Kashmir Crisis: How the World is Reacting

A child peeking out of torn plastic from a window
Source: Kashmir Global, Creative Commons

The Kashmir region in South Asia, once known as the “Heaven on Earth”, has been under dispute since 1948. Recently, human rights abuses have escalated as a result of the Indian government stripping the autonomy of Kashmiris through the removal of Article 370. For more than two months people have been detained in their homes under a curfew with limited access to the outside world. The responses to this crisis have been mixed, and this post unpacks some of the different reactions around the world.

Experts appointed by the UN’s Human Rights Council expressed their concerns over the government-imposed curfew, communication shutdown, use of force by troops, movement restrictions, and the arrest of political leaders and human rights defenders in the region. They reminded the Indian authorities that the restrictions imposed by them were against the “fundamental norms of necessity and proportionality” and violated Article 19 of the Universal Declaration of Human Rights, which ensures the right to freedom of opinion and expression. The communication blackout and restrictions on peaceful gatherings were deemed inconsistent with their basic rights. Additionally, the use of live ammunition on unarmed protestors could violate the right to life and is permissible “only as last resort and to protect life” according to the experts. The situation was referred to as a “collective punishment” for civilians without the pretext of any breach and the Indian government was urged to lift the brutal curfew as reported by the Council.

One of the most notable instances where the Kashmir issue was brought up was the 74th session of United Nation’s General Assembly (UNGA) in New York City last month. Chinese foreign minister Wang Yi, Turkish President Tayyab Erdogan, Malaysian Prime Minister Mahathir Mohamad, and Pakistan’s Prime Minister Imran Khan were the ones to raise the Kashmir issue on the world stage. PM Khan exceeded his allowed time to speak for Kashmir and urged the UN to take action. He demanded that India lift the inhumane curfew and reminded the world and the UN of their responsibility to take action against the ongoing violence against innocent civilians. He also warned that

“When a nuclear-armed country fights to the end, it will have consequences far beyond the borders. It will have consequences for the world. That’s not a threat, it’s a fair worry. Where are we headed? I’ve come here because this is a test for the United Nations. You guaranteed the right to determination of the people of Kashmir. You have a responsibility.”

Indian Prime Minister Narendra Modi avoided any mention of the atrocities and his government’s actions in Kashmir during his speech while thousands of people protested outside the UNGA. The protestors included a wide range of South Asian organizations and carried banners opposing the “military occupation” of Kashmir and “disenfranchisement of seven million Kashmiris”. They chanted slogans demanding Azaadi meaning “freedom” for the victims. In addition to the people of South Asian descent, the protest also included concerned North Americans and organizations like Black Lives Matter, Jewish Voice for Peace NYC, Hindus for Human Rights, India Civil Watch, and the Indian American Muslim Council.

https://www.youtube.com/watch?v=b-Gmmn_a25Q

Amnesty International also launched a Let Kashmir Speak petition asking the Indian govt to put humanity first and let the people of Kashmir speak by lifting the communications blackout. Kumi Naidoo, Secretary General of Amnesty International said that “The people of Jammu and Kashmir should not be treated as pawns in a political crisis, and the international community must come together to call for their human rights to be respected.” Amnesty also tweeted that “the unilateral decision by Government of India to revoke Jammu & Kashmir’s special status without consulting J&K stakeholders, amidst a clampdown on civil liberties & communications blackout is likely to increase the risk of further human rights violations & inflame tensions.”

While responses by the UN and international organizations have remained limited, people have continued to mobilize to bring attention to the ongoing humanitarian crisis. Recently Times Square in New York City, one of the busiest pedestrian intersections in the world, highlighted the Kashmir issue by slogans saying, “Restore Human Rights”, “Stand with Kashmir”, and “Free Kashmir” at the end of September. Reports suggest that it was sponsored by the collective effort of the Pakistani community in the United States.

Times Square on September 25th, 2019. Source: Twitter/Government of Pakistan

Grassroots mobilization is also occurring within Birmingham locally, among residents of Kashmiri origin and those having families in the blocked territory. They conducted an awareness and fundraiser dinner in partnership with the Birmingham Islamic society this Sunday to explain the crisis in Kashmir and to collect funds to lobby against the Indian government’s violence. The description of the event stated that

“The ongoing crisis in Kashmir has barely received any media coverage although it’s currently one of the worst massacres in the world. Not only is the Indian Government responsible for over 100,000 Kashmiri people murdered and over 10,000 Kashmiri women raped, but they have implemented a blackout on all of Kashmir preventing people from using internet and phones to contact the outside world. This event will provide you with more awareness as well as collect any funds, if you can, to lobby.”

At UAB, the Muslim Student Association (MSA) is raising money for the Kashmir cause at their annual Fastathon. According to the organization, “This year, the MSA is raising money for the humanitarian crisis in Kashmir. For every pledge to fast, people in the community will donate money for the cause. Kashmir valley, Jammu and Kashmir is an ‘open air prison’. As soon as this lockdown ends, there will be an immense and immediate humanitarian need. Pledge to fast for a day and help us feed, provide medical supplies, and raise awareness for the Kashmiri refugees”. They have also been conducting bake sales to raise funds for Kashmir relief in the past few weeks outside the Mervyn H. Sterne library.

People around the world have been showing their support for Kashmiris according to their own resources and levels of influence. Unfortunately, the situation has not been improved and millions of people are still being held hostage in their homes and neighborhoods. World authorities, powers, and humanitarian organizations need to take action against these human rights violations and project their voice to a larger, global audience in order to mobilize relief efforts. The world needs to recognize the gravity of the crisis and its consequences to take immediate and appropriate action.

The Sheer Violation of Human Rights in Kashmir

Devastated Kashmiri girls crying while holding on to fence
Kashmiri girls crying for justice. Source: Kashmir Global, Creative Commons

This Sunday September 29, a protest and awareness gathering was conducted at Linn Park by the Birmingham Islamic Society to advocate for the rights of Kashmiris. The attendees dressed in red to show their support for the victims who vocalized their concerns and shared their stories. Some local Birmingham families have not been able to get in touch with their family members back home for almost two months now. All forms of telecommunication have been blocked in the region, cutting them off from the rest of the world.

The Kashmir region in South Asia, once known as the “Heaven on Earth” due to its naturally beautiful valleys and landscapes, has been a disputed territory since the partition of India and Pakistan under the British rule in 1947. The countries have been at war three times on the conflict of claiming the region and rule it in parts. The UN’s Security Council Resolution of January 20, 1948 proposed a commission of three UN representatives to be selected by India, Pakistan, and Kashmir to mediate the situation, but the delay in the formation and implementation of the commission caused situations to change, and it ultimately failed to reach a conclusion or to devise a practical solution to the crisis. Control of the region has been disputed since then.

On August 5th earlier this year, the Indian government revoked the special status of the Indian-occupied region of Kashmir under Article 370 of its constitution. The only Muslim majority region of the country had the right to its own constitution and autonomy to make internal decisions under the article due to its special status, and annulling it has stripped them of these rights. Additionally, nearly 10,000 armed troops were sent to the area to impose a curfew in the region, evacuate tourists, shut off internet and other communication, and imprison their leaders.

As of October 1st, it has been 58 days since the lockdown of the territory. About eight million residents have been held hostages in their homes at gunpoint. The general public is not allowed to leave their homes and carry out their businesses, the schools and workplaces are closed, people are confined in their homes and neighborhoods, and the region is completely blacked out from the rest of the world. People with families and friends in the region are worried about their safety and are unable to contact them. The area has been flooded with armed troops and there is an overall sense of terror in the environment. This is a sheer violation of human rights being carried out for about two months now, but the world is silent.

The press has been trying to get into the disputed region to directly hear the views of victims. In video-recorded interviews, victims allege the Indian Army of subjecting them to extreme physical torture and mental persecution. Abid Khan, a 26-year-old Kashmiri, claims to have been grabbed by soldiers from his home in Hirpora and taken to a military camp where he was assaulted. His detailed account of the incident includes extreme physical and sexual abuse at the hands of four soldiers. Others reported being hung upside down, beaten with bamboo sticks, being electrocuted, and forced to drink large amounts of noxious liquid.

The Human Rights Watch has expressed its concern through issuing articles like “India: Basic Freedoms at Risk in Kashmir”, “India Needs to Step Back in Kashmir”, and “India Wants to Avoid International Intervention, But Needs to Address Human Rights in Kashmir” following the lockdown. Malala Yousufzai, the youngest Nobel peace prize winner, expressed her concern against the Kashmir curfew and communication blackout with the following tweets:

In the last week, I’ve spent time speaking with people living and working in #Kashmir – journalists, human rights lawyers and students. I wanted to hear directly from girls living in Kashmir right now. It took a lot of work from a lot of people to get their stories because of the communications blackout. Kashmiris are cut off from the world and unable to make their voices heard. Here is what three girls told me, in their own words: “The best way to describe the situation in Kashmir right now is absolute silence. We have no way of finding out what’s happening to us. All we could hear is the steps of troops outside our windows. It was really scary.” “I feel purposeless and depressed because I can’t go to school. I missed my exams on August 12 and I feel my future is insecure now. I want to be a writer and grow to be an independent, successful Kashmiri woman. But it seems to be getting more difficult as this continues.” “People speaking out for us adds to our hope. I am longing for the day when Kashmir will be free of the misery we’ve been going through for decades.” I am deeply concerned about reports of 4,000 people, including children, arbitrarily arrested & jailed, about students who haven’t been able to attend school for more than 40 days, about girls who are afraid to leave their homes. I am asking leaders, at #UNGA and beyond, to work towards peace in Kashmir, listen to Kashmiri voices and help children go safely back to school.

Nothing practical has been done to date by international organizations for peace and human rights. The victims are uncertain of their future, their lives are at the discretion of others, and their basic rights to freedom and mobility have been restricted through the use of force. They are unable to counteract because resistance is met with direct violence. The New York Times reported that when the Kashmiris attempted a peaceful protest in the streets of Srinagar after a few days of the lockdown, the Indian forces opened fire on them to scatter the crowd and cease them from further resistance, injuring at least seven people.

Kashmir has been a disputed and terror-imposed region for decades, but recent advancements by the Indian government have escalated the situation by making it “a living hell of anger and fear”. The world needs to understand that both India and Pakistan are nuclear-armed countries and the continued escalation of tension and confrontations may lead to a deadly nuclear war. The innocent residents of the region have sacrificed countless lives in the battle between the two countries. For decades, they have been suffering the consequences of British colonialism and their inefficiency during the Indo-Pak partition. When will their fight for freedom come to an end? When will the bloodshed and sacrifices of their loved ones bear fruit? When will they be able to enjoy normal lives and basic human rights? How many more lives will it take to make Kashmir a piece of heaven again? The answers are yet to be found.

The solution to the situation is complicated yet straightforward. It is their land and their lives. The only ones to decide their fate should be them, without any force or threat. This right was given to them by the UN, but unfortunately has not been implemented yet. A fair referendum by UN intervention can make it clear whether Kashmir wants to be a part of Pakistan, India, or a free state. But first, the abuse of human rights should be ceased by the world to normalize the lives of its residents.

We need to bring the attention of world leaders and organizations to the human rights crisis in Kashmir so they can intervene in the increasingly critical situation before it’s too late. To play our part in the fight against human rights abuse and bring attention to the Kashmir issue, we can show our support by raising our voice on different forums, especially social media using hashtags like #freekashmir, #standwithkashmir, and #endkashmirviolence.

Worldwide Famine and its Impact

by Nicole Allen and Pam Zuber

Sharing out the beans Yemen still has 350,000 dipslaced persons, although verifying this number is difficult. Most of these are from Sa’da and many of these are in Harad district on the border with Saudi Arabia. Conditions in Harad are not easy, hot and dusty and prone to flash flooding. Even before the arrival of the displaced it was an area of high malnutrition, diarrhea and malaria. UNICEF has, with the government and NGO partners worked to provide education, clean water and nutrition services. On this mission I accompanied the WFP representative and visited food distributions. After five years of displacement we need to look for longer term and sustainable solutions. One of the many beautiful features in this part of Yemen is how flowers are woven into everyday, flowers for sale at traffic lights, boys wearing them in the hair, given as gifts.
Sharing out the beans. Yemen still has 350,000 dipslaced persons, although verifying this number is difficult. Most of these are from Sa’da and many of these are in Harad district on the border with Saudi Arabia. Conditions in Harad are not easy, hot and dusty and prone to flash flooding. Even before the arrival of the displaced it was an area of high malnutrition, diarrhea and malaria. UNICEF has, with the government and NGO partners worked to provide education, clean water and nutrition services. On this mission I accompanied the WFP representative and visited food distributions. After five years of displacement we need to look for longer term and sustainable solutions. One of the many beautiful features in this part of Yemen is how flowers are woven into every day, flowers for sale at traffic lights, boys wearing them in the hair, given as gifts. Source: Julien Harneis, Creative Commons

Famine and other types of food insecurity are problems in several ways. A chronic and widespread lack of food is not only harmful to people’s health but can produce other repercussions.  Unfortunately, we are witnessing many of these short- and long-term repercussions of famine and food insecurity in several areas of the world.

Yemen

Yemen is a country in the throes of a vicious civil war. Like other countries experiencing such strife, it is experiencing food insecurity as well. People who experience food insecurity do not have consistent access to nutritious, affordable food. Yemenis truly do not have physical access. Experts estimate that Yemen imports 90 percent of its food, but the civil war has closed the country’s airports to civilian flights, blocked its seaports, and created dangerous conditions within the country. Even if food becomes available, many impoverished Yemenis cannot afford it. Saudi Arabia invested billions in Yemen in early 2018 to reinforce the latter nation’s economy and the riyal, its unit of currency, but the economic status of Yemen remains precarious.      

Malnutrition causes other problems. Malnourished people are susceptible to disease that requires medical intervention, and this has been the case in Yemen. The country has experienced cholera and meningitis outbreaks. These diseases can create even more malnutrition. Thus, Yemen is battling a vicious cycle of malnutrition and disease. There is another, less-discussed but still significant factor that also contributes to problems in the country: drug use. Many in the country use a drug called qat (also spelled khat). Users say the drug enhances strength and virility, which is why military leaders allegedly give it to child soldiers. Users also say it suppresses the appetite, which could make qat attractive in a country experiencing food instability. Given qat’s popularity, it is also big business for the people who grow and supply it. Qat is profitable, which could encourage people to grow and sell it instead of other crops that could feed Yemenis. But, as with any drug, struggles for control over the qat market could provide dangerous, especially in a country already experiencing political instability. The quest for profit might come before the health, physical safety, and other human rights of Yemenis.

Somalia

Long subject to periods of drought that devastate its food supply, Somalia’s food situation is bleak. According to the United Nations’ World Food Programme: “As of May 2018, 2.7 million people [in Somalia] cannot meet their daily food requirements today and require urgent humanitarian assistance, with more than half a million on the brink of famine. Another 2.7 million Somalis need livelihood support to keep from sliding into crisis. An estimated 300,000 children under age 5 are malnourished, including 48,000 who are severely malnourished and face a high risk of disease and death.” Such drought limits the crops Somalis can grow and shrinks the amount of pasture land they can use for their livestock. It also puts people out of work, preventing them from buying food and other necessities.

What little food and water there is available is a precious commodity in Somalia. People have attempted to control these scarce resources to build and consolidate power, which has sometimes led to violence and tension. People without such resources might be more willing to join violent movements because they feel as if they have no other optionsThus, famine and reduced job prospects might be breeding grounds for violent groups of people who feel as if they have nothing to lose. It could contribute to violence, unrest, and human rights violations, since people may feel that their situations are hopeless and that human life is worthless.

Nigeria

As with other countries on this list, political strife has created considerable food insecurity and other problems in Nigeria. The militant group Boko Haram has been active in northeast Nigeria since the early 2000s. Boko Haram’s name means “Western education is forbidden” in the Hausa language and the group calls for Islamic law (sharia). The group has protested secular Nigerian rule in various ways, most notably by kidnapping several women, girls, and children in a number of separate incidents and by bombing and attacking government and United Nations buildings. Boko Haram has also clashed with government representatives and multinational troops, which has killed several Nigerians, displaced others, and severely disrupted everyday life in the African nation: “[I]t is likely that significant populations remain in areas of the northeast that are currently inaccessible to humanitarian actors. Reports indicate that people fleeing from conflict-affected, inaccessible areas [in Nigeria] are often severely food insecure and exhibit signs of malnutrition,” according to a 2018 report from the Famine Early Warning Systems Network.

If Nigerians had their way, they would not only have access to food, but the means to grow it as well. Fanna Kachella is a farmer in Rann, a city in northeastern Nigeria. The ongoing political conflict has affected her livelihood, but she hopes that food assistance can help her and her family: “Not having anything much to do has been hard for us, we are used to planting our own food. I hope we will get a good harvest from the seed.” The ability to support oneself and one’s family should be a fundamental human right. Not being able to do so is denying this right. Not being able to do so can jeopardize a person’s health, dignity, ability to form and nurture a family, and interactions with others.

a group photo of the women of SIM South Sudan
SIM South Sudan Harvest Worker Project. Source: SIM East Africa, Creative Commons

South Sudan

Founded in 2011, South Sudan is the world’s youngest country. But, in its brief history, it has faced many problems that are as old as time. Unlike other countries on this list, it looks as conditions may be improving, however. On August 6, 2018, South Sudan’s president, Salva Kiir, signed a power-sharing cease-fire agreement with the leader of his political opposition, Riek Machar. As part of this agreement, Machar would serve as one of the five vice presidents of the country. Political conflicts between the two men plunged South Sudan into civil war in 2013. Machar once served as Kiir’s deputy but fled the country after a dispute between the men. The two men agreed to end their dispute in 2015, but it ended in 2016 when Machar return to the country’s capital, Juba.

These personal disputes erupted into a country-wide civil war that has killed thousands of residents of South Sudan and displaced almost two million more. The political conflict and its resultant disruptions, massive displacement, economic problems, flooding, dry spells, and pests all contributed to famine conditions in 2017. According to the international initiative the IPC (the Integrated Food Security Phase Classification), “5.3 million people required food assistance” in South Sudan in January 2018, “up 40 percent from the same time last year.” The initiative attributed these food-related problems to “widespread conflict [that] continues to displace communities, disrupt livelihood activities and impede humanitarian access to vulnerable populations.” But, if the truce between Kiir and Machar holds, it could spell an end to this calamitous conflict. Perhaps it will allow people to return to their homes and grow and obtain food, reversing the food insecurity and other problems that this new nation has faced.

North Korea

Food insecurity and malnutrition have been common occurrences for decades in North Korea, another country also experiencing political troubles. The oppressive and secretive nature of the country’s government has made it difficult to determine the extent of North Korea’s many problems. But, the estimates are devastating. For example, experts believe that a famine in the country in the 1990s killed up to three million people. North Korea’s mountainous terrain and cold climate have always made agriculture difficult, and the country no longer received agricultural aid from the Soviet Union after the latter country collapsed in the early 1990s, which made farming even more difficult.

The North Korean government claims that a lack of aid from other countries continues to hurt the country. Many countries have imposed sanctions on North Korea for developing a nuclear weapons program. The countries imposing the sanctions have claimed that they did not place sanctions on food but on other goods. But, even these sanctions threaten the livelihoods of many North Koreans. If the North Koreans cannot earn enough money, they cannot earn enough to feed themselves and their families. The results have been heart-wrenching. “[H]unger remains a way of life” in North Korea, wrote Dr. Kee B. Park in a December 2017 article in the New York Times. “Forty-one percent of North Koreans, about 10.5 million people, are undernourished, and 28 percent of children under 5 years old have stunted growth. When my 4-year-old daughter visited [North Korean capital] Pyongyang in 2013, she, all of three feet, towered over children twice her age.” Park vividly explains how hunger creates immediate problems and future ones. Not having food creates insecurity that can last a lifetime. It can create physical and emotional problems that persist long after people receive adequate food if they ever receive adequate food.

What Are People Doing About Hunger-Related Issues?

Different governments are pitching in to tackle famine. The government of United States president Donald Trump pledged to donate more than $1 billion since November 2017 alone. Still, relief workers say that the governments of other countries can do more. That is if the governments even know about such problems in the first place. Relief workers say that people do not know that famine exists in many places. They say that Trump’s administration has been helpful in its humanitarian efforts. But, on the other hand, they also say that publicity surrounding Trump and the activities of his administration has overshadowed people’s knowledge about other things, including famine and food insecurity in different parts of the world. Food insecurity is also tied to political insecurity. It is no coincidence that many of the countries on this list have experienced war or other forms of political instability in addition to food problems. Many experts believe hunger and war are often inextricably linked. According to Cormac Ó Gráda, “The hope for a famine-free world depends on improved governance and on peace. It is as simple – and as difficult – is that.”

Nicole Allen is a freelance writer and educator based in the United States. She believes that her writing is an extension of her career as a tutor since they both encourage learning and discussing new things. Her degrees in creative writing, education, and psychology help her understand her target audience and how to reach them in creative and educational ways. She has written about fitness and health, substance abuse and treatment, personal finance and economics, parenting, relationships, higher education, careers, travel, and many other topics, sometimes in the same piece. When she isn’t writing, you might find Nicole running, hiking, and swimming. She has participated in several 10K races and hopes to compete in a marathon one day. A longtime volunteer at animal shelters, Nicole is a passionate supporter of organizations that help animals. She also enjoys spending time with the dogs and cats in her life and spoiling them rotten.

Pamela Zuber is a writer and an editor who has written about human rights, health and wellness, business, and gender.

A Value Shift Toward Fashion

a picture of clothing in a closet
Photo by Ajanet Rountree

I have thought a lot about the phrase “speaking truth to power” over the last few days. Perhaps my musings have a lot to do with the free space I have in my mind now that my thesis is complete. Or it could be the anger I feel knowing that children of Hollywood actresses and the like scammed their ways into colleges and universities while I sacrificed, saved, budgeted and continually sought/seek to maintain my integrity on my significantly less flexible income. What did it mean for me to know that some people have no idea or care about the struggle of other people? What did mean to have someone blatantly disrespect the work ethic of millions of people? Nearly one year ago, my colleague Lindsey wrote a blog about The True Cost of fashion as highlighted in a Netflix documentary. For me, it was an eye-opening read as I found myself confronted by my disrespect for the work ethic of millions of people. After reading her blog, I was committed to shopping differently, but I honestly did not know how or where to begin. You see, I like clothes. I use the word like instead of love because love affirms a commitment whereas like can be fleeting and fickle; therefore, I like clothes and love colors, patterns, and fabrics. I agree with Orsola de Castro’s declaration that “clothes are the skin we choose.”

I cannot say that I have gone this year without purchasing new clothing, but I have not bought as much as I have in years past. I have also become mindful of my giving to charity stores because as the film points out, unsold clothing goes to other countries and overwhelms their local industry; thereby limiting the jobs and transferrable skills like sewing and tailoring. Watching the film, I realized that the core of this change was the shift in my paradigm which subsequently caused a shift in my values. De Castro asserts that our choice of clothing is the manifestation of our communication – fundamentally a part of what we seek to communicate about ourselves. So, I began to ask myself, “What did I want to communicate about myself? Did it matter to me that some of my clothes are years old if they still fit and have been well maintained?” No, but the change in my values was not merely about not caring about the durability of my clothing from years ago. It was about the lives of those on the other end of the stitches and sewing machines.

A downside of globalization is the increase of fast-fashion at the expense of the lives of garment factory workers. Globalization has allowed for the outsourcing of fashion to low-cost economies where the wages are low and kept low; therefore, those at the top of the value chain get to choose where the products are made based upon where they can compete and manipulate the cost of manufacturing. The only interest companies have in countries like Bangladesh is for the exploitation of the people, most of whom are women. The result of the Bangladeshi factory worker is that the “budget conscious shopper” can now purchase clothing that is “cheap enough to throw away without thinking about it” as proclaimed by Stephen Colbert. Last year I began questioning how my consumption of fast-fashion had continued to perpetuate the injustices of the gouging of low-wage countries experiencing the exploitation of their citizens while I claim to advocate for liberty and justice for all. Was I true to myself by ignoring the plight of millions of people making the $20 pair of jeans I brought with my e-coupon? I began to think about it.

a photo of clothes hanging in a closet
Photo by Ajanet Rountree

According to the film, Bangladesh is the second largest fashion producing market in the world after China. In 2013 the Rana Plaza took over 1,000 lives and had been noted as the worst garment disaster in history. In the year following the tragedy, the fashion industry had its most profitable year. Despite the trillions of dollars made globally by the industry, the lives of the workers are disposable. There is no standard wage or guarantee of work conditions. In Cambodia, garment workers protested and demanded a living wage of $160 US a month. The protesters met with aggressive government force that resulted in the deaths of five workers and several others injured. Companies in low-wage countries do not own the factories or hire the workers. Therefore, they are not officially responsible for the treatment of workers and the human rights violations they endure as a byproduct of their need to work. The research of Kevin Bales reveals the depths of the impact of the global economy on human lives in his books on disposable people.

As consumers in a capitalistic society, we distance ourselves from the devastation of poverty and inequality by comforting ourselves with the notion of ‘at least it’s a job’ and ‘sweatshops have the potential to bring about a better life for workers eventually.’ In a Fox News interview highlighted in the documentary, Benjamin Powell of the Free Market Institute defined sweatshops as “places with very poor working conditions as us, normal Americans would experience. Very low wages by our standard. Maybe children working; places that might not obey local labor laws. But there is a key characteristic of the ones I want to talk to you about tonight, Kennedy [the host of the show], and that’s they’re places where people choose to work. Admittedly from a bad set of other options.” There are several things worth noting about Powell’s statement. First, he acknowledges that the conditions are deplorable. Second, he knows that ordinary Americans have not experienced any situations like this. Third, he knows that there is a possibility that children are employed in these factories because there is no enforcement of local labor laws. Lastly, he soothes his conscious and those of the viewer by suggesting people choose to work there. In an article, Powell and Zwolinski argue that the anti-sweatshop movement fails in at least one of two ways: internally by failing to maintain their allegiance or externally but uncontroversial by yielding to objections that should be viewed as legitimate concerns. They insist that sweatshop workers voluntarily accept the conditions because it is a better alternative for them. Is it American pride that allows us to assume that a citizen of another country would willingly choose to work in a job to feed and clothe their children/family that Americans would not do? Have we become so full of ourselves that we willfully accept the sweatshop conditions for others but not ourselves for a $5 t-shirt or $15 dress?

The documentary states that fashion is the most labor dependent industry with nearly 1 in 6 working globally in some part of it. Most of the work is done by those with no voice in the supply chain. Many factory working parents must leave their children to be reared by other family members who live outside of the city or factory area due to the long hours and low-wages; eventually seeing them only once or twice a year. Shima, an Indian garment worker, tearfully states, “There is no limit to the struggle of Bangladeshi workers. People have no idea how difficult it is for us to make the clothing. They only buy it and wear it. I believe these clothes are produced by our blood. A lot of garment workers die in different accidents. [Regarding Rana Plaza] A lot of workers died there. It’s very painful for us. I don’t want anyone wearing anything, which is produced by our blood. We want better working conditions so that everyone becomes aware.” Livia Firth, creative director of Eco-Age, chides that we are profiting off their need to work. They are not different from us, but we treat them with disrespect and like slaves. Economist Richard Wolff concludes that American desire for profit at all cost is in direct competition to the values we claim to possess as Americans. In other words, as consumers of fast-fashion, we are perpetrators of injustice because we assist in the exploitation of workers through the violation of their human rights. Our capitalist economy thrives on our insatiable greed, our irrational fear, and our thirst for power all at the expense of someone else’s survival in poverty and inequality.

Am I anti-capitalism? Perhaps. I am anti-inequality and the continuation of needless injustice at the expense of those most vulnerable so if the divide between the haves and the have-nots continues to widen because of capitalism, then yes, wholeheartedly I am against it. Beyond whether I am anti-capitalist lies the question of whether I can remain unchanged when faced with the narrative of someone surviving in an unjust situation? Put another way: can someone with less social and economic power speak into my life and cause me to change? Yes.

If our economic system thrives on our individual and collective materialism, then any change in our behavior and values will change the system. Changes in our individual and collective action and values mean changes in the individual and collective lives of those on the other end of the thread and sewing needle. This year I have learned that challenging myself to live in a way that keeps the narratives of those who cannot speak up for themselves t the forefront of my mind is—I joined with them—our collective way of speaking truth to power.

You can join us!

Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China

*a topographical map depicting where many Uyghur Muslims live in Western China*
“Outline map showing Keiry / Yutian County in Xinjiang, China” by centralasiatraveler, Creative Commons

In early November 2018, the United Nations confronted China about the Chinese government’s human rights record since 2013, with UN Member States pointing specifically to China’s suppression of the Tibetan people and for the barbaric ‘re-education camps’ used to indoctrinate the Uyghur Muslims in the Xinjiang province.  China flatly denied these allegations, contending they are politically motivated and violate Chinese national sovereignty.  While the ongoing conflict regarding Tibet has been covered for decades (you can read an IHR post about it here), the plight of the Uyghur Muslims in China is arguably less familiar to laypersons with vested interests in human rights.  This blog post explores the history of the conflict with the Uyghur, how the international community typically handles these kinds of human rights violations, and what everyday citizens can do to help the Uyghur.  For another perspective on the plight of the Uyghur, read my colleague Dianna Bai’s post here.

History of the Conflict

The Uyghur are an ethnically distinct group, hailing originally from the Altai Mountains in Central Asia, now spread through Central and East Asia (Roberts, 2009).  Scholars frequently debate the heritage of the Uyghur; government-sanctioned Chinese historians claim the Uyghur are indigenous to the Tarim Basin (located within the Chinese Xinjiang province), while most historical accounts situate the Uyghur as descendants of peoples in modern-day Mongolia (Roberts, 2009).  Until recently, many scholars believed that the Soviet Union groomed Uyghur nationalist sentiments during the Cold War, intending to use the fledgling Uyghur people as a colonized Soviet pseudo-nation to exert political and cultural influence in the East Asian theater (Roberts, 2009).  This view has since been challenged, as Uyghur Muslims have long defined themselves an ethnically distinct group with the goal of creating their own nation on sovereign territory, intended to be called Uyghurstan (Roberts, 2009).  Today, the Uyghur of China largely practice Sunni Islam, speak their own language (similar to Uzbek), and some Uyghur label the territory they inhabit “East Turkestan”, not the Xinjiang providence of China.

The Xinjiang providence, located on the fragments of the ancient Silk Road, is rich in resources and attracted the migration of many Han Chinese to the province (aided and abetted by the Chinese government).  This migration brings us to the present day.  Beginning in 2009, the Chinese government has cracked down on Uyghur dissidents and rioters expressing a frustrated desire for autonomous rule (some of these Uyghur were subsequently exiled to the United States).  In 2016, the Chinese government amped up their approach to the Uyghur, attempting to squash Uyghur cultural practices to create a culturally homogenous Xinjiang province.  The Chinese justified these practices by claiming their motivation was to reduce religious extremism in the Xinjiang region.  Homogenization efforts included banning baby names (such as Medina, Jihad, and Muhammad) and restricting the length of beards; both aforementioned names and the tradition of long beards stem from the Uyghur’s Islamic faith.  These tactics are part of the Chinese government’s “Strike Hard” campaign, designed to specifically monitor the Uyghur situation in Xinjiang.  In addition to cultural destruction, the Chinese have recently implemented surveillance programs designed to monitor separatist movements, jihad-ism, or proto-nationalist sentiment.  Surveillance programs largely take the shape of indoctrination (or ‘re-education’) camps.

The United Nations has received verifiable reports that up to one million Uyghur (approximately 10-11% of the adult Muslim population in the region) are currently held against their will in these re-education camps.  The Chinese government, however, claims these are vocational centres, designed to empower the ethnic Uyghur to learn the Chinese language, Chinese law and ideology, and gain workplace skills.  Dilxat Raxit, spokesman for the World Uyghur Congress (more on the WUC later), has publicly decried the camps, as they incessantly monitor Uyghur prisoners through sophisticated facial recognition software, designed with the intention to predict individual or communal acts of protest through the analysis of the prisoners’ micro-expressions (and no, the current year is not 1984).  The prisoners in these camps are expected to ‘secularize’ and ‘modernize’; the Chinese government conditions the entrapped Uyghur Muslims by forcing the prisoners to wish Chinese President Xi Jinping ‘good health’ before the prisoners are given food, thank the Chinese government and Communist Party, and renounce devotion to the Islamic faith.  Furthermore, Uyghur Muslims have been forced to eat pork and drink alcohol during their imprisonment which, for many devout Muslims, is forbidden by the Islamic faith.  One escapee who found asylum in Kazakhstan testified that she “worked at a prison in the mountains” in Xinjiang and was forced to teach Chinese history during her imprisonment.

The Chinese government has not limited its repression to these detention centers.  Beginning in 2016, Uyghur Muslim communities in the Xinjiang province have been subjected to China’s “Becoming Family” initiative (also directed by the government’s “Strike Hard” campaign).  The Chinese government mandates ‘home stays’ (lasting between five days and up to two months) within these communities, dispatching over one million cadres to closely monitor the private homesteads of the Uyghur communities.  These cadres monitor ‘problematic behavior’ such as suspected alcoholism, no alcohol consumption whatsoever (a sign the family is devout Muslim), uncleanliness, and other signs that the Uyghur are becoming ‘too Muslim’ for the secular Chinese government.  Finally, these cadres are tasked to promote ‘ethnic unity’ in the region, spouting the dangers of Islamism, pan-Turkism, and so on.  These spies of the state document every move of the Uyghur communities, reporting intelligence back to the Chinese government, who then specifically targets individuals and families suspected of dissident behavior.  It is impossible to track how many ‘dissidents’ (whether in their home communities or in the Uyghur detention centers) have been murdered by the Chinese government.  A prominent Uyghur human rights activist recently lamented,

Every single Uyghur abroad has relatives waiting for a slow death in these camps… innocent Uyghurs are now counting their final days of isolation under physical, psychological, and spiritual torture.

This begs the question: how do human rights organizations (from the United Nations to the Institute for Human Rights) classify this level of social, cultural, and civil repression?  And furthermore, how can human rights organizations utilize this classification to mobilize aid for the Uyghur Muslims?

A pair of Uyghur elders lead a donkey and boy across a Chinese marketplace
“Uyghur elders” by Todenhoff, Creative Commons

Addressing Crimes Against Humanity

The Rome Statute of the International Criminal Court, Article 7, broadly characterizes Crimes Against Humanity (CAH) as:

any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

  1. Murder;
  2. Extermination;
  3. Enslavement;
  4. Deportation or forcible transfer of population;
  5. Imprisonment or other sever deprivation of physical liberty in violation of fundamental rules of international law;
  6. Torture;
  7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
  8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
  9. Enforced disappearance of persons;
  10. The crime of apartheid;
  11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

In theory, the plight of the Uyghur Muslims certainly falls within this definition, as the Chinese government is violating parameters 1, 3, 5, 6, 8, 9, and 11 of the Rome Statute.  Again, in theory, this means the international community has an obligation to both classify this as a CAH and prosecute both the Chinese government as a whole and individual officials directly responsible for the repression of Uyghur Muslims.  In practice, however, formally prosecuting CAH are tricky.

To prosecute CAH, a step towards retributive justice, one of two forms of jurisdiction must apply: the state must either (a) be a member to the Rome Statute / International Criminal Court (ICC); or (b) the case is referred to the ICC Prosecutor by the United Nations Security Council (UNSC).  In this case, China is not a State Party to the Rome Statute, so requirement (a) is out.  Regarding requirement (b), the UNSC can indeed refer this to the ICC Prosecutor.  However, since China is a permanent member of the UNSC with full veto power, it seems extremely unlikely the Chinese government would permit a prosecution against its own state.  So what options are left for the international community to protect the Uyghur Muslims and hold their repressors to justice for this ‘unofficial’ Crime Against Humanity?

If the international community suspects a state conducts COH, accusatory states may take indirect action to punish the offender state.  Here’s one example of such indirect action: US Senators Rubio (R-FL) and Menendez (D-NJ) and US House Representatives Smith (R-NJ) and Suozzi (D-NY) are set to introduce legislation to US Congress proposing (a) the creation of a State Department role to monitor the persecution of Uyghur Muslims; and (b) the Secretary of Commerce enact sanctions to state agents in the Xinjiang province.  Indirect action, whether government-led sanctions or non-governmental tactics (e.g. ‘naming and shaming’), aims to overcome the absence of international legal precedent in circumstances such as these (Franklin, 2015).  The endgame of indirect action in circumstances such as these is to either offer an incentive for states to cease CAH or increasingly layer punishments (whether economic or otherwise) to render the CAH more trouble than it’s worth.  In this case, the ideal outcome for US Congress members is that the threat of economic sanctions would punish the Chinese, forcing the state to choose economic growth as a higher-ranking priority than repressing the Uyghur.

A final alternative to addressing CAH is that of truth and reconciliation commissions (TRC; Landsman, 1997).  TRC’s are structured around the idea of restorative justice, meaning that in the wake of CAH, damaged communities themselves work with the international community to: (a) collect ‘facts-on-the-ground’ about ongoing repression, (b) negotiate with the repressing state to end the CAH, and (c) devise solutions to repair the trauma caused by the CAH (Longmont Community Justice Partnership, 2017).  This is a human-driven approach, placing the victims themselves at the center of the process to document, cease, and heal from CAH.  In the this case, this would mean international NGO’s would connect with local Uyghur Muslims in the Xinjiang Province; document the short-, intermediate-, and long-term needs of the afflicted communities; and allow this joint collaboration to drive local and international efforts attempting to bring the CAH to a close.

 

an Uyghur group holds their native flag while protesting repression against the Uyghur people
“Uyghurs protesting” by Paul Keller, Creative Commons

Justice(s) for the Uyghur

Resolving the plight of the Uyghur is a highly complex issue.  Formal legal mechanisms, such as referring this case to the International Criminal Court, are constrained by the structure of international governing bodies.  Indirect action, such economic sanctions proposed by members within the US Congress, have historically had a low success rate (~34% rate of success) to compel policy change (Pape, 1997).  Finally, truth and reconciliation commissions have been criticized for their toothlessness regarding holding human rights violators responsible for their crimes (Van Zyl, 1999).  What, then, can we do?

The World Uyghur Congress (WUC), whose president Dolkun Isa is an exiled Uyghur Muslim, is taking a hybrid approach to seeking justice for the Uyghur.  The WUC’s platform combines the three previously discussed approaches (retributive justice, economic sanctions, and restorative justice), channeling their efforts into international governance, state-level policy and advocacy, and community-driven capacity building.  The WUC, steered by survivors of the conflict themselves, aims to achieve justice(s) for the Uyghur people, through a multi-lateral and multi-level approach.  While many of their efforts are aimed at high-level government officials and advocacy networks, the WUC additionally aims to engage, educate, and empower ordinary citizens (like you, the reader) to make meaningful contributions towards ending the repression of the Uyghur, ranging from advocacy training to planning peaceful protests.  The WUC (and other innovative NGOs addressing other global human rights violations) understands that it is not only the United Nations and its member states that can end human rights violations.  Ordinary citizens themselves must take up the mantle of protecting human rights when the hands of the international community are tied.  Creating justice for crimes against humanity is the responsibility of all global citizens – and here’s what you can do to help.

References

Franklin, J. C. (2015). “Human rights naming and shaming: International and domestic processes” in H. R. Friman (Ed.) The Politics of Leverage in International Relations. London, UK: Palgrave Macmillan.

Landsman, S. (1997). Alternative responses to serious human rights abuses: Of prosecution and truth commissions. Law and Contemporary Problems, 59(4), 81-92.

Longmont Community Justice Partnership (2017). Restorative Conversations and Agreement: Structured Conversations for Resolving One-on-One Conflict. https://boulderhousingcoalition.org/wp-content/uploads/2017/12/Restorative-Conversations-and-Agreement-Meetings-for-BHC-Manual.pdf

Pape, R. A. (1997). Why economic sanctions do not work. International Security, 22(2), 90-136.

Roberts, S. R. (2009). Imagining Uyghurstan: Re-evaluating the birth of the modern Uyghur nation. Central Asian Survey, 28(4), 361-381.

Van Zyl, P. (1999). Dilemmas of transitional justice: The case of South Africa’s Truth and Reconciliation Commission. Journal of International Affairs, 53(2), 647-667.

A Humanitarian Crisis in Xinjiang

by Dianna Bai

Uyghur children in old town Kashgar, China.
Child’s play – Uyghur children in old town Kashgar, China. Source: Sherpas 428, Creative Commons

Among the corpses frozen in exodus over the icy mountain pass, will you recognize me? Our brothers 

we begged for shelter took our clothes. Pass by there even now and you will see our naked 

corpses. When they force me to accept the massacre as love 

Do you know that I am with you. Perhat Tursun, translated by Joshua L. Freeman

In the arid and ashen deserts of Xinjiang, the northwestern province of China, as many as 1 million Uyghurs have been detained in internment camps by the Chinese government for mandatory “re-education.” Scores of the compounds can be seen vividly from satellite images. Enclosed by concrete walls, barbed wire, and guard stations, they have the imposing sterility of prisons. Inside, the detainees, Uyghurs, and members of a few other ethnic groups who practice the Muslim faith, are forced to participate in a program of indoctrination, listening to lectures, singing songs that praise the Communist Party of China, and writing essays of “self-criticism.” They are also coerced into abandoning traditional practices tied to Islam: praying, growing a beard, wearing a headscarf, and abstaining from pork and alcohol.

The stated aim of the campaign is to eliminate extremism in a region that has been marked by unrest and separatist violence, to produce “transformation by education.” One revealing official document reviewed by Agence-France Press states that to produce this change, the centers must “break their lineage, break their roots, break their connections, and break their origins.” It’s clear that in Xinjiang, China has gone far beyond fighting separatism and works actively to erase a great cultural tradition for the purposes of political stability. The mass detention underway is a reflection of the Xi Jinping government, a nationalistic, hardline regime that often glorifies the practices of the Mao years. During the Cultural Revolution from 1966-1976, millions of youth from Chinese cities were sent to the countryside for “re-education.” The recent spate of mass detentions should come as no surprise.

Who are the Uyghurs in Xinjiang?

Xinjiang is a province in China that borders Kazakhstan, Kyrgyzstan, and Mongolia. China is dominated by the Han majority, which comprises over 90 percent of the population, but is also home to 55 ethnic minorities. About 10 million Muslim Uyghurs (and other Muslim minorities) live in the Xinjiang province. The Uyghurs, who feel a stronger kinship with the peoples of Central Asia than with the Han Chinese, speak a distinct Turkic language similar to Uzbek and practice a form of Sunni Islam. They have left a distinct mark on the history of Inner Asia, having ruled their own kingdom that stretched from Manchuria to the Caspian Sea in the eighth and ninth centuries but is now concentrated in Xinjiang. Since the Communist Party took over China in 1949, Xinjiang has been ruled by China as an “autonomous” region that is not truly autonomous. Freedoms and liberties for the Uyghurs have been curtailed heavily – the recent mass detentions are only a piece of the larger picture of repression that Uyghurs face.

Uyghurs are divided in opinion over their political autonomy. Some support remaining a distinct culture within the Xinjiang Autonomous Region or integrating into the Chinese system, while others call for becoming a separate state called “East Turkestan.”  For China, Xinjiang is an important province, the biggest domestic producer of oil and gas that is also a critical logistics hub for the “Belt and Road Initiative,” an ambitious trillion dollar infrastructure plan meant to strengthen China’s global influence. China is also concerned that unrest in Xinjiang will spark unrest in other provinces such as Tibet, Inner Mongolia, and Taiwan.

The brutal measures toward the Muslims in Xinjiang are only one aspect of the broader repression levied against religious groups in China under Xi Jinping. The U.S. State Department has long designated China as a “particular country of concern” with regards to religious freedom. An authoritarian state that fears the rise of civil society, China has placed restrictions on all religious groups—from the Tibetan Buddhists to Christians to Falun Gong practitioners. Throughout the history of the PRC, the state has been monitoring the activities of major religious organizations and even banning groups such as the popular spiritual movement Falun Gong, which had gained approximately 70 million followers in China before it was declared illegal. On the Tibetan plateau, where there are six million adherents of Tibetan Buddhism and its exiled spiritual leader, the Dalai Lama, we see some of the most extreme measures. Paramilitary police patrol the streets to monitor the movements ethnic Tibetans, reinforced by a fleet of video cameras recording all events for review. The “grid management” system that Xinjiang now employs was tried and tested first in Tibet, where an army of community workers oversee sections of the city divided into “grids” to provide security officials with real-time data that could uncover the first signs of potential unrest.

Since Xi Jinping has consolidated power, the crackdown on religion has intensified. The uptick in repression has been especially visible for Protestant churches and quasi-Christian groups since 2016. Reports from Christians in China tell of an alarming increase in Bibles burned, churches demolished, and pastors detained. As Heritage Foundation fellow Olivia Enos explains, “I think that the Chinese government, like so many authoritarian governments around the world, recognizes that religion gives an alternative authority to the government and it requires the allegiance of the people to an authority that is, frankly, far higher than the government.”

a Uyghur man
Uyghur man. Source: Todenhoff, Creative Commons

A Police State Emerges in Xinjiang

Maintaining political stability in Xinjiang has been paramount for China, especially as discontent has flared up in recent years. As Xinjiang has developed economically since 1949, the government has encouraged the migration of Han Chinese into the region. Tensions have arisen as many Uyghurs resent discrimination by the government and the Han Chinese. Uyghurs have watched the higher paying jobs go to the ethnically Han Chinese while the Uyghur “minorities” have been given the labor-intensive jobs for lesser pay.  Long-simmering tensions exploded in 2008 and 2009 when thousands of Uyghurs took to the streets to riot in Xinjiang over the unfair treatment by the government and the Han Chinese.

Blaming the 2008 and 2009 riots on Uyghur separatists, China has since implemented increasingly repressive policies to control the Uyghurs in Xinjiang under the guise of combating terrorism and extremism.  Several Uyghur-led rebellions against the Chinese government have punctuated the history of Xinjiang, dating back to the early 1900s. During the Qing Dynasty, the imperial government’s attempt to assimilate the Uyghur people into China created antagonism between Uyghurs and the Chinese government that became a foundation of the newly formed Uyghur identity. Today, there also exist extreme separatist groups in Xinjiang with ties to global jihad, including the Turkestan Islamic Party, which took credit for a series of attacks in 2008. In one sense, it is easy to see why the current government of China would be vigilant about violence and ensuring that the Uyghurs never rise up again as they have in history. They fear that China will splinter if regional separatist movements gain traction and inspire each other. Yet China has gone far beyond fighting the perceived threat, now detaining innocent people and infringing on so many aspects of their daily lives.

The brutal repression of the Uyghurs expanded dramatically in 2016 with the installation of a new Party chief, Chen Quanguo, who has brought his experience quelling unrest as the former Party chief of Tibet. In 2017, Xinjiang’s security spending increased by more than 90 percent to $8.52 billion. Xinjiang is now a police state where the government intrudes into many aspects of people’s lives. According to one detailed report that summarizes the findings of numerous accounts in the media:

  • “Uyghurs have been banned from fasting during Ramadan, refusing to eat pork, refusing to wear shorts, refusing to watch state TV or listen to state radio, wearing burqas, having “abnormal” beards, performing traditional funeral rites, speaking to family members overseas, travelling overseas, and giving their children Islamic names such as Mohammad and Fatima.”
  • Chinese flags and Communist slogans have been installed in mosques.
  • “Convenience police stations” have been set up every 500 meters in the capital city of Urumqi
  • Local officials have been required to “live, eat, and study” with local families.
  • Volunteers are assigned households to monitor. They are charged with finding out what organizations people belong and “the sort of lives they lead” including their political opinions.
  • 40,000 face-recognition cameras have been installed to track Uyghurs
  • All drivers in Xinjiang have been required to install GPS trackers in their cars that will monitor their movements
  • Police have taken voice samples, DNA samples, fingerprints, and iris scans.
  • Uyghurs are regularly required to have their ID cards checked doing typical activities in a day such as traveling and filling up gas.

Perhaps the most drastic measures have been the mass detentions. Uyghurs who have committed no crime other than practicing their religion – activities such as reading an Islamic verse at a funeral or making a pilgrimage to Mecca – have been arbitrarily detained in Xinjiang. As former detainees tell their stories, the world has gotten a sense of what takes place inside of the camps. It’s not the sunny “vocational education” that Chinese officials and state television have propagated. Part of the detention involves education: former detainees have described being taught daily lessons in Pinyin, the Romanized system of Chinese. Other lessons are less innocuous—songs praising Xi Jinping, curriculum about the hero Lei Feng to inspire devotion to communism. Detainees have reported being forced to recite “126 lies” about religion. “Religion is opium, religion is bad, you must believe in no religion, you must believe in the Communist Party,” one former detainee remembers.

The use of force is not uncommon in the camps. Official documents obtained about the camps include a procurement order for 2,768 police batons, 550 electric cattle prods, 1,367 pairs of handcuffs, and 2,792 cans of pepper spray. Another detainee has told the BBC that they were forced to wake before sunrise every morning for mandatory runs. Those who didn’t run fast enough were beaten and kicked by guards. More beatings were in store for detainees who couldn’t recite correctly the laws they were forced to memorize. In one case, an ethnically Kazakh man who had been detained revealed to NPR that he had been tortured for resisting the orders of a guard to make his bed and throwing the mattress at the guard—though he was the only one at his camp to actually be tortured rather than just threatened. He’d been forced to wear a suit made of metal weighing over 50 lbs that stretched out his limbs and caused him immense pain in his back. “They made people wear this thing to break their spirits,” he told NPR. “After 12 hours, I became so soft, quiet and lawful.”

The humanitarian crisis against Muslims in Xinjiang can hold lessons for the United States as well, especially with regards to the recent travel ban against five Muslim majority countries. In the name of national security, China has swept a broad swath of society into one vilified category and carried out massive human rights violations against their own citizens on the basis of faith. China doesn’t honor religious freedom or the rights of minorities. To the Chinese government, there is no sense that these rights should be protected when larger objectives are at stake. These protections, however, are a defining characteristic of the United States as a democracy. In the words of the Declaration of Independence, all men are created equal. Honoring the fundamental rights of one group means honoring the rights of all. It ensures that there will be no “tyranny of the majority.” While the travel ban does not compare to the vast violation of civil liberties in China, it undermines the spirit of democracy and contributes to the widespread prejudice and discrimination against people of religious faith in America.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

The Forced Virginity Testing of Women in Afghanistan

A woman with a white headscarf holding a poster that says "Afghanistan"
A demonstrator attends a rally by Afghanistan’s Hazara minority for community’s rights, outside the Brussels Conference on Afghanistan, Belgium, October 5, 2016. REUTERS/Francois Lenoir

Afghanistan has had a long history of being a patriarchal society. Cultural customs that have suppressed the rights of women have been popularized and justified on the basis of morality. With these customs largely targeting women behavior, Afghani women are faced daily with gender inequality. One of the most brutal threats is the risk of a barbaric practice called virginity testing. Many women at some point are forced to go through the painful examination. The procedure involves a medical professional forcing two fingers inside of the women’s vagina, often forced and against her wishes, in order to determine if the women’s hymen is still intact. One might ask why anyone would force women to endure an assault on their most private areas. The terrible answer is that virginity testing is done to ensure that the woman has not had sexual relations with any man.

In Afghanistan and other countries such as India that widely practice virginity testing, a woman’s virginity is highly coveted. It is a symbol of modesty and purity. The societal expectation is that it is never okay for women to have any sexual experiences outside of marriage. Women’s actions are extremely regulated and controlled by the men of the family. Having a virginity test is often required for many basic rights such as the option to go to school, obtain a job, or get married. Faced with limited choices, many women see no other way than to submit to the test out of fear of the repercussions.

The punishments for defying these unfair gender inequalities is severe. In fact, an Afghan woman found to have had sex before marriage is subject to prosecution and imprisonment under what is known as a ‘moral crime.’ The societal penalties extend much further than jail time. Girls are thought to have had premarital sex are publicly humiliated after word spreads of their failed virginity test.  They are often ostracized by their families for bringing shame upon them. Some families will go so far as to commit honor killings which is the murder of a woman by her male family members for bringing shame upon the family. For a society to criminalize female sexuality and even threaten death is an egregious violation of female human rights.

The United Nations, World Health Organization, United Nations Women, and the United Nations Human Rights Council have all called for a global ban on the practice. However, this will not do these women much good. These organizations have no ability to enforce their will and can only hope to draw attention to the issue. There are many reasons to campaign for an end to virginity testing; for the purpose of this blog, I will highlight three. The first and most obvious reason is the disregard for a women’s right to say no. A woman should be allowed to deny any medical procedure that she does not wish to have for any reason. Any vaginal procedure done without consent is sexual and physical assault.

The second reason to outlaw this practice is that it continues unfair gender inequality and enforces unhealthy stereotypes. Why are only women required to undergo testing for sexual ‘purity’? Why is it that it is considered immoral for women to be sexually active and not men? This problem extends far beyond Afghanistan and is a worldwide issue. There is a clear gender bias against women having sex. On the other hand, men are often complimented for their sexual prowess. If gender equality is to be realized, then there needs to be a cultural cleansing of the many double standards placed on women.

Lastly, the most damning reason why vaginal testing shouldn’t be used is that it doesn’t work. The World Health Organization has found that there is no scientific basis for the claim that a torn hymen is evidence that a woman has had sexual intercourse. In fact, they have found that there are many nonsexual ways that the hymen can be damaged. For instance, the use of a tampon or being physically active in sports like gymnastics can cause the hymen to break. The sole reason for subjecting women to this painful test is to confirm that they are virgins. If a virginity test can’t prove whatsoever that they are or aren’t virgins then there is no logical explanation to continue this practice.

Afghani girls
A female engagement team from Combined Task Force Lightning, met with women and girls to focus on health education at Baqi Tanah, Spin Boldak District, Kandahar province, Afghanistan, June 20. Source: DVIDSHUB, Creative Commons.

Currently, there are several thousand women, many as young as 13, imprisoned for failing one of these inconclusive virginity tests. On top of being imprisoned with faulty evidence for an unjust crime, these girls are subjected to terrible prison conditions. Farhad Javid is in charge of Afghanistan’s division of Marie Stopes International, an organization focused on protecting women’s sexual rights. Javid recently visited the Mazar-i-Sharif prison where many women convicted of ‘moral’ crimes are held. He found that these women face severe overcrowding, lack of access to proper healthcare, and constant, daily sexual assault. Women falsely convicted of having sex have reported being frequently forced to have sex with prison guards and staff. Due to the lack of reliable evidence of these women’s alleged crimes and the inhumane treatment these girls are facing in prison, Javid is campaigning for the immediate release of all women being imprisoned for ‘moral’ crimes.

Unfortunately, even after being released from prison these women will have lasting problems. For the rest of their lives, they will have to deal with the trauma and memories of the forced virginity test as well as the sexual abuse they underwent in prison. On top of this, they will likely have a hard time finding stability. Despite being falsely convicted with invalid evidence, their reputations have been permanently and irreparably stained. For most of these girls, their families have already disowned them. They have no intention of taking back a daughter who they believe to have committed ‘moral’ atrocities that have brought shame upon their family. Also, these girls have been imprisoned at young ages and have not completed an education or have been married. With no family, husband, or education to support themselves with and nowhere to go these women’s future outlooks are grim. There aren’t many resources available to women in Afghanistan without a family or support system. The majority will end up at overcrowded and underfunded women’s shelters. Without proper protection, they are in constant threat of violence or rape. Their lives will be constantly haunted by this ordeal like being branded by a scarlet letter.

It is astounding how easy it is for these women’s entire lives to be turned upside down. Simply walking down the street with a boy or getting a ride home from a boy is enough to get reported to the police by family members or neighbors. The authorities waste no time ordering a virginity test. Despite the girl having done nothing wrong, there is a real and terrifying chance that she will fail the unreliable test and be imprisoned. It is obvious that much change is needed to prevent this same tragedy from happening to more innocent young girls.

The solution to this problem lies at the local level. If the people are well-informed about the test’s ineffectiveness, then they will stop requesting the examination take place. A massive public relations campaign could be used to accomplish this task. Local governments need to partner with the many nonprofit organizations committed to helping improve the rights of women. By doing so these local governments will have the necessary funding and manpower to launch a public relations campaign with individuals well qualified to teach the public about the ineffectiveness of virginity testing. Another solution is proposed by Javid and the Marie Stopes Afghanistan. Recently Marie Stopes helped the Afghanistan government to create a new policy that discourages doctors from pursuing these tests. The policy states that virginity tests have no scientific credibility and should not be administered by health care professionals for the purpose of determining if a girl is a virgin. Marie Stopes is sending out doctors to both train hospital staff and ensure the new policy is carried out and taken seriously at each hospital in Afghanistan. This initiative aims to tackle the problem by reducing the credibility of virginity testing. If no licensed doctors are willing to perform the procedure due to official public policy, then the hope is that law enforcement will stop requesting and in some cases pressuring doctors to conduct virginity testing on suspected girls. Law enforcement will be forced to subject girls to exams by unlicensed non-professionals if they wish to continue the use of virginity testing. This will lower the integrity of their claims of proving the state of a girl’s virginity and will surely aid in gaining local support to end the barbaric practice.

If the work to accomplish this solution is continued, then real progress will be made. If the government and culture of Afghanistan can be open to a small amount of change then thousands of other girls can be saved from such terrible experiences.  While there are many other unfair gender practices common in this region, this campaign will be a large step towards the path to gender equality. With continued public relations campaigns and pressure for governmental action, an Afghan society that treats women fairly and empowers them to be in control of their lives will be enacted.

 

 

The Plight of China’s Migrant Workers

by Dianna Bai

a photo of a Chinese shoemaker
The shoemaker’s children always go barefoot. Having an issue with one of your shoes? No problem, the old cobbler on the sidewalk corner can help you. There are less and less street workers like that now in China, but is some places of cities, we can easily found plenty of them. They are mainly old people, who I guess has always been doing this, in this place, from winter to summer, even when it is raining. The price is still attractive for clients who prefer deal in the street rather than in shops… but for how long. This is China. Source: Gauthier DELECROIX, Creative Commons

China’s newfound economic prowess since the reform and opening has been shouldered by its massive population of migrant laborers. A significant surplus of unskilled workers and a lax regulatory environment has given Chinese factories, like those in many developing countries, a competitive edge over their counterparts in the Global North. In this troubling “race to the bottom,” a great number of Chinese factories overwork and underpay their rank-and-file employees, at times subjecting them to sordid and dangerous conditions. Although brands such as Nike, Walmart and Apple have been pressured by the international media and human rights organizations to take responsibility for labor rights within their supply chains, it is difficult to separate the profits of these corporations from their habitual exploitation of the weak human rights standards and ineffective enforcement of regulations in countries like China.

For most of China’s 131 million migrant workers, leaving the village and traveling to the city to find gainful employment is the greatest opportunity as well as the most harrowing journey of their lives. The freedom and ability to leave their rural hometown are points of pride for migrant workers, yet the enormous surplus of labor in the urban areas has led to fierce competition in the market, forcing them to accept low wages, no benefits, poor working conditions, strict work regimes, and little job security. In the documentary China Blue, we see employees of the blue jean factory worked for pennies an hour, less than the minimum wage, and are often forced to work overtime – even overnight – to meet shipping deadlines. Some are so exhausted by continuous hours of labor that they fall asleep at their workstations, risking reprimand by their supervisors. Factory workers often do not get paid on time and new workers lose their first month’s paycheck as a “deposit,” a sum of money they never receive if they choose to quit. Furthermore, migrant workers have no access to healthcare or education in the city as a result of the discriminatory hukou system that binds them legally to their rural hometowns. China has a comprehensive set of labor laws including minimum wage, but local and provincial officials rarely enforce them in order to attract foreign businesses and boost their regions’ economic growth. As a result, migrant workers are exploited on dual levels, by the factories that employ them and the state that fails to protect them.

Most migrant workers do not understand their legal rights; they have no organized way to defend them. Workers have some inkling of their rights when it is most obvious. However, they lack knowledge of the comprehensive but unenforced regulations protecting them. In China Blue, the workers at the blue jean factory held a haphazard strike after their pay had been delayed for three months. There have also been some success stories of migrant workers taking legal actions against their employers. Lawyers like Zhou Litai have made triumphant careers from helping injured workers litigate with their employers for rightful compensation. Yet a string of individual cases won by workers has not changed the basic conditions of factories. Because of an authoritarian government that fears the rise of civil society, the Chinese government has not allowed independent labor unions to form in China. In developed countries, these types of organizations undergirded the labor rights movement during the industrialization process. They educated workers, negotiated with factory owners on their behalf, and organized strikes when necessary. If Chinese workers are not empowered to speak up for themselves, then who has the luxury to speak for them?

One might argue that Western consumers have the luxury to speak up for these exploited workers by demanding corporations to “clean up” their supply chains. The anti-sweatshop movement has gained great momentum in the past two decades. Due to negative media attention and pressure from NGOs, many multinational corporations that source overseas have devoted significant resources and efforts to audit the factories in their supply chains, even establishing social compliance divisions solely dedicated to this goal. Brands such as Nike at first defended the conditions in its Indonesian factories, contending that their corporation has created thousands of jobs for people who lack better opportunities. Philip Knight, the founder of Nike, pointed out: “People argued that we were taking advantage of the poor Japanese workers 20 years ago. Now Japan makes no Nikes and imports $100 million of them.” Nevertheless, Nike soon followed cues from other corporations and drafted a code of conduct for its factories.

a portrait of a Chinese farmer
Happy Farmer. Farmer after working in the morning – getting ready to deliver vegetables to town for lunch. Jiashan, China Source: DaiLuo, Creative Commons.

The global movement for labor rights has brought international attention to the plight of workers in developing countries and put the issue on the table for multinational corporations. However, there is a serious inherent problem in letting corporations police themselves: a misalignment of incentives. The primary aims of private corporations are to make profits, satisfy customers, and reward shareholders. They accomplish these goals by constantly trying to improve cost efficiency, which is what attracts them to developing world factories. Apple, for example, produces its products in China because of the huge economies of scales that can be achieved there as opposed to the United States. The speed and flexibility of the Chinese manufacturing sector has drawn in companies like Apple, but it comes at the price of poorer labor conditions. Cost efficiency puts the corporations’ incentives in misalignment with social compliance divisions. Because social compliance divisions do not usually cooperate with buying departments, multinational corporations are essentially asking factories to improve the conditions for their workers while still demanding the same low prices. This disjunction has led to massive falsification of records by factory owners, undermining the integrity of the audit process. The audit profession itself is also plagued with human capital problems and instances of bribery. Corporations, in turn, have little incentive to investigate fraud so long as they can present a picture of compliance to concerned consumers. They can essentially pay lip service to the human rights movement by going along with the records presented to them. In the case of mass falsification, concerned consumers cannot even be certain that a brand which claims to buy from only factories with good labor conditions is, in fact, doing so.

Instead of simply paying attention to better audits of factories from corporations, consumers who are concerned about the labor conditions in China should also demand “responsible prices” at the manufacturing level. Currently, the prices that brands pay to factory owners in China are so low that they face the dilemma of improving labor conditions and losing business or falsifying records to comply with labor standards. Timberland, for example, will pay only $20 per shoe that it buys from a manufacturer, while selling it to the retailer for $50, which then sells it to consumers for $100. In the $80 of revenue gained after the product has been purchased from the manufacturer, there must be some room to offer the manufacturer a better price without passing on the cost to consumers. Consumer groups should scrutinize the profit structure of brands and retailers and buy goods that pay manufacturers better, so that manufacturers can pass on the generosity to their workers. This requires the buying department and the social compliance division to work together to establish an agreeable price for products that takes into account favorable labor conditions. This doesn’t necessarily have to come with a loss of profits for the brands and retailers. Favorable corporations will gain the loyalty and goodwill of a growing number of consumers who are concerned about emerging market labor conditions.

However, a consumer can only do so much on the demand side. Much of the work to be done on labor rights must come from the workers themselves. NGOs working in this field must continue educating workers on labor rights, encouraging them to organize, and advocating for the establishment of true, independent labor unions. China’s official labor union, the All-China Federation of Trade Unions (ACFTU), functions more as a peacekeeping organ between workers and management rather than a labor union truly representing the interests of workers. Although the ACFTU has considerable political clout at the national level and lobbies for labor protection laws, its chapters at various factories rarely make demands on behalf of workers. ACFTU union leaders are generally chosen by the factory management and remain beholden to the management. Chinese workers need unions with democratically elected leaders who will truly represent their interests rather than serving as a “bridge” between workers and the management. Without autonomous labor unions representing them, workers cannot bargain collectively for better wages, benefits, and working conditions. Their rights enshrined by Chinese law will go unheeded.

From one perspective, multinational corporations that choose to manufacture their products in China are giving thousands of Chinese workers opportunities they would never have had in the countryside. Although migrant workers often face laborious conditions in factories, they are earning far more than their rural counterparts and gaining more consumption power. As China becomes wealthier as a result of the economic growth driven by the export-oriented manufacturing sector, workers will naturally begin to demand more rights and better living standards. This process has taken place during the industrialization process in many former developing countries. In the meantime, however, multinational corporations are keen to exploit – for as long as they can – an inherently broken legal system and a profoundly undemocratic culture that has relegated millions of Chinese migrant workers to second-class citizenry. When China introduced in law in 2006 to give labor unions more concrete power, multinational corporations were the first to protest by implying they would move their factories elsewhere. Rather than relying on a social compliance scheme that often tolerates the falsification of records during audits, consumers should also urge corporations to offer responsible prices for manufacturers so that they can give workers better treatment without losing business. Most importantly, the Chinese and international human rights movement must continue their efforts to educate workers on labor rights and promote a political environment that will allow the formation of independent labor unions.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

India’s Relationship with the Third Gender

Simran, 30, walks through Bandra in Mumbai to ask tourists for money so she can pay her Guru. Photo by Sara Hilton for The New York Times

What is the Third Gender?

In April of 2014, the Supreme Court of India formally recognized the existence of a third gender. There is no formal definition of the third gender in India. People who identify as neither man nor woman are commonly referred to as Hijra or transgender. The Hijra have been subject to discrimination, harassment, and persecution for their genderqueer self-identification. Along with the queer community, Hijras have been targeted by law enforcement and government officials under Section 377. This law was used to criminalize any queer sexual acts and has been used to justify discrimination and mistreatment of the LGBTQ+ community since its enactment in British colonial era India.

What Is the History of the Third Gender In India?

Although the Hijra have been subject to much hate and discrimination in recent times, this has not always been the case. Hijras were well-respected and revered in ancient India. In fact, Hijras play important roles in many Hindu religious texts. One such text talks about the life of Lord Rama, one of the most virtuous Hindu heroes. At some point, Lord Rama was banished from his kingdom. After being banished, he told his followers that the men and women should wipe their tears and leave him. All of the men and women left. However, a group of people known as the Hijra remained standing before him. They were neither men nor women and refused to leave until Lord Rama returned fourteen years later. This community was praised for showing such loyalty.

Hijras also held religious authority and important court positions and administrative roles in Mughal era India. Believed to have the ability to bless, many would seek out Hijras for blessings during important religious ceremonies.  In ancient India, the Hijras were a community that was respected for being extremely loyal and were well trusted enough to be given important religious and governmental roles. This begs the question. If Hijras played an important role in ancient Indian society, then why are Hijras ostracized and persecuted in modern India?

Why Is the Third Gender Ostracized Today?

The answer is due in large part to the British colonization of India. When the British took over direct rule of India and absolved the British East India Company, government officials sought to enforce their western ideas and beliefs on Indians. Lawmakers accomplished this goal by enacting moral laws that banned anything that western society viewed as unclean and dirty. This included the creation of Section 377 of the Indian Penal Code which made illegal any “unnatural offenses” that were deemed “against the order of nature.” From when Section 377 was implemented in 1858 to when it was recently deemed unconstitutional on 6 September 2018, Section 377 was used as justification to mistreat and punish Hijras, queers, and the LGBTQ+ community.

The western concept of hating and marginalizing anybody who was not straight and cisgender took hold in Indian society. The Hijra community was forced from a well-respected role as pillars of religious and governmental society to being social outcasts. This social exile is responsible for the socioeconomic and medical difficulties that Hijras face. Hijras are prone to being economically challenged because of the stigmas that they face. They are denied educational opportunities, jobs, and discriminated against in every area of their lives.

What are the Social, Economic, and Medical Problems Caused By Lasting Social Stigmas?

Despite gaining their independence from Britain in 1947, India has only recently begun to make progress on removing legislation that has been used to attack the Hijra and LGBTQ+ population. The many decades of subjugation stretching back generations have left a mark. Many of the hateful western views towards LGBTQ+ people have become deeply ingrained in India’s culture. Even with many public relations campaigns along with a growing group of supporters, the vast majority of Indians still are against Hijras. Many Indians don’t respect Hijras worth. Hijras are often called to come to auspicious events such as marriages and child-births for blessings. Many Indians view the Hijras as bringing good luck and warding off evil spirits. Yet because of widespread discrimination, the majority of Hijras are forced to beg for money since they are barred from most employment opportunities. Due to this, some of the common means of living for Hijras are begging, dancing, and prostitution.

Open employment discrimination has run rampant because of the lack of workplace protections and discrimination laws that are not comprehensive or well-enforced. Continued police harassment has also burdened the Hijra community. Many police officers have jailed and imprisoned the Hijra community over offenses such as begging, prostitution, and having queer sex. This community has had to resort to such practices because of the refusal to integrate Hijras into the economy. Yet despite not being able to find work, Hijras are attacked even more for trying desperately to survive in a society that has practiced institutionalized, pursued, and encouraged harmful policies towards this community since colonial times.

In addition to facing issues with getting employed, Hijras also have difficulties receiving access to basic medical care. There have been many unfortunate instances of medical malpractice against Hijra people. The Civilian Welfare Foundation is an NGO that conducted studies on the medical problems faced by the transgender community. The study found that the majority of doctors are not educated on gender identity issues and that a transphobic stigma is ingrained amongst medical professionals which is responsible for the lack of proper medical care for Hijras.

The study highlighted the stories of Saikat and Anushri. Saikat was a transgender patient who died from lack of treatment following a train accident. The reason is that doctors could not decide whether to admit her to the male or the female ward. Anushi was gang-raped by several men and sought medical treatment. However, doctors refused to treat her because she was transgender and even denied her access to anti-HIV medication. These two stories highlight the dangerous impact that social stigmas have on our society. In addition to facing persecution and discrimination daily, Hijra people are at risk for bodily harm and even death from bigoted doctors and nurses who are not trained to deal with gender identity issues.

Fear of the social stigmas for being associated with the transgender community is a major reason why many doctors try to avoid seeing Hijra patients and why some outright refuse treatment altogether. Adding on to social fears, healthcare professionals have been hesitant to treat Hijra people because of the risk of criminal prosecution under Section 377. Up until the recent 2018 Supreme Court decision, it was illegal to commit queer sexual acts as well as to aid and abet these acts. There have been cases of individuals being arrested simply for selling condoms to Hijra and queer people. The lack of proper medical care and access to safe sex talks and practices has led to an HIV rate amongst Hijras that is 100 times the national average. Doctors fear Hijra patients because they are misinformed and believe in multigenerational social stigmas. Hijra patients fear doctors because of the risks of being mistreated and harmed by substandard or complete refusal of medical care. This toxic mutual distrust can only continue to harm the Hijra community.

Rithika, 23 and Ammu, 21, live with their Guru in the Koliwada area of Mumbai. Photo by Sara Hylton for the New York Times.

What Are the Recent Successes For the Hijra Community?

There are some recent successes that have helped the Hijra people. The Right for Transgender Persons Bill drafted in 2014 and passed in 2016 has been a major milestone in protecting the Hijra community. The law declared many forms of discrimination against Hijras to be illegal and banned the forcing of Hijras to beg or to leave their homes. Other benefits include the creation of a committee that focuses on helping Hijra pursue education by giving access to scholarships and textbooks among other needs. The bill has also allowed for Hijras to be recognized as socially and economically disadvantaged which qualifies Hijras for benefits from India’s Affirmative Action program. However, there are downsides to the bill as well. Hijra people have to go through a district screening process to receive their third gender certification and ID cards. This approach can lead to refusal of benefits to Hijras based upon the decision of a committee without oversight and comprised of people not trained in gender identity issues.

Also occurring in 2014 was the landmark Supreme Court decision that officially recognized the existence of the third gender. This has allowed for Hijras to opt for third gender classification on official legal documents such as driver’s licenses and passports. The decision has also signified acceptance of the Hijra community’s existence by a government that has continuously sought to marginalize those who aren’t cisgender. However, this decision has also come up short in addressing the many problems Hijras face. Third gender IDs, while motivated by good intentions, do not address many basic rights. When getting married, transferring property, or adopting children there are only cisgender ordinances in place. This means that Hijras cannot get married, cannot leave behind property for their kids, and cannot adopt kids that desperately need good homes while being recognized and identifying legally as the third gender.

Another recent Supreme Court decision that has increased the rights of Hijras happened in 2017. The court declared that the Right to Privacy was a fundamental right to all individuals and enacted protections for the privacy of Hijras’ sexual orientations. This will go a long way toward helping prevent socioeconomic and medical discrimination.

In addition to legal successes, there have also been gains in societal acceptance and integration of the Hijra community. In 2017 India accomplished many firsts. Joyita Mondal became India’s first third gender judge, Tamil Nadu became India’s first Hijra police officer, Natasha Biswas became India’s first third gender beauty pageant winner, and Kochi Metro Rail Ltd. became India’s first government-owned company to provide bulk employment to Hijras. There are plenty more Hijra success stories out there which are a sign of widespread societal change. There is hope that the social stigmas that have plagued the Hijra community will soon be fully erased.

It is clear that Hijras face many challenges in modern times. Widespread social stigmas and discrimination against this community were promoted for generations. It is also clear that such large problems take a long time to fix. However, if legal efforts and public relations campaigns are continued then India can one day become a society that fully embraces and supports all people regardless of sexual or gender orientation.

 

 

 

Section 377 is overturned, but now what?

Rainbow heart with "love" spelled out in the middle
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.