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Publications
CHRGJ Reports
Chronological
Research and Project Area
Detainees and Counter-Terrorism
Gender & Counter-Terrorism
Racial Profiling and Counter-Terrorism
Caste Discrimination
Economic, Social and Cultural Rights
Project on Extrajudicial Executions
Chronological
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CHRGJ announced the release of our latest report CHRGJ Report - Yon Je Louvri: Reducing Vulnerability to Sexual Violence in Haiti
In response to a need expressed by human rights advocates and women’s groups in Haiti, who were among the first to expose abuses being suffered by women and girls in the camps, the Center for Human Rights and Global Justice (CHRGJ) and the Global Justice Clinic (GJC) at New York University School of Law set out to examine the prevalence of sexual violence in IDP camps and the risk factors that were most contributing to it. Drawing on data gathered from a household survey conducted in four IDP camps one year after the earthquake, as well as focus group discussions (FGDs) and interviews with key informants throughout 2011, this Report provides a snapshot of the relationship between violations of economic and social rights in the camps and vulnerability to sexual violence.
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CHRGJ announced the release of our latest report CHRGJ Report - Struggling to Survive: Sexual Exploitation of Displaced Women and Girls in Port au Prince, Haiti
Two years after an earthquake devastated Haiti, a report detailing the impact of sexual exploitation on displaced Haitian women and girls has been released. The report is authored by MADRE, the Commission of Women Victims for Victims (KOFAVIV), the International Women’s Human Rights (IWHR) Clinic at the City University of New York (CUNY) School of Law, the Global Justice Clinic at NYU School of Law (GJC) and the Center for Gender & Refugee Studies at UC Hastings College of the Law (CGRS).
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CHRGJ announced the release of our latest report CHRGJ Report - A Decade Lost: Locating Gender in U.S. Counter-Terrorism. A Decade Lost: Locating Gender in U.S. Counter-Terrorism provides the first global study of how the U.S.
government’s (USG) counter-terrorism efforts profoundly implicate and impact women and sexual
minorities. Over the last decade of the United States’ “War on Terror,” the oft-unspoken assumption
that men suffer the most—both numerically and in terms of the nature of rights violations endured—
has obscured the way women and sexual minorities experience counter-terrorism, rendering their rights
violations invisible to policymakers and the human rights community alike. This failure to consider either
the differential impacts of counter-terrorism on women, men, and sexual minorities or the ways in which
such measures use and affect gender stereotypes and relations cannot continue. As the USG leads a
world-wide trend toward a more holistic approach to countering terrorism that mobilizes the 3Ds—defense,
diplomacy, and development—and increasingly emphasizes the role of women in national security, the
extent to which counter-terrorism efforts include and impact women and sexual minorities is set to rise. As
the ten-year anniversary of the attacks of September 11, 2001 approaches, now is the time for the USG and
governments the world-over to take stock of, redress, and deter the gender-based violations that occur in
a world characterized by the proliferation of terrorism and counter-terrorism and the squeezing of women
and sexual minorities between the two.
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CHRGJ announced the release of our latest report CHRGJ Report - Targeted and Entrapped: Manufacturing the 'Homegrown Threat' in the United States See also versions of the report in Arabic,
Bangla, Farsi, Urdu,and Somali.
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CHRGJ announced the release of our latest report CHRGJ Report - Every Thirty Minutes: Farmer Suicides, Human Rights, and the Agrarian Crisis in India May 11, 2011.
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CHRGJ announced the release of our latest report CHRGJ Report - Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations. The U.S. government’s aggressive use of the immigration system in its counterterrorism efforts discriminates against Muslims and violates international human rights law, said the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law and the Asian American Legal and Education Defense Fund (AALDEF) as they released a Briefing Paper on the issue today. The Briefing Paper, "Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations," exposes the many ways in which U.S. officials take advantage of the lax standards and lack of transparency that mark the immigration system as particularly ripe for abuse.
The Briefing Paper includes a number of case studies that suggest extremely problematic patterns of the U.S. government’s targeting of Muslims through the immigration system. The Briefing Paper details how the U.S. government is:
•Making unsubstantiated terrorism-related allegations against Muslim immigrants without bringing official charges in cases involving ordinary immigration violations.
•Subjecting Muslim immigrants to detention in cases involving minor violations that, ordinarily, do not entail detention.
•Imposing flimsy immigration charges—such as false statement charges for failure to disclose tenuous ties to Muslim charitable organizations—in a manner that targets Muslim immigrants for religious and political activities and affiliations.
•Applying overbroad statutory language of the terrorism bar provisions of the Immigration and Nationality Act (INA) to remove, bar, and detain Muslims.
•Relying on vulnerable immigration status to coerce Muslim immigrants to become informants for federal law enforcement officials.
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CHRGJ announced the release of the CHRGJ Report - Sexual Violence in Haiti's IDP Camps: Results of a Household Survey. In January 2011, the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law
conducted a survey of households in four camps for internally displaced persons (IDPs) in and
around Port-au-Prince, Haiti. This briefing paper presents preliminary data from the survey,
focusing on reported incidents of sexual violence. An alarming 14% of households surveyed
reported that, since the earthquake, one or more members of their household had been victimized
by rape or unwanted touching or both.
CHRGJ will publish its complete results,
in-depth analysis of the connections between gender-based violence and violations of the right to
food and water, and recommendations in a report later in 2011.
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Sak Vid Pa Kanpe: The Impact of U.S. Food Aid on Human Rights in Haiti (2010)
CHRGJ announced the release of our latest report Sak Vid Pa Kanpe: The Impact of U.S. Food Aid on Human Rights in Haiti. The title of this report draws on a Haitian proverb which laments that a sack cannot stand if it is empty—a powerful metaphor for the importance of food and sustenance to one’s capacity to “stand” and function. Living in the most impoverished nation in the Western Hemisphere, the Haitian people know all too well how vital access to food is to their daily survival. However, many Haitians have also experienced the unintended negative consequences of U.S. food aid programs. While these programs often help people in times of crisis, many also run afoul of the human right to food by undermining the local economy, eroding agricultural self-reliance, and failing to include Haitians in their design and implementation. This report presents the findings of a study on the right to food in Haiti jointly undertaken by four organizations--the Center for Human Rights and Global Justice at NYU School of Law, Partners In Health, the RFK Center for Justice and Human Rights, and Zanmi Lasante--based on a survey undertaken in the town of Hinche and additional desk research and interviews.
This report draws on both human rights and public health methodologies to assess the impact of food aid programs on the right to food in Hinche. It finds that while U.S. food aid may provide nourishment to many people, the way in which it is procured, delivered, and administered often interferes with Haitians’ human rights by failing to improve long-term food security. The report sets out concrete recommendations calling on the U.S. government to transform food aid in accordance with human rights principles so that food in Haiti is: economically and physically accessible; adequate in quantity, quality, and nutrition; culturally acceptable; available; and sustainable. At a time when the Haitian people are facing the monumental task of rebuilding their country after the devastating January 12, 2010 earthquake, it is vital that donor countries and NGOs adopt approaches that advance and respect Haitians’ human rights. Only then will U.S. policy respond to the Haitian people as they “stand up” and lead themselves into a more promising future.
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Foreign Land Deals and Human Rights: Case Studies on Agricultural and Biofuel Investment (2010)
Companies and states investing in large-scale land deals must be held to standards of transparency and accountability to ensure that these deals do not threaten human rights and food security, said the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law in a report released at a public launch today.
The 118-page Report, Foreign Land Deals and Human Rights: Case Studies on Agricultural and Biofuel Investment, examines both the immediate and anticipated impacts of large-scale land deals on the fulfillment of human rights in host communities. Based on a year-long study, the Report includes four case studies that evaluate, in unprecedented detail, investments in biofuels, food crops, timber, and carbon credits in Tanzania, Sudan, Mali, and Pakistan—countries that suffer from acute poverty, food insecurity, and in some cases, are still in fragile, post-crisis transitions. According to the Report, these factors heighten the risk of serious human rights consequences for the host communities of these investments, which makes the call for transparency and regulation all the more urgent.
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Beyond Borders: Exploring Links between Trafficking, Globalisation, and Security (2010)
The Global Alliance Against Traffic in Women (GAATW) was launched in 1994 by a group of women’s rights activists looking for answers to simple questions: Why do women migrate? Why do some of them end up in exploitative situations? What types of jobs are they entering into? Which human rights are being violated before, during, and after their journey? How are they showing resistance to abuses and achieving their migratory goals? Answering these questions became a collaborative effort involving countless organisations and individuals over the years, and contributed to creating a more sophisticated anti-trafficking framework.
This anti-trafficking framework has in many cases contributed to protecting the rights of trafficked persons. However, excessive focus on the issue of human trafficking over the last several years has also tended to ignore other related phenomena, such as people’s experiences in migration and work. Consequently, anti-trafficking has become somewhat isolated from its context and is now a highly specialised field. Such specialisation does occur in every field of knowledge and is to some extent necessary. Yet, there is a danger in trying to address the problem of human trafficking without understanding the changing context of labour and migration in a rapidly globalising world.
Over the last two years, GAATW has tried to address this specialization through different means. One of them has been to work on this series of Working Papers, which explores links between trafficking and migration; trafficking and labour; trafficking and gender; and trafficking, globalisation, and security. These Working Papers look at which broader understandings are most relevant for anti-trafficking advocates, such as: Why do labour rights matter for trafficked persons? How do states’ security measures affect women’s movement through territories and borders?
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Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution
Nepal’s Constituent Assembly (CA) must immediately address critical gaps in proposals for its new Constitution and ensure the fundamental rights of all Nepalese people, said the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law in a new report released today. The report’s release coincides with the CA’s preparation of the first full draft of the new Constitution based on proposals from Thematic Committees of the CA.
The report, Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution, analyzes proposals for Nepal’s new Constitution and provides Nepalese lawmakers with a clear roadmap for ensuring that the country lives up to its human rights obligations. This includes recommendations for translating Nepal’s commitment to eradicating caste-based discrimination against Dalits—a group that has faced more than 2,000 years of systematic exclusion and discrimination—into a legal reality.
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Transnational Corporations and the Right to Food
In recognition of World Food day, the Center for Human Rights and Global Justice at NYU School of Law is proud to make public the report Transnational Corporations and the Right to Food. This paper was authored by the group Law Students for Human Rights at NYU School of Law, under the guidance and direction of the CHRGJ and Faculty Director Smita Narula, who in fall 2008 accepted an appointment to be part of the Advisory Board to the mandate of the UN Special Rapporteur on the Right to Food, Olivier de Schutter.
This paper was prepared in Spring 2009 at the Special Rapporteur's request with the aim of informing a multi-stakeholder consultation he convened in June 2009 in Berlin, Germany on the role of the agribusiness sector in the realization of the right to food. The student authors--Aaron Bloom, Colleen Duffy, Monica Iyer, Aaron Jacobs-Smith, and Laura Moy--worked closely with CHRGJ's 2008-09 Center Fellow Lama Fakih, who attended the June consultation alongside the Special Rapporteur. The Center continues to work closely with Mr. de Schutter in support of his mandate and has made it a project for its 2009-10 International Human Rights Clinic.
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On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation (2008)
Based on publicly available information, On the Record aggregates a wide range of disclosures on U.S. rendition, secret detention, and coercive interrogation activities. It includes statements by current U.S. officials and a plethora of other publicly available information from foreign government officials, former U.S. officials, the media, inter-governmental organizations, human rights organizations, and former detainees and rendered individuals themselves. As an informational resource, this report sheds light both on what has been revealed and what has been obscured by the U.S. government, underlining both the selectivity and undue secrecy informing what it chooses to disclose on the record.
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Rights Groups Launch Groundbreaking Report on Right to Water in Haiti (2008)
Lack of access to clean water in Haiti has devastating health consequences and constitutes a clear violation of Haitians’ right to water according to both domestic and international legal obligations, claims a new report released today by the Center for Human Rights and Global Justice (CHRGJ), Partners In Health (PIH), the Robert F. Kennedy Memorial Center (RFK Center), and Zanmi Lasante. The release of the report, “Wòch nan Soley: The Denial of the Right to Water in Haiti,” comes just months after public outrage over rising food prices led to a full-blown political crisis in Haiti.
The 87-page report—which combines health and water data gathered on the ground in Haiti, legal analysis, and discussion of the historical context—presents the findings of a joint project conducted by the groups, who worked together to research, author, and release it. The groups used human rights and public health methodologies to assess the right to water in Haiti by surveying community members, testing water sources, and meeting with community leaders and government officials.
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Groundbreaking Report on Caste Discrimination in Nepal (2008)
Nepal’s new constitution must recognize and protect the fundamental human rights of Dalits, says a new report released today by the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law. The report was released on the heels of Nepal’s historic Constituent Assembly elections held on April 10, 2008.
The 89-page report Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution analyzes Nepal’s Interim Constitution to inform how the new constitution may be drafted in accordance with the country’s international human rights obligations to secure the rights of Dalits—a group which has faced more than 2000 years of systematic discrimination on the basis of caste. As Nepal prepares its new constitution after years of prolonged civil war, Recasting Justice provides Nepalese lawmakers with tangible means to demonstrate the country’s commitment to the inherent dignity and human rights of all individuals.
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On the Margins of Profit: Rights at Risk in the Global Economy (2008)
People in countries across the world are regularly harmed when businesses fail to respect basic human rights, according to a new report by Human Rights Watch and the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law.
The clear evidence of widespread abuse and government inaction detailed in the report shows that global standards are needed to ensure that corporate conduct respects internationally recognized human rights.
The 53-page report, On the Margins of Profit: Rights at Risk in the Global Economy, was jointly prepared by Human Rights Watch and the Center for Human Rights and Global Justice. It illustrates how everyday business decisions have significant implications for the human rights of workers, local communities, suppliers, and consumers.
Press Release
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Surviving the Darkness: Testimony from the U.S. “Black Sites” (2007)
Surviving the Darkness is the narrative of Mohamed Farag Ahmad Bashmilah, a Yemeni national who spent more than a year and a half in the CIA’s secret detention program. Mr. Bashmilah, along with four other individuals, is a plaintiff in an ACLU lawsuit against Jeppesen Dataplan, Inc.—a subsidiary of the Boeing Corporation—alleging that Jeppesen provided flight services enabling the transfer of Bashmilah and the four other plaintiffs to secret CIA detention centers around the world.
On October 19, 2007, the U.S. government filed motions to intervene and dismiss the action or, in the alternative, for summary judgment on the basis that the case concerns state secrets. On December 14, 2007, Bashmilah’s account—alongside a legal memorandum and the accounts of other plaintiffs in the suit—was filed by the ACLU in support of the plaintiffs’ opposition to the government’s motion.
Press release
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"Off the Record": U.S. Responsibility for Enforced Disappearances in the "War on Terror" (2007)
The 21-page report, titled 'Off the Record': U.S. Responsibility for Enforced Disappearances in the "War on Terror," - drafted by Amnesty International, Cageprisoners, the Center for Constitutional Rights (CCR), the Center for Human Rights and Global Justice, Human Rights Watch, and Reprieve - provides new names of missing detainees, new information about those known to be disappeared, and names relatives of suspects who were themselves detained in secret prisons, including children as young as seven.
Press release
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Americans on Hold: Profiling, Citizenship, and the "War on Terror" (2007)
The 63-page report documents the impact of expanded security checks on the lives of those experiencing citizenship delays, often for years on end. The report analyzes these delays and their impact within an international human rights framework, and offers specific policy recommendations to help end discrimination in access to citizenship and other human rights violations.
Press release
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Hidden Apartheid: Caste Discrimination Against India's "Untouchables"(2007)
The 113-page report was produced as a “shadow report” in response to India’s submission to the United Nations Committee on the Elimination of Racial Discrimination, which monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee will review India’s compliance with the Convention during hearings in Geneva on February 23 and 26. The report was prepared by NYU School of Law's International Human Rights Clinic. Faculty Director Professor Smita Narula, Research Director Jayne Huckerby and Clinic students will present the report's findings in Geneva.
Press release
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Irreversible Consequences: Racial Profiling and Lethal Force in the "War on Terror" (2006)
This 71-page report critiques two trends in "shoot-to-kill" policies that are embodied in Training Keys issued by the International Association of Chiefs of Police (IACP): the use of certain behavioral and other indicators to detect a suicide bomber that act as proxies for religious, racial, ethnic and nationality profiling; and removal of the usual safeguards that attach to the use of force when responding to the threat of suicide bombers.
Press release
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By the Numbers: Findings of the Detainee Abuse and Accountability Project (2006) (with Human Rights Watch and Human Rights First)
This 31-page report presents preliminary findings of the Detainee Abuse and Accountability Project, a joint project of the Center, Human Rights Watch and Human Rights First. The project is the first comprehensive accounting of credible allegations of torture and abuse in U.S. custody in Iraq, Afghanistan and Guantánamo. By April 2006, the project had collected hundreds of allegations of detainee abuse occurring since late 2001- allegations implicating more than 600 U.S. military and civilian personnel and involving more than 460 detainees. This ongoing project is also tracking criminal and administrative measures taken to punish abusers.
Press release
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Enabling Torture: International Law Applicable to State Participation in the Unlawful Activities of Other States (2006)
This 28-page report outlines the factual allegations of other countries’ involvement in U.S. activities; considers when and where a state’s human rights obligations apply; comprehensively assesses the role of international aviation law; outlines a state’s primary human rights obligations; and identifies when a state will be derivatively responsible for acts of another State.
Press release
The findings of this report have been cited by key actors, including Amnesty International.
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Fate and Whereabouts Unknown: Detainees in the "War on Terror" (2005)
This 34-page report provides the names and detailed backgrounds of 28 individuals who may be held in U.S. secret sites. The 28 include well-known terrorism suspects such as Ramzi Binalshibh and Khalid Sheikh Mohammed, as well as individuals who have not been widely reported as among those "disappeared," including Suleiman Abdalla, Abu Naseem, and Aafia Siddiqui.
The report also draws attention to the connections between extraordinary renditions and disappearances.
Press release
The findings of this report have been cited by key actors, including Amnesty International; the Council of Europe and Human Rights First
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Torture by Proxy: International Law Applicable to "Extraordinary Renditions" (2005)
This 11-page report was prepared for the U.K. All Party Parliamentary Group on Extraordinary Rendition for distribution to members of the U.K. Parliament. It defines extraordinary rendition; provides examples of the practice; outlines how extraordinary rendition violates international human rights, humanitarian, and refugee law; identifies the international law obligations of States with regard to acts of extraordinary rendition by other States; and explains the extent to which international law applies in the "War on Terror."
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The Missing Piece of the Puzzle: Caste Discrimination and the Conflict in Nepal (2005)
This 65-page report charges that caste discrimination is both a root cause and insidious consequence of the conflict in Nepal. This report was released during the meeting of the U.N. Sub-Commission on the Promotion and Protection of Human Rights and its findings have been cited by key actors, including the Representative of the United Nations High Commissioner for Human Rights in Nepal.
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Beyond Guantánamo: Transfers to Torture One Year After Rasul v. Bush (2005)
This 30-page report released on the anniversary of the Supreme Court decision in Rasul v. Bush reveals and examines the strategies that the Administration employs to keep detainees outside the ambit of the U.S. legal system. These strategies include extraordinary rendition, "reverse rendition," and transfers into secret detention.
Case Summary Annex.
Press release
The findings of this report have been cited by key actors, including The American Civil Liberties Union (ACLU); Center for Constitutional Rights; Council of Europe; and Human Rights First.
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Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions" (2004) (with Association of the Bar of the City of New York)
This 131-page report presents a synopsis of alleged instances of extraordinary rendition; an in-depth analysis of applicable domestic and international legal standards; and concludes that extraordinary renditions are contrary to U.S. and international laws and policy. This report contributed to legislative efforts to end rendition.
Press release
The findings of this report have been cited by key actors, including ACLU; Center for Constitutional Rights; Council of Europe; and Human Rights First.
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Research and Project Area
Detainees and Counter-Terrorism
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On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation
Based on publicly available information, On the Record aggregates a wide range of disclosures on U.S. rendition, secret detention, and coercive interrogation activities. It includes statements by current U.S. officials and a plethora of other publicly available information from foreign government officials, former U.S. officials, the media, inter-governmental organizations, human rights organizations, and former detainees and rendered individuals themselves. As an informational resource, this report sheds light both on what has been revealed and what has been obscured by the U.S. government, underlining both the selectivity and undue secrecy informing what it chooses to disclose on the record.
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Surviving the Darkness: Testimony from the U.S. “Black Sites” (2007)
Surviving the Darkness is the narrative of Mohamed Farag Ahmad Bashmilah, a Yemeni national who spent more than a year and a half in the CIA’s secret detention program. Mr. Bashmilah, along with four other individuals, is a plaintiff in an ACLU lawsuit against Jeppesen Dataplan, Inc.—a subsidiary of the Boeing Corporation—alleging that Jeppesen provided flight services enabling the transfer of Bashmilah and the four other plaintiffs to secret CIA detention centers around the world.
On October 19, 2007, the U.S. government filed motions to intervene and dismiss the action or, in the alternative, for summary judgment on the basis that the case concerns state secrets. On December 14, 2007, Bashmilah’s account—alongside a legal memorandum and the accounts of other plaintiffs in the suit—was filed by the ACLU in support of the plaintiffs’ opposition to the government’s motion.
Press release
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"Off the Record": U.S. Responsibility for Enforced Disappearances in the "War on Terror" (2007)
The 21-page report, titled 'Off the Record': U.S. Responsibility for Enforced Disappearances in the "War on Terror," - drafted by Amnesty International, Cageprisoners, the Center for Constitutional Rights (CCR), the Center for Human Rights and Global Justice, Human Rights Watch, and Reprieve - provides new names of missing detainees, new information about those known to be disappeared, and names relatives of suspects who were themselves detained in secret prisons, including children as young as seven.
Press release
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By the Numbers: Findings of the Detainee Abuse and Accountability Project (2006) (with Human Rights Watch and Human Rights First)
This 31-page report presents preliminary findings of the Detainee Abuse and Accountability Project, a joint project of the Center, Human Rights Watch and Human Rights First. The project is the first comprehensive accounting of credible allegations of torture and abuse in U.S. custody in Iraq, Afghanistan and Guantánamo. By April 2006, the project had collected hundreds of allegations of detainee abuse occurring since late 2001- allegations implicating more than 600 U.S. military and civilian personnel and involving more than 460 detainees. This ongoing project is also tracking criminal and administrative measures taken to punish abusers.
Press release
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Enabling Torture: International Law Applicable to State Participation in the Unlawful Activities of Other States (2006)
This 28-page report outlines the factual allegations of other countries’ involvement in U.S. activities; considers when and where a state’s human rights obligations apply; comprehensively assesses the role of international aviation law; outlines a state’s primary human rights obligations; and identifies when a state will be derivatively responsible for acts of another State.
Press release
The findings of this report have been cited by key actors, including Amnesty International.
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Fate and Whereabouts Unknown: Detainees in the "War on Terror" (2005)
This 34-page report provides the names and detailed backgrounds of 28 individuals who may be held in U.S. secret sites. The 28 include well-known terrorism suspects such as Ramzi Binalshibh and Khalid Sheikh Mohammed, as well as individuals who have not been widely reported as among those "disappeared," including Suleiman Abdalla, Abu Naseem, and Aafia Siddiqui.
The report also draws attention to the connections between extraordinary renditions and disappearances.
Press release
The findings of this report have been cited by key actors, including Amnesty International; the Council of Europe and Human Rights First
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Torture by Proxy: International Law Applicable to "Extraordinary Renditions" (2005)
This 11-page report was prepared for the U.K. All Party Parliamentary Group on Extraordinary Rendition for distribution to members of the U.K. Parliament. It defines extraordinary rendition; provides examples of the practice; outlines how extraordinary rendition violates international human rights, humanitarian, and refugee law; identifies the international law obligations of States with regard to acts of extraordinary rendition by other States; and explains the extent to which international law applies in the "War on Terror."
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Beyond Guantánamo: Transfers to Torture One Year After Rasul v. Bush (2005)
This 30-page report released on the anniversary of the Supreme Court decision in Rasul v. Bush reveals and examines the strategies that the Administration employs to keep detainees outside the ambit of the U.S. legal system. These strategies include extraordinary rendition, "reverse rendition," and transfers into secret detention.
Case Summary Annex.
Press release
The findings of this report have been cited by key actors, including The American Civil Liberties Union (ACLU); Center for Constitutional Rights; Council of Europe; and Human Rights First.
|
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Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions" (2004) (with Association of the Bar of the City of New York)
This 131-page report presents a synopsis of alleged instances of extraordinary rendition; an in-depth analysis of applicable domestic and international legal standards; and concludes that extraordinary renditions are contrary to U.S. and international laws and policy. This report contributed to legislative efforts to end rendition.
Press release
The findings of this report have been cited by key actors, including ACLU; Center for Constitutional Rights; Council of Europe; and Human Rights First.
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Gender & Counter-Terrorism
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Beyond Borders: Exploring Links between Trafficking, Globalisation, and Security (2010)
The Global Alliance Against Traffic in Women (GAATW) was launched in 1994 by a group of women’s rights activists looking for answers to simple questions: Why do women migrate? Why do some of them end up in exploitative situations? What types of jobs are they entering into? Which human rights are being violated before, during, and after their journey? How are they showing resistance to abuses and achieving their migratory goals? Answering these questions became a collaborative effort involving countless organisations and individuals over the years, and contributed to creating a more sophisticated anti-trafficking framework.
This anti-trafficking framework has in many cases contributed to protecting the rights of trafficked persons. However, excessive focus on the issue of human trafficking over the last several years has also tended to ignore other related phenomena, such as people’s experiences in migration and work. Consequently, anti-trafficking has become somewhat isolated from its context and is now a highly specialised field. Such specialisation does occur in every field of knowledge and is to some extent necessary. Yet, there is a danger in trying to address the problem of human trafficking without understanding the changing context of labour and migration in a rapidly globalising world.
Over the last two years, GAATW has tried to address this specialization through different means. One of them has been to work on this series of Working Papers, which explores links between trafficking and migration; trafficking and labour; trafficking and gender; and trafficking, globalisation, and security. These Working Papers look at which broader understandings are most relevant for anti-trafficking advocates, such as: Why do labour rights matter for trafficked persons? How do states’ security measures affect women’s movement through territories and borders?
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Racial Profiling and Counter-Terrorism
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Americans on Hold: Profiling, Citizenship, and the "War on Terror" (2007)
The 63-page report documents the impact of expanded security checks on the lives of those experiencing citizenship delays, often for years on end. The report analyzes these delays and their impact within an international human rights framework, and offers specific policy recommendations to help end discrimination in access to citizenship and other human rights violations.
Press release
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Irreversible Consequences: Racial Profiling and Lethal Force in the "War on Terror" (2006)
This 71-page report critiques two trends in "shoot-to-kill" policies that are embodied in Training Keys issued by the International Association of Chiefs of Police (IACP): the use of certain behavioral and other indicators to detect a suicide bomber that act as proxies for religious, racial, ethnic and nationality profiling; and removal of the usual safeguards that attach to the use of force when responding to the threat of suicide bombers.
Press release
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Caste Discrimination
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Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution
Nepal’s Constituent Assembly (CA) must immediately address critical gaps in proposals for its new Constitution and ensure the fundamental rights of all Nepalese people, said the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law in a new report released today. The report’s release coincides with the CA’s preparation of the first full draft of the new Constitution based on proposals from Thematic Committees of the CA.
The report, Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution, analyzes proposals for Nepal’s new Constitution and provides Nepalese lawmakers with a clear roadmap for ensuring that the country lives up to its human rights obligations. This includes recommendations for translating Nepal’s commitment to eradicating caste-based discrimination against Dalits—a group that has faced more than 2,000 years of systematic exclusion and discrimination—into a legal reality.
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Groundbreaking Report on Caste Discrimination in Nepal (2008)
Nepal’s new constitution must recognize and protect the fundamental human rights of Dalits, says a new report released today by the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law. The report was released on the heels of Nepal’s historic Constituent Assembly elections held on April 10, 2008.
The 89-page report Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution analyzes Nepal’s Interim Constitution to inform how the new constitution may be drafted in accordance with the country’s international human rights obligations to secure the rights of Dalits—a group which has faced more than 2000 years of systematic discrimination on the basis of caste. As Nepal prepares its new constitution after years of prolonged civil war, Recasting Justice provides Nepalese lawmakers with tangible means to demonstrate the country’s commitment to the inherent dignity and human rights of all individuals.
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Hidden Apartheid: Caste Discrimination Against India's "Untouchables"(2007)
The 113-page report was produced as a “shadow report” in response to India’s submission to the United Nations Committee on the Elimination of Racial Discrimination, which monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee will review India’s compliance with the Convention during hearings in Geneva on February 23 and 26. The report was prepared by NYU School of Law's International Human Rights Clinic. Faculty Director Professor Smita Narula, Research Director Jayne Huckerby and Clinic students will present the report's findings in Geneva.
Press release
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The Missing Piece of the Puzzle: Caste Discrimination and the Conflict in Nepal (2005)
This 65-page report charges that caste discrimination is both a root cause and insidious consequence of the conflict in Nepal. This report was released during the meeting of the U.N. Sub-Commission on the Promotion and Protection of Human Rights and its findings have been cited by key actors, including the Representative of the United Nations High Commissioner for Human Rights in Nepal.
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Economic, Social and Cultural Rights
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Sak Vid Pa Kanpe: The Impact of U.S. Food Aid on Human Rights in Haiti (2010)
CHRGJ announced the release of our latest report "Sak Vid Pa Kanpe: The Impact of U.S. Food Aid on Human Rights in Haiti." The title of this report draws on a Haitian proverb which laments that a sack cannot stand if it is empty—a powerful metaphor for the importance of food and sustenance to one’s capacity to “stand” and function. Living in the most impoverished nation in the Western Hemisphere, the Haitian people know all too well how vital access to food is to their daily survival. However, many Haitians have also experienced the unintended negative consequences of U.S. food aid programs. While these programs often help people in times of crisis, many also run afoul of the human right to food by undermining the local economy, eroding agricultural self-reliance, and failing to include Haitians in their design and implementation. This report presents the findings of a study on the right to food in Haiti jointly undertaken by four organizations--the Center for Human Rights and Global Justice at NYU School of Law, Partners In Health, the RFK Center for Justice and Human Rights, and Zanmi Lasante--based on a survey undertaken in the town of Hinche and additional desk research and interviews.
This report draws on both human rights and public health methodologies to assess the impact of food aid programs on the right to food in Hinche. It finds that while U.S. food aid may provide nourishment to many people, the way in which it is procured, delivered, and administered often interferes with Haitians’ human rights by failing to improve long-term food security. The report sets out concrete recommendations calling on the U.S. government to transform food aid in accordance with human rights principles so that food in Haiti is: economically and physically accessible; adequate in quantity, quality, and nutrition; culturally acceptable; available; and sustainable. At a time when the Haitian people are facing the monumental task of rebuilding their country after the devastating January 12, 2010 earthquake, it is vital that donor countries and NGOs adopt approaches that advance and respect Haitians’ human rights. Only then will U.S. policy respond to the Haitian people as they “stand up” and lead themselves into a more promising future.
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Foreign Land Deals and Human Rights: Case Studies on Agricultural and Biofuel Investment (2010)
Companies and states investing in large-scale land deals must be held to standards of transparency and accountability to ensure that these deals do not threaten human rights and food security, said the Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law in a report released at a public launch today.
The 118-page Report, Foreign Land Deals and Human Rights: Case Studies on Agricultural and Biofuel Investment, examines both the immediate and anticipated impacts of large-scale land deals on the fulfillment of human rights in host communities. Based on a year-long study, the Report includes four case studies that evaluate, in unprecedented detail, investments in biofuels, food crops, timber, and carbon credits in Tanzania, Sudan, Mali, and Pakistan—countries that suffer from acute poverty, food insecurity, and in some cases, are still in fragile, post-crisis transitions. According to the Report, these factors heighten the risk of serious human rights consequences for the host communities of these investments, which makes the call for transparency and regulation all the more urgent.
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Transnational Corporations and the Right to Food
In recognition of World Food day, the Center for Human Rights and Global Justice at NYU School of Law is proud to make public the report Transnational Corporations and the Right to Food. This paper was authored by the group Law Students for Human Rights at NYU School of Law, under the guidance and direction of the CHRGJ and Faculty Director Smita Narula, who in fall 2008 accepted an appointment to be part of the Advisory Board to the mandate of the UN Special Rapporteur on the Right to Food, Olivier de Schutter.
This paper was prepared in Spring 2009 at the Special Rapporteur's request with the aim of informing a multi-stakeholder consultation he convened in June 2009 in Berlin, Germany on the role of the agribusiness sector in the realization of the right to food. The student authors--Aaron Bloom, Colleen Duffy, Monica Iyer, Aaron Jacobs-Smith, and Laura Moy--worked closely with CHRGJ's 2008-09 Center Fellow Lama Fakih, who attended the June consultation alongside the Special Rapporteur. The Center continues to work closely with Mr. de Schutter in support of his mandate and has made it a project for its 2009-10 International Human Rights Clinic.
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Rights Groups Launch Groundbreaking Report on Right to Water in Haiti (2008)
Lack of access to clean water in Haiti has devastating health consequences and constitutes a clear violation of Haitians’ right to water according to both domestic and international legal obligations, claims a new report released today by the Center for Human Rights and Global Justice (CHRGJ), Partners In Health (PIH), the Robert F. Kennedy Memorial Center (RFK Center), and Zanmi Lasante. The release of the report, “Wòch nan Soley: The Denial of the Right to Water in Haiti,” comes just months after public outrage over rising food prices led to a full-blown political crisis in Haiti.
The 87-page report—which combines health and water data gathered on the ground in Haiti, legal analysis, and discussion of the historical context—presents the findings of a joint project conducted by the groups, who worked together to research, author, and release it. The groups used human rights and public health methodologies to assess the right to water in Haiti by surveying community members, testing water sources, and meeting with community leaders and government officials.
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On the Margins of Profit: Rights at Risk in the Global Economy (2008)
People in countries across the world are regularly harmed when businesses fail to respect basic human rights, according to a new report by Human Rights Watch and the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law.
The clear evidence of widespread abuse and government inaction detailed in the report shows that global standards are needed to ensure that corporate conduct respects internationally recognized human rights.
The 53-page report, On the Margins of Profit: Rights at Risk in the Global Economy, was jointly prepared by Human Rights Watch and the Center for Human Rights and Global Justice. It illustrates how everyday business decisions have significant implications for the human rights of workers, local communities, suppliers, and consumers.
Press Release
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Project on Extrajudicial Executions
Recent Reports of the Special Rapporteur
Fact-Finding Missions
Mission to Nigeria
Mission to Sri Lanka
Legal Observations
Accountability for violations of the right to life in armed conflict and occupation
'Shoot to kill' policies
Transparency and the imposition of the death penalty
Violations of the right to life in armed conflict and internal strife
Violations of the right to life by non-State actors
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