The Sheer Violation of Human Rights in Kashmir

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

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

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

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

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

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

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

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

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

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

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

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

Honoring Our Responsibilities to People and Other Animals

by Pamela Zuber (student guest blogger)

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

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

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

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

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

What about the rights of pet owners?

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

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

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

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

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

What about the rights of others?

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

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

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

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

How do we prevent such tragedies?

Mean-looking dog
Image: Pixabay

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

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

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

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

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

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

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

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

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

Collective Guilt and Responsibility

by Marie Miguel

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

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

Syria and collective guilt 

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

The Holocaust 

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

Studies about collective guilt 

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

Vulnerable groups and collective guilt

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

What can we do to change collective guilt?

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

Letting go of guilt

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

 

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

Clarion Call on the on-going Anglophone violent conflict in Cameroon

Some Victims of the On-going Anglophone Crisis in Cameroon

Photo by the Cameroon Humanitarian Relief Initiative

 

Cameroon has always been known as a nation of peace and tranquility ever since she gained her independence on the 1st of January 1960. Despite being surrounded by nations constantly faced with internal conflicts and wars, it remained steadfast in being a violent and conflict-free nation. She is located in the western part of Africa and shares territorial borders with a host of other nations such as Chad on the northeast, the Central African Republic on the east, Equatorial Guinea, the Republic of Congo and Gabon on the south, and Nigeria on the west. The nation currently officially known as the Republic of Cameroon is bilingual, with English and French as its official languages. Historically, there was a federal and then, a “united” republic of Cameroon that had seven provinces, two of which are Anglophones and the others, Francophones, before their expansion to form eight provinces, resulting in the current ten provinces within the country. Then in 2008, the use of “provinces” as a form of territorial breakdown was abolished and replaced with “regions”. Even though French Cameroon now Republic of Cameroon gained her independence in 1960, and returned to independence of British Cameroon by either joining Nigeria (Northern British Cameroon), or independent French Cameroon (Southern British Cameroon), the South- and North-West regions consisting of  Anglophones who are the minorities, are being subjected to a series of socioeconomic and political marginalization and discrimination from their Francophone counterparts, despite a binding and official referendum joining both regions as a political unit in 1972, a violation of the 1961 agreement that brought about the federal republic.

Over the years, there have been several cases and reports of bias, unequal treatment and unconstitutional actions against the Anglophones while their counterparts enjoy a smooth and successful relationship with the central government in terms of better developmental structures and platforms, enormous representation and control of major sectors in the government. Another major area of concern is the rigid educational and justice system, mostly controlled by and privileged to French speakers due to their dominance. There has been a long case of marginalization in the nation, one of which includes the prominent case of Fon Godji Dinka (a report by the Council on Foreign Relations), an Anglophone lawyer and the first president of the Cameroon Bar Association. He was arrested and imprisoned in 1985 by the then and current president of Cameroon, President Paul Biya for rebuking the actions of the government and terming it unconstitutional. Fon Godji Dinka believed the government was unfair and unjust, which was why he began to move for an independent Anglophone region known as the Republic of Ambazonia, an act that led to his imprisonment and the separatist idea suppressed. The continuous cases of inequity, inequality, bias, discrimination and marginalization suffered by the Anglophone regions eventually resulted in the 2016 onset mass non-violent protest led by Anglophone lawyers and teachers, where the protesters displayed their disinterest and frustration in the government, negotiated with the leaders who demanded a return to federation and eventually called for an autonomous nation of the Republic of Ambazonia.

The government on the other hand, was aggressive and brutal to the protesters and labeled them and their movement as pro-terrorist. The military forces were ordered to curb and contain the non-violent peaceful protests (carrying peace plants), and unfortunately responded by firing live ammunitions into the crowd of protesters which led to the arrest, injuries and deaths of several protesters. To further suppress the separatist movement, military forces often laid attacks on several Anglophone villages and communities, sometimes opening fire where they considered a threat. Thousands of elites and locals have been arrested and jailed without trial and are faced with severe torture and other inhumane treatments. Over 5,000 lives have been lost, families scattered, several homes destroyed, businesses ended and the futures of millions shattered. These actions by the government and military forces brought about a more resounding and coordinated separatist motive and movement. They began to solicit and continuously receive support from prominent Cameroonians within Cameroon and in diaspora, to further their campaign and organized rebel groups to conduct so called “self-defense” against the government and its military forces. Presently, several acts by both conflicting parties have resulted into severe human right violations as Amnesty reports that over 200 villages have been burnt and according to the United Nations, while over 1.2 million people, mostly women and children, are either displaced or refugees in neighboring countries.

According to the UNICEF press release on the 21st of June 2019, it discusses how the security and living conditions of the Anglophone regions continue to worsen, as the UNICEF spokesperson in Geneva, Toby Fricker, estimates about 1.3 million people have been affected by on-going conflict, and are urgently in need of humanitarian assistance such as basic welfare and health items and services. Another major area of concern is education, whereby over 80 per cent schools in the regions have been shut down because of continuous crisis, putting the future of over 600,000 thousand children at risk. So far, several communities and villages in these regions are continuously being plundered, attacked and destroyed, leaving victims to either live in the shattered remains of their communities or villages under strict martial law, or seek refuge in Nigeria, a neighboring country. The latter is the mostly selected option with over 500,000 so far, trooping daily into several refugee camps within various communities, where they are vulnerable to sexual abuse and harassment, rape, child abuse, forced relationships, extortion, unplanned pregnancies, abortion, drug abuse, prostitution, hunger, stigmatization, poor shelter, poor access to educational and health services, and lack of basic welfare privileges.

Of the $35.4 million estimated by the United Nations High Commissioner for Refugees, UNHCR, as urgently needed to help provide welfare services to the victims of the crisis, only 4 per cent of the estimated funds have been generated so far according to a UNHCR official report. Although the UN representatives, alongside other humanitarian organizations continue to provide basic welfare and healthcare services to the Cameroonian refugees in few camps in Nigeria, there are still thousands languishing in severe pain and hunger in bushes and settlements not easily accessible, especially in Cameroon. One organization that has remained consistent in providing necessary assistance to both the refugees and IDP’s is the Cameroon Humanitarian Relief Initiative (CHRI). CHRI is a registered US 501-3c non-profit organization set-up to provide emergency humanitarian relief to those affected by the on-going crisis in Cameroon. In partnership with the Institute of Human Rights (UAB) and other local/international organizations, CHRI has carried out several humanitarian outreach initiatives to refugee camps/communities and IDP settlements in Nigeria and Cameroon respectively, and serves as a reliable organization of support for individuals, groups or organizations willing to assist victims of the present conflict either through donations or voluntary services. To donate, kindly visit their official website at chrelief.org/donate or mail a check to CHRI at 4413 Nuttall Road, Fairfax, VA 22032.

Food items provided for refugees by the Cameroon Humanitarian Relief Initiative (CHRI) Photo by CHRI

In terms of resolving the conflict, there has been no reasonable development between the Cameroonian government and the separatist or other groups despite numerous calls for dialogue. Several protests by these groups have been carried out, questioning the 85 years old President Paul Biya’s long tenure. He has been in power since 1982 (37 years) in a supposed democratic government. Several protesters have also been arrested by the government and charged by a military court with various acts of rebellion, insurrection and engaging in hostile activities against the country. The United States, United Kingdom, and other international humanitarian organizations are being alerted by the continuous violence that has generated a huge distress and violations in the Anglophone regions, and have begun initiating strategies and action plans to successfully resolve these conflicts. Just recently on June 25th, 2019, U.S. Senators Dick Durbin (D-IL), Ben Cardin (D-MD), Chris Van Hollen (D-MD), and Tim Kaine (D-VA), introduced an amendment to the Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) to halt all further U.S. security assistance to Cameroon except for dealing with Boko Haram (a terrorist group in Nigeria) until the U.S. Secretaries of Defense and State certify the military and security forces of Cameroon have demonstrated progress in abiding by international human rights standards regarding the repression in the Anglophone regions. Also, a German lawmaker named Christopher Hoffmann on June 5th, 2019, wrote a letter to Germany’s Chancellor, Angela Merkel, requesting her to urgently review the escalating Cameroon crisis and assist in finding swift resolution to the violent conflict.

Refugees scrambling for clothes donated by the Cameroon Humanitarian Relief Initiative (CHRI) Photo by CHRI

Since the beginning of time, there has been and will always be demands for separation and breakaway among families, lineages, institutions, unions, groups, communities, societies and nations. It is a part of the human nature and psychology to aspire for a better and improved lifestyle if the existing or present way is not as beneficial or productive as hoped. Often within a group setting, the minorities or marginalized would always aspire for separation or breakaway from the existing unit or body. We cannot dismiss groups seeking autonomy or separation, especially if evidence proves they are being marginalized and discriminated by the majority or the government. But demand for such autonomy has been responsible for several historical wars and conflicts. Although some separatist movements were successfully achieved while others failed, the enormous loss of lives and destruction of properties to both parties remain constant across these movements. The Anglophone crisis has already aligned to a violent pattern and would need the intervention from other nation-states and international organizations to be successfully resolved. There is a need to carefully conduct an in-depth analysis of the long-term effects on the Anglophone people and the Cameroon government to bring if possible, a permanent end to this crisis and restore peace.

 

The Sex Trafficking Industry Right In Alabama

by Dianna Bai

a picture of hands in chains
Source: Public Domain

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

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

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

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

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

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

Who are the victims of sex trafficking in Alabama?

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

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

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

He will later become her captor.

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

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

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

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

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

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

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

What does the sex trafficking industry look like in Alabama?

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

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

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

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

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

What’s being done about sex trafficking in Alabama?

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

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

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

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

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

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

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

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

Right in Our Backyard

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

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

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

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

“It shocks the conscience.”

Important Links

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

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

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

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

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

Who’s Afraid of BDS?

A photo of the Wailing Wall and al-Asqa mosque in Jerusalem.
The wailing wall and al-Aqsa mosque in Jerusalem. Source: Tina Kempin Reuter

On 15 August 2019, Israeli Prime Minister Benjamin Netanyahu ordered a travel ban on two US Congresswomen, Michigan Representative Rashida Tlaib and Minnesota Representative Ilhan Omar.  His decision was a surprising reversal from a mere month ago, when both PM Netanyahu and Israeli’s Ambassador to the US, Ron Dermer, confirmed that Reps. Tlaib and Omar would be allowed into Israel “out of respect for the US Congress and the great alliance between Israel and America.”  While the final catalyst for this reversal is credited to the machinations of US President Donald Trump, the primary cause for the travel ban, according to PM Netanyahu, is Reps. Tlaib’s and Omar’s support for the transnational Boycott, Divestment, and Sanctions (BDS) Movement, a concerted effort to compel the State of Israel to revolutionize how it works with Palestinians within and around Israel’s borders.  This post aims to unpack the historical and cultural context of the BDS Movement, analyze the fault lines within the BDS Movement, and suggest ways for BDS to mend these divides while sharpening its effectiveness in advocating for the human rights of Palestinians.

Originating the Boycott, Divestment, & Sanctions (BDS) Movement

From 31 August to 7 September 2001, the United Nations held the World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (WCAR, also called the Durban Conference, as it was held in Durban, South Africa), billed as “providing an opportunity for the world to engage, for the first time in the post-apartheid era, in a broad agenda to combat racism and related issues.”  Within this anti-racist, anti-apartheid ethos, world leaders sought to locate and eradicate large-scale structures bolstering racist ideology and marginalizing populations based off racial and ethnic identity.  Almost all states at the WCAR were in total agreement that Zionism, the political movement to establish and protect a wholly-Jewish nation, was indeed racist.  Many actors arguing against the ideology of Zionism claimed that, although the Jewish people have the right to create their own state, ethnic cleansing of the indigenous people (Palestinians) rendered the current form of Zionism a racist ideology.  It was at the Durban Conference that BDS finds its intellectual roots, as many Middle East / North African states (specifically, Algeria, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Saudi Arabia, Sudan, Syria, Tunisia, the United Arab Republic, and Yemen) agreed to utterly isolate Israel (economically, intellectually, culturally, politically) until Israel revolutionized its relationship with indigenous Palestinians.  Of course, calls for isolationism, itself a remnant of how the world treated South African during its apartheid practices, were eclipsed by the 9/11 attacks against the US a mere four days after the Durban Conference ended.  It was also at the Durban Conference that the “Red-Green” alliance was formed between radical leftist and Islamist groups, collectively impugning Israel’s treatment of indigenous Palestinians.

The intellectual seeds of BDS were planted, and two years later, the world would see the harvest.  On 8 December 2003, the UN General Assembly (UNGA) requested the International Court of Justice (ICJ) for an advisory opinion regarding the Israeli-built wall surrounding East Jerusalem, seeking to ascertain if the wall constituted a breach of international law (specifically the Fourth Geneva Convention of 1949).  The ICJ (relying on oral and written testimony from over 50 UN Member States, the League of Arab States, the Organization of the Islamic Conference, and the European Union – amongst others) declared the wall bisecting Jerusalem and the continuation of Israeli settlements (displacing indigenous Palestinians) indeed violated international humanitarian law.  The ICJ concluded their opinion, stating Israel should (a) cease construction on the wall and dismantle structures within the Occupied Palestinian Territory, (b) respect the right of the Palestinian people’s right to Self Determination (read this article for more information), and (c) pay reparations for costs incurred to the Palestinian people; furthermore, the ICJ contended that all State Parties to the Fourth Geneva Convention should ensure Israel complies with this advisory opinion.  While the advisory opinion alone was relatively toothless on the international stage (as, again, the US and Israel refused to comply with these stipulations), the ICJ’s decision kickstarted the eventual BDS movement two years later.

On 9 July 2005, over 150 Palestinian Civil Society Organizations (representing Palestinian refugees, Palestinians under occupation, and Arab citizens of Israel) signed an open letter to global civil society actors declaring their intent to boycott Israeli products, divesting business activities from working with Israel, and sanctioning groups continuing to aid the Israeli State.  The letter argues, in light of Israel’s refusal to adhere to the ICJ’s recommendation, settlements extending into East Jerusalem, the Gaza Strip, the Golan Heights, and the West Bank (see this article for a map of Palestine land loss since 1946) triggered the need for a transnational, nonviolent movement aimed at compelling the State of Israel to abide by the ICJ’s recommendation.  The letter, echoing the anti-apartheid boycott movement of the 1960s – 1990s, contends that all persons of conscience (including Israeli citizens and members of the Jewish faith worldwide) have a moral obligation to pressure those in power (e.g., business leaders, political decision-makers, and other persons of high influence) to forcefully condemn Israel’s maltreatment of Palestinian populations.  The three fundamental demands of the BDS movement of the State of Israel are as follows:

  1. Ending its occupation and colonization of all Arab lands and dismantling the Wall;
  2. Recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and
  3. Respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN Resolution 194.

Per the BDS official website, the Movement boasts several consequences of its ongoing efforts, including:

  • A 46% drop in foreign direct investment in Israel in 2014
  • Israeli weapon manfacturers complaining of an export crisis due to “less desire for Israeli=made products”.
  • Refusals from major artists (such as Roger Waters from Pink Floyd, Faithless, Lauryn Hill, Brian, Eno, and Elvis Costello).
  • A formal recognition from the State of Israel that the BDS Movement presents a strategic threat to Israel’s treatment of Palestinians.

Since its publication, the BDS movement has largely gained the most traction on college campuses (long understood to be a bastion of political activism).  Simultaneously, the BDS Movement has been associated with radical anti-Zionism, bordering on anti-Semitism.  This association has been the fodder of many political and civil society leaders and has crippled the efficacy of Palestinian Rights activists.

 

Peace activist Archbishop Desmond Tutu with Palestinian activist Omar Barghouti
Peace activist Archbishop Desmond Tutu with Palestinian activist Omar Barghouti. Source: Yazeed Kamaldien, Creative Commons

 

Critiques of BDS

Critiques of the BDS Movement fall into three broad categories: (1) issues surrounding its founder and leader, Omar Barghouti; (2) BDS’s opposition to the internationally-accepted Two-State Solution; and (3) accusations of antisemitic rhetoric and subsequent promotion of violence.

Founder of the BDS Movement and author of Boycott, Divestment, Sanctions: The Global Struggle for Palestinian Rights, Omar Barghouti, quotes Richard Falk (former UN Special Rapporteur on the Situation on of Human Rights in the Palestinian Territories Occupied) early in his text, stating:

The recent developments in Gaza are especially disturbing because they express so vividly a deliberate intention on the part of Israel and its allies to subject an entire human community to life-endangering conditions of utmost cruelty… If ever the ethos of “a responsibility to protect”, recently adopted by the UN Security Council as the basis of “humanitarian intervention” is applicable, it would be to act now to start protecting the people of Gaza from further pain and suffering. (p. 36)

Falk levels a thoughtful critique of both Israel’s and the international community’s abdication of protecting the human rights of Palestinian individuals.  These critiques, shared by many in the global community, fall on deaf ears, for Barghouti has, in many respects, poisoned the well from which BDS-activists guzzle.  Barghouti has been viably accused of tax evasion (to the tune of 700 000 USD), vociferously argued against a potential two-state solution, lambasted Palestinian academic and cultural leaders from debating with their Israeli counterparts, and has been accused of espousing views suggesting the ‘human rights of Palestinians are more equal than the human rights of Israelis’.

Beyond the problematization of BDS’s Founder, other cultural and political forces call into question the endgame of the BDS Movement.  Former US Ambassador to Israel (2011 – 2017), Daniel B. Shapiro, recently argued in The Atlantic the BDS Movement “advocates the end of Israel, rather than the establishment of two states, and assigns as responsibility for the conflict, in all its historical complexity, to Israel alone”.  Other critics, such as the Anti-Defamation League (an international Jewish NGO) has formally classified the BDS Movement as antisemitic.  Australian politicians have noted pro-BDS protests feature acts of violence; British academics voted against Israeli boycotts, noting these boycotts constrict peaceful dialogue between Israeli intellectual leaders and the rest of the world; and American politicians note that BDS can empower antisemitism and undermine the lives and livelihoods of young Israeli scientists. Furthermore, symbolic of many global academics’ ambivalence towards the BDS Movement, philosopher Judith Butler suggests a third path: collaborating with intellectual and cultural Israelis without accepting funding from the Israeli State.  This move, Butler suggests, sidesteps the thorny issue of discrimination on the basis of nationality (e.g., refusing to work with Israeli academics simply wholly due to their Israeli citizenship) while still eschewing affiliation with the Israeli government.

Considering the complexity of the BDS Movement, with its goal of unshackling indigenous Palestinians and its questionable methods and leadership, I now pose the question: what lessons can transformational solidarity movements teach BDS, allowing it to deftly address its many criticisms and simultaneously bolster its efficacy to advocate for the human rights of Palestinians? 

 

A man holds a rainbow Pride protest sign with phrases including “End Israeli occupation”, “Queers for a free Palestine”, and “Fight against: racism, Islamophobia, homo/transphobia, antisemitism, apartheid”
“Queers for Palestine” by Magdalena, Creative Commons

Embracing Complexity within Transformational Solidarity Movements

Dr. Anne Garland Mahler, in her text From the Tricontinental to the Global South: Race, Radicalism, and Transnational Solidarity, alludes to an ideal form of solidarity movements; this form is defined by qualities such as transnationalism (e.g., a widening of solidarity membership to include sympathizers of many, seemingly incongruous nationalisms – such as Palestinian and Israeli), transracial (e.g., not only including diversity ethnicities, such as Jewish and Arab, but an antiracist alignment of said ethnicities), anti-neoliberal (e.g., rejecting the ‘built-in’ nature of inequalities along dimensions related to socioeconomic status, level of education, political access, and health), and horizontalist (e.g., eschewing rigid hierarchies of authority within an organization).  While her original analysis centers around the Tricontinental Solidarity Movement, a Cuban-borne political movement attempting to interlock methods and goals of liberation found within Asian, African, and Latin American peoples, leaders of the BDS Movement would do well to heed her call.

The BDS Movement, at base, aims to transform the lives of Palestinians – the endgame is to reduce violence, promote negative and positive peace, and provide the conditions within life that allow an individual and a people the resources and structures required to build harmony, enjoy prosperity, promote health, and protect equity.  Transformational movements fixate not only on the immediate tragedies of war and conflict, but they additionally fixate on the long-term situations giving rise to sustainable peace.  Mahler correctly locates a critical juncture within this equation – transformational movements must ally themselves with other, perhaps seemingly disparate, movements also aspiring for liberation.  This relational space of ally-ship is precisely where the BDS Movement should aim to stride.  These allies (and partners in transformational struggles) may include prominent Arab-Jewish transracial and Israeli-Palestinian transnational organizations.  These potential allies also include Neve Shalom / Wahat al-Salam (facilitating intentional encounters between Israeli and Palestinian groups), the Children of Abraham (emphasizing the spiritual and religious dimensions required of Israeli-Palestinian peace processes), the Alliance of Middle East Peace (a political lobbying coalition proposing legislation promoting peace in the MENA region), and Peace Oil (an for-profit company promoting economic interdependency between Arabs and Israelis).  Alliances between BDS and these organizations may increase accountability for ‘bad actors’ within the BDS Movement, demonstrate cooperation between Arab and Israelis (rather than domination or antagonism), and sidestep the maligned efforts of ‘spoilers’ within peacebuilding processes.

From a peace and human rights perspective, the BDS Movement should aspire to be one of solidarity – meaning its membership, supporters, and leaders coalesce their methods of transformation within three domains: (1) electoral democracy, (2) opposition, and (3) dialogue.  Specifically, global sympathizers of the BDS Movement should consider continuously voting for candidates and measures ultimately empowering peacebuilding between Israel and Palestine, utilizing nonviolent methods of protesting anti-peace individuals and organizations (boycotts, divestments, and sanctions are obvious examples here – what is missing is a clear focus on the definitive spoilers of peace) and finally, engaging in good-faith, long-term dialogue within their own ranks and between the BDS Movement and other allies and potential adversaries.

Considering the ERA

by Pam Zuber

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

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

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

What’s the history of the ERA?

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

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

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

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

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

What could the ERA do?

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

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

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

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

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

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

Why isn’t the ERA the law?

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

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

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

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

 

On Early and Forced Marriage

by Grace Ndanu

a wedding dress on a mannequin
Where stylish manikins pose mute and chic. Source: sagesolar, Creative Commons

Most people dream of choosing their life partner. Their marriage would be one of independent and happy life. This is not the reality for many young girls who become child brides.  Early and/or forced marriage is most practiced in Sab-Saharan Africa; it is also common in the Maasai community. The Maasai, despite their poverty, have proudly maintained their traditional lifestyle and cultural identity without giving to the pressures of the modern world. The community is under a patriarchal leadership which denies young girls an opportunity to go to school. Education is withheld from girls because it is believed that educating a girl child is not a wise investment because the girl will marry into another family. Therefore, the father of the girl will opt to educate a boy.

Maasai girls are circumcised between 11 and 13. In time, she will marry a man chosen by her father in exchange for cattle and money. A Maasai woman will never be allowed to marry again. As a young girl, she will have her personal autonomy denied. If her husband is an old man who dies when she is still in her teens, she will become the property of one of her husbands’ brothers. She will be one of the multiple wives and will have many children, regardless of her health or ability to provide for them. She will rise early every day to complete her tasks including milking the cows, walking miles to water holes to wash clothes and get water, and gathering heavy loads of firewood to carry back home. If she is lucky, she will have a donkey to share her burden. She will live a life of few comforts, dependent on a husband and a family she did not choose. In between her burdensome chores of the day, the Maasai girl is also a beader – such intangible high skills built into her cultural knowledge and practices. Most of her struggles are shaped by circumstances and the challenges of her time including deep-seated patriarchal attitude.

There are several reasons for forced marriage among the Maasai. First, a desire to ‘eliminate’ the familial poverty. For impoverished families giving a daughter in marriage is a way to reduce expenses particularly if a son’s education and expenses are prioritized. Second, early pregnancies drive toward early marriage as it is seen as a safeguard against immoral behavior. Parents in the Maasai community marry off pregnant girls to protect their family status and name and to receive both dowry and ‘penalty’ payment from the man responsible for the pregnancy. Third, many early marriages occur out of desperation as a young girl seeks ‘refuge’ from neglect or orphanhood. Some girls are taken advantaged by older men who give them false promises of a better life. Girls face a lot of problems and challenges if/when she does not meet the expectations, thus creating a journey towards poverty and gender-based violence begins.

The struggle to end the practice of early marriage in Kenya, particularly among the Maasai, has slowly progressed. There are NGOs that have come seeking to eradicate early child marriages. They work together with the government to help the young girls get out of the retrogressive cultural practices by empowering the girls and enlightening the parents on matters about the education of their girls. The NGOs try to educate the girl child on her rights.

By understanding her personal rights, the goal is self-confidence and independence, and a willingness to advocate and fight for herself and for others. She will be able to choose whom to marry and when to marry. She will have fewer children. They will be healthier and better educated than the previous generation. She will not circumcise her daughters. She will have economic security. Education will enable the girl to help and support her parents, and she will never forget where she came from. Education is the key to success; it is the key to freedom.

 

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

by Andy Carr

newspapers. Source: Renzo Borgatti, Creative Commons

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Postpartum Depression Needs Serious Attention

by Marie Miguel

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

Maternity leave is necessary because it helps with postpartum depression 

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

Postpartum depression is serious

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

Postpartum Depression is not the baby blues

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

Symptoms of postpartum depression

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

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

What can we do as a society?

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

Getting help for postpartum depression

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

 

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