AmnestyHRDAO researchpaper Aug

Invariably, nations around the world experiencing a political transition consider, and often implement, a program of amnesty along with a truth and reconciliation commission, a war crimes tribunal, or even both. Those supportive of amnesty as an element of a country’s transitional justice portfolio often argue that it catalyzes participation in a truth and reconciliation commission. Those who receive amnesty early in a transitional justice process may be more forthcoming in regard to their role in alleged atrocities in testimony to a truth and reconciliation commission, cognizant of the fact that they will not be prosecuted for their actions. On the other hand, opponents of amnesty often claim it creates, or perhaps perpetuates, a sense of impunity as a new government tries to instill a “rule of law” culture, and amnesty for alleged perpetrators will weaken that new government’s public standing. This paper will argue that amnesty remains a vitally important tool and merits continued consideration by governments in search of a peaceful transition, but its implementation requires extraordinary delicacy. Specifically, the effectiveness of amnesty is directly related to the involvement of the public in configuring the amnesty program and having input as specific amnesty cases are reviewed. Its effectiveness is also tied to the ability of the judiciary to find ways to hold accountable those actors who do not receive amnesty, so that the amnesty itself carries some more meaningful weight. Keywords: truth and reconciliation, amnesty, transitional justice, restorative justice, impunity, public engagement, public referendum, judiciary, retributive justice, war crimes tribunal

2012

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute ...

ROLE OF AMNESTY INTERNATIONAL IN INTERNATIONAL HUMAN RIGHTS: Case of Amnesty International Introduction: Amnesty International began with one man's outrage and his courage to do something about it. After learning of two Portuguese students imprisoned for raising a toast to freedom in 1961, British lawyer Peter Benenson published an article, “The Forgotten Prisoners” in the Observer newspaper. Mission Amnesty International's mission is to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination, within the context of its work to promote all human rights. Amnesty International protects and empowers people – from abolishing the death penalty to protecting sexual and reproductive rights, and from combating discrimination to defending refugee rights. Amnesty International speaks out for anyone whose freedom and dignity are under threat. When human rights are denied, Amnesty International won’t be silent. Amnesty International will continue to campaign relentlessly – both at home and globally – to give a voice to those who’ve had theirs taken away. BELIEFS: Amnesty International believes all human beings are born with equal and inalienable rights and fundamental freedoms. How it has contributed to international human rights: SUCCESSES: Historical timeline Since 1961 till today, Amnesty International has championed the cause of human rights in all aspects globally. Its successful achievements include but not limited to the following: - Global promotion of Human Rights: Shining a light on human rights abuses - Treaty on the abolition of Torture - Millions of political prisoners have been freed around the world as result of Amnesty International hard work and massive campaigns. - Liberation of Aung San Suu Kyi - Refugees rights, Women rights, Abolition of female genital mutilation, Human rights of people living with HIV infection, Combat against Trafficking in persons (TIP),… - The Prisoner of Conscience Fund is established to provide relief to prisoners and their families. An Amnesty International observer attends the trial of Nelson Mandela. The first annual report is published, highlighting the cases of 210 prisoners taken up by 70 groups in seven countries. Amnesty International reaches a milestone, with 2 million members and many more supporters worldwide. 2006 Amnesty International’s Control Arms campaign achieves a major victory when the UN votes overwhelmingly to start work on a treaty. The millionth person to post a picture of on the Control Arms Million Faces web petition calling for an Arms Trade treaty presents the petition to UN Secretary General Kofi Annan. Amnesty International launches an emergency campaign for Darfur, calling for a robust peacekeeping response from the UN. Amnesty International exposes human rights violations in the Israel/Lebanon conflict. Irene Khan accepts the City of Sydney Peace Prize on behalf of Amnesty International family and millions of human rights activists around the world. Nelson Mandela accepts Amnesty International’s Ambassador of Conscience award and congratulates Amnesty International for making the struggle against poverty its new focus. The UN International Convention for The Protection of All Persons from Enforced Disappearance is adopted, following Amnesty International’s campaign. The UN Human Rights Council is established to replace the Commission on Human Rights, Amnesty International called on all governments, in particular the USA, to support the Council. 2007 The UN General Assembly adopts the first-ever resolution calling for a global moratorium on the use of the death penalty, following campaigning by Amnesty International and its partners in the World Coalition Against the Death Penalty. 2008 Amnesty International’s campaign on the Bejing Olympics provides an opportunity to review China’s human rights record and assess China’s progress. Amnesty International celebrates the 60th Anniversary of the Universal Declaration of Human Rights with Fire Up! on Human Rights Day where people gather all over the globe to light a candle, fire or flame as part of a mass demonstration. The UN General Assembly adopts the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, following Amnesty International and its NGO partners’ campaign. 2009 Amnesty International launches the Demand Dignity campaign to end the economic, social and cultural rights violations which, with civil and political rights abuses, combine to drive and deepen poverty. Amnesty International assists local African NGOs in their work to hold governments to account by publishing A guide to the African Commission Guide on Human and Peoples' Rights. Amnesty International’s Ambassador of Conscience award goes to Daw Aung San Suu Kyi, leader of the Myanmar opposition party the National League for Democracy. 2010 Salil Shetty is appointed Secretary General of Amnesty International. Amnesty International works with the Dongria Kondh, an indigenous community in Orissa, India, to prevent the Vedanta mining company from evicting them from their traditional land. Following these efforts, the Indian government rejects plans for a mine project. 2011 Amnesty International reaches a new milestone, with more than 3 million members, supporters and subscribers in over 150 countries and territories in every region of the world. Amnesty International celebrates its fiftieth anniversary with worldwide toasts to freedom, replicating the toast of the imprisoned Portuguese students who inspired Peter Benenson to found Amnesty International. HOW IS AMNESTY INTERNATIONAL FUNDED: Amnesty International is funded by the contribution of its members. It organises numerous fundraising campaigns throughout the year to meet its different goals. It is however open to receive funding from bonafide local and international donors. Failures and criticism: Like all the organisations, Amnesty International did not only achieved successes, it also counts some failures and criticisms: - Many countries around the world strongly believe Amnesty International produces bias reports depending of which country it is dealing with. That seems to be true in certain cases. Among the countries who believe so are the following: Israel, DRC, even Cameroon recently with regards to its legitimate fight against both Boko Haram and against the secessionists in the South West and North West provinces. It is somehow curious how Amnesty International describes the word victims. Many African citizens believe that sometimes especially when a crisis is taking place in Africa, Amnesty International only considers one sided story, with the only aim to weaken the government thus destabilise the country. This allegation is supported by the fact that the rebels and the terrorists kill innocent civilians in dozens every day and Amnesty remains silent. But when the government arrests or kills these rebels, Amnesty International writes a report against such government and send such reports to the UN. In Africa today the assassination of Muammar Al Gaddafi is considered a serious case of human rights abuse for which none of the International human rights organisations said a word to condamn it. There is the allegation that Amnesty International prefers to select its sources among the armed rebels or the confirmed terrorists than to have them among the civilians when it comes to African crisis. Amnesty International recognises as “victims” armed rebels and terrorists and called them “innocent civilians” in its reports, making it impossible for true innocent civilians in Africa (who know very well who is their abusers) to trust its actions these days on the continent. That is why in spite of its outstanding achievements in the past, there is a growing dislike of Amnesty International among the concerned citizens in many African countries today. Remarks: It is forever true that many victims of human rights abuse in the world owe their freedom to the Action of Amnesty International who remains the most influencial human rights organisation in the world today. In Africa human rights is a serious issue for which we need more actions of Amnesty International. African youths wants freedoms and human rights, but not at the expense of their countries' sovereignty. African youths want actions that do not undermind neither the authority of African States, institutions, nor African countries sovereignty. Africa today is 70% youths, and these youths see every action that undermines national sovereignty as a sign of the return to imperialism. And these youths are absolutely opposed to that. Christian Romeo NJIA (IBA Student) Sources: Amnesty International's 50 year history (Links to an external site.)Links to an external site. https://www.amnesty.org.au/what-we-do/ (Links to an external site.)Links to an external site. https://en.wikipedia.org/wiki/Criticism_of_Amnesty_International (Links to an external site.)Links to an external site. http://www.lejdd.fr/International/Amnesty-et-terrorisme-liaisons-dangereuses-658506 (Links to an external site.)Links to an external site. http://www.eode.org/ce-samedi-soir-13-janvier-2018-sur-afrique-media-le-merite-panafricain-avec-luc-michel-extradition-de-ayuk-tabe-et-des-terroristes-ambazoniens-manif/

Springer eBooks, 2022

Amnesty International is a nongovernmental organization that campaigns for a world built upon the pillars of human rights and equality ensured among all. The amnesty report 2009 constitutes official documents stating the conditions of human rights being exercised during year 2008 in around 150 countries across the world.

SSRN Electronic Journal, 2000

Two pieces of legislation form the cornerstones of modern immigration reform. The first, the Immigration Reform and Control Act ("IRCA"), was enacted by Congress and signed into law by President Ronald Reagan in 1986.1 IRCA was proclaimed as a major step towards reform and was touted as the solution to the problem of illegal migration. 2 The second, the Immigration Act of 1990 ("IMMACT 90"), 3 attracted far less attention, except from those who closely follow immigration law. IMMACT 90 was seen as the central reform of the legal migration system, specifically the portion of the Act concerning those who may become permanent residents. 4 Two important components of IRCA were the employer sanction and legalization provisions.' The employer sanction provisions imposed penalties *Professor of Law, University of California, Hastings College of the Law. This Article is dedicated to my father, William P. Boswell, who dedicated his entire life to the principle that justice, fairness, and kindness should be the driving forces in all human interaction. I also acknowledge the helpful commentary by my colleague and friend Marie Gallagher. This Article could not have been completed without the helpful assistance from Hillary Hardcastle of the Hastings Law Library and my research assistant, Amy Leung. Finally, I could not have completed this project without the constant encouragement and support from my partner in life, Karen Musalo. 'See Pub. L. No, 99-603, 100 Stat. 3359 (1986) (codified as amended in scattered sections 8 U.S.C.).

PaCo, 2021

The article analyses the new law decree on regularisation introduced in Italy during the Covid-19 crisis, which subsumes human rights protections for sans papiers to the economic imperatives of labour market needs. The new law decree in fact seems to be in line with a more utilitarian logic, oriented towards the preservation of productive sectors at risk. Apparently, those who up until now have been invisible, neglected, and forgotten have suddenly become essential, at least in the numbers necessary to provide for the needs of the labour market. The work presented here examines the Italian context before, during and after the application of the amnesty, which saw the regularization of a limited number of migrants working in the agricultural sector. We intend to argue here that the regularization put into practice by the Italian government must be critically challenged, both in the premises and in the effects produced.

2009

2016

The overall objective of the study is to critically interrogate the amnesty and the political settlement leading to it, in terms of perceptions, discourses and conversations that undergird it; the nature of bargains, understanding and consensus constructed around it; the content and methods of the Amnesty; the nature of inclusiveness, equity, justness and gender sensitivity; the levels of legitimacy and sustainability of the settlement; the challenges of compliance, implementation and accountability, and the impacts on violence mitigation, conflict resolution, peace building and state building. This monograph presents some of the interim findings of a comprehensive study of the Amnesty for Peace programme. The general objective of the research is to assess the impacts, challenges and sustainability of the amnesty programme and the political settlements leading to it, as a strategy of conflict resolution and peace building at the sub-national level. The study attempts to critically interrogate the content and methods of the Amnesty on the basis of issues of inclusiveness, equity, justice, gender sensitivity; legitimacy, management, challenges, sustainability and impacts on violence mitigation, conflict resolution and peace-building, and nation-building and national stability. Beyond a critical investigation of the Amnesty and its DDRR C P E D M o n o g r a p h S e r i e s 2 0 1 6 iv programme against standards, objectives, best practices and comparative experiences, the study investigates the comprehensiveness, participatory and action basis of the Amnesty; the poor focus on the dynamic capture of the socio-political processes which shape the Amnesty; the specific linkages between political settlements, state and peace building; the linkages between amnesty, justice and peace-building and the basis and prospects for sustainable peace and security. We are particularly grateful to the Governance, Security and Justice Program of IDRC and the Carnegie Corporation of New York for the support to CPED which has enabled the Centre to carry out the study and the publication of this policy document.

SSRN Electronic Journal, 2004

2.6.2 Monetary reparations 17 2.6.3 Other forms of reparation 18 2.7 Amnesty defined 18 2.7.1 Types of amnesty 18 2.7.2 Related concepts: pardons, immunity and impunity 19 2.7.3 Amnesty in international law 20 2.8 Conclusion 21 CHAPTER 3: NATIONAL APPROACHES TO AMNESTY 3.1 3.4.2 Pre-TRC Indemnity Acts 3.4.3 The AZAPO decision 28 3.5 Moçambique: a case of collective amnesia 28 3.6 The approaches: preliminary assessment 3.7 Conclusion CHAPTER 4: DECIDING AN AMNESTY CASE 4.1 4.3.1 Substantive rights 32 4.3.2 Making the claims for a remedy 33 4.4 Expanding Charter standards 4.5 Framing the complaint: applicable law 34 4.6 Amnesty under the Charter: its limits 35 4.6.1 General state obligations 4.6.2 Right to judicial protection 36 4.6.3 Right to justice 36 4.6.4 Right to truth 37 4.6.5 Amnesty and impunity 38 4.7 Countering the claims vii 4.7.1 Affirming sovereignty 39 4.7.2 Confronting subsidiarity arguments: margin of appreciation 4.7.3 National constitutions and the Charter 4.8 Finding a level of compliance: acceptable amnesty? 4.9 Conclusion 43