Unraveling the Injustices in West Papua

By Jayla S. Carr

The region of West Papua has been plagued by a complex web of struggles and injustices that have left indelible marks on its society. These issues are deeply rooted in the region’s colonial past and have been compounded by ongoing struggles for self-determination, discrimination, and egregious human rights abuses. The people of West Papua continue to grapple with the multifaceted challenges posed by these historical injustices, and their struggle for justice and equality remains ongoing.

The Challenges of Self-determination

The Act of Free Choice that took place in 1969 was a significant event in the history of West Papua. At the time, the territory was under Indonesian rule, and a process was initiated to determine the status of West Papua. The process was organized under international pressure but lacked genuine representation and transparency. The participating representatives represented only 1 percent of the West Papuan population, and there were allegations of coercion. The Act of Free Choice has been a lasting source of frustration for West Papuans. It was seen as a profoundly flawed process, symbolizing a profound historical injustice. The vote was conducted in a minimal scope, with only 1,022 handpicked representatives voting. These representatives were pressured to vote in favor of Indonesian rule, and there were even allegations of torture and intimidation. The Act of Free Choice has been a contentious issue ever since. Many West Papuans believe that the process was rigged and that they were denied their right to self-determination. The vote was not conducted fairly and transparently, and the outcome was predetermined. The legacy of the Act of Free Choice continues to resonate, and it remains an important issue for West Papuans seeking justice and recognition.

A flag with blue and white strips with a red stripe and a star
The Flag of West Papua. A flag with blue and white strips with a red stripe and a star.

 Marginalization and Discrimination

Indigenous Papuans have faced systematic discrimination, resulting in stark socio-economic disparities. Unequal access to education, healthcare, and economic opportunities has entrenched a sense of disenfranchisement. Policies favoring non-Papuan migrants further contribute to marginalization exacerbating tensions and perpetuating historical injustices that affect the fabric of Papuan society. Al Jazeera News, reports that the government of Indonesia created a transmigration program that has been moving others from around the country to the Indigenous West Papuan lands, forcing them out of their own.

Cultural suppression in West Papua has taken various forms, and one of the most prominent ones is the restriction placed on indigenous languages and practices. The Indonesian government’s imposition of a dominant Indonesian culture over the diverse cultural landscape of West Papua is perceived as a significant threat to the rich tapestry of Papuan cultural identity. As a result, the Papuan population has been resisting attempts to assimilate them into a broader Indonesian identity for decades.

Recognizing and preserving West Papua’s unique cultural heritage cannot be overstated. The region is home to over 250 distinct indigenous groups, each with its language, customs, and traditions. The suppression of these cultures has had a severe impact on the Papuan people, leading to a loss of cultural identity and a sense of dislocation. Despite the challenges, there are ongoing efforts to preserve and promote Papuan culture. Organizations such as the Papuan Hope Language Institute are working to document endangered languages, while others are advocating for the recognition of customary laws and practices. These efforts are crucial in ensuring that the rich cultural heritage of West Papua is preserved and remembered.

A group of people holding a banner
A group of people holding a banner. Credit: Wikimedia Commons /Nichollas Harrison.

Exploitation and Economic Disparities

West Papuan natives argue that they have not received proportional benefits from economic activities, particularly mining and logging. Military operations that displace indigenous Papuans pave the way for extractive industries and Indonesian settlers, which exacerbates instability and makes it difficult for people to work and earn a living due to the constant threat of violence.

The United Nations human rights experts have been advocating for access to the area to investigate reports of human rights violations. The Office of the High Commissioner on Human Rights estimates that between 60,000 and 100,000 people have been internally displaced since 2018. West Papuans have experienced racism ranging from common insults such as “monyet,” meaning monkey, to active discrimination, limiting their business opportunities and making them feel like second-class citizens. Environmental degradation further exacerbates their struggles and negatively impacts traditional livelihoods. Addressing these economic imbalances is crucial to promoting sustainable development and redressing historical injustices in the region.

 

Movements and Resistance

The Indonesian government’s actions have increased military presence in the region and led to the emergence of West Papuan movements such as the National Committee for West Papua(KNPB)  and the Free Papua Movement (Organisasi Papua Merdeka or OPM). The OPM advocates for independence, which has led to occasional violence and clashes between pro-independence groups and the Indonesian military.

Reports of human rights abuses by the Indonesian security forces have been persistent in West Papua. Violence, extrajudicial killings, arbitrary arrests, and restrictions on freedom of expression and assembly contribute to a climate of fear. The systematic nature of these abuses underlines the urgent need to address human rights concerns as an integral part of rectifying historical injustices in the region. Since the annexation of West Papua in the 1960’s, over 100,000 civilians have been killed in the indigenous land. The most known tragedy was the Biak Massacre in 1998, where tensions between the West Papuan people and the Indonesian military came to a boil. The total number of state forces deployed in the region remains classified. However, Papua and West Papua provinces are known to have the country’s most significant presence of Indonesian troops.

Protestors holding flag and raising their fists
Protestors holding flag and raising their fists . Credit: Ulet Ifansasti/Getty Images

 

Conclusion

The historical injustices embedded in West Papua’s past are intricate and interconnected, requiring a nuanced approach to resolution. A comprehensive strategy should acknowledge the complexities of colonial legacies, contested political processes, discrimination, human rights abuses, cultural suppression, and economic disparities. It is crucial to draw international attention, promote meaningful dialogue, and make concerted efforts to establish justice, equality, and self-determination in West Papua. This is necessary to rectify historical injustices and pave the way for a more inclusive and sustainable future in the region. The Free West Papua Campaign website is a great resource to learn about organizations actively working towards this goal, and you can even donate to support their cause.

 

Here are some websites offering more information about this blog post

Indigenous Peoples Major Group for Sustainable Development

Free West Papua Campaign

Femicides in Mexico

By Abigail Shumate

Content warning: This blog contains references to violence and murder.

Introduction

The femicide crisis in Mexico can be best exemplified in the quote, “What is happening in Mexico is a gigantic tragedy, a humanitarian catastrophe”—a statement made by Lucy Diaz Genao, a representative of Colectivo Solecitos (Sunshine Collective). Colectivo Solecitos is a group of women searching for their disappeared relatives, known as madre buscadoras.

Genao is not overstating her concern for the issues in Mexico, as every year more and more people, mostly women and children, are reported missing with little to no action done by government officials to find them. Every day, approximately ten women are murdered, resulting in a staggering 3,754 deaths in 2022. These deaths are rarely investigated as femicide, with less than a third of them given the proper acknowledgment that they deserve. Not only are they not presented as femicide, but they are also often presented as accidental, with manslaughter being the most frequent classification. It is possible that this misrepresentation is done so that the Mexican government can downplay the severity of femicide within the country. There are countless factors perpetuating the violence against women in Mexico, with some of the major reasons being cultural machismo, domestic violence issues, and a flawed justice system.

 

Image Description: A large pink banner with "En Busca De Nuestros Corazones" and "Madres Buscadores" written across the middle. There are many images of disappeared people. Source: https://www.flickr.com/photos/filguadalajara/53368996982/in/photolist-2pj34HD-2pj8EbH-2pja1kA-2pj34so-2pj34n8-2pj9iQb-2pja1gc-2pj34eC-2pja2pQ-2pj9ZZR-2pj9ZCt-2pj7GEv-2pj8Ept-2pj8EkA-2pj34Fu-2pj33ZQ-2pj8DJf-2pj9hM9-2pj34qz-2pja1rx-2hS7sD8-2nmdgdT-2pj8Dww-2nmdg8H-2nmdgpE-ULdzFe-UUkAHs-UXQmFc-TFsA3Q-TFswrS-UUkBAu-UXQnGF-UXQozT-TFsyG3-2nmdgiH-2nmdco6-ULdAX2-2nm7Utq-2nm7U3L-2nmdcJ6-2nmfHX7-2nmfHM2-2nm7UmM-ULdAcV-2nmeqmr
Image Description: A large pink banner with “En Busca De Nuestros Corazones” and “Madres Buscadores” written across the middle. There are many images of disappeared people. Source: Flickr

 

A Flawed Justice System

The flaws in the justice system are numerous, with some major problems being insecure crime scenes and the removal of objects that could be evidence in cases. One specific occasion of this is with Diana Velázquez. Velázques was killed after numerous brutalities were committed against her—both physical and sexual—and then her body was abandoned by a warehouse. The investigation was quickly mishandled when Veláquez’s body was misidentified as a man. This is obviously problematic in many ways, one of which is that Veláquez’s family could not find her for some time. When she was finally found, she was heavily decomposing on the patio of a morgue. While these factors are more than enough to emphasize the missteps within the justice system, the mismanagement of the case does not end there. Authorities lost Veláquez’s clothing, which was vital in collecting DNA and identifying her killer. Her family got minimal closure, and because of the flaws in the investigation, only one suspect was apprehended and convicted.

This is one case out of thousands as the violence against women comes in shocking waves. The crimes are handled so poorly that it incentivizes individuals to continue committing acts of violence. It is vital for the Mexican government to take a firm stance against femicide and provide more cohesive measures to prevent and punish the murders.

Gender-based violence is not new in concept; however, femicide is new in terms of legal codes in Mexico, and it was first made a distinct crime category in 2012. This demonstrates progress, but the negative implications of it being so recent are numerous. For one, there is little uniformity in this classification, so many femicides may go undocumented as such. The incorrect documentation of the crime underemphasizes the problem, and it encourages those in law enforcement to put less focus on the roots of the problem, like machismo culture and domestic violence.

 

Machismo Culture and Domestic Violence

Mexico’s machismo culture is another large factor attributing to the abundance of femicides in the country. Machismo is “the set of ideals and beliefs that support the notion that men are superior to women. Men…must protect the vulnerable, usually by exercising control over women.”. This forces women into a more subordinate role and allows men to enforce their dominance. Gender discrimination leads directly to gender violence, and gender violence rooted in patriarchy has been increasing steadily every year.

A national survey disclosed that 70.1% of women in Mexico have experienced violence, and 39.9% of that violence came directly from a partner. Intimate partner violence is prevalent in Mexico, and it is on the rise.

Women are stuck living in fear, as their perpetrators are often given minimal sentencing if prosecuted at all. Domestic violence perpetrators are given much lower sentencing than those who commit murder or femicide, so women are often left to face their abuser after the sentencing.

These gender biases amongst judges and prosecutors also lead to victims gaining little to no protection. Described as “institutional neglect” by journalist Gloria Piña, Piña laments, “There are no legal consequences for killing women, [and] the State will do nothing to financially take care of victims.” This state-based discrimination dissuades victims from coming forward, as it will often just result in angering their significant other. Exorbitant fines prevent women from speaking up, so why waste money on a legal process that will result in no justice?

Unique Violence of Femicide

Femicide needs a significant increase in attention from law enforcement and government officials; however, it is not overlooked by the general public. There are major demonstrations throughout the country, happening at least once a week. There are also annual marches honoring International Women’s Day in March. Women have been participating in strikes to fight against gender-based violence in Mexico, but we need the government to intervene.

 

Image Description: two young women in focus at a rally, they both have hand-prints painted on their faces. Source: https://www.flickr.com/photos/184872354@N06/49744059692/in/photolist-bvih4W-L7qA6s-bJd2CZ-rtVfi-5Gvdrf-bvifid-msHvZf-5Gvebb-bJd3bi-2iMHiTA-5nbunA-Rv5kgm-5bmxVs-2jMPAzM-3nZVsB-3SjzVp-2n6feqc-88Azi1-reiTKY-dxQ5cQ-LXb8H-2mU6nVk-26aHZ5b-8fvme5-2no2GWj-JyCGn-2iDjNBF-JuCLL-EHCSU3-Mi2FQ-Mie1p-289k67S-dJNo8E-851QJj-p1u8en-pXdCza-ccTJp-DuVsb-47NUiQ-87LHmC-5uwQAe-5GvdWY-wmoY8-sykhY-9LbV1H-XCjT85-DwPGi-9skWQv-7c3j33-QQM7Zn
Image Description: two young women in focus at a rally, they both have hand-prints painted on their faces. Source: Flickr

 

The homicide rate in Mexico is high, but femicides are uniquely violent. Most killings in Mexico are done with a firearm, but only 21% of femicides are committed with a gun. Most are done by strangulation, suffocation, drowning, knives, and other brutal acts. This emphasizes the personal nature of femicide, and it illustrates how men are able to commit these crimes in more intimate ways, as many of them live with the woman they end up murdering.

Conclusions

The brutality of femicide brings all the elements discussed in this post together—it begins with the machismo culture of Mexico. This allows men to feel superior to women, which leads to physical violence against them. This physical violence is forceful and personal, and they are allowed to get away with these actions because of the flawed legal system in Mexico.

Protection for women and children is the first step. If women are guaranteed safety or even provided more security than they are now, the magnitude of gender-based violence will be better able to be understood as more women come forward. A more cohesive jurisdiction will help women not only feel safer but get the closure that they need and deserve. It is time to place emphasis on women’s rights in Mexico, and it is time to bring an end to the brutal killings of women.

The Wine Industry: Years of Exploitation and Human Trafficking

by Caitlin Cerillo

Have you ever had a glass of wine and wondered how it’s made? Or, pondered what it comes from and how long the wine-making process takes? Who is responsible for making it? Surely, the wine industry has been modernized, where mechanical inventions can do most of the handiwork when creating a delicious bottle of wine used for birthdays, weddings, anniversaries, and other milestone celebrations.

Unfortunately, this isn’t the case. The wine industry has had a history of exploiting its workers by forcing them to work in extremely poor conditions and grueling hours. Wine-making follows an intricate process, starting with the harvesting of grapes in vineyards. Mechanical harvesting does exist and is generally quicker than doing so by hand, as the average human can harvest 1-2 tons a day, while a machine can harvest 80-200 tons. However, human harvesting is still favored because it offers a more precise selection and lessens the severity of oxidation getting to the grapes due to damaged skins.

A person picking grapes to harvest for wine.
A worker manually harvesting grapes for wine. Source: Yahoo Images

The amount of grapes needed to produce a standard-size bottle of wine varies depending on the style of wine. However, a general number given by experts is an average of 1.25 to 1.50 kilograms, or 2.75 to 3.3 pounds. With the amount of wine that is produced worldwide within just a year, this adds up to a huge demand for grape pickers to supply the lucrative wine business. In the world, there are two primary countries responsible for the largest number of wine production: Italy and France. Both countries have come under fire for unethical practices in their wine production and human rights violations that include human trafficking, exploitation, and extremely poor working/living conditions for workers.

What is Human Trafficking and Exploitation?

Human trafficking is a huge issue across the world. The United Nations Office on Drugs and Crime (UNODC) defines human trafficking as the “recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” Human trafficking can come in many different forms, like sex trafficking, forced labor, and child sex trafficking. Victims of human trafficking can come from any kind of age group, gender, and background.

However, specific groups may be more vulnerable than others. These groups include people separated from their families or other support systems, refugees or migrant workers, sexual and gender minorities, people with disabilities, and members of lower socio-economic groups. According to the Centers for Disease Control and Prevention (CDC), human traffickers will use manipulation tactics and exploit the vulnerabilities of their victims, which is why these specific groups are at heightened risk.

Italy

In September 2021, a humanitarian organization by the name of Oxfam released a Human Rights Impact Assessment (HRIA) on the Italian wine supply chain to assess their impact on human rights. The HRIA is titled “The Workers Behind Sweden’s Italian Wine” and focuses on the primary Italian wine supply chain in Sweden, Systembolaget. The HRIA’s objectives were to perform a context analysis on Systembolaget in order to “build an understanding of the nature of the Systembolaget supply chains” and then to “identify the actual and potential human rights impacts in Systembolaget supply chains in practice.”

Oxfam’s HRIA does a great job at going more in-depth with the current human rights violations occurring in the Italian wine industry, along with the potential human rights violations that are at high risk of coming to fruition. To summarize, Oxfam found several serious violations: forced labor, low wages, excessive working hours, health and safety risks in vineyards and wineries, lack of access to remedy, restrictions to freedom of association, sexual harassment and gender discrimination, and unsanitary housing. To read more about Oxfam’s findings, follow this link.

France

France’s primary region for wine production is called the Champagne region, located roughly to the east of Paris. In late 2023, a large portion of the region was shut down by French authorities and put under investigation for human rights violations. Wine-makers in the Champagne region are migrants primarily from West African countries. It was discovered that the lodgings that provided housing to the migrant workers were of poor quality, with makeshift beds surrounded by electrical cables and extremely unsanitary bathroom facilities.

Workers picking grapes in a French vineyard.
Workers picking grapes in a French vineyard. Source: Yahoo Images

The investigation also found that the contractors responsible for hiring the migrant workers exploited their vulnerabilities, as they were willing to work, even without proper contracts and for extremely low wages. At the end of the 2023 harvest season, another trafficking investigation was opened by authorities, which involved 160 laborers from Ukraine living in poor conditions in another area of the Champagne region.

South Africa

Although South Africa isn’t at the very top of the list of wine-producing countries, it has been accused of violating several human rights for years. In 2011, Human Rights Watch released a report titled “Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries,” detailing the problems surrounding the country’s industries. For over a decade, numerous attempts have been made to improve them, as well as conditions on farms. For instance, the Wine Industry Ethical Trade Association was created in 2002. Unfortunately, significant improvements have yet to be made to rectify the issues at hand.

South African farmworkers who supply the grapes needed for wine are vulnerable to some of the following human rights violations: exposure to pesticides and harmful chemicals, working long hours, and being forced to work in extreme weather conditions. Many farmworkers don’t even have access to safe drinking water, toilets, or livable housing. They face difficulty in forming a union to bring attention to the injustices they face. Like Italy and France, South African farmworkers receive low wages and little to no protection from the government.

The Future of the Wine Industry

There are many possible routes that can be taken to improve the working conditions for wine-makers. One of the most productive ways includes wineries turning to certifications that can help lay a groundwork for better standards, like environmental sustainability and safe working conditions. These certifications can help ensure that wineries are being held to their promises. Several wineries across the world have turned to certification efforts, like Chile’s Emiliana Organic Vineyards, which is certified under B Corp. B Corp was established in 2006, with the initiative of encouraging accountability, transparency, and environmental performance in business. Similarly, Italy has founded the Equalitas standard in 2015, which is specifically aimed at the wine industry.

Femicide in Kenya: A Silent Crisis

 

by Grace Ndanu

 

An image with a group of people holding up a banner that reads, "There is no honor in killing!"
An image with a group of people holding up a banner that reads, “There is no honor in killing!” Source: Yahoo Images (free to share and use)

 

In recent years, Kenya has witnessed a horrifying increase in cases of femicide. The alarming statistics paint an ugly picture of the state of women’s safety in the country. This issue goes beyond simple statistics as it represents a deep-rooted problem that demands urgent attention. Femicide in Kenya is not just a crime against women but also a violation of basic human rights and an assault on the fabric of society.

Understanding Femicide

Femicide is not a new phenomenon, but the magnitude of the problem in Kenya is shocking. The term encompasses various forms of violence against women, including domestic violence, rape, honor killings, and dowry-related deaths. These acts are driven by deep-seated beliefs and cultural norms that perpetuate gender inequality and elevate toxic masculinity.

According to a 2020 report by the World Health Organization, Kenya experiences one of the highest rates of femicide in Africa, with an estimated 47 women killed each week. Shockingly, this represents a 50% increase in femicide cases over the past decade. Furthermore, the majority of these cases go unreported or unnoticed due to social and cultural factors, making the situation even more alarming.

The Cultural Factors Behind Femicide

An image of a Maasai woman from Kenya holding her baby at her hips.
An image of a Maasai woman from Kenya holding her baby at her hips. Source: Wikimedia Commons through Yahoo Images (free to use and share)

 

To tackle femicide in Kenya, it is crucial to dig into the cultural factors that contribute to this crisis. Some of these factors include gender roles, traditions, economic disparities, and the normalization of violence.

Gender roles deeply rooted in Kenyan society perpetuate a patriarchal system that devalues women. Women are expected to be submissive, nurturing, and bound by societal norms. Patriarchy creates a culture of power imbalance, where men feel entitled to control and dominate women, both within and outside the household.

Traditional practices, such as female genital mutilation (FGM), child marriages, and wife inheritance, further perpetuate the vulnerability and defeat of women. These practices condone violence against women in the name of cultural preservation and perpetuate harmful gender norms.

Economic disparities play a significant role in intensifying femicide in Kenya. Poverty and lack of access to education, healthcare, and employment opportunities disproportionately affect women. When women are economically dependent on their partners or families, they are often trapped in abusive relationships with no means of escape.

Society’s normalization and acceptance of violence against women contribute to the perpetuation of femicide. Many cases of domestic violence go unreported due to fear, stigma, or lack of trust in the justice system. In some cases, many people, instead of helping, tend to record videos of women being wronged and post them on social media.

Addressing Femicide in Kenya

An image of a group of women from the Women's Ministerial Breakfast in Nairobi, Kenya.
An image of a group of women from the Women’s Ministerial Breakfast in Nairobi, Kenya. Source: Natalia Mroz; UN Environment Programme through Flickr

 

To address femicide in Kenya, a comprehensive approach is necessary. It requires collaboration between the government, civil society, community leaders, and individuals alike. Here are some key steps that can be taken.

Legal Reforms and Enforcement

Restoring the legal framework surrounding violence against women is paramount. Stricter laws targeting offenders, along with their effective implementation, are crucial. Adequate training for law enforcement officials and judicial personnel is also essential to ensure cases are dealt with sensitively and expeditiously.

Education and Awareness

Comprehensive educational programs should be implemented from an early age to challenge harmful gender norms, promote gender equality, and raise awareness about women’s rights. This includes teaching both boys and girls, as well as women and men, about healthy masculinity and respect for women.

Empowerment and Economic Independence

Efforts must be made to empower women economically. This can be achieved through vocational training, access to micro-financing, and opportunities for entrepreneurship. Women who are financially independent are better equipped to escape abusive relationships and have control over their lives.

Support Services and Safe Spaces

Accessible support services, including helplines, shelters, and counseling centers, are crucial for survivors of femicide and domestic violence. These safe spaces provide survivors with the support they need to rebuild their lives and break free from the cycle of abuse.

Community Mobilization

Community leaders, religious institutions, and local organizations play a vital role in challenging harmful cultural practices, promoting gender equality, and raising awareness about femicide. Mobilizing communities to change attitudes and behaviors towards women is essential to create a safer environment for all.

Conclusion

Femicide in Kenya is an urgent crisis that requires immediate attention. It is a reflection of deep-seated gender inequalities and cultural norms that perpetuate violence against women. Addressing this issue demands a comprehensive approach encompassing legal reforms, education, empowerment, and community mobilization. Only through collective efforts can we hope to build a society where women can live without fear, violence, and the threat of femicide. Together, we must strive to create a country that embraces gender equality, respect, and the protection of basic human rights for all.

Rohingya Refugee Crisis Leads to Shifting Tide in Indonesia

by Delisha Valacheril

Figure 1 Displaced Rohingya at a refugee camp. Source: Yahoo Images
Figure 1 Displaced Rohingya at a refugee camp. Source: Yahoo Images

 

The Rohingya are survivors of atrocities committed by the government of Myanmar. Described as the most persecuted minority in the world by the United Nations, the Rohingya are the world’s largest stateless population. Under Myanmar’s Citizenship Law, the government has consistently denied citizenship to this group of people for decades. 135 distinct ethnic groups are recognized under the law, with Rohingya being one of the few exceptions. Without citizenship, they are deprived of basic rights such as access to health services, education, and employment. Forced to leave their homes and families, more than 730,000 fled to neighboring countries like Bangladesh or Indonesia. Approximately 600,000 still reside in Myanmar’s western Rakhine State. They are restricted to refugee camps and settlements where there is a severe lack of food, adequate healthcare, education, and livelihood opportunities. The long-lasting systemic abuses against the Rohingya at the hands of the Myanmar government are equivalent to crimes against humanity, deprivation of liberty, and even apartheid.

Who are the Rohingya?

The Rohingya are a Muslim ethnic group who have lived in the predominantly Buddhist region of the Rakhine State of Myanmar for generations. Since the government of Myanmar does not recognize them as an official ethnic group, during the conflict, authorities took over much of the former Rohingya land. Forced to flee their homeland, nearly a million Rohingya live in makeshift camps on the outskirts of civilizations. Despite being disenfranchised, refugees try to have a way of life, but the seasonal flooding and tropical storms endemic to safe haven regions like Bangladesh prevent them from doing so. Due to decades of state-sanctioned discrimination, repression, and violence, the Rohingya refugees cannot return to their homes either.

The remaining 600,000 Rohingya who have been arbitrarily detained in Myanmar endure even worse conditions with no agency or freedom. Of the 72,000 children who are confined to these detention sites, 40,000 were born into imprisonment, and it is all they have ever known. Access to indispensable necessities like clean water, enough food, and adequate housing is limited in this squalid, stateless purgatory. Military officials impose strict curfews, unnecessary checkpoints, and barbed wire fencing, significantly affecting the Rohingya population’s right to movement. This directly violates the Universal Declaration of Human Rights, respective of Article 13. By depriving this community of their civil liberties and development rights, such as freedom to movement, food, water, and housing, the government is hardening the barrier of segregation to marginalize them from society permanently.

Figure 2 Young girl holding a child in detention sites in Myanmar. Source: Yahoo Images
Figure 2 Young girl holding a child in detention sites in Myanmar. Source: Yahoo Images

How did the crisis begin?

          Presently, in Sittwe, a town that was once home to approximately 75,000 Rohingya residents before 2012—constituting nearly half of the town’s population—only 4,000 individuals remain. Anti-Muslim sentiments across Myanmar marked the onset of a period of heightened oppression of the Rohingya in both policy and actions. Article 3 of the 1982 Law, on the other hand, positions taing-yin-tha, national race, and identity as an ongoing basis for recognition of citizenship. This meant that national race trumps citizenship, so even though Rohingya were born and raised in Myanmar, they can be kicked out because they are not a part of the national race. This environment set the stage for more severe and organized military atrocities in 2016 and 2017. The largest exodus of refugees is marked by military attacks that occurred in August of 2017 that resulted in the massacre of thousands, villages burned to the ground, and the whole community displaced. The war crimes that occurred offer a clear warning of Myanmar’s military to carry out ethnic cleansing and the government to support the internment of the Rohingya people. The brutality that played out in the Rakhine State is on par with apartheid, persecution, and imprisonment.

Figure 3 Rohingya landing on the shores of Indonesia. Source: Yahoo Images
Figure 3 Rohingya landing on the shores of Indonesia. Source: Yahoo Images

What is happening to Rohingya refugees in Indonesia right now?

Indonesia is turning away 150 Rohingya refugees from its shores because of local resentment about the arrival of boats carrying exhausted refugees. Due to the unending oppression in Myanmar and the growing risks of calamity in Bangladesh, refugees are now risking tumultuous sea voyages to seek refuge in neighboring countries like Indonesia. However, the growing influx of immigrants is a cause for concern for Indonesian residents. The Indonesian navy has intercepted a boat with Rohingya refugees as it neared the coast of Aceh. Aceh is the only state in the archipelago where 90 percent of the population follows Islamic law. The United Nations High Commissioner for Refugees (UNHCR) reported that since November 11 Rohingya boats have landed, and the refugees have relocated to informal sites, mainly in Aceh and one in North Sumatra. The attack on refugees is not an isolated incident but rather the consequence of an organized online campaign of misinformation, deception, and hate speech directed towards Rohingya.

In the escalation of hatred against the Rohingya, hundreds of students stormed a temporary Rohingya shelter in Indonesia’s western Aceh province, demanding their deportation. The students shouted and physically abused the migrants before forcing them onto trucks and transporting them to the government office responsible for immigration. Demands for relocation stem from local anger over the already limited resources that are overstretched to accommodate new arrivals. Residents do not want the refugees in their communities and have gathered to protest boat landings. The greater international pressure to provide fair asylum to Rohingya refugees is causing tensions to rise in Southeast Asian governments. It is unfair to expect these countries to deprive resources of their citizens instead of addressing the real issue.

What Can We Do?

The responsibility to end the worst forms of violence and persecution falls on the government of Myanmar. For instance, by cutting off the Myanmar military’s government funding, the revenue from the abusive operations can be allocated to the Rohingya people so they can finally experience justice.

The governments of Indonesia, Malaysia, and Bangladesh should pressure the government of Myanmar to be responsible for the genocide and displacement of the Rohingya people. By exerting the existing international obligations that require governments to take a number of actions to prevent and punish genocide, war crimes, and crimes against humanity, Myanmar will have to respond. It is a long road to repatriation, but placing pressure on governments and non-profit organizations ensures the onus falls on Myanmar to correct its wrongs.

The long-term root causes of the crisis must be addressed to quell the tide of hopelessness. However, until safe and dignified returns are guaranteed for Rohingya refugees, they will require emergency assistance in order to survive. Myanmar is strengthened as a state by its multi-ethnic, multi-religious makeup. With help from foreign governments and humanitarian aid, the Rohingya can work towards restoring their rights.

Brazil Decides in Landmark Court Case to Grant Land Rights to Indigenous

by Delisha Valacheril

Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.
 Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.

A jubilant celebration of color erupted as several indigenous leaders and activists gathered outside the courthouse adorned in tribal wear and brilliant headdresses to rejoice in the top court’s decision to rule in favor of their land rights. Dubbed the “trial of the century,” Brazil’s Supreme Court decided against a so-called cutoff date restricting Indigenous people’s claims to their traditional lands. Demarcation of ancestral lands is essential in preserving Indigenous human rights. By protecting these lands, indigenous communities can aid in conservation and preserve their cultural integrity. It is reported that 29% of the territory around indigenous lands in Brazil has been deforested, according to the Amazon Environmental Research Institute (Ipam). Now that the native people can access their roots, they can help preserve what is left. This decision also provides legal ramifications against land poaching or exploitation, which applies to several indigenous areas throughout the Amazon. Addressing historical injustices is a crucial step to ensuring that these communities can enjoy a more equitable and sustainable future.

Image 2. Tribal Chief at Land Protest. Source Flicker.

Context

On September 21st, the Federal Supreme Court had to decide whether or not the native people’s right to their territories predated the Constitution of Brazil formulated in 1988. The Justices followed the precedent set up by the Inter-American Court of Human Rights, which states that the right continues as long as their “material, cultural, or spiritual connection” with the land persists. This case has been brewing in the nation for quite some time. The dispute stems from Santa Catarina’s legal battle against the Ibirama-La Klãnõ Indigenous Land. The Xokleng tribe sought to regain their ancestral land from the state of Santa Catarina. The state used the “Marco Temporal” legal argument, which prohibited Indigenous Peoples who were not living on the land when Brazil’s current constitution was enacted in 1988 to apply for land demarcation. This is gravely prejudicial, given a significant part of the indigenous population was expelled and displaced during Brazil’s two decades of military dictatorship. Numerous tribal communities were killed and displaced due to that repressive system, which included the invasion of land, forced labor, displacement, and other human rights violations.

With this in mind, hundreds of activists have flocked to the capital, demanding respect for the rights that were stolen from them. These activists advocate for land traditionally occupied by indigenous people to be reserved for their perpetual possession. They are the natural owners of the land, so it should belong to them. They also argue that the natives can conserve the land much better than the local government. Traditional habits and customs of the indigenous are the most significant deterrent to deforestation. However, there are some critical opponents to this viewpoint. Individuals involved in the agribusiness sector and those on the far right are stronger than ever in National Congress, upholding the time limit principle. This decision opposes their farming interests because they want that land to grow their business. Currently, Indigenous reservations cover 11.6% of Brazil’s territory, notably in the Amazon. This area is rich in biodiversity, making it ideal for agricultural commodities. However, ruling against business interests could exacerbate violence against Indigenous peoples and escalate conflicts in the rainforest.

Image 3. Indigenous People Protesting Brazil Government. Source Flickr.
Image 3. Indigenous People Protesting Brazil Government. Source Flickr.

Historical Significance

The Xokleng, the tribe responsible for taking this case to the highest court in the country, was nearly wiped out by Italian settlers who were granted “uninhabited” land in the State of Santa Catarina by the Brazilian government during the 20th century. They were pursued by “bugreiros,” or hired hunters, who were sent into the forest to hunt down and exterminate the Amazon’s native inhabitants. After that mass extermination, how can the government uphold such a discriminatory precedent? The Xokleng are the rightful owners of the land because the Brazilian government forcibly removed them. Marco Temporal is a complete infringement on human rights. The tribe was almost decimated in the 1900s, and the law stated indigenous people living on the land past 1988 had a right to the land. Examining this from a historical viewpoint further illuminates the egregiousness of the situation. The Supreme Court of Brazil found this law inherently unfair because the same government that invaded indigenous lands could not decide on the legality of their land rights.

Conclusion

While this is a historic milestone for indigenous communities, the work is not over. Though land demarcation is critical in the pursuit to secure the rights of Indigenous Peoples, it does not, by itself, sufficiently protect ancestral land. We must hold the government accountable to implement an active, systemic policy that enshrines Indigenous rights from violence, especially violence committed by anyone who illegally trespasses into their territory. Additionally, they must have unhindered access to their territories. From a human rights standpoint, defending indigenous rights is critical because it resolves past wrongs, assures access to necessities, fights discrimination, and upholds justice, equality, and respect for the dignity of all people and communities.

The State of Gun Violence in the United States

by Caitlin Cerillo

An image that depicts a person holding a gun. Three angles of the world are shown next to it with a red circle over the United States. This depicts gun violence as a serious issue in the United States.
An image that depicts a person holding a gun. Three angles of the world are shown next to it with a red circle over the United States. This depicts gun violence as a serious issue in the United States. Source: Yahoo Images

Gun violence has always posed a serious threat in the United States. Gun violence can come in many forms, such as homicides, suicides, accidental shootings, mass shootings, and more. It is important to notice that this blog will be about gun violence in the context of the United States. Recent decades have seen a significant spike in acts of gun violence, particularly mass shootings. Although a universally agreed-upon definition of what exactly constitutes a mass shooting does not exist, it generally entails around a minimum of four individuals being shot and/or killed. This does not have to include the perpetrator.

According to the Gun Violence Archive, well over 600 mass shootings occurred in 2023 alone. These shootings result in the lives of innocent individuals being taken, as they can occur in a wide range of places. These include places of worship (like synagogues and churches), concerts, movie theaters, grocery stores, educational institutions, parades, sports events, and more. Just six years ago, the deadliest mass shooting in United States history occurred at a country music festival in Las Vegas. This resulted in the death of 60 people and over 400 injured.

While I have not been directly affected by a mass shooting, I vividly remember hearing about mass shootings in schools since I was in elementary school. The first one was the shooting that occurred at Sandy Hook Elementary School in Newtown, Connecticut, in 2012. A few days after the shooting, I remember my fourth-grade teacher speaking to us about the precautions our class would have to take in the event we were to encounter an active shooter in our school. In 2018, the Marjorie Stoneman Douglas High School shooting occurred when I was in 10th grade. I remember being afraid to go to school the next day. Since then, mass shootings have continued to happen each day, where innocent lives have been taken. People should not have to fear going to school, practicing in places of worship, seeing a movie in a theater, attending their favorite artists’ shows, or going to the grocery store. They should not have to plan places to hide in the event of an active shooter. This poses a number of important questions: Why is gun violence, specifically mass shootings, such a huge problem in the United States? What does this mean for United States citizens’ safety? What can be done and has been done to prevent these acts of terror?

The U.S. in Relation to Other Developed Countries

The context of mass shootings in relation to other countries is important to take into consideration when understanding the significance of this issue. In comparison to other developed countries, which are defined as states with a high Human Development Index (HDI), the United States surpasses all of them regarding the occurrence of mass shootings. According to data retrieved by Jason R. Silva from William Paterson University, “the US is the only developed country where mass shootings have happened every single year for the past 20 years.” Silva is an assistant professor in Sociology and Criminal Justice with a Ph.D. in Criminal Justice. He specializes in the area of mass shootings, media and its relation to crime, and violence in educational institutions. To find his data, Silva uses the same general definition of mass shootings mentioned earlier in this article: a minimum of four individuals either shot or injured, not including the shooter.

One of the leading causes of the United States’ high rates of mass shootings compared to other countries could be the relaxed gun laws and policies—or lack thereof. Gun control has become a heated topic of discussion among United States citizens, and the debate regarding its effectiveness has gained traction due to the heightened occurrences of mass shootings. Gun control can come in many forms, like the outright ban of specific gun models like the AR-15 and other assault-style weapons, the implementation of universal background checks, safe storage laws, or stronger requirements for those who want to purchase guns. Gun control does not necessarily mean that all guns will be eradicated from the country, which is a popular assumption among opponents of gun control.

Opponents of gun control and regulation also argue that it would violate the Second Amendment of the Constitution, which guarantees the “right to bear arms.” The Second Amendment possesses some relevant historical context, as it was originally intended to grant United States citizens the Constitutional right to form “a well-regulated militia” to protect their communities during the Revolutionary War. However, the context of society has changed. These state militias—while still existing in some states—do not serve the same purpose they did centuries ago. Proponents, on the other hand, assert that the protection of the Second Amendment comes at the cost of protecting people from senseless acts of gun violence.

A group of demonstrators at a March for Our Lives rally advocating for gun reform in June 2022.
A group of demonstrators at a March for Our Lives rally advocating for gun reform in June 2022. Source: Yahoo Images

The Role of Gun Culture

United States gun culture can also be a contributing factor to the nation’s ever-growing rise in mass shootings and gun violence. “Gun culture” refers to the specific attitudes, beliefs, behaviors, and feelings that society (or any social group) possesses regarding firearms. The term was first coined by Richard Hofstadter in 1970, who published an article titled “America (United States) as a Gun Culture,” which critiqued the country’s normalization and glorification of guns. This article was far ahead of its time, and I recommend giving it a read if you’re interested in learning more about the history of the United States’ gun culture.

In the article, Hofstadter talks about the historical context of the United States’ fascination with guns. It began as early as the Revolutionary War when the Pennsylvania rifle was used by British troops. Since then, guns have become integrated into everyday life, from hunting for food to entertainment and sport. Even in modern popular culture, the depiction of guns is typically associated with famous characters like James Bond, John Wick, and “Maverick” from Top Gun. Toy guns are constantly advertised to young children—particularly young boys—as a way to establish their “masculinity.” Additionally, video games glamorizing gun violence have amassed popularity among young people. While these examples are not the sole reason gun violence has taken a toll on the country, it’s important to note their contribution to the overall gun culture in the United States.

Last semester, I took a course on Human Rights taught by Dr. Greenstein, an assistant professor in UAB’s department of Political Science and Public Administration. We had the option to create a project pertaining to any topic regarding human rights. As the issue of gun violence is a direct violation of human rights in a multitude of ways, I chose to create a photo collage depicting the sensationalizing of firearms. I intentionally used one method of finding photos for the collage to further drive the point that gun sensationalism is extremely prevalent. To no surprise, all I had to do was walk into Walmart, where I found a whole section of firearm magazines. Each of the magazines portrayed the firearms in ways that one may find appealing, with eye-catching text, edited graphics, depictions of guns with the United States flag, and more. This shows that the sale of firearms is a lucrative business, willing to draw anyone into purchasing them.

This image depicts a photo collage made from magazine clippings. "GUNS" in big, yellow letters appear along with numerous photos of firearms.
The collage I created for a Human Rights course I took last semester shows the heavy marketing perpetuated by the gun industry. This contributes to the spread of gun culture. Source: Caitlin Cerillo

Through these examples, it can be seen why guns are normalized in our country and how they can influence the number of devastating acts caused by firearms. For this reason, steps should be taken to diminish its weight. An article by the National Library of Medicine that echoes this same sentiment urges pushing a narrative that “frames gun violence as a public health issue that has consequences on the health of the general population.” The article also mentions the importance of public advocacy through movements such as March for Our Lives, which was founded in the wake of the 2018 school shooting at Marjorie Stoneman Douglas in Parkland, Florida. March for Our Lives has advocated for the end of gun violence through protests, marches, public demonstrations, and more.

Progress in Tackling Gun Violence 

While gun violence and the epidemic of mass shootings in the United States continue to be a huge problem, positive strides have been made to reduce it. September 2023 saw the country’s first Office of Gun Violence Prevention, established by the Biden administration. In October 2021, the Bipartisan Safer Communities Act was proposed, and by June 2022, it was signed into law by President Biden. The act aims to prevent gun violence by:

1) Offering mental health resources and guidance to state governments and schools so that mental health services are available in educational settings.

2) Implementing new gun control laws like extended background checks, implementing stricter punishments for the traffic of illegal firearms, etc.

3) Preventing funds from being used improperly and towards the provision of firearms and dangerous weapons.

President Joe Biden announced the Office of Gun Violence Prevention in September 2023, alongside Florida Congressman Maxwell Frost and Vice President Kamala Harris.
President Joe Biden announcing the Office of Gun Violence Prevention in September 2023, alongside Florida Congressman Maxwell Frost and Vice President Kamala Harris. Source: Yahoo Images

Through the establishment of the Office of Gun Violence Prevention, the Biden administration hopes to expand upon the progress made towards preventing gun violence, like the passing of the Bipartisan Safer Communities Act. As of January 25, 2024, the Biden administration has announced new initiatives to promote the safe storage of firearms. Jill Biden and Education Secretary Miguel Cardona have worked together to spread awareness about how important safe storage is, especially because most firearms—approximately 76%—used in school shootings are acquired from the shooter’s home.

The Politicization of Immigration and the Notion of Invasion: Human Rights Violations on the US-Mexico Border

 

by Lexie Woolums

Trigger Warning: This post discusses immigration, including physical barriers for migrants. The article includes a discussion of some drownings and other instances of death.

 

Broadly speaking, migration is not a new concept. The United States was built by people who were not from here, including people who were forced to come here through enslavement and others who were violently moved against their will through the relocation of indigenous peoples on the Trail of Tears. There have been different waves of immigration, where different crises from around the world prompted people to come to the United States seeking better opportunities.

For example, from 1845 to 1855, around 1.5 million Irish people settled in the United States due to potato blight combined with Britain’s colonial control that forced available crops to be exported out of Ireland. More recently, the US has admitted nearly 300,000 Ukrainians since Russia invaded Ukraine in February 2022. There are many more examples of this, from Italian immigrants moving to the US in search of economic opportunities around the turn of the twentieth century to the influx of Puerto Rican immigrants after World War II due to economic depression in Puerto Rico, cheaper air travel, and job opportunities in the US.

A black and white photo of men wearing clothing from the early 1900s. The men are carrying suit cases and standing in a line at Ellis Island after arriving in the US.
Figure 1: Immigrants at Ellis Island c. 1900, Source: Yahoo Images

It’s no secret that not all migrants are treated the same—a concept that Danah Dibb previously wrote about on the blog. Additionally, my colleague, Kala Bhattar, wrote an article that discusses two specific scenarios that effectively demonstrate how politicized immigration has become in the US—one with Governor Greg Abbott of Texas sending busloads of migrants to Vice President Harris’s neighborhood and one with Governor Ron Desantis of Florida sending planeloads of migrants to Martha’s Vineyard in Massachusetts—scenarios that in any other context would be considered human trafficking.

 

Politicization of Immigration in the US

According to a 2023 Gallup poll, the percentage of people who want immigration to decrease peaked in the mid-nineties with 65 percent of Americans against immigration. In a near all-time low, this number was 31 percent in 2018. Today, that percentage lies around 41 percent—an increase from 2018 but much lower than it was at its peak and still a minority of the polled population.

For much of the 1990s, both major political parties shared similar views on immigration (though they may have disagreed on the way to do things), but that started to change around 2006 and has become much wider today. Today a Democrat is twice as likely to share the view that immigrants strengthen the economy compared to a Republican.

Various presidencies have highlighted different aspects of immigration in the United States, but it has become a topic that is far more divisive in the wake of the Trump Administration. Former President Trump’s stance on immigration was well-known and relatively simple—build a wall to prevent illegal immigration. He favored a policy of “busing and dumping” immigrants to states that had pro-immigration policies; additionally, he also made comments about securing the border from “rapists and criminals” despite the fact that first-generation immigrants are predisposed to lower crime rates than native-born Americans. Throughout his presidency, Donald Trump became known to make off-the-cuff remarks—especially about immigration—that were frequently called out for being racist and xenophobic.

As the President of a free country that is as powerful as the United States, having views like this stirred uneasiness across the United States, especially among minority populations. This rhetoric of invasion is not new, but it does fuel extremism and racism.

 

Operation Lone Star

Republican Governor Greg Abbott of Texas launched Operation Lone Star in March 2021, shortly after President Biden took office. Governor Abbot has sent state troopers and members of the National Guard to the US-Mexico border as a part of the operation. Additionally, the Rio Grande River has been lined with various obstacles, from shipping containers to concertina wire. This is all under what is known as Operation Lone Star, which is a multibillion-dollar operation to mitigate illegal immigration and smuggling at the US-Mexico border. According to the Operation Lone Star website, the agency fills in the Biden Administration’s “dangerous gaps [due to its] refusal to secure the border.” It also regularly buses migrants to sanctuary cities.

Governor Abbott has coined the situation at the US-Mexico Border an “invasion,” which he claims allows him to invoke the invasion clauses in the Texas and US Constitutions. Through this rationale, he has the authority to defend the border through his own policies, even though immigration policy has been under the jurisdiction of the federal government since the 2012 landmark case of United States v Arizona. Human rights advocates have warned of the danger of referring to the border as an invasion since most migrants are seeking to claim refugee legal status and are not attacking the United States in any sense. University of Texas law professor Barabara Hines called this notion of invasion “unprecedented and extreme.” Additionally, Operation Lone Star is under investigation by the Department of Justice to determine if it violates the Civil Rights Act of 1964. More specifically, the department is investigating if the state agency is subjecting individuals to “differential and unlawful conditions of confinement based on their perceived or actual race or national origin.”

Four men in military uniforms stand with another man wearing a maroon button down.
Figure 2: Members of the Texas Military Forces pose for a picture with representatives of the Remote Area Medical Foundation, Source: Yahoo Images

The Rio Grande River serves as a natural boundary between the United States and Mexico. Over the summer, national attention was brought to Texas when Governor Abbott announced that the agency would be implementing a 1,000-foot-long string of buoys with serrated blades in between them, with a mesh net that would connect them to below the surface. More specifically, the Texan government stated that they were installing the “new floating marine barriers along the Rio Grande River in Eagle Pass” in an effort to “help deter illegal immigrants attempting to make the dangerous river crossing into Texas.”

 

Human Rights Concerns

According to the Texas Department of Security, there has been at least one body found caught on the Southern side of the buoys, but they claimed that this body was initially upstream of the floating device and floated into it. Later, the body of a 20-year-old Honduran man was recovered, but it was reportedly upstream of the floating device.

Human rights groups have criticized the floatation device with concerns about humanitarian hazards such as migrants becoming caught in the device or drowning due to its placement. Even without the floatation buoy, crossing the border is extremely dangerous. Even before this barrier was implemented, migrant deaths on the US-Mexico border have hit an all-time high. In the 2022 fiscal year alone, over 800 migrants died trying to cross the US-Mexico border, largely from drownings. This stretch of the border is so dangerous that the United Nations migration agency declared the US-Mexico border as the deadliest land border in the world.

Beyond the buoys, numerous reported human rights concerns with Customs and Border Protection (CBP) exist. According to a 2023 report by WOLA, the Washington Office on Latin America, migrants are frequently treated poorly by CBP, which is the largest law enforcement agency in the US. One of the cases in the report is about an 8-year-old Panamanian girl named Anadith Danay Reyes Alvarez, who died in custody of CBP because she was denied a critical heart medication. Specifically, the report notes that this death was preventable.

Engraved sign on a concrete building that reads " U.S. Customs and Border Protection."
Figure 3: US Customs and Border Patrol Building in Washington, DC, Source: Yahoo Images

Another issue is that accountability for CBP officers is extremely rare. The same report states, “Most of the cases … would have gone completely unknown without reporting from victims and those, outside of government, who accompany them. That such abuses are happening so frequently at CBP and Border Patrol indicates that the Department of Homeland Security’s (DHS) accountability system has done little to dissuade or disincentivize them.” A 2023 study found that 95 percent of complaints from 2010-2022 did not have a proper investigation.

In addition to the numerous reported concerns of CBP abuses, CBP followed a Congressional policy change in September 2021, which means that the agency only reports the deaths of people who died while in CBP custody. Though this change may not necessarily be bad, it is concerning when there are reports of CBP officers lying to migrants about where to go since this puts them at a higher risk of sickness or death that would not be counted in the CBP reports under the new policy (if the person is no longer in CBP custody when they die).

The US CBP came out with a policy known as “prevention through deterrence” in 1994. This policy sought to block popular crossing spots and push migrants into the dangerous areas of the sea and river crossings.  In theory, this would show migrants how dangerous the crossing is so that if they are caught and sent back (which often happens when migrants cross illegally), they would not attempt to cross again. However, it is no secret that this strategy is not effective in reducing the number of crossings. According to an article by the London School of Economics, this approach has not been effective in limiting the number of migrants seeking to enter the US but has increased the number of fatalities.

A view of a bluish green river stretching through the desert. Mountains are present in the background. The shore of the river is mostly sand, with some short green shrubbery present.
Figure 4: A Portion of The Rio Grande River in Texas. Source: Yahoo Images

Additionally, the American Civil Liberties Union (ACLU) has condemned Operation Lone Star’s instructions for Texas officials to push young children and nursing mothers back into the Rio Grande. According to the article, Texas uses harmful techniques like razor wire, even after children have been injured and one woman miscarried while stuck in the wire.

Sarah Mehta, ACLU senior border policy counsel, stated, “Texas must immediately stop intentionally endangering the lives of migrants seeking protection at the border. The federal government must also act by investigating these damning allegations and by the Department of Homeland Security decisively ending its own collusion with Operation Lone Star, which has facilitated and encouraged Texas’s expansion of a proven human and civil rights disaster.”

 

Federal Response

The Biden Administration has criticized this, citing the Rivers and Harbors Appropriation Act of 1899, which prevents the “creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States.” This act gives the Army Corps of Engineers authority to regulate all navigable waters through permitting. The federal lawsuit against Texas also alleges they did not get a permit from the Army Corps of Engineers before placing the barrier on the river.

The federal government initially asked Texas officials to remove the barriers. Governor Abbott replied in a letter that stated, “Texas will see you in court, Mr. President,” implying that Texas would not remove the buoys without legal action. Subsequently, the Department of Justice sued Texas and asked a judge to make Texas remove the buoys.

US-Mexico border coordinator Hillary Quam expressed concern in an affidavit that accompanied the request to a federal judge to have the barriers removed: “If the barrier is not removed expeditiously, its presence will have an adverse impact on U.S. foreign policy, including our relationship with the government of Mexico.”

The request of the federal government was granted by Federal District Judge David A. Ezra, who ruled that Texas must remove the floating barriers. Legally speaking, he issued a preliminary injunction, which preserves the status quo until final judgment (the final ruling of the court). In essence, this meant that the buoys would need to be removed until the case reached its final court decision. Ezra stated the following in the discussion: “Governor Abbott announced that he was not ‘asking for permission’ for Operation Lone Star, the anti-immigration program under which Texas constructed the floating barrier. Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.”

Governor Abbott’s office appealed this ruling, stating that Texas “is prepared to take this fight all the way to the Supreme Court.” The federal appeals court granted the request to halt the temporary injunction, but a hearing date has not been set, so the floating barrier remains in the Rio Grande until a further decision is made.

 

Mexican Response

The Mexican government has criticized the placement of these buoys, claiming that the placement is a violation of their sovereignty. More specifically, they have referenced that the presence of these buoys violates the Mexican Water Treaty of 1944.

Regarding the bodies, the Mexican government issued the following statement: “We express our concern about the impact on the human rights and personal safety of migrants that these state policies will have, which run counter to the close collaboration between our country and the federal government of the United States.”

A spokesperson for Governor Abbott claimed that the Mexican government was “flat-out wrong,” stating that neither body was attempting to cross the floating barriers.

 

Conclusion

It has been over 40 years since Congress reformed the US immigration system. According to the Center for American Progress, putting undocumented immigrants on a path to citizenship would increase the US GDP by $1.7 trillion over the next decade. According to the Pew Research Center, immigrant families are expected to comprise 88 percent of the US population growth through 2065. To say that reform is necessary is an understatement.

As I mentioned at the start of this article, migration is not a new concept. Unfortunately, it has been used as a political pawn in many ways. From the rhetoric of dangerous crime to the mentality that immigrants “take all the jobs,” misunderstanding has been weaponized against groups of people for a long time, and that likely will not change until we learn to be more compassionate and think of better solutions for our broken immigration system.

A group of protesters standing with a large red sign. The sign reads "New Yorkers for Real Immigration Reform." Underneath, it says "Citizenship Now! Keep Families Together! Protect Workers! Safeguard Civil Rights!"
Figure 5: Protesters in New York City. Source: Yahoo Images.

Additionally, it is important to be critical of political officials who weaponize differences and prey on misunderstanding to further their own political agenda. To label such a diverse group as one negative thing that threatens the authority and safety of the United States is not only racist and xenophobic, but it undermines the value of the diverse groups of people who built this country (including the people who were forced to migrate to and build this country, whose impact often goes unrecognized even today). This portrayal minimizes the value of people with diverse experiences and limits the discussion of how crucial immigrants have been and continue to be in the US.

It is also imperative to recognize how slavery, forced assimilation, and genocide have both formed the social hierarchy we have today and continue to perpetuate racism, especially in the context of immigration. If you have not heard of the concept of “passport privilege” (including simply having a passport) or the connotative distinction between the words immigrant and expatriate or expat (not just their dictionary definitions), I highly recommend learning these concepts. It is important to examine where you fit within them, and which preconceived (perhaps racist) notions you might carry about a person based on job, skin color, accent, religion, or anything else.

Society will not change unless individual people change, so even if there is limited direct political action to take as of right now, there is still a lot of room to grow your understanding of these concepts so that racist institutions can be better understood and effectively dismantled.

Tragic Killing of a Corporal and the Urgent Need to End Female Genital Mutilation

by Grace Ndanu

The Kenya Girls Guide Association hosted a rally against FGM during 16 Days of Activism in 2011.
The Kenya Girls Guide Association hosted a rally against FGM during 16 Days of Activism in 2011. Source: Yahoo Images

The killing of Corporal Mushote Boma on December 15, 2023, in Elgeyo Marakwet County, Kenya, has brought to light the deeply entrenched issue of female genital mutilation (FGM) and the urgent need for increased awareness and action to eliminate this harmful practice. The tragic incident, where Corporal Boma was stoned to death by a mob of young men after rescuing a group of girls who had been forced to undergo FGM, signifies a significant setback in the fight against this violation of human rights in Kenya.

Female genital mutilation, also known as female genital cutting or female circumcision, is a practice that involves altering or injuring the female genitalia for non-medical reasons. FGM is a harmful practice and a violation of the rights of girls and women. It can lead to severe physical, emotional, and psychological consequences, including but not limited to severe bleeding, infections, complications during childbirth, and long-term psychological trauma. The World Health Organization (WHO) has classified FGM into four types, with type 3 being the most severe, involving the removal of all external genitalia and the stitching of the vaginal opening.

According to reports, the incident involving the Corporal occurred when the police were taking the rescued girls to the hospital after the illegal FGM procedure. It is a grim reminder of the challenges faced by law enforcement officers and activists in combating such deeply rooted harmful practices. Despite the ban on FGM in Kenya, the practice still persists in certain areas, often conducted during school holidays, using crude methods and tools by individuals who continue to defy the law.

It is essential to understand that the practice of FGM is not limited to Kenya but is prevalent in many African countries, as well as in some parts of Asia and the Middle East. The complexity of cultural, social, and traditional beliefs and practices surrounding FGM makes the fight against it particularly challenging.

An infographic on FGM, including information about how many girls and women are impacted by it, practiced in over 30 different countries around the world. Source: Yahoo Images
An infographic on FGM, including information about how many girls and women are impacted by it, is practiced in over 30 different countries around the world. Source: Yahoo Images

In the wake of Corporal Boma’s tragic killing, there is an urgent need for heightened awareness and education about the dangers of FGM. The involvement of communities, religious leaders, and other stakeholders is crucial in effectively addressing and eliminating this harmful practice. There is a pressing need for community-based interventions focused on education, awareness, and empowering women and girls.

Furthermore, it is imperative for the Kenyan government and other relevant authorities to take decisive action and strengthen the enforcement of laws against FGM. Perpetrators of FGM must be brought to justice to send a clear message that this harmful practice will not be tolerated in any form. The government should collaborate closely with local organizations and international partners to develop and implement comprehensive strategies to combat FGM effectively.

The media can play a pivotal role in raising awareness about FGM and shaping public opinion on the issue. Media campaigns and educational programs can provide crucial information on the physical and psychological consequences of FGM, dispel myths and misconceptions, and promote positive social norms around the issue. Additionally, the media can highlight success stories of communities that have abandoned the practice of FGM, inspiring others to follow suit.

At the global level, the international community plays a vital role in supporting efforts to combat FGM. International organizations, including the United Nations and its specialized agencies, as well as non-governmental organizations, have been advocating for the elimination of FGM through various programs and initiatives. These efforts range from providing direct assistance to affected communities, conducting research and data collection, advocating for policy changes, and supporting grassroots organizations working at the local level.

Some resources laid out for community members to learn about the dangers of FGM. It includes pamphlets, brochures, and a 3D model used to teach about different types of FGM.
Some resources are laid out for community members to learn about the dangers of FGM. It includes pamphlets, brochures, and a 3D model used to teach about different types of FGM. Source: Yahoo Images

The killing of Corporal Mushote Boma serves as a stark reminder of the urgent action needed to eliminate the harmful practice of female genital mutilation. It is crucial to work collectively to raise awareness, educate communities, and enforce laws to protect the rights of girls and women. This tragic incident must galvanize individuals, communities, and governments to address FGM comprehensively and put an end to this barbaric practice.

The world must unite to protect the rights and well-being of girls and women globally and ensure that no one else suffers the same fate as Corporal Mushote Boma. By fostering a culture of respect for human rights and gender equality and by promoting positive social norms and behaviors, we can strive to create a world where every girl and woman has the right to live free from the fear and trauma of female genital mutilation. Together, we can work towards a future where every girl and woman can fulfill her potential without being subjected to the physical and emotional pain of FGM.

The tragic killing of Corporal Boma is a solemn call to action, and it must be responded to with determination, compassion, and unwavering commitment to bringing an end to the harmful practice of female genital mutilation once and for all.

Humanitarian Concerns About Methods of Execution

Two hands are using a syringe and needle to pull medication from a small glass vial.
The lethal injection may not be as ethical as it is made out to be. In this image, two hands are using a syringe and needle to pull medication from a small glass vial. Source: Yahoo! Images

 

Content Warning: semi-graphic descriptions of death.

In my most recent article, I approached the issue of capital punishment by taking a broader, more philosophical stance on the ethics of taking the life of a person who has committed a crime. In this article, I will dive into the human rights issues we face when we take a closer look at the methods used to execute convicted criminals. 

While researching for my last article, I fell into a rabbit hole of the methods that States use to execute people. Many states still have firing squads, gas chambers, and hangings as alternatives to lethal injection. Many states have single-drug injections where the person being killed feels their lungs fill with liquid and experiences the paralysis of their respiratory muscles, effectively choking and drowning them in their own bodies. Even during multi-drug lethal injection, it is probable that inmates are still able to feel their death even after anesthesia is given. Many inmates have twitched or moved after the injection, a clear sign that they are not fully anesthetized, including one case where a person fully sat up after being given the lethal injection, proving that his body was not anesthetized and he was experiencing the effects of the lethal drug. Click here to read a description of each of the five most common methods of execution.  

Despite many different execution methods being an option for some prisoners, lethal injection is the standard practice today, as it is seemingly the most ethical. Unfortunately, there is a growing mound of research suggesting that that may not be true. One article in particular, titled Gasping For Air: Autopsies Reveal Troubling Effects Of Lethal Injection has been haunting me since I read it a few months ago and led me to choose this topic to write about this month. It is very informative and I recommend reading it if you would like to continue your research into this topic. 

 

A barbed wire fence in front of a dusky sky
Click here to read an article by my coworker Kala Bhattar recounting the prison crisis in Alabama. It brings to light just how unforgiving and punitive Alabama tends to be in dealing with people who break the law. In this image, a barbed wire fence in front of a dusky sky. Source: Yahoo! Images

 

Alabama’s recent track record with lethal injections does not help the argument for the ethicality of the method. While researching, I came across too many horror stories of Alabama completely mishandling executions to recount them all. There will be a list of links at the end of this article to the stories that I could find. In November 2022, Governor Kay Ivey called to halt executions across the state because of a series of three botched executions in a row. All three, including Alan Miller, Kenneth Smith, and Joe Nathan James involved the inability of Alabama Department of Corrections (ADOC) workers to set an IV line for the drugs to be administered intravenously.

Unfortunately, this is a common theme in executions by lethal injection. As outlined in the Hippocratic Oath, doctors are not allowed to assist in setting the IV line for execution and most nurses refuse because of similar pledges to “do no harm.” This leaves the entire medical procedure of lethal injection in the hands of Department of Corrections (DOC) workers who are not trained in administering intravenous drugs. They often have a hard time obtaining medical training for this procedure because of the ethical restraints of the medical field and the lack of resources put towards obtaining training. DOC workers often puncture or “blow out” the veins of the arms and hands, rendering them unusable for intravenous injections. They then move on to veins in other areas, including the feet, inner thighs, stomach, collarbones, and forehead, blowing those out as well until they get lucky enough to place one without destroying it.

 

A hand with an IV line and a heart rate monitor on the thumb. The person’s arm is covered in a blue medical gown.
Setting an IV line is a standard procedure, but it requires extensive training and medical practice to perfect. The lack of training of DOC workers subjects inmates to excessively being poked by needles all over their bodies for hours on end. In this image, a hand with an IV line and a heart rate monitor on the thumb. The person’s arm is covered in a blue medical gown.Source: Yahoo! Images

 

Alan Miller had his execution called off after the workers attempting to set an IV line took so long that his execution warrant expired. Kenneth Smith’s execution warrant expired while waiting for his case to be heard by the Supreme Court, leaving him strapped to the execution gurney for almost four hours, at least two of which were devoted to placing an IV.

In July 2022, Mr. Joe Nathan James became the victim of the longest-recorded execution in United States history. Faith Hall was murdered in 1994 by her ex-boyfriend Mr. James, who was sentenced to death row in 1996, where he sat until 2022. During this time, the family of Faith Hall petitioned the governor’s office and the Department of Corrections multiple times to express their disapproval of Mr. James’ death sentence and to ask Governor Ivey to pardon him. ADOC took over three hours, allegedly attempting to set the IV line, although it is unsure what was actually going on in that room during this time. His execution was scheduled for 6:00 PM, but observers were not let into the room until 8:57. After repeatedly puncturing, blowing out, and destroying Mr. James’ veins, they finally set the IV correctly and preemptively delivered the anesthetic before the curtain was even opened, violating his right to hear his death warrant read aloud and taking away his chance to speak his last words. To add insult to injury, the family of Faith Hall wished to attend Mr. James’ execution long enough to show him that they forgave him and to hear his last words, then leave before the execution began. They did not get to fulfill these wishes after ADOC told them that leaving before the execution wasn’t an option, saying, “Once you’re in, you’re in.” 

On the day of the execution, in an embarrassing set of events, award-winning reporter for AL.com, Ivana Hrynkiw, was told by ADOC workers that she could not attend the execution because her skirt was too short and her open-toed shoes were “too revealing.” She had worn that same skirt to at least three executions before this one. A cameraman from a different media outlet offered her a pair of fishing waders with suspenders that he had in his car, and she attended the execution wearing those. Kim Chandler, another female reporter from the Associated Press, was subject to a clothing inspection before being allowed to enter the facility. It is thought that this was ADOC’s excuse to stall the entrance of media and guests into the observation room and to justify the three and a half hours that are unaccounted for. This entire execution was a nightmare for everyone involved. Following this was the failed executions of Alan Miller and Kenneth Smith, which led to Governor Ivey halting all executions. 

 

A row of open prison cells alongside a wall. They are made of gray bars and have sliding doors.
From the moment these people are put on death row, all of their human rights are violated. They are stripped of all of their liberty, all of their property, all of their dignity, and all of their humanity while patiently awaiting being stripped of their life. In this image, a row of open prison cells alongside a wall. They are made of gray bars and have sliding doors. Source: Yahoo! Image

 

Many people, including many church leaders, have petitioned Governor Ivey to do away with capital punishment altogether. Many people in all areas of the political spectrum have called out Governor Ivey’s hypocrisy in her intense opposition to abortion rights, citing the sacredness of life while also denying clemency to every death penalty case that has ever crossed her desk. In 2019, she denied clemency to Micheal Samra, a man with borderline intellectual functioning who was only 19 at the time of his crime, the day after passing a state-wide abortion ban. 

“Every life is precious and every life is a sacred gift from God…”

– Governor Kay Ivey, the day before the execution of a teenage offender.

Instead of listening to the cries of its citizens, Alabama has authorized an execution protocol for the use of an untested execution process, nitrogen hypoxia. This entails replacing all of the oxygen in a person’s lungs with nitrogen until they suffocate and essentially drown in gas. Veterinarians consider nitrogen hypoxia an ethically unacceptable practice for the euthanasia of animals. To make matters worse, Alabama wants to test this new method on Kenneth Smith just a few months after subjecting him to his first failed execution horror story. This new method, on top of being a terrible and excruciating death for the person subjected to it, may entail dangers for the executioners and spiritual advisors in the room. In Ramirez v. Collier (2022), the Supreme Court ruled that inmates being executed have a right to be touched by a spiritual advisor during and throughout their executions, but nitrogen hypoxia may infringe on this right, making it unsafe for a person to be within close proximity to them. 

A man asleep on a hospital bed with an oxygen mask covering his nose and mouth.
Caryl Chessman was executed in 1960 by hypoxia and told reporters that he would nod if it hurt. Witnesses watched him nod for multiple minutes straight before falling unconscious. Source: Yahoo! Images

I can understand arguments for capital punishment in theory. I can understand the societal benefit of executing extremely violent repeat offenders who pose an ongoing threat to others. Death may even be more humane than life-long solitary confinement in cases where those are the only two options to prevent someone from causing more harm to others. If we lived in a world where we could guarantee that an execution would be painless, quick, and respectful and that the dignity of the person being executed could be maintained, we might have grounds for capital punishment in extreme cases. But right now, the research is unsure about the experience of people receiving a lethal injection, DOC workers are not qualified to perform the medical procedure of euthanasia, and the vast majority of people receiving the death penalty are one-time offenders who are remorseful for their crimes. I cannot fathom justifying capital punishment under these conditions, especially as it is practiced in the state I call home, Alabama. 

We cannot sit back and watch our Department of Corrections ask an unconscious man for his last words before executing him in silence as if his final thoughts were not worth hearing. We cannot stay silent in a state whose government will soon begin putting people in gas chambers to suffocate and drown in their own lungs, calling it justice. We cannot call ourselves humane if we support forcing other humans to experience the sensation of fire in their lungs from pulmonary edema after not being anesthetized properly, the pressure in their skulls growing until their eyes bulge from their sockets, or the terror of being strapped to your death bed for four hours straight while untrained executioners continuously prick your entire body. We must stand up for the human rights of the humans on death row.

Alabama mishandled executions: 

April 22, 1983 – John Evans

July 14, 1989 – Horace Dunkins, Jr.

December 8, 2016 – Ronald “Bert” Smith

October 17, 2017 – Torrey McNabb

February 22, 2018 – Doyle Hamm

July 28, 2022 – Joe James

September 22, 2022 – Alan Miller

November 17, 2022 – Kenneth Smith

July 21, 2023 – James Barber 

Most of my research for this case was from the Death Penalty Information Center. This is an incredibly holistic and in-depth database regarding the death penalty in the United States.