Category: Activism

The Natural-Humanitarian Disaster of the Turkey-Syria Earthquake

Syria and Turkey have been impacted by one of the deadliest earthquakes that have been seen in the Middle East-North Africa (MENA) region. The death toll has surpassed 20,000 and continues to rise considerably, not accounting for the thousands injured. Some of the areas this earthquake has hit are some of the most vulnerable areas in the world. The conditions in both countries are indescribable; with homes destroyed, hospitals at capacity, and limited supplies, the need for help has become critical. It was noted that due to the destruction of the hospitals, and the lack of staff and supplies, patients have had to receive medical attention on the hospital floors. At this point, any type of aid is scarce in both countries. It is vital that everyone supports in any possible way. At the end of this post, you will find numerous links on how to help, whether through donation, reading, reposting, etc. Anything you can do to help is urged. Pass these resources along to your friends, family, colleagues, etc. The most minor contribution makes the most significant difference.

Rescue workers search for survivors under the rubble following an earthquake in Diyarbakir, Turkey, Feb. 6, 2023. A powerful 7.8 magnitude earthquake rocked areas of Turkey and Syria early that morning, toppling hundreds of buildings and killing more than 2,000 people. (OSV News photo/Sertac Kayar, Reuters)
Source: Yahoo Images

What is Happening?

An earthquake with a magnitude of 7.8 struck early Monday morning at 4:17 AM in the Turkish city of Gaziantep, 150 miles away from the Syrian border. This earthquake led to more than 300 aftershocks that rumbled, with one following the initial earthquake just 9 hours later at 1:25 PM and carrying a magnitude of 7.5. Earthquakes are measured using a magnitude scale ranging from 2.5 or less to 8.0 or greater. The Turkey-Syria earthquake reached a magnitude of 7.8 following a shock of 7.5. Meaning this was a significant earthquake that yields severe and destructive damage. This has been one of the worst earthquakes to hit the region since the early 1900s. Along with the destruction of this horrific disaster, the regions are currently facing a winter storm. The temperatures in both Turkey and Syria have dropped tremendously to below 21 degrees Fahrenheit. Rescuers have noted that the weather conditions are so bad that those trapped under the rubble have been found frozen to death.

Map showing the border regions in Turkey and Syria, locating the areas most affected by the 7.8 magnitude earthquake and its aftershock on February 6 - AFP / AFP
Source: Yahoo Images

Who is Sending Aid?

Two days have passed since the initial disaster, and the death toll continues to rise. Turkey currently has tens of thousands of rescue teams and aid personnel helping to search for survivors. More than 24 countries have sent aid, help, or rescue teams to Turkey to rescue as many people as possible. With the window closing for the survival of the many lives still stuck under the rubble, the rescue teams are still not losing hope and asking for aid and help. With all the help being given to Turkey, there is an absence found in Syria. Many political and logistical issues hinder aid from being given to Syrians. Since the Syrian Civil War, many countries, such as the EU and USA, have posed sanctions on Syria, and many border points are blocked. At this time, many are urging the sanctions to be removed as it hinders aid to Syria. In times of crisis, we can look to our governments for help, but that is not the case for the Syrian people, which is why it is so critical and necessary to support any in any way you can. Syria is still undergoing and recovering from a Civil War that has been happening for the last 10 years. Many Syrians have been displaced and have become refugees, most residing in Turkey, making the country the world’s biggest refugee host country, with over 3 million Syrian refugees living there. El-Mostafa Benlamlih, UN Resident and Humanitarian coordination for Syria stated: “Sadly, needs are rising rapidly in Syria, and not everyone who requires assistance is visible. Over 75% of all sub-districts in the country are classified as being under severe, extreme, or catastrophic conditions…We must act quickly to ensure more communities do not slide into an inescapable loop of deprivation and negative coping mechanisms.” The areas of Syria affected are some of the worst. Millions of individuals were already displaced in the northwest portion of the country house. With aid in Syria already being scarce, there are many worries and urgencies surrounding the need for humanitarian care.

Aid Personnel and Search and Rescue looking through rubble.
Source: Yahoo Images

Recommendations:

It is urgent that you can do anything you can to help. Whether that is donating $1, reposting a donation link, or just speaking about it. The current condition these people are living in is unimaginable, so it is vital to help in any possible way. A Syrian journalist has spoken about his experience and current grief. Mohammad Haj Bakri lost multiple family members due to this national disaster. His brother and his three children, his sister and her son, all died under the rubble of collapsed buildings. Although there is international support and awareness for those affected by the earthquakes, I urge you to support them still as much as possible. The aid given to these survivors will be for the current time and post-quake. Below are links to donation sites, articles on how to help, and additional links with information on the conditions.

“How to Help Victims of the Earthquake” New York Times Article by Ben Shpigel:

  • This article showcases which donation links to use; check out Charity Navigator and GuideStar to ensure that the non-profits you donate to are reliable.

“’It was like Judgment Day’: Syrians in Turkey Recount Earthquake Horror” The New Arab Article by Adnan Abdul Razzaq.

  • This article exemplifies the urgency of supporting the people of this horrific disaster. This piece explains the stories of those who went through the earthquake, had family members present or had their loved ones die.

The White Helmets:

  • A humanitarian aid organization that operates in the rebel-controlled areas of Syria, also known as Syria’s Civil Defense. They are the leading group for helping victims and displaced persons throughout the Syrian Civil war. You can find the link to donate here.

There are countless humanitarian groups accepting donations for those affected by the earthquake. For more resources, check out the links below:

Red Cross/Red Crescent Teams

Doctors Without Borders

USA Today

CNN

A Succinct Discussion on Global Poverty

 

small houses
(source: yahoo images)

Everyone has heard of global poverty and its horrendous consequences; however, for some people, that is where their knowledge ends. In this blog, I am going to undertake the task of succinctly compiling facts and statistics about this incredibly broad topic. My hope is that, after reading this blog, you are more inclined to speak out on global poverty and educate others on the topic. 

A Rudimentary Understanding

a desert overview
(source: yahoo images)

Global poverty is an umbrella term for poverty that exists throughout the entire world. That was the easy part: defining global poverty. However, defining poverty is a tad bit more tricky. We can surely say that poverty is a status: the status given to those whose annual income falls under a bar; however, poverty is more than just low annual income. 

The United Nations, in particular, has defined poverty as, “a denial of choices and opportunities, a violation of human dignity. It means a lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness, and exclusion of individuals, households, and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.”

In addition, when discussing poverty, there is a distinction between relative deprivation and absolute deprivation. Relative deprivation is a function of inequality and can be defined as “the lack of resources (e.g. money, rights, social equality) necessary to maintain the quality of life considered typical within a given socioeconomic group.”

Absolute deprivation, on the other hand, is when one’s income falls below a level where they are unable to maintain food and shelter. Studies have shown that relative deprivation, or the inability to live up to the basic standards of living set forth within a particular community of reference, can be just as harmful to health outcomes as absolute deprivation. For example, research suggests that diabetes – a disease associated with modernization – is not a function of poverty, as the poorest countries show the lowest incidence among the global population. It is in nations that exhibit increasing political-economic and social inequality, including the United States, that diabetes has emerged as a leading cause of death and a serious public health threat.

Therefore, it should go without saying that our goal should be to diminish all forms of deprivation globally.

Statistics and Facts

a desert view of a tree
(source: yahoo images)

Personally, what I find most disturbing about global poverty is its breadth. Grounding this point is the fact that, according to the World Bank and WorldVision, “About 9.2% of the world, or 689 million people, live in extreme poverty on less than $1.90 a day.”

Practically one in ten people within the world are living in poverty.

To better understand the magnitude of this issue, imagine the following scenario: you live in this fantasy world where, in an effort to promote international toleration and cooperation, 30 children from all around the world get arbitrarily placed together into a classroom. Out of those 30 children, three of them would be living on less than $2 a day. If you are reading this blog, then you naturally have access to some sort of electric device. Those three children, in a year, will not have accumulated enough money to purchase your device. 

A logical question that might follow from the preceding scenario is that it is wrong of me to solely include children in made-up scenarios because adults, after all, also live in poverty.  While that is undeniably true, they by no means make up the majority. Over two-thirds of those living in poverty are children. Of those children, women represent the majority. 

Let us quickly look at local poverty—specifically, poverty within the United States. In the United States, as of 2019, around 10.5% of people live in poverty. The poverty line in the United States is around $13,000, and thus, each person living in poverty makes around $35 a day. Let us make note that these statistics are from 2019, meaning they are pre-pandemic. In 2020, the percentage of people living in poverty went up by one point to 11.4%. Ostensibly, that raise seems miniscule; however, it accounts for 3 million new  Americans who entered poverty, also now making less than $35 a day. 

All poverty is bad: that is undisputed. However, one who lives in America might confuse American poverty with global poverty as it might be what they encounter daily.  This presents a problem because this cannot be done as they are by no means the same. Those in poverty in America statistically make ten times more a day than those living in poverty abroad. That is a big difference; we can not equate the two.

Education

a view of UNESCO
(source: yahoo images)

Education is a human right; that is undeniable. Every human who walks this Earth has the right to get an education and develop individually. However, living in poverty makes education incredibly difficult. 

One study has found that, of those who live in poverty and are over the age of 15, 70% have only a basic education with no formal schooling. That means that if you are born into poverty and have no way of elevating out of this status, then, statistically, you are unlikely to get an education. This is an immense issue due to the fact that, according to UNESCO, education is the key to climbing out of poverty. In fact, UNESCO stated that, “if all students in low-income countries had just basic reading skills (nothing else), an estimated 171 million people could escape extreme poverty. If all adults completed secondary education, we could cut the global poverty rate by more than half.”

The dilemma is that the path out of poverty is through education; however, living in poverty makes education harder to achieve. 

However, in the past years, steps have been made in the correct direction, and education rates have indeed increased. A rise in education is beneficial to not just those living in poverty, but the nations they live in as well. In fact, a study published by Stanford University and Munich’s Ludwig Maximilian University shows that, between 1975 and 2000, 75% of the increase in a nation’s gross domestic product (GDP) can be attributed to the increase of math and science skills amongst the population. 

Therefore, education not only improves the lives of those in poverty, but also the well-being and economy of the nation and its people. It is for those reasons, amongst many more, that education is, and should forever remain, a human right.

Impacts

a picture of trees
(source: yahoo images)

In addition to the lack of education, those living in poverty face a multitude of other negatives. For one, a study found that adults living in poverty are at a “higher risk of adverse health effects from obesity, smoking, substance use, and chronic stress. [IN ADDITION], older adults with lower incomes experience higher rates of disability and mortality.”

In addition, this same study found that those living in the top 1% generally have a life expectancy 10 years greater than those living in poverty. Moreover, one study found that, for children and adolescents, poverty can also cause differences in structural and functional brain development, which impacts “cognitive processes that are critical for learning, communication, and academic achievement, including social emotional processing, memory, language, and executive functioning.”

Therefore, with the aforementioned facts in mind, it is easily concluded that poverty is an immense issue, and political leaders should be doing more to help relieve the issue. 

So, naturally, one might ask: why is nothing being done? One response to this question comes from the World Systems Theory. This theory is complex, so I will try my best to briefly discuss it. The theory states that all nations are divided into three systems: the core, the periphery, and the semi-periphery. Essentially, the theory states that the core nations, which are the most politically and economically powerful, use the periphery and semi-periphery nations, which are filled with developing nations, for cheap labor and resources. The core rewards the periphery for their resources and labor, but not enough that the nations develop at such a pace that they become equal to the core nations. This in turn causes a dilemma in which the periphery depend more on the core than vice versa. Some might argue that this in turn perpetuates global poverty as the core nations are doing the least to help developing nations. In other words, the rich get richer and the poor get poorer, thus exacerbating both absolute and relative forms of deprivation and sustaining the cycle of poverty.

Moving Forward

a view of the road
(source: yahoo images)

As mentioned previously, global poverty has indeed been decreasing. According to WorldVision, “Since 1990, more than 1.2 billion people have risen out of extreme poverty. Now, 9.2% of the world survives on less than $1.90 a day, compared to nearly 36% in 1990.” 

We are still heading down this path of poverty reduction, and it is vital that we continue to do so. Perhaps, one day, we will live in a world free of poverty—a world in which every single person is educated, well-nourished, and does not have to fear starvation. It is my hope that after you finish reading this blog, you will share any knowledge and statistics you may have learned with others. The first step in resolving  an issue–and continuing to resolve it—is acknowledgement. If more people are aware of how detrimental poverty is, more people will in turn be inclined to help fix it. We need more support and commitment to a world in which poverty is mere history. 

Attack on Gender-Affirming Healthcare in Texas

After decades of systemic and societal discrimination, an array of hope burst through the clouds of despair for transgender individuals. Recently, greater acceptance of transgender individuals in modern culture has opened doors to accessible and evidence-based transgender healthcare. Budding healthcare infrastructure has helped transgender individuals transition and care for their changing bodies providing relief for the marginalized community. Healthcare professionals and teams of scientists worked for decades through societal judgement and the subsequent roadblocks to ensure that the transgender community had an improved chance at a healthy life as non-transgender individuals. However, increasing vitriol exacerbated by politicians has tightened restrictions for gender affirming healthcare across the United States. 

Cube beads spelling the word “transgender”; Source: Unsplash

Introduction

In February 2022, Texas Governor Greg Abbott and Attorney General Ken Paxton released a directive stating that gender transition therapies including hormone therapies, puberty blockers, or surgery given to minors can be investigated as child abuse and given criminal penalties. Officials, teachers, parents, nurses, and anyone involved in direct contact with children were required to report suspicions of such therapies, framing the act more as concern for children’s safety and innocence. Anyone found supporting or prescribing such treatment, including parents or healthcare providers, would be subject to child abuse investigations by the Texas Department of Family and Protective Services. The agency was instructed to prioritize cases in which parents who provide their transgender children with gender-affirming care above all other child abuse cases. Strangely, the caseworkers were told to investigate regardless of whether the standard of sufficient evidence was met and to not record their investigation in writing. 

Days after the directive was announced, the Texas Department of Protective and Family Services launched an investigation into a federal employee, a mother of a transgender daughter, after she inquired when the directive would be made effective. A federal judge blocked the investigation only 2 days later. In the immediate weeks following the directive‘s release, at least nine families were already facing child abuse investigations for supporting their transgender children in obtaining gender-affirming care. This past spring, the clouds in an otherwise tranquil sky began to blot out blossoming hope as intimidated healthcare providers canceled hormone prescriptions and the few existing transgender youth treatment facilities closed. Families clamored to find alternative sources of hormones and puberty blockers for their children. Some became afraid to claim the transgender label, many moved out of the state, and hundreds more were at home, fighting for their right to exist as their gender identity and as themselves.  

Image of protest with posters listing "Transgender Healthcare"
Image of protest with posters listing “Transgender Healthcare”

Medical Evidence 

In a statement to the Texas Tribune, U.S. Surgeon General stated that this directive interferes with the physician-patient relationship which has no place for religion, beliefs, or politics. Abbott’s directive and Paxton’s following opinion sparked intense backlash from the medical community for blatantly ignoring decades worth of research supporting early transitional care.  

When children first learn that they are transgender, they face a physical and mental health disorder known as gender dysphoria. Gender dysphoria is a condition where individuals experience severe dissonance between the gender they identify as and the physical manifestations of their biological gender. Depression, anxiety, and suicidal thoughts often follow this sense of “not self” that plagues many adolescents as they begin to come out to the world with their new name and pronouns. To significantly improve the outcomes of transgender individuals, all major medical organizations including the American Academy of Pediatrics, American College of Physicians, and American Psychiatric Association support gender transition as an effective therapy. Transitioning includes gender-affirming hormonal therapy and puberty blockers. Hormonal therapy begins and allows for a smoother transition into the opposite gender while puberty blockers suppress the body’s natural maturation process to increase the amount of time children and their bodies have to transition into a new gender. In the meantime, individuals receive mental health support and preparation for a successful transition and in unfortunate cases, wait for legislation to increase access to gender affirming treatments.  

Overhead view of medications and hormone therapy. Source: Unsplash

The most prevalent medical reason for opposing gender transition is the possibility that a transgender individual will have regrets, because what is done cannot be undone easily. Although it is a valid concern, puberty blockers exist for children and individuals who are uncertain about their gender, because they provide ample time for the individual to choose not to change genders, if that is later realized. In addition, regrets are “extremely rare” and can be attributed to adverse social climates more than personal attitude. Proper mental health support and preparation are also important for a successful gender transition to recognize behavioral changes and tackle the paradoxical shared sentiment that transgender people are no longer welcome in conservative society.  

Alabama and Florida Response

Governor Abbott’s attempt to restore conservative values in Texas is not a new phenomenon. Texas has seen several bills criminalizing medical care for transgender children which is reflective of a broader trend across the United States. In the past year alone, 21 states drafted bills to deny transgender medical care. Arkansas passed a bill making it illegal to prescribe puberty blockers and for insurance companies to cover transgender care. Other conservative states, such as Alabama, have taken Abbott’s directive as a green light and are preparing legislation to discourage transgender healthcare and marginalize the LGBTQ+ within their borders. Taking a slightly different approach, Governor DeSantis of Florida introduced what is commonly referred to as the “Don’t Say Gay” Bill (House Bill 1557). Also known as the Florida Parental Rights in Education Act, the bill was signed into law and passed by the Florida Senate in March 2022. This bill would effectively prevent gender identity and sexual orientation education in classroom discussion in Florida. Experts worry that the vague descriptions in the law indicate that it be used it to suppress all actions that remotely fall under the literal definition of sex and gender, leading to a dangerous slippery slope that may open a dark path of minority discrimination. 

Black and white image of a protest with the phrase "No Body Is Illegal" centered.
Black and white image of a protest with the phrase “No Body Is Illegal” centered.

On April 8th 2022, Alabama Governor Kay Ivey signed into law two bills preventing medical professionals from providing gender-affirming care and forcing individuals to use the restroom of their biological gender. In an unprecedented move, the Vulnerable Child Compassion and Protection Act makes arranging gender-affirming treatment including puberty blockers, cross-sex hormones, and surgery for children under 19 a felony with a possible sentence of up to 10 years in prison if convicted. The second bill is culturally similar to Florida’s “Don’t Say Gay” Bill. This bill prohibits teaching or using words related to “sex” and “gender.” 

Current Status

A lawsuit filed by families of transgender children weeks after Abbot’s directive was announced resulted in an injunction from federal courts. Abbott vs Doe reached the Supreme Court in May 2022 during which the court ruled that Abbott had no authority to control child welfare officers and direct them to investigate providing transgender healthcare. The country released a sigh of relief, but the fight is not over. Stopping Abbot’s directive seems more akin to a pause on the right’s crusade against the transgender community than a stop.

Recent reports from The Washington Post also suggest that Attorney General Paxton attempted to collect gender marker changes and other transgender identifying information on driver’s licenses from the Texas Department of Public Safety in early 2022. Human Rights Campaign reports that Paxton’s office requested the names and license plates of these individuals later in the inquiry, as well. This news comes as a new shackle for transgender Texans. Some have changed back their gender identity on their licenses to the way it was prior. If not, police or other government officials would know of their transgender identity with the search of their name during traffic stops or unrelated incidents which could lead to dangerous discrimination.  

To support the fight for transgender safety in Texas, support politicians and lawmakers who oppose legislation limiting transgender healthcare. Advocate for the reopening of the University of Texas’s youth transgender clinic, the only one of its kind in the southwestern United States, that closed last November. People in Texas and across borders can also donate Lambda Legal and the American Civil Liberties Union (ACLU) which are organizations working to keep the injunction in place on Governor Abbott’s directive after AG Paxton filed an appeal against the federal court decision. They, in conjunction with the Transgender Education Network of Texas and Equality Texas have also assembled the LGBTQIA+ Student Rights Toolkit which is a set of explanations and guidelines to understand Texas’s current plight as well as additional resources such as TX Trans Kids.  

Remembering Rev. Dr. Martin Luther King, Jr. as we Celebrate Human Rights Day

by Chadra Pittman

“An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.”   Dr. Martin Luther King, Jr                                            
photo of MLK making a speech
Source: Yahoo Images

On this day, January 16, 2023, we remember a man known as the champion of human rights, Civil Rights Leader, Dr. Martin Luther King, Jr., who would have been 94 years old had he lived. As the leader of the Civil Rights Movement, Dr. King dedicated his life to advocating against racial discrimination and injustice. Through multiple death threats, the bombings of his family home, enduring physical attacks and being stabbed, until his assassination on April 4, 1968; Dr. King remained committed to the principle of non-violence. He was only 39 years old when he was killed.

Dr. King believed in the universality of human rights for all and acknowledged that, “Injustice anywhere is a threat to justice everywhere.”  What better way to begin a blog about “Human Rights Day” and the “Universal Declaration of Human Rights”, than on the day we commemorate the birth of a man who used his voice, and ultimately risked his life in pursuit of equal rights for all of humanity,

The UDHR document
Source: United Nations

Seventy-five years ago, the United Nations adopted the Universal Declaration of Human Rights on December 10, 1948, at a General Assembly meeting in Paris. The UDHR was created to formalize a global standard for human rights across the world. Annually, on December 10th, a day which commemorates the passing of the UDHR, the UN acknowledges this day as Human Rights Day.

What is the Universal Declaration of Human Rights?

In less than half a century, the Universal Declaration of Human Rights (UDHR) has come to be regarded as possibly the single most important document created in the twentieth century and as the accepted world standard for human rights. Referred to as a milestone document in the history of human rights, the UDHR is a collaborative effort of experts from the legal and cultural fields from around the world. The goal was to create a document which rights would be acknowledged globally and would serve as protection for all people living within any nation across the world. 

As the most translated document in the world, the UDHR is available in 500 languages, which speaks to the efforts made to ensure that all humans across the world are aware of their human rights, can access them in their native language and know that those rights are acknowledged by the United Nations and the world. It was Former First Lady of the United States, Eleanor Rooselvelt, who served as Chair of the Human Rights Commission (HRC),  who advocated for the declaration to be “…written in clear accessible language so that it might be readily embraced by peoples of the world. She exerted similar pressure on the U.S. State Department, arguing that for the declaration to have any impact it must not be seen as an American or western dominated document.” She also recognized that the U.S. would receive criticism for advocating for human rights across the globe, when the racist policies of Jim Crow were plaguing the lives of African Americans within the United States.  Even so, the Commission forged onward and the UDHR was born.

UN Poster that reads "Stand Up for Human Rights"
Source: United Nations

Timeline for the Universal Declaration of Human Rights

On April 25, 1945, on the heels of World War II, representatives from fifty nations met to “organize the United Nations” in San Francisco, California. On June 26, the representatives adopted the United Nations Charter, Article 68. The purpose of this article was for the General Assembly  to “set up commissions in economic and social fields and for the promotion of human rights.” 

In December 1945, Former First Lady Eleanor Roosevelt was appointed by then President Harry S. Truman to the United States delegation to the United Nations. UN Secretary-General Trygve Lie, appointed Roosevelt to the commission and with the task of creating the formal Human Rights Commission (HRC).

In February 1946, a “nuclear” commission on human rights was created by the United Nations Economic and Social Council (ECOSOC) and its job was to recommend a “structure and mission for the permanent Human Rights Commission (HRC)”.  

In April 1946, Roosevelt was nominated to be the chair of the HRC. The ECOSOC gave the HRC three tasks to complete: “a draft International Declaration, a draft covenant, and provisions for the implementation.” 

On December 10, 1948, after convening with “representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris (General Assembly resolution 217 A). 

photosearch/Getty Images
photosearch/Getty Imagesj

Roosevelt led the way to ensure that the declaration was inclusive and advocated that when considering human rights that the State Department make sure that, “it must not be seen as an American or western dominated document… advocating that they “…expand its concept of human rights from a concept of merely political and civil rights to include economic, social, and cultural rights.” 

What are the Human Rights Concerns of 2022?

One might think, we have come far in our efforts to afford equitable attainment of human rights to all people across the world. While we, collectively have made strides, we still have a long way to go to free the world of human rights violations. According to the Institute for Human Rights and Business, listed below are the top 10 human rights issues in 2022.

  • Redesigning supply chain
  • Personal Data Tracking & Tracing
  • Stranded at Sea
  • Wage Abuse
  • Office and Work Place
  • Forced Labor
  • Climate Change
  • Racial Matters
  • Standards Fragmentation
  • Transition Finance

These issues are reflective of the ongoing and unprecedented impact of COVID-19.

On December 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights will be celebrated. However, on Human Rights Day, December 10, 2022, the United Nations will launch a year-long campaign to showcase the UDHR by focusing on its legacy, relevance and activism.” The 2022 slogan is “Dignity, Freedom, and Justice for All.”

How to Participate in Human Rights Day on December 10th and beyond

Your college experience is full of opportunities to grow and learn, academically, socially and even politically. You will meet people from varying backgrounds and having lived experiences which may be foreign, pun intended, to you. So on Human Rights Day, what can you do to support the initiative? Well, the college interns at the United Nations Association, came up with 10 Ways to support Human Rights Day. Hopefully, you will be inspired to do one.  

1. Pass a student government resolution: Work with a member of your student government or student council to pass a resolution in honor of Human Rights Day.

2. Write an op-ed or article in your school’s newspaper: School newspapers can be a great place to talk about the importance of human rights around the world.

3. Stage a public reading: Set up a microphone in your student center or, if the weather’s right, outside and read the Universal Declaration of Human Rights in full.

4. Set up a free expression wall: Set up a blank wall or giant piece of paper and encourage your friends to write about what human rights mean to them.

5. Make a viral video about human rights day: Film your UNA chapter kicking it Gangnam style to celebrate human rights and put the video online: it’ll go viral in a matter of minutes.

6. Start a Facebook campaign: Encourage your friends to change their profile pictures to an individualized Human Rights Day banner.

7. Hand out t-shirts and other gear: If you have the funds, buy t-shirts, sunglasses, or even 90’s-style sweatbands featuring a slogan about human rights to give to your classmates.

8. Coordinate an extra-credit lecture: Work with professors in the history department, the law school, or the international relations program to host a lecture about human rights, and work with other professors in the department to get attendees extra credit—trust us, your friends will thank you.

9. Hold a candlelight vigil or other commemorative event: While it’s important to have fun, human rights are serious business. Consider holding a vigil or other event to commemorate those who have suffered human rights abuses and those whose human rights are still violated.

10. Hold a talent show, dance, or party: Big social events are a great way to bring awareness to an issue, so why not have a human rights-themed party? Free admission if you dress up like Eleanor Roosevelt or Ban Ki-Moon. Also, here are two organizations you can support: Free and Equal and He for She.

Former President of South Africa, Nelson Mandela once said that, “To deny people their human rights is to deny their very humanity.” For the past 75 years, the UDHR has existed to ensure that our human rights are not violated, and if they are that there is accountability on a global stage.  We all deserve the right to live freely and uninhibited, the freedom to love who we want and practice the religion of our choice. We must work together as a humanity to ensure that protecting our human rights continues to be a priority. 

For Dr. King, protecting, and advocating for human rights and speaking out against injustice was his priority. On August 28, 1963, officially called the March on Washington for Jobs and Freedom… some 250,000 people gathered at the Lincoln Memorial, and more than 3,000 members of the press covered the event. On that historic day, Dr. King said, “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident, that all men are created equal.” 

Let us work together to transform his dream into reality. Beyond this nation of the United States, let us work collectively to ensure equal and equitable rights for ALL women, men, and gender nonbinary humans.  Protecting human rights was a priority for Dr. King. On November 3, 1967, just a few miles away from this campus of UAB, Dr, King wrote his infamous ‘Letter from a Birmingham Jail” to the Clergymen.

Martin_Luther_King_Jr_in_Jefferson_County_Jail_Birmingham_Alabama_November_3_1967

Martin Luther King Jr. in Jefferson County Jail, Birmingham, Alabama, November 3, 1967 Fair use image“While confined here in the Birmingham jail, I came across your recent statement calling my present activities “unwise and untimely… I am in Birmingham because injustice is here…  Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

Dr. King reminds us that “The time is always right to do what is right” and that we as a humanity must ensure that the single garment of destiny is threaded with equal rights for all humans for this is the only true way forward. In the spirit of Dr. King, we must work to ensure that the rights of ALL humans are acknowledged, respected and protected by law, and not just on Human Rights Day, but every day, and everywhere across the globe.

 

The Pinochet Precedent: Convicting Human Rights Violators

On October 16th, 1998, darkness set as police approached the London Bridge Hospital. They were there to arrest the former dictator General Augusto Pinochet. That Friday night, Pinochet was detained after receiving minor back surgery, the first former head of state to be arrested on a diplomatic passport in the UK. Suddenly, the immunity generally granted to persons of government had been contested, and the exiles and victims of Pinochet took a step toward justice. 

Pinochet’s human rights violations

On September 11th, 1973, bombs were dropped on the presidential palace in Santiago, Chile. This was the first day in what was to be a bloody reign by the dictator General Augusto Pinochet. Overnight, the democratically elected socialist government was replaced with a repressive regime predicated on fear, oppression, and violence. 

Previously, Chile had held the position as the longest-living democracy and most politically stable nation in Latin America. However, in the wake of the 1973 coup, Pinochet’s junta began a crusade to solidify power: constitutional guarantees were suspended, Congress was disbanded, and a country-wide state of siege was declared. 

According to decades-long documentation by Amnesty International, “torture was systematic; ‘disappearance’ became a state policy.” These gross human rights violations were perpetrated by the Dirección de Inteligencia Nacional (DINA), the secret military police created to target the real and imagined opponents of the authoritarian regime. 

On June 1974, a year after the bloody seizure of power, Article 1 of Decree-Law 521 established DINA as a “military organization of a professional technical nature, directly dependent upon the Government junta, and whose mission will be that of gathering all information at the national level coming from the different fields of activity, with the purpose of producing the intelligence which is required for the formulation of policies, planning and for the adoption of measures that seek to protect the national security and the development of the country.”

In the immediate days following the coup, hundreds of people were detained and taken to two sports stadiums in Santiago. Thousands of social activists, teachers, lawyers, trade unionists, students, and political activists became targets and prisoners of secret detention centers across the country. 

Flowers resting atop white marble covered with names and dates.
Figure 1: Source: Reuters found on Yahoo Images; Roses laying on top of a memorial for disappeared persons in a general cemetery, Santiago, Chile.

These detention centers, and also labor camps, existed under the entirety of Pinochet’s reign. Villa Grimaldi was one of many of these camps used for interrogation and torture. It is estimated that 4,500 prisoners were abused at this site alone, the most common forms of torture including electroshock, waterboarding, forcing heads into excrement, rape, and death. 

According to Amnesty International, the number of officially recognized disappeared or killed is 3,000 people between 1973 and 1990 and the survivors of political imprisonment and torture is around 40,000 people. To this day, 1,100 people remain missing and only 104 have been found. 

International approaches to convict human rights violations

International law is a relatively new field. Born out of the horrors of World War Two, the United Nations is the multinational body that mediates the rules and creates the international dialogue on human rights. On December 10th, 1948, the UN passed the Universal Declaration of Human Rights comprised of 30 articles that outline the fundamental principles of human rights. Since then, the UN has written more specific conventions and treaties to expound further on the rights of: 

  • Women
  • Refugees
  • People with disabilities 
  • Children 
  • Indigenous peoples 

And even civil and political, economic, social, and cultural rights. 

When it comes to the implementation of these conventions, there are very divergent paths in the realization of human rights. Opinio juris expresses that a norm about behavior exists but is not consistently followed. In opposition, jus cogens refer to laws and norms in which no derogation is permitted, this includes crimes against humanity (torture, war crimes, apartheid, systematic and widespread violence) and genocide. 

A drawn image of a person with bound wrists, a gun, and wrists in chains.
Figure 2: Source: Open Society Justice Initiative from Yahoo Images; Depictions of crimes against humanity.

It is the principle of jus cogens that gives rise to universal jurisdiction. Universal jurisdiction refers to the duty that all states have to prosecute individuals who commit crimes against humanity, whether domestically or by other states when the nation where the crime occurred is unwilling or unable to indict violators. It was universal jurisdiction that was key in establishing accountability during the Nuremberg Trials following the holocaust. 

Fifty years later, this principle was used to arrest Pinochet for his systematic use of torture and crimes against humanity in Chile. 

An end to amnesty 

After democracy was restored in Chile, Pinochet lost the presidential election, but not before creating a legal structure to protect himself and his accomplices. In 1978, Pinochet passed an Amnesty Law to protect military personnel who committed human rights violations. Additionally, Pinochet remained commander-in-chief of the Chilean Armed Forces after losing his presidential position and was appointed a senator for life. It appeared, to Pinochet and his victims, that he would remain outside of a courtroom. 

A black and white image of a group of women holding pictures of people with “Donde estan?”
Figure 3: Source: Wikimedia Commons found on Yahoo Images, Kena Lorenzini; Chilean mothers of disappeared holding signs of their loved ones.

Instead, victims were not deterred from bringing awareness to the crimes of Pinochet. Lawyers representing victims of Pinochet’s repressive regime decided to file complaints in Spain where the principle of universal jurisdiction was enshrined in their legislation. Joan Garcés, a Spanish lawyer, had begun filing for Pinochet’s arrest in 1996, and when it was known that the former dictator would be traveling to the UK, the moment to act became apparent. On October 15th, 1998, Garcés’ team filed a motion for Pinochet’s arrest which was granted. An Interpol red notice was issued, which is a formal international request to locate and arrest persons pending extradition, and a day later Pinochet was detained. 

Pinochet twice petitioned the House of the Lords to dismiss his arrest claiming immunity on the basis of being a former head of state. Both of these requests were denied as the House of Lords affirmed that former heads of state did enjoy immunity for acts committed as functions of a head of state, international crimes such as torture and crimes against humanity were not such functions. Ultimately, in March 2000 Pinochet was released and returned to Chile on medical grounds after tests found him mentally unfit to stand trial. 

However, in the wake of Pinochet’s arrest, Chile’s political and legal landscape had transformed allowing more space for the voices of victims and a sweep of new legal interpretations. The Supreme Court had found the Amnesty Laws only applied prior to 1978 when the state of siege was declared over, additionally, they stated that amnesty could only be granted after an investigation. Moreover, in the cases of disappeared persons, this act constituted an ongoing aggravated kidnapping meaning these cases went beyond the 1978 cut-off. 

Chilean Judge Juan Guzmán asked the courts to strip Pinochet of his immunity and the courts agreed, indicting Pinochet and placing him under house arrest. 

Unfortunately, Pinochet never stood for trial, but his military officers did. 

The indictment of Pinochet and new interpretations of the 1978 Amnesty Laws paved the way for other human rights violators to be prosecuted in Chile. By July 2003, 300 military officers had been indicted and dozens convicted, mostly surrounding cases of enforced disappearances. In 2017, 106 ex-agents of DINA were charged with kidnapping and killing 16 people in “Operation Colombo” during the early years of Pinochet’s dictatorship. Many were already serving times for other cases and were sentenced to between 541 days to 20 years in jail, while the state was ordered to pay around $7.5 million (5 billion Chilean pesos) to the families of the deceased. 

Photo from behind a person in front of a wall of pictures of people.
Figure 4: Source: Wikimedia Common found on Yahoo Images, Carlos Texidor Cadenas; An exhibit of images of victims of the Pinochet dictatorship at the Museo de la Memoria y Los Derechos Humanos, Santiago, Chile.

Justice is not only a conviction of a crime. While it is vital to convict human rights violators, it can be extremely challenging, but the arrest of Pinochet has laid the foundation for other dictators to stand trial. Of equal note, this case transformed how victims were seen and heard in Chile, offering justice through legal means when possible and honoring the injustices publicly when before there was silence. Chile continues to reconcile with its past, voting to do away with the constitution written by Pinochet in place of a new one and through the tireless efforts of human rights defenders domestically and internationally. 

You can offer your support or learn more below: 

COP27: Solutions in the Face of Rising Climate Change Concerns

COP27 Flag
Yahoo Images

As the sun strikes the arid, blazing desert in Southern Egypt, the leaders of the world gathered to attend the most prominent, consequential global climate summit. During this event, leaders discussed commitments to finance climate action in developing nations by urgently reducing greenhouse gas emissions, building resilience, and adapting to the inevitable effects of climate change. An international conference synonymous with climate change, the 27th Conference of Parties (COP27) was hosted by the United Nations in Sharm el-Sheikh (Egypt) from November 6th to 18th. COP27 seeks to renew international solidarity in the face of an unprecedented energy crisis, a record of extreme weather occurrences, and an increase in concentrations of greenhouse gases. Ninety heads of state, including US President Biden, attended, alongside staunch environmentalist Greta Thunberg and other sustainable advocates. Everyone is affected by climate change, but some regions will experience the most adverse impacts of climate change. It is essential that these influential heads of state keep these areas in mind when formulating their environmental policies.

President Biden Speaking at COP27 Climate Change Conferece
Yahoo Images

Failures of COP26

Hoping to avoid the pitfalls of last year’s COP, there was a lot at stake this year. COP26, held in Glasgow, made a few, modest steps forward, such as reducing emissions, declaring zero-emission vehicles to promote greener transportation, and acknowledging deforestation. However, there were some shortcomings. To keep the possibility of limiting global warming to 1.5 degrees Celsius, a firm commitment to zero emissions by 2050 was expected. This required a 45% reduction in emissions in 2030 compared to 2010. However, the signed agreements put us on track for an average temperature increase of about 2.4 degrees Celsius. Another major setback was that one of the objectives to phase out coal and stop financing new coal-fired power plants was revised to “phase down” because Australia, China, India, and the United States, some of the largest coal producers, were not present for the proposals. Despite some strides, adherence to these treaties has not resulted in the action required to alter the course of global climate change. Enacting impactful, effective change can only be achieved collaboratively.

Expectations for COP27

“COP27 comes in the wake of a terrifying summer in which the Arctic burned, scorching heatwaves ravaged Europe, and floods submerged huge swathes of Pakistan and Australia,” noted Agnès Callamard, Amnesty International’s Secretary General. With this in mind, three policy areas have been proposed: mitigation, adaption, and loss and damage. Mitigation is concerned with lowering greenhouse gas emissions in order to stabilize the climate. A primary example of mitigation is the use of renewable energy sources instead of fossil fuels. The following step would be to adapt initiatives supporting climate resilience and reducing vulnerability, such as interventions to address food insecurity and biodiversity. Finally, loss and damages refer to the economic and non-economic damages caused by slow-onset events and extreme weather events caused by global warming, as well as the tools and institutions that identify and mitigate such risks. Climate policy recognizes and incorporates mitigation and adaptation. However, highlighting loss and dames in international treaties and negotiations has been proven to be difficult. Additionally, COP27 is tasked with dealing with the tragedy of the commons, where neighbors benefit from shared goods, such as an area of pasture or an irrigation pond, but their overexploitation ends up degrading the shared resource. These issues are all things are all on the table this year.

Controversy

COP27 has also been at the center of controversy. This year’s environmental, global summit took place in Egypt, which is known for their human rights grievances. Last year Amnesty International ranked Egypt as the third worst country by number of executions. Additionally, Human Rights Watch states that thousands of people, including children, have been prosecuted in mass trials, “in unfair proceedings lacking the simplest resemblance to due process.” As well as subjecting people to torture and ill-treatment in detention, Egypt arbitrarily arrests and detains people on the basis of their sexual orientation or gender identity. In 2014, Egypt’s authorities intensified their restrictions on human rights and environmental groups. Since then, there has been a corresponding decrease in independent organizations and assemblies for environmental activism. Egypt’s response on the matter was disheartening and unsatisfactory.

Climate Change Graphic
Yahoo Images

Human Rights Implications

A healthy, safe, and sustainable environment is necessary to fully exercise a wide range of human rights, including the rights to life, health, food, water, and sanitation. Millions of people are at risk of being displaced in the next few years due to rising sea levels and massive food shortages. Climate change is exacerbating existing inequalities, and the inability to limit greenhouse gas emissions is especially felt in communities already facing severe human rights violations. The impact that climate change will have on other, existing human rights will be catastrophic. The right to clean water and sanitation, the right to health, the right to food, the right to an adequate standard of living, and the right to life, all hang in balance in the wake of the current climate. Elected officials and industry leaders must hear public calls for strong, rights-respecting climate protection measures. States must protect the rights of people everywhere. We must ensure that the voices of young climate change activists around the world are heard.

The Forgotten Tragedy of the Yemen Crisis

With the increase in world crises, others become forgotten. Seven years and the Yemen Crisis is still one of the worst humanitarian crises in the world. Unnoticed, unseen, and unheard, the cry for help from the suffering in Yemen has been largely forgotten. Yemen has always been the most vulnerable country in the Middle East, even prior to the 2015 Civil War. With the worst rates of malnutrition, more than half of the Yemeni population has been living in poverty with limited to no access to resources need to live. With such an important, detrimentally impactful crisis, why has there been silence surrounding solutions?

Protestors holding guns chanting something in Yemen
Source: Yahoo Images

Why is there a Crisis?

The Yemen Crisis began with a civil war between the government forces and the Houthis, also known as Ansar Allah. In the past seven years, the residue of the civil war in Yemen continues to worsen tremendously. The conflict has been between the internationally recognized government, backed by the Saudi government, and the Houthi rebels backed by Iran. The war was caused by many factors. Given that Yemen was already one of the poorest Arab countries, any change would cause a political division. These factors include fuel price increasing, the Houthi rebels taking over and causing a military division, and the involvement of Saudi Arabia. Many countries have gotten involved – not to solve the crisis, but to pick the side supporting its agendas and send military equipment and personnel in support of these goals. This has left civilians in grave danger.

Protest during the Yemen War
Source: Yahoo Images

Conditions of the Crisis

The country’s humanitarian crisis is said to be among the worst in the world, due to widespread hunger, disease, and attacks on civilians. There have been around 6 million individuals displaced from their homes since the beginning of the catastrophe. There are 4.3 million civilians internally displaced.  As of 2021, Yemen had one of the largest numbers of internally displaced people (IDP) in the world. Many IDPs have been living in a constant state of fear and suffering. Being in a state of exile, having insufficient environmental and living conditions, they have no access to the resources needed to survive day to day. In addition, food insecurity, lack of clean water, healthcare, and sanitation services have caused tremendous issues for countless of civilians still living in Yemen.

Women and Children

In the heart of the crisis, the most affected have been found to be women and children. With the state of the country, inflation, along with scarcity of economic opportunities, many families can no longer afford basic meals, leading to high cases of starvation. Further, many cases of gender-based violence, exploitation, and early marriage are on the rise.  Malnutrition rates for women and children in Yemen are the highest in the world. About 1.3  million breastfeeding and pregnant mothers are in need of treatment for malnutrition. There have also been found problems with children being forced to fight in the war. In 2019, there were 1,940 children fighting as soldiers.

A mother and her Children during the civil war
Source: Yahoo Images

Mental Health

Mental health in Yemen has deteriorated over the causes and outcomes of the conflict. Individuals have dealt with losing family members and friends, their homes, suffering from displacement, violence due to war, food insecurity, unemployment, diseases, torture…the list can go on and on. With all these factors causing grief then leading to long term depression, individuals in Yemen are not able to seek the proper resources needed. There are about 30 million people living in Yemen in 2020 but only 59 psychiatrists. Meaning, for every half a million, there was only one psychiatrist. With the mental health stigmas already a huge concern in the Middle East, many individuals either do not know they need mental health services or are not allowed to seek them. For instance, women have to ask for permission from their families, particularly their husbands, in order to seek mental health services.

What is the World doing?

The United Nations (UN) has backed and presented peace negotiations, but it has only seen limited progression. The UN found that regional actors involved in the conflict have played a strong role in slowing down the peace process. Observers of the crisis see that the involvement of Iran, Saudi Arabia, and the UAE, have prolonged the war and worsened its conditions. The response of the world needs to strengthen when dealing with the Yemen crisis. As we have seen support from the world given to the Ukrainian crisis and the crisis in Afghanistan, as a whole, a change is possible. The most important thing we can do is talk about the crisis. This has gone unheard, but with a collective voice we can urge and find a solution.

Children during the Yemen conflict
Source: Yahoo Images

What can you do?

The best thing you can do regarding the Yemen crisis is to educate yourself, engage in conversations, and make others aware of what is happening. Below are a list of books and sources to keep you updated in ways you can help.

The World Food Programmee has created a website with ways you can help

Books to Read:

  1. Yemen: Dancing on the Heads of Snakes – Victoria Clark

2.     Tribes and Politics in Yemen: A History of the Houthi Conflict – Marieke Brandt

3.     A History of Modern Yemen – Paul Dresch

4.     Yemen Divided: The Story of a Failed State in South Arabia – Noel Brehony

International Attempts at Transitional Justice

Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States. 

Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.

Archbishop Desmond Tutu

A headshot of a Black man smiling wearing purple clerical attire and collar.
Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.

What is transitional justice?

Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice. 

According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include: 

  • Providing recognition to victims 
  • Building trust between citizens and state institutions
  • Reinforcing the rule of law 
  • Committing to human rights and building solidarity with victims
  • Reconciliation between victims, perpetrators, and bystanders
  • Preventing new violations

But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place. 

This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization? 

Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.

These processes are: 

  • Criminal Prosecutions: judicial investigations
  • Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse. 
  • Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
  • Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
  • Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
  • Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
  • Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse

Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.

Specific attempts at transitional justice: the good and bad

Bolivia: 

Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity. 

Uruguay: 

After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities.  Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances. 

Chile: 

This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police. 

El Salvador: 

A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented. 

Haiti:

Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic. 

Argentina: 

Spray painted image of a general with crossed-out eyes on a wall. The words “More than 30,000 reasons for popular justice. Never again look the other way" are painted beside the images.
Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”

Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced. 

South Africa:

When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances. 

This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented. 

Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.” 

United States: 

For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here. 

Conclusion

Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.

This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.” 

This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed. 

A book cover, there is no background, only a bold white title against black. 
Figure 3: Source: Target; Cover of the aforementioned book.

Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen). 

If this interests you, read Robertson’s book or check out more blogs from IHR below:

  • What is the International Criminal Court and Why Should I Care?
  • The Age of Human Rights?
  • Relativism’s Implications on Universal Human Rights
  • A Bright Future – Recent Human Rights Victories 
  • Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China
  • Covenants Without the Sword: International Humanitarian Law (IHL) and Sexual Violence

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. 

Why Our Criminal Justice System Is Working So Well

 

Source: Yahoo Image, KQED

The justice system is working perfectly. It’s doing exactly what it was designed to do. 

The withholding of information by prosecutors violating the Brady Rule, the failure to investigate other potential suspects, and a lawyer who failed to follow a potential alibi are some ways that the justice system convicted Adnan Syed of the murder of Hae Min Lee. Adnan spent 23 years in prison after a jury found him guilty of the murder of his ex-girlfriend. His sentence was recently vacated, and DNA evidence exonerated him. AFTER MORE THAN TWO DECADES! What went wrong? The jury believed that he was guilty, which means that the jury was convinced that he murdered her. So how come he is now walking free after 23 years? 

First, let’s look at Maryland’s Attorney General Marilyn Mosby and what she had to say. In her press release, she stated that since the prosecutors failed to turn over evidence for two other suspects which could have changed the course of the trial, the Brady Rule was violated. So what is this Brady Rule that keeps coming up? This rule goes back to the case Brady v. Maryland in which the Supreme Court “requires that prosecutors fully disclose to the accused all exculpatory evidence in their possession”. There is also the fact that there was a DNA sample that wasn’t tested until very recently. The third and most important thing is that the prosecution’s evidence relied on two things, one being their ‘key witness’ Jay Wilds and the other being the cell phone data that backed up Jay’s confession of helping Adnan bury Hae’s body. While AT&T published a notice – during the trial – that incoming calls are not reliable information to pin a location, the prosecution still used this as evidence, stating that even if the witness lied, the data doesn’t. This is now considered controversial evidence as the data isn’t truly reliable. Other than the cell phone data and Jay’s testimony, the prosecutors had nothing. With all of that presented to Baltimore City Judge Melissa Phinn by State’s Attorney Marilyn Mosby and the Sentencing Review Unit, Judge Phinn granted the motion to vacate the conviction of Adnan Syed. The judge gave the state of Maryland the option of proceeding with a new trial within 30 days of such ruling (the 30 days has since passed and he is now presumed innocent due to the DNA testing that was FINALLY done). 

Source: Yahoo Image, Picryl

All this happened due to the publicity from the hit podcast “Serial” and the help of other criminal justice reforms that happened in Baltimore. After 23 years, Adnan is free. But what about the cases that do not get public attention through a podcast or other publicity for that matter? How many others, just like Adnan, are convicted due to the violation of the Brady rule? Or for simply not investigating other potential suspects? A new study done by the National Registry of Exonerations states that of wrongful convictions in 2020, 54% were due to “misconduct by the government”, 34% due to misconduct by the police, and 30% due to misconduct by prosecutors. According to Georgia’s Innocence Project, 1 out of 20 criminal cases “results in a wrongful conviction”. This goes against the advice of one of America’s founding fathers, Benjamin Franklin: “it is better a hundred guilty persons should escape than one innocent person should suffer.”

Why are we neglecting this advice? Many lives are being stolen due to wrongful conviction of crimes that are small yet heavily punished or thrown into prison as a result of these shortcuts the Justice system takes. Often these injustice acts are directed towards black and brown individuals where America is the leading prison population due to the country’s way of approaching punishment which “often lacks a public safety rationale, disproportionately affects minorities, and inflicts overly harsh sentences”. America, unlike other countries, uses prison as a “one-size-fits-all solution to crime”, which means America prosecutes people who are not a public safety problem and often punish those people in a harsher and more damaging way than is truly justified. When did this start? Mass incarceration has been a huge problem in America since the civil war, however, we saw a huge rise in the prison population in the 1970s after Nixon’s “war on drugs” campaign which mostly targeted black individuals. This campaign used both fear and “racial rhetoric” in order to further this ‘movement.’ Under Nixon, we saw a rise in the prison population, however, under Reagan, it was an explosion. When Reagan took office “the total prison population was 329,000” and when he left the population was at 627,000 which is double the starting number. To put it more in perspective, according to the Brennan Center in 2003, for every 100,000 residents, 710 would be incarcerated, and according to the Vera report in 2015, 55% of incarcerated people are either black or brown. This all goes back to the loophole in the 13th Amendment “which abolished slavery and indentured servitude except as a punishment for a crime”, which took effect after the civil war and till now. So there is a a root problem, which is why the justice system is not broken in any way. It was created to harshly convict black and brown individuals. Evidence of such is the data collected in 2010 Prison Policy Initiative study which stated that for every 100,000 residents, 2,306 black individuals are incarcerated versus the 450 white individuals incarcerated. 

Now that we established the existence of such issue, what can we so about it? Discussions are taking place and changes too; after the death of George Floyd, many people voiced out their concerns, this pushed “the Center for American Progress, the John Jay College of Criminal Justice, and the Draper Richards Kaplan Foundation” to “virtually [gather] 1,000 advocates, researchers, artists, and practitioners for the Innovations Conference, a multiday exploration of what it means to reimagine public safety and shrink the footprint of the justice system.” There is a problem within the roots of the justice system, hence the need to “work to root out the systemic racism ingrained in the criminal justice system” that has affected people of color. This can be established, by starting with ending unnecessarily harsh punishments; for example, “Black Americans are nearly four times more likely to be arrested for marijuana possession and six times more likely to be incarcerated for drug charges than their white counterparts”. Another approach can be taken, by rooting out any racial inequality within the justice system; for example, California passed multiple bills “that will address discriminatory practices within jury selection, prohibit prosecutors from seeking convictions or sentences on the basis of defendants’ race or ethnicity, and lay the groundwork for reparations for the Black community”, and by removing the barriers that affect individuals with a criminal record as it disqualifies these people from “voting, obtaining business or occupational licenses, accessing employment and housing, receiving public assistance, and participating in other key elements of civic life”. Another way of helping is by investing in programs such as “child care and education, access to affordable housing, and other supportive services” since they are proven to create strong and safe neighborhoods. As individuals, we can help by voting, spreading awareness, and simply by putting these issues on the table for discussion. Barriers are destroyed through discussion.