Faiza Mawani – UAB Institute for Human Rights Blog

World Teacher’s Day: A Glimpse into the Persistent Opportunity Gap in America & How a Birmingham Startup is Trying to Close It

“I was always told that America is the land of the free, a land of opportunity. What no one told me was how difficult it was to achieve the American Dream itself. Perhaps that is why they call it a dream—realistic but out of reach. Every time you inch forward, you think you are getting closer to your goal when, in reality, you are getting closer to seeing your greatest hurdles with clarity.”

–Navin Mawani, my mother, an immigrant from Pakistan

Today, October 5th is World Teacher’s Day. Teachers are equivalent to front-line workers who continuously connect young people to opportunity in the forms of learning, employment, and emotional and physical health. So why are there policies in place that create opportunity gaps for teachers and students alike?

I am a first-generation student in the United States, and I am fortunate that my family could afford to live in a zip code that did not discriminate against me. This article will expose you all to some information about opportunity gaps that prevent children from attaining a sufficient education and will speak about STRIVE Birmingham, an organization that is trying to mitigate the effects of social and economic policies that affect all people.

A book and pen with leaves around it saying "World Teacher's Day" — A book and pen with leaves around it saying “World Teacher’s Day”; Source: Yahoo Images

The Problem

In Birmingham and several other cities, the opportunity gap—the way social and economic factors result in lower rates of success in a variety of life aspirations—affects all people within society. I consider this limitation on opportunity to be a violation of the human right to attain an education and to sustain a livelihood. The Close the Gap Foundation defines this gap as “the way that uncontrollable life factors like race, language, economic, and family situations can contribute to lower rates of success in educational achievement, career prospects, and other life aspirations.” One example of an opportunity gap is the low reading proficiency among children in kindergarten to third grade within Birmingham City Schools. To combat this opportunity gap, the City of Birmingham established the Page Pals Reading Initiative, a volunteer opportunity for all to read and converse with third-graders at elementary schools.

If the problem is starting as early as elementary school, there is a drastic need to close this gap. And if that is not convincing enough, these statistics do not lie:

The Annie E. Casey Foundation’s 2012 study found that “while 6% of children who’ve never lived in poverty will drop out of high school, that number climbs to 22% for children who’ve lived in poverty, even temporarily during the time of the survey.”
According to the U.S. Department of Education, high-poverty districts spend 15.6% less on each student than those in more affluent districts. This can result in less student retention, lower earning potential after graduation, and high poverty rates in adulthood.
A 2020 survey by Global Strategy Group of college undergraduates revealed that 77% of students said they fear they will not be able to stay on track to graduate due to hardships caused by COVID-19. That is 3 in 4 college students fearing failure.

A group of children smiling and hugging one another. — A group of children smiling and hugging one another; Source: Yahoo Images

What Creates These Opportunity Gaps?

Unfortunately, there are several factors that contribute to creating and encouraging opportunity gaps. As per the Learning Policy Institute, “these inequities result from growing income inequality over the past three decades and the failure of many states to invest equitably in schools that serve a diverse student population.” Providing equitable access to deeper learning opportunities is perhaps the major challenge of 21st-century education in the United States.

You might be asking yourself what does income inequality have to do with public education and opportunity gaps? According to extensive research conducted by the Economic Policy Institute, a child’s social class is “one of the most significant predictors—if not the single most significant predictor—of their educational success.” Socioeconomic gaps that originated in the 1980s still affect children today. Income inequality has not been reduced, which has kept the educational growth of multiple children stagnant and has widened the opportunity gap.

A person standing in front of a wall of a arrow; Source: Yahoo Images

Income inequality is also dictated by where you live. In a New York Times article in the “America We Need” series, multiple teachers from varying cities in the United States attest to how the opportunity gap is promoted by place of residence, starting with “pollution and the stresses of poverty and [extending] to economic segregation and inadequate school funding.” Not only do teachers have to work within these structural inequities that impede many students from achieving their potential, but they also have to accommodate their way of teaching and communicating knowledge in a way that gives the students the extra boost they need.

And the teachers are right: zip codes have too much influence on the success of students, who are the future leaders, innovators, and entrepreneurs of our world. So why is it okay for nonwhite school districts to get $23 billion less than white districts, despite saving the same number of students? Let me help you out here. It is not. It is unfortunate that even after landmark cases like Brown v. Board of Education (1954), racial and economic segregation created by gerrymandered school district boundaries continues to divide our communities and robs children of their right to a satisfactory education that helps them advance in life.

How is STRIVE Birmingham Helping Close this Opportunity Gap?

STRIVE Birmingham is a startup established in June 2023 that aims to bridge the opportunity gap by building a workforce and lifelong relationships. It helps those facing the toughest societal barriers to employment be able to access the training and support they need to build a career and escape social stratification.

STRIVE serves 92% of BIPOC (Black, Indigenous, People of Color), 41% of parents of minors, 44% of people who have been impacted by justice, 78% of people receiving public services, and 84% of formerly unemployed individuals. Since 1984, STRIVE has had more than 85,000 graduates and serves about 2,000 people annually at its locations in New York, Atlanta, and now Birmingham.

STRIVE Birmingham has partnerships within the Birmingham medical community and is able to get its students of all ages national certifications, has a 70% to 80% successful placement rate, and pledges a lifetime commitment to students. Once you are a part of STRIVE, you are able to receive professional development and essential employee skills, while having access to a network of professionals who are all rooting for your success.

A blue and white logo for STRIVE Birmingham; Source: Yahoo Images

As a first-generation student, there is nothing more encouraging than knowing there are organizations like STRIVE Birmingham that exist to help bridge the opportunity gap that is so prevalent in communities like Birmingham’s through education. I am also comforted in knowing that there is no age limit on education; anyone can be an educator, and anyone can be a student.

As I reflect on who has influenced my educational journey on World Teachers’ Day, I am more aware of barriers to those who could not escape opportunity gaps. I am eternally grateful to my teachers and mentors for helping me excel, and I salute every teacher who has ever had to battle restrictions to their educational style because of policy-dictated opportunity gaps. Thank you, teachers, instructors, and mentors, for not giving up, even when the situations were not ideal. Thank you for not discriminating against your students, even if their ZIP code does.

Additional Information on the Opportunity Gap in Public Education

This TED Talk by Anindya Kundu summarizes the implications and other factors of the opportunity gap within U.S. public Schools, and I highly recommend it.

Black Voter Suppression in Alabama: Congressional Redistricting Goes to Supreme Court

People demand their rights in Washington, D.C. Source: Yahoo Images

On Monday, February 7, 2022, the United State Supreme Court blocked the creation of a second majority-Black congressional district in the state of Alabama for the 2022 election. This action further undermines the significance and precedent of the Voting Rights Act of 1965, a monumental piece of legislation that continues to fight for the equality of the voices and votes of people of color.

Context

The issue of the redrawing of the AL congressional map arose earlier this year after a court case was brought forth by the ACLU of Alabama and NAACP Legal Defense and Education Fund, Inc. (LDF). In 2021, the Alabama legislature, which has a GOP majority, was given the responsibility of redrawing the map in accordance with the 2020 census. The legislature drew only one majority Black district, which was not reflective of the census that shows 27% of Alabama’s residents identify as Black. The plaintiffs argued that because of this drawing, “Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress.” The panel of district court judges included two district judges appointed by President Donald Trump and a court of appeals judge appointed by President Bill Clinton. On January 24, 2022, the district court ordered the state to draw a new map, agreeing with the plaintiff that the initial drawing likely violates Section 2 of the Voting Rights Act, which bans racial discrimination in voting policies. The court gave the state two weeks to draw a new plan that includes two majority-Black districts. Failure to do so within the time period would result in the task being delegated to an expert.

The defense – the state – plead for the order to be put on hold while they appealed. The court turned down the plea, claiming the request was “effectively an unsupported motion for reconsideration” as the case had been characterized as a “straightforward Section Two case, not a legal unicorn.”

Alabama Goes to the Supreme Court

On January 28th, the state turned to the Supreme Court, asking the justices to freeze the district court’s order. The court granted said request and set the dispute for an oral argument in the fall. The decision was a 5-4 decision, with Chief Justice Roberts, Justices Kagan, Breyer, and Sotomayor dissenting. In her dissenting opinion, Justice Kagan emphasized that normally, a litigant asks the Supreme Court to freeze the lower-court order because it believes that the lower court got the law wrong. In this case, however, she argues that the district court made the proper, legal decision. Putting the ruling on hold “forces black Alabamians to suffer what under that law is clear voter dilution.”

Justice Brett Kavanaugh responded to Kagan’s dissent with his concurring opinion which highlighted two points: one, that the Court’s decision is simply putting the district court’s order on hold until the Supreme Court can review it in the fall; and two, that the Purcell principle – the idea that federal courts should not change state election rules shortly before an election – is applicable to the situation. Kagan’s response was that it is not too late to require Alabama to redraw its maps prior to the election, as the district court’s initial two-week deadline did. Alabama’s primary election is not until May 24, 2022, giving the legislation plenty of time to properly allocate congressional districts as per 2020 census.

Implications of SCOTUS’s Decision

Black Alabamians like Evan Milligan, one of the four voters who sued Alabama for its new map, sees the ruling as a significant setback for Black voters like him. This fight is a personal one for him, a lifelong resident of Montgomery, the endpoint of the 1965 march from Selma that prompted Congress to pass the Voting Rights Act. Milligan shared that he lived in a home with four generations where the right to vote was sacred: “It was a house with a lot of conversation about the legacy of voting rights work and just the amount of resiliency and struggle that Black families have encountered, particularly in the Deep South and Alabama.” He is not the only one who is scared of such a legacy being tarred by a Supreme Court decision.

Harvard Law School Professor Nicholas Stephanopoulos, an expert in redistricting, commented on the impact a SCOTUS ruling in favor of Alabama could have: “If the court accepted Alabama’s argument, that would be the end of Section 2 as we know it. It would become harder for plaintiffs to win Section 2 cases, and states could eliminate many existing minority opportunity districts without violating the statute.” The Supreme Court’s opinion in the fall could set a dangerous precedent for congressional district mapmaking nationwide, eroding the legacy and applicability of the Voting Rights Act.

The Republican state legislators, who maintain the Alabama legislation currently, have continuously made the argument that the redrawing of the map makes the congressional district designation a matter of race. They argue the consideration of race in drawing electoral maps must be limited, which is why the legislation “adopted a map that used ‘race-neutral’ criteria.” Even in the district court case, the state argued the creation of a second majority-Black district would divide the suburbs of Mobile. The argument was rejected by the lower court, which noted that the school districts in Mobile were divided in precisely the same way. There would virtually be no difficulty in applying the new map; the only noticeable difference would be the recognition of a second majority-Black congressional district.

A mural at the Birmingham Civil Rights Institute. Source: Blog author.

Next Steps

Despite the disappointing Supreme Court’s decision, Alabama’s black population has always persevered in the fight for civil rights, including the right to vote. It will only continue to do so.

I encourage all of you to follow this issue closely, read about the Voting Rights Act (specifically Section 2), vote in the primaries (May 24), and continue learning about the various policies and legislation that have been made possible by Black social justice and civil rights advocates.

Policing for Profit: An Ongoing Alabama Investigation

Brookside, Alabama – a poor town, 70% white, 21% black with a small but growing Hispanic population and a median income “well below the state average” has made national news because of the Brookside Police Department (BPD). The BPD has managed to double the impoverished town’s total income from 2018 to 2020 as a result of its 640% increase in fines and forfeitures. How can a town with no traffic lights collect $487 in fines and forfeitures in 2020 for every man, woman, and child while the Brookside Police Chief Mike Jones claims, “It’s not about making a dollar”?

Brookside Changed in 2018

From 2011 to 2018, the town of 1,253 people reported a total of 55 serious crimes to the state of Alabama across the span of eight years. In 2018, with the appointment of Mike Jones as Police Chief of the BPD, this changed significantly: police stops soared between 2018 and 2020; fines and forfeitures – including the seizure of cars during traffic stops – doubled from 2018 to 2019; and an eight additional officers were hired.

Nine full-time officers for a town that stretches six miles, has no traffic lights, and has a population of 1,253 people is “far larger than average.” According to the 2018 FBI Uniform Crime Reporting (UCR), the average size of a police force in the southern United States was three officers per 1,000 residents. As of last year, Brookside had one police officer per 144 residents. As of January 2021, the department announced via Facebook that it had hired six more officers, in order to “expand our dedication and commitment to provide superior community service & protection.” The Facebook page is no longer available to the public.

The lack of transparency does not stop there. While Chief Jones and Mayor Mike Bryan claimed that “neither the town nor the police department relies on the revenue” police officers bring in, audits by Philip Morgan & Co. showed that the town was indeed dependent on the ticket money. From 2018 to 2020, spending on police alone increased 560%, from $79,000 to $524,000. The correlation is reason for causation, for total arrests (custodial, misdemeanor, and felony) rose 1,109% from 2018 to 2020. Additionally, the BPD issued more than 3,000 citations in 2020 – a 692% increase from 2018. The revenue that was brought in increased overall town spending 112% from 2018 to 2020.

trucks — Brookside Police Department purchased unmarked cars and a fully loaded truck with taxpayers’ money. Source: Yahoo Images

Where is this money going? Towards purchasing unmarked, tinted vehicles for the BPD to severely patrol the six miles the town covers, in hopes of collecting even more revenue. The Brookside police officers, according to Jones’s testimony, wear gray uniforms with no Brookside insignias. They also do not list their names in tickets.
In one case, a young man, Thomas Hall, was stopped for speeding and was found with a small amount of marijuana. He was charged with a misdemeanor possession and five counts of possession of drug paraphernalia: rolling papers, the bag the held the marijuana, cigar wrappers, a small jar “that once may have held marijuana,” and a small tray that “might have” been used to roll a joint. On the ticket, the arresting officer was listed as “Agent JS” and assisting officer as “Agent AR.” Hall is not the only one with unnecessary charges tacked onto his citation.

February Town Hall

On February 2, 2022, more than 200 people gathered where 31 people spoke of the victimization they had endured from a “rogue police department that bullied, tormented, and in some cases ruined their lives.” Residents of all demographics – black and white, old and young – demanded that tickets given by the Brookside force be voided and their money be returned. Common themes emerged during the emotional conversation, including how the police was targeting residents and drivers in an aggressive manner, adding on as many charges as possible to the citations, and frequently ticketing outside of its jurisdiction.

Brookside PD Leadership Resignations

After CNN and AL.com launched investigations into the recent events and actions of Brookside PD on January 19, 2022, Mike Jones resigned on January 25, 2022. He could not be reached for any comments. Leah Nelson of Alabama Appleseed Center for Law and Justice stated Jones’s departure is good news but that he is “just a symptom of the problem. We need policy reform.” Nelson’s statement is one that is supported on both sides of the aisle; what is happening in Brookside is not a partisan issue, and it is gaining national attention.

Brookside is a Continuation of History

A 2019 Governing Magazine report found that fines and forfeitures account for more than 10% of general fund revenues for nearly 600 jurisdictions across the United States. This trend first was noticed after the death of Michael Brown in Ferguson, Missouri, where the town issued 32,975 arrest warrants in 2013 for nonviolent offenses. It has been happening across the United States – California, Georgia, even Washington, D.C., for years on end, eroding the already-thin layer of trust between the community and law enforcement.

Another force adding to this erosion is the practice of sentencing people to jail when they are unable to pay their debt – an illegal practice as decided by the United States Supreme Court in Bearden v. Georgia (1983) and again in Timbs v Indiana (2019).

In Bearden, the court held that in “revocation proceedings for failure to pay a fine or restitution, a sentencing court must inquire into the reasons for the failure to pay. If the probationer could not pay despite sufficient bona fide [sincere] efforts, the court must consider alternative measures of punishment other than imprisonment.” Imprisoning someone who may not possess $850 to pay within four months deserves the opportunity to defend why s/he/they could not do so, instead of being locked up.

In Timbs, the Eighth Amendment was contested – specifically, the application of “excessive fines imposed” to state and local governments. In an unanimous decision, all of the Supreme Court justices agreed that Mr. Timbs’s vehicle, valued at $42,000, should not have been seized by the state for a ticket that was worth $10,000. When delivering the majority opinion, the late Ruth Bader Ginsberg spoke on behalf of the justices, administering the opinion that cities charging citizens high fines and fees and seizing property worth far more than their debt were “a threat to American freedom.”

propaganda — This cartoon is how the BPD has been depicted. The need for reform is greater than ever. Source: Yahoo Images.

What’s next?

While policy reform is the main goal and various Alabama departments continue their investigations of the BPD, I would advocate for our readers to not forget the issue of police reform. This human rights abuse seriously affects more Americans than you know, and it is harmful to the quality of innocent people’s lives. People that are already struggling to make ends meet are being charged absurd ticket fees, and the taxes they are paying are not even benefitting them.

Reform is mandatory, and if our representatives on both sides of the aisle can come to this common conclusion, we should no longer question it. Rather, we should invest in searching and strongly advocating for alternatives to limit the police’s power. The universally-understood purpose of a police force is to protect a people, but how can said people trust the protectors if they are the ones exploiting them?

As we have seen in Brookside, the police’s abuse of power has resulted in the accumulation of millions of taxpayers’ dollars, which is only being reallocated to fund the police – the abusers of authority. Taxes are meant to assist the welfare of the state, but all the evidence indicates otherwise. Hosting a town hall meeting is simply the first step, and while it provided the residents of Brookside with an outlet to vent their ongoing troubles, the Alabama legislature and local and state governments must collaborate to ensure that Brookside PD’s actions are never repeated.

Visual Representations for Brookside

Brookside Revenue Sources Over Time

Brookside’s 2020 Revenue Streams

Recap: A Conversation with Dr. Harriet Washington

Last Thursday, Dr. Harriet Washington conducted a seminar with the UAB Institute for Human Rights where she discussed the contents of her book, Medical Apartheid. Dr. Washington has been the recipient of the American Library Association Black Caucus Non-Fiction Award and currently teaches bioethics at Columbia University. The seminar was moderated by Dr. Kecia Thomas, the Dean of UAB’s College of Arts and Sciences.

Cover of Washington’s book. Source: Yahoo Images

In the discussion, Dr. Washington highlighted several aspects of medical treatment of black people that previously went unnoticed. Her motivation for her highly popular book, Medical Apartheid, was a file she discovered in the 1980s during her job at a hospital. At that time, talking about diversity was a taboo thing. But as she was working one day, she came across an old filing cabinet with patient files from the 1970s of people who needed kidneys. As she began sifting through the files, Dr. Washington analyzed the social profiles of those patients and observed a key difference — the files of ethnically white people were much thinner than that of black people. That was a precursor to her next discovery–one of the files of a black person had the word “Negro” underlined, and the health plan laid out was that of imminent demise, not for healthcare. In that moment, Dr. Washington grew acutely aware of racial plights within the healthcare system and of the inferior care that was being offered to marginalized communities.

In 2001, she was invited to an international conference on human medicine in Germany, where the only discussion of the mistreatment of African Americans in medicine was the Tuskegee crisis. This claim was boldly made by the international community because there were no other major records of such mistreatment in healthcare. In that moment, Dr. Washington decided to write Medical Apartheid “so no one can decline this ever happened in history.”

Why use “apartheid”?

According to Dr. Washington, that is precisely what her discovery is. Dr. Harold Freeman, a cancer surgeon in New York, found in 1990 that the men of Harlem, NY had medical profiles similar to the men of Bangladesh. Such a finding is shocking and very disturbing, but Ms. Washington described internalizing his information as an indication of a foundation that enables such actions to be discoverable. The reason why these medical disparities translate to an apartheid is because we have highly effective historical policies that have and continue to succeed in making us “two different Americas.”

While this history and factual information has been ignored for too long, people seem receptive to this information and have been utilizing the history in an attempt to correct it. That is why calling the movement what it is — an apartheid — and doing everything in one’s power, be it from the capacity of an educator or a student, use the information to actually influence a change.

Vaccine Hesitancy

Dr. Thomas shifted the focus of the conversation towards the COVID-19 pandemic and the speculations of vaccine hesitancy among black people being a consequence of the Tuskegee Scandal, an event where black people were given a placebo of the cure for syphilis. This myth, however, was quickly busted by Dr. Washington who first stated blatantly that the American healthcare system is untrustworthy, so blaming people for being untrustworthy of it is unfair to do. She continued to quote a study that founded that black people who have never heard of the Tuskegee scandal are more scared of vaccines than those who are familiar with the medical injustice; thus blaming Tuskegee, according to Dr. Washington, is a form of laziness. Rather than speculate on behalf of black people, and people of color (POC) in general, Dr. Washington’s suggestion is to ask and clarify why POC are less likely to participate in clinical trials. Her own research indicates that prioritizing an elderly age group in such trials is synonymous to penalizing POC, for POC tend to be younger populations while white people have a larger older population. The solution to this is creating more nuanced policies that take into consideration restrictions like not having insurance or limited internet access.

Harriet A. Washington. Source: Yahoo Images

Ethics and Informed Consent

Another area of medicine Dr. Washington specializes in is the ethics of clinical trials and the common violations of informed consent that researchers often engage in. Fraud and deceiving POC in trials is not a new concept; it happened in the Tuskegee trials and continues to happen, unfortunately. In 2006, only black people were given artificial blood to see if they would still heal from the disease treatment being tested; the subjects died of heart attacks because of this deception. While we know placebos exist in clinical trials, administering the placebo to a select group of people rather than across the tested subjects, irrespective of race, is something which is unethical and illegal.

Actions to Take

First, we must be willing to eradicate our generations of ignorance towards people of color, especially black populations, starting with valuing their lives. Having open conversations such as the one had with Dr. Washington is a great place to start because the only thing that is being presented is facts and evidence corroborating a painful yet honest history of medical apartheid. And implementing the information we learn in our research and education is one step we can all take to put an end to this apartheid. The second thing anyone can do is openly advocate for nuanced policies that are socially and economically aware of the implications and disadvantages current policies present to diverse populations. Urging our public servants to pay attention and take action against healthcare injustices is yet another change we can bring forward amid the pandemic, a time that has taught our global community the immense need for a united front against injustices.

The Shift from “Autism Awareness Month” to “Autism Acceptance Month”

The Autism Society of America, the United States’ oldest leading grassroots autism organization, is celebrating Autism Acceptance Month (AAM) in April 2021. This month was previously known as Autism Awareness Month, but this year, the Autism Society is taking to social media to assist it in changing the title to Autism Acceptance Month.

AAM — Autism is a developmental disorder that affects 1 in 59 Americans as of 2020. (Source: Yahoo Images)

In 1970, the organization launched an ongoing national effort to promote autism awareness and to assure that all autistic people are able to achieve the highest quality of life possible. The first annual National Autistic Children’s week commenced in 1972, which evolved into AAM. This year’s campaign is titled “Celebrate Differences,” and it is “designed to build a better awareness of the signs, symptoms, and realities of autism.” The 2021 focus is to “provide information and resources for communities to be more aware of autism, promote acceptance, and be more inclusive in everyday life.” With the prevalence of autism in the United States rising from being 1 in 125 children (2010) to 1 in 59 children (2020), the need for AAM is greater than ever.

So why the shift from Autism Awareness Month to Autism Acceptance Month? Christopher Banks, President and CEO of the Autism Society of America, puts it like this: “While we will always work to spread awareness, words matter as we strive for autistic individuals to live fully in all areas of life. As many individuals and families affected by autism know, acceptance is often one of the biggest barriers to finding and developing a strong support system.” The shift in terminology fosters acceptance to ignite change through improved support and opportunities in education, employment, accessible housing, affordable health care, and comprehensive long-term services. Acceptance is so integral that the Autistic Self Advocacy Network (ASAN) has been referring to April as Autism Acceptance Month since 2011, expressing that accepting autism as a natural condition is “necessary for real dialogue to occur.” The Autism Society of America is also advocating the federal government to officially designate April as “Autism Acceptance Month” since there has never been a formal designation for AAM.

The United Nations has, however, designated April 2^nd as World Autism Awareness Day that is commemorated internationally. This year, the UN plans on hosting a virtual panel discussion titled “Inclusion in the Workplace: Challenges and Opportunities in a Post-Pandemic World” on April 8, 2021. The panel will consist of individuals on the autism spectrum who have personally experienced challenges in the employment market, especially in light of the COVID-19 pandemic.

AAM — The UN designated April 2nd as World Autism Day. (Source: Yahoo Images).

Acceptance is something the global population has been and continues to struggle with, but engaging in conversation and learning about one another’s perspectives, we can individually become accepting. And if the global population decides to embrace such a philosophy, our world can be filled with more love and acceptance and less hatred and stigmatism. Let us all aim to be aware and accepting of the global autism community as well as others. It starts with you and educating yourself.

Justice for ISIS Child Suspects

What is happening in Iraq — An infographic displays the treatment of children by the authorities. Source: Yahoo Images.

The Human Rights Watch collected evidence in between January and June 2020 that closely reviewed the trial cases of 75 alleged child offenders who were recruited by the Islamic State (ISIS). The cases had led to the misconstrued holding of the children, but upon review, the Human Rights Watch ordered the release of the children, using reasons like a lack of evidence and preventing double jeopardy, as well as provisions of Iraq’s amnesty law. The 2016 Iraq Amnesty Law offers amnesty to persons who can show that they joined ISIS or another terrorist group against their will and did not commit a serious offense prior to joining the group.For years, Iraqi and Kurdistan judicial authorities have charged hundreds of children with terrorism for alleged ISIS affiliation. Several of the charges have been based on the dubious accusations and forced confessions of these children, regardless of the extent of their involvement with ISIS, if any. Such behavior from authorities has led to an international norm that children recruited by armed groups should be treated as victims, first and foremost, not as criminals.

In January 2020, a committee formed under the Nineveh Federal Court of Appeal and Bar Association, consisting of a judge, a general prosecutor, and a social worker. This committee adjudicated the cases of suspects who were children at the time of their alleged alliance with ISIS. The approach taken by this committee was one of compassion and complied very well with acknowledging the human rights of these child suspects. In June 2020, Iraqi judicial authorities dissolved the committee, saying it had reviewed all the pending cases, but another committee in Nineveh, Iraq, continued adjudicating such cases. In August 2020, an anonymous source close to the Nineveh Bar Association told the Human Rights Watch that the committee had reviewed 300 case files before being disbanded in June. They convicted 202 people, dropped charges against and released 31, and pardoned and released 44 under Iraq’s 2016 Amnesty Law. Three cases were dropped because the defendant had already served a sentence for the same crime, so to not invoke double jeopardy, the committee permanently ceased proceedings against the three people.

Arrested child suspects line a corridor, awaiting response from the police. Source: Yahoo Images.

The committee, unlike other Iraqi courts, attempted to review individual cases more fairly and better apply international standards. By doing so, it was able to convict the guilty and release the innocent, which Iraqi courts do not have the best record for. In the Iraqi-Kurdistan regions, children have been tried in Kurdistan and re-tried for the same crime in Baghdad-controlled territory, with courts ignoring whether or not the child had been acquitted or convicted and already served a sentence in Kurdistan.

This has been the case since the advent of ISIS in Iraq: hundreds of children have been charged with crimes of terror, and such convictions have been justified under Iraq’s 1983 Juvenile Welfare Act. The Act states that the minimum age of criminal responsibility is 9 in Iraq and 11 in the Kurdistan region. Children that are under 18 at the time of the alleged crime are sent to a “youth rehabilitation school” which is designed to provide social rehabilitation and reintegration via educational or vocational training. However, a source within the Tal Kayf prison said that “the cells are identical to those for adult detainees, with no access to any reading or studying materials besides the Quran.”

What needs to be done?

The Nineveh committee is the first step towards attaining a more efficient and fair judicial system in Iraq where ISIS affiliation does not automatically translate to imprisonment. Children should only be detained as a last resort and for the shortest appropriate period, in compliance with international law. Countries should provide proper assistance for children illegally recruited by armed groups and/or forces, including assistance for their physical and psychological recovery and social reintegration. The Iraqi government and Kurdistan Regional government should amend their counterterrorism laws to end the detention and prosecution of children solely for participating in ISIS training or membership with recognition of international law that prohibits recruiting children into armed groups. And the High Judicial Council should permit committees to delve into more counterterrorism cases to avoid the trend of double jeopardy, while instructing judges across Iraq to release all children who have not committed crimes and ensure their proper rehabilitation and reintegration.

In the first half of 2020, Iraq has taken an essential step towards protecting the rights of children rather than trampling them. But this progress is at risk of Iraqi officials do not implement such steps elsewhere.

Anti-Asian Racism in America

In light of the COVID-19 pandemic which originated in China, xenophobic attitudes towards Asian Americans have spiked and resulted in a communal fear among Asian Americans. The STOP AAPI (Asian American and Pacific Islander) Hate reporting center formed in San Francisco on March 19, 2020, in hopes of keeping a record for hate crimes towards Asian Americans. Since last spring, Stop AAPI Hate has reported more than 2,800 incidents, ranging from “verbal abuse and workplace discrimination to storefront vandalism and physical violence,” several of which have been fueled by xenophobic sentiment. The sentiment seeks to scapegoat Asian Americans for coronavirus, and the sentiment has only propelled further by former President Donald Trump’s use of racist terms to describe the virus.

Some examples of this anti-Asian sentiment include violence towards elderly members of the AAPI community. In San Francisco, 84-year old Vicha Ratanapakdee died after getting shoved to the ground. A 91-year old in Oakland, CA, was brutally pushed from behind. In San Jose, a 64-year old woman was robbed in the middle of the afternoon. These attacks have had devastating impacts, as Cynthia Choi, a co-founder of Stop AAPI Hate, said in a press call. She elaborated that the AAPI community is “fearful of being in public alone, simply going for a walk and living our daily lives.” Activists have been trying to draw attention to these instances of violence and are putting forth their best effort in pressuring local governments to provide more financial support for victims. The activists also have emphasized the necessity for communities of color to stand in solidarity and focus on cross-racial education and healing in order to “raise awareness about the discrimination that different groups experience.”

protests — Asians are not a virus, the hatred is. Source: Yahoo Images.

Another horrific incident occurred in Atlanta, Georgia, on March 16, 2021 which resulted in the deaths of six Asian women and two others who were shot in their workspace by Robert Aaron Long. Long claims he was not racially motivated, but he did target Asian-owned spas. The shooting has not only shaken up the Georgia Asian community but the entire nation, and the event has received immense backlash from all communities. It is unfortunate that a shooting is bringing attention to this ongoing issue.

Asian American lawmakers are also taking a stance to respond to the anti-Asian racism. They want Congress to pass the No Hate Act, which boosts local government funding for tracking hate incidents, along with a meeting with the U.S. Department of Justice and a hearing about recent attacks. These efforts are led by the Congressional Asian Pacific American Caucus, chaired by Rep. Judy Chu (D-CA), and has gained support from House Speaker Nancy Pelosi and lawmakers in the Congressional Black and Hispanic Caucuses. Previously passed in the House of Representatives as part of the Heroes Act, the No Hate Act aims to establish regional hotlines for people to report hate crimes, provide resources for local governments to investigate the reported crimes, and focus on the rehabilitation of offenders through community service. The lawmakers in favor of this act claim that AAPI hatred and bigotry is not a new concept in America, quoting the Chinese Exclusion Act of 1882 which framed the Asian American population as “forever foreigners” in the United States. Having such a xenophobic attitude dating from so long ago is something that must be dug deeper into for it to be eradicated from the American mindset.

aapi hate — Ongoing protests by all members of the AAPI community have commenced from the time the violence began. Source: Yahoo Images.

The severe disrespect and violence that members of the AAPI community are enduring for a pandemic that has affected the entire global population is unfair and inappropriate. In any community, the elderly are valued as wise people who have enlightening advice to pass onto their successors. The act of even pushing someone who is a senior citizen is a very lowly act that should not go unobserved or unchallenged, especially by the federal government. And the shooting of 8 people, 6 of which are Asian, is not as coincidental as Robert Aaron Long may claim. Xenophobia is a very damaging concept that is unfortunately part of American history, but that does not mean it should be repeated, especially in a time of dire need for unity against a global pandemic.

Violent Persecution of the Shi’a Hazaras of Pakistan

Who are the Hazara Muslims?

The Hazara Muslims are a predominately Shi’a Muslim group that originate from Afghanistan. Hazaras are famous for their music, poetry, and proverbs from which their poetry stems, which have been passed down orally through generations. They speak a dialect of Dari (Farsi – Persian dialect) called Hazaragi.

The conflict of Sunni Muslims versus Shi’a Muslims derives from a varying interpretation of the Holy Qur’an and the distinct lineage both sects choose to recognize. Consequently, extremist groups in Pakistan have resorted to violence carried out by Pakistani governmental organizations who have feared Shi’a Islam becoming a major sect since the Iranian Revolution in 1979.

These targeted killings had continually existed, but they reached unprecedented levels in 2013 with approximately 700 Shi’a murdered, many of which were Hazaras in Baluchistan. Bombings in 2013 also claimed innumerous Hazara lives, and such violence eventually led to protests by the Hazaras, including refusing to bury the deceased bodies until the Pakistani government took some action.

What has been happening with the Hazaras recently?

Believing in a different interpretation of Islam and allowing more freedom to their women are two red flags to extremist groups such as the Islamic State (IS). The IS massacred. eleven Shi’a Hazara coal miners in Machh, Baluchistan, on January 2, 2021. The families of the deceased refused to bury the bodies and demanded a visit from Pakistan’s Prime Minister Imran Khan, along with immediate action against the perpetrators who claimed responsibility for the killing. On January 6, 2021, the Baluchistan Chief Minister, Jam Kamal, visited a protest camp and urged them to let go of their demand. He tried to reassure the protestors that his government is doing all they can to eradicate terrorism, but with little success. Considering the mass murder that has been occurring since 2013, the Hazara people have no reason to believe the Chief Minister of their state.

overcome grief — A father overcome with grief as he is told about his son’s death. Source: Yahoo Images.

What can be done?

For starters, the Pakistani government can acknowledge the persecution that Shi’a Hazara Muslims have been encountering for generations, and find a way to actually eradicate such acts of terrorism that are being justified by extremist groups with the overarching term, jihad.

To ensure progress is being made, the Foreign Minister of Pakistan, Shah Mehmood Qureshi, and the leader of the prominent Afghan Hezb-e Wahdat-e-Islami political party, Karim Khalili, met in Islamabad on January 12, 2021. They exchanged views on Pakistan-Afghanistan relations and progress in the Afghan peace process. The political figures also briefly recalled the visit of Pakistani Prime Minister Imran Khan in November 2020 to Kabul to hold talks with Afghani President Ashraf Ghani. During those talks, Afghanistan promised Pakistan it would do “everything, whatever is possible” to aid the peace process. But Pakistani officials like Qureshi believe that there are “spoilers” within and outside of Afghanistan who do not wish to see the return of peace in Afghanistan and other affected regions.

It is time for the international system to fulfil its role in protecting the global population. Years and years of persecution of a people who have done nothing to deserve such brutality needs to come to an end.

The ‘Kisaan’ Protest: A Turning Point for India’s Democracy

Depiction of Kisaan — A kisaan in his khet, or field. Source: Yahoo Images.

You may have heard or seen news about the ongoing farmers’ protest in India right now. This protest was sparked by three bills that were adopted by the Indian government in September 2020. These three bills primarily place the livelihood of these farmers from the state of Punjab at the mercy of corporations. The privatization of the agricultural economy will surely benefit the Indian government, but the farmers will suffer greatly since corporations will purchase their crops at a much lower rate, leading to generational debt which has already led to farmer suicide in India. To prevent the exploitation of their livelihood, the kisaans (“farmers”) have set out on a protest, the highlight of which has been their march from Punjab to Delhi, India’s capital. The Indian government, led by Prime Minister Narendra Modi, has not reciprocated the farmers’ concerns with any form of sympathy. Rather, senior leaders of the Indian government have called the protestors “anti-nationalist” and “goons.” Such a reaction from the government is not unusual for the Sikh farmers who have been the target of persecution by the Indian government multiple times in the past.

Historical Context

In the 1970s and 1980s, Punjabi Sikhs held similar views in regards to the Indian government’s support for agriculture, an industry which has always been essential to the Indian economy and still is with 60% of the Indian population reliant upon farming for its sustenance. Unfortunately, the Indian government reacted the same way it is in 2021 – by labeling the protestors anti-nationalist. Additionally, the government launched a series of egregious human rights abuses consisting of attacks on the Punjabi population in the 1980s, attacking the Golden Temple of Amritsar in June of 1984, launching a state-sponsored pogrom in November of 1984, and extra-judicial killings in the following decade. What is worse is that the Indian government has never acknowledged nor apologized for these events, giving the people of Punjab a reason to have grievances towards the government.

But the state of Punjab is not the only population that has been the prey of India’s ongoing human rights abuses. The rise of right-wing authoritarianism in India coincides with the ascension of Narendra Modi to the role of Prime Minister; Modi himself took part in genocidal violence in 2002 while presiding over Gujrat’s anti-Muslim pogroms as chief minister of the state. Though the current protests are pogroms, the Indian government has acted in an undemocratic manner with its press censorship, journalist detention , and violent crackdowns on the non-violent protestors.

Protestors took over the Indian capital of Delhi, demanding their rights. Source: Yahoo Images.

What do the farmers want?

Farmer unions and their representatives have asked that the three farm acts passed by Parliament be repealed; they will not settle for anything less. The government proposed an 18 month delay of the laws to give the farmers time to adjust, which was also rejected. Between October 14, 2020 and January 22, 2021, eleven inconclusive rounds of talks have taken place between the government and union representatives. The farmers even suggested overthrowing the government on February 3, 2021 if the laws are not repealed.

The reasoning for the farmers’ escalating anger is two-fold: one, the human rights abuses the Indian government is inflicting on the non-violent protestors, including tear gas; and two, the failure of the Indian government and leaders to cooperate with the unions. To peacefully protest a set of acts is well within the rights of a people belonging to a democratic nation, but it is not the right of the government to respond to peace with violence and neglect the concerns being voiced by its people. That is not what a democracy is.

COVID-19 in ICE Detention Facilities

Children advocating for — Children ask for their parents’ safety while they are in ICE facilities during COVID-19. Source: Yahoo Images

On a visit to a private United States Immigration and Customs Enforcement (ICE) facility in Texas, a reporter met with Philip, an immigrant from the Democratic Republic of Congo, to speak about the conditions of ICE facilities amid the coronavirus pandemic. Philip recalled his experience, telling the reporter that ICE does not “pay attention to the rules,” and “agents do not wear masks and do not respect quarantine.” Furthermore, he shared that the agents claim “health isn’t ICE’s responsibility.”

How severe is the risk of COVID-19 in the ICE facilities?

After hearing about the first warnings of COVID-19, Chris Beyrer, MD, Desmond M. Tutu Professor of Public Health and Human Rights, highlighted the potential for catastrophic outbreaks of the virus in America’s jails, prisons, and immigration detention centers. His background in epidemiology and research on infectious diseases in prisons gave him the credibility he needed to make such a grave claim. Additionally, in Wutan, China, where one of the first big outbreaks of COVID-19 was, prisons and jails had all the red flags that worsened the spread of COVID – indoor facilities, crowded populations, and hygiene challenges. This was more alarming to Breyer since he was aware of America’s densely populated facilities and their lack of preparedness in handling a pandemic.

Breyer was approached by a group of lawyers working with five older Latina women in the El Paso ICE facility; the women, in addition to their age, had at least one preexisting condition, such as diabetes and hypertension, putting them at a greater risk of becoming severally ill if they were to contract COVID. The lawyers sent Breyer detailed plans of the facility and housing arrangements, and Breyer’s team concluded that ICE could not protect the five women; they would be at high risk if they were exposed. The case reached a federal court where the judge ordered the release of all five women, who fortunately had family in the U.S., so they could go home. The judge’s ruling cited the irrefutable scientific evidence and explicitly said that ICE had failed to prove that they could protect the women from exposure. This precedent itself sets the standard for any other case that emerges during COVID in relation to ICE and the safety of a detention facility amid a pandemic.

Police in ICE facilities ignore COVID-19 guidelines. Source: Yahoo Images.

What else has ICE been doing amid a pandemic?

The sad part is that this unsanitary environment was present prior to the pandemic. In a 2019 inspection of ICE facilities by the Department of Homeland Security (DHS), the report says the DHS found “egregious violations”: moldy bathrooms, food safety issues, lack of hygiene items, and inadequate medical care. If these problems existed pre-pandemic, there is no guarantee that ICE has improved their filthy detentions’ environments. Though the ICE website has posted that it is abiding by CDC guidelines, there is no solid proof of such changes. Instead, ICE’s ongoing deportation flights have not ceased. Since January, over 450 deportation flights to fifteen countries in Latin America and the Caribbean have taken place. Eleven of these fifteen countries have confirmed that deportees returned with COVID-19. Since March, ICE has arranged 180 flights from detention centers in hotspot states – Texas, Arizona, California, and Florida – to the Northern Triangle and Mexico. Cases across the region in March jumped from few to thousands, which has been worsened by the deportations of COVID-positive immigrants.

A Call to Action

Amy Zeidan, an assistant professor of Emergency Medicine at Emory University, called for ICE to comply with mandatory CDC guidelines and release as many people as possible from immigrant detention. It has also been suggested to do three things in the meantime to fix the underlying structural issues that have worsened the spread of COVID in detention facilities: “increase COVID-19 screening and mass testing; improve access to medical care outside of ICE facilities for COVID-19 positive detainees; [and] implement systematic investigation into ICE facilities in violation of other guidelines.”

Homeland security is something that everyone cares about. But if America needs to cage immigrants in unsanitary, filthy conditions where they are at a greater risk of dying, then the DHS and ICE need to rethink their stance and their treatment of people who have immigrated to the United States. This pandemic affects everyone, but it can be mitigated with the correct precautions. People like Philip who witness such malnourishment within ICE facilities do not deserve to be treated with such cruelty.