NEVERTHELESS, SHE PERSISTED

Preventing the practice of FGM/C in primary schools. Source: DFID – UK Department for International Development Follow, Creative Commons.

These three words “NEVERTHELESS, SHE PERSISTED” by Mitch McConnell, meant as a means of expressing his authority over Elizabeth Warren on the Senate floor last month, have been co-opted by women around the world as a rallying cry and a reminder that women’s rights are human rights. The phrase uttered to news outlets, regarding Warren’s defiance as she read a letter from Coretta Scott King about the US Attorney General appointment of Jeff Sessions. As Warren read, she was interrupted, forced to stand down and remain silent for the duration of the session. Unshaken, Warren utilized another room and modern technology to continue the statement. The male Democrat Senators proceeded to read the entire letter on the Senate floor, without interruption. This scene symbolizes, in various ways around the world, the blatant and subtle, dismissive and disrespectful interaction of some men towards women.

Yesterday was International Women’s Day (IWD). IWD originated as a nod to the women in the 1909 New York City factory workers strike. A 1910 international meeting in Copenhagen established the annual recognition of female advancement in human rights, including voting rights, though there was no date for the observance; in 1975, the United Nations settled on March 8. UN Secretary General Antonio Guterres explains that the protection of women and girls comes to fruition through empowerment, reducing the gender inequality that leads to discrimination, and bolstering socially and economically weak communities and societies. “Women’s legal rights, which have never been equal to men’s on any continent, are being eroded further.” Gender equality, one of the 17 Sustainable Development Goals, is an essential component in the plan “agreed by leaders of all countries” as they work in partnership to ensure the inclusion of all.

Women have been fighting against an imbalanced relationship between the sexes for centuries. Sherry Ortner believes “the universality of female subordination, the fact that it exists within every type of social and economic arrangement and in societies of every degree of complexity…something we cannot rout out simply by rearranging a few tasks and roles in the social system…The underlying logic of cultural thinking assumes the inferiority of women.”  According to historian Gail Collins, the single women of the colonies were either “tobacco brides”, indentured servants who were raped and often forced into marriage, or labeled witches and spinsters. Married colonial women achieved the highest status and authority when contributing to the progress of the nation by working in the fields, growing crops, and harvesting food; black couples were indentured servants who once they gained their freedom, owned businesses and shops. At the time, black women did not have the same constraints as white women. She contends, “Virtually all the colonial women wanted to marry, but when they did, they were automatically stripped of their legal rights. A wife’s possessions became her husband’s, and she was unable to do any business on her own, sue, borrow money, or sign contracts. A married women was virtually powerless…His character determined how far she could rise in life.” Collins is describing colonial America; however, presently, in 2017, women—whether single or married– many countries around the world remain powerless, consigned to relying on the males in their family to determine who and what she becomes.

By the 1800s, white women and homemakers were creating reform movements and petitioning for equality; black women were now domestic and sexual property of slave owners. In 1848, abolitionist Elizabeth Cady Stanton gave her Declaration of Sentiments and Resolutions at the Seneca Falls Women’s Convention she organized. Suffragette Susan B. Anthony pronounced, “Woman has been the great unpaid laborer of the world, and although within the last two decades a vast number of new employments have been opened to her, statistics prove that in the great majority of these, she is not paid according to the value of the work done, but according to sex.” The late 19th century brings the right to vote to the women of New Zealand; however, for the public sphere to hear the voice of women, it will first arrive in the form of protest from around the world.

a picture of a women's protest from 1930s
Feminism. Source: kcochran06, Creative Commons.

The 20th century generates the fight for suffrage via women like Emmeline and Christabel Pankhurst in Britain. Margaret Sanger battles Comstock Laws, making birth control available for women desperate to end the circular nature of “barefoot and pregnant”. The rise of labor needs introduces women to factory work. Yet with wars end, women lost their jobs by being “expressly fired”, replaced by men, and reduced to the ranks to domesticity. In 1963, the Civil Right Act passed, the Commission on the Status of Women is established and the Equal Pay Act, which bars unequal pay for the same or similar work completed by men or women, within the same organization, becomes federal law. Betty Friedan in her book, The Feminine Mystique, exposes the American ideal as a myth, stating

“Over and over women heard voice of tradition and of Freudian sophistication that they could desire no greater destiny than to glory in their own femininity. Experts told them how to catch a man and keep him, how to breastfeed children and handle their toilet training… They were taught to pity the neurotic, unfeminine, unhappy women who wanted to be poets or physicists or presidents. They learned that truly feminine women do not want careers, higher education, political rights—the independence and the opportunities that the old-fashioned feminists fought for. All they had to do was devote their lives from earliest girlhood to finding a husband and bearing children.”

Enter the second wave of feminism. Ortner argues that ‘female is to nature as male is to culture’ is a code of practice derived to perpetuate inequality. Most distressing is that global humanity bought into this lie and label anyone willing to stand against it, deviant. Herein lies the disdain for the term “feminist”.

The characterization of feminists as an ambitious, aggressive, bossy, b*%$#y, bra-burning woman who hates all men reveals the failed understanding of a women who stand up for themselves and the rights of other women as a means of gender equality. The fight for feminists is political because the political is personal, and the personal, political as Leymah Gbowee believes. Though progress has been made, there are significant strides yet to be made on behalf of women, politically, socially, and economically; until the fullness of women’s rights are human rights is fully accepted, implemented, and recognized.

First, women need positions of governmental leadership. The public sphere has made room for female representation by respecting the human right to participate in country elections–Saudi Arabia was last in 2015—but the issues facing women are not accurately addressed. Of the 192 nations on earth, women represented 59 in the past 50 years. The feminine voice has representation on some local levels of government within the US; however, on the national level, women possess less than 20% of the seats. Conversely, Rwandan women account for 64% of parliamentary seats as of 2013. Rwanda, known for the 1994 genocide, “has the most women’s participation globally.” Additionally, www.heforshe.org ranks Rwanda as the highest commitment leader, based upon population, for gender equality.

Second, “boys will be boys” is not an acceptable stance to take regarding misogyny and sexism. The cliché permits the turn of a blind eye where gender-based violence (GBV)–sexual harassment, bullying, stalking, assault, etc.–are concerned. Whether UN peacekeepers or college students, the combination of these actions, and a lackadaisical response from citizens and law enforcement, creates a culture where violence against women is not considered taboo. Brock Turner caught in the act and convicted of sexual assault, and released within three months of his six-month sentence. Survivors of sexual assault, regardless of gender, endure treatment as guilty of contributing to their assault: ‘what were you wearing’ or ‘why did you walk alone’, more often than the perpetrator is innocent of committing assault; therefore, most go unreported. Jill Flipovic presents rape and sexual assault as “both a crime and tool for social control.” She believes sexual assault is the result of a systemic problem of misogynistic behavior, rooted in the debasement of women by men and accepted by the by-standing status quo.

Rape and sexual assault will continue as a weapon and means of control until perceptions about sexism and misogyny change, and the creation and implementation of laws protect the survivors rather than the attacker. In Malawi, the government plans to increase the number of reported GBV by “setting up a mechanism… [that] will strengthen the 300-community based victim support units and build their capacity to handle cases in coordination with law enforcers and judiciary.”  Male heads of state, university presidents, and business leadership possess a unique opportunity of deconstructing structural violence and reconstructing institutional, gender equal framework by employing IMPACT 10x10x10 top-down engagement strategy.

The first seven female pilot officers of the Colombian Air Force against a T-34
The first seven female pilot officers of the Colombian Air Force against a T-34. Source: Aviatrix Aviatrix, Creative Commons.

Third, look for the glass ceiling to be broken through the removal of economic and labor barriers. Tennis leads the way in pay equality due to the persistent advocacy of Billie Jean King and Venus Williams. American Bessie Coleman was the first black female pilot; two weeks ago, First Officer Dawn Cook and Captain Stephanie Johnson made history as the first black pilots to command the cockpit at the same time. In addition, Soudaphone and Phinanong of Laos, made aviation history as the first female pilots.

Nathaniel Parish Flannery writes, “one in 4,000” of the world’s largest companies have a seat for women on their boards. Prime Minister of Iceland Bjani Benediktsson stated, “When it is no longer news to have women in leading position, then—and only then—will we have gender parity.” According to the glass-ceiling index, Iceland is the best nation in the world to work, leading the way in gender equality. Over the course of five years, Scandinavian countries have positioned in the top five, whereas the United States ranked 20th, seven below the average. On Tuesday, the fearless girl representing gender inequality and pay disparity became an addition to the bull on Wall Street.

For more nearly 400 years, the persistence of women has pushed back the bounds of patriarchy, which interrupted our growth, forced us to take a backseat on policy and agenda issues regarding our personhood, seeking our demure silence and acceptance. Today, in 2017, given the persistent history, current global political climate, and subsequent rise of global solidarity, the collective SHE has heard the warnings, ignored the explanations, and raised a resistance.

The Death Penalty: Violation of the Right to Life

picture of death penalty protest
Source: Maryland GovPics, Creative Commons.

The most fundamental human right is the right to life as recognized in Article 3 of the Universal Declaration of Human Rights. The denial of the right to life, through the practice of capital punishment, is internationally condemned with nearly two-thirds of countries worldwide banning the death penalty in law or in practice. The United States is a notable outlier as the only member of the G8, one of three members of the G20, and the only Western country to still practice capital punishment. This is deeply problematic for several reasons: the practice does not deter or reduce crime, disproportionately targets poor and disabled minorities, and results in the sentencing of innocent people approximately 4.1% of the time.

The local rate of death penalty cases is alarming. According to Harvard Law’s Fair Punishment Project, 16 counties of the total 3,142 in the nation were listed as outliers, including Jefferson and Mobile counties in Alabama. The study states that Jefferson County “sent more criminal defendants to death row between 2010 and 2015 than almost every other county in the nation.” As one of thirty-one states to still have the death penalty, Alabama is the only one that allows sentencing to capital punishment with a non-unanimous vote. Additionally, Alabama is the only state allowing judges to override a jury’s conclusion to recommend life without parole. Kent Faulk reports defendants in all five Jefferson County death penalty cases are black, received non-unanimous verdicts—two of which were overturned by a judge, and one third of the defendants had “intellectual disability, severe mental illness, or brain damage.”

No Justice without Life
Source: World Coalition Against the Death Penalty, Creative Commons.

Racial discrimination is a continuing problem in America’s criminal justice system, and results in the state-sponsored deaths of minorities. Recent studies have found that courts are more likely to sentence a defendant to death if they murder a white person over any other race. A study in North Carolina found that the likelihood of obtaining the death sentence increased by nearly four times if the victim was white. In Louisiana, the odds of being sentenced to death for the murder of a white victim is 97% higher than for the murder of a black victim. Additionally, a Connecticut study found that minorities who kill whites are given the death penalty at higher rates than minorities who kill minorities. Some of this discrimination may be a consequence of the racial empathy gap—the finding that people automatically assume that African-Americans feel less pain than whites.

Anthony Ray Hinton was sentenced to Alabama’s death row, recently found innocent, and freed from after nearly thirty years. Hinton, released in 2015, gave his testimony of deep racial injustice of Alabama’s criminal justice system: “[The lieutenant] said, ‘I don’t care whether you did it or you don’t… but you gonna be convicted for it. And you know why? … You got a white man. They say you shot him. Gonna have a white D.A. We gonna have a white judge. You gonna have a white jury more than likely. All of that spell conviction, conviction, conviction.’” When new evidence found Hinton innocent, he was released without any compensation, assistance program, or even a bus ticket. This, perhaps, is a more egregious wrong than the decades-long imprisonment itself. Exonerated prisoners find themselves in a changed world with no shelter, no job, and often no family. Former prisoners require mental, physical, and emotional help to successfully adjust to the world outside prison, but never receive it. In a country that declares itself to be a global leader of human rights, violations like these are unacceptable.

a picture of sad jailed prisoners
Jailed prisoners. Source: Ancho, Creative Commons.

American values list freedom, individualism, and equality– yet we simultaneously deny the fundamental rights to life, liberty, and security of person to hundreds of criminal defendants per year. International human rights treaties like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Kyoto Protocol, and the United Nations Convention on the Rights of the Child (UNCRC) remain unsigned by the United States, despite claims of upholding and honoring them. The US is the only member state of the United Nations other than Somalia that has not ratified the UNCRC, and one of only seven who have not ratified CEDAW. So far, only eighteen US states and the District of Colombia have abolished the death penalty; that number can only increase with action and engagement by citizens. Amnesty International states, “The death penalty is the ultimate, irreversible denial of human rights.”

This week, the Alabama House of Representative will vote on a bill to prohibit judicial override of jury recommendations against the death sentence. This power of judicial override, prohibited in all capital murder cases except in Alabama, has occurred 112 times– 101 of which gave a death sentence. If you feel strongly about this bill, contact your representatives using this link.

 

Additional Resources:

Bryan Stevenson – Just Mercy and Equal Justice Initiative

Michelle Alexander

Ava DuVernay

Angela Davis

National Coalition to Abolish the Death Penalty

Southern Poverty Law Center

Comparative Politics and Human Rights

picture of the US Capital building
The Capital. Source: colincalvert, Creative Commons.

At the time of this writing, 2 February 2017, the United States of America is a liberal democracy. Equal representation in government due to frequent, fair and free elections, and governmental accountability are arguably some of the guiding maxims shaping and molding the relationship between American citizens and their government.  Democracy, as publicly educated schoolchildren are taught, is a representative government operating under the highest ideals of freedom and security.  In addition to liberal democracies, what other forms of government exist?  How do they operate?  How do states of different regimes interact?  And, most importantly, how are universal human rights promoted or impeded by different governmental regimes?

The function and structure of government has been fiercely debated for thousands of years and, indeed, there are many differing opinions on the “perfect” form of governmental regime. Regimes should, according to most theorists, provide a combination of freedom, security, and equality for its citizens (McCormick, 2007). Governments are systems by which a state rations and applies power, whereas regime describes the overall type of government that is in place. The term state–an interchangeable term for nation or country, generally utilized by political scientists and internationalists–will be used throughout this blog in the same manner.

On the international level, states must possess authority and sovereignty. Authority is the ability to exert power and control over its citizens while sovereignty is the ability to act free of outside influence from other states. Due to the nature of international order, including the existence of the UN, many scholars believe the era absolute authority and sovereignty of states has come to a close.  Political theorists now refer to states as having relative authority and sovereignty, as the UN and other global institutions now have more and more influence on the conduct of states around the world (McCormick, 2007).  What is becoming increasingly clear is that the impact of different governmental regimes is no longer confined to just the administration and its citizens. Globalization, the description of increasing interdependence and influence of international state and non-state actors on one another, has supported the premise that regimes can and do affect other regimes both regionally and globally (O’Neil, 2007).

A regime operationalized is the way in which a state attempts to promote freedom, and/or equality, and/or security domestically for its citizens and internationally through relations with other states (O’Neil, 2007). Regimes types are labeled based on which of the primary government functions–freedom, equality, security–the regime promotes the most.  A regime promoting freedom, for example, is more likely to be a liberal democracy rather than a regime promoting equality at the expense of freedom (i.e. communism; O’Neil & Rogowski, 2006).  Regime types vary according to their respective levels of freedom, equality, and security; the respective levels of these three factors trickle down to influence the lives of the citizens in any given state.  Interdisciplinary research in psychology, anthropology, political science, and international relations shows a society’s cultural values may be an extension of its governmental structure; therefore, regime and “national personality” (a form of assessing culture) are linked in this way.  What has not been definitively proven, however, is the directionality of this relationship: does culture affect regime or does regime affect culture?  Government regimes all lie on a continuum: we may think of totalitarianism to be the most oppressive, and liberal democracy to be the most faily representative and accountable.  Other forms of government, such as authoritarianism, communism, socialism, and tribalism, all lie on this continuum as well.  For the purposes of this blog, the concept of human rights in society will be compared to three regime types: totalitarian regimes, authoritarian regimes, and liberal democracies. By investigating the promotion or degradation of human rights in each of these three regimes, scholars and laypeople alike can better understand the relationship between human rights and government. While most of the blog posts on the Institute for Human Rights features a ‘bottom-up’ modality of human rights advocacy, this paper will examine the opposite approach: ‘top-down’.

a picture of shackles
Shakles. Source: Heather Katsoulis, Creative Commons.

Totalitarian Regimes

What form of regime would arise if an ideological extremist exerted absolute control over a state?  This is totalitarianism (O’Neil, 2007).  Pure totalitarian regimes have been rare throughout human history, with some recent examples including Hitler and his Nazi ideology, Stalin and his Communist ideology, and Kim Jong Il and his cult of personality.  Totalitarian states have a small group of leaders, led by one individual with an absolute mandate, dictating every way of life for its citizens. Totalitarian regimes rule with fear, violence, mechanisms of repression, and oftentimes isolate the state and its citizens from the influence of outside communication and interference (O’Neil, 2007).  These regimes are guided, as previously stated, by an ideology that governs all ways of life for the state’s citizens; this ideology is part of the triad of totalitarianism, also including the state party having hegemonic control over the military-police force and industry / production in the state (O’Neil, 2007).  Ideology, the marriage of party and law enforcement, and the dictation of culture all comprise the triad, which aids in the efficacy of the totalitarian regime to exert control. This triad is the main arm by which totalitarian regimes repress its subjects. The goal of totalitarian regimes is the spread of its ideology throughout the world, dominion over one state is typically not sufficient.  Totalitarianism is seen as the ‘lowest on the scale’ in terms of personal freedom. Totalitarian regimes, such as North Korea, overemphasize security and grossly divert the national budget towards the military and defense.

A hallmark of the totalitarian regime is its quest for pure ideological control from the top down. To again refer to the North Korean case, upon the death of Kim Jong-il, the North Korean people were required to enter a period of intense mourning until his successor could ascend to the throne. During the time of mourning, North Korea was considered a ‘necropolis’, a term used when the leader of a nation-state is actually a deceased individual.  Kim Jong-un assumed the supreme leader position and North Korea resumed its totalitarian tendencies.  The totalitarian government dictates the culture of the state often using manufactured fear, secret police, and a controlled public media/propaganda machine.

Authoritarian Regimes

Authoritarian regimes are often secretive and therefore difficult to study.  In contrast to totalitarian regimes, where the leader or party in control touts the political clout of leadership, authoritarian leaders understand the power of secrecy in maintaining control.  Authoritarian governments can take many forms- on paper, that is.  Maintaining a visage of functioning democratic ideals (this concept will be visited later) is important to many authoritarian leaders, as the international community tends to forgo prosecuting and punishing democratic states.  Authoritarian regimes are operationally defined by a small loci of power (either by one leader, a military junta, or party leaders) controlling many aspects of live for the citizens of the state.  Like totalitarianism, authoritarianism is utterly non-democratic in practice (regardless if they hold ‘elections’; O’Neil, 2007).  Indeed, part of the insidiousness of dictators controlling an authoritarian regime is their use of fake elections to make the appearances of a democratic transfer or retention of power for leadership. Authoritarian regimes share many similarities with totalitarian regimes; however, authoritarianism typically does not include an ideology or philosophy, or the need for leaders to spread ideology throughout the world (O’Neil & Rogowski, 2006). Violence, repression, lack of free speech, and the need for an ‘enemy’–whether foreign or abroad–is characteristic of authoritarian regimes.

The mechanisms by which an authoritarian leader retains control may be divided into discrete categories: by force, by culture, and by capital.  Authoritarian dictators can and will use their police force and military capabilities at will to depose dissidents and quash rebellion (O’Neill, 2007).  In the case of violent repression, the international community may elect to step in, and this threat is not lost on the savvy dictator. Therefore, other means of repression have been commonplace in authoritarian regimes.  The subtle use of cultural and societal mores as an extension of the government has been well documented, and the term ‘authoritarian’ has entered the common lexicon to refer to any personality or culture embodying the pursuit of power and control at the expense of others (McCormick, 2007; O’Neil, 2007; O’Neil & Rogowski, 2007).  Again, the security of a state and its leaders is championed by the elimination of citizens’ freedom. Human rights, similarly to authoritarianism, is typically in dire straits under the influence of an authoritarian leader.

Liberal Democratic Regimes

Finally, the last regime type explored in this blog is the liberal democracy–whereby a state’s representatives are elected through free, fair, and frequent elections by eligible citizens (O’Neil, 2007).  Liberal democracies take several forms: the presidential system (found in the United States), the parliamentary system (in the UK), and a semi-presidential system (France; McCormick, 2007).  Unlike the previous two types of regimes, democracies attempt to provide citizens with freedom, equality, and security alike (O’Neil, 2007).  An important caveat here: in democracy, freedom is typically more championed than equality; the reverse would be true in a communist or socialist regime. Liberal democracies typically enact policies allowing for citizens to allow more personal choice in their lives (freedom) rather than policies that ‘level the playing field’ (equality).  All liberal democracies feature policies promoting both freedom and equality to a certain extent (O’Neil, 2007).  Liberal democracies have recently been touted as the ‘ideal’ government due to its representative nature; however, problems exist in democracies just like in any form for government.  As political parties have risen in ascendancy, as a form of power consolidation within democracies, beleaguered by petty power grabs and comparatively low-level corruption, many voters in liberal democracies have expressed discontent with their representing parties (How strong are the institutions of liberal societies, 2016).  The Economist recently published a critique of modern liberal democracy, importing its readers the dangers of populism, political party influence, and degradation of the fair and public media as assaults on the fundamental institutions of democracy.

Liberal democracy is built upon ideal of citizens wielding power over the state, as opposed to the unbridled conglomeration of power in totalitarian regimes.  Ideals such as protection of the public sphere (whereby knowledge and information is shared freely and publicly among all persons), a reciprocally deterministic relationship between citizens and government (i.e., representatives being held accountable to their constituents), and the enshrinement of human rights all clearly and concisely comprise the blueprint of democracy.  Liberal democracies represent not only a regime type, but also the synthesis between political institutions and moral thinking itself.  Universal ethical imperatives, such as those outlined in the UN and its many treaties, policies and protocols, are the foundation for human rights.  Liberal democracies have embraced human rights as staple of their political culture.  The word ‘citizen’ is used with intention here because democracies have citizens. Repressive governments are said to have subjects.

Comparative Politics and Human Rights

This blog post is the first of several elucidating the connections between comparative politics and the protection of human rights.  The comparative analysis of regimes often attempts to provide easy-to-understand, distinct, and discrete forms of government, such as totalitarianism, authoritarianism, and democracy.  In reality, governments and regimes exist in a world of gray, a space between these clear definitions.  Democracies use torture.  Totalitarian regimes care for the elderly.  Authoritarian leaders sometime start their reign genuinely advocating for the rights of repressed persons.  A lesson to be learned from this analysis is not to classify regimes and governments as ‘good’ or ‘bad’, for exercising more judgement in that regard could alienate populations and incite leaders to violence. Given this suspension of judgement, the study of human rights’ relationship to regime will help scholars and laypersons alike understand what, if any, threats to their rights exist in the world around them.

Concluding this paper is a word of caution to global citizens, but especially those living under the regime of liberal democracy. A term mentioned above, the public sphere, refers to the ability for any and all members in a state to come together and freely share information (especially knowledge from science, art, and religion) for the goal of political change and debate. An analogy would be the Forum used in Ancient Greece. The public sphere today includes popular social media and the press (whether print or online). The role of the free press in particular has been greatly threatened and trivialized in many states around the world, including liberal democracies such as the United States. It is through the press and other non-governmental actors the tangible effects of the regime are made public. To threaten and attack institutions such as free press is to directly threaten the mechanism by which democracy is held accountable. Without a platform for public discourse, the public sphere is limited in its access of information: imagine a library with no books or internet. To publicly call and shame a government for human rights violations is one of the most important mechanisms by which governments are held accountable. In a post-facts world, the truth about your government does matter.

 

References

How strong are the institutions of liberal societies? (2016). The Economist (Online), Retrieved from http://fetch.mhsl.uab.edu/login?url=http://search.proquest.com/docview/1837417012?accountid=8240

McCormick, J. (2007).  Comparative Politics in Transition (5th. Ed.)  Belmont, CA: Thomson Wadsworth.

O’Neil, P. H. (2007).  Essentials of Comparative Politics (2nd Ed.).  W. W. Norton & Company: New York, NY.

O’Neil, P. H. & Rogowski, R. (2006).  Essential Readings in Comparative Politics (2nd Ed.).  W. W. Norton & Company: New York, NY.

Women’s March: An Evolution in Global Solidarity

picture of Washington, DC Women's March 2017
DC Women’s March. Source: Liz Lemon, Creative Commons.

On January 21, 2017, over five million people marched–on all seven continents–in solidarity for women’s issues. In Washington D.C, one million marchers made their voices heard, nearly three times the size of the crowd at the inauguration, according to crowd scientists. The Birmingham, Alabama march numbered nearly five thousand, to the surprise of organizers who expected closer to several hundred. The official Women’s March website states the platform and approach is committed to equality, diversity, and inclusion. While initially, the Trump administration may have been the fuel for this rise, the movement presently signifies an international protest against the growing threat of a dishonest narrative about women’s rights and unjust treatment of them.

The sheer numbers of attendees at the march inspired and infused hope into the hearts of many deeply opposed to the injustices within the context of women’s rights. Critics of the march seem to misinterpret the intentions of marchers by claiming that the cause was American-centric, thus ignoring the subjugation of women globally. There is some validity to this, in that, the focus of many marchers remained centered in American political issues, and often excluded some key actors from the discussion like transgender people. However, many critics used these potentially valid grounds to deny the existence of oppression in America. Blogger Stephanie Dolce, after listing a series of wrongs against women in other countries, writes, “So when women get together in America and whine they don’t have equal rights and march in their clean clothes, after eating a hearty breakfast, it’s like a vacation away that they have paid for to get there.” This critical narrative reveals the false impression that many Americans have about women’s rights, the nature of protests, and the human right to participate in protest.

picture of girl holding signs at Birmingham Alabama Women's march 2017
Women’s March in Birmingham, AL January 2017. Source: Ajanet Rountree.

Dolce mentioned the issues of rape, limited education access, gender violence, and denial of bodily autonomy through legislation, infanticide, and female genital mutilation (FGM). She then suggests that American women do not experience these acts of violence and oppression. To believe that these issues are absent in America is to remain blinded by privilege. Dolce’s argument, supported and shared many times across social media, is rooted in privilege—a privilege that often undermines the nature of exploitation and oppression of another because distance rather than proximity and a lack of knowledge discredit the acknowledgement of an experience.

Marchers in cities around the world reflected the microcosm of the global civic society. It is highly unlikely that Dolce, who is vocally critical of the march, attended a protest based on her blog writing. Conversely, I have been an advocate for human rights for years and decided to experience the Birmingham march firsthand. I found myself deeply moved by the variety of issues and identities represented; therefore, I can bear witness to a crowd of people marching for a diverse set of causes, each inherently political but not as a political reaction. Protest signs held high regarding immigration, environmental issues, racism, disability rights, and more, dotted the landscape of Kelly Ingram Park. The diversity of the city was visible in the composition of marchers and their causes. The harsh, judgmental “anti-Trump” rhetoric is an insult to social justice, as this march and subsequent protests, are not about him or any one person.

The highly divisive stage in American politics provides a vehicle of change through shock and outrage; fortunately, the movement is not limited to the American arena. This activism is not a backlash to the election or simply a march about women’s issues. This is not, as some may see it, a petty protest against the shift in ideology represented in our new president. This is the beginning of a global movement to protect rights presently impacted by global structural violence targeted towards women specifically, and humanity generally.

picture of Women's March in London 2017
Women’s March London. Source: Garry Knight, Creative Commons

The Women’s March website has listed steps to transform the vigorous energy seen on January 21 into a long-term international movement. Given the millions of marchers who came out, it is hard to imagine that the momentum and awareness for women’s rights will simply fade away. The evolution of the movement is already underway. They currently have two “global action steps” listed and a third still developing. First, communicate concerns for women’s rights by contacting representatives, using postcards or letters with a picture of the march. Second, organize local “next up huddles” which are intended to foster support and community. The goal is that each area brainstorm a “set of actions and strategies our group will pursue in the coming weeks and months”, mobilizing the community through grassroots activism and people power.  The grassroots approach, fueled by people power, is essential because it empowers leadership and change from the bottom-up rather than top-down. People power initiates the quicker and more effective change across nations.

With an enormous base of supporters and power of grassroots change, it is clear that the spirit behind the Women’s March is thriving and quickly evolving into a transnational platform.

 

Non-discrimination is a Fundamental Human Right

Protests at JFK Terminal 4 on January 28, 2017. Photo credit: Julia Symborski.
Protests at JFK Terminal 4 on January 28, 2017. Photo credit: Julia Symborski.

In light of recent actions from the White House banning immigration of Muslims of certain countries, including permanent residents and visa holders of the U.S., it is imperative that we speak about the right to non-discrimination.

Discrimination is one of the most common and most widespread human rights violations. It is multifaceted and present at all levels of public governance and in civil society. It affects all parts of people’s lives, including politics, education, employment, social and medical services, housing, the penitentiary system, law enforcement, and the administration of justice in general. It can be open and clearly visible (e.g., ingrained in a state’s institution or laws), or it can be implicit and form part of structural violence (e.g., discrimination against people living in poverty). While no general definition of discrimination exists in international law, we usually consider discrimination to mean any distinction, exclusion, restriction or preference which is based on specific characteristics of an individual and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights or freedoms.

Non-discrimination is thus one of the most fundamental principles of human rights. The very essence of human rights – rights that are inherent to all human beings, inalienable equally applicable to everyone, at all times, everywhere, and in all situations – is embodied in non-discrimination, which gives voice to the equality of all human beings. The Universal Declaration of Human Rights covers non-discrimination in Article 2:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Essentially, non-discrimination is the right to be treated equally before the law and in all aspects of life. It guarantees that equal circumstances are dealt with equally in law and practice. However, not all cases of unequal treatment are automatically discrimination. For example, affirmative action on behalf of marginalized groups to establish equality in fact is permissible. A violation of non-discrimination clauses would arise if similar cases are treated differently, if there is no reasonable or objective justification for different treatment, or if the means used are not proportional to the aim sought.

Today, this fundamental principle is embedded in all major international human rights treaties, some of which specifically focus on non-discrimination (e.g., the Convention on the Elimination of All Forms of Racial Discrimination or the Convention on the Elimination of Discrimination Against Women). There have been efforts to expand non-discrimination beyond the traditionally covered characteristics to include, for example, persons with disabilities or the LBTQ+ community. However, non-discrimination was not always a principle of international law. It was only after WWII, which exhibited the consequences of deliberate, systematic discrimination, persecution, and mass murder of specific groups in the most horrific way, that the principle of non-discrimination fully entered the realm of international politics and law.

Picture of flags and street leading up to the United Nations Palais des Nations in Geneva.
The United Nations Human Rights Bodies are located in the Palais des Nations in Geneva, Switzerland. Source: cometstarmoon, Creative Commons

In the U.S., non-discrimination is included in the 5th Amendment (Due Process Clause) and 14th Amendment, which provides in its Equal Protection clause that states may not “deny to any person within its jurisdiction the equal protection of the laws.” Nevertheless, we all know that discrimination, racism, and xenophobia have a long history in the U.S. The legacy of slavery and Jim Crow laws continue today in institutionalized racism and segregation along socio-economic lines. Similarly, xenophobia and the barring of immigrants based on their country of origin has been common practice. In 1924, Congress enacted laws that banned Asians from immigrating into the United States and established “national origins quota” that favored Western Europeans and discriminated against Eastern Europeans, Asians, and Africans. This practice was abandoned officially only in 1965 with the enactment of the Immigration and Nationality Act, which states that no one can be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” Note that religion is not mentioned in this list and that this law only applies to immigrants, namely people who intend to stay in the U.S. permanently, not temporary visitors such as refugees, students, tourists, or guest workers. This law was designed not only to protect immigrants, but also American citizens who have the right to sponsor their family members or marry a foreigner without discrimination.

President Trump’s executive order, which suspends the entry of all refugees for 120 days, barres Syrian refugees indefinitely, and temporarily freezes immigration from seven mostly Muslim countries, thus most likely not only violates U.S. laws, but also fundamental principles of human rights, esp. the right to non-discrimination. It also stands in opposition of core values of U.S. culture, which includes a history of welcoming immigrants and a philosophy of humanitarianism. While the ruling by a federal judge last night partially blocks the President’s actions, it only prevents the government from deporting those who have already arrived at U.S. airports. It does not allow them to enter the country or discuss the constitutionality of the President’s order.

Victims of war and violence have been victimized yet again.  The heart-wrenching stories and pictures of families torn apart, of students seeing their dreams shattered, and of professionals’ fearing for their livelihoods will probably become a common sight if the implementation of President Tump’s executive order continues. The chaos and outrage worldwide are likely to persist, with grave and long term consequences for the U.S., for its reputation in the world, and the values that it stands for.

It is important in these times that we are well informed about our human rights and those of others. We will update this post as more information becomes available.

THE BRIDGE PERSPECTIVE: HUMAN TRAFFICKING, HUMAN RIGHTS, AND RACE IN AMERICA

by Sunny Slaughter

It took me a minute to get my thoughts together on exactly what I wanted to say in this piece as a guest blogger. I rewrote this more than once, almost to the point of nausea thinking about whether I should not offend the host and its readers, but then I realized that truth can sometimes be a bitter pill to swallow, one drop can create a ripple effect, and this truth is my reality. Human Trafficking thrives off many things including silence. Human Rights is not always a matter of what is given, but rather what is demanded. Race and racism has never been about justice, but rather privilege and the privileged can never fully comprehend what they won’t ever fully experience.

picture of Stone Town Slave Trade. Source: Son of Groucho, Creative Commons.
Stone Town Slave Trade. Source: Son of Groucho, Creative Commons.

History does matter. The truth is I don’t personally like the term “modern-day slavery”. In fact, I’ve often wonder whose idea it was to coin this phrase in the first place?  “Slavery” and particularly in the U.S., was the legal victimization and oppression of an entire population of people based solely on race, that continues to have generational repercussions. Black women and girls were raped, beaten, held captive, violated, taken from their families, sold, mutilated and even murdered. They were forced to bare the children of their perpetrators, teach others how to endure, passed between the family and visitors of their owners, and publicly shamed by their own people. Men were stripped of their human dignity as they stood by and watched helplessly as the women and girls in their lives were violated, impregnated, taken and sold.  Even more poignant is the unspoken evil with regard to their own rape and violation. Blacks were forced to endure extreme and hostile conditions of labor in fields and industries without regard to age, gender, physical condition or mental capacity. The laws protected perpetrators, not victims, there were no shelters, services, support, training or promises of restitution. It was called slavery, not modern, just slavery.

Now don’t get me wrong, I understand the premise behind the term “modern-day slavery” but it is disingenuous at best, to give weight to words in theory, without understanding or recognizing the ramifications of their historical context. I have long said that Human Trafficking is not new, it is slavery revisited, reinvested and renamed, but the only thing modern about it, would be the implication that now it is a problem, because the women and girls largely recognized as victims and survivors have European features. Laws are often changed when those who make them become uncomfortable with the societal ills that begin to impact them personally.

Nelson Mandela, said “The truth is that we are not yet free; we have merely achieved the freedom to be free, the right not to be oppressed.

The perception of modern-day slavery When most people hear the word human trafficking, it is almost always in connection to sex trafficking and tends to immediately invoke a strong emotional reaction of horror and disbelief. The visual perception of women and girls, with European features and as very young, being held captive and forced to engage in acts of sexual depravity and violence is unthinkable. People become even more horrified to learn that this is not just happening in some third world country, but right here in the U.S..

News articles, press conferences and information of coordinated law enforcement agency operations regarding human trafficking, dominate the media about white women and girls reported as runaways or missing, being lured through on-line exploitation and rescued at big sporting events, in hotels and from street-based prostitution. According to Natalie Wilson, co-Founder of The Black and Missing Foundation, 64,000 black women, girls and others are currently missing in the U.S., and yet it fails to make the headlines and sometimes even falls below the radar for law enforcement. Even more disturbing, is the reality that “anti-trafficking groups and policy makers continue to ignore the impact that race and racism play in domestic sex trafficking efforts which do not recognize minority youth as victims.”

Documentaries, movies, conferences, printed material and social media awareness campaigns, continue to keep the focus on shelters and organizations that gather substantial support and funding, while making headlines by incorporating survivors who have become the experts leading the charge for change, but rarely, if ever, do they have a hue to their skin. Not that they don’t exist, because history and truth tells us, WE most certainly do. But once again, another crisis thrives off misdirection, false perception and coded language “evidence based practice”, which is fundamentally derived from data of marginalized minority populations that have been hi-jacked by the mainstream, and successfully hood-winked the masked and disengaged. The scriptures says “my people are destroyed for lack of knowledge.”

However, this does not begin to accurately depict the totality of all that is happening. The bias of information reported does not include the stories of men and boys, transgender and gender non-conforming youth and adults who are homeless, missing from Child Welfare Services, have aged-out of foster care systems and who are being exploited or sometimes self-exploiting as a means of survival with no third party involved in the transactions. Prostitution, on-line sexual exploitation, child sexual exploitation, pornography and commercial exploitation are fueled by demand; however, they are also fueled and sustained by societal factors that have been managed in silos, with no regard to systems that are vulnerable for human trafficking schemes. There are vast populations of people, (veterans, formerly incarcerated, the elderly and disabled, single mothers, homeless and minorities) who are vulnerable for human trafficking schemes, that don’t typically capture the headlines, and go unrecognized because human trafficking has been pigeon-hold by what sells (sex) what can be sensationalized (sex and girls), and what is driven largely by emotion (white).

Unfortunately, people are less emotional and horrified when they hear the words labor trafficking often relying on the preconceived notion or misinformation, that these people (who are of foreign descent), and in the United States illegally, have willingly contributed to their own circumstances. The interweaving of issues like immigration, dreamers, confinement camps, and the belief that these people are stealing jobs from Americans and should be thrown out of the country, are heavily threaded in conversations of outrage without empathy or facts. The disregard for victims who are exploited in educational institutions through criminal justice systems, commercial business and major league sports, only scratches the surface of what is not always happening in silence, thereby making all the purported efforts to end human trafficking, splintered and unrealistic.

picture of Vigilia por la liberación de las niñas secuestradas en nigeria por Boko Haram
Vigilia por la liberación de las niñas secuestradas en nigeria por Boko Haram. Source: HazteOir.org, Creative Commons.

A global crisis Several years ago more than 200 black girls kidnapped in Nigeria sparked the global campaign “Bring Back Our Girls” individuals, groups and organizations across the racial, cultural and social spectrum galvanized and spoke publicly about what was happening. The viral campaign put black faces front and center in every form of media and print for the first time in the U.S., and bridged the nexus of human trafficking and global human rights. Unfortunately, according to photographer Ami Vitale, photos that she took on behalf of the Alexia Foundation were used and misrepresented as some the images of girls who were not actual victims of Boko Haram, nor from Nigeria. As someone who has been professionally engaged with international countries working on human trafficking and human rights issues for several years, I fully support the global response, but one must take everything into account when being responsive and responsible. Americans can quickly become horrified and outraged at what happens abroad and we can interject ourselves and posture about the money we give for the human rights atrocities. We can feel free to boast of our successes in politics and in a democracy which allows “our people” freedom of speech, choice and opportunity. But when the mirror turns inward, and we see our reflection from where we stand, as citizens of the greatest nation on earth, how dare we spin and spew with audacity, when we can neither reconcile our history of the slavery or even our attempts with modern-day slavery.

Paradigm shift  When you peel back the layers of structural inequality and violence, and identify the amount of injustices that contributes to marginalized populations becoming victims, you can recognize the nexus of human trafficking and human rights. Mandela said, “to deny people their human rights, is to challenge their very humanity”.  Systems embedded in structural violence only exacerbate opportunities of exploitation for marginalized populations. Organized and non-organized schemes swell out of the vulnerabilities known by the oppressor (trafficker, pimp, exploiter) and experienced by their victims (men, women, children); economic segregation, lack of access to quality education, health and mental health disparities and inequities, food gaps and disparities, cultural adaptation to concentrated poverty, generational trauma and violence, drugs gangs and groups, criminal behavior, discriminatory practices that alienate people and allow increased opportunities for victimization –bullying and much more.

Eleanor Roosevelt believed, “Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world…Unless these rights have meaning there, they have little meaning anywhere…”.

These are not new, nor are they beyond our control. But until we are committed to doing something that will make a substantive difference for all people and not just the select few and privileged, nothing will ever change. Martin Luther King, Jr. reminds us “injustice anywhere is a threat to justice everywhere”.

More than ever before, it is critically important for individuals representing the vast diversity of human beings in this country (African Americans, Latino/Hispanic, Native American/Alaskan Native and others) to lead, not just serve organizations. To establish shelters that provide and develop programs through a culturally competent lens for the delivery of trauma informed services and care, that address the specific needs of marginalized victims. It is imperative that we demand seats in greater numbers at the tables where decisions and policies are made with respect to human trafficking legislation, services, support, and funding.  The time for one or two just won’t do, especially when the data used to garner attention and make the case for funding, comes from the very population that is being ignored. It is vital that existing shelters not be given a pass because it’s the name everyone recognizes, or it’s the only facility that serves human trafficking victims. We must raise the bar, not lower it or we risk contributing to the re-victimization victims, damaging the reputation of worthy organizations and institutions, and opening the door for predators to prey on unsuspecting individuals and businesses within our communities. People often think someone else has done their due diligence by vetting and verifying organizations and shelters are operating ethically and with integrity, but that may not always be the case. Human Trafficking is all about money, it just depends whose on the receiving end. Robert G. Ingersoll asserts, “nothing discloses real character like the use of power…”

Consider This  People are looking for ways to become involved but before one does, I suggest pausing to turn down the background noise of hype and rhetoric that drives funding, volunteerism and emotions. Take the time to become fully knowledge about the issue of human trafficking, “modern-day slavery”, that has had a law for less than 20 years, that even seasoned professionals working in judiciary, law enforcement and victim service providers are still trying to understand how to respond to.

Recognize human trafficking is the new hot topic and cause, and do your own due diligence before you attach your time, talents and finances. Many people may also consider their faith, and although faith based shelters (mostly Christian), are popping up everywhere, you should be clear, that not every victim will be, nor should any person be coerced into religious practice. When a person is coerced to consider faith as a means of freedom and shelter, you have just infringed on their human rights and dignity.

Human trafficking is about the exploitation of the vulnerable and often uninformed. Predators both men and women, don’t have a certain look, and their demeanor is often not what one might expect. The same can be said of some survivors, who claims have been proven to be false or called into question.  You must decide. So, before you dive in and dig deep consider this!

Before you volunteer, ask questions What safety protocols do you have in place for staff, volunteers, victims/survivors? Are background checks conducted on ALL staff, volunteers, victims/survivors? What type of security do you have in place? Fencing, locked gates, guards etc.? Is the location of your facility known to the public? What safety measures do you have in place when and if a person leaves your facility to ensure that others do not find out the location? Have you ever had an incident where someone who was not authorized came to your facility? What is your rate of turn-over in staff, volunteers and victims/survivors?

Before you give, dig deep Board members are responsible for ensuring the organization is following all laws, run ethically and with integrity. So, asking for and reviewing a board’s 1099’s (GuideStar Nonprofit database) to see the names of members and have long they have served is information that you would want to know. Frequent and constant turn over should raise concern. In fact, frequent and constant turn over in staff, volunteers and even location should also raise a concern. It could be an indication of instability, financial integrity, compliance failure and even ethical reliability. How much have board members personally invested in the organization? How many victims/survivors are you currently serving, and how many have they served since the program began? How many licensed, qualified and paid, full-time staff do they have working with victims/survivors? This is an important question as to capacity and especially when it comes to transition shelters that house victims/survivors 24-hours, and drop-in shelters who may provide services and support during specified times and day. A facilities failure to have “paid” staff providing on-going professional services and support should send up a red-flag. And while it may seem like an extra step, provide your questions in writing and ask for an authorized representative to provide the information in writing, giving you time to review the answers and ask any potential additional questions later. Remember, no matter how small you give or how often you give, you have the right to know where and how your money is invested and the right to ask additional questions outside of the standard information they provide. Any organization that cannot provide you with what you require, doesn’t deserve what they are requesting. While these do not begin to exhaust the amount of questions and concerns that one should consider, this is a start.

Lealholm Bridge. Source: Red Rose Exile, Creative Commons.
Lealholm Bridge. Source: Red Rose Exile, Creative Commons.

The bridge I started out by talking about my perspective on the bridge between human trafficking, human rights and race in America. By now given the scale and what some might consider diatribe on the complexities and nuances surrounding these three topics, you may have stopped several times, considered clicking off all together, found yourself agreeing with some and disagreeing with other analysis. However, if you’ve made it this far, and I hope that you did, I also hope that you have come to realize that this is not easy, the bridge is broken and damaged in far too many places, it’s has a history of being unsteady and sometimes unreliable, it’s weak and in need of repair, but it’s what we have, until we come together to build a new one. You have now done what many of us who work on issues that impact social consciousness do every day, keep going. When it’s hard, heavy and sometimes unbearable, when the lie takes our breath away and the truth rips at our heart, when darkness gives more to our movements, than light gives to our moments. When we are crippled with fear, and yet continue to crawl, because we are survivors not merely by circumstance, but most assuredly by choice. We are destined to fight for victims, demand human dignity for survivors and seek a measure of justice where injustice reigns most supreme. We cross the spectrum of race, culture and ethnicity, we ask not for favors, but for the opportunity to bring every person’s reality into focus, so that they may become free. This is the bridge and I’m doing my part to help others cross it.

Invest wisely in the matters of change!” (literally and figuratively) – Sunny Slaughter

 

Sunnetta “Sunny” Slaughter is the CEO/Principal consultant for Sunny Slaughter Consulting, LLC . Slaughter is  subject matter expertise on human trafficking and intersecting crimes for a national and international clientele and serves as a policy strategist, facilitator, law enforcement instructor, expert, TEDx speaker and subject matter expert, across a broad spectrum of human rights, social justice and civil rights issues.

 

Additional resources:

UNODC

US State Department Annual Trafficking In Persons Report

Human Rights in the Age of Online Activism

Online activists are often termed as “social justice warriors” by those who doubt their impact. Self-identified “trolls” cast ridicule on these individuals, beliving social media activism is useless. How merited are these claims, and how useful is online activism?

Source: pixiekult, Creative Commons.
Source: pixiekult, Creative Commons.

Social media users have transformed online platforms from casual social atmospheres to an environment of learning. The online practice of calling out culturepublicly identifying and shaming individuals for offensive statements or actions, is harsh while providing an avenue for social change. There are plenty of issues with this practice – bullying minors, for one;however, there is a need for accountability in today’s age where people can spread harmful opinions across the web in seconds. A popular Tumblr blog called “Racists Getting Fired” participates in online call-out culture in a practice sometimes known as doxxing – publicly spreading information about individuals with the intention of harming their social or work lives. The blog details the work information of the individual(s) in question and contacts the employer, which can lead to the termination. Some claim this is too harsh of a practice, yet others say that these are simply the consequences of posting racist or bigoted opinions online.

An activist holds a "Black Lives Matter" signs outside the Minneapolis Police Fourth Precinct building following the officer-involved shooting of Jamar Clark on November 15, 2015. Source: Tony Webster, Creative Commons
An activist holds a “Black Lives Matter” signs outside the Minneapolis Police Fourth Precinct building following the officer-involved shooting of Jamar Clark on November 15, 2015. Source: Tony Webster, Creative Commons

The use of hashtags has also been an effective tool in raising awareness for human rights. Groups of activists tweeting #blacklivesmatter or #noDAPL has raised global awareness for these issues. Social media allowed activist groups to spread the word about the water crisis in Flint, Michigan, when the media turned a deaf ear. Social media has been a platform for organizing protests and spreading knowledge about public dissent over the murders of black individuals at the hands of the police. Many outside of the Black community would not be aware of the heartbreaking stories of Sandra Bland, Tamir Rice, Michael Brown, and so many more without the aid of social media. Twitter in particular has been useful in giving voices to activist leaders such as DeRay McKesson, and giving rise to celebrity activists like Zendaya.

Protester against the Dakota Access Pipeline. Source: Fibonacci Blue, Creative Commons.
Protester against the Dakota Access Pipeline. Source: Fibonacci Blue, Creative Commons.

The power of social media cannot be understated. To suggest that online activism isn’t real or impactful is simply false. Successful maneuvering of social media platforms creates significant changes in society through the impact of an individual who cultivates awareness and makes knowledge accessible to millions. In the past, those with the loudest voices and the most opinions were those with the most power and money, and the proper connections to global media. Today, the advancement of social media has favored the voices of the marginalized minority groups–people of color, LGBT, disabled, indigenous, Syrians in Aleppo–have been heard globally by millions when they have been silenced for centuries.

 

 

 

 

 

 

From hostility to hope: Kosovo’s struggle for inclusion and independence

 

property of UAB IHR. Photo taken by Charles Coleman
Photo taken by Charles Coleman

Ambassador Ahmet Shala, former Minster of Economy and Finance in the government of Kosovo, recently visited the University of Alabama at Birmingham’s Institute for Human Rights to speak with faculty and students about minority rights in the Balkan Peninsula, current economic development in Kosovo, as well as efforts to modernize the country.

The Republic of Kosovo is located in South Eastern Europe nestled among a group of nations, which were part of former Yugoslavia. In 1990, economic disparities in Yugoslavia led to increased tensions in the ethnically diverse territory. As the economy declined, Croats, Bosniaks, Slovenes, Albanians, Montenegrins and Macedonians began to promote ideas of ethnic nationalism. Croatia and Slovenia were the first to seek a split from the union, followed closely by a brutal war in Bosnia and Herzegovina, and later Kosovo. This series of wars for independence spanned nearly a decade and as Human Rights Watch reports many human rights violations were committed, in addition to the ethnic cleansing of several groups, which left thousands of civilians dead.

After years of Serbian crackdowns in Kosovo, NATO intervention led to the small territory’s liberation and recognition as a United Nations protectorate from 1999-2008. Finally in 2008, Kosovo declared independence and today is recognized by 110 countries as a sovereign state. The road to independence was littered with atrocities and war crimes based on ethnicity. According to Ambassador Shala, “the different groups in Yugoslavia did not feel as if they were citizens. Slavic people are different from Albanians, which was the key feeling for minorities.” Ambassador Shala added that the resulting Yugoslav wars became “Apartheid on the heart of Europe.” From the onset of the conflict, many ethnic Albanians were fired from their jobs, not allowed to attend school or university, and thousands were either killed or imprisoned.

Although, the situation improved under the UN protectorate, according to Ambassador Shala, the UN administration was incompatible with the needs of the Kosovars.  Ambassador Shala commented, “There were UN soldiers on the ground from other countries that had no idea about the needs of the people” and “there was no sustainable vision for the future and no real goals, which led to increased anxiety and frustration.”

Photo taken by Charles Coleman
Photo taken by Charles Coleman

After independence, the leaders of the Republic of Kosovo have made tremendous strides in determining the future of the country. From its inception, the idea has been that Kosovo would be a true democratic society, which embraces its multicultural identity and provides equal rights to all citizens. Today, the country seeks to create partnerships with its neighbors, fully integrate into the international community and become a member of NATO, the European Union, as well as the United Nations. The country is well on its way to succeeding at its stated goals. In 2013, the country had an estimated population of 1.86 million and according to economists as of 2015, Kosovo had a GDP (ppp) of 9140.10 billion USD. There are still some hurdles to cross, namely, not all NATO countries have recognized Kosovo as a nation; this has not stopped the ambitions of the young nation. In a recent interview with EURACTIV, the Brussels based EU policy driven news outlet, Kosovar Foreign Minister Enver Hoxhaj explains how important it is for Kosovo to become a member of both the EU and NATO. Hoxhaj states, “being an EU member is the best way to modernise [sic] politics, the economy and society. For us, it is a modernising [sic] agenda that will allow us to compete with others in the region and to grow.”

 

 

What is the International Criminal Court and Why Should I Care?

Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons
Windows of the International Criminal Court (ICC) in The Hague. Source: Roman Boed, Creative Commons.

What is the International Criminal Court and how did it develop?

The ICC is not a substitute for national courts. It is the only court with global jurisdiction that a state can go to when it cannot carry out the investigation and trial of perpetrators that have committed war crimes, genocide, and crimes against humanity. It is also not to be confused with the Court of Justice which settles disputes between states.  The idea of having an international court first developed in 1948 with the United Nations General Assembly (UN GA). In order to prevent atrocities such as the Holocaust from ever happening again, the UN GA adopted the Convention on the Prevention and Punishment of the Crime of Genocide. This convention called on criminals guilty of committing or creating a genocide to be tried by an international court that did not yet exist. Therefore, the International Law Commission (ILC) was brought in to assess the desirability and feasibility of creating a court with global jurisdiction. During the ILC’s process of drafting a statute, the Cold War halted efforts in creating such a court.

The discussion of establishing an international criminal court was not on the agenda of the international community for many years. It finally resurfaced in 1989 Trinidad and Tobago were battling massive drug trafficking. The UN GA once again called upon the International Law Commission to continue the drafting efforts that were abandoned in the early 1950s. The 1990s brought horrendous genocide, crimes against humanity, and war crimes from all over the world- particularly in Bosnia-Herzegovina and Rwanda. Due to the international climate at the time, the United Nations decided that it could not wait for an international criminal court to develop fully in order to take control of these crimes. Instead, the UN Security Council put in two ad hoc courts in order for individuals to be held accountable for these crimes – the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).

The quest for a permanent international criminal court continued when representatives met in Rome, Italy, from June 15th to July 17th of 1998. A total of 160 countries participated in this conference with the goal of negotiating an international treaty that would serve as the basis for an international criminal court. With 120 votes in favor of such a court, the Rome Statute was adopted, officially creating what we know as the International Criminal Court. The ICC was established in The Hague in the Netherlands, on July 1, 2002 when the Rome Statute entered into force. However, the reach of the court was diminished by the fact that the following countries either did not sign or did not ratify the statute: Bahrain, China, India, Indonesia,  Iraq, Israel, Kuwait, Lebanon, Malaysia, Nepal, Pakistan, Sudan, Thailand, Turkey, Ukraine, the United States, and Yemen. The absence of three permanent members of the UN Security Council – the U.S., China, and Russia – has been a particular challenge for the new court. 

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The International Criminal Court in The Hague. Source: Alkan Boudewijn de Beaumont Chaglar, Creative Commons

How does the International Criminal Court function?

There are four components that make up the ICC: The presidency, Office of the Prosecutor, chambers, and registry.

The Presidency

The presidency is the head of the court that consists of three judges who are elected by an absolute majority by the 18 judges that makeup the Court. One judge is the president and the other two are vice presidents who all serve two three-year terms. The presidency takes on a significant administrative role by representing the Court as a whole to the world and safeguarding the enforcement of sentences levied by the Court itself. It also helps organize the work of the judges.

The Office of the Prosecutor

The office of the prosecutor has one of the most important roles: They conduct investigations and prosecutions. The office of the prosecutor is mandated to “receive and analyze information on situations or alleged crimes within the jurisdiction of the ICC, to analyze situations referred to it in order to determine whether there is a reasonable basis to initiate an investigation into a crime of genocide, crimes against humanity, war crimes or the crime of aggression, and to bring the perpetrators of these crimes before the Court.” Within the office of the prosecutor, there are three divisions: the investigation division, the prosecuting division, and the jurisdiction, complementarity, and cooperation division. The former two divisions are self-explanatory, but the latter’s duty may be a little difficult to understand. The jurisdiction, complementarity, and cooperation division works with the investigation division in analyzing information that is received, as well as, evaluating situations referred to the Court. In order to have a case heard by the ICC, one must go to this division which will either approve or reject a case to be heard. They will judge the legitimacy of a case on the basis of the analyses of information pertaining to that particular situation.

The Chambers

The chambers’ responsibility is to guarantee and carry-out a fair trial. Similar to the office of the prosecutor, there are three divisions within the chambers: the pre-trial chambers, trial chambers, and appeals chambers. The eighteen judges plus the three judges in the presidency (for a total of 21 judges) are assigned to one of these three chambers. The pre-trial chamber is composed of seven judges with one to three judges presiding over each sub-chamber. Their job is to make sure that the investigation and prosecutorial proceedings are fair in order to protect the rights of suspects, witnesses, and victims. After these proceedings are completed, the pre-trial chambers decide whether or not warrants of arrest should be issued, as well as summons to the office of the prosecutor at their request. They also are responsible for confirming or not confirming the charges the suspect has been given. Current cases in the pre-trial stage are the Barasa case of Kenya, the Hussein case of Darfur, Sudan, the Al-Bashir case of Darfur, Sudan, and the Harun and Kushayb case of Darfur, Sudan.

The trials chamber works to ensure the fairness of the trial itself and that such a trial continues to appropriately comply with the rights of suspects. They are also responsible for the needed protection of witnesses and victims in necessary. Along with those roles, this chamber is the one that decides whether a suspect is guilty or innocent of the charges and if guilty, they determine the punishment whether that be through monetary compensation or going to prison (prison time cannot exceed thirty years to a life sentence). Current ongoing trials are as follows: the Gbagbo and Blé Goudé case of Côte d’Ivoire, the Bemba et. al case of the Central African Republic, and the Ntaganda case of the Democratic Republic of the Congo.

The appeals chamber steps in if the guilty plaintiff would like to appeal his or her trial or proceedings that the pre-trials chambers or trials chamber conducted. This chamber is made up of the President of the Court along with four other judges. Just like the appellate courts we have here in the states, the appeals chamber can amend, reverse, or uphold the prior chambers’ decision. In some cases, they may order a new trial with a different trials chamber. Currently, there is one appeals case- the Bemba case of the Central African Republic.

The Registry

The registry supports the Court administratively by ensuring  a fair, impartial, public trial. More specifically, the ICC describes the registry as “the core function of providing administrative and operational support to the Chambers and the Office of the Prosecutor. It also supports the Registrar’s activities in relation to defense, victims, and communication and security matters.” Communication matters consist of having responsibility and authority over the Court’s primary information, as well as outreach services and activities.

600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.
600 persons visited the International Criminal Court (ICC) on Sunday, 29 September 2013, when it opened its doors for The Hague International Day. Visitors engaged with speakers representing the Judges, the Prosecution, the Defence, the Legal Representatives of Victims, and the Registry during an interactive session held in the ICC Courtroom in The Hague (Netherlands). They had the opportunity to participate in a one-hour presentation in the ICC public gallery. Questions from visitors focused on the various aspects of the Court’s work, including its mandate, structure and ongoing cases.

Why Should I Care?

In summary, the ICC is much more complex than one might think, and rightfully so. This Court gets the worst of the worst cases in terms of cruelty. They try individuals who have been accused of participating in genocide, crimes against humanity, war crimes, etc.  In order to maintain a fair and impartial trial, there are many administrative roles within each division and chamber that work to achieve the goal of accountability. The ICC was a concept that had been thought of long before it was actually established and it is the only permanent international criminal court that tries individual perpetrators.  Some may think that the ICC doesn’t really matter or holds no significant importance when it comes to trying and punishing individuals, but actually, the ICC has a very compelling role in such matters.

 

 

Establishing the UAB Institute for Human Rights

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Twelve months ago I interviewed for the position of Director of the UAB Institute for Human Rights (IHR).

Nine months ago I was offered the position.

Six months ago I arrived in Birmingham with an idea of what I wanted to do, not knowing anyone or having a concrete plan of how to implement my ideas.

Three months ago we started to determine in which direction we want to take the IHR. Now, the Institute has a physical space, a virtual space, and staff.

And this is the UAB IHR’s first blog post. It’s been a whirlwind!

The IHR was initiated by Robert Palazzo, the Dean of the College of Arts and Sciences, and key faculty members in 2013 to provide a framework for Birmingham’s human and civil rights activities and to connect the city’s historical significance in the struggle for civil rights to national and international collaborative initiatives. In June 2014, the University of Alabama System Board of Trustees approved the Institute, which is housed in the UAB College of Arts and Sciences.  A search for its Director started.  And here I am.

UAB Heritage Hall, the physical location of the UAB IHR (room 551)
UAB Heritage Hall, the physical location of the UAB IHR (room 551)

I thought long and hard about how to position the IHR not only within Birmingham and UAB, but also within the wider academic community. It seems there are three types of institutes for human rights:

  • the one at the law school, focusing on the law making process, adjudication, and domestic or international implementation of human rights law;
  • the policy-oriented institute, advocating and lobbying for human rights in government institutions; and
  • the interdisciplinary center that either examines specific rights (e.g., social and economic rights) or a specific areas of human rights (e.g., human trafficking, transitional justice, or women’s rights).

The first two options didn’t seem to be a good fit for UAB, which left the last option. I concluded I needed to learn more about UAB and Birmingham to make an informed decision on how to position the IHR.

Over the course of the past several months, I’ve met with close to 100 organizations and units at UAB, in the Birmingham area, and beyond that engage in human rights work. I reached out to institutions focusing on alleviating poverty, addressing women’s issues, educating on human rights or human rights related issues, dealing with victims of violence and human trafficking, and focusing on social justice issues and civil rights. It was an interesting experience that taught me a lot about the community that I’ve come to live in. I realized that by connecting with the work that’s already being done in this city and around this state, the IHR could serve as a solid link between the university and its surroundings, providing a framework for human and civil rights.

Sculpture dedicated to the Foot Soldiers of the Birmingham Civil Rights Movement. Kelly Ingram Park, Birmingham, Alabama; The George F. Landegger Collection of Alabama Photographs in Carol M. Highsmith's America, Library of Congress, Prints and Photographs Division, Public Domain
Sculpture dedicated to the Foot Soldiers of the Birmingham Civil Rights Movement. Kelly Ingram Park, Birmingham, Alabama Source: The George F. Landegger Collection of Alabama Photographs in Carol M. Highsmith’s America, Library of Congress, Prints and Photographs Division, Public Domain

 

I’m a social scientist by trade – I have a joint appointment in the Department of Government and Department of Anthropology at UAB. I’ve always been interested in studying the way vulnerable or underrepresented populations – minorities, refugees, women, children, or persons with disabilities – advocate for and claim their human rights and how they deal with and monitor human rights violations in their own communities. The pattern of their struggles often remains the same – marginalization, poverty, violence, and a whole myriad of human rights violations.

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The IHR will specifically focus on these struggles worldwide. It serves as a platform for interdisciplinary interaction and collaboration to study the bottom up approach to human rights and highlight the way in which marginalized and vulnerable groups assert their human rights. The focus on the social movement associated with human rights is embodied in the Institute’s icon, which represents the movement taking over the world.

 

The IHR’s goal is

to bring Birmingham to the world and the world to Birmingham

focusing specifically on human rights in an international perspective. It engages in three specific areas:

  • education, mainly focused on UAB students, but also beyond;
  • research, at the IHR but also in collaborating with other research institutions, government agencies, international organizations, and NGOs; and
  • practical action and outreach, namely engagement with the local community, practitioners, and by integrating applied approaches.

This blog is thus a crucial part of fulfilling the IHR’s mission. It will serve as a way to educate a wider audience on international human rights issues, as a forum for reflection and discussion, and as a way to promote our events. The IHR research and events team will post weekly updates.

Source: new 1lluminati, Creative Commons
Source: new 1lluminati, Creative Commons

I hope you will check back often and engage with us on the blog, social media, and in person. We can’t wait to open up a whole new world of human rights and show you how you can get involved, learn from your ideas, and collaborate and interact.

For more information, visit our website, follow us on Facebook, Twitter, and Instagram, and stop by our office on the 5th floor of Heritage Hall (room 551, to be exact).