Human Rights Journal Volume 5 • Issue 1
Human Rights Journal
University of Leeds A Multidisciplinary Undergraduate Journal
Human Rights Journal Team Editor-in-Chief Managing Editors
Ruth Butler ` Sophie Coyle and Lara Stanley
Peer Reviewers
Rosa Morahan Liam Etheridge Mailies Fleming Maria Stankiewicz Abhaya Ganashree Claudia Broadhead Hannah Greaves Mirella Cooper Eleanor Gaffney Olivia Gray
Online Co-ordinator
Jenny Hay
Published by
University of Leeds Print Bureau
Designed by
Camila Castaneda Lopez
4
UNIVERSITY OF LEEDS
Letter From The Editor Dear Readers, Welcome to Volume 5, Issue 1, of the University of Leeds Human Rights Journal. I hope you enjoy reading the brilliant work that has been produced by our peers as much as I have. I would firstly like to thank the Editorial Team for their commitment to the journal this year. Without the Managing Editors, Peer Reviewers, Graphic Designer and Online Co-ordinator, the journal would not have come into fruition. Thank you for your brilliant work ethic and passion for the journal’s message. The HRJ’s purpose, as the only undergraduate journal of its kind in the country, is to create a unique platform for students to discuss human rights issues through academic or creative work. In doing so, it is hoped that the journal will stimulate discussions about the issues found within. I have had the privilege of working on the Editorial Board for two years now and the HRJ has subsequently been an important feature of my university experience. It has been hugely rewarding and I believe that it will only continue to grow bigger and better in the future. This year’s journal consists of work from students of History, English, Law, Politics, French and International Development and Geographical Science. This diversity of subjects is what makes the journal so special. This year we were overwhelmed 5
with the number of submissions we received and I would like to thank all those who submitted for the time and effort they put into their pieces and for the support they gave the journal. Whether academic or creative, the submissions have dealt with a whole host of topics. The quantity and quality of the submissions highlights the talent of the students at Leeds. The funding for this year’s journal was provided by the Faculty of ESSL. I would especially like to thank the faculty’s Dean, Jeremy Higham for his continued support of the journal. Without such funding, it would not be possible to bring the HRJ to life. I would also like to extend my thanks to Miranda Butler for the time she gave to the journal and the unique perspective she has given this edition. Positions for next year’s Editorial Team open in May. Please contact us at hrj@leeds.ac.uk if you are interested in applying. Ruth Butler Editor-in-Chief, 2016-2017
6
7
Contributors Academic
Creative
Kannen Ramsamy
Angus Ross
Politics (Third Year)
History (Third Year)
Ruth Butler
Boluwatife Kusoro
International History
English Literature (First Year)
and Politics (Third Year)
Claire McQue
Claudia Broadhead
English and French
English Literature and History
(Fourth Year)
of Art (Second Year)
Sophie Coyle
Olivia Gray
Geological Science
French and International
(Fourth Year)
Development (Third Year)
Richard Griffin History (First Year)
8
Contents
Policing The Border Between Politics And International Law The EU-Turkey Refugee deal
13
Miranda Butler
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment
19
Claudia Broadhead
Does Pornography Harm Women?
28
Kannen Ramsamy
For the protection of ‘true’ human rights: A totalitarian regime on the Korean peninsula
41
Richard Griffin
Why did the Ebola epidemic have such a devastating impact in Sierra Leone?
50
Olivia Gray
The Unrecognised Genocide: ‘By-products’ and the Armenians Ruth Butler
9
72
Acts of Compassion: Engaging with an Afghan Refugee’s Narrative
83
Claire McQue
Reconciling Israel-Palestine: Lessons from Northern Ireland
92
Angus Ross
Tree Prologue
100
Boluwatife Kusoro
104
Children of Myanmar Sophie Coyle
Human Rights On Your Doorstep All Hallows Church, Hyde Park: A True ‘Leap of Faith’ Sophie Coyle
10
110
UNIVERSITY OF LEEDS
11
HUMAN RIGHTS JOURNAL
Policing The Border Between Politics And International Law The Eu-Turkey Refugee Deal
have been implemented, with varying success, to provide asylum for some
Miranda Butler 3 Hare Court Chambers
of the most vulnerable people on the planet. However, the EU’s pusillanimous response to the refugee crisis has threatened to weaken and undermine the Convention. In particular, the deal signed between the EU and Turkey in March 2016 has jeopardised
1. The ground-breaking 1951 Refugee
international
Convention forms the basis of the
commitment
to
the
cornerstone of the Convention, the
modern law of refugee protection. It
principle of non-refoulement.
sets out the rights to which refugees are entitled and the principles to be
3. This EU – Turkey deal must be
applied in determining whether an
seen against the backdrop of what is
asylum seeker should be recognised as
arguably the greatest refugee crisis in
a refugee. Today it is still the bedrock of
history. Although migration into the EU
international refugee protection. At its
had been steadily increasing for some
heart is the principle of non-refoulement,
time, refugee arrivals into Europe began
which asserts that a refugee must not be
to increase markedly in 2015 as a result of
returned to a country where they have a
wars in Syria, Somalia, Sudan, Libya and
well-founded fear of being persecuted.
elsewhere. The EU’s legal structure for
Without this principle, the Convention
the reception and allocation of refugees
2. The legal protections enunciated
the numbers arriving every day.
by
the
Convention
quickly began to creak under the strain of have
been
4. Greece, already suffering from
acknowledged by most nations and
12
VOLUME 1 ISSUE 5
would be meaningless.
MIRANDA BUTLER
Policing The Border Between Politics And International Law The Eu-Turkey Refugee Deal
UNIVERSITY OF LEEDS
the effects of austerity, has received
the greatest burden on Greece, Italy
the largest number of refugees. This
and Hungary as they are closest to the
is in large part due to its border with
countries from which refugees are fleeing.
Turkey. Turkey’s position between the
Against a backdrop of rising xenophobia
Middle East and Europe means that
and nationalism, EU member states
it is widely used as a route for those
not on the borders of the Union were
asylum seekers, refugees and migrants
reluctant to increase their own intake of
wishing to come to Europe. As the
refugees. In the aftermath of a global
refugee crisis intensified, Turkey made
financial crisis, member states were
little attempt to stop (or even appear
equally unwilling to significantly increase
to stop) refugees passing through
funds to countries bearing the brunt of
into the EU. In 2012 a fence had been
refugee arrivals. The Dublin III Regulation
erected on the land separating the two
did little to alleviate the burden placed on
countries but with some Greek islands a
border countries and it rapidly became
mere dinghy-ride away from the Turkish
clear that the EU would need to slow the
coastline, the border has remained
movement of refugees from Turkey if it
porous. The number of refugees,
was to have any hope of dealing with the
asylum seekers and migrants trapped
refugee crisis effectively.
in Greece escalated rapidly after the ‘Balkan route’- by which they had
6. In the knowledge that Turkey has
formerly travelled out of the country
long wished to join the EU, the so-called
into northern Europe- was closed.
‘EU-Turkey deal’ came into effect from 18 March 2016. This was to involve the EU
5. The
Regulation
disbursing a €3 billion facility for refugees
(Regulation No. 604/2013) determines
in Turkey together with the acceleration
which EU member state is responsible
of visa liberalisation and EU accession
for processing asylum applications. This
talks. In return, Turkey agreed to accept
regulation generally requires asylum
the rapid return of all migrants not in
applications to be dealt with by the
need of international protection crossing
member state in which an asylum seeker
from Turkey into Greece and to take
Dublin
III
first arrives and is registered. This places
13
HUMAN RIGHTS JOURNAL
back all “irregular migrants”1 intercepted
were rejected, they could be returned
in Turkish waters. For every ‘irregular
to Turkey. Nevertheless, the deal meant
migrant’ readmitted to Turkey, Europe
that asylum seekers in Greece could be
would take a Syrian refugee currently
forced to return to Turkey, where their
in Turkey. Asylum seekers who sought
asylum claim would be processed.
to slip through into Greece without making an asylum claim in Turkey would
8. But what about the principle of non-
simply be sent back. Turkey was to crack
refoulement? What about the flagrant
down on illegal migration and in return
human rights abuses in Turkey and the
EU member states would contribute
inhumane conditions in Greek reception
on a voluntary basis to a humanitarian
centres for refugees? The grim reality is
admission
vulnerable
that the political pressure on European
refugees in Turkey. If Turkey showed
leaders to be seen to be reducing the
it had met certain benchmarks, visa
tide of human misery entering Europe,
requirements for Turkish citizens were to
led them to embrace promises from
be lifted by the end of June 2016.
Turkey that all independent observers
scheme
for
knew would never be honoured.
7.
In the statement issued by the
EU announcing the deal, it was promised
9. Speak to any refugee who has
that the treatment of asylum seekers
travelled through Turkey and the same
would be “in full accordance with EU
story emerges; being shot at while
and international law, thus excluding any
crossing the border into Turkey (with no
kind of collective expulsion”.2 Migrants
similar police presence on the border
arriving on Greek islands were to be
out of Turkey into Europe), arbitrary
registered and their asylum applications
arrest, torture and abuse. People fleeing
to be processed individually but where
persecution are often persecuted once
they did not seek asylum or their claims
again in a country deemed ‘safe’ under
I.e. those smuggled into Europe, who may or may
linking the number of refugees accepted
not be refugees. 2
by Europe to the number of ‘irregular
http://www.consilium.europa.eu/en/press/
migrants’ forced back to Turkey, the EU
press-releases/2016/03/18-eu-turkey-statement
14
VOLUME 1 ISSUE 5
the EU-Turkey deal. Furthermore, by 1
UNIVERSITY OF LEEDS
withdrew from the absolute commitment
in Turkey until the Turkish government
to accept all refugees recognised by the
upheld their part of the bargain.
MIRANDA BUTLER
Policing The Border Between Politics And International Law The Eu-Turkey Refugee Deal
1951 Convention. Any frank assessment of the deal must acknowledge that
11. Another
returning refugees to Turkey was likely to
conditions for asylum seekers in Greece.
breach the principle of non-refoulement.
The EU-Turkey deal would only work if
As so often in international law, legal
the EU could accept the ‘warehousing’
principle was forced to give way to
of refugees in Greece, including the
political necessity. It was this that led John
return of asylum seekers to Greece and
Dalhuisen, Europe director of Amnesty
other border countries under the Dublin
International, to say that supporters of
III Regulation. In March 2017 Médecins
the deal were “dancing on the grave of
Sans Frontières marked the one year
international protection”.3
anniversary of the EU-Turkey deal with
hurdle
was
the
a report which concluded that “the
10. Apparently blind to the inherent
deal has been not a success story, but a
problems in the deal, the EU attempted
horror story, with terrible consequences
to implement it. As the brutal backlash
for people’s lives”.4 The conditions
by the Turkish government against the
in camps in Greece should not be
failed coup attempt in July 2016 became
understated or forgotten; refugees
clear, the EU-Turkey deal was exposed
are left to fester in squalid, open-air
as an impossibility. Turkey showed itself
camps for months and years. Claims
to be willing to use border control as
are processed at an inconceivably slow
a bargaining chip. President Ergodan
rate. Acutely vulnerable people are
threatened to tear up the deal if Europe
denied proper access to healthcare,
didn’t extradite fugitive Turkish military
nutrition and education, quite apart
officers allegedly involved in the coup
from the rehabilitation, support and
attempt or allow rallies in his favour. The
employment they need. The European
EU refused to disburse significant sums
Court of Human Rights has recognised
3
4
https://www.theguardian.com/world/2016/mar/08/
eu-turkey-refugee-deal-qa
http://www.msf.org/sites/msf.org/files/one_year_
on_from_the_eu-turkey_deal.pdf
15
HUMAN RIGHTS JOURNAL
that the conditions for asylum seekers
which asylum seekers were housed and
in Greece amount to a breach of Article
detained amounted to inhuman and
3 but refugees remain stuck between
degrading treatment. Despite this, there
the rock of EU member states refusing
have been suggestions that Dublin
to accept them, and the hard place of
transfers may resume from March 2017.
persecution in Turkey.
13. These were not the only obstacles
12. Returns of asylum seekers under
which the deal faced. Greek courts
the Dublin III Regulation to Greece
formed part of the resistance; repeatedly
were eventually suspended following a
judging Turkey to be unsafe for returns
ruling by the European Court of Human
even in light of the assurances given
Rights.5 In MSS v Belgium and Greece
by
the Court rather modestly commented
of migrants to Turkey were quickly
that “the States which form the external
suspended and at the time of writing
borders of the European Union are
they have not restarted. As human
currently
considerable
rights conditions worsened, it became
difficulties in coping with the increasing
less politically feasible for EU politicians
influx of migrants and asylum seekers.”6
to argue that Turkey was a ‘safe third
The Court refused to accept the
country’ for refugees. A year on from
Greek government’s suggestion that
its
the economic crisis and its strained
deal appears defunct. Nonetheless,
financial circumstances should be taken
on 20 March 2017 EU Commission
into account in assessing whether the
spokesperson Margaritis Schinas insisted
treatment of asylum seekers in Greece
that the deal was a “game-changer”
constituted a breach of Article 3 of
and had saved migrants from falling
the European Convention on Human
into the hands of people-smugglers. He
Rights. The Court held that conditions in
emphasised that “we hear many voices
experiencing
Erdogan’s
government. Returns
announcement,
the
EU-Turkey
5
none providing viable alternatives that
MSS v Belgium & Greece [2011] ECHR 10. Appli-
would have saved many lives”.
cation No. 30696/09, Judgment of 21 January 2011. 6
Ibid, para 223.
16
VOLUME 1 ISSUE 5
criticising the agreement but we hear
UNIVERSITY OF LEEDS
Policing The Border Between Politics And International Law The Eu-Turkey Refugee Deal
14. Even in its diminished form, the
reunification for refugee families whose
EU-Turkey deal has come at a cost. By
members are spread throughout the
allowing European member states to
EU. As many refugees deliberately avoid
persuade themselves that there was
claiming asylum in Greece in light of the
an effective and legal way to decrease
appalling conditions there, this means
arrivals,
to
that some asylum seekers in Greece
distribute refugees throughout the EU.
have been able to join family members
As of March 2017, EU countries had
elsewhere in the EU. The European Court
carried out a mere 8% of promised
of Human Rights has intervened to stop
it
diminished
pressure
many
refugees being returned to Greece from
commentators suggest that if EU
elsewhere in Europe. Domestic Greek
member states fulfilled their legal and
courts have refused to return vulnerable
moral obligations the European migrant
people to Turkey. This is a reminder of
crisis would be diminished or even largely
the need for lawyers to stand up where
resolved, in the minds of decision makers
politicians cannot; to police the border
real politik has trumped international
between political necessity and legal
legal protection. International law should
principle even more carefully than that
be used to increase political pressure,
between Greece and Turkey.
refugee
relocations.7
While
rather than political necessity mandating unlawful action.
15. Amidst this grim narrative there are glimmers of hope for international human rights protection. The Dublin III Regulation does not merely allocate responsibility for refugees to border
MIRANDA BUTLER
countries. It also allows for family
7
https://www.theguardian.com/world/2017/
mar/02/european-countries-have-carried-out-8-per-cent-promised-refugee-relocations
17
HUMAN RIGHTS JOURNAL
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment Claudia Broadhead
and
then counter-argues these ideas. I have
inhuman or degrading treatment is
concluded that ultimately, no one should
an
norm
ever face physical or mental abuse
under international human rights law.
bracketed under torture or ill-treatment.
Subsequently, in scenarios where an
Nevertheless, states do continue to
individual needs to be deported to
extradite criminals placing individual
another country, if there is a risk that the
lives in positions of vulnerability and
individual will be tortured or subject to
limited legal protection.
The
prohibition absolute
of
torture
non-derogable
inhuman or degrading treatment in the receiving state then that person is legally not allowed to be extradited. This has resulted in conflict and debate when a state is holding a terrorist from another country but is explicitly prevented from returning them because of the threat of VOLUME 1 ISSUE 5
not obliging with humanitarian law. The essay discusses ways in which it could be justifiable to return a terrorist despite the risk of torture in the receiving state, and
18
UNIVERSITY OF LEEDS
ClAUDIA BROADHEAD
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment
Various
international
and
regional
Firstly, the essay will define torture and
agreements exist which comment on
the principle of non-refoulement using
the absolute prohibition of torture or
the United Nations Convention Against
inhuman and degrading treatment.
Torture (UN CAT), which as of October
Regardless of the profound status that
2016 has been ratified by 160 states.2
the prohibition of torture embodies in
Secondly, the essay will refer to cases
humanitarian law, there are reoccurring
and provisions to support both sides
conflicts about permitting exceptions
of the debate and to look at the reality
to the peremptory norm, a norm from
of such a delicate issue in international
which no detraction is permitted.
human rights law.
The ‘global war on terrorism’ is an international
military
The
campaign
most
detailed
treaty
which
following the September 11 2001
references torture is the UN CAT which
attacks in New York, to obliterate and
will be used here to outline three
overcome terror activity universally.
principle definitions for the essay.
This metaphorical phrase, and the
Article 1 insists that for someone to be
reality which comes with it, is one of
tortured the act must be comprised
the contexts frequently associated with
of four fundamental elements.3 These
triggering debate about whether it
consist of: severe physical or mental
might be reasonable for terrorists to be
abuse, the requirement of a purpose for
deported despite the threat of being
example obtaining a confession, the act
subjected to torture or ill-treatment
to be conducted with intent and lastly,
in the receiving state.1 This essay will
2
critically discuss the conscientiously deliberated
argument
that
it
United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
is
Punishment, (adopted 10 December 1984, entered
occasionally justifiable for terrorists to
into force 26 June 1987) 1465 UNTS 85 (UN CAT),
be extradited to a country where there is
Status of Ratification <http://indicators.ohchr.org/?> [accessed 21.03.2017].
a prevalent risk of tormenting treatment. 1
3
United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Ilias Bantekas Lutz Oette, International Human
Punishment, (adopted 10 December 1984, entered
Rights Law and Practice (Cambridge University Press,
into force 26 June 1987) 1465 UNTS 85 (UN CAT).
2013), p.326.
19
HUMAN RIGHTS JOURNAL
the involvement of an official body. To
the political views of a target group
understand how torture is distinguishable
of people.4 It is well documented that
from inhuman or degrading treatment
from prison, terrorists are capable of
we can turn to Article 16 of the UN
mobilising outside support, radicalising
CAT. This determines that a physical or
other prisoners, and attempting to
mental act which is less severe and is not
conduct operational commands. A
intentionally imposed on someone for
report undertaken by the International
a purpose is defined under the bracket
Centre for the Study of Radicalisation
of inhuman or degrading treatment.
and Political Violence (ICSR) informs us
The prohibition of torture attained
that the vulnerability of prisoners can
the status of jus cogens making it a
lead them to desire a meaning and
fundamental and overriding principle
identity, and a form of protection which
of international law and therefore it is an
can result in rebellion and a response to
absolute and non-derogable right. This
an extremist approach.5 The ICSR report
essay is concerned with Article 3 of the
discusses how prison radicalisation
UN CAT; due to the absolute prohibition
can emerge for example through
of torture it embodies the principle of
convicted terrorists endeavouring to
non-refoulement. Non-refoulement is
gain leadership roles over the prison
the explicit prevention of a State Party
population or more rarely as a result
extraditing a person to another state in
of radical imams spreading their
which they are liable to the danger of
beliefs amongst vulnerable individuals.
being subjected to torture.
Despite these issues being understood,
One point to support the clause
4
Peter R. Neumann, Old and New Terrorism (Polity
Press, 2009), p.8.
that terrorists should be deported
5
to another state regardless of facing
Peter R. Neumann, â&#x20AC;&#x2DC;Prisons and Terrorism
Radicalisation and De-radicalisation in 15 Coun-
torture or ill treatment is the threat they
triesâ&#x20AC;&#x2122; (2010) International Centre for the Study of Radicalisation and Political Violence Research
country. Typically, terrorism generates
Report, p.26<file:///C:/Users/user/AppData/Local/ Temp/1277699166PrisonsandTerrorismRadicalisatio-
fear through the use of symbolic acts
nandDeradicalisationin15Countries-2.pdf> [accessed
of violence in order to manipulate
13 January 2017].
20
VOLUME 1 ISSUE 5
place on the security of the imprisoning
ClAUDIA BROADHEAD
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment
UNIVERSITY OF LEEDS
it is profoundly challenging for officials
person to another state unless there
to deal with the problem of prison
are substantial grounds to believe that
radicalisation due to the secretive
the person being extradited will not
nature of its operation. Imprisoning
face a real risk of being subjected to
active
country
treatment indicative of Article 3 of the
dislocated from their place of origin
ECHR. The applicant, a Sikh activist,
increases the threat of spreading
played an important role in establishing
extremist behaviour throughout an
youth groups in the UK following the
unprotected society. Therefore, one
All India Sikh Students’ Federation, an
could argue that in specific scenarios
organisation perceived as militant by
it is wiser for the sake of international
the Indian authorities.8 The applicant
interest to deport the perpetrator
claimed that his deportation to India
regardless of the risk of torture they
would constitute a violation of Article
may face in the receiving state.
3 of the Convention because he had
terrorists
in
a
a ‘well-founded fear of persecution’.9 Challenging this is the case of Chahal
Despite receiving assurances from the
v. United Kingdom which explicitly
Indian government that no harm would
demonstrates that despite the national
be done on his return, the Commission
security of a state facing conflicting
upheld this complaint because returning
challenges,
of
the applicant to India would violate the
refoulement is inherent in the terms of
UK’s absolute obligation not to extradite
Article 3 of the European Convention on
an individual who faces a risk of torture
Human Rights (ECHR).6 Article 3 states:
or ill-treatment in the receiving country.
“no one shall be subjected to torture or
Furthermore, a landmark case which
to inhuman or degrading treatment or
reflects how Article 3 of the ECHR acts
punishment”,7 and due to the Court’s
as a fundamental value of democratic
jurisprudence no state shall return any
society is that of Selmouni v. France.10
the
prohibition
6
(1996) 23 EHRR 413.
7
Convention for the Protection of Human Rights
8
(1996) 23 EHRR 413, para 20.
and Fundamental Freedoms (European Convention
9
ibid para 6
on Human Rights, as amended) 1950 (ECHR).
10
21
(1999) 29 EHRR 403.
HUMAN RIGHTS JOURNAL
The outcome of this case whereby a
both the risk of terrorist action and the risk
drug trafficker was so severely treated in
of the men being mistreated’.11 If a State
custody that it was constituted as torture
Party does resort to diplomatic assurances
validates the way that even in complex
it must provide details on the cases
circumstances of tackling terrorism
of extradition that have received such
and crime, the Convention prohibits in
assurances in a report to the Committee
absolute terms torture or inhuman or
and it must declare subsequent follow-
degrading treatment or punishment.
up action in each case to monitor the enforceability of the assurances given.
In the situation of extraditing a terrorist,
This report process which ensures the
many
diplomatic
state’s obligation under the Convention
assurances from the receiving country to
is maintained through the close scrutiny
show that they will not conduct torture
of
or inhuman or degrading treatment on
cases suggests that assurances are a
the individual. Diplomatic assurances are
justifiable means to deport a terrorist.
promises from receiving governments
The European Court of Human Rights
that torture or ill-treatment will not occur.
(ECtHR) in the case of Othman (Abu
Although diplomatic assurances are not
Qatada) v. the United Kingdom decided
legally binding, they are frequently used
that diplomatic assurances would protect
because they are required to provide
the applicant from torture.12 However, he
a reliable guarantee that the person
was not deported due to the risk that the
to be deported will not be subject to
evidence obtained from torture would
such treatment. Therefore, it is plausible
have been used against him in a legal
to argue that on receiving diplomatic
context which is prohibited. Ultimately,
assurances from the receiving state it is
diplomatic assurances are used by states
justifiable to deport terrorists elsewhere.
as a means of permitting the movement
Bilateral diplomatic guarantees from one
of terrorist figures across the globe,
states
rely
on
11
as credible solutions by the states which
diplomatic
guarantee
Gregor Noll, ‘Diplomatic Assurances and the
Silence of Human Rights Law’ (2006) 7 Melbourne
resort to them. They are frequently
Journal of International Law 99, p.104.
maintained as legitimate tools to ‘address
12
22
(2012) 55 EHRR 1.
VOLUME 1 ISSUE 5
government to another are perceived
individual
UNIVERSITY OF LEEDS
despite the persisting risk that torture or
assurances as a safeguard against torture
ill-treatment could be used.
or ill-treatment due to its ambiguous
ClAUDIA BROADHEAD
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment
nature as a non-binding contract. In significant contradiction to the
Despite the requirement of follow-up
justifiable
terrorists
reports succeeding diplomatic assurance
following diplomatic assurances between
agreements, modern torture methods
states, the landmark case of Saadi v. Italy
which leave no physical marks such
portrays the Strasbourg Court’s approach
as waterboarding and electro torture
to diplomatic assurances against torture
are frequently engaged with, meaning
and
authorities
there is little basis for identification of the
requested diplomatic guarantees from
presence of torture or ill-treatment. An
the Tunisian Government that the
additional example of the ineffectiveness
applicant if expelled to Tunisia would
of diplomatic assurances is the case of
not be faced with treatment contrary
Mohammed Alzery v. Sweden, whereby
to Article 3 of the ECHR. The ECtHR
the United Nations Human Rights
concluded that the assurance from
Committee (HRC) found a violation of
Tunisia consisted of ambiguous pledges
Article 7 of the International Covenant on
against the subjection to ill-treatment
Civil and Political Rights (ICCPR) against
whilst it failed to specify the relevant
Sweden. Article 7 of the ICCPR states: ‘no
international treaties and conventions.13
one shall be subjected to torture or to
The court voiced that even in the
cruel, inhuman or degrading treatment
presence of this information, the explicit
or punishment.’15 Sweden expelled
assurances would not be sufficient to
Alzery to Egypt, his country of origin,
ensure adequate protection against the
in reliance on assurances of humane
risk of torture or ill-treatment. Human
treatment.16 Ultimately, the HRC found
rights advocates place great emphasis
that the assurances were flawed and
on the role the State Party should play in
insufficient in protecting the applicant as
deportation
ill-treatment.
of
Italian
14
avoiding the systematic use of diplomatic
15
International Covenant on Civil and Political
Rights (adopted 16 December 1966, entered into 13
(2008) 49 EHRR 30.
force 23 March 1976) 999 UNTS 171 (ICCPR).
14
ibid [148].
16
23
(2006) 24 B.H.R.C. 87 paras 3.7, 3.9.
HUMAN RIGHTS JOURNAL
he suffered ill-treatment at each stage of
of extremist individuals. In this scenario,
his forcible return which was conducted
the deportation of terrorists regardless of
This case
the threat of torture of ill-treatment could
involved the practice of ‘extraordinary
prove justifiable. However, information
rendition’, a vague term which refers to
attained from terrorists is frequently
the transferring of terrorists to discrete
conducted through torture interrogation
locations where the suspects may be
methods. The secretive nature of
subjected to torture.18 These cases
torture has resulted in no direct research
provide robust evidence that the nature
concluding links between inhuman
of diplomatic assurances are inherently
interrogation and unreliable information.
defective and unreliable. Therefore, it is
However, fundamental evidence from
never justifiable to deport a terrorist to a
studies such as the trial by Drizin and
country where they might be subjected
Leo which analysed 125 cases of proven
to torture or inhuman or degrading or
interrogation induced false confessions
punishment because assurances do not
over a 30-year period, concluded that
offer sufficient legal protection.
‘as the coerciveness of the interrogation
by United States officials.
17
increases, so does the probability Following the return of a terrorist to
of eliciting a false confession’.19 The
their country of origin, the information
deportation of suspected terrorists to
extracted may prove useful in preventing
another state in the hope that systematic
future violation and extremism. If the
intelligence will be given is a deeply
terrorist is complying, the home state
flawed argument based on findings
can use the intelligence acquired
that information obtained is frequently
to understand the behaviour and
unreliable. Furthermore, Article 15 of the
ideologies in an attempt to locate other
UN CAT states the principle that evidence
threatening bodies and tackle the unity
obtained through torture cannot be used in a legal framework. The inadmissibility of evidence determines that even if the
18 Mark A. Costanzo, ‘The Effects and Effectiveness
receiving state obtains information about
of Using Torture as an Interrogation Device: Using Research to Inform the Policy Debate Mark’ (2009) 3 Social Issues and Policy Review, p.179.
19
24
ibid p.183.
VOLUME 1 ISSUE 5
17 (ibid paras 10.5, 11.5.
ClAUDIA BROADHEAD
Critical Discussion of the Justification of Deporting Terrorists to Countries Where They May Face Torture or Inhuman or Degrading Treatment
UNIVERSITY OF LEEDS
extremist networks or individuals as a
ICCPR is justifiable. Despite the legally
result of interrogation, the confessions
binding characteristics of the prohibition
shall not be invoked in court and are
of torture and the principle of non-
principally purposeless and ineffective.
refoulement, the essay has suggested
This reinforces the disposition that it
ways in which the extradition of a
is never justifiable to return a terrorist
terrorist to a state potentially conducting
when there is a risk that they will be faced
torture methods may be justified. The
with torture or inhuman and degrading
counter arguments of the essay found
treatment, even in the hope to gain an
continuous flaws in these justifications,
insight into the terrorist group through
most obviously the unreliable assurances
interrogation, because confessions may
between states and the degree to which
be untruthful and cannot be used in court
torture is psychologically and physically
under international human rights law.
tormenting. Nevertheless, states do continue to extradite criminals and use
The absolute prohibition of torture and
the practice of extraordinary rendition,
inhuman and degrading treatment as
placing individual lives in positions of
non-derogable norms of humanitarian
vulnerability and limited legal protection.
law has resulted in the scrutiny of ways in which exceptions can be permitted in particular circumstances. The ambiguous
Table of Cases
nature of what constitutes such treatment
Chahal v. United Kingdom (1996) 23 EHRR 413.
adds an additional complex element to its status as explicitly illegal because
Mohammed Alzery v. Sweden 2006) 24
there is no exact description of what
B.H.R.C. 87.
is and what is not torture. This essay has argued that there are three distinct
Othman (Abu Qatada) v. the United King-
ways in which deporting a suspected
dom (2012) 55 EHRR 1.
terrorist to a state where they may be
Saadi v. Italy (2008) 49 EHRR 30.
subjected to treatment inherent in the
Selmouni v. France (1999) 29 EHRR 403.
terms of Article 1 of the UN CAT, Article
Suresh v. Canada (2002) 1 S.C.R. 3.
3 of the ECHR and Article 7 of the
25
HUMAN RIGHTS JOURNAL
Temp/1277699166PrisonsandTerrorismRadicalisationandDeradicalisationin15Countries-2.pdf> accessed 13 January 2017
Table of Legislation Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) 1950 (ECHR)
Noll G, ‘Diplomatic Assurances and the Silence of Human Rights Law’ (2006) 7 Melbourne Journal of International Law 99, 104
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, (adopted 10 December 1984, entered into force 26 June 1987) 1465 UNTS 85 (UN CAT)
Bibliography Bantekas I, Oette L, International Human Rights Law and Practice (Cambridge University Press, 2013) Mark A. Costanzo, ‘The Effects and Effectiveness of Using Torture as an Interrogation Device: Using Research to Inform the Policy Debate Mark’ (2009) 3 Social Issues and Policy Review 179 Neumann P R, Old and New Terrorism (Polity Press, 2009) Neumann P R, ‘Prisons and Terrorism VOLUME 1 ISSUE 5
Radicalisation and De-radicalisation in 15 Countries’ (2010) International Centre for the Study of Radicalisation and Political Violence Research Report, < file:///C:/Users/user/AppData/Local/
26
UNIVERSITY OF LEEDS
Does Pornography Harm Women? Kannen Ramsamy
The purpose of this paper is to
The question of whether pornography
demonstrate how pornography harms
harms women or not came into
women, both during production and
prominence
post-production
emergence
phases.
There
are
following of
the
prolific
anti-pornography
analyses on various pieces of qualitative
feminists in the 1970s. This debate
and quantitative information regarding
would
pornography. These serve as the means
issue that, to this day, creates glaring
by which the essay has identified some
divisions of opinion. The very meaning
of the negative issues surrounding
of
pornography, and their effects on women.
substantial dissection, with definitions
escalate
into
pornography
ranging
from
a
has “violent
worldwide
undertaken degrading
misogynistic hate speech (whereby “speech” includes words, pictures, films, etc.)”,1
through to “sexually explicit
material…used
to
enhance
sexual
pleasure and fulfilment”.2 The definition of pornography will inevitably become shaped by the stance of the author.
1
Susan Brison, ‘The Price we Pay?’, in Contempo-
rary Debates in Applied Ethics, ed. by Andrew 2
Mary Watson and Randyl Smith, ‘Positive Porn:
Educational, Medical and Clinical Uses’, American Journal of Sexual Education, 7. 2 (2012), 122-145 (p.123) <http://dx.doi.org/10.1080/15546128.2012. 680861>.
27
HUMAN RIGHTS JOURNAL
Post-production Harms to Women
For the purpose of this essay, however, pornography will be regarded simply as “printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate arguing
post-production harm that pornography
that pornography is in fact harmful to
inflicts upon women. This kind of harm
women. The neutrality of this definition
is mediated through the consumer of
minimalizes any preconceived notions
pornographic material, whereby the
of pornography that would otherwise
material perpetuates gender inequality
restrict the direction of the essay or
towards women. In this essay, gender
influence it without an established base
inequality denotes a number of sexist
of evidence. It is also important to note
issues that permeate society. One
that when discussing pornography in
such issue being prescribed gender
this essay all cases refer to heterosexual
roles, where men are characterized as
and legal pornography, of which is
aggressive, physically strong, dominant,
distributed and sold through business
independent and assertive, whilst women
corporations. In this way, it is possible to
are kind, submissive, obsequious, passive
create boundaries that allow for a concise
and silent.4 Another being the more
analysis of adult female pornography
overt displays of discrimination such as
actresses in a professional industry.
the denial of rights and use of violence.
sexual
excitement”3
whilst
The essay will begin first by observing the
However, the issue with pornography is not simply its representations of women being discriminated against. Rather, it is that these representations advocate 3
Oxford Online Dictionary, <http://www.oxforddic-
tionaries.com/> [Accessed 19/11/15].
4
Catherine MacKinnon, Only Words, (US: Harvard
tion and Prescription: How Gender Stereotypes Prevent Women’s Ascent Up the Organizational Ladder’, Journal of Social Issues, 57. 4 (2001), 657-674 <DOI:10.1111/0022-4537.00234>.
28
VOLUME 1 ISSUE 5
University Press, 1993); Madeline Heilman, ‘Descrip-
UNIVERSITY OF LEEDS
discrimination against women through
communication – a public sphere arena,
the eroticization of unjust sexist values.
where individualism is replaced with
As Eaton states, “pornography endorses
generalist appeal. When the eroticization
by
enjoying,
of inequality is not restricted to a minority
benefiting from, and deserving acts that
product in the industry, but instead acts
are objectifying, degrading, or even
as a fundamental basis for mainstream
physically injurious and rendering these
pornography, as shown by Figure 1.1
things libidinally appealing on a visceral
and 1.2 – its harmful nature becomes
level”.5 In tying together the intrinsic
the general appeal within the public
human element of sexual fulfilment with
sphere, and so its harmful effects cannot
gender inequality, pornography creates a
be doused in the way that an individual
gateway for the toleration and desirability
could in their own privacy.
representing
women
of gender subordination. One may argue, as some sex-positive feminists do, that we are in no position to determine another person’s sexual fulfilments, and therefore if a woman Does Pornography Harm Women?
enjoys
being
aggressed
against
or degraded as a form of sexual gratification, she should not be judged for doing so. Whilst this is certainly true, it can only be applied on an individual basis within the private sphere, where the damaging effects can be nullified by individual mutual understandings. The
KANNEN RAMSAMY
pornography industry on the other hand, is an enterprise that functions on mass 5
Anne Wescott Eaton, ‘A Sensible Porn Anti-Fem-
inism’, Ethics, 117. 4 (2007), 674-715 (p. 682) <http:// web.mit.edu/sgrp/2008/no2/EatonSAPF.pdf> [Accessed 20/11/15].
29
HUMAN RIGHTS JOURNAL
Fig 1.1: Frequency and Types of Aggressive Acts 6 N
% Aggressive Acts
% Scenes
Verbal Aggression
632
18.7
48.7
Insulting
614
18.2
48.7
Threatening
10
0.3
1.0
Using coersive language
7
0.2
1.6
Physical Aggression
2743
81.3
88.2
Pushing / Shoving
25
0.7
6.6
Biting
9
0.3
3.0
Pinching
49
1.5
12.2
Hair pulling
276
8.2
37.2
Spanking
980
29.0
75.3
Open hand slapping
408
12.1
41.1
Gagging
759
22.5
53.9
Chocking
184
5.5
27.6
Threatening with weapon
0
0.0
0.0
Kicking
3
0.1
0.7
Closed fist punching
0
0.0
0.0
Bondage / confining
30
0.9
6.6
Using weapons
7
0.2
1.3
Torturing / mutilating
0
0.0
0.0
Other
2
0.4
3.0
6
Ana Bridges, Robert Wosnitzer, Erica Scharrer,
Chyng Sun, Rachael Liberman, ‘Aggression and Sex-
Violence Against Women, 16. 10 (2010), 1065-1085 (p. 1075) <DOI:10.1177/1077801210382866>.
30
VOLUME 1 ISSUE 5
ual Behaviour in Best-Selling Pornography Videos’,
UNIVERSITY OF LEEDS
Fig 1.2: Aggression Perpetrators, Targets and Reponses 7
N
% Total Acts
Male
2373
70.3
Female
991
29.4
Unknown
8
0.2
Male
176
0.7
Female
3191
0.3
Unknown
12
1.5
Female - Target
2335
29.0
Male - Target
11
12.1
Self - Target
22
22.5
Unknown Target
2
0.1
Female - Target
598
17.7
Male - Target
143
4.2
Self - Target
241
7.1
Unknown Target
5
0.1
Pleasure /neutral
2
0.4
Displeasure
90
2.7
Perpetrator Gender
Target Gender
Male Perpetrator and
Does Pornography Harm Women?
Female Perpetrator and
Target Response to being Aggressed
KANNEN RAMSAMY
7
31
Ibid., p.1076.
HUMAN RIGHTS JOURNAL
Figure 1.1 provides us with empirical
women being submissive whilst men
data on the levels of aggression in the
dominate, or that women are passive
top 50 best-selling pornographic films
whilst men are aggressive. In addition to
in the US from December 2004, to June
this, it also desensitises the viewer to the
2005. As is shown, an exorbitant total of
violent mistreatment of women.
3375 physically and verbally aggressive
Consequently, when analysing numerous
acts were noted across the fifty films.
studies that conducted research on
The most common physically aggressive
the relationship between exposure to
acts include spanking and open-hand
pornography and attitudes towards
slapping, comprising 35.7% and 14.9% of
women, one could discern that upon
all physically aggressive acts respectively.
being exposed to pornography, there is
Insults were the most common form of
an increased negative attitude towards
verbal aggression, with 614 occurrences.
females.9 For example, a meta-analysis
The report indicated that the expressions
of the correlation between pornography
“bitch” and “slut” were the most
exposure and the acceptance of “the
frequent, making up 97.2% of all insults.8
rape myth”, conducted by Allen et al.
When cross referencing this data with
clearly demonstrates this. “The rape
Figure 1.2, in can be shown that women
myth”, first presented by Burt, is a term
were the overwhelming majority for
which is defined as the belief that women
targets of aggression – both verbal and
who are victims of sexual assault are
physical. On the other hand, men were
either primarily or partially responsible for
the perpetrators of aggression 70.3%
their oppression.10 This is an undeniably
of the time. There is a clear correlation
vicious thought process, which not
of women as targets of aggression with men as the perpetrators; it is precisely
9
the sexualisation of this excessive and
Ven-hwei Lo and Ran Wei, ‘Third-Person Effect,
Gender, and Pornography on the Internet’, Journal of Broadcasting & Electronic Media, 46. 1 (2002), 13-33,
reinforces the damaging gender stigmas
<http://dx.doi.org/10.1207/s15506878jobem4601_2>.
previously
described,
for
10
example
Martha Burt, ‘Cultural Myths and Support for
Rape’, Journal of Personality and Social Psychology, 38. 2 (1980), 217-230 <DOI: 10.1037//0022-
8
Ibid.
3514.38.2.217>.
32
VOLUME 1 ISSUE 5
violent domination that harms women. It
UNIVERSITY OF LEEDS
only contributes to women having their
precisely some of the destructive aspects
rights ignored, but can also inflict a
of our society that are intensified by the
tremendous amount of both physical and
pornography industry.
psychological duress upon the victims.
Production Harms to Women
In Burt’s meta-analysis of the correlation between
pornography
exposure
KANNEN RAMSAMY
Does Pornography Harm Women?
and rape myth acceptance, 4268 research participants across 24 studies
Yet the harmful effects are not limited
demonstrated
positive
to post-production issues, but also exist
correlation.11 Only three of the studies
across the production process within the
showed a negative correlation, and all
pornography industry. The treatment
three of these studies were carried out
of women within the industry itself has
under
conditions,
proved to be particularly damaging,
which are geared towards broader analysis
with the publication of Linda Boreman’s
rather than direct causality. An increase
autobiography “Ordeal” in 1980 drawing
in the acceptance of the rape myth is a
the problem to mainstream attention.
clear indication of how pornography
The ex-pornography actress, who starred
proves to be harmful to women. When
in the widely popular and avant-garde
taking into consideration the eroticization
adult film “Deep Throat”, gave a detailed
of violent or abusive male dominance
account of how she was “abducted,
that is so prominent in pornography, the
systematically beaten, kept prisoner,
correlation is not particularly surprising.
watched
In creating toleration and desirability
with her life and the lives of her family
for such behaviour, issues of abuse
if she left, tortured, and kept under
and sexual assault towards women are
constant
a
definitive
non-experimental
every
minute,
psychological
threatened
intimidation
and duress”12 in order to complete the 11
movie.13 This is an extreme example of
Mike Allen, Tara Emmers, Lisa Gebhardt, Mary
Giery, ‘Exposure to Pornography and Acceptance of Rape Myths’, Journal of Communications, 45. 1
12
Catherine MacKinnon, (1993), (p.180).
(1995), 6-26 (p. 17) <DOI:10.1111/j.1460-2466.1995.
13
Linda Boreman and Mike McGrady, Ordeal, (US:
tb00711.x>.
Kensington Publishing Corp, 1980).
33
HUMAN RIGHTS JOURNAL
maltreatment.
However,
exploitation
achieve “maximum visibility”. The male
remains prevalent. For example, the
is quite easily capable of demonstrating
increasingly recognised notion that
a realistic climax, through ejaculation.
pornography actresses are having their
The female on the other hand, must
bodies used repeatedly in difficult
perform a “frenzy of the visual”15, which
circumstances to create pornography.
involves a “thrashing, writhing, moaning,
Whilst the majority of mainstream
screaming, performance of orgasmic
pornography movies depict women
ecstasy”.16 This takes place during an
as having pleasurable experiences, as
extensive shooting procedure where
seen in Figure 1.2 which noted an overall
women are in unspeakable pain and
pleasure response of 95.1% across all
degraded through name calling. As ex-
scenes, one must remember that these
pornography actress Elizabeth Rollings
films are commercial products of a billion-
points out, women must stay in, often
dollar industry that must generate profit,
painful positions, until the camera man
and keep the consumer satisfied. This
is happy with the product.17 Here it has
resonates with Linda Williams’s argument
been shown how easily pornography,
that hard-core pornography operates on
for the sake of financial profit, violates
a “principle of maximum visibility” which
women’s basic rights to not have their
is essentially a climax that is visible to the
bodies abused. One could put forth the
consumer.14 By doing this the director is
simple argument that if pornography
able to create a sense of authenticity to
actresses
the sex, counteracting the awareness of
situations, they ought to leave and
are
unhappy
with
their
artificial fabrication that runs through a consumer’s mind – an awareness that can
15
Ibid.
create dissatisfaction. However male and
16
Hannah Frith, ‘Visualising the ‘real’ the ‘fake’:
female physiological differences mean
emotion work and the representation of orgasm in pornography and everyday sexual interactions’, Jour-
that the two sexes differ in how they
nal of Gender Studies, 24. 4 (2015), 386-398 (p. 388),
17 14
Linda Williams, Hard Core: Power, Pleasure and
Elizabeth Rollings, ‘The Hardcore Story Of
Elizabth Rollings Interview’, Shelley Lubben,
“the Frenzy of the Visible”, (US: University of Califor-
<https://www.shelleylubben.com/hardcore-sto-
nia Press, 1989).
ry-porn-star-elizabeth-rollings> [Accessed 21/11/15]..
34
VOLUME 1 ISSUE 5
<http://dx.doi.org/10.1080/09589236.2014.950556>.
pursue work elsewhere. However, it is not
involves repeated sexual intercourse with
that simple. In addition to the common
multiple high-risk partners”.18
derogatory perceptions of pornography
The fact that women are denied basic
that hinder transgression into different
health and safety rights in a line of work
fields of work, many of these women
which requires them the most has meant
enter the industry at an average age
that there is a significantly high level of
of 18 to 21 and therefore have no prior
STDs amongst actresses. A screening of
work experience or skills to facilitate easy
825 adult performers between 2000 and
entry into other careers. Furthermore,
2001 showed that 7.7% of females and
this is the way in which these women
5.5% of males had chlamydia, which was
earn their livelihood, and in the same
notably higher than the average rates of
manner that we would not expect all
patients in family planning clinics, which
those who raise concerns about their
were 4.0% and 0.7% respectively.19 The
work to just leave, we cannot expect
statistic on men has been included
the same from pornography actresses.
here because we must also take into
Rather, a drastic change in regulations
consideration the affliction of STDs on
must be put in place to create a working
males in light of how they are transmitted.
environment where the actresses are not
There have also been more extreme
in a damaging and harmful environment.
cases of STDs, such as the transmission of
This idea ties in strongly with another
HIV. An example of this took place in April
crucial problem within the pornography
of 2004, when a male actor carrying the
industry itself – the pervasiveness of
disease had infected 14 female actresses
sexually transmitted diseases (STDs) amongst women. As Cesare writes about American pornography, “funeral
18
directors and podiatrists, whose risk of
former Health and Safety in the Adult Film Industry’,
Maria de Cesare, ‘Resolving the Problem of Per-
Southern California Law Review, 79. 3 (2006), 667-710
HIV/AIDS exposure is incidental to their
(p.682). <http://lawreview.usc.edu/issues/past/
job requirements, receive significantly
view/?id=1000427> [Accessed 23/11/15].
more regulatory HIV/AIDS protection
19
from the state than do adult film actors
Film Industry: Time to Regulate’, PLoS Medicine
Corita Grudzen and Peter Kerndt, ‘The Adult
Journal, 4. 6 (2007), e126, <DOI:10.1371/journal.
– actors whose very job description
pmed.0040126>.
35
VOLUME 1 ISSUE 5
KANNEN RAMSAMY
Does Pornography Harm Women?
HUMAN RIGHTS JOURNAL
HUMAN RIGHTS JOURNAL
on-set.20
Another recently reported
The explanations as to why STD risks
case was in August of 2013, when the
are such a concern do not rest solely on
popular female performer Cameron Bay
the fact that the diseases themselves
declared that she had contracted HIV. 21
exist in the industry. It is also that they
It comes as no surprise therefore, that
are not dealt with efficiently to protect
when interviewing 176 female actresses
women. For instance, since condoms
in the pornography industry, research has
have proved to be up to 95% effective
shown that one of the main propagators
in preventing the spread of HIV and are
of apprehension for the workers was the
generally regarded as an efficient item
risk of STDs. Fig 3.1: Frequencies and Percentages of Responses across Categories of Dislikes of the Adult Entertainment Industry 22
Category
Frequency
Percentage
People
68
39
STD Risks
51
29
Exploitation
35
20
Work conditions
17
10
Social stigma
13
7
Drugs
13
7
Politics
10
6
Discomfort
7
4
Outside: Relations
3
2
Ibid.
22
James Griffith, Lea Adams, Christian Hart, Sha-
21
Rory Carroll, ‘US porn actor’s HIV test prompts
ron Mitchell, ‘Why Become a Pornography Actress?’,
calls for moratorium on production’, The Guardian,
International Journal of Sexual Health, 24. 2 (2012),
<https://www.theguardian.com/culture/2013/aug/25/
165-180 (p.173), <http://dx.doi.org/10.1080/1931761
us-porn-industry-actor-hiv> [Accessed 24/11/15].
1.2012.666514>.
36
VOLUME 1 ISSUE 5
20
UNIVERSITY OF LEEDS
in reducing the overall rate of STDs,23
This
one would expect that the compulsory
pornography harms women in several
utilisation of condoms would be present
ways. Post-production harm infiltrates
in all pornography production processes.
society as a whole, with pornographic
Yet, a 2004 report from the Adult Industry
films acting as a medium for widespread
Medical
influences that perpetuate damaging
Health
Care
Foundation
behaviour
showed that only 17% of performers had
and
depicted
stigmas
how
towards
women. Meanwhile production harm
in an analysis of 50 pornographic films
directly affects the women within the
released between August 1, 2005 and
pornography industry, with a disregard
July 31, 2006, penile-vaginal intercourse,
for their fundamental workplace rights.
penile-anal intercourse and penile-oral
It must be acknowledged that there
intercourse saw a 3%, 10% and 0%
have been campaigns and movements
usage of condoms respectively. These
to ameliorate these detrimental effects.
shockingly low statistics are a result of
For example, in 2012, the “Measure B”
ignoring the health and safety rights
law was passed in Los Angeles County,
of women in favour of more realistic
California, the location with the largest
pornographic movies and a reduction in
percentage of pornography distribution
production costs.
worldwide.26 This law requires the use of
25
Does Pornography Harm Women?
has
Furthermore,
been using condoms.24
condoms in all anal and vaginal sex scenes that take place across pornography 23
films produced in Los Angeles. Passing
Steven Pinkerton and Paul Abramson,
‘Effectiveness of Condoms in Preventing HIV
“Measure B” marked a vital step in
Transmission’, Social Science and Medicine, 44. 9
tackling STDs within the industry. There
(1997), 1303-1312,<http://dx.doi.org/10.1016/S0277-
has also been a substantial wave of
9536(96)00258-4>.
KANNEN RAMSAMY
essay
24
Ven-hwei Lo and Ran Wei, (2002), 13-133.
25
Corita Grudzen, Marc Elliott, Peter Kerndt, Mark
independent pornography directors that have attempted to create female friendly
Schuster, Robert Brook, Lillian Gelberg, ‘Condon Use and High-Risk Sexual Health Acts in Adult Films: A
26
Comparison of Heterosexual and Homosexual Films’,
Condom Law for Porn Actors’, BBC World News US
American Journal of Public Health, 99. 1 (2009), 152-
Canada, <http://www.bbc.co.uk/news/world-us-cana-
156, <DOI:10.2105/AJPH.2007.127035>.
da-30489942> [Accessed 24/11/15].
37
BBC World News, ‘US Court Upholds Los Angeles
HUMAN RIGHTS JOURNAL
da-30489942> [Accessed 24/11/15]
films, by moving away from the persistent negative features of the mainstream
Boreman, Linda and Mike McGrady,
and creating pornography that avoids
Ordeal, (US: Kensington Publishing Corp, 1980)
promoting sexist values. Yet there is still an incredible amount of work remaining
Brison, Susan, ‘The Price we Pay?’, in Contemporary Debates in Applied Ethics,
to be done in order to successfully
ed. by Andrew Cohen and Christopher Heath Wellman (US: Wiley-Blackwell, 2005), pp. 319-33
repudiate the gender inequality created by the pornography industry. Whilst of course to eliminate all inegalitarian
Burt, Martha, ‘Cultural Myths and Support for Rape’, Journal of Personality and Social Psychology, 38. 2 (1980), 217-230
pornography would not mean to eliminate gender inequality, it would certainly prove to be a stride towards a
Carroll, Rory, ‘US porn actor’s HIV test prompts calls for moratorium on production’, The Guardian, <https://www. theguardian.com/culture/2013/aug/25/ us-porn-industry-actor-hiv> [Accessed 24/11/15] de Cesare, Maria, ‘Resolving the Problem of Performer Health and Safety in the Adult Film Industry’, Southern Califor-
fairer and more equal society.
Bibliography Allen, Mike, Tara Emmers, Lisa Gebhardt, Mary Giery, ‘Exposure to Pornography and Acceptance of Rape Myths’, Journal of Communications, 45. 1 (1995), 6-26
nia Law Review, 79. 3 (2006), 667-710 < Eaton, Anne Wescott, ‘A Sensible Porn Anti-Feminism’, Ethics, 117. 4 (2007), 674-
<DOI:10.1111/j.1460-2466.1995.tb00711.x>
715 <http://web.mit.edu/sgrp/2008/no2/
Bridges, Ana, Robert Wosnitzer, Erica Scharrer, Chyng Sun, Rachael Liberman,
EatonSAPF.pdf> [Accessed 20/11/15]
‘Aggression and Sexual Behaviour in Best-Selling Pornography Videos: A Content Analysis Update’, Violence
Frith, Hannah, ‘Visualising the ‘real’ the ‘fake’: emotion work and the representa-
<DOI:10.1177/1077801210382866> BBC World News, ‘US Court Upholds Los Angeles Condom Law for Porn Actors’,
Griffith, James, Lea Adams, Christian Hart, Sharon Mitchell, ‘Why Become a Pornog-
BBC World News US Canada, <http:// www.bbc.co.uk/news/world-us-cana-
raphy Actress?’, International Journal of
38
VOLUME 1 ISSUE 5
tion of orgasm in pornography and everyday sexual interactions’, Journal of Gender Studies, 24. 4 (2015), 386-398, <
Against Women, 16. 10 (2010), 1065-1085
UNIVERSITY OF LEEDS
Sexual Health, 24. 2 (2012), 165-180
Lubben, <https://www.shelleylubben.com/
Grudzen, Corita, Marc Elliott, Peter Kerndt,
hardcore-story-porn-star-elizabeth-rollings> [Accessed 21/11/15]
Mark Schuster, Robert Brook, Lillian Gelberg, ‘Condon Use and High-Risk Sexual
Watson, Mary and Randyl Smith, ‘Positive
Health Acts in Adult Films: A Comparison of Heterosexual and Homosexual Films’, American Journal of Public Health, 99. 1
Porn: Educational, Medical and Clinical Uses’, American Journal of Sexual Education, 7. 2 (2012), 122-145, <
(2009), 152-156,
Williams, Linda, Hard Core: Power, Pleasure and “the Frenzy of the Visible”, (US: University of California Press, 1989)
Grudzen, Corita and Peter Kerndt, ‘The Adult Film Industry: Time to Regulate’, PLoS Medicine Journal, 4. 6 (2007), > Heilman, Madeline, ‘Description and Prescription: How Gender Stereotypes Prevent Women’s Ascent Up the Organizational Ladder’, Journal of Social Issues, 57. 4 (2001), 657-674,
Does Pornography Harm Women?
Lubben, Shelley, Truth Behind the Fantasy of Porn: The Greatest Illusion on Earth, (US: Createspace, 2010) Lo, Ven-hwei and Ran Wei, ‘Third-Person Effect, Gender, and Pornography on the Internet’, Journal of Broadcasting & Electronic Media, 46. 1 (2002), 13-33, < MacKinnon, Catherine, Only Words, (US: Harvard University Press, 1993)Oxford Online Dictionary, <http://www.oxforddic-
KANNEN RAMSAMY
tionaries.com/> [Accessed 19/11/15] Pinkerton, Steven and Paul Abramson, ‘Effectiveness of Condoms in Preventing HIV Transmission’, Social Science and Medicine, 44. 9 (1997), 1303-1312,< Rollings, Elizabeth, ‘The Hardcore Story Of Elizabth Rollings Interview’, Shelley
39
HUMAN RIGHTS JOURNAL
For The Protection Of ‘True’ Human Rights: A Totalitarian Regime On The Korean Peninsula Richard Griffin
An extensive system of population classification and brutal violence against detainees in prison camps terrorises the
This essay examines the extensive
citizens of North Korea. The Kim family
humanitarian crisis within North
dynasty reigns supreme in the repressive
Korea, arguably the most secretive
East Asian society. The unfortunate
state in the world. It provides a
reality for the people experiencing
detailed report of the human rights
this historic restriction of life is that the
violations taking place through the
central state remains both the violator
accounts of refugees and secondary
and the protector of their human
reading material from recognised
rights, resulting in the central paradox
specialists in the field. The emphasis
of its cult of personality.1 The secretive
in the media on Kim Jong-un’s
nature of the regime makes it difficult
nuclear development programme
to fully understand the humanitarian
has
overshadowed
crisis, but accounts from refugees who
the brutal reality of life for the
have successfully fled the country,
millions of citizens subjected to the
alongside
oppressive regime. This piece aims
contributes to our understanding of
to encourage greater awareness of
the situation. Additionally it is possible
the extent of the crisis that is taking
to analyse state propaganda and
place with suggestions of what can
published government documents for
be done to improve the situation, in
more reliable, primary evidence of the
somewhat
aerial
satellite
imagery,
asylum
in
neighbouring
1
Asian
Mikyoung Kim, Securitisation of Human Rights:
North Korean Refugees in East Asia (California:
countries.
Praeger, 2012) p. 2.
40
VOLUME 1 ISSUE 5
particular for the refugees seeking
UNIVERSITY OF LEEDS
contradictory nature of North Korea’s
the earliest descriptions of “Our Style”
human rights policy. This essay will
comes from an article in the state-run
provide an overview of the ways in which
newspaper, Rondong Sinmun, on the
the state violates international law. This
24 June 1995 under the title, ‘For the
includes the use of a social classification
protection of true human rights’4. In
system and use of torture within prison
this, it was described as a system in
camps. It will consider the possible ways
which people would only be afforded
in which the crisis could be confronted,
basic human rights if they display clear,
with the aim of raising greater awareness
unconditional loyalty and devotion to
of human rights abuses in the DPRK. As
the party and the Great Leader. This
summarised by Kang, North Korea is ‘a
highlights the authoritarian nature of
time bomb that may or may not go off’.2
North Korea’s government. The leader, currently Kim Jong-un, is portrayed in
The North Korean government has
official state propaganda as an almost
long sought to develop a society
god-like figure who desires only to
in which the people unite together
please his country. However, the reality
as a family with full respect and
is evidently very different, as the most
obedience for their Great Leader.
essential human rights are violated
Their human rights policy, referred
for most people within the country.
to as “Our Style”, was developed by
This includes state persecution of
Kim Jong-Il and is a combination of
individuals based on their religion
traditional Juche ideology, or self-
and the use of deliberate torture
reliance, and Confucianism.3 One of
via prolonged starvation.5 Japanese citizens have also been kidnapped
2
and brought to Pyongyang by North
Grace M. Kang, ‘A Regional Solution for Human
Rights and the End of Weapons of Mass Destruction in
Korean spies, reportedly in order
North Korea’, in The Journal of Korean Law, 4, 2 (2005),
to have children who could then be
p. 203. 3
Jiyoung Song, Human Rights Discourse in North
Korea: Post-Colonial, Marxist, and Confucian Pespec-
4
Song, p. 146.
tives (London: Routledge, 2011) p. 147.
5
Editorial, ‘Evidence of Intolerable Human Rights
Song, p. 146.
Violations’, in The Lancet, 383, 9919 (2014), 756.
41
HUMAN RIGHTS JOURNAL
placed around the world as agents of the
whilst 55% belonged to the wavering
regime.6 Power within the state-society
class, and the remaining 20% of the
relationship is held solely by the Great
population could be categorised under
Leader who uses repression and terror
the hostile class.9 Those regarded as
against his country on a large scale.7
hostile to the state are often merely the relatives of a family member who may
This is arguably most evident through
have fled to South Korea, yet they carry
North
social
this stigma.10 North Korean diplomats
classification system, the “songbun”,
have tried to deflect attention from the
which ‘subdivides the population of
issue by denying its existence but their
the country into fifty-one categories
own government documents make
based upon trustworthiness and loyalty
frequent reference to it.11 Frighteningly,
to the Kim family’.8 Collectively, these
songbun may impact the extent of
can then be summarised under three
human rights violations for different
broader groups: the core, the wavering,
groups. In the late twentieth century,
and the hostile classes. Kim Il-sung, in
North Korea experienced a devastating
a 1958 speech, declared that the core
famine that further reduced its already
class consisted of 25% of the population,
low food supply resulting in the deaths
Korea’s
little
known
of millions of people from hunger and 6
Oliver Hotham, Jiwon Song, ‘New Book sheds
malnutrition.12
light on North Korea’s abduction programme’, in
In 1998, numerous
Guardian (2016) < https://www.theguardian.com/
organisations
world/2016/apr/01/north-korea-abduction-rob-
conducted a survey which revealed that
ert-boynton-invitation-only-zone-book >
32% of North Korean children showed
7
no evidence of malnutrition, 62%
Peter Walker, ‘North Korea human rights abuses
resemble those of the Nazis, says Un enquiry’, in Guardian (2014) < https://www.theguardian.com/
9
world/2014/feb/17/north-korea-human-rights-abus-
10
es-united-nations#comments >
UNICEF
Collins, p. 4. Paul Eckert, ‘North Korea political caste system
behind abuses: study’, in Reuters (2012) < http://
Robert Collins, ‘Marked for Life: Songbun, North
www.reuters.com/article/us-korea-north-caste-idUS-
Korea’s Social Classification System’, from The Com-
BRE85505T20120606 >
mittee for Human Rights in North Korea (Washington DC: 2012) < https://www.hrnk.org/uploads/pdfs/
11
Collins, p. 86.
HRNK_Songbun_Web.pdf >
12
Song, p. 149.
42
VOLUME 1 ISSUE 5
8
including
For The Protection Of ‘True’ Human Rights: A Totalitarian Regime On The Korean Peninsula
UNIVERSITY OF LEEDS
suffered moderate malnutrition, and 16%
categorised under the hostile class are, in
suffered severe malnutrition.13 Collins has
accordance with the wording of their own
highlighted that the rates of malnutrition
constitution, to be treated as a problem.
closely corroborate with the percentages
Other articles of the constitution openly
of people under the three broad
admit that human rights and freedoms
songbun classification groups. Therefore,
are only to be provided to those who
it can be inferred that the North Korean
remain committed to supporting the
state allocated their scarce food supply
objectives of the state.16 Upon reviewing
to the population in accordance with
the evidence it appears that the songbun
which group they fell into. Those of the
system underpins the lifestyle and future
hostile class received less food supplies
for the people of North Korea. In addition
than those of the core class, resulting in a
to the impact that this ‘label’ has on
higher level of malnutrition among those
their prospects in times of national crisis
children. This remains an issue today, with
such as famine, for those categorised as
one in ten children suffering from acute
anything other than “core” songbun also
malnutrition and four in ten children in the
results in a lifetime of poverty and hard
DPRK being chronically malnourished.14
labour in the countryside along with an increased likelihood of admittance to a
North Korean state laws, such as the 2009
prison camp. 17
provisions to the constitution, attempt to appease international humanitarian
The United Nations has concluded that
groups, arguing that that the government
Kim Jong-un commits human rights
is keen to protect their people from
violations on a scale ‘unparalleled in the
‘hostile elements at home and abroad’.15
modern world’, likening the crimes to
However, this is a further way in which the
those conducted by the Nazis in 1940s
songbun system determines the standard
Germany.18 The songbun system is the
RICHARD GRIFFIN
of living of the population. Those 16
Collins, p. 89.
17
Eckert, North Korea political caste system
13
Collins, p. 4.
behind abuses.
14
Kang, p. 207.
18
15
Collins, p. 88.
ble those of the Nazis
43
Walker, North Korea human rights abuses resem-
HUMAN RIGHTS JOURNAL
central structure of the humanitarian crisis
20,000 people are thought to be held at
and its influence can be seen in other
Camp 16 alone.22 A former prison guard
areas of North Korean life, particularly
reported that its residents were forced
in regards to human rights violations.
to dig their own graves and were killed
Evidence indicates that excessive use of
by a hammer blow to the neck, whilst
torture, execution, starvation, and prison
women were repeatedly raped by guards
camps is common in the North Korean
before being murdered.23 The expansion
state, as shown through satellite imagery
of state prison camps is therefore a
and the accounts of refugees.19 Images
worrying trend. A significant number of
taken in November 2016 indicate that
prisoners are sent to the camps due to
the infamous prison camps are being
crimes against the state and often their
expanded to house more inmates
families are forced to join them due to
while the guards are given greater
their punishment strategy of ‘guilt-by-
opportunity to observe them through
association’.24
the development of additional watch
clear violation of international human
towers.20 The prison camps, referred to
rights laws but the hopeless reality for the
locally as kwanliso, have been a strong
people in the country is that the secretive,
source of concern among international
isolated nature of the state makes it
human rights organisations.21 Up to
difficult for foreign groups to intervene.
These incidents are in
This gives rise to the paramount question 19
– how can the problem be solved? The
Kum-Sun Lee, Su-am Kim, North Korean Human
question remains largely unanswered but
Rights Abuses and Strategies for Improvement (Seoul: Research Series 09-11, 2009) p. 104. 20
22
Jon Sharman, ‘North Korea: New satellite
Amnesty International UK, ‘North Korea: The Inside
images reveal ‘hellish’ reality of Kim Jong-un’s prison
Story’ (2014) https://www.amnesty.org.uk/North-Korea-
camps’, in The Independent (2016) < http://www.
prison-camp-officials-raped-women-killed-secret
independent.co.uk/news/world/asia/north-korea-pris-
23
on-camps-photos-kim-jong-un-amnesty-latest-satel-
Story’ (2014) https://www.amnesty.org.uk/North-Korea-
lite-images-a7434701.html >
prison-camp-officials-raped-women-killed-secret Amnesty International UK, North Korea: The Inside
North Korea 2016/2017 Annual Report, Amnesty
International UK < https://www.amnesty.org/en/
Story
countries/asia-and-the-pacific/north-korea/report-ko-
24
rea-democratic-peoples-republic-of/ >
Inside Story
44
Amnesty International UK, North Korea: The
VOLUME 1 ISSUE 5
21
Amnesty International UK, ‘North Korea: The Inside
For The Protection Of ‘True’ Human Rights: A Totalitarian Regime On The Korean Peninsula
UNIVERSITY OF LEEDS
numerous suggestions have been put
activism within neighbouring countries.
forward by specialists in the field. People
Primarily, he states that the South Korean
within North Korea are beginning to
government should be encouraged
question the propaganda that suggests
to
the Great Leader is eager to support
Korean refugees who wish to pursue
them as it seems fundamentally opposed
postgraduate education, increasing the
to their reality.25 However, many have no
number of journalists and policy analysts
coherent understanding of alternative
in the South.29 Not only would their first-
values and so struggle to imagine that
hand experience of life in the DPRK be
their situation could improve.26 Nathan’s
beneficial to government organisations,
theory of coercive repression could
but, should the North collapse, such
explain this; the continued repression
policy analysts would be useful for its
from the state convinces the population
reconstruction.30 A number of refugees
that the regime’s ‘grip on power is
continue to communicate with relatives
The repressive nature
in the North through Chinese mobile
of the regime prevents protest and
phones and with greater education they
activism in the country as they would be
would, in theory, be able to communicate
considered enemies of the state and their
more useful and reliable information
punishment would be harsh.28 However,
to them.31 This leads to an additional
Lankov
numerous
suggestion. As long as the oppressive
ways in which international groups can
regime remains in power, social attitudes
assist in bringing change, focusing on
among the general population can be
unshakeable’.27
has
suggested
provide
scholarships
to
North
encouraged to become more sceptical 25
of the regime through the importation
Ralph C. Hassig, Kongdan Oh, The Hidden
of unauthorised knowledge. Increasing
People of North Korea: Everyday Life in the Hermit Kingdom (Maryland: Rowman & Littlefield Publishers
RICHARD GRIFFIN
Inc., 2009) p. 171. 26
Hassig, Oh, p. 171.
27
Andrew Nathan, ‘Authoritarian Resilience’, in
29
Politics in the Failed Stalinist Utopia (Oxford: Oxford University Press, 2015) p. 257.
Journal of Democracy, 14, 1 (2003), p. 114. 28
Andrei Lankov, The Real North Korea: Life and
Sharman, North Korea: New satellite images
reveal ‘hellish’ reality of Kim Jong-un’s prison camps.
45
30
Lankov, The Real North Korea, 257.
31
Lankov, The Real North Korea, 257.
HUMAN RIGHTS JOURNAL
numbers of North Koreans are now
whereupon they face torture and
gaining access to DVD players in their
imprisonment.34 Lankov has described
homes and illegal forms of media such
the Chinese border police as being
as documentaries are being smuggled
‘more of a deterrent to defection than
into the country.
32
This will increase
the DPRK’s own border guards’.35
awareness of the world outside the
This is unfortunately becoming the
state’s borders and perhaps encourage
reality for those discovered in other
its people to unite in greater numbers
neighbouring
against the totalitarian regime. In
countries
too.
An
investigation by Amnesty International
addition, Ko Young-hwan, a former
highlighted the case of four young, 14 -
North Korean diplomat who successfully
19-year-old refugees who were caught
fled the country, has suggested that
in Laos and sent back to North Korea
internal conflicts within the state party are growing and Kim Jong-un’s popularity
by authorities. They appeared on state
is waning.33 If this trend continues, the
television, describing their pleasure at
possibility of the state collapsing from
being returned home. Now, at least
within will become much more likely.
two are suspected to have been killed and the other two currently facing
Perhaps the most important short term
torture and hard labour in Camp 14.36
policy is to pressure China and other
In addition, the United States’ Central
nearby Asian countries to receive North
Intelligence Agency has revealed that
Korean refugees with more empathy.
many refugees are taken and forced
Currently, refugees who are caught in China are returned to North Korea, 34 32
Lankov, The Real North Korea, 252.
33
Elizabeth Shim, ‘Kim Jong-un unpopular among
Amnesty International UK, ‘China must stop
returning people to North Korea’ (2014) < https:// www.amnesty.org.uk/china-must-stop-returning-peo-
Press International (2016) < http://www.upi.com/
35
Top_News/World-News/2016/04/28/Kim-Jong-Un-
Northeast China’, in Asian Survey, 44, 6 (2004), p. 857.
unpopular-among-top-North-Korea-officials-defector-
36
says/6141461862688/ >
returning people to North Korea.
46
Andrei Lankov, ‘North Korean Refugees in
Amnesty International UK, China must stop
VOLUME 1 ISSUE 5
ple-north-korea >
top North Korean officials, defector says’, in United
For The Protection Of ‘True’ Human Rights: A Totalitarian Regime On The Korean Peninsula
UNIVERSITY OF LEEDS
into illegal labour and sex trafficking.37
World
It
encouraged
is
essential
that
neighbouring
leaders to
should
also
intervene
be
where
countries recognise the status of these
possible too. The North Korean Human
people as genuine refugees fleeing
Rights Act, issued by the US Congress in
human rights violations, and return
2004, authorised funding of $2,000,000
them to South, rather than North, Korea.
per year to be invested in research into
Otherwise the fear of being caught and
the crisis. It has recently been extended
the harsh punishment that would follow
until 2017, with the government hoping
will inevitably discourage citizens of the
more Korean refugees will settle in the
DPRK from making attempts to escape
United States.39 Furthermore, Britain has
in the future. The country in which these
had some level of involvement in the crisis
refugees first find themselves in, usually
too; Rammell discussed the issue in 2005,
China, must be strongly encouraged
saying that ‘a policy of intervention by
to abide by the rules set out in Article
the international community is required
3 of the 1951 Refugee Convention.
to resolve the issue’.40 Exactly what this
This states that the provisions of the
necessary international intervention will
convention should be applied to
consist of remains to be seen, as the
refugees ‘without discrimination as to
humanitarian crisis persists to this day,
race, religion, or country of origin’.38
twelve years after his statement.
This would ensure the safety of those who flee from the North. Much more
North Korea is one of the few totalitarian
effort is still needed to guarantee the
regimes to remain in the modern world. Its
safety of North Korean refugees in Asia.
growing
nuclear
development
programme has kept the country in the news but it is essential that the human
RICHARD GRIFFIN
37
United States of America Central Intelligence
Agency’s North Korea fact book < https://www.cia. gov/library/publications/the-world-factbook/geos/
39
Kang, p. 208.
kn.html >
40
Yonhap News Agency, ‘UK condemns North
38
Koreas human rights record, urges intervention’, in
1951 Refugee Convention, in The UN Refugee
Agency < http://www.unhcr.org/uk/3b66c2aa10 >
BBC Monitoring Asia Pacific (2005).
47
HUMAN RIGHTS JOURNAL
Amnesty International UK, ‘North Korea:
rights abuses taking place within its
The Inside Story’ (2014) < https://www. amnesty.org.uk/North-Korea-prison-camp-
borders are not forgotten. The physical and psychological effects of living
officials-raped-women-killed-secret >
under such a repressive regime are
Collins, Robert, ‘Marked for Life: Songbun,
numerous which makes it ever more
North Korea’s Social Classification System’, from The Committee for Human Rights
important that the crisis is addressed in the foreseeable future. The ways in
in North Korea (Washington DC: 2012) < https://www.hrnk.org/uploads/pdfs/HRNK_ Songbun_Web.pdf >
which western powers could influence the curtailing of human rights abuses should be continually assessed, but
Eckert, Paul, ‘North Korea political caste system behind abuses: study’, in Reuters (2012) < http://www.reuters. com/article/us-korea-north-caste-idUSBRE85505T20120606 >
attention must be primarily focussed upon the neighbouring East Asian countries. Better support for those who successfully flee the DPRK would
Editorial, ‘Evidence of Intolerable Human Rights Violations’, in The Lancet, 383, 9919 (2014), 756.
be an effective starting point in the path towards the hopeful future reunification of the two Koreas.
Hassig, Ralph C., Kongdan Oh, The Hidden People of North Korea: Everyday Life in the Hermit Kingdom (Maryland: Rowman & Littlefield Publishers Inc., 2009) p. 171.
Bibliography 1951 Refugee Convention, in The UN Refugee Agency < http://www.unhcr.org/
Hotham, Oliver, Jiwon Song, ‘New Book shed’s light on North Korea’s abduction
uk/3b66c2aa10 >
programme’, in Guardian (2016) < https:// www.theguardian.com/world/2016/apr/01/
Amnesty International UK, North Korea 2016/2017 Annual Report < https://www.
north-korea-abduction-robert-boynton-invitation-only-zone-book >
amnesty.org/en/countries/asia-and-thepacific/north-korea/report-korea-democratic-peoples-republic-of/ > Amnesty International UK, ‘China must stop returning people to North Korea’ (2014) <
Journal of Korean Law, 4, 2 (2005), p. 203.
https://www.amnesty.org.uk/china-muststop-returning-people-north-korea >
Kim, Mikyoung, Securitisation of Human
48
VOLUME 1 ISSUE 5
Kang, Grace M., ‘A Regional Solution for Human Rights and the End of Weapons of Mass Destruction in North Korea’, in The
UNIVERSITY OF LEEDS
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone? Olivia Gray The 2013 outbreak of the Ebola virus
the health care sector and extracted
disease (EVD) was the largest ever
substantial quantities of international
witnessed in West Africa.1 Tragically, this
relief
crisis could have been averted.2 The
uncoordinated international response
pathogen is ruthless but as Peter Piot,
from organisations such as the World
the acclaimed Ebola microbiologist
Health Organisation (WHO) increased
commented, “something that is easy to
the spread and impact of the virus.5
control got completely out of hand”.3
The EVD virus caused immense human
This essay argues that that the origins
devastation in Sierra Leone with 14,124
of the EVD epidemic lay primarily in
cases of EVD and 3,956 total deaths
the corrupt and inefficient ‘gatekeeper’
recorded.6 The failure to effectively
state of Sierra Leone which crippled
prevent and contain the epidemic
1
4
Paul, Richards, and Joseph Amara, Mariane C. Ferme ,
aid.4
Secondly,
the
late,
Emma-Louise, Anderson and Alex, Beresford, ‘Infectious
Prince Kamara , Esther Mokuwa, Amara Idara Sheriff, Roland
injustice: the political foundations of the Ebola crisis in Sierra
Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus
Leone’, Third World Quarterly, 37.3 (2014), 468-486 <http://
Disease in Rural Sierra Leone, and Some Implications for
www.tandfonline.com/doi/full/10.1080/01436597.2015.110317
Containment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://
5> [accessed 6 November 2016].
journals.plos.org/plosntds/article/file?id=10.1371/journal.
5
pntd.0003567&type=printable> [accessed 14 November
Health Organization and the 2014 Ebola outbreak in West
2016], p.1.
Africa’, Third World Quarterly, 37.3 (2016), 401-418. <http://
2
www.tandfonline.com/doi/pdf/10.1080/01436597.2015.11122
Jeffrey, Gettleman, Ebola Should Be Easy to Treat. (2014)
Adam, Kamradt-Scott, ‘WHO’s to blame? The World
<http://www.nytimes.com/2014/12/21/sunday-review/ebola-
32?needAccess=true> [accessed 8 November 2016] p.1.
should-be-easy-to-treat.html?_r=0> [accessed 10 November
6
2016].
Previous Case Counts| Ebola Haemorrhagic Fever
3
| CDC. Centres for Disease Control and Preven-
Sarah, Boseley, Ebola epidemic may not end without
Centres for Disease Control and Prevention.
developing vaccine, scientist warns (2014) <https://www.
tion (2014) <http://www.cdc.gov/vhf/ebola/out-
theguardian.com/world/2014/oct/16/ebola-vaccine-peter-pi-
breaks/2014-west-africa/previous-case-counts.html>
ot-west-africa-epidemic> [accessed 10 November 2016].
[accessed 23 November 2016].
49
HUMAN RIGHTS JOURNAL
represented a violation of the human
The concept of structural violence
rights of the affected Sierra Leoneans
is important to understanding the
and international aid staff who suffered
responsibility of the Sierra Leonean
from restraints on their movements,
state for the devastating impact of the
the denial of basic social rights for
EVD epidemic. Galtung defines the
quarantined communities, violations
violence which is, “built into the structure
to human dignity and the right to life
and shows up as unequal power and
stemming from inadequate health care
consequently as unequal life chances”.8
and the use of excessive violence by
Galtung characterises it as social injustice
security services which caused further
and defines violence as both direct and
deaths and grievances.7
indirect actions that cause harm to a person or group of persons by limiting their agency.9 Farmer links structural
United Nations Human Rights, A Human Rights
violence to epidemics, identifying them
Perspective Into The Ebola Outbreak, (West Africa:
as an adverse event of the structural
7
Office of the United Nations High Commissioner for Human Rights West Africa Regional Office, 2014),
violence of the state due to how political
pp. 1-14 <http://www.globalhealth.org/wp-content/
and economic forces have structured
uploads/A-human-rights-perspective-into-the-Ebo-
risks for diseases.10 The Sierra Leonean
la-outbreak.pdf> [accessed 14 March 2017].
state structural violence caused huge socio-economic inequalities enabling widespread transmission of the EVD rendering the state largely responsible for the devastating impact of the epidemic.
8
Johan, Galtung, ‘Violence, Peace, and Peace Re-
search’ Journal of Peace Research, 6.3 (1969), 167-191 <http://www.jstor.org/stable/422690?seq=6#page_
p.171. 9 10
Ibid. p.169. Paul, Farmer, Pathologies of power (Berkeley:
University of California Press, 2003).
50
VOLUME 1 ISSUE 5
scan_tab_contents> [accessed 10 November 2016],
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
UNIVERSITY OF LEEDS
First, the “gatekeeper crisis” of the
of the disease.14 The second part
state will be examined, demonstrating
of the essay focuses on the failures
how it caused endemic corruption
and limitations of the international
and a severely weakened health care
response to the Ebola epidemic,
system already compromised by the
emphasising
legacy of colonial rule.11 This essay
management and late response
highlight how state corruption caused
of the World Health Organisation
inefficient parallel health care systems
(WHO).15 Next, the spread of EVD
and the extensive misappropriation of
due to Western states ‘securitising’
Ebola relief aid, compromising their
the epidemic, prioritising their own
response to EVD.
12
Following that,
biosecurity.16
the
Finally,
shambolic
the
failure
the historic state marginalisation of
to bridge scientific or biomedical
rural populations will be examined,
understanding of the disease with
using Nunes’ concept of “abjection”,
local cultural and religious factors
emphasising how this served to increase
will be analysed. This served as a
the transmission of EVD.13 Galtung’s
vector for EVD largely due to a lack
theory of structural violence will be used to highlight how inequalities and vulnerability were structured into society leaving marginalised groups
14
highly susceptible to the transmission
Johan, Galtung, ‘Violence, Peace, and Peace Research’
Journal of Peace Research, 6.3 (1969), 167-191 <http://www. jstor.org/stable/422690?seq=6#page_scan_tab_contents> [accessed 10 November 2016].
11
Emma-Louise, Anderson and Alex, Beresford, ‘Infec-
15
Adam, Kamradt-Scott, ‘WHO’s to blame? The World
tious injustice: the political foundations of the Ebola crisis in
Health Organization and the 2014 Ebola outbreak in West
Sierra Leone’, Third World Quarterly, 37.3 (2014), 468-486.
Africa’, Third World Quarterly, 37.3 (2016), 401-418. <http://
<http://www.tandfonline.com/doi/full/10.1080/01436597.2015
www.tandfonline.com/doi/pdf/10.1080/01436597.2015.11122
.1103175> [accessed 6 November 2016]
32?needAccess=true> [accessed 8 November 2016] p.1.
12
Ibid. p.469
16
13
João, Nunes, ‘Ebola and the production of neglect in
shared to multiple responsibilities’, Third World Quarterly,
Clare, Wenham, ‘Ebola respons-ibility: moving from
global health’, Third World Quarterly. 37.3 (2016), 542-556
37.3 (2016), 436-451. <http://www.tandfonline.com/doi/pdf/10
<http://www.tandfonline.com/doi/pdf/10.1080/01436597.201
.1080/01436597.2015.1116366?needAccess=true> [accessed
5.1124724?needAccess=true> [accessed 10 November 2016].
8 November 2016] p.444.
51
HUMAN RIGHTS JOURNAL
of community engagement.17
at independence, many African states act as ‘gatekeepers’ by controlling
Oxfam stated, “a
country’s ability to
the distribution of the country’s public
contain an outbreak of an infectious
resources such as international aid, the
disease like Ebola is largely dependent
army, natural resources and access to
on the strength of its healthcare system
markets in order to maintain economic
and having enough staff”, commenting
and political power.21 A system of
that Sierra Leone’s heath care system
neopatrimonialism results; members of
was “too weak to control the outbreak”.18
the state use resources to secure loyalty/
Anderson and Beresford identify an
power and extensive private networks
of Cooper’s
of political patronage exist, “as systems
“gatekeeper crisis”20 as a key factor in
of patron-client ties that bind leaders
this. Inherited from their colonial rulers
and followers in relationships”.22 Reno
“extreme manifestation”
19
describes how these systems form 17
the ‘Shadow State’; a complex array
Paul, Richards, and Joseph Amara, Mariane C. Ferme ,
Prince Kamara , Esther Mokuwa, Amara Idara Sheriff, Roland
of, “informal commercially orientated
Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus
networks…The emergence of rulers
Disease in Rural Sierra Leone, and Some Implications for
drawing authority from their abilities
Containment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://
to control markets and their material
journals.plos.org/plosntds/article/file?id=10.1371/journal. pntd.0003567&type=printable> [accessed 14 November
rewards.”23 This results in endemic
2016], p.8.
corruption and inequalities within the
18
Laura, Searle, The global health workforce crisis:
what we can learn from the Ebola outbreak | Oxfam
21
Ibid, p.157.
GB | Policy & Practice (2014) <http://policy-practice.
22
Morten, Bøås, ‘Liberia and Sierra Leone – Dead
oxfam.org.uk/blog/2014/11/the-global-health-work-
Ringers?’, Third World Quarterly, 22.5 (2001), 697-723
force-crisis> [accessed 16 November 2016].
<http://graduateinstitute.ch/files/live/sites/iheid/
19
files/sites/international_history_politics/shared/
Emma-Louise, Anderson and Alex, Beresford,
history_course_support_2013-2014/HI022/Boas%20
Ebola crisis in Sierra Leone’, Third World Quarterly,
Liberia%20and%20Sierra%20Leone.pdf> [accessed 10
37.3 (2014), 468-486
November 2016], p.700.
20
23
Frederick, Cooper, Africa Since 1940: The Past of
William, Reno, Corruption and State Politics in
the Present (Cambridge: Cambridge University Press,
Sierra Leone (New York: Cambridge University Press,
2002), p.157.
1995), p.3.
52
VOLUME 1 ISSUE 5
‘Infectious injustice: the political foundations of the
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
UNIVERSITY OF LEEDS
state.24 The corrupt Shadow State has
system. Although the WHO officially
resulted in, “historical mismanagement
recommends 23 doctors, nurses and
and lack of proper accountability in the
midwives for every 10,000 civilians,
handling of state resources…A vacuum
Sierra Leone had only 0.002 doctors to
in the process of accountability for public
every 1,000 people.27 Despite the Abuja
office holders.”25 However, Mamdani
Declaration of 1989 which demanded
strongly emphasises how the colonial
15% of government budget, the
legacy; the neopatrimonial, inefficient
Ministry of Health and Sanitation
“institution” remains “more or less
(MoHS) was only allocated 8%, leaving
intact” in most African states.26 Therefore,
it chronically underfunded.28
the post-colonial state had inherited an
government ignored regular audits that
already highly corrupt and weakened
documented its acute weaknesses.29
health care system unable to cope with
This is a feature of the ‘Shadow State’
an epidemic.
whereby patrimonialism undermines,
The
“productive investment and effective This
‘gatekeeper
crisis’
severely
institutional state capacity”.30
compromised the performance and resources allocated to their health care
27 WHO, ‘Global Health Observatory Data Repository’ (density per 1000, by country). (2014) <http://apps.who.int/ gho/data/view.main.92100> [accessed 14 November 2016].
24
28
Emma-Louise, Anderson and Alex, Beresford,
Emma-Louise, Anderson and Alex, Beresford, ‘Infec-
‘Infectious injustice: the political foundations of the
tious injustice: the political foundations of the Ebola crisis in
Ebola crisis in Sierra Leone’, Third World Quarterly,
Sierra Leone’, Third World Quarterly, 37.3 (2014), 468-486
37.3 (2014), 468-486 <http://www.tandfonline.com/
<http://www.tandfonline.com/doi/full/10.1080/01436597.2015
doi/full/10.1080/01436597.2015.1103175> [accessed
.1103175> [accessed 6 November 2016], p.473.
6 November 2016], p.427.
29
25
The Management Of The Ebola Funds, (Freetown: Audit
Abiodun, Alao, ‘Diamonds are forever…but so
Audit Service Sierra Leone, Report On The Audit Of
are controversies: Diamonds and the actors in Sierra
Service Sierra Leone, 2017), pp. 1-84 <https://www.scribd.
Leone’s civil war’, Civil Wars, 2.3 (1999), 43-64 <http://
com/document/255896806/Auditors-report-Sierra-leone-
dx.doi.org/10.1080/13698249908402414> [accessed
has-failed-to-properly-account-for-a-third-of-Ebola-funds-be-
10 November 2016], p.61.
tween-May-and-October> [accessed 14 March 2017]., p.1.
26
30
Mahmood, Mamdani, Citizen and Subject: Con-
William, Reno, Corruption and State Politics in
temporary Africa and the legacy of late colonialism
Sierra Leone (New York: Cambridge University Press,
(New Jersey: Princeton University Press, 1996), p.4.
1995), p.4.
53
HUMAN RIGHTS JOURNAL
An Oxfam report concluded that
Inadequate
during the EVD epidemic a severe
resources led to the death of 10% of
lack of development of health care
doctors and 7% of nurses.34 The WHO
infrastructure had resulted in; limited
reported that medical staffs were at
hand washing facilities in schools,
risk due to a shortage of protective
inadequate
equipment
numbers
of
health
funding
which
and
health
subsequently
care workers, facilities and training,
depleted, “one of the most vital assets
drinking water and hygiene in schools
during the control of any outbreak”35.
They stated these
This eroded community confidence;
shortcomings greatly increased the
fuelling powerful rumours that Ebola
risk of transmission of the disease and
was untreatable.36
and hospitals.31
compromised effective treatment.32 Adequate sanitation facilities were
The
vitally important as EVD is a “disease
sector was compounded by Structural
of social intimacy”; the main infection
Adjustment Programs in the 1990s,
pathways are through human to human
a series of neoliberal reforms that
weakness
of
the
healthcare
contact.
33
34 World Bank, Disproportionate deaths among health 31
care workers from Ebola could lead to sharp rise in maternal
Cairns, Ed, Ebola Is Still Here Voices From Liberia
And Sierra Leone On Response And Recovery, (Oxford:
mortality last seen 20 years ago – World Bank report
Oxfam GB, 2015), pp. 1-16 <http://policy-practice.oxfam.
(2015) <http://www.worldbank.org/en/news/press-re-
org.uk/publications/ebola-is-still-here-voices-from-libe-
lease/2015/07/08/disproportionate-deaths-among-health-
ria-and-sierra-leone-on-response-and-recove-345644>
care-workers-from-ebola-could-lead-to-sharp-rise-in-mater-
[accessed 14 March 2017], pp.1-16.
nal-mortality-last-seen-20-years-ago---world-bank-report> [accessed 14 November 2016].
Ibid. pp.1-16. 32
Ibid. pp.1-16.
33
Paul, Richards, and Joseph Amara, Mariane C. Ferme ,
35 WHO, Unprecedented Number of Medical Staff Infected with Ebola (2014) <http://www.who.int/mediacentre/news/ ebola/25-august-2014/en/> [accessed 8 January 2016].
Prince Kamara , Esther Mokuwa, Amara Idara Sheriff, Roland
36 Ministry of Health and Sanitation, Sierra Leone Basic
Disease in Rural Sierra Leone, and Some Implications for
Package Of Essential Health Services 2015-2020, (Freetown:
Containment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://
Ministry of Health and Sanitation, 2015), pp. 1-93 <http://
journals.plos.org/plosntds/article/file?id=10.1371/journal.
www.mamaye.org/sites/default/files/evidence/GoSL_2015_
pntd.0003567&type=printable> [accessed 14 November
Basic%20Package%20of%20Essential%20Health%20Servic-
2016], p.1.
es%202015-2020.pdf> [accessed 14 March 2017], p.13.
54
VOLUME 1 ISSUE 5
Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
UNIVERSITY OF LEEDS
saw the rolling back of the state; the
disease owing to poor sterilisation.39 This
end of Cold War alliance aid in 1990
caused a surge in EVD transmissions due
and
Development
to healer’s lack of specialised treatment,
Goals which prioritised international
“many cases have been traced to contact
health concerns such as HIV/AIDS but
with a traditional healer or herbalist.”40
neglected the deficiencies in health
The international community’s perceived
37
care workers’ training and salary.
corruption of the state had resulted
Failure to implement recommendations
in the creation of multi parallel health
from national and international health
systems comprising, “traditional healers,
organisations and underfunding MoHS
faith-based organisations, international
created a weak health care system
and local NGOs.”41 These systems
subsequently crippled by the EVD.
have “generated dysfunction, draining
the
Millennium
time and resources” exacerbating the During the epidemic, poor rural areas
weakness of the health care system and
turned to traditional healers as the
enabling rent-seeking for state actors.42
preferred health care choice.38 This was due partly to limited state-operated
The influx of foreign aid during the
health infrastructures and medical staff
EVD epidemic, totalling $300 million in
in rural areas and the lack of confidence in hospitals which were spreading the
37
39
Ibid.
40
Ibid.
41 Emma-Louise, Anderson and Alex, Beresford,
Melissa, Leach, ‘The Ebola Crisis and Post-2015
Development’, Journal of International Development, 27.6
‘Infectious injustice: the political foundations of the
(2015), 816-834. <https://opendocs.ids.ac.uk/opendocs/
Ebola crisis in Sierra Leone’, Third World Quarterly,
bitstream/handle/123456789/7065/Leach+post-2015+devel-
37.3 (2014), 468-486 <http://www.tandfonline.com/
opment+and+Ebola+JID+pre-proof.pdf;jsessionid=F2E1F-
doi/full/10.1080/01436597.2015.1103175> [accessed
33933C3DF2E68279B1249388AEB?sequence=1> [accessed
6 November 2016], p.437.
11 November 2016], p.9.
42
38
WHO, “Factors That Contributed To Undetected
‘Infectious injustice: the political foundations of the
Spread Of The Ebola Virus And Impeded Rapid Con-
Ebola crisis in Sierra Leone’, Third World Quarterly,
tainment”, World Health Organization, (2015) <http://
37.3 (2014), 468-486 <http://www.tandfonline.com/
www.who.int/csr/disease/ebola/one-year-report/
doi/full/10.1080/01436597.2015.1103175> [accessed
factors/en/> [accessed 14 March 2017].
6 November 2016], p.474.
55
Emma-Louise, Anderson and Alex, Beresford,
HUMAN RIGHTS JOURNAL
emergency aid from the United States
of the Ebola Funds in 2014 found that the
alone43 , created extensive rent-seeking
Ministry of Health accounts had a sum
opportunities
‘gatekeeper’
of Le 14,304,116,620 unaccounted for,
state.44 Transparency International noted
payments in the excess of Le 14 billion
how, “weak public management systems
made with no supporting documentation
coupled with high levels of corruption
to warrant its spending and there was
create many opportunities for the abuse
a “complete disregard for the law on
of power, bribery and unethical actions
public procurement in an emergency
that can limit the ability of donations
situation.”47 The structural violence of the
to stop the Ebola outbreak”.45 Bayart’s
state therefore denied the population
“strategies
were
essential medical resources for the
employed by the state; the manipulation
Ebola response, refusing on numerous
and extraction of international aid with
occasions to pay shipment fees of
a façade of observance towards the
$5,000-$6,500 for shipping containers of
economic and political conditionalities
emergency relief despite receiving $40
to maintain the influx of external aid.46 A
million in cash donations.48 A member of
report on the audit of the Management
the opposition party noted, “It appears
for
of
the
extraversion”
all they are interested in is cash donations. 43
U.S. Department of State, “Sierra Leone”, U.S. Depart-
And all we have are supplies.”49
ment Of State, 2016 <http://www.state.gov/r/pa/ei/bgn/5475. htm> [accessed 14 March 2017]. 44
Emma-Louise, Anderson and Alex, Beresford, ‘Infec-
47
Audit Service Sierra Leone, Report On The Audit
tious injustice: the political foundations of the Ebola crisis in
Of The Management Of The Ebola Funds, (Freetown:
Sierra Leone’, Third World Quarterly, 37.3 (2014), 468-486
Audit Service Sierra Leone, 2017), pp. 1-84 <https://
<http://www.tandfonline.com/doi/full/10.1080/01436597.2015
www.scribd.com/document/255896806/Auditors-re-
.1103175> [accessed 6 November 2016], p.476.
port-Sierra-leone-has-failed-to-properly-account-for-
45
a-third-of-Ebola-funds-between-May-and-October>
Transparency International, “Ebola: Corruption And
Aid”, Transparency.Org, 2015 <http://www.transparency.
[accessed 14 March 2017]. p.5.
org/news/feature/ebola_corruption_and_aid> [accessed 14
48
March 2017].
Is Nearby, But Delayed On The Docks”, New York
46
Times, 2014 <http://www.nytimes.com/2014/10/06/
Of Extraversion”, African Affairs, 99.395 (2000), 217-267
world/africa/sierra-leone-ebola-medical-supplies-de-
<https://doi.org/10.1093/afraf/99.395.217> [accessed 14
layed-docks.html> [accessed 14 March 2017].
March 2017], p.217.
49
56
Ibid.
VOLUME 1 ISSUE 5
Jean- Francois, Bayart, “Africa In The World: A History
Adam, Nossiter, “Ebola Help For Sierra Leone
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
UNIVERSITY OF LEEDS
Government officials in the MoHS also
that, “incentive payments to the sum of
acted as ‘gatekeepers’ by instigating
Le26 billions” were not paid to healthcare
‘ghost
identities
workers.54 Therefore, healthcare workers
created in order for state actors to illegally
aid extraction may be seen as result
receive their salaries.50 Consequently,
of state-induced deprivation of non-
health care workers had their wages
elites and an attempt to acquire the
withheld
difficulty
“necessities they need to survive.”55 This
determining between genuine and fake
demonstrates how the structural violence
workers and took strike action.51 The
of the state severely compromised
resulting chronic understaffing of medical
their response to the EVD outbreak;
staff and ambulance drivers increased
misappropriating aid resources and
transmission rates because relief centres
failing in its obligation to provide health
were unable to treat highly infectious
security to its population.56
workers’;
owing
fictional
to
the
patients.52 Normal workers also extracted aid resources to increase their meagre
This section will now focus on how
salaries by overcharging their patients
the Sierra Leonean state’s structural
for services or illicitly selling medicinal resources.53 The Audit Service reported
54
Audit Service Sierra Leone, Report On The Audit Of
The Management Of The Ebola Funds, (Freetown: Audit Service Sierra Leone, 2017), pp. 1-84 <https://www.scribd. 50
Emma, Farge, “Sierra Leone To Prosecute
com/document/255896806/Auditors-report-Sierra-leone-
Fraudulent Ebola “Ghostworkers””, Reuters, 2016
has-failed-to-properly-account-for-a-third-of-Ebola-funds-be-
<http://www.reuters.com/article/us-health-ebo-
tween-May-and-October> [accessed 14 March 2017].p.4.
la-fraud-idUSKBN0LE2M920150210> [accessed 14
55
March 2017].
Melissa, Labonte, “From Patronage To Peace-
building? Elite Capture And Governance From Below
51
Ibid.
In Sierra Leone”, African Affairs, 111.442 (2011), 90-
52
Jeffrey, Gettleman, Ebola Should Be Easy to
115 <https://doi.org/10.1093/afraf/adr073> [accessed
Treat. (2014) <http://www.nytimes.com/2014/12/21/
14 March 2017], p.114.
sunday-review/ebola-should-be-easy-to-treat.html?_
56
r=0> [accessed 10 November 2016].
from shared to multiple responsibilities’, Third
53
World Quarterly, 37.3 (2016), 436-451 <http://www.
Emma-Louise, Anderson and Alex, Beresford,
Clare, Wenham, ‘Ebola respons-ibility: moving
‘Infectious injustice: the political foundations of the
tandfonline.com/doi/pdf/10.1080/01436597.2015.1
Ebola crisis in Sierra Leone’, Third World Quarterly,
116366?needAccess=true> [accessed 8 November
37.3 (2014), 468-486
2016] p.441.
57
HUMAN RIGHTS JOURNAL
violence and historic marginalisation
and suspicion between the state and
of the rural population contributed
rural populations worsened under the
to the pervasive spread of the EVD
dictatorship of Siaka Stevens from 1967 to
due to their acute vulnerability to the
1971.60 Limited economic development
virus. Farmer identifies groups acutely
occurred in these rural areas despite
at risk of structural violence as those,
enormous wealth generated by alluvial
“occupying the bottom rung of the
diamond extraction causing severe
social ladder in inegalitarian societies.”57
inequalities, further entrenching their
The process of abjection illustrates the
abjection.61 The ‘gatekeeper’ state often
structural violence towards these rural
used resources to, “punish uncooperative
communities, defined by Nunes as
elements in society, perpetuating deep
where certain groups are, “considered
marginalisation and social instability
irredeemable; beyond possibilities of
within rural communities.”62
improvement…abject groups are placed outside the sphere of moral concern.”58
The state delayed calling on international
Originating with what Mamdani refers to
aid until the Ebola virus had spread from
as “despotic decentralisation”, a form of
east to west which was home to the
indirect rule was formed when the British Colonial
Administration
distributed
60
Political Development”, World Development, 27.6 (2015),
power to Chieftaincies in the countryside
816-834<http://dx.doi.org/10.1016/j.worlddev.2003.12.001>
who established a despotic, patrimonial rule.
59
The
resulting
Matthew K. Lange, “British Colonial Legacies And
[accessed 14 March 2017], p.907.
estrangement
61 Melissa, Leach, ‘The Ebola Crisis and Post-2015 Development’, Journal of International Development, 27.6
57
Paul, Farmer, Pathologies of power (Berkeley: University
(2015), 816-834. <https://opendocs.ids.ac.uk/opendocs/
of California Press, 2003), p.31.
bitstream/handle/123456789/7065/Leach+post-2015+de-
58
velopment+and+Ebola+JID+pre-proof.pdf;jses-
João, Nunes, ‘Ebola and the production of neglect
sionid=F2E1F33933C3DF2E68279B1249388AEB?se-
542-556 <http://www.tandfonline.com/doi/pdf/10.1080/0
quence=1> [accessed 11 November 2016], p.6.
1436597.2015.1124724?needAccess=true> [accessed 10
62
November 2016], p.549.
building? Elite Capture And Governance From Below
59
In Sierra Leone”, African Affairs, 111.442 (2011), 90-
Mahmood, Mamdani, Citizen and Subject: Contem-
Melissa, Labonte, “From Patronage To Peace-
porary Africa and the legacy of late colonialism (New Jersey:
115 <https://doi.org/10.1093/afraf/adr073> [accessed
Princeton University Press, 1996), p.8.
14 March 2017], p.93.
58
VOLUME 1 ISSUE 5
in global health’, Third World Quarterly. 37.3 (2016),
UNIVERSITY OF LEEDS
ruling party; the All Party’s Congress,
and public information campaigns”.66
demonstrating state abjection of rural
The state’s abjection thus caused the
populations.63 The government initially
extensive spread of EVD and weakened
typified the EVD outbreak as a “problem
infrastructure unable to cope with the
of the distant east…sectarian politics may
epidemic.
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
partly have underlain both the central government’s perceived slowness to
There was widespread mistrust of the
intervene.”64 A state of emergency was
government and biomedicine during
not declared till 31 July 2014, five months
the epidemic.67 Rumours that Ebola
after the first recorded case, despite 1611
was a government plot to wipe-out
civilians recorded with symptoms of Ebola
the region of Kailahun resulted in
between the 1 and 28 June.65 The WHO
strong local opposition to the presence
highlight how the poverty, lack of roads,
of
transport
throughout
and
telecommunications,
health
workers.68 Sierra
Additionally,
Leone,
“villages
“greatly delayed the transportation
barricaded out and stoned control
of patients to treatment centres…the
teams, removed patients from health
communication of alerts, reports… 66
WHO, “Factors That Contributed To Undetected
Spread Of The Ebola Virus And Impeded Rapid Con63
Emma-Louise, Anderson and Alex, Beresford, ‘Infec-
tainment”, World Health Organization, (2015) <http://
tious injustice: the political foundations of the Ebola crisis
www.who.int/csr/disease/ebola/one-year-report/
in Sierra Leone’, Third World Quarterly, 37.3 (2014), 468-
factors/en/> [accessed 14 March 2017].
486 <http://www.tandfonline.com/doi/full/10.1080/014365
67
97.2015.1103175> [accessed 6 November 2016], p.478.
, Prince, Kamara , Esther, Mokuwa, Amara Idara, Sheriff,
64
Roland, Suluku, and Maarten, Voors, ‘Social Pathways
Melissa, Leach, ‘The Ebola Crisis and Post-2015 De-
Paul, Richards, Joseph, Amara, Mariane C., Ferme
velopment’, Journal of International Development, 27.6
for Ebola Virus Disease in Rural Sierra Leone, and Some
(2015), 816-834. <https://opendocs.ids.ac.uk/opendocs/
Implications for Containment’, PLoS Negl Trop Dis. 9.4
bitstream/handle/123456789/7065/Leach+post-2015+de-
(2015), 1-15 <http://journals.plos.org/plosntds/article/
velopment+and+Ebola+JID+pre-proof.pdf;jses-
file?id=10.1371/journal.pntd.0003567&type=printable>
sionid=F2E1F33933C3DF2E68279B1249388AEB?se-
[accessed 14 November 2016], p.6.
quence=1> [accessed 11 November 2016], p.8.
68
65
Of Control’ In Parts Of West Africa”, The Guardian, 2014
United Nations, “Sierra Leone”, United Nations,
Monica Mark, “Fear And Ignorance As Ebola ‘Out
2014 <http://ebolaresponse.un.org/sierra-leone>
<https://www.theguardian.com/world/2014/jul/02/-sp-eb-
[accessed 14 March 2017].
ola-out-of-control-west-africa> [accessed 14 March 2017].
59
HUMAN RIGHTS JOURNAL
centres, refused to enter them fearing the
from 1991 to 2002 which ignited over the,
health workers were killing EVD victims
“long history of governments accused of
and stealing their body parts.”69 These
illegal business dealings.”73
rumours led to civilians’ unwillingness to cooperate with healthcare workers
The government also failed to recognise
and an underreporting of EVD cases.70
the significance of the cross border
This stemmed from rural populations’
transmission of the Ebola virus, despite
abjection by the state, seen historically
West African countries having civilian
as corrupt, self-serving and disconnected
mobility rates seven times greater than
from their public. This perception that the
the global average rate.74 The borders
state was illegitimate was widespread,
with Guinea and Liberia were only closed
rendering rumours powerful and severely
on 11 June 2014, four months after the
detrimental to the EVD response.71
initial outbreak.75 This was despite the
Quammen identifies this “distrust and
porous borders that existed between
suspicion”72 towards the state as part of
the three countries as a consequence
the legacy of the devastating civil war
of arbitrary border demarcations of the
69
Melissa, Leach, ‘The Ebola Crisis and Post-2015 De-
velopment’, Journal of International Development, 27.6
73 Abiodun, Alao, ‘Diamonds are forever…but so
(2015), 816-834. <https://opendocs.ids.ac.uk/opendocs/
are controversies: Diamonds and the actors in Sierra
bitstream/handle/123456789/7065/Leach+post-2015+de-
Leone’s civil war’, Civil Wars, 2.3 (1999), 43-64 <http://
velopment+and+Ebola+JID+pre-proof.pdf;jses-
dx.doi.org/10.1080/13698249908402414> [accessed
sionid=F2E1F33933C3DF2E68279B1249388AEB?se-
10 November 2016], p.46
quence=1> [accessed 11 November 2016], p.4. 70
74
Saliou Samb and Adam Bailes, “As Ebola Stalks West
Spread Of The Ebola Virus And Impeded Rapid Contain-
Africa, Medics Fight Mistrust, Hostility”, Reuters, 2014 <http://
ment”, World Health Organization, (2015) <http://www.
uk.reuters.com/article/us-health-ebola-westafrica-idUKKBN-
who.int/csr/disease/ebola/one-year-report/factors/en/>
0FI0P520140713> [accessed 14 March 2017]. 71
[accessed 14 March 2017].
A. Wilkinson and M. Leach, “Briefing: Ebola-Myths,
75
United Nations, “With Spread Of Ebola Outpacing
Response, Security Council Adopts Resolution 2177 (2014)
(2014), 136-148 <https://doi.org/10.1093/afraf/adu080>
Urging Immediate Action, End To Isolation Of Affected
[accessed 14 March 2017], p.8.
States | Meetings Coverage And Press Releases”, United
David Quammen, Ebola: The Natural And Human
Nations, 2014 <http://www.un.org/press/en/2014/
History, (New York: Random House, 2014), p. 108.
sc11566.doc.htm> [accessed 14 March 2017].
60
VOLUME 1 ISSUE 5
Realities, And Structural Violence”, African Affairs, 114.454
72
WHO, “Factors That Contributed To Undetected
UNIVERSITY OF LEEDS
colonial era.76 These provided major
case of a pathogen associated with a high
transmission routes for the EVD as they
risk of epidemics as an event that may
cut through homogenous ethnic groups,
constitute a public health emergency of
in particular Kissi-speaking communities,
international concern (PHEIC) requiring
who still traded and networked across
swift assistance to control the outbreak.79
the borders.77
However, the WHO delayed declaring
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
that PHEIC conditions had been met The second part of this essay critically
until the 6-7 August 2014, despite almost
analyses how the delayed and ineffective
1,800 recorded cases of EVD virus in West
international response to the EVD
Africa since the outbreak80 and its own
epidemic increased the impact of the
World Health Report highlighting Ebola
virus in Sierra Leone. The WHO, as the
as an emerging epidemic-prone disease
“directing and coordinating authority”
that requires, “rapid assessment and
has been criticised for an “inept,
response, often needing international
dysfunctional, even shambolic” response
assistance”81 to prevent widespread
to Ebola in West Africa.78 International
infection. Dr Margaret Chan, WHO
Health Regulations (IHR) define a single
Director General, conceded, “The world, including WHO, was too slow to see what
76
The International Federation of Red Cross
and Red Crescent Societies, Beyond Ebola, From
79
Dignified Response To Dignified Recovery, (Geneva:
TIONS (2005) SECOND EDITION., 2nd edn (Geneva:
The International Federation of Red Cross and Red
WHO, 2005), pp. 1-82 <http://apps.who.int/iris/
Crescent Societies, 2016), pp. 1-32
bitstream/10665/43883/1/9789241580410_eng.pdf>
77
[accessed 14 March 2017], p.44.
Paul, Richards, and Joseph Amara, Mariane C.
WHO, INTERNATIONAL HEALTH REGULA-
Ferme , Prince Kamara , Esther Mokuwa, Amara Idara
80
Sheriff, Roland Suluku, and Maarten Voors, ‘Social Path-
Of The IHR Emergency Committee On The 2014
ways for Ebola Virus Disease in Rural Sierra Leone, and
Ebola Outbreak In West Africa”, WHO, 2014 <http://
Some Implications for Containment’, PLoS Negl Trop Dis.
www.who.int/mediacentre/news/statements/2014/
9.4 (2015), 1-15 <http://journals.plos.org/plosntds/article/
ebola-20140808/en/> [accessed 14 March 2017].
file?id=10.1371/journal.pntd.0003567&type=printable>
81
[accessed 14 November 2016], p.13
Future Global Public Health Security In The 21St
78
Century, (Geneva: WHO, 2007), pp. 1-19 <http://
Adam, Kamradt-Scott, ‘WHO’s to blame? The World
WHO, “WHO | Statement On The 1St Meeting
WHO, The World Health Report 2007 A Safer
Health Organization and the 2014 Ebola outbreak in West
www.who.int/whr/2007/07_overview_en.pdf?ua=1>
Africa’, Third World Quarterly, 37.3 (2016), 401-418.
[accessed 14 March 2017], p.6.
61
HUMAN RIGHTS JOURNAL
was unfolding before us.”82
responded to the EVD outbreak to protect their biosecurity and domestic
However, the WHO did mobilise an
priorities.85
array of expertise despite their restricted
they initially trivialised the EVD as “an
funding, the need to respond to
exotic and racialized phenomenon…
several crises simultaneously and the
reiterations of a familiar story of ‘African
governments of West Africa initially
despair’”.86
minimising the severity of their respective
the UN Ebola Relief Fund which gained
Ultimately, institutions
$100,000 in donations by October 2014,
epidemics.83
Nunes highlights how
This negatively impacted
like the WHO are accountable to their
far below the initial goal of $1 billion.87
member states, as their architects,
The spread of the virus to the Global
they are liable when they fail in their
North was interpreted by the West
responsibilities.
as “a global existential threat.”88 The
The
concept
of
‘global
85
shared
from shared to multiple responsibilities’, Third
responsibility’ to combat infectious
World Quarterly, 37.3 (2016), 436-451 <http://www.
diseases was established through the IHR in 2005.
84
Clare, Wenham, ‘Ebola respons-ibility: moving
tandfonline.com/doi/pdf/10.1080/01436597.2015.1
Western States belatedly
116366?needAccess=true> [accessed 8 November 2016] p.444.
82
86
WHO, “WHO | Report By The Director-General To
João, Nunes, ‘Ebola and the production of
The Special Session Of The Executive Board On Ebola”,
neglect in global health’, Third World Quarterly. 37.3
WHO, 2015 <http://www.who.int/dg/speeches/2015/ex-
(2016), 542-556 <http://www.tandfonline.com/doi/pd-
ecutive-board-ebola/en/> [accessed 14 March 2017].
f/10.1080/01436597.2015.1124724?needAccess=true>
83
[accessed 10 November 2016], p.543.
Adam, Kamradt-Scott, ‘WHO’s to blame? The
87
outbreak in West Africa’, Third World Quarterly,
Ebola Trust Fund Gets $100,000, Almost $1 Billion
37.3 (2016), 401-418. <http://www.tandfonline.com/
Needed”, Reuters UK, 2016 <http://uk.reuters.
doi/pdf/10.1080/01436597.2015.1112232?needAc-
com/article/2014/10/16/ukhealth-ebola-un-idUKKC-
cess=true> [accessed 8 November 2016], p.408.
N0I51XO20141016> [accessed 14 March 2017].
84
88
WHO, INTERNATIONAL HEALTH REGULA-
Michelle Nichols and Lesley Wroughton, “U.N.
A. Wilkinson and M. Leach, “Briefing:
TIONS (2005) SECOND EDITION., 2nd edn (Geneva:
Ebola-Myths, Realities, And Structural Violence”,
WHO, 2005), pp. 1-82 <http://apps.who.int/iris/
African Affairs, 114.454 (2014), 136-148 <https://
bitstream/10665/43883/1/9789241580410_eng.pdf>
doi.org/10.1093/afraf/adu080> [accessed 14 March
[accessed 14 March 2017]
2017], p.4.
62
VOLUME 1 ISSUE 5
World Health Organization and the 2014 Ebola
UNIVERSITY OF LEEDS
Human Practice Network found that
Airways and Air France stopped flights
this led to the securitisation of the virus
to West Africa, preventing deployment
after unprecedented demands from
of human and medical resources.92 The
MSF in September 2014 to the UN for
International Federation of Red Cross
the deployment of militarised biohazard
and Red Crescent Societies attributed
containment teams.89 The resulting
sensationalised Western media coverage
military-led quarantines became violent,
of the epidemic and the Western
fuelling mistrust of Ebola relief efforts
imposed quarantine periods on health
and ultimately, “amplified transmission
workers as contributing to the initial
rather than reduced it.” Securitisation
shortages of international staff willing to
also led to Western countries imposing
travel to Sierra Leone.93
OLIVIA GRAY
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
90
border constraints on the affected countries, a move criticised by the UN
Finally, a lack of community involvement
Resolution 2177 which called for an
in protocols and procedures caused the
“end to isolation of affected states” as
state, NGOs and WHO authorities to
it weakened the humanitarian Ebola
miss the significance of social pathways
response. Securitisation also resulted in
for the transmission of EVD94 due to
91
the deviation of vital resources; increased border security checks on Western
92
borders and airlines such as British
Flights To Affected Countries”, The Guardian, 2014
Mark Anderson, “Ebola: Airlines Cancel More
<https://www.theguardian.com/society/2014/aug/22/ ebola-airlines-cancel-flights-guinea-liberia-sierra-leo-
89
Humanitarian Practice Network, Special Feature
ne> [accessed 14 March 2017].
The Ebola Crisis In West Africa, (London: Humanitar-
93
ian Exchange, 2015), pp. 1-36 <http://odihpn.org/
Crescent Societies, Beyond Ebola, From Dignified Re-
wp-content/uploads/2015/06/he_64.pdf> [accessed
sponse To Dignified Recovery, (Geneva: The International
14 March 2017], p.2.
Federation of Red Cross and Red Crescent Societies,
90
Ibid, p.6.
2016), pp. 1-32. <http://www.ifrc.org/Global/Documents/
91
United Nations, “With Spread Of Ebola Outpacing
Secretariat/201601/Beyond%20Ebola%20report-EN_
The International Federation of Red Cross and Red
Response, Security Council Adopts Resolution 2177 (2014)
LR.pdf> [accessed 14 March 2017], p.14.
Urging Immediate Action, End To Isolation Of Affected
94
States | Meetings Coverage And Press Releases”, United
Realities, And Structural Violence”, African Affairs, 114.454
Nations, 2014 <http://www.un.org/press/en/2014/
(2014), 136-148 <https://doi.org/10.1093/afraf/adu080>
sc11566.doc.htm> [accessed 14 March 2017].
[accessed 14 March 2017], p.11.
63
A. Wilkinson and M. Leach, “Briefing: Ebola-Myths,
HUMAN RIGHTS JOURNAL
how burial practices, “often involved
of rural land to mining and agri-
washing or otherwise touching the
businesses.98The WHO released a
body”.95 WHO staff approximated
‘Safe and Dignified Burial Protocol’99
that
infections
nine months after the first recorded
were connected to these burial
case in Sierra Leone, by which
practices.96 Richards et al, having
point there were 1,424 recorded
conducted
research
cases of EVD.100 Despite these ‘safe
(compiling case study data based
practices’, the health community
on conversations and observations)
failed to appropriately engage with
within rural populations, highlighted
communities; the villagers felt that
that
“mandatory
80%
of
EVD
ethnographic
traditional
burials
were,
Ebola
burials
have
“inescapable social obligations to the
caused considerable difficulty due
dead and living.”97 Funerals formed
to haste and disrespectful treatment
part of a contract of land tenure, crucial for staple rice production, 98
which was rendered so important
Paul, Richards, and Joseph Amara, Mariane
C. Ferme , Prince Kamara , Esther Mokuwa, Amara
due to the state selling large portions
Idara Sheriff, Roland Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus Disease in Rural
95
Sierra Leone, and Some Implications for Contain-
David Quammen, Ebola: The Natural And Human
ment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://
History, (New York: Random House, 2014), p. 108. 96
journals.plos.org/plosntds/article/file?id=10.1371/
WHO, ‘Factors That Contributed To Undetect-
journal.pntd.0003567&type=printable> [accessed 14
ed Spread Of The Ebola Virus And Impeded Rapid
November 2016], p.8.
Containment’, WHO, (2015) <http://www.who.int/ csr/disease/ebola/one-year-report/factors/en/>
99
[accessed 14 March 2017].
Burial Protocol - Key To Reducing Ebola Transmis-
97
WHO, ‘WHO | New WHO Safe And Dignified
sion’, WHO, 2014 <http://www.who.int/mediacen-
Paul, Richards, Joseph, Amara, Mariane C.,
tre/news/notes/2014/ebola-burial-protocol/en/>
Ferme , Prince, Kamara , Esther, Mokuwa, Amara
[accessed 14 March 2017].
Idara, Sheriff, Roland, Suluku, and Maarten, Voors,
100
Sierra Leone, and Some Implications for Contain-
Previous Case Counts| Ebola Haemorrhagic Fever
ment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://
| CDC. Centres for Disease Control and Preven-
journals.plos.org/plosntds/article/file?id=10.1371/
tion (2014) <http://www.cdc.gov/vhf/ebola/out-
journal.pntd.0003567&type=printable> [accessed 14
breaks/2014-west-africa/previous-case-counts.html>
November 2016], p.7.
[accessed 23 November 2016].
64
Centres for Disease Control and Prevention. VOLUME 1 ISSUE 5
‘Social Pathways for Ebola Virus Disease in Rural
UNIVERSITY OF LEEDS
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
of the bodies.”101
The mistrust and
misappropriation of international Ebola
hostility towards Ebola relief workers
relief aid. Historic structural violence and
was intensified by safe, yet inappropriate
state marginalisation of rural populations
burials which did not respect the
resulted in their abjection; thus enabling
sociological
surrounding
the mass spread of Ebola due to poverty
death in these communities. Quammen
and mistrust of the government and by
identifies this “reluctance of people to
extension; biomedicine. A late closing
suspend their traditional burial rights” as
of borders, the WHO’s chaotic response
a key factor in the spread of the virus.102
and Western securitisation enabled the
To conclude, the EVD epidemic in Sierra
virus to spread across the country. The
Leone stemmed from the British colonial
belated realisation of the significance
state structure; the ‘gatekeeper’ state
of West African burial practices to the
which resulted in severely compromised
transmission of EVD and the subsequent
health services due to neopatrimonial
failure to integrate appropriate burials
politics within the Shadow State’s patron-
also contributed to the devastation of
client relationships and extensive rent
EVD in Sierra Leone.
seeking
concerns
behaviour
of
government
officials. This created an incapacitated, inefficient multi-parallel health system,
Bibliography
unable to stop the spread of the disease
Alao, Abiodun, ‘Diamonds are forever… but so are controversies: Diamonds and
which was then compounded by the 101
the actors in Sierra Leone’s civil war’, Civil Wars, 2.3 (1999), 43-64 <http://dx.doi.
Paul, Richards, and Joseph Amara, Mariane C.
Ferme , Prince Kamara , Esther Mokuwa, Amara Idara
org/10.1080/13698249908402414> [accessed 10 November 2016]
Sheriff, Roland Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus Disease in Rural Sierra Leone, and Some Implications for Containment’, PLoS Negl Trop Dis.
Anderson, Emma-Louise, and Alex Beres-
9.4 (2015), 1-15 <http://journals.plos.org/plosntds/article/
[accessed 14 November 2016], p.13.
ford, ‘Infectious injustice: the political foundations of the Ebola crisis in Sierra Leone’, Third World Quarterly, 37.3 (2014), 468-486
102
<http://www.tandfonline.com/doi/full/10.1
OLIVIA GRAY
file?id=10.1371/journal.pntd.0003567&type=printable>
Quammen, David, Ebola: The Natural And
080/01436597.2015.1103175> [accessed 6 November 2016]
Human History, (New York: Random House, 2014), p. 108.
65
HUMAN RIGHTS JOURNAL
Anderson, Mark, “Ebola: Airlines Cancel
And Recovery, (Oxford: Oxfam GB, 2015),
More Flights To Affected Countries”, The Guardian, 2014 <https://www.theguard-
pp. 1-16 <http://policy-practice.oxfam.org. uk/publications/ebola-is-still-here-voices-
ian.com/society/2014/aug/22/ebola-airlines-cancel-flights-guinea-liberia-sierra-le-
from-liberia-and-sierra-leone-on-responseand-recove-345644> [accessed 14 March
one> [accessed 14 March 2017]
2017]
Audit Service Sierra Leone, Report On The
Centres for Disease Control and Preven-
Audit Of The Management Of The Ebola Funds, (Freetown: Audit Service Sierra Leone, 2017), pp. 1-84 <https://www.scribd. com/document/255896806/Auditors-report-Sierra-leone-has-failed-to-properly-account-for-a-third-of-Ebola-funds-betweenMay-and-October> [accessed 14 March 2017]
tion, Previous Case Counts| Ebola Haemorrhagic Fever | CDC. Centres for Disease Control and Prevention (2014) <http://www. cdc.gov/vhf/ebola/outbreaks/2014-west-africa/previous-case-counts.html> [accessed 23 November 2016] Cooper, Frederick, Africa Since 1940: The Past of the Present (Cambridge: Cambridge University Press, 2002)
Bayart, Jean- Francois, “Africa In The World: A History Of Extraversion”, African Affairs, 99 (2000), 217-267 <https://doi. org/10.1093/afraf/99.395.217>
Farge, Emma, “Sierra Leone To Prosecute Fraudulent Ebola “Ghostworkers””, Reuters, 2016 <http://www.reuters.com/ article/us-health-ebola-fraud-idUSKBN0LE2M920150210> [accessed 14 March 2017]
Bøås, Morten, ‘Liberia and Sierra Leone – Dead Ringers?’, Third World Quarterly, 22.5 (2001), 697-723 <http://graduateinstitute.ch/files/live/sites/iheid/files/sites/ international_history_politics/shared/
Farmer, Paul, Pathologies of power (Berkeley: University of California Press, 2003)
history_course_support_2013-2014/HI022/ Boas%20Liberia%20and%20Sierra%20Leone.pdf> [accessed 10 November 2016]
Galtung, Johan, ‘Violence, Peace, and Peace Research’ Journal of Peace Re-
Boseley, Sarah, Ebola epidemic may not
search, 6.3 (1969), 167-191 <http://www. jstor.org/stable/422690?seq=6#page_scan_
end without developing vaccine, scientist warns (2014) <https://www.theguardian. com/world/2014/oct/16/ebola-vaccine-pe-
tab_contents> [accessed 10 November 2016] Gettleman, Jeffrey, Ebola Should Be Easy
10 November 2016]
to Treat. New York Times (2014) <http:// www.nytimes.com/2014/12/21/sunday-re-
Cairns, Ed, Ebola Is Still Here Voices From Liberia And Sierra Leone On Response
view/ebola-should-be-easy-to-treat.html?_
66
VOLUME 1 ISSUE 5
ter-piot-west-africa-epidemic> [accessed
UNIVERSITY OF LEEDS
r=0> [accessed 10 November 2016]
late colonialism (New Jersey: Princeton University Press, 1996)
Humanitarian Practice Network, Special Feature The Ebola Crisis In West Africa, (London: Humanitarian Exchange, 2015),
Mark, Monica, “Fear And Ignorance As Ebola ‘Out Of Control’ In Parts Of West
pp. 1-36 <http://odihpn.org/wp-content/ uploads/2015/06/he_64.pdf> [accessed 14
Africa”, The Guardian, (2014) <https://www. theguardian.com/world/2014/jul/02/-sp-eb-
March 2017]
ola-out-of-control-west-africa> [accessed 14 March 2017]
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
Kamradt-Scott, Adam, ‘WHO’s to blame? The World Health Organization and the 2014 Ebola outbreak in West Africa’, Third World Quarterly, 37.3 (2016), 401-418. <http://www.tandfonline.com/doi/pdf/1 0.1080/01436597.2015.1112232?needAccess=true> [accessed 8 November 2016]
Ministry of Health and Sanitation, Sierra Leone Basic Package Of Essential Health Services 2015-2020, (Freetown: Ministry of Health and Sanitation, 2015), pp. 1-93 <http://www.mamaye.org/sites/default/ files/evidence/GoSL_2015_Basic%20 Package%20of%20Essential%20Health%20 Services%202015-2020.pdf> [accessed 14 March 2017]
Labonte, Melissa, ‘From Patronage To Peacebuilding? Elite Capture And Governance From Below In Sierra Leone’, African Affairs, 111 (2011), 90-115 <https://doi. org/10.1093/afraf/adr073> [accessed 14 March 2017]
Nichols, Michelle and Lesley Wroughton, ‘U.N. Ebola Trust Fund Gets $100,000, Almost $1 Billion Needed’, Reuters, (2016) <http://uk.reuters.com/article/2014/10/16/ukhealth-ebola-un-idUKKC-
Lange, Matthew K., ‘British Colonial Legacies And Political Development’, World Development, 32.6 (2004), 905-922. <http://dx-
N0I51XO20141016> [accessed 14 March 2017]
.doi.org/10.1016/j.worlddev.2003.12.001> [accessed 14 March 2017]
Nossiter, Adam, Ebola Help For Sierra Leone Is Nearby, But Delayed On The Docks, New York Times, (2014) <http://
Leach, Melissa, ‘The Ebola Crisis and Post2015 Development’, Journal of International Development, 27.6 (2015), 816-834. <https://opendocs.ids.ac.uk/opendocs/
www.nytimes.com/2014/10/06/world/africa/ sierra-leone-ebola-medical-supplies-delayed-docks.html> [accessed 14 March 2017]
OLIVIA GRAY
bitstream/handle/123456789/7065/ Leach+post-2015+development+and+Ebola+JID+pre-proof.pdf;jsessionid=F2E1F33933C3DF2E68279B1249388AEB?sequence=1> [accessed 11 November 2016]
Nunes, João, ‘Ebola and the production of neglect in global health’, Third World Quarterly. 37.3 (2016), 542-556 <http:// www.tandfonline.com/doi/pdf/10.1080/01 436597.2015.1124724?needAccess=true>
Mamdani, Mahmood, Citizen and Subject: Contemporary Africa and the legacy of
67
HUMAN RIGHTS JOURNAL
[accessed 10 November 2016]
eties, 2016), pp. 1-32 <http://www.ifrc.org/ Global/Documents/Secretariat/201601/
Quammen, David, Ebola: The Natural And Human History, (New York: Random House, 2014), p. 108
Beyond%20Ebola%20report-EN_LR.pdf> [accessed 14 March 2017] Transparency International, Ebola: Cor-
Reno, William, Corruption and State Politics in Sierra Leone (New York: Cambridge University Press, 1995)
ruption And Aid, Transparency.Org, (2015) <http://www.transparency.org/news/feature/ebola_corruption_and_aid> [accessed 14 March 2017]
Richards, Paul, and Joseph Amara, Mariane C. Ferme, Prince Kamara, Esther Moku-
United Nations, Sierra Leone, United Nations, (2014) <http://ebolaresponse.un.org/ sierra-leone> [accessed 14 March 2017]
wa, Amara Idara Sheriff, Roland Suluku, and Maarten Voors, ‘Social Pathways for Ebola Virus Disease in Rural Sierra Leone, and Some Implications for Containment’, PLoS Negl Trop Dis. 9.4 (2015), 1-15 <http://journals.plos.org/plosntds/article/ file?id=10.1371/journal.pntd.0003567&type=printable> [accessed 14 November 2016]
United Nations, With Spread Of Ebola Outpacing Response, Security Council Adopts Resolution 2177 (2014) Urging Immediate Action, End To Isolation Of Affected States | Meetings Coverage And Press Releases, United Nations, 2014 <http://www. un.org/press/en/2014/sc11566.doc.htm> [accessed 14 March 2017]
Samb, Saliou and Adam Bailes, As Ebola Stalks West Africa, Medics Fight Mistrust, Hostility, Reuters UK, (2014) <http://uk.reuters.com/article/us-health-ebola-westafrica-idUKKBN0FI0P520140713> [accessed 14 March 2017]
United Nations Human Rights, A Human Rights Perspective Into The Ebola Outbreak, (West Africa: Office of the United Nations High Commissioner for Human Rights West Africa Regional Office, 2014),
Searle, Laura, The global health workforce
pp. 1-14 <http://www.globalhealth.org/ wp-content/uploads/A-human-rights-per-
crisis: what we can learn from the Ebola outbreak | Oxfam GB | Policy & Practice, Oxfam, (2014) <http://policy-practice.
spective-into-the-Ebola-outbreak.pdf> [accessed 14 March 2017]
oxfam.org.uk/blog/2014/11/the-globalhealth-workforce-crisis> [accessed 16 November 2016]
U.S. Department of State, Sierra Leone, U.S. Department of State, (2016) <http:// www.state.gov/r/pa/ei/bgn/5475.htm> [accessed 14 March 2017] Wenham, Clare, ‘Ebola respons-ibility:
covery, (Geneva: The International Federation of Red Cross and Red Crescent Soci-
moving from shared to multiple responsibilities’, Third World Quarterly, 37.3 (2016),
68
VOLUME 1 ISSUE 5
The International Federation of Red Cross and Red Crescent Societies, Beyond Ebola, From Dignified Response To Dignified Re-
UNIVERSITY OF LEEDS
436-451 <http://www.tandfonline.com/doi/
Dignified Burial Protocol - Key To Reduc-
pdf/10.1080/01436597.2015.1116366?needAccess=true> [accessed 8 November 2016]
ing Ebola Transmission”, WHO, (2014) <http://www.who.int/mediacentre/news/
Wilkinson, A. and M. Leach, “Briefing:
notes/2014/ebola-burial-protocol/en/> [accessed 14 March 2017]
Ebola-Myths, Realities, And Structural Violence”, African Affairs, 114 (2014), 136-148
WHO, “WHO | Report By The Direc-
Why Did The Ebola Epidemic Have Such A Devastating Impact In Sierra Leone?
<https://doi.org/10.1093/afraf/adu080> [accessed 8 November 2016]
tor-General To The Special Session Of The Executive Board On Ebola”, WHO, (2015) <http://www.who.int/dg/speeches/2015/ executive-board-ebola/en/> [accessed 14 March 2017]
World Bank, Disproportionate deaths among health care workers from Ebola could lead to sharp rise in maternal mortality last seen 20 years ago – World Bank report (2015) <http://www.worldbank. org/en/news/press-release/2015/07/08/ disproportionate-deaths-among-healthcare-workers-from-ebola-could-leadto-sharp-rise-in-maternal-mortality-lastseen-20-years-ago---world-bank-report> [accessed 14 November 2016]
WHO, “WHO | Statement On The 1St Meeting Of The IHR Emergency Committee On The 2014 Ebola Outbreak In West Africa”, WHO, (2014) <http://www.who.int/ mediacentre/news/statements/2014/ebola-20140808/en/> [accessed 14 March 2017] WHO, The World Health Report 2007 A Safer Future Global Public Health Security In The 21St Century, (Geneva: WHO, 2007), pp. 1-19 <http://www.who. int/whr/2007/07_overview_en.pdf?ua=1>
WHO, “Factors That Contributed To Undetected Spread Of The Ebola Virus And Impeded Rapid Containment”, World Health Organization, (2015) <http://www. who.int/csr/disease/ebola/one-year-report/ factors/en/> [accessed 14 March 2017]
[accessed 14 March 2017]
WHO, ‘Global Health Observatory Data Repository’ (density per 1000, by country).
WHO, “Unprecedented Number of Medical Staff Infected with Ebola”, (WHO, 2014) <http://www.who.int/mediacentre/news/ ebola/25-august-2014/en/> [accessed 8
(2014) <http://apps.who.int/gho/data/view.
January 2016]
main.92100> [accessed 14 November 2016]
OLIVIA GRAY
WHO, INTERNATIONAL HEALTH REGULATIONS (2005) SECOND EDITION., 2nd edn (Geneva: WHO, 2005), pp. 1-82 <http://apps.who.int/iris/bitstre am/10665/43883/1/9789241580410_eng. pdf> [accessed 14 March 2017] WHO, “WHO | New WHO Safe And
69
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The Unrecognised Genocide: ‘By-products’ and the Armenians. Ruth Butler This piece discusses the Armenian
‘Who, after all, talks nowadays of the
genocide
shed
annihilation of the Armenians?’, Hitler
some light on how such horrific
once declared to his killing units.1
circumstances can occur. From a
Unfortunately this abhorrent rhetoric
historical point of view, it will trace
has, partly, been proved accurate.
the build up to the genocide by
There has been a lack of willingness to
looking at a series of factors and
recognise the murder of over a million
speculate the ultimate cause of
Armenians in Turkey between 1915 and
this atrocity. The work intends to
1923. Subsequently, there is a lack of
highlight how an accumulation of
appreciation as to how the genocide
factors can lead to genocide.
came to be. This essay will aim to explore
and
hopes
to
how the Armenian people fell victim to mass slaughter, focusing on factors that allowed genocide to occur. Dadrian claims that the Armenian case was a ‘byproduct’ of the Balkan wars.2 Indeed, this can be shown to be true when by-product is defined as an unintended but imminent result. Yet, the conflicts in the Balkans alone cannot explain the level of violence 1
Adam Jones, ‘Armenia’ in, Genocide: A Compre-
hensive Introduction (Oxon: Routledge, 2006) p.101. 2
Vahakn Dadrian, The History of the Armenian
Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus (New York: Berghahn Books, 2008), p.xx
70
HUMAN RIGHTS JOURNAL
committed against the Armenians. The
genocide, but it was the First World War
Balkan wars of 1912 and 1913 had a
that precipitated the event.
negative implication for the Armenian people, they spurred an increasingly
historiography
surrounding
caused
this event is victim to the fact that the
population exchanges that changed
Turkish state will not accept the genocide
the disposition of Ottoman Turkey4
occurred; history is often noted as
and provided an internationalisation
starting after the genocide took place.6
of the Armenian crisis.5 However, it will
The Turkish Republic, now, does not deny
be argued that responsibility for the
that there were deaths, but disputes the
genocide lies with the Young Turks. The
figure of 1.5 million and that the intent
Balkan losses and the increasingly violent
was to eliminate an entire race.7 The UN
nature of the Young Turk movement
convention on genocide notes that there
seem to be intrinsically linked. Yet, this
must be an intent to destroy an entire
still does not fully explain the genocide.
group and therefore Turkey can avoid
It will be argued that World War One
blame by stating that intent was absent.8
was the final catalyst, turning unintended
Outside Turkey, historiography notes
consequences into the deliberate act
two major theses; whether the genocide
of genocide. It provided the Young
was the final chapter of a long process
Turk movement with the opportunity
of Armenian suffering, or whether it was
aggressive
nationalism3,
Turkish
to turn violent rhetoric into action. This, combined with the historical suppression
6
of the Armenian people, deeming them
Armenian Genocide’, in The Historiography of
suitable targets, led to the genocide. The
Genocide, ed. by Dan Stone (Basingstoke: Palgrave
Donald Bloxham and Fatma Müge Göçek, ‘The
Macmillan, 2008), p.346
Balkan conflicts moved Turkey towards
7
Raziye Akkoc, ‘ECHR: Why Turkey won’t talk about
the Armenian Genocide’, The Telegraph (2015) http:// 3
Donald Bloxham, The Great Game of Genocide:
www.telegraph.co.uk/news/worldnews/europe/ turkey/11373115/Amal-Clooneys-latest-case-Why-
Ottoman Armenians (Oxford: Oxford University Press,
Turkey-wont-talk-about-the-Armenian-genocide.html
2005), p.62.
[accessed on 18/01/2017].
4
Ibid, p.63.
8
5
Dadrian, p.xx.
it.html [accessed on 18/01/2017].
71
http://www.genocidewatch.org/genocide/whatis-
VOLUME 1 ISSUE 5
Imperialism, Nationalism and the Destruction of the
UNIVERSITY OF LEEDS
an unprecedented event due to the war.9
Dadrian notes that the question of
It will be argued in this essay that the
the Armenian people was intrinsically
genocide was a product of the war, but
linked to this ‘Eastern Question’.12 The
had long term roots that can be traced to
Eastern Question resulted from the
the Balkans.
quest for reforms in the Balkans due to
The Unrecognised Genocide: ‘By-products’ and the Armenians.
oppressive Ottoman rule. The failure When studying the Balkan wars, the idea
to provide the Balkans with reforms
of humiliation is vital for an understanding
meant that countries began to reclaim
of how the loss of territory can increase
their freedom, diminishing the empire.
violence; the last years of the Ottoman
This created a fear within Turkey that
Empire saw it preside over a series of
the Armenians would seek help from
defeats, bolstering a psychological
European powers and establish freedom
feeling that action should be taken
themselves, thus internationalising their
10
to restore prestige of the empire.
plight.13 Dadrian goes on to argue that
Therefore, the Balkan conflicts with the
it was this development that caused the
subsequent loss of people and territory,
Young Turks to adopt militaristic ways
had a far reaching psychological effect on
to stop this from happening.14 The idea
Ottoman Turkey, creating an atmosphere
that there was a link between the Eastern
in which genocide was able to develop.
Question and the plight of the Armenians finds support; it is argued that Ottoman
The loss of the Balkans was in fact
participation in World War One and the
threatening to the very existence of the
genocide began with the Balkan wars of
empire the Ottoman Turks had built.11
1912 and 1913.15 The Balkan wars marked the end of pluralism for the Young Turk
9
movement. The loss of Albania in 1912
Uğur Ümit Üngör, ‘Seeing like a Nation State: Young
Turk Social Engineering in Eastern Turkey, 1913-50’, in Late
RUTH BUTLER
Ottoman Genocides: The Dissolution of the Ottoman Empire and Young Turkish Population and Extermination
12
Dadrian, p.xx.
Policies, ed. by Dominik J. Schaller and Jurgen Zimmerer
13
Ibid.
(London: Routledge, 2010) p.14.
14
Ibid.
10
Jones, p.103.
15
Peter Balakian, The Burning Tigris: A History of the
11
Üngör, p.14.
Armenian Genocide (London: Pimlico, 2005), p.160.
72
HUMAN RIGHTS JOURNAL
highlighted that even Muslim countries
community subsequently became a
could be persuaded by nationalism,16
smaller minority group and therefore
representing the death of pluralism.17
more vulnerable. It is suggested that
Fear that the Armenian community would
the violence suffered by Muslims during
aspire to the same freedom ensued,
these wars and the lack of international
threatening the loss of further Christian
support changed the perspectives of
land, especially the Christian region of
Ottomans,19 leading to radicalization
Anatolia, and hardened policies towards
within the Muslim community.20 The
the Armenian people. The humiliation of
accumulation of a vulnerable status of the
losses in the Balkans and the subsequent
Armenians and the hardening of Muslim
linking of this to the Armenian question
attitudes due to their own experiences
supports the idea that the Armenian
created a polarisation within the country,
genocide was a by-product of Balkan
which can be seen through the Turkish
conflicts.
nationalist slogan, ‘‘The Balkan dogs are trampling on Islam’’.21 Finally, the Balkan wars illuminated the perceived problem
would
of international influence on the side
alter the balance in Ottoman Turkey.
of the Armenians. Treaties resulting
Violence during the conflicts was
from the Balkan wars demanded the
directed at Muslims and therefore an
autonomy of Armenian communities.
exodus of refugees moved into Anatolia.
Armenians calling for reform were
The loss of largely Christian areas
argued to have brought humiliation to
and the movement of approximately
the Turks through collaboration with the
400,000
the
Great Powers.22 The internationalisation
Muslim predominance;18 the Armenian
of their plight, their new weaker position
16
19
Bloxham, The Great Game of Genocide, p.63.
Turkish Nationalism: International Stresses, Imperial
20
Cathie Carmichael, Genocide before the Holo-
Disintegration and the Armenian Genocide’, Patterns
caust (New Haven: Yale University Press, 2009), p.15.
of Prejudice, 36 (2002), p.45.
21
Carmichael, p.15.
17
Bloxham, Patterns of Prejudice, p.35.
22
Michael Mann, The Dark Side of Democracy (Cam-
18
Bloxham, The Great Game of Genocide, p.63.
bridge: Cambridge University Press, 2005), p.131.
Balkan
population
conflicts exchanges
refugees
resulted that
increased
Donald Bloxham, ‘Three Imperialisms and a
73
VOLUME 1 ISSUE 5
in
The
UNIVERSITY OF LEEDS
in the Turkish state and the radicalization
The Young Turk movement, led by the
of some Muslims show how the Balkan
‘Three Pashas’, was underpinned by
wars, unintentionally, fostered a society
aggressive nationalism, formed from the
in which polarisation occurred, moving
need to prevent intervention from foreign
Turkey towards genocide.
powers and preserve the diminishing
The Unrecognised Genocide: ‘By-products’ and the Armenians.
empire.25 Non-Muslims were viewed However, when explaining the Armenian
as opposition to the state, rather than
genocide, a more accurate statement
opposition to the regime. The Armenian
may be that the radicalisation of the
population was subsequently associated
Young Turk movement was a by-product
with wanting to bring the destruction of
of the Balkan conflicts. The Balkan
the state, ostracising them further. This
wars not only ended pluralism for the
idea of wanting to preserve the empire
Young Turk movement, as discussed,
finds support; it is argued that a dictatorial
but precipitated the acceptability of
state, alone, cannot produce genocide.26
open hatred towards the Armenians.
But when this is added to a ‘fantasy of
The period of 1908 to 1913 is cited as
power’ and the belief that salvation can
an evolutionary period in which the
be met, violence in regimes occurs.27
Young Turk regime moved towards the
This salvation was the strengthening
violent fate of the empire.23 This can
of the empire; under the regime of
be attributed to the loss of territory; the
Abdul Hamid, increasing pressures of
Balkan conflicts certainly impacting the
intervention from abroad precipitated
group. Humiliation mixed with growing
calls for independence of minority groups,
nationalism, present throughout Europe,
such as the Armenians.28 For the Young
allowed the extremist elements to rise,
Turks, this great power intervention was
creating a volatile situation in which genocide was increasingly likely to
25
Ibid.
occur.24
26
Israel W. Charny, How Can we Commit the Unthinka-
RUTH BUTLER
ble? (Boulder: Westview Press, 1982), pp.323-324. 27
Ibid.
28
Robert Melson, ‘Revolutionary Genocide: On the
23
Ibid, p.129.
Causes of the Armenian Genocide of 1915 and the Holo-
24
Bloxham, Patterns of Prejudice, p.45
caust’, Holocaust and Genocide Studies, 4 (1969), p.168.
74
HUMAN RIGHTS JOURNAL
a violation of the empire’s sovereignty.
revolution, attached the idea of race to
Tanin, the dominant press organ of the
nationality31 and argued that nationality
Committee of Union and Progress (CUP)
was defined by the idea of Turkism,
wrote ‘“Accepting European control
in other words sharing a common
runs counter to the basis, spirit, and
language or race.32 German Admiral,
purpose of the [Committee of] Union and
Hans Humann, present in Turkey during
Progress”’. The Young Turk movement
the genocide, encapsulates this racist
could capitalise on the feeling of panic
ideology when he notes ‘‘Armenians and
due the loss of territory and the violation
Turks cannot live together in this country...
of sovereignty the Turkish people were
The weaker nation must succumb’’.33
experiencing. This linked to the Balkan
This highlights the polarisation in Turkey
conflicts and a hardening racial policy
and how race underlined a belief that
that would move the regime closer to
the Ottoman Turks and the Armenians
genocide.
were incompatible. The Young Turk
29
movement carries the responsibility for The racial policies of the Young Turk
the genocide. It extrapolated fear over
movement are intrinsic when looking
loss of land and foreign intervention
at the causes of genocide. Biological
and combined it with a ruthless
racism in the Ottoman Empire meant
ideology of a race. The group aimed
that there was a re-evaluation of the
at building a united society, dominated
dominant group. Invariably, Ottoman
by the Turks;34 although genocide was
Turks considered themselves superior
probably not planned before World War
biologically, diminishing the value of
One, the extremist views of the Young
the Armenians. Nationalist activist, Yusuf
Turk movement meant that once war
30
Akçura, who found that his ideas carried more weight after the Young Turk
31
Stephen Astourian, ‘Genocidal Process: Reflections
on the Armeno-Turkish Polarization’, in The Armenian Üngör, p.15.
30
Stephan Astourian, ‘The Modern Turkish Identity and
Genocide: History, Politics, Ethics, ed. by Richard Hovannisian (Basingstoke: Macmillan, 1992), p.68. 32
Ibid.
The Case of the Armenian Genocide, ed. by Richard G.
33
Carmichael, p.58.
Hovannisian (Detroit: Wayne State University, 1999), p.39.
34
Üngör, p.14.
the Armenian Genocide’, in Remembrance and Denial:
75
VOLUME 1 ISSUE 5
29
UNIVERSITY OF LEEDS
began, violent views could be translated
status.38 Moreover, Armenians tended to
into action.35 The genocide presents
obey their oppressors, which is argued
itself to be a by-product, or unintended
to be a way of survival and developed
consequence, of the Balkans by making
over a history of oppression.39 This is not
the Young Turk group more extremist.
suggesting the Armenians had a role
However, focusing on this idea of an
to play in their own genocide, but it is
‘unintended’ consequence reduces the
important to highlight how the perceived
blame that should be afforded to the
success of the Armenian community, in
regime after the outbreak of war.
a diminishing empire, led to resentment
RUTH BUTLER
The Unrecognised Genocide: ‘By-products’ and the Armenians.
among the Turkish population, borne This brings the essay to its ultimate
from frustration.40 Genocide of Armenians
point; the First World War enabled
may have become more likely after the
the
unintentional
Balkans, but there was an underlying
consequences, by-products, to produce
polarisation present before that. When
genocide. Before discussing the effect
war began, the Young Turk movement
of war on genocide, it is first necessary
had a minority group to unleash its violent
to briefly highlight why the Armenians
rhetoric and humiliation on, making
became victims. During the Tanzimat
genocide possible.
accumulation
of
era of 1839 to 1876, Armenians reached relatively high levels in the fields they
When
war
materialises
conditions
were permitted to enter; devoid of
leading to genocide are affirmed,41 the
decision making power they made use of technical and financial skills.36 This led to their increased vulnerability; although 70% of Ottoman Armenians
38
Ibid, p.27.
39
Vahakn Dadrian, ‘The Comparative Aspects of the
Armenian and Jewish Cases of Genocide: A Sociohistor-
were poor peasants,37 Turks felt they
ical Perspective’, in Is the Holocaust Unique? Ed. by Alan
were reaching beyond their social
S. Rosenbaum (Boulder: Westview Press, 2009), p.150. 40
Hovannisian, p.60
41
Uğur Ümit Üngör, ‘Fresh Understandings of the
35
Ibid, p.14.
36
Astourian, p.26.
Questions’, in New Directions of Genocide Research, ed.
37
Ibid, p.30.
by Adam Jones (London: Routledge, 2012), p.200.
Armenian Genocide: Mapping New Terrain with Old
76
HUMAN RIGHTS JOURNAL
vulnerability of the Armenian minority
intensified by the militaristic doctrine
was met with the devastating conflicts
that encompassed the Turk war; military
of the First World War, accentuating a
ethics meant that civilians could be
historical difference in culture.42 Although
designated valid enemies in war leading
ethnic
were
to extermination.47 Adding support to
present by 1913-1914, shown through
the importance of war is the point that
historic massacres of the Armenian
racism alone- present in the Young Turk
community in the nineteenth century,
movement after the loss of the Balkans-
by 1915 a genocide occurred that
cannot cause genocide, a military doctrine
coincided with the war.43 War can induce
is needed to ensure its implementation.48
genocide by extrapolating the feeling
Furthermore, when declaring war the
of being threatened, contributing to a
Young Turks announced new territorial
psychological phenomenon that can
ambitions and the ‘“destruction of our
turn revolutions genocidal. This can be
Muscovite enemy”’ to unite all Turks.49
seen through the Armenian genocide;
This shows that the First World War
Young Turk leader, Talat Pasha, argued
highlighted tensions that were already
that Turkey was determined to use the
present in Turkish society and enabled
war to ‘“liquidate its internal foes”’, the
the regime to commit genocide. The
Armenians.45 As war began to fail for the
Balkans provided by-products, but it was
Turks, the association of the Armenian
the war that solidified the genocide.
cleansing
proclivities
44
people with the Great Powers became solidified, making them suitable targets
It has been shown that the Armenian
for extermination.46 This was further
genocide was the product of several factors. The Balkan wars highlighted a
42
Leo Kuper, ‘Genocidal Process: The Turkish
Genocide Against Armenians’, in Genocide: Its Political Use in the Twentieth Century (London: Penguin, 1981), p.116. Bloxham, The Great Game of Genocide, p.66.
44
Melson, p.171.
45
Dadrian, The History of the Armenian Genocide, p.207
46
Bloxham, The Great Game of Genocide, p.68.
Melson, p.21.
48
Ibid, p.22.
49
Ben Kiernan, ‘The Armenian Genocide: National
Chauvinism in the Waning Ottoman Empire’, in Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfur (New Haven: Yale University Press, 2007), p.407.
77
VOLUME 1 ISSUE 5
43
47
The Unrecognised Genocide: ‘By-products’ and the Armenians.
UNIVERSITY OF LEEDS
diminishing empire, fostered humiliation
was a violently inclined group ready to
and increased nationalism. Although
commit genocide against an historically
this pushed Ottoman Turkey towards
vulnerable minority. This essay has
genocide it cannot explain the genocide.
attempted to illuminate how a genocide
It has been argued that the Young Turk
can occur. Today, the Armenian people
regime carry blame for inciting racial
fall victim to denial. Even in 2015, it was
hatred and creating further polarisation
ruled by the European Court of Human
within Ottoman Turkey that ostracised a
Rights that it was not a crime to deny the
minority group. This meant that when the
mass killings of the Armenian people.51
First World War broke out, sentiments of
It seems that the battle with Turkey to
humiliation were drawn together with an
recognise the events as a genocide will
aggressive, nationalist party seeking to
continue for the Armenian community.
reverse perceived injustices committed against
the
empire.
The
historic
51
vulnerability of the Armenian community, which had increased since the loss of the Balkans, meant that the Young Turk regime had a suitable defenceless group to unleash its full force against,
Bibliography
in the struggle to reclaim prestige and
Akkoc, Raziye, ‘ECHR: Why Turkey won’t talk about the Armenian Genocide’, The
recover from the “sick man of Europe” depiction.50
Genocide
was
a
‘by-
Telegraph (2015) http://www.telegraph.co.uk/ news/worldnews/europe/turkey/11373115/ Amal-Clooneys-latest-case-Why-Turkey-wonttalk-about-the-Armenian-genocide.html
product’ of the Balkans, but the factors discussed are so intrinsically intertwined that it is impossible to look at this factor
[accessed on 18/01/2017].
in isolation. The Balkans influenced
Astourian, Stephen H, ‘The Modern Turkish
the Young Turk regime, which carries
Identity and the Armenian Genocide’, in Remembrance and Denial: The Case of
primacy for the genocide. When World RUTH BUTLER
Akkoc.
War One began, the final catalyst, there
the Armenian Genocide, ed. by Richard G. Hovannisian (Detroit: Wayne State University, 1999), pp.25-51
50
Ibid, p.395.
78
HUMAN RIGHTS JOURNAL
Balakian, Peter, The Burning Tigris: A History of the Armenian Genocide (London: Pimlico,
Dadrian, Vahakn N, The History of the Armenian Genocide: Ethnic Conflict from the
2005)
Balkans to Anatolia to the Caucasus (New York: Berghahn Books, 2008)
Bloxham, Donald, The Great Game of Genocide: Imperialism, Nationalism and the Destruction of the Ottoman Armenians
Dadrian, Vahakn N, “Towards a Theory of Genocide Incorporating the Instance of
(Oxford: Oxford University Press, 2005)
Holocaust: Comments, Criticism and Suggestions”, Holocaust and Genocide Studies 5 (1990), 129-143
Bloxham, Donald, ‘Three Imperialisms and a Turkish Nationalism: International Stresses, Imperial Disintegration and the Armenian Genocide’, Patters of Prejudice, 36 (2002), 37-58
Hovannisian, Richard, The Armenian Genocide, History, Politics, Ethics, ed. by Richard Hovannisian (Basingstoke: Macmillan, 1992)
Bloxham, Donald, The Great Game of Genocide: Imperialism, Nationalism and the Destruction of the Ottoman Armenians (Oxford: Oxford University Press, 2005)
Jones, Adam, ‘Armenia’ in Genocide: A Comprehensive Introduction (Oxon: Routledge, 2006), pp.101-116 Kiernan, Ben, ‘The Armenian Genocide: National Chauvinism in the Waning Ottoman Empire’, in Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfar (New Haven: Yale University Press,
Bloxham, Donald and Fatma Muge Gocek, ‘The Armenian Genocide’, in The Historiography of Genocide, ed. by Dan Stone (Basingstoke: Palgrave Macmillan, 2008), pp.344-372
2007), pp.395-415
Carmichael, Cathie, Genocide Before the Holocaust (New Haven: Yale University, 2009)
Kuper, Leo, Genocidal Process: The Turkish Genocide Against Armenians (New Haven: Yale University Press, 1982)
Charny, Israel W, How can we Commit the Unthinkable? Genocide: The Human Cancer (Boulder: Westview Press, 1982)
Mann, Michael, ‘Armenia, I: Into the Danger Zone’, in The Dark Side of Democracy (Cambridge: Cambridge University Press, 2005), pp.111-140
Dadrian, Vahakn N, ‘The Comparative Aspects of the Armenian and Jewish Cases
Melson, Robert, ‘Revolutionary Genocide: On the Causes of the Armenian Genocide
Rosenbaum (Boulder, CO: Westview Press, 2009), pp.139-175
of 1915 and the Holocaust’, Holocaust and Genocide Studies, 4 (1969), 161-174
79
VOLUME 1 ISSUE 5
of Genocide: A Sociohistorical Perspective’, in Is the Holocaust Unique? Perspectives on Comparative Genocide, ed. by Alan S.
UNIVERSITY OF LEEDS
Midlarsky, Michael, ‘Armenia’ in Killing Trap: Genocide in the Twentieth Century (Cambridge: Cambridge University Press, 2005), pp.212-219 Üngör, Uğur Ümit, ‘Fresh Understandings of the Armenian Genocide: mapping new terrain with old questions’, in New Directions
Üngör, Uğur Ümit, ‘Seeing like a nation state: Young Turk social engineering in Eastern Turkey, 1913-50’, in Late Ottoman Genocides: The dissolution of the Ottoman Empire and Young Turkish population and extermination policies, eds. by Dominik J. Schaller and Jurgen Zimmerer (London: Routledge, 2010), pp.9-34
RUTH BUTLER
The Unrecognised Genocide: ‘By-products’ and the Armenians.
in Genocide Research, ed. by Adam Jones (London: Routledge, 2012), pp.198-215
80
HUMAN RIGHTS JOURNAL
Acts of Compassion: Engaging with an Afghan Refugee’s Narrative Claire McQue Names have been changed for the purpose of this article. This article tells the story of Hassan, a
emotionally and physically1. Writing this
displaced Afghan refugee, who through
article in February, when extreme winter
the pro-action of an inspiring individual
conditions threaten the lives of those
has been able to re-gain his quality of life
without shelter, I am telling Hassan’s story
and understand what it means to have
to illustrate the incredible effect of citizen
human rights. Through communicating
willpower on integration.
one refugee’s experience, I hope to raise
Hassan stands bemused before the
awareness of the gruelling reality and subhuman conditions faced by swollen
1
numbers of people yet also show how
Fortress of Europe, (London: Amnesty International,
positive, compassionate responses can
2014)
Amnesty International, The Human Cost of the
generate radical change in the lives of these individuals. In light of the harsher migration policies seen around Europe, as well as largely increased budgets on border fortification, the fortress of Europe must at least offer protection and refuge to those inside its walls, both VOLUME 1 ISSUE 5
81
UNIVERSITY OF LEEDS
colossal ribcage of a Diplodocus
education, every day is overloaded with
skeleton. He is accompanied by a smiling
new experiences for Hassan. Schools
woman who explains that the bizarre
in his village were abolished upon the
form occupying prize position in London’s
Taliban’s arrival, forcing Hassan’s parents
Natural History Museum existed some
to conduct lessons in secret at home.
150 million years ago. This is the first
Now, under the guidance of his pseudo-
time the 17-year old Hassan has heard of
mother Debbie, Hassan is gradually
dinosaurs, let alone the theory of species
learning about other cultures, science
evolution. To Hassan, the fossilised
and world history. He is also experiencing
remains are unbelievable. The pair
the warmth and affection of a British
continue through the exhibition. At the
citizen in the country Hassan hopes
sight of the roaring T-Rex Robot, Hassan
will be his haven; the country he risked
stumbles back in alarm, startled by what
everything to reach.
he perceives to be a man-eating monster coming towards him. At this moment
A former teacher, Debbie is a mother of
Hassan believed his safety was under
five whose heart knows no boundaries.
threat yet again; a part of daily existence
She learnt of Hassan’s story through a
he thought would cease upon arrival
volunteer at the Calais refugee camp and
in the UK. Luckily, the smiling woman
immediately went to visit Hassan. At the
named Debbie convinces Hassan that
time, he was living in Dover undergoing
the exhibit before him is simply a robotic
the process of seeking asylum. With the
reconstruction. Hassan is the survivor of
help of a translator (Farsi being Hassan’s
an arduous nine-month journey to the
mother tongue) and his increasing
UK, yet his panic at a museum exhibit is
command of English, Hassan confided
an irony that scalds.
in Debbie. Over time, he has revealed his harrowing story:
Hassan is a refugee from Afghanistan, a country whose citizens constitute one of
Hassan fled Afghanistan in 2015. The
the world’s largest refugee populations.
first three months of this year were the
He reached England in March 2016.
most violent of any equivalent period
Having never received any formal
on record: Taliban attacks accounted
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HUMAN RIGHTS JOURNAL
for 70% of civilian deaths2 and 200,000
life in Afghanistan, a metal shutter
refugees fled the country3. Embarking
descends on Hassan’s usually smiling
on a gruelling nine-month journey,
face. Back in Afghanistan, he lived with
Hassan walked and hitchhiked through
his two brothers, his two younger sisters
Iran, Turkey and Europe, spent time in the
and his parents in the rural North. Initially
Calais Jungle camp and finally crossed to
one of Afghanistan’s more peaceful
England.
areas,
the
strategically
important
northern province of Kunduz fell under As the crow flies, the distance from
coordinated Taliban attacks in both 2015
Afghanistan to England is 5,810km.
and again in September 2016, causing
That’s approximately four times the
the displacement of 20,000 people.
length of the UK. Sadly, this has become
Following the withdrawal of US and
the modern-day odyssey for thousands
NATO troops from the country in 2011,
of refugees. Unthinkably dangerous
renewed Taliban action has brought
conditions
rebuttals
levels of violence not seen since 2001 to
characterise this journey, which is saddled
Afghanistan. Afghanistan buckles under
with uncertainty, loneliness and the
the spread of intensifying conflict and
overriding fear of deportation back to
Kabul is now the second largest war zone
the war-torn Afghanistan. Hassan was
world-wide4. Ten years of continuous war
just sixteen years old when he joined the
means 9.3 million people, almost one
exodus of refugees heading West.
third of the country’s population, are in
and
countless
need of humanitarian assistance5. When asked questions about his former Hassan describes how the Taliban started to control everything his village. Although
2 Amnesty International, The Human Cost of the Fortress of Europe, (London: Amnesty International,
4 United Nations in Afghanistan, Population Move-
2014)
2015/2016 (Amnesty International, 2016)
5 UN News Centre, Afghanistan: UN-backed $550 million
<
https://www.amnesty.org/en/countries/asia-and-the-
aid plan aims to reach 5.7 million people (January 2017)
pacific/afghanistan/report-afghanistan/> [accessed
http://www.un.org/apps/news/story.asp?NewsID=56023#.
February 2017]
WJkDwraLQY0 [accessed February 2017]
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VOLUME 1 ISSUE 5
ment Bulletin, No. 8 (January 2017)
3 Amnesty International, Afghanistan Annual Report
UNIVERSITY OF LEEDS
not the country’s official rulers, the
by a combination of grief and guilt.
Taliban’s influence is strongly felt in in rural
Displacement is a deeply emotional as
areas, Kabul and Southern Afghanistan.
well as geographical rupture, uprooting
Hassan’s parents were strongly anti-
Hassan from all he has known over sixteen
Taliban and his older brother was
years. As Hassan’s only connection back
also involved in protesting. Escalating
to Afghanistan and his life prior to the
tensions in Hassan’s village and threats
UK, the uncertainty over whether he will
to the family led his parents to arrange
see his younger brother alive again is
passage into Iran for Hassan and one of
accompanied by a double-edged sword.
his brothers.
Hassan cannot contact his brother to
Acts of Compassion: Engaging with an Afghan Refugee’s Narrative
disclose his own safety and he has no way In the months it took to organise Hassan’s
of tracing his brother in Afghanistan. If he
departure, his older brother disappeared.
is alive, his brother faces the same heart-
Hassan believes he failed Taliban tests
wrenching anxiety as Hassan. Silenced
of allegiance and was taken away. The
out of fear of jeopardising both their
same year, his two sisters were married
lives and disabled by a lack of resources,
off to husbands in the South; an attempt
Hassan faces the sickening frustration of
to ensure their safety under the Taliban
being neither able to act nor protect his
regime which targets women as its
younger brother.
victims. Currently 51% of unaccompanied minors Hassan’s parents disappeared two weeks
in Europe undergoing the asylum process
before he was due to flee Afghanistan.
come from Afghanistan and 75% have
They are presumed dead. Hassan was
experienced violence, discrimination and
smuggled into Iran in June 2015 but his
abuse during the journey6. Having fled
younger brother was not successful. Due
persecution in his own country Hassan
to the turbulence of his departure, Hassan
was kidnapped upon arrival in Iran. His
CLAIR MCQUE
is unaware of his brother’s whereabouts. To the last of his knowledge, his younger
6 1TVnews.af, 9.3 million people need aid in 2017
brother was in hiding. When asked
in Afghanistan, (January 2017) http://1tvnews.af/en/ news/afghanistan/27168-un--93-million-people-need-
about him, Hassan’s face is paralysed
aid-in-2017-in-afghanistan- [accessed February 2017]
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HUMAN RIGHTS JOURNAL
captors released him after three nights,
under the wheels of a lorry and board a
realising that no family existed to pay
ferry bound for England.
Hassan’s ransom. As a transit country
Arrival in England was far from the
for vulnerable migrants endeavouring
promised land Hassan had hoped it
to reach Turkey, Iran is the number one
would be. He joined the throngs of
country in the world for human trafficking
refugees seeking asylum in the UK. He
and exposed families are trapped,
has a social worker, that he sees just once
unable to reporting the kidnappings due
a week due to massive oversubscription
to fear of becoming a target7. Hassan’s
and he plays football with other refugees
experience serves as a grim reminder of
in his shared house. He is the subject of
how devalued life has become in this part
intensive and intrusive interviews; a series
of the world where children function as
of incessant questions fired in English at
human bargaining chips.
the bewildered and displaced Hassan, demanding he tell and re-tell and re-
Like thousands of others, Hassan ended
tell his painful story. Despite Debbie’s
up in the Calais Jungle camp. Although
presence during these interviews, these
he does not speak often of what he
deeply disturb Hassan particularly when
experienced here, Hassan explains
pressed about his brothers. Asylum
how each night was spent attempting
procedures are built to determine
break out through a weak spot in the
whether someone meets the legal
camp’s metres high fences. The recurring
definition of a refugee and crucial criteria
mission: escape to England, was subject
for qualification is age. Over the age
to constant failure. In a perverted game
of 18, chances of being able to remain
of snakes and ladders, Hassan was
in the UK drop dramatically. Answers
captured multiple times by French police
are meticulously cross-referenced; any
or private security firms patrolling the
crack in Hassan’s story will result in his
camp’s borders. Eventually, a steely will
deportation. Aware of the trauma Hassan has experienced, Debbie’s approach is one
7 United Nations in Afghanistan, Population Move-
of friendship and sensitivity; his response
ment Bulletin, No. 8 (January 2017)
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and perseverance enabled him to hide
Acts of Compassion: Engaging with an Afghan Refugee’s Narrative
UNIVERSITY OF LEEDS
filled with gratitude and absolute
asylum discounts his barely-won struggle
appreciation. He visits their family home
to arrive in England and ignores the
for Sunday lunches, plays sport with her
undeniable fact that Afghanistan is a
children and is included in family photos.
country on the brink of survival. Death
Debbie’s involvement helps to alleviate
is the endgame for Hassan if he is
Hassan’s loneliness and the sense of
deported to Afghanistan where he has
alienation felt by so many refugees.
no knowledge of his family, no contact
Now enrolled in a local college, Hassan
with his sisters and an ever-present
learns English and Maths. His tumultuous
Taliban threat on his life. An assessment
experiences over the past two years and
conducted by the United Nations High
Debbie’s encouragement have fuelled
Commission of Refugees in 2016 stated
his ambition is to become a journalist.
that the whole of Afghanistan is now
However even with Debbie’s sustained
affected by an ‘internal armed conflict’
support and Hassan’s proximity to her
as written in European Refugee law8.
family, his permanency remains an
Consequently, it is no longer possible to
unresolved question.
distinguish between secure and insecure areas in Afghanistan. With already 600,000
Recently Hassan was approached at
conflict induced internally displaced
a mosque in Dover by a man who
Afghans inside its borders and a sudden
pronounced the words ‘the Taliban know
influx of repatriated Afghans following
you are here.’ Police efforts to identify this
the breakdown in relations with Pakistan,
man have been fruitless and these sinister
the country staggers under the weight
words prompt the question how and why
of increasing violence and insufficient
Hassan is on the Taliban’s radar?
resources.9
Remaining in the UK is a matter of life or
8 US Department of State, 2016 Trafficking in persons:
death. The idea that simply an ‘X’ marked CLAIR MCQUE
Slums and overcrowding
Iran, (2016) (report<https://www.state.gov/j/tip/rls/tiprpt/
on a document by a government official
countries/2016/258786.htm> [accessed February 2017]
will determine Hassan’s future seems both
9 Esther Felden, Afghan migrant returs as a stranger
reductive and disillusioning. Categorising
to a deteriorating country, (January 2017) <http://www. dw.com/en/afghan-migrant-returns-as-a-stranger-to-a-de-
Hassan’s experience as worthy or not of
teriorating-country/a-37272186> [accessed February 2017]
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HUMAN RIGHTS JOURNAL
have led to the proliferation of diseases,
people are even more important. Debbie’s
including malaria and hepatitis.10 It cannot
instinctive actions have helped Hassan to
be possible to deport a 17-year old back
re-establish the quality of life lost to him for
to these conditions.
so long.
An illogical correlation arises. As the
For Hassan and the thousands of refugees
violence and danger faced by Afghans
who have suffered displacement from
daily increases, the rate of recognition of
their countries due to humanitarian crisis,
the refugee status in Europe has reduced
war and persecution, it is imperative that
from 72% in 2015 to 34% by the end of
we humanise the word ‘refugee’ and do
2016.11 It is this decreasing tolerance and
not ignore the consequences of rejecting
vilification of the refugee across Europe
appeals for asylum. The perilous journey
that it is imperative to counteract.
that many refugees face both divorces and debases the words ‘human’ from
UNHCR representative Maya Ameratunga
‘rights.’ Through compassion; opening
says, ‘some returns of rejected asylum
our hearts and country, we can help this
seekers are necessary, but this must be
vulnerable group to reassert the human
only after undergoing fair and transparent
rights and dignity that they are entitled to.
asylum procedures and must avoid exacerbating the humanitarian situation
Bibliography
in Afghanistan.’ While the international
Rights: North Korean Refugees in East Asia (California: Praeger, 2012) p. 2.`
community acts to address the reason for displacement within Afghanistan itself, the actions of inspiring individuals like Debbie
Lankov, Andrei, ‘North Korean Refugees in
towards these streams of vulnerable
Northeast China’, in Asian Survey, 44, 6 (2004),
10 United Nations in Afghanistan, Population Movement Bulletin, No. 8 (January 2017)
Lankov, Andrei, The Real North Korea: Life and Politics in the Failed Stalinist Utopia (Ox-
11 1TVnews.af, 9.3 million people need aid in 2017
ford: Oxford University Press, 2015) p. 257.
p. 857.
Lee, Kum-sun, Su-am Kim, North Korean Human Rights Abuses and Strategies for
news/afghanistan/27168-un--93-million-people-needaid-in-2017-in-afghanistan- [accessed February 2017]
87
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in Afghanistan, (January 2017) http://1tvnews.af/en/
UNIVERSITY OF LEEDS
Improvement (Seoul: Research Series 09-11, 2009) p. 104. Nathan, Andrew, ‘Authoritarian Resilience’, in Journal of Democracy, 14, 1 (2003), p. 114.
For The Protection Of ‘True’ Human Rights: A Totalitarian Regime On The Korean Peninsula
Shim, Elizabeth, ‘Kim Jong-un unpopular among top North Korean officials, defector says’, in United Press International (2016) < http://www.upi.com/Top_News/WorldNews/2016/04/28/Kim-Jong-Un-unpopularamong-top-North-Korea-officials-defectorsays/6141461862688/ > Song, Jiyoung, Human Rights Discourse in North Korea: Post-Colonial, Marxist, and Confucian Pespectives (London: Routledge, 2011) p. 147. United States of America Central Intelligence Agency’s North Korea fact book < https:// www.cia.gov/library/publications/the-worldfactbook/geos/kn.html > Walker, Peter, ‘North Korea human rights abuses resemble those of the Nazis, says Un enquiry’, in Guardian (2014) < https:// www.theguardian.com/world/2014/feb/17/ north-korea-human-rights-abuses-united-nations#comments > Yonhap News Agency, ‘UK condemns North
RICHARD GRIFFIN
Koreas human rights record, urges intervention’, in BBC Monitoring Asia Pacific (2005).
88
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Photo credit: Angus Ross
Reconciling Israel-Palestine: Lessons from Northern Ireland Angus Ross
Upon visiting the Israeli West Bank Barrier in August 2016, I noticed Palestinians nearby actively encouraging visitors to contribute to the graffiti/ artwork of the wall. In a situation as complex as the IsraelPalestine conflict, I was left wondering: do we aid resolution by providing short politicised statements? This in turn, made me consider the role of the international community in brokering
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HUMAN RIGHTS JOURNAL
peace between Israel and Palestine.
Israelis and Palestinians simultaneously.
The longer I stayed in Israel/ Palestine,
When either side commits wrongdoing,
the more danger I saw in simplifying
we must scrutinise the specific details of
the conflict and reducing either side to
the injustice in order to make a positive
stereotypes. Yet within the international
contribution to the peace process. For
community, I have found people’s
example, when visiting Hebron, I was
attitudes to be binary and partisan. In
concerned for the well-being of local
my personal experience, whenever the
Palestinians. Jewish settlers, housed
Israel Palestine debate is raised, people
above the Palestinian population were
often undermine the complexity of the
known to throw down harmful materials
situation. Upon returning from Israel and
at the Palestinians. To protect themselves,
Palestine, I vividly remember a friend
the
asking: “so, which side are you really on?”
makeshift netting. The excessive litter I
Palestinian
community
used
saw on top of the netting demonstrated The international community appears to
a complete disregard for the livelihoods
be more concerned with passing moral
of Palestinians from the Jewish settlers
judgements on either side rather than
above.
actively thinking how the livelihoods of both Israelis and Palestinians can be
However, just as we should recognise
improved. The question, “which side
the right of Palestinians to life, liberty and
are you on” is immensely problematic.
personal security, we must also scrutinise
Its simplicity implies that only one side
the way in which some Palestinians resist
is worthy of our empathy and concerns.
Israel. For example graffiti on the West
More pressingly, such an attitude of
Bank Barrier showcases a Palestinian
accepting partisanship impedes the
desire for freedom and improved
potential of the international community
livelihoods, but also support for terrorism
to resolve the ongoing divisions of Israel
and
and Palestine. For a lasting workable
indicate a deeply ingrained hostility
settlement to be established, the
between identities which should never,
international community must achieve a
under any circumstances be fuelled by
state of neutrality committed to helping
the international community.
Both
instances VOLUME 1 ISSUE 5
91
anti-Semitism.
Reconciling Israel-Palestine: Lessons from Northern Ireland
UNIVERSITY OF LEEDS
Photo credit: Angus Ross
My
desire
for
the
international
Protestant) associates itself with the cause
community to take a stance of active
of Israel. Indeed, to my great surprise, I saw
neutrality towards Israel and Palestine
more Palestinian flags in Northern Ireland
was consolidated by visiting Northern
than in Palestine itself.
Ireland. The Irish Troubles can be compared to the Israel/Palestine conflict
Northern Ireland, is no longer plagued by
due to the presence of differing religious
violent conflict although divisions between
groups, and the seeming impossibility of
communities
appeasing both factions simultaneously.
the 1998 Good Friday Agreement has
This link is in fact recognised by the
resulted in nearly 20 years of democracy,
differing
as previously irreconcilable differences are
communities
of
Northern
ANGUS ROSS
Ireland itself. The nationalist community
remain.
Nonetheless
now played out in government.
(overwhelmingly Catholic) associates itself with Palestine and to a lesser extent,
The similarities between the two conflicts
the unionist community (predominantly
are such that one can see structures
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HUMAN RIGHTS JOURNAL
Photo credit: Angus Ross Israeli West Bank Barrier
much like the Israeli West Bank Barrier
a conference inviting the different
in Ireland. These peace lines are used
factions of Northern Ireland to learn from
to this day to separate nationalist and
South Africa’s peace process. Such was
unionist neighbourhoods across Belfast
the profound influence of the Arniston
and Derry/ Londonderry.
Indaba that Martin McGuinness, a former IRA member reflected afterwards: “I could learn to love my enemy…if they
the Good Friday Agreement, South
[the ANC] can do that, we can do that
Africa and the US were fundamental. The
also.”
work of the African National Congress
The US, through Bill Clinton and George
(ANC) and Nelson Mandela in ending
Mitchell, supported the peace process in
apartheid was used as inspiration for the
Northern Ireland. Clinton’s commitment
reconciliation of Northern Ireland. In May
to peace was such that , he visited
1997, the ANC held the Arniston Indaba,
Northern Ireland three times from 1995
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In the creation and implementation of
Reconciling Israel-Palestine: Lessons from Northern Ireland
UNIVERSITY OF LEEDS
Photo credit: Angus Ross
ANGUS ROSS
Leila Khaled - Venerateed here for her roles in a 1969 and 1970 plan hijackings, and seen by many Palestinians as a symbol of resistance.
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HUMAN RIGHTS JOURNAL
Photo credit: Angus Ross Peace line in Belfast
to 2000, a number which increases in
violent situations and their requirements
significance in light of the fact that no
for peace. However, it is important to
US president had previously visited the
contrast and compare in order to move
country. By displaying neutrality, with an
forward. We must remember one of the
underlying commitment to â&#x20AC;&#x153;taking the
key purposes of studying history, to make
gun out of politicsâ&#x20AC;?, Clinton and Mitchell
better sense of the present and future
were accordingly able to pressure
through an understanding of the past.
unionist and nationalist leaders towards
Therefore with caution, the Northern Irish
signing the Good Friday Agreement.
peace process can be said to serve as a tentative beacon of hope for Israel and Palestine.
making comparisons of the resolution of two different conflicts. By jumping
If we wish to resolve the Israeli-Palestinian
to such conclusions we risk simplifying
conflict, we must follow the example
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Admittedly, one should be cautious in
UNIVERSITY OF LEEDS
set by the international community in the 1990s in resolving the Troubles. We cannot afford to take the short-sighted approach of partisanship. In comparison to the Clinton administration of the 1990s, Donald Trump shows every sign of such partisanship in his support of Israel. The UK must instead utilise its â&#x20AC;&#x153;special relationshipâ&#x20AC;? with the US to push the international community towards a resolution in the Israeli-Palestinian conflict, with neutrality at the forefront of
ANGUS ROSS
Reconciling Israel-Palestine: Lessons from Northern Ireland
its intentions.
Photo credit: Angus Ross Bobby Sands, the republican who famously died in the 1981 hunger strike
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Tree Prologue
Boluwatife Kusoro
The purpose of this piece is to examine the cultural and religious nature of female genital mutilation. Often termed â&#x20AC;&#x2DC;female circumcisionâ&#x20AC;&#x2122;, FGM is practised to limit female sexuality and prevent promiscuity in girls. Girls as young as five years old are subject to having their sexual organs cut and their ability to experience sexual pleasure removed completely. Victims do not have a choice and are mutilated; a girl is stripped of her body before she knows its purpose. The piece is a fictional depiction of Yemisi, a young girl, remembering the day she was cut. She wants to know why, so do I.
I remember a day when I was eight years old. Still young, newly scarred. I remember how I sat in that bathtub, still, with my grandmama arched above me. I remember how it felt, the coolness of the acrylic, the warmth of the soapy water pressed against my small backside. I remember the delicate strokes of her fingers as they washed me that day. So careful, too gentle. She was bathing me as she always did when I was eight. She said I could not clean myself, so she cleaned me. She scrubbed my skin with that rugged sponge that I still remember, attacking the skin beneath my arms so vigorously, as she did so she hummed. Her humming was soft and high pitched, it was neither joyful nor sorrowful, just a habit. One that I knew well because it was a habit that I had been acquainted with since birth. I calculated her mood by her humming tune. When she was happy, she would hum a yoruba praise song, a song that would make her voice dart joyfully from note to note, the flick in her tone would make me smile involuntarily. When she was sorrowful, she would hum a tune that I did not know, but I recognised. Her sorrowful humming was softer than her joyous hum, it rarely showed itself, but when it did, it made me remember that she was alive. That day when I was eight years old, my grandmama did not hum while she
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bathed me. I sat in that bathtub, still, and I knew that she was neither joyful nor sorrowful. I did not know which emotion she felt, or whether she felt any at all. The bathroom felt empty without the presence of her voice, and though I knew that she was neither joyful nor sorrowful, I was glad she was there. I was glad she was alive. “Yemisi, put up your hands so I can scrub it” she said grimly, and I obeyed, because I could not clean myself. Her voice was loud and sudden due to the absence of her humming so I hesitated, but I still obeyed. There was a long silence. “Grandmama” I said. “Yemisi, omo mi” she replied, sounding neither joyful nor sorrowful. “Why did you let those women cut me?” I said, a tear streaming from my eye “I didn’t do anything, I was crying and you did not help me.” She ignored my tear and scrubbed my cheeks hard and rough with that rugged sponge. “Yemisi” she said. “Grandmama?” I replied. “What did God tell Adam and Eve in the beginning?” she asked. I was reluctant to answer because I hated how my grandmama always answered a question with another question. “That they shouldn’t eat the fruit?” I said. My voice went high because I wasn’t sure that I had given her the right response and that rugged sponge was digging into my pores. “That they shouldn’t eat the fruit.” she said in affirmation “And what did they do?” “They ate it” “Why?” “Because the serpent tempted them” She paused. “How do you think they could have avoided that mistake, ehn Yemisi?” she said. I didn’t know the answer to her question, so I looked down at my long brown legs that lay beneath the soapy water.
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“Ehn?” she repeated. She released the sound loudly from behind her lips and let go of my arm. She watched it drop into the water. “Grandmama I don’t know” I said, still looking down, my lips tight. “Don’t worry,” she said, the words flowed sarcastically out of her mouth “I will answer for you. They could have cut down the tree.” I would have looked up at her and told her that it would have been wrong for Adam and Eve to destroy the tree without God’s permission. After all he put it there for a reason, even if they didn’t know what it was. It would have been wrong to destroy God’s creation because of their own lack of self control. But I did not know that then, so I continued to stare at my long brown legs that lay beneath the soapy water. “Tell me Yemisi,” she continued “if they had cut down the tree, which fruit would the devil tempt them with?” “There would be no fruit.” I replied emotionless, eyes on the water. “And how would they have committed sin?” she questioned. “They would not have.” “That is your answer. That is why I let those women cut you” my grandmama said “I was cutting down the tree.” I did not reply to her because I was eight years old, and I could say nothing to my grandmama. I simply stared into the bathwater and allowed more warm tears to stream from my eyes. “Now, don’t let me hear you ask me about it again” my grandmama said Tree Prologue
coldly. I determined from then that when she did not hum, she was neither joyful nor sorrowful, just cold. “That was two years ago.” she said “You should forget about it now. If you keep asking me it will keep paining you, it will never go away.” I wanted the pain to go a away desperately so I stopped remembering it. I
Boluwatife Kusoro
kept quiet. I stood up in the bath and my grandmama stood up with me. She straightened her back, wrapped a cool, dry towel around me and led me out of the bathroom. After all I was eight years old. I could not clean myself, so she cleaned me.
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Children of Myanmar Sophie Coyle
I chose to visit Myanmar in January 2016 to witness a nation in the grasp of fledgling globalisation, economic liberalisation and business opportunity with a particular interest in how the youth are coping with unprecedented change. I observed that the children of Myanmar possess a tenacious ability to function in whichever niche their economic or social class dictated, which, in many instances included
working.
Undoubtedly,
Myanmar's youth are key to the nations success on the global stage. However, I departed with concern that rapid development will l be supported by the mobilisation of a low educated child workforce.
1. This photograph was taken in Bagan, whilst visiting the cities famous pagodas. The little boy in the picture became my tour guide and showed me around one of the pagodas, pointing out the interesting features and detailing a short history of the area in broken English. He asked for some money in return for his services. The Asian Development Bank reported the tourism increased by 19% in 2016 contributing to 4% of Myanmarâ&#x20AC;&#x2122;s GDP.1 Growing numbers of children are employed within this industry, I personally witnessed children working as waiters, vendors, tour guides and receptionists.
1
Asian Development Bank, Myanmar and ABD
<https://www.adb.org/countries/myanmar/main> [Accessed 2 Feb 2016]
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Photo 1 credit: Sophie Coyle
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SOPHIE COYLE
Children of Myanmar
Photo 2 credit: Sophie Coyle
2. I stumbled upon these children in
however, secondary education is not
Yangon, the former capital of Myanmar.
universal and enrolment levels are as
Much of the city has been left in a state of
low as 51%.3 Corruption is rife within
disrepair following the forcible relocation
higher education and access is often only
of the capital to Naypyidaw in 2012,
available to the children of prestigious or
remnants of the governments military
wealthy families, conversely many poorer
bases remain throughout the city. I
families require their children to work to
observed these children climbing under
support the household.
2
a metal gate on their way home from school, they explained they belonged
3. This photograph was taken whilst
to a community of families squatting
walking along a pilgrimage route in
in a disused military base. Education is
Hâ&#x20AC;&#x2122;pann, in the North of Myanmar. I
compulsory in Myanmar for five years
was fortunate to cross paths with these
until children reach the age of nine,
young nuns descending from a remote monastery
2 Brittanica, Yangon, Myanmar <https://www.britanni-
pilgrimage.
ca.com/place/Yangon> [Accessed 3 Feb 2016]
104
after
completing
their
HUMAN RIGHTS JOURNAL
Myanmar is a highly religious nation
become learned in Buddhist teachings.
with 89% of the population identifying
However, children also expected to
as Buddhist. Children are interned as
preform duties such as daily begging
monks or nuns for one year or in some
which allows the monks buy food and
cases permanently to ease the financial
maintain monasteries.
3
burden on their families. Once interned children receive a free education whilst
4. This photograph was taken in the early morning whilst hiking near Inle Lake,
3
World Bank, Myanmar <http://data.worldbank.
org/country/myanmar> [Accessed 3 Feb 2016]
these young boys were helping their mother to harvest bamboo.
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VOLUME 1 ISSUE 5
Photo 3 credit: Sophie Coyle
UNIVERSITY OF LEEDS
Photo 4 credit: Sophie Coyle
In rural areas agriculture provides the main source of income and makes up 27% of the countryâ&#x20AC;&#x2122;s GDP; children are
SOPHIE COYLE
Children of Myanmar
often required to help as extra farm hands learning to wield machetes or herd cattle from a young age.4
4
World Bank, Myanmar <http://data.worldbank.
org/country/myanmar> [Accessed 3 Feb 2016]
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UNIVERSITY OF LEEDS
Human Rights On Your Doorstep All Hallows Church, Hyde Park: A True ‘Leap Of Faith’ Sophie Coyle
All Hallows Church, Pay-As-You-Feel Cafe
The phrase ‘leap of faith’ is used frivolously
me, All Hallows Church, Hyde Park defines
in modern society and invokes a range
the true meaning of ‘a leap of faith’.
of different meanings dependent on the
All Hallows Church is a Christian church
interpretation of the reader.
committed to extending a warm welcome
For example, a politician may urge the
and a helping hand to women, men and
uncertain voter to take a ‘leap of faith’ whilst
children of any race, religion, age or sexual
galvanizing support for their latest election
orientation and is changing lives in our
manifesto, or in a more literal sense,
local community by looking to meet the
those seeking an adrenaline rush may be
needs of people who feel ‘damaged or
encouraged to take a ‘leap of faith’ when
marginalized’.
completing a bungee jump. However, for
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HUMAN RIGHTS JOURNAL
I first met Heston, the resident vicar at
events are only possible due to the
All Hallows Church in October 2016
tenacious and dedicated team of
and was blown away by his progressive,
volunteers.
cross-faith attitude towards religion Heston and All Hallows Church have
of Hyde Park who have become victims
additionally forged a close friendship and
of human rights violations.
dialogue with the leaders and attendees
One of Heston and his teams’ amazing
of the local Mosques and Hindu temples
achievements has been transforming
based in Hyde Park. Together they strive
the church into thriving into a hub
to promote moral commonality and share
of activity which plays host to a jam-
celebration of religious festivals; actively
packed
and
preaching the importance of acceptance
activities enjoyed by all the community.
and equal rights for all. All Hallows Church
These include: ‘The Real Junk Food
shows a true dedication to bettering the
Project’ which uses surplus or waste
lives of people within our community;
food to provide a tasty meal on a ‘pay-
which becomes more poignant when
as-your-feel’ basis and takes place
considering, as students, these are
every Monday and Thursday; The
often people we live amongst but not
Asylum Seekers Housing Program
with. In every sense, All Hallows Church
which offers free accommodation and
is the true definition of ‘leap of faith’ by
food for asylum seekers and helps them
unequivocally trusting the goodness
to secure permanent housing in the
of people, helping those in need,
UK; The Ladybird Project which offers
promoting a universal ‘faith’ founded in
a free Skill Share program based Leeds
equality and making extraordinary ‘leaps’
with the aim of enhancing confidence
to support the victims of human rights
as you learn and AJAR (Asylum Justice
violations within our community.
and Release) an organization which
In 2017 the Leeds Human Rights Journal
works with asylum seekers in detention
is following in the footsteps of All Hallows
or removal centers to secure bail and
Church and taking its own leap of faith!
provide support for individuals before
For the first time following the journal’s
and after release. Amazingly, these
launch in 2012 we have decided to
schedule
of
events
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VOLUME 1 ISSUE 5
and his dedication to support residents
UNIVERSITY OF LEEDS
throw our first exhibition event to showcase the fantastic work published in the 2016/2017 edition. The exhibition event is focused on giving people a platform to talk about their motivations behind their journal articles and share their unique
perspectives
regarding
some of 2016/2017 most pressing human rights topics. Additionally, some friends of All Hallows Church are kindly willing to share their own personal experiences with human rights battles they endured or have witnessed first-hand.
All Hallows Church, Pay-As-You-Feel Cafe
The event will be held on the 6th of June at 6pm at All Hallows Church. Anyone is welcome providing they have purchased a ticket: purchasing cost and dates will be announced on the Leeds Human Rights Journal Facebook. Take a â&#x20AC;&#x2DC;leap of faithâ&#x20AC;&#x2122; and join us, as both students and members of our community stand together in the battle for universal human rights!
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All work in this Journal is licensed under the Creative Commons Atrribution-NonCommercial-NoDerivs 3.0 Unported License. No part of this work can be reproduced without prior permission. To view a copy of this license, visit www.creativecommons.org/licenses/by-nc-nd/3.0 All photographs within this journal were taken by the respective author unless stated otherwise.