EU states should work to raise awareness about the indicators of forced labor within government agencies, labor inspectors and civil society. They should also reinforce labor market regulations and associate these regulations with inspection and enforcement powers. Furthermore, it is essential to combat human trafficking and to implement stronger immigration laws to protect migrants who are vulnerable to forced labor. Finally, EU states should sign onto a legally-binding treaty on forced labor, which should include updated standards on preventing forced labor and compensating victims.

As the EU investigates reports of slave labor on Thai fishing vessels that supply seafood in European markets and considers a ban of imports produced by forced labor, the EU should not forget that these same types of violations are occurring within its own borders. Most recently, human rights groups and news organizations have documented forced labor in Poland, Malta and Greece. The EU must practice what is preaches and set a strong example for the elimination of forced labor and in achieving justice for victims of these abuses.

Miriam Quarticelli is a Staff Writer for Rights Wire.

The views expressed in this post remain those of the individual author and are not reflective of the official position of the Leitner Center for International Law and Justice, Fordham Law School, Fordham University or any other organization.

Photo credit: AnaManzar08/Creative Commons


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A crisis beyond borders: the migration across the Mediterranean

By Zahava Moerdler

Europe is currently facing an international crisis. Thousands of migrants are making the perilous journey across the Mediterranean Sea to reach Europe in the hopes of finding better living conditions, escaping persecution or giving their families a better chance at education and prosperity. However, European states remain aloof as migrants flood both Italy and Greece and are resistant to policy changes that would ensure better treatment of migrants once they reach European shores. The number of deaths has decreased this month as several European Union (EU) navies have sent more ships and efforts by private rescue groups like Médecins Sans Frontières and the Migrant Offshore Aid Station have increased. Yet, 46,000 migrants have reached Europe since the start of 2015, as compared to the 41,243 who migrated to Europe between January and May 2014, according to the United Nations (UN). Even with increased efforts to help migrants cross the sea, thousands are still pouring into European countries, which are unready and unwilling to help them assimilate.

PAST AND PRESENT

With the vast influx of migrants during the height and close of colonialism, European countries endeavored to find a way to assimilate these populations. After World War II, many countries, including France, Belgium and Germany, opened their borders, often enticing foreign workers to migrate. For example, in the 1950s, Indians and Pakistanis began to immigrate to the United Kingdom and in the 1970s, so did many from Bangladesh. The European countries saw these groups as temporary “guest workers,” as did the migrants themselves. With the economic downturn in the 1970s, European countries began to close off access to foreign workers. Thus, one aspect of the current migrant dilemma resides in a historical precedent for foreign workers. However, today, many flee war-torn countries and seek better healthcare, childcare and standards of living in Europe.

It is illegal under international law for countries to return migrants who are fleeing persecution in their own countries. As a result, thousands are making the dangerous trek from war-torn North Africa and the Middle East across the Mediterranean and into Europe. Others are migrating to Europe to secure a better future for their families and for economic reasons. European countries are scrambling to figure out ways to help these individuals as they venture across the sea, and once they make it into Europe, to find them places to live and rebuild their lives. However, with a growing far-right in many European countries, instead of addressing the situation, many are protecting their borders from fear of terrorism threats from abroad. Countries like Britain and France are exercising “fortress policies” in which the focus remains on limiting the number of asylum applicants.

DANGER AND DEATH

In the first four months of 2015 alone, over 1,800 people have died attempting to cross the Mediterranean, according to the International Organization for Migration. Italy, which has become “Europe’s migrant bottleneck,” is at the center of this crisis. 170,000 out of the 200,000 migrants who arrived in Europe last year came through Italy. In April, Italian Prime Minister Matteo Renzi organized an emergency EU summit due to the crisis. Because of EU budget constraints, Italy had to stop its Mare Nostrum, or search and rescue operations. Additionally, since Mare Nostrum was replaced by “Operation Triton,” the EU’s border agency, the number of deaths has greatly increased. The new operation will mean fewer boats are provided by EU countries for patrolling the Mediterranean. There will also be less search and rescue operations because of the decrease in ships and funding. Thus, a less secure Mediterranean is bound to result.

Most of the migrants taking the perilous journey into Europe in 2015 hail from Syria, Eritrea, Somalia and Afghanistan, according to the UN refugee agency. In 2011, thousands of Tunisians arrived in Italy through the island of Lampedusa, which remains a bottleneck because of its proximity to North Africa as compared with mainland Italy. With the vast number of migrants, the end of Mare Nostrum and the cheaper and more limited Triton in place, the trip across the Mediterranean has, according to many aid organizations, put more migrant lives at risk.

But even before making the trip across the sea, migrants travel hundreds and thousands of miles, often in hostile territory, in order to reach the shores of the Mediterranean and the smugglers awaiting them there. According to a United Nations report, human trafficking from Libya was a $170 million business last year. Migrants often pack themselves into anything seaworthy—most owned by human smuggling rings—and are loaded beyond the tipping point. Maltese Prime Minister Joseph Muscat said, “gangs of criminals are putting people on a boat, and sometimes at gunpoint. They’re putting them on the road to death, really, and nothing else.” Many migrants travel from the Horn of Africa, are often treated brutally by traffickers, and endure desert heat and even unrest in Libya, the most common departure point. On April 20, another boat sank off the Greek island of Rhodes, which is another major bottleneck into Europe from the Middle East and Asia, killing at least three people. According to one survivor, many remained trapped inside the boat as it sank because the smugglers who organized the voyage had locked the doors to the lower levels of the ship.

LOOKING FOR SOLUTIONS

So, what is Europe doing about all this? The United Nations envoy for international migration, Peter Sutherland, told the Security Council that the first step towards addressing the crisis must be a resolution to immediately save lives. On May 18, EU ministers, in response to the crisis, approved an air and sea mission that would destroy the vessels human traffickers are using to smuggle migrants across the sea. The mission’s first phase will be an intelligence gathering operation and the United Kingdom is expected to offer drone and surveillance support. As the mission progresses, vessels suspected of harboring migrants will be boarded and searched and either seized or disposed of in Libyan territory. The EU’s foreign policy chief claims the operation could be launched as early as June 25. The mission will be launched from Italy, one of the major bottlenecks into Europe. There is anticipation that the plan will be brought before the UN due to concern over militarization and Libyan concerns over sovereignty. Additionally, Russian officials have expressed concerns about the mission, which leaves approval in the UN uncertain. Rights groups also warn about the impact of militarization on migrants who could be placed in far greater peril.

Meanwhile, European countries continue to militarize their borders and to maintain policies of inaction as a form of deterrence for future migrants. Although funds for Operation Triton have increased threefold, most Europe countries are reluctant to see the crisis in the Mediterranean as a humanitarian crisis, which would require search and rescue efforts as well as a willingness by European states to resettle and even welcome refugees. For example, the United Kingdom has donated substantial funds but has been unwilling and has made no commitment towards taking in any refugees. On June 2, French police evacuated a migrant camp in Paris and then bulldozed the tents located there. Police undertook this operation as a way of controlling the ever-growing population of migrants moving into France. 380 individuals from Eritrea, Ethiopia and Sudan were told to pack their belongings and loaded onto a bus before their camp was destroyed. This was not the first time a European state destroyed a migrant camp—in May, authorities in Rome evacuated a camp that had been around for almost two decades.

Many of the refugees migrating to Europe are asylum seekers fleeing turmoil in Syria, Somalia and Eritrea. Yet, the EU has had difficulty coordinating and reconciling its asylum policy for years, especially since there are 28 member states with their own police force and judiciary. There are more detailed joint rules brought in with the Common European Asylum System, but there has been little practice in putting those rules into action. The major principle for handling asylum claims in the EU is the Dublin Regulation, which stipulates that responsibility for processing claims lies with the member state who played the largest part in the applicant’s entry into the EU. By and large, that is the first country the migrant entered, which today means Italy and Greece. Thus, large numbers of applicants and migrants currently reside in Italy and Greece awaiting word on their petitions. Sometimes, migrants have families elsewhere with whom they want to be reunited, and so the principle member state would be that country where the family resides. As a result, there is significant tension across Europe because states like Greece and Italy are inundated with applications, since they are the first point of entry. Germany and Finland are the only two states who have stopped sending migrants back to the original point of entry, whether it be Italy or Greece. Additionally, countries like Germany and France have opposed EU plans to spread 40,000 migrants across member states in an attempt to mitigate the effects of the influx on Italy and Greece.

The net result is a rather dark picture of Europe today. While thousands are attempting incredibly dangerous trips through deserts, war, hostility, and across the Mediterranean, Europe remains as cold and aloof as ever. With no clear resolution in sight and no adjustment for asylum or immigration policy, migrants who do make it to Europe are stuck at their point of entry. With Europe’s Eurodac system, a database of asylum seekers’ fingerprints, mobility becomes even less likely. Unless Europe can adopt a proper policy for acceptance, assimilation and resettlement, thousands will continue to remain stuck in Greece and Italy, causing problems not only for the migrants seeking to start a new life, but also the economic, social and political situation in Greece and Italy. Hopefully, the EU can provide greater support beyond the bare bones of Operation Triton, since the influx of migrants and refugees does not seem to be stopping anytime soon.

Zahava Moerdler is a Staff Writer for Rights Wire.

Photo Credit: Sarah Tzinieris/Creative Commons