October 2019 – UAB Institute for Human Rights Blog

Young Activists and the Burden of Change

Two girls smiling and holding up peace signs. — Children. Source: Shazron, Creative Commons

What would you do if you felt like the whole world was on your shoulders before you were even old enough to vote? Many children have faced this exact question, some of which have been acknowledged for their extraordinary efforts to make the world a better place. Malala Yousafzai. Greta Thunberg. Emma González and David Hogg. These are only few from a long list of young activists who have made great sacrifices in hopes of creating a better future for themselves and future generations.

For many, seeing children give up so much for something they are passionate about is greatly motivating. Children’s willingness to put themselves at risk for the greater good often make adults feel like they should be doing more to make a difference or that they have been underestimating the problem the entire time.

That being said, why should children have to make sacrifices in order to convince adults to change? Should the burden of change ever be placed on a child’s shoulders?

Why do they feel the need to get involved?

When discussing this issue, it is important that we consider what is causing so many young people to feel the need to take on the serious responsibilities that come with activism. It may speak to the severity of an issue when the members of society with the least responsibilities for the problems we face are the ones leading the charge for progress or, possibly, because they are the ones dealing the brunt of the impact of change.

Greta Thunberg, a sixteen-year-old environmental activist, skips school on Fridays in order to “protest outside Swedish parliament buildings, pressuring the government to pass legislation that would reduce carbon emissions in line with the Paris Agreement”. These efforts interfere with her right to an education which is recognized in Article 26 of the United Nations Universal Declaration of Human Rights and Article 28 of the Convention on the Rights of the Child). When asked about her message for world leaders at the UN Climate Action Summit, said, “You are failing us. But the young people are starting to understand your betrayal. The eyes of all future generations are upon you. And if you choose to fail us, I say: We will never forgive you. We will not let you get away with this. Right here, right now is where we draw the line. The world is waking up. And change is coming, whether you like it or not.”

Personal Connections to the Issue

For many child activists, their membership in a community that is particularly or uniquely impacted by an issue contributes to their involvement whether it is by participation or choice. Consider the activists from Marjory Stoneman Douglas High School in Parkland, Florida. Their activism began as a response to their experiences as survivors of a school shooting. Many of the activists have attributed much of their drive for promoting gun-reform to their feeling that adults are not doing enough (or are even making the problem worse). Cameron Kasky, an 11th grader at the school, said, “The adults know that we are cleaning up their mess.” Emma González added onto this, stating, “It’s like they’re saying, ‘I’m sorry I made this mess,’ while continuing to spill soda on the floor.”

In other cases, children carrying the burden of change are from marginalized groups who are disproportionately impacted by a given issue. Malala Yousafzai grew up in Pakistan, where her father was a teacher who ran a school for girls. In 2008, the Taliban overtook the town she lived in and put many harsh restrictions in place, one of which was declaring that girls could no longer attend school. Yousafzai spoke out against this and in support of girls’ right to an education (which is recognized as a right in Article 10 of the Convention on the Elimination of All Forms of Discrimination Against Women). In 2012, at the age of 16, Malala was shot in the head by a masked gunman in response to her activism. She knew that speaking out was dangerous but took the risk, because she knew, firsthand, how girls are affected when refused their right to an education.

Children should not have to lead the fights for their own rights and well-being, especially when it involves risking their lives.

Greta Thunberg sitting in a chair and being interviewed. — Greta Thunberg at the Parliament. Source: European Parliament, Creative Commons

Harmful Responses

One way in which heavy involvement in efforts for change has been harmful for children is the way people who disagree often begin to treat them. While Ruby Bridges was not an activist at the time, she still faced serious backlash when she became the first African American to attend a school that had previously only enrolled white students. Throughout her first year at her new school, there were mobs of people in front of the building every day protesting her attendance. People were angrily pointing and shouting at her as she was escorted into school every day. In an interview for NPR, she shared that some people would bring a baby-sized coffin with a black doll inside, and she would have to walk by it every day. This frightened her so much it gave her nightmares. She was simply a little girl going to school, but it was as if people stopped seeing her that way.

With the rise of social media in recent years, children who are part of social change or activism are more aware of people’s responses to them than ever before. Some adults, angered by the actions of these children for one reason or another, flock to websites like Twitter to air their grievances, seemingly without any consideration for how their words might impact the children involved. As her work has become more well-known, Greta Thunberg has faced much cruelty from adults. In August, Thunberg was traveling across the Atlantic Ocean on a high-tech racing yacht (to decrease her contributions to greenhouse emissions) to spread awareness of climate change. Arron Banks, multimillionaire and co-founder of Leave.EU, tweeted her picture with the caption, “Freak yachting accidents do happen in August…”. Others have mocked her for having Asperger’s syndrome or for displaying its symptoms.

The long-term negative impact that internalizing these kinds of harsh words and actions can have pose a threat to a child’s mental health. Article 25 of the United Nations’ Universal Declaration of Human Rights states that all people have the right to live in an environment that supports their health and well-being.

What Do We Do?

How do we deal with this issue? It is not so simple as to say that kids should be kept out of political conversations altogether. Many children live with certain aspects of their lives that require political conversations. If a child’s parents are a same-sex couple, the parents need to be able to talk to their child about the way some people treat the LGBTQ+ community. This conversation cannot be had without at least some political themes. People of color need to be able to talk to their children about certain topics which are considered political in order help keep them safe.

These conversations should not be limited to parents and children who are directly impacted by political issues. Children with privilege should not be kept ignorant of these serious issues, as gaining knowledge about marginalized groups can help them develop empathy. Additionally, children who are impacted by political issues should not be alone when having to face the difficulties of learning about these issues.

It is also important to recognize that exposure to conversations about political issues at an early age can lead to increased political engagement as an adult. Hearing their parents/guardians talk about different topics communicates to children (whether directly or indirectly) that these issues matter and have value. Political discourse that highlights the importance of such issues can, therefore, teach children to value political engagement.

One thing that we can do is spread awareness about how heavy participation in political activism can impact children, particularly their mental health. We can hold ourselves and our peers accountable for the things we say online (or in-person), hopefully decreasing the amount of mocking and bullying that children experience through the actions of adults. We can also respond to their cries for action by working toward progressive social change so that they do not have to do our job for us.

Kashmir Crisis: How the World is Reacting

A child peeking out of torn plastic from a window — Source: Kashmir Global, Creative Commons

The Kashmir region in South Asia, once known as the “Heaven on Earth”, has been under dispute since 1948. Recently, human rights abuses have escalated as a result of the Indian government stripping the autonomy of Kashmiris through the removal of Article 370. For more than two months people have been detained in their homes under a curfew with limited access to the outside world. The responses to this crisis have been mixed, and this post unpacks some of the different reactions around the world.

Experts appointed by the UN’s Human Rights Council expressed their concerns over the government-imposed curfew, communication shutdown, use of force by troops, movement restrictions, and the arrest of political leaders and human rights defenders in the region. They reminded the Indian authorities that the restrictions imposed by them were against the “fundamental norms of necessity and proportionality” and violated Article 19 of the Universal Declaration of Human Rights, which ensures the right to freedom of opinion and expression. The communication blackout and restrictions on peaceful gatherings were deemed inconsistent with their basic rights. Additionally, the use of live ammunition on unarmed protestors could violate the right to life and is permissible “only as last resort and to protect life” according to the experts. The situation was referred to as a “collective punishment” for civilians without the pretext of any breach and the Indian government was urged to lift the brutal curfew as reported by the Council.

One of the most notable instances where the Kashmir issue was brought up was the 74th session of United Nation’s General Assembly (UNGA) in New York City last month. Chinese foreign minister Wang Yi, Turkish President Tayyab Erdogan, Malaysian Prime Minister Mahathir Mohamad, and Pakistan’s Prime Minister Imran Khan were the ones to raise the Kashmir issue on the world stage. PM Khan exceeded his allowed time to speak for Kashmir and urged the UN to take action. He demanded that India lift the inhumane curfew and reminded the world and the UN of their responsibility to take action against the ongoing violence against innocent civilians. He also warned that

“When a nuclear-armed country fights to the end, it will have consequences far beyond the borders. It will have consequences for the world. That’s not a threat, it’s a fair worry. Where are we headed? I’ve come here because this is a test for the United Nations. You guaranteed the right to determination of the people of Kashmir. You have a responsibility.”

Indian Prime Minister Narendra Modi avoided any mention of the atrocities and his government’s actions in Kashmir during his speech while thousands of people protested outside the UNGA. The protestors included a wide range of South Asian organizations and carried banners opposing the “military occupation” of Kashmir and “disenfranchisement of seven million Kashmiris”. They chanted slogans demanding Azaadi meaning “freedom” for the victims. In addition to the people of South Asian descent, the protest also included concerned North Americans and organizations like Black Lives Matter, Jewish Voice for Peace NYC, Hindus for Human Rights, India Civil Watch, and the Indian American Muslim Council.

https://www.youtube.com/watch?v=b-Gmmn_a25Q

Amnesty International also launched a Let Kashmir Speak petition asking the Indian govt to put humanity first and let the people of Kashmir speak by lifting the communications blackout. Kumi Naidoo, Secretary General of Amnesty International said that “The people of Jammu and Kashmir should not be treated as pawns in a political crisis, and the international community must come together to call for their human rights to be respected.” Amnesty also tweeted that “the unilateral decision by Government of India to revoke Jammu & Kashmir’s special status without consulting J&K stakeholders, amidst a clampdown on civil liberties & communications blackout is likely to increase the risk of further human rights violations & inflame tensions.”

While responses by the UN and international organizations have remained limited, people have continued to mobilize to bring attention to the ongoing humanitarian crisis. Recently Times Square in New York City, one of the busiest pedestrian intersections in the world, highlighted the Kashmir issue by slogans saying, “Restore Human Rights”, “Stand with Kashmir”, and “Free Kashmir” at the end of September. Reports suggest that it was sponsored by the collective effort of the Pakistani community in the United States.

Times Square on September 25th, 2019. Source: Twitter/Government of Pakistan

Grassroots mobilization is also occurring within Birmingham locally, among residents of Kashmiri origin and those having families in the blocked territory. They conducted an awareness and fundraiser dinner in partnership with the Birmingham Islamic society this Sunday to explain the crisis in Kashmir and to collect funds to lobby against the Indian government’s violence. The description of the event stated that

“The ongoing crisis in Kashmir has barely received any media coverage although it’s currently one of the worst massacres in the world. Not only is the Indian Government responsible for over 100,000 Kashmiri people murdered and over 10,000 Kashmiri women raped, but they have implemented a blackout on all of Kashmir preventing people from using internet and phones to contact the outside world. This event will provide you with more awareness as well as collect any funds, if you can, to lobby.”

At UAB, the Muslim Student Association (MSA) is raising money for the Kashmir cause at their annual Fastathon. According to the organization, “This year, the MSA is raising money for the humanitarian crisis in Kashmir. For every pledge to fast, people in the community will donate money for the cause. Kashmir valley, Jammu and Kashmir is an ‘open air prison’. As soon as this lockdown ends, there will be an immense and immediate humanitarian need. Pledge to fast for a day and help us feed, provide medical supplies, and raise awareness for the Kashmiri refugees”. They have also been conducting bake sales to raise funds for Kashmir relief in the past few weeks outside the Mervyn H. Sterne library.

People around the world have been showing their support for Kashmiris according to their own resources and levels of influence. Unfortunately, the situation has not been improved and millions of people are still being held hostage in their homes and neighborhoods. World authorities, powers, and humanitarian organizations need to take action against these human rights violations and project their voice to a larger, global audience in order to mobilize relief efforts. The world needs to recognize the gravity of the crisis and its consequences to take immediate and appropriate action.

The Conflict in Yemen and Trajectories for Peace: Recap

Street photography of Yemen stone alley and buildings — Yemen. Source: Rod Waddington, Creative Commons for Flickr.

Fatima Abo Alasrar, a nonresident scholar at the Middle East Institute and former senior analyst at the Arabia Foundation, joined us on Thursday, Sept. 26, 2019 to shed some light on the crisis in Yemen and advocate a new social contract regarding Yemen as the war has evolved from a local insurrection into an international effort that has exposed greater vulnerabilities of the country, weakened the central government, and emboldened foreign threats to Yemen.

Before the country appointed a president, the Zaydis, an Islamic sect, were dominant in Yemen where they resided for thousands of years. Its Imams controlled the north of Yemen, as the theocratic Yemen Arab Republic, as the south slowly turned into the People’s Democratic Republic of Yemen. When the president in the north, Ali Abdullah Saleh and his regime proposed to unite the north and south under one government, unification was not based on democratic principles, but on state, rhetoric-accentuated polarization and identity politics. For northerners, the war ended succession, but the southerners grieved as they became second-class citizens who were exploited under occupation. Meanwhile, the Houthi Movement organized Zaydi-Shia fighters against underdevelopment and political marginalization as they protested the dilution of Zaydi influence and identity. Inequality built resentment among civilians and some of the dissatisfied joined extremist groups or protest as people lost faith in the state. As more states and non-state actors got involved and introduced differing political and ideological orientations and promoted their interests, efforts deepened sectarian divides.

Saudi Arabia continued to assist the government against the Houthi rebels, especially motivated by their Shiite rival, Iran who supported the Houthi insurgency; however, Ms. AlAsrar revealed Saudi shortcomings in the military’s lack of warfare experience, increase in spending, and media coverage criticizing domestic failures. She explained that Saudi Arabia has only aggravated this already dire humanitarian crisis and now faces ramifications. She urged, instead of encouraging Saudi intervention, international attention should shift focus.

AlAsrar stressed Iranian intervention and influence in Houthi insurgency -evident as the group’s propaganda and style mirrors the others’- where Houthis considered themselves proud members of the Iran-led Axis of Resistance alliance (resisting the West and Israel). The Houthis act as Iran’s proxy to advance their goals in Yemen just as the Iranians act as Houthis’ proxy to get power in their own political agenda and this relationship has only festered.

Group holding sign Reading "STOP US SAUDI WAR CRIMES IN YEMEN" — Felton Davis. Creative Commons for Flickr.

The US is complicit in war crimes as it supports Saudi Arabia, a major ally, who is threatened by Western antagonizers including Iran and Houthi rebels in the counter-terrorism narrative. This alliance has clouded Americans’ knowledge of Yemeni objectives and continues to kill, repress, and threaten civilians. Now all players may use the counter-terrorism narrative to attract the international community, which is not as informed and interested in the domestic conflict consuming Yemen.

Radicalized and terrorist groups concentrate and compete for the spotlight and the conflict has amplified as it is linked to the war on terror for international attention. Al-Qaeda is such a group who has acted as a gang for hire in the Yemen conflict. The intervention of regional powers also threatens to draw Yemen further into the broader Sunni-Shia divide. Iran exploited the conflict to increase its influence in the region becoming the most beneficiary actor for its relatively low cost. Whereas, U.S. backed Saudi Arabia suffers reputational damage which is creating more friction.

All sides of the conflict have been accused of violations of international humanitarian law and organization which are pushing Yemeni civilians out. AlAsrar questions whether the UN can hold the Houthis accountable for their end of the bargain. The UN’s plan for Yemen has been shaped in Houthi favor, “confident in their power of destruction,” accepting Houthi demands and encouraging their extraction of concessions so the deal does not collapse. The desire to keep the Houthi involved in the peace process has only legitimized a violent non-state actor.

Children standing over ruins in Yemen. — 343 Searching Through Ruins. Felton Davis. Creative Commons for Flickr.

The speaker’s concern was in the international community’s engagement regarding the conflict in Yemen, misguided, misinformed, and disconnected narrative on which international actors base their policies. Political engagement continues to be overshadowed by limited propaganda and media coverage of the war.

AlAsrar elaborated with frustration concerning the overwhelming use of the humanitarian narrative to explain the conflict in Yemen. A lot of humanitarian work is fast-paced and reaches for an emotional narrative. There is a lack of comprehensive policy instruments when the audience sees humanitarian assistance as the primary tool. International humanitarian organization has hijacked the voices of the local civil society to provide immediate relief which cannot speak for the broader political factors that have created and perpetuated the crisis.

Other regional governments have interceded to pursue and protect their own interests, but the root of the Yemeni conflict was a domestic one. These foreign powers may encourage their partners to engage in a political process for peace but have instead overshadowed the conflict in Yemen which was driven by concerns in sectarian marginalization, economic underdevelopment, and displeasure at governmental political distraction in cooperation with foreign powers, the United States and Saudi Arabia. In response, AlAsrar’s narrative encourages broader education and analysis on the different motivations, perspectives, and grievances of each actor to establish a more comprehensive and consistent strategy and policy to deal with the exasperated and dire Yemen Conflict.

Aftermath of the Xenophobic attack in South Africa

Over three weeks ago, African immigrants in South Africa were brutally attacked and their properties destroyed by local citizens within various cities and provinces in the country. The conflict while still in its latent stage, initially began late August 2019 through petite skirmishes and altercations between foreign truck drivers and local south African citizens before it rapidly escalated into a full-blown violent conflict in mid-September 2019. The attacks which started in form of a riot protest with chants and songs that demanded foreigners return to where they came from in native Zulu language (South African native language) which was specifically aimed at immigrants from other African nations. During the protest, they began looting properties, destroying and burning down business enterprises owned by African immigrants. They also attacked any immigrant that was within protesting territories or those who tried to either protect or prevent their business stores from being looted or destroyed, which led to the death of twelve African immigrants. Properties worth millions of dollars was estimated to have been looted and destroyed, while thousands of immigrants are still licking their wounds due to the injuries sustained during the chaotic protest.

Illustration of woman screaming with terror with the word xenophobia written underneath — Source: Flickr

There are over 3.5 million immigrants in South Africa (a country with over 50 million people), 70% of which are from neighboring nations such as Zimbabwe, Lesotho and Mozambique, while the remaining 30% constitutes other nations particularly Malawi, United Kingdom, India, Nigeria, amongst others. Several of these immigrants are often business oriented with hope of exploring their entrepreneurship skills and attributes due to various economic gaps within their settlement areas. They mostly begin by creating small business enterprises and employ locals to assist in the growth of the business. This move according to the World Bank reports has greatly increased the employment rate and influenced the nation’s wage rate, with an immigrant worker generating approximately two jobs for local citizens. Although investments by immigrants has continuously and significantly improved the socioeconomic status of the country, it has also generated resentment and envy amongst locals in various communities with claims that migrants (specifically Africans) were taking away jobs meant for local citizens.

An injured African Immigrant lying face down on the ground with a armed policeman standing over him. — Source: Flickr

The aftermath of the xenophobic attacks generated a series of condemning messages and reports from several African nations, world leaders, international organizations, sociopolitical and economic heavy weight individuals and institutions, celebrities amongst others. Despite the damage achieved by locals, they continuously sent hate messages, which led to the evacuation of several immigrants from Ethiopia, Zambia, Nigeria. A private Nigerian airline provided free flights to all Nigerian immigrants, a move for which almost a million immigrants signed-up, and almost 200 people were repatriated back to Zimbabwe, amongst others. The level of damages, loss, injuries and deaths due to the xenophobic violence resulted in reprisal attacks in a few other African nations such as Nigeria, in which structures owned by South African communication company MTN and its affiliate stores popularly known as Shoprite, were attacked and operations were disrupted, Zambia closed down three South African malls and canceled a football match between both nations, Botswana has begun issuing a South African travel advisory to its citizens, while several African celebrities have vowed not to perform their entertainment tours or visit the country until there are visible signs of improvement.

During the de-escalation stages of the violent conflict, a veteran South African politician condemnation speech against the negative behaviors and violent attacks against fellow African immigrants was quickly disrupted and aggressively challenged by the people, which shows a lack of remorse or regret for their shameful acts of violence which can be said of the entire South African government. Although the South African president alongside some of his aides have tendered an official written apology letter to leaders of affected African nations, it is believed to be barely a strategic and baseless diplomatic act which could be confirmed in the words of Marc Gbaffou (a member of the African Diaspora Forum that creates awareness for the rights of migrants in South Africa) who claimed “there was no political will to end the continuous xenophobic attacks against African immigrants which has become clear for the whole world to see”.

Although the African Union Commission Chairperson, Moussa Faki Mahamat had issued a statement which outrightly condemns the violent attacks and destructions against African immigrants, much needs to be done to ensure events such as these kind will forever remain a buried issue in the past. The safety and wellbeing of immigrants are to be taken with utmost respect by rendering valuable services in all its affairs with an experiential focus mostly placed on their security which should not be bridged irrespective of any unfathomable and unreasonable excuses. There is a need to put in place restrictive measures and binding sanctions to serve as precedence that guides against the continuity of these persistent shameless acts. Despite the United Nations high commissioner for human rights, Michelle Bachelet’s statement to the South African authorities urging them to ensure adequate protection for all victims of the xenophobic attack and make all perpetrators accountable, little has been done in this regard, only a few individuals were casually arrested due to their participation in the violent attacks, while the body language of the nation remains negative towards achieving a permanent resolution.

Humanity has been at logged-head with each other for a long time and there is a need to embrace and increase the volume of peace. In the world today, more genuine efforts should be put in place to reduce and if possible, eliminate the regular occurrence of conflict and violence at both the international and national level. Africa most especially, needs to put more focus on ensuring democracy and good governance are adequately consolidated, rather than laying emphasis on misplaced priorities or negative issues. The South African government needs to address the root cause of the continuous xenophobic attacks against African immigrants, which is the high rate of “Unemployment”. The historic timeline and trends, magnitude and possible continuity of the xenophobic attacks, also call for an urgent intervention from international organizations such as the United Nations and African Union, to ensure adequate measures are truly in place to ensure discontinuity of such attacks, while strict sanctions are to be placed on them, should they fail to meet required security standards.

Hashtags and Human Rights

A picture of nine hands each with different words on them. On the red, Freedom. On the second red, Trust. On the orange, Justice. On the limeish green, Love. On the green, Rule of Law. On the sky blue, Peace. On the darker blue, Prosperity. On the pink, Dignity. On the purple, Equality. — PSHRC – Punjab State Human Rights Commission. Source: Punjab State Human Rights Commission, Creative Commons

Throughout the history of humankind, the way in which people transmit news has evolved exponentially, from the word of mouth in the olden days to a simple click, swipe, and 240 characters. It connects you and I to events happening around the world, from concerts to social movements concerning human rights. But, to what extent does the hashtag, only a recent medium for communication, bring people together around a common goal or movement?

The hashtag originated in 2007 by Chris Messina as a way “to provide extra information about a tweet, like where you are or what event you’re referring to.” Later that October, during the San Diego wildfires, Messina simply created the hashtag “#sandiegofire” and included it with tweets, allowing others to engage with the conversation and gain an awareness of current events.

In terms of human rights, the hashtag has also been influential in bringing people together under a common cause, be it international crises, sexual harassment, or even just helping organizations raise money to cure diseases. Hashtag activism, as this is called, “is the act of fighting for or supporting a cause that people are advocating through social media like Facebook, Twitter, Google+ and other networking websites.” It allows people to “like” a post and “share” a post to another friend, thus spreading awareness about the issue at large.

Where and How has the hashtag been influential?

As you might recall in 2014, many people around the world took part in the #ALSIceBucketChallenge, where participants would dump a bucket or a container of ice water on their heads. This challenge went so viral that a “reported one in six” British people took part. It also went so far as involving celebrities like Lady Gaga, which demonstrated its far reach and effectiveness. Despite many calling this challenge a form of slacktivism, (where one would simply like the post and involve very little commitment), the ALS Association raised over $115 million USD. Due to this striking number, the Association was able to fund a scientific breakthrough that discovered a new gene that contributed to the disease.

An image of a woman reacting to a splash of water from the top of her head. Basically a standard reaction from when someone does the Ice Bucket Challenge. — Free Stock Photo of ALS Ice Bucket Challenge. Source: Pixabay, Creative Commons

Then in 2017, the #MeToo movement sprung from the shadows, calling out sexual predators and forcing the removal of many high-profile celebrities, namely Harvey Weinstein. It went way beyond Turkana Burke, the founder of the MeToo movement from more than a decade ago, expected. It was through the use of social media that made #MeToo movement as large as it is today. As of 2018, the hashtag was used “more than 19 million times on Twitter from the date of [Alyssa] Milano’s initial tweet.” This effect, known as the Harvey Weinstein Effect, knocked many of the United States’ ‘top dogs’ from the limelight, revealing what could be behind the facade of power, wealth, and control that they hold. From Weinstein to George H.W. Bush to even U.S. Senate Candidate for Alabama Roy Moore, their reactions varied as much as the amount of people accused. Weinstein was ultimately fired, H.W. Bush apologized for his actions, and Moore denied the accusations. Through increased awareness and the ability to connect to virtually everywhere, women and men began to tell their stories and call attention to the actions of sexual predators.

An image of six people holding up a sign that spells out #METOO. — Pink Letters Forming the Word #MeToo. Source: Rawpixel, Creative Commons

Both the ALS Ice Bucket Challenge and the MeToo Movement allude to key human rights concerns, with ALS involving the life of a person through a disease and MeToo involving sexual harassment charges and claims. By eliminating the one thing that threatened the life or sanctity of a person (Article 3 of the Universal Declaration of Human Rights), a push towards human rights became realized. This demonstrates how hashtags are effective at promoting human rights issues among the general public, allowing these concerns to be confronted and resolved.

But where has the hashtag been limited in practice?

In April 2014, “276 schoolgirls were kidnapped from the remote northeast Nigerian town of Chibok by Boko Haram.” Soon after this event, #BringBackOurGirls shot up to the trending page of Twitter, and was shared more than four millions times, making it one of Africa’s most popular online campaigns. Alongside massive support from the public also came backing from famous individuals such as Kim Kardashian, Michelle Obama, and many others. Even though this campaign helped bring to light the domestic conflict that “claimed at least 20,000 lives,” it only resulted in limited support and is, arguably, an indicator of ‘slacktivism’. With a majority of support coming from Twitter users residing in the United States, Nigerian politics dismissed this outrage as some sort of partisan opposition against the Nigerian president of the time. As Ufuoma Akpojivi (media researcher from South Africa) said, “There is a misconception that embracing social media or using new media technologies will bring about the needed change.” Even with the global outrage at the kidnapping of teenagers, not much action took place because of partisanship and US disconnection with Nigerian citizens.

An image of former First Lady Michelle Obama holding up a sign saying #BringBackOurGirls. — MJ-UPBEAT Bring Back Our Girls! Source: mj-upbeat.com, Creative Commons

Following, in 2018, hashtags such as #NeverAgain, #MarchForOurLives, and #DouglasStrong emerged as a response to the shooting at Stoneman Douglas High School, where teen personalities and activists Emma Gonzáles, David Hogg, and others began campaigning against the accessibility of guns. Such a movement gained considerable support, with over 3.3 million tweets including the #MarchForOurLives hashtag and over 11.5 million posts related to the March itself. Through the use of social media, the movement was born; however, one of the key things that March For Our Lives disregards is the bureaucratic system that the government embodies. Even though activists want rapid and sweeping changes to the system, Kiran Pandey notes how “there is only the trenchant continuation of political grandstanding, only this time it’s been filtered through the mouths of America’s youth.” Even with such declarations facing our bureaucratic system, alienating people with diverse viewpoints have made the movement weak and ineffective. It does not help when many people, including our friends and family own a gun. By attacking these owners and not focusing on saving lives, this movement has been, and will arguably be, stagnant until bipartisanship is emphasized and utilized.

An image of three kids surrounding a sign that says No Guns No Violence. — WR Nonviolence — Nonviolence makes the world a better place. Source: Waterloo Region Nonviolence, Creative Commons

Though both #BringBackOurGirls and #MarchForOurLives caused widespread protests and promoted awareness about the key issues of the time, it failed to generate support due to its limited field. In #BringBackOurGirls, many of the mentions came from U.S. Twitter users. Because the conflict was and is taking place in Nigeria, many of these tweets and protests have little to no say in the matter of forcing Boko Haram to return the kidnapped Nigerian girls. In the case of #MarchForOurLives, the movement failed to gain traction simply because of its push to call out those in support of having guns and the NRA caused the issue of safety and security of the person to become a partisan issue. Both issues are key human rights issues, however, they fail to capitalize on actual support and exclude those who have diverse views on the issue at hand.

How exactly could someone make a hashtag go viral?

Well, according to ReThink Media, an organization that works to build “the communications capacity of nonprofit think tanks, experts, and advocacy groups,” building a hashtag campaign for social impact includes three key areas to manage a hashtag campaign:

Having a List of Your Supporters
- Having influencers and connectors can help in a great way. By using a specific hashtag to a broad fanbase or following, having those influencers can help jump-start a movement and gain awareness rapidly about key issues of the time.
Using the Right Terms at the Right Time
- “Take too long to decide and the news cycle might pass you by.” By using terms that appeal to everyone and using them during critical news-worthy moments, it is easy to be able to attract everyone quickly. For example, if there was some type of crisis going on in the United States, having a relevant hashtag that appeals to everyone could allow more people to support that movement. Using terms that solely appeal to a political side may only be limited in scope.
Have Supplemental Support Once the Hashtag Gets Posted
- By using certain graphics or memes, combined with the regular posting of the hashtag overtime, during mid-day, more people could potentially get involved and push the movement towards social impact. It also allows people to gain awareness and spread that message to more people in their following.

Overall, hashtags can be effective when incorporating supplemental supporters and a non-partisan central focus. By supporting the movement through influencers and spreading awareness, such a movement could gain traction and provide real-time results, such as the removal of sexual predators from positions of power and gaining funding in order to cure a disease. However, a hashtag’s reliability is solely dependent on the users that spread it. Thus, social media can help people gain a social consciousness and support pivotal human rights issues when they matter most to those affected.

The Legacy of Lynching: How Hate Violence Still Haunts The American People

This is a Black man being hung from a tree with his tied behind his back during the 20th century and is used to demonstrate racial terror. — Source: Yahoo Images

I remember when I first saw a photo of a lynching. I couldn’t have been more than ten years old and was afraid to go outside of my house or attend school. I told my mother that the people that were hanging could not have been viewed as human but as objects of intimidation and pure terror. I recall the trauma from this photo I experienced as a child. The fear and concern for me and my family began to really scare me. Once researching this photo, I told my mother about it and she told me to research the word “lynching”. Upon the discovery, I stepped into this dark time of American history and I have become an advocate against the violation of human rights since then. As discussed by Paula Giddings, professor of Afro-American Studies, the historical definition of this term is when someone is put to death by hanging by a mob consisting of three or more people. Lynching is done without a legal sanction, a trial, or a court sanction and actually began during the Revolutionary War. It did not become an issue of racial terror until 1886 when the number of Black lynching became higher than that of White lynching.

The National Association for the Advancement of Colored People (NAACP), an organization that fought against the struggle against lynching discusses the act of lynching and the nature of its terror. Lynching in America was done as an act of terror against Black people following Reconstruction in the late 19th century. The organization estimates that between the years of 1882-1968, 4,743 people were lynched. Among those people, 3, 446 of those victims were Black. The Equal Justice Initiative, an organization dedicated towards the liberation of oppressed people in America has done much research on lynching. It documents the practice being done in mostly Southern states such as Mississippi, Alabama, and Georgia. It was not limited to the Southern states. The organization lists that it also occurred in other Western states such as Illinois, Kansas, and Oklahoma. So, during this time after Reconstruction, racial lynching was a nationwide phenomenon.

Demonstrators of the NAACP protesting against the terror of lynching and brutal murder of Black lives in America. It includes men and women protesters advocating for laws against lynching. — Source: Yahoo Images

Research from the NAACP and Giddings notes, that most of these acts of brutality were justified in the eyes of many Southerners. It was used as a method of intimidation to Black people within their communities which resulted in this season of racial tension. Lynching was also a tactic that was influenced by the desire to protect the Southern white womanhood. In the eyes of Southern whites, there was this notion that Black men were sexually aggressive and predatory towards white women. Most lynching were motivated by the accusations of sexual assault and violence of Black men against white women. Although that was the story that the history books told, I knew that it had to be more to the story than that. I wanted to study more about lynching because it affects so many things in our society and our country overall. For all these incidents of racial terror to occur for so many years, the effect of that terror does not just cease. As I came to college and became more of an activist, I wanted to do my own research on lynching. I began to understand the importance of studying the ugly moments in history because we are told to forget.

Although the act of lynching has decreased at a tremendous level, the attitude and the justification of lynching has not. During my research, I discovered lynching was not only subjected to death by hanging, but also through beatings or being burned alive. Not only the denial of a trial but to hang someone from a tree who was most of the time innocent of the crime they were accused of. The victims were confronted by a lynch mob in jails and then beaten and tied with rope. The most shocking thing about all this was the vigilantism about it and the act of mobs storming into a jail cell to retrieve an innocent man or woman and deny them a fair trial. Hanging was not the only form of punishment they endured. Giddings also notes that victims were also burned alive, dismembered, or even dragged by vehicles, beaten, and even castrated. As lynching became spectacles for the white people in these communities, it became clear to me that these victims could not be viewed as human beings during this time. This was during a time period in America where Black people did not have many civil or human rights. The rights of their humanity were not protected under the American law as many white people did not even look at Black people as citizens. The ADL, an organization for anti-hate advocacy, declares that there was this notion of superiority that allowed for the white race to feel superior to the Black race. This notion is the foundation of white nationalism and white supremacy in the United States.

Lynching was viewed as the hate crimes of their day and were often used to maintain their superiority and social order in America. This lack of respect for their humanity is displayed as they were killed simply because they were Black. They were not seen as humans and their rights were not protected under the law. This problem of the lack of recognition of the human rights of Black people has left a damaging legacy and continues to contribute to the racial issues in America. Recently, I have visited the EJI museum and witnessed the jars of the soils of the sites of the lynching victims. There were so many, and it dawned on me that all these human beings could only be remembered in a jar of soil. Then I visited the National Memorial for Peace and Justice and saw the pillars of the lynching victims in America. Not only did the number of pillars completely shock me, but as you walk down the area, the floor descends, and the pillars ascend. This was to represent the victims hanging from the trees as the pillars are hanging from the ceiling. Breathtaking is not strong enough of a word to describe how I felt, I felt helpless and full of sorrow because I could not help them nor fight for them. All I could do was memorialize them as the ones that died in the struggle for Black liberation.

This is the National Memorial of Peace and Justice in Montgomery, Alabama. This is the pillar display to memorialize over 4, 000 lynchings of Black people. — Source: Yahoo Images

As I think about this kind of hate violence, I begin to think of other victims whose lives have been taken by hate. I think about people such as Emmett Till, James Reeb, Matthew Sheppard, Brandon Teena, and countless others. To me that kind of violence that is motivated by hate is the most abrupt and vicious attack on human rights. Although this type of hate violence occurred during Reconstruction, there is this overwhelming feeling that hate violence have been steadily increasing in these present times. This kind of hate violence has left a haunting legacy that still haunts our society today. In an article by the Washington Post, it discusses the rise of hate crimes and the target towards minority groups and religious groups. These groups include crimes against the LGBTQIA+ community, people of color, and Muslims in America. I feel as though the motivation of this growing trend is due to white nationalism and the desire to return to a society where white populace was the dominating voice in the country. Hate crimes have been recognized by the Human Rights Campaign in regards to hate crime related violence. Even though it has been declared by legislation, there needs to be more advocacy for ending hate crime violence in the United States.

Hate crimes are committed to express prejudice and hate against a certain group and in this act, one does not see these victims as human. Instead, the victims are seen as people that must be punished for ruining or destroying what they consider as “their country”. Of course, this is not moral justification to commit violence against humans, but this is normally the attitude of the ones who commit this violence. To me, legislation is not enough to combat this issue without the acknowledgement of the history of hate violence. There must be conversations about where hate violence stemmed from. I have always lived by the quote of “you have to understand the past to understand the present”. By us being able to able to talk about the past, it will allow us to be able to dissect the problem at the root and create resources to prevent it from occurring.

As a nation that is so rich in diversity, there is not any room for hate towards its American citizens. There is certainly not any room for violence against its American citizens as the rights and safety of American citizens should be protected under the law. If we are really going to move forward as a country, I believe that the country needs to be honest with itself about what has been done in the past. It is imperative because as hate violence was done in order to preserve white supremacy during the lynching period, the same notion remains in our society today. Another aspect is the lack of punishment for people that commit these crimes, and this really exposes the problems that continue to harm the people within our society. Every citizen in this country should be protected under the law along with their rights.

If we are really going to look at the root cause of this problem of hate crime and violence, then we need to take a look in the mirror and decide if we even value humanity.As a country, we failed during the era of lynching as we failed to recognize our humanity, but that narrative does not have to remain this way for the rest of our lives. There must be more conversations and resources for advocacy against hate violence, it is imperative at this point. It is imperative to ensure that the dark history of lynching and hate violence does not repeat itself as history tends to do. On my part, I have always been dedicated to the liberation of oppressed people and the protection of human rights for minority groups overall. In this I am a fellow of the Jefferson County Memorial Project that does research on lynched victims in Jefferson County. I appreciate this work because we owe it to them to tell their story and memorialize them. As a part of this fellowship, there will be an opportunity to create conversations in the Birmingham community in an educational way. It is also important to implement this education within the nation about this dark history so that we can see how it affects us today as Americans and how we can dismantle hate violence at the root.

The Refugee Education Crisis

Now more than ever, people are fleeing their home countries because of war, persecution, or violence, hoping to find a better life in a different country. In fact, we haven’t seen a refugee crisis this large since World War II: there are 70.8 million refugees worldwide, and estimates show that around 37 thousand people are forcibly displaced every day. They risk their lives to escape a situation they feel they won’t survive, but when these refugees finally find a place they feel safer in, they face new challenges, including the education of their children.

Children, in every society and culture, are the future; they will grow up and have an impact on society. The significance of the impact and whether it’s positive or negative is greatly affected by the child’s education. If a child is refused an education, it will be hard for them to positively contribute to society. Additionally, a lack of education can prevent people from knowing their rights and being informed about their health.

For refugee children, education is even more important. In addition to the importance of education in general, education can give a child back their sense of identity and purpose after being stripped away from everything they know. Often, refugee children are taken to a country that is much different from their native country, especially with regards to culture and language. However, receiving an education can lessen the growing pains, especially if teachers are trained to help children from different cultures and speak different languages. Additionally, going to school can help children learn the intricacies of the new culture by being exposed to it for extended periods of time.

While it may seem obvious that education is important for every child, the education gap between refugee and nondisplaced children continues to grow. Worldwide, 91 percent of children attend primary school, but only 63 percent of refugee children attend primary school. While the number drops for secondary school across the board, the decline is much more dramatic for refugee children: only 24 percent of refugee children will attend secondary school. This is alarming because secondary school is typically the minimum level of education needed to attain a desirable job. The vast majority of these children, who are already put at a disadvantage, have even less of a chance of receiving the education they need.

Worldwide, there are many reasons refugee children are not receiving a quality education. First of all, the language in their new country may be different from any language they speak, which could cause them to fall behind in their studies. Second of all, there may be discrimination and bullying, which can make it much harder to focus on and excel at their studies. Additionally, in some areas, there may be limited spots in secondary schools for refugees, limiting the number of refugees that can receive an education. Finally, many refugees are denied the right to attend school, as many governments have policies in place that block their enrollment. These policies can include the requirement of residency documentation, which is nearly impossible to attain, essentially making their enrollment in school impossible.

In the US, there are two laws in place that are meant to protect children’s education: the Flores Settlement and Plyler v. Doe. The Flores Settlement outlines the regulations and restrictions regarding detaining minors, including refugees, at the border. It ensures proper treatment within detainment centers and includes a section specifically regarding education. Children are required to receive an individualized educational plan including basic education and lessons in English. However, in June, there were reports that the Trump administration decided to suspend many services in juvenile detainment camps, including education, because of a lack of resources. This act would’ve gone directly against the Flores Settlement.

Plyler v. Doe protects the rights of undocumented children to get a primary and secondary education, stating that they fall under the Equal Protection clause in the Fourteenth Amendment. Plyler v. Doe shows that in this country, every child has a right to an education. However, this right is not always granted. There are many schools that require birth certificates and ask about immigration statuses as a way to keep undocumented children out of school, even though it is illegal.

There are many benefits to the communities that accept refugees. Many of those against admitting refugees to Europe, the United States, or wherever they may live, cite the economic strain refugees put on the government as their reason for opposing the intake of refugees in their country. However, they are ignoring the fact that through taxes refugees generally boost the economy more than they strain it. This can only be improved by educating the children as well. The best way for someone to positively impact the economy is to be well educated; in a study done over 40 years comparing 50 countries’ economies and education levels, they found that the higher the average cognitive ability, the faster the gross domestic product (GDP) increased. If a country refuses to educate any of the children that live there—including refugees—it will not only negatively affect the children, but will also negatively affect the entire country. Additionally, schools that allow refugee children will have more diversity, which promotes higher levels of tolerance, not only among them, but also among parents and the community.

It is imperative for the development of the individual and the well-being of the host country that refugee children have the opportunity for an education. However, it is not enough to just give them access to an education. They must have the resources necessary for them to succeed, such as teachers that are willing to work with them through language barriers and accurate credit for courses taken in their native country, among others. They must be given the same opportunities that the other children in the country are given if they are to succeed and we are to close the gap in education between refugee and nondisplaced children. Many countries have already started making an effort to close the educational gap and take down barriers: Turkey has made significant efforts to prepare school-age refugee children for a transition to Turkish schools, and Ecuador has passed laws to give undocumented Venezuelan children easier access to school. There are many benefits to the education of refugee children and ignoring them will have grave consequences for refugees and the communities they are a part of.

The Return of Alt-Right Conservatism in Spain

A woman waves a Spanish flag and a Vox party flag at a rally. Source: Vox España, Creative Commons.

I studied abroad in Alicante, Spain during the spring semester of 2019. I loved my experience, especially the experience I recieved by choosing to live with a host family. I was able to really immerse myself in Spanish culture through my host family and in turn they eagerly showed me their city and their traditions. One of the things my host mother said when she was walking me around Alicante for the first time has stuck with me, even since I left Spain. She pointed out the many Spanish flags that were hanging on the balconies and outside of the windows of the myriad apartment buildings around the city. Unless there is a soccer game, she said, Spaniards hang the Spanish flag outside to show their solidarity with the rising nationalistic ideals in Spanish politics. I looked around that day and was surprised at the number of flags that I saw.

Nationalism was the primary basis of Francisco Franco’s dictatorship that lasted from 1939 until his death in 1975. Franco’s ideologies have been compared to Hitler in Germany and Mussolini in Italy. He led a civil war that lasted three years, dramatically reduced the rights of women to almost nothing, and is considered responsible for killing close to 150,000 people. When Franco died, many Spaniards hoped that extreme Spanish nationalism died with him. Spain has been one of the few countries that has not seen a conservative resurgence until very recently. The rise of the political party Vox has led to a return in ultra-right, conservative, nationalism.

Vox is a far-right nationalist party in Spain that was founded in 2013 by politicians who did not believe that the right wing People’s Party was conservative enough. Vox is considered socially conservative as it works to restrict abortion and economically liberal as it champions policies that reduce taxes. The party’s chief goals include removing the current system of regional powers in favor of one government and one parliament, eliminating the Constitutional Court and the Senate, and introducing Spanish language examinations at the end of each school cycle. At the forefront of Vox’s goals are the needs of Spaniards as party supporters chant the phrase “Spain first.” The party and its leader Santiago Abascal have been compared to the United States President, Donald Trump, and his administration. Ultimately, Vox has gained power by taking a stoic stance against the Catalan separation movement, a movement where the wealthy region of Catalonia attempts to secede from the country of Spain, solidifying the party’s nationalistic views.

Santiago Abascal speaks at a rally.
Source: Vox España, Creative Commons.

A large concern about the rise of Vox surrounds the controversial policies that they support. One of the ways that Spaniards have compared Vox and Franco is with their treatment of women and their stance on women rights. Spain recently passed a gender violence law in hopes of reducing the number of women killed or harmed by domestic abuse within the country. The first Spanish political party to openly challenge the law, Vox advocates for repealing the gender violence law as they deem it discriminatory against men. Instead, the party is campaigning for replacing the gender violence law with a Family Violence law that will, as they say, protect all groups. At the same time, the leaders want to create a Family Ministry and use the law to protect the “natural family.” It is interesting because Vox routinely advocates for the family group as a whole, as shown by their support for longer maternity leave and their support for mothers, but when asked about their stance on the divorce or separation of a woman and a man, the party has always argued in favor of the man. Vox aims to eliminate what they consider to be radical feminist groups and prosecute any rape or sexual harassment claims that could be deemed phony. This is problematic because a political party that citizens trust publicly decreeing a claim to be phony without any evidence against the claim delegitimizes the woman making the claim as well as any claims made after. The delegitimization removes any power the woman may have as well as the power of any women who follow her. Vox claims that a “genocide” of men is taking place in the modern era and their policy choices have reflected their stance on women’s rights.

Immigration has been a touchy subject for many countries around the world in the past couple of years. Vox has taken a very strict perspective on immigration which has gained the party a lot of supporters from the conservative right. However, these strict policy choices could have some serious ramifications on many people in the country should the policies be enacted. Vox advocates for immigration quotas for a majority of countries around the world, referencing back to their “Spain First” mentality. The nationalities that would be exempted from these quotas would be those that also speak Spanish and have good cultural ties to Spain. Vox is also in favor of deporting all undocumented immigrants, no matter their home country situations or the circumstances that caused them to move to Spain illegally. At the same time, Vox wants to prosecute non-profit groups that aid illegal immigrants with anything from providing legal representation to finding shelter for the immigrants. Finally, the party states that removing state aid for illegal immigrants would be a priority.

Vox has proven to be a party that wants Spain to return to an entirely Catholic country. They champion Catholic values and the Catholic church while threatening to remove the presence of other religions within the country. This is especially concerning for Muslim groups within Spain. Spain has a large percentage of people who identify as Muslim, especially in the south of Spain because of the close proximity to the north of the continent of Africa. Vox supports shutting down mosques throughout the country and arresting and deporting what the party leaders consider to be extremist imams. They are also advocating for government funded military missions against “Jihadist threats.” Finally, in a fashion comparable to that of President Trump, Vox lobbies for the Spanish government to enclose the two Spanish cities in Northern Africa, Ceuta and Melilla, in walls in order to prevent any immigrants entering Spain by way of the cities.

The concern following Vox stems from the connections people can draw between the party and the former dictator, Francisco Franco. Vox draws on a voter population that openly sympathizes with Franco. Their support is at 10% with the average voters being men between the ages of 35 and 44 despite the support for Vox within the youth population of Spain also growing. Comparisons are drawn between Vox and Franco’s doctrines of nationalism, policies of limiting women’s rights, and traditional catholic ideologies. The rise of the alt-right within Spain is important to watch as many people within and outside the country can and will be directly affected.

“Who Are You?” Yusef Salaam of the Exonerated Five Shares His Story

On Tuesday, October 8^th, the Institute for Human Rights co-sponsored an event alongside UAB’s Office of Diversity, Equity, & Inclusion, Student Multicultural & Diversity Programs, and College of Arts & Sciences to present criminal justice advocate Dr. Yusef Salaam of the Exonerated 5 (formerly known as the Central Park 5). During his conversation with UAB’s Dr. Paulette Patterson Dilworth, they discussed his time incarcerated, race in the 21^st century, and the recent Netflix special When They See Us, among other related topics.

In April 1989, following the sexual assault of a white woman in New York City’s Central Park, five young Black and Hispanic youth were convicted for this heinous crime despite inconsistencies in DNA evidence. In the process of weathering the media storm and pressure from local authorities, Salaam claims he had a “spiritual awakening” that was being shaped by the hands of God. About six months into his bid, Salaam was debating if he was doing time or if time was doing him, when an officer approached him and asked, “Who are you?”. After giving the officer his full name, the officer replied, “I know that. You’re not supposed to be here. Who are you?”. This moment changed his entire trajectory because Salaam realized he was born with a purpose. As a result, Salaam earned a college degree while in prison and suggested this accomplishment means he could do anything. He argues that many in the public eye were looking at him with hatred because they saw his future self, an educated Black man fighting for racial and criminal justice.

After serving nearly seven years for a crime he did not commit, a confession and DNA match from Matias Reyes in 2002 allowed the release and exoneration of Salaam as well as Antron McCray, Kevin Richardson, Raymond Santana, and Korey Wise. Aside from Salaam and Wise’s acquaintanceship, the Exonerated Five did not know each other. Due to police profiling, they were rounded up by NYPD, interrogated, and pressured to confess to false narratives about one another, thus having to fight individually for themselves as well as their families. The Exonerated Five never discussed these events among each other because they assumed everyone had the same experience. However, upon a pre-release screening of When They See Us, which Salaam claimed was a “traumatic experience”, the Exonerated Five had the opportunity to process the series of events that would bind them together forever.

Dr. Salaam speaking with Dr. Dilworth. Source: UAB Institute for Human Rights

Although, the story does not end here. As fate would have it, then future U.S. President Donald Trump actively participated in promoting the execution of the Exonerated Five through an ad in local newspapers. Furthermore, Salaam’s claim that President Trump is responsible for “cosigning folks in Charlottesville” suggests our current cultural, social, and political environment encourages racial and criminal injustice. In response, echoing Carter G. Woodson’s treatise “The Mis-Education of the Negro,” Salaam exclaimed that history is trained and taught into a people. As a result, people of color, namely Black Americans, can become so destroyed by a system that they don’t want to participate. Although, Salaam said such a position suggests, “Non-participation is participation.” Thus, we, ourselves, are the answer.

This brings us to how we, particularly white folks who have orchestrated institutions to disadvantage people of color, can be the change we want to see. As Salaam suggests, “The system is working the way it was designed.” Thus, systemic issues disproportionately affecting people of color, such as police profiling, generational poverty, underfunded schools, and weakened voting rights, must immediately be addressed and reformed. Eradicating these injustices will unlikely be in in our lifetime, although current efforts by Black Lives Matter, Innocence Project, The Sentencing Project, and Woke Vote, among many others, shine a light on what we have, and can, accomplish.

Who are you?

Providing Equal Justice for All

By Pamela Zuber

“We have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent.” – Bryan Stevenson, founder of Equal Justice Initiative and author of Just Mercy

Inside of a jail, a dark hallway with green jail cells on either side — Source: Pixabay

Money can’t buy happiness, but does it buy justice? Or, more accurately, does it help people avoid justice? Does money provide unfair advantages?

Athlete and actor O. J. Simpson famously assembled a team of some of the most prominent lawyers in the United States to defend him after he was accused of killing his ex-wife and her friend. Dubbed a legal dream team, these defenders helped Simpson win acquittal on criminal charges in 1995, although he was convicted of civil charges in 1997.

Wealthy financier Jeffrey Epstein could have been convicted of federal sex crimes involving teenagers in 2008 but pleaded guilty to lesser charges in a Florida state court. During his sentence, he was allowed to leave prison for up to twelve hours every day for six days a week. Epstein also had private security and his own psychologist while staying in a private wing of a Miami prison.

After serving thirteen months, Epstein traveled frequently to New York and the Virgin Islands while he was on probation. Epstein committed suicide in prison in August 2019 while awaiting trial on charges of sex trafficking and conspiracy to commit sex trafficking. The trafficking trial continued after his death.

Did Simpson and Epstein’s money, power, and connections help them avoid justice? If so, what does that mean for the average person and can we do anything to change it?

Understanding poverty and imprisonment

“In all criminal prosecutions, the accused shall enjoy … the assistance of counsel for his defense.”
– Sixth Amendment of the United States Constitution

“If you cannot afford a lawyer, one will be provided for you.”
– Description of Miranda warnings issued to suspects

According to the U.S. Constitution and the 1966 U.S. Supreme Court ruling Miranda v. Arizona, people accused of crimes have the right to obtain an attorney for their defense. Wealthier people have the financial resources and social connections that allow them to hire experienced private attorneys. If people cannot afford such legal assistance, they may defend themselves or receive the help of court-appointed attorneys.

Although court-appointed attorneys are sorely needed, the system that employs them has experienced major problems. According to the Equal Justice Initiative, “[p]oor people in most jurisdictions do not get adequate legal representation. Only 24 states have public defender systems, and even the best of those are hampered by lack of funding and crippling case loads.”

Even if they secure representation at trials, poor people often cannot afford attorneys to represent them at appeals and other legal system procedures. Well-heeled suspects, meanwhile, can often better afford experienced representation throughout the judicial process and other benefits of such representation.

“People in prison and jail are disproportionately poor compared to the overall U.S. population,” noted the Prison Policy Initiative. “Poverty is not only a predictor of incarceration; it is also frequently the outcome, as a criminal record and time spent in prison destroys wealth, creates debt, and decimates job opportunities.” Even after poor people leave prison, their punishment continues. Poor people who are convicted of crimes often find it difficult to find jobs, housing, and other opportunities after they serve their sentences.

Much of this prosecution and imprisonment relates to drugs. “Over 1.6 million people are arrested, prosecuted, incarcerated, placed under criminal justice supervision and/or deported each year on a drug law violation,” reported the Drug Policy Alliance.

While some people turn to selling drugs when they feel they have few other economic opportunities, that is not the case for many people arrested for drug violations. People may face severe penalties just for possessing drugs for their own personal use. If they’re poor, they’re less likely to have access to effective addiction treatment, so they have a greater chance of staying addicted. There is a greater likelihood that the police will catch them with drugs in their possession.

Once arrested, poor people face medical and psychological problems relating to their addiction. They face criminal and financial problems due to their arrest, incarceration, defense, and trial. Such problems often make poor people even poorer.

Making the legal system fairer

Some areas are looking for ways to make justice fair for all, not just the more financially secure. Writing for the Wisconsin Center for Investigative Journalism and Wisconsin Public Radio, Emily Hamer and Sheila Cohen stated that “[t]he Wisconsin Constitution states cash bail can be used only as a means of making sure the accused appears for the next court hearing — meaning judges are not supposed to consider public safety when making decisions about bail.”

Similarly, in 2018, former California governor Jerry Brown signed Senate Bill 10, a measure that would have abolished cash bail in the state. The state’s bail bonds industry struck back. It collected enough signatures to make this measure a 2020 ballot referendum so voters could determine its validity. Between the 2018 bill signing and the 2020 referendum, some California courts and reformers worked to promote changes to California bail practices and courts.

Representation may be becoming fairer as well. The American Civil Liberties Union (ACLU) investigated legal representation in the state of Michigan and found it wanting. In response, the state created the Michigan Indigent Defense Commission in 2013. The commission pays for staff members and training for cases and creates standards for court-appointed attorneys.

Michigan’s commission also includes a useful FAQ section on its website to help people understand and navigate the court-appointed attorney process. It describes how court-appointed attorneys must visit clients who have been jailed within three days, for example, and explains other rights of the accused.

Investigating laws and how they impact people

U.S. states are also investigating laws to determine if they’re fair to all of their residents. Many states have mandatory minimums, which are mandatory minimum sentences that people must serve if they’ve been convicted of certain crimes. According to the U.S. Sentencing Commission, during the 2016 fiscal year, African American and Hispanic people were more likely to be convicted of offenses that garner mandatory minimums.

The conviction rates of these groups don’t match their overall representation in the U.S. population. While Hispanic or Latino people accounted for 40.4 percent of the people convicted of mandatory minimum crimes in 2016, U.S. Census estimates from 2018 placed the Hispanic or Latino population of the United States at 18.3 percent. The U.S. census estimated the African American or black population as 13.4 percent in 2018, but people in this group accounted for 29.7 percent of mandatory minimum crime convictions.

Black and Latinx people traditionally have made less money than white people and continue to do so. The U.S. Census Bureau reported that in 2017, the median average income for households who identified as white and not Hispanic was $68,145. For Hispanic households, the median income was $50,486, while the median income for black households was $40,258.

Lower incomes have traditionally meant that people were less likely to afford adequate legal assistance. They were forced to turn to overworked, underfunded legal defense programs for assistance, assistance that may have not had the time or financial resources to investigate and defend their cases. If their legal representation faced better financed opposition, accused people may have been more likely to lose their cases, serve lengthy prison sentences, and endure unbreakable cycles of poverty after their releases.

Changes such as bail reforms in Wisconsin and California and the creation of the Michigan Indigent Defense Commission hope to end such unfair outcomes. They strive to make legal representation accessible to all. They aim to make justice truly just.

About the author: Pamela Zuber is a writer and an editor who has written about various topics, including human rights, health and wellness, gender, and business.