On Wednesday, February 13th, the Institute for Human Rights co-sponsored an event alongside UAB’s Department of English and the Jemison Visiting Professorship in the Humanities about the legacy of civil rights activist Reverend Charles Billups. The lecture was led by civil rights scholar Dr. Keith Miller (Arizona State University) then followed with a conversation from Billups’ daughter, Rene Billups Baker.
Charles Billups’ was a pastor at New Pilgrim Baptist Church in (Birmingham, Alabama) and one the founders of the Alabama Christian Movement for Human Rights (ACMHR), a faith-based organization addressing civil rights from 1956-1969. Members of ACMHR would meet every Monday night to coordinate boycotts and lawsuits relating to segregation. Billups was a friend of fellow ACMHR member and civil rights icon Reverend Fred Shuttlesworth and was the first person on the scene after Shuttlesworth’s house was bombed. Shuttlesworth would also be the one to drive Billups to the hospital after he was beaten by members of the Ku Klux Klan.
With the civil rights movement facing discouragement nationwide, Billups was chosen by the ACMHR to lead the 1963 Children’s Crusade in Birmingham because he attended all their strategy sessions. During the demonstration, local law enforcement warned demonstrators that if they were to not back down, they would turn the dogs and fire hoses loose. Matching their physical force with the soulful force of civil rights activism, Billups taunted these threats and, as fate would have it, firefighters refused to spray the demonstrators. As a result, the Children’s Crusade, and the larger Birmingham Campaign, become a model for non-violent direct-action protest and overall success for the civil rights movement.
The Salute to the Foot Soldiers (1995), Kelly Ingram Park, Birmingham, AL, USA. Source: Steve Minor, Creative Commons
As a result, this moment had arguably turned to the tide for the Civil Rights Movement, grabbing national attention from the New York Times and galvanizing organizers nationwide. The next year, President Lyndon B. Johnson signed the Civil Rights Act of 1964 which put a legal halt to racial discrimination in educational, employment, and public institutions. Years later, per Martin Luther King, Jr.’s request, Billups would move to Chicago, only to be murdered by an unknown gunman in November 1968; according to Baker, the police didn’t investigate her father’s murder.
After her father’s death, Baker claimed she was angry with the world as well as God; all Baker wanted back was her father. For years, she didn’t even like to murmur the words or discuss “civil rights”. However, through the years, she has learned to forgive and wants younger generations, such as her nieces, to know about her father’s pivotal role in the Civil Rights Movement. With a greater appreciation for her father’s perseverance and sacrifice, Baker closed by saying that he, MLK, Jr., and Shuttlesworth are all smiling down on her agreeing, “She’s alright now”.
Baker’s book, My Life with Charles Billups and Martin Luther King: Trauma and the Civil Rights Movement, can be purchased here.
2 tax return forms, a 2018 tax return form and 2017 tax return form, black glasses and a calculator. Source: DPP Business And Tax https://www.dpp-businesstax.com/, Creative Commons
For most adults in the United States, the year starts with the tax season. During this time, they have their tax returns prepared and filed and either pay any taxes they owe or receive a refund if they overpaid their taxes throughout the prior year. This year, the tax season began on January 28 and continues until April 15. There are a few different ways one can go about filing their tax return. One way is to purchase an IRS-approved tax preparation software, like TurboTax or TaxSlayer, and file their return on their own. One could also prepare their return manually, but the IRS prefers that people file electronically to decrease potential errors. The last method is to seek out the help of a professional through a commercial tax preparation organization or a non-profit one. Commercial organizations often take advantage of the low-income filers whose returns they prepare and who often qualify for the Earned Income Tax Credit, which results in a larger refund.
In order to increase their profit, they put a great deal of effort into publicizing their services in a way that overshadows the far less expensive, sometimes even free, methods of filing tax returns. Paul Weinstein, who co-authored a study on tax preparers with the Brookings Institution and the Progressive Policy Institute, suggests that most taxpayers could “have their taxes prepared for less than $100.” According to Weinstein, tax-filers spend an average of $275 on the preparation of their taxes during the filing season. The authors of the study found that individuals filing for the EITC spent $309 in Washington D.C. and $509 in Baltimore. This means that these individuals were spending between 13 and 21 percent of their return to cover the cost of tax-preparation.
There has also been evidence that suggests that individuals who qualify for the EITC and file through professional tax-preparers are more likely to have errors in their tax return than those who do not qualify for the EITC. According to an investigation by the Government Accountability Office in 2015, about 60% of all professionally prepared taxes had errors, while between 89% and 94% of filers who qualified for the EITC had errors in their professionally prepared taxes. This is a problem of significant concern, since people with low incomes are more likely to be audited by the IRS. For people who receive the EITC, this could result in their refund being withheld until the end of the auditing process.
Predatory tax-prep organizations may often go unnoticed, but many are recognized and forced to face the legal repercussions of their actions. For example, Laquinta Q. Fisher of Lawton, Oklahoma was found guilty of a tax fraud scheme on January 24, 2017. After lying to her clients and telling them that they could receive a refund for simply having a dependent child, she added fake income and fake dependents to their returns to increase their EIC. She “was sentenced to 18 months in prison, three years of supervised release, and ordered to pay $133,955 in restitution to the IRS…”
Earned income tax credit stock photo. Source: Simon Cunningham, Creative Commons
It is also possible that such an organization would have false credentials. Every tax preparer is legally required to have a Preparer Tax Identification Number (PTIN). The IRS has a directory of PTINs that can be used to look up a preparer with their name and location. The PTIN can tell you if the preparer is “a certified public accountant, enrolled agent or a lawyer.” It is also important to note that the directory does not prove that a preparer is qualified. It is also a red flag if an organization suggests that they are endorsed by the IRS, as the IRS does not endorse any tax preparers.
Another warning sign is if a preparer does their work in “temporary pop-up shops” that will be gone after the tax season ends. In that case, there is no office for you to go to if any problems arise with your tax return. It is a red flag if the preparer says that they will deposit you refunded into their bank account or asks you to sign a return that is incomplete.
Why IsThis A Human Rights Issue?
In addition to being ethically questionable, the actions of commercial organizations that prey on low-income households also have the potential to negatively impact people’s access to their human rights. For many people who are targeted by these organizations, every single dollar counts. Every penny of the tax refund they receive is used to pay for the necessities, like food, water, power, rent, and clothing. According to Article 25 of the United Nations’ Universal Declaration of Human Rights, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…” Many households rely on the refund they receive to access this right. It is important that we spread awareness of this issue so we can prevent as many people as possible from being exploited by tax-prep organizations and connect them with the resources they need.
Impact America: SaveFirst
Impact America, originally Impact Alabama, is a non-profit organization that was founded to develop “substantive service-learning and leadership development projects for college students and recent college graduates.”SaveFirst is one of Impact America’s programs, which provides free tax preparation services in communities which are often targeted by predatory tax-prep organizations. College students who volunteer with SaveFirst are trained and IRS certified to prepare tax returns. In 2018 alone, SaveFirst was able to prepare tax returns for 13,713 families and saved those families $5.5 million in fees. Since 2007, they have prepared returns for 76,867 families and saved them $26.2 million. The work done by Impact America helps to decrease the number of people that are being exploited by predatory organizations by giving them access to much better resources and services.
If you are interested in scheduling an appointment with SaveFirst at one of their many tax-prep locations, you can do so here.
Ferguson Solidarity Washington Ethical Society. Source: Johnny Silvercloud, Creative Commons
On Thanksgiving evening, while many of us were still enjoying or recovering from a day of family and feasting, Emantic Bradford Senior – who is currently battling cancer – was waiting for his son EJ to come help him with his chemo medicine. “He was my best friend,” Senior says, “and my nurse. He treated me like I was his kid.” As EJ got ready to leave his father’s house that night, Senior, as he always did, asked his son if he needed any money. EJ was on his way to join eager Black Friday shoppers at the Galleria in Hoover. Late that night, Senior’s stepson woke him up. “You talked to EJ?” he asked. “Not since he left the house,” Senior responded, rousing himself. He showed Senior his phone, opened to a video posted on Facebook depicting a chaotic scene at the Galleria, shoppers running and screaming in panic. At this point, the Hoover Police Department had released a statement that there had been an altercation at the shopping mall around 10:00 PM and that police had shot and killed the instigator as he fled the scene. We’re “very, very proud” of the response of our officers, the statement said, for “engaging the subject and taking out the threat.” It was 12:30 AM. Emantic Bradford Junior – EJ – had been dead for two and a half hours at this point, but this would not be confirmed to the family until the next morning. Seeing the social media reports, Senior immediately called the Hoover PD to ask if the police had killed his son. “We’ll call you back in 10 minutes,” they told him. Ten minutes went by, no phone call. Senior called back. Again, “Someone will have to call you back.” This went on for a while until Senior finally demanded to know if that was his son – lying lifeless and uncovered on the cold, white floor – in the photos on Facebook. “I’m sorry, sir, I can’t give you any information at this time. You’ll have to call the county.” In frustration and terror, Senior calls the county police – he is put on hold, transferred, put on hold again, until finally a man gets on the line and confirms that yes, EJ is dead. Several hours go by, and the Hoover PD releases another statement: we got the wrong guy.
EJ had been shot and killed by a police officer who wrongfully assumed that he was the person instigating violence at the mall that night. In the precious hours between the police department applauding the officer’s “heroic” actions for stopping a violent crime and admitting that EJ “very likely wasn’t the shooter,” EJ’s image was misconstrued and misrepresented in the news and on social media – at first, to fit the profile of a killer, and later, as someone who made some bad choices that resulted in his untimely death. There was a desperation to prove that this situation was different, that it was an isolated incident, and that it did not serve as an example of police brutality against people of color. A narrative about EJ’s life and the circumstances of his death was planted, one that justified the officer’s actions and placed the blame on EJ himself. And this is where we end up:
EJ had a gun.
Right…and Trayvon Martin was wearing a hoodie. Eric Garner was hustling cigarettes. How could we know that Tamir Rice was holding a plastic toy and not a real gun? And maybe the most egregious justification of all: Michael Brown “looked like a demon.” There is always some way to extract the wrongful killing of a black man by police officers from the systemic problem of police brutality. There is always something we can point to and say well, this had nothing to do with skin color and everything to do with…fill-in-the-blank.
But let’s be clear: EJ wasn’t shot because he was carrying a gun (which he was licensed to own and trained to use). EJ was not perceived as a “good guy with a gun.” EJ didn’t brandish a weapon in the sense of acting threateningly with it. He didn’t have to – he was the weapon. And the words of Claudia Rankine ring in our ears:
“Because white men can’t
Police their imagination
Black men are dying”
The unnamed officer didn’t regard EJ as a person in that moment but as a black man with a gun, which in his imagination and under Alabama law, justified three shots to the back, ending EJ’s life. But we can’t help but wonder – to appropriate Matthew McConaughey’s powerful line in A Time to Kill – what would have happened if EJ were white. Even mass shooters – who are nearly always white – are often apprehended by police officers without being harmed. When they do die, it’s usually because they take their own lives. For example, after he opened fire on unsuspecting worshipers at the Emanuel AME Church in Charleston, police chased Dylan Roof through two states before they caught him and took him to Burger King to get something to eat. Travis Reinking had a history of mental illness, had threatened violence multiple times, his many firearms had been confiscated – and then returned – before he walked into a Waffle House and shot four people. “He just didn’t seem like a violent person,” one coworker said of Reinking, joining with others who insisted that he was “intelligent and polite.” Reinking fled the scene, and officers chased him into the woods before he was apprehended unharmed. At a movie theater in Aurora, police mistook James Eagen Holmes for a fellow officer because of “the tactical clothing he was wearing.” In other words, he looked like them. But one look at EJ Bradford, and that was it. A black man holding a gun, standing near the victim…bang, bang, bang.
I imagine that police officer didn’t walk into that shopping mall that night intending to kill a black man. The nature of the situation forced him to make a snap judgement, and according to the official report, it took about three seconds to assess the situation, identify EJ as the target, and take him out. And it wasn’t until his family started demanding answers that they even questioned whether or not they had gotten the right guy. Ultimately, it was concluded that the officer “reasonably exercised his official powers, duties, or functions” when he fired those shots. And in a legal sense, it’s hard to argue with that. But we need some context here – there is a larger problem that must be addressed.
The lives of black people in the United States have been and continue to be conditioned and defined by violence – structural, institutionalized, everyday violence and brutal retaliation by the state and other groups against their demands to be seen and heard and regarded as human. Black bodies are weaponized in the popular imagination, associated with crime and danger, and the full participation of black people in society is subjugated by a collective consciousness that centralizes whiteness and systematically excludes people of color. The truth is that compared to white people, people of color are disproportionately killed by police officers in the United States. This is not because all white police officers are explicitly racist but because of where we hold space for black bodies in our broader cultural ethos. What gives police brutality its life force is the same thing that makes it harder for black people to buy houses, get into college and acquire health insurance. This refined yet insidious form of racism resides deep in our collective consciousness, and it engenders the unspoken but deeply felt sentiment that non-whites are threatening and dangerous, that we need the state to protect us from them.
And where does this come from? When slavery ended, the South (and eventually the rest of the country) adopted slightly more palatable systems of subjugation and discrimination against the newly freed citizenship. The preservation of the white male patriarchy depended on one thing – fear. As long as white people continued to be terrified of black people, white supremacy reigned unimpeded. Over time, laws ensuring civil rights and protections for people of color were slowly updated and selectively enforced. To be sure, these were victories. Progress, however, is not a zero-sum game. As overt ideals and expressions of racism were put asunder on paper, they didn’t go away. Instead, they burrowed down deep inside of our subconscious. On the surface, we developed new ways of explaining the unequal distribution of resources and power and opportunity without ever outwardly implicating skin pigmentation. We relegated black people to conditions of poverty, denied all but a few access to the middle class, and then blamed those left behind for bringing about their own woes. We associated violence in black communities not with poverty and lack of access but with blackness itself. We moved black bodies from the plantation to the prison system, once again denying them their freedom, but this time blaming them for it. Not all of them, of course, but enough to sustain the image and the fear.
Shop owners at the Galleria will tell you that there is a “black” side and a “white” side of the mall. Where do you think the police presence was concentrated that night? When it comes to spaces occupied by black bodies, the police force tends to emphasize the “force” over the policing. And yet…“You just don’t bring guns into a crowded mall,” the Hoover mayor admonished in his statement about the wrongful killing. How ironic. Okay, Mr. Mayor, tell that to the NRA. Better yet, if that’s such an obvious unspoken rule, try to make it a law in Alabama and see how far you get. At the very least, say what you mean: if you’re black, don’t carry a gun into a shopping mall. Because for people of color, certain constitutional rights must be qualified.
This is refined racism: when white people hear of the wrongful killing of a black man by police officers, we latch on to some element of the story that distracts us from the color of the victim’s skin and emphasizes some other factor that explains the officers’ actions. Rather than trying to understand what it means to be a black person in this country, to confront our own implicit biases and to acknowledge our complicity in upholding a racist social order, we look for something, anything, to assure ourselves that this was an isolated and unavoidable incident (at least on the part of the officer). In doing so, we sustain the devaluation of black bodies and black minds and justify the power of the state to marginalize people of color, to treat them as an inconvenience and to perceive them as a threat that needs to be neutralized by whatever means necessary. In situations like this, that is where our minds naturally go. We make our excuses, we qualify our apologies, we blame the victim. The story gets whitewashed. And just like that, Trayvon’s death, Philando Castille’s death, EJ’s death are their own faults.
So how do we change this reality? It is going to take more than providing courses to police officers on racial sensitivity and limiting the use of force. If we truly want to live in a world where the state treats people of all skin tones equally, white people must police their imaginations. We must actively work to decentralize whiteness, aggressively refute the narrative that people of color pose a threat to our society, and unequivocally demand that they be protected rather than forcibly policed. The political justice system won’t change until our collective consciousness changes, until we break ourselves of false equivalencies and false associations around blackness, until we recognize what the enduring legacy of slavery and centuries of subjugation and oppression have done to individuals and families and communities, until we give the black man a chance to be the good guy. We are all stakeholders in this process; if we’re going to move forward as a society, we have to do it together.
The Galleria reopened at six o’clock the next morning, as scheduled, because consumer capitalism can’t be bothered by the death of a black man. The Christmas shopping season went ahead full stride, while Emantic Bradford Senior was left to mourn the death of his son, to contend with his disease alone, to wallow in the pain of never again getting to hear his son call him ‘daddy.’ After two months of investigation, the Attorney General of Alabama ruled that the nameless officer who shot and killed EJ was “justified” in doing so. Under Alabama law, no crime was committed. But EJ’s mama, April Pipkins, leaves us with an important question: “If this happened to your child, would you still call it justice?”
This book review was originally published in the Vulcan Historical Review, Fall 2018.
Andrea J. Ritchie is a lawyer and activist. She writes Invisible No More “as an act of love, of mourning, of honoring, of commemoration, of liberation, as a contribution to our shared struggles, wrestling with the meanings of Blackness, privilege, solidarity, and co-struggling; of ‘survivor’ and ‘ally’” (5) for and from the community of which she is a member (11). The goal of Invisible No More is to establish recognition of the police brutality against women of color (us). She accomplishes this in several ways throughout this book. First, this book brings personal stories to the center and into focus by identifying the differences and commonalities among women of color. Second, it explores the various forms of police violence, as well as how race, gender, sexual orientation and ability to influence the action/expression of police violence. Third, it identifies patterns and paradigms within the controlling narratives which are rooted in colonialism, slavery, and structural violence. Lastly, it invites a discourse on aspects of the mass incarceration system previously invisible, including profiling and police brutality against women of color.
The book’s layout consists of eight chapters (2-9) that highlight various areas and interactions of police with women of color. Each chapter concludes with a resistance subsection wherein details of individual and collective resistance to the policing of gender takes a variety of forms at the local and national level (139). Ritchie bookends chapters 2-9 with chapter one, “Enduring Legacies” and chapter ten, “Resistance.” Within the pages, Ritchie questions the societal demand upon police for prevention of and response to violence while also challenging their contribution to the violence. Additionally, she ponders, “what would it mean to build structures and strategies beyond police that will produce genuine safety for women of color, especially in hostile terrain.” (18) She suggests that placing Black women and women of color at the center of the conversation shifts demands, analysis, and approaches (17).
Chapter 1 outlines the historical record of violence against women of color, inclusive of Indigenous women, by highlighting a portion of the controlling narratives. Colonization brought about the desecration and extermination of Indigenous identity and humanity. Sexual violence was a primary weapon. Ritchie introduces the concept of “the myth of absence” as a collective reductionist method. Employing the myth of absence allows for the normalization of invisibility under the guise of colonial establishment. This myth applies to both land and sea.
Masters of the enslaved utilized motherhood as an instrument of punishment under the oppressiveness of slavery. There was no shadow of law, so Black women became property, and with this new “label” came the disassociation their gendered status. This disassociation with womanhood dislodged the perception of femininity as well. “This system of constructed categorizations of Black women’s behavior and possibilities for existence persist to this present day… such narratives [mammy, Jezebel, subservience, tolerant, pain intolerant] inform police perceptions of what conduct is appropriate and permissible toward Black women.” (35)
The government positions immigrant women as a “control apparatus… for the regulation of sexual norms, identities and behaviors.” (37) This control functions as both a mode of discipline and a measurement of their suitability to contribute to the overall national identity (38). Stereotyped and prejudged, immigrants and queer/trans women extend beyond the normalized border standard of hetero, cis, white, etc. In other words, non-white women—whether with attitude, dress, and sexuality, size and skin tone—represent a deviation from the norm. To correct the “deviation,” a pattern of law enforcement arises to “structure and reinforce…perceptions” (41).
Chapters 2-9 describes the patterns of law enforcement applied to women of color. A summarization to the roots of the enforcement patterns comes from Arizona State University professor, Ersula Ore: “This entire thing has been about your lack of respect for me.” (58) The chapters expose how police, with impunity, make gender (for cis and/or queer/trans women) a sociopolitical site (139) of human rights abuses and violations as they view the bodies of girls and women of color as threats in public and private spaces (145). The gendered degradation and disposability of Black women (51-2) and the deep devaluation of motherhood and life for women of color (170) are merely two identifiable threads in the fabric of sexual violence within the police system (105).
Chapters 3 and 4 confirm that police brutality against women of color, includes minors and persons with disabilities. There is no escape from the profane overreaction of those “who make the rules up as they go along and often enforce them in deeply racialized ways” (75). In chapter 3, Ritchie builds upon the works of Monique W. Morris and bell hooks. They agree that schools—sites for the profound regulation and punishment of Black femininity– institute zero-tolerance policies and exact an “oppositional gaze” applicable disproportionally to girls of color, who are disrupting the peace or engaging in disorderly conduct by “having the audacity to demand to be treated with dignity” (73-8). Morris introduces age compression as a weapon in the arsenal that schools and law enforcement use against girls of color. Age compression is the inability to see children of color as children, because of this, they are handled and treated like adults of color (78). In chapter 4, with each incident involving police and women with a disability or mental health disorder, the women are either injured or killed. Thus, in both instances, the failure to respond appropriately due to the misapplication of stereotypes escalates but does not resolve situations.
Chapter 10 provides an extended culmination of the resistance subsections introduced in chapters 2-9. This chapter seeks to outline critical ways community activists and organizers, alongside survivors and the families of the victims, are turning violations into victories by piercing the bubble of silence. Ritchie repeats the underlying question of “what would freedom from fear look like for girls and women of color” while reminding the reader of the need to continually speak truth to power. Resistance, like violence, exists within the sociopolitical site of the body (139). Resistance draws those subjected to the margins by anti-police violence and feminist movements, back in and towards the center with the understanding that police are necessary for social order (205-7). However, the perpetuation of violence and the invisibility of that occurs during and after, can no longer remain in the shadows (206). Resistance reinstitutes the tradition of truth-telling through the reclaiming of bodies and humanity.
Two key strengths of this book are the inclusion of Ritchie’s personal experience and investment, and her purposeful build upon the works of Angela Y. Davis, Danielle McGuire, Beth Richie, Monique Morris, bell hooks, etc. By incorporating the works of other female activists/scholars who posit and bring a different angle to this issue, this book makes a significant contribution to recovering the missing female narrative within the mass incarceration canon and the US gender relations discourse. This is a huge plus for this book as “women of color” includes every non-white category and encompasses the fluidity of the gender/sexuality spectrum. Ritchie does not shy away from her critique of the embedded racial and gender bias within the American social system. Her frankness adds a crucial element to discussions on interracial relations and intra-racial relations.
Invisible No More: Police Violence Against Black Women and Women of Color is an off the beaten path collection of domestic violence and terror stories against humans being of color. It is difficult to read which, frankly, deserves a trigger warning. By reading this book, one begins to understand both the complexity and the root of Kaepernick’s protest, the demands of justice for women like Sandra Bland, Chikesia Clemons, and Deborah Danner, and the mindfulness of young girls like Naomi Wadler. It is a stark reminder that there is a notably, significant difference in the treatment of whites and non-whites by law enforcement, and if you are not outraged, you are not paying attention.
The ability to be rewarded for making meaningful contributions to society and to choose our own private residence are two facets of life many of us often take for granted. However, many individuals with a form of disability often encounter barriers during their journey locating work and housing. These barriers can arise from social isolation, discriminatory and / or inadequate governmental policies, economic hardship, or simply a lack of awareness of resources designed to aid persons with disabilities to find employment and housing. These material and immaterial barriers fall under the broad umbrella ofableism, defined here as “the intentional or unintentional discrimination or oppression of individuals with disabilities”. The following post explores four case studies surrounding the themes of housing and employment and how various cultures have either failed to address these needs or offered innovative solutions to persons with disabilities. Finally, for the purpose of this blog,disability is defined, in accordance with the Washington Group (2018), as “problems, such as impairment, activity limitation or participation restrictions that include the negative aspects of functioning” in the following six domains: (a) walking; (b) seeing; (c) hearing; (d) cognition; (e) self-care; and (f) communication. This blog post offers an anthropologically-informed context for to upcoming panel ‘Disability Rights, Employment, and Housing in a Cross-Cultural Perspective’at the Institute for Human Right’s Symposium on Disability Rights.
Disability Rights & Employment: South Africa
South Africa’s government of apartheid came to power in 1948 and institutionalized a cultural and political zeitgeist of xenophobia, discrimination, and violence towards the Other. Throughout apartheid’s hold on South Africa, systems of cultural and structural violence were erected both within social life and in bureaucratic policy. Apartheid is most infamous for its impact on racially-motivated violence; however, other forms of discrimination were enabled by apartheid policy and philosophy as well. Engelbrecht (2006) notes that education systems institutionalized apartheid policies in curricula development and inclusivity within schools. This specifically barred children with disabilities from actively participating in the education system, from primary through tertiary levels. Englebrecht (2006) contends children with disabilities were actively excluded from South African governmentally-controlled education systems. This means children with disabilities during the apartheid regime did not receive adequate preparation for entering into the workforce, thus placing these individuals at a low ‘tract’ and preventing them from seeking or acquiring meaningful employment. Englebrecht (2006) emphasizes that discriminatory and / or prejudicial national policies focused on one marginalized population (e.g. apartheid) often seep into the experiences of other marginalized populations as well. In short, government-sanctioned racist policies immobilized the disability community. To repress one group is to repress all groups.
The South African Human Rights Commission (SAHRC) was inaugurated in October of 1995, as mandated by the South African Constitution’s Human Rights Commission of 1994. The SAHRC is charged with monitoring, preventing violations of, and educating the public about human rights within the South African context. A specific function of the SAHRC is to examine how apartheid-era policies impacted South African civil society and how to eliminate the vestiges of structural violence still propagated by the former apartheid regime. The SAHRC provides further evidence supporting Engelbrecht’s (2006) theory that the repression of children with disabilities would negatively impact South African workforce. The SAHRC (2017) summarizes trends of disability employment, demonstrating that workforce equity (equally considering and making efforts to hire marginalized populations, such as the disability community) is nowhere near the South African Department of Labor’s goal of 7% by the year 2030. In 2017, workplace equity was still under 2%, with 8 in 10 persons with disabilities unable to find employment (SAHRC, 2017). A variety of reasons are given for this abysmally low number, including: lack of reasonable accommodation, inequality and discrimination, and a persistent inability to obtain a quality education. The ghost of apartheid, it seems, haunts the disability community within South Africa, preventing a vast majority of persons with disabilities from obtaining education, training, and gainful employment.
“Dublin – The Big Snow of 2010 – Along the Liffey” by William Murphy, Creative Commons
Disability Rights & Employment: Ireland
In 2017, the British Conservative government announced plans to cut the Employment and Support Allowance for persons with disabilities who were deemed ‘capable of preparing to return to work’ by 30£ / week (~$40 / week). The British government implemented this policy as a ‘motivational tool’ for persons with disabilities and as an austerity measure, despite the fact that previous disability allowances (akin to welfare or social security measures in the United States) left 1/3 of allowance recipients struggling to afford food. However, the ministers of Ireland, taking cue from their outraged constituents, have chosen a different path to empower persons with disabilities to find employment. Instead of the ‘pull yourself up by the bootstraps’ strategy of British Conservative MPs, Irish Minister for Social Protection Regina Doherty and Minister of State for People with Disabilities Finian McGrath have chosen to listen to persons with disabilities themselves to assess the best way to promote gainful employment within the disability community. In response to a 2017 policy brief Make Work Pay, Doherty, McGrath, and other policy-makers are distributing questionnaires to adults with disabilities and parents of young children with disabilities to assess the employment needs of the disability community (Clougherty, 2017). This approach to governance, one defined by inclusivity and direct participation of the disability community, shows promise in exploring the complicated relationship between disability and employment.
Of particular importance in the employment-disability nexus is accounting for an individual’s preference for work and her or his form of disability. The Irish ministers understand that low-functioning persons with disabilities will, for the entirety of their life, be simply unable to work. These individuals require assistance from the government thereby ensuring these persons are included in society and are able to participate in decisions regarding their lives and livelihoods. On the other hand, some individuals are temporarily disabled and do not require the same social security from governments. By asking for input from persons with disabilities themselves, the Irish policy-makers are better equipped to make educated, inclusive, and effective policies and programs aimed at insuring equitable and equal employment within the disability community.
“Al-Saraya al-Hamra Fortress, Tripoli” by David Stanley, Creative Commons
Disability Rights & Housing: Libya
The State of Libya, located at the Northern-most tip of Africa and bordered by the Mediterranean Sea, is in the midst of rebuilding civil society following the catastrophic Libyan Civil War of 2011. For over forty years, Muammar Gaddafi ruled over Libya, attempting to introduce a socialist regime and command economy to the Libyan State. During his reign, Gaddafi allegedly sought to implement a political philosophy of jamahiriya(جماهيرية), meaning “state of the masses” in Arabic – akin to ‘direct democracy’. Through this system, Gaddafi created the national General People’s Congress, whose directives (including any form of a Libyan Constitution) could be superseded by the Basic People’s Congress, municipally-led executive and legislative bodies. Hypothetically, this system placed most political power at the local level; however, Gaddafi’s actual dictatorial rule inverted the political equation. In the past half century, this political system (again, on paper) aimed to enshrine the rights of persons with disabilities through the passage of the 1981 “Law on Disabled People”, arranging for “government provision of housing, home care, education, prosthetic limbs and rehabilitation for people with disability in Libya” (Hamed el-Sahly & Cusick, 2016, p. 12). In political practice, Libyan persons with disabilities suffered major human rights violations, including lack of housing and home care, due to insufficient mechanisms of care and cultural taboos.
Although political and economic recovery may well be on the horizon for post-conflict Libya, cultural barriers prevent many Libyans with disabilities from securing independent and safe housing. In a comparative study, many Libyans express unfavorable attitudes towards persons with disabilities along three dimensions: (1) lower ratings of willingness to empower the disability community; (2) higher ratings of exclusion; and (3) lower ratings of similarity between disabled and non-disabled people (Benomir, Nicholson & Beail, 2016). Most pertinent to issues related to housing, Libyan participants scored high on the ‘need to shelter’ persons with disabilities – meaning intentionally secluding these individuals from broader society for fear of communal judgement and the social stigma attached to disability. Furthermore, efforts to facilitate the transition from being ‘sheltered’ (living with a family member) to an autonomous home life is seen as a problem ‘for and by’ the disability community – i.e., it is the responsibility of the disability community alone to solve social issues related to their situation in life (Cusick & Hamed el-Sahly, 2018). This demonstrates that governmental policies intending to enshrine disability rights are insufficient – societies themselves must be willing to tackle these issues head on.
“Grand Canyon Hopi House 0073” by Grand Canyon National Park, Creative Commons
Disability Rights & Housing: Native Americans
Persons with disabilities with another form of marginalized identity (e.g. members of an indigenous group) are placed at a heightened risk for social isolation / exclusion, for physical and mental health concerns, and having disability-related needs go unmet (US Department of Health & Human Services, 2017). Within American Indian / Alaska Native (AIAN) communities, this translates specifically into housing issues, as AIAN reservations already suffer from a lack of resources and infrastructural investment to provide for non-disabled AIAN individuals (US Department of Health & Human Services, 2017). An estimated 21 – 69% of homes on reservations are overcrowded and have serious physical deficiencies compared with 5.9% of non-reservation US homes nationally (US National Council on Disability, 2003). To address these intersecting concerns, the AIAN community, in tandem with the US government, have prepared and started implementing policy prescriptions to provide affordable, safe, and dignified housing to AIAN with disabilities.
Of primary concern in planning homes for persons with disabilities is utilizing principles of universal design – “guidelines for housing construction that would create a livable, marketable environment for everyone regardless of ability, age, or size” (US National Council on Disability, 2003, p. 94). Currently, the American Indian Disability Technical Assistance Center provides assessments of universal design within reservations and makes design prescriptions if the home in question is not fully accessible. Implementation of these prescriptions may fall to the American Indian Disability Legislation Project (AIDLP), a culturally-informed taskforce mandated to draft and pass legislation standardizing disability-related care (including autonomous and accessible housing) on Indian reservations (US Department of Health & Human Services, 2017). The AIDLP, in addition to ensuring reservations adhere to the Americans with Disabilities Act, acts as a cultural liaison between the disability community and AIAN community to ensure disability concerns are handled in a culturally-appropriate manner. Finally, the AIDLP and other AIAN-affiliated, disability-related advocacy groups ground their research and implementation efforts by tackling both material (e.g. physical accessibility) and immaterial (e.g. cultural stigma) barriers (US Department of Health & Human Services, 2017).
Towards a Global Culture of Disability Empowerment
The preceding case studies illustrate that disability rights, especially related to employment and housing, are high complicated issues. Historical events, such as apartheid and civil war, interact with governmental policies, such as austerity measures and indigenous sovereignty. Underlying each of these examples is the ‘culture’ surrounding disability – how peoples across the world value or stigmatize the experiences and perspectives of the disability community. In some cases, such as South Africa, systems of discrimination have erected structural barriers holding back people with disabilities, even though disability-related stigma may have lost its potency. In other cases, such as American Indian / Alaska Native communities, an additional marginalized identity may facilitate an even greater emphasis on seeking justice and equity for persons with disabilities. As local, national, and global disability movements aim to eliminate social exclusion and promote equality in life and livelihood, the myriad cultures of disability must be unpacked and explained. This post argues that moving towards a global cultural of disability empowerment is indeed possible. Once this culture of empowerment has been adopted, disability-related concerns, such as employment and housing, will be addressed and rectified across the globe.
Keep up with the latest announcements related to the upcoming Symposium on Disability Rights by following the IHR on Facebook, Twitter, and Instagram. And don’t forget to tag your Symposium-related posts with our event hashtag: #DisabilityRightsBHM
References
Benomis, A. M., Nicolson, R. I. & Beail, N. (2016). Attitudes towards people with intellectual disability in the UK and Libya: A cross-cultural comparison. Research in Developmental Disabilities, 2016, 1-9.
Clougherty, T. (2017). Make Work Pay: A New Agenda for Fairer Taxes. Cork, Ireland: Center for Policy Studies.
Cusick, A. & Hamed el-Sahly, R. M. (2018). People with disability are a medicalized minority: Findings of a scoping review. Scandinavian Journal of Disability Research, 20(1), 182-196.
Engelbrecht, P. (2006). The implementation of inclusive education in South Africa after ten years of democracy. European Journal of Psychology of Education, 21(3), 253-264.
Hamed el-Sahly, R. M. & Cusick, A. (2016). Rehabilitation services in Benghazi, Libya: An organizational case study. Middle East Journal of Family Medicine, 14(9), 11-18.
South African Human Rights Commission (2017). Research Brief of Disability and Equality in South Africa. Braamfontein, South Africa: South African Human Rights Commission.
US Department of Health & Human Services (2017). Emerging LTSS Issues in Indian Country: Disability and Housing. Spokane, WA: Kauffman & Associates, Incorporated.
US National Council on Disability (2003). Understanding Disabilities in American Indian & Alaska Native Communities. Washington, DC: National Council on Disability.
February is Black History Month. For the next few posts, I will review books by Black women who provide insight into the Black experience.
Source: Ajanet Rountree
Zora Neale Hurston (ZNH) was a cultural anthropologist. With her very being, Hurston occupied a space of protest of the normative within the field of anthropology as she traversed through society and academia as a Black woman from the South. The intersectionality of her life may remain lost on some; however, it is essential to understanding her as an ethnographer, folklorist, and local colorist. She studied under Franz Boas alongside Ruth Benedict and Margaret Mead, but there is often an exclusion of her work. When listing the cohort of the generations of anthropologists or ethnographers, ZNH is often not among those listed, as the categories for her work are The Harlem Renaissance, folklore, or African American literature. To Boas, ZNH was an anthropologist who, through the application of anthropological methods and techniques, gave insight into Black life in a way no White person could do. In this way, she achieves “racial vindication” and qualitative results through the application of anthropological methods like observation and participation, unstructured interviews, and ethnographic data collection.
Barracoonis the oral history of Cudjo Lewis—or Oluale Kossola–the only living African “cargo” of the slave ship, Clotilda. Kossola was not born into enslavement. He was sold and captured from Dahomey (presently Benin) and brought to Mobile Bay in Alabama. His testimony offers a completely new perspective and firsthand account of colonization. Hurston first reveals insight into her reflexive research on Kossola’s life and story in her autobiography, Dust Tracks on a Road. “One thing impressed me strongly…The white people had held my people in slavery here in America. But the inescapable fact that stuck in my craw, was: my people had sold me and the white people bought me. That did away with the folklore I had been brought up on. It was a sobering thought” (164-8). Employing her trademark of writing phonetically, ZNH allows Kossola to tell his story in his language and style, rarely interrupting his stream of consciousness. This methodology would later become known as emic ethnography. Spending three months in one-on-one interviews solely with Kossola, a Yoruba by birth and a resident of Affriky town, she learns about his life in Africa, his survival of the Middle Passage and enslavement, and his life as a ‘free’ man.
Oluale Kossola was a man to many, but to others, he was an exploit of their contrabanded flesh: “’the black ivory,’ ‘the coin of Africa,’ had no market value.” He and the other enslaved were “Africa’s ambassadors to the New World,” sold as “brisk trade” by the King of Dahomey (5-9). Although she refers to him by his American name, Cudjo, throughout the book, ZNH makes a point to state that upon her initial reunification with him, “I hailed him by his African name as I walked up to the steps of his porch.” As his eyes filled with joyful tears, he exclaimed,
“Oh Lor’, I know it you call my name. Nobody don’t callee me my name from cross de water but you. You always callee me Kossula, jus’ lak I in de Affica soil” (17).
By the time ZNH sits down with Cudjo, he is the only one left and finds himself surprised and moved that someone would want to learn about his life. Hurston writes that she told him that she wanted to know all about him, to which he responded:
“Thankee Jesus! Somebody come ast about Cudjo! I want tellee somebody who I is, so maybe dey go in the Afficky soil some day and callee my name and somebody dere say, ‘Yeah, I know Kossula.’ I want you everywhere you go to tell everybody whut Cudjo say, and how come I in Americky soil since de 1859 and never see my people no mo’. I can’t talkee plain, you unnerstand me, but I calls it word by word for you so it won’t be too crooked for you. My name, is not Cudjo Lewis. It Kossula. When I gittee in Americky soil, Mr. Jim Meaher he try callee my name, but it too long, you unnerstand me, so I say, ‘Well, I yo’ property?’ He say, ‘Yeah.’ Den I say, ‘You callee me Cudjo. Dat do.’ But in Affricky soil my mama she name me Kossula” (19-20).
barracoon. Source: Creative Commons
Kossola’s narrative differs from the account of Olaudah Equiano and the former slave narratives of Frederick Douglass, Harriet Jacobs, and Booker T. Washington. Additionally, it is unlike the ethnographic work of Eatonville, Florida as written about in Mules and Menand her most famous novel, Their Eyes Were Watching God. Scholars Natalie S. Robertson and Sylviane A. Diouf provide extensive supportive evidence about the 1927-28 anthropological research of ZNH, the Clotilda and the establishment of Africa town in Alabama in their respective books, The Slave Ship Clotilda and the Making of AfricaTown, USA and Dreams of Africa in Alabama. Although both books preceded Barracoon’s 2018 publication, they build upon the foundation laid and the way paved for by ZNH, even mentioning current residents of Africatown who met her during the visit. Robertson accurately identifies Kossula as a griot or native African storyteller, trusted to keep and share the stories of tribes over generations. There is “genius that is contained in oral tradition as chroniclers of phenomena and as vehicles for education in Africa…without dependency on written records. Because Cudjo hailed from West Africans who are masters of the spoken word, it was not difficult for him, even as a nonagenarian, to recall the circumstances that led to his capture and forced migration to Alabama” (9). As Diouf points out, slave and former slave narratives reveal what life was like during and after enslavement but the narrative of Clotilda survivors like Kossola “represents a unique group of people who grew up free, spent the majority of their years in bondage during the Civil War, and soon became free again.” Their perspectives also reveal the parts of African culture that adapted, sustained them and continued to unify them (4).
In her signature way, ZNH accomplishes several things with this book. First, she continually restores the humanity that enslavement and separation from Africa stripped away. With the one action of calling him by his African name, she imparted both his personal and cultural identity. By transcribing his narrative in his dialect, she maintains his character and dignity. Second, she allows Kossula to tell his story. Oral history and narrations are cultural and personal heritage. Kossula was the last survivor of the Clotilda; therefore, if ZNH had not traveled to Africatown when she did, this one-of-a-kind perspective might not have been told. Third, she does not gloss over or shy away from the brutality of colonization and the dehumanization that comes with the financial trading of human beings and comes to identify with him. As echoed in Dust Tracks, “Truth is a letter from courage” (31). Regardless of her role as an anthropologist and observer, she finds herself drawn in and experiencing his pain, tragedy, and joy. It is for these reasons that Boas concluded that the work of ZNH contributed to the “knowledge of the true inner life of the Negro” because she was not only a student of history but could “enter into the homely life of the southern Negro as one of them and was fully accepted” (xiii-xiv).
Hurston could have selected any group of people to study, anywhere in the U.S. or world, yet, she chose to return home and study the people she knew and the town she loved. In doing this, ZNH gave value and voice to the “inferior”—people who shared the same skin color and occupied the same category of within the social construction. She reflexively offers a distinct perspective on Blackness because she was Black and studied Black people to know herself more and to debunk the myths and stereotypes about who Black people were, how they arrived here, how they live and continue to live.
In the arid and ashen deserts of Xinjiang, the northwestern province of China, as many as 1 million Uyghurs have been detained in internment camps by the Chinese government for mandatory “re-education.” Scores of the compounds can be seen vividly from satellite images. Enclosed by concrete walls, barbed wire, and guard stations, they have the imposing sterility of prisons. Inside, the detainees, Uyghurs, and members of a few other ethnic groups who practice the Muslim faith, are forced to participate in a program of indoctrination, listening to lectures, singing songs that praise the Communist Party of China, and writing essays of “self-criticism.” They are also coerced into abandoning traditional practices tied to Islam: praying, growing a beard, wearing a headscarf, and abstaining from pork and alcohol.
The stated aim of the campaign is to eliminate extremism in a region that has been marked by unrest and separatist violence, to produce “transformation by education.” One revealing official document reviewed by Agence-France Press states that to produce this change, the centers must “break their lineage, break their roots, break their connections, and break their origins.” It’s clear that in Xinjiang, China has gone far beyond fighting separatism and works actively to erase a great cultural tradition for the purposes of political stability. The mass detention underway is a reflection of the Xi Jinping government, a nationalistic, hardline regime that often glorifies the practices of the Mao years. During the Cultural Revolution from 1966-1976, millions of youth from Chinese cities were sent to the countryside for “re-education.” The recent spate of mass detentions should come as no surprise.
Who are the Uyghurs in Xinjiang?
Xinjiang is a province in China that borders Kazakhstan, Kyrgyzstan, and Mongolia. China is dominated by the Han majority, which comprises over 90 percent of the population, but is also home to 55 ethnic minorities. About 10 million Muslim Uyghurs (and other Muslim minorities) live in the Xinjiang province. The Uyghurs, who feel a stronger kinship with the peoples of Central Asia than with the Han Chinese, speak a distinct Turkic language similar to Uzbek and practice a form of Sunni Islam. They have left a distinct mark on the history of Inner Asia, having ruled their own kingdom that stretched from Manchuria to the Caspian Sea in the eighth and ninth centuries but is now concentrated in Xinjiang. Since the Communist Party took over China in 1949, Xinjiang has been ruled by China as an “autonomous” region that is not truly autonomous. Freedoms and liberties for the Uyghurs have been curtailed heavily – the recent mass detentions are only a piece of the larger picture of repression that Uyghurs face.
Uyghurs are divided in opinion over their political autonomy. Some support remaining a distinct culture within the Xinjiang Autonomous Region or integrating into the Chinese system, while others call for becoming a separate state called “East Turkestan.” For China, Xinjiang is an important province, the biggest domestic producer of oil and gas that is also a critical logistics hub for the “Belt and Road Initiative,” an ambitious trillion dollar infrastructure plan meant to strengthen China’s global influence. China is also concerned that unrest in Xinjiang will spark unrest in other provinces such as Tibet, Inner Mongolia, and Taiwan.
The brutal measures toward the Muslims in Xinjiang are only one aspect of the broader repression levied against religious groups in China under Xi Jinping. The U.S. State Department has long designated China as a “particular country of concern” with regards to religious freedom. An authoritarian state that fears the rise of civil society, China has placed restrictions on all religious groups—from the Tibetan Buddhists to Christians to Falun Gong practitioners. Throughout the history of the PRC, the state has been monitoring the activities of major religious organizations and even banning groups such as the popular spiritual movement Falun Gong, which had gained approximately 70 million followers in China before it was declared illegal. On the Tibetan plateau, where there are six million adherents of Tibetan Buddhism and its exiled spiritual leader, the Dalai Lama, we see some of the most extreme measures. Paramilitary police patrol the streets to monitor the movements ethnic Tibetans, reinforced by a fleet of video cameras recording all events for review. The “grid management” system that Xinjiang now employs was tried and tested first in Tibet, where an army of community workers oversee sections of the city divided into “grids” to provide security officials with real-time data that could uncover the first signs of potential unrest.
Since Xi Jinping has consolidated power, the crackdown on religion has intensified. The uptick in repression has been especially visible for Protestant churches and quasi-Christian groups since 2016. Reports from Christians in China tell of an alarming increase in Bibles burned, churches demolished, and pastors detained. As Heritage Foundation fellow Olivia Enos explains, “I think that the Chinese government, like so many authoritarian governments around the world, recognizes that religion gives an alternative authority to the government and it requires the allegiance of the people to an authority that is, frankly, far higher than the government.”
Uyghur man. Source: Todenhoff, Creative Commons
A Police State Emerges in Xinjiang
Maintaining political stability in Xinjiang has been paramount for China, especially as discontent has flared up in recent years. As Xinjiang has developed economically since 1949, the government has encouraged the migration of Han Chinese into the region. Tensions have arisen as many Uyghurs resent discrimination by the government and the Han Chinese. Uyghurs have watched the higher paying jobs go to the ethnically Han Chinese while the Uyghur “minorities” have been given the labor-intensive jobs for lesser pay. Long-simmering tensions exploded in 2008 and 2009 when thousands of Uyghurs took to the streets to riot in Xinjiang over the unfair treatment by the government and the Han Chinese.
Blaming the 2008 and 2009 riots on Uyghur separatists, China has since implemented increasingly repressive policies to control the Uyghurs in Xinjiang under the guise of combating terrorism and extremism. Several Uyghur-led rebellions against the Chinese government have punctuated the history of Xinjiang, dating back to the early 1900s. During the Qing Dynasty, the imperial government’s attempt to assimilate the Uyghur people into China created antagonism between Uyghurs and the Chinese government that became a foundation of the newly formed Uyghur identity. Today, there also exist extreme separatist groups in Xinjiang with ties to global jihad, including the Turkestan Islamic Party, which took credit for a series of attacks in 2008. In one sense, it is easy to see why the current government of China would be vigilant about violence and ensuring that the Uyghurs never rise up again as they have in history. They fear that China will splinter if regional separatist movements gain traction and inspire each other. Yet China has gone far beyond fighting the perceived threat, now detaining innocent people and infringing on so many aspects of their daily lives.
The brutal repression of the Uyghurs expanded dramatically in 2016 with the installation of a new Party chief, Chen Quanguo, who has brought his experience quelling unrest as the former Party chief of Tibet. In 2017, Xinjiang’s security spending increased by more than 90 percent to $8.52 billion. Xinjiang is now a police state where the government intrudes into many aspects of people’s lives. According to one detailed report that summarizes the findings of numerous accounts in the media:
“Uyghurs have been banned from fasting during Ramadan, refusing to eat pork, refusing to wear shorts, refusing to watch state TV or listen to state radio, wearing burqas, having “abnormal” beards, performing traditional funeral rites, speaking to family members overseas, travelling overseas, and giving their children Islamic names such as Mohammad and Fatima.”
Chinese flags and Communist slogans have been installed in mosques.
“Convenience police stations” have been set up every 500 meters in the capital city of Urumqi
Local officials have been required to “live, eat, and study” with local families.
Volunteers are assigned households to monitor. They are charged with finding out what organizations people belong and “the sort of lives they lead” including their political opinions.
40,000 face-recognition cameras have been installed to track Uyghurs
All drivers in Xinjiang have been required to install GPS trackers in their cars that will monitor their movements
Police have taken voice samples, DNA samples, fingerprints, and iris scans.
Uyghurs are regularly required to have their ID cards checked doing typical activities in a day such as traveling and filling up gas.
Perhaps the most drastic measures have been the mass detentions. Uyghurs who have committed no crime other than practicing their religion – activities such as reading an Islamic verse at a funeral or making a pilgrimage to Mecca – have been arbitrarily detained in Xinjiang. As former detainees tell their stories, the world has gotten a sense of what takes place inside of the camps. It’s not the sunny “vocational education” that Chinese officials and state television have propagated. Part of the detention involves education: former detainees have described being taught daily lessons in Pinyin, the Romanized system of Chinese. Other lessons are less innocuous—songs praising Xi Jinping, curriculum about the hero Lei Feng to inspire devotion to communism. Detainees have reported being forced to recite “126 lies” about religion. “Religion is opium, religion is bad, you must believe in no religion, you must believe in the Communist Party,” one former detainee remembers.
The use of force is not uncommon in the camps. Official documents obtained about the camps include a procurement order for 2,768 police batons, 550 electric cattle prods, 1,367 pairs of handcuffs, and 2,792 cans of pepper spray. Another detainee has told the BBC that they were forced to wake before sunrise every morning for mandatory runs. Those who didn’t run fast enough were beaten and kicked by guards. More beatings were in store for detainees who couldn’t recite correctly the laws they were forced to memorize. In one case, an ethnically Kazakh man who had been detained revealed to NPR that he had been tortured for resisting the orders of a guard to make his bed and throwing the mattress at the guard—though he was the only one at his camp to actually be tortured rather than just threatened. He’d been forced to wear a suit made of metal weighing over 50 lbs that stretched out his limbs and caused him immense pain in his back. “They made people wear this thing to break their spirits,” he told NPR. “After 12 hours, I became so soft, quiet and lawful.”
The humanitarian crisis against Muslims in Xinjiang can hold lessons for the United States as well, especially with regards to the recent travel ban against five Muslim majority countries. In the name of national security, China has swept a broad swath of society into one vilified category and carried out massive human rights violations against their own citizens on the basis of faith. China doesn’t honor religious freedom or the rights of minorities. To the Chinese government, there is no sense that these rights should be protected when larger objectives are at stake. These protections, however, are a defining characteristic of the United States as a democracy. In the words of the Declaration of Independence, all men are created equal. Honoring the fundamental rights of one group means honoring the rights of all. It ensures that there will be no “tyranny of the majority.” While the travel ban does not compare to the vast violation of civil liberties in China, it undermines the spirit of democracy and contributes to the widespread prejudice and discrimination against people of religious faith in America.
Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.
Laws and policies not only reflect policy-makers’ knowledge about cultural norms but laws and policies also actively shape our cultural norms as well (Benabou & Tirole, 2011). Inclusive laws and policies may negate the reinforcement of discrimination of marginalized groups by changing attitudes towards said groups over time. This is especially true of the disability community. Prior to the enactment of inclusive policies, persons with disabilities could be legally and explicitly discriminated against in the fields of education, medicine, and employment. Persons with disabilities still face discrimination, but the following laws make strides toward shaping the United States into a more inclusive for persons with disabilities, and these laws have played a key role in shaping cultural norms regarding these issues.
The Rehabilitation Act was the first piece of civil rights legislation to explicitly identify the rights of persons with disabilities and outlaws the discrimination on the basis of disability in Federally-funded programs. This includes barring programs conducted by Federal agencies, programs receiving Federal financial assistance, and Federal employment from discriminating against persons with disabilities.
The Rehabilitation Act also:
Defines persons with disabilities as those who have a physical or mental impairment that limits a major life activity, such as walking, seeing, hearing, speaking, learning, or working.
‘appropriate education’ is defined in this context as education that meets the unique educational needs of a student.
Requires parents must be notified if their children are tested for learning difficulties, are identified as having a disability, or placed into special education programs. Parents are also given the option to object to their child’s evaluation results through a formal, impartial hearing.
Mandates students with disabilities should be educated with their non-disabled peers when appropriate.
The Individuals with Disabilities Education Act (IDEA)
The IDEA requires children with disabilities receive a free and appropriate education in the least restrictive environment appropriate to their individual needs and provides financial incentives for public education institutions complying with federal disability laws. IDEA also requires the implementation of Individualized Education Programs (IEP’s) for each child. These programs are developed by a team of individuals knowledgeable about the child’s situation (typically the child’s teacher, the parents, the child, and oftentimes an agency representative who is qualified to provide special education) and are required to be reviewed annually.
The Individuals with Disabilities Education Act also:
Protects children (up to age 21) deemed eligible for special education services.
Allocates funds assisting states and other education agencies to meet special education requirements.
Requires children in special education programs have a written IEP.
Scales of Justice, Creative Commons
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications and also applies to the United States Congress.
The Americans with Disabilities Act also:
Prohibits explicit discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment and restricts questions that can be asked about an applicant’s disability before a job offer is made for employers who possess more than 15 employees.
Requires employers “make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship”(29 CFR Parts 1630, 1602 (Title I, EEOC)).
Requires state and local governments follow specific architectural guidelines in the new construction and alteration of their buildings.
Provides a telephone hotline if disability-related complaints need to be filed. These complaints are filed with the Department of Justice, who may provide mediation programs if necessary.
Requires all public transportation services (such as city buses and public rail transit) are fully accessible.
Requires common carriers establish interstate and intrastate telecommunication relay services 24 hours a day, 7 days a week.
Requires closed captioning of federally-funded public service announcements.
The Convention on the Rights of Persons with Disabilities (CRPD)
The CRPD and its Optional Protocol were adopted by the United Nations in 2006. With 82 signatories to the Convention, 44 signatories to the Optional Protocol, and 1 ratification to the Convention, the CRPD has the highest number of signatories in history to a United Nations Convention. It is also the first legally binding, international treaty protecting the rights of persons with disabilities. The CRPD is the first human rights treaty of the 21st century and is the first to allow both regional economic integration organizations and civil society are parties to negotiations of a Convention. The UN defines the CRPD as “a human rights instrument with an explicit, social development“. This document reaffirms persons with disabilities (not restricted to physical and/or visible disabilities) must enjoy all fundamental freedoms and human rights.
The Convention on the Rights of Persons with Disabilities also:
Is the fastest growing treaty in the history of the UN.
Embraces a human rights-based approach (HRBA) of disability. HRBA shifted the approach to disability from “objects” of charity, social protection, and medical treatment towards a doctrine of human rights, envisioning persons with disabilities should make their own decisions about life, the future, and claim rights on their own behalf.
Defines disability as an evolving and open concept.
Encourages the participation of civil society, particularly persons with disabilities and their related organizations. This follows the Convention’s slogan, “Nothing about us without us.”
Protects persons with disabilities from direct and indirect discrimination and provides reporting mechanisms if a person’s rights are violated within the context of the CRPD.
There are more than 1 billion people in the world are currently living with a disability; about 59.7 million of them live within the United States. Batavia (2001) asserts civil rights legislation, such as those aforementioned, open doors for persons with disabilities that were otherwise sealed shut while also normalizing persons with disabilities in the workplace and beyond. It is apparent that such legislation has moved the United States and the world toward a more inclusive and accessible world, but there is still work to be done. Batavia (2001) points out less than 20% of complaints filed under the ADA end up ruling in favor of the defendant. This is the typical average for complaints filed under anti-discrimination laws in the United States; however, Batavia also argues the percentage for the ADA specifically should be much higher due to the uniqueness of each individual disability and necessary accommodations for them. Society oftentimes reinforces views of persons with disabilities as a ‘burden’ or ‘incapable’; one way to break these negative stigmatizations is via policy and respecting those policies as citizens.
If laws are changed, then public opinion toward a particular subject may change along with it. However, this change takes time; when sodomy was decriminalized in the United States in the 1950s, public opinion on same-sex and other queer couples began to shift. The shift over time pressured the Supreme Court to rule in favor of Queer Rights when same-sex couples gained the right to marry in 2015. The LGBTQ+ community still faces many obstacles today, but they are substantially less than those faced before favorable legislation was passed. Without a tireless effort, laws such as the ADA or the CRPD may have taken a much longer time to manifest. These efforts must continue in order to eradicate the stigma surrounding persons with disabilities.
References:
Batavia, Andrew I., and Kay Schriner. “The Americans with Disabilities Act as Engine of Social
Change: Models of Disability and the Potential of a Civil Rights Approach.” Policy
Studies Journal 29.4 (2001): 690-702.
Benabou, Roland, and Jean Tirole. Laws and Norms. No. w17579. National Bureau of
Economic Research, 2011.
Keep up with the latest announcements related to the upcoming Symposium on Disability Rights by following the IHR on Facebook, Twitter, and Instagram.
Myself signing for my sorority in front of a section of member nation flags on our last day at the United Nations.
“The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” When I was hired by the UAB Institute for Human Rights, I never dreamed that we would take the trip to the United Nations for the 10th Convention of States Parties on the Convention on the Rights of Persons with Disabilities. Visiting the United Nations has always been a dream for me, but being able to take part in an international effort to promote disability rights was an unbelievable opportunity to me personally.
Disability has always intersected my life. My sister and I were born with Ehlers-Danlos Syndrome, which is basically a fancy way of saying that all the connective tissue in our bodies are about as stable as a limp noodle. Because of EDS, chronic pain is just a part of my life. I am unable to run, walk, or jump without a joint in my body threatening to dislocate. I suffer from sleep disorders and chronic fatigue along with a host of gastrointestinal issues. It also affects my heart and my autonomic nervous system; I tend to feel like a walking time bomb of anxiety, heart palpitations, and general malaise all wrapped up in a spaghetti-based body. I have lived my whole life without complaining for the most part. Most people in my life don’t know the extent of my disability, or even about it at all. I keep my pain hidden because I do not want anyone’s pity. I continue physically far beyond what my body’s real limits are because I do not want people to think I am lazy or helpless. It takes too much time to explain my disability to everyone I meet, so I deal with my pain with a smile on my face. This is the reality that most people with disabilities face—a life of “oh, I’m so sorry for you!” when they learn of your disability and “why can’t you do this?” when they do not understand your limits. My struggle as a woman with a disability is the reason why the Convention meant so much to me. Before the Convention, I had never in my life been around more than two people with disabilities or ever felt like anyone truly understood what I was going through. Seeing so many other people with disabilities raising their voices, sharing their pain and suffering, and demanding change gave me hope that one day I will no longer feel like I need to hide my disability.
Photo of the team at lunch at the United Nations.
I have always known that having a disability does not mean you cannot be strong and independent. Not being able to walk for long periods does not make me lazy, and my joint instability does not make me weak. I know these things, but sometimes the able-bodied world undermines these beliefs and makes me feel like I will never be good enough. The champions of disability rights who I met gave me such courage to fight those fears. The utter strength and bravery of these people were so encouraging to someone like me. I could see myself in Daniela Bas, the head of DESA and wheelchair user. Ms. Bas has managed to overcome so many obstacles as a woman with a disability yet constantly dazzles people with her charismatic personality and fierce intellect. Ms. Bas gave her knowledge on the importance of international cooperation in dismantling the cross-cutting barriers faced by women with disabilities. Her policy-based approach and political science background gave me hope that one day I could follow in her footsteps. Ms. Mia Farah, of the Lebanese Association for Self-Advocacy, gave me such encouragement from her passion, skills, and independence as a woman with Down Syndrome. Ms. Farah organized one of the most enjoyable and successful side events I attended, despite the challenges that her intellectual disability can bring. Her story of her successes resonated with me because I have always feared my limitations. Mia Farah showed me that limitations that others place on you because of your disability don’t have to define you.
I not only found inspiration during my time at the UN but a wealth of new knowledge as well. Every individual gave new insight on disability rights that I had never considered before. Natalie Draisin spoke on road safety for women and girls with disabilities, and how unsafe roads and transportation can be fatal—an important issue that many ignore when discussing disability rights. I was touched by the story of Flavia Cintra, a Brazilian journalist, whose doctor told her to abort because he believed that tetraplegics should never have children. Ms. Cintra shared how Brazilian mothers with disabilities often lose custody of their children and have their reproductive rights stolen from them through deceptive paperwork. Some wedding officiators even refuse to marry people paralyzed below the waist because they are believed to be unable to bear children. I never knew any of these issues before speaking with Ms. Cintra. As a reproductive rights activist, Ms. Cintra’s story made me understand the importance of including people with disabilities in our activism. All of the stories and experiences that were shared with me hit deeply and gave me such insight into international policies on disability rights.
Audience view during the side event by IHR and IDPPS teams’ “Making Disability Rights Real: Implementing the CRPD through Regional Cooperation with Lessons Learned from ASEAN.”
The global environment for people with disabilities is harsh, whether one is in Brooklyn, Bogota, or Bangkok. All over the world, people with disabilities deal with compound discrimination, lack of adequate healthcare, limited access to resources, sexual abuse and assault, and the negation of their independence. Having this opportunity to partake in the implementation of policies on disability rights was genuinely life changing. Viewing the inner workings of the United Nations made me realize that I wanted to make a career in the international nonprofit organizations that work with the UN to effect change. It was incredible to see people from so many different places, all speaking in different languages. I could be listening to a speaker in Chinese, and put on a headset to have it translated live into French, Russian, English, and several more. Watching the sign language interpreters onstage during meetings was so thrilling— not only was it beautiful to watch, it also was critical in making the events accessible to the deaf and hard of hearing. These events made me realize how necessary sign language is to have a successful career in advocacy, because the inclusion of nonverbal people is vital. I will always look back on this trip to the United Nations as the moment when I found my calling. As I have always tried to ignore my disability, I had never realized until now how central disability rights are to my life. Being around such fearless role models brought to life a passion to fight for the rights of women and girls with disabilities around the world.
Communication Internet, by Pixabay, Creative Commons
In the early history of democracies, political voting was inherently simple: it was the communication of approval or disapproval of policies, platforms, and so on. Dissention was normal, but the partisan politics we are familiar with today were almost nonexistent. Issues that one politician had with another’s proposal were addressed in a direct, timely manner. In terms of the general public, everyone was essentially getting the same information via the same means – the printed press. This meant everyone was getting the same information at the same time; there may have been differences in interpretations, but everyone was reading the same headline as their neighbor. Today, we have thousands of media vying for our attention on many topics, especially politics. Whether from CNN, MSNBC, NPR, or Fox News, we are bombarded with information on Facebook, Twitter, Instagram, and other social media.
So, how did we abruptly shift from getting news from the same medium to getting news from every angle? The answer is simple: The Internet. The Internet completely transformed how we receive and access all media of information, including political information; politicians can directly speak to voters who then participate in the political arena without leaving their home. Technological advancements in communication play an important role in influencing electoral behavior, easing the accessibility of political information. The Internet makes it easier to find out a candidate’s platform, what they want to work for, and their history. By using the internet in this way, people are engaging in what is now known as “digital citizenship.” A “digital citizen” is one who engages in democratic affairs in conventional ways by using an unconventional medium such as their laptop or smartphone.
The media’s role in elections and politics has grown exponentially since the 1960s. Prior to television, presidential candidates relied on the radio, think of President Franklin D. Roosevelt’s fireside chats, and other interpersonal means to communicate with voters: caucuses, party conventions, town halls, and so on. As technology progressed and television became widely accessible, reliance on interpersonal connections diminished and reliance upon the media grew. Power transitioned from party leaders and bosses to the candidates – as they were able to take control of their campaign, so long as their actions were worthy enough to make headlines. This transfer of power once benefitted only the candidates; however, now the power resides with the media: for they decide what suits their audiences, and who America sees.
This transfer of power greatly impacts our political processes. When politicians are their own bosses, they are able to disregard societal “norms” and use populist rhetoric to enhance their performance in the political realm. Kellener asserts President Trump is the “master of media spectacle”; using populism to make headlines and instill fear into voters more susceptible to fear- and anger-based messaging, he was able to “use the disturbing underside of American politics to mobilize his supporters”.
Online Internet Icon, Pixaby, Creative Commons
The Good
ISTE.org layers the ‘digital’ components onto the definition of a conventional good citizen:
A good citizen…
A good digital citizen…
Advocates for equal human rights for all
Advocates for equal digital rights for all
Treats others with respect
Seeks to understand all perspectives
Does not steal or damage others’ property
Respects digital privacy, intellectual property, and other rights of people online
Communicates clearly, respectfully, and with empathy
Communicates and acts with empathy for others’ humanity via digital channels
Speaks honestly and does not repeat unsubstantiated rumors
Applies critical thinking to all online sources, including fake news or advertisements
Works to make the world a better place
Leverages technology to advocate for and advance social causes
Protects self and others from harm
Is mindful of physical, emotional, and mental health while using digital tools
Teams up with others on community projects
Leverages digital tools to collaborate with others
Projects a positive self-image
Understands the permanence of the digital world and proactively manages digital identity
All of the characteristics of a “good digital citizen” may be applied to participating in democracy via the Internet. If everyone had access to the internet, more people would be able to register to vote as well as discussing and engaging in the political arena. If we seek to understand more perspectives, we could combat the political “bubbles” that we either choose to live in or are placed into by Facebook filtering your newsfeed depending on your online habits. If we used technology to advocate for social causes such as voter disenfranchisement, we could get more people engaged with our democracy.
Being a “good” digital citizen transcends holding personal values – it includes the pursuit of equality for all. We are lucky enough to live in a country where digital citizenship is accessible for most, but we are doing no justice by those who cannot access it by not utilizing this new form of citizenship.
The Bad
The era of digital citizenship is a result of the rapid spread in access to the Internet. If you have access to the Internet in America, you have the opportunity to register to vote (given that you meet the proper requirements set by your state), to research political platforms and to engage with others to discuss politics. Political participation (not exclusive to voting) has increased – people are engaging more in more discussions on every form of media; however, these discussions may not always be beneficial or productive. Kurst says, due to our emotionally charged atmosphere in the US, it is very easy (and very typical) for conversations surrounding politics escalate to attacks on opposing values. It is easy to rely strictly on what you are told from your favorite news source or directly from a politician and regurgitate the rhetoric, but it is vital to our unity as a society to fact check your information, and respectfully listen to the “other side.”
In today’s political climate, virtually everything is politicized – including our social media. We live in our “red bubbles” or “blue bubbles” and disassociate from anyone who may be on the other side. Thompson argues this is normal; we seek homogeneity in our marriages, workplaces, neighborhoods, and peer groups. However, when it comes to politics and the Internet, we are allowed to pretend like those without similar interests do not exist. When we ostracize a group of people and those people feel as though they are not being represented, we see members of the Republican party proclaiming they are the “silent majority,” which was a galvanizing force behind their voter turnout in 2016. By devaluing another side’s beliefs, we are dehumanizing those who hold them. This causes anger, frustration, and retaliation – all of which that may take place in the digital or physical realms. We cannot abandon our fellow Americans simply because we disagree; we have to realize the differences we have are much less than the commonalities we share.
The polarization of the two parties in America today discredits many media outlets. 47% of conservatives said they get their news exclusively from Fox News; while liberals get theirs from a more diverse set of news. Conservatives and liberals alike see anything that does not reflect their values as “biased”, in fact, members of society gravitate to information that reaffirms their beliefs and intentionally avoid information that contradicts said beliefs, according to Drs. Rouhana and Bar-Tal. This creates a biased interpretation of the news – information that is consistent with already-held beliefs are interpreted as fact and support for whichever side of the argument the reader/viewer ascribes to. As a result, Americans question the validity of news sources that contradict that of their personal beliefs. The crossroads of political polarization and declining trust in our media outlets is where fake news exists. Truth has become a relative term and is often manipulated by an ideology, not fact.
How can we fix the political polarization tearing at the social fabric of American society? Establishing trust “across the aisle” seems like a hopeless cause in today’s America. When asked how to “pop” the political bubbles we live in, Gerson claims, “[the] cause is not hopeless, because the power of words to shape the human spirit is undeniable. These can be words that belittle, diminish and deceive. Or they can ring down the ages about human dignity. They can also allow us, for a moment, to enter the experiences of others and widen, just a bit, the aperture of our understanding. On the success of this calling much else depends.” The solution to diminishing this polarization is to listen – listen and realize the other person you are disagreeing with possess the same humanity you do, and this humanity should be respected.
Using the Internet, citizens are easily mobilized on issues that concern them, whether domestic or international. They are able to pressure politicians to take actions against human rights violations and assist organizations doing field work where an injustice is present. For example, we are able to donate financially to the organizations making an effort to abolish the attacks on the LGBTQ+ community currently taking place in Chechnya, Russia. By being aware of it and all the other injustices taking place, we are able to assist in the resistance and make a difference in a way we could not have 10 years ago thanks to the Internet.
There are those who choose to not engage in politics in any shape or form, and there are those who use the Internet exclusively for political reasons. Wherever you fall within that spectrum, it is easy to agree that the polarization we have in America today is an issue that needs proper attention. It starts at the individual level: listening to what others who are different have to say, diversifying your news sources, and being open to disagreement. We must break out of our “bubbles” and not allow the influence of the Internet to shape our values for us.
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