The Legacy of Lynching: How Hate Violence Still Haunts The American People

This is a Black man being hung from a tree with his tied behind his back during the 20th century and is used to demonstrate racial terror.
Source: Yahoo Images

 

I remember when I first saw a photo of a lynching. I couldn’t have been more than ten years old and was afraid to go outside of my house or attend school. I told my mother that the people that were hanging could not have been viewed as human but as objects of intimidation and pure terror. I recall the trauma from this photo I experienced as a child. The fear and concern for me and my family began to really scare me. Once researching this photo, I told my mother about it and she told me to research the word “lynching”. Upon the discovery, I stepped into this dark time of American history and I have become an advocate against the violation of human rights  since then. As discussed by Paula Giddings, professor of Afro-American Studies, the historical definition of this term is when someone is put to death by hanging by a mob consisting of three or more people. Lynching is done without a legal sanction, a trial, or a court sanction and actually began during the Revolutionary War. It did not become an issue of racial terror until 1886 when the number of Black lynching became higher than that of White lynching. 

The National Association for the Advancement of Colored People (NAACP), an organization that fought against the struggle against lynching  discusses the act of lynching and the nature of its terror. Lynching in America was done as an act of terror against Black people following Reconstruction in the late 19th century. The organization estimates that between the years of 1882-1968, 4,743 people were  lynched. Among those people, 3, 446 of those victims were Black. The Equal Justice Initiative, an organization dedicated towards the liberation of oppressed people in America has done much research on lynching. It documents the practice being done in mostly Southern states such as Mississippi, Alabama, and Georgia. It was not limited to the Southern states. The organization lists that it also occurred in other Western states such as Illinois, Kansas, and Oklahoma. So, during this time after Reconstruction, racial lynching was a nationwide phenomenon. 

Demonstrators of the NAACP protesting against the terror of lynching and brutal murder of Black lives in America. It includes men and women protesters advocating for laws against lynching.
Source: Yahoo Images

Research from the NAACP and Giddings notes, that most of these acts of brutality were justified  in the eyes of many Southerners. It was used as a method of intimidation to  Black people within their communities which resulted in this season of racial tension. Lynching was also a tactic that was influenced by the desire to protect the Southern white womanhood. In the eyes of Southern whites, there was this notion that Black men were sexually aggressive and predatory towards white women. Most lynching were motivated by the accusations of sexual assault and violence of Black men against white women. Although that was the story that the history books told, I knew that it had to be more to the story than that.  I wanted to study more about lynching because it affects so many things in our society and our country overall. For all these incidents of racial terror to occur for so many years, the effect of that terror does not just cease.  As I came to college and became more of an activist, I wanted to do my own research on lynching. I began to understand the importance of studying the ugly moments in history because we are told to forget.

Although the act of lynching has decreased at a tremendous level, the attitude and the justification of lynching has not. During my research, I discovered lynching was not only subjected to death by hanging, but also through beatings or being burned alive. Not only the denial of a trial but to hang someone from a tree who was most of the time innocent of the crime they were accused of. The victims were confronted by a lynch mob in jails and then beaten and tied with rope. The most shocking thing about all this was the vigilantism about it and the act of mobs storming into a jail cell to retrieve an innocent man or woman and deny them a fair trial. Hanging was not the only form of punishment they endured. Giddings also notes that victims were also burned alive, dismembered, or even dragged by vehicles, beaten, and even castrated. As lynching became spectacles for the white people in these communities, it became clear to me that these victims could not be viewed as human beings during this time. This was during a time period in America where Black people did not have many civil or human rights.  The rights of their humanity were not protected under the American law as many white people did not even look at Black people as citizens. The ADL, an organization for anti-hate advocacy, declares that there was this notion of superiority that allowed for the white race to feel superior to the Black race. This notion is the foundation of white nationalism and white supremacy in the United States. 

Lynching was viewed as the hate crimes of their day and were often used to maintain their superiority and social order in America. This lack of respect for their humanity is displayed as they were killed simply because they were Black. They were not seen as humans and their rights were not protected under the law. This problem of the lack of recognition of the human rights of Black people has left a damaging legacy and continues to contribute to the racial issues in America. Recently, I have visited the EJI museum and witnessed the jars of the soils of the sites of the lynching victims. There were so many, and it dawned on me that all these human beings could only be remembered in a jar of soil. Then I visited the National Memorial for Peace and Justice and saw the pillars of the lynching victims in America. Not only did the number of pillars completely shock me, but as you walk down the area, the floor descends, and the pillars ascend. This was to represent the victims hanging from the trees as the pillars are hanging from the ceiling. Breathtaking is not strong enough of a word to describe how I felt, I felt helpless and full of sorrow because I could not help them nor fight for them. All I could do was memorialize them as the ones that died in the struggle for Black liberation. 

This is the National Memorial of Peace and Justice in Montgomery, Alabama. This is the pillar display to memorialize over 4, 000 lynchings of Black people.
Source: Yahoo Images

 

As I think about this kind of hate violence, I begin to think of other victims whose lives have been taken by hate. I think about people such as Emmett Till, James Reeb, Matthew Sheppard, Brandon Teena, and countless others. To me that kind of violence that is motivated by hate is the most abrupt and vicious attack on human rights. Although this type of hate violence occurred during Reconstruction, there is this overwhelming feeling that hate violence have been steadily increasing in these present times. This kind of hate violence has left a haunting legacy that still haunts our society today.  In an article by the Washington Post, it discusses the rise of hate crimes  and the target towards minority groups and religious groups. These groups include crimes against the LGBTQIA+ community, people of color, and Muslims in America. I feel as though the motivation of this growing trend is due to white nationalism and the desire to return to a society where white populace was the dominating voice in the country. Hate crimes have been recognized by the Human Rights Campaign in regards to  hate crime related violence. Even though it has been declared by legislation, there needs to be more advocacy for ending hate crime violence in the United States. 

Hate crimes are committed to express prejudice and hate against a certain group and in this act, one does not see these victims as human. Instead, the victims are seen as people that must be punished for ruining or destroying what they consider as “their country”.  Of course, this is not moral justification to commit violence against humans, but this is normally the attitude of the ones who commit this violence. To me, legislation is not enough to combat this issue without the acknowledgement of the history of hate violence. There must be conversations about where hate violence stemmed from. I have always lived by the quote of “you have to understand the past to understand the present”. By us being able to able to talk about the past, it will allow us to be able to dissect the problem at the root and create resources to prevent it from occurring. 

As a nation that is so rich in diversity, there is not any room for hate towards its American citizens. There is certainly not any room for violence against its American citizens as the rights and safety of American citizens should be protected under the law. If we are really going to move forward as a country, I believe that the country needs to be honest with itself about what has been done in the past. It is imperative because as hate violence was done in order to preserve white supremacy during the lynching period, the same notion remains in our society today. Another aspect is the lack of punishment for people that commit these crimes, and this really exposes the problems that continue to harm the people within our society. Every citizen in this country should be protected under the law along with their rights. 

If we are really going to look at the root cause of this problem of hate crime and violence, then we need to take a look in the mirror and decide if we even value humanity.As a country, we failed during the era of lynching as we failed to recognize our humanity, but that narrative does not have to remain this way for the rest of our lives. There must be more conversations and resources for advocacy against hate violence, it is imperative at this point. It is imperative to ensure that the dark history of lynching and hate violence does not repeat itself as history tends to do. On my part, I have always been dedicated to the liberation of oppressed people and the protection of human rights for minority groups overall. In this I am a fellow of the Jefferson County Memorial Project that does research on   lynched victims in Jefferson County. I appreciate this work because we owe it to them to tell their story and memorialize them. As a part of this fellowship, there will be an opportunity to create conversations in the Birmingham community in an educational way. It is also important to implement this education within the nation about this dark history so that we can see how it affects us today as Americans and how we can dismantle hate violence at the root.

 

“Who Are You?” Yusef Salaam of the Exonerated Five Shares His Story

On Tuesday, October 8th, the Institute for Human Rights co-sponsored an event alongside UAB’s Office of Diversity, Equity, & Inclusion, Student Multicultural & Diversity Programs, and College of Arts & Sciences to present criminal justice advocate Dr. Yusef Salaam of the Exonerated 5 (formerly known as the Central Park 5). During his conversation with UAB’s Dr. Paulette Patterson Dilworth, they discussed his time incarcerated, race in the 21st century, and the recent Netflix special When They See Us, among other related topics.

In April 1989, following the sexual assault of a white woman in New York City’s Central Park, five young Black and Hispanic youth were convicted for this heinous crime despite inconsistencies in DNA evidence. In the process of weathering the media storm and pressure from local authorities, Salaam claims he had a “spiritual awakening” that was being shaped by the hands of God. About six months into his bid, Salaam was debating if he was doing time or if time was doing him, when an officer approached him and asked, “Who are you?”. After giving the officer his full name, the officer replied, “I know that. You’re not supposed to be here. Who are you?”. This moment changed his entire trajectory because Salaam realized he was born with a purpose. As a result, Salaam earned a college degree while in prison and suggested this accomplishment means he could do anything. He argues that many in the public eye were looking at him with hatred because they saw his future self, an educated Black man fighting for racial and criminal justice.

After serving nearly seven years for a crime he did not commit, a confession and DNA match from Matias Reyes in 2002 allowed the release and exoneration of Salaam as well as Antron McCray, Kevin Richardson, Raymond Santana, and Korey Wise. Aside from Salaam and Wise’s acquaintanceship, the Exonerated Five did not know each other. Due to police profiling, they were rounded up by NYPD, interrogated, and pressured to confess to false narratives about one another, thus having to fight individually for themselves as well as their families. The Exonerated Five never discussed these events among each other because they assumed everyone had the same experience. However, upon a pre-release screening of When They See Us, which Salaam claimed was a “traumatic experience”, the Exonerated Five had the opportunity to process the series of events that would bind them together forever.

 

Dr. Salaam speaking with Dr. Dilworth. Source: UAB Institute for Human Rights
Dr. Salaam speaking with Dr. Dilworth. Source: UAB Institute for Human Rights

 

Although, the story does not end here. As fate would have it, then future U.S. President Donald Trump actively participated in promoting the execution of the Exonerated Five through an ad in local newspapers. Furthermore, Salaam’s claim that President Trump is responsible for “cosigning folks in Charlottesville” suggests our current cultural, social, and political environment encourages racial and criminal injustice. In response, echoing Carter G. Woodson’s treatise “The Mis-Education of the Negro,” Salaam exclaimed that history is trained and taught into a people. As a result, people of color, namely Black Americans, can become so destroyed by a system that they don’t want to participate. Although, Salaam said such a position suggests, “Non-participation is participation.” Thus, we, ourselves, are the answer.

This brings us to how we, particularly white folks who have orchestrated institutions to disadvantage people of color, can be the change we want to see. As Salaam suggests, “The system is working the way it was designed.” Thus, systemic issues disproportionately affecting people of color, such as police profiling, generational poverty, underfunded schools, and weakened voting rights, must immediately be addressed and reformed. Eradicating these injustices will unlikely be in in our lifetime, although current efforts by Black Lives Matter, Innocence Project, The Sentencing Project, and Woke Vote, among many others, shine a light on what we have, and can, accomplish.

Who are you?

Providing Equal Justice for All

By Pamela Zuber

“We have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent.” – Bryan Stevenson, founder of Equal Justice Initiative and author of Just Mercy

Inside of a jail, a dark hallway with green jail cells on either side
Source: Pixabay

Money can’t buy happiness, but does it buy justice? Or, more accurately, does it help people avoid justice? Does money provide unfair advantages?

Athlete and actor O. J. Simpson famously assembled a team of some of the most prominent lawyers in the United States to defend him after he was accused of killing his ex-wife and her friend. Dubbed a legal dream team, these defenders helped Simpson win acquittal on criminal charges in 1995, although he was convicted of civil charges in 1997.

Wealthy financier Jeffrey Epstein could have been convicted of federal sex crimes involving teenagers in 2008 but pleaded guilty to lesser charges in a Florida state court. During his sentence, he was allowed to leave prison for up to twelve hours every day for six days a week. Epstein also had private security and his own psychologist while staying in a private wing of a Miami prison.

After serving thirteen months, Epstein traveled frequently to New York and the Virgin Islands while he was on probation. Epstein committed suicide in prison in August 2019 while awaiting trial on charges of sex trafficking and conspiracy to commit sex trafficking. The trafficking trial continued after his death.

Did Simpson and Epstein’s money, power, and connections help them avoid justice? If so, what does that mean for the average person and can we do anything to change it?

Understanding poverty and imprisonment

“In all criminal prosecutions, the accused shall enjoy … the assistance of counsel for his defense.”
Sixth Amendment of the United States Constitution

“If you cannot afford a lawyer, one will be provided for you.”
– Description of Miranda warnings issued to suspects

According to the U.S. Constitution and the 1966 U.S. Supreme Court ruling Miranda v. Arizona, people accused of crimes have the right to obtain an attorney for their defense. Wealthier people have the financial resources and social connections that allow them to hire experienced private attorneys. If people cannot afford such legal assistance, they may defend themselves or receive the help of court-appointed attorneys.

Although court-appointed attorneys are sorely needed, the system that employs them has experienced major problems. According to the Equal Justice Initiative, “[p]oor people in most jurisdictions do not get adequate legal representation. Only 24 states have public defender systems, and even the best of those are hampered by lack of funding and crippling case loads.”

Even if they secure representation at trials, poor people often cannot afford attorneys to represent them at appeals and other legal system procedures. Well-heeled suspects, meanwhile, can often better afford experienced representation throughout the judicial process and other benefits of such representation.

“People in prison and jail are disproportionately poor compared to the overall U.S. population,” noted the Prison Policy Initiative. “Poverty is not only a predictor of incarceration; it is also frequently the outcome, as a criminal record and time spent in prison destroys wealth, creates debt, and decimates job opportunities.” Even after poor people leave prison, their punishment continues. Poor people who are convicted of crimes often find it difficult to find jobs, housing, and other opportunities after they serve their sentences.

Much of this prosecution and imprisonment relates to drugs. “Over 1.6 million people are arrested, prosecuted, incarcerated, placed under criminal justice supervision and/or deported each year on a drug law violation,” reported the Drug Policy Alliance.

While some people turn to selling drugs when they feel they have few other economic opportunities, that is not the case for many people arrested for drug violations. People may face severe penalties just for possessing drugs for their own personal use. If they’re poor, they’re less likely to have access to effective addiction treatment, so they have a greater chance of staying addicted. There is a greater likelihood that the police will catch them with drugs in their possession.

Once arrested, poor people face medical and psychological problems relating to their addiction. They face criminal and financial problems due to their arrest, incarceration, defense, and trial. Such problems often make poor people even poorer.

Making the legal system fairer

Picture of a judge's gavel
Source: Pixabay

Some areas are looking for ways to make justice fair for all, not just the more financially secure. Writing for the Wisconsin Center for Investigative Journalism and Wisconsin Public Radio, Emily Hamer and Sheila Cohen stated that “[t]he Wisconsin Constitution states cash bail can be used only as a means of making sure the accused appears for the next court hearing — meaning judges are not supposed to consider public safety when making decisions about bail.”

Similarly, in 2018, former California governor Jerry Brown signed Senate Bill 10, a measure that would have abolished cash bail in the state. The state’s bail bonds industry struck back. It collected enough signatures to make this measure a 2020 ballot referendum so voters could determine its validity. Between the 2018 bill signing and the 2020 referendum, some California courts and reformers worked to promote changes to California bail practices and courts.

Representation may be becoming fairer as well. The American Civil Liberties Union (ACLU) investigated legal representation in the state of Michigan and found it wanting. In response, the state created the Michigan Indigent Defense Commission in 2013. The commission pays for staff members and training for cases and creates standards for court-appointed attorneys.

Michigan’s commission also includes a useful FAQ section on its website to help people understand and navigate the court-appointed attorney process. It describes how court-appointed attorneys must visit clients who have been jailed within three days, for example, and explains other rights of the accused.

Investigating laws and how they impact people

U.S. states are also investigating laws to determine if they’re fair to all of their residents. Many states have mandatory minimums, which are mandatory minimum sentences that people must serve if they’ve been convicted of certain crimes. According to the U.S. Sentencing Commission, during the 2016 fiscal year, African American and Hispanic people were more likely to be convicted of offenses that garner mandatory minimums.

The conviction rates of these groups don’t match their overall representation in the U.S. population. While Hispanic or Latino people accounted for 40.4 percent of the people convicted of mandatory minimum crimes in 2016, U.S. Census estimates from 2018 placed the Hispanic or Latino population of the United States at 18.3 percent. The U.S. census estimated the African American or black population as 13.4 percent in 2018, but people in this group accounted for 29.7 percent of mandatory minimum crime convictions.

Black and Latinx people traditionally have made less money than white people and continue to do so. The U.S. Census Bureau reported that in 2017, the median average income for households who identified as white and not Hispanic was $68,145. For Hispanic households, the median income was $50,486, while the median income for black households was $40,258.

Lower incomes have traditionally meant that people were less likely to afford adequate legal assistance. They were forced to turn to overworked, underfunded legal defense programs for assistance, assistance that may have not had the time or financial resources to investigate and defend their cases. If their legal representation faced better financed opposition, accused people may have been more likely to lose their cases, serve lengthy prison sentences, and endure unbreakable cycles of poverty after their releases.

Changes such as bail reforms in Wisconsin and California and the creation of the Michigan Indigent Defense Commission hope to end such unfair outcomes. They strive to make legal representation accessible to all. They aim to make justice truly just.

About the author: Pamela Zuber is a writer and an editor who has written about various topics, including human rights, health and wellness, gender, and business.

Climate Change is Bringing a New Meaning to “Cold War”

Image of Arctic Circle ice caps
Ponds on the Ocean. Source: NASA, Creative Commons.

When I first heard the report that President Trump was working to try to buy Greenland, I was so taken aback that I checked to make sure I was not listening to an article put out by the satirical news outlet, The Onion. Sure enough, I was listening to my NPR podcast and the President attempting to buy another country could in no way be described as fake news. A little more research into this interesting political maneuver revealed the true intentions behind the President’s financial offer to Denmark. Geopolitics are suddenly playing a massive role in climate change as countries prepare for a world with significantly higher sea levels than we are currently experiencing. This is unfortunate as major powers are focusing on investing money and resources on being prepared for the after effects of climate change instead of focusing on fixing the crisis itself. Greenland’s proximity to the Arctic Circle gives the country who owns it, currently Denmark, a claim to the continental shelf that runs under Arctic ice and thus a stake in the trade route that will be unveiled as the ice continues to melt. Ownership of Greenland would allow the United States to gain an important leg up in the race to control the Arctic.

It is indisputable that the planet is progressively getting warmer, and that humans are a direct cause of the continued warming. Green house gasses and carbon emissions produced by the world’s top producing countries directly contribute to a decrease in the expanse of ice caps and in an increase in ocean levels around the world. Average global sea level has a pattern of rising and falling over the centuries of Earth’s existence. The most recent global sea level rise, the one we are experiencing now, has proven to be significantly more rapid than past circumstances. Scientists have noted that should the current rise in sea levels continue, continental coastlines will become drastically different. World leaders do have an incentive to ignore the serious ramifications of the melting arctic ice caps in favor of the possibility of new trade routes over the top of the world. Once the ice caps melt, it could be possible for ships to travel through the Arctic without the need for ice-breaking machines.

The new trade route in question is the Northern Sea route, a route already used during the summer months but that many trade dependent nations are hoping will be open year-round. It extends from the Barents Sea (Russia’s border with Norway) to the Bering Strait (between Serbia and Alaska). Current shipping lanes require ships to start from the Mediterranean, continue through the Suez Canal, and finish through the Red Sea. With this current route, ships travel over 13,049 miles over the course of approximately 48 days. The Northern Sea Route would reduce the transit time for ships by 10 to 15 days.

It is becoming increasingly clear to major power countries that border the Arctic ice caps, such as the United States, Canada, and Russia, how strategically important control over the developing trade route could be. As of yet, Russia has been the fastest actor. Russia has the most stake in the Arctic Circle, despite the United States and Canada having claim to a large portion of the Arctic. The superpower went as far as to plant a titanium flag on the bottom of the Arctic Ocean, on the North Pole in 2007. More recently, Russia has been maintaining multiple military bases within the Arctic Circle that include over 50 ice-breaking machines. Along with the increased military presence of Russia in the Arctic, the civilian presence has increased. Nearly two million Russians live in large cities created in Russia’s Arctic territory. In comparison, the United States maintains a singular airfield in the Arctic, on land that technically belongs to Greenland, and the largest United States town of Utqiaġvik houses a population of a little more than 4,000. President Trump’s attempt to obtain the island of Greenland as part of the United States shows the US beginning to counteract Russian presence in the Arctic. Tensions are slowly rising, and many analysts have reason to believe that a major conflict over territory and control of a consistently melting Arctic could arise in the next decade.

It is clear that these nations have been paying attention to the melting ice caps but none of the countries’ representatives have presented an adequate plan for counteracting the issue. In 2015, 195 world powers signed the Paris Agreement, the goal of which was to limit the rise of global temperatures to 1.5 C above pre-industrial levels instead of the forecasted 2 C. During this 2015 conference, the United States promised to reduce its carbon dioxide emissions by 2025, Russia did not ratify the agreement, and Canada promised to reduce its annual greenhouse gas emissions below that of 2005 levels: 30 per cent below by 2030. Canada and the United States made bold commitments and led the way for other countries to do the same.

However, these commitments have not been fulfilled. In the United States in 2018, emissions rose to an estimated 3.4 percent. A country that was once considered a leader and role model in the fight against climate change has all but withdrawn from the fight. The President of the United States, Donald Trump, has even announced plans to officially abandon the Paris Agreement and has simultaneously removed carbon-reducing regulations set in place by the previous administration. The Prime Minister of Canada, Justin Trudeau, has recently announced that not only is the country on track to meet this goal, but will also undoubtedly exceed it. The claim has brought hope to many environmental activists that Canada could replace the United States as a leader in fighting the climate crisis. However, reports from within Canada dispute Trudeau’s predictions. The Environment and Climate Change Canada’s January 2019 projection has predicted that with current and upcoming climate policies, Canada will barely reach 19 per cent below 2005 levels by 2030.

Russia’s response to the climate crisis has been lackluster at best and the Climate Action Tracker rates Russia’s target emissions at the lowest rating, “Critically Insufficient.” In September of 2019 the United Nations held a Climate Conference in New York where world leaders re-evaluated prior commitments and could choose to update their emission goals. Canada pledged to reach net-zero emissions by 2050. This is an admirable goal, but leaders have not yet put forth a plan to achieve the emissions rate. The United States was largely silent in the discussions and did not provide any new promises to reduce emissions. Surprisingly, Russia agreed to ratify the Paris Agreement at the 2019 Climate Conference.

The United States, Canada, and Russia are countries that have a very large sphere of influence and it is disheartening to witness these superpowers focus energy and resources on exploiting a disastrous effect of climate change instead of working towards preventing and ending the warming of the planet. Should the ice caps melt fully, yes, a new trade route would be opened, but millions of people would be affected by the rising waters. The human habitat would be drastically affected along coastlines; more than a hundred million people live along coastlines or within range of the newly predicted coastline and many people live on the decreasing ice caps themselves.

In the race to establish territory in the Arctic, conflicts between very powerful nations could arise and citizens of the world are largely being left out of the conversation. Should the ice caps continue to melt at the rate that supporters of the new trade route are hoping for, the people who call the ice caps their home will be left with limited options and the countries who are laying claim to the Arctic are not providing any options for them. Arctic bordering countries like Russia, the United States, and Canada recognize the opportunity to gain political, economic, and strategic advantages over other major powers. The conflict that is arising from this recognition is another effect of climate change and should violence erupt in the North, the citizens of all of the included countries as well as separate countries could be affected. It is easy to acknowledge how rising water resulting from ever warming ice caps could contribute to loss of land and increased flooding. However, it is important to recognize how global warming will affect human rights in other ways, such as increased reasons for conflict between major powers around the world. President Trump offering to buy Greenland is an evident sign of a growing issue across the world, validating the concern that global warming can and will negatively impact human rights in more ways than usually understood.

Honoring Our Responsibilities to People and Other Animals

by Pamela Zuber

Dog's teeth through a knothole in a fence
Image: Pixabay

On August 19, 2019, nine-year-old Emma Hernandez died in Detroit, Michigan. She died from injuries she sustained after three dogs mauled her.

Hernandez’s death comes after her family and others issued multiple complaints and filed police reports about the dogs roaming free in the neighborhood and their owner’s inability to contain them. Neighbors tried to stop the mauling by attacking the pit bulls, but the girl suffered a fractured cervical spine and several other injuries. Writing in the Detroit News, Sarah Rahal noted that “[t]he attack was so horrific that counseling services were offered to emergency responders.”

While the death of any nine-year-old is a tragedy, Emma Hernandez’s death is especially tragic because it was so violent and so avoidable. We should not allow dangerous and potentially domestic animals to travel freely. Taking the effort to contain such animals with secure fencing and other restraints protects people’s rights to safety and security.

Not possessing such animals in the first place also prevents such tragedies. Training animals to be vicious or adopting particularly vicious animals can create disasters like Hernandez’s death. People may argue that vicious animals are security measures to prevent crime, but actually, they’re like the guns that people buy for personal security. Violent animals and guns may produce more violence than prevent it. “Access to a gun triples the risk of suicide death,” according to Giffords Law Center to Prevent Gun Violence.

What about the rights of pet owners?

(For the purposes of this article, we refer to pet owners as people who adopt animals.) Authorities have charged Pierre Cleveland, the dogs’ owner, with second-degree murder, involuntary manslaughter, and owning dangerous animals that led to Hernandez’s death. People previously filed police about roaming dogs from his house. Detroit Animal Care and Control, part of the city’s health department, visited his house in March, 2018 after receiving reports that two dogs from the house were loose. It is unclear whether the department found the animals dangerous or if they were the same dogs involved in the fatal 2019 mauling.

Clearly, improprieties involving dogs occurred in southwest Detroit in 2018 and 2019. Detroit’s home state of Michigan has clear definitions and determinations about dangerous animals, conditions that determine dangerous animal ownership, guidelines for euthanizing dangerous animals, and penalties for people who possess dangerous animals that cause harm.

Owning a dangerous pet is similar to owning a dangerous weapon. Both may inflict a great deal of harm on innocent people. Guns are inanimate objects. While dangerous animals do have brains, they do not have the reasoning abilities that people have. Dogs cannot build enclosures or make laws to corral themselves physically. It is therefore incumbent on people to control creatures and weapons. According to the American Society for the Prevention of Cruelty to Animals (ASPCA):

In order for dogs to live harmoniously with people and with other companion animals, it is critical to hold guardians responsible for the proper supervision of their dogs and for any actions on their part that either create or encourage aggressive behavior.

Responsibly owning pets is a societal obligation. We have responsibilities to others and expect that others will behave in similar ways. While we are allowed to own pets (within limits), we have to do so responsibly to live with others safely and harmoniously.

What about the rights of others?

Emma Hernandez lived next door to vicious dogs. She probably faced their barking, snarling, and aggression frequently, if not daily, during her young life. They may have been the last things she ever saw. Can you imagine living and dying with such fear?

Living with anxiety, with the constant threat of danger, may be harmful to one’s mental health. It may drive some people to drink too much or use drugs to try to escape their fear and anxiety. It could cause other symptoms of anxiety, such as insomnia, stomach problems, uneasiness, and other unpleasant side effects. We don’t know what Emma Hernandez experienced and we can’t ask her.

Safety is a fundamental right. We have entire systems to provide different kinds of safety. We have police departments and legal systems to prevent crime or prosecute it if it occurs. We have health departments that work to prevent or minimizes illnesses or injuries. These entities failed Emma Hernandez and her family.

“Everyone has the right to live, to be free, and to feel safe” is Article 3 of the Universal Declaration of Human Rights of the United Nations. Did Emma feel free and safe? Or, did human negligence lead to an egregious attack on her human rights?

How do we prevent such tragedies?

Mean-looking dog
Image: Pixabay

What happened in August 2019 in Detroit was preventable. If workers from animal control visited the house to investigate the pit bulls involved in the attack, they should have taken steps to reign in the animals and actually practice the animal control that is part of the department’s name.

When authorities are called to homes with potentially violent animals, they should remove the animals until their owners make their homes safer by building or reinforcing fences, gates, or doors or taking other safety precautions. If owners cannot afford such modifications, maybe authorities could pay for the changes and garnish pet owners’ paychecks or other sources of income.

If people do not have the income to secure their animals or repay authorities for providing such safety measures, maybe they shouldn’t own animals at all. Pet ownership is a privilege, not a right.

We could compare adopting a pet to owning a car. Owning a car requires paying for fuel, maintenance, insurance, and other charges. People are required to invest money and be diligent to make sure that their cars run properly and don’t pose hazards to others. To receive driver’s licenses, they must learn how to operate them safely.

Similarly, maybe people need training about how to handle animals. After this training, they could receive licenses to adopt pets. If their pets cause harm, people could have their licenses revoked and face further penalties, such as not being able to adopt additional pets.

Maybe law enforcement agencies and other bodies should institute a two-strike rule as well. If authorities return animals to a home and the animals provoke additional formal complaints, the authorities should remove the animals from the owners. If this provision was in place, authorities could have removed the dogs who caused the 2019 fatal mauling.

Every day, we do things to try to protect our safety and the safety of others. We drive our cars at speed limits, we cannot cross the street at any time at any place, we can only smoke tobacco in designated areas. We are allowed to do things that are potentially dangerous, but within limits.

Owning a pet comes with similar parameters. We can own animals, but not dangerous ones. If we do something that jeopardizes our safety or the safety of others, we should face repercussions. While there are ongoing repercussions to the 2019 mauling, they are unfortunately too late to help Emma Hernandez. Maybe these measures and other proposals will help people in the future before similar tragedies strike.

About the author: Pamela Zuber is a writer and an editor who writes about human rights, health and wellness, gender, and business.

Collective Guilt and Responsibility

by Marie Miguel

the Holocaust Memorial in Berlin
Holocaust Memorial Berlin. Source: Karen Mardahl, Creative Commons.

Collective guilt is a phenomenon that has impacted societies over time. The idea of collective responsibility means that we (as a society) feel responsible for hurting a group of people. It typically connects with tragic events such as genocides. One country or people feel bad about a tragic event. Why does collective guilt happen? It occurs when members of society feel that their actions are hurting others. 

Syria and collective guilt 

One example of collective guilt is when the United States deliberately neglected hundreds of thousands of individuals in Syria. After this occured many people in the United States felt guilty. The United States has an extremely extensive history of neglecting different cultures. A prime example is the Native Americans. When the United States was colonized, Native Americans were abused and murdered in their own land. The guilt our people felt did not occur until centuries later. As a result of the collective guilt and responsibility, our people feel for what we’ve done to the Native Americans, we teach children about their culture in schools. We assume cultural responsibility for what we’ve done to them by owning the fact that we hurt their people and took away their land. 

The Holocaust 

The same goes for the Holocaust and what happened to the Jewish people in Europe. Many Jews were murdered by the Nazis and Americans watched this happen. We did fight against what was happening to Jews in Germany, however, it was too late in some ways. By that time millions of Jews had already died at the hands of the Nazis. Americans did not intervene to try to help in a way that millions of Jews of their plight of death. Collective guilt has a strong association with neglect and not taking action, it is deliberate neglect. It’s standing by while something awful happens and doing little or nothing to stop it.

Studies about collective guilt 

There are studies where the authors of the research focused on historical victimization. In these studies, they are concerned about the emotional responses to genocide or societal tragedy. In one study Americans experienced less collective guilt when they were harming citizens in Iraq during the period of September 11th. That time period was challenging for the world’s population. Many cultures struggle with knowing how to feel. Collective guilt was a common emotion during this time.

Vulnerable groups and collective guilt

One thing to recognize about collective guilt is that it has perpetuated stigma amongst many cultural groups during history. For example, consider the Jews during the Holocaust in Germany. In the states, people felt bad about what was happening to the Jews across the sea. Despite this, the Jewish people were stigmatized as bad and murdered by the Nazis. The responsibility for this terrible event didn’t take place until years later. Christians were able to rationalize anti-Semitism during this era and many others. The current administration has put collective guilt on Mexicans and demanded that we build a wall to keep them out of the states. He has put collective guilt on Muslims labeling them terrorists. Collective guilt as well as scapegoating contribute to a larger problem, which results in genocide and other cultural intolerance and discrimination. 

What can we do to change collective guilt?

As a nation, we need to be mindful of when we are able to take action and recognize how we can help different cultures with their struggles and challenges. We need to remember not to be egocentric and recognize that we’re part of a larger collective: the world. Everybody deserves to have a good life, and it’s not good to turn a blind eye when you see people of other nations suffering. So if we can mobilize and help people rather than turning around and pretending that no one’s hurting that’s what can stop this situation from continually occurring. 

Letting go of guilt

Guilty feelings can be intense. If you’re feeling the weight of guilt, you’re not alone. Many people feel conflicted and guilty of a plethora of reasons. Some people feel guilty about hurting their friends, loved ones or their partner. It’s difficult to let go of guilt whether that’s collective guilt or if you’re feeling guilty as an individual. When you feel guilty about something, it’s usually because you don’t want to let others down. It can be difficult to let go of guilty feelings, particularly if you have not worked through them. One of the best ways to do this is by talking to a therapist. Whether you work with a therapist in your local area or find an online counselor to help you process these guilty feelings. Whatever your challenges are, you can get help in therapy. Guilt is something that can cause us distress, whether it is collective or individual. But you can get the help you need to stop feeling guilty and start getting better.

 

Marie Miguel has been a writing and research expert for nearly a decade, covering a variety of health-related topics. Currently, she is contributing to the expansion and growth of a free online mental health resource with BetterHelp.com. With an interest and dedication to addressing stigmas associated with mental health, she continues to specifically target subjects related to anxiety and depression.

The Sex Trafficking Industry Right In Alabama

by Dianna Bai

a picture of hands in chains
Source: Public Domain

You may have heard of the tragic situation straddling the I-20 corridor, the stretch of highway that runs between Birmingham and Atlanta.

Known as the “sex trafficking super highway,” the I-20 corridor is a hotbed for human trafficking.

The intimate settings of this illegal trade? Familiar places in our backyard: the hotels on Oxmoor Road, Woodlawn, Bessemer, and establishments all over the city of Birmingham.

Yet sex trafficking is not just confined to the I-20 corridor, as many media reports would suggest. It’s spread throughout the state of Alabama, in large cities and rural areas alike, appearing in myriad variations. The Global Slavery Index estimates that there are over 6000 victims of human trafficking each day in Alabama, which includes labor and sex trafficking.

As a $32 billion industry, human trafficking is the second-largest criminal industry in the world after the illicit drug trade—and it’s the fastest-growing. It’s the modern-day slave trade flourishing under the radar.

In the idyllic foothills of Alabama, we are touched by dark and complex operations with global reverberations.

Who are the victims of sex trafficking in Alabama?

Sex traffickers prey on the vulnerable, such as people who come from poverty or broken families.

According to The WellHouse, a non-profit organization that shelters young women in Alabama who have been victims of sex trafficking, there is a common “model” of a victim human traffickers prey on.

She is often a 12-14-year-old girl who has already been a victim of sexual abuse by a family member. An emotionally vulnerable young woman, she is lured in by the promises of comfort, love, and acceptance that an older man offers her.

He will later become her captor.

One example provided by Carolyn Potter, the executive director of The WellHouse, offers us a glimpse into the world of the girls who become victims of traffickers:

“There was a victim who had been abused by her stepfather—and her mother blamed her. Her captor started luring her in and buying her Hello Kitty items. She loved this. Nobody who was supposed to protect her protected her.”

Sex traffickers often prey on girls who have been abused by the people who love them. The accumulated trauma and experiences of abuse that these girls have been subjected to in their young lives gives rise to a sense of apathy and hopelessness.

So when their captors, who had been lavishing them with gifts and attention, start asking them to sell their bodies, their reaction is often, “Why not? This has been happening to me all my life.”

To numb the pain of repeated abuse, they may turn to drugs provided by the captors and become addicted. Traffickers then have a way to keep them from leaving.

A few might escape this life by her own efforts, but more often than not they escape through rescue operations carried out by law enforcement. In January of this year, the Well House participated in a sting operation led by the FBI during the Atlanta Super Bowl that rescued 18 girls and led to 169 arrests.

Once rescued, one of the most important steps to helping victims is simply the process of gaining their trust, as most victims who have been trapped in this life suffer from complex trauma. “Their level of PTSD is equal to someone who’s been in war,” Potter said.

What does the sex trafficking industry look like in Alabama?

As a criminal activity, sex trafficking in Alabama can take on many forms.  

“Alabama is a microcosm of human trafficking around the world,” said Christian Lim, a professor of social work at the University of Alabama who is heading up a federally funded project on the subject. “There is just about every type of human trafficking in Alabama.”

On one end of the spectrum, there are individual pimps conducting a small-time business. They might even be family members who are pimping out their children for rent or drug money—and these cases often go unreported because of the family connection. On the other end, there are the massage parlors that are the fronts for international criminal networks, laundering money and trafficking women from places as far as China and Korea. These massage parlors routinely bring in $500,000-$800,000 a year, operating late into the night and advertising online at dozens of websites selling sex.

Sex trafficking has also risen in recent years among street gangs in Alabama with ties to Georgia, Florida, and even the West Coast, according to Teresa Collier at the Alabama Law Enforcement Agency. Street gangs such as the Bloods, Simon City Royals, Latin Kings, and Surenos are known to be engaging in sex trafficking to make a profit alongside the illegal drug trade. Recruiting mostly young victims, traffickers use “bottom girls” – prostitutes who are trusted by the pimps – to identify and recruit new girls, as well as a bevy of popular social media sites including Facebook, Twitter, Instagram, Snapchat, KIK, Meet Me, Badoo, and Seeking Arrangement. Gangs like the Surenos, which have a powerful reach back to El Salvador, can even coerce the women by threatening their families back home.

In many cases, other criminal activities such as drug dealing, money laundering, and murder also surround sex trafficking operations.

What’s being done about sex trafficking in Alabama?

One reason Alabama attracts traffickers of all stripes is because it is easier to get away with the crime than other states like Georgia that have a tactical task force dedicated to combating sex trafficking, according to Collier at the Alabama Law Enforcement Agency.

Also playing to the trafficker’s advantage is the fact that Alabama is mostly a rural state with greater distances between police stations and fewer resources for law enforcement, said Lim, the professor of social work at the University of Alabama. He also said there’s needs to be more awareness raised about this issue as many misconceptions exist about sex trafficking due to the popular media’s portrayal of sex trafficking in movies like “Taken.”

The Department of Homeland Security is investigating an array of cases in Alabama and prosecuting cases at both the state and federal level. “We have made human trafficking arrests at every socioeconomic level in Birmingham, from Mountain Brook to $35-a-night hotel rooms,” said Doug Gilmer, the agent in charge of the Department of Homeland Security’s Birmingham office. “Trafficking victims also run the spectrum, with girls ranging from age 12 to the 50s.”

DHS has also provided training to 1500 Alabama law enforcement officers to combat sex trafficking in the state and offers education to any community group that’s interested. These trainings focus on how to how to recognize the signs of sex trafficking, how to respond to a call, and how to support the victims.

Meanwhile, local law enforcement agencies such as the Tuscaloosa Police have jumpstarted special initiatives to combat sex trafficking in Alabama. The Tuscaloosa Police worked with Illinois’ Cooke County police three years ago in a “National Day of Johns” sting, specifically targeting the “demand” side of the industry. Officers placed fictitious ads for sex services on various sites, which led to the arrest of 135 Johns over 16 days.

But it’s a cat-and-mouse game as traffickers find new ways to advertise sex services, moving from online ads to alternatives like secret Facebook groups. Undercover agents are seeking out these secret online groups to find traffickers and victims as traffickers learn from past mistakes and become savvier at using the digital tools at their disposal. A popular website hosted in the United States, backpage.com, was shut down by the FBI several years ago, yet has created new challenges for law enforcement as dozens of newer and smaller sites have now popped up hosted by foreign servers that are outside the jurisdiction of U.S. law enforcement agencies.

Alabama’s state legislature is also moving on this issue. They have recently passed three resolutions that would require training for truckers and healthcare workers to spot the signs of human trafficking and make it easier for the trucker to identify victims. Two other bills moving through the legislature are intended to fine and “shame” johns for soliciting sex services.

“There should be no politics when it comes to protecting our children,” State Representative Merika Coleman told AL.com.

Right in Our Backyard

It is revealing and disheartening to see the extent of the modern-day slave trade right here in our backyard in Alabama. Without the right consciousness, it may be invisible to the average person. You may see a scantily dressed young woman walking through a gas station, a Sonic, or a Walmart. She is always accompanied by someone. She looks depressed or hopeless… You may have just run into a victim of human trafficking.

Vulnerable women (and men) and children are being exploited over and over again for the profit of more powerful and unscrupulous individuals and criminal organizations. The traffickers could be anyone, but what they have in common is a disturbing disregard for human life and human dignity. In Alabama, there are many dedicated agencies fighting for the human rights of these victims, including The WellHouse, Alabama Human Trafficking Task Force, Alabama Fusion Center, and the Department of Homeland Security.

For DHS agent Doug Gilmer, there is a sense of urgency to his mission because it is a crime that’s “unspeakable.”

“When you get into the nitty-gritty of sex trafficking at the street level and you are interacting with the victims, seeing what they go through, seeing what the traffickers do…. It’s horrible,” Gilmer said. “Seeing a 14-year-old girl with eight different STDs and the 35-year-old man who purchases this girl for sex?”

“It shocks the conscience.”

Important Links

The WellHouse – A 24-hour shelter offering immediate assistance to trafficked women who are rescued from anywhere in the United States.

EnditAlabama.org – A project of the Alabama Human Trafficking Task Force, which brings together public and private agencies to address the issue in Alabama.

Alabama Fusion Center – An information-sharing organization within the Alabama Law Enforcement Agency designed to combine or “fuse” information between federal, state and local government, private sector entities, and the intelligence community

Department of Homeland Security “Blue Campaign” – A national public awareness campaign, designed to educate the public, law enforcement and other industry partners to recognize the indicators of human trafficking, and how to appropriately respond to possible cases

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

Considering the ERA

by Pam Zuber

a photo of Alice Paul sewing the Suffrage flag
Alice Paul and the Suffrage flag. Source: Public domain

“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

Twenty-four words that may mean so much. The above words are the text of the proposed Equal Rights Amendment. Long discussed, the U.S. Congress passed the Equal Rights Amendment (ERA) in 1972 but it has stalled since then. Not enough states have ratified this proposal to make it an amendment to the U.S. Constitution. As a basis of comparison, on the international level, the United Nations (UN) sponsors the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The UN body adopted this convention five years after it was written. Do these differing timelines indicate different perspectives on women’s rights?

What’s the history of the ERA?

The ERA’s journey has indeed been long. Suffragist and feminist Alice Paul, who was instrumental in adding the Nineteenth Amendment to the U.S. Constitution that gave American women the vote, proposed a version of the ERA as early as 1923:

“Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.”

Feminists proposed this amendment to the U.S. Congress several times, although it did not pass. In 1943, Paul and her supporters revised the language of this proposal and pitched it to the U.S. Congress several times. Spurred by gains in the civil rights movement and the work of the National Organization for Women (NOW) and other second-wave feminists, the proposal began to garner more support. Such support was from U.S. first ladies, presidents, various politicians, and other prominent people as well as much of the American public. The proposal also generated equally prominent criticism that contributed to its undoing. Conservative activists such as Phyllis Schlafly decried the ERA as unfeminine and threatening to the social order.

After passing the U.S. Congress, thirty-eight states needed to ratify the proposal by 1979 to make it a constitutional amendment. Legislators extended the deadline to 1982, but it didn’t help since only thirty-five states ratified the ERA by that date. Nevada and Illinois ratified the amendment in the 2000s, but Congress would have to pass legislation that extends the deadline to recognize the latest two ratifications. If this deadline is approved and if one more U.S. state approves the deadline, thirty-eight states will have ratified the amendment, although some states have rescinded their previous approval of the ERA. These rescissions make a complicated matter even more complicated.

Betty Ford and Rosalynn Carter ERA
Betty Ford and Rosalynn Carter ERA. Source: Public Domain

What could the ERA do?

If the ERA becomes an amendment on the U.S. Constitution, it could mean so much. On a very basic level, the amendment would be a formal, written statement of rights. While the U.S. Declaration of Independence states that all people are created equal and the Constitution makes it illegal to “deprive any person of life, liberty, or property, without due process of law,” various authorities have not followed these directives. They capitalized on the vague nature of the language in those documents to create circumventing loopholes or ignored the language entirely.

By addressing the rights of women directly, the ERA is more specific. The U.S. Supreme Court and lower courts could judge individual cases based on this amendment. Legislative bodies could make laws using this amendment as a guide. The ERA could create precedents to follow or to dispute, precedents that would not be subject to the whims of the political considerations of presidential administrations or legislative bodies such as the U.S. Congress or U.S. Senate. Adding the ERA to the Constitution codifies rights for women, especially for women who work in government. It could help define their rights and assist them if they have grievances. It could help them secure better pay to close the wage gap, promote fairer conditions in the workplace, and help women find equality and attain opportunity in general. As a precedent, the ERA could serve as a model for other federal, state, and local laws to grant and protect women’s rights.

What’s the history of the CEDAW and what does it do?

Women’s rights are also a primary interest of the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). According to its text, governments that adhere to this convention must “commit themselves to undertake a series of measures to end discrimination against women in all forms, including

  • to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
  • to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
  • to ensure the elimination of all acts of discrimination against women by persons, organizations or enterprises.”

Compared to the long, arduous journey of the ERA, the passage of the CEDAW was considerably quicker and less complicated. Working groups of the UN’s Commission on the Status of Women (CSW) created the text for the CEDAW in 1976. The General Assembly adopted it by a vote of 130 to zero in 1979. After the ratification of twenty member states, it became a convention in 1981. According to the UN, this passage occurred “faster than any previous human rights convention.” One notable country that hasn’t ratified the CEDAW is the United States. U.S. critics of the commission say that such international agreements threaten the sovereignty of the United States. Given the stalled progress of other pro-women initiatives such as the ERA in the country, this failure is disheartening but perhaps not that surprising.

Why isn’t the ERA the law?

While international organizations and governments CEDAW were able to draft, approve, and agree to the conditions of CEDAW (although they haven’t always abided by such conditions), the passage of the ERA continues to stall and generate debate. Why? Some people say that women don’t need the ERA. According to this perspective, U.S. women already have the Fourteenth Amendment to the Constitution and other laws, such as Title IX of the Education Amendments Act of 1972, to protect their civil rights. Others vehemently disagreed that the Fourteenth Amendment covers women’s rights, notably late U.S. Supreme Court Justice Antonin Scalia.

Current laws are inadequate to provide equal rights, say some scholars. Legal scholar and professor Catharine A. MacKinnon observed, “If we’re sexually assaulted if it isn’t within the scope of Title VII as it understands an employment relationship or Title IX in education, we don’t have any equality rights.” The ERA may help provide such rights. Given the current political climate, it is not surprising that the ERA has not passed. In fact, it seems amazing that Nevada and Illinois have ratified the ERA at all. Ideological impasses have prevented other types of political action in recent years. For instance, in 2016, members of the Republican Party refused to host hearings on whether Merrick Garland was suited to serve on the U.S. Supreme Court because Garland was a nominee of President Barack Obama, a member of the Democratic Party. Since the results of 2018 elections meant that the Democrats controlled the U.S. House of Representatives and the U.S. Senate remained in the hands of Republicans, will political deadlocks continue and possibly become even worse? Some people fear that the ERA would expand abortion and create other conditions less favorable to conservative values, so they may be loath to ratify the ERA on a state level or vote in favor of laws that extend the deadline for the ERA on a federal level. They should consider ratifying the ERA and extending its deadline. Measures such as the ERA provide legal protection.

With this legal protection, women would have the security of knowing that they have legal recourse to address any conflicts that arise. Even better, this protection may prevent conflicts from occurring in the first place. No document is perfect. But adding the Equal Rights Amendment to the U.S. Constitution provides rights, opportunities for growth and advancement, and peace of mind. Not bad for a mere twenty-four words.

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

 

The Experiences of Journalists in an Era of Crisis (Part II)

by Andy Carr

newspapers. Source: Renzo Borgatti, Creative Commons

From a human rights perspective, one key factor behind recent trends in American media might best be framed in terms of labor rights. Beneath the turmoil and headlines, a collective organizing and unionization effort at leading magazines and papers has emerged in recent years, including at Vox, The New Yorker, the Los Angeles Times, and others. Especially in media, focus has turned to the rising tide of labor unions – organizations which are formed by workers in the same sector (e.g., among journalists and related professions) to bargain collectively. Collective bargaining allows unionized workers to negotiate with a stronger hand; the more workers are included, the more their non-participation or, in extremis, walkouts, and strikes will affect their employer(s). Bargaining leads to a union contract which binds all employees and their employer (if approved by a pre-set threshold required) to baseline pay rates and other working conditions. In modern contexts, union contract conditions include working hours, overtime policies, paid leave and holidays, sick pay and health insurance, promotion qualifications and timelines, as well as equity and inclusion-oriented provisions, such as minority recruitment programs and diverse hiring initiatives. 

Journalist organizing movements follow in the footsteps of Depression-era unionizing efforts significantly set off by a call to action in the New York World-Telegram written by Heywood Broun, a famed columnist of the 1930s. The American Newspaper Guild subsequently exploded, and just “10 months after Broun’s first column, the Guild had 7,000 members, with 125 delegates from 70 papers” onboard. At the same time, as Steven Greenhouse explained in the Columbia Journalism Review last year, “many publishers [of the time] aggressively resisted unionization.” Famously, the Associated Press “fired a reporter, Morris Watson, for his pro-union activity,” leading to a lawsuit which reached the Supreme Court, Associated Press v. NLRB (1937). In that case, the Supreme Court “rejected the publishers’ arguments that their freedom of the press was being violated by federal laws” protecting unionization and collective bargaining, affirming the reach of the National Labor Relations Act of 1935 (NLRA). 

The NLRA remains a significant part of America’s federal law on employment and labor rights, and since its inception it has sought two broad aims: first, “to restore the equality of bargaining power” among workers and employers and, second, to “resolve the problem of depressed wages,” a ubiquitous concern in 1930s America (see Southern California Edison Co. v. Public Utilities Commission, 140 Cal. App. 4th 1085, 1100 (2006)). More than 80 years after its founding, however, the underlying goals of the NLRA remain widely unfulfilled, with nationwide union membership dropping year-over-year since at least 1983, and America’s journalists, in particular, have faced daunting challenges. To put it bluntly, journalists’ ongoing efforts to organize have met an organized, systemic response. 

Last May, Jones Day, one of the world’s largest law firms, held “a conference in its Manhattan office focused on labor and employment law in the news media industry,” an “invitation-only affair, bringing together Jones Day attorneys and media executives, in-house lawyers, and senior human resources personnel—in other words, anyone who might find themselves on the other side of a bargaining table from journalists trying to unionize.” Among the attendees were individuals from “The New York Times, The Washington Post, Slate, Univision, and Atlantic Media, among others,” and one of the “moderators leading the conference was Patricia Dunn, a longtime [Jones Day partner based in Washington, D.C.], and a former in-house counsel for the Post.” As CJR again summarized, Jones Day, 

“with Dunn often at the helm, has in recent years become a go-to for media executives facing union drives. At a time when uncertain market forces have driven more and more newsrooms to organize, Jones Day has become notorious for aggressive anti-union tactics that journalists and union leaders say have helped downgrade media union contracts and carve employee benefits to the bone. Jones Day’s portfolio of media outlets includes, among many others, Slate, whose union members voted [in December 2018] to authorize a strike amid pushback from management on their demands.”

These outlets hardly cover the range of past and ongoing union-busting efforts: New York magazine, Vox, the Boston Globe all have been accused of assertive anti-union tactics in the past few years. (Among these cases, however, Vox’s unionizing efforts recently succeeded in the dramatic form: on Friday, June 7, Vox Media staffers secured an industry-defining union contract after a 29-hour marathon negotiation. The contract set minimum salaries at $56,000, included generous leave policies for parents regardless of gender and included initiatives designed to improve diversity in management, among other provisions.) 

a room of journalists with laptops and cameras
Journalists. Source: UNClimateChange, Creative Commons

Even where writers and editors have had organizing success, their gains have proved temporary. As The New Yorker reported in November 2017, just one “week before [their] sites were shuttered, the staffs of DNAinfo and Gothamist had unionized with the Writers Guild of America, East,” one of two leading industry unions in America along with NewsGuild. DNAinfo and Gothamist comprised a network of locally oriented outlets in major cities, owned by billionaire Joe Ricketts, the founder of trillion-dollar “brokerage giant” TD Ameritrade and “a major right-wing donor who … has given millions of dollars to anti-labor politicians” across the United States. Former employees, speaking to The New Yorker, reported “that, in both coded and explicit ways, management had warned [staff] repeatedly in the months before they unionized that doing so would mean that the sites would cease to exist” – a seemingly clear instance of “threatening [unionizing] employees with closure,” in violation of federal law. 

Subverting workers’ collective organizing or their free association more broadly both constitute problematic strategies under international law, as well. The International Labor Organization (ILO), for instance, has spoken unequivocally on the fundamental right of workers to coordinate collective action, including rights to “freedom of association” and “the right to collective bargaining,” per the following excerpts:

ILO Declaration on Fundamental Principles and Rights at Work (June 1998), Perambulatory Dedication:

“Whereas, in seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that it enables the persons concerned, to claim freely and on the basis of equality of opportunity, their fair share of the wealth which they have helped to generate, and to achieve fully their human potential…”

ILO Fundamental Principles, operative clause (2) (emphasis added):

“Declares that all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely: 
(a) freedom of association and the effective recognition of the right to collective bargaining
(b) the elimination of all forms of forced or compulsory labour; 
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation…”

The UN Human Rights Council in 2008 also weighed in on corporations’ responsibilities vis-à-vis human rights, to include fundamental principles of labor rights. Although currently non-binding, the Guiding Principles on Business and Human Rights framework describes “business enterprises as specialized organs of society performing specialized functions,” but which also are “required to comply with all applicable laws and to respect human rights” (emphasis added). The Guiding Principles emerged in response to concerns about the nexus of human rights and transnational businesses specifically, yet are framed in generalized terms. Thus, the ongoing anti-organizing efforts of managers and owners in American media may constitute violations of not just domestic labor laws, but also an emerging corpus of international legal standards that might become binding rules in coming years. 

The foregoing issues merely scratch the surface. Strong-arm labor tactics often combine with the toxicity of online media culture generally and the lawsuit-begging misconduct of particular outlets. For example, a 2018 New York article on the culture at Vice Media cites a “senior manager [who] once joked that the company’s hiring strategy had a ’22 Rule’: ‘Hire 22-year-olds, pay them $22,000, and work them 22 hours a day.’” Vice, then, might provide a serviceable avatar for American media problems – a culture of toxicity, outright abuse, and constant uncertainty about reporters’ job security combined with increasingly “widely lauded” output, such as Vice’s work with HBO and a documentary which “offered one of the first looks inside the Islamic State,” from 2014. Vice, notably, has been embroiled in back-and-forth union negotiations since January 2018, prompting over “75 current and former writers for HBO” to sign a petition requesting Vice Media “sign a strong union contract.” 

With the enduring stalemate over unionizing efforts at BuzzFeed News and another round of layoffs in recent weeks—including the total elimination of Ebony’s online team, allegedly without pay for work already done, earlier in June—a complex push and pull continues. Media organizing successes and setbacks like that above highlight the urgency of needed protections. 

 

Postpartum Depression Needs Serious Attention

by Marie Miguel

a picture of a new mother and her sleeping newborn
Mother & newborn sleeping. Source: David J Laporte, Creative Commons

Maternity leave is necessary because it helps with postpartum depression 

In the United States, maternity leave is almost non-existent. New parents in the U.S. get an average of three months of maternity leave, and some only get the twelve unpaid weeks of leave that employers are now required to offer under the Family Medical Leave Act. https://www.dol.gov/general/topic/benefits-leave/fmla  Depending on where you work and how long you’ve worked for a company, you may not receive any paid maternity leave at all, which can cause a high level of stress for low-income parents and families. According to a study at the University of Maryland, longer maternity leave decreases the risk of postpartum depression. It’s suggested that this is because women can spend more time with their infants, and this is not surprising; if you don’t have the bonding time with your child that you need, it’s going to be depressing for you. You feel like you have to leave your child preemptively, and that’s not fair. Healthcare providers and policymakers need to think about how we can foster a more positive experience with maternity leave and help women get the care that they need. It’s essential that we think about maternity leave as being a preventative measure for postpartum depression.

Postpartum depression is serious

Postpartum depression is a severe mental health condition. Many women go undiagnosed with this mental illness because they unknowingly downplay their emotions to their mental health providers or general practitioners. Postpartum depression is a severe condition, and it needs immediate attention from a medical provider. It’s normal to be emotional after having a baby. But, there’s a difference between feeling down and having PPD. When you have a baby, it’s a huge life transition. You’re now responsible for taking care of a new life. Many moms have a difficult time with this change, and if you’re feeling overwhelmed, sad, or a variety of emotions after giving birth, that’s understandable. It’s when your feelings feel out of control that you need to worry whether or not you have Postpartum Depression. We’ll go over the symptoms of the condition, and you’ll see if you relate to them. 

Postpartum Depression is not the baby blues

Postpartum depression is not just “the baby blues,” which affects up to 80% of new mothers. Postpartum depression affects childbearing individuals more severely. When you have PPD, it makes it nearly impossible to function. You feel severely depressed, hopeless, and scared. When a baby is born, you can have extremely intense emotions as a mother, which are frequently caused by changes in your hormone levels. Hormones make your experiences feel more powerful than they would ordinarily.  You may be prone to crying or insomnia that occurs even after your baby is asleep, for example. Symptoms that can be considered part of the “baby blues” include mood swings, irritability, anxiety, and trouble sleeping. Postpartum depression, on the other hand, is a diagnosable disorder that exists as a potential side effect of giving birth. Unlike the baby blues, which is categorized by minor dips in mood, postpartum depression can be severely debilitating. Postpartum depression requires treatment, so if you have this condition or think that you might have it, don’t ignore it. 

Symptoms of postpartum depression

The symptoms of Postpartum depression leave a mother feeling like she can’t cope with everyday life. You may be wondering what they are. The signs and symptoms of postpartum depression include severe mood swings, depression or depressed mood, feeling overwhelmed, not being able to sleep, feeling hopeless, fearing that you aren’t a good mother, restlessness, severe anxiety, inability to focus or think clearly, feeling worthless, thoughts of death or suicide, and intrusive, disturbing thoughts of harming yourself or your baby.

Postpartum psychosis is another condition to look out for and seek treatment if you think you have it. With postpartum psychosis, you may experience excessive thoughts about the baby, hallucinations or delusions, excessive energy or agitation, paranoia, and self-harm. If you believe that yourself or a loved one is experiencing postpartum psychosis, it’s vital that you seek treatment immediately. 

What can we do as a society?

We need to take a stand as a society to help new mothers, and if we can prevent Postpartum depression, One of the things that we can do to help new mothers is to advocate for longer maternity leaves. Allowing new mothers to spend more time with their babies can prevent postpartum depression. In a society that’s so focused on productivity and getting back to work, one of the most important things that we can do to prevent postpartum depression is to push for employees to offer additional time for maternity leave. We want to spend time with our children; that’s only natural. If we’re not able to do that, of course, we’re more likely to experience postpartum depression, but it’s important to note that no new parent is immune to developing it. It’s nothing to be ashamed of, and it’s not your fault. Certain risk factors, such as family history or personal history of mood disorders, financial problems, unwanted pregnancy, and more, can increase a person’s likelihood of developing postpartum depression

Getting help for postpartum depression

If you feel that you may have postpartum depression or if you’ve been experiencing symptoms of postpartum depression for over two weeks, it’s essential to schedule an appointment to talk to your doctor. Treatment for postpartum depression most often includes medication, if you need it, and most importantly, therapy. You can choose to see a traditional therapist or work with online therapy. New mothers can have the added challenge of trying to get out of the house, making it hard to get mental health treatment. Online therapy provides a forum to get therapy in the privacy of your home. A new mother may not have the energy to get out of the house to go to therapy. Online therapy can be an excellent resource for new mothers to get mental health treatment, prevent PPD or treat it. You can see a counselor with your partner or has individual therapy. Whatever your preference, it’s essential to seek treatment for PPD.

 

Marie Miguel has been a writing and research expert for nearly a decade, covering a variety of health-related topics. Currently, she is contributing to the expansion and growth of a free online mental health resource with BetterHelp.com. With an interest and dedication to addressing stigmas associated with mental health, she continues to specifically target subjects related to anxiety and depression.