For years the United States (US) has been employing extraterritorial jurisdiction to impose oppressive sanctions on foreigners. Often, these sanctions violate due process rights because they are imposed without providing individuals with adequate notice, a fair hearing, or an opportunity to challenge the designation. The US has the authority to freeze assets, ban travel, and place other restrictions on financial transactions. This significantly impacts an individual’s human rights as the freedom to travel, freedom to work, and freedom to have privacy. Targeting individuals abroad for alleged activities that occurred outside of the US makes it evident that these restrictions are over-complying out of fear, a fear which is rooted in ethnophobia. Many Americans fear immigrants are taking their jobs, and sanctions like this only bolster this. Arbitrarily depriving someone of their property based on where they are from is an inherent violation of human rights. Unilateral coercive measures like the Global Magnitsky Act, Specially Designated Nationals and Blocked Person List, and Office of Foreign Assets Control sanctions have a disproportionately negative effect on international people.
Global Magnitsky Act
The Global Magnitsky Human Rights Accountability Act authorizes the president to block or revoke the visas of certain “foreign persons” (both individuals and entities) or to impose property sanctions on them. People can be sanctioned (a) if they are responsible for or acted as an agent for someone responsible for “extrajudicial killings, torture, or other gross violations of internationally recognized human rights,” or (b) if they are government officials or senior associates of government officials complicit in “acts of significant corruption.” It was enacted as a deterrent for foreign political corruption but instead was a catalyst for arbitrary detention and arrests without due process. There is a lack of transparency and little to no evidence provided to justify designating individuals under the Act. UN Special Rapporteur Alena Douhan concerned about human rights violations states, “This is a clear violation of due process rights, including the presumption of innocence and fair trial.” The Act allows the US government to impose sanctions on individuals accused of human rights violations and corruption but does not provide them with a fair opportunity to challenge these allegations. Though it serves the purpose of preventing acts of terrorism and maintaining foreign accountability, the language is not concise enough to prevent arbitrary detentions or sanctions.
Specially Designated Nationals and Blocked Person List
The SDN list is updated regularly with the names of individuals, entities, and organizations deemed to be involved in a range of criminal activities such as terrorism, narcotics, or arms. Therefore, US nationals are prohibited from engaging in any form of transaction with SDNs. Based on similar provisions under the Patriot Act, the government can block all of an individual’s or entity’s assets in the US. Similar to Magnitsky, there are concerns over transparency and due process violations. There have been inconsistencies in the way that individuals and entities are designated on the list, including cases where some individuals or entities are designated while others engaged in similar activities are not. Since the process behind the designation is not made public, it begs the question what is the real intention behind this decision and are there any underlying motives? Also, the list is public which subjects the individuals on the list to political abuse by targeting people that are seen as political opponents or rivals, rather than based on evidence of wrongdoing. “This is a clear violation of due process rights, including the presumption of innocence and fair trial, “ The Special Rapporteur observed.
Office of Foreign Assets Control Sanctions
OFAC is an office of the U.S. Treasury that administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted individuals and entities from foreign countries. OFAC sanctions can have unintended consequences and harm innocent parties, such as businesses or individuals that have no connection to the sanctioned entities or countries. The exterritorial reach the US has over foreign businesses is overt and unnecessary. Similar to the other legislation, there is a significant gap in knowledge between the government and the individuals affected. They do not know what they have done that has caused them to be targeted. The affected parties have no way to challenge these accusations if they are not aware of what they have done wrong, thus hindering the due process. The UN expert mentioned how human rights are infringed upon when US trade sanctions against specific countries penalize foreign companies for doing business.
Revaluate
While these laws are in the interest of national security, we need to reevaluate if their ability to reach their intended goals or if have they just enforced discriminatory, biased legislation. There are concerns about their impact on innocent parties, lack of transparency and due process, extraterritorial reach, and potential for abuse. These are important factors to consider when evaluating the country’s presence in foreign entities. It is important to incorporate human rights protections in the sanctions the government passes because they affect international relations, global human rights, and the preservation of American ideals of democracy and equality.
This post is an update on the previous blog titled: The Natural-Humanitarian Disaster of the Turkey-Syria Earthquake. While this topic is no longer in our regular newsfeed, the consequences of disaster are very much ongoing. People n Turkey and Syria are still recovering from the devastating aftermath of the first earthquake that occurred on February 6th people and have yet to find a sense of calm. Trying to find a sense of normalcy, children have begun attending school, and parents have attempted to return to their usual lives. But there is still so much destruction, making it hard to do so. According to the latest records, the earthquakes have killed over 50,000 individuals and injured over 100,000. 214,000 homes have collapsed, leaving thousands in need of aid and shelter. There are still victims that have yet to be found or identified under the rubble of what was once their home. UNICEF has reported that earthquakes have impacted almost 5 million children. Even though the initial earthquakes have finished, the need for humanitarian assistance has worsened.
An Update
These earthquakes are incredibly destructive considering the conditions of the areas, mainly referring to Syria. Syria has already been going through one of the most significant humanitarian crises in the world. The earthquake has only worsened its conditions, and access to aid is even more limited. Access to aid has been a very important topic considering the governmental sanctions imposed by many of the big nations (USA, Europe, etc.), and part of the country is controlled by its own government. Other areas are under the control of NGOs. On February 12, Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator at the UN, stated: “We have so far failed the people in north-west Syria. They rightly feel abandoned. Looking for international help that hasn’t arrived.” Over 4.1 million individuals in Syria depend on aid and assistance from NGOs, primarily women and children. Getting aid to Syria has been and is more difficult than getting aid in Turkey. It is especially apparent when comparing the aid given to both countries on an international level because, on the one hand, Turkey receives both international aid and support from its government. Yet, on the other hand, Syria, which is not controlled by one body of government, can receive partial international aid.
Problems in Syria
On February 14th, eight days after the initial earthquakes, border crossing points were finally opened for UN aid to be delivered to Syria. By February 22nd, 282 aid trucks were sent by 6 UN agencies. On February 19, Medical Charity Médecins Sans Frontiers (MSF), was able to send 14 aid trucks to Syria in an effort to assist with the rescue operations. As essential as these efforts of sending aid and providing help have been, many problems remain, mainly the governmental sanctions and the closed borders surrounding the affected areas. In addition, Syria is still undergoing a Civil war, making it even more challenging to receive the help they need. Since the initial earthquake, it took days for aid and rescue crews to arrive, which has critically impacted injured civilians and individuals stuck under the rubble of buildings. The Syrian regime has bombed the affected areas of Syria (Northwest area) over 84 times. Such attacks have caused damage to the border crossings, so many NGOs have requested for more crossing points to be available, especially considering the scarcity of resources in Syria and the inability of UN aid to reach the areas affected.
Efforts to help:
As seen, there is a lot of sadness surrounding the earthquakes and their aftermath. Along with the destruction, there have also been many organizations, individuals, and countries who have come to help, providing a sense of hope and relief. A group of online internet activists has created a website called TakeShelter, which enables displaced individuals to connect with hosts worldwide. This initiative was created and developed just 48 hours after the earthquakes occurred. One of the founders, Avi Schiffmann, stated that this website has reverted “power back into the hands of those displaced by the earthquake, allowing them to find shelter.” This website was launched through an organization called InternetActivism. This has opened many doors for activism and providing humanitarian care for generations to come. With almost everything being online, this website has paved the way for providing humanitarian support through a digital platform and helped over 100 families to find shelter in the homes of others.
Moreover, many countries have taken a stronger initiative by investigating earthquake destruction prevention methods. Iraq has begun to install 16 earthquake warning stations throughout the country. Iraq experienced some aftershocks from the initial earthquakes. Since then, they have worked to put different stations to monitor the earthquakes and future ones on the borders connected to Syria and Turkey. In addition, Saudi Arabia has built around 3,000 temporary homes to be sent to the victims in Turkey and Syria. Public, influential figures such as Cristiano Ronaldo have sent aid to those affected. There have been many reasonable efforts that have been made and shown.
What can you do?
In times like these, after the shock has been visible through news cycles, articles, and social media posts, people tend to think that this disaster is fixed, but that is not the case. The weeks after an initial humanitarian disaster can be much worse than the first day of it. As time passes, more family members are identified as dead or remain missing. Incomes for families have entirely disappeared, and now humanitarian aid support is required to survive. Those who have lost their homes are now living in community shelters or on the streets, and the conditions of those affected will continue to worsen unless we do something about such a situation. Hundreds and thousands of homes, schools and businesses must be rebuilt. The importance of donations, providing awareness and finding ways to help continues. Even though the earthquakes have stopped, millions continue to be displaced. Below are resources to donate and learn more about the cause.
**The content of the mentioned works below deals with racial, sexual, and gendered themes that may be difficult for some readers. Consider carefully before reading.**
Contested conversations and debates around literature, even books bans, are nothing new. Unfortunately, we find ourselves during a time when pushes for literary censuring are on the rise, with fervent calls to remove books with references to enslavement, sex, gender, or Queer people. In light of this, I wanted to present a list of only a few Black authors, some of which are women, Queer, or both, so that we can remember and learn from them, and never let anyone take their lessons from us.
W.E.B. DuBois
A founding member of the NAACP, W.E.B. Dubois is one of the foremost Black scholars of his era. He was the first Black American to earn a Ph.D. from Harvard University and went on to challenge notions by abolitionist Frederick Douglas and contemporary intellectual Booker T. Washington in his numerous writings and actions. Instead of promoting the ideology that Black people should integrate into White society or compromise rights to make small gains, DuBois loudly proclaimed Black pride.
In his seminal work, The Souls of Black Folk (1903), Dubois coined the now-famous term “double consciousness.” He discussed the irreconcilable double existence Black people lived through in America as both American and Black. Since then, the term has become a theoretical framework for understanding the dynamics of unequal realities and structures.
He attended the founding convention for the United Nations in 1944 and was a leader in the Pan-Africanism movement, organizing a series of Pan-African Congress meetings throughout the world.
He passed away at the age of 95 on Aug. 27, 1963, after moving to Ghana and acquiring citizenship there.
James Baldwin
Writing between 1953 and 2011, a mix of standalone novels, short stories, plays, poetry, and non-fiction books, James Baldwin is considered a quintessential American writer. As the grandson of an enslaved person, Baldwin’s work reconciled with the experience of being a Black man in White America. Born in 1924 in Harlem, New York, he was the oldest of nine kids and spent most of his time in libraries.
He spent three years in his stepfather’s profession as a preacher before moving to Greenwich Village and pursuing writing. Even though most of his work was embroiled in experiences of anger and disillusionment, Baldwin always advocated love and brotherhood.
After passing from stomach cancer at the age of 63 in 1987, Baldwin became known as one of the most vocal and prominent voices for equality. He is considered an essential, and enriching, part of the American literary canon.
Alice Walker
Alice Walker was born in 1944 in Eaton, Georgia. Her parents were sharecroppers and after a childhood incident that left her blind in one eye, Walker’s mother considered her more suited for writing than chores. This talent landed her a scholarship to Spelman College, whereafter she transferred to Sarah Lawrence College and earned a BA in Literature.
After graduating, she moved to Mississippi to join the Civil Rights Movement and married Melvyn Rosenman Leventhal; becoming the first interracial marriage in the state.
Walker is hailed for her rediscovery of author Zora Neale Hurston and her foundational role for Black women authors.
She published her first book of poetry in 1968, Once, and her first novel in 1970, The Third Life of Grange Copeland. Her most acclaimed work came in 1982, The Color Purple, wherein she explores gender, sexuality, and race. She continues to publish to this day and is widely regarded for her insightful portrayal of Black American life and culture.
Toni Morrison
Toni Morrison was born on February 18, 1931, in Lorain, Ohio. Though living in a semi-integrated area, Morrison experienced the cruel reality of racism. At two years old, their landlord set their apartment on fire with them inside when her family could not afford rent.
She turned her attention to reading and eventually attend the historically black institution, Howard College. There she was exposed to colorism and witnessed firsthand how racial hierarchies extended to skin pigmentation within the Black community.
Working within academia throughout the North and South, Morrison eventually settled in an editing career. Though she worked for publishing companies, she did not publish her first novel, The Bluest Eye (1970), until she was 39 years old. However, after (and like) this first work, each of her subsequent novels earned critical acclaim and several awards. In 1987, she released her most-known work, Beloved, which is based on the true story of an enslaved woman. The novel was on the Bestseller list for 25 weeks and won numerous awards, including the Pulitzer Prize for Fiction.
In 1993, Toni Morrison became the first Black woman to win the Nobel Prize in Literature and has also been awarded the National Book Foundation’s Medal of Distinguished Contribution to American Letters, National Book Critics Circle Award, and she was named a Living Legend by the Library of Congress.
As an internationally renowned author, Morrison has left a litany of insightful works from novels to plays and children’s stories. She passed away in 2019.
Ralph Ellison
Ralph Ellison was born on March 1, 1914, in Oklahoma City, Oklahoma. He was the grandson of enslaved people. He only ever published one book during his lifetime, Invisible Man (1952), yet this book gained him national acclaim. After his death on April 16, 1994, his second novel, Juneteenth, was published in 1999.
Originally, Ellison had had dreams of becoming a professional musician and had enrolled at the Tuskegee Institute to do just that. However, after traveling to New York City during his senior year to earn funds for his final year, he met Richard Wright (author of the polemic novel Native Son). This, coupled with the onset of the Great Depression, prompted Ellison to embark on his writing career.
He wrote for the New York Federal Writer’s Program, an offshoot of the Works Progress Administration. After the outbreak of WWII, Ellison joined the U.S. Merchant Marine as a cook and began planning for what would become his infamous novel, Invisible Man.
When it debuted, it was on the Bestseller’s List for 16 weeks and won the National Book Award. Forty years later, the Nobel Peace Prize winner, Saul Bellow, stated, “This book holds its own among the best novels of the century.”
Zora Neale Hurston
Zora Neale Hurston was born on January 7, 1891, in Notasulga, Alabama, U.S. She is a world-renowned author and one of the first students of the father of anthropology (Franz Boas).
She was the daughter of enslaved parents. At a young age, her family relocated to Eatonville, Florida where her father became the town’s first mayor, in what was the first all-Black incorporated town in the state.
Hurston earned her Associate’s from Howard College before she won a scholarship to Barnard College and graduated with a Bachelor’s in Anthropology. As a student in New York City, she met fellow writers like Langston Hughes and Countee Cullen and joined what is remembered as the Harlem Renaissance 一 a black cultural movement of arts, music, and literature.
She began publishing short stories as early as 1920, though was largely ignored by white mainstream literary circles (though she gained a large Black readership). In 1935, she published her debut novel, Mules and Men, and between 1934 and 1939 wrote three more works. Her most acclaimed novel is Their Eyes Were Watching God (1937) which incorporated her research and literary talents to focus on the life of Janie Crawford, a Black woman whose journey of self-discovery and identity takes her to many places.
She is a pioneering figure of modern anthropology and traveled to Haiti and Jamaica to study African diasporas. Moreover, she chronicled many Black folktales and dialects which she subsequently incorporated into her own writings. While this drew criticism from some contemporary figures, her work celebrated Black language and culture unabashedly.
Zora Neale Hurston passed away on January 28, 1960, in Fort Pierce, Florida. Zora Neale Hurston was long an unsung literary figure but after her rediscovery by author Alice Walker, her works have once returned to print.
Regarded as one of the founders of Black writing, particularly for Black women authors, Alice Walker has said:
“Her work had a sense of Black people as complete, complex, undiminished human beings and that was crucial to me as a writer.”
bell hooks
bell hooks, a pseudonym of Gloria Jean Watkins, was born September 25, 1952, in Hopkinsville, Kentucky.
She grew up in a segregated community in the American South which eventually informed her writing. She published her first work, Ain’t I A Woman? Black Women and Feminism (1981), while still an undergraduate at Standford University.
Her pseudonym was fashioned after her great-grandmother’s name in order to honor female legacies and she chose all lowercase letters because she wanted people to focus on the content of her books over her.
hooks was a progressive thinker and scholar whose work engaged with the intricate relationships of race, class, and gender as situated in systems of structural oppression and violence. She educated people on intersectionality well before it became a common word now (essentially pioneering the ideology itself).
She passed away on December 15, 2021, in Berea, Kentucky. You can find a selection of her works here.
Angela Davis
Angela Davis was born January 26, 1944, in Birmingham, Alabama in a neighborhood known as “Dynamite Hill” for the numerous bombings committed by the domestic terrorist group, Ku Klux Klan. She is a philosopher, activist, and former Black Panther and political prisoner who was wrongly accused of participating in the killing of a prison guard after becoming involved in the Soledad Brothers campaign. After that, Davis went into hiding and was placed on the FBI’s Ten Most Wanted Fugitive List, making her the third woman to ever be placed on the list.
An international movement to “Free Angela” led to songs from artists like Yoko Ono, John Lennon, and the Rolling Stones. On June 4th, 1972, she was found not guilty of all charges.
Angela Davis continues her legacy to this day, giving speeches and continuing to write new works that discuss intersectionality, racial disparities and structural violence, and abolition, among a few topics. Her latest book was published in 2022 with her partner, Gina Dent, alongside Erica R. Meiners and Beth E. Richie titled: Abolition. Feminism. Now.
Maya Angelou was born on April 4, 1928, in St. Louis, Missouri. She writes across several mediums as a memoirist, poet, author, playwright, and essayist. Her work explores themes such as economic conditions, race, and sexual oppression. She is also renowned for her unique and visionary autobiographical writing styles.
Angelou did not live with her parents full-time during her childhood as a result of divorce and other factors. When she returned from her grandmother’s care to live with her mother at the age of seven, she was raped by her mother’s boyfriend. He was jailed, and upon his release, was killed. Believing that she had somehow had a part in the death of this man, Angelou became mute for the following 6 years of her life.
Angelou displayed her literary talents from a young age but did not become a professional writer until much later in life, around when she joined the Harlem Writer’s Guild in 1959. She was also a prominent activist in the Civil Rights Movement and served as the North Coordinator for the Southern Christian Leadership Conference.
In 1969, she wrote one of her most famous works, I Know Why the Caged Bird Sings, which was an autobiography of her early life, exploring her experiences with sexual abuse. Many schools sought to ban this book as a result of these depictions, but numerous sexual abuse survivors have credited her work as telling their stories.
While she has earned numerous awards, including three Grammy Awards, for her writing she was awarded the National Medal of Arts (2000) and the Presidential Medal of Freedom (2010).
Maya Angelou passed away on May 28, 2014, in Winston-Salem, North Carolina after a long and fruitful career. You can find a list of her complete works here.
James Cone
James Cone is a highly influential figure who founded Black liberation theology, alongside, being an outspoken proponent of justice for the oppressed in society. He is known as one of the most widely regarded theologians in America, teaching at the Union Theological Seminary for 50 years and influencing generations of scholars. One such student is currently a senator for the state of Georgia, Rev. Raphael Warnock, who was elected in 2020 as the state’s first Black senator.
Born August 5, 1938, in Arkansas, he grew up during intense racial segregation during the 40s and 50s. Living under the threat of lynching revealed to Cone the immense spiritual and moral depth of Black people, especially as Cone’s own parents taught love over hate when confronted by racial injustice and threats. As a result of his personal experiences and figures such as Malcolm X and Martin Luther King Jr., Cone developed Black liberation theology to challenge the white hegemony of Christian teachings and understanding.
Black liberation theology is informed by six sources which can be summarized as the black experience (slavery, segregation, and lynchings), black culture and revelation, and tradition and scriptural interpretation. He is best known for his political and influential books, Black Theology and Black Power (1969), A Black Theology of Liberation (1970), and God of the Oppressed (1975).
He passed on April 28, 2018, at the age of 79. His latest memoir was written just prior to his passing and is titled: Said I Wasn’t Gonna Tell Nobody.
Octavia Butler
Octavia Butler was born in 1947 in Pasadena, California. She is an author of mostly science fiction novels in future settings, often incorporating unique powers. Her numerous works are known for their synthesis of science fiction, mysticism, mythology, and Black American spiritualism.
Not only was Butler the first Black woman to receive wide acclaim in this genre of fiction, but she was also the first science fiction writer to win the MacArthur “Genius” Award. She has also won several other awards including the Hugo, Nebula, and Locust awards.
In 1975, she published her first novel Patternmaster, which was quickly followed by Mind of My Mind and Survivor: This series is about humanity’s evolution into three separate genetic groups.
Her best-known work, Kindred, was published in 1975 and continues to be taught in high schools, universities, and community reading programs to this day. (There was even a recent television adaption on Hulu.)
Much like other Black women authors on this list, Butler’s work extends beyond race and explores the dynamics of sex and gender, challenging traditional gender roles in works like Bloodchild and Wild Seed. Octavia Butler passed away on February 24, 2006, in Seattle, Washington, but not before securing her legacy in her numerous works.
Conclusion
To learn more about book bans, read the article by Nikhita Mudium: “Book Bans in the United States: History Says it All.”
If you liked this book list, check out the list of contemporary Black authors here.
Armed conflict often results in a wide range of human rights violations, includingright to life, liberty, and security. Conflict can have a devastating impact on human rights, leaving individuals and communities vulnerable to a range of abuses and violations. Oftentimes,during military conflicts, the elderly are overlooked when it comes to human rights abuses. Despite being among the most vulnerable members of society, the impacts of armed conflict on older people are often underreported, highlighting the need for greater attention and support for this marginalized group.Human Rights Watch released a report addressing the significanthuman rights violations older people endure during wartime. The report calls for the United Nations (UN) to end the abuses, provide protection, and facilitate humanitarian assistance for the elderly. The report documents a pattern of violations against the elderly in African and Middle Easterncountries experiencing war.
Pattern of Abuses
Older people are more likely to experience a range of physical, emotional, and economic challenges during times of conflict. Government and non-state armed forces have unlawfully attacked and killed older civilians, subjecting them to summary executions, arbitrary arrest and detention, torture and other ill-treatment, rape, abduction and kidnapping, and the destruction of their homes and other property.Older people are more likely to be injured or killed during armed conflict due to their reduced mobility, impaired senses, and other health issues. In the Central African Republic, for example, the armed forces executed Dieudonne, a blind 60-year-old man in July 2017.Many older people rely on family members and caregivers for support, but armed conflict can disrupt these networks, leaving them isolated and vulnerable.In Ethiopia, after Tigrayan forces recaptured most of the Tigray region in 2021, authorities arbitrarily arrested and detained older Tigrayans in Addis Abeba. Amhara forces in control of the Western Tigray zone detained elderly people in overcrowded detention facilities, subjecting them to beatings and other forms of ill-treatment.The stress and trauma of living in a conflict-affected environment can have significant impacts on older people’s mental health and well-being, and may exacerbate pre-existing mental health conditions.In South Sudan during government operations against rebel forces in February 2019, a soldier made a 50 year-old woman carry looted property, beat her with a gun, and raped her repeatedly.Sexual assault can have profound and long-lasting effects on an individual’s mental health and well-being.
Unable to Receive Aid
Another facet of the abuse is that displaced older people cannot access humanitarian aid. People experiencingmust flee in order to access basic services such as food, shelter, and medical care. During hostilities,many older people have chosen not to flee their homes because they think they will not be harmed, or they want to protect the land they have had in their families for years. Also, limited mobility and disability lead to fewer elderly choosing to flee. In 2017, Myanmar security forces pushed older people who could not flee back into burning houses.Displaced older people have also faced difficulties in registering for and receiving humanitarian aid. In South Sudan in 2017, displaced older people who sought refuge were more likely to face difficulties in receiving aid than those who fled to Protection of Civilians sites within UN bases.Amnesty International has documented the failure of humanitarian actors to meet humanitarian standards and be inclusive of older people in their responses to conflict-driven displacements.
Significance
We should be concerned with the gross negligence of elderly’s human rights because every person deserves respect and dignity. Elderly individuals have a wealth of life experience and knowledge to share, and they deserve to be valued and respected for their contributions to society. Due to their age, older people are one of the most vulnerable groups, so it is up to us to do all we can to ensure their safety and protection. Protecting the human rights of elderly individuals is a matter of social justice. As members of society, they have the same rights and entitlements as anyone else, and it is our collective responsibility to ensure that these rights are upheld.
I grew up in the Atlanta metropolitan area. Not inside the perimeter as one might say, I spent my childhood in the forests for hours at a time. My brother and I never grew bored of the endless possibilities and freedom we felt among the oaks: they are some of my most treasured memories. So, whenever we drove into Atlanta proper, I would watch the trees blur by as we encroached further to the city’s heart, well past the notorious highway 285 that encircles it. I always had a tree in sight no matter the distance we ventured into the city, and it always reminded me that home could extend and coincide with a vibrant metropolis rising ever closer in my sight. This always soothed me and put me at peace.
Not all is peaceful in the forest, however.
When protesting is rebranded as domestic terrorism
Since the quiet release of plans to demolish South River Forest (also known as the Old Atlanta Prison Farm) in 2021, protesters have been camping in the forest for months. Local organizations have banded together in order to advocate for the forest and resist police attempts to forcibly remove protesters. These organizations includeDefend the Atlanta Forest, Community Movement Builders, a Black-led nonprofit serving working-class and poor Black people, and the newly formed Stop Cop City group.
These organizations have intersecting goals that culminate in mutual aid to stop the construction of the Atlanta Public Safety Training Center known as “Cop City.” Leaders from the Community Movement Builders described the project as a “war base” wherein “police will learn military-like maneuvers to kill Black people and control our bodies and movements.”
One reason for the clear disdain for the project, aside from the historical implications discussed further below, is that the proposed site resides in unincorporated Dekalb county. Thus, those living in the neighborhood had no representatives on the council that approved the project in the first place. After public outrage at the lack of transparency and community engagement, the Atlanta council begrudgingly allowed public comments before the vote in September 2021. The council received 17 hours of recording on the proposal with 70% (or 12 hours) expressing opposition. The plan still passed 10-4.
Protesters have created makeshift barricades from mounds of illegally dumped material such as automobiles and tires in the forest. There is no water or electricity in the encampments so the protesters live very frugally to defend their beliefs. Access to water has continued to be an issue as police try to cut off supplies in an attempt to disperse the protesters and conduct regular raids and wreaking camps.
Confrontations with the police have only become more frequent: and with more serious consequences. At first, some activists found themselves with trespassing charges, but protests escalated on January 18th when demonstrator Manuel “Tortuguita” Teran, a 26-year-old queer environmental activist, was lethally shot by Georgia state police.
The Georgia Bureau of Investigation released a statement that Tortuguita, they/them, did not “comply with verbal commands” and allegedly shot a Georgia State Patrol trooper who is in stable condition. As a result of these alleged sequence of events, Tortuguita was shot over a dozen times by multiple different firearms and there is no body cam footage of the tragedy.
Now, the state is planning to convict 18 activists of domestic terrorism charges which holds a possible sentence of up to 35 years.
Local authorities have continued to falsely claim that organizations involved in resisting police development plans are “domestic violent extremists.” During the bail hearing for those arrested on Jan. 18th, bail was denied to four activists while two were given the unprecedented amount of $355,000, along with conditions for ankle monitors and curfews.
What once would have been considered a sit-in protest has now been twisted into “domestic terrorism.”
Considered a private-public venture between the city of Atlanta and the Atlanta Police Foundation (APF), the 85 acres slotted to be turned into a police compound would cost $90 million to construct. Renderings of the project include indoor and outdoor shooting ranges, an auditorium, classrooms, a space dedicated to explosion tests, and a mock miniature city to practice high-speed chases and burn-building training.
The Public Safety Training Academy Advisory Council was formed under the previous mayor, Keisha Lance Bottoms, on Jan. 4, 2021. According to investigative work conducted by the Mainline, a woman-led independent magazine based in Atlanta, the council was comprised entirely by “government, police, and fire officials, including Chief Operating Officer Jon Keen and APF CEO and President Dave Wilkinson.”
After meeting on Jan. 22, Feb. 12, March 4, and March 26 in 2021, the plan that would become Ordinance No. 21-O-0367 (Cop City) was introduced on June 7th the same year. It was passed shortly thereafter on September 8th, 2021.
Two-thirds of the costs ($60 million) to construct Cop City are coming from corporate donors such as Chick-Fil-A and Delta. Otherwise, despite the desperate and apparent need for affordable housing, food, and other life-affirming infrastructures, the remaining third of the costs ($30 million) is to be paid by taxpayers.
The land is currently under lease to the Atlanta Police Foundation for only $10 a year (see page 10) and construction started this February.
Hidden racist history of the forest continued with the development of Cop City
Before South River Forest became known as such, located in the bustling perimeter of Atlanta’s sprawling metropolitan, the land belonged to the Muscogee Creek nation. In the early 19th century, these people were forcibly removed from their land by ever-encroaching settlers on the East coast and South Florida.
In 1821, Georgia held its fourth land lottery, dividing the Muscogee Creek home into 202.5 acres. Between an 11-year period (1827-38), 23,000 Muscogee were driven from their lands by white, enslaving men.
Soon after, the land became a part of a complex of plantations that exploited the labor of enslaved people. The proposed South River Forest zone contained at least 9 plantations. The names of these plantation owners will not be given here, however, to learn some of the known names of enslaved peoples residing in this area, please read this article.
Eventually, this land was sold to the city of Atlanta which was then used as a city-run forced agricultural labor prison that ran uninterrupted from 1920 to nearly 1990, being officially shuttered in 1995.
Originally, the land became the first “honor farm” in the state, allowing trustworthy prisoners and those with minor infractions to work off their time. This was only a mask for a new form of slavery, cruelty, and so much worse as the Prison Farm ran, without clear archived records, for decades. The last official record comes from a 1971 health inspection record.
There are no official reports on the number of people who died under the inhumane working conditions, but there is a widespread belief that some inmates who died were buried in unmarked graves though none have been found yet. A little of what we know is troubling at best and stomach-churning at worse. In 1941, a prison superintendent reported housing 9 Black prisoners in a 12 ft space, alongside numerous reports of sexual violence from guards, and inmate deaths, often under suspect circumstances.
In one example, prisoners were allowed to handle Sulfotep, which was only contained in unlabeled squeeze bottles and is an extremely toxic chemical pesticide only supposed to be dispensed by licensed company personnel. We know this because of the death of Leroy Horton, who was serving only a 20-day sentence, and who had been sprayed with the substance by another inmate at his own request after contracting lice at the prison. He served only four days of his sentence and died three weeks later due to these gross malpractices in safety protocols and sanitary living conditions.
Now, the land is once more under contract by state policing structures.
Benefits and necessity of urban forests
Atlanta has been called the “City in the Forest” for its vast canopy coverage and abundance of trees within the city. That is because Atlanta leads the nation and major metropolitan cities in canopy coverage at 47.9 percent.
The canopy is not distributed evenly across the city, rather it decreases as one approaches downtown and increases as one approaches the outskirts, making the presence of South River Forest within the perimeter that much more extraordinary. Researchers also found that the lowest canopy coverage was along transportation corridors, but was over 90 percent along stream corridors and in nature preserves.
More and more cities are tracking the number of trees they foster because of the multitude of benefits they offer. This ranges from combatting urban heat island effects, reducing heating and cooling costs overall, providing blue/green space which improves mental health, acting as stormwater management to control flooding, and sequestering carbon thus improving air quality, combatting carbon emissions and climate change.
Results from a Montgomery, Alabama analysis found that urban forests removed 3.2 million lbs of pollutants from the air annually which is valued at $7.9 million. Moreover, the urban forest sequestered 11,263 tons of carbon each year and stored a total of 1.45 million tons of carbon.
In Atlanta, climate scientists have warned that destroying woods will make the city more susceptible to flooding and dangerously hot temperatures. Other concerns over the South River Forest area are worsened air quality due to construction, fires, and weapons training. In this mainly Black part of metro Atlanta, people have been historically neglected. According to the US Census, 75 percent of the neighborhoods near the forest are Black and suffer from high poverty rates and health challenges like diabetes and asthma.
The Sierra Club Georgia Chapter issued a statement on behalf of Black and Latinx community members, who have long been victims of environmental injustice and pollution within the city, stating their vehement opposition to the destruction of the South River Forest.
Intersections of social ecology and human rights
In recent years, there has been a burgeoning movement to connect ecological and social issues together: known as the theory of social ecology. Murray Bookchin, a pioneer in the environmental movement and social theorist, has stated that ecological problems stem from social issues which in turn are exacerbated by ecological destruction. This vicious cycle has become the driving force behind new movements to address climate change and foster more awareness of the interdependence of people and their environment. Without this widespread recognition, social-ecological theorists have argued that hierarchical societies that rely on violent institutions like prisons and police are more likely to treat their environment and people as entities to be dominated, conquered, and/or controlled.
In the case of the South River Forest/Cop City contention, this theoretical framework can be easily illustrated, alongside numerous normative international human rights standards.
Firstly, the plans to develop Cop City were done so surreptitiously; there were no public announcements on the proposal before voting, nor were community members and organizations/specialists asked to participate in the development of the plans. Secondly, the council that approved the plans was not elected by anyone from the community in which the Cop City construction will take place. These are prime disregards for political and public representation: foundational blocks for democratic governance, rule of law, and social inclusion. From the Office of the High Commissioner for Human Rights (OHCHR):
“Participation rights are inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.”
Next, the economic and social human rights of the South River Forest community are also being threatened. Economically, once again without any representative input, ⅓ of the cost ($30 million) is to be paid by taxpayers. Socially, each human has the right “to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being.” These rights are being threatened by the gross environmental degradation of a low-income community that already suffers from health conditions such as asthma. Moreover, it has long been scientifically proven that blue-green space increases one’s mental health 一 an explicitly aforementioned social right.
Lastly, we come to environmental rights. The task of succinctly explaining them can be a lot, I encourage readers to look on our site in the “Environmental Rights” category for even more insight. However, in this case, where the environment is the key concern of protest, one should return again to social-ecological theory. In human rights, the right to health found in the International Covenant on Economic, Social, and Cultural Rights,cannot be fully achieved in an environment that contributes to worse air quality, mental health, and dangerously high temperatures. The right to security, found in Article 3 of the UDHR, cannot be achieved in an environment where the community is under threat of more flooding, subject to burns, bombs, and shooting daily, and lives in fear of violence. And this can go on and on.
Ultimately, this issue is complex and multifaceted: and it deserves public and civilian representation and more time than 7 months of deliberation to destroy a forest hundreds of years old.
This blog is part three of the conversation around disability rights, especially as it applies to children within the American school system. If you have not read the first two blogs in this series, I suggest you do so. The first blog focused on the historical view of disability and the American school system’s approach to children with disabilities. The second part mainly focused on the struggles that children with disabilities face within the school system, and how these struggles have been exacerbated due to the recent pandemic. This final part will focus on some of the approaches that have been taken in the past to address people with disabilities, and how they differ from a human rights approach. We will also examine how we can help on various levels, whether we want to focus on our personal abilities or advocate for a larger movement.
The Rights of Children with Disabilities
What rights are protected?
Much of what we have established in modern society in terms of children’s rights comes from decades of struggles, from implementing child labor laws to fighting for the right to an education. Similarly, the fight to pass the Americans with Disabilities Act (ADA) was one sure way to protect individuals with disabilities from discrimination. These rights and more are protected under the United Nations, both in terms of people with disabilities, (Convention on the Rights of Persons with Disabilities, CRPD), and with children’s rights (Convention on the Rights of the Child, CRC). Yet, these developments have only occurred in recent years; the ADA and the CRC were passed in America and the UN respectively, in 1990, and the CRPD was not adopted internationally until 2006.
The ADA, passed in the United States, protected the rights of people with disabilities from being discriminated against in all aspects of society. This was the first major legislation that protected people with disabilities from being denied employment, discriminated against in places of business, or even denied housing. In addition to these protections, the ADA required industries to be inclusive of those with disabilities through (among other things) taking measures such as building ramps and elevators for easy access to upper-level floors and building housing units with people with disabilities in mind. While America had passed the Individuals with Disabilities Education Act or IDEA (originally passed in 1975, and renamed in 1990) by this time, the initial form of this legislation allowed schools to place certain students with disabilities in special programs for no more than 45 days at a time. It was not until its improved form was passed in 2004 that provided the necessary financial and social infrastructure for its successful implementation.
The passage of the CRC, which applies to all individuals under the age of 18, focuses on non-discrimination, the right to life, survival and development, the State’s responsibility to ensure that the child’s best interests are being pursued, including ensuring that the child has adequate parental guidance. Additionally, it focuses on the child’s right to free expression, free thought, freedom to preserve their identity, protection from being abused or neglected, adequate healthcare and education, and includes certain protections the State is required to offer the children, including protection from trafficking, child labor, and torture. Article 23 of this Convention specifically focuses on the rights of children with disabilities, adding that these children have the right to the care, education, and training they need to lead a life of fulfillment and dignity. It also stresses the responsibility of the State to ensure that children with disabilities can live a life of independence and protect them from being socially isolated. Even though the UN passed this Convention in 2004, America is the only nation that has yet to ratify this treaty. This is why certain realities continue to exist, such as what is happening in Illinois.
Finally, we have the CRPD, which entered into force in 2008, only 15 years ago. Influenced by the ADA, the Convention on the Rights of Persons with Disabilities was passed to ensure that people with disabilities were fully protected under the law, including from discrimination, with the ability to function as fully pontificating citizens of their societies, with equal opportunities and the right to accessibility in order for them to lead a life with the dignity and respect afforded to their able-bodied counterparts. This convention had massive support and draws from both a human rights focus and an international development focus. What makes this convention unique is the implementation and monitoring abilities embedded within the treaty itself, and it includes non-traditional actors from communities (usually those with disabilities) with specific roles in charge of monitoring the implementation of this treaty. Unfortunately, the United States, while Obama signed the treaty and passed it to the Senate for their approval in 2009, has yet to fully ratify the CRPD treaty as well.
Some Approaches to Disability Rights
Upon understanding the various nuances of this conversation, we can now explore the three different approaches to defining disability in society. These approaches examine the issues that people with disabilities face and provide models influenced by differing fields of expertise. Many within society view disability as a medical issue and their solutions to the struggles faced by people with disabilities are medically focused. Similarly, others believe that disability is an issue of how society is structured, and their proposals for solving these issues lie within the realms of reshaping society to be more accessible to people with disabilities. Still, another approach built upon the foundations of human rights, focuses on the individual first, and the disability as an extension of their individuality. We will explore these three approaches and their pros and cons.
Approach 1: Medical Model of Disability
As mentioned above, some people view disability as a medical issue, and this approach can be categorized as the medical model of disability. This means that they believe that the “problem” of disability belongs to the individual experiencing it and that disability comes from the direct impairment of the person. The focus of this approach is to look for medical “cures” for disability, which can only be provided by medical “experts” based on the specific diagnosis. While it may be true that individuals with disabilities require medical help from time to time, their entire existence does not revolve around this notion of viewing disability as an illness. The focus here is to “fix” the person with disabilities, so they can become “normal” again. This approach also makes use of the “special needs” rhetoric, which can result in the isolation and marginalization of people with disabilities. Media plays a big part in portraying people with disabilities as weak or ashamed of their disability, which can invoke fear or pity for people with disabilities within the larger society.
Approach 2: Social Model of Disability
Another approach that has been proposed is what is known as the Social Model of Disability. In this approach, the “problem” of disability is seen as a result of the physical and social barriers within society that exclude people with disabilities from fully participating in their society. Disability is seen as a political and social issue, and the goal of this model is to be more inclusive and recognize the prevalence of disability within our societies. This means looking closely at the ableist social institutions and infrastructures present within society and attempting to address these manmade challenges posed by people with disabilities. This model recognizes the social stigma around disabilities and recognizes people with disabilities as differently abled rather than viewing them as incapable of living an independent lifestyle. This approach places individuals with disabilities on a spectrum rather than the two categories of disabled and able-bodied. The goal of this approach is to be socially inclusive of all individuals, regardless of their disabilities.
Approach 3: The Human Rights Model of Disability
Finally, there is the Human Rights Model of Disability, which builds upon the foundations laid out by the Social Model of Disability and the Universal Declaration of Human Rights (UDHR). In this approach, the focus is on viewing the individual with a disability as a human first, recognizing that disability is a natural part of humanity that has existed as long as humans have been around. While it shares a lot of similarities with the social model, the human rights approach emphasizes not only the right of every individual to be treated equally before the law but also stresses that a person’s impairment should not be used as an excuse for denying them rights. This is essentially what the CRPD centers around, and the main goal of this approach is to ensure that people with disabilities have equal opportunities and protect their right to fully participate in society, politically, civilly, socially, culturally, and economically.
How Can We Help?
On the Internation Level
While the United Nations has a convention that focuses on protecting children’s rights, it is highly debated whether these treaties are being enforced around the world. Child labor is still common in various places around the world, including right here in Alabama. While it can be argued that the US has not ratified the treaty and that is why the UN cannot do anything about this issue, there are other places that have ratified the treaty that still places children in dangerous working conditions and face no real repercussions from these decisions from the UN. In 2019, many tech companies were sued for their use of child labor in other countries to mine the precious minerals they require to produce their devices. Many textile companies within the fashion industry use child labor in nations that have ratified the children’s rights treaty. While the United Nations is trying its best to protect and promote the rights of vulnerable communities, it has not been able to enforce these treaties and regulations, and as a result, atrocities against those vulnerable communities, (including children), continue to occur. How can we as human beings, ensure that all children are protected from harm, not just those able-bodied, living in wealthier nations? This is something that needs to be addressed, and it requires the cooperation of many different nations willing to put their differences aside and work together to find a solution.
On the Domestic Level
As we explored in the human rights model of disability rights, it is the responsibility of society to provide equal access to all its citizens. This includes its citizens who have disabilities, and not doing so would discriminate against those who have disabilities and violate the Americans with Disabilities Act. This means that both on a national and local level, our infrastructure needs to be updated with an inclusive mindset that makes the roads safer and more accessible to all the citizens using them. As a state, Alabama could not only fix the infrastructure, but also pass bills to ensure that people with disabilities receive the care they need, including employment opportunities, medical assistance, food assistance, and any financial help they may require. Furthermore, on a national level, the police (or another department focused on social work) can be better trained to recognize the various disabilities, both visible and invisible, so people with disabilities are not wrongfully imprisoned for “behavioral” issues. This training would help erode the school-to-prison pipeline that has replaced disciplinary standards in American schools and make way for a brighter future for children with disabilities. Finally, the United States can, at the bare minimum, ratify the Convention on the Rights of the Child, signed into existence in 1990 by member states of the United Nation. As we mentioned earlier, the United States is the only nation in the world that has yet to ratify this treaty.
On the Individual Level
We can all be more mindful of our actions and our ableist mindsets. Next time you walk down the street, pay attention to the roads and sidewalks. Are there any sidewalks for people with disabilities to use safely? Are there curb cuts, and are those curb cuts freely accessible or are they blocked? How accessible are public buildings such as restaurants, storefronts, or even the DMV? Are there enough parking spots allotted to people with disabilities, and are those spots easily accessible, or blocked off by other vehicles? Thinking outside of an ableist mind frame is the first step toward being more inclusive of people with disabilities. It might seem like a powerless and pointless step to take, but the more you start to notice the ableist structures within society, the more you will want to speak up about these issues the next time you have the opportunity. You will also be more mindful of your own ableist actions and how they may have unintended consequences. If you are a parent, you have the ability to question your school’s practices concerning children with disabilities and offer support to the children and their parents. As an individual, you can also contact your representatives to pass legislation that would empower people with disabilities to live independently. As a society, we need to get past the stigmatization of this group and normalize disability being an innate part of being human.
On Wednesday, January 18, 2023, the UAB Institute for Human Rights facilitated a discussion on the issues of juvenile justice and children’s rights. This conversation was led by Dr. Stacy Moak, a member of the UAB Political Science and Public Administration department, who also has a decade of previous experience as a member of the Department of Criminal Justice at the University of Arkansas Little Rock.
The focal point of this discussion concerned the recent incident of gun violence in Newport News, VA, where a local first grader, just six years old, shot his teacher at Richneck Elementary School. After outlining the basic information on the situation, Dr. Moak brought up two broader questions that would become the basis for most of the discussion: how did this happen, and who can be blamed for this incident?
The conversation initially turned towards the issue of how a gun could have ended up in a six-year-old’s hands in the first place. Several participants questioned how a child this young was allowed out of their family home, into their car seat, and stepped into a classroom with a gun in their backpack. In response, Dr. Moak answered that current gun regulation, or the lack thereof, has played a large role. The conversation referenced how the United States has more guns than any other nation in the world, which has been a result of their being ingrained in the American cultural identity. Dr. Moak outlined for the group how the United States lacks major federal safe handling requirements and simple purchase restrictions surrounding firearms, and how those missing safeguards too often mean guns in the hands of minors.
Source: Yahoo Images
Later, when asked by a participant how we need to specifically change or reconsider gun policies in order to prevent these types of events in the future, Dr. Moak referenced a group called Moms Demand Action, a “grassroots movement fighting for public safety measures that can protect people from gun violence.” Circling back to the tragedy at Richneck Elementary, Dr. Moak discussed the existence of several security measures, like backpack checks, at the time of the shooting, and how the district’s current policies failed to prevent the violence. Even when the school was on alert that a gun might have been in the child’s possession, a gun search was conducted, and nothing was found. One participant mentioned how policies and processes designed to stop these tragedies aren’t working effectively, as seen in the Virginia incident, where the safety inspection of a backpack proved ineffective when it failed to catch a hidden weapon. Another discussion contributor argued that the government’s efforts thus far to protect our children haven’t been enough. Referencing the UN Convention on the Rights of the Child, a policy centered around the protection of children around the globe, as an example, they pointed out that the U.S. is the only country that hasn’t ratified the convention, even now, 33 years since its introduction.
At the end of the day, what does justice look like in this situation?
In first examining the legal culpability of the child, Dr. Moak reasoned that “if we don’t expect rational decisions from them in other aspects of life, we can’t put the weight of their decisions on them when it comes to the justice system.” Although at 6, the defendant in question is not old enough to face detention in Virginia, Dr. Moak reminded the group that numerous other children would fall victim to this system. Depending on the state, children as young as 8 can not only be sent to juvenile prison but be detained in an adult prison or even sentenced as adults themselves. The fact that a child is 11 instead of 6, she argued, shouldn’t make such a drastic difference. In fact, the brain doesn’t finish developing until the mid to late 20s, so trying to judge the character and motive of a human being who is still learning to tie their shoes is questionable. Though, when it comes to minors in general, the question of intent and the capacity to comprehend the severity and the consequences of their actions in a trial setting remains difficult to judge. Unfortunately, Dr. Moak revealed that the current juvenile justice system does little to acknowledge this. Despite her point that “the main right that children are entitled to is our protection,” constitutionally, the only protection they’ve received is an exemption from the death penalty and life without parole. Dr. Moak brought up that Alabama, for example, has only granted parole to a minuscule number of potential parolees, so most life sentences, at least locally, will remain permanent. In fact, the Alabama Parole Review Board has this year, as of February 14th, only granted parole to less than 3% of total parole applicants. Such policy and behavior are by no means unique, and this favoritism of punishment over rehabilitation, especially for children, Dr. Moak worried, will lead to troubling consequences.
Source: Yahoo Images
However, in this case, the only potential avenues of intervention Dr. Moak outlined were Social Services and the child welfare system, as in situations like these, “we’re not treating the six-year-old, we are treating the entire family.” This prompted a discussion of the accountability of parents, with several contributors asking about their potential consequences. One participant asked whether the parents could be obligated to attend some sort of parental or gun safety training as a result of the shooting. On the subject of legal parental responsibility, though, Dr. Moak said there was little to be done, as “juvenile court has no jurisdiction over parents or other adults” as a body designed to strictly deal with youth justice. To mandate any parental action, an adult court would need to be involved.
Finally, Dr. Moak mentioned that a child’s moral compass and rationalization for their actions stem from what they observe around them, whether that be from their parents or their society. One contributor added that American cultural traditions of violence and outright brutality in the face of disagreement seem to have fostered children who aren’t well-versed in conflict resolution. Hollywood was used as an example of this cultural upbringing, producing action movie after action movie that places force as the primary solution behind the dispute, showing them a world where revered heroes act first and talk later. Another participant captured this idea of normalized societal brutality by reminding the group that “we control the storytelling,” and the messages of the stories that will influence the future.
What can we do to remedy some of the issues brought up in this discussion?
Gun regulation and juvenile justice reforms are notoriously difficult to implement, but some steps can be taken to address some of the more specific issues. For one, we can enact and enforce a moderate national gun regulation policy with a targeted focus on the safe storage and possession of firearms. As a member of society, you can contact your local representatives and elected officials to convey your support for such regulation or donate to causes, like Moms Demand Action, to support their missions. In the realm of youth rights, we can urge our lawmakers to ratify the long overdue UN Convention on the Rights of the Child, while more broadly changing the standard medium of conflict resolution from violence to peace.
Thank you to Dr. Stacy Moak and to everyone who joined or participated in this important and thoughtful discussion! To see more upcoming events like this hosted by the Institute for Human Rights at UAB, please visit our events page here.
Over 60 years ago, the United Kingdom (UK) government secretly planned with the United States (US) government to forcibly remove an entire Indigenous people, the Chagossians, from their homes in the Chagos Archipelago. TheChagos Islands are a group of islands in the Indian Ocean. The UK has a long-standing dispute with Mauritius over the islands’ sovereignty. The UK separated the Chagos Islands from Mauritius in the 1960s, establishing a British Indian Ocean Territory (BIOT) on the islands. The original inhabitants of the islands, the Chagossians, were forcibly removed and relocated to other countries, including Mauritius and Seychelles. The eviction of the Chagossians has been a contentious issue, with many claiming that the UK’s actions were both illegal and unjust. The International Court of Justice (ICJ) ruled in 2019 that the UK’s separation of the Chagos Islands from Mauritius was illegal, and that the UK should cease administration of the islands.
Forced Removal
Diego Garcia, the largest of the inhabited Chagos islands, would be turned into a US military base, and the island’s inhabitants would be relocated. This is an ongoing colonial crime because according to article 9 of the Human Rights Act,“ No one shall be subjected to arbitrary arrest, detention or exile.” The UK government forcibly removed the indigenous people from their native, ancestral lands. This removal was carried out without their knowledge or consent, and they were given no say in the matter. This action infringed on their right to self-determination, a fundamental principle of international human rights law.
Loss of Livelihood
The reality was the indigenous people had been there for centuries developing their distinct culture, language, and customs. From 1965 to 1973, the UK and US forced the entire Chagossian population from all the inhabited Chagos islands to be displaced from their homeland. Both governments treated the people as if they had no human rights. The islanders were a fishing and coconut plantation community, and their forced removal from the islands cost them their livelihoods. When they were exiled, they were unable to take any of their possessions or belongings with them, and they were not compensated for their loss. This had a significant financial and social impact on their lives.
Separation from Families
“My mother cried and said to us, ‘Now we will live a very different life’” quote from Louis Marcel Humbert, born in Chagos 1955. This was in response to leaving four brothers and a sister back on the island. Unable to bring their families with them, many families were broken and left in a similar situation. The strict restrictions imposed by the UK government on access to the islands made it impossible for families to even visit those they have left behind. The governments’ merciless persecution on the grounds of race and ethnicity have resulted in thousands of families being isolated from each other. This is a continuation of the colonization and exploitation of the inhabitators of Chagos. In 1814, the Chagos Islands were ceded to Great Britain as part of the Treaty of Paris, which ended the Napoleonic Wars. The islanders have been subject to forced removal for years.
Deny Right to Return
Despite the International Court of Justice ruling that the UK’s separation of the Chagos Islands from Mauritius was illegal and that the UK should end its administration of the islands as soon as possible, the UK government has retained control of the islands and denied Chagossians the right to return.Full reparations are in order and that starts by granting passage to return back to Chagos. The US and the UK need to provide restitution by immediately lifting the ban on Chagossians permanently returning to the Chagos Islands. This is a human rights violation from over 650 years ago that has yet to be corrected. By acknowledging the islanders were removed unlawfully, both governments can work towards rectifying the situation.
The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.
One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future.
Lemon v. Kurtzman (1971) | Introduction of the Lemon Test
Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.
What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:
The piece of legislation must have a secular purpose;
The piece of legislation must not advance or prohibit the practice of religion;
The piece of legislation must not force the government into “excessive entanglement” with religious affairs.
If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test.
Wallace v. Jaffree (1985) | Application of the Lemon Test
Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.
This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause.
Oregon v. Smith (1990) | Introduction of RFRA
This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3.
In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.”
However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional.
However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”
This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications.
Burwell v. Hobby Lobby (2014) | Application of RFRA
In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.
Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year.
Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes.
The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.
What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means.
Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test
The last case we shall discuss is one that has been all over the media recently:Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.
Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.
However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”
What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.
Summary
As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.
However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right.
In the last blog, we covered the contextual history of the American Education System, primarily, who was allowed education, who was not, and even the differences in the quality of education that children in America received. We also explored the historical treatment of people with disabilities, both in the larger society, as well as in children with disabilities within the school system. Understanding the past is crucial to analyzing why certain events occur as they do in the future. That is what we set out to do in this continuation of the conversation about disabilities and the American education system. In this second part, we will focus on the realities children with disabilities witness within the education system, including the challenges they face, the school-to-prison pipeline that exists, and how this impacts their development (both mentally and physically). We will then explore how the recent pandemic exacerbated these conditions, and what sort of rights the children possess in this post-pandemic world.
Children with Disabilities in the Education System Today
The many challenges faced by students with disabilities in the classroom
Children with disabilities today face many challenges within the classroom even without taking the pandemic into account. These challenges vary from physical barriers to socio-emotional ones. One thing that needs to be recognized is that not all disabilities are alike, and with various disabilities come various challenges. I don’t want to appear to be generalizing the struggles that children with disabilities face in the school system, because each individual’s experiences vary, even between different places. Some states within the United States may be very inclusive, while others may place the responsibility of accessibility on the people with disabilities themselves. Regardless of which state you live in, my goal here is to spread awareness of the various challenges that children with one or multiple disabilities face as they maneuver through their primary academic journey.
With that being said, one of the most common barriers that children with disabilities face is on the social level. Throughout history, children with disabilities have been separated from the rest of the able-bodied society, and this is also true within the school system. Many schools, when they began to accept children with disabilities into the school system, would educate them separately (in the basement or another room) from the other children. Even today, many children with learning and speech disabilities require additional help from trained professionals, which requires these children to spend extra time on their academics, and less time socializing with their peers. This naturally distances them from able-bodied children their age and can lead children with disabilities to become victims of many instances of bullying and harassment. A crucial element to consider is that while many children their age are dealing with the various emotions that come from development, children with disabilities have to deal with additional fears and insecurities surrounding their disabilities, as they learn to accept and adapt to life with disabilities. This can be challenging in and of itself, without having to deal with the social pressures from peers.
Additionally, while schools receive federal funding to meet the required measures for the children with disabilities within their institutions, this funding is limited, covering less than a quarter of the expenses needed to fulfill the required services for each student. The Individuals with Disabilities Education Act (IDEA) we covered in the previous blog allows Congress to allocate up to 40% of the average funding per student, but unfortunately, this has never been exercised by Congress, and funding for special education programs continues to be miserly. Schools receive 15% of the funding they are allocated, but they are still required to fulfill all the mandated regulations simply for receiving federal funding. This means that they have to come up with the remaining 85% of the expenditures on their own, in place of the 55% they would be responsible for covering if Congress secured the full 40%. This can place additional strains on these schools that are already struggling for funds.
Furthermore, children with learning disabilities require trained professionals to provide them with additional support throughout their academic journey. Someone who is hearing impaired may require additional resources to combat the auditory issues they face, or someone who is visually impaired may require additional lessons on how to read in Braille. Others with learning disabilities such as dyslexia (which is a disorder in which someone has difficulty reading and processing language), may need additional patience and support to process the information they are learning. Public schools, by law, are required to provide assistance to children with disabilities and those who have been through traumatic experiences. Licensed professionals that focus on educational needs for children with learning disabilities can be hard to find, and this has only worsened due to the pandemic. As many as 44 states experienced this shortage even before the pandemic, and this number continues to grow due to the issues of limited funding discussed earlier. Without the necessary help that students with learning disabilities require, they continue to fall behind their peers academically.
Many of these challenges can be addressed with more funding allotted to the education system as a whole, and professions within the field of special education can be incentivized by the government (by for example, making the training programs free and accessible to those who are interested) to address the shortage of licensed professionals. The education being taught in the schools can be more inclusive of children with disabilities, with opportunities for the children to share their experiences with their peers and help remove the stigma associated with disabilities by normalizing helpful conversations around disabilities. While these challenges can have a great impact on the learning abilities of children with disabilities, there are some challenges that can have drastic impacts on their futures as a whole.
The school-to-prison pipeline
Unfortunately, along with an increase in school shootings within the educational system, another phenomenon that has become all too common is the use of law enforcement to discipline children. More and more stories have been reported regarding children with disabilities and children of color being subjected to drastic disciplinary measures by school systems. When a child “acts out” or showcases any behavior not supported by the schools, the educators have resorted to involving the law instead of following disciplinary protocols within the schools (such as contacting parents, placing students in detention, or for more serious issues, using suspensions). Police are called on these students, and educators watch as young children are punished for their misdeeds by being harassed by the police. In many instances, these incidents have turned deadly, as police officers have used full force on young children, to force them into complying, at times jeopardizing the children’s well-being. Children as young as 7 years of age have been placed in handcuffs and threatened jail time, for childish behavior such as spitting or throwing tantrums. This can be especially dangerous when children with disabilities are involved because they are accused of “misbehaving” when they are simply reacting differently to situations than their able-bodied peers. The police, with little to no training on the different ways to approach people with disabilities, only escalate the already tense situations.
According to a CBS News analysis of data from the Education Department in 2017-2018, children with disabilities are four times more likely to be arrested than their able-bodied counterparts. Another research conducted by Cornell University reports that 55% of Black men with disabilities have been detained before they reach the age of 28. Young African American children with disabilities, therefore, are the most at-risk demographic to face legal repercussions for “behavioral” issues common among most children their age. This phenomenon, known as the school-to-prison pipeline, which disproportionately targets students of color, (and children with disabilities), involves the use of the criminal and justice systems as a tool to discipline children. Unfortunately, these disciplinary attempts remain on the permanent records of the targeted children and can have lifelong implications that determine their future.
An example of this school-to-prison pipeline is clear when looking into some of the instances where law enforcement is used to discipline children. Jacksonville, Illinois is home to a particular school that makes use of its law enforcement officers for behavioral issues. Garrison School, a public school where children with disabilities in that region attend, has been in the news recently for the staggering number of arrests made within a single school year. Although the population of this school is an average of 60-70 children, the police, who are located less than 5 miles from the school, have been called over 100 times for “behavioral” issues, such as throwing tantrums and spraying water. An investigation into this school found that in the school year 2017-2018 alone, more than half of the entire student body was arrested. As the only public school for children with disabilities in that region of Illinois, caregivers are limited in choices of schools for their children. In addition to having disabilities, the children at this particular school have also experienced immense trauma and violence in their past. Arresting these children for their “behaviors” continues to place these children in traumatic situations, further impacting their development.
Impacts on children with disabilities’ development
Using the criminal and justice systems to punish or “discipline” children with disabilities can have lasting impressions on the children’s futures. For one, especially children such as those from Garrison School, who deal with personal trauma and violence from their past, experiences with law enforcement can deteriorate their mental health even further. Even those without previous trauma can have lasting impressions on their academic success, meaning that children who have been disciplined with the use of law enforcement are even more isolated from their peers and can experience breaks in their educational journeys. Studies have shown that children who have their needs met are more likely to outperform those students who do not have their needs met. Linking back to the school-to-prison pipeline, those students who have been arrested and imprisoned as young adults are more likely to continue down this path of criminality. Additionally, students with disabilities that have been imprisoned have to face the added struggles of maneuvering the prison system with disabilities, and these struggles are increased with multiple disabilities, especially with invisible disabilities, in which case, many people may not even believe the existence of these disabilities. Studies have shown how incarceration can worsen issues of mental illness within the prison population, and when translated to the impact imprisonment has on people with disabilities, these conditions are exponentially worse.
How it impacts children with disabilities’ professional futures
In addition to the harm this causes to the development of children with disabilities, the practice of using law enforcement to discipline school children has far-reaching consequences. For one, the children who are constantly “othered,” bullied, or harassed by both students and teachers can internalize their experiences and react to them, increasing their chances of being disciplined again for behavioral issues. In addition to that, being imprisoned, even for a few days, can be a traumatic experience that can shape your worldview, and as a result, your future. For young, developing children, these experiences can be impressionable, and coupled with the isolation that many children with disabilities experience, this can be a devastating combination, resulting in the deterioration of the children’s physical and mental well-being. Furthermore, many of these zero-tolerance policies that end in the arrests of children happen due to the faculty members pressing charges against the children. These charges, though they can be sealed for juvenile offenses, can lead to more charges in these children’s future into their adulthood. A criminal history into your adulthood can result in slim educational and employment options. Research conducted more broadly on this subject has been reported by the Prison Policy, and it showcases how increasingly difficult it is to find decent employment upon exiting the prison system. The report adds that even when formerly incarcerated people do find employment, they are often paid fewer wages than their co-workers.
Applying this research to children with disabilities who are disciplined through the legal system, can be an even bigger challenge for their futures. People with disabilities experience many barriers to obtaining employment even without imprisonment on their records. Studies have shown how incarcerating children does not deter them from engaging in criminal behavior in the future; it might actually have the opposite impact. Finally, children who are incarcerated experience large gaps in their education, and this can impact their ability to successfully enter the job market. This issue is exponentially worse among children with disabilities because they are more likely to be imprisoned for “behavioral issues”, and expands the academic gap felt by so many children with learning disabilities who are already facing many social and learning barriers.
How did COVID make things worse for children with disabilities?
The pandemic was a time of uncertainty, and many of us were scrambling around not knowing what to do. Even as more and more information came out about the virus itself and how to safeguard it, there was a lot of anxiety and misinformation being spread around. Children with disabilities had to navigate not only their personal lives with their unique experiences but also the larger society that was falling apart around them in the face of a virus. Many businesses and schools shut down in the beginning, which meant that children had to adjust to different learning styles, something that may have been easier for some, but widened the academic gap for others. Children with disabilities as a whole had to be mindful of the threat that the virus posed on their lives. This virus was especially deadly to those with pre-existing conditions and for those who were immunocompromised, both of which apply to many children and adults with disabilities. So, constantly having to live with the anxiety of whether or not they might contract the virus would have been stressful enough without the masking and vaccine debates that have politicized this medical crisis. What is worse, COVID-19 vaccines for children were not available for over a year after the pandemic first began, leaving this population vulnerable to infections with no way to protect themselves against them.
Additionally, along with their children, parents, and caregivers of children with disabilities faced new challenges as everyone attempted to adapt to the “new normal”. While the mandated quarantine helped with transportation issues for some, it opened up a whole new set of issues for many. Children with learning disabilities who received additional help from professionals either had to go without it or transition to seeking their help through zoom. For some, accessing help through Zoom and Telehealth was extremely helpful in addressing the medical needs of people, and this had a positive impact on people with disabilities as a whole. However, accessing Zoom and Telehealth was a challenge on its own for many who lived in rural areas or marginalized areas where internet services were very minimal or nonexistent, or simply unaffordable. The pandemic was a time when many people also lost jobs, so children faced additional financial repercussions from the pandemic. These instances further widened the academic gap among children with disabilities.
This blog mainly focused on the struggles that children face within the American school system. Part three of this series will focus on some of the approaches that have been taken historically when addressing disabilities, and some ways in which we can take action, on a personal level, on a local or national level, and even on an international level.
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