Laurel E. Fletcher

Violence and Social Repair: Rethinking the Contribution of Justice to Reconciliation

Close relatives and friends are dead or missing. Homes lie in ruins. Property has been destroyed. With everybody experiencing trouble, severe privations and physical suffering, it is still something altogether different whether one retains a home and household goods or has been ruined by bombs; whether he sustained his suffering and losses in combat at the front, at home, or in a concentration camp; whether he was a hunted.., victim or one of those who, even though in fear, profited by the regime .... Men have come to the limits of humanity and returned home, unable to forget what really was .... The suffering differs in kind, and most people have sense only for their

Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective

Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system component may influence the outcome of these interventions. We offer principles that can guide institutional development, scholarship, and policy prescriptions in the area of transitional justice.

Latino Workers and Human Rights in the Aftermath of Hurricane Katrina

This Article describes a research project designed to assess the vulnerabilities of Latino workers employed in rebuilding New Orleans during the aftermath of Hurricane Katrina. Professors Fletcher, Pham, Stover and Vinck analyze the results, examining legal and human rights issues including job security, safety, fair pay, discrimination, and access to adequate housing and health care. To assess the problems that these

Inequalities and Prospects: Ethnicity and Legal Status in the Construction Labor Force After Hurricane Katrina

The arrival of Latino immigrant workers and the weakening of federal labor regulations after Hurricane Katrina raised concerns about labor conditions and workers’ rights. We carried out a survey of workers at 212 randomly selected addresses in the city of New Orleans, successfully interviewing 212 out of 351 workers approached (40% refusal rate). Workers were asked about their demographic, employment, and health characteristics, as well as violations of human rights they may have experienced. The survey was supplemented with in-depth qualitative interviews with Latino workers and key informants in Louisiana and Mississippi. Our study showed that Latino workers, particularly undocumented workers, experienced lower wages, more nonpayment of wages and/or overtime wages, and fewer worker protections than non-Latino workers. The poorer treatment of Latino and undocumented workers is thought to reflect employers’ perception of them as a disposable labor force. Indeed, few of the workers who arrived after Katrina, and especially low percentages of Latinos and undocumented workers, intended to settle in New Orleans.

New perspectives on old patterns: forced migration of Haitians in the Dominican Republic

This unique, interdisciplinary study utilises demographic data as well as interviews to identify patterns of the forced migration and experiences of Haitians and Dominicans of Haitian descent who left the Dominican Republic and entered Haiti between August 1999 and July 2000. While forced migration of Haitians from the Dominican Republic is the subject of reports and international legal proceedings, there has been little quantitative data on this sensitive issue. This study offers the first statistical analysis of migration flows through a demographic assessment of this vulnerable population. We present several key findings regarding the patterns in the outflow, the characteristics of the population, and the treatment of those expelled by Dominican government officials. Our research indicates that those leaving the country are not afforded due process and frequently suffer abuses at the hands of government officials. These findings challenge many prevailing assumptions about the profile and treatment of this population. The study proposes measures to improve the migration system between the two countries so as to reduce the vulnerability to human rights deprivations of Haitians in the Dominican Republic.

Human Rights and Mass Disaster: Lessons from the 2004 Tsunami

This paper describes the results of an investigation into how the December, 2004 tsunami and its aftermath affected the human rights of the survivors. Teams of researchers interviewed survivors, government officials, representatives of international and local non-governmental organisations, UN officials, the military, police, and other key informants in India, Sri Lanka, the Maldives, Indonesia, and Thailand. We also analysed newspaper articles, reports released by governments, UN agencies, NGOs, and private humanitarian aid groups, and we examined the laws and policies related to survivors’ welfare in the affected countries. We found worsening of prior human rights violations, inequities in aid distribution, lack of accountability and impunity, poor coordination of aid, lack of community participation in reconstruction, including coastal redevelopment. Corruption and pre-existing conflict negatively impact humanitarian interventions. We make recommendations to international agencies, states, and local health service providers. A human rights framework offers significant protection to survivors and should play a critical role in disaster response. Asia Pac J Public Health 2007; 19(Special Issue): 52–59.

The Right to a Remedy for Enforced Disappearances in India: A Legal Analysis of International and Domestic Law Relating to Victims of Enforced Disappearances

The practice of enforced disappearance has reached a global scale, and India is not immune to this human rights violation. Individuals and communities in several Indian states have been targeted for enforced disappearance and suffered injury as a consequence. Simultaneously, international law continues to develop norms to prevent, prohibit, and redress enforced disappearances. As a sovereign state in a global context, India has assumed some, but not all, of these international legal obligations. In order to assist advocates in developing strategies to promote redress for the victims of enforced disappearance, including women placed in the precarious position of losing their family breadwinners, this paper analyzes the international law applicable to enforced disappearances, examines Indian law in light of these international standards, and points to areas where advocates can use international legal standards to argue for reforms to Indian law and policy.This paper proceeds in eight parts. First, it places enforced disappearances in its historical context. Second, it discusses the development of the International Convention for the Protection of All Persons from Enforced Disappearance, a recent treaty that significantly shapes modern international law on enforced disappearances. Third, it examines the international human rights framework for enforced disappearances in India. Fourth, it discusses India’s obligations under international humanitarian law, specialized law that applies during times of armed conflict. Fifth, it reviews the relationship between international human rights law and international humanitarian law, and explores the applicability of these bodies of law to enforced disappearances. Sixth, it examines the international right to a remedy and the various forms that remedies may take. Seventh, it analyzes Indian domestic law against the backdrop of India’s international legal obligations. This analysis offers Indian activists guidance in considering the role that international norms may play in developing an advocacy strategy to promote redress for victims of enforced disappearances and torture. Part eight concludes.This Working Paper was prepared by students in the International Human Rights Law Clinic under the supervision of Laurel E. Fletcher. Angana Chatterji, Co-Chair of for the Project on Armed Conflict Resolution and Peoples Rights (ACRes), Center for Social Sector Leadership, Haas School of Business at the University of California, Berkeley and Mallika Kaur, Director of Programs, ACRes provided helpful comments. Clinical Fellow Katrina Natale ’15 gave invaluable editorial assistance. We thank Olivia Layug, Associate Administrator for Berkeley Law’s clinical program for her help with production.