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21. Migrant Workers’ Access to Justice at Home: Nepal

Publication Date:
06-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Much attention has been directed to the exploitation of low-wage migrant workers in the Middle East, where harms are commonplace and severe, and access to justice is limited. But the story of labor migration begins and ends at home. Migrant Workers’ Access to Justice at Home: Nepal is the first comprehensive analysis of how laws and institutions in Nepal succeed or fail in protecting migrant workers from harms suffered during recruitment or while working in the Middle East. The study finds that despite Nepal’s efforts to protect migrant workers, it often falls short in holding private recruitment companies and individual agents accountable. The report presents detailed short- and long-term recommendations for government and civil society advocates that address the failures of Nepal’s migrant worker policies by treating workers as holders of defined, enforceable rights.
Topic:
Civil Society, Human Rights, Migration, Labor Issues, Justice, Migrant Workers, and Political Rights
Political Geography:
Asia and Nepal

22. A Fundamental Rights Strategy for the European Union

Author:
Israel Butler
Publication Date:
05-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The European Parliament election results show a rise in apathy and hostility towards the EU. A fundamental rights strategy could help to boost the Union’s legitimacy in the eyes of the public. EU institutions should jointly adopt a strategy that highlights the benefits for citizens of rights conferred at EU level. A strategy would allow the Union to meet its overarching goal of improving the well-being of its peoples and improve its credibility when promoting human rights with third countries. The strategy should be structured around measures to respect, protect and promote fundamental rights to the fullest extent allowed by the Union’s powers. To develop and implement the strategy, the institutions should engage in regular and structured dialogue with the United Nations, Council of Europe, Fundamental Rights Agency, and civil society organizations.
Topic:
Civil Society, Human Rights, United Nations, European Union, and Political Rights
Political Geography:
Europe

23. 2014 and Beyond: Priorities for the European Union

Publication Date:
09-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The new leaders of the EU’s institutions face immediate and major challenges—from conflict in the EU’s surrounding region to rising xenophobia within its own borders—that have major implications for the future of Europe’s open societies. The European Parliament elections in May 2014 led to a turnover of half of the body’s members and the intake of many more xenophobic populist parties. The European Commission—the EU’s executive body—has a new president and College of Commissioners who will need to find new approaches to employment, inclusion, and development. The new European Council president will also have a tough job finding consensus among EU heads of state and government on issues ranging from relations with Russia to economic governance.
Topic:
Civil Society, Race, Minorities, Discrimination, Xenophobia, and Economic Cooperation
Political Geography:
Europe

24. Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination

Publication Date:
11-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The report Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination is published within the framework of the Equality Data Initiative, a project launched by the Open Society Foundations in collaboration with the Migration Policy Group and the European Network Against Racism to increase awareness within the European Union for the need to collect reliable data for groups at risk of discrimination. The report challenges the commonly held view in Europe that the collection of disability and ethnic data is categorically prohibited. It voices the necessity to involve the affected communities in the process of defining best practices and to respect binding core principles of data collection such as self-identification of the data subject and consent-based, voluntary, and anonymized data collection. The focus of the research is on Bulgaria, Germany, Hungary, Ireland, Romania, and Sweden in the field of public education and on France in the field of public employment. Most of these EU member states collect data about their citizens in one or other way. However—as the report suggests—their methods lead to results that are either inaccurate or unreliable. The report makes recommendations for action at both the national and EU levels in order to achieve effective change in the field of equality data and to use data to promote equal treatment. Advocacy and strategic litigation are needed to steer national debates away from taboos, and question unlawful, harmful, or simply unsuitable data collection practices, and to call for the inclusion of disability and ethnic minority communities in the process. The European Commission and other EU institutions can provide guidance in this process by issuing recommendations and guidelines on equality data collection.
Topic:
Migration, Science and Technology, European Union, Citizenship, Discrimination, Disability, Data, Digital Policy, and Migrant Workers
Political Geography:
Europe

25. License to Be Yourself

Publication Date:
05-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
When trans people’s passports, driver licenses, and national ID cards, do not reflect their gender identity, it can exclude them from fundamental aspects of daily life—like receiving health care, schooling, housing, or a bank account. And it can prevent trans people from exercising basic liberties like the right to vote or freedom of movement. The vast majority of trans people around the world cannot obtain official documents under their appropriate name and sex that match their gender identity. Where this is possible, trans people often face highly restrictive laws or regulations for changing name and sex that violate human rights obligations. These restrictions may involve excluding trans people who are married or have children, or require compulsory medical diagnoses or proceedures, including those that result in sterilization. License to Be Yourself documents some of the world’s most progressive and rights-based laws and policies that enable trans people to change their gender identity on official documents. It shares strategies that activists have successfully used in a variety of global and legal contexts, and features case studies from Argentina, Australia, Hong Kong, Kenya, Ukraine, and the United States. This report is a resource for activists working on human rights issues for trans people, local communities examining best laws and policies, and policymakers seeking to uphold the rights of trans people.
Topic:
Gender Issues, Human Rights, LGBT+, Sexuality, Identity, Legal Sector, and Transgender
Political Geography:
Global Focus

26. Migrant Workers’ Access to Justice at Home: Indonesia

Publication Date:
10-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. Many are women who suffer abuse and exploitation when they work abroad but have virtually no access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Migrant Workers’ Access to Justice at Home: Indonesia is the first comprehensive study of migrant workers’ access to justice in their country of origin. A collaborative effort by the Open Society International Migration Initiative, the Tifa Foundation, and the Migrant Worker Access to Justice Project, the report analyzes how migrant workers may access justice in Indonesia, and identifies the systemic barriers that prevent them from receiving redress for harms they suffer before, during, and after their work abroad. The report also provides recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. Migrant Workers’ Access to Justice at Home: Indonesia is an important contribution to advancing the rights of migrant workers and will serve as a valuable guide for civil society groups in Indonesia and elsewhere to better understand, use, and test existing justice mechanisms to enforce migrant workers’ rights.
Topic:
Migration, Labor Issues, Employment, Economic Policy, Justice, Migrant Workers, and Legal Sector
Political Geography:
Indonesia and Middle East

27. The Race Equality Directive: A Shadow Report

Author:
Eefje de Kroon
Publication Date:
07-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Race Equality Directive: A Shadow Report collects lessons learned from the implementation of the Race Equality Directive in nine European Union member states. The Race Equality Directive is a piece of legislation adopted in 2000 by the Council of Ministers of the European Union implementing the principle of equality for all irrespective of racial or ethnic origin. The directive comes under review at the end of 2013, 10 years after its entry into force. The report includes data on Bulgaria, the Czech Republic, France, Germany, Greece, Hungary, Italy, the Netherlands, and Spain. Annex I contains summaries of developments in each of these member states. The report identifies trends in the challenges facing the countries examined, examples of successful or problematic implementation, and includes recommendations for improving effective implementation. Challenges to the implementation of the Race Equality Directive include: lack of disaggregated data needed to implement parts of this legislation and evaluate its effectiveness; unclear identification of proxy categories that can be used to detect discrimination on the ground of racial and ethnic origin; problems that impede effective access to and use of judicial (individual or collective) redress against discrimination; hindrances to alternative forms of individual (or collective) redress, through the equality bodies. Analysis is based on two sources of data: country reports by specialized international monitoring bodies (excerpts of these are contained in Annex II) and data generated through a short questionnaire (in Annex III) completed by independent experts and subject matter experts within the Open Society Foundations.
Topic:
Race, Law, Ethnicity, Discrimination, and Equality
Political Geography:
Greece, France, Germany, Bulgaria, Hungary, Spain, Italy, Netherlands, and Czech Republic

28. Transforming Health: International Rights-Based Advocacy for Trans Health

Publication Date:
02-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Trans people across the world face substantial barriers to adequate health and health care. They are targets of discrimination and violence, are at greater risk of contracting HIV, and experience a higher incidence of mental health problems like depression. They face discrimination from health care providers, a lack of doctors trained to address their needs, and the refusal of many national health systems and insurance providers to cover their care. Yet trans communities are building alliances to promote trans health and to fight for policies that respect gender diversity and human rights. This report profiles projects from 16 organizations in twelve countries that address these barriers. These projects offered general health services as well as those related to gender transition, trained health care providers to respond to the needs and concerns of trans patients, conducted public education campaigns about discrimination against trans people, advocated for legal and medical policy changes, and organized trans communities to empower themselves. Collecting insights from these projects, Transforming Health makes recommendations to governments, rights advocates, health professionals and public health organizations, and health and rights donors.
Topic:
HIV/AIDS, Gender Issues, Health, Discrimination, LGBT+, Public Health, Sexual Health, and Transgender
Political Geography:
Global Focus

29. U.S. Military Aid to Central Asia: Who Benefits?

Author:
Joshua Kucera
Publication Date:
09-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
U.S. military aid to Central Asia has substantially increased over the past 10 years with an increasingly large percentage going toward the training and equipping of Central Asian special forces units. In several cases, funding has been misappropriated by host governments, while the United States has tended to look the other way at such abuses. Military aid can have varying goals, but increases in funding and ambivalence by U.S, officials toward possible abuse of funds by Central Asian governments suggest that the primary motive of U.S. aid is to “buy” access to regional governments and militaries for cooperation in Afghanistan, rather than to improve defense institutions and militaries.
Topic:
Diplomacy, Foreign Aid, and Military Affairs
Political Geography:
Central Asia

30. The New Silk Road and the Northern Distribution Network: A Golden Road to Central Asian Trade Reform?

Author:
Graham Lee
Publication Date:
10-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The United States is promoting a “New Silk Road” that would link Afghanistan to Southern and Central Asia via an interconnected web of transit corridors, which could transform the regional trade environment, tear down commercial barriers, and offer economic benefits for all. The New Silk Road and the Northern Distribution Network is a constructive assessment of the conditions and challenges facing this effort that asks and answers the following questions: Is the Northern Distribution network incentivizing regional cooperation and border reforms? Is the Northern Distribution Network helping to fight corruption in Central Asia? Has the Northern Distribution Network made transhipment through Central Asia more efficient? Are ordinary Central Asian citizens benefitting from Northern Distribution Network trade?
Topic:
International Cooperation, International Political Economy, International Trade and Finance, Networks, and Silk Road
Political Geography:
Afghanistan and Central Asia

31. Remaking Bagram: The Creation of an Afghan Internment Regime and the Divide over U.S. Detention Power

Publication Date:
09-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
This report by the Open Society Foundations highlights concerns about the transition of the U.S. detention facility in Bagram, Afghanistan, from U.S. to Afghan control. Remaking Bagram exposes a deep divide between U.S. and Afghan officials on the eve of the planned handover that puts U.S. intentions to maintain detention authority in Afghanistan against the Afghan government’s insistence that Afghans can no longer be detained by the United States on “Afghan soil.” Remaking Bagram, which was released on September 6, also highlights the Afghan government’s efforts to take custody of detainees held by the United States by creating an Afghan internment regime that would detain individuals without trial. Many Afghan legal experts call this new system unconstitutional and have expressed fears that it is susceptible to abuse.
Topic:
Foreign Policy, Military Affairs, Military Intervention, State Building, and Detention
Political Geography:
Afghanistan and United States

32. Twenty Mechanisms for Addressing Torture in Health Care

Author:
Jonathan Cohen and Tamar Ezer
Publication Date:
06-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Health care settings should be places where human rights are realized. Yet, across the world, health systems often serve as venues of punishment, coercion, and violations of basic human rights, sometimes amounting to torture or cruel, inhuman, and degrading treatment. This abuse is especially prevalent in the care of socially marginalized groups—people living with HIV, ethnic minorities, sexual and gender minorities, people who use drugs, and people with intellectual disabilities or mental health problems. There are many national, regional, and international mechanisms designed to promote government accountability and prevent torture and cruel, inhuman, and degrading treatment, yet these mechanisms are rarely applied to health facilities. This manual describes 20 anti-torture mechanisms from the United Nations and African, European, and Inter-American human rights systems and provides illustrative examples on how to use these mechanisms to fight torture in health settings. For each mechanism, the manual explores mandate, procedure, possibilities for engagement, and prior work on torture in health care. The manual also includes a glossary of basic human rights terms. This manual is designed as a resource for organizations that advocate against abuse in health care—including international, regional, and national human rights organizations; groups focused on particular health care abuses; anti-torture groups; and the treaty bodies themselves.
Topic:
HIV/AIDS, Health, Torture, United Nations, Minorities, and Health Care Policy
Political Geography:
Africa, Europe, and Global Focus

33. The European Union and the Right to Community Living

Author:
Luke Clements
Publication Date:
05-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The European Union and its Member States have an obligation to ensure that European taxpayer money in the form of Structural Funds is invested in a manner that respects human rights and fundamental freedoms. These are among the basic values upon which the EU was founded. However, some Member States are acting contrary to EU law by using European money to invest in institutions for people with disabilities rather than developing alternative community-based services that promote community living. Such actions contravene the Convention on the Rights of Persons with Disabilities and violates the fundamental human rights of people with disabilities. This report by the Open Society Foundations features legal analysis from Queen’s Counsel Richard Gordon and examines how the use of Structural Funds to renovate or build institutions is contrary to EU law. The European Commission and its Member States should take actions to ensure that Structural Funds are not used to perpetuate the social exclusion of any European citizen. Topics discussed in the report include: The role of Structural Funds in moving from institutionalization to community living; Key principles of the right to community living and the Convention on the Rights of Persons with Disabilities; The legal framework for Structural Funds investments; EU obligations to combat discrimination and social exclusion; Conclusions and recommendations.
Topic:
Discrimination, Social Cohesion, and Community
Political Geography:
Europe

34. Tools for Change: Applying United Nations standards to secure women’s housing, land, and property rights in the context of HIV

Publication Date:
10-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Developed by the United Nations Development Programme and Open Society Foundations, Tools for Change is an easy-to-use resource for advocates working on women’s housing, land, and property rights in the context of HIV. It brings together relevant international human rights documents and highlights core concepts, rights, and means of enforcement, providing examples of successful advocacy from around the world. Moreover, it draws on the voices of women worldwide to explain these rights and their uses in practical terms. This manual was originally conceived during a strategic meeting on property and inheritance rights as they relate to HIV, held during the 2009 United Nations Commission on the Status of Women, where organizations gathered from around the world. It emerged from the realization that through hard work, advocates have managed to get a number of UN instruments to include protection for women’s housing, land, and property rights, and member states have pledged to abide by them. However, many advocates at the national level do not even know of these international instruments, even though they might be helpful in their work, particularly as governments may not be meeting their international human rights obligations. Advocates need a better understanding of international human rights and government obligations in order to ensure government accountability and advance women’s housing, land, and property rights. This manual seeks to empower advocates working in the context of HIV by making the relevant United Nations standards and interpretations clear and accessible—to make them "tools for change."
Topic:
HIV/AIDS, United Nations, Women, Land, Housing, and Equality
Political Geography:
Global Focus

35. From Funder to Partner? Prospects for the European Neighbourhood Policy's Civil Society Facility

Publication Date:
10-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Arab Spring was a timely reminder to the EU of its own transitions, in particular events post-1989, and how civil society was at the heart of all of them. The EU now intends to foster a “partnership with societies” in its eastern and southern neighborhood, in part by creating a facility to provide dedicated support to ensure civil society organizations can monitor reform and participate effectively in their own national debates. The Open Society Institute-Brussels has assessed current proposals, identified challenges, drawn lessons from experience, and identified six areas that will be integral to an effective Civil Society Facility within the Neighbourhood Policy: Funding for civil society needs to be accompanied by political support for CSOs (e.g. statements and tripartite meetings on pressing issues). In order to build capacity the principle EU actor (the EU delegation in-country) needs capacity of its own. Consultations with CSOs are useful if they are planned, regular and genuine—particularly in-country. Supporting local ownership through channeling funds to existing resources (e.g. providing existing networks with logistics and strategic funding) is more effective than putting in place new, parallel structures. Investing in structures that continue beyond the Facility implementation period (e.g. providing 3-4 year core support to develop CSO institutional capacities or putting in place offices to facilitate civil society-government links) will enable national CSO champions or standard-setters to emerge. Paying close attention to the local CSO sector, political and donor context to better meet needs and avoid supporting either less-relevant issues or government-organized organizations. An engaged and robust civil society which holds governments to account is increasingly both a mechanism and a goal of EU foreign policy. Upgrading the EU's relationship with civil society from benevolent paymaster to a strategic investor in partnerships for change will pay dividends to the societies which are transforming in its neighborhood as well as to the EU itself. For a genuine shift towards a “partnership with societies,” maximum local participation and ownership has to be matched by maximum political and practical commitment from the EU. This could be the essence of a real and mutually beneficial partnership.
Topic:
Civil Society, Regional Cooperation, Governance, European Union, Accountability, and Funding
Political Geography:
Europe

36. European Neighbourhood Policy: Positive Steps and Open Questions

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In the Joint Communication "A New Response to a Changing Neighbourhood," published on May 25, 2011, the European Commission and the European External Action Service have developed some valuable proposals for improving the European Neighbourhood Policy (ENP). In particular, the Joint Communication includes a stronger emphasis on civil society, more differentiation between countries, and greater political steer. It also contains some elements that formed part of previous policy but had not been fully implemented. Reiterated concepts such as visa liberalization, Deep and Comprehensive Free Trade Areas (DCFTA), Comprehensive Institution-Building (CIB) programs, and tackling regional disparities will only gain traction if the EU applies its conditionality more consistently. The Open Society Institute-Brussels has highlighted the positive steps that EU member states should support in their Council Conclusions in June, and noted those elements that remain open questions.
Topic:
International Political Economy, Regional Cooperation, and Trade
Political Geography:
Europe

37. The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians

Publication Date:
09-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
This report from the Open Society Foundations examines how the recent, dramatic increase in night raids by international forces has affected Afghan civilians and fueled even deeper hostility towards such operations. Broader targeting strategies have put more civilians in harm’s way, as have mass, indiscriminate detentions of civilians, leaving Afghans feeling increasingly caught between the two sides of the conflict. Civilian casualties, detentions, cultural offense, property destruction, and lack of accountability continue to provoke popular and political blowback that risks seriously undermining relations with the Afghan government as well as the international community's long-term security and political goals. The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians recommends that international forces: 1) cease targeting noncombatants and the indiscriminate detention of civilians; 2) employ alternative detention methods and law enforcement tactics, particularly whenever detaining non-combatants; and 3) implement reforms to improve transparency and accountability over night raids operations.
Topic:
Military Affairs, Military Intervention, War on Terror, Accountability, Civilians, and Casualties
Political Geography:
Afghanistan

38. Mapping Digital Media: German Public Service Broadcasting and Online Activity

Author:
Johannes Weberling
Publication Date:
10-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Few countries support public service broadcasting more enthusiastically than Germany, where the public service broadcasters (PSBs) are seen as more informal, modern, and entertaining than before, without having lost their reputation for quality. The combined budgets of all the PSBs far exceed the combined advertising revenue of private broadcasters. Yet the PSBs face a demographic threat. Around half of their viewers are over 65 years old, while only 5 percent are under 30. If the PSBs are to safeguard their future, they must attract younger audiences. This means developing services online. At the same time, following private-sector complaints, the European Commission decided the license fee was distorting competition. The PSBs responded with a public value test to assess new services. Debate in this context has centered on two crucial questions: whether or not internet portals and online products fall within the remit of public service broadcasting, and whether PSBs should be allowed to compete for advertising with private media. In this paper, Johannes Weberling explains the German search for an equitable balance between public and private media interests online, in the light of European Union concerns over state aid.
Topic:
Science and Technology, Communications, Media, Public Sector, and Digital Policy
Political Geography:
Europe and Germany

39. Mapping Digital Media: Online Media and Defamation

Author:
Toby Mendel
Publication Date:
04-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The internet is fantastically enabling for the news media, creating previously unimagined possibilities in terms of distribution, audience interaction, and archiving. But it also presents new threats, such as in the area of defamation law, already a significant problem for many media outlets. This paper assesses these problems against international guarantees of freedom of expression and comparative national practice, through both law and self-regulation, highlighting solutions that are more protective of free expression, as well as those that are not. It also probes new ideas such as greater reliance on the right of reply—which the internet enables—and the notion that some spaces on the Internet should be protected against any defamation liability.
Topic:
Communications, Law, Regulation, Media, News Analysis, and Digital Policy
Political Geography:
Global Focus

40. Treated with Cruelty: Abuses in the Name of Rehabilitation

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Campaign to Stop Torture in Health Care, a coalition led by the Open Society Foundations, has published a new report documenting the personal testimonies of men and women who have been detained in drug rehabilitation centers in Cambodia, China, Mexico, and Russia. Each year, thousands of people are locked away in these centers without any real access to medical care or legal recourse. Drug users rarely enter such detention centers voluntarily, and even if they do, they nearly never are allowed to leave at their will. Detention centers often rely on physical abuse, shackles, solitary confinement, and other indignities to "treat" drug addiction and extract labor from the detainees. Moreover, they are often overseen by government authorities, and private companies are allowed to exploit the forced labor inside. Not surprisingly, the vast majority of people quickly return to drug use once they are released from these centers. The report, Treated with Cruelty: Abuses in the Name of Rehabilitation, presents the harrowing personal stories alongside commentary about the human rights that are being denied to the individuals who are locked away. Manfred Nowak, former UN Special Rapporteur on Torture, also adds his voice in an introduction calling for the closure of drug detention facilities.
Topic:
Health, War on Drugs, Law, Drugs, Public Health, and Rehabilitation
Political Geography:
Russia, China, Cambodia, and Mexico