University of Leeds Human Rights Journal - Volume 5 Issue 1

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

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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,

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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),

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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).

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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

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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

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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,

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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

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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]

83

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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VOLUME 1 ISSUE 5

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

VOLUME 1 ISSUE 5

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).

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UNIVERSITY OF LEEDS

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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VOLUME 1 ISSUE 5

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

UNIVERSITY OF LEEDS

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]

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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]

106

107

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

108

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

109

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!

110

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.