Injustice in the Justice System: Disability, Schools, and Incarceration

The image depicts rows of wooden benches in a well-lit classroom.
The image depicts a school classroom. The experience of individuals with disability in schools often contributes to their disproportionate incarceration. Source: Unsplash

Freddie Gray was killed as he was being transported in a police vehicle because the police did not take appropriate safety measures. Gray’s encounter with the police undoubtedly involved racial biases held by the officers due to their perceptions of African American men. However, another aspect of Gray’s identity, which lead to him being disproportionately impacted long before his encounter with the police, played a role in his untimely demise at the hands of an unfair system. Gray had a developmental disability as a result of growing up in a house with lead paint, which meant he was unable to understand multi-step instructions. This, however, was not identified early enough for Gray to receive accommodations in school. Due to this lack of support, Gray had a difficult time in school, ultimately leading to suspensions and dropping out of high school. Since then, Gray came in contact with the criminal justice system multiple times. Gray’s story displays the complex, intersectional impact of various factors that lead to an individual being disadvantaged by our society, including race, socio-economic status, and disability. Moreover, it displays how lack of appropriate identification and accommodation for students with disabilities increases their likelihood of entering the school-to-prison pipeline.

My previous post investigated accessibility of the criminal justice system to people with disabilities. This article will focus on the factors that lead to individuals with disabilities being incarcerated at a disproportionate rate, with a special focus on individuals with intellectual and developmental disabilities. This disproportionately impacts children and individuals with developmental disabilities, both through the school-to-prison pipeline and through either exploiting or ignoring them in proceedings.

The School-to-Prison Pipeline for Individuals with Disabilities

It has been shown that dropping out of high school increases the likelihood of a child encountering the criminal justice system. This tendency is reflected in the prison and jail population as well. A paper by Respect Ability on disability and criminal justice reform reported that high school completion rates amongst incarcerated individuals is low – two-thirds of people in state prisons and seven out of ten people in jail have not completed high school. The literacy rates of incarcerated individuals also demonstrate the connection between education and incarceration. The National Assessment of Adult Literacy Survey, carried out by the U.S. Department of Education in 2003, reported that prison inmates had lower literacy rates than their counterparts that have not been incarcerated. While disparities found in the survey have decreased since the 1990’s, there were significant differences in literacy.

This relation between educational attainment and incarceration means that people with disabilities, who have a lower high school graduation rate than their peers who are not disabled, are at disproportionate risk of being incarcerated. While 84.6% of individuals without disability graduate high school in 2019, only 67.1% of students with disabilities graduate high school. The cause of this may be three-fold. Individuals with disabilities are not always provided accommodations to allow them flourish in the classroom. While 1 in 5 children differ in their learning abilities, with conditions like dyslexia or ADHD, only 1 in 16 children have IEPs, which are plans to provide accommodations and supplemental instruction. They also do not always receive a diagnosis that allows them to get accommodations in classes. This disproportionately impacts girls with developmental disabilities. For example, autism spectrum disorder is less likely to be identified in women than in men due to lack of knowledge about differences in presentation in males and females. This issue intersects with race as well – individuals in minority communities may find it particularly difficult to get a diagnosis. Moreover, people with disability are twice as likely to receive an out of school suspension as people without disabilities, and students who are suspended are more likely to drop out of school. Male African American and Latino students with disabilities have the highest suspension rates, once again showing how intersectionality leads to a more severe worsening of outcomes.

The image shows coiled, barbed wire on top of metal fences found in prisons. There is a partly cloudy sky in the background.
“Prison security system” by x1klima is licensed under CC BY-ND 2.0.

People with Intellectual and Developmental Disorders

People with intellectual and developmental disorders (IDD) are further disadvantaged in the criminal justice system due to multiple reasons, often leading to the person with the disability being ignored or coerced in proceedings. One of the foundational issues is that people with intellectual and developmental disorders are not appropriately identified. The determination of whether an individual has an IDD varies by state, with a judge making the decision in some states and a jury in others. One commonality, however, is that the evaluators chosen to assess the status of developmental or intellectual disability are often not qualified to do so. They lack a nuanced understanding of the conditions they are to assess – for example, they are not aware that people with IDD sometimes deny their disability. In the Hall v. Florida case, the supreme court made the important ruling that individuals cannot be diagnosed solely based on the results of an IQ test, but more needs to be done to ensure IDD is accurately identified. False stereotypes about the abilities of individuals with disabilities systematized through unqualified evaluators often means people with disabilities do not receive the full protections offered to them by the law.

However, an accurate determination alone is insufficient to guarantee that the rights of people with IDD are upheld in the criminal justice system. During the judicial proceedings, individuals with IDD may be coerced or left out completely, both of which are problematic. Individuals with IDD may be forced or manipulated into making false admissions of guilt, at times due to their desire to please the questioner. Individuals with IDD may also waive their rights, such as when the Miranda warnings are read out by police officers, without fully understanding their privileges because the information was not presented in a comprehensible manner. The inappropriate assessment discussed in the previous paragraph also applies to deeming individuals with IDD competent to stand trial when they do not have an understanding of the proceedings. This offers further opportunities for individuals with IDD to be exploited. On the other hand, individuals with disabilities are left out of proceedings when they are capable of participating and when their testimonial is crucial. The silencing of competent individuals with disabilities is particularly detrimental when they are the victims of crime, who are seeking justice.

People with IDD are denied opportunities for redress due to stereotyped views of their disability, leading to higher likelihood of incarceration. They are also denied opportunities to correct the behaviors that lead to incarceration because they are not allowed alternatives to incarceration, such as rehabilitation. Once incarcerated, individuals with IDD cannot make use of the same opportunities to reduce their sentencing, as the process for doing so is not communicated in an understandable way. The American Association on Intellectual and Developmental Disabilities advocates for the full participation of individuals with IDD in proceedings, as well as the provision of accommodations that allows them to do so. They also recommend that an advocate specialized in disability be present at all times, in addition to the person’s lawyer, to bring a better understanding of the condition to the proceedings and ensure that the rights of the individual with IDD are upheld.

Fortunately, advocates are working to secure the rights of people with disabilities and ensure fair treatment in the judicial system. The Alabama Disability Advocates Program is one of 57 federally mandates protection and advocacy (P&A) programs which provide legal services and representation for people with disabilities. However, systemic efforts need to be taken to correct currently existing, crucial shortcomings like inadequate methods of identifying disability in courtrooms and schools. Accurate identification of disability and provision of accommodations is crucial in a society where schools are not doing enough to set all students up for success and the criminal justice system does not enforce the protections that people with IDD are entitled to. As mentioned in my previous article on the criminal justice system, it is possible, and necessary, for all of us to create change in this space by contacting local legislators and making our priorities as constituents clear to those who represent us.

 

 

 

Crisis in Ethiopia: An Overview of the Conflict in Tigray

Purpose of image is to provide context of Tigray's location within Africa
The Tigray Region, highlighted in red, has been a source of major tension within Ethiopia because of ethnic and cultural divides. SOURCE : Yahoo! Images

Like many other nations in Africa, Ethiopia has had a long and storied history. Known as one of the world’s oldest nations, Ethiopia first emerged as one of the world’s first Christian states, centered around the ancient kingdom of Aksum. As European powers began to colonize the interior of Africa in the 19th and early 20th centuries, Ethiopia thrust itself onto the world stage after a game-changing victory against colonial Italy during the 1896 Battle of Adwa. Ethiopia remained one of a very few African states to have never been extensively colonized, with Ethiopia’s monarchy only falling under the rule of fascist Italy briefly before being freed by the Allied Powers in World War II.

Ethiopia became a powerful advocate for the decolonization of Africa following the end of the Second World War. Haile Selassie I, who ruled as Ethiopian emperor from 1930 until his assassination in 1974, brought Ethiopia into both the League of Nations and the United Nations. He also made Addis Ababa the center of international cooperation in African politics with the establishment of the Organization for African Unity (now known as the African Union).

Despite Ethiopia once being regarded as a center of African progress and unity, great troubles have befallen this ancient nation. After the ancient monarchy ended with the assassination of Emperor Haile Selassie II and the establishment of a new military government, conflict began in the Ethiopian region of Tigray.

Beginning with the establishment of the Tigray People’s Liberation Front (TPLF), the region began a decades long conflict with Ethiopia’s new government in 1975. Tigray, which is located in Northern Ethiopia, has long supported a mostly agrarian population, with local peoples growing crops such as cereals, legumes, coffee, and cotton.  The Tigray people, who make up about 10% of the population of modern-day Ethiopia and 50% of the population of Ethiopia’s northern neighbor Eritrea, are known to have descended from Semitic peoples, and today most ethnically Tigrayan people adhere to the Ethiopian Orthodox Tewahedo (Coptic) Church, which is headquartered in Addis Ababa. Despite numerous cultural and religious similarities between the Tigray people and the Oromo and Amhara ethnic groups (which account for about 60% of Ethiopia’s total population when combined), linguistic differences and political rivalry have been the cause of multiple conflicts between the Tigray people and the central Ethiopian government, including the war that began in November of 2020.

An Overview of the War in Tigray

In November 2020, the Ethiopian central government, under the leadership of Prime Minister Abiy Ahmed, began a campaign against the TPLF, which had retreated back to the region of Tigray after being ousted by Ahmed’s new government despite Ahmed’s former ties with the party. Despite the Ethiopian government’s stated mission “to arrest the political and military leadership of the ousted regional government in what it still refers to as a law enforcement operation“, civilian structures in Tigray communities such as hospitals, schools, factories, and businesses have been ravaged by the conflict. Reports from among the ethnic Amhara elite in Ethiopia have found that many view the conflict as a war of expansion, and Amhara militia and special forces have been “pivotal” in aiding Ahmed’s war campaign.  Because of Tigray’s history as an agrarian powerhouse for Ethiopia, despite possessing little arable land and sparse vegetation, many experts have pointed out that the war in Tigray seems to be over “access to and control of land“, and as the region of Tigray has been cultivated for millennia, it is a prime target for control by the new ruling elite of Ethiopia.

Before the military campaign began, tensions began to rise between Tigray and the Ethiopian government as Ahmed postponed regional parliamentary elections due to the ongoing COVID-19 pandemic. In defiance of the central government, Tigray held elections in September 2020, and these elections were quickly deemed illegitimate by the federal government. Early in November, it was reported that TPLF forces attempted to steal weapons from a federal military base in Tigray, and the conflict began hours later after a declaration from Prime Minister Ahmed. Despite the government’s reports, the TPLF declared that the preemptive strike was necessary, as special forces had arrived just days before in preparation of an assault on the TPLF.

Swift action was taken against the TPLF, despite the presence of ethnically Tigray officers within the Ethiopian military, causing several instances of in-fighting between rival units. Phone and internet communication within the region was restricted, and the Federal Council of Ministers declared a six month state of emergency within Tigray that took effect on November 4, 2020.

As the conflict continues to rage, human rights accusations against Ahmed’s government swirl. Several reports have found that special forces within Tigray have committed multiple attacks against civilians. Devastation reached all parts of the Tigray region, and it has been reported that as of December 2021, up to 400,000 people within Tigray may be living in “famine-like” conditions, despite a unilateral ceasefire from the Ethiopian government that was issued on June 28, 2021. A report from the United Nations’ Office of the High Commissioner found large amounts of human rights abuses occurring in Tigray between October 2020 and June 2021, including “extrajudicial killings, torture, pillaging, sexual and gender-based violence, and the forcible displacement of civilians.” The war in Tigray has left up to “nine in ten people” in the region needing humanitarian assistance, and over two million people have been displaced by the conflict. Thousands of refugees from the region have ended up in Sudan, worsening the water crisis that is beginning to happen in the region.

Shows PM Ahmed on Battlefront
An image of Prime Minister Ahmed on the frontlines of the war in Tigray. His presence as a battlefield commander has caused international condemnation. SOURCE: Yahoo! Images

Potential Solutions

Following a special session of the United Nations that was called for by concerned parties in the European Union, The United Nations drafted a resolution on the conflict in Tigray and set up an international human rights probe into the conflict. Key aspects of the resolution include calls to all parties participating in the conflict to halt “direct attacks against civilians…including on the basis of their ethnicity or gender”. The draft also called for an end to attacks on civilian assets such as crops and livestock, and provided guidance to the Ethiopian government regarding ending the conflict within the region and providing transitional justice mechanisms, specifically for “accountability, reconciliation, and healing“. The Ethiopian government will be responsible for updating the UN Human Rights Council on the conflict’s progress during its 50th session, which will occur in June 2022.

Some human rights advocates have also called for Prime Minister Ahmed to be stripped of his 2019 Nobel Peace Prize, of which he was awarded for “his efforts to achieve peace and international cooperation, and in particular for his decisive initiative to resolve the border conflict with neighboring Eritrea.” Ahmed has taken a particularly active role in the conflict, making multiple appearances on the frontlines as battlefield commander, and has also been accused of using the peace deal he brokered with Eritrea in order to more successfully subdue Tigray.

As the conflict continuing to violate human rights within Tigray, human rights watchers are hopeful that the United Nations may be able to produce a peaceful resolution to the conflict within Tigray. With the Ethiopian report due in June, there may be hope for a brighter future within the region.

Diversity Resistance in Education – Event Recap

shadows of people of different races, religions, etc.
Source: Yahoo Images

In recent news, the subject of discussing racism and race within schools has become a controversial topic. On Wednesday, November 10th, the Institute for Human Rights at UAB welcomed Dr. Michelle Allen, UAB Diversity Education Director. Dr. Allen has a research background in Critical Theory, Queer Studies, and Narrative Inquiry. The seminar was moderated by Dr. Courtney Andrews, Researcher at the Institute for Human Rights (IHR) and Adjunct Professor of Anthropology. Throughout the discussion, Dr. Allen provided an overview of critical theory, discussed the place of the theory, and discussed race within secondary education.

Origins of Critical Race Theory

Dr. Allen began the conversation by defining critical theory and its use as a lens. Dr. Allen asserts critical race theory is based within legal studies. Critical Race Theory began in the legal academy in the 1970s and grew from the 1980s to the 1990s. Critical race theorists suggest that since race is embedded within our society, it is based within the laws that regulate the society. The purpose of the theory is to challenge neutrality and rationality in the judicial sphere. Thus, based upon this definition of the theory, racism is presented as systemic, and Dr. Allen emphasizes how each racial group can treat critical race theory as a “launching pad” for understanding their marginalization within society.

The Tenants of Critical Race Theory

From there, critical race theory was defined by five tenants: “race is a social construct, racism is a normal feature of society, lived experiences as scholarship, racism is codified in laws, and centering intersectionality.” Dr. Allen elaborates that race is not defined through biological means but rather through society creating meaning behind race as a construct. Furthermore, due to race being a social construct, it is a systematic issue that is produced from society and creates inequalities involving those minority groups. From these inequalities, Dr. Allen emphasizes how the lived experience of a person, as they experience racism, can serve as a possibility model to greater comprehend the lived experience of that entire minority group. Furthermore, how these individuals experience the world with all their intersecting identities from gender to sexuality to race.

Intersectionality

Kimberlé Crenshaw coined the term “intersectionality,” which is the idea of “colluding identities coming together to paint a picture or create a unique lived experience,” as Dr. Allen defines. She further expands upon the significance of intersecting identities or a “colluding web of oppression” with an interesting case of General Motors. In the 1960s, the company had a policy that the people most recently hired would be laid off in situations of economic hardship. The policy was established to support layoffs during the 1970s. The most recently hired group consisted of black women, thus they were the most fired group. Five of these women filed a lawsuit against General Motors for discrimination, but the issue began with determining which identity the discrimination was based on. The lawyers could not prove that there was discrimination based on both being women and being black. Due to the isolation of gender and race, General Motors was able to prove the lack of discriminating due to hiring black people and women in general. Ultimately, this case displays the necessity of shifting the conversation to be inclusive and critical of the merging of various identities especially when we exist in an emerging global society.

Resistance to Critical Race Theory

Despite the applicability of critical race theory, the question that is often raised regarding the theory is if it should be taught within secondary schools. One participant went further and asked Dr. Allen “why is there resistance towards the theory being taught within schools?” Dr. Andrews suggested that white people often face difficulty in recognizing their own power and the shift in power once they realize their privilege in society. They remain complacent in attempting to understand racism systematically because, on an individual level, they feel they are not racist or discriminatory. Dr. Allen added on that within America, white people often have the luxury to view themselves as individuals compared to other minority groups who must identify with their racial group. Thus, white people do not feel that critical race theory is necessary to be absolved from a group-based identity.

The conversation shifted to address another question raised of whether people resist critical race theory due to ignorance or lack of understanding. Dr. Allen answers there is a culture of anti-intellectualism in which the general population prefers a non-expert over a more qualified person, even in areas of government. When Dr. Allen teaches her diversity courses, people often question the terms she presents, such as “cisgender,” and do not understand or recognize the importance of academia and scholarship in developing these new ideas or terms. Another participant argued that there is not a lack of understanding critical race theory, but that people simply do not want to engage in the conversation. They might not want their children to be taught that white people as a group have historically oppressed people of color. There is a misconception in America that discussing racism will create more racism, but people fail to comprehend that racism is implicitly taught by people around them saying or doing terrible things, so teaching that it exists and why it is wrong is important to prevent it from becoming a belief and practice in our children. In other countries where traumatic events of bigotry occurred like in Germany with Holocaust or South Africa with Apartheid, the events are explicitly taught and discussed to effectively address the ramifications of such tragic events. In the U.S., people often take the discussion of racism personally and do not recognize that it is a societal and systemic issue.

In discussing the role of critical race theory in schools, Dr. Allen emphasizes how the theory should not be solely taught as a lesson plan for the week, but rather be infused within the subject that is being taught. A participant who is a teacher raised a concern and asked Dr. Allen how to properly implement critical race theory into educational curriculum. Dr. Allen responded that it is important to acknowledge the history of certain forms of knowledge. For example, when discussing gynecological knowledge, it can be explained that this information was gained through the exploitation of black women through unethical scientific experimentation by people like Dr. Marion Sims and others. The point is not necessarily to teach critical race theory – a high level social theory – to high school students, but to teach them a true and accurate history of the systemic exploitation, discrimination, and marginalization of People of Color in American history as well as their contributions to our society. In this way, it is possible to de-center whiteness and white people as the dominant force driving our history and our future.

Thank you, Dr. Allen and Dr. Andrews and thank you everyone who participated in this eye-opening discussion.

International Day of Solidarity with the Palestinian People

In 1977, the General Assembly of the United Nations (UN) declared November 29th as the International Day of Solidarity with the Palestinian People. On this day, the UN holds an annual meeting containing the UN General Assembly and the Committee on the Exercise of the Inalienable Rights of the Palestinian People. This day promotes an opportunity for the international community to recognize the conditions of Palestine. Last year in 2020, the UN committee launched an exhibit focusing on the wall built along the occupied territory of Palestine. This wall is a landmark of significance for thousands of Palestinians as it holds as a symbol of solidarity and resilience. The wall contains poems and different forms of art from many Palestinian artists. This wall has been ruled to be illegal by the international court of justice, yet it holds much significance regarding the fight for Palestinian freedom. 

International Day of Solidarity with Palestine Flyer
Solidarity With Palestine: Yahoo Images

Significance of the Day of Solidarity with the Palestinian People: 

The declaration of this day was and continues to be a meaningful step to recognizing the injustices occurring in Palestine. This day serves as a general reminder to the UN and the rest of the world that there are still growing factors that continue to implement misery and suffering among Palestinian people. This year, the UN held the observance at the headquarters in Geneva. During the meeting, the conflicts that occurred this past year were highlighted and spoken about. Such as the expansions of illegal settlements, demolition of Palestinian homes and structures, and the occurring violence caused by the Israeli government and army. In May, Israeli settlers and army forces marched into a Palestinian neighborhood, Sheikh Jarrah, and removed many Palestinians out of their homes. At the General Assembly meeting, Mohammed El-Kurd, a Palestinian activist and journalist from Sheikh Jarrah, gave a speech describing the day the Israeli Jewish Settlers took half of his home. Last year, at the 2020 observance, the Secretary-General of the UN, stated: “we must also do all we can to ease the suffering of the Palestinian people.” The recognition of suffering and the occupation, although small, is a big step in fighting for human rights injustices across the globe. The day of solidarity also calls on the critical humanitarian and development needs of Palestinian refugees, especially during the times of the pandemic and the growing conflict.

 

Mohammed el Kurd giving a speech at the UN.
International solidarity with Palestine November 29, 2021. Yahoo Images

An Update on Palestine: 

The current conditions of Palestine continue to worsen as time passes by. More individuals are being displaced, more homes are being demolished, and the fight for freedom still continues. Although November 29th provides awareness and brings light to the question of Palestine, it is essential to recognize that every day these events occur. Palestinians are still living under occupied territories with restricted movement. This past year served as a reminder for the Israeli-Palestine conflicts such as the Nakba, also known as the catastrophe. In the spring, many homes in Palestine were demolished and given to Israeli settlers, which was a repeat of events that occurred in 1948 and 1967 in Palestine. Protests occurred all around the world, standing against the settlements and in support of the Palestinian liberation. As the obstacles for Palestinian liberation continue to worsen, the fight for freedom continues around the world.

 

Protests in East Jerusalem against the illegal settlements
May 2021 Protest in Sheikh Jarrah, Palestine. Yahoo Images

Human Rights Support for Palestine: 

Although the war has been occurring since 1948, there have been acknowledgments worldwide in support of Palestinian human rights. Past U.S. legislation includes H.R. 2407, introduced by representative McCollum in 2019, promoting human rights for Palestinian children living under the occupation. This bill also addresses the most significant factor allowing Israel to continue its injustices: U.S. funding for the Israeli military. The bill calls on the U.S. to cease all funding due to the indirect support that violates international human rights law. Unfortunately, this bill did not make it out of the House of Representatives. However, the bill has been reintroduced, and Rep. McCollum continues to support it along with the introduction of an additional H.R. Bill 2590. This bill directly addresses the U.S. funding and alliance with Israel in efforts to stop the aid of military detentions of Palestinian children. U.S. taxpayer money should not be used to support international human rights violations. With the rise in support by various groups, political organizations, and advocacy groups, it has a higher chance of passing and becoming law. In addition, Palestinian awareness being recognized through congressional bills and days such as the International Day of Solidarity with the Palestinian people, there is great promise in the future of this bill.

What’s Next: 

November 29th serves as an important reminder to the international community that the Palestinian struggle still exists, but it is not where our support should end. The topic of Palestinian liberation needs to be spoken about more and recognized. It is imperative to continue educating oneself and others about the Palestinian struggle and its history. A human injustice that occurred in 1948 still exists today and has worsened in aspects. Acknowledgment and bringing it to the attention of members of our government is critical. 

For more information, check out these links:

To learn more about the events that occurred in Palestine this past year and the reality of what many Palestinians go through daily watch Mohammed El Kurd’s speech given this year.

To learn more about the history of Palestine and Israel: Check out this interactive link explaining the history.

Taliban Executions and Amputations

In the literary classic depicting the aftermath of the French Revolution, Les Miserables, lead character Jean Valjean is sentenced to prison for stealing bread to provide for his family. In 2021 Kabul, Afghanistan, under newly-imposed Taliban rule, Valjean’s crime would at the very least lead to amputation of the limb that stole.

In the wake of Kabul’s fall to the Taliban, the world watches with bated breath to see what emerges from the conquered nation’s new occupiers.

Dimly lit scene of a morning in Kabul, Afghanistan. Two silhouettes appear against the background.
Unsplash

Then and Now: Justice under Taliban Occupancy

Operating under a rigid form of Sunni Islam, the Taliban enforces a radicalized form of Sharia—Islamic law. In the ‘90s under this severe interpretation of Sharia Law, the 90% of Taliban-controlled Afghanistan saw punishments for crimes range from “public executions of convicted murderers and adulterers, and amputations for those found guilty of theft”. Public executions in crowded stadiums chilled the world as media footage of these events was released.

In 2021, nearly 20 years after Afghanistan was temporarily freed of the Taliban’s occupation, it becomes increasingly clear that this harsh interpretation of Sharia will return just like its occupiers. Mullah Nooruddin Turabi, head of the Taliban’s Ministry of Propagation of Virtue and Prevention of Vice in the 90s, told the Associated Press that punishments acted as strong deterrents for criminal activity and were to be reinstated. In fact, while many stand in opposition to such strong and inhumane repercussions for crimes, some Afghans appreciate the rapid decrease in crime that accompanied the arrival of the Taliban. Interestingly enough, despite the harsh treatment of women under the Taliban’s rule, Turabi explains that rather than having a judiciary strongly weighted in favor of Islamic clerics adjudicate the cases, this time judges, women included, would weigh in on the ultimate adjudication. Whether or not the Taliban will go public with these amputations and executions remains unclear.

On the other hand as of late September of 2021, Taliban fighters in Kabul have taken matters into their own hands, executing vigilante justice for small theft through public shaming reminiscent of the past. With hands tied, faces painted, and bodies packed into pickup trucks only to be paraded around Kabul, public humiliation marks the beginning of what justice will look like under the new Taliban rule.

Brown gavel at rest.
Source: Upsplash

The Role of Technology in new Taliban Occupation

What exactly justice looks like, at least visually, could be left up to the hands of those living in Taliban-occupied Afghanistan. Turabi further elaborates on what Taliban rule will look like with the surprising admission of technology—phones, television, videos, and photos—as an essential component of everyday life that the so-called changed Taliban will allow. In this sense, the potential role of those living under Taliban rule is paramount as harbingers of an inhumane justice system.

Social media has proven to be a radical tool for change and accountability for actions local, domestic, and global. Seemingly light-speed seeds of change plant themselves in individuals as cries of injustice lead to timelines and social media stories amplifying calls for reform. Should public executions under new Taliban rule wind up on Facebook or Instagram, there’s no telling what exactly will happen, but one thing is for sure, fast and swift as a sword may swing to behead, social media will light fire to the Taliban’s harsh practices in public outcry.

Hand holding a smartphone.
Source: Upsplash

Keeping the embers of a fire of accountability perpetually burning is the best thing those seeking to check the Taliban’s rule from overseas can do. The new occupation of Afghanistan comes with a new need for social acceptance by larger nation-states, especially those in the UN. If the Taliban achieves social acceptability, it achieves acknowledgement as a valid form of government. Should a direct violation of Article 5 of the Universal Declaration for Human Rights arise—subjection “to torture or to cruel, inhuman or degrading treatment or punishment”—negative global feedback from the social media masses and more could waterfall into international political action against the Taliban. As of right now, nations have slowed their accusations against the Taliban with media not commenting or updating on the now occupied Afghanistan since late September.

For now, there is little chance that the Taliban will not partake in these harsh forms of justice from the get go, leaving many poor, hungry, trapped, and afraid as they aim to provide for their families. In this land that is no longer theirs to call home, for a stolen piece of bread, a prison sentence would be favorable to a limb amputation. The decision of which they’ll get is unfortunately out of their hands.

What can you do?

Those interested in aiding those currently residing or fleeing this occupied country can engage in:

(1)  Reading the news to stay informed about what is happening under Taliban rule

(2)  Using social media as a tool to amplify the voices that cannot be heard

(3)  Writing to your local Senator and House of Reps legislators to engage in action that would either hold the Taliban accountable or altogether refuse acknowledgement of its rule as valid

(4)  Donating time and money to help relocate the refugees.

 

Women’s Education in Afghanistan

When the Taliban captured Kabul in August, a bleak future dawned on girls and women across the country. Despite the Taliban’s promise to be supportive of women’s goals under Islamic law, the deadly crackdown on the progress of women’s rights has already begun.  

The Taliban regime, like the older one that ruled from 1990-2001, upon capturing the capital, shut down the Ministry for Women’s Affairs and replaced it with the Ministry for Protection of Virtue and Vice. Later, they announced that women cannot go out in public without a male relative or without being fully covered, and female workers have been instructed to stay home. Education, politics, sports, freedom of expression, and whatever else requires women venturing outside with a voice has been banned by the government, punished by beatings or floggings.  

Afghan Women in Veils
Afghan women in veils with the words “Taliban vow to respect women We can still see We can still watch We can still notice We will no longer accept.” Source: Flickr

Education and Occupations 

Girls’ education in Afghanistan took a lot of effort to achieve, but many obstacles, specifically financial security and accessibility, still stand in the way. Knowledge gives individuals mobility and power to decide their future for themselves — a source of pride that Afghan women have fought for. In Afghan villages and cities alike, many women and girls would work for low wages in poor conditions to finance their education, and now these efforts and opportunities have been ripped away.  

Pride is now fear. After the fall of the Afghan cities Kabul and Herat, the Taliban prohibited girls over 6th grade from attending school and segregated universities between genders. Boys were allowed back weeks ago, but no indication was given to girls — a silence that told them to stay home. The regime previously stated that education will resume under the laws of Islam. Even if girls can go back to school, they may not learn certain subjects such as engineering, vocational education, cooking, and government studies.  

Dreams of becoming pilots, surgeons, activists, and lawmakers have evaporated for Afghan girls, and women already educated under a democratically controlled Afghanistan are seeing their lives turn on their heads. A university student who was supposed to graduate with two degrees from the American University of Afghanistan and Kabul University frustratedly remarked that she must hide any IDs, diplomas, and all evidence that she received a higher education, throwing away decades of work for her career. If she does not do so, she risks the lives of herself and her entire family. 

A class for girls in a village school outside Jalalabad, Afghanistan.
A class for girls in a village school outside Jalalabad, Afghanistan. Source: Flickr

The Taliban is not their only issue, however. Many female political figures remaining in Afghanistan fear retaliation from men they jailed or sentenced. Despite the years of progress since the last Taliban occupation, women in powerful roles still made men in Afghanistan uncomfortable. The Taliban has not instituted strict restrictions on law and order  allowing incidents of physical and sexual violence against women to increase. 

Female Workers 

Women have taken to streets demanding their rights back as the Taliban prepares to deal with international questioning for their rise to power. Although once numerous after the fall of Kabul and Herat, protests are now few and far between. Organized protests were broken up by the Taliban’s gunshots, beatings, and killings in early September, effectively dampening the morale of activists. Now, the regime demands prior registration with a detailed account of the event and any slogans that are to be chanted, decreasing the right to assembly in the nation. 

Female journalists, teachers, activists, and especially judges are also being targeted by the oppressive regime. It is common practice for the Taliban to break into homes of instrumental feminist voices and threaten their families, and the United States’ promise to protect Afghan women activists from the Taliban has fallen flat.  

Former Afghan legislator Fawzia Koofi fled Afghanistan to Qatar after she was placed under house arrest and guarded day and night by the Taliban. Parliament members Shagufa Noorzai and Homa Ahmadi escaped to Athens, Greece, along with 177 other high profile female lawyers and judges with help from the Melissa Network and Human Rights 360. Even though activists like Koofiand Noorzai are far from their home country, they have already started networking to protect the rights of women and girls from where they are. 

In late August, 15 members of the inspiring 20-member Afghan Dreamers fled Afghanistan, with 10 arriving safely in Mexico City, Mexico, and 5 in Doha, Qatar. This all-girls robotics team made waves after winning multiple international robotics competitions in the United States and becoming a luminescent symbol of the potential of girls in science, mathematics, and engineering. These girls left with the hope of continuing their education and competing in robotics tournaments. Some girls voluntarily stayed behind to help education efforts in Afghanistan. They all hope that their achievements and stories will empower girls in their home country to fight for their education and convince the regime to adapt to a new generation of women. 

Private Afghan universities require girls to wear an abaya and niqab.
Private Afghan universities require girls to wear an abaya and niqab. Source: Flickr

Education as a Human Right 

The Taliban violated many articles of the Universal Declaration of Human Rights (UDHR). Article 26 proclaims that basic and fundamental education should be free, compulsory, and equally accessible. Education is stated as the driving force to foster respect for human rights and personal freedoms all over the world which is crucial for women to rise from societal restrictions. 

The head of the Afghan Women’s Network, Mahbouba Seraj, emphasizes that Afghanistan is not the same country that the Taliban left. Women will not sit and stand by while they try to take away their rights. Over 6 million women have established their presence in traditionally male-dominated fields such as media, medicine, law, and government. She believes that the gender equality movement in Afghanistan will prevail over the Taliban’s resistance.  

Earlier in October, the United Nations Human Rights Council voted to approve a rapporteur on the grounds of Afghanistan to investigate and report civil and human rights violations. The European Union’s ambassador to the UN cited particular concern for the restrictive actions of the Taliban against women and girls. In addition to the UN, the public can offer donations to other international human rights organizations that are also working on the safety of female Afghanistan officials and girls seeking to continue their education such as Amnesty International, CARE, and Women for Afghan Women.

The Current State of Sex Trafficking and Celebrity Perpetrators

Girl with text "The Truth about Sex Trafficking"
Source: Yahoo Images

According to the National Human Trafficking Hotline, “Sex trafficking is a form of modern-day slavery in which individuals perform commercial sex through the use of force, fraud, or coercion.” Sex trafficking has commonly been regarded as a human rights crisis that receives an inadequate amount of attention. However, recent news articles surrounding the arrest and conviction of musical artist R. Kelly have invoked national concern over the issue of sex trafficking rings. The arrest of R. Kelly highlighted how minors and members of marginalized groups are disproportionally affected by the sex trafficking industry and that the issue cannot go ignored by media outlets and the public. In 2019, nearly 70% of human trafficking victims in the U.S. were identified as either being sex trafficked, or victims of both forced labor and sexual exploitation. The High Court recently stated that 25 million people worldwide are not afforded their fundamental right to freedom; however, the International Labor Organization estimates the number of human trafficking victims to be approximately 40 million. It is difficult to maintain an accurate report of victims and survivors of human trafficking since cases are largely unreported.  

Who is most at risk? 

Although sex trafficking can happen to anyone, regardless of race, gender, or age, victims are most frequently identified as members of marginalized groups and communities. The National Human Trafficking Hotline stated that “56 percent of prostituted women were initially runaway youth.” Runaway and homeless youth often lack a strong support system making them especially vulnerable to becoming victims of trafficking. Since child participation in commercial sex acts of any capacity is illegal in the U.S. and many countries around the world, these children are a part of a strenuously handled special victims group. Other groups susceptible to human trafficking include those who have endured past traumatic events or violence because traffickers exploit trauma to control and attract their victims.  

Trafficking in the Pandemic  

In recent years, human trafficking has received less attention from the media and general public due to the Covid-19 pandemic occupying the majority of major news publications.  The Covid-19 pandemic may have slightly paused our lives; however, the pandemic did not pause trafficking crimes as many law enforcement officials had hoped. Instead, traffickers have used the effects of the pandemic to their advantage. As many people are experiencing higher levels of economic and social vulnerability, there is consequentially a growing number of individuals put at a higher risk of becoming victims of trafficking. According to the U.S. Department of State, “COVID-19 mitigation efforts, such as stay-at-home orders and travel limitations, increased rates of gender-based violence and substance abuse, both of which put individuals at a higher risk of human traffickers exploiting them.” 

Celebrity Sex Traffickers  

Jeffrey Epstein and R. Kelly
Source: Yahoo Images

American singer and songwriter R. Kelly has recently been accused and convicted of multiple sex trafficking crimes. With accounts that span over two decades, Kelly was found guilty of using his superstar status to bribe and blackmail women and children for sexual exploitation. Tellingly, prosecutors claimed that it was this “superstar” status that allowed Kelly to use his persona to hide his crimes, and his victims, in plain sight. On a CBS interview with Gayle King in September of 2021, Azriel Clary, who had been one of Kelly’s “girlfriends” for five years from the time she was just 17 years old, admitted that she had been heavily manipulated and abused both sexually and verbally, which she also stated while testifying in court against Kelly. Curry went on to say that she regretted defending, now 54-year-old Kelly, in a prior interview with CBS in 2019. Curry admitted that she had lied to Gayle King regarding the condition she and his other victims were enduring in an attempt to satisfy Kelly and out of fear for her own safety. 

Unfortunately, R. Kelly’s case is not the first-or only -time famous artists or other celebrities have used their power to justify and attempt to get away with sexual crimes. One of the most famous of these cases involves financer Jeffrey Epstein, who was arrested in 2019 for his role in facilitating a sex trafficking ring on a private estate in the U.S. Virgin Islands. He was also convicted as a child sex offender due to his role in coercing minors into sexually exploitative acts as well. Some of Epstein’s famous acquaintances include former presidents Bill Clinton and Donald Trump, who each faced backlash for their connection to Epstein yet were not convicted for committing a crime. Regardless of their level of indictment, cases like these have raised questions regarding why so many celebrities feel that their A-list status increases their ability to disregard the law, and how many may be successful in getting away with various crimes due to their social power and other resources. 

The fight against Sex Trafficking & #MuteRKelly 

people protest outside with #MuteRKelly signs
Source: Yahoo Images

Many current anti-trafficking efforts have had to adapt swiftly amidst Covid-19 protocols and safety measures. According to the U.S. Department of State’s 2021 Trafficking in Persons Report, “governments and civil society organizations conducted in-depth research assessments on the impacts of COVID-19, leveraged technology as a method to address emerging trends, adapted policy approaches, and sought to expand protections for victims.” The anti-trafficking communities’ pivot has been essential in the continuous attempt to rescue and prevent victims from trafficking and the ongoing data assessment and research of current information.  

Regarding R. Kelly’s case specifically, viewers of the accusations and trials have taken to the streets in protest and to social media in attempt to “#MuteRKelly” in support of his victims. Although the “MuteRKelly” movement was deemed by his own supporters as an unnecessary use of ‘cancel culture’ tactics, many have stood their ground that Kelly made no excusable offense and should face up to life in prison. 

Learn more about supporting possible sex trafficking victims and how to receive help by visiting the National Human Trafficking Resource Center, or the National Center for Missing and Exploited Children. 

The History of Policing in the US and Its Impact on Americans Today

Feature Picture
Several policemen in riot gear spray the camera crew walking by with a fire hose. Source: Yahoo Images

Policing in America has a long history, one that dates back to the founding of this country. Although it has always been a controversial issue, the recent instances of police brutality that have come to light along with the increasing momentum behind the Black Lives Matter movement have forced it back into the social and political limelight. The differences in beliefs are influenced by popular political outlets and political activists on both sides of the spectrum. However, when examining the history and the facts surrounding the creation and implementation of the policing system in the US, it is clear that policing also shares a racially biased history.

The History of Policing in America

The history of policing can be traced back to the days of slavery in colonial America. In the South, where slavery was central to the economy, slave patrols, responsible for capturing runaway slaves and returning them to their masters, was the first unofficial police in America. Considering how slavery itself was one of the most egregious treatments of mankind in human history, slave patrols were especially cruel in the ways they captured runaway slaves and punished them for their daring escapes. Slave rebellions were a constant threat to the economic status quo of the southern plantation owners, and slave patrols ensured that these owners were able to intimidate and punish any insurgencies or revolts. In return, these wealthy plantation owners protected the interests of the slave catchers. As a result, this practice created a social hierarchy between the wealthy landowners at the top, the slave patrols separating the wealthy from the poor, and the slaves who were at the bottom of this hierarchy.

To show that the history of policing as slave patrol is a known fact
A crowd of protesters advocating for the end of police brutality. One of the women in the crowd holds a that reads, “US police began as slave patrol.” Source: Yahoo Images

These slave patrols slowly morphed into policing units in charge of breaking up insurgencies that began to rise in the aftermath of the Civil War. When the Civil War ended, many colonists, especially Southerners, felt threatened by the population of freed African Americans, arguing that they would disrupt the social order. As a result, African American communities experienced an increase in violence committed against them in the form of police brutality. The Reconstruction Era, which came immediately after the Civil War,  was a racially charged environment, as the newly freed citizens attempted to live peacefully amongst their oppressors.

During the Reconstruction Era, cruelty was the policing style, and protecting the economic interests of the wealthy proved very beneficial to these units. Police were used as a way to provide a sense of security for the white communities, keeping the black communities intimidated and segregated from the white population. Additionally, reconstructing the South after the war would require a lot of free labor, and much of the reconstruction that took place was achieved through the enforced hard labor of the newly freed populace, who were shortly enslaved again, this time through the prison system.

Known as the Jim Crow laws, a number of legislations were passed in an attempt to keep the black and white communities segregated, and racist policies were put in place to target and imprison people of color. In part due to the loophole in the thirteenth amendment, which abolished slavery except as a form of punishment, policing centered around rounding up and arresting African Americans for violating the racist Jim Crow Laws, denying them their fundamental rights as human beings. Racism was still rampant in the South and was especially tolerated under the prison system. Ironically, the loophole provided by the thirteenth amendment gave rise to today’s prison industrial complex.

These racist policies were further encouraged by the passing of the “separate but equal” verdict by the Supreme Court in the Plessy v. Ferguson case, and they continued to target African Americans for simply existing. The Plessy v. Ferguson case argued that as long as both white communities and black communities were able to have access to the same resources, they could remain segregated. The verdict only emboldened and encouraged policing to incorporate racism into lawful practice. Unfortunately, this legal segregation lasted almost a hundred years, until the passage of the Civil Rights Act in 1964.

Continuing their roles of breaking up insurgencies, policing during the Civil Rights Movement centered around riot control. As the Civil Rights Movement took place, inspiring hundreds of people to come together to demand justice, police were on the frontline of the opposing end, protecting the economic interests of America at the expense of human beings. Police used water hoses, police dogs, tear gas, and other crowd control measures to break up protests and peaceful sit-ins. The police would also brutally beat up and bruise the peaceful protesters, while others were incarcerated for daring to protest for their civil rights.

Policing since then has evolved to incorporate discriminatory practices, such as the “stop and frisk” policy – which empowers police to stop and search someone without a warrant if they have a reason to believe that individuals are doing something wrong – or the practice of racial profiling individuals to “fit” the description of a suspect the police can then target. Along with these practices, the war on drugs further aggravated the situation, granting the police the power to detain drug users by racially targeting people of color, and further enabling discrimination and harassment of marginalized communities. Today, the discrimination that is present in policies like stop and frisk, and racial profiling; and the war on drugs upholds the social hierarchy created during the times of slavery. These unethical policies continue to bolster the wealth and income inequality between wealthy communities and marginalized communities.

Additionally, the Revolving Door Phenomenon continues the historical practice of sabotaging marginalized communities. The Revolving Door Phenomenon refers to the fact that even after prisoners have served their time and get released, many of them end up back in prison. This is largely due to the many difficulties they face upon re-entering society, like finding employment, finding housing, securing transportation, and not being able to vote and be represented, to name a few. They can also face homelessness, and as a result, become victims of police brutality. Unfortunately, police brutality is still rampant to this day with no accountability of the police. The Black Lives Matter Movement, which became a worldwide phenomenon during the summer of 2020, is attempting to bring an end to police brutality and the violent murders of unarmed African Americans committed by the police.

Police Brutality and Rise of the Black Lives Matter Movement

To show how popular the movement has become
Black Lives Matter protest in downtown Los Angeles. July 1st, 2020; Source: Yahoo Images

The Black Lives Matter protests began in response to the murder of Trayvon Martin, a 17-year-old African American boy that was murdered by a White man on Neighborhood Watch. The man, George Zimmerman, was acquitted, facing no form of accountability for his actions. The hashtag movement gained further popularity when Michael Brown was murdered by a White officer, and yet again, no one faced any charges for the killing of a Black man. The Black Lives Matter movement encouraged people to record and report any instances of police brutality they witness, and soon, hundreds of civilians reported such instances on social media.

The murder of George Floyd was caught on camera, and this recording enraged the public. As a result, the Black Lives Matter Movement expanded nationwide, and over the years, has become a worldwide phenomenon. This movement brought attention to the frequent instances in which innocent African Americans were brutally murdered by the police. An NPR investigation revealed that since 2015, there have been 135 instances in which the police have murdered unarmed African Americans. They also found that of these 135 instances, 75% of the time, the officers were White. Another source places the total number of people who have died at the hands of police as high as 1,126, and that’s just in 2020. They allege that 96% of those deaths were a result of being shot. Reprehensibly, these instances continue to occur, as people such as Tameer Rice, Bryanna Taylor, Ahmed Aubrey, Jamarion Robinson, Ronald Greene, and too many more have continued to face cruelty at the hands of the police.

Especially jarring is the cruel way in which Ronald Greene was murdered. The brutal death of Ronald Greene, an African American man who was beaten and shocked to death by a group of police officers, has been under investigation since 2019. The police falsely testified that he had died in a car crash, but body camera videos show the extent to which the police viciously killed Greene as he begged them to stop. Additional reports came back on Greene’s autopsy that further discredit the claims of the police that Greene sustained fatal injuries due to a car crash. Heartbreakingly, this is yet another instance of police brutality that was allowed to occur.

To show just a few of the names of the people who have been victims to police brutality
Among a group of protesters, one activist holds a sign with the names of Eric Garner, Mike Brown, and Tamir Rice, three of the well-known victims of police brutality. Source: Yahoo Images

Accountability

One of the main reasons why police brutality continues to take place is due to the fact that the police face no real consequences for their actions. As has been the case too many times, police are reported to be found in compromising situations, leading to the inhumane treatment and in many instances, death of innocent people. Following those reports of human rights violations, it has also become common-place to find that those officers accused of brutality rarely get charged or punished for their behavior. They are generally held accountable only due to public outcry. Unfortunately, even then, accountability comes in the form of simply getting transferred to a different department. Too many instances over the past decade have highlighted the dangers of a militant police force without proper policies in place that hold responsible those that abuse the law. Policing leads to a power dynamic between communities and authorities, and in the wrong hands, without the proper measures of liability in place, can lead to an abuse of powers and people alike. As a result of the racial history that plagues America, the relationship between the police and marginalized communities is one that is (understandably), very fragile and filled with distrust.

Reform or abolish?

Many people have proposed policies to reform the police system in America. This can get pretty complicated, as police departments all across the country follow different rules and regulations and are state-funded entities. This can mean that implementation and enforcement of regulations can be a difficult task, requiring different entities for each state. Furthermore, there is not much data collected on policing misconducts, and the available data can be biased or lacking details. Additionally, many of the acts of police brutality are explained away using legal powers vested in the police, such as the ability to use force while conducting an arrest. The vague language of the policy allows the police to use excessive force and justify their actions in court. Moreover, police unions hold a tremendous amount of political power and influence and protect their officers from facing any real accountability. Even the attempts at limiting qualified immunity, (which protects government officials from civil lawsuits) have gotten nowhere, as the George Floyd Justice in Policing Act of 2020 has yet to be passed in the Senate.

An info graph that showcases some of the misuses of the police budget and supports calls to defund the police.
An info graph that depicts some of the data that supports defunding the police. Source: Yahoo Images

As a result, cries to abolish the police have increased since the Black Live Matter protests of summer 2020. While police may be effective in situations where a crime has occurred, the abolitionists of today argue that police only complicate things in some instances, including interactions with people of color or when approaching people with mental illnesses or disabilities. Without being educated on systemic racism and the role of the police or having the proper training to care for people with mental or physical disabilities respectively, the police can make things worse, even if they are attempting to de-escalate the situation. The abolitionist approach is to restructure the entire policing system in order to divide the undertaking of community safety and security into various different institutions that are tasked with protecting the human rights of individuals. This enables the option of having other agencies in place aimed at solving community issues and nurturing a relationship with people within the community, making it more accessible and reliable for the community members to ask for assistance. Doing so could eliminate the oppressive climate brought on by the social hierarchy that has been ever-present in policing throughout American history. By reshaping society and its structures, we can ensure that the needs of the people in society are met, while preserving their fundamental human rights.

 

 

A Look at Marking Time: Art in the Age of Mass Incarceration

The Exhibit

Girl in front of Pyrrhic Defeat: A Visual Study of Mass Incarceration by Mark Loughney
Mark Loughney, Pyrrhic Defeat: A Visual Study of Mass Incarceration, 2014-present. Series of graphite and ink drawings on paper. 725 pieces total. Each 12 x 9 in. Courtesy of the Artist. Source: Original Photo

The Abroms-Engel Institute for the Visual Arts  (AEIVA) has welcomed a new exhibit, “Marking Time: Art in the Age of Mass Incarceration”. The exhibit explores the United States’ criminal justice system, mass incarceration, discrimination and the very concept of justice with works from more than 70 different artists. Many of the pieces on display come from artists who are or were incarcerated, who used art as an essential outlet and form of expression within prison. Nonincarcerated artists are also featured, influenced by the damages of mass incarceration within their families and neighborhoods. The entire exhibit creates a critique of mass incarceration from a human right’s perspective, representing the voices of incarcerated persons that are typically silenced or ignored. “Marking Time” boasts three galleries of moving pieces that speak to the gravity and scale at which the human rights violations within our punitive justice system disenfranchise impoverished and minority communities throughout the United States, and features data and interviews that discuss ways these glaring problems should be addressed and combatted. 

“Marking Time” was organized by curator Dr. Nicole R. Fleetwood, who has spent a decade researching the importance and development of visual arts and creative practices for incarcerated persons. Dr. Fleetwood deliberately removed any mention of charges or reasons for conviction for the incarcerated artists featured in the exhibit, forcing viewers to remove a layer of prejudice or thought regarding whether or not the artist is inherently a “good” or “bad” person, or deserving of their incarceration. As I progressed through the galleries of “Marking Time ”, one of the first things I noticed was exactly that; how I continuously perceived the artworks as being the creations of a fellow artist, not a criminal or prisoner. This intentional shift in perception creates an environment of thoughtfulness, analysis and depth that may not have been achieved otherwise, and makes the exhibit an excellent ignition for thought, conversation and activism.

When analyzing the works themselves, I was surprised to see how many were masterfully created from hair gel, sheets, uniforms, newspapers and contraband items when traditional art supplies were not accessible. Incarcerated artists are often limited in the tools they have to create art from, but countless works within “Marking Time” reveal the true resilience of an artist’s spirit, and how artistic expression can prevail above the smothering limitations of prison.

The Pieces 

As this exhibit has been analyzed and discussed through its many travels from MoMA to AEIVA, I wanted to highlight a few of the pieces and discuss their particular significance to the conversation of human rights within the United States punitive justice system and mass incarceration.

Pyrrhic Defeat: A Visual Study of Mass Incarceration by Mark Loughney

Hundreds of sketched portraits decorating a wall.
Mark Loughney, Pyrrhic Defeat: A Visual Study of Mass Incarceration, 2014-present. Series of graphite and ink drawings on paper. 725 pieces total. Each 12 x 9 in. Courtesy of the Artist. Source: Original Photo

 

Loughney’s series, Pyrrhic Defeat, is named for a theory within criminal justice studies that explores how a failing criminal justice system that discriminates in its criminalization of certain groups substantially benefits certain elites. Mark Loughney has created over 750 portraits of his incarcerated peers in order to mark the passage of time within his own sentence, as well as provide fellow inmates with a positive alternative to the dehumanization caused by mugshots and prison IDs. His pieces provide the individuals with a level of personalization, dignity, and respect that is often forgotten and ignored within the prison system. Loughney spends 20 minutes on each sketch, and has to carve a creative, open atmosphere for each session out of the typical chaos and disruptions within a prison environment.

Untitled by Gilberto Rivera

Three mixed media paintings depicting the chaos of the Covid-19 pandemic.
Gilberto Rivera, Untitled, 2020. Newspaper, caulk, silicone, spray paint, acrylic, and markers on canvas and recycled canvas. L: 48 ½ x 60 in C: 59 ¾ x 51 ⅜ in R: 48 ¼ x 60 in, Overall: 60 x 156 ½ in. Courtesy of the Artist. Source: Original Photo

 

This Triptych by Gilberto Rivera places a spotlight on how mismanagement of the Covid-19 pandemic negatively impacted vulnerable communities throughout the artists’ hometown of New York. Rivera was a graffiti artist prior to his incarceration, and this piece truly reveals the artist’s emotions and style in a brilliant display of keywords, colors and figures. Rivera’s triptych incorporates newspaper clippings that highlight his disgust for how minority and immigrant essential workers were neglected as well as the fear incarcerated people experienced throughout the public health crisis. Prisoners across the globe were put into lockdowns to prevent the spread of Covid-19, and the result of this is an experience extremely similar to that of solitary confinement; a punitive mechanism proven to have extreme mental and physical health consequences. Despite these sweeping lockdowns, extreme overcrowding lead prisons to host the majority of the largest single-site outbreaks since the start of the pandemic. Despite these major outbreaks and casualties, prisoners fell to the bottom of priority lists for treatment and aid when medical equipment and essential items faced shortages. Rivera’s piece displays frustration and criticism of these issues that have hardly received the mainstream coverage they deserve.

Ellapsium: master & Helm by Jared Owens

Three painted panels with painted blueprints of a slave ship and federal prison overlapping.
Jared Owens, Ellapsium: master & Helm, 2016. Mixed media on birch panels. Each: 48 x 31 in. Courtesy of the Artist and Dr. Nicole R. Fleetwood. Source: Original Photo

With Ellapsium, Jared Owens addresses the racism of the criminal justice system as well as hierarchies and power struggles within Fairton, the correctional institution where Owens was imprisoned.  This complex work features symbolism as a form of rebellion and disapproval, and bears an immediately recognizable resemblance to the infamous map of the Brookes Slave Ship from 1788 that displays how slaves were forced to live through their passage to America. This intentionally chosen symbol represents the violence, dehumanization, and other atrocities that slaves faced in early American history. The second and less known image present in this work is a blueprint of the Fairton prison; Owens’ combining of the two blatantly compares the horrors of the historical institution of slavery to the atrocities and discrimination committed by the United States’ current carceral state. Owens also utilizes color symbolically throughout his piece, and all of the colors used correlate to the artist’s daily life within a federal institution. The green of the institutional walls represents restriction and being subdued, blue represents the uniforms worn by prison guards, and brown represents the uniforms of those imprisoned. Orange, the most used color within the piece, was used within Fairfield to indicate areas that were off limits and unavailable to incarcerated persons, so Owens deliberately used that color for the boundary between the blueprint of the slave ship, of Fairfield, and the world outside of the two. 

Owens is open about how his pursuit of art posed a legitimate threat to him within the Fairfield facility. Being caught with planks of wood to paint on or stretch canvas could have resulted in solitary confinement, extension of his sentence, or complete confiscation of personal possessions and art supplies. While these overwhelming restrictions greatly limited Owens while he was in prison, he has chosen to use his experience to create, raise awareness, and call for change- like so many artists featured alongside him in “Marking Time”.

Peace, Love, Harmony by Susan Lee-Chun

A rack of uniform orange detention hoodies, with patterns on the interior lining.
Susan Lee-Chun, Peace, Love, Harmony, 2007. Cotton fabric and dye. 36 x 60 x 18 in. Courtesy of artist. Source: Original Photo

Women on the Rise! (WOTR) was a feminist art project founded by Dr. Jillian Hernandez to provide girls in juvenile detention facilities with a platform for self-expression and dialogue. Inspired by her participation in this project, Susan Lee-Chun worked with a group of girls in juvenile detention to explore the politics of fashion, and asked her participants to “Think about who you are, what words, images or symbols define you or your beliefs. Use them to create a fabric design”. The resulting hoodies on display conform to detention center uniforms on their exterior, and on the inside feature patterns with rainbows, checkers, and the word “Love”. Upon completion of this project, Lee-Chun attempted to give the girls she worked with the resulting hoodies of their creation; and was denied that request. None of the girls involved were allowed to wear the hoodies. In public defiance, Lee-Chun’s hoodies now hang among the many artworks of “Marking Time”, criticizing a system that would prioritize conformity and uniform over the individuality, creativity and expression of a child. 

How To See “Marking Time”

If you would like to see “Marking Time” and any of the artworks or artists featured above first hand, the exhibit is free and available to the public until December 11. Reserve your free ticket to view the exhibition here. Spaces per time slot are limited to 10 for a one-hour long visit. If you cannot make your time slot for any reason, please cancel the booking or call 205-975-6436. If you have any issues with booking your ticket or would like to reserve a group tour, contact AEIVA at aeiva@uab.edu. 

Visitors must wear a mask at all times inside the AEIVA building and keep socially distanced. Free and metered parking is available along the streets surrounding AEIVA. Safety is UAB’s priority. The pandemic is a fluid situation that UAB is monitoring, in consultation with infectious disease and public health experts; events will be subject to change based on the latest COVID-19 safety guidelines. 

All upcoming “Marking Time” programs are designed as hybrid events, with both in-person and virtual components. AEIVA is prepared to move any of the events entirely virtual at a moment’s notice. Visit AEIVA on Twitter, Instagram and Facebook for the latest updated information.

COVID-19 and the Native American Population

In retaliation to a day celebrating the world’s best-known colonizer, the infamous Christopher Columbus, on October 11th, Indigenous People’s Day highlights the culture, struggles, and history of America’s indigenous population. A silent struggle, however, persists: disease.

Native Health Disparities in COVID

The early 1600s brought to America the infamous two Gs—guns and germs—the latter proving the most deadly as bouts of influenza took a toll on Native American populations across what is now the United States. In the age of modern medicine, it comes as a surprise that disease still wreaks havoc on America’s indigenous population. The ongoing COVID-19 pandemic is no exception.

While COVID-19 holds a dizzying death count as its trophy, the disproportionate difference between white people and minorities, including Native Americans, is staggering. In fact, Native Americans can experience anywhere from 3 to 4 times the risk of dying from COVID-19 as compared to their white counterparts.

An animation of what COVID-19 looks like at the viral level
Unsplash

Funding the Indian Health Service

This vast gap is a reflection of poor medical and public health services for Native Americans. Health disparities that plague the Native population include diabetes, heart disease, and rates of addiction to harmful substances. These follow a similar pattern of COVID-19 with Natives being more likely to experience these chronic conditions compared to all other racial categories. These disparities could potentially be alleviated by greater equity in access to medical and public health services, but a fundamental issue in providing this care lies in Native sovereignty. As determined by Worcester v. Georgia, 31 U.S. 515, Native American land, or reservations, are considered sovereign land. While at face value this seems to be a win empowering Natives and acknowledging their right to the land that was once theirs, it creates a vacuum of public services.

Encapsulated by possessors of what was once their land, Native health and well-being are bound by the constraints of the state. A lack of widespread taxes, natural resources, and human resources leaves the reservations reliant upon the ‘external’ state of America for support and sustenance. Most money generated on reservations largely consists of gambling and casino money—practices usually outlawed in the surrounding states. This money only goes so far in providing for the tribe as money often stays within certain families, leaving the rest of the reservation in high rates of poverty.  Thus, the main provider of health care for nearly 2.2 million members of the tribal communities, the Indian Health Service, is funded by American tax dollars. And yet, the IHS’s hospital system is severely underfunded and understaffed. The main mechanism created to fight disease seems designed to fail. In this sense, disease continues to persist as a remnant of colonialism, which directly violates the fundamental human rights to accessible health care and to acceptable standards of living.

Canyon landscape in the American Southwest.
Unsplash

Vaccination Rates on the Reservation

The only light at the end of the tunnel is the rapid rate of Native American vaccination against COVID-19. While co-morbidities and co-mortalities make it such that if COVID is contracted, Natives will be more susceptible to death, the COVID-19 vaccine acts as an equalizer. Once vaccinated, the likelihood of death by COVID-19 significantly decreases.

Native American tribes have been able to boast proud levels of herd immunity with large tribes like the Navajo Nation at roughly 70% fully vaccinated as of May 2021. This commendable statistic is a result of rallied community effort. Cultural values of supporting the elderly and a strong sense of family and allegiance to the tribe—values typically highlighted in Indigenous People’s Day—worked in favor of creating a climate in strong support of vaccination and vaccine acquisition.

Gloved hand pulling the liquid of a bottle labeled COVID Vaccine into a syringe meant to vaccinate people.
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Looking Ahead

While the tide has turned in favor of Native Americans, preventing them from being labelled as  another health disparity statistic in COVID-19, it is important to remember and to look towards long-term health care equity and solutions for Natives. While increasing funding for the IHS is certainly a good starting point, robust public health interventions and funding for community programs is necessary. Funding dollars from the top could in theory trickle down, but grassroot rallying and support for public health interventions in a community where cultural values of togetherness and unity already exist could prove to be the needed impetus for transforming not only health care access and quality for the Native American population but also general standard of living that leads to health baselines which are robust to disease.