On Tuesday, November 13, the Institute for Human Rights and Consulate General of Switzerland – Atlanta co-sponsored a showing Sonita, a film based on a 15-year-old girl from Afghanistan who immigrated to Iran in order to flee the Taliban. Over the course of the three years Sonita is filmed, she is able to receive assistance at a center for refugee children in Tehran, Iran where she works on her dream of becoming a rapper by performing for her classmates and pursuing a place to record her music.
What many people are unaware of is the Afghani tradition of forcing children into marriage, with Sonita’s family setting her price as $9,000. Without intervention from the filmmaker, Rokhsareh Ghaem Maghamim, who paid her family $2,000 to postpone her marriage, Sonita might have not made it to where she is now. To make matters worse, women are not allowed to sing in Iran. So, in order for Sonita to continue her dream of becoming a rapper, the shelter could no longer be affiliated with her. Maghami then managed to take Sonita to the United States, without her parent’s permission, to pursue a career in rap.
Maghami started filming this documentary to help her cousin who worked at the refugee center, while her cousin just wanted to help Sonita find some training for her music. However, these selfless acts dramatically changed a young woman’s entire life.
Sonita shares the story of one young woman’s strength, perseverance, and the ability to use music as a vehicle to confront social injustice. This film not only gives the audience an inside look to both a tradition and country many are unfamiliar with, but also provides Sonita with the voice she needs to have her story heard.
In human rights, journalists usually are seen as chroniclers: reporters on the front lines of a conflict zone letting the world know of events as they unfold. As such, they also may serve as agents of human rights, since their reporting provides advocacy groups and committed global human rights leaders with vital information. Tragically, though, journalists often become the targets of human rights abuses unto themselves. Until recently, little attention had been paid systematically to this last point but shifting global events have underscored numerous threats to members of the media. In an era of politicians condemning the media writ large as “enemies of the people,” deteriorating discourse, extreme politicization of what constitutes “news,” and the polarization of both governing elites and societies at large have made the humanity and the human rights roles of journalists both more important and, troublingly, threatened.
Jamal Khashoggi. Source: Creative Commons.
On October 2, 2018, Washington Post contributor and journalist Jamal Khashoggi disappeared after heading into the Saudi consulate in Istanbul. Shortly thereafter, Turkish officials leaked that Khashoggi had been murdered, with grisly details suggesting he had been cruelly tortured before his killing – a “brutal silencing of a prominent journalist,” and an event which “was met with outrage from journalists” and politicians around the world.
One notable exception to the global outcry, however, was President Donald Trump. While the President’s “business dealings with Saudi Arabia” leave him “personally conflicted,” regardless of his conflicts, Joel Simon flatly stated that the President has utterly “failed to articulate a coherent response” to Khashoggi’s murder whatsoever. The non-response is galling, in particular because of Khashoggi’s identity and profession. As Kyle Pope wrote for the Columbia JournalismReview:
The Khashoggi case has brought Trump unusual global blowback, though, for a distinction that the president plainly does not see. We care about the Khashoggi case, at least in part, because Khashoggi was a journalist.
Yes, his killing was horrific and barbaric and yes, it came at the hands of an American ally, which then lied about it. But the world has also been moved to respond because Khashoggi, as a journalist, represented something bigger than the man himself, something that leaders around the civilized world have come to value. He was a stand-in for a value we wanted to protect.
Pope continues, “We journalists, as individuals, are not special people. We have no unique right to support or sympathy. But the point is that we, collectively, represent something that our society has decided is worthy of protection.” Pope’s point goes directly to a growing subtext in present debates about “fake news” and risks to journalism as a profession, a recognition of its societal importance.
Our society, through the First Amendment to the Constitution (“Congress shall make no law … abridging the freedom of speech, or of the press”), surely had decided to protect the worthy contributions of journalists from governmental interference – and the individuals themselves. And journalists globally have begun pushing for international collaboration to expand guarantees more widely, such as a proposed UN-promulgated International Convention on the Safety and Independence of Journalists and Other Media Professionals, led by the International Federation of Journalists (IFJ). The IFJ’s proposal responds to the realities of a fraught few years for the profession. In Yemen, some 35 journalists have been killed since the country’s civil war began in 2011, and eight so far this year alone. At least 45 journalists, globally, have lost their lives in the first 10 months of 2018, among whom 27 were confirmed as murdered. To wit, the IFJ’s proposed Convention would include various protections aiming to deter violence, threats, and politically motivated intimidation of journalists, extension of humanitarian law concepts to ensure reporters’ safety in conflict zones, and similar measures.
Source: Creative Commons.
The humanity of journalists—and their own individual rights—often remain overlooked. While the gruesome murder of the Post’s Khashoggi’s in Istanbul catalyzed global attention, the sentencing of two Reuters reporters to seven years’ hard labor on dubious grounds, following their later-verified reporting on a massacre of Rohingya civilians in Rakhine State, Myanmar, barely registered. Other recent politically motivated arrests of journalists include Austrian Max Zirgast, arrested by “anti-terror” authorities in Turkey, adding to the “dozens of journalists” earlier arrested following the “failed military coup attempt” against Turkish President Erdogan in 2016. At least eight journalists were arrested in late September in Uganda for covering the return of an opposition leader, MP Robert Kyagulanyi, “the latest incident of Ugandan security personnel assaulting, harassing, or arresting journalists covering political tension” in the country. Four journalists, including the deputy editor-in-chief of Xinjiang Daily, were arrested in China’s Xinjiang Uyghur Autonomous Region the same month, accused of “publishing ‘two-faced’ articles,” a “vague term” indicating content “allegedly secretly [opposing Chinese] government practices.” As The Atlantic’s Krishnadev Calamur summarized, Khashoggi’s death was a signal of “a larger pattern of violence inflicted on journalists around the world … Year after year, reporters are detained, abducted, and, with some frequency, killed.” Calamur’s colleague, David Graham, decried the U.S. government’s at-best tepid response as “the end of American lip service to human rights.”
Unfortunately, all the foregoing trends appear present in the United States as well. In July 2018, Colorado Independent editor Susan Greene was “detained for ‘interfering’” with the police in Denver, Colorado, not far from the Colorado State Capitol. In May 2017, Montana Congressman Greg Gianforte attackedGuardian reporter Ben Jacobs after the reported “asked the then candidate a question about healthcare.” (Gianforte later pleaded guilty to assault, but nevertheless won his election.) And in late June 2018, the mass shooting at the Capital Gazette of Annapolis, Maryland—which left five Gazette reporters dead and two others injured—triggered mass responses from law enforcement agencies nationwide “to provide protection at the headquarters of media organizations.” From last week’s high-profile pipe bombs, sent to CNN headquarters along with noted Democratic politicians and backers, to the multimillion-dollar libel verdicts against The Raleigh News & Observer in October 2016, the world’s reporters face risks both legal and lethal.
Each of these cases—and especially the still-unfolding story of Jamal Khashoggi’s murder—highlights Kyle Pope’s earlier commentary on the importance of journalists to all societies. But each of these cases, of course, reflects an actual individual – a human being behind a byline or photo credit, with their own individual worth and singular humanity. These two understandings of journalists are not mutually exclusive, but instead are, or should be, mutually reinforcing. And policymakers and political leaders, perhaps following or building upon the IFJ’s proposed framework for a journalists’ human rights convention, must take seriously the risks facing the media at home and abroad.
Many reporters and photographers have lost their lives in crossfire, victims of the very conflicts they gave everything to shed light on. Many more have faced harassment, criminal charges, assault and, again, even death, far from the front lines. Our discourse—not to mention our laws, our policy priorities, and our foreign relations—must recognize and respond to these threats.
Authoritarian regimes have long threatened free media and free expression, as well as those who exercise those vital social functions. Today, however, we must be cognizant in all societies of these threats. Even if these values are enshrined in the First Amendment to the American Constitution, the Universal Declaration of Human Rights, or the Charter of Fundamental Rights of the European Union—all, in principle, inviolable—they must be vindicated and reaffirmed continuously. Revoking publication or television licenses remain obvious aberrations but preventing the dehumanization of journalists entails the same underlying concerns.
Again, as Kyle Pope eloquently noted, the murder of Khashoggi shocked global consciences because, “as a journalist, [he] represented something bigger than [himself], something that leaders around the civilized world have come to value.” That is, journalism and journalists reflect our commitment to information, to expression, to understanding governments and governance, as well as our commitment to seeing problems in the administration of our societies. The individual journalist, then, must be protected as an individual, endowed with human rights as much as any other. But as the guarantors of knowledge and understanding of human rights beyond themselves, journalists’ safety and capacity to work must be ensured – and we all must act vigorously whenever their safety and capacity are threatened, however overt or furtive the menace may be.
Andy Carr is a third-year law student at U.C. Hastings College of the Law in San Francisco, California. Previously, Andy extensively studied and researched in political science, receiving his BA and MA degrees at Christopher Newport University and Pennsylvania State University, respectively, and plans to return to complete his PhD beginning in fall 2019. In addition to human rights, media and journalism, and constitutional law, Andy is most interested in questions of democracy and democratic theory – what makes for a truly democratic society, what risks confront representative governments. In addition to his academic training, Andy has worked for a boutique campaign compliance law firm and two global human rights nonprofit organizations, in San Francisco and Washington, D.C.
The Middle East is a transcontinental region. When people think of the term “Middle East”, a host of thoughts come to mind such as deserts, burkas and Saudi Arabia. However, whether they are accurate is a completely different story. Most countries in the Middle East are often forgotten about, ignored, or misconstrued.
Location
One of the most interesting questions to ask people is: Where is the Middle East located? Most people don’t even know what countries consist of the Middle East. One of the reasons why is, in the United States, geography is a dying subject. In fact, about three-fourths of the eighth graders in the United States test below average in geography. Furthermore, in most schools, geography is not required in middle school or high school. Out of the fifty states, only seventeen actually require geography in middle school and only ten in high school. The Middle East consists of fourteen countries shown in the picture below. What surprised me was how I found numerous websites that differed on what countries they thought were actually in the Middle East.
Middle East Map. Source: Wikipedia, Creative Commons
Arab vs Muslim
What does it mean to be an Arab? An Arab is defined as someone who identifies as being an Arab and whose native language is Arabic. On the other hand, someone who is Muslim practices the religion of Islam. Being an Arab and being a Muslim are not synonymous. For example, you could be an Arab who is not Muslim or you could be a Muslim but not an Arab. Furthermore, about 60% of people living in the Middle East are considered Arab. There are other ethnicities such as Persians, Turks, Kurds, and Jews.
What most people don’t realize is that there are over one billion Muslims in the world, the second largest religion in the world, and the majority are not in the Middle East. In fact, the country with the largest Muslim population is Indonesia. Also, the majority of Muslims live in Asia. While the majority of the Middle East does practice Islam, there are other religions practiced such as Judaism, Christianity, Baha’i, and Zoroastrians. Furthermore, there are different sects of Islam such as Sunni and Shiite.
Another misconception is that all the countries in the Middle East are considered Arab countries. However, that is not the case. For example, Saudi Arabia is predominantly Arab. This misconception may stem from the fact that much of the Islamic faith is written in Arabic. So regardless of which country you reside in, you would have some knowledge of Arabic.
Diverse Societies
There’s a certain stereotype in regards to the Middle East called orientalism that generalizes the region as deserts with roaming camels with olive-skinned people wearing robes, turbans, and garments that completely cover women from head to toe. The fact of the matter is that the style and environment depends on the area of the Middle East. We must also consider other factors such as education, socioeconomic status, and individual preference. The veil is looked at as a form of modesty. The concept of modesty is meant to be applied to both genders and not just on women, and how each person interprets its meaning is different. Some countries such as Iran and Yemen do require veiling to go out in public; however, most people who wear a veil add their own twist to it. When considering the environment, the Middle East is geographically diverse. The Middle East seems to be defined by its deserts but there are also mountains ranges and rivers. One section of the world should not be defined as one thing. Many people see the Middle East as a backward “country” when it is, indeed, the contrary. Some of their cities rival those in the United States such as Lebanon, Iran, and Turkey. Demographic trends show that the Middle East has the “youngest population and it has the second highest urbanization rate in the world”.
A common misconception is that Middle Eastern women are oppressed and denied their basic rights because of their religion. Also, it is assumed, they must cover themselves with a veil because they are weak and passive. However, the concept of the veil actually came from Christian Byzantium, not Islam. Surprisingly, Islam gave women more rights than Western women, until the 19th century. In England, women were considered the property of their husband until 1882. However, Muslim women have always been able to keep their own assets. A more current example is when Muslim women are married they tend to keep their last name, while most Western women do not. Notably, in the Quran, Islam’s sacred book, it “states that men and women are equal in the eyes of God.” As you can see, Islam is not the determining factor behind women being oppressed. While religion can affect women’s rights, culture is the main factor driving the question of gender roles. As a result, you cannot assume all of the Middle East is the same and deem it as such. Depending on the region, women have different statuses and rights. While it is true that in Saudi Arabia women cannot drive cars, that is not true in other Middle Eastern countries. Women do have political and social rights in the Middle East, they just vary depending on the country. In fact, women have served as ministers in Iraq, Syria, and Jordan and as Vice President in Iran. That is not to say that the Middle Eastern women do not have problems, just that it is not as extreme as Western countries seem to think.
The Middle East deserves to be seen as diverse. By discussing location, religion, society, and gender people can gain a more open outlook on the Middle East. It is easy to let fear, ignorance, or the media dictate one’s perception; however, to change the cycle conversations must be created.
On Thursday, October 18th, an event titled How Germany Has Come to Terms With Its Past was held at the Birmingham Civil Rights Institute. The evening began with a lecture by former German diplomat Stefan Schlüeter who discussed how Germany has addressed its notorious role in World War II. Following, Schlüeter participated in a panel discussion with Laura Anderson (Alabama Humanities Foundation), Kiara Boone (Equal Justice Initiative) and Gregory Wilson (History Instructor at Lawson State Community College), putting this topic in the context of United States history.
Stefan opened by claiming there was silence in Germany after World War II, likely due to embarrassment and shame of the Nazi regime. Nevertheless, Schlüeter insisted we must keep the memory alive and never forget the millions who lost their lives during the Holocaust. Although there is an obvious presence of the country’s past, since the 1960s, German students have learned about the Third Reich in which he explained the teaching style and age of the student can mold how one processes this information; therefore, it is pivotal how one is taught. Such attempts to highlight and critique bigotry are a work in progress as we’ve clearly witnessed a resurgence of populism throughout Europe and North America.
The subsequent panel discussion centered on three main questions: How do we talk about the past? Who owns the past? How do we come to terms with the past? As a result of Birmingham’s legacy in the Civil Rights Movement, the discussion largely addressed the history of slavery and Jim Crow laws in the United States.
Kiara Boone Addressing a Panel Question. Source: UAB Institute for Human Rights
The discussion began by addressing how Americans are forgetting about controversial moments in history such as the Holocaust and Civil Rights Movement. This generated discussion about the possibility of mandating education of these histories, to ensure such events are never forgotten or to occur again. Wilson explained how he takes his students to museums, so they can view archives and artifact preservation behind the scenes, giving history a tangible presence. The panel then suggested there are holes in history and how bridging them with more information can cultivate nuanced discussion.
As for memorials, such as The National Memorial for Peace and Justice in Montgomery, it was suggested they be accompanied by information about the events as well as add individual narratives to the numbers of those who experienced oppression. The use of storytelling puts a face to a story, such as Harriet Tubman, and is better suited to resonate with audiences. Although, we can’t just change laws that mandate education, we need to change heart and minds of those who might carry attitudes that reflect the past.
When discussion centered on who owns the past, the panel demonstrated mixed feelings. It was argued that because we are all linked to history, we all own it. However, it was also demonstrated how depictions of history are predicated on power, leading to critiques of about Civil Rights education such as the lack of teaching around activist tactics and methods of the opposition. Such critiques beg us to further investigate these events and amplify the voices of people missing from these histories.
Following the panel discussion, audience members contributed to the discussion with their own questions such as: To what extent should Civil Rights education be focused on shock value? How do we integrate the legacy of colonialism into these teachings? What does it mean to be a good ally? Ultimately, dignifying these questions not only give us a more informed, honest account of history but also ensures those who need their voices heard the most are afforded their agency and liberation.
LGBT Rainbow Heart with Love Inscription. Source: b_earth_photos, Creative Commons
For the past 150 years in India, homosexual acts were not only banned but were criminally punishable by up to ten years in prison. Introduced in 1861, while India was still under British colonial rule, Section 377 of the Indian Penal code made illegal any “unnatural offenses” that were deemed as sexual activities “against the order of nature.” For many years this gave policemen, government officials, and local village leaders free reign to harass and discriminate against the LGBTQ+ population of India. Recently on 6 September 2018, the Supreme Court of India, after years of court decisions and decades of public protest, ruled that the application of Section 377 to queer and trans sex was unconstitutional. The justices denounced this law’s infringement upon the freedoms of LGBTQ+ people as it “criminalized consensual sexual acts of adults in private”. This determination has ceased much of the governmental abuse of the Indian LGBTQ+ population. It is worthwhile to note that despite the public opinion that Section 377 was repealed, the law is still active and applicable to other offenses such as rape, bestiality, and sexual acts with minors. The supreme court decision simply made it illegal to apply Section 377 to queer sexual acts.
Now that Section 377 can no longer target sexual minorities, India’s vast LGBTQ+ population is beginning to emerge from the shadows and realize their true selves in public without fear of prosecution and imprisonment. This is not to say that there is not a reason to still be afraid. Many people and institutions are still very hostile towards the queer and trans community because of the social stigmas, stereotypes, ignorance, and intolerance that are still very much ingrained in Indian culture. There is still much work to be done to educate the general population for LGBTQ+ issues to be destigmatized. There is hope that a culture friendly and accepting of all people, regardless of sexual or gender orientation, will soon become a reality in India.
It has long been held that “Section 377 in itself does not mean that you can be arrested for simply being or saying [that] you are lesbian, gay, bisexual, transgender, Hijra or Kothi. Your freedom of expression is not under threat”. This fact, however, has not prevented the widespread discrimination inflicted by police officers, hospital staff, and highly hostile work environments. India’s lack of a complete anti-discrimination law that protects all groups who may face prejudice has allowed such toxicity and hatred to fester and grow. Although a few anti-discrimination laws exist, they are not well enforced and only apply to public institutions. This means that all private Indian companies are free to discriminate against LGBTQ+ employees with no legal repercussions and allows government institutions to violate existing law without any harsh penalties. The criminalization of queer sex and the lack of adequate discrimination protections has ignited many lasting problems for the LGBTQ+ community. These people lack quality public healthcare, face cultural and religious persecution, and fear a prejudice entertainment industry that is encouraging the current generation of adolescents to be homophobic.
It seems odd that Section 377’s past criminalization of queer sex could damage the healthcare available to the LGBTQ+ population. However, it is important to realize that not only was having queer sex a criminal act, but anyone that was found to have helped hide or abet LGBTQ+ sexual acts would have also been prosecuted as an accessory to the crime. This was the case with Arif Jafar, an Indian health counselor. Arif made it his mission to attempt to help the queer population have safe sex and avoid being infected with HIV by handing out condoms each week. After nearly three decades of aiding the LGBTQ+ community, Arif was arrested for abetting and promoting the criminal offense of queer sexual acts. He was beaten, spent 47 days in jail, and has had to appear in court each month for over a decade. This is but one of the many atrocities committed against the LGBTQ+ people because of Section 377. Simply selling condoms and other objects used for safe sex to queer/trans men and women was unlawful. This created dangers for both the LGBTQ+ community and any doctors willing to serve them. For these reasons, many LGBTQ+ in India have avoided healthy sex conversations out of fear that their doctors, nurses, or other healthcare professionals involved with their care would report their “criminal” sexual acts to the authorities.
Section 377 instilled so much fear in the LGBTQ+ community that many refused to see a doctor for treatment for AIDS and other sexually transmitted diseases. In fact, the UN collected data detailed in the 2017 UNAIDS Data report that showed that the national HIV infection rate for queer men is 4.3% while the national average is .31%. This means that queer men are nearly fourteen times more likely to be infected with HIV than straight men. It is impossible to determine exactly how large of an impact the lack of access to condoms and other safe sex essentials has had on the LGBTQ+ HIV epidemic. However, it is clear that these policies could only have increased the health risks for this community.
In addition to preventing many from seeking or receiving proper medical care, doctors were not well educated on the common spectrum of LGBTQ+ health issues, and as such were not adequately equipped to serve these patients. Even after the recent Supreme Court decision absolved these risks, the vast majority of the LGBTQ+ population are still hesitant to going to the doctor for sexual related issues. Doctors play a key role in providing sex education to their patients. It is well established that these safe sex talks help to decrease patients risk for sexually transmitted diseases. However, when patients fear talking to their physicians for fear of getting reported to the authorities then these safe sex talks do not occur. One can only hope that the sacred bond and trust between patient and physician can heal over time for this community.
Many Indians cite cultural and religious reasons as grounds for their anti-LGBTQ+ attitudes. However, this stance doesn’t hold up under scrutiny. Hindu culture has a long history of acceptance for LGBTQ+ people and religious figures. H. H. Sri Sri Ravi Shankar makes this point clear by saying that “Homosexuality has never been considered a crime in Hindu culture. … It is not a crime in any Smriti. Everyone has male & female elements … [and] Nobody should face discrimination because of their sexual preferences. To be branded a criminal for this is absurd”. Institutions such as the Hindu American Foundation and the Gay & Lesbian Vaishnava Association corroborate this pro-LGBTQ+ attitude. This begs one to question why public opinion differs from historical evidence and major religious organizations.
The answer lies 150 years ago when Britain took direct control of India from the British East India Company. After Britain began governing India in 1858, they implemented Section 377 and other social policies that attacked the prevalent LGBTQ+ population India had at the time. This was an enforcement of British values on Indian society. When India decriminalized queer sexual acts this past year it wasn’t, “India becoming ‘westernized.’ It’s India decolonizing.” says Twitter user @shamiruk. Being colonized and subjugated for many generations has caused a multitude of prejudice western practices to become entrenched in Indian society. The goal moving forward is for India to evolve past the harmful effects of colonization and be fully reunited with the LGBTQ+ accepting culture of pre-colonial India.
LGBT activist during the 16th Kolkata Rainbow pride walk 2017 in South Kolkata on Sunday, December 10, 2017. Express photo by Partha Paul.
Although great strides are being made to help the LGBTQ+ community gain legal protections and societal acceptance in India, the current entertainment industry’s portrayal of the queer community in a negative light, often at the butt of insults and jokes, is endangering an entire current generation of young people to be homophobic. The progress for widespread social change has been incredibly slow. There are many stereotypes in mainstream Indian cinema that only fuel derogatory comments and demeaning behavior towards the LGBTQ+ population. In fact, after the news spread about the Supreme Court decision on Section 377 many young people were tagging each other on Instagram and Twitter saying things like “you’re free now!” in teasing and mocking tones. The term “gay” itself has become a common insult for kids to tease and mock their peers. This highly toxic culture is the direct result of a society that makes light of making fun of the LGBTQ+ community as ‘just joking’ by media outlets, and even the parents and role models of these young children. Scared of the prejudice and abuse that being openly queer will bring, many LGBTQ+ people still aren’t comfortable with coming out and being comfortable in their own skin.
The 6 September 2018 Supreme Court decision to decriminalize queer sexual activities by Section 377 was a major step forward in LGBTQ+ rights and protections. This is a milestone that will forever be remembered as a landmark case in the LGBTQ+ social movement for acceptance in Indian society. Going forward there are many issues left to tackle. The most crucial factor in combatting these issues is educating the public on the LGBTQ+ community. This is vital to removing the deeply ingrained homophobic stigmas. A more educated and open-minded public will also be more likely to elect governmental officials who will enact laws to protect LGBTQ+ people. If the public can learn how to be accepting and respectful of LGBTQ+ individuals, then both institutional and societal change can happen.
The government needs to take a key role in helping to enact these changes by, “disseminating new guidelines to public institutions, especially to law enforcement,” says Dr. Sambuddha Chaudhuri. Chaudhuri is a public health expert based in Mumbai, who has done research on HIV and sexual minorities. Steps need to be taken to educate the public through media outlets and by instituting LGBTQ+ education in primary and secondary school curriculums. Meanwhile, the government should focus on passing laws to protect the rights of the LGBTQ+ community. This top-bottom two-pronged strategy will help to quickly facilitate the necessary legislative changes and increased pace of social acceptance required to make a pro-LGBTQ+ India that people deserve.
Beautiful woman. Source: Henry Söderlund, Creative Commons
According to the Centers for Disease Control and Prevention, one in three women and one in six men have experienced sexual violence . The term sexual assault refers to “any type of sexual activity or contact that happens without your consent.” Though, the most obvious examples of sexual assault are physical, such as rape and unwanted touching, it can also be found in verbal and visual forms, such as sexual harassment or exposing oneself.
Sexual assault is a particularly significant concern on colleges campuses. It is experienced by one in five college women, and the majority of survivors are women between the ages of eighteen and twenty-four. For men between 18 and 24 years old, being a student increases the likelihood that they will be assaulted by 78% in comparison to those of the same age who are not students. Due to the breadth of its impact, sexual assault on college campuses is an issue that urgently needs to be addressed.
Intersectionality and Sexual Assault
When discussing this problem, it is important that we recognize that not all groups experience sexual assault at the same rates. The people who are most at risk are those from minority communities that typically have less social and political power than majority communities.
Title IX is part of the Education Amendments of 1972 and prohibits discrimination based on sex in federally funded schools. Colleges must have systems in place to deal with sexual assault, since it can have a serious impact on an individual’s educational experience. They should investigate every reported incident and make any necessary accommodations to make sure that the education of assault survivors is negatively impacted as little as is possible.
Secretary of Education Betsy DeVos has proposed some changes for exactly how colleges are to handle reports of sexual assault, but, at the moment, students still have the rights set forth by Title IX and the Clery Act, which include the Campus Sexual Assault Victim’s Bill of Rights. Under the Clery Act , survivors have “the right to receive written explanation of their rights and options,” and colleges must have “a policy on campus disciplinary proceedings” for sexual assault. In these proceedings, both the survivor and the accused have the rights to equal opportunity to have each other present as witnesses, the accompaniment of an advisor of their choosing, and “simultaneous written notification” of any updates.
If you have experienced sexual assault on a college campus, you can report it to your school, get to know your Title IX coordinator and school’s policies, and file a police report.
College student. Source: Yuya Tamai, Creative Commons
Rape Culture
Exacerbating the problem of sexual assault on college campuses is the prevalence of rape culture. Rape culture consists of the behaviors, language, and beliefs through which sexual violence is “normalized and excused.” This can range from victim blaming, to the use of phrases like “boys will be boys,” to sexual assault itself. This is especially impactful on the relationship between women/girls and sexual assault. Rape culture leads to people asking female sexual assault survivors questions about what they were wearing and whether or not they were drinking, as if those factors are the reasons why people are attacked. As girls grow up, they are taught what steps to take to help them stay safe. The responsibility to prevent rape and assault is primarily placed on the people at risk of experiencing these things rather than being focused on teaching people not to be perpetrators. Rape culture is a huge part of why many survivors do not report their assault . Among survivors on college campuses, more than 90% do not report.
Rape culture is also perpetuated by phenomena such as toxic masculinity, which emphasizes the gender expectation for men to be aggressive and dominant. Many people use this traditional view of what it means to be a man to minimize the significance of sexual assault to simply “men being men.” This idea, as well as rape culture as a whole, frames sexual assault as something that is inevitable or a normal part of life rather than a serious problem that needs to be stopped. This also leads to the assumption that men are always the perpetrators and survivors are always women, which is completely untrue. Men and non-binary individuals can be assault survivors. Women and non-binary individuals can be assaulters. People can be assaulted by someone of the same or a different gender. Sexual assault does not always fit the stereotypes we have been taught.
Safety Precautions
If you are one of the many people who worries about their safety and about assault on a regular basis, here are some things you can do that will hopefully help you feel a bit more comfortable. If you are not someone who feels the need to think about these kinds of things, this may be an opportunity to broaden your perspective and learn more about the things many of us have do to in order to feel even slightly safe.
Try to avoid walking out alone at night.
If you have to walk alone at night, consider calling someone and staying on the phone until you reach your destination.
Do your best to walk in and park your car in well-lit areas.
Carry pepper spray with you.
If you are out at night, try to make sure that someone knows where you are going to be and at what times.
Check the back seat of your car before getting in.
Make sure you have a reliable form of transportation if you are out at night.
Avoid jogging alone at night.
Always be aware of your surroundings, especially if you are alone.
Consider taking some classes in self-defense.
If you get a drink at a party or bar, watch them make the drink and do not leave it alone.
Consider downloading an app like Noonlight, which can make it easier to contact emergency services if you feel unsafe or if you are unsure if you should call 911.
Sexual Assault Is A Human Rights Issue
It is vital that throughout the conversation about sexual assault we recognize it is a human rights issue. It is an issue of equality for people of all genders, sexualities, races, and abilities. Article 26 of the Universal Declaration of Human Rights (UDHR) states, “higher education shall be equally accessible to all on the basis of merit,” but many college classes do not end until it is already dark outside. Safety concerns prevent some people from taking these classes, while other people are able to take any of the available classes they want. According to Article 27 of the UDHR, “…everyone has the right to freely participate in the cultural life of the community,” but many cultural events, such as concerts and educational events, happen at night. If someone fears going out that late and/or has no safe mode of transportation, how can they enjoy this right? How can they use their right to freedom of expression if they are afraid (Article 19)? How can someone live in an environment that supports their mental health and wellbeing if they are afraid (Article 25)? How can they enjoy the equality that all people share if they are afraid?
Crazy Rich Asians, a film adaptation of Kevin Kwan’s 2013 book, was released on August 15, 2018. This movie has generated discussion in the representation for the Asian community through gender, class, and race. However, these efforts have been deemed controversial. The point of this film is to get people talking about the topic of representation and simply there is no way to make everyone happy. However, this film will lead the way to an industry that has been recently revived by the likes of movies such as Coco, the Big Sick, and Hidden Figures.
How Crazy Rich Asians is different
The film is based on the first book of the trilogy that covers Nick and Rachel’s journey. Interestingly enough, the film is a romantic comedy. When I think back to my childhood, that was all the rage. Unfortunately, in the past couple of years, rom com’s have faded into oblivion. Thankfully, it seems over the past couple of months that a number of new rom coms, such as Set it Up, To All the Boy’s I’ve Loved Before, and Love, Simon are on the rise.
Heart hand. Source: Max Pixel, Creative Commons
In the film, the two main characters, Nick and Rachel, fall in love, so Nick decides to introduce Rachel to his family in Singapore. What Rachel does not know is that they are one of the richest families in the country. In the beginning, the movie seemed like any other rom com with your basic love story. However, what took me by surprise was the multidimensionality of the characters. While Nick’s mom, Eleanor, can be seen as the stereotypical “villain”, this story takes a different route and adds more elements to her character. Instead of simply being portrayed as evil, the movie shows other sides to her character such as her dedication and hard work for her family. This movie provides us with the reasons behind her “evil” traits, which makes it harder to dislike her. Humans are not one-dimensional beings; we have numerous traits that come together to make us who we are. A person is not just evil, but instead has multiple traits.
Another innovative idea is how this movie portrayed stereotypes. The movie begins with Nick’s family entering a fancy hotel in London during a storm, which made the floor muddy. The manager claims they do not have any room for her. In retaliation, Eleanor convinces her husband, Philip, to buy the hotel and in doing so makes the manager clean the floor. This scene causes the audience to feel sympathy toward the protagonist. What is genius about this scene is how they made a character who is normally not seen as relatable into someone we care about and sympathize with by showing their vulnerability. Another important concept was the fact that Rachel was given the majority of power, not Nick. Usually, the male decides between his mom or his girlfriend. However, in this movie, it is Rachel who makes the decision. This movie challenged gender stereotypes about who should have power and control.
Dark reality of Singapore
This film, for the majority of time, is set in Singapore, a small island nation in Southeast Asia. While the movie does not go in depth on the struggles of Singapore, such as their strict government and criminal justice system it provides a place for conversation to occur for those who wish to learn more about the country. Intentionally or unintentionally, the world will be talking about Singapore.
The author, Kevin Kwan, is wanted by the Singapore government for not participating in their mandatory military service which sheds some light on the harsher realities of what it is like to live in Singapore. It is a parliamentary representative democratic republic, meaning their President is the head of state, while their Prime Minister is the head of the government. Compared to the United States, there are numerous surprising, strict rules in Singapore such as it is illegal to smoke in public, feeding pigeons, or even connecting to someone else’s Wi-Fi which has $10,000 fine. There are restrictions on who can say what and what information is published through blogs or articles.
Singapore Black & White. Source: Pixabay, Creative Commons
Making a splash in the Western world
Currently, in Western movies, there is a disproportionate amount of white actors and actresses compared to non-white actors and actresses, especially as the main character. The main reason why Crazy Rich Asians is groundbreaking is because it contains a cast of Eastern Asian actors and actresses. It is dismal to think that having casts of different races and cultures is not the norm. The only other movie produced in Hollywood that has an all-Asian cast is The Joy Luck Club, a 1973 film about Chinese women who meet up and play Mahjong and discuss stories about their family. Hence, it took 45 years for another all-Asian cast film to make the headlines.
A lot of the controversy with hiring different races comes with assuming what people want to see. Many people presume that Americans want to watch an American movie with actors that look like them, which means mainly “white”, so they can relate. The irony is that it is predicted in 2045 that most Americans will not be considered white, so why do producers think that most movie actors should be predominantly white? Many of the presumptions emerge with culture and what we are used to seeing. However, in the past years, there have been more films created to show the diversity of underrepresented communities such as Black Panther and Get Out. However, even with the rise of more diverse casts, 1.4 actors out of every 10 people are people of color. That is the startling reality.
The reason this story is refreshing is because of how the movie has a new take on a common story plot, although we see different people than we normally would. In fact, there are certain parts in the movie where they poke fun at Americans. In Western movies, occasionally, they throw in people of race to “diversify their movie”. However, you can usually tell they did it just to fill their quota; personally, it never quite feels real. In this movie, they rarely include white people and they do only to fill their requirement. For example, one of the scenes that stood out to me was when a man told his kids to eat his food because of all the starving kids in America. Also, when they include beauty queens in a bachelorette party, instead of looking at other countries and how different they are from the United States, we get a role reversal of how different it is from Singapore. Another unique aspect of this film is how it focuses on the second generation of immigrants. In the past, we have seen trite storylines on an immigrant coming to the United States and chasing the American Dream. This movie stands out because it is not afraid to poke fun at things we consider our “norm”, which leads to new possibilities of what the future will hold for the big screen.
No film is perfect
On the other hand, while this movie is groundbreaking, it is not without its weaknesses. One of the major shortcomings that people were quick to mention was the misrepresentation of the Singaporean population. Singapore is culturally diverse and includes people from other places such as Indonesia and Malaysia. People were looking for brown or non-Eastern Singaporeans among the cast; however, they were depicted as the working class. Based on a person’s skin color, they are treated and perceived differently. In fact, this movie plays into the stereotype that Asians are thought to have lighter complexions. The film had an all-Asian cast, but they were all East Asian. The film could have had more diversity. Especially, since one of this film’s biggest pillars is “the inversion of racial expectation”. It is paradoxical to say it is an innovative movie, when in fact it plays to some of the same stereotypes they are fighting against. To be fair, the focus of the movie is on an extremely wealthy Chinese-Singaporean family; thus, this movie is not trying to depict the entire Singaporean population. It is important to consider that regardless how great of a movie this is, there will always be some backlash. However, this may even be why it is such a great movie whereas it creates dialogue on topics that are often ignored or not noticeably addressed.
When someone close to me questioned the importance of my marching with White Birminghamians For Black Lives, I wrote this poem as a response. I proudly carry a sign, “White Silence Breeds Injustice,” every Friday from 4:30-6:30 at Kelly Ingram Park. Everyone is welcome.
White Birminghamians for Black Lives. Source: White Birminghamians for Black Lives Facebook Page. Used with permission
“WHITE SILENCE BREEDS INJUSTICE,”
Words I hold in my hands
For those whose hands are shackled
Or too full with work
And growing healthy babies.
Can our voices speak as theirs
Or do we dilute their words?
Can I ally with Dreamers,
Insulated by my birthright?
Can I represent the poor
With no balance on my Visa?
Can I fight for women’s rights
And parent three white males?
What makes a marcher relevant?
What deems a march impactful?
Pussy hats and Trump attacks
And “Free Melania” placards?
If I echo, “Me Too,” and state,
“No Hate, No Fear,”
Are these the stuff of change?
If we few insist on marching,
Does our weekly selfie morph
Into a media laughingstock?
Distractors, subtractors from the core?
Interlopers, intruders on could-be passion?
Transformative, informative,
Or just subnormative?
Can we convey, “Black Lives Matter”
As a smattering of whites?
Are we a joke gone viral
In our efforts to protest
For those we cannot protect?
Can we sense Black pain
Enough to hail its power
Over all Americans?
When two or three are gathered
In the name of Social Justice,
Do we frustrate the huddled masses
Or does good emanate from the act?
“Yes,” I say ground is gained
By our meager footsteps.
Our rallying imprimatur leaves
Permanence in its wake,
For white silence breeds injustice.
Mary Johnson-Butterworth, age 69, has been a social justice activist most of her adult life. She has facilitated social justice workshops for middle and high school students throughout the Birmingham area and beyond with the YWCA of Central Alabama, the National Conference for Community and Justice, the National Coalition Building Institute, and YouthServe. Mary has also been on staff at a residential YWCA diversity camp, Anytown Alabama, for 22 years and has facilitated trainings for corporate entities, Leadership Birmingham, and Project Corporate Leadership. She has recently discovered the power of poetry to transform her own life and the lives of impacted listeners.
On Monday, October 1, the Institute for Human Rights co-sponsored an event with local education, faith-based and law organizations, titled Addressing the Global Refugee Crisis – Part 1: Focus on Europe. Following, Dr. Tina Kempin Reuter, Director of UAB Institute for Human Rights, and April Jackson-MacLennan, J.D., from the Law Office of John Charles Bell, L.L.C., covered the legal challenges of this phenomenon from an international and national perspective, respectively.
Dr. Reuter Presenting Refugee Statistics. Source: UAB Institute for Human Rights
The event began with a viewing of the documentary Non Assistance, sponsored by the Consulate General of Switzerland in Atlanta, which illustrates how sociopolitical crises in the Middle East and North Africa have galvanized thousands of people to flee their home countries, permeating the Mediterranean Sea with frail boats past occupancy, holding limited supplies. Just like its title, the film focused on the lack of assistance refugee boats receive during their treacherous journey, highlighting the tragedy on March 27, 2011 that lead to 63 Tripolitanian refugee fatalities.
Despite endearment from many Europeans citizens, like the vigilantes that aim to rescue whoever they can with their personal boats, many ships in the Mediterranean to do not strive to assist the refugees. However, in 2015 alone, Doctors Without Borders rescued over 23,000 people in the Mediterranean with a just three boats, demonstrating how non-governmental parties can be instrumental in addressing this crisis. One theory for this disparity is, since the first country of contact is responsible for reporting asylum, governments do not want to carry the burden of assisting refugees. Such an outcome begs us to ask: What steps are the European Union (EU) taking to address this issue? How would you feel being lost and abandoned at sea with just the shirt on your back? Where is the humanity?
After the film, Dr. Reuter and Mrs. Jackson-MacLennan fielded questions from the aghast, yet spirited, audience. People wanted to know what can be done; answers centered on policy change and contacting elected officials. Others asked why rescue ships are being held at the ports, leading to discussion about the legal entanglements that now restrict these boats from aiding refugees. Despite there being less rescue boats navigating the Mediterranean and a drop in migration via this route, often attributed to slowing of violence in the Syrian Civil War, there is still a need to assist refugees.
Mrs. Jackson-MacLennan Engaging with a Student. Source: UAB Institute for Human Rights
On November 12, the sequel to this three-part series, titled Addressing the Global Refugee Crisis – Part II: Focus on the United States will be held at Birmingham-Southern College and followed by the third event in early 2019, at Samford University, where action planning around this global issue will take place. Please join us for the following events whereas every voice and helping hand counts.
United States Supreme Court. The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill. Source: Matt Popvich, Creative Commons
I read “The Presumption of Guilt: The new liberal standard turns American due process upside down” the other day. I found this piece presumptuous at worst, and revelatory at best. The WSJ editorial board outlines three core tenets potentially derailing due process in the Kavanaugh appointment, most notably the presumption of his guilt. These core tenets, in the board’s estimation, will defend against a mockery of “the new liberal standard of legal and political due process.” What strikes me most about this piece is the presentation of their core beliefs about the justice system in America: “The core tenet of Anglo-American law is that the burden of proof always rests with the person making the accusation.” What the board revealed is the ever-present reality that populations of color in this country know and experience daily, and this fact is symbolized in the very name of the board’s ideal legal system itself: Anglo-Saxon. The law is not as colorblind or unbiased as the justice system would have us believe. The law is not for the protection of all; it is for the protection of Anglo-Americans. It is a law to the exclusion of everyone else. This blog, using the outlined WSJ tenets as section headers, speaks to the presumption of guilt applied daily to marginalized populations without due process.
Tenet #1: The core tenet of Anglo-American law is that the burden of proof always rests on the person making the accusation. Non-whites do not get the benefit of the doubt, even when video evidence, witness statements, or 911 recordings indicate otherwise. For marginalized persons, few opportunities transpire to make an accusation or offer a defense. Consider any number of non-threatening Sikhs, Muslims, Native Americans, or Blacks who find themselves on the receiving end of the “fear” of a White person for their safety. The accusatory nature of white America against persons of color, especially Blacks, living their lives has become so galvanized that #whileblack is a social media phenomenon.
#WhileBlack spotlights White Americans willingly interfering and causing disruption in the lives of Black people. Whether a politician canvassing a neighborhood or realtor checking on a property or a White grandmother riding home with her Black grandson, White Americans usage of the police as quenchers of irrational fear may result in the death of another unarmed and unassuming citizen. A few months ago, a group of Black women packed their car following their vacation when White residents phoned the police, accusing the women of robbing the AirBnB house where they stayed. Even after pleading their case, the officers did not believe the Black women. A White student at Yale phoned the police on two different Black students on two different occasions because she believed they did not belong on the campus. Colorado campus police detained two Native American students visiting a university when a White parent complained that the boys seemed threatening because they did not say much during the tour. In addition to highlighting the direct and structural violence that non-Whites face over the course of the day, #whileBlack showcases that the mastery of accusation and othering heavily favors the dominant party.
Tenet #2: An accusation isn’t any more or less credible because of the gender, race, religion or ethnicity of who makes it. This tenet suggests that any accusation is worthy of address. Recent history, including accusations against Roy Moore and this current case, tell us that many Americans presume the innocence of white males in the entertainment industry and political arena over white women. Thus, revealing a gender bias. Just ask Bill O’Reilly, Les Moonves, and Louis C.K. Presently the exceptions to this rule are men of color like Aziz Ansari and Bill Cosby.
Accusations of sexual misconduct by women of color are often dismissed or discredited. In 1991, Anita Hill came forward with allegations against Supreme Court nominee Clarence Thomas. When Lupita Nyong’o said Harvey Weinstein sexually harassed her, Weinstein denied the possibility of it, despite more than 40 other women making similar and more explicit claims. This tenet, however, is inaccurate if you are Carolyn Bryant or Donald Trump. Carolyn Bryant lied to a judge and jury in 1955. With that lie, she sentenced Emmett Till, a 14-year-old Black boy from Chicago, to a lynching by Bryant’s husband and other family members. Donald Trump, in 2008, initiated and perpetuated the birther narrative about President Obama. Despite the release of Obama’s birth certificate in 2011, many doubt Obama and believe Trump.
Scales of Justice-Frankfurt. Source: Michael Coghlan, Creative Commons
Tenet #3: The right to cross-examine an accuser. This tenet is the crux of due process as exercised under the auspices of a third party, whether a mediator, a judge, or an adjudicator. “The denial of cross-examination is a major reason that campus panels adjudicating sexual-assault claims have become kangaroo courts.” The right to confront an accuser is a component of justice; however, in many cases of sexual assault and violence, there is an invoking of “boys will be boys” and/ or “that’s just what we did in high school and college” to bypass cross-examination and the potential for prosecution altogether. This flippant attitude is primary to the problem. A double standard has always existed when describing the sexual behaviors of men and women.
In conclusion, what is interesting is for all the chatter of due process in this piece, the WSJ editorial board fail to recognize that due process is exactly what the women who have stepped forward desire. Due process allows the accusers the opportunity to tell their sides of the story and Kavanaugh to tell his side. It allows for cross-examination and a committee of his peers to decide if he should find himself rewarded with a lifetime appointment to the Supreme Court. Due process should bring about a more just society and system.
If the failure to administer due process signals “the new liberal standard”, how does it apply to conservative-led initiatives? Republicans control the executive, the legislative, and the judiciary – in effect, the Republican party is the chief executor of due process in all branches of government. Are Americans to infer that government officials have not implemented the due process as standard operating procedure? If there is a failure of due process, the burden of responsibility falls at the feet of the Republicans.
Due process seems like an overarching ideal outworked in the request to receive all the documents concerning his judgeship so proper vetting could take place in preparation for the confirmation hearing. It seems like a logical next step when considering the “committee confidential” emails that should not have been confidential; if there is nothing to hide, given the presumption of innocence and blind trust this society is to have for its leaders. Why is a due process so important in this case and for this person but not for others?
Where are the demands for due process for the children stolen from their parents and held hostage by the government as migrant families seek refuge in a country that once held so much promise? Where are the demands for due process when unarmed men, women, and children are murdered in their schools or on playgrounds, or streets or in their homes? Where are the demands for due process for the thousands of survivors of abuse in the Catholic Church? Where are the cries for due process when individuals commit suicide because they experience bullying because of something they cannot change or choose?
Articles 6-12 of the Universal Declaration of Human Rights outline the basic tenets of due process. If Kavanaugh has nothing to hide and believes, as an officer of the court, that the system is just, then he should have no issue facing his accusers, calling a cross-examination, and letting the justice system work. Unless he knows the demands for due process are inequitable because justice is not just.
What is the meaning of “due process” as a component of the justice system, if a potential justice stymies the rights of accusers during his pursuit of a position in the highest court of the land as an executor of the justice system?
UAB is an Equal Employment/Equal Educational Opportunity Institution dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, sex (including pregnancy), genetic information, age, disability, religion, sexual orientation, gender identity, gender expression, and veteran’s status. As required by Title IX, UAB prohibits sex discrimination in any education program or activity that it operates. Individuals may report concerns or questions to UAB’s Assistant Vice President and Senior Title IX Coordinator. The Title IX notice of nondiscrimination is located at uab.edu/titleix.
