Jurors

Bridget Anderson (UK)

Bridget Anderson is Professor of Migration and Citizenship and Research Director at COMPAS. She has a DPhil in Sociology and previous training in Philosophy and Modern Languages. She has explored the tension between labour market flexibilities and citizenship rights, and pioneered an understanding of the functions of immigration in key labour market sectors. She is the author of Us and Them? The Dangerous Politics of Immigration Controls (Oxford University Press, 2013) and Doing the Dirty Work? The Global Politics of Domestic Labour (Zed Books, 2000). She coedited Who Needs Migrant Workers? Labour Shortages, Immigration and Public Policy with Martin Ruhs (Oxford University Press, 2010 and 2012), The Social, Political and Historical Contours of Deportation with Matthew Gibney and Emanuela Paoletti (Springer, 2013), and Migration and Care Labour: Theory, Policy and Politics with Isabel Shutes (Palgrave Macmillan, 2014). Bridget Anderson has worked closely with migrants’ organisations, trades unions and legal practitioners at local, national and international level.

 

Laia Serra (Estado español)

Criminal lawyer, works in human rights, non-discrimination, hate crimes and gender violence. Member of the Defence Commission of the Lawyers Association of Barcelona, ​​of Women Lawyers and of the Catalan Association for the Defence of Human Rights, which is part of the Catalan Coordination for the Prevention and Complaint of Torture, and regularly collaborates with different feminist collectives. She has advised the Observatory against Homophobia since 2007 and the Association for Assistance to Sexually Assaulted Women (AADAS) since 2014. She has intervened in political advocacy campaigns such as the eradication of rubber bullets in Catalonia, the non-introduction of guns Taser in the armament of the Mossos d'Esquadra, the access to assisted reproduction of all women, and the change of health care model for transgender people. She has intervened in several court cases related to the limits on freedom of expression, the criminalization of protest and gender violence through social networks. Collaborates in the drafting of the Regulations for the Deployment of the Law against Catalan LGBTI phobia and in legal opinion articles with El Diario.es, La Directa, El Punt Avui and Pikara Magazine.

 

Stasa Zajovic (Montenegro)

Feminist activist, pacifist and member of the Montenegrin LGBT Movement, co-founder and coordinator of the organization Women in Black of Belgrade created in 1991 at the beginning of the war in Yugoslavia. In Belgrade, during the war in the former Yugoslavia, she was one of the activists who led the silent vigils of Women in Black that took place regularly every week from 1991 to 1997 as a nonviolent protest against the war; the politics of the Serbian regime; nationalism; militarism and all forms of hate, discrimination and violence. She is one of the organizers of the Women's Court, Sarajevo, in May 2015.

Patricia Orejudo (Estado español)

Professor of Private International Law University of the Complutense University of Madrid. Lawyer specialized in Human Rights. PHD in Law. She has taught undergraduate and postgraduate courses, in many other centres in Spain, Europe and Latin America. Member of the state campaign for the closure of Detention Centres for Migrants and the Sol Legal Commission. She has worked in Women's Link Worldwide, a non-profit organization that uses the power of the law to promote and defend the rights of women and girls, as a senior lawyer, and has collaborated with the Spanish Commission for Refugee Aid (CEAR). Investigate issues mainly related to migration from a gender perspective.

 

Marina Forti (Italia)

Journalist based in Rome. She worked with the daily newspaper “il manifesto” for 30 years, mostly as a Foreign Correspondent and later Foreign Editor. She traveled in Iran, South Asia and South East Asia. She started the column “TerraTerra” (“Earth to Earth”) on environmental justice and the conflicts for the natural resources. Her book La signora di Narmada (Feltrinelli 2004) was awarded the Elsa Morante Prize for Communication. Her latest book is “Il cuore di tenebra dell'India” (Bruno Mondadori 2012). She contributes regularly to Internazionale.it.

 

Teresa Almeida Cravo (Portugal)

Assistant Professor in International Relations at the Faculty of Economics of the University of Coimbra and a Researcher at the Centre for Social Studies. She is currently co-coordinator of the PhD Programme Democracy in the XXIst Century and coordinator of the Master’s degree in International Relations – Peace, Security and Development Studies, both at the University of Coimbra. She holds a PhD from the Department of Politics and International Studies of the University of Cambridge. In the last years, Teresa has been a Visiting Fellow at the University of Westminster, in the UK, at the University of Monash, in Australia, and a Predoctoral Fellow and later an Associate at the Belfer Center for Science and International Affairs, at the John F. Kennedy School of Government at Harvard University. Her research interests include peace and conflict, security and development, interventionism, and foreign policy, particularly within the Lusophone context.

 

Indictment London

INDICTMENT London Hearing 2018

July 2108 
This indictment is also available on PDF, please click here

The Defendant to this indictment is the British government (in its own right and as representative of the governments of the EU and of the global North).

Preamble
The Defendant government, together with the governments of the EU and the global North and the international financial institutions, pursues trade, investment, financial, foreign relations, and development which uphold a system of global exploitation that destabilises governments, causes armed conflict, degrades the environment and impoverishes and immiserate workers and communities in the global South, thereby forcing millions to leave their homes to seek safety, security and livelihood elsewhere.

Together with the other governments and institutions referred to above, through policies of deregulation, privatisation, welfare state retrenchment and outsourcing of government functions, marketisation and flexibilisation, it has enabled the restructuring of work and labour relations in the global North, creating acute insecurity and precarity, depressing real wages and conditions of work for most workers.

At the same time, through its labour and migration policies, which permit freedom of movement for capital and for citizens of the global North while denying such freedoms to the citizens of the global South, it has allowed employers to take advantage of the vulnerability of migrants and refugees as they attempt to enter the labour market, and has created a migrant and refugee underclass of illegalised, super-exploited, deportable workers.

Many non-British workers are excluded from access to workplace rights, minimum wage and other protections because of their undocumented status. Women, who make up a high proportion of these workers, are put at risk of sexual exploitation and abuse in addition to other forms of exploitation, which also directly and indirectly affect children and young people.

 

Charges

  1. The Defendant government has abdicated its international law obligations to protect workers and ensure decent working conditions and fair pay. It has enabled the entrenchment of exploitative labour practices and oppressive labour conditions in both the public and the private sector by repeatedly refusing pay rises to public sector workers while allowing managers to take obscenely high salaries; refusing to adopt a genuine living wage; failing to enforce minimum wage and other labour protection vigorously; encouraging or condoning companies’ use of zero-hours contracts, manipulation of ‘self-employed’ status, agency working, undermining of the right to organise and other actions which deny rights and protections to workers and employees.
  2. Within an impoverished and insecure workforce, it has ensured that migrant and refugee workers often remain super-exploited, marginalised and deprived of rights by legal and operational measures including:
    (i)        Failure (in common with virtually the whole of the global North) to sign or ratify the UN Migrant Workers’ Convention;
    (ii)       Failure (unlike many other states in the Global North) to ratify the ILO Domestic Workers’ Convention, and the removal of rights and security from domestic workers;
    (iii)     Legislation imposing employer sanctions for bosses employing undocumented workers, enforced by violent raids on, in particular, small ethnic minority employers, who can be fined up to £20,000 and even imprisoned for employing an undocumented migrant or refugee worker;
    (iv)      The creation of the criminal offence of illegal working, under the Immigration Act 2016, which allows for the confiscation of workers’ wages;
    (v)        The denial and/ or restriction of rights to work for asylum seekers;
    (vi)      Maintenance of a legal framework which excludes undocumented workers from protection against abuses including non-payment of wages, unfair dismissal and race and sex discrimination, which are particularly rife in the hospitality, leisure, service, agriculture and construction sectors;
    (vii)     Failure to provide sufficient resources for the Gangmasters and Labour Abuse Authority (GLAA) to enforce decent conditions of work;
    (viii)    Failure to provide legal aid in employment-related cases, and the removal of public funding for advice and assistance in these cases;
    (ix)      Combining enforcement visits by GLAA with immigration enforcement;
    (x)        Removal of European Economic Area (EAA) nationals who are destitute and who cannot find work;
    (xi)      The exemption of immigration removal centres from minimum wage legislation, enabling multinational security companies to profit both from the detention contracts and from the cheap labour of detainees.
  1. Meanwhile, the Defendant’s policies with regard to immigration and asylum have fostered racism, Islamophobia and nativism, and have deliberately created a ‘hostile environment’ for non-citizens which involves (in addition to the criminalisation of work) enforced destitution, denial of rights to housing and essential medical treatment, indefinite detention and deportation. These policies violate international human rights obligations to protect rights to life, to dignity, to physical and psychological integrity, to respect for private and family life, to liberty, and to protection from forced labour and from inhuman and degrading treatment. This has been achieved through:
    (i)        Increasingly restrictive visa policies which limit legal rights to enter and stay in the UK for work (for non-EEA or third-country nationals) to a small and diminishing number of highly qualified or corporate employees, with extortionate fees for issue and renewal;
    (ii)       Immigration rules and Home Office policy which treat domestic workers as the property of their employers;
    (iii)     The provision of no-choice, often squalid asylum accommodation to asylum seekers, who are required to live on an impossibly small weekly allowance;
    (iv)      Legislation requiring private landlords and agents to check immigration status before renting out accommodation;
    (v)        Legislation and policy that denies most refused asylum seekers, and undocumented migrants, any benefits or support, as well as any except emergency NHS hospital care;
    (vi)      The entrenchment of racialised viewpoints about migrants in the control system to the point that people of colour resident for decades are exposed to the suspicion of having no lawful right to reside, denied essential services, and threatened with enforced removal;
    (vii)     The removal of legal aid for non-asylum immigration cases;
  1. The Defendant, by policies which make it impossible to live without working and simultaneously making work illegal, forces vulnerable people to accept conditions of super-exploitation and total insecurity as the price of remaining in the country, and enables private companies to profit from such super-exploitation.
  2. Additionally, while EU free movement law recognises the importance of family unity for EEA nationals who move in order to work, the Defendant’s family reunion rules for non-EEA nationals (whether they are admitted as workers or as refugees) are extremely restrictive and result in long-term separation of families.

  3. These policies also work to the detriment of the rights of children, who are exposed to risks of exploitation and abuse when they attempt to migrate in their own right, or to hardship and destitution as a consequence of policies which deny public funds support to family migrants.
  4. At the same time, the Defendant government, in its own right and as an EU member state, facilitates the making of vast profits by security corporations through contracts for the border security regime, the housing of asylum seekers and for the detention and deportation of migrants, while overlooking or condoning brutality, racism and other human rights violations, criminal offences, fraud and negligence, committed by their agents against migrants and refugees, in fact rewarding them through the continuing award of such contracts.

- END-

Programme PPT Hearing Barcelona

Permanent Peoples Tribunal on the Violations of the Human Rights of Migrant and Refugee Peoples

Hearing on “Sites without rights”

29th, 30th June, 1st July 2018
Auditori Eduard Toldrà, Conservatori Municipal de Música (Bruc 110-112, Barcelona)

 

Presentation

In Europe, migrant and refugees have lived through the various stages of the building of Fortress Europe. They have seen Europe's policy of exclusion being constructed year after year – a policy that has resulted in a sweeping rollback of people's human rights; the encampments, forcible detention and deportation; and criminalisation at the militarised southern and eastern borders of Europe. Inspired by solidarity between migrants, refugees and other social movements towards equality and inclusive society, since 2017 a large number of migrants organizations and civil society networks active in the defence of human rights in Europe, called on the Permanent Peoples Tribunal (PPT), with the aim to give clear visibility to the migrant and refugee peoples from all backgrounds as subjects of fundamental human rights; to identify and judge the chain of co-responsibility in the violation of those rights experienced throughout the whole migratory journey and to urgently identify and promote appropriate mechanisms for access to justice. The PPT responded and opened the Permanent Peoples Tribunal Session on the Violations of the Human Rights of Migrant and Refugee Peoples in July 2017 in Barcelona. Since then, Hearings have been held in Palermo (December 2017) and Paris (January 2018). The Tribunal returns again to Barcelona for a new Hearing on “Sites without rights”, focusing on: Southern Border, Gender and Diversity, Minors and Youth, on June 29, 30 and July 1.

 

 

 

Co-Convenors: Transnational Migrant Platform Europe (TMP-E), Centro Filipino-Barcelona, RESPECT Network Europe; ECVC ‑ Coordinadora Europea de Vía Campesina; Associació Catalana per la integració d’homosexuals, bisexuals i transexuals inmigrants (ACATHI); Carovane Migranti; Centre Delàs, Comitato Verità e Giustizia per i Nuovi Desaparecidos; Entrepueblos/Entrepobles/Entrepobos; No Muri No Recinti, Espacio del Inmigrante; Fotomovimiento; Institut de Drets Humans de Catalunya; IRIDIA; Jo Sí Sanitat Universal, Mujeres Pa’lante; NOVACT; Observatorio de Multinacionales en América Latina (OMAL); Sindicato Popular de vendedores ambulantes; Stop Mare Mortum; SOS Racismo, SUDS; Tanquem els CIEs Barcelona; Transnational Institute (TNI); Asociación Pro Derechos Humanos Andalucía; Alianza por la Solidaridad; Tras la Manta; Unitat contra el feixisme i el racisme (UCFR), Taula de defensa dels drets de les treballadores de la llar, la neteja i les cures, Womens Link.

 

Programme

Friday 29th June (19h ‑ 21h)

Welcome from the City Council of Barcelona

Honourable Mayor of Barcelona, Ada Colau (to be confirmed)

Welcome from Convenors

Ms. Jille Belisario, Transnational Migrant Platform - Europe

Mr. Federico Pacheco, La Vía Campesina - Europe

Intervention from Casa Nostra Casa Vostra

Local authorities’ initiatives

Ms. M. Dolores López Fernández, Commissioner of Immigration, Interculturality and Diversity, Barcelona City Council

Intervention of the Permanent Peoples Tribunal

Mr Gianni Tognoni, General Secretary of the Permanent Peoples Tribunal

Saturday 30th June

9.00 ‑ 9.45

Register of Participants

10.00 – 11.00

Introduction of the Tribunal Mr. Gianni Tognoni, General Secretary of the Permanent Peoples Tribunal, Mr. Juan Hernández Zubizarreta and Ms. Beatriz Plaza

GENDER AND DIVERSITY AXIS

Organisations presenting the axis: Mujeres migrantes diversas, ACATHI, Stop Maremortum, Yo sí sanidad universal/PASUCAT, No muri No recinti, Women’s Link, Casa Delle Donne, Non Una di Meno Genova, APDHA, KASAPI & MELISSA-Grecia, Waling-Waling Campaign for Rights of Migrant Domestic Workers-UK, Women in Exile, Centro Filipino de Barcelona, Mujeres pa'lante, Alianza contra la Pobreza Energética, Unitat Contra el Feixsme i el Racisme (UCFR)

With the support of: Ms. Carmen Miguel Juan and Ms. Teresa Palomo

11.00 ‑ 14.00

Axis on Gender and Diversity. Part 1

 

Presentation

Ms. Carmen Miguel Juan

 

Violence in transit

 

Ventimiglia (Ms. Ariela Lacometti, Non Una di Meno Genova)

 

Women migrants from Eritrea (Ms. Ribka Sibbatu)

11.30 ‑ 12.00

Break

 

Women migrants from Nigeria (Ms. Giulia Fiordelli)

 

Women in transit to Greece (Stop Maremortum)

 

Refugee women forced to work in the camps (Ms. Carolina García, Women in Exile)

 

Testimony (Ms. Elisabeth Ngari)

Refugee Women in Greece (Ms. Debbie Valencia and Ms.Ida Iva Sadedini, KASAPI, MELISSA-Greece)

 

Trafficking of women for sexual exploitation and custody of minors

 

Trafficking and forced separation from children (Ms. Estefanny Molina, Women’s Link)

 

Questions of the Jurors

 

Work violence & Struggles

 

Cross-border Workers (“porteadoras”) (Ms. Cristina Fuentes, APDHA)

Domestic workers and work in the care sector (Mujeres migrantes diversas, Centro Filipino de Barcelona, Migrant Domestic Workers-UK-Angie Garcia), Mujeres pa’lante)

 

workers in the strawberry sector in Huelva (Ms. Teresa Palomo)

 

Questions of the Jurors

14.00 ‑ 15.00

Lunch (catering by local migrant organisations)

15.00 – 16.30

Axis on Gender and Diversity. Part 2

 

Social rights

 

Health and reproductive rights (Yo Sí Sanitat Univesal, PASUCAT)

 

Housing and energy poverty (Ms. Cecilia Carrillo, Alianza contra la Pobreza Energética, and Ms. Sandra Casanova)

 

Questions of the Jurors

 

Symbolic violence

 

Gender Islamophobia (Ms. Fatiha Al Mouali , UCFR)

 

LGTBI migrant people (Mr. Rodrigo Araneda (ACATHI)

 

Questions of the Jurors

16.30 – 16.45

Break

AXIS ON MINORS AND YOUTH

Organisations presenting the axis: Espacio del Inmigrante, Centro Filipino de Barcelona

Cases on unaccompanied minors in Barcelona.

16.45 – 17.45

Minors and Youth

 

Presentation

Ms. Raquel Prado

 

Demands (Ms. Natalia Caicedo, Espacio del Inmigrante)

 

Testimonies

 

Questions of the Jurors

Sunday 1st July

SOUTHERN BORDER AXIS

Organisations presenting the axis: NOVACT, IRIDIA, Sindicato Popular de Vendedores Ambulantes, Alianza por la Solidaridad, Observatori DESC, Fotomovimiento, Collectif Des Femmes Migrantes Au Maroc – COFMIMA, Women’s Link, SOS Racisme, Centre Delàs, Tanquem els CIEs, Alianza por la Solidaridad, APDHA.

10.00 ‑ 11.30

Southern Border Axis. Part 1.

Presentation

NOVACT and Fotomovimiento

Morocco (Ms. Jara Henar, Alianza por la Solidaridad)

Testimonies (Collectif des Femmes Migrantes au Maroc, por video)

Sea border and Fence (Ms. Ana Rosado, APHDA)

Isla Mar Case (Ms. Estefanny Molina, Women’s Link)

Testimony (Mr. Sani Ladan, ELIN)

 

Questions of the Jurors

11.30 ‑ 12.00

Break

12.00 ‑ 14.00

Southern Border Axis. Part 2.

 

Tarajal case (Mr. Marco Aparicio, Observatori DESC)

 

Arrival and 72 hours (IRIDIA)

 

Detention Centres and express deportations (Tanquem el CIE)

 

Testimony (Mr. Elhadj Thierno Fata Boye)

 

Institutional racism and ethnic profiling (SOS Racisme)

 

Testimony (Sindicato Popular de Vendedores Ambulantes)

 

Participation of private actors (transnational corporations and other military and security companies) (Ms. María Soler, NOVACT)

 

INDRA case (Mr. Jordi Calvo (Centre Delàs)

 

Questions of the Jurors

14.00 ‑ 15.30

Lunch (catering by local migrant organisations)

15.30 – 16.45

Intervention of the Jurors of the Tribunal

16.45 ‑ 17.00

Comments to the hearing from Civil Rights perspective

Mr. Jaume Asens, Third Deputy Mayor, Manager’s Office of the Area of Citizen Rights, Culture, Participation and Transparency Barcelona City Council

17.00 ‑ 17.15

Closure

Mr. Gianni Tognoni, General Secretary of the Permanent Peoples Tribunal

Facilitators of the Hearing

Ms. Iolanda Fresnillo (Cooperativa Ekona), Mr Braulio Alfonso Moro (France Amérique Latine) and Mr David Bondia (Institut de Drets Humans de Catalunya).

 

Sentence Paris

The series of hearing in this Session are focused on the facts and responsibilities documented on the violations of the fundamental human and peoples’ rights occurred at the external and internal frontiers of the European Union, and more specifically of its member States, Italy.

The contents and the conclusions of the two Sessions must be considered as complementary contributions to the PPT in depth investigations and qualifications of the crimes included in the original Act of accusation which constitutes the general framework of the whole process.

The richness of the direct testimonies presented to the PPT by the representatives of the people of migrants and refugees, as well as the technical analytical reports submitted orally and in written or audiovisual form on the political and juridical responsibilities of the Actor States, have consistently confirmed the evidence of a systematic policy of criminal behaviors of the EU and of the member states considered in the procedure.
Other hearings and Sessions of the PPT are in preparation to be implemented in the course of 2018 according to the agenda which will be presented on the PPT webpage over the next few weeks.

Download the Sentence of the PPT – Paris, January 4-5, in French and Spanish

The English version of the Sentences will be online as soon as we have the translation.

The Sentence and more information about other hearing of the PPT please click here 

Jury PPT Hearing Palermo

The Tribunal’s international jury is composed of:

Franco Ippolito (Italy): Judge and president of thePPT Philippe Texier (France): Judge and vice-president of the PPT
Carlos Beristain (Spain): Doctor and psychologist, expert in human rights and political memory
Donatella Di Cesare (Italy): Philosopher and teacher at the Università la Sapienza di Roma and the Normale di Pisa
Luciana Castellina (Italy): Former member of the Italian and European Parliament, journalist and writer Francesco Martone (Italy): Former Senator, expert on International Relations, Pacifism and Human Rights Luis Moita (Portugal): Professor of International Relations, Università Autonoma di Lisbona

Panel of Judges

Panel of the Judges

Bridget Anderson (UK)

Bridget Anderson is Professor of Migration and Citizenship and Research Director at COMPAS. She has a DPhil in Sociology and previous training in Philisophy and Modern Languages. She has explored the tension between labour market flexibilities and citizenship rights, and pioneered an understanding of the functions of immigration in key labour market sectors. She is the author of Us and Them? The Dangerous Politics of Immigration Controls (Oxford University Press, 2013) and Doing the Dirty Work? The Global Politics of Domestic Labour (Zed Books, 2000). She coedited Who Needs Migrant Workers? Labour Shortages, Immigration and Public Policy with Martin Ruhs (Oxford University Press, 2010 and 2012), The Social, Political and Historical Contours of Deportation with Matthew Gibney and Emanuela Paoletti (Springer, 2013), and Migration and Care Labour: Theory, Policy and Politics with Isabel Shutes (Palgrave Macmillan, 2014). Bridget Anderson has worked closely with migrants’ organisations, trades unions and legal practitioners at local, national and international level.

Jennifer Susan Chiriga (Zimbabwe)

A national of Zimbabwe, Jennifer Chiriga has has over 30 years of accumulated work experience spread across government and the development arena. She has executive management experience and has worked extensively on civil society capacity-building strategies. Ms Chiriga has a broad spread of international experience. She was a fellow of the Africa–Asia Transitional Justice Fellowship Programme, an internationally recognised programme run jointly by the Institute for Justice and Reconciliation (IJR) in South Africa and the International Centre for Transitional Justice (ICTJ). She joined the African Union Commission in 2010 as a Program Expert in the Strategic Planning Department, and from June 2014 was appointed Deputy Chief of Staff in the Bureau of the Chairperson, later becoming Chief of Staff (April 2015 until March 2017), a leadership role focused on facilitating inter-departmental and inter-agency relationships, as well as being the focal point in coordinating interaction with AU Member States as well as the international community. Currently Advisor on Partnerships, to the CEO of NEPAD Agency in Johannesburg, South Africa.

Leticia Gutiérrez Valderrama (Mexico)

She is a missionary and human rights defender for migrants and refugees, winner of the National Prize for Human Rights, Sergio Mendez Arceo in 2017. She is currently Director of SMR, Scalabrinians: mission with Migrants and Refugees. She was Executive Secretary of Pastoral of Human Mobility at the Mexican Episcopal Conference 2007-2013. Her work began with women in the field of labor protection. Today, in conjunction with the Scalabrinian Mission for Migrants and Refugees SMR, she accompanies migrants and their human rights defenders, who for their solidarity with this vulnerable group have suffered different attacks. She holds a degree in International Commerce from the University of Guadalajara and in Social Philosophy with a specialization in Human Mobility from the Universidad Pontificia Urbaniana in Rome, Italy.

Carlos Martín Beristáin (Spain)

A medical doctor and holder of a doctorate in social psychology, he teaches on the European Masters in International Humanitarian Aid. He coordinated the Guatemala. Nunca Más report and has advised truth commissions in Peru, Paraguay and Ecuador. He has worked as a mental health adviser for International Peace Brigades in El Salvador, Guatemala and Colombia. For 25 years he has worked with victims of violence and war in various countries in conflict, with human rights groups and displaced and refugee communities, torture survivors and the relatives of the disappeared. He was the medical and psychosocial assessment expert in six cases before the InterAmerican Court of Human Rights. In various cases he was a consultant to the International Criminal Court on working with victims. He is the author of many books on psychosocial work and care for the victims of human rights violations.