Category: Activism

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. 

The Viral Intersection of Sex Trafficking and #SaveTheChildren

by Sumaira Quraishi

The first images that come to mind when you hear the words “human trafficking” usually include ones from popular media where the victims, typically young and wealthy individuals, are miraculously saved soon after they go missing by well-connected family members in action-packed scenes. Often, the savior is glamorized, and the victim is portrayed as an Icarus-like figure who flew too close to the sun and fell to their demise by being prideful and overexcited. This representation of human trafficking victims is wholly inaccurate in that anyone of any race, gender, ethnicity, or socioeconomic background can end up being trafficked against their will and a quick rescue is challenging to come by.

Image shows a person writing the word freedoms using chalk on a concrete staircase.
Chalking the Universal Declaration of Human Rights 2015. Source: University of Essex, Creative Commons.

What is Human Trafficking and Why Should You Care

According to the United States Department of Homeland security, “human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.” The act of being trafficked is complex, with many illicit systems in place to ensure trafficked people remain shackled, silent, and subservient. Although there are many misconceptions about the process of trafficking a human being such as the thought that people are kidnapped against their will and always take opportunities to escape when presented with one, these beliefs are not based in fact. Victims are sometimes coerced by human traffickers or slave traders through violent actions, manipulative tactics, false pretenses, and fake relationships. These situations leave individuals feeling trapped with their captors and they may not feel like anyone can help them. Unlike the romanticized portrayals of rescues from drug dens and slave auctions found in movies, the struggles of people who have had their liberty forcibly taken away are not so easy to resolve by arresting one key individual who runs an entire illegal enterprise, thereby leaving a collapsing system from the top-down. 

The violation of a person’s right to liberty and the trauma they face while in forced labor or sex trafficking environments are not the only dangers of human trafficking. The United States Department of State outlines multiple ways human trafficking harms not just those who are trafficked, but the nation as a whole in the following ways: human trafficking is a national security risk, it interferes with global markets, and it funnels currency into the hands of criminals. The perception of human trafficking being something that is not the general population’s problem until and unless it comes knocking on your doorstep leaves you vulnerable to manipulation, just like the millions who were manipulated into believing a QAnon trafficking conspiracy theory in July of 2020.

Image shows the flag of conspiracy theorist group QAnon flying in the wind in front of a building.
QAnon at Virginia 2nd Amendment Rally (2020 Jan). Source: Anthony Crider, Creative Commons.

Misinformation and Misunderstandings

A distorted view of human trafficking and the lack of knowledge about how people are controlled by human traffickers led to social media outcry from people around the world when #SaveTheChildren began trending in early July of 2022. Internet users on all platforms from Facebook to Reddit to Instagram and Twitter began rallying against Wayfair for allegedly allowing human traffickers to sell kidnapped children disguised as cabinet and pillow listings on the Wayfair website. To start, the entire affair was part of a conspiracy theory perpetuated by the QAnon conspiracy group that was made viral via an internet user who tweeted a screenshot of expensive storage cabinets with non-generic female names like “Alyvia Storage Cabinet” under the pseudonym Amazing Polly in June of 2020. Polly’s tweet was then circulated by QAnon, of which she is a member, and soon gained traction outside of the far-right political group, trending on social media platforms the following month after the initial tweet was posted.

On the surface, rapid dissemination of information about a supposed human trafficking front is a good thing, however, in this case, the trafficking front allegation turned out to be false on all counts, but by the time the investigation was over, misinformation had been flooding the timelines of millions of people for days. People rallied against Wayfair and demanded justice for the children whose names appeared on listings, leading to an upset of many lives overnight since some of the “missing” children had been at home recovering for months, or years, leaving them living in fear as they watched their personal information circulating online. In this case, well-intentioned public outcry overtaxed Polaris, the nonprofit in charge of the National Human Trafficking Hotline that connects victims of human trafficking to support resources in America, and made it difficult for the organization to help real victims in need. 

Trending stories that go through the social media cycle and lose coverage once they are deemed unmarketable make it hard to trust what you see online, especially if delivered by what you believe are reliable sources and individuals. Knowing what to believe and when to be skeptical is essential to protect yourself from having the wool pulled over your eyes, making you lose sight of any hidden agendas that may be pushed through viral stories. In actuality, the children in the Wayfair listings had their names chosen by an algorithm to differentiate industrial products, and a glitch led to surges in the prices of some pillows. 

Spotting A Fake Story

While it is disheartening to not have the truth of the Wayfair matter broadcasted as far and wide as misinformation about the case was, leaving many people still believing in a lie, there are almost 25 million victims of human trafficking in the world at any given moment who have been ripped away from any possibility of normal life and may never escape their new, harrowing situation. Traffickers profit from this exploitation of individuals, whether it be sex trafficking, forced labor, or the sale of people to others. Human trafficking may seem like an issue so far out of sight to the everyday person living comfortably in a wealthy country, but the reality is human trafficking could be happening to anyone anywhere in the world. Human traffickers don’t solely target subpopulations shunned by traditional politics, and everyone should remain aware of this danger. The lives of the children whose pictures were circulated around the world during the Wayfair scandal had their lives overturned by well-meaning people who didn’t look closely enough at facts and ended up buying into fiction, taking away dozens of people’s sense of safety and leaving them vulnerable to harm.

Image shows a black-and-white photograph of a press conference with people sitting around a circular table.
Press Conference on Declaration of Human Rights. Source: United Nations Photo, Creative Commons.

It can seem hopeless to think about how you could help a victim of human trafficking who might seem out of reach, but what we can learn from the Wayfair event is to keep in mind that you should always look for facts and not take frenzy-inducing headlines at face value. Remaining questioning until presented with concrete evidence will help limit the spread of misinformation and save resources from being wasted on fake breaking news stories.

If you want more information on how human rights are defined and protected, the Universal Declaration of Human Rights was created at a United Nations assembly in 1948 to outline globally recognized rights and is a great starting point on the topic.

UN Human Rights Council Votes Against Debate Over China’s Xinjiang Policies After Releasing Report Detailing Human Rights Violation of Uyghur Muslims

China’s hardline policies in the Xinjiang region have caused a rift within the United Nations Human Rights Council (UNHRC) over the detention of more than one million Muslim Uyghurs in reeducation camps. These camps are aimed at dismantling indigenous cultures and religions for those detained. A human rights commission within the United Nations -responsible for promoting the protection of human rights throughout the world and addressing violations of human rights voted on June 10th of 2022 over a Western-backed proposal. This proposal was an opportunity to hold a debate, essentially without any monitoring of the rights situation, and it was the least intrusive measures the council could take. Member states such as the United States, the United Kingdom, and Germany proposed holding the debate. However, 19 members of the council voted against the motion, 17 members of the council voted in support, and 11 members abstained from voting. Agnes Callamard, secretary-general of Amnesty International states, “Today’s vote protects the perpetrators of human rights violations rather than the victims – a dismaying result that puts the UN’s main human rights body in the farcical position of ignoring the findings of the UN’s own human rights office.”

 

Women wearing mask in solidarity with Uyghur Muslims
Source Yahoo Images

Council Facing Backlash

Days of diplomatic arm-twisting ensued in the UNHRC, and many national capitals in the weeks leading up to the vote as leading Western countries tried to get momentum behind a report from the former UN chief. The report, released on August 31st by the office of UN Human Rights, detailed serious human rights violations in Xinjiang that may amount to crimes against humanity. It documented a catalog of human rights violations including torture, sexual and gender-based violence, and mistreatment. According to the OHCHR report, the “extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups … may constitute … crimes against humanity.” Despite their findings, the council still voted against addressing the conditions of the Uyghur Muslims in Xinjiang.

Members of UNHRC gathered for debate
Source Yahoo Images

Background

Under China’s “Strike Hard Campaign against Violent Terrorism, Chinese authorities have violated the rights of a million Uyghurs and other Turkic Muslims by arbitrary detention, harassment, and cultural persecution since 2017. Forced sterilization and forced separation of children are some of the harshest elements of the government’s oppression. Extremist, repressive laws are put in place to target these communities for nothing more than the personal choice of practicing Islam. The disproportionate and discriminatory application towards ethnic and religious minorities is concerning. Omer Kanat of the Uyghur Human Rights Project states, “The Chinese government’s singular goal has been to silence even a discussion of the issue — we cannot allow this to happen.”

Protesters carrying signs at a demonstartion
Source Yahoo Images

China’s Response

Beijing, strategically employing its political and economic clout, sent a report from ambassadors in predominantly Muslim regions such as Africa, Middle East, Pakistan, and Saudi Arabia positively evaluating the human rights developments to the president of the. As China continues to influence the UNHRC, people will doubt if the council can remain impartial in its proceedings. By reaching this decision, the council has planted seeds of bias and crushed the Uyghurs’ hopes that the council will stand up to China to fight for justice. Many Muslim-majority states in support of the pro-Beijing statement have effectively turned their backs on the country’s oppression of the Uyghur Muslim population in Xinjiang. Before the vote, Chinese ambassador Chen Xu accused Western countries of seeking to turn a “blind eye” to their own issues on human rights and point a finger at others. No country has a perfect history of human rights; therefore, all countries are subject to scrutiny despite how much power they may wield.

China’s Economic Lure

The more pertinent question to be asked is, how vast is China’s economic pull that other countries factor into their decision-making? The United Nations Human Rights Council (UNHRC) consists of 47 countries and is regarded as the UN’s top human rights body. Annually, council members rotate among each other. However, a prominent country like China, with a permanent seat on the council, has never been the subject of a country-specific resolution from the council since it was established in 2006. It is a vicious cycle for other countries, including the largely Muslim-populated countries that voted against the debate, as their human rights record has been attacked frequently abroad; defending China becomes a way of defending themselves. Many Muslim-populated countries sided with Beijing due to their oppression by western imperialism. For example, various military interventions by the United States in these countries under the premise to widen their influence and democratic values has resulted in a distrust of the West. Nevertheless, this decision conveys a dreadful message: China is untouchable. This should not be the case. It is up to the citizens of these UN countries to hold these countries accountable for their actions. Human Rights violations continue to run rampant in the Xinjiang region, and despite the mounting evidence and international attention, China has failed to acknowledge or address these violations. Therefore, the duty falls to us to ensure the Uyghur Muslims are heard and their issues are addressed on a global stage. To help, contact these organizations:

Amnesty International

Human Rights Watch

International Commission of Jurists

International Service for Human Rights

Uyghur Human Rights Project

World Uyghur Congress

International Day for The Eradication of Poverty

Source: BetterAid via Google Images

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.

Source: Sparkasse Köln Bonn via Flickr

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

Source: Abdul Majeed Goraya / IRIN | www.irinnews.org

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.

Source: Oxfam International via Flickr

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. 

Source: Oxfam International Via Flickr

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. 

Source: Ali Hyder Junejo

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 Economic Status of Transgender People in India

Hijra communities in India form their own chosen families. Source: Yahoo! images

Imagine discovering that your internal identity does not align with the way that your body looks or the way that you are perceived by society. Because you recognize this internal dichotomy, the society you know and love treats you as an outcast. You are regarded as less than human. Your family abuses you for pursuing a physical body and social presentation that aligns with your internal identity. Society at large is structured in a way that makes it relatively impossible to get a formal job or make money in a safe way. Transgender people in India experience this every day.

A. Revathi is an activist for the rights of transgender people and other gender and sexual minorities in India. In her book, A Life in Trans Activism, she details many struggles she faced while navigating the economic system of India. Most transgender people in India work in the informal spheres of sex work and street begging, but a lucky few find low-salary jobs at LGBTQ+ Non-Governmental Organizations (NGOs) or service places.

A picture of an Indian woman named Revathi wearing a maroon saree with gold jewelry. She has a gold stud in her nostril piercing and a red bindi between her eyebrows. White text reads, “A Life in Trans Activism, A. Revathi as told to Nandini Murali”
The cover of the aforementioned book. Source: Rēvati, and Nandini Murali. A Life in Trans Activism. Zubaan, 2016.

Because of the prejudices and stereotypes held by many employers within India, transgender people are often discriminated against in the formal sphere. If a man comes in for an interview, and his documentation still has an F sex marker, the employer will know that he is transgender and all prejudices and stereotypes that they hold will then apply to the man searching for a job. The process of changing one’s sex marker on official documents is a complicated and grueling process for transgender people, which makes it almost impossible to go stealth* in one’s workplace. It was this lack of economic mobility that lead Revathi, and many others like her to the streets for sex work.

*Stealth (adj.) – describing a transgender person who presents themself as a cisgender member of the gender they identify as, often to avoid discrimination. For example, a male-to-female (MTF) transwoman presents as a cisgender woman and keeps her trans identity a secret to avoid violence.

In India, self-employed sex work is legal, but many police officers will find other reasons to accuse sex workers of crimes like loitering or stealing, whether the accusations are true or not. The general public tends to accuse them of stealing in order to demonize them or try to get them off the streets, which often leads to violent confrontations with community members and the police. During sex work, Revathi, like many transgender women, was often put into dangerous situations with the public as a result of the deeply rooted stigma surrounding transgender people. She experienced sexual assault, public abuse, and was sometimes not paid for her services. Most transgender sex workers must be very careful to keep their identities as transgender silent because many face violence if they are outed.** On the other hand, when outed, some people receive dehumanization in the form of fetishization which results in more violence and less pay.

**To out someone (v.) – to reveal someone’s sexuality or gender identity without their permission or control, often leading to dangerous situations for them.

Economic Consequences

The few that find jobs, often at LGBTQ+ organizations, are often paid less and treated with disrespect by their colleagues and employers. While reading A Life in Trans Activism, a pattern stuck out to me. I would like to call this something like “The Vicious Cycle of Workplace Inequality.”

  1. The formal work of a certain group of people is undervalued and/or ridiculed by society.
  2. The marginalized group then internalizes this as a reflection of their character and feels as though they have “something to prove” while working in the formal sphere.
  3. They then work harder and accept lower pay than their colleagues.
  4. Co-workers and employers take advantage of their willingness to work hard for lower salaries and disrespect their work-life boundaries.
  5. The disrespect becomes a foundational aspect of their workspace, and transgender people feel and live subserviently to society. The cycle repeats.

The Vicious Cycle of Workplace Inequality can apply to any group of people whose work is undervalued. We see this in the American workforce with Black employees. There is a widely-held stereotype in America that Black people are “lazy workers” because of their lack of sufficient economic mobility. Employers internalize this and hold Black workers to a higher standard in which they must “prove themselves” as hard workers. It is often the case that Black employees work twice as hard as their White counterparts and are still undervalued by their employers and colleagues. They internalize this as a reflection of themselves and work harder and harder for less and less. This phenomenon is not only manifested in the salary gap between races, but also in the levels of worker burnout and unemployment rates.

A bar chart showing “Unemployment Rates by Race and Age, 2016”. On the y axis is 0-30% representing unemployment rates, and on the x axis is age groups from 16 to 70+. For each age range, there are two different bars representing Black and White workers. The highest unemployment rate is 16-19 year olds with Black youth at around 27% and White youth around 14%. Both statistics slowly fall before plateauing at around the 40-44 age range, with Black workers at around 6.5% and White workers at around 3.5%. These statistics stay pretty consistent for the rest of the chart, if not a slight dip around the age ranges 50-60.
Statistics show much higher unemployment rates for Black individuals in every age range. Source: Federal Bureau of Labor Statistics

A. Revathi experienced the Vicious Cycle herself while working as an openly transgender woman at an LGBTQ+ NGO in India called Sangama. Even while she was head director of multiple subsections of the NGO, she experienced disrespect from the staff she was directing. Here, Revathi reflects on her experience:

“[Sangama staff] were well behaved with [past directors] and respected boundaries. However, with me, they were very different. They would storm into my cabin and argue endlessly with me, often in very rude or offensive language. They demanded prompt promotions, increases in salaries, and crowded my working hours with endless demands and trivial things, which they could have handled themselves.” (Rēvati, 110) 

Revathi charitably credits this to her open-door policy and her show of belief that hierarchies in workplaces were solely for accounting purposes, and should not reflect upon the social interactions of the staff. I suspect that the main reason that she has these policies and beliefs is that her work has been consistently undervalued and she has internalized that she will never be seen as “above” anyone else in her workplace. By setting and enforcing certain boundaries with her staff, she would have to acknowledge that she is above them in the workplace. This would break the social contract that says that she is always on the base of the metaphorical pyramid because of her transgender identity.

Government Progress (or lack thereof)

A large group of mostly women in colorful saris, jewelry, and makeup gather together with black signs with white text. One reads, "Protect the Rights of Transgender Community".
Transgender Indian protesters gather to fight for the implementation of policies that protect their rights. Source: Yahoo! images

The Indian Supreme Court ruled in 2014 to create a third gender category called “hijra” which would be inclusive of gender nonconforming and transgender individuals. People in this category were legally categorized as an “other backward class” or OBC. Job reservations were made for people of OBCs in an attempt to improve the economic status of transgender people. Read more about this ruling here. 

In addition to this ruling, in 2019 the “Transgender Persons (Protection of Rights) Bill” was passed, which served as an anti-discrimination bill meant to improve the status of transgender people in education and the workforce. It was faced with backlash from the trans community because it required a person to submit proof of gender reassignment surgery to the government before being able to change their gender marker legally. This type of policy is called trans-medicalism*** and is exclusive and harshly binary. Read more about this bill here.

***Trans-medicalism (n.) – the idea that one must medically transition, in other words: go through gender reassignment surgery, in order to be a valid member of the transgender community. 

Although these actions were well-intended, neither the 2014 ruling nor the 2019 bill has been well enforced. They have been inefficient in changing the economic and educational statuses of transgender people. Employers still have room to discriminate against workers. Sex workers are still treated horrifically and inhumanely in the streets. Transgender employees are still disrespected in their workplaces and have low opportunities for economic mobility. One of the problems with these actions is that they are both “top-down” approaches, which start with government implementation and slowly trickle down into cultural changes and real-life improvements for transgender people. Many recommend a “bottom-up” approach, which begins with radical cultural shifts and builds its way up to government implementation. While both are valuable, the “bottom-up” approach is more efficient in creating quicker social change for people genuinely affected by the social issues at hand. 

Iranian Women Burn Hijabs in Response to Killing of Mahsa Amini

Imagine living in a world where a woman showing her hair is considered “immoral” but killing a woman for showing her hair is not. Unfortunately for Mahsa Amini, that is the world we live in. On September 14th 2022, the 22-year-old was visiting the Iranian capital of Tehran with her family when she was arrested by Iran’s police. The reason for her arrest was wearing an “improper” hijab that did not adhere to the strict Islamic dress code laws. While in custody, she was beaten within an inch of her life and was comatose before being pronounced dead the following day. Iranian officials claim she died of a heart attack while in custody.

A protestor holds up a photo of Masha Amini
Source: Flickr

 

Public outcry

The Iranian government is implying that a dress code carries more significance than a young woman’s life. However, many Iranians disagree. In fact, women across the country have started publicly removing and burning their hijabs in protest. Burning head scarves is a powerful display that highlights the demand to end mandatory hijab laws. It is a direct objection to the controlling state’s policing of women’s bodies. Many people have taken to the streets to protest this blatant violation of human rights. Article 3 of the UN Declaration of Human Rights states, “Everyone has the right to life, liberty and security of person.” Iranian women’s liberty is in grave danger. Under Iran’s authoritarian regime, personal freedoms and the right to choose are in grave jeopardy. During the protests on September 21, Iran’s armed forces shot and killed more than 8 individuals. In the last 5 days, 15 protestors have died as a result of direct fire from government forces, with an additional 733 people injured and dozens imprisoned.

 

Morality Police History

Iranian authorities have a long history of violent and inhumane enforcement of dress codes, specifically, compulsory veiling. This can be traced back to the Islamic dress code, a strict dress code that requires women to conceal their hair and neck with a head scarf and to cover their body. This law has been in effect in Iran since 1979, after Iran’s Islamic Revolution. The “Gasht-e-Ershad,” which translates as “guidance patrols”, patrol the streets of Iran enforcing these laws. They arrest individuals they deem in violation of this law, including women who do not adhere to the strict concealment of their body. In 2017, dozens of women removed their hijabs in defiance of the dress code. They waved their white hijabs standing on utility boxes. Since then, the morality police have taken severe measures to prevent women from disobeying the dress code. The arrests often involve verbal abuse and physical violence, targeting women and girls as young as 9 years old. Violent videos have emerged on social media depicting the “morality” agents forcefully detaining women, dragging them by their hair, administering beating with batons, and even spraying them with pepper spray.

A woman cuts her hair
Source: Flickr

Protests Are Not Anti-Islamic

The presence of the morality police is a violation of freedom and dignity of the women in Iran. Western practitioners of Islam may misconceive these acts of protest as an attack on Islam. However, these individuals have the freedom to choose their religion; they are not forced to adhere to religiously influenced governmental action. It is important to make the distinction between burning symbols of the state and disrespecting religion. To many Iranian women, the mandatory hijab enforcement is not a religious symbol, but rather a symbol of their oppression. These protests are the result of religious trauma and not Islamophobia. This movement is not Anti-Islamic, but pro-liberty. Citizens across the nation are fighting against the unjust criminalization of women due to the strict, mandatory dress code. They are fighting against an authoritarian regime that weaponizes Islam as a tool of oppression.

What Can You Do

Protestors hold a sign that says "Say Her Name #MASHAAMINI"
Source: Flickr

The courage and solidarity these women are showing is quite moving. This may serve as a catalyst for the liberation of women around the world. As of now, Instagram is blocked in Iran. However, these activists’ valiant efforts will not be stifled. Now the baton passes to us. We must amplify their voices and raise awareness about the atrocities endured by these women by sharing hashtags and saying her name: Mahsa Amini. Follow these informative accounts and repost their posts:
@middleeastmatters
@masih.alineejad
@farnanak_amidi
@golfarahani
@negah_amirii
@duzenetekkal
Use this link to help people in Iran bypass the internet blockade Middle East Matters (mideastmatters.carrd.co). Donate to United for Iran and help fund the app Gershad that alerts woman the whereabouts of the morality police and protects women across Iran from unjust arrest. Everyone is entitled the most basic human right of choice. Women all around the world should be at liberty to wear what they want without fear of jeopardizing their lives.

A Bright Future – Recent Human Rights Victories

Source: Yahoo Images, Unknown Artist

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. 

Source: Quentin Meulepas via Flickr

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. 

Source: Randeep Maddoke via Wikimedia

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.

Source: Sebastian Baryli via Flickr

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!