Maya Crocker – UAB Institute for Human Rights Blog

United States: The Case for Transitional Justice

“Statue of Lady Justice” Source: Jernej Furman via Flickr

Note from the Author: This blog was written to accompany the Social Justice Café Transitional Justice: Here & Now hosted by the Institute for Human Rights at UAB on Wednesday, November 30th at 4:00pm CST. At this event we will discuss a brief history of Transitional Justice in the United States and hold an open discussion about what it could look like in the home city of the Institute, Birmingham Alabama. You can find out more information and join the virtual event here. In this post, we will explore transitional justice in the United States. We will have another post on the international context of transitional justice.

Transitional justice is a field of international justice that “aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations” (OHCHR). Often referred to as TJ, transitional justice is a system of multiple mechanisms and processes that attempt to create stability and ensure justice and remedies for victims of oppression and human rights transgressions. Some of the most commonly used mechanisms of TJ are truth commissions (TCs), reparations, and trials of perpetrators.

In practice, transitional justice has often been restricted to nations following active conflict or repressive authoritarian regimes, otherwise known as transitional time periods. This traditional understanding of transitional justice is beginning to evolve as stable, established democracies like Canada and South Korea implement TJ mechanisms such as truth commissions and reparations to address and amend state-sponsored abuses of certain groups. As it evolves the international gaze has once again turned to the United States and the uncomfortable discussion about the historical and ongoing oppressions. This article intends to establish the historical basis of transitional justice in the United States and recent developments to encourage a conversation about acknowledgement, fact-finding, reparations, and justice in the land of the free.

Section 1: Historical Examples of Transitional Justice in the United States

With an international spotlight on the Black Lives Matter movement in the United States in 2020 came an increase in conversations about reparations to African Americans for the abuses of slavery, segregation, police brutality, prison labor, exclusion from housing and education and other forms of state-sponsored oppression that have proliferated for centuries. The discussion about the harms the American government has caused to Indigenous tribes, Alaskan Natives and people of Hawai’i, and other marginalized groups has been a matter of public discourse for decades. While the word reparations saturated international media, little attention was given to what reparations would truly look like, could look like, and examples of when the United States have provided reparations before.

While the spotlight of this discussion about reparations is often on monetary forms, such as property, cash or pensions, transitional justice recognizes that reparations can and should come in many different guises in order to provide a more holistic and healing process for victims. Reparations are deeply context-specific, and should be tailored to the needs of the victim, nation, and individual circumstance. However, examples of other forms of reparations and TJ include official acknowledgements and apologies, funding of research to uncover facts and educate the public on the truth, providing education and/or healthcare to victims and their families, and preserving historical sights and monuments. Ultimately, they should be determined by and catered to the people involved.

I have included both a brief infographic timeline and a more detailed look at a few examples of government-led transitional justice mechanisms in the United States below. It is important to note that, as many of these instances occurred prior to our modern definitions of transitional justice and reparations, this timeline encompasses cases of compensation which, under similar circumstances today, would likely be considered reparations, but were not explicitly intended as such at the time. The same goes for fact finding commissions that are analogous modern Truth and Reconciliation Commissions, though they lack that title. I have excluded instances of payments or acknowledgements being issued following a lawsuit through our judicial system, as well as instances of TJ being led by non-governmental entities like community organizations, charities or other non-governmental institutions.

Infographic by Maya Crocker for the Institute of Human Rights. Source: https://guides.library.umass.edu/reparations

President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, otherwise known as the Kerner Commission, in 1967. It was established to serve the purpose of a fact-finding mechanism akin to a Truth Commission today. The goal of the commission was to identify the causes of the violent race riots of 1967. While widely ignored, the Kerner Commission found that the root of the unrest were unequal economic opportunities, racism, and police brutality against minority racial groups in America.
Following concentrated efforts from interest groups and international attention, the United States federal government committed to two massive examples of explicit transitional justice mechanisms in the 1980s for Japanese Americans that were interned by Executive Order 9066 during World War II. In 1980 President Jimmy Carter signed the Commission on Wartime Relocation and Internment of Civilians (CWRIC) into law, establishing a clear transitional justice mechanism (truth commission) at the national level. The CWRIC published the full report of their findings in February of 1983, and momentum from the commission persisted with the recommendations which were published in June 1983. The recommendations included an official apology, pardons for those convicted of violations of the executive order or during detainment, and the establishment of a federally funded foundation for research and education on the incident.
Shortly after the results of the CWRIC circulated across the nation, the United States Congress passed the Civil Liberties Act of 1988 which provided all eligible interned individuals with a one time payment of $20,000 in reparations as well as official acknowledgement and apology from the United States. In addition, all individuals who were convicted of disobeying the executive order or violating rules while interned were officially pardoned.
In response to the massive Black Lives Matter protests in 2020, many subnational level truth commissions and reparations programs were initiated, including those in the State of California, Evanston, Illinois, and Asheville, North Carolina. As the national conversation continues, we may see an increase of examples of transitional justice at work in United States communities.

“Freedom?” Source: Nicu Buculei via Flickr

Section 2: You, us, and the future of transitional justice in the United States

Whether in Europe, Africa, the Asia-Pacific, the Middle East, or the Americas, civil society plays a key role in the transitional justice sphere. Civil society actors are civilian organizations which can be activist groups, media, charities, non-profit organizations, educational groups and schools, or just citizens interacting with policy. Most recent transitional justice measures that have been implemented in the past few years in the United States have been on the subnational level. They are occurring as a result of citizens’ calls for action, constant attention on the need for transitional justice, and the everyday acts of discussing transitional justice.

Birmingham, Alabama is a historic city for human rights, civil rights and civic action. Civil society here, in this city, has influenced national change through the Civil Rights Movement as well as citywide changes like the removal of confederate statues in public parks and the preservation of historic sites from the Civil Rights Movement like the Greyhound Bus Station and 16th Street Baptist Church.

The Institute of Human Rights at UAB fosters an educational environment where you can see civil society at work, and hosts Social Justice Cafes on the second Wednesday of every month during the school year at 4:00pm CST. We will be hosting our last Social Justice Café of the semester, Transitional Justice: Here & Now on Wednesday, November 30th to discuss what transitional justice should look like in American cities like Birmingham. You can find out how to join these open discussions, and become a civil society actor yourself, and attend more free educational events from the Institute of Human Rights here.

International Day for The Eradication of Poverty

Monday, October 17th is the International Day for the Eradication of Poverty; in 2022 we have a lot to acknowledge and a lot of work to be done. The theme for this day of commemoration is dignity, focused on how every human has the right to live with pride for themselves and respect from others. The first line of the Preamble for the Universal Declaration of Human Rights (UDHR) emphasizes the importance of how the “…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and that is precisely the ideology behind the founding of this human rights holiday. But why, exactly, is poverty an international human rights issue?

History

Global poverty is defined as “lacking enough resources to provide the necessities of life—food, clean water, shelter and clothing. But in today’s world, that can be extended to include access to health care, education and even transportation.”

This international day of recognition was adopted by the United Nations in December of 1992 to recognize the structures that cause poverty, to listen to and amplify the needs and desires of impoverished persons, and to place a specific focus on how the international community and global leaders can work to solve this persistent social problem. October 17th was chosen to observe this topic because on this day in 1987 a crowd of over a hundred thousand protesters gathered in the Trocadero Plaza of Paris, France to honor the victims of extreme hunger and poverty. In commemoration, a stone was placed in the Plaza, now renamed the Plaza for Human Rights and Liberties, engraved with the following message from Father Joseph Wresinski, “Wherever men and women are condemned to live in extreme poverty, human rights are violated. To come together to ensure that these rights be respected is our solemn duty”.

The right to live free of poverty is not listed in the UDHR, but our current understanding of poverty constituting a violation of human rights has been developing since before the UDHR was proclaimed by the United Nations General Assembly in 1948. This is because living in extreme poverty is almost always accompanied with a loss of essential human rights that were explicitly enumerated in the UDHR, like the right to health, safe food and water and the right to adequate housing as illustrated in Articles 25 of the UDHR and the Human Right to Water and Sanitation. Even in developed and wealthy nations, citizens living in poverty experience obstacles in their ability to access the right to education, work, and political participation named in Articles 21, 23, and 16 of the UDHR.

While persons living in poverty are often denied many, if not all of those fundamental human rights listed above, this holiday gets its theme from Article One of the UDHR, from which this holiday gets its theme: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Those in poverty often lose this right as limited access to the essential requirements of a quality life places them in a position where they rely on the aid of others, who often treat the impoverished as less than equals. They are patronized and degraded in their daily lives, and the social response to an impoverished person exercising their agency to decline charity is typically one of rebuke.

The Current State of Poverty

Global poverty rates have increased since the beginning of the Pandemic in 2020, and World Bank estimates that we have been set back 3-4 years on our path to ending extreme poverty as of October 2021. In addition to climbing unemployment and poverty rates is the leap in inflation, which has climbed globally as supply chains stretch thin. The Pew Research Center has found that the global middle class shrank while the global poor increased as the pandemic progressed, disrupting the progress of developed nations around the world, particularly in Asia and the Middle East.

These economic impacts affect more than immediate financial conditions of those involved. One side-effect has been a loss in education; as the United States and other wealthy countries moved online in response to the pandemic, other nations (particularly in the Global South) had to close schools entirely. Human Rights Watch has noted that, for millions of school-aged children, the pandemic effectively ended their formal education as alternative school options were few and the need for work and additional income rose. The International economic recovery will be challenging, and may take years to accomplish, but it is paramount that we keep the most vulnerable, both their dignity and agency, in mind as we navigate our collective path forward.

International Human Rights holidays are often overlooked due to their focus on what are often perceived to be niche categories outside of major religious or cultural practices. However, observing human rights holidays is a practice that allows for shared positivity and encouragement as we mark progress and victories in the field. They also provide days of unity to focus on pervasive issues that still need attention and work. On this holiday, join me in taking the time to think about how poverty affects your community, how your community has responded, and how it can alter that response to alter the quality of life for its impoverished population.

Pakistan’s Floods : A Humanitarian and Climate Crisis

One third of Pakistan is underwater following disaster-level floods that have ravaged the country since mid June of 2022. The flooding is a humanitarian crisis of epic proportions, bringing climate change and environmental justice into the focus of conversations about why the floods are so devastating. The record-breaking monsoon rains have affected 33 million citizens, leaving millions displaced and threatening the economy by washing away the fall harvest and essential farmland. Pakistan’s most vulnerable are struggling to access the scarce aid that is available, including the 19 million children affected by the floods. It is an unprecedented, once in a century crisis event exacerbated by climate change, poor infrastructure, and the damages of the recent economic crisis prior to the flooding.

Direct Impact of the Floods: Hunger, Disease and Displacement.

The monsoon rains have killed over a thousand people, roughly 400 of which are children. However, hunger, thirst, disease, and shortages of essential supplies threaten the lives of even more; millions of Pakistani people have been displaced over the course of the floods since June. The United Nations Refugee Agency has estimated that 6.4 million people are in need of immediate support.

Any discussion of rebuilding has been shelved in submerged regions as the flood waters may not recede for months, leaving the thousands of kilometers of roads, tens of thousands of schools, hundreds of thousands of homes, thousands of essential healthcare facilities destroyed by floodwater, and prior residents stranded or displaced. In addition to the initial death toll from the floods, the Pakistani people are facing immediate dangers of water borne disease, lack of access to food, water and shelter, and risks of violence; especially for women, children, and minority groups.

The country’s health system has faced substantial blows, both from loss of structures and supplies caused by the flood and the overwhelming need of those affected. Dehydration, dysentery, cholera, malaria, and dengue fever are ravaging make-shift camps as the flood waters become stagnant and clean water and sanitary supplies become harder to come by. Sindh Province, the second-most populated province in Pakistan, and one of the hardest-hit by the floods, has seen over 300 deaths from water borne-diseases since July. Early disease surveillance by the WHO has revealed that tens of thousands of cases of flood water-caused diseases are already present amongst those within reach of relief efforts. Countless villages remain stranded as roads and highways are underwater, so the true number of deaths, displaced persons, diseased, and persons otherwise impacted by these crises are expected to climb as more recovery efforts continue to search the flooded regions.

Without international aid and intervention, an epidemic of disease caused by the floods will cause a second wave of deaths in Pakistan, of which the elderly, children, and pregnant women will be the largest groups facing losses. International aid, medical and humanitarian organizations have joined the Pakistani government and are regularly dropping medical supplies, malaria nets, food and provisional shelters, but the need continues to grow as more people find their way to temporary camps and the rate of disease climbs.

Human Rights & The Most Vulnerable

A nation’s most vulnerable populations are often the ones who suffer the worst effects for the longest time after a natural disaster like these floods. For Pakistan, those vulnerable groups are women, children, the Khwaja Sira (transgender) community, those living in extreme poverty, religious minorities, and other marginalized groups. Typically, socially disadvantaged groups are living in regions with lesser infrastructure, facing the initial worst impacts of natural disasters, but marginalized status often leads to upwards battles to access humanitarian aid after the disaster as well. There are estimated to be 650,000 pregnant women displaced in Pakistan right now, in urgent need of maternal health care and safe, sterile facilities to give birth in, with many taking perilous journeys in hopes of reaching a hospital or safe places to give birth.

CARE, an international human rights and social justice organization, spoke on this concern. Pakistan Country Director for CARE, Adil Sheraz said, “With entire villages washed away, families broken up and many people sleeping under the sky, the usual social structures that keep people safe have fallen away, and this can be very dangerous for women and girls.” 

Following the 2010 floods in Pakistan, denial of aid and violence against minorities became a prevalent issue and large protests against law enforcement arose due to their failure to protect vulnerable groups. Preventative measures against recurrence of these issues have been few and far between since 2010, and international human rights communities are on high alert for rising reports of discrimination in relief distribution and crimes against minorities. Reports of sexual violence have already increased following the floods.

In addition to some of the most vulnerable Pakistanis are roughly 800,000 Afghani refugees who have been hosted by Pakistan in Sindh and Balochistan; two provinces faced with the worst of the flooding and submersion. Pakistan has a deep history of offering asylum and refuge for those fleeing across the border from conflict in Afghanistan, and is home to 1.4 million Afghani refugees currently in 2022. Following the August 2021 withdrawal of US troops from Afghanistan, the Islamic Emirate government (also known as the Taliban), Pakistan became an even more essential haven for the influx of refugees fleeing a violent authoritarian regime. In the wake of this natural disaster, the loss of $30 billion dollars worth of infrastructure, homes and supplies, and facing an economic crisis, Afghani people with hopes of finding refuge in Pakistan must now find new routes to safety.

Environmental Justice & Climate Change

Though Pakistan faces annual flooding of the Indus river from heavy rains in monsoon season, record breaking rains preceded by an extended heatwave contributed to an unrivaled degree of flooding this summer. Heatwaves brought temperatures around 50° Celsius (122° Fahrenheit) to India and Pakistan between March and May of this year. Monsoon rains followed the spring heatwaves, and in the regions of Sindh and Balochistan rainfall reached 500% above average. The 2022 floods will leave a significant economic, infrastructural, and humanitarian impact on the country of roughly 220 million people. The reason for the dramatic influx in severity is complex, but simple at its core: climate change.

Pakistan is facing an unfair share of the consequences of climate change; while it was responsible for only .3% of global CO2 emissions in 2020, it is likely that this year’s heatwaves and floods will be on the less severe end of what is to come. The United Nations has deemed Pakistan a “climate change hotspot”, stating that people in South Asia are 15 times more likely to die from climate impacts. As the global temperature rises and geohazards become more extreme, disaster-prone regions like Pakistan will face more and more devastation. The best prognosis for the region comes with prevention efforts like strengthening anti-disaster infrastructures. As the global north is responsible for 92% of excess emissions contributing to global warming and climate change, Pakistan, the United Nations, and other international agencies are calling for countries like the United States to make increased contributions to relief funds and infrastructure development overseas.

United Nations Secretary-General Antonio Guterres, while visiting Pakistan in September 2022, said, “…the fact is that we are already living in a world where climate change is acting in such a devastating way. So, there must be massive support to what usually is called adaptation, which means to build resilient infrastructure and to support resilient communities and to create conditions for those that are in the hotspots of climate change. Pakistan is one of the hotspots of climate change. For those countries to be able to prepare for the next disaster and to be able to resist the next disaster, this needs a huge investment and this investment needs to be provided.”

Relief & Aid

Pakistan has faced an overwhelming series of calamities since the start of this year, and the impacts from these disasters are greatly exacerbated by food shortages and an economic crisis prior to the start of the disasters in March. There are millions of people in need of aid, and every bit of support helps. If you are unable to financially contribute, please consider sharing this or other articles about this crisis to increase international attention on those who need our help.

For donations of money, time, or other resources, we have compiled some reputable aid agencies below:

Pakistan’s Red Crescent Society is providing clean drinking water, medical treatments, temporary housing, and other essential aid across flood-hit regions. Donate or get involved with their flood response efforts here.
The United Nations Refugee Agency has provided millions of dollars in aid to Pakistan, and you can contribute here to support their continued relief efforts.
The International Medical Corps are on the ground in Pakistan, providing medical care and responses to both the floods and gender-based violence across the country. Find out more & how you can donate here.
Muslim Aid has reached over 29,000 people in three affected districts of Pakistan, providing hygiene kits, shelter, and essentials to those in need. Contribute to their fund here.

The Right to Vote And The 2022 Midterms

Though the right to vote was codified as a fundamental human right in Article 21 of the Universal Declaration of Human Rights in the 20th century, voting has been a cornerstone of American democracy since the nation’s founding in 1776 (though it took a while to realize this right for everyone). In order to call itself a representative democracy, the United States must represent its citizens through laws and elected officials, which is executed through free and fair elections with equal access to participating in the voting process. In this article, we will be covering the importance of ensuring voter accessibility, some upcoming voter issues from a human rights standpoint, and, of course, how your vote matters!

Please scroll to the end of this article for information on voter registration, aid in accessing the polls, remote voting options, and how to find your local candidates and docket items.

What are Midterms?

Midterm elections are held in the middle of Presidential terms. In midterm elections, eligible citizens vote for the House and Senate candidates that, if elected, shape national laws and policies. The 2022 midterm elections take place this year on Tuesday, November 8, 2022, and will have a major impact on citizens’ rights on both the state and national level. These elections determine which political party will hold the majority in the houses of Congress for the next two years, which can affect everything from the federal budget to national and international policy. Check the current midterms forecast here to see how the House, Senate, and your state elections are predicted to go.

Each Vote Matters

The most common response I receive when asking why my peers choose not to vote is the thought that, “one vote cannot make a difference”. History disagrees. The 2020 presidential election saw a record voter turnout, with nearly two thirds of all eligible voters (158.4 million people) showing up to the polls. However, midterm elections historically have 10-20% lower voter turnout than presidential elections. For example, the 2018 midterm elections only saw 113 million votes, which is roughly 53% of the eligible voter population; and that was still the highest voter turnout for a midterm election in four decades with a historic average of roughly 40%. That means the elected officials who vote on crucial national policies like minimum wage, education, housing and healthcare are only representative of less than half of Americas eligible voters.

In addition, following the Supreme Court’s decision of Dobbs vs Jackson in June 2022, we have seen a large change in voter demographics as historically conservative states like Kansas, Ohio and Alaska observe spikes in young, female voters and Democrat registrations. On September 13, 2022, Democrat Mary Peltola was sworn in as the first Alaskan Native to be elected as an Alaskan representative in Congress. States that have been dependably Republican for decades are now facing a new population of politically active citizens flocking to all forms of civil engagement in order to change their states, for the present and the future.

The Voter Issues

As we get closer to the midterm elections, it is important that we recognize both the dangers and the potential solutions that could be determined by the vote this upcoming November. Below you will find some of the largest human rights realms that will be affected by the outcome of the midterms.

Voter Issue: Abortion Rights

In the wake of Dobbs v Jackson, the right to elective abortions has become a prioritized and contentious voting issue for the 2022 midterms. Currently, 26 states are likely, planning to, or have already restricted access to elective abortions following Dobbs. The Pew Charitable Trusts used recent data to create the map below:

For the first time in five decades, local and state representatives will now determine whether women and people who can get pregnant in your state will have access to what was considered a nationally protected right under Roe v Wade. Beyond the simple matter of legal access, those elected to your state governments have the ability to further restrict or protect the right to abortion in your state. On the national level, those elected to Congress this November will be voting on policies like the Women’s Health Protection Act; a piece of federal legislature that would protect abortion access nationwide.

While we are still two months away from elections, there are many signals that abortion will be one of the largest voter issues this election season. The very demographic of voter registrations has shifted following the Dobbs decision in June, with a rise in female, young, and Democrat voter registrations nationwide. In Kansas, a state with a long history of voting red (56% of Kansas voters cast their ballots for Donald Trump in 2020), an anti-abortion referendum was struck down by 59% of votes. This is the first time since Dobbs was decided that restrictive abortion legislation was struck down by voters. It was also a clear display of voter participation shifting the partisan norm as a deeply conservative state was met at the polls by voters, impassioned with protecting reproductive rights.

Source: “Vote Earth Tree” by Earth Hour Global is licensed under CC BY-NC-SA 2.0.

Voter Issue: Climate Change

The United Nations passed a resolution in July of 2022 that declares a clean, healthy environment is a universal human right. In addition, the recently passed Inflation Reduction Act plans to tackle both economic and environmental issues by majorly investing in clean energy production and creating jobs in the industry. Unsurprisingly, the Pew Research Center found that energy policy and climate change are two predominant issues voters will consider when casting their votes in November.

Source: Valeriya via Getty Images/iStockphoto

Voter Issue: Healthcare

The right to health is an inclusive right, defined by the United Nations as encompassing accessibility, quality, and availability amongst other qualities. While the aforementioned Inflation Reduction Act plans to lower drug costs for Medicare recipients, America still stands alone as the only developed nation in the world that does not have Universal Healthcare.

With chronic, severe or uncommon conditions, constant full-time employment may be the only way to gain affordable insurance that provides access to vital drugs and treatments. Insulin and Epi-Pens are two life-saving essential drugs that American citizens experience being denied access to because they cannot afford out of pocket costs. A simple ambulance ride can cost upwards of $1,200, an amount many Americans could not pay without incurring debt. With bankruptcy and extreme medical woes being legitimate fears for American citizens without health insurance, it is easy to see why 60% of voters say that healthcare policy is very important to their vote in the midterm elections.

Voter Accessibility And Suppression

Voter suppression, whether passive or active, is a real issue in 2022. It is crucial that we recognize the ways in which voter accessibility is inhibited, especially in the discussion of voter turnout and how that affects who is truly represented in the US Government. Lack of accessibility and excessive voter registration requirements are detrimental to our voter turnout, and contribute to feelings of helplessness and voter apathy.

One of the largest inhibitors of active voters is pure accessibility. The US Justice Department states that, “Title II of the ADA requires state and local governments… ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting”. While some cite mail-in voting as a solution to physically inaccessible polling locations, the DOJ continues to specify that, “Any alternative method of voting must offer voters with disabilities an equally effective opportunity to cast their votes in person,” meaning that simply offering a mail-in vote option is not just insufficient; it is illegal. Despite this, the American Bar Association has found that “persons with disabilities made up one-sixth of eligible voters in the 2016 election, yet only 40 percent of polling places were accessible.” Both persons with disabilities and the older population are greatly impacted by this lack of accessibility.

While accessibility at physical voting locations is a major issue, the voter process begins with voter registration; a procedure that can be incredibly inhibiting. Voter ID requirements are one of the primary obstructions across the board when citizens attempt to register to vote. Burdensome voter identification restrictions are explained as necessary security measures, but their policy outcome is that citizens who are eligible to vote are unable to due to the expensive and time-consuming process necessary to obtain government IDs. While the average percent of eligible voters who lack a government-issued photo ID is roughly 11% per the Brennan Center’s research, that amount is significantly higher amongst minority groups, low-income people (15%), young voters 18-24 (18%) and old voters 64 or above (18%). The highest category though is African-American citizens, who reported a staggering 25% of voting-age citizens without eligible IDs. In a nation with a history of civil rights abuses, institutional racism and voter suppression, modern voter ID laws must be re-evaluated in order to uphold the integrity of the electoral system in America.

Additional voter restriction issues include lack of public transportation to polling sites, deceptive practices, racial and partisan gerrymandering, employers not providing time off, long lines, prolific jailed, previously jailed and ex-felon disenfranchisement. A representative democracy must represent its people, and to do that its people must be able to vote.

Resources:

Please click HERE to register to vote. If you are interested in absentee or mail in voting options, please check out this page where you can speak to an agent if you have any additional questions!
VoteRiders is an amazing nonprofit that helps voters to obtain their necessary documentations, and can help provide rides to the DMV to obtain photo IDs and rides to the polls through their volunteer service! Their organization will also cover any fees necessary in the ID process, so please check them out if their resources would be helpful to you or if you are interested in volunteering with them! You can also reach their help line at 888-338-8743
Rock the Vote provides helpful information on voting in your state, walks you through the registration process and provides helpful reminders for upcoming voter deadlines!
To learn more about voter suppression or to join the fight against voter ID restrictions and voter suppression nationwide, please check out the ACLU and the Brennan Center today!
Find the forecast for your State’s midterm election results here

A Bright Future – Recent Human Rights Victories

In the midst of a pandemic and international unrest, it is vital to stay encouraged and optimistic as we continue our efforts to uphold and protect human rights internationally. That is why we at the Institute for Human Rights at UAB will be using this article to break up the negative news cycle and put a spotlight on a few of the amazing victories and progress the international community has made during the pandemic that you might not have heard about. Though positive human rights news may not always make headlines, it is important to recognize each success, just as it is vital we address each issue.

The UN Declares Access to a Clean Environment is a Universal Human Right – July 2022

Of the 193 states in the United Nations general assembly, 161 voted in favor of a climate resolution that declares that access to a clean, healthy and sustainable environment is a universal human right; one that was not included in the original Universal Declaration of Human Rights in 1948. While the resolution is not legally binding, it is expected that it will hugely impact international human rights law in the future and strengthen international efforts to protect our environment. Climate justice is now synonymous with upholding human rights for the citizens of member-states, and the United Nations goal is that this decision will encourage nations to prioritize environmental programs moving forwards.

Kazakhstan and Papua New Guinea Abolish the Death Penalty- January 2022

Kazakhstan became the 109th country to remove the death penalty for all crimes, a major progress coming less than 20 years after life imprisonment was introduced within the country as an alternative punishment in 2004. In addition to the national abolition, President Kassym-Jomart Tokayev has signed the parliamentary ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Article 6 of the ICCPR declares that “no one shall be arbitrarily deprived of life”, but the Second Optional Protocol takes additional steps to hold countries accountable by banning the death penalty within their nation. Though the ICCPR has been ratified or acceded by 173 states, only 90 have elected to be internationally bound to the Second Optional Protocol (the total abolition of the death penalty), and Kazakhstan is the most recent nation to join the international movement to abolish the death penalty globally.

Papua New Guinea also abolished their capital punishment, attributing the abolishment to the Christian beliefs of their nation and inability to perform executions in a humane way. The 40 people on death row at the time of the abolishment have had their sentences commuted to life in prison without parole. Papua New Guinea is yet to sign or ratify the Second Optional Protocol to the ICCPR, but by eliminating the death penalty nationwide the country has still taken a significant step towards preserving their citizens right to life.

India Repeals Harmful Farm Plan – November 2021

Many of you will remember seeing international headlines of the violent protests following India’s decision to pass three harmful farming laws in 2020. The legislation, passed in the height of the pandemic, left small farmers extremely vulnerable and threatened the entire food chain of India. Among many other protections subject to elimination under the farm laws was the nations Minimum Support Price (MSP), which allowed farmers to sell their crops to government affiliated organizations for what policymakers determined to be the necessary minimum for them to support themselves from the harvest. Without the MSP, a choice few corporations would be able to place purchasing value of these crops at an unreasonably low price that would ruin the already meager profits small farmers glean from the staple crops, and families too far away from wholesalers would be unable to sell their crops at all.

Any threats to small farms in India are a major issue because, according to the Food and Agriculture Organization (FAO) of the United Nations, “Agriculture, with its allied sectors, is the largest source of livelihoods in India”. In addition, the FAO reported 70% of rural households depend on agriculture and 82% of farms in India are considered small; making these laws impact a significant amount of the nation’s population. A year of protests from farmers unions followed that resulted in 600 deaths and international outcries to protect farmers pushed the Indian government to meet with unions and discuss their demands. An enormous human rights victory followed as Prime Minister Narendra Modi announced in November of 2021 that they would rollback the laws, and on November 30 the Indian Parliament passed a bill to cancel the reforms. As the end of 2021 approached, farmers left the capital and returned home for the first time in months, having succeeded at protecting their families and their livelihoods.

Sudan Criminalizes Female Genital Mutilation – May 2020

Making history, Sudan became one of 28 African nations to criminalize female genital mutilation / Circumcision (FGM/C), an extremely dangerous practice that an estimated 200 million woman alive today have undergone. It is a multicultural practice that can be attributed to religion, sexual purity, social acceptance and misinformation about female hygiene that causes an onslaught of complications depending on the type of FGM/C performed and the conditions the operation is performed in. Among the consequences are infections, hemorrhage, chronic and severe pain, complications with childbirth, and immense psychological distress. It also causes many deaths from bleeding out during the operation or severe complications later in life. We have published a detailed article about female genital mutilations, gender inequality and the culture around FGM before, which you can find here.

FGM/C is a prevalent women’s rights issue in Africa, and in Sudan 87% of women between the ages of 14 and 49 have experienced some form of “the cut”. While some Sudanese states have previously passed FGM/C bans, they were ignored by the general population without enforcement from a unified, national legislature. This new ban will target those performing the operations with a punishment of up to three years in jail in the hopes of protecting young women from the health and social risks that come from a cultural norm of genital mutilation and circumcision.

Where do we go from here?

While we have many incredible victories to celebrate today, local and international human rights groups will continue to expose injustices and fight for a safer and more equal future for all people. Our goal at the Institute for Human Rights at UAB is to educate; to inform readers about injustices and how they can get involved, and to celebrate with our incredible community when we have good news to share! While the past year has been marked with incredible hardships, it is always exciting when we have heart-warming international progress to share!

You can find more information about us, including free speaker events and our Social Justice Cafes on our Instagram page @uab_ihr! Share which of these positive stories you found most interesting in our comments, and feel free to DM us with human rights news you would like us to cover!

Barren- Food Deserts and Hunger in America

What Is a Food Desert?

Source: Mike Mozart via Flikr

Currently in America, the neighborhood you were born in can affect your future income, education level, and your ability to consistently access nutritional food. The Food Empowerment Project (FEP) defines food deserts as “geographic areas where residents’ access to affordable, healthy food options (especially fresh fruits and vegetables) is restricted or nonexistent due to the absence of grocery stores within convenient traveling distance”. The USDA has defined two types of food deserts: one that exists in both rural areas more than 10 miles from the nearest store and the second which exists in urban environments, where citizens face daily obstacles in obtaining healthy food due to lack of availability or resources. But, the average conversation about food deserts surrounds zones within American cities where citizens, hindered by lack of access to transportation and restricted budgets, are unable to obtain nutritional food. Food deserts play a critical role in food insecurity in the United States, and they are typically visible in urban areas where the residents are already living in extreme economic hardship.

The Institute of Human Rights at UAB has recently published an article about food deserts in our hometown of Birmingham, Alabama that you can read here– but for readers in other parts of America, I want you to do an exercise with me. Think about your nearest big city, or an urban area you are familiar with. This can be in New York City, Atlanta, Miami, Chicago, or whichever metropolis best applies to you. Visualize the roads you drive, the areas both wealthy and impoverished. Now, think of the few streets within that city where there are almost no Walmarts, Targets, Krogers or Publix chains. In this stretch, there are tons of fast food restaurants, cash bond and payday loan businesses, laundromats and gas stations. There is an abundance of drive throughs and minimarts, but you could drive for a few minutes before you find a grocery store. Can you see that part of your city in your head now? THAT, dear reader, is your local food desert.

Note: The USDA compiled census and other data into an interactive map called the Food Environment Atlas, which allows any user to view rates of food insecurity, diet quality, and food prices in your area or any neighborhood you are curious about. If you struggle to think of a food desert near you, or want to learn about what areas are impacted by food insecurity, I recommend you try out the Food Environment Atlas here.

The Cause:

Food Deserts have typically been attributed to socioeconomic status. One of the main characteristics that defines a food desert is lack of accessibility, which means people living in a certain region have limited resources, be it money, time or transportation to access nutritional, fresh food. Food deserts are most common in low socio-economic areas, where residents are unlikely to own a car or have one that is not always working. Americans living here typically live paycheck-to-paycheck, and require both accessibility and affordability to make ends meet throughout the month. It is currently estimated that one in six Americans still experience food insecurity, and that roughly 19 million people are affected by food deserts or limited access to supermarkets in America. Recent studies by the United States Department of Agriculture confirm the connection between race and food deserts, stating in 2019 that “rates of food insecurity were substantially higher than the national average for single-parent households, and for Black and Hispanic households”.

The conversation surrounding food deserts has shifted to include race in recent years. Originally, the term food desert was coined to represent the socioeconomic disparities that cause some Americans to face food insecurity. Now, organizations like the Natural Resources Defense Council (NRDC) are pushing to recoin the term as food apartheid to accurately represent the way food insecurity affects those of minority race in America. The NRDC explains the term shift, saying that,

“Many groups are now using the term “food apartheid” to correctly highlight the how racist policies shaped these areas and led to limited access to healthy food. Apartheid is a system of institutional racial segregation and discrimination, and these areas are food apartheids because they too are created by racially discriminatory policies. Using the term “apartheid” focuses our examination on the intersectional root causes that created low-income and low food access areas”.

Essentially, it is vital that we recognize how a historical and current racial inequalities act as a cause of both the food deserts and the zones of poverty they’re found in. The historically black areas of segregated cities were underfunded and underdeveloped, plagued by lack of opportunity and equal access, and in some areas across the United States an economic shadow of that segregation still remains.

Their Effect and Why It Matters:

America has incredibly high rates of obesity and nutrition-based health issues in comparison to other developed countries. While there are decades of research connecting poverty and race to higher rates of nutrition-based disease and other health issues in America, science is now beginning to track the specific effects of food deserts on obesity and chronic illness. A corner store or a pocket-sized version of big supermarket chains like a Walmart Neighborhood Market, but if you take the time to walk inside you’ll see the fresh produce section is either neglected or nonexistent. These smaller stores have less room for inventory, their foods are less likely to be fresh produce due to the requirements to keep them fresh, and these foods are often packaged and processed. That means those who depend on these stores are limited to fast food, packaged goods, or other processed and low quality options that can contribute to malnutrition, heart disease, obesity, diabetes and more.

In addition to the effects of food deserts on health, the prices per unit are almost always more expensive than their suburban, chain-grocery counterparts. A person who can afford a Costco membership will almost always spend less on the same food products as a family living paycheck to paycheck or utilizing EBT for groceries. A 1997 USDA study found that “geographic location was the single most important contribution to higher nationwide average prices faced by low-income households”, and that smaller stores charged more per item than supermarkets nationwide. Food scarcity and cost disparities disproportionately affect minorities and those already living in financial insecurity, and each city has a part to play in ending this national crisis of inequality.

Join the movement to end food insecurity in the US:

Ultimately, the end to food desertification requires an effort between elected officials and businesses to make nutritious food affordable and accessible for all people. If you recognized a food desert near you in the imaginative exercise we did earlier, that could be the perfect topic to address with your local lawmakers through emails, calls or petitioning. If you prefer other types of action, there are countless ways to work as individuals to help your community in the meantime. Getting involved in the fight against food insecurity can be as hands-on and involved as you want, from donating non-perishable foods and needed items to local organizations, shelters or food kitchens to establishing a community garden, or everything in between. There are plenty of ways to make a difference at whatever level of involvement works best for you, and I’ve linked some of my favorites below!

A Few Ways to Get Involved:

Click HERE to find your elected officials on the state and local level and how to contact them about the food deserts affecting their voters. You can use your voice to push for changes that directly impact your community in a positive way.
Feeding America is a charity that uses your donations to help the 1 in 8 Americans experiencing hunger now. This link takes you straight to their front page, which features a zip code locator for the closest food bank to you!
Organize or contribute to a local food drive. Many public schools and local businesses run food drives for charities throughout the year, and Rotary International has an awesome guide available for starting your own community food drive HERE. Sharing surplus food is an excellent way to help others while reducing waste as well!
Use this link to find food pantries near you to donate, volunteer, and get involved in your state’s fight against food insecurity.
Find what works for you. Try searching for more ways to get involved that are tailored to your area and preferences…every contribution helps!

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

The Exhibit

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

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

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

The Pieces

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

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

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

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

Untitled by Gilberto Rivera

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

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

Ellapsium: master & Helm by Jared Owens

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

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

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

Peace, Love, Harmony by Susan Lee-Chun

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

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

How To See “Marking Time”

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

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

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

Our Lost Indigenous Women

A protest, with placards displaying the faces and information of missing women — Source: Obert Madondo Via: Flikr/cc

The Problem

Indigenous women face overwhelming rates of violent crime, more than twice the amount of their non-Indigenous counterparts in the United States and 3.5 times in Canada. A 2016 study published by the National Institute of Justice revealed that approximately 84.3% of American Indigenous women have experienced violence against them in their lifetime and 56% of these women would become victims of sexual violence as well. In Canada, only 53% of Indigenous women’s homicides have been solved; drastically less than Canada’s national solve rate of 84%. That statistic becomes even more damning when we take into account that Indigenous females only make up 4% of Canada’s population, yet account for nearly one quarter of all homicide victims in Canada. For decades, Indigenous leaders, tribal governments and human rights organizations alike have called for national reviews in both Canada and the United States into the treatment of cases regarding Indigenous women. A publication from the US Department of Justice states that Indigenous female victims in the United States are far more likely to need services that aid survivors of such violence, but are the least likely group to have access to these services. The majority of Native American women will face physical or sexual violence in their lifetime, and more than a third will be unable to access necessary services after the event due to drastic disparities in access to healthcare and treatment by law enforcement. With each new set of data we have re-confirmed the existence of a plight sweeping through native communities, robbing women within them of their security, safety, and visibility.

Marchers holding a banner that says "No more stolen sisters" — Source: Yahoo Images

Missing and Murdered Indigenous Women (#MMIW)

In recent years, social media pushes have been made to raise attention for what is now known as “Missing and Murdered Indigenous Women”, a simple catchphrase encompassing decades of neglect from all channels that is now spearheading a movement for justice. This hashtag and social media campaign generates hundreds of thousands of interactions and impressions on social media every day, and brings attention to the individual stories of missing indigenous women or families of women lost to homicides that are still unsolved. However, indigenous women rarely get the national media attention that white women experience when they go missing; and when every minute and resource makes an empirical difference in the likelihood of that woman being found alive. A prior article from the Institute of Human Rights speaks specifically about the recent Gabby Petito case, and the disproportionate response of the American public for missing white women in comparison to women of color and indigenous women here. These drastically different responses only amplify the vulnerability of indigenous women.

It is horrific to think about a situation in which no one will come looking for you if you go missing. That nightmare has become an internalized reality in so many indigenous communities, where young women are being raised with impressive levels of advocacy for their missing sisters, but are witnessing first hand how much of a struggle that advocacy is. Social media is beginning to catch up to decades of research that has been waiting for a time like now, where the general public may be ready to listen and push for change. The Murder Accountability Project (MAP) has tirelessly collected data on unsolved homicides in the United States to apply pressure on law enforcement in communities with disproportionately high unsolved homicide rates, and put a spotlight on communities that fail to report important information to federal databases. The Indigenous community is heavily reflected in both of those categories.

A broken chain of command and lack of communication is often cited for why so few of these reported cases are ever investigated, as local, state and federal law enforcement agencies struggle to find a balance of working with native land and sovereign tribes through the reporting process. Many violent crimes against indigenous women occur on sovereign native land, however, 96% of the perpetrators are non-indigenous. This causes major confusion as tribal governments are unable to prosecute non-indigenous persons, and most standard law enforcement agencies have no jurisdiction over any crimes that occur on native land. This complicated mess of jurisdiction and authority confuses law enforcement, tribal governments, and victims alike.

Unfortunately, law enforcement has repeatedly made glaring errors that are impossible to ignore; tribal organizations have found that the United States National Crime Information Center recorded 5,712 reports of missing American Indian and Alaska Native women and girls in 2016, but the US Department of Justice’s federal missing persons database shows that only 116 of those 5,712 cases were never logged. Essentially, this information means that only 2% of all cases of missing indigenous women were properly reported. This cannot be ignored; many families, friends and loved ones are left wondering why our government has forgotten and neglected their sisters, mothers, wives and daughters. While the answer may not always be clear, movements like #MMIW are bringing this conversation to the forefront of politics and media. In order to provide justice for these women, we must demand increased preventative and investigative efforts to protect these women when they need it the most.

An infographic displaying data on missing indigenous women — Source: Reclaiming Power and Place: The Final Report of the National Inquiry into MMIWG VIA: Yahoo Images

Truths of Targeting

The vast majority of homicides of indigenous females go unsolved for years, and even the solved cases display how this systemic neglect has been repeatedly exploited. As determined by the FBI, “vulnerability” is a key factor in a killer’s process of victim selection; a category most indigenous women have been forced into by countless factors beyond their control. Prolific serial killers like Robert Pickton (Canada) and Robert Hansen (United States) specifically targeted indigenous women and sex workers during their killing sprees, and doing so allowed them to murder dozens of women completely undetected by law enforcement for decades. More than half of Pickton’s victims were thought to be aboriginal women, though many were never identified, and Hansen’s victims were often young indigenous women who had turned to survival sex work out of financial desperation. While describing research confirming how killers have manipulated vulnerabilities to their benefit, Co-director of MAP and criminologist Michael Arntfield determined that “Serial killers prey on marginalized populations, and indigenous women make up a disproportionate number in the victim pool”.

Sign stating "You are not forgotten" at a march for missing indigenous women — Source: Pressbooks Open Library Via: Yahoo Images

How to Help

There are many exceptional campaigns, research organizations and nonprofits to get involved that are currently on the forefront of the fight to end violence against indigenous women. If you wish to learn more about the topic, you can explore other Institute of Human Rights articles promoting Indigenous rights here, or click here to find an excellent resource sheet with educational sources and ways to get involved with MMIW. There are countless petitions for reform in both the US and Canada as well; this petition calls for the passing of Savanna’s Act, which will require the Department of Justice to update their missing persons database to better help identify missing and murdered Indigenous women and prevent further discrepancies in reported cases. This petition is a plea to the US Senate, calling for the Violence Against Women Act (VAWA) to be re-authorized and receive greater funding as VAWA increases abilities for tribal nations to prosecute non-native offenders as well as providing resources for responses from law enforcement on all levels when cases of violent crimes or missing women are reported. The Coalition to Stop Violence Against Native Women offers ways to donate, volunteer, attend community training, and other incredible opportunities to get involved in the movement. The Sovereign Bodies Institute utilizes donations to collect culturally-informed research on gender and sexual violence against indigenous peoples.

The only way to protect these women is to take drastic steps towards change. We can no longer ignore, deny or neglect the truths of everything both systemic and societal that has consistently failed the indigenous community, and the women within it. Please research, donate, volunteer, and find a way to become an advocate for the missing and murdered. We can have no more stolen sisters.

Bhutan: Persecution in Paradise

Real Life Shangri-La

Bhutan is often referred to as an idyllic Himalayan nation, a land of peace and prosperity, happiness, and beauty. After visiting Bhutan in 2017, I was even more fascinated, and truly began to understand why the small, neutral country has been dubbed a “real-life Shangri-La”. It is the only nation in the world to measure annual success by Gross National Happiness, rather than Gross Domestic Product. It is also the only country to have a carbon-negative footprint, with extraordinary levels of hydropower and renewable energy production and a zero-tolerance policy for industrial development. Bhutan is rapidly decreasing poverty rates and increasing the middle-class population. Government programs have made education and trade school accessible to most citizens who desire it. Bhutan has managed to remain neutral for hundreds of years with a minimal military presence despite being nestled between two conflicting superpowers, India and China. Citizens of Bhutan enjoy the state’s extensive social welfare programs and are enamored with the royal family that abdicated power to allow a peaceful transition to a democratic system.

In short, the nation seems like a true paradise, where culture and tradition are preserved with love and care, where nature is respected and upheld, and where one can pursue life to the fullest in a land of prosperity and opportunity. When I had the opportunity to travel through Bhutan, I was stunned by the gorgeous landscape, nation, and culture. I was welcomed with clearer air than I thought possible, a colorful landscape filled with trees and prayer flags, and adorable buildings constructed in traditional Bhutanese fashion. The people were so happy, and talked passionately about their country, royal family, and culture. There is a strong sense of nationalistic pride, and from everything Bhutan boasts, it seemed to be entirely deserved. Our guide taught us about local customs, Bhutanese Buddhism, traditional dress and building style, and masterfully escorted us through the most beautiful aspects of Bhutan and its culture.

It was only after leaving that I learned of human rights abuses Bhutan so carefully hides from tourists. Our state-sanctioned tour guide was an instrument in how this flawless reputation has been skillfully crafted, and the execution was so perfect that nothing felt staged while I was there. I enjoyed the country within an intricate veil of ignorance, unaware of the atrocities that no one is allowed to see.

Bhutanese children in traditional attire, leaning over a balcony — Bhutanese children. Source: World Bank Photo Collection

Violations Exposed

Bhutan may appear to be a nation without error, but the country has perpetrated major human rights violations since the 1980s. For four decades, the United Nations, Freedom House and Human Rights Watch have consistently criticized and exposed Bhutan’s human rights violations. The nation is limited by strict libel laws and a culture that is unwilling to speak negatively on the king or his policies. While free speech is protected under Bhutan’s constitution, it is rarely practiced and this self-censorship is coupled with a flawed judicial system that harshly punishes those found to be committing the dangerously broad charge of libel. In 2016, a Bhutanese reporter faced libel fines of up to 10 years salary for critiquing a prominent businessman on Facebook. With penalties like this, it is no wonder that citizens of Bhutan do not dare criticize the crown, even though free speech is allegedly protected. Bhutan has been on a Human Rights Watch list since the 80s due to prolific persecution of ethnic minorities. While Bhutan has received credit for its positive changes since transitioning into a democracy in 2008, they still have a long way to go before they can be considered a free nation.

Bhutanese refugees sitting outside — Bhutanese refugees. Source: Creative Commons

Ethnic Cleansing Pre-Democracy

The horrific treatment of the Lhotshampa people in Bhutan is the most atrocious human rights violation known to be committed by the Bhutanese government. The Lhotshampa people are Bhutanese residents with Nepali ethnic backgrounds, who have lived in Bhutan for generations but still speak a separate dialect and have a differing culture from the majority in Bhutan. In order to understand the current plight of Nepali migrants in Bhutan, we must understand a little bit of the once-neighboring nation, Sikkim. Sikkim was once an established monarchical state with most of its population being of Mongolian/Tibetan descent as Sikkimese, just like the ethnic Bhutanese. However, Sikkim faced a mass migration of ethnic Nepalis (of Hindu and Indo-Aryan descent) that caused the people of Sikkim to become a minority in their own nation. Sikkim fell as an independent state and was annexed by India in the 1950s, and the leaders of Bhutan have used the fall of Sikkim as a fear-inspiring example ever since. It is this nationalism and fear of losing sovereignty to one of the superpower neighbor states that has created such a widely supported systemic oppression of the Lhotshampa people in Bhutan.

Bhutan faced its greatest human rights violations in the 1990s, as strong nationalism and resentment towards the Lhotshampa people came to a boiling point. The refugees crossed the border with tales of an ethnic cleansing occurring in Bhutan, stating they were given mere days to sell their homes and were marched from rural villages to Nepali refugee camps. The government’s forces accompanied the refugees across the border with loaded guns and photographers, and according to a Lhotshampa teen interviewed by the Human Rights Watch, “[They] told me to smile…He wanted to show that I was leaving my country willingly, happily, that I was not forced to leave”. It is estimated that the total number of refugees produced in the 1990s was just above 100,000, which is absolutely astounding when we look at Bhutan’s current national population of 780,000. While Bhutan is often portrayed as a modern “Shangri-La”, the seemingly idyllic Himalayan country created more refugees per capita than any other nation in the world in our recent history. Of those 100,000 refugees, 85% have now been rehoused in the United States.

Bhutanese man with child. Source: Creative Commons

Democratic Safeguards Fail

Despite the nation peacefully transitioning towards a democratic state in 2008, the new government has continued the systematic harassment of the minority group, even increasing certain anti-Lhotshampa policies. While the Lhotshampa are no longer persecuted as openly as they were in the early 1990s, they still face significant discrimination within the nation their families have called home for generations. Out of countless treaties currently in existence to protect and defend human rights, Bhutan has only signed two. Bhutan signed the Convention on the Rights of the Child (CRC) in 1990, and many within the international community argue that Bhutan has violated the convention due to the large population of children within the persecuted Lhotshampa refugees.

Perhaps the most recent evidence proving such discrimination came with Bhutan’s new constitution in 2008, when Lhotshampa people discovered their citizenship was up for debate, and access to passports and documentation became determined by financial, marriage, or literacy status, which is very reminiscent of the second-class citizenship African Americans faced in the United States. Some of the limitations imposed upon Lhotshampas with these targeted passport systems are the inability to travel internationally, which is a blatant violation of both the right to Freedom from Discrimination and the Right to Movement established in the Universal Declaration of Human Rights. One of the brilliantly cruel aspect of the passport stipulations is that while Lhotshampa people may freely leave the country, it is extremely unlikely that they will be allowed to return. For many, a trip to visit neighboring India or Nepal is the termination of calling Bhutan their home. Essentially, the Bhutanese government made it abundantly clear that Lhotshampas are not welcome in Bhutan.

In addition, while there is no clear law preventing Lhotshampas from purchasing property or moving freely within Bhutan itself, it is extremely unlikely in practice that Lhotshampas will be able to secure property or livelihoods outside of specific regions that have become socially designated for them. Bordering nations like Nepal continue to host new refugees fleeing a land many consider to be peaceful, sacred, and free of worldly troubles. Lhotshampas have continued to cross the Nepali border to refugee camps since 2008 purely out of desperation from lack of work or freedoms in Bhutan. Websites like these provide some much needed insight into the current plight of the Lhotshampas, as well as what life is like for those still awaiting rehousing inside of their temporary refugee camps.

Refugees outside of a small hut — Refugees outside of a hut. Source: United Nations

How to Help

In order for change to be made, Bhutan needs continual pushes from the outside world. By spreading the true story of the Lhotshampa people and looking for ways to get involved, you are directly contributing to decades old efforts to ease the horrors they face. Creating action on any level is an excellent way to assist the Lhotshampa people and refugees like them. If you would like to donate or volunteer to assist Lhotshampa refugees, there are countless local and international efforts that will put anything you can give to great use. Reputable non-profits like Sewa USA use funds to provide necessities, transportation and employment help for Bhutanese refugees in the United States, and the World Food Programme uses donations to provide food and resources to Lhotshampas still displaced in refugee camps. Ultimately, resource-based aid is an excellent way to assist those who have been cruelly displaced and discriminated against, but only international pressure for domestic changes within Bhutan will be able to stop the persecution and prevent any more Lhotshampas from becoming refugees.