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.
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.
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.
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.
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) and14th 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.
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.
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 areof 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.
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.
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.
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.
Social media users have transformed online platforms from casual social atmospheres to an environment of learning. The online practice of calling out culture, publicly 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
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.
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.
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
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.”
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.
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 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.
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.
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)
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 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.
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
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).
UAB is an Equal Opportunity/Affirmative Action Employer committed to fostering a diverse, equitable and family-friendly environment in which all faculty and staff can excel and achieve work/life balance irrespective of race, national origin, age, genetic or family medical history, gender, faith, gender identity and expression as well as sexual orientation. UAB also encourages applications from individuals with disabilities and veterans.
