Human Rights Issues – Page 17 – UAB Institute for Human Rights Blog

Oil: The World’s Black Gold?

Known as black gold, petroleum has long been, a valuable resource that many of us benefit from during our daily lives. The petroleum industry’s products range from transportation to even the feedstocks that make the “plastics and synthetic materials that are in nearly everything we use.” Shockingly, the United States has consumed almost 7.5 billion barrels of oil per year, with about 46% of it used as motor gasoline. However, “there is an alarming record of human rights abuses by governments and corporations associated with fossil fuel operations,” ranging from relocation to even suppression of critics.

What is Petroleum?

An image of a pipe pouring some type of green substance, oil in particular, into a barrel. — Recirculated petroleum is pumped from the well by a replica steam engine. Source: Wikipedia, Creative Commons.

Known officially as crude oil, petroleum is a fossil fuel that can be found underneath the Earth’s surface in areas known as reservoirs. Petroleum is mainly used for gasoline that fuels most cars in the world. Petroleum is also used as diesel, jet fuel, heating oil, propane, and others.

However, petroleum is not just a fuel source. Many factories and production sites use petroleum in order to make “crayons, dishwashing liquids, deodorant, eyeglasses, tires, and ammonia.”

Beginnings of the Petroleum Industry

An image of an oil well, colored black, in the process of digging for oil. Located in Lufkin, Texas. — Pumpjack, Spindletop oil field. Source: Flickr, Creative Commons

Through the growing and prosperous iron and steel industry, the 20^th century became a period of “great change and rapid industrialization.” However, the birth of the railroad and new construction materials gave way to the petroleum industry offering an alternative source of fuel needed in everyday life.

In Texas, the discovery of the Spindletop oil reserve allowed for the creation of hundreds of oil companies, especially Texaco and Golf, and for the massive decrease in oil prices, from “$2 a barrel to 3 cents.” In 1901, the Hamill brothers, contracted to drill into the ground using a steam engine, came into contact with 160-million-year-old crude oil, shooting up in a geyser meters high. They had anticipated 50 barrels of oil being produced in a day, but more than 80,000 barrels were being produced each day, enriching the backers of the oil rig exponentially.

When talking about the history of oil, one must never forget one of the key figures in the industry, John D. Rockefeller. Through his experience in entrepreneurship and organization, he became a leading figure in the oil industry by creating the Standard Oil company, one of the “world’s greatest corporations.” Through a monopoly, his company integrated itself both horizontally and vertically by eliminating competition and making products cheaper and production more efficient.

The discovery of the Spindletop oil reserve allowed for competition against Standard Oil, through the rise of the Texas Company and the American Gasoline Company (Shell Company of California during the mid-1910s). However, because of Standard Oil’s attempts to “monopolize and restrain trade,” the Supreme Court decided to split up the company into 34 smaller companies.

Oil in the World

Reserves can be found all over the world, but there are countries that produce more oil simply due to the vast reserves found underneath the Earth’s surface. In the United States, the five largest oil producing states are Texas, Alaska, California, Louisiana, and Oklahoma. In the world, the top oil producing countries are Saudi Arabia, Russia, the United States, Iran, and China. The need for oil in the United States surpasses the amount it can produce, generating the need to import oil from Canada, Saudi Arabia, Mexico, Venezuela, and Nigeria.

Looking closely at the top producers of oil in the world, you may notice that two countries in the top five are countries in the Middle East, each with their own host of problems regarding human rights. They range from Saudi Arabia’s supposed killing of journalist Jamal Khashoggi in 2018 and the killing of more than 6,500 Yemeni civilians as a result of numerous airstrikes against the Houthi rebels to Iran’s crackdown on peaceful protestors and the presence of Iran’s death penalty for most extreme offenses. Allegations of human rights abuses also extend to China as well, where Xi Jingping has removed term limits for the president and enabled the mistreatment of Muslims living in northwestern China. Many consider these human rights issues are due to something called the “Resource Curse,” where the abundance of natural resources in developing countries, like oil, usually lead to “economic instability, social conflict, and lasting environmental damage.”

Oil and Human Rights in the United States

If you read the news as much as I had a couple of years back, then you might recall a certain conflict occurring in North Dakota regarding the Dakota Access Pipeline. The Dakota Access Pipeline, built by Texas-based Energy Transfer Partners, is designed to transport more than 500,000 barrels of crude oil everyday from North Dakota to Illinois. Proposed by Energy Transfer Partners in 2014 and completed in 2017, many interest groups protested the pipeline, ranging from environmental activists to the Standing Rock Sioux tribe.

An image of protesters holding up a banner with the words "STOP DAKOTA ACCESS PIPELINE" across it. — Dakota Access Pipeline protesters against Donald Trump

The pipeline currently travels under the Missouri River, a source of drinking water for the Standing Rock Sioux tribe as well as a source of biodiversity in the environment. Part of the reason for the protests include the damage to the water supply that said pipeline could inflict if leaking occurs which is justifiable due to the more than 3,300 occurrences of leaks since 2010 at many pipelines in the United States.

An image of the route of the Dakota Access Pipeline, with the Standing Rock Sioux tribe tribal location highlighted as well, showing where the pipeline would threaten those tribal areas. — Le Dakota Access Pipeline avec la réserve indienne de Standing Rock en orange. Source: Wikipedia, Creative Commons.

Reactions towards the protestors have also been extreme, as Maina Kiai, UN Special Rapporteur, has reported. The North Dakota National Guard, law enforcement officials, and private security organizations have used extreme force, shown through the use of “rubber bullets, tear gas, mace, compression grenades, and bean-bag rounds.” These reactions have been in violation of the U.S. Constitution, specifically the First Amendment. Although some protests have become violent, Kiai suggests that “the response should remain strictly proportionate and should not impact those who protest peacefully.”

“The right to freedom of peaceful assembly is an individual right and it cannot be taken away indiscriminately or en masse due to the violent actions of a few.” — Maina Kiai

By also having part of their cultural homeland destroyed during the construction process, the company contracted for this project is violating the United Nations Declaration on the Rights of Indigenous Peoples, where Article 8 of the Declaration clearly states that “Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.” However, it is clear to note that U.S. support does not consider the Declaration as a “legally binding or a statement of current international law,” but instead a political or moral force.

Economic trends and forces have commanded the way in which our country has treated those who have been disenfranchised and harmed culturally. The creation of the Dakota Access Pipeline is merely an example of the effect that these economic interests can have on native populations, the environment, and the treatment of those peacefully protesting. Although the pipeline’s main intent is to provide a source of energy for the United States, the threat to harm a cultural tribal site can lead to the destruction of homes for many residents.

Eugenics in Peru

Many people don’t know what the eugenics movement is. Others know what it was, but think it was restricted to Germany’s sterilization—or making people unable to reproduce—of millions of people they saw as unfit: Jews, people with mental and physical disabilities, and the LGBTQ community, among others. However, Germany was not the first or the last to sterilize certain citizens in an attempt to “better the gene pool”; the United States’ policies actually inspired Hitler’s eugenic goals. After WWII, the United States publicly condemned sterilization and eugenics, but the last forced legal sterilization in the country wasn’t until 1981.

Eugenics has operated as a science of improving humans, whereby the procreation of the people deemed fit is promoted and procreation of those deemed unfit is limited. Proponents of eugenics believe nature wins in the nature vs nurture fight; if you’re born into poverty, it’s because you have a gene that’s keeping you there. Throughout history, the groups of people that were deemed unfit were those in low socioeconomic groups, minorities, and epileptics, most of which were women—basically, the people that didn’t fit the mold. They did this under the broad and vague diagnosis of “feebleminded”.

While the sterilization of poor and minority women in the United States is over, eugenics still goes on today. There are groups of people targeted by the modern eugenics movement—one of which is indigenous people. In Peru, almost 300,000 people—mostly poor, indigenous women living in rural areas—were sterilized between 1996 and 2000. Most of these sterilizations were forced or coerced, and some even led to death.

Then President Alberto Fujimori ran on a campaign of expanding health care and lowering poverty rates. However, instead of providing contraceptives to indigenous women, doctors forced sterilizations on them. Fujimori claims that doctors that forcibly sterilized women were not following the strict regulations that were put in place to prevent these occurrences. However, many of the doctors who performed these sterilizations have revealed they were given quotas to fulfill: “Dr. Hernando Cevallos… received an order to sterilize 250 women in 4 days in 1997.”

There were many ways doctors reached their quotas. Some sent public health officials to the homes of women with large families and pressured them to be sterilized even if they wanted more kids. For example, officials visited Gloria Basilio multiple times until she finally agreed. When she changed her mind in the operating room, they restrained and blindfolded her so they could continue with the surgery. Some of these women are illiterate or don’t speak Spanish at all, so the officials took advantage of that and got them to sign the consent forms without them understanding the procedure. Other officials never tried to get informed consent. Women have been pressured to be sterilized moments after giving birth.

These women have been affected in a far greater way than just being unable to have children. One woman had serious medical complications, which were written off by the doctors. She died less than two weeks later at home. She is not the only woman to have sterilization disable or kill her.

Aside from medical complications, they also experience social and mental complications as a result. In the indigenous culture, women are expected to have many children, and women who have been sterilized can no longer serve that purpose. These women can lose a sense of purpose in themselves and also lose the people close to them who were counting on them to have children. Maria Elena Carbajal, a woman who was pressured into a sterilization after giving birth at the hospital, lost her husband because he thought she had willingly been sterilized so that she could be unfaithful without consequences. She found another partner, but he also left her because she could not provide kids. Additionally, these women have to face the fact that they will never have more children—while some will have none at all. Florentina Loayza was only 19 years old when she was forcibly sterilized. She hadn’t had kids, but she wanted some, and she often felt “a deep sadness” whenever she saw a baby.

Another profound impact this has on many women is their connection with religion. Some religions, Catholicism included, believe that sterilization is a sin and that those who have been sterilized, voluntarily or not, have sinned. Justina Rimachi was told by nuns that she could no longer come to church because she had been sterilized. The stigma felt within the walls of a place that felt like home were only relieved by the forgiveness from the priest. He did not tell her it was not her fault, but he did not tell her to leave, so she was grateful.

The crimes against these women were atrocious, and luckily, they are starting to receive attention. In November of 2000, Fujimori stepped down after ten years of presidency. It wasn’t until 2009 that he was arrested and sentenced for some of his crimes, but none of them were for the sterilizations that occurred under his regime.

Some women and their families have received settlements and the Peruvian state promised in 2003 to conduct investigations. However, the Peruvian state continues to deny that the government had a part in the forced sterilizations. They blame instead the public health officials and medical practitioners. To this day, the Peruvian government, which is no longer under the control of the Fujimori regime, has not issued apologies or reparations to the survivors and their families.

While the government continues to deny its role in the sterilization of indigenous people, activists and human rights organizations are trying to call global attention to these injustices. One group, The Quipu Project, has used a free telephone service to collect the stories of over 150 people who have been sterilized, and the number continues to grow. You can hear these stories on their website in Spanish and in English. Not only is this campaign used to bring international awareness to this issue, but these stories are also being used by people fighting for justice within Peru.

The Fiasco between Africans and African-Americans

A multi-cultural Image — In unity lies our strength. Source: Yahoo Image

For a long period of time, there has been a long-existing history of an unfathomable and a silently raging rift between Africans and African-Americans or “Afro-Americans,” as some now refer. It should be noted that the relationship between these two races can never be erased or forgotten even though there seems to be a discouraging high-level of historical ignorance or lack of in-depth understanding, especially amongst the newer generations of both races. The connection between Africans and African-Americans goes quite a long way prior to the era of slavery, which I believe warrants a brief trip down memory lane to refresh some existing knowledge on this subject.

We begin by looking at the words of Audrey Smedley, who believes race or ideas about the difference in human color was developed during the era of African slavery. He believed up until the 18^th century, Africans were generally positive people who engaged mostly in farming and cattle breeding. They had industries, arts and crafts, commerce and an existing form of government. After invading Africa, the Europeans realized Africans were better farmers and laborers, and immune to several diseases, which were perfect attributes in high demand within the colonialist world at the time. The colonists understood they needed the prowess and strength of Africans to meet their demands and as such, they developed the idea of transporting them across Europe and America, which was then referred to as the ‘New-World’, knowing they would have no means of escape or return.

According to the UShistory website, the Portuguese began the first slave trade agreement in 1472, which saw an influx of over 11 million Africans into America and across a few European nations as slaves. African slave trading became a lucrative business avenue amongst the Portuguese, Spanish and Dutch, and after North America was colonized by Europeans, there were vast lands in dire need of labor which led to the purchase of the first permanent African slaves from Dutch in 1619. Due to their physicality and agricultural abilities, the slaves proved to be highly productive on the farms where they mostly cultivated cash crops ranging from sugar, rice and tobacco. This went on for decades until the anti-slavery movement began which subsequently led to the Civil War in 1861, the Preliminary Emancipation Proclamation by President Abraham Lincoln on September 22, 1862, and an adoption of the 13^th Amendment of the constitution in 1865 which outlawed all slave trade practices.

After the abolition of slave trade, issues of race got more intensified due to the non-acceptance of black people and has since become the central point of human attention, interaction and relationship. It constituted the major form of human identity, a discouraging phenomenon that still gallantly exist in our world today. The creation and addition of a new race in form of Africa-America started a new chapter in human existence and history, which has led to a whole new level of feisty societal restructuring, rebalancing and rearrangements till date. Although whenever issues relating to racial differences arise, most people would most likely always refer to the forever existing tensed-filled relationship between African-Americans and the White race, but not so many would consider the possibility of any discord between other races, most especially Africans and African-Americans. To this end, I will be explaining a few reasons for the existing rift between Africans and African-Americans.

An image distinguishing between an African look from an african-american — Two continents fussed in one face Source: Yahoo Image

The first reason to consider is the comparison debate between Africans and African-Americans, about who have suffered or continuously suffers the most. We begin by considering the latter’s historical slavery struggles which has obviously spilled over and transformed into the present-day inequality and inequity they are continuously forced to endure. History clearly made us realize the dehumanizing and disheartening low-level of inhumane treatments and conditions they had to go through before the abolition of slavery, and it is no longer news that the present American structure and system is continuously finessed to favor Caucasians who are majority over the minority blacks. With this understanding, some African-Americans always see African immigrants as opportunist who are profiting from their struggles despite not having shared in their pains or experienced the horrible and derogatory racial discriminations like they did, which is a reason for their mutual relationship with White Americans. They believe Africans do not share in their ideology and are unwilling to participate in their political and civil rights movements.

On the other hand, Africans continuously grieve their pathetic level of underdevelopment which evidence suggest came as a result of the European invasion. As earlier stated, the entire African continent was developing at a steady pace but lost the plot when valuable human and material resources were taken by the colonialists. According to Nathan Nunn, slavery is the major factor for Africa’s underdevelopment till date; a phenomenon which has created ethnic fractionalization and undermined the effectiveness of several African nations. Recent studies suggest Africa’s 72% average income gap with the rest of the world would not have existed if not for slave trade. He believes the reason for the continent’s poor economic performance is due to the effect of slave trade and colonialism which has led to the endless poverty and incessant conflict, poor leadership, lack of basic social amenities and infrastructure, over dependency on foreign aid, poor health and educational facilities, amongst other challenges. It also affects the present cultural and social outcomes of the continent responsible for the present ethnic division, trust concerns, HIV prevalence, ethno-religious differences, and the high rate of polygyny (i.e. a practice of men having multiple wives) amongst other factors that continuously push the continent aback.

Another reason to consider is the trust issues that exits between the two races. So many African-Americans have some misconceptions that Africans cannot be trusted due to their willingness in allowing their fellow brothers and sisters be taken or sold into slavery, while some perceive them to be highly promiscuous due to the high rate of polygyny in the region. To point out the fallacy with the former, studies have revealed that majority of African slaves were captured through acts of kidnappings, raids and warfare, and through judicial processes, while only a few were literally sold by their relatives or friends as slaves. To address the latter, several studies have identified the trans-Atlantic slave trade as the major factor for the high prevalence of polygyny because only men were initially captured and sold as slaves across America which consequently resulted in the decrease amongst the male population and further tilted the sex ratio in many African nations most especially within West and East Africa.

Furthermore on the factors to consider, there is a wide belief or notion amongst Africans about African-Americans misusing their available opportunities despite enduring numerous challenges and difficulties. It is important to note that Africans alongside other races also, share in the belief that America is a land of dreams and opportunities and will always be a dream destination for many. For Africans, one major reason why they migrate to the U.S. is centered around education due to the outstanding level of human and material resources invested in this sector. As widely known, education remains one of the best and golden ticket to living a better life as individuals, which also helps improve the socio-economic growth and development of the community. Another reason why Africans migrate to the U.S. is because of the availability of several decent job opportunities for both legal and undocumented immigrants. By either migrating for job purposes or education, they remain great opportunities that most likely guarantees any individual to live a long, healthy and happy life.

Image of Women dressed in African Attires during an event — Diversity should be celebrated not discriminated Source: Yahoo Image

On the other hand, some African-Americans blame the continuous influx of African immigrants into the U.S. to have negatively impacted the number of jobs that is available to them. According to the National Bureau of Economic Research (NBER), the early immigrant influx into the U.S. between 1980-2000 resulted in 20% to 60% wages decline, 25% employment decline, and 10% rise in incarceration rates among blacks with high school education or less. Based on these statistics, it is understandable to see the plights and frustrations amongst African-American populations, but the increase in the incarceration rates could also be attributed to the heavy trafficking of crack cocaine within black communities which caused the police to enact and enforce tougher sentencing laws and subsequently resulting in the incarceration of one-quarter of low-skilled black men.

On a light note, the United States Census Bureau in June 2019, confirmed that about 13 million workers have more than one job, while a report by CNBC on February 2019, shows U.S. employers posted the most open jobs of about 7.3 million which was a valid evidence that the U.S. job market is actually strong. Also, according to the political typology survey 2020, 61% supports the notion for the country to continue making changes to give blacks equal rights with Whites, 65% believe immigrants hard work and talents have strengthened the country tremendously, 61% believe most people who want to get ahead can make it if they are willing to work hard, while over 55% believe blacks who can’t get ahead are mostly responsible for their own condition.

NFL Star dressed in an African attire — Let’s Save our Future Source: Yahoo Image

Based on this knowledge, it aches the heart to see Africans and African-Americans alongside other races have such a resentful, unfriendly and defensive relationship against one another till date. It is true we have all gone through various levels of hardship, turmoil, and suffering which serves as reasons we continuously hold deep grudges against others, but its high time we looked beyond and move on. In as much as we feel justified about our present bitterness or anger towards certain people or races due to our past experiences, we should remember the adage which says, “Two wrongs can never make a right”. It is almost certain that whenever we cloud our minds with negative judgements before relating with others, we would most likely find a way to justify our negative thoughts about them irrespective of the outcome, as such, we all should always set aside our presumptions, perceptions and judgements when relating with others and it is only through this means, can we look beyond our racial differences and respect each other as humans. It is a shame we are still regressing in this 21^st century but we can begin by remembering our past, but not dwell on them because when we do, we are prone to live our everyday lives on them, and history has made us to understand that decisions we make in anger or frustration are those that will take us aback or hurt us for a long time.

STD Rates Among the Poor and Homeless in Alabama

by Kelsey Johnson (guest blogger)

As of 2018, approximately 38.1 million people in the U.S. live below the poverty line. Furthermore, on a given night, over 550,000 people experienced homelessness.

Of those numbers, more than 800,000 Alabama residents live in poverty, making it the sixth poorest state in the U.S. Approximately 3,434 people experience homelessness in Alabama on a given night.

Poverty and a lack of adequate housing are considered human rights violations, as they interfere significantly with an individual’s ability to live safely and with dignity. For people experiencing poverty and/or homelessness, these situations impact all aspects of their lives, especially their physical health.

One way that these health issues manifest is in the prevalence of sexually transmitted diseases (STDs) and HIV/AIDS among these populations. Overall, rates of STDs, particularly chlamydia, gonorrhea, and syphilis, are at an all-time high in the U.S., according to a 2019 report from the Center for Disease Control and Prevention (CDC). In 2017-18, there were nearly 2.5 million total reported cases of the three STDs, including over 1.7 million cases of chlamydia, 583,405 cases of gonorrhea, and 115,045 cases of syphilis.

Two urban areas in Alabama, Montgomery and Birmingham, are among the top 20 U.S. cities reporting the highest rates of STDs, including HIV, syphilis, gonorrhea, and chlamydia. Mobile and Huntsville also ranked in the top 100. Alabama has the fourth highest rate of gonorrhea infections in the country. Additionally, as of 2016, there were 12,643 people in Alabama living with HIV.

While the CDC report examined STD prevalence among various demographics, it did not focus on STD rates among low-income or homeless populations. However, a literature review published in 2018 in the journal Sexually Transmitted Diseases found that STD prevalence ranged from 2.1% to 52.5% among the homeless adult population.

This study also identified many of the factors that increase the risks of contracting an STD among homeless individuals. A number of these risk factors also apply to individuals living in poverty, even if they have stable housing. Additional studies offer more insight into the recent rise in STD cases, as well as recommendations for how to decrease their spread among all populations.

Factors contributing to STD prevalence among low-income and homeless populations

There are several factors that contribute to the prevalence of STDs in low-incomes and homeless communities, including lack of access to affordable prevention and treatment options; lack of comprehensive sex education; the comorbidity of issues like mental illness or substance abuse, and the stigma surrounding STDs.

According to a 2019 report by the National Coalition of STD Directors, “…poverty is both a cause of infection, and a barrier to the ability to seek care. Poorer populations are less likely to receive appropriate sexual health education, suffer higher rates of substance abuse, and may have more trouble accessing sexual health services.”

Poor or homeless individuals are less likely to have health insurance, or resources to pay for out-of-pocket healthcare costs. Many individuals living in southern states, including Alabama, fall into what is known as the coverage gap, meaning they make too much money to qualify for Medicaid, but not enough to pay for health insurance.

Even if individuals have health insurance, their coverage may be limited to certain providers or services, and may exclude STD testing or treatment. The time and money it takes to travel to healthcare facilities, especially in predominantly rural states like Alabama, also present a barrier to care, even for insured individuals.

Additionally, budget cuts have forced many STD clinics to close or reduce their services. The loss of these clinics is harmful because not only do they often provide STD testing and treatment on a sliding fee scale, they are staffed by individuals with specialized knowledge in diagnosing and treating STDs.

The other primary factor in higher STD rates is a lack of comprehensive sex education. As the NCSD report states, “States typically define the broad parameters of sexual health education in public schools. Not surprisingly, these parameters vary widely among states.” Studies show a correalation between insufficient sex education and higher STD rates. Kathie Hiers, the CEO of AIDS Alabama, says the state represents a “perfect storm” for the spread of AIDS and other STDs, in part because of its “poor educational systems that often ignore sexual health.”

This lack of education about STDs also perpetuates the stigma surrounding them, which prevents people from seeking treatment, according to Hiers. Other conditions that are prevalent among poor and homeless populations, including mental illness, incarceration history, and intravenous drug use, also make individuals more susceptible to STDs, and present barriers to seeking treatment.

How to prevent the spread of STDs among low-income and homeless populations

The studies and experts cited in this post offer several recommendations for steps that can be taken, nationwide and in individual states, to decrease the spread of STDs among low-income and homeless populations, including:

Removing financial barriers to healthcare, including adopting Medicaid expansion. The Alabama Hospital Association estimates that by adopting Medicaid expansion, an additional 300,000 residents would be eligible for health insurance.
Increasing or restoring funding to public health agencies and STD clinics that provide free or low-cost testing and treatment.
Improving access to healthcare facilities through transportation and operating on evenings and weekends.
Providing comprehensive sex education in schools. In 2019, the Alabama House of Representatives failed to address a bill that would have made the state’s sex education curriculum more scientifically and medically accurate. The bill would have updated the curriculum’s language to address “sexually transmitted diseases” as “sexually transmitted infections,” which is considered less stigmatizing.
Expanding resources to support homeless individuals, and increasing their access to stable housing. A 2016 report by the Homelessness in Alabama Project offered several specific recommendations for addressing homelessness in Alabama.

Additional Resources

Pigmented Pandemic: Racial and Ethnic Disparities in COVID-19

Ubiquity of the novel coronavirus (COVID-19) has drastically changed the way we behave in almost every corner of life. One silver lining drawn into these unprecedented times is that many people are more appreciative of their families, friends, and communities. However, the odds of being in a social network that knows someone who has been diagnosed or died from COVID-19 are greater if you are a racial/ethnic minority living in the U.S. As such, this blog focuses on COVID-19’s disproportionate effect on communities of color and how a human rights approach can help address racial/ethnic health disparities.

Racial/ethnic minorities are particularly vulnerable to reduced access of health services and the psychosocial stressors of discrimination which is why some argue that racism is a fundamental cause of health inequalities. These disparities are largely due to the disadvantaged economic and social conditions commonly experienced by many racial/ethnic minorities. Compared to Whites, racial/ethnic minorities are more likely reside in densely populated areas, live further from grocery stores and medical facilities, represent multi-generational homes, and be incarcerated. Additionally, racial/ethnic minorities disproportionately represent essential worker industries and have limited paid sick live. As a result, the living and working conditions for many racial/ethnic minorities put them at odds with threat of COVID-19.

Vestiges: Black American Health Disparities

Black Americans have disproportionate rates of COVID-19-related risk factors such as diabetes, hypertension, and obesity. As such, they are disproportionately dying of COVID-19 in many counties across the U.S. These disparities are even more alarming at the state-level. For example, in Georgia, 83% of all COVID-19 cases linked to a hospitalization were Black patients despite the community only representing a third of the state’s population. Also, in Michigan, Blacks represent 14% of the state’s population but 41% of the COVID-19 deaths. On a national level, Blacks (13% of the total population) represent 33% of all COVID-19 hospitalizations, while Whites (60% of the total population) represent 45% of all COVID-19 hospitalizations.

Not only do Black Americans disproportionately live in many of the U.S.’s early COVID-19 hotspots (e.g., Detroit, New Orleans, and New York), they are also more likely than their White counterparts to experience poverty and have no health insurance. For centuries, the labor of Black Americans has been deemed “essential”, while the COVID-19 pandemic adds insult to injury. In the medical field, Blacks are less likely to be health professionals and more likely to represent personnel that cleans, provides food, or work in inventory. As such, Black essential workers who are not on the frontlines are more likely to acquire COVID-19 in the pernicious form of regularly contacting cardboard, clothing, or stainless steel. Thus, health disparities in the Black community demonstrate how the legacy of slavery and segregation thrive in the social and economic conditions of COVID-19.

Segmented: Latino American Health Disparities

Many Latinos in the U.S. have immigrant status and work in high-risk essential industries such as agriculture, food service, and health care. This largely explains why Latinos are up to three times more likely than Whites to be infected and hospitalized by COVID-19. These striking outcomes are compounded when considering that Latinos face other disproportionate hurdles such as inadequate communication resources and language barriers. Also, Latinos often socialize in “mixed status” immigrant networks which means those who are undocumented are not eligible for COVID-19 stimulus funding.

A recent Pew poll found that Latinos are almost 50% more likely than the average American to have been laid off or lost a job due to the pandemic. This is particularly salient to Latinos with a high school education or less and those ages 18-29. However, immigrant Latinos were less likely to lose their jobs but more likely to take a pay cut. As a result, the Latino experience during the COVID-19 pandemic is not only fraught with social and economic drawbacks, much like other communities of color, but complicated by the fact that their large immigrant population is ineligible for needed resources and often relied on in the essential workforce. These outcomes suggest the social and economic consequences of COVID-19 are uniquely challenging to Latinos, namely immigrants with limited access to resources that are often afforded to citizens.

Overlooked: Native American, Native Hawaiian, and Pacific Islander Health Disparities

Often overlooked in the racial health disparities conversation are outcomes for Native Americans. Some state health departments (e.g., Texas) classify Native American COVID-19 statistics as “other” which ultimately dismisses the unique health profile of this underserved population. However, early statistics from Arizona and New Mexico suggest Native Americans represent a disproportionate number of COVID-19-related deaths and cases, respectively. Reports from health authorities in Navajo Nation, which is comprised of areas in Arizona, Utah, and New Mexico, indicate this community’s confirmed COVID-19 prevalence rate is the highest in the country, although they have a test rate higher than most U.S. states.

In March, the Seattle Indian Health Board requested medical supplies from local health authorities but instead received body bags and toe tags. This callous response demonstrates that local authorities in Washington state have actively devalued the lives of Native Americans during these trying times. The Cheyenne River Sioux Tribe in South Dakota have responded to their state’s negligence by refusing to end COVID-19 highways checkpoints across tribal land. Cheyenne River Sioux Tribe Chairman Harold Frazier argues that the checkpoints are the best thing the tribe has to prevent the spread of COVID-19 because they are only equipped with an eight-bed facility for its 12,000 inhabitants. The nearest critical care facility is three hours away.

Also overlooked are COVID-19 outcomes among Native Hawaiians and Pacific Islanders (NHPI). Early reports from California, Hawaii, Oregon, Utah, and Washington indicate that NHPI have higher rates of COVID-19 when compared to other ethnic groups. A precursor to these outcomes is that NHPI have some of the highest rates of chronic disease which puts this demographic at higher risk of COVID-19. Much like other racial/ethnic minority groups, NHPI are more likely to work in the essential workforce and live in multi-generational households. Thus, these conditions allow COVID-19 to proliferate among NHPI enclaves.

Person with a protective mask preparing food with a front door sign that reads "No Mask, No Entry". — Thank you essential workers! Source: spurekar, Creative Commons

Health and Human Rights

Health is argued to be a fundamental human right. Ways this can be achieved is through creating greater access to safe drinking water, functioning sanitation, nutritious foods, adequate housing, and safe conditions in the workplace and schools. As such, health exists well outside the confines of the typical health care setting. However, the U.S. has yet to officially ratify the Universal Declaration of Human Rights which ultimately prevents the government from being held accountable for the socioecological influences that generate health disparities across racial/ethnic minority groups.

These health disparities are not debatable and even acknowledged by the U.S. Commission on Civil Rights. In response, national efforts, state-level policies, and public health programs have successfully reduced these disparities but have only made modest progress. Thus, comprehensive, systemic, and coordinated strategies must be implemented to achieve health equity. Although solving this daunting task cannot achieved by the U.S. government alone. It must also incorporate non-profit and philanthropic on-the-ground efforts already seeking this goal as well as greater public awareness about the impact social and economic policies have on racial/ethnic health disparities.

Despite these discrepancies, the COVID-19 pandemic serves as an opportunity for social change. More specifically, these unprecedented events bring greater light to issues such as poverty, homelessness, unemployment, and migration, all of which disproportionately affect communities of color. As a result, the ubiquity of COVID-19 has gathered people from every corner of the justice community to declare that health is a human right, thus bringing us one step closer to true equity and inclusion.

The Detainment of Uighur Muslims: An Ineffective Approach to Counterterrorism

Image showing detained Uighur Muslims in the re-education camps. — Detained Uighur Muslims. Source: 牙生, Yahoo Images.

For the past several months, the plight of the Uighur Muslims (pronounced wē-ˌgu̇r) has been covered extensively in national and international news. Under the guise of counterterrorism, the Chinese government has been holding the Uighur in detention camps. While the detention of the Uighur is in and of itself a human rights violation, the torture and inhumane treatment that they experience in these camps has been the greatest cause for concern for human rights activists. Undeniably, the detainment and treatment of the Uighur is concerning, but the counterterrorism measures taken by the Chinese government are just as concerning; not only are they arguably ineffective for decreasing the likelihood of attacks, but they also could inadvertently lead to an increase in radicalization.

Background

The Uighur are a Muslim, Turkish-speaking minority group who make up less than 1 percent of the Chinese population, or around 11 million people. Xinjiang, the province in which the majority of the Uighur live, was annexed in 1949 and has been under China’s control since. While the Uighur have historically been subject to discrimination by the Chinese government, this discrimination increased when the Chinese government formally identified the Uighur as a threat to security in China. It is irresponsible to claim that all Uighur are a security threat, but there have been attacks carried out by Uighur militants in China; the Turkistan Islamic Movement, an extremist Islamic group founded by Uighur militants, has carried out more than 200 attacks with the goal of creating an independent state for the Uighur. While the Chinese government has an obligation to protect the citizens of China, this does not justify the Chinese government’s discrimination against and detainment of the Uighur.

Measures taken by the Chinese Government

China first began its crackdown on the Uighur in 2017, when men were prohibited from growing long beards, women were prohibited from wearing the niqab, or the face veil, and several mosques were demolished. Further, the government began using face recognition technology and phone monitoring to track the Uighur. However, the Chinese government took the most drastic measures a few months ago, when over a million Uighur were detained and placed in camps. When reports first began to emerge on the mass detention of the Uighur, the Chinese government claimed that the camps were solely vocational training centers. However, this past November, leaked governmental documents proved that the camps were built to be re-education centers in which the Uighur are forced to renounce their religion and language, or simply put, their identities.

The Camps

The purpose of re-educating the Uighur is highlighted throughout the leaked documents, wherein it is made clear that they must not only renounce their previous beliefs and traditions but must also accept and adhere to the new beliefs they are indoctrinated with. Thus, the process of indoctrination is twofold; first, the Uighur are forced to admit that their belief in Islam is illegal, criminal, and dangerous, highlighting the negative views the Chinese government holds towards Islam, and second, they are forced to pledge allegiance to President Xi Jinping and the Communist Party. In an interview with Uighur-American lawyer and human rights advocate Nury Turkel, the Intercept details the methods used to ensure the success of the re-education process. Based on testimonials of people who have fled the country, the process includes starvation, sterilization, torture, rape, and even killing. According to Turkel, this is all done to eradicate the Uighurs’ religious and ethnic identities, as these identities are perceived as signs of disloyalty to the Chinese government.

Image showing the outside of the re-education camps. — Exterior of a re-education camp. Source: Yahoo Images.

The Wrong Approach

While measures must be taken against any group of people who pose a security threat to a country, the methods used by the Chinese government are inhumane. After the vast number of attacks carried out by Uighur fighters, it is understandable that the Chinese government should attempt to deter future attacks from happening. However, the methods that have been implemented are not only violating innocent people’s basic human rights, but they may also have the reverse effect. There are examples that have occurred elsewhere that can be used to highlight this. First, Tajik officer Gulmorod Khalimov, who made headlines after he left the Tajik army to join ISIS. He explained that he made this decision after he was exposed to anti-Muslim rhetoric during his anti-terrorism course training in the United States, illustrating that a harmful or negative rhetoric about Muslims, similar to the one currently being propagated in China, can lead to and encourage radicalization. Second, when David Cameron, previous British Prime Minister, announced his plans for cracking down on extremists in Britain, the Muslim Council of Britain argued that this would only push people further towards radicalization, noting that the “problem is the constant talk of legislation, harassment, and monitoring… [which] is what’s leading young people towards radicalism.” This is another instance that exemplifies the faulty approach taken by the Chinese government; when stringent measures are taken, such as monitoring and detainment in the case of the Uighur, there can be the unexpected outcome of increased extremism.

The Chinese government claims that they have detained the Uighur to prevent terrorism and extremism, but the methods used are neither humane nor effective. While there need to be measures taken to guarantee the safety of the citizens of China, there are many other methods that can be utilized to achieve this. Further, if the Chinese government does indeed want to address this problem, an approach that does not involve stigmatizing a whole ethnic group and religion is the only way to effectively do so.

COVID-19 and Healthcare

COVID-19 has had a significant impact on the lives of billions across the globe from a disruption of our daily lives to the loss of loved ones to the severe financial burden that has been placed on the world economy. One aspect of society that has been disproportionately affected is the healthcare system. Aside from the financial impact on healthcare systems the way we receive our general healthcare is changing rapidly with this new pandemic. While our primary concern internationally is getting control of this pandemic, non-infectious and chronic conditions are still prevalent and at an increased risk of being neglected.

With the increase in COVID-19 cases in every part of the country, people are being discouraged from coming to hospitals and doctors for non-emergent care. This means that primary healthcare visits either have to be postponed or done through telehealth, which is a remote visit. While telehealth is a great way to have normal checkups without having to go to a doctor’s office, many insurance plans don’t cover telehealth, which makes it harder to afford necessary visits safely.

Additionally, many people no longer have the financial stability they used to. With the downturn in the economy, not only are people who are working making less, but there are also some that have been laid off or furloughed and no longer have access to insurance through their employer. A quarter of those that remain insured have deductibles that are $2000 or higher, which they can no longer afford. This means that in addition to postponing primary care visits, more emergent and necessary visits are being put off.

Those with chronic conditions face more barriers than before to receiving health care. Those with underlying conditions are more likely to have a severe case if they contract COVID-19. However, they need continual care that must be done at least occasionally face-to-face. For example, people with cancer must continue to receive treatment, but many times that treatment makes them immunocompromised. Because of the increased risk, many hospitals no longer allow visitors in, which can decrease patient morale. Many patients also run the risk of having their treatment delayed due to coming in contact with someone that has tested positive for Covid-19. Many chronic conditions, like cancer, are time sensitive, so delays in treatment can be devastating.

Another group of people that have had their healthcare greatly impacted by COVID-19 is pregnant women. There are many check-ups that women are recommended to attend when expecting a baby to ensure the best health possible. However, with the pandemic, that has become harder. There is no evidence that pregnancy makes it more likely to have a severe case of COVID-19. Additionally, there is no evidence that it can be transmitted to a fetus. It’s still important that pregnant women do everything they can to prevent coming in contact with COVID-19. To help in that effort, many OB/GYNs have reduced the number of visits pregnant women should attend in person, switching these visits to telehealth visits.

While a mother cannot pass COVID-19 to her unborn baby, the baby can contract it after birth from her or any other caregivers. To prevent spread to new babies, nurses, and doctors, many mothers are tested when they arrive at the hospital to give birth. Additionally, those that have scheduled C-sections are sometimes tested at home.

doctor performing a checkup on an infant — Dusti Tellez, a registered nurse at Naval Hospital (NH) Jacksonville’s maternal infant unit, holds a newborn baby for a checkup. Source: U.S. Navy, Creative Commons

According to UNICEF, around 116 million babies will be born during the COVID-19 pandemic. These babies along with the babies born shortly before the pandemic will be missing important doctor’s appointments. The appointments in the first two years of a child’s life play a large role in the child’s overall health for two reasons. First, children will typically receive vaccinations at these appointments, which will keep them from contracting deadly, but preventable diseases. The growing number of children who will not be receiving their vaccinations on time raises concerns about outbreaks of diseases that we’ve kept at bay while also still in the midst of the COVID-19 pandemic. Second, these visits are a good way to track the health of children early as screening for conditions, such as developmental delays, are frequent, and catching them early can give kids with these conditions a helpful jumpstart. Because of these two reasons, many experts advise parents to keep children’s visits up to date, but parents are still hesitant.

In addition to regular checkup visits, people are hesitant to go to the emergency room when they need to for non-COVID-19 related illnesses and emergencies. Hospital visits in the Baptist Hospital system in Memphis, TN were down 27 percent between March 15 and April 15 compared to the month before. Additionally, they noticed that the people that were coming in were more likely to have to be admitted instead of treated and sent home. This means sick people are staying at home longer for fear of COVID-19, and some are dying at home from treatable conditions.

Finally, there are areas of healthcare that are overlooked when we mention essential healthcare workers. My mother is a home health physical therapist, which means she goes to people’s homes to work with them. She mainly works with elderly people, and often visits nursing homes and assisted living facilities. According to her, these places have stricter requirements than before when it comes to letting people in: visitors have to have their temperature checked and have a symptom screening. Some facilities don’t even allow visitors anymore, even for wound care or physical therapy. While therapy might not seem essential, it is often used in this population to prevent accidents, like falls, that would send them to a hospital, where they would be even more at risk of contracting COVID-19.

While many of the changes to the healthcare system are temporary, like the decrease in general healthcare visits, some may become permanent. Telehealth has been shown to be beneficial for healthcare visits that don’t require tests and scans. In fact, many shy children have felt more comfortable with these visits. Additionally, the precautions taken by nursing homes and assisted living facilities when it comes to screening visitors make sense during flu season as the flu kills the over 65 population at a disproportionate rate. While the pandemic has changed some things for the worst, it has also helped us find where some changes need to be made to increase our safety in the future.

Coronavirus and Religion

As the Covid-19 pandemic is taking the whole world by a storm of chaos and confusion, it is directly affecting various aspects of people’s lives. People around the world are trying to get used to this new normal and cope up with the challenges and changes in daily life caused by this global crisis. Since we are facing an outbreak like none other, it has directly affected and changed how we live, work, communicate, and carry out our daily lives. Religion is a very important part of most people’s lives and affects their everyday routine as well as physical, psychological, emotional, and spiritual beings. The freedom to have, follow, and practice a religion is a fundamental human right, and I will explore how the novel coronavirus crisis is impacting and interfering with the religious rights of people.

Since the pandemic has affected most places in the world, religious institutions and houses of worship are no exception. Churches, mosques, synagogues, and temples have been closed for all kinds of gatherings due to the social distancing protocols set through by the CDC as a response to Covid-19. In these unprecedented times, billions of people are resorting to religion as a first resort for comfort and solace. When all else looks unsettling, people of faith are turning closer to religion and spiritual observance throughout the world. But the pandemic has also interfered with traditional ways of practicing religion through the closure of the places of worship and withdrawal of gatherings of this sort. As a Muslim myself, I would like to share my observation and experience of the influence of this pandemic on the religious experiences of Muslims around the world.

Islam is the second largest and fastest growing religion in the world with more than 1.9 billion followers, thus a significant population of the world is facing challenges in exercising their religious rights and rituals. During the initial phase of the outbreak, the first immediate effect on Muslims was the cancellation of the Friday communal prayer. People were ordered to pray in their homes in order to avoid close contact with each other. This congregational prayer is of great significance to Muslims as they come together in mosques to listen to the weekly sermon, pray together, and fulfill this obligatory ritual. Therefore, its dismissal was a big deal for the Muslim communities worldwide and also led to conflicts in some areas. For example, worshippers in Pakistan clashed with police personnel trying to enforce the lockdown at the time of the prayer. Similarly, some mosques in Bangladesh continued to operate despite government restrictions and a massive prayer gathering with tens of thousands of devotees was held without permission from the authorities. The pictures of the event were shared on social media, where it was greatly criticized and sparked an outcry from people in favor of the lockdown. People in Indonesia were divided over Friday prayers and coronavirus fears, resulting in some praying at home and others gathered in mosques. Religious leaders in the U.S. also faced a dilemma in making the best decision for their followers, facing disagreements on whether or not to cancel Friday prayers. In the second week of March, Muslim organizations including the Islamic Medical Association of North America and the Islamic Society of North America gave a joint statement suspending Friday prayers and recommending necessary precautions to the Muslim community.

Protecting human life is one of the fundamental objectives of Islamic Shari’ah. This concept takes precedence over all other objectives of Islamic faith as life represents the foundation of our existence. Therefore, at times, preservation of human life and human rights is far more significant than the continuity of even essential practices of devotion.

People are finding alternate ways to keep practicing religion while also practicing social distancing. Online platforms are being widely used to share information, resources, and ways to get closer to religion as well as interact with other people of faith for support. To lift up the spirits of the Muslim community amid this pandemic, the call to prayer, Adhan, was chanted from loudspeakers in the heart of Europe in early April. Nearly 100 mosques in Germany and the Netherlands rang out with the sound of Adhan as a gesture of support for Muslims. A lot of mosques in Muslims countries have added a line at the end of every call to prayer, asking people to pray at home.

Adhan recited from mosques to fight against COVID-19 in Germany. Source: Yeni Safak, Creative Commons

Islam’s holiest site in Mecca, known as the Kaaba, which is always packed with tens of thousands of pilgrims year-round, was emptied due to Covid-19 concerns earlier this March. Muslims around the world were shocked, shuddered, and deeply saddened to see the holy place deserted for the first time in millennia. The images of the empty Kaaba inside Mecca’s Grand Mosque were extensively spread over social media as Muslims showed their concern and disappointment on this unprecedented yet imperative move. Every year, nearly 2.5 million pilgrims visit the holy sites of Mecca and Medina for a week-long ritual known as Hajj; one of the five pillars of Islam and obligatory for every able-bodied Muslim once in their lifetime. The kingdom of Saudi Arabia stopped Umrah, a non-mandatory pilgrimage, in late February due to the pandemic. As the unfavorable situation still persists, the cancellation of Hajj, which starts in late July, is also being considered. This is one of the largest human gatherings in the world, and its potential cancellation will affect millions of people and businesses around the world.

The holy Kaaba in Mecca, Saudi Arabia. Before and after Covid-19. Source: Creative Commons

The Islamic month of Ramadan started a few days ago and it is one of the most important, sacred, and celebrated time of the year for Muslims. It is marked by fasting from sunrise to sunset, charitable giving to the less fortunate, spiritual renewal, praying and reading the Quran, abstaining from worldly pleasures to reconnect with the self and with God, and coming together as a community to celebrate. Muslims around the world are having a Ramadan like no other this year. The mosques are empty, the daily nightly prayer Tarawih is canceled, people are observing the holy month by praying in their homes and sharing meals with immediate families instead of large community feasts. People are trying to find alternate ways to have the Ramadan experience by holding virtual Iftar meetups, online sermons and halaqa sessions, and donating through online platforms amidst these social-distancing times. On one hand, lockdown in Ramadan has also allowed people to spiritually indulge themselves without worldly distractions like work and school and to modify their daily schedules accordingly. It has given some relief to those who are fasting to catch up on lost sleep from late night prayers and waking up in the middle of the night for the pre-fast meal suhoor. On the other hand, the cancellation of open Iftars organized by mosques and charitable organizations that allowed sharing a meal for everybody has taken a toll on the less fortunate who rely on these meals during Ramadan. Since the world is already facing an economic crisis and a lot of people are in an uncertain situation financially, this time of festive observance is becoming harder for those who are unable to provide for their families and take part in all the celebrations. Since the month of Ramadan teaches empathy and encourages acts of compassion and generosity, Muslims around the world are stepping up to help their brothers and sisters in this time of need. The act of fasting teaches patience, self-discipline, sacrifice, and empathy and these virtues are more important than ever for all of us to practice in these difficult times.

The end of Ramadan is commemorated with a celebration called Eid, which is also referred to as a gift for those who fasted the whole month. For us, the day of Eid is marked by wearing new clothes, going to the communal Eid prayer in the morning, celebrating with the community, and sharing meals and presents with family and friends afterwards. This year, it is expected to have a similar fate as Ramadan if the state of emergency continues, resulting in all the festivities being called off.

Muslims praying in a mosque. Source: Shaeekh Shuvro, Creative Commons

Coronavirus has also changed how funeral services and burials are carried out across the world. Islam has specific guidelines and rituals to perform for the deceased including washing/bathing the dead body, putting it into a coffin, and offering the collective prayer before a procession of friends and family takes the body for burial. According to the CDC guidelines, gatherings are not supposed to exceed 10 people and the body of the infected person should not be touched. Muslim scholars in the US have proposed alternative ways to carry out these procedures such as limiting the handling of the body to the specific staff of the graveyard or funeral home with the use of proper personal protective equipment (PPE). They have also suggested doing tayammum instead of bathing the dead body, which is characterized by wiping the face and hands of the deceased after touching a sandy surface. Additionally, family and friends are not allowed to be physically present during the burial or the prayer. Attendance at funerals is considered a collective obligation that must be carried out by a sufficient number of people, but changes are being made to ensure the safety of everyone. My mother’s uncle passed away from coronavirus last week in Boston, Massachusetts and his family was not allowed to see him at all. Instead, the funeral was live streamed and the prayer was held in the presence of only four people, one of them being the imam who led the prayer.

It is important to note that not only is this Covid-19 situation affecting religious experiences, but some of these rituals have also contributed to the spread of the virus. For example, a gathering of 16,000 worshippers at a Malaysian mosque became the largest known viral vector of the pandemic in Southeast Asia, spreading the coronavirus to half a dozen countries. Similarly, the pilgrimage of Shia sect Muslims to the holy cities of Iran led to the spread of the virus through Central and South Asia. The pilgrims reportedly caught the virus in the holy city of Qom, which was the epicenter of covid-19 in Iran and caused it to spread in their home countries upon return. Even though Pakistan shares its border with China, the novel coronavirus was introduced into the country through pilgrims returning from Iran. Similar cases have been seen around the world where coronavirus infections have been linked to religious gatherings, such as church services in South Korea and North Carolina, Jewish Purim celebrations, and Muslim prayer gatherings.

To conclude, religion is both a source of solace as well as a possibility of risk during a pandemic. People of faith around the world are struggling to keep a balance between religious practices and safety precautions. It is in the best interest of everyone to follow the social distancing guidelines whenever possible and find peace in their own beliefs, whatever they may be.

Nathaniel Woods and Alabama’s Broken Justice System

As the world is reeling from the coronavirus outbreak and the constant inundation of new cases and increasing death rates, I wanted to call your attention to an important event that has largely been overlooked in the midst of the chaos. On March 5^th, 2020, a man by the name of Nathaniel Woods was executed by the state of Alabama via lethal injection at the William C. Holman Correctional Facility in Atmore, Alabama. The 43 year old Woods was convicted because of his role in the fatal deaths of three Birmingham, Alabama police officers in 2004. Two entities could have stepped in to stop the execution: The Supreme Court and the governor of Alabama, Kay Ivey. The Supreme Court did delay the execution for three hours, but Kay Ivey refused to step in stating that she believed justice must be served in the name of the law. The execution of Nathaniel Woods was unjust and unfair in many ways and highlights the severe problems within the Alabama Justice system.

In the case of Nathaniel Woods, it is important to note that he was convicted of being an accomplice to the deaths of the three police officers. The man who confessed to the actual act of shooting and killing the police officers is Kerry Spencer. In fact, Spencer confessed to acting alone in the crime that landed both him and Woods on the Alabama death row. He testified this in his own trial and claimed to be acting in self-defense, highlighting that the shooting was not planned. During his confession, Spencer very clearly stated that Woods ran away from the scene and could not be considered an accomplice to the act. According to his former appellate attorney, Spencer may never be executed as Woods was. When Spencer was convicted in 2005, the jury that found him guilty recommended that he receive life in prison without parole, instead of the death penalty. A 2017 Alabama law that removed the power of the judge to override non-unanimous jury verdicts in the cases of the death penalty effectively protects Spencer. So why, when Spencer confessed to the deaths of the police officers, is Woods dead? A primary factor is that Wood’s jury never heard Spencer’s claim of self-defense. An even larger factor is that the Alabama death penalty laws are inherently flawed and unjust.

Alabama Governor Kay Ivey. Source: 187th Fighter Wing. Creative Commons.

The jury that convicted Woods reached a non-unanimous verdict of 10-2 recommending the death penalty. Alabama is one of two states in the United States that allows a non-unanimous verdict to result in the execution of a defendant. The death penalty laws within Alabama have been seriously criticized by civil right leaders and have been called unjust under the accusation that the criminal courts are unfairly biased against minorities. Despite Woods’ family and a few high profile figures including Martin Luther King III, the son of the late Martin Luther King Jr., and Kim Kardashian West contending that much of the evidence supported Woods’ innocence, neither Governor Kay Ivey nor the Supreme Court intervened on Woods’ behalf.

Woods’ case is unfortunately one in a long line of executions that highlights the many problems with the Alabama justice system. Before its abolishment in 2017, Alabama allowed judges to over-ride a unanimous jury in order to impose death sentences. While this is a step in the right direction, Alabama was the last state in the United States to make this change. Alabama has had 67 executions and 9 exonerations since 1976. This means that for every seven people executed, one has been exonerated. As of today, at least 107 of the death sentences in Alabama have been reversed and resulted in a reduced sentence or an exoneration. These statistics leave Alabama with a very high error rate. After 2010, Alabama has executed a series of defendants with questionable convictions: two defendants suffering from mental illness and three defendants whose judges over-rode the jury’s decision for life imprisonment in favor of the death penalty. Alabama also has no statewide public defender system and does not pay appointed attorneys enough, resulting in a lacking quality of counsel. Until 1999, capital trial attorneys were paid $40 per hour for work in-court and $20 an hour for work out-court. The out-court work compensation could only reach $1000. During this time, almost half of the current death row convictions occurred. Now, capital trial attorneys are paid $70 per hour with a cap of $2500, a rate that is noticeably below market rates. The lack of funding has resulted in a reduced quality of work and inadequate representation for defendants who are fighting for their lives.

In January of 2020, the governor of Alabama appointed a panel to issue recommendations to address the problems of the Alabama prison system reported in a 2019 report released by the Justice Department. The report identifies the major problems with Alabama’s prison system. These problems included prisoners being assaulted and tortured on a routine basis with the knowledge and participation of the prison guards. Such abuse clearly violates the Eighth Amendment that protects against cruel and unusual punishment. It also included problems within prisons such as overcrowding, understaffing, a large presence of weapons and drugs, corruption, and raw sewage. Many corrections officers have been arrested and charged with crimes such as bribery and drug trafficking. In February of 2019 a judge found that the conditions for mentally ill patients within the prison system were unconstitutional. Since the beginning of 2019, at least 29 of 28,000 people died of preventable deaths in the Alabama prison system, a big contrast to the national average of prison homicides of seven per 100,000 prisoners. The recommendations provided by the state appointed panel have been called “common-sense” and do not address the more serious problems. If these problems are not fixed, the prison system will be operated by an outside party.

There are a significant number of problems within Alabama’s death penalty policy and within the Alabama prison system in general. There is no need to prove that a defendant was at least 18 years of age at the time of the crime within the state. There is insufficient protection for mentally ill defendants. And the Supreme Court is the only thing within Alabama that is preventing the executions of defendants with an IQ of below 70. Changing and reforming the broken Alabama death penalty system will be a long process, during which there is a possibility for many more innocent people to die. The decision to end the judicial override system in 2017 was a step in the right direction but not nearly far enough. Since then, more changes have been made to protect the already broken system, such as the 2018 decision to use nitrogen hypoxia, a method of suffocation, as a backup execution method. There is hope that the execution of Nathaniel Woods would push Alabama to make serious changes. However, this hope has not yet come to fruition. Some changes that would reform the system instead of protecting it would include: requiring a unanimous agreement from the jury to sentence people to death, requiring prosecutors to prove that the defendant was at least 18 years of age at the time of the crime, and acknowledge and end the racial bias that contributes to the death penalty practices. Ultimately, even after these changes are made, the most positive change to the Alabama death penalty system is to eradicate it once and for all.

Art for Human Rights: The For Freedoms Congress

As the crowd chanted the words “Reactionary? No, visionary” in synchronization, we could envision the power of community and our passion to create change. Our minds were synced in for a collective purpose and hearts full of warmth and unity. This was at the first For Freedoms Congress in Los Angeles, California at the beginning of March earlier this year. I had the incredible opportunity to attend and bring back home a plethora of inspiration, information, and ideas on using art as a tool for activism.

What is For Freedoms?

For Freedoms is an artist-run platform for civic engagement, discourse, and direct action for artists in the U.S. inspired by American artist Norman Rockwell’s paintings of Franklin D. Roosevelt’s Four Freedoms—freedom of speech, freedom of worship, freedom from want, and freedom from fear—For Freedoms uses art to encourage and deepen public explorations of freedom in the 21^st century. Their belief is to use art as a vehicle for participation to deepen public discussions on civic issues through non-partisan programming throughout the country. Hank Willis Thomas, the cofounder of For Freedoms says that “The people who make up our country’s creative fabric have the collective influence to affect change. Right now, we have a lot of non-creative people shaping public policy, and a lot of creative individuals who haven’t or don’t know how to step up. For Freedoms exists as an access point to magnify, strengthen, and perpetuate the civic influence of creatives and institutions nationwide.”

About the Congress

The For Freedoms Congress gathered delegates from all 50 states, the District of Columbia, and Puerto Rico to come together to share their mutual passion of using art as a tool for advocacy and activism. We were honored and proud to represent the Institute for Human Rights, UAB, and the state of Alabama at this nationwide platform. The Congress spanned over three days in the historic city of Los Angeles to celebrate its role as the birthplace and driver of many important artistic-led cultural movements over the decades. The use of remarkable locations such as the Museum of Contemporary Art, Japanese American National Museum, and the Hammer Museum added to the artistic aura of the conference and gave us an opportunity to explore these exciting places.

Over the course of the conference, we got to attend a number of artist-led planning sessions, creative workshops, art activations, and performances on topics ranging from refugee rights to gun violence, indigenous rights to gender equality, and the criminal injustice system to public art policies. In addition, featured townhalls were held on each of the four freedoms that sparked constructive dialogue between the participants.

The 50 State Photo. Source: Ural Garrett, FFCon

Culture, Art, and Advocacy

The foundation of all the discussions and sessions at the Congress lies on one fact: culture is a human right. Article 27 of the Universal Declaration of Human Rights states that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” To make this right a reality, activists, advocates, and cultural institutions from around the country came together to share their ideas, foster collaboration, and to create a platform for civic engagement. They committed to keep playing their part in their respective communities to help make this right a reality for all through public action and commitment to the American values of equality, individualism, and pragmatism.

We need to make sure that cultural and social groups are able to express themselves and exercise their right to art in addition to other human rights. The right to art suggests that it should be accessible to everyone and is synonymous with free speech and self-expression. It goes back to having the freedom to speak up for one’s own self, to have representation, and to practice religion and cultural ways free from any fear or want.

Art is a powerful tool to bring communities together and it speaks to people, which is why it can be used in all kinds of fields to foster equity, inclusion, and justice in society. For example, an important aspect that is often overlooked is the importance of art education and its access in our education system. Art education fosters social development, provides a creative outlet, enhances academic performance and intellectual development, and promotes out-of-the-box thinking for students. Brett Cook, an interdisciplinary artist and educator, led a dialogue on community and collaboration to explain how arts-integrated pedagogy can cause healing and tell stories that reinvent representation. He used The Flower of Praxis as the basic model to foster socially engaged art practices with a focus on art education for collaborative outcomes. It starts with preparing the soil by reflecting on personal experiences and moves through the leaves of connecting with others, seeking new understandings, generating critical questions, and critical analysis to grow into the flower of informed action. The process keeps going by reflection influencing action and eventually generates activism and civic engagement.

The Flower of Praxis. Source: Rosa Gonzales, Creative Commons

Making the voices of people more audible by telling their stories through art and narrative can help create a new moral imagination on pressing issues and social injustices. Art can be used to express what human rights mean to a certain group of people. It gives people the right to their own ways and to tell their own stories. The session “Art Stories on Migration” made me realize the potential of art as a tool for advocacy and how it can be used to create a sense of belonging among disoriented populations. It can redefine identity and help answer pressing questions like who belongs to the economy? Who belongs to the healthcare system? Who belongs to the American identity? It can help communities take ownership and build representation in creative ways. The language of visuals activates the aesthetic perceptions of individuals and facilitates a deeper understanding of issues beyond the surface level. Making the stories of refugees and migrants visible through artistic media gives voice to their struggles and highlights their contributions. Responding to the question of suggesting creative activities or solutions in response to the issues of migration, one participant shared their video project in which immigrants re-read the Declaration of Independence to reflect on what those words mean to them, not just historically but also contemporarily. Another delegate suggested using inclusive language and terminology in museums and other public spaces, such as newcomers or people who migrated instead of refugees or immigrants, enslaved people rather than slaves, and First Americans instead of Native Americans. There are also various avenues for advocacy for non-profit organizations and public charities to lobby, advocate, and encourage participation in politics, elections, and other social movements.

One of my favorite sessions at the Congress was the “This is Not a Gun” workshop. It was based on using collective creative activism to highlight the stories of injustices inflicted on the American people at the hands of law and order. Since the year 2000, United States police have “mistaken” at least 38 distinct objects as guns during shootings of a majority of young black American men, none of whom were armed. The participants shaped these mistaken-as-gun objects in clay, giving presence to their form, the human rights violations, and racism prevalent in America today. While carving out these everyday objects like a flashlight, hairbrush, and sandwich, we paid tribute to the victims and had a meaningful conversation around accountability, equity, safety, and social justice in our country. It made us reflect on the racial profiling, police brutality, societal trauma, and the role we can play in addressing these issues by coming together to support our people and our communities.

The takeaway message from the Congress was that art has the potential to make a difference in the social discourse and to create change through public engagement. The For Freedoms Congress built a collective platform for artists around the nation to stimulate public action on pressing national issues. In the words of For Freedoms delegates,

We are a collective of artists, creatives, and cultural institutions. We believe citizenship is defined by participation, not ideology. We are anti-partisan. We use the power of the arts to drive civic engagement, spur public discourse, and inspire people to participate in our democracy.