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The University of
Chicago
Journal of
Human Rights
Published by:
The University of Chicago
Amnesty International Chapter
Dear Reader,
Thank you for picking up a copy of The University of Chicago Journal of Human Rights,
The University of Chicago Amnesty International Chapter’s first annual human rights
journal.
In this edition, you will find the stories of people around the world whose basic rights are
denied. Whether you read about victims of torture or Rohingyan refugees in Burma, we
hope you will not only gain a deeper appreciation of your own security and wellbeing,
but also a stronger sense of urgency to end the suffering of your fellow human beings.
Headlines announce the misery and death of other humans so often that we often be-
come desensitized to these tragedies. Just the other day, I caught myself absentmindedly
scrolling past the headline, “Dozens drown off Greek islands in deadliest January for
refugees,” without thinking twice.
We challenge you to look at human rights abuses with fresh eyes, open to the sadness,
anger, or frustration that they may cause, and to use your emotions as motivation to help
end the cycle of human violence. If everyone put in the effort to empathize with one an-
other, as we now ask you to, we firmly believe that the headlines would not read as they
now do.
				
						 — Julian Duggan, Editor-In-Chief
Staff:
Editor-In-Chief:
Julian Duggan
Editors:
Maia O’Meara
Jacqueline Ortiz
Emma Preston
Layout Editor:
Elisabeth Huh
Outreach:
Julian Duggan
2 		 Torture: A Necessary Evil?
		Elisabeth Huh
8 		 Clearing up Misconceptions: The Realities of
		 Sex-Trafficking In The U.S. 	 		
		 Gigi Ortiz
14		 The Plight of Burma’s Rohingya People
		Amy Qin
21 		 Dirty Water And Its Consequences
		Emma Preston
Contents
Contents | 1
Torture:
A Necessary
Evil?
By Elisabeth Huh
By Elisabeth Huh
Torture: A Necessary Evil? | 2
are subject to prosecution for torture. Internation-
al legal norms consider the prohibition against
torture a jus cogens—a fundamental law that
establishes a universal jurisdiction over torture,
entitling every state the authority to investigate,
prosecute, punish or extradite anyone who per-
petrates torture, no matter the circumstance.2
This fortification of laws suggests that tor-
ture only continues rarely, in secrecy, hidden
in shadows behind closed doors and extorting
cries in cached underground chambers. Howev-
er, Amnesty International has found torture in at
least 141 countries over the last five years, and
countries like the United States and France re-
fuse to enforce international law by trying their
own officials who have sanctioned torture.3
These stunning facts beg a series of ques-
tions: How does torture persist if it receives
universal condemnation? Is torture actual-
ly a necessary evil? If so, should we amend
the CAT to make exceptions for torture in ex-
ceptional circumstances? How else can we
bring about greater fidelity to international law?
I will begin by presenting the argument for tor-
ture as necessary evil. I will start by describing
Can we really live in a world without torture?
International law certainly aspires to abolish the
age-old practice. Since 1984, 155 states have
ratified the UN Convention Against Torture (CAT),
which declares, “No exceptional circumstances
whatsoever, whether a state of war or a threat
or war, internal political instability or any oth-
er public emergency, may be invoked as a jus-
tification of torture.”1
Moreover, even individuals
residing in states that have not ratified the CAT
Guantanamo Bay by Walt Jabsco/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives
license.
Torture: A Necessary Evil? | 3
an idealized version of the ‘tick-
ing time-bomb’ thought-exper-
iment, which presents excep-
tional conditions that appear to
morally justify torture. Next, I
will show how torture support-
ers argue that certain real-life
situations match the conditions
in the theoretical scenario,
thereby legitimizing tough but
necessary decisions to torture.
After presenting these argu-
ments, however, I will reanalyze
the ‘ticking time bomb’ scenario
and refute its purported real-life
parallels, arguing that the CAT’s
prohibition on torture should
remain absolute for four main
reasons: 1) making excep-
tions for torture in the CAT will
grant states the leeway to jus-
tify unnecessary and ineffective
uses of torture, 2) experts have
claimed that torture is not a reli-
able means of extracting accu-
rate information, 3) in reality, it
is impossible to objectively vali-
date whether torture will create
more overall good than harm,
and 4) the absolute prohibition
on torture rests on principles
that form the bedrock of the en-
tire international human rights
regime. I will conclude by argu-
ing that action should be taken
against the Bush administration
officials who sanctioned tor-
ture during the War on Terror.
‘Ticking Time Bomb’
Thought-Experiment
I start by describing a situa-
tion that utilitarian philosophers
would argue makes torture a
necessary evil. In this scenario,
the C.I.A. has discovered that
a ticking time bomb has been
set to destroy a U.S. city in one
hour. The C.I.A. has captured
the terrorist who planted the
bomb, and they know that he
is the only one who knows the
bomb’s location. If the terrorist
reveals the location of the bomb,
the C.I.A. will be able to disable
it and save thousands of lives.
The C.I.A. has a torture expert
who can make any person spill
any secret, and the terrorist has
so far refused to respond to all
other efforts to compel him to
reveal the location of the bomb.
Most utilitarian moralists
would argue that if all other
means have failed, we should
resort to torture. If the C.I.A.
chose not to torture the terror-
ist out of respect for his human
rights, thousands of innocent
civilians would certainly die. If,
on the other hand, the torture
expert tortured the terrorist
and consequently received the
correct location of the bomb,
it seems that the thousands of
innocent lives the act of torture
would save would ultimately
justify the terrorist’s suffering.
Under a calculus that aims to
produce the greatest good for
the greatest number, it appears
wrong not to use torture to save
thousands of innocent lives.
It is difficult to imagine this
exact scenario unfolding out-
side of a movie theater. How-
ever, many states, including
the U.S., have argued that cer-
tain wars against terrorists and
guerilla fighters present similar
conditions that necessitate the
use of torture. For example, the
retired U.S. General Joseph P.
Hoar has argued that torture
tactics allowed French forces to
win the Battle of Algiers in the
Algerian War of Independence
between 1954 and 1962.4 5
During the war in Afghanistan in
the early 2000s, Bush Adminis-
tration officials argued that hide-
and-seek guerilla tactics justi-
Time Bomb by Dirk Knight/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
Torture: A Necessary Evil? | 4
further defended the practice
by arguing that people who kill
innocent lives and disregard
common rules of morality be-
come “illegal combatants” who
have forfeited rights protec-
tions by the Geneva Conven-
tions.6
These arguments lead
to a grim conclusion: so long as
certain evils exist we must use
torture to defend ourselves.
Through this perspective, the
CAT is an impractical, aspira-
tional declaration that states
are often right to defy; to meet
the exigencies of cruel, hard
reality, it seems we ought to
amend the CAT to sanction the
use of torture against terrorists
who possess critical informa-
tion regarding other terrorists
and terror-related activities.
This conclusion utterly fails to
perceive how such an amend-
ment to the CAT would engen-
der problems and dangers of
much greater magnitudes. One
false premise in the argument
for legalizing torture is that a
torturer can truly know who to
torture in a trade-off for secu-
rity. As the philosopher David
Luban has argued, we often
use torture precisely because
we are unsure whether a per-
son is actually a terrorist; and
yet, torturers always start their
act by presuming the guilt of
their victims.7
This mentali-
ty leads us not too far astray
of the mad logic of the Salem
Witch trials. Indeed, more often
than governments choose to
admit, they simply take a gam-
ble in deciding who is and is not
a threat—as over eighty falsely
imprisoned and tortured detain-
ees in Guantanamo can attest.8
Yet, even when a moral conse-
quentialist rulebook points to
clear culpability, states evade
responsibility for their actions.
When Torture Goes Wrong
A case in point is Canadi-
an citizen Mahrer Arar, whom
U.S. courts continue to refuse
to compensate for wrongful
torture. In September 2002,
U.S. government officials inter-
rogated Arar at JFK airport on
his way home to Canada, and,
suspecting him of working for Al
Qaeda, they detained him for
two weeks, denied him access
to legal counsel on the grounds
that he was not a U.S. citizen,
and finally issued him to Syria,
where he was left to suffer at
the hands of torturers for over
10 months.9
Though Arar has
tried for years to receive com-
pensation for the violation of
his rights to due process and
bodily protection, U.S. courts
have refused to even take up
his case, arguing that doing so
would expose sensitive state
secrets and endanger nation-
al security.10
If the CAT were
amended to make exceptions
for torture, cases like Maher’s
could only occur more fre-
quently; furthermore, it would
be even more difficult for vic-
tims to prosecute perpetrators
and receive retributive justice,
because states would be able
to defend their actions under
the aegis of international law.
A False Sense of Heroism
The second reason we
should not amend the CAT
is that there is little reason to
believe that states would not
try exploit this legal provision
to justify torturing their ene-
mies. All torturers believe their
Maher Arar Speaks by Matthew Burpee/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
Torture: A Necessary Evil? | 5
would allow cruel and inhu-
mane punishment to continue
to hide under the banner of ‘the
common good,’ fabricated and
waved about by a psycholog-
ical shield of ‘heroism,’ and all
at the cost of innocent lives.
Torture Is Not Effective
Still another reason we should
not amend the CAT is the
wealth of evidence that shows
torture is not effective and often
causes more harm than good.
After the White House Coun-
sel Alberto Gonzales wrote a
memorandum in 2002 justifying
the use of torture against de-
tainees in Afghanistan, various
military officials, lawyers, and
veteran F.B.I. and C.I.A. agents
spoke out against the decision;
they argued that though torture
may help to achieve short-term
goals, it endangers troops,
lowers morale, and ultimate-
ly undermines the war effort.11
Torture expert Darius Rejali
has also provided substantial
evidence that torture is an inef-
fective means of acquiring infor-
mation. In his paper, “Does Tor-
ture Work?,” Rejali argues one
cannot practice torture scientif-
ically; pain tolerances change
over time and vary from per-
son to person, so any ‘expert’
claims to ‘professional’ knowl-
edge of the amount of pain nec-
essary to make a person crack
should be disregarded as a
charlatan mysticism (447-450).
Rejali also cites evidence from
the U.S. Army Study of Ameri-
can POWs to show that torture
may often “intensify, rather than
weaken, the resistance of the
prisoner,” thoroughly undermin-
ing its purpose (452). Finally,
even if victims were to cave and
divulge information, Rejali ar-
gues medical experts claim that
intense suffering often results in
lapses in memory and illusions
of knowledge, compromising
the efforts of torturers to gain
useful intelligence (461). Final-
ly, many military experts argue
that the best source of informa-
tion for combating terrorists is
public cooperation (458). How-
ever, torture tactics transform
military and law enforcement
officers into cruel and inhu-
man monsters in the eyes of
the public, giving citizens more
reason to refuse to cooperate.
As a final point, even if torture
were an effective means of ac-
quiring information, in most cas-
es, it would still be difficult to de-
termine whether this knowledge
would outweigh its far-reaching
negative consequences. Tor-
ture afflicts not only the body
of the target, but the entire so-
cial fabric: it entraps innocent
family members and friends of
torture victims in a web of hor-
ror and silence; it renders them
“deaf and blind and mute,” par-
alyzed by fear and uncertain-
ty.12
The torturer himself also
fails to escape unscathed: with
every lash of his whip, he too
loses more of his humanity. The
act forces him to dehumanize
his victim and harden his own
heart and mind against mercy
and moral reflection. Torture
offers, at best, dubious securi-
ty benefits, while inflicting un-
questionable harm onto the
victim, the victim’s social com-
munity,andeventheperpetrator.
Do We Want To Protect
Human Rights?
The final reason we should
Witness Against Torture: Feet by Justin Norman/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommer-
cial-NoDerivatives license.
Torture: A Necessary Evil? | 6
categorically refuse to accept
exceptions to torture is that such
a decision would undermine the
philosophical basis of the entire
human rights regime. Today,
the legitimacy of the human
rights legal order often falls into
question: arguments for moral
relativism and disagreements
about what actually constitutes
a basic human right challenge
its claim to universality.13
How-
ever, many scholars have tried
to resolve the debate by argu-
ing that certain basic rights—
like the right to physical securi-
ty— are fundamental, universal,
and philosophically justified.14
If we begin to make exceptions
to this fundamental right—if
we argue that it may be condi-
tioned on one’s specific identity,
on one’s presumed actions, or
on the need to achieve some
greater end—then we have ac-
cepted that human rights are
indeed violable and alienable.
Unfortunately, the current
state of international affairs
does appear to support this at-
titude. The U.S.’s ability to get
away with torture spells not only
negative political consequences
in the international sphere—its
stained human rights reputa-
tion weakens its leverage for
human rights advocacy abroad
—but also casts an ominous
outlook on hopes for interna-
tional justice.15
So long as Bush
Administration officials who
sanctioned the use of torture in
Guantanamo and Afghanistan
suffer no negative repercus-
sions, the skeptical realist theo-
ry of international politics holds
true: “powerful states are able
to disregard international rules
at will.”16
Might makes right.
An Ideal to a Reality
The international community
must unequivocally prosecute
those who violate the absolute
ban on torture. As human rights
law skeptics such as University
of Chicago Law Professor Eric
Posner argue, the internation-
al community’s inability to reli-
ably enforce the prohibition on
torture spells doom the regime
as a whole.17
Though President
Obama has tried to close the
door on torture in the U.S. by
claiming that C.I.A. black sites
have been shut down, these
measures are not enough to
restore the U.S.’s internation-
al reputation or to help legiti-
mize the human rights regime
overall.18
To demonstrate that
the duty to respect human
rights is truly universal, hu-
man rights defenders must try
the Bush Administration offi-
cials who sanctioned torture.
Even if the officials ultimate-
ly do not suffer imprisonment
or other serious repercussions,
their trial would serve as a pub-
lic admission of wrongdoing
and finally give victims of torture
the opportunity to receive rep-
arations and retributive justice.
The law of universal jurisdiction
grants any state or internation-
al court the ability to charge the
officials, and one must step up
to do so if U.S. courts refuse
to do so themselves. For it is
only by firmly refusing to make
exceptions for basic human
rights, regardless of circum-
stances or the convenience of
the world’s great powers, that
an international human rights
regime can meaningfully exist.
Protest against George W. Bush speaking at Beth El synagogue in St. Louis Park by Fibonacci Blue/ © Some rights reserved. Licensed under a
Creative Commons Attribution license
Torture: A Necessary Evil? | 7
To Help:
Donate to the Torture Abolition and Survivor Sup-
port Coalition. Based out of Washington, DC, this
group helps torture survivors seeking asylum in
the US acquire basic necessities and counseling,
raises awareness about the prevalence of torture
at home and abroad, and advocates on Capitol
Hill for legislation that helps put an end to torture
everywhere.
Notes:
1. UN General Assembly, Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punish-
ment, 10 December 1984, United Nations, Treaty Series,
vol. 1465, p. 85, available at: http://www.refworld.org/do-
cid/3ae6b3a94.html.
2. Prosecutor v. Furundžija (Judgment) ICTY-95-17/1-T (10
December 1998).
3. “Torture In 2014: 30 Years of Broken Promises,” Amnesty
International, May 13,
2014, https://www.amnesty.org/en/documents/
ACT40/004/2014/en/.
4. James Coomarasamy, “France confronts Algeria Torture
Claims,” BBC News, January 9, 2001. http://news.bbc.
co.uk/2/hi/europe/1108014.stm.
5. Kathryn Sikkink, “Bush Administration Non-compliance
with the Prohibition on Torture and Cruel and Degrading
Treatment,” in Bringing Human Rights Home, vol. 2, edited
by Albisa and Davis Soohoo (Praeger Perspectives, 2008),
197.
6. ibid, 194.
7. David Luban, “Eight Fallacies about Liberty and Securi-
ty,” in Human Rights in the ‘War on Terror’, ed. Richard Wil-
son (Cambridge: Cambridge University Press, 2005), 252.
8. ibid, 252.
9. David Cole, “Getting Away with Torture,” New York
Review of Books, Dec. 16, 2009. http://www.nybooks.com/
articles/archives/2010/jan/14/getting-away-with-torture/.
10. ibid
11. Sikkink, 197.
12. Ariel Dorfman, “The Tyranny of Terror: Is Torture Inevi-
table in Our Century and Beyond?” in Torture: A Collection,
ed. Sanford Levinson (Oxford: Oxford University Press,
2004), 9.
13. Kenneth Cmiel, “The Recent History of Human Rights,”
in The American Historical Review, vol. 109, no. 1 (Oxford:
Oxford University Press, 2004), 132.
14. Henry Shue, Basic Rights: Subsistence, Affluence, and
U.S. Foreign Policy (Princeton: Princeton University Press,
1996), 22.
15. Sikkink, 188.
16. ibid,188.
17. Elisabeth Huh, “Can Law Really Defend Human Rights?
A Conversation With Eric Posner,” The Midway Review, vol
10, no. 2 (Winter 2015): 42-45. http://midwayreview.uchica-
go.edu/a/10/2/huh/huh.pdf.
18. Daniel Bilefsky, “Court Censures Poland over CIA
Renditions,” New York Times, July 24, 2014, http://www.
nytimes.com/2014/07/25/world/europe/europe-pol-
land-cia-black-site-extraordinary-rendition.html.
Sex Trafficking | 8
Clearing up
Misconceptions:
The Realities of
Sex Trafficking
In The U.S.
By Gigi Ortiz
By Elisabeth Huh
“When we hear the words ‘sex trafficking,’
as Americans we immediately think of women
and children overseas who are being forced
into the sex trade or who are brought into the
United States for the purpose of sexual ex-
ploitation,” says Tina Frundt, Street Outreach
Coordinator for Polaris Project and a survivor of
sex trafficking. “We don’t usually think closer to
home — Americans trafficked by Americans.”1
Despite these misconceptions, sex trafficking
is hardly a problem that only happens abroad.
Just last year, 3,598 cases of sex trafficking
were reported in the US according to the Na-
tional Human Trafficking Resource Center.2
The International Labor Organization (ILO) es-
timates that the sex trafficking industry is worth
$32 billion in the US alone.3
However, numbers
and statistics do little in the way of helping one
understand the enormity of sexual slavery in
the US since it is such a surreptitious crime and
finding reliable statistics is nearly impossible.
Regardless of the available data, it is import-
ant to recognize that sex trafficking is a problem
in the US and the first step to combating it is to
make the nation as a whole more aware of the
issue. Sex trafficking violates some of the most
basic human rights, including those outlined
in articles 4, 5, 23, 24, and 25 of the Univer-
sal Declaration of Human Rights,4
and although
new legislation has been passed in the last 15
years to combat it, the crime is still extremely
Human traffic, Piccadilly Circus, London by chrisjohnbeckett / © Some
rights reserved. Licensed under a Creative Commons Attribution-NonCom-
mercial-NoDerivatives license.
Sex Trafficking | 9
under-reported. The number
of trafficked persons in the US
remains unknown, but the ILO
has estimated that there are
20.9 million victims of trafficking
worldwide.5
Given this, it is like-
ly that hundreds of thousands of
Americans face fear, rape, and
violence every single day. Every
individual deserves to live a life
free from these evils, and should
be able to make their own choic-
es about their sexual partners,
their bodies, and their health.
By eliminating misconceptions
about sex trafficking, increasing
awareness, and learning how
to recognize and report traffick-
ing, we can work to decrease
the amount of sexual exploita-
tion in the US and begin to en-
sure that all individuals have
control over their own bodies.
What is Sex Trafficking?
Before action can be taken
to reduce it, one must under-
stand what exactly qualifies as
sex trafficking. According to the
Trafficking Victims Protection
Act of 2000 (TVPA), sex traffick-
ing is: “the recruitment, harbor-
ing, transportation, provision,
or obtaining of a person for the
purposes of a commercial sex
act, in which the commercial sex
act is induced by force, fraud, or
coercion, or in which the per-
son induced to perform such an
act has not attained 18 years
of age.”6
Sex trafficking victims
are often mistaken as sex work-
ers and may face social stigma
and prostitution charges, mak-
ing them reluctant to seek help.
It is important to note that
sex workers are those that are
voluntarily involved in the sex
industry and can freely leave if
they wish to, while individuals
who are forced into commer-
cial sex and cannot leave due
to threats of violence or depen-
dency on their trafficker (even if
they initially consented but later
faced force, fraud, or coercion)
are considered sex trafficking
victims. All persons under the
age of 18 who are involved in
commercial sex, even if they
consent without force, fraud,
or coercion, are considered
sex trafficking victims as well.7
While there is considerable
overlap between sex trafficking
and prostitution – sex trafficking
entails prostitution but not nec-
essarily the other way around
–it is important to recognize the
difference to avoid victim-blam-
ing and falsely charging vic-
tims as well as to provide vic-
tims with the resources and
support that they may need.
The Victims
There are several prevalent
misconceptions about who the
victims of sex trafficking in the
US are that may prevent Amer-
icans from realizing how wide-
spread of a problem domestic
sex slavery is. First, it is often
believed that victims are only
young women. Men, women,
girls, boys, and LGBT+ individ-
uals of all ages are victims of
sex trafficking here in the US,
although women and children
are targeted more frequently.
Another misconception is that
all victims are foreign nationals
or undocumented immigrants.
There are actually many vic-
tims of sex trafficking in the US
who are citizens, permanent
residents, or visa holders. Ac-
cording to NHTRC 2014 Annual
Report, 43.8% of the reported
Soho by Russell Davies / © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license
cases involved US citizens or
permanent legal residents while
only 12.9% cases were reported
to involve foreign nationals.8
It is
also commonly believed that all
victims of sex trafficking are face
severe poverty. Although pover-
ty may make an individual more
susceptibletobecomingavictim,
people from all socioeconomic
backgrounds can become the
targets of sex trafficking, as traf-
fickers may prey upon persons
with other vulnerabilities as well.
Essentially anyone can be-
come a victim of sex trafficking,
but there are specific character-
istics that put certain individu-
als at a higher risk than others.
Runaway and homeless youth
are commonly targeted by sex
traffickers since they lack the
traditional support systems that
most children have. According
to the National Center for Miss-
ing and Exploited Children, in
2014, one out of six endangered
runaways were likely victims of
sex trafficking.9
A child may be
considered an endangered run-
away as a result of the circum-
stances they are fleeing from
(e.g. domestic violence, moles-
tation, drug abuse), the broad-
er environment they live in (e.g.
high crime rates), the history of
the person that they ran away
with, their age (under 13 years
old), their physical ailments or
a drug addiction, their risk for
suicide, or any other circum-
stance that may put the child’s
life and wellbeing at risk. Anoth-
er study based in Chicago found
that 56% of prostituted women
were initially runaway youth.10
Those who have experienced
past trauma – such as domes-
tic violence, sexual assault, or
social discrimination – may be
more at risk because they have
come to expect abuse or re-
main emotionally vulnerable.11
Trafficker’sTactics
The methods that traffickers
use to lure individuals into the
commercial sex industry are
also frequently misunderstood.
People often think that traffick-
ers import all of their victims
from foreign countries or that
they exclusively target young,
foreign girls who are alone
and force them into a van. Al-
though these tactics are used
by some traffickers, they are
not the most common ways that
individuals are brought into the
commercial sex industry since
many trafficked individuals are
US citizens or legal residents.12
Traffickers prey on individu-
als by manipulating a much
broader array of vulnerabilities.
One way a trafficker or pimp
might lure victims is by befriend-
ing them or becoming romanti-
cally involved with them— likely
targeting those that have faced
abuse or hardship in the past.
They may begin by being very
affectionate and offering gifts, a
place to live, compliments, and
promises of a future together, all
so that their victims believe that
the pimp is someone who cares
for them. After gaining their vic-
tims’ trust, the pimp will begin
to isolate them from the people
they know, use violence and
rape, withhold money or identifi-
cationfication, or use debt-bond-
age to gain control. They may
force individuals to live within
a residential brothel– an apart-
Sex Trafficking | 10
Sauna Spa Massage Jacuzzi by Thomas Hawk / © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial
license.
a residential brothel– an apart-
ment building, condo, home, or
trailer where commercial sex
occurs – and they may never
be allowed to leave the brothel.
Some pimps may make arrange-
ments with customers and bring
each victim to a hotel or motel to
provide commercial sex as well.
Another method that traffick-
ers use to bring individuals into
the commercial sex industry is
falsely advertising a job– such
as an escort service, nightclub,
strip club, or fake massage par-
lor – and promising the victim
employment and high pay. Traf-
fickers will lie about what the job
entails and only after the victims
agree to work for the trafficker
will they learn that they have
been tricked into the commer-
cial sex industry, at which point it
is too late to change their minds
and leave. At this point, the
pimp may begin to use force, vi-
olence, and threats so the victim
does not try to escape, call the
police, or inform anyone of their
whereabouts. Trafficked per-
sons are often times forced to
live within these fake business
buildings 24/7, making it diffi-
cult for them to contact help and
break free from their trafficker.
In all of these situations, vic-
tims are met with violence and
rape, and they certainly do not
receive any pay for the acts they
are coerced to do. Victims of
sex trafficking are often forced
to meet a trafficker’s quotas,
which can be between $500 and
$1000 a night and must contin-
ue to sell commercial sex until
they meet these demands.13
A
trafficker may beat their victims
for not earning enough mon-
ey, and if injured, they have no
way of receiving medical care.
Combating Sex Trafficking
Amnesty International has re-
cently voted to adopt a policy to
protect the rights of sex workers
by decriminalizing sex work. In
theory, this policy works to shift
the public’s mindset away from
victim-blaming and criminaliza-
tion of those who are sexually
exploited. In practice, though, it
completely ignores the strong,
inseparable link between con-
sensual sex work and sex traf-
ficking and thus fails to hinder
sexual exploitation. Amnesty
International makes the point
that there is a clear difference
between decriminalization and
legalization – decriminalization
means that those partaking
in sex work would not be out-
side of the law, but there would
be no new laws and policies
to regulate the sex industry.14
Therefore, by only decriminaliz-
ing sex work, this policy would
take no initiative to ensure that
the sex work is consensual in
practice and that sex workers
are working free of violence.
This policy assumes that fear
of contacting law enforcement is
what is stopping trafficked per-
sons from leaving their pimps.
But as discussed previously,
traffickers use violent and ex-
treme tactics to keep their vic-
tims from escaping. Decrimi-
nalizing prostitution would not
change their treatment of those
they traffic, but instead make
it easier for traffickers to not
get caught. Thus, decriminal-
ization would only help protect
pimps and johns by allowing
Sex Trafficking | 11
NCIS agent prepares sting operation by US Navy/ No rights reserved.
them to exploit individuals with
even more ease than before.
Sex trafficking is a form of
Sex-trafficking is a form of mod-
ern day slavery that exists be-
cause of the high demand for
commercial sex, the high prof-
its, and the low risk of traffick-
ers being caught. By decrimi-
nalizing sex work, the demand
would increase, profits would
increase, and the risk of being
caught would be lower than
ever. What is necessary is a
system where traffickers are
held accountable and convict-
ed, and victims are given ac-
cess to the resources they need
to recover without being crimi-
nalized. The first step towards
actively combatting sex traffick-
ing is raising awareness every-
where. A general lack of aware-
ness about who the victims of
sex trafficking are, where sex
trafficking occurs, and what
sex trafficking looks like, has
allowed it to persist everywhere
in the US. Sex trafficking oc-
curs in all 50 states in the US
and in every type of community
– making it crucial to teach ev-
eryone to recognize the signs
of sexual exploitation. Some of
the major indicators that one is
trapped within the commercial
sex industry are: 1) working
long and unusual hours, 2) hav-
ing little control over their own
money and possessions, 3)
being unable to explain where
they live or what city they are
in, 4) often appearing anxious,
fearful, or tense, and 5) appear-
ing malnourished and showing
signs of abuse and violence.15
Anyone can become a vic-
tim of sex trafficking, and it can
occur in any type of community
regardless of the misconcep-
tions society holds. By teach-
ing law enforcement, and even
average citizens, how to recog-
nize sex trafficking and how to
report it when they see it in their
communities, traffickers can be
taken off the streets. Ensuring
that there are measures taken
to stop businesses – such as
hotels, advertising business-
es, and travel services – from
knowingly or unknowingly facil-
itating sex trafficking is another
step that would make it even
more difficult for traffickers ma-
nipulate individuals for profit.
The sex trafficking industry
would not exist if there were no
buyers and no demand for com-
mercial sex. Increasing aware-
ness about what happens to
those in the commercial sex
industry and educating Ameri-
cans that, 1) these individuals
did not choose to do this, 2) they
are unable to leave, and 3) they
do not personally profit from
selling their bodies’, is neces-
sary to prevent Americans from
fueling the commercial sex in-
dustry. Awareness would also
help relieve some of the stigma
and victim-blaming surrounding
those that are prostituted and
make it easier for them to seek
the help that they may need to
leave a trafficker or build their
life after they have escaped
the commercial sex industry.
Sex Trafficking | 12
My Brother, Your Brother Jacuzzi by John W. Iwanski/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCom-
mercial license.
Sex Trafficking | 13
To Help:
Donate to the Polaris Project, a group that “sys-
temically disrupts the human trafficking networks
that rob human beings of their lives and their free-
dom.” To learn more, check out their website at
https://polarisproject.org/.
Notes:
1. Frundt, Tina. “Enslaved in America: Sex Trafficking in the
United States - Women’s Funding Network.” Women’s Funding
Network. November 28, 2005. Accessed July 14, 2015.
2. “Sex Trafficking.” National Human Trafficking Resource Cen-
ter. March 31, 2015. Accessed July 14, 2015.
3. “Factsheet on Human Trafficking.” United Nations Office on
Drugs and Crime. Accessed July 20, 2015.
4. “The Universal Declaration of Human Rights, UDHR, Declara-
tion of Human Rights, Human Rights Declaration, Human Rights
Charter, The Un and Human Rights.” UN News Center. Accessed
July 14, 2015.
5. ibid, 3.
6. “Trafficking Victims Protection Act of 2000.” Polarisproject.org.
Accessed July 15, 2015.
7. “Myths & Misconceptions.” National Human Trafficking Re-
source Center. September 22, 2014. Accessed July 15, 2015.
8 National Human Trafficking Resources Center. “National
Human Trafficking Resource Center (NHTRC) Annual Report.”
National Human Trafficking Resources Center. https://traffick-
ingresourcecenter.org/sites/default/files/2014%20NHTRC%20
Annual%20Report_Final.pdf.
9. “Child Sex Trafficking in America: A Guide for Child Welfare.”
National Center for Missing and Exploited Children. February 1,
2015. Accessed July 15, 2015.
10. “The Victims.” National Human Trafficking Resource Center.
September 25, 2014. Accessed July 15, 2015.
11. ibid.
12. “National Human Trafficking Resource Center (NHTRC) An-
nual Report.” National Human Trafficking Resources Center.
13. “Sex Trafficking in the U.S. : Combating Human Trafficking
and Modern-day Slavery.” Polaris Project. Accessed August 22,
2015.
14. “Q&A on the Policy to Protect Human Rights of Sex Work-
ers.” Amnesty International USA. August 11, 2015. Accessed
August 22, 2015.
15. “Recognizing the Signs.” National Human Trafficking Re-
source Center. September 22, 2014. Accessed August 22, 2015.
The Plight of The Rohingya | 14
The Plight of
Burma’s Rohingya
People
Amy Qin
The hostilities started in 2012 after the pur-
ported rape of a Buddhist woman by sever-
al Muslim men spurred Buddhist activists to
bomb a bus carrying dozens of Rohingyas.1
Since then, groups of Buddhist nationalists
have burned countless Rohingya homes,
killed over 280 people, and conspired with
government officials who arbitrarily arrested
and beat hundreds of Rohingya.2
Human
Rights Watch has reported crimes against
humanity in the dire situation. Rohingya who
have not already fled their homes are vio-
lently expelled and forced to flee to squal-
id refugee camps in neighboring areas.
Conditions in these refugee camps, which
currently house over 120,000 internally dis-
placed peoples (IDPs), are creating a se-
vere humanitarian crisis as “thousands of
children are at risk of dying from acute mal-
nutrition while tens of thousands are with-
Tensions in Burma’s Rakhine state between
the Buddhist majority and the Rohingya, an
ethnic Muslim minority that constitutes about
one third of the state’s population, have ex-
isted for decades. But a new wave of vio-
lent outbreaks has worsened the instability.
A lifeline for undocumented Rohingya refugees in Bangladesh by EU/ECHO/Pierre Prakash/ © Some rights reserved. Licensed under a
Creative Commons Attribution-NonCommercial-NoDerivatives license.
out water, shelter, or sanitation.”4
The situation is bleaker than
ever as many aid organizations
including Doctors Without Bor-
ders (MSF), have been evicted
by authorities.5
These actions
contribute to the already critical
lack of basic necessities and
the quickly escalating death toll.
The camps are guarded around
their peripheries by security
guards, barring not only aid or-
ganizations from entering but
also refugees from leaving. One
such refugee recounted that he
was heavily fined and beaten
for leaving the camp to fish in a
nearby river.6
Strict segregation
along ethnic lines and the daily
human rights violations have led
some to argue that these camps
should truly be considered
concentration camps. The hu-
man rights group Fortify Rights
has declared, “The Rohingya
are facing something great-
er than persecution – they’re
facing existential threats.”7
Since the beginning of this
year, over 30,000 Rohingya
have fled their homes by way
of the Bay of Bengal, boarding
boats operated by traffickers.8
Refugees are locked in the un-
derbellies of these vessels for
months at a time and fed through
peepholes.9
Some abandon the
refugee camps of their own vo-
lition while others are forced out
by armed Rakhine Buddhists in
their campaign to rid their state
of all Rohingya. If they make it to
Thai or Malaysian shores, most
Rohingya exiles fall into the
hands of more smugglers who
further abuse and extort them
for money.10
Local government
officials either choose to turn a
blind eye or are complicit in prof-
iting from the refugee crisis.11
Sometimes, the boats transport-
ing refugees are refused dock
on foreign shores and are left
out at sea for months on end.12
Despite the urgency of the
situation, it is important to un-
derstand that the humanitar-
ian crisis is only a symptom of
a much more complex prob-
lem with political and historical
roots. Tensions have existed
ever since Burma’s annexation
as a province of British India.
Considering the conflict in light
of its historical background can
illuminate how the Rakhine Bud-
dhist majority and the Burmese
government justify their current
persecution of the Rohingya.
Although the international
community tends to cast off the
Rakhine Buddhists as violent ex-
tremists who persecute religious
minorities, they too have been
subjected to systematic discrim-
ination. Physically isolated from
the mainland by a formidable
mountain range, they have been
largely disintegrated from Bur-
mese society and discounted as
an ethnic minority. As a result,
the mass migration of Rohing-
yas into the Rakhine state has
made the Rakhine feel increas-
ingly vulnerable, fearful of be-
cominga minority in their own
state. Thus, much of their ani-
mosity stems not from religious
causes but demographic ones.13
During World War II, a prom-
inent leader of the Burmese in-
dependence movement named
General Aung San saw an op-
portunity for Burma in fighting
alongside its Japanese invad-
ers.14
The Japanese promised
to grant Burma independence
once the British were driven
out.15
Despite a united nation-
al front, the Rakhine state was
divided: most Muslims were
pro-British and most Bud-
The Plight of The Rohingya | 15
Fishing Boat on Bay of Bengal by Unknown/ © Some rights reserved. Licensed under a Creative Commons Attribution-ShareAlike license.
dhists were pro-Japanese.16
Both groups formed militias,
and countless massacres en-
sued, driving the Rohingya to
the northern part of the state
and beginning a long tradition
of animosity and segregation.17
Although Burma became a
parliamentary democracy in
1947 under the leadership of
Aung San, the authoritarian
General Ne Win came into pow-
er after a military coup in 1962.
He instigated hundreds of re-
pressive policies, including the
1982 Nationality Act that denied
the Rohingya citizenship by re-
fusing to include them as one
of the eight “national races.”18
This legislation left them per-
manently stateless, legally vul-
nerable, and dehumanized as
the vermin of society. Negative
public sentiment has also fu-
eled countless state-sanctioned
abuses, from restricting their
freedom of movement, a viola-
tion of Article 13 of the Universal
Declaration of Human Rights,
to mass arrests.19
Forced labor
is now common, and officials
often threaten both adults and
children with physical abuse
or death unless they work on
labor-intensive infrastructure
projects in non-Muslim com-
munities.20
Oftentimes, workers
go weeks without pay or food.21
Moreover, the state seizes the
majority of the resources used
for construction and for feed-
ing soldiers from Rohingya
property.22
These facts convey
only a few of the ways in which
the Rohingya face discrimi-
nation in their homeland, and
are only a few of the reasons
so many have no choice but
to flee on the refugee boats.
The Burmese government
could not make it more appar-
ent that they despise the Ro-
hingya, and the military backed
parliament has made no effort
to curb discriminatory policies.
One such policy, the Population
Healthcare Control Law, impos-
es rigid restrictions to “address
rapid population growth” of the
Muslim community.23
Women
are allowed only two children,
who are to be born no less than
36 months apart. If a woman be-
comes pregnant before getting
official approval, she is heavily
fined or arrested.24
Most wom-
en in that situation cannot afford
the fines and have no access to
abortion services (Burmese law
penalizes all instances of abor-
tion except life-saving ones),
and they must resort to unsafe,
illegal, or self-induced abortions
to avoid punishment.25
Aware-
ness about modern methods of
contraception is also severely
limited in Rohingya communi-
ties– a UN survey reported that
only 32 percent of women use
any form of modern contracep-
tion.26
Moreover, their access
to contraceptives, which are
mainly available in govern-
ment hospitals, is limited be-
cause they lack citizenship.27
Despite criticism from various
human rights groups, the Bur-
mese government continues
to insist it is passing reforms
that will expand the rights of
groups like the Rohingya.28
At
first glance, it appears that they
are delivering on their word. The
parliament recently commenced
an initiative to offer a path to
citizenship by providing green
cards to replace the white cards
that most Rohingya have, which
label them non-citizens.29
How-
The Plight of The Rohingya | 16
Myanmar: Urgent humanitarian needs in Rakhine State by Mathias Eick EU/ECHO/ © Some rights reserved. Licensed under a Creative
Commons Attribution-NonCommercial-NoDerivatives license.
ever, the green cards still do not
identify them as “Rohingya” but
refer to them as “Bengalis” (peo-
ple from neighboring Bangla-
desh), stripping away one of the
last vestiges of their dignity and
identity.30
In addition, a green
card only grants a lower level
of semi-citizenship to its hold-
er.31
Thus, the Rohingya remain
segregated and persecuted.
So what is to be done about this
human rights disaster? An obvi-
ous answer is to push the Bur-
mese government to grant citi-
zenship to the Rohingya so they
at least have legal and political
agency. But this measure is un-
likely given the current regime’s
track record and the fact that
the Rohingya have never been
included in a national census.
Although citizenship is a neces-
sary step to securing Rohingya
rights, it is still insufficient. The
Kamen, another ethnic minori-
ty in Burma, are full citizens
and a recognized indigenous
group, but they still face perse-
cution and are forced to reside
in government-designated dis-
placement camps.32
Their pre-
dicament is therefore not unlike
the situation the Rohingya face.
Hopes were high for change
in 2010 when President Thein
Sein (who deems himself a civil-
ian, rather than military, leader)
was voted in, but the military jun-
ta’s iron grip on parliament has
greatly reduced the likelihood of
achieving any kind of improve-
ment through policy. A consti-
tutional amendment requires a
75 percent parliament majori-
ty vote to pass, and given that
Article 436 guarantees the mili-
tary at least 25 percent of those
seats, it is impossible to pass
anything without at least one
vote from a military appointee.33
Congressman Joseph Crowly
remarks, “Burma’s military has
in effect created an entirely sep-
arate ballot box in which they
reserve every single vote for a
constitutional veto-wielding bloc
in parliament, allowing them
to maintain a grip on power.”34
If political forces within Burma’s
government are defective, polit-
ical forces from outside may not
be. The Burmese government
craves the approval of the inter-
national community, especially
Western nations. Its 2008 con-
stitutional referendum showed
just how desperate the regime
was to prove it was a popular
democratic government when
it reported 98.12% turnout and
92.48% “yes” votes.35
Those
percentages would be incon-
ceivably high, even for the U.S.,
and were obviously fabricated.
However, the international com-
munity raised no serious con-
cerns and was quick to applaud
Burma’s “democratic” efforts
in its 2010 civilian elections by
lifting decades-long sanctions.36
A long-term solution to end
the oppression of the Rohing-
ya demands more international
pressure on Burma. As of now,
many of the nation’s internation-
al relationships are structured
so that, “the Burmese govern-
ment wins increased favors
from other countries, no matter
if they address Rohingya issues
or not.”37
With a government that
is both repressive and politically
dysfunctional, a large burden
rests on the international com-
munity to be more involved. For-
eign investment to developing
nations often accompanies an
expansion of programs dedicat-
The Plight of The Rohingya | 17
Bogyoke Aung San inspecting the army parade by Burma Democratic Concern/ © Some rights reserved. Licensed under a Creative Com-
mons Attribution license.
ed to investing in human capital,
especially for poor governments
like Burma’s. For example, the
U.S. cited the 2010 election of
Thein Sein and a new parlia-
ment as the major reasons it
lifted sanctions on investment
into Burma If countries choose
to link investing and aid policies
to Burmese policies that respect
Rohingya rights, it would send
a clear signal that respect for
Rohingya rights is necessary
for the Burmese government
to attain legitimacy in the eyes
of the international community.
The international community
cannot expect the Burmese gov-
ernment to respond swiftly (or at
all) to the Rohyingya humanitar-
ian situation without their inter-
vention. It is therefore impera-
tive that other countries take a
more aggressive stance to help
the Rohingya refugees. They
should also organize a regional
refugee search and rescue sys-
tem. ASEAN, the regional orga-
nization of countries in South-
east Asia, has so far made little
to no effort on this front.38
Only
three countries in ASEAN are
currently parties to the Protocol
Relating to the Status of Ref-
ugees, which regulates coun-
tries’ treatment of refugees un-
der international law.39
For the
remaining countries, ASEAN
has no binding legal structure
for their treatment of refugees,
other than a vague clause to
promote their “full potential and
dignity” under domestic laws.40
This has permitted neighboring
countries to avoid taking respon-
sibility for refugees. Internation-
al organizations and Western
nations therefore must pressure
ASEAN to work with countries
like Thailand to find refugees,
provide them with necessary
resources, and return them
to a safe area to call home.
It’s very clear at this point that
there is no quick fix to the Ro-
hingya refugee crisis, much less
the systematic oppression that
they face. But one thing is for
sure: in order for any meaningful
change to occur, a national dia-
logue that promotes greater ac-
ceptance of religious minorities
needs to start. While external
actors can alleviate the crisis,
a permanent solution can only
come to fruition once attitudes
toward the Rohingya in Burma
change, thereby making the re-
peal of their discriminatory poli-
cies possible. The whole world is
eagerly awaiting the democratic
transition of Burma, but as one
Rohingya leader stresses, “the
changes with a transition will
not be sustainable if they do not
include the Rohingya people.”41
To Help:
Talk to Washington!
The House of Representatives
passed H.Res 418, a biparti-
san resolution that urges the
Government of Burma to end
the persecution of the Rohingya
people and respect internation-
ally recognized human rights for
all ethnic and religious minori-
ties in Burma. Urge your sena-
tors to cosponsor the resolution
to help pass it in the Senate!
The Plight of The Rohingya | 18
Nargis87_g by TZA/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
The Plight of The Rohingya | 19
Notes:
1. United States Holocaust Memorial Museum. “Burma Report.”
United States Holocaust Memorial Museum. http://www.ushmm.
org/m/pdfs/20150505-Burma-Report.pdf.
2. ibid.
3. Bangkok, Human Rights Watch. “Southeast Asia: Accounts
from Rohingya Boat People.” Human Rigths Watch. http://www.
hrw.org/news/2015/05/27/southeast-asia-accounts-rohing-
ya-boat-people.
4. Human Rights Watch. “All You Can Do Is Pray.” Human
Rights Watch. https://www.hrw.org/sites/default/files/reports/bur-
ma0413_brochure_web_0.pdf.
5. United States Holocaust Memorial Museum. “Burma Report.”
United States Holocaust Memorial Museum. http://www.ushmm.
org/m/pdfs/20150505-Burma-Report.pdf.
6. Win, Swe. “The Disunion of Myanmar.” The New York Times.
http://latitude.blogs.nytimes.com/2012/08/16/the-disunion-of-
myanmar/.
7. Motlagh, Jason. “These Aren’t Refuge Camps, They’re Con-
centration Camps, and People Are Dying in Them.” Time. http://
time.com/2888864/rohingya-myanmar-burma-camps-sittwe/.
8. Bangkok, Human Rights Watch. “Southeast Asia: Accounts
from Rohingya Boat People.” Human Rigths Watch. http://www.
hrw.org/news/2015/05/27/southeast-asia-accounts-rohing-
ya-boat-people.
9. ibid.
10. ibid.
11. ibid.
12. Amnesty International. “South East Asia: ‘Boat people’
crisis summit an opportunity that must not be missed.” Amnesty
International. http://www.amnestyusa.org/news/press-releases/
south-east-asia-%E2%80%98boat-people-crisis-summit-an-op-
portunity-that-must-not-be-missed.
13. International Crisis Group. “Myanmar: The Politics of Rakhine
State.” International Crisis Group. http://www.crisisgroup.org/~/
media/Files/asia/south-east-asia/burma-myanmar/261-myan-
mar-the-politics-of-rakhine-state.pdf.
14. Oxford Burma Alliance. “Refugees, IDPs & Ongoing Armed
Conflict in Burma.” Oxford Burma Alliance. http://www.oxfordbur-
maalliance.org/refugees--conflict.html.
15. ibid.
16. ibid.
17. International Crisis Group. “Myanmar: The Politics of Rakhine
State.” International Crisis Group. http://www.crisisgroup.org/~/
media/Files/asia/south-east-asia/burma-myanmar/261-myan-
mar-the-politics-of-rakhine-state.pdf.
18. Albert, Eleanor. “The Rohingya Migrant Crisis.” Council on
Foreign Relations. http://www.cfr.org/burmamyanmar/rohing-
ya-migrant-crisis/p36651.
19. New York, Human Rights Watch. “Burma: Government Plan
Would Segregate Rohingya.” Human Rights Watch. http://www.
hrw.org/news/2014/10/03/burma-government-plan-would-segre-
gate-rohingya.
20. Belford, Aubrey. Zeya Tun, Soe. “Forced Labor Shows
Back-Breaking Lack of Reform in Myanmar Military.” Reuters.
http://www.reuters.com/article/2015/07/02/us-myanmar-rohing-
Washington Capitol Hill by Arend/ © Some rights reserved. Licensed under a Creative Commons Attribution license.
The Plight of The Rohingya |20
ya-forcedlabour-idUSKCN0PC2L720150702.
21. ibid.
22. ibid.
23. Inquiry Commission of the Republic of the Union of Myan-
mar. “Final Report of Inquiry Commission on Sectarian Violence
in Rakhine State.” Burma Library. http://www.burmalibrary.org/
docs15/Rakhine_Commission_Report-en-red.pdf.
24. ibid,
25. New York, Human Rights Watch. “Burma: Reject Discrimina-
tory Population Bill.” Human Rights Watch. https://www.hrw.org/
news/2015/05/16/burma-reject-discriminatory-population-bill.
26. Kashyap, Aruna. “Burma’s Bluff on the Two-Child Policy
for Rohingyas.” Human Rights Watch. https://www.hrw.org/
news/2013/06/21/burmas-bluff-two-child-policy-rohingyas.
27. ibid.
28. Tensley, Brandon. “Myanmar, Interupted.” Foreign Policy.
http://foreignpolicy.com/2015/07/16/myanmar-interrupted/.
29. Albert, Eleanor. “The Rohingya Migrant Crisis.” Council on
Foreign Relations. http://www.cfr.org/burmamyanmar/rohing-
ya-migrant-crisis/p36651.
30. Phyo Tha, Kyaw. “Use Controversial Citizenship Law to
Assess Rohingyas’ Rights: Govt Report.” The Irrawaddy.
http://www.irrawaddy.org/conflict/use-controversial-citizen-
ship-law-to-asses-rohingyas-rights-govt-report.html.
31. ibid.
32. International Crisis Group. “Myanmar: The Politics of Rakhine
State.” International Crisis Group. http://www.crisisgroup.org/~/
media/Files/asia/south-east-asia/burma-myanmar/261-myan-
mar-the-politics-of-rakhine-state.pdf.
33. Mar, Zin. Et al.”Myanmar General Elections to be Held
November 8.” Radio Free Asia. http://www.rfa.org/english/news/
myanmar/election-07082015163804.html.
34. Aung Khine, Tin. Mar, Zin. “Fighting Continues Between
Government Troops and Karen Rebels in Myanmar.” Radio Free
Asia. http://www.rfa.org/english/news/myanmar/fighting-con-
tinues-between-government-tropps-and-dkba-rebels-in-myan-
mar-07102015163610.html.
35. Bayan. “What is Wrong With Myanmar’s Constitution?” The
Economist. http://www.economist.com/blogs/economist-ex-
plains/2014/03/economist-explains-3.
36. Kurlantzick, Joshua. “The Long Read: How to Permanently
Solve the Rohingya Migrant Crisis.” The National. http://www.
thenational.ae/arts-lifestyle/the-review/the-long-read-how-to-per-
manently-solve-the-rohingya-migrant-crisis#full.
37. ibid.
38. Webb, Joshua. “Solving the Rohingya Crisis.” The Diplomat.
http://thediplomat.com/2015/05/solving-the-rohingya-crisis/.
39. ibid.
40. ibid.
41. Win, Swe. “The Disunion of Myanmar.” The New York Times.
http://latitude.blogs.nytimes.com/2012/08/16/the-disunion-of-
myanmar/.
Police roundup, Yangon, Myanmar by Timothy Neesam/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommer-
cial-NoDerivatives license.
Dirty Water | 21
Dirty Water
And Its
Consequences
By Emma Preston
The foundation of humanity dwells deep be-
neath the topsoil. If you dig down carefully, me-
thodically, tirelessly, you can find it. The pro-
cess will likely require equipment and tools if its
product is to be of any use, but with enough grit
and a pinch of luck, perhaps your efforts will be
rewarded. There are lakes beneath our feet,
and from them we draw life. In first world coun-
tries, citizens seldom witness this miracle. We
turn on the tap, and from it water spills. It fills
our empty cups, cleanses us underneath fau-
cets, keeps our gardens healthy, and provides
us with indoor plumbing. When we sit down
Sahel Food Crisis 2012: Drawing water from a well in the community of Natriguel, Mauritania by Oxfam International/ © Some rights
reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives license.
to eat, we can look at the food
on our plates and understand
that it was the culmination of
irrigation and industrial agricul-
ture. Water is a source of power
and thermoelectricity. We have
so much of it that we even use
it recreationally; on a hot Au-
gust afternoon, we might take
a dip in a local swimming pool.
When water is richly avail-
able to us, we tend to take
it, and the things that come
with it, for granted. Across the
world, however, people don’t
have that luxury, and its ab-
sence results in far more than
a boring summer afternoon
or clean hands before dinner.
When a household has no
clean running water, women
and children (typically girls)
are sent to collect it. This is no
small task; in fact, it is so daunt-
ing that days are built around
it— and at no meager cost. Ul-
timately, the absence of clean
water in impoverished commu-
nities completely dictates the
lives of women in ways that
compromise their most basic
rights.1
Consider the average
young woman in Sub-Saha-
ran Africa. As her younger sib-
lings leave for school to pursue
their educations, she kneels to
pick up her family’s empty Jerry
Can. Though several years ago
she was among the ranks of
school-goers, as adolescence
overtook her, the school’s ab-
sence of a hygienic restroom be-
came more problematic. There
is no running water, no adequate
toilet facility, so when she began
menstruating, attending school
became a monthly source of
embarrassment- particularly in
her country, where such bodi-
ly affairs remain incredibly and
painfully privatized.2
Now, she
stays home to save her family
the cost of supplying her with
expensive sanitary pads and
sanitary wear. Her circumstance
and socially condemned wom-
anhood have collaborated to
prevent her from ever earning
the education she deserves.
Jug in hand, our young wom-
an steps onto the dusty earth
outside her family’s home and
begins her journey to the near-
Dirty Water | 22
Pool Fizzy Water by Markus Spiske / © Some rights reserved. Licensed under a Creative Commons Attribution license.
est water source. She walks
out of her sleepy village, taking
each mile as it comes. As she
walks, she is hyper-aware of
her surroundings. Each sound
breaking the hum of the wind
in the foliage could prove to be
dangerous. She’d heard the sto-
ries, quietly passed down from
mother to daughter, generation
after generation. She knows to
beware of the sound of pred-
ators stalking her, lest she be
attacked or killed by a lion. She
knows also to be aware of the
sound of footsteps behind her,
lest she become a victim of
rape, like many women before
her. By the time she reaches
her destination, she has walked
over three miles.3
She surveys
the swamp in front of her, sus-
piciously eyeing the water for
hippos or crocodiles. Finding
none, she wades in carefully
until the water reaches her hips.
She dunks her Jerry Can under-
neath the surface, and listens
patiently as it empty its air with
periodic glugs. Filling the empti-
ness is water, of course, but oth-
er things, too. The swamp area
is home to organisms of many
sizes, and all of them have left
their mark on the water drain-
ing into our protagonist’s yellow
container; feces, malignant bac-
teria, and parasites all crowd in,
ready to occupy a new host.4
A final, exiting bubble pops
softly on the water’s surface,
and with its arrival she returns to
land and hoists her container on
top of her head. Its forty pounds
of contents slosh rhythmically
as she walks.5
She arrives home
with her water nearly two hours
following her morning depar-
ture, and as soon as she steps
inside, she hears her young-
est brother, just six months
old, wailing from dehydration.
Intuitively, she pours a cupful
of the retrieved water to reme-
dy her brother’s tears, and her
mother gratefully, exhaustedly
uses it to quell his discomfort.
Her brother first became sick
several weeks ago, after swal-
lowing a harmful strain of bac-
teria in his drinking cup. His
mother first noticed when she
planted a loving kiss on his fore-
head, only to be met with skin
too hot to signify health. Over
the following weeks, her son
had increasing fevers and diar-
rhea.6
The family is now doing
the best they can to provide him
with enough water to fight the
illness threatening his life, but
what they don’t realize is that
they’re doing him more harm
than good. His mother holds
the cup to her infant’s lips as he
downs more bacteria and par-
asites, which will only worsen
his condition and lead to more
diarrhea, which in turn leads to
more dehydration.7
Despite his
family’s best efforts, the follow-
ing afternoon he will become
one of the 2,300 people who die
that day alone from a water-re-
lated illness.8
These deaths add
up, so much so that, according
to Charity: Water, “diseases
from unsafe water and lack of
basic sanitation kill more peo-
ple every year than all forms of
violence, including war.”9
Chil-
dren are even more susceptible
to these diseases, so much so
that every 19 seconds, a par-
ent loses their child to an illness
contracted from dirty water.10
This family’s story is a fictional
approximation, and yet it is the
storyoffamiliesallovertheworld,
whose unfortunate, chance cir-
cumstance forces them to con-
front tragedy at every turn. We
must now consider these fami-
lies as a whole, as a disenfran-
chised body of humans, and
Dirty Water | 23
I walk this lonely road by Jake Stimpson/ © Some rights reserved. Licensed under a Creative Commons Attribution license.
Dirty Water | 24
understand that their reality is
not only somber and challeng-
ing but also severely unjust.
This is especially so for wom-
en in third world communities.
Women and children spend so
much time gathering water that
they have no time to engage
in academic or literary endeav-
ors.11
As we saw in the above
narrative, even the young girls
who do attend school face so-
cietal pressure to leave as they
reach adolescence. The ab-
sence of water draws them from
school, where there is no water,
to travel over beaten trail through
rough terrain in order to gather
it. They do not learn to read. In-
stead, they are raised to follow,
quite literally, in their mother’s
footsteps and face danger at ev-
ery turn. Their isolation on their
quest for water exposes them
to violent crimes and attacks. It
is not uncommon for a woman
to be raped, impregnated, and
sent into motherhood involun-
tarily at the mere age of 14.12
As a result of these and other
factors, the gender gap is ever
prevalent in many developing
countries. Not only are women
less likely to establish a career
due to their lack of education,
but they have no time to sustain
one; they are too busy providing
water for their families. Accord-
ing to an estimate made by the
United Nations, the hours spent
collecting water in Sub-Saharan
Africa alone are the same as the
amount of labor that the entire
workforce of France conducts
during one year.13
A woman in
this environment is not financial-
ly independent, nor is she ca-
pable of becoming so. Unless,
of course, she has our help.
To be sure, the absence of ac-
cessible water nearby is not the
only contributor to this inequali-
ty, but it certainly is a large ob-
stacle. Water is essential to life.
It is, perhaps, our most basic
need. The abilities to earn an
education, seek employment,
live healthily and enjoy leisure
time are basic human rights,
named in the Universal Declara-
tion14
, and contaminated water
obstructs each of them. To ne-
glect our fellow humans when
they are experiencing so many
ills at the hand of dirty water is
unjust and inexcusable, particu-
larly when solutions are simple,
effective, and numerous. By
contributing to nonprofit organi-
zations, reducing our own water
usage, and learning more about
the water crisis, each of us can
make a difference- one that we
have a responsibility to make.
To Help
Donate to Charity: Water, an
organization that has helped
over 5.6 million individuals ac-
cess clean water! Every 30$
you donate helps 1 more per-
son access the clean water she
needs to drink, bathe, and live.
Dirty Water | 25
Notes:
1. Deen, Thalif. “Women Spend 40 Billion Hours Collecting
Water.” Ipsnews. http://www.ipsnews.net/2012/08/women-
spend-40-billion-hours-collecting-water/.
2. Biriwasha, Masimba. “In Africa, Menstruation can be
a Curse.” RhRealityCheck. http://rhrealitycheck.org/arti-
cle/2008/03/25/in-africa-menstruation-can-be-a-curse/.
Water for the Ages. “10 Facts on Women and Water.” Wa-
terfortheAges.org. http://waterfortheages.org/2009/12/02/10-
facts-on-women-and-water/.
3. Charity: Water. “Why Water?” CharityWater.org. http://www.
charitywater.org/whywater/.
4. The Water Project. “Poverty in Africa Begins with a Lack of
Clean Water.” TheWaterProject.org. http://thewaterproject.org/
poverty.
5. Charity: Water. “Why Water?” CharityWater.org. http://www.
charitywater.org/whywater/.
6. Prüss-Ustün, Annette, et al. “Burden of disease from inade-
quate water, sanitation and hygiene in low- and middle-income
settings: a retrospective analysis of data from 145
7.Water.org. “Global water crisis: water and sanitation facts.”
Water.org. http://water.org/water-crisis/water-facts/water/.
8.Charity: Water. “Why Water?” CharityWater.org. http://www.
charitywater.org/whywater/.
9. ibid.
10. The Water Project. “Poverty in Africa Begins with a Lack
of Clean Water.” TheWaterProject.org. http://thewaterproject.
org/poverty.
11. Riewer, Tyler. “It Happened on the Walk for Water.” Me-
dium.com. https://medium.com/charity-water/it-happened-on-
the-walk-for-water-245bfda50717
12. The Water Project. “Poverty in Africa Begins with a Lack
of Clean Water.” TheWaterProject.org. http://thewaterproject.
org/poverty.
13. UN General Assembly, Universal Declaration of Human
Rights, 10 December 1948, 217 A (III), available at: http://
www.refworld.org/docid/3ae6b3712c.html.

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Amnesty Human Rights Journal

  • 1. The University of Chicago Journal of Human Rights Published by: The University of Chicago Amnesty International Chapter
  • 2. Dear Reader, Thank you for picking up a copy of The University of Chicago Journal of Human Rights, The University of Chicago Amnesty International Chapter’s first annual human rights journal. In this edition, you will find the stories of people around the world whose basic rights are denied. Whether you read about victims of torture or Rohingyan refugees in Burma, we hope you will not only gain a deeper appreciation of your own security and wellbeing, but also a stronger sense of urgency to end the suffering of your fellow human beings. Headlines announce the misery and death of other humans so often that we often be- come desensitized to these tragedies. Just the other day, I caught myself absentmindedly scrolling past the headline, “Dozens drown off Greek islands in deadliest January for refugees,” without thinking twice. We challenge you to look at human rights abuses with fresh eyes, open to the sadness, anger, or frustration that they may cause, and to use your emotions as motivation to help end the cycle of human violence. If everyone put in the effort to empathize with one an- other, as we now ask you to, we firmly believe that the headlines would not read as they now do. — Julian Duggan, Editor-In-Chief Staff: Editor-In-Chief: Julian Duggan Editors: Maia O’Meara Jacqueline Ortiz Emma Preston Layout Editor: Elisabeth Huh Outreach: Julian Duggan
  • 3. 2 Torture: A Necessary Evil? Elisabeth Huh 8 Clearing up Misconceptions: The Realities of Sex-Trafficking In The U.S. Gigi Ortiz 14 The Plight of Burma’s Rohingya People Amy Qin 21 Dirty Water And Its Consequences Emma Preston Contents Contents | 1
  • 4. Torture: A Necessary Evil? By Elisabeth Huh By Elisabeth Huh Torture: A Necessary Evil? | 2 are subject to prosecution for torture. Internation- al legal norms consider the prohibition against torture a jus cogens—a fundamental law that establishes a universal jurisdiction over torture, entitling every state the authority to investigate, prosecute, punish or extradite anyone who per- petrates torture, no matter the circumstance.2 This fortification of laws suggests that tor- ture only continues rarely, in secrecy, hidden in shadows behind closed doors and extorting cries in cached underground chambers. Howev- er, Amnesty International has found torture in at least 141 countries over the last five years, and countries like the United States and France re- fuse to enforce international law by trying their own officials who have sanctioned torture.3 These stunning facts beg a series of ques- tions: How does torture persist if it receives universal condemnation? Is torture actual- ly a necessary evil? If so, should we amend the CAT to make exceptions for torture in ex- ceptional circumstances? How else can we bring about greater fidelity to international law? I will begin by presenting the argument for tor- ture as necessary evil. I will start by describing Can we really live in a world without torture? International law certainly aspires to abolish the age-old practice. Since 1984, 155 states have ratified the UN Convention Against Torture (CAT), which declares, “No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any oth- er public emergency, may be invoked as a jus- tification of torture.”1 Moreover, even individuals residing in states that have not ratified the CAT Guantanamo Bay by Walt Jabsco/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives license.
  • 5. Torture: A Necessary Evil? | 3 an idealized version of the ‘tick- ing time-bomb’ thought-exper- iment, which presents excep- tional conditions that appear to morally justify torture. Next, I will show how torture support- ers argue that certain real-life situations match the conditions in the theoretical scenario, thereby legitimizing tough but necessary decisions to torture. After presenting these argu- ments, however, I will reanalyze the ‘ticking time bomb’ scenario and refute its purported real-life parallels, arguing that the CAT’s prohibition on torture should remain absolute for four main reasons: 1) making excep- tions for torture in the CAT will grant states the leeway to jus- tify unnecessary and ineffective uses of torture, 2) experts have claimed that torture is not a reli- able means of extracting accu- rate information, 3) in reality, it is impossible to objectively vali- date whether torture will create more overall good than harm, and 4) the absolute prohibition on torture rests on principles that form the bedrock of the en- tire international human rights regime. I will conclude by argu- ing that action should be taken against the Bush administration officials who sanctioned tor- ture during the War on Terror. ‘Ticking Time Bomb’ Thought-Experiment I start by describing a situa- tion that utilitarian philosophers would argue makes torture a necessary evil. In this scenario, the C.I.A. has discovered that a ticking time bomb has been set to destroy a U.S. city in one hour. The C.I.A. has captured the terrorist who planted the bomb, and they know that he is the only one who knows the bomb’s location. If the terrorist reveals the location of the bomb, the C.I.A. will be able to disable it and save thousands of lives. The C.I.A. has a torture expert who can make any person spill any secret, and the terrorist has so far refused to respond to all other efforts to compel him to reveal the location of the bomb. Most utilitarian moralists would argue that if all other means have failed, we should resort to torture. If the C.I.A. chose not to torture the terror- ist out of respect for his human rights, thousands of innocent civilians would certainly die. If, on the other hand, the torture expert tortured the terrorist and consequently received the correct location of the bomb, it seems that the thousands of innocent lives the act of torture would save would ultimately justify the terrorist’s suffering. Under a calculus that aims to produce the greatest good for the greatest number, it appears wrong not to use torture to save thousands of innocent lives. It is difficult to imagine this exact scenario unfolding out- side of a movie theater. How- ever, many states, including the U.S., have argued that cer- tain wars against terrorists and guerilla fighters present similar conditions that necessitate the use of torture. For example, the retired U.S. General Joseph P. Hoar has argued that torture tactics allowed French forces to win the Battle of Algiers in the Algerian War of Independence between 1954 and 1962.4 5 During the war in Afghanistan in the early 2000s, Bush Adminis- tration officials argued that hide- and-seek guerilla tactics justi- Time Bomb by Dirk Knight/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
  • 6. Torture: A Necessary Evil? | 4 further defended the practice by arguing that people who kill innocent lives and disregard common rules of morality be- come “illegal combatants” who have forfeited rights protec- tions by the Geneva Conven- tions.6 These arguments lead to a grim conclusion: so long as certain evils exist we must use torture to defend ourselves. Through this perspective, the CAT is an impractical, aspira- tional declaration that states are often right to defy; to meet the exigencies of cruel, hard reality, it seems we ought to amend the CAT to sanction the use of torture against terrorists who possess critical informa- tion regarding other terrorists and terror-related activities. This conclusion utterly fails to perceive how such an amend- ment to the CAT would engen- der problems and dangers of much greater magnitudes. One false premise in the argument for legalizing torture is that a torturer can truly know who to torture in a trade-off for secu- rity. As the philosopher David Luban has argued, we often use torture precisely because we are unsure whether a per- son is actually a terrorist; and yet, torturers always start their act by presuming the guilt of their victims.7 This mentali- ty leads us not too far astray of the mad logic of the Salem Witch trials. Indeed, more often than governments choose to admit, they simply take a gam- ble in deciding who is and is not a threat—as over eighty falsely imprisoned and tortured detain- ees in Guantanamo can attest.8 Yet, even when a moral conse- quentialist rulebook points to clear culpability, states evade responsibility for their actions. When Torture Goes Wrong A case in point is Canadi- an citizen Mahrer Arar, whom U.S. courts continue to refuse to compensate for wrongful torture. In September 2002, U.S. government officials inter- rogated Arar at JFK airport on his way home to Canada, and, suspecting him of working for Al Qaeda, they detained him for two weeks, denied him access to legal counsel on the grounds that he was not a U.S. citizen, and finally issued him to Syria, where he was left to suffer at the hands of torturers for over 10 months.9 Though Arar has tried for years to receive com- pensation for the violation of his rights to due process and bodily protection, U.S. courts have refused to even take up his case, arguing that doing so would expose sensitive state secrets and endanger nation- al security.10 If the CAT were amended to make exceptions for torture, cases like Maher’s could only occur more fre- quently; furthermore, it would be even more difficult for vic- tims to prosecute perpetrators and receive retributive justice, because states would be able to defend their actions under the aegis of international law. A False Sense of Heroism The second reason we should not amend the CAT is that there is little reason to believe that states would not try exploit this legal provision to justify torturing their ene- mies. All torturers believe their Maher Arar Speaks by Matthew Burpee/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
  • 7. Torture: A Necessary Evil? | 5 would allow cruel and inhu- mane punishment to continue to hide under the banner of ‘the common good,’ fabricated and waved about by a psycholog- ical shield of ‘heroism,’ and all at the cost of innocent lives. Torture Is Not Effective Still another reason we should not amend the CAT is the wealth of evidence that shows torture is not effective and often causes more harm than good. After the White House Coun- sel Alberto Gonzales wrote a memorandum in 2002 justifying the use of torture against de- tainees in Afghanistan, various military officials, lawyers, and veteran F.B.I. and C.I.A. agents spoke out against the decision; they argued that though torture may help to achieve short-term goals, it endangers troops, lowers morale, and ultimate- ly undermines the war effort.11 Torture expert Darius Rejali has also provided substantial evidence that torture is an inef- fective means of acquiring infor- mation. In his paper, “Does Tor- ture Work?,” Rejali argues one cannot practice torture scientif- ically; pain tolerances change over time and vary from per- son to person, so any ‘expert’ claims to ‘professional’ knowl- edge of the amount of pain nec- essary to make a person crack should be disregarded as a charlatan mysticism (447-450). Rejali also cites evidence from the U.S. Army Study of Ameri- can POWs to show that torture may often “intensify, rather than weaken, the resistance of the prisoner,” thoroughly undermin- ing its purpose (452). Finally, even if victims were to cave and divulge information, Rejali ar- gues medical experts claim that intense suffering often results in lapses in memory and illusions of knowledge, compromising the efforts of torturers to gain useful intelligence (461). Final- ly, many military experts argue that the best source of informa- tion for combating terrorists is public cooperation (458). How- ever, torture tactics transform military and law enforcement officers into cruel and inhu- man monsters in the eyes of the public, giving citizens more reason to refuse to cooperate. As a final point, even if torture were an effective means of ac- quiring information, in most cas- es, it would still be difficult to de- termine whether this knowledge would outweigh its far-reaching negative consequences. Tor- ture afflicts not only the body of the target, but the entire so- cial fabric: it entraps innocent family members and friends of torture victims in a web of hor- ror and silence; it renders them “deaf and blind and mute,” par- alyzed by fear and uncertain- ty.12 The torturer himself also fails to escape unscathed: with every lash of his whip, he too loses more of his humanity. The act forces him to dehumanize his victim and harden his own heart and mind against mercy and moral reflection. Torture offers, at best, dubious securi- ty benefits, while inflicting un- questionable harm onto the victim, the victim’s social com- munity,andeventheperpetrator. Do We Want To Protect Human Rights? The final reason we should Witness Against Torture: Feet by Justin Norman/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommer- cial-NoDerivatives license.
  • 8. Torture: A Necessary Evil? | 6 categorically refuse to accept exceptions to torture is that such a decision would undermine the philosophical basis of the entire human rights regime. Today, the legitimacy of the human rights legal order often falls into question: arguments for moral relativism and disagreements about what actually constitutes a basic human right challenge its claim to universality.13 How- ever, many scholars have tried to resolve the debate by argu- ing that certain basic rights— like the right to physical securi- ty— are fundamental, universal, and philosophically justified.14 If we begin to make exceptions to this fundamental right—if we argue that it may be condi- tioned on one’s specific identity, on one’s presumed actions, or on the need to achieve some greater end—then we have ac- cepted that human rights are indeed violable and alienable. Unfortunately, the current state of international affairs does appear to support this at- titude. The U.S.’s ability to get away with torture spells not only negative political consequences in the international sphere—its stained human rights reputa- tion weakens its leverage for human rights advocacy abroad —but also casts an ominous outlook on hopes for interna- tional justice.15 So long as Bush Administration officials who sanctioned the use of torture in Guantanamo and Afghanistan suffer no negative repercus- sions, the skeptical realist theo- ry of international politics holds true: “powerful states are able to disregard international rules at will.”16 Might makes right. An Ideal to a Reality The international community must unequivocally prosecute those who violate the absolute ban on torture. As human rights law skeptics such as University of Chicago Law Professor Eric Posner argue, the internation- al community’s inability to reli- ably enforce the prohibition on torture spells doom the regime as a whole.17 Though President Obama has tried to close the door on torture in the U.S. by claiming that C.I.A. black sites have been shut down, these measures are not enough to restore the U.S.’s internation- al reputation or to help legiti- mize the human rights regime overall.18 To demonstrate that the duty to respect human rights is truly universal, hu- man rights defenders must try the Bush Administration offi- cials who sanctioned torture. Even if the officials ultimate- ly do not suffer imprisonment or other serious repercussions, their trial would serve as a pub- lic admission of wrongdoing and finally give victims of torture the opportunity to receive rep- arations and retributive justice. The law of universal jurisdiction grants any state or internation- al court the ability to charge the officials, and one must step up to do so if U.S. courts refuse to do so themselves. For it is only by firmly refusing to make exceptions for basic human rights, regardless of circum- stances or the convenience of the world’s great powers, that an international human rights regime can meaningfully exist. Protest against George W. Bush speaking at Beth El synagogue in St. Louis Park by Fibonacci Blue/ © Some rights reserved. Licensed under a Creative Commons Attribution license
  • 9. Torture: A Necessary Evil? | 7 To Help: Donate to the Torture Abolition and Survivor Sup- port Coalition. Based out of Washington, DC, this group helps torture survivors seeking asylum in the US acquire basic necessities and counseling, raises awareness about the prevalence of torture at home and abroad, and advocates on Capitol Hill for legislation that helps put an end to torture everywhere. Notes: 1. UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85, available at: http://www.refworld.org/do- cid/3ae6b3a94.html. 2. Prosecutor v. Furundžija (Judgment) ICTY-95-17/1-T (10 December 1998). 3. “Torture In 2014: 30 Years of Broken Promises,” Amnesty International, May 13, 2014, https://www.amnesty.org/en/documents/ ACT40/004/2014/en/. 4. James Coomarasamy, “France confronts Algeria Torture Claims,” BBC News, January 9, 2001. http://news.bbc. co.uk/2/hi/europe/1108014.stm. 5. Kathryn Sikkink, “Bush Administration Non-compliance with the Prohibition on Torture and Cruel and Degrading Treatment,” in Bringing Human Rights Home, vol. 2, edited by Albisa and Davis Soohoo (Praeger Perspectives, 2008), 197. 6. ibid, 194. 7. David Luban, “Eight Fallacies about Liberty and Securi- ty,” in Human Rights in the ‘War on Terror’, ed. Richard Wil- son (Cambridge: Cambridge University Press, 2005), 252. 8. ibid, 252. 9. David Cole, “Getting Away with Torture,” New York Review of Books, Dec. 16, 2009. http://www.nybooks.com/ articles/archives/2010/jan/14/getting-away-with-torture/. 10. ibid 11. Sikkink, 197. 12. Ariel Dorfman, “The Tyranny of Terror: Is Torture Inevi- table in Our Century and Beyond?” in Torture: A Collection, ed. Sanford Levinson (Oxford: Oxford University Press, 2004), 9. 13. Kenneth Cmiel, “The Recent History of Human Rights,” in The American Historical Review, vol. 109, no. 1 (Oxford: Oxford University Press, 2004), 132. 14. Henry Shue, Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy (Princeton: Princeton University Press, 1996), 22. 15. Sikkink, 188. 16. ibid,188. 17. Elisabeth Huh, “Can Law Really Defend Human Rights? A Conversation With Eric Posner,” The Midway Review, vol 10, no. 2 (Winter 2015): 42-45. http://midwayreview.uchica- go.edu/a/10/2/huh/huh.pdf. 18. Daniel Bilefsky, “Court Censures Poland over CIA Renditions,” New York Times, July 24, 2014, http://www. nytimes.com/2014/07/25/world/europe/europe-pol- land-cia-black-site-extraordinary-rendition.html.
  • 10. Sex Trafficking | 8 Clearing up Misconceptions: The Realities of Sex Trafficking In The U.S. By Gigi Ortiz By Elisabeth Huh “When we hear the words ‘sex trafficking,’ as Americans we immediately think of women and children overseas who are being forced into the sex trade or who are brought into the United States for the purpose of sexual ex- ploitation,” says Tina Frundt, Street Outreach Coordinator for Polaris Project and a survivor of sex trafficking. “We don’t usually think closer to home — Americans trafficked by Americans.”1 Despite these misconceptions, sex trafficking is hardly a problem that only happens abroad. Just last year, 3,598 cases of sex trafficking were reported in the US according to the Na- tional Human Trafficking Resource Center.2 The International Labor Organization (ILO) es- timates that the sex trafficking industry is worth $32 billion in the US alone.3 However, numbers and statistics do little in the way of helping one understand the enormity of sexual slavery in the US since it is such a surreptitious crime and finding reliable statistics is nearly impossible. Regardless of the available data, it is import- ant to recognize that sex trafficking is a problem in the US and the first step to combating it is to make the nation as a whole more aware of the issue. Sex trafficking violates some of the most basic human rights, including those outlined in articles 4, 5, 23, 24, and 25 of the Univer- sal Declaration of Human Rights,4 and although new legislation has been passed in the last 15 years to combat it, the crime is still extremely Human traffic, Piccadilly Circus, London by chrisjohnbeckett / © Some rights reserved. Licensed under a Creative Commons Attribution-NonCom- mercial-NoDerivatives license.
  • 11. Sex Trafficking | 9 under-reported. The number of trafficked persons in the US remains unknown, but the ILO has estimated that there are 20.9 million victims of trafficking worldwide.5 Given this, it is like- ly that hundreds of thousands of Americans face fear, rape, and violence every single day. Every individual deserves to live a life free from these evils, and should be able to make their own choic- es about their sexual partners, their bodies, and their health. By eliminating misconceptions about sex trafficking, increasing awareness, and learning how to recognize and report traffick- ing, we can work to decrease the amount of sexual exploita- tion in the US and begin to en- sure that all individuals have control over their own bodies. What is Sex Trafficking? Before action can be taken to reduce it, one must under- stand what exactly qualifies as sex trafficking. According to the Trafficking Victims Protection Act of 2000 (TVPA), sex traffick- ing is: “the recruitment, harbor- ing, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the per- son induced to perform such an act has not attained 18 years of age.”6 Sex trafficking victims are often mistaken as sex work- ers and may face social stigma and prostitution charges, mak- ing them reluctant to seek help. It is important to note that sex workers are those that are voluntarily involved in the sex industry and can freely leave if they wish to, while individuals who are forced into commer- cial sex and cannot leave due to threats of violence or depen- dency on their trafficker (even if they initially consented but later faced force, fraud, or coercion) are considered sex trafficking victims. All persons under the age of 18 who are involved in commercial sex, even if they consent without force, fraud, or coercion, are considered sex trafficking victims as well.7 While there is considerable overlap between sex trafficking and prostitution – sex trafficking entails prostitution but not nec- essarily the other way around –it is important to recognize the difference to avoid victim-blam- ing and falsely charging vic- tims as well as to provide vic- tims with the resources and support that they may need. The Victims There are several prevalent misconceptions about who the victims of sex trafficking in the US are that may prevent Amer- icans from realizing how wide- spread of a problem domestic sex slavery is. First, it is often believed that victims are only young women. Men, women, girls, boys, and LGBT+ individ- uals of all ages are victims of sex trafficking here in the US, although women and children are targeted more frequently. Another misconception is that all victims are foreign nationals or undocumented immigrants. There are actually many vic- tims of sex trafficking in the US who are citizens, permanent residents, or visa holders. Ac- cording to NHTRC 2014 Annual Report, 43.8% of the reported Soho by Russell Davies / © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license
  • 12. cases involved US citizens or permanent legal residents while only 12.9% cases were reported to involve foreign nationals.8 It is also commonly believed that all victims of sex trafficking are face severe poverty. Although pover- ty may make an individual more susceptibletobecomingavictim, people from all socioeconomic backgrounds can become the targets of sex trafficking, as traf- fickers may prey upon persons with other vulnerabilities as well. Essentially anyone can be- come a victim of sex trafficking, but there are specific character- istics that put certain individu- als at a higher risk than others. Runaway and homeless youth are commonly targeted by sex traffickers since they lack the traditional support systems that most children have. According to the National Center for Miss- ing and Exploited Children, in 2014, one out of six endangered runaways were likely victims of sex trafficking.9 A child may be considered an endangered run- away as a result of the circum- stances they are fleeing from (e.g. domestic violence, moles- tation, drug abuse), the broad- er environment they live in (e.g. high crime rates), the history of the person that they ran away with, their age (under 13 years old), their physical ailments or a drug addiction, their risk for suicide, or any other circum- stance that may put the child’s life and wellbeing at risk. Anoth- er study based in Chicago found that 56% of prostituted women were initially runaway youth.10 Those who have experienced past trauma – such as domes- tic violence, sexual assault, or social discrimination – may be more at risk because they have come to expect abuse or re- main emotionally vulnerable.11 Trafficker’sTactics The methods that traffickers use to lure individuals into the commercial sex industry are also frequently misunderstood. People often think that traffick- ers import all of their victims from foreign countries or that they exclusively target young, foreign girls who are alone and force them into a van. Al- though these tactics are used by some traffickers, they are not the most common ways that individuals are brought into the commercial sex industry since many trafficked individuals are US citizens or legal residents.12 Traffickers prey on individu- als by manipulating a much broader array of vulnerabilities. One way a trafficker or pimp might lure victims is by befriend- ing them or becoming romanti- cally involved with them— likely targeting those that have faced abuse or hardship in the past. They may begin by being very affectionate and offering gifts, a place to live, compliments, and promises of a future together, all so that their victims believe that the pimp is someone who cares for them. After gaining their vic- tims’ trust, the pimp will begin to isolate them from the people they know, use violence and rape, withhold money or identifi- cationfication, or use debt-bond- age to gain control. They may force individuals to live within a residential brothel– an apart- Sex Trafficking | 10 Sauna Spa Massage Jacuzzi by Thomas Hawk / © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
  • 13. a residential brothel– an apart- ment building, condo, home, or trailer where commercial sex occurs – and they may never be allowed to leave the brothel. Some pimps may make arrange- ments with customers and bring each victim to a hotel or motel to provide commercial sex as well. Another method that traffick- ers use to bring individuals into the commercial sex industry is falsely advertising a job– such as an escort service, nightclub, strip club, or fake massage par- lor – and promising the victim employment and high pay. Traf- fickers will lie about what the job entails and only after the victims agree to work for the trafficker will they learn that they have been tricked into the commer- cial sex industry, at which point it is too late to change their minds and leave. At this point, the pimp may begin to use force, vi- olence, and threats so the victim does not try to escape, call the police, or inform anyone of their whereabouts. Trafficked per- sons are often times forced to live within these fake business buildings 24/7, making it diffi- cult for them to contact help and break free from their trafficker. In all of these situations, vic- tims are met with violence and rape, and they certainly do not receive any pay for the acts they are coerced to do. Victims of sex trafficking are often forced to meet a trafficker’s quotas, which can be between $500 and $1000 a night and must contin- ue to sell commercial sex until they meet these demands.13 A trafficker may beat their victims for not earning enough mon- ey, and if injured, they have no way of receiving medical care. Combating Sex Trafficking Amnesty International has re- cently voted to adopt a policy to protect the rights of sex workers by decriminalizing sex work. In theory, this policy works to shift the public’s mindset away from victim-blaming and criminaliza- tion of those who are sexually exploited. In practice, though, it completely ignores the strong, inseparable link between con- sensual sex work and sex traf- ficking and thus fails to hinder sexual exploitation. Amnesty International makes the point that there is a clear difference between decriminalization and legalization – decriminalization means that those partaking in sex work would not be out- side of the law, but there would be no new laws and policies to regulate the sex industry.14 Therefore, by only decriminaliz- ing sex work, this policy would take no initiative to ensure that the sex work is consensual in practice and that sex workers are working free of violence. This policy assumes that fear of contacting law enforcement is what is stopping trafficked per- sons from leaving their pimps. But as discussed previously, traffickers use violent and ex- treme tactics to keep their vic- tims from escaping. Decrimi- nalizing prostitution would not change their treatment of those they traffic, but instead make it easier for traffickers to not get caught. Thus, decriminal- ization would only help protect pimps and johns by allowing Sex Trafficking | 11 NCIS agent prepares sting operation by US Navy/ No rights reserved.
  • 14. them to exploit individuals with even more ease than before. Sex trafficking is a form of Sex-trafficking is a form of mod- ern day slavery that exists be- cause of the high demand for commercial sex, the high prof- its, and the low risk of traffick- ers being caught. By decrimi- nalizing sex work, the demand would increase, profits would increase, and the risk of being caught would be lower than ever. What is necessary is a system where traffickers are held accountable and convict- ed, and victims are given ac- cess to the resources they need to recover without being crimi- nalized. The first step towards actively combatting sex traffick- ing is raising awareness every- where. A general lack of aware- ness about who the victims of sex trafficking are, where sex trafficking occurs, and what sex trafficking looks like, has allowed it to persist everywhere in the US. Sex trafficking oc- curs in all 50 states in the US and in every type of community – making it crucial to teach ev- eryone to recognize the signs of sexual exploitation. Some of the major indicators that one is trapped within the commercial sex industry are: 1) working long and unusual hours, 2) hav- ing little control over their own money and possessions, 3) being unable to explain where they live or what city they are in, 4) often appearing anxious, fearful, or tense, and 5) appear- ing malnourished and showing signs of abuse and violence.15 Anyone can become a vic- tim of sex trafficking, and it can occur in any type of community regardless of the misconcep- tions society holds. By teach- ing law enforcement, and even average citizens, how to recog- nize sex trafficking and how to report it when they see it in their communities, traffickers can be taken off the streets. Ensuring that there are measures taken to stop businesses – such as hotels, advertising business- es, and travel services – from knowingly or unknowingly facil- itating sex trafficking is another step that would make it even more difficult for traffickers ma- nipulate individuals for profit. The sex trafficking industry would not exist if there were no buyers and no demand for com- mercial sex. Increasing aware- ness about what happens to those in the commercial sex industry and educating Ameri- cans that, 1) these individuals did not choose to do this, 2) they are unable to leave, and 3) they do not personally profit from selling their bodies’, is neces- sary to prevent Americans from fueling the commercial sex in- dustry. Awareness would also help relieve some of the stigma and victim-blaming surrounding those that are prostituted and make it easier for them to seek the help that they may need to leave a trafficker or build their life after they have escaped the commercial sex industry. Sex Trafficking | 12 My Brother, Your Brother Jacuzzi by John W. Iwanski/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCom- mercial license.
  • 15. Sex Trafficking | 13 To Help: Donate to the Polaris Project, a group that “sys- temically disrupts the human trafficking networks that rob human beings of their lives and their free- dom.” To learn more, check out their website at https://polarisproject.org/. Notes: 1. Frundt, Tina. “Enslaved in America: Sex Trafficking in the United States - Women’s Funding Network.” Women’s Funding Network. November 28, 2005. Accessed July 14, 2015. 2. “Sex Trafficking.” National Human Trafficking Resource Cen- ter. March 31, 2015. Accessed July 14, 2015. 3. “Factsheet on Human Trafficking.” United Nations Office on Drugs and Crime. Accessed July 20, 2015. 4. “The Universal Declaration of Human Rights, UDHR, Declara- tion of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights.” UN News Center. Accessed July 14, 2015. 5. ibid, 3. 6. “Trafficking Victims Protection Act of 2000.” Polarisproject.org. Accessed July 15, 2015. 7. “Myths & Misconceptions.” National Human Trafficking Re- source Center. September 22, 2014. Accessed July 15, 2015. 8 National Human Trafficking Resources Center. “National Human Trafficking Resource Center (NHTRC) Annual Report.” National Human Trafficking Resources Center. https://traffick- ingresourcecenter.org/sites/default/files/2014%20NHTRC%20 Annual%20Report_Final.pdf. 9. “Child Sex Trafficking in America: A Guide for Child Welfare.” National Center for Missing and Exploited Children. February 1, 2015. Accessed July 15, 2015. 10. “The Victims.” National Human Trafficking Resource Center. September 25, 2014. Accessed July 15, 2015. 11. ibid. 12. “National Human Trafficking Resource Center (NHTRC) An- nual Report.” National Human Trafficking Resources Center. 13. “Sex Trafficking in the U.S. : Combating Human Trafficking and Modern-day Slavery.” Polaris Project. Accessed August 22, 2015. 14. “Q&A on the Policy to Protect Human Rights of Sex Work- ers.” Amnesty International USA. August 11, 2015. Accessed August 22, 2015. 15. “Recognizing the Signs.” National Human Trafficking Re- source Center. September 22, 2014. Accessed August 22, 2015.
  • 16. The Plight of The Rohingya | 14 The Plight of Burma’s Rohingya People Amy Qin The hostilities started in 2012 after the pur- ported rape of a Buddhist woman by sever- al Muslim men spurred Buddhist activists to bomb a bus carrying dozens of Rohingyas.1 Since then, groups of Buddhist nationalists have burned countless Rohingya homes, killed over 280 people, and conspired with government officials who arbitrarily arrested and beat hundreds of Rohingya.2 Human Rights Watch has reported crimes against humanity in the dire situation. Rohingya who have not already fled their homes are vio- lently expelled and forced to flee to squal- id refugee camps in neighboring areas. Conditions in these refugee camps, which currently house over 120,000 internally dis- placed peoples (IDPs), are creating a se- vere humanitarian crisis as “thousands of children are at risk of dying from acute mal- nutrition while tens of thousands are with- Tensions in Burma’s Rakhine state between the Buddhist majority and the Rohingya, an ethnic Muslim minority that constitutes about one third of the state’s population, have ex- isted for decades. But a new wave of vio- lent outbreaks has worsened the instability. A lifeline for undocumented Rohingya refugees in Bangladesh by EU/ECHO/Pierre Prakash/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives license.
  • 17. out water, shelter, or sanitation.”4 The situation is bleaker than ever as many aid organizations including Doctors Without Bor- ders (MSF), have been evicted by authorities.5 These actions contribute to the already critical lack of basic necessities and the quickly escalating death toll. The camps are guarded around their peripheries by security guards, barring not only aid or- ganizations from entering but also refugees from leaving. One such refugee recounted that he was heavily fined and beaten for leaving the camp to fish in a nearby river.6 Strict segregation along ethnic lines and the daily human rights violations have led some to argue that these camps should truly be considered concentration camps. The hu- man rights group Fortify Rights has declared, “The Rohingya are facing something great- er than persecution – they’re facing existential threats.”7 Since the beginning of this year, over 30,000 Rohingya have fled their homes by way of the Bay of Bengal, boarding boats operated by traffickers.8 Refugees are locked in the un- derbellies of these vessels for months at a time and fed through peepholes.9 Some abandon the refugee camps of their own vo- lition while others are forced out by armed Rakhine Buddhists in their campaign to rid their state of all Rohingya. If they make it to Thai or Malaysian shores, most Rohingya exiles fall into the hands of more smugglers who further abuse and extort them for money.10 Local government officials either choose to turn a blind eye or are complicit in prof- iting from the refugee crisis.11 Sometimes, the boats transport- ing refugees are refused dock on foreign shores and are left out at sea for months on end.12 Despite the urgency of the situation, it is important to un- derstand that the humanitar- ian crisis is only a symptom of a much more complex prob- lem with political and historical roots. Tensions have existed ever since Burma’s annexation as a province of British India. Considering the conflict in light of its historical background can illuminate how the Rakhine Bud- dhist majority and the Burmese government justify their current persecution of the Rohingya. Although the international community tends to cast off the Rakhine Buddhists as violent ex- tremists who persecute religious minorities, they too have been subjected to systematic discrim- ination. Physically isolated from the mainland by a formidable mountain range, they have been largely disintegrated from Bur- mese society and discounted as an ethnic minority. As a result, the mass migration of Rohing- yas into the Rakhine state has made the Rakhine feel increas- ingly vulnerable, fearful of be- cominga minority in their own state. Thus, much of their ani- mosity stems not from religious causes but demographic ones.13 During World War II, a prom- inent leader of the Burmese in- dependence movement named General Aung San saw an op- portunity for Burma in fighting alongside its Japanese invad- ers.14 The Japanese promised to grant Burma independence once the British were driven out.15 Despite a united nation- al front, the Rakhine state was divided: most Muslims were pro-British and most Bud- The Plight of The Rohingya | 15 Fishing Boat on Bay of Bengal by Unknown/ © Some rights reserved. Licensed under a Creative Commons Attribution-ShareAlike license.
  • 18. dhists were pro-Japanese.16 Both groups formed militias, and countless massacres en- sued, driving the Rohingya to the northern part of the state and beginning a long tradition of animosity and segregation.17 Although Burma became a parliamentary democracy in 1947 under the leadership of Aung San, the authoritarian General Ne Win came into pow- er after a military coup in 1962. He instigated hundreds of re- pressive policies, including the 1982 Nationality Act that denied the Rohingya citizenship by re- fusing to include them as one of the eight “national races.”18 This legislation left them per- manently stateless, legally vul- nerable, and dehumanized as the vermin of society. Negative public sentiment has also fu- eled countless state-sanctioned abuses, from restricting their freedom of movement, a viola- tion of Article 13 of the Universal Declaration of Human Rights, to mass arrests.19 Forced labor is now common, and officials often threaten both adults and children with physical abuse or death unless they work on labor-intensive infrastructure projects in non-Muslim com- munities.20 Oftentimes, workers go weeks without pay or food.21 Moreover, the state seizes the majority of the resources used for construction and for feed- ing soldiers from Rohingya property.22 These facts convey only a few of the ways in which the Rohingya face discrimi- nation in their homeland, and are only a few of the reasons so many have no choice but to flee on the refugee boats. The Burmese government could not make it more appar- ent that they despise the Ro- hingya, and the military backed parliament has made no effort to curb discriminatory policies. One such policy, the Population Healthcare Control Law, impos- es rigid restrictions to “address rapid population growth” of the Muslim community.23 Women are allowed only two children, who are to be born no less than 36 months apart. If a woman be- comes pregnant before getting official approval, she is heavily fined or arrested.24 Most wom- en in that situation cannot afford the fines and have no access to abortion services (Burmese law penalizes all instances of abor- tion except life-saving ones), and they must resort to unsafe, illegal, or self-induced abortions to avoid punishment.25 Aware- ness about modern methods of contraception is also severely limited in Rohingya communi- ties– a UN survey reported that only 32 percent of women use any form of modern contracep- tion.26 Moreover, their access to contraceptives, which are mainly available in govern- ment hospitals, is limited be- cause they lack citizenship.27 Despite criticism from various human rights groups, the Bur- mese government continues to insist it is passing reforms that will expand the rights of groups like the Rohingya.28 At first glance, it appears that they are delivering on their word. The parliament recently commenced an initiative to offer a path to citizenship by providing green cards to replace the white cards that most Rohingya have, which label them non-citizens.29 How- The Plight of The Rohingya | 16 Myanmar: Urgent humanitarian needs in Rakhine State by Mathias Eick EU/ECHO/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives license.
  • 19. ever, the green cards still do not identify them as “Rohingya” but refer to them as “Bengalis” (peo- ple from neighboring Bangla- desh), stripping away one of the last vestiges of their dignity and identity.30 In addition, a green card only grants a lower level of semi-citizenship to its hold- er.31 Thus, the Rohingya remain segregated and persecuted. So what is to be done about this human rights disaster? An obvi- ous answer is to push the Bur- mese government to grant citi- zenship to the Rohingya so they at least have legal and political agency. But this measure is un- likely given the current regime’s track record and the fact that the Rohingya have never been included in a national census. Although citizenship is a neces- sary step to securing Rohingya rights, it is still insufficient. The Kamen, another ethnic minori- ty in Burma, are full citizens and a recognized indigenous group, but they still face perse- cution and are forced to reside in government-designated dis- placement camps.32 Their pre- dicament is therefore not unlike the situation the Rohingya face. Hopes were high for change in 2010 when President Thein Sein (who deems himself a civil- ian, rather than military, leader) was voted in, but the military jun- ta’s iron grip on parliament has greatly reduced the likelihood of achieving any kind of improve- ment through policy. A consti- tutional amendment requires a 75 percent parliament majori- ty vote to pass, and given that Article 436 guarantees the mili- tary at least 25 percent of those seats, it is impossible to pass anything without at least one vote from a military appointee.33 Congressman Joseph Crowly remarks, “Burma’s military has in effect created an entirely sep- arate ballot box in which they reserve every single vote for a constitutional veto-wielding bloc in parliament, allowing them to maintain a grip on power.”34 If political forces within Burma’s government are defective, polit- ical forces from outside may not be. The Burmese government craves the approval of the inter- national community, especially Western nations. Its 2008 con- stitutional referendum showed just how desperate the regime was to prove it was a popular democratic government when it reported 98.12% turnout and 92.48% “yes” votes.35 Those percentages would be incon- ceivably high, even for the U.S., and were obviously fabricated. However, the international com- munity raised no serious con- cerns and was quick to applaud Burma’s “democratic” efforts in its 2010 civilian elections by lifting decades-long sanctions.36 A long-term solution to end the oppression of the Rohing- ya demands more international pressure on Burma. As of now, many of the nation’s internation- al relationships are structured so that, “the Burmese govern- ment wins increased favors from other countries, no matter if they address Rohingya issues or not.”37 With a government that is both repressive and politically dysfunctional, a large burden rests on the international com- munity to be more involved. For- eign investment to developing nations often accompanies an expansion of programs dedicat- The Plight of The Rohingya | 17 Bogyoke Aung San inspecting the army parade by Burma Democratic Concern/ © Some rights reserved. Licensed under a Creative Com- mons Attribution license.
  • 20. ed to investing in human capital, especially for poor governments like Burma’s. For example, the U.S. cited the 2010 election of Thein Sein and a new parlia- ment as the major reasons it lifted sanctions on investment into Burma If countries choose to link investing and aid policies to Burmese policies that respect Rohingya rights, it would send a clear signal that respect for Rohingya rights is necessary for the Burmese government to attain legitimacy in the eyes of the international community. The international community cannot expect the Burmese gov- ernment to respond swiftly (or at all) to the Rohyingya humanitar- ian situation without their inter- vention. It is therefore impera- tive that other countries take a more aggressive stance to help the Rohingya refugees. They should also organize a regional refugee search and rescue sys- tem. ASEAN, the regional orga- nization of countries in South- east Asia, has so far made little to no effort on this front.38 Only three countries in ASEAN are currently parties to the Protocol Relating to the Status of Ref- ugees, which regulates coun- tries’ treatment of refugees un- der international law.39 For the remaining countries, ASEAN has no binding legal structure for their treatment of refugees, other than a vague clause to promote their “full potential and dignity” under domestic laws.40 This has permitted neighboring countries to avoid taking respon- sibility for refugees. Internation- al organizations and Western nations therefore must pressure ASEAN to work with countries like Thailand to find refugees, provide them with necessary resources, and return them to a safe area to call home. It’s very clear at this point that there is no quick fix to the Ro- hingya refugee crisis, much less the systematic oppression that they face. But one thing is for sure: in order for any meaningful change to occur, a national dia- logue that promotes greater ac- ceptance of religious minorities needs to start. While external actors can alleviate the crisis, a permanent solution can only come to fruition once attitudes toward the Rohingya in Burma change, thereby making the re- peal of their discriminatory poli- cies possible. The whole world is eagerly awaiting the democratic transition of Burma, but as one Rohingya leader stresses, “the changes with a transition will not be sustainable if they do not include the Rohingya people.”41 To Help: Talk to Washington! The House of Representatives passed H.Res 418, a biparti- san resolution that urges the Government of Burma to end the persecution of the Rohingya people and respect internation- ally recognized human rights for all ethnic and religious minori- ties in Burma. Urge your sena- tors to cosponsor the resolution to help pass it in the Senate! The Plight of The Rohingya | 18 Nargis87_g by TZA/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial license.
  • 21. The Plight of The Rohingya | 19 Notes: 1. United States Holocaust Memorial Museum. “Burma Report.” United States Holocaust Memorial Museum. http://www.ushmm. org/m/pdfs/20150505-Burma-Report.pdf. 2. ibid. 3. Bangkok, Human Rights Watch. “Southeast Asia: Accounts from Rohingya Boat People.” Human Rigths Watch. http://www. hrw.org/news/2015/05/27/southeast-asia-accounts-rohing- ya-boat-people. 4. Human Rights Watch. “All You Can Do Is Pray.” Human Rights Watch. https://www.hrw.org/sites/default/files/reports/bur- ma0413_brochure_web_0.pdf. 5. United States Holocaust Memorial Museum. “Burma Report.” United States Holocaust Memorial Museum. http://www.ushmm. org/m/pdfs/20150505-Burma-Report.pdf. 6. Win, Swe. “The Disunion of Myanmar.” The New York Times. http://latitude.blogs.nytimes.com/2012/08/16/the-disunion-of- myanmar/. 7. Motlagh, Jason. “These Aren’t Refuge Camps, They’re Con- centration Camps, and People Are Dying in Them.” Time. http:// time.com/2888864/rohingya-myanmar-burma-camps-sittwe/. 8. Bangkok, Human Rights Watch. “Southeast Asia: Accounts from Rohingya Boat People.” Human Rigths Watch. http://www. hrw.org/news/2015/05/27/southeast-asia-accounts-rohing- ya-boat-people. 9. ibid. 10. ibid. 11. ibid. 12. Amnesty International. “South East Asia: ‘Boat people’ crisis summit an opportunity that must not be missed.” Amnesty International. http://www.amnestyusa.org/news/press-releases/ south-east-asia-%E2%80%98boat-people-crisis-summit-an-op- portunity-that-must-not-be-missed. 13. International Crisis Group. “Myanmar: The Politics of Rakhine State.” International Crisis Group. http://www.crisisgroup.org/~/ media/Files/asia/south-east-asia/burma-myanmar/261-myan- mar-the-politics-of-rakhine-state.pdf. 14. Oxford Burma Alliance. “Refugees, IDPs & Ongoing Armed Conflict in Burma.” Oxford Burma Alliance. http://www.oxfordbur- maalliance.org/refugees--conflict.html. 15. ibid. 16. ibid. 17. International Crisis Group. “Myanmar: The Politics of Rakhine State.” International Crisis Group. http://www.crisisgroup.org/~/ media/Files/asia/south-east-asia/burma-myanmar/261-myan- mar-the-politics-of-rakhine-state.pdf. 18. Albert, Eleanor. “The Rohingya Migrant Crisis.” Council on Foreign Relations. http://www.cfr.org/burmamyanmar/rohing- ya-migrant-crisis/p36651. 19. New York, Human Rights Watch. “Burma: Government Plan Would Segregate Rohingya.” Human Rights Watch. http://www. hrw.org/news/2014/10/03/burma-government-plan-would-segre- gate-rohingya. 20. Belford, Aubrey. Zeya Tun, Soe. “Forced Labor Shows Back-Breaking Lack of Reform in Myanmar Military.” Reuters. http://www.reuters.com/article/2015/07/02/us-myanmar-rohing- Washington Capitol Hill by Arend/ © Some rights reserved. Licensed under a Creative Commons Attribution license.
  • 22. The Plight of The Rohingya |20 ya-forcedlabour-idUSKCN0PC2L720150702. 21. ibid. 22. ibid. 23. Inquiry Commission of the Republic of the Union of Myan- mar. “Final Report of Inquiry Commission on Sectarian Violence in Rakhine State.” Burma Library. http://www.burmalibrary.org/ docs15/Rakhine_Commission_Report-en-red.pdf. 24. ibid, 25. New York, Human Rights Watch. “Burma: Reject Discrimina- tory Population Bill.” Human Rights Watch. https://www.hrw.org/ news/2015/05/16/burma-reject-discriminatory-population-bill. 26. Kashyap, Aruna. “Burma’s Bluff on the Two-Child Policy for Rohingyas.” Human Rights Watch. https://www.hrw.org/ news/2013/06/21/burmas-bluff-two-child-policy-rohingyas. 27. ibid. 28. Tensley, Brandon. “Myanmar, Interupted.” Foreign Policy. http://foreignpolicy.com/2015/07/16/myanmar-interrupted/. 29. Albert, Eleanor. “The Rohingya Migrant Crisis.” Council on Foreign Relations. http://www.cfr.org/burmamyanmar/rohing- ya-migrant-crisis/p36651. 30. Phyo Tha, Kyaw. “Use Controversial Citizenship Law to Assess Rohingyas’ Rights: Govt Report.” The Irrawaddy. http://www.irrawaddy.org/conflict/use-controversial-citizen- ship-law-to-asses-rohingyas-rights-govt-report.html. 31. ibid. 32. International Crisis Group. “Myanmar: The Politics of Rakhine State.” International Crisis Group. http://www.crisisgroup.org/~/ media/Files/asia/south-east-asia/burma-myanmar/261-myan- mar-the-politics-of-rakhine-state.pdf. 33. Mar, Zin. Et al.”Myanmar General Elections to be Held November 8.” Radio Free Asia. http://www.rfa.org/english/news/ myanmar/election-07082015163804.html. 34. Aung Khine, Tin. Mar, Zin. “Fighting Continues Between Government Troops and Karen Rebels in Myanmar.” Radio Free Asia. http://www.rfa.org/english/news/myanmar/fighting-con- tinues-between-government-tropps-and-dkba-rebels-in-myan- mar-07102015163610.html. 35. Bayan. “What is Wrong With Myanmar’s Constitution?” The Economist. http://www.economist.com/blogs/economist-ex- plains/2014/03/economist-explains-3. 36. Kurlantzick, Joshua. “The Long Read: How to Permanently Solve the Rohingya Migrant Crisis.” The National. http://www. thenational.ae/arts-lifestyle/the-review/the-long-read-how-to-per- manently-solve-the-rohingya-migrant-crisis#full. 37. ibid. 38. Webb, Joshua. “Solving the Rohingya Crisis.” The Diplomat. http://thediplomat.com/2015/05/solving-the-rohingya-crisis/. 39. ibid. 40. ibid. 41. Win, Swe. “The Disunion of Myanmar.” The New York Times. http://latitude.blogs.nytimes.com/2012/08/16/the-disunion-of- myanmar/. Police roundup, Yangon, Myanmar by Timothy Neesam/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommer- cial-NoDerivatives license.
  • 23. Dirty Water | 21 Dirty Water And Its Consequences By Emma Preston The foundation of humanity dwells deep be- neath the topsoil. If you dig down carefully, me- thodically, tirelessly, you can find it. The pro- cess will likely require equipment and tools if its product is to be of any use, but with enough grit and a pinch of luck, perhaps your efforts will be rewarded. There are lakes beneath our feet, and from them we draw life. In first world coun- tries, citizens seldom witness this miracle. We turn on the tap, and from it water spills. It fills our empty cups, cleanses us underneath fau- cets, keeps our gardens healthy, and provides us with indoor plumbing. When we sit down Sahel Food Crisis 2012: Drawing water from a well in the community of Natriguel, Mauritania by Oxfam International/ © Some rights reserved. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives license.
  • 24. to eat, we can look at the food on our plates and understand that it was the culmination of irrigation and industrial agricul- ture. Water is a source of power and thermoelectricity. We have so much of it that we even use it recreationally; on a hot Au- gust afternoon, we might take a dip in a local swimming pool. When water is richly avail- able to us, we tend to take it, and the things that come with it, for granted. Across the world, however, people don’t have that luxury, and its ab- sence results in far more than a boring summer afternoon or clean hands before dinner. When a household has no clean running water, women and children (typically girls) are sent to collect it. This is no small task; in fact, it is so daunt- ing that days are built around it— and at no meager cost. Ul- timately, the absence of clean water in impoverished commu- nities completely dictates the lives of women in ways that compromise their most basic rights.1 Consider the average young woman in Sub-Saha- ran Africa. As her younger sib- lings leave for school to pursue their educations, she kneels to pick up her family’s empty Jerry Can. Though several years ago she was among the ranks of school-goers, as adolescence overtook her, the school’s ab- sence of a hygienic restroom be- came more problematic. There is no running water, no adequate toilet facility, so when she began menstruating, attending school became a monthly source of embarrassment- particularly in her country, where such bodi- ly affairs remain incredibly and painfully privatized.2 Now, she stays home to save her family the cost of supplying her with expensive sanitary pads and sanitary wear. Her circumstance and socially condemned wom- anhood have collaborated to prevent her from ever earning the education she deserves. Jug in hand, our young wom- an steps onto the dusty earth outside her family’s home and begins her journey to the near- Dirty Water | 22 Pool Fizzy Water by Markus Spiske / © Some rights reserved. Licensed under a Creative Commons Attribution license.
  • 25. est water source. She walks out of her sleepy village, taking each mile as it comes. As she walks, she is hyper-aware of her surroundings. Each sound breaking the hum of the wind in the foliage could prove to be dangerous. She’d heard the sto- ries, quietly passed down from mother to daughter, generation after generation. She knows to beware of the sound of pred- ators stalking her, lest she be attacked or killed by a lion. She knows also to be aware of the sound of footsteps behind her, lest she become a victim of rape, like many women before her. By the time she reaches her destination, she has walked over three miles.3 She surveys the swamp in front of her, sus- piciously eyeing the water for hippos or crocodiles. Finding none, she wades in carefully until the water reaches her hips. She dunks her Jerry Can under- neath the surface, and listens patiently as it empty its air with periodic glugs. Filling the empti- ness is water, of course, but oth- er things, too. The swamp area is home to organisms of many sizes, and all of them have left their mark on the water drain- ing into our protagonist’s yellow container; feces, malignant bac- teria, and parasites all crowd in, ready to occupy a new host.4 A final, exiting bubble pops softly on the water’s surface, and with its arrival she returns to land and hoists her container on top of her head. Its forty pounds of contents slosh rhythmically as she walks.5 She arrives home with her water nearly two hours following her morning depar- ture, and as soon as she steps inside, she hears her young- est brother, just six months old, wailing from dehydration. Intuitively, she pours a cupful of the retrieved water to reme- dy her brother’s tears, and her mother gratefully, exhaustedly uses it to quell his discomfort. Her brother first became sick several weeks ago, after swal- lowing a harmful strain of bac- teria in his drinking cup. His mother first noticed when she planted a loving kiss on his fore- head, only to be met with skin too hot to signify health. Over the following weeks, her son had increasing fevers and diar- rhea.6 The family is now doing the best they can to provide him with enough water to fight the illness threatening his life, but what they don’t realize is that they’re doing him more harm than good. His mother holds the cup to her infant’s lips as he downs more bacteria and par- asites, which will only worsen his condition and lead to more diarrhea, which in turn leads to more dehydration.7 Despite his family’s best efforts, the follow- ing afternoon he will become one of the 2,300 people who die that day alone from a water-re- lated illness.8 These deaths add up, so much so that, according to Charity: Water, “diseases from unsafe water and lack of basic sanitation kill more peo- ple every year than all forms of violence, including war.”9 Chil- dren are even more susceptible to these diseases, so much so that every 19 seconds, a par- ent loses their child to an illness contracted from dirty water.10 This family’s story is a fictional approximation, and yet it is the storyoffamiliesallovertheworld, whose unfortunate, chance cir- cumstance forces them to con- front tragedy at every turn. We must now consider these fami- lies as a whole, as a disenfran- chised body of humans, and Dirty Water | 23 I walk this lonely road by Jake Stimpson/ © Some rights reserved. Licensed under a Creative Commons Attribution license.
  • 26. Dirty Water | 24 understand that their reality is not only somber and challeng- ing but also severely unjust. This is especially so for wom- en in third world communities. Women and children spend so much time gathering water that they have no time to engage in academic or literary endeav- ors.11 As we saw in the above narrative, even the young girls who do attend school face so- cietal pressure to leave as they reach adolescence. The ab- sence of water draws them from school, where there is no water, to travel over beaten trail through rough terrain in order to gather it. They do not learn to read. In- stead, they are raised to follow, quite literally, in their mother’s footsteps and face danger at ev- ery turn. Their isolation on their quest for water exposes them to violent crimes and attacks. It is not uncommon for a woman to be raped, impregnated, and sent into motherhood involun- tarily at the mere age of 14.12 As a result of these and other factors, the gender gap is ever prevalent in many developing countries. Not only are women less likely to establish a career due to their lack of education, but they have no time to sustain one; they are too busy providing water for their families. Accord- ing to an estimate made by the United Nations, the hours spent collecting water in Sub-Saharan Africa alone are the same as the amount of labor that the entire workforce of France conducts during one year.13 A woman in this environment is not financial- ly independent, nor is she ca- pable of becoming so. Unless, of course, she has our help. To be sure, the absence of ac- cessible water nearby is not the only contributor to this inequali- ty, but it certainly is a large ob- stacle. Water is essential to life. It is, perhaps, our most basic need. The abilities to earn an education, seek employment, live healthily and enjoy leisure time are basic human rights, named in the Universal Declara- tion14 , and contaminated water obstructs each of them. To ne- glect our fellow humans when they are experiencing so many ills at the hand of dirty water is unjust and inexcusable, particu- larly when solutions are simple, effective, and numerous. By contributing to nonprofit organi- zations, reducing our own water usage, and learning more about the water crisis, each of us can make a difference- one that we have a responsibility to make. To Help Donate to Charity: Water, an organization that has helped over 5.6 million individuals ac- cess clean water! Every 30$ you donate helps 1 more per- son access the clean water she needs to drink, bathe, and live.
  • 27. Dirty Water | 25 Notes: 1. Deen, Thalif. “Women Spend 40 Billion Hours Collecting Water.” Ipsnews. http://www.ipsnews.net/2012/08/women- spend-40-billion-hours-collecting-water/. 2. Biriwasha, Masimba. “In Africa, Menstruation can be a Curse.” RhRealityCheck. http://rhrealitycheck.org/arti- cle/2008/03/25/in-africa-menstruation-can-be-a-curse/. Water for the Ages. “10 Facts on Women and Water.” Wa- terfortheAges.org. http://waterfortheages.org/2009/12/02/10- facts-on-women-and-water/. 3. Charity: Water. “Why Water?” CharityWater.org. http://www. charitywater.org/whywater/. 4. The Water Project. “Poverty in Africa Begins with a Lack of Clean Water.” TheWaterProject.org. http://thewaterproject.org/ poverty. 5. Charity: Water. “Why Water?” CharityWater.org. http://www. charitywater.org/whywater/. 6. Prüss-Ustün, Annette, et al. “Burden of disease from inade- quate water, sanitation and hygiene in low- and middle-income settings: a retrospective analysis of data from 145 7.Water.org. “Global water crisis: water and sanitation facts.” Water.org. http://water.org/water-crisis/water-facts/water/. 8.Charity: Water. “Why Water?” CharityWater.org. http://www. charitywater.org/whywater/. 9. ibid. 10. The Water Project. “Poverty in Africa Begins with a Lack of Clean Water.” TheWaterProject.org. http://thewaterproject. org/poverty. 11. Riewer, Tyler. “It Happened on the Walk for Water.” Me- dium.com. https://medium.com/charity-water/it-happened-on- the-walk-for-water-245bfda50717 12. The Water Project. “Poverty in Africa Begins with a Lack of Clean Water.” TheWaterProject.org. http://thewaterproject. org/poverty. 13. UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III), available at: http:// www.refworld.org/docid/3ae6b3712c.html.