“We are asking for the European community to help. Why are they not listening to us? Where are the human rights? We took refuge in the European Union but where are they? There are no toilets, no showers, no water. Nothing. Not any security or safety. We die here every day.”
Devastation in Moria
On the night of September 8th, 2020, fires raged through Europe’s largest migrant camp in Moria, Lesvos in Greece. It is home to more than 13,000 people which is 6x its capacity. Recently, Moria has caused deep political divisions and unrest in Europe over Mediterranean migration. Moria serves a direct transit point for hundreds of thousands of people seeking refuge from Afghanistan and Syria with the European Union. After Europe started closing its borders and putting a quota on the number of immigrants 4 years ago, life in Moria began to be plagued by mental and physical health issues and desperation. What was originally a temporary camp, became the home of deplorable conditions for people who were running from another deplorable environment.
On the night of the fires, thousands of Moria residents were displaced and are currently being refused entry into Europe, being refused basic rights to shelter and safety, being refused access to proper shelter and sanitation, and being refused their human rights. Since fleeing the fires, the refugees have resorted to sleeping on fields and the sides of roads. Thousands of migrants are now demanding more permanent housing because their situation is so out of the norm and they just want to feel safe in one environment, but their cries for help are continuing to go unheard. The Greek government has taken positive steps to build a more permanent migrant camp, but this leaves little to no hope for refugees seeking a better life outside of Lesvos.
This picture shows the a part of the residential area of the Moria camp where proper housing is severely limited and lacking along with our necessities. Source: Marianna Karakoukali
While accounts of how the fires started are currently being investigated the Greek government is claiming to have identified the culprits. Rumors of how the fires started are illustrative of ethnic and political tensions on Lesvos. The refugee migrants are tired of their poor living circumstances and the local population is upset with lack of regional, national, and international support for managing the influx of migrants and refugees on the island. While a second civil rights movement is happening not only in the United States, but all around the world, racial and ethnic tensions are high. Many refugees feel the European Union is turning its back on them. The European Union is becoming less tolerant for migrants and refugees, when it had once promised to help.
So how is COVID-19 affecting Moria?
Earlier this year, Greece went into lockdown and put travel restrictions on tourists coming in and residents going out. At the beginning of September, there was a small outbreak among the residents at the Moria camp, and human rights advocates are concerned that the Greek government is using this outbreak as an opportunity to further constrain the lives and freedoms of the migrants. The Greek minister for migration; Mitarchi, released a statement saying that the outbreak suggests need for a more “closed and controlled” environment for the migrants. This is odd considering that Moria has experienced far fewer cases than the rest of Greece, but the restrictions placed over the lives in Moria were much higher in comparison. In the Spring, the United Nations was so overwhelmed and concerned with livelihood and the living conditions at Moria that they called to expedite the migration process and related paperwork. So along with the day to day living conditions at Moria, COVID-19 and readily available access to healthcare is making life harder for the migrants. The fires may have been set in retaliation against the newer COVID-19 restrictions by the migrants or they might’ve been set by the local residents who fear the spread of COVID from the camp.
What is going on now?
In the meantime, while the Greek government is talking to French and Italian national leaders, riot police have been deployed to both the site where fires have been set, and also to the new refugee camp that is being set up to shelter those abandoned in Moria. This new site is at Kara Tepe where local media has identified helicopters that have been transporting tents and other necessities for the residents. In the fires, refugee documentation and belongings have been lost and burned, so it is still being determined how accessible the new site at Kara Tepe will be. Many refugees are now saying that they will not go back to another refugee camp where proper living conditions are not guaranteed, but the Greek government is saying that it will “not be blackmailed.”
Refugees sleep on side of the road following the fires, while they await further government housing and instructions. Source: Tasnim News Agency
American Flag. Ken Jones. Source: Creative Commons.
During the 2016 election, I was 17 years old, meaning that I was too young to vote and just old enough to be very frustrated by this barrier. Now, for the 2020 election, I am excited to cast my vote in my first presidential election and have thrown myself into learning as much as I can about domestic and international politics. Through this process, I have begun to recognize political trends and waves. Idealism has shifted and flowed along the political spectrum throughout history. Recently, many countries across the world have taken a conservative shift in their political maneuvers and with their elected officials. What makes this shift slightly different is the large rise of nationalism across many countries.
What is Nationalism?
For a definition, people with nationalist leanings dislike the rise of globalization in social structures and political institutions. There is a rather large emphasis on putting national interests and needs before global ones, hence the name “nationalism.” Nationalism is understood to be focused on the ‘cultural unit of the nation.’ However, for a significant portion of history, one’s political leanings were not reliant on national boundaries. This changed in Europe after the Protestant Reformation. The state became more reliant on the people who resided within the nation instead of outside forces like the Catholic Church. Soon, nationalism and self-determination became integral parts of the view of democracy.
Love China. Christopher Cherry. Source: Creative Commons.
Nationalism is the strong support of a country, akin to patriotism. Self-determining nationalism refers to a desire for a state rooted in a self-identity. This is the basis of white nationalism, the desire for a white state. Some people may believe that nationalism is rooted in the American story and that without it the Constitution might not even exist. However, realistically, racism and racists in general feel represented and validated by Donald Trump’s form of nationalism. The campaign of “America First” and “Make America Great Again” are set in a very distinctively nationalist direction. The primary issue with this stance is that Donald Trump’s definition of “American” excludes quite a few groups of people who live in the United States. This is called ethnonationalism. A few examples of the ethnonationalist tactics employed by Donald Trump and his party include the creation and fascination with the border wall between the United States and Mexico, the Muslim ban, and the active separation of families along the Mexican border, among many others. Similarly, a rise in white nationalism has occurred, encouraged by the Donald Trump base.
Nationalism Throughout History
During the Industrial Revolution, it became apparent that aspects of a shared identity, such as shared literacy in a single language, would be important to a nation’s success. Thus, the assimilation of groups outside of the collective norm of the country became perceived as a top priority. This assimilation happened through civic institutions but also through ethnic cleansing, war, and other violent methods in order to completely wipe out any cultures or traditions considered to be “different” from the nation’s own. In the 1900s, there was a separation created between the ideas of ‘liberal capitalism’ and ‘nationalist democracy.’ This history lesson is to depict the ebbs and flows of nationalism throughout history. It is not uncommon to witness a resurgence of nationalism; however it is important to understand the negative consequences in order to navigate the resurgence in the most effective way for all groups.
Benefits and Dangers of Nationalism
Nationalism can be utilized for development. Throughout history, nationalism can be attributed to a rise in the buying and selling of domestic products, recruitment in the military, and general patriotism. The idea of a shared identity connected to a country is a motivator among citizens. In Korea and Taiwan officials were able to implement the Japanese inspired top-down nationalist model that greatly encouraged growth. However, nationalism can also encourage exclusion and competition. In Europe, imperialism and colonization were often justified by nationalism. These were two techniques employed by western countries to overtake and completely control countries in Africa and in the Asia, the extremely negative consequences of which are still being seen today. During World War II, Adolf Hitler employed nationalist techniques in order to secure his base and rationalize his tactics as in the best interest for Germany. Nationalist sentiment, seen as establishing one group to be the rightful citizens of a country, is dangerous in an increasingly globalized world.
Pro Vox sign. Vox España. Source: Creative Commons.
Nationalism Across the Globe
After 2016, there was a large rise in nationalist sentiment across the world. Perhaps the most popular stage for this phenomenon was the United States with the election of Donald Trump, who ran on a nationalist platform with the slogan, “America First.” In Germany, the nationalist AfD party has become a major opposition party, and in Spain right-wing Vox has become prominent within the Spanish Parliament. Similarly, nationalist leaders have ascended onto the political stage in China, the Philippines, and Turkey. Nations are no longer made up of a single ethnic, religious, or language group. This increase in exclusionary nationalism that we are seeing could prove to be potentially very dangerous for the groups considered to be “outsiders.” It is important to understand the many different facets of nationalism in order to protect against the negative consequences it brings as these political leaders rise in popularity.
She is in VIRTUAL middle school, spending almost all her time in her room physically and mentally connected to her computer for more than five hours a day, Monday to Friday.
Which brings me to the topic of this blog post: Internet Access, and why it is so important given this day and age.
Now, I know what you might be thinking, “Yes, the coronavirus is still a major issue among governments today, and since people cannot really gather outside in large groups, the internet is the next best option. That’s why it is so important to have access to it.” Great, at least you understood that part, but what if I told you that there are governments around the world shutting down the internet, from India to Russia and even countries like Indonesia, in the attempt to resolve their problems?
2015 Global Connectivity Index. Source: geobrava.wordpress.com. Creative Commons
How do we benefit from being online?
Instant Communication
We often tend to talk to others by text, rather than face-to-face. Texting allows people to communicate in speeds never thought possible in the past, which leads to an eventual disconnect in establishing a fully personal connection that people would have if they interacted in person.
Homework
Especially during these times, we need the internet in order to complete our homework, and not having that access most definitely leads to an inability to do work as efficiently as if we had access to the World Wide Web.
Yes, even the Weather
How many people check the weather before leaving their homes? Checking the weather resides among the most popular search terms, which makes sense, as people need it to avoid downpours and be prepared to any eventual changes in plans.
Opinions against Internet Access being a Human Rights
Reflecting on the above benefits really does help broaden one’s vision in understanding how connecting to google.com or other web sites is essential to the daily happenings of our lives. It makes sense to simply call access to the internet a human right because of the way most of us use the internet to live our lives more efficiently.
According to Cerf, for something to be considered a human right, it “must be among the things we as humans need in order to lead healthy, meaningful lives,” In that end, he argues that access to the Internet should be an enabler of rights, but not a right itself.
“It is a mistake to place any particular technology in this exalted category (of human rights), since over time we will end up valuing the wrong things.” — Vinton Cerf
He then attempts to clarify the lines at which human rights and civil rights should be drawn, concluding his op-ed with an understanding that access is simply a means “to improve the human condition.” Granting and ensuring human rights should utilize the internet, not make access the human right itself.
While Cerf seems to believe that the internet is a necessity for people but not a human right, O’Rielly believes otherwise, making it neither a necessity nor a human right.
In a speech before the Internet Innovation Alliance in 2015, Michael O’Rielly introduces his guiding principles with a personal anecdote about his life, emphasizing the impact that technology has given him, even going so far as to claim it as “one of the greatest loves of [his] life, besides [his] wife.” Despite this personal love for technology, one of his governing principles is to clarify what he believes the term ‘necessity’ truly means. He claims that it is unreasonable to even consider access to the internet as a human right or a necessity, as people can live and function without the presence of technology.
“Instead, the term ‘necessity’ should be reserved to those items that humans cannot live without, such as food, shelter, and water.” — Michael O’Rielly
O’Rielly attempts to make the distinction between the true sense of the word ‘necessity’ and ‘human rights,’ trying to defend against “rhetorical traps” created by movements towards making Internet Access a human right. These definitions are the basis of his governing principles and how he attempts to create Internet policies with the government and ISPs (Internet Service Providers).
Opinions for Internet Access being a Human Right
One of the interesting things to note above is the distinction made between one’s need for Internet Access and its categorization into a human right. Today, many if not all businesses require the usage of the Internet, going so far as to purely rely on its presence for regular business transactions and practices to occur. This understanding of the importance of the internet is prevalent now more than ever. The onset of COVID-19 has forced businesses to shut their physical door, allowed for increased traffic of online e-commerce sites like Amazon, and pushed kids towards utilizing platforms like Zoom, Microsoft Teams, and Google Meet as substitutes for attending school. As such, these next few paragraphs will discuss why Internet Access is, in fact, a human right.
This attempt to curb the spread of information also violates Article 19 of the Universal Declaration of Human Rights, of which India and Iran voted in favor, the Soviet Union abstained, and Sri Lanka was nonexistent during its passage (accepted by the General Assembly in 1948).
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.” — Article 19 of the Universal Declaration of Human Rights
Conclusion
There seems to be a fundamental agreement from many experts ranging from the United Nations to organizations like Internet.org that aim to connect people with others around the world, that Internet Access should become, or already is, a basic human right. Although arguments are made that the internet allows for freedom of speech and enable other rights to exist, accessibility to that medium of communication and connection should be guaranteed as food or water. Although the internet is not needed for physical survival, the internet is a requirement for advancement and productivity in life.
Which brings me back to the first point made. I am thankful to have a family and live in a home where I can access information and write blog posts about human rights all around the world. What about those living within my city, my state, the United States, or even Planet Earth who do not have that access to the Internet? What about people that cannot connect with people miles away from them, or people who cannot receive an education due to the environmental factors that affect us now.
Access to the internet is a critically important task that governments, local, state, and federal, all need to act upon in order for a successful and growing economy, not just for current businesses and enterprises, but for the future leaders of our country. It is during these trying times that disparities and inequities are revealed, and those in power must be held accountable for a connected and thriving population to exist.
Source: PickPik. Creative Commons.
If you would like to learn more about Internet Equality and the case for Net Neutrality, I encourage you to read my previous blog post “Internet Equality: A Human Rights Issue?”
The recent explosion of the port in Beirut, Lebanon has garnered widespread international attention. While it is still unknown what caused this explosion, two things are known: explosive material had been stored there for years, and the Lebanese government was aware of this fact. For many years now, both government corruption and negligence have been causing human rights abuses felt across all Lebanon, so the explosion in Beirut, while one of the deadliest manifestations of this corruption and negligence, is no anomaly.
The Aftermath of the Port Explosion in Beirut, Lebanon. Source: Yahoo Images, Creative Commons.
The Lebanese Government
To understand the culture and politics of Lebanon, it is important to understand the way the Lebanese government is set up. When Lebanon first gained independence, the government was divided up so that the several religions in the country would be represented in the government. To do this, it was decided that the President would be a Maronite Christian, the Speaker of the Parliament would be a Shia Muslim, and the Prime Minister would be a Sunni Muslim. In principle, this was a good way of ensuring political representation for each group. However, many problems have occurred because of this. Today, each religious group defends their own government representatives without holding them accountable for their corruption and negligence, and instead blame other groups’ politicians and representatives when problems arise in Lebanon. This has not only allowed for corruption to go unchecked, but it has also caused the divisiveness and sectarian conflict that has become characteristic of Lebanese society.
Government Corruption
While the extent of government corruption has been mostly speculative, an accusation leveled against one of the top politicians in Lebanon last fall seemed to confirm many Lebanese citizens’ suspicions about Lebanese politicians’ corruption. The politician in question is Najib Mikati, previous Prime Minister of Lebanon. Mikati is Lebanon’s richest man, with an estimated net worth of $2.5 billion. Many people have alleged that this accumulation of wealth could only have been the product of illegal activity, and this allegation seemed to be confirmed in October 2019, when a prosecutor pressed charges against Mikati, accusing him and his family of stealing millions of dollars that were meant to be used as housing loans for low and middle-income Lebanese citizens. Despite the fact that Mikati denied this accusation and it has yet to be shown to be true, the accusation was enough to gain traction among the citizens of Lebanon, who used this as conclusive proof of widespread government corruption. While this is only one instance, most of the politicians in Lebanon are millionaires, which leads many to believe that all are involved in some form of corruption.
Economic Decline and Revolution of 2019
While government corruption is in and of itself a problem, this corruption has also had negative ramifications on the economy; it has been argued that it is the primary cause of the steep decline in Lebanon’s economy. In 2018, economic growth for Lebanon was just 0.2 percent, with a 30 percent unemployment rate for youth, and due to these conditions, citizens of Lebanon were becoming increasingly critical of the quality of life in Lebanon, with many explicitly blaming politicians. In an attempt to improve the economy, Lebanese politicians began imposing taxes on many different commodities. While this angered many people, the revolution of 2019 did not begin until the government imposed a tax on WhatsApp, a free messaging service popular in the Middle East. It must be understood that the revolution was not just about the WhatsApp tax, as this was merely one of many contributing factors. In reality, much of the anger that spurred the revolution was due to both the dire conditions in Lebanon and the Lebanese government’s decision to place the burden of fixing the economy on the citizens, despite the fact that the politicians’ own corruption is what has led Lebanon to the brink of collapse.
The 2019 Lebanese Revolution. Source: Yahoo Images, Creative Commons.
Coronavirus Impact
While government corruption is to blame for the bleak conditions in Lebanon, the coronavirus has only further exacerbated these issues. Since the first outbreak in Lebanon, there have been several lockdowns, all of which have negatively impacted the economy. The most damaging impact has been the devaluing of the Lebanese Pound, which was already losing much of its value before the pandemic, but has now lost over 75 percent of its value. The devaluing of the currency not only bears negative consequences on the health of the Lebanese economy as a whole, but it has also made it impossible for many in Lebanon to afford basic necessities. As a result of the devaluing of the currency, prices of medicine, food, and rent have all increased exponentially, nearly 40 percent of the population has been pushed below the poverty line, and almost one million people have insufficient access to food.
Explosion of the Port of Beirut
On August 4, 2,750 tonnes of explosive material improperly stored at the port of Beirut exploded, completely destroying the port and surrounding areas. Until today, it is unknown what caused the explosion, but it has since been revealed that the government was warned about this material almost six years ago and were even warned by security officials to remove the material a few weeks before the explosion. The fact that the government initially stored 2,750 tonnes of explosive material near a residential area and for years ignored warnings to confiscate this material attests to the level of negligence that the government has towards its citizens and its country. To say that the government’s negligence has devastated Beirut would be an understatement; at least 171 people have died, thousands are injured, and over 300,000 are now homeless. Since the explosion, the Prime Minster has resigned, protesters have returned to the streets, and Lebanese citizens are now determined to see the fall of the government. There are many uncertainties in the aftermath of this explosion, but one thing is certain for most, if not all, Lebanese people: the Lebanese government is solely to blame for this tragedy.
Due to government corruption and negligence, Lebanon has been slowly moving towards total collapse. As the country reels further into political, social, and economic unrest, the people of Lebanon have become more and more convinced that the government is not concerned with either their protection or livelihood. However, this is not the first time the Lebanese people have suffered at the hands of their government, and for this reason, voices of resilience and hope are ringing through the streets of Lebanon; just as the people of Lebanon have overcome other hardships before, they have a conviction that they too will overcome this. As a testament to this, many Lebanese people have been calling Beirut a phoenix, for despite the destruction caused by the explosion, the citizens of Lebanon believe that Beirut will rise from the ashes.
Humans have always been regarded as higher animals due to several similarities we share, including instinct, cognition, problem solving skills, introspection, creativity, emotional intelligence and planning skills. Just as planning is an ability of both humans and animals, it involves adequate effort and encompasses a wide range of ideas and research put in place to actualize our desired objective. One of the most fascinating parts of planning to me includes identifying the best place or location we can truly reach our goals, achieve our objectives and fulfil our purpose, which all basically centers around migration. Migration remains a constant and unending phenomenon for both humans and animals, and various motives can be attributed to this endeavor, such as the search for food and water, seasonal weather change, mating reasons, employment opportunities, health and education reasons, adventures and thrills, insecurity, and many others. More still, we can basically summarize migration purposes as a search for a better life, which is a basic instinct all living things possess.
In the last ten years, migration within the international context has risen to a significant level despite continuous efforts many countries have dedicated in ensuring their borders are adequately tightened with hope of discouraging immigrants from illegally entering their borders. According to Ross, Cunningham, & Hanna, an estimation of 244 million migrants are presently living temporarily or permanently outside their country of birth. Violent conflict, discrimination and lack of employment opportunities are major reasons for the increasing number of immigrants in several developed countries, and has forced many countries into adopting drastic measures such as rigorous identity checks, detention camps and deportation, to reduce their entry. Another means of curbing the increasing number of immigrants includes formulating and enforcing policies that limits them access to affordable healthcare services. For instance, the United States Affordable Care Act excludes undocumented immigrants from accessing health insurance, while the immigrant provisions of the 1996 Welfare Reform Act, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) excludes undocumented immigrants from publicly funded services.
Several immigration laws and policies within the United States continuously hinder undocumented immigrants’ access to adequate healthcare services, which constitutes a major challenge to all who fall under this category despite evidence proving they contribute more money in taxes to the U.S. economy than they consume in services. What I believe the U.S. government has failed to understand is the fact that these laws and policies not only put the health of these undocumented immigrants at a high risk, but also the health of the general public and socioeconomic development of the country. One of the most detrimental ways these laws and policies have greatly affected this vulnerable population is in the fight against the HIV epidemic. According to Ross et al., migrants who reside in developed countries are disproportionately affected by HIV as the proportion of new HIV diagnosis amongst migrants exceeds the percentage of the general population. HIV, as we all know, is a global epidemic that demands the best care and treatment which was the reason that spurred world leaders in 2015 to restate their commitment to the right to health by enacting the universal health coverage in the sustainable development goals that guarantees all people and communities access to high quality health services.
Source: Yahoo Image
It is clear the United States government clearly disregards this universal policy that aims at ensuring everyone receives the best healthcare services irrespective of their personality or condition. I guess the U.S. government by their own understanding believes migrants do not fall under the universal coverage as it is evident through their discouraging treatment of undocumented immigrants, more so, those living with HIV. Ross et al. believes migrants persons living with HIV have more characteristics that are associated with poor HIV clinical outcome, and are more likely to die from HIV compared to non-immigrants. For undocumented people living with HIV, there are more factors that exacerbate their condition such as discriminatory laws and policies, lack of follow-up care, ignorance, stigmatization and discrimination. I do believe these discriminating laws and policies serves as the major factor affecting undocumented people living with HIV. One area that typifies this can be seen during the documentation process of a patient health record, which compulsorily demands the immigration status information of individuals. This got me wondering if a client’s immigration status information is actually needed in their health record.
Kim, Molina & Saadi believes documenting immigration status in patient records not only possess a challenge to the clients but also to clinicians. Although by recording this, the information would most likely improve the communication process between the client and the clinician, and also facilitate continuity of care, on the other hand, recording the same information could expose the client alongside their family to risks of being stigmatized or discriminated by non-immigrant friendly clinicians who may expose them to immigration enforcement officers even though it violates patient confidentiality. They believe explicit documentation of immigration status of patients alongside their families in a health record be avoided as evidence suggest risks outweigh benefits in this regard. Conversation about immigration status using indirect language in describing social context should rather be prioritized over written documentation to ensure patients have their healthcare needs met without fear. They concluded by advising clinicians and the general healthcare system to ensure policies and guidelines reduce the high level of stigma and discrimination for all rather than the present opposite.
Madison, WI, USA- February 18, 2016 – group of people protesting new Wisconsin immigration laws. Source: Yahoo Image.
Another area that strikes me hard for undocumented immigrants living with HIV are those who are currently in detention camps across various states in the U.S., a revelation which came to me through one of my on-campus events with the representative of the Alabama Latino Aids Coalition. The speaker spoke about the inhumane treatment undocumented immigrants go through while in detention, more so, people living with HIV. This made me do some research and I found several evidences that confirmed undocumented immigrants living with HIV can actually maintain continuous access to care and treatment while being detained in correctional facilities to ensure they sustain or achieve good virologic outcomes and well-tolerated regimens if structured protocols are implemented and enforced. It should be noted that the detention process for migrants during their deportation proceedings is complex and rigid which has led to several lapses due to poor access to proper medical care. Even though there are 21 Federal Detention Centers across the U.S., which are operated by the Bureau of Prisons, and all provide Antiretroviral treatment and medication to detainees who disclose their HIV status, there exists fear of stigmatization or discrimination amongst detainees living with HIV as they believe their disclosure may negatively impact their immigration trial, especially if they also fall under any gender or sexual minority groups. Also, the poor living condition and environment of this population while in detention forces some to relapse into substance use, engage in risky sexual behaviors, and disregard their treatment plan.
Based on this understanding, it is hard to imagine the inhumane condition undocumented immigrants are forced to live through while being detained. There is need for the U.S. government to understand that even though several undocumented immigrants after their trial, are usually deported or released at the nearest borders or territories close to their home countries, several others return into the society without receiving adequate rehabilitation or reintegrative education which possess a challenge to the society at large. Human and material resources that could have been used to resolve other pressing needs will then be used to serve their avoidable demands. To resolve this challenge, there is the need to abolish any form of discrimination against detainees living with HIV and ensure it does not affect their deportation trial. Also, clinicians and correctional officers need to be more sensitive to the needs of the detainees having been separated from their families and may never see them again, which is a situation that can easily exacerbate their condition in such a hostile detention environment. Human rights institutions, immigration right advocates, academicians, alongside health authorities, media and the general public should also advocate and help raise awareness about the poor condition of these detention facilities. For deported detainees living with HIV, the U.S. government alongside non-governmental institutions should provide adequate health education using evidence-based treatment medications and materials that meets the specification of their home country to ensure transnational HIV continuity of care.
Undocumented Immigrants in dire need of help. Source: Yahoo Image
In all, we all should understand that undocumented immigrants are also humans and should be treated with utmost respect irrespective of their situation. There is need to ensure their health and wellbeing are adequately met and well taken care of. As humans, we should not only sympathize with them, but also support them by raising awareness and advocating for better laws and policies that can assist them during their ordeal. We should always aim for a multi-sectoral approach that addresses the structural challenges for undocumented immigrants living with HIV such as housing, food security, mental health, and access to employment because there is a continuous effort by the U.S. government to dehumanize undocumented immigrants as community members and remove vital resources that is available to them. As we all know the U.S. government remains extremely resolute in enforcing the 2015 immigration laws that places all undocumented immigrants at risk of being deported, they can also ensure the universal law on respect to all life is adequately respected by enforcing laws, guidelines and policies that protects the lives and wellbeing of undocumented immigrants.
COVID-19, otherwise known as the 2019 novel coronavirus, has spread to many countries around the world, affecting many immunocompromised populations and impacting millions of people worldwide. My colleagues have referenced hotspots where the response has impacted the most, from the Middle East to migrants right outside U.S. borders. They have illustrated how discrimination, isolationism, and plain ignorance have shattered families and populations, destroyed economies, and brought fear and terror into the hearts and minds of Earth’s people. It is in that essence that this article will continue to explain the impact of COVID-19 in another hotspot of the world, Asia.
The Asian continent, comprising 48 countries, according to the United Nations, encompasses immense diversity and roughly 60 percent of the global population within its boundaries. This diversity includes, but is not limited to, having the highest and lowest points on Earth, “the world’s wildest climatic extremes,” and “the birthplace of all the world’s major religions.” For the sake of this article, I will be focusing on three countries that are handling the virus very differently, India, China, and South Korea.
Food Insecurity
Having one of the highest populations in the world, India is often referenced as a case study when examining the impact of overpopulation, economics, and food security. In 2012, Uttar Pradesh, India’s most populous state, 60 million out of 200 million people were considered living below the poverty line. Economic inequality has further negatively impacted India’s poorest communities with “57 billionaires controlling 70 percent of India’s wealth” as of 2017. Such inequality has led to the increase in poverty, a lack of medical equipment and access, poor living conditions, and a lack of food.
Demographics of India. Source: Wikipedia. Creative Commons.
However, this pandemic has exacerbated the lack of access to food by Indian residents that comes on the heels of Prime Minister Nahendra Modi’s announcement to begin a “21-day nationwide lockdown.” With such an announcement also came with rising panic from Indians, crowding grocery stores and shops with people panic buying everything in sight. Under Modi’s plan, the “Prime Minister’s Poor Welfare Scheme”, individuals will be able to receive five additional kilograms of rice or wheat for the next three months. Although proposed to benefit 800 million people, many are wary of its success due to the closure of interstate travel, trains, and flights. It is under this lockdown that residents could face two years in jail and a financial penalty if they leave their home for non-essential reasons. In an interview with Time, an autorickshaw driver expressed concern over Modi’s decree to lockdown the entire country. Before the decree, his main concern was to save enough money to help get his son through college. However, “as he stays home with no daily income, his main concern is putting food on the table. He’s not sure what he will do” once those savings run out. When examining a singular issue impacted by COVID-19, the situation in India highlights the issues that countries with an enormous informal sector may face due to economic hardship and lack of infrastructure. For example, India can grow enough food for its growing population, although millions are left underfed due to “bottlenecked supply chain[s], inadequate logistics, food wastage and sharp societal inequalities.” The virus has further called to attention the lack of food security that many around the world face on a daily basis which infringes upon their basic human rights and a Sustainable Development Goal that must be achieved by 2030, Zero Hunger.
Government Control
Timeline of the 2019-20 coronavirus pandemic from November 2019 to January 2020. Source: Wikipedia. Creative Commons.
Being the most populated country in the world, China is often criticized for its drastic measures and horrifying treatment of Muslim minorities. When examining the pandemic, COVID-19 is known to have originated in the Wuhan province in China and was noticed by Chinese ophthalmologist Li Wenliang. Dr. Wenliang had used a private online chat to explain his worry for the novel virus, which quickly went viral, resulting in him being reprimanded by Chinese police. Following this observation, the province had shut down, cutting off transportation and sealing residents off from the outside world. In an interview with Dr. Bruce Aylward, “the leader of the World Health Organization team that visited China,” had praised the Chinese government’s decisive actions towards preventing the spread of the virus:
Although the Chinese government has sought to demonstrate its prowess and handling of the virus, through building hospitals in 10-days and publishing photos of patients who have been cured of the disease, many human rights groups have expressed concern and worry over the treatment of those who have been critical of the government. For instance, Chen Qiushi, a Chinese human rights lawyer, was “put under quarantine”, Fang Bin, a citizen journalist, disappeared in February, and Li Zihua, another journalist, was taken away by a group of men. Dr. Wenliang had died due to the virus early February of 2020. With the news of his death, thousands of comments flooded Chinese social media site Weibo criticizing the Chinese government and censorship in the country with top hashtags such as “Wuhan government owes Dr Li Wenliang an apology” and “We want freedom of speech.” According to the British Broadcasting Corporation (BBC), when they searched for the hashtags a day after Wenliang’s death, they disappeared having been censored alongside many comments aimed at the Chinese government.
From Wuhan province, we now turn to the Xinjiang province in Western China, where the imprisonment of millions of Uyghur Muslims could prove to be a breeding ground for the virus as it spreads throughout the world. You can read more IHR blogs about The Uyghur Muslims in the context of Crimes Against Humanity here and how this crisis is affecting refugees on the US-Mexico border here. In Xinjiang, there are an estimated three million people detained in re-education camps in Western China, mostly of Uyghur Muslims who have been suppressed by the Communist Party. As alleged by Jewher Ilham, the daughter of a jailed Uyghur academic, some of the “conditions at the detention centers offered the perfect chance for coronavirus to spread” citing “systematic abuse, serious overcrowding and poor sanitary conditions inside the camps.” Given allegations of China’s unwillingness to publish the truth about these conditions combined with the alleged suppression of critics and ethnic minorities, it is deeply concerning to gauge the risks of infection amongst those who have been cited as not having enough to eat or doctors on staff to treat those infected. This is also a signal to international groups and organizations to ensure that all people have the chance to be cured and not suffer as a result of the virus or violating the human rights to freedom of speech.
Amongst all the panic buying and the loss of toilet paper throughout the country, there seems to be some light at the end of the tunnel manifesting itself through ‘flattening the curve’. This method has seemed to be close to perfected by South Korea whose growth in COVID-19 cases has significantly slowed compared to the United States. When examining South Korea, many writers have explained the situation by comparing it to religion and culture, chalking it up to higher levels of social trust and the lingering aspect of Confucianism. However, that does not seem to be the case. By flattening the curve, South Korea has demonstrated that it is due to “competent leadership that inspired public trust.” Having tested more than 5000 people per million inhabitants than the United States, it is no wonder that taking early action and mobilizing health officials could lead to a successful response.
“No sacred Confucian text advised Korean health officials to summon medical companies and told them to ramp up testing capacity when Korea had only four known cases of COVID-19.” — S. Nathan Park
Compared to China, India, and even the United States, South Korea did not have to “lockdown entire cities or take some authoritarian measures,” rather, they learned from their past experience with MERS (Middle East Respiratory Syndrome). Such preparation allowed the South Korean government to be proactive and “improve hospital infection prevention and control.” Combined with South Korea’s industrial and developmental advantages over both China and India, the government was able to take a proactive approach and deter the worst effects of the virus. Once South Koreans started getting sick in early February, the government immediately began “testing aggressively to identify cases — not only testing people who are so sick that they’re hospitalized but also mild cases and even suspected cases.” This initiative has allowed South Korea to quarantine those at a high risk while also managing to keep their factories, schools, hospitals, and entire cities open while other countries around the world are having to shut down everything to contain the spread.
2020 coronavirus cases in South Korea. Source: Wikipedia, KCDC. Creative Commons.
Conclusion
Looking back at India, China, and South Korea, it becomes apparent that a swift and proactive response is necessary in order to not allow for the lockdown of entire cities and countries. However, that proactivity must balance itself between being lax and aggressive. For example, China’s efforts to curb the spread of the news rather than the virus has made human rights concerns more apparent to the world, especially since the freedom of speech for civilians is being curbed to protect China’s global reputation. In India’s case, the pandemic has shown many human rights groups and countries the issues that a country with a massive impoverished population faces during difficult times. By being able to demonstrate good leadership and mobilizing experts, South Korea has ultimately done what many other countries would only hope to accomplish. Such success has already inspired other Asian countries to follow suit, especially Singapore, Japan, and others. And although South Korea’s population is significantly small compared to that of India and China, their success is one that can be successfully implemented worldwide. Instead of casting these successes aside as an element of Confucianism or culture, it is necessary for us to be able to model our response like South Korea’s so that were such an event to occur again, we will be able to swiftly contain the spread rather than suffer through weeks and months at home without physical human interaction.
Recently, select states and hospitals have issued guidelines for health providers that would potentially deny people with disabilities treatment for COVID-19. Two entities, Alabama Department of Public Health (ADPH) and Washington State Department of Public Health (WSDPH), have recently come under scrutiny because of their efforts to fulfill such guidelines.
ADPH’s Emergency Operations Plan suggests that ventilator support would be denied to patients with “severe of profound mental retardation”, “moderate to severe dementia”, and “severe traumatic brain injury”. This controversial protocol has recently grabbed the attention of Alabama Disability Advocacy Program and The Arc thus leading to a complaint with U.S. Department of Health and Human Services Office for Civil Rights (OCR) regarding discrimination toward people with intellectual and cognitive disabilities.
OCR swiftly responded to these concerns, as well as those from Kansas and Tennessee, by stating that, even in the case of pandemics, hospitals and doctors cannot undermine the care of people with disabilities and older adults. OCR Director Roger Severino exclaimed, “We’re concerned that crisis standards of care may start relying on value judgments as to the relative worth of one human being versus another, based on the presence or absence of disability,” and “…that stereotypes about what life is like living with a disability can be improperly used to exclude people from needed care.”
Also, with New York currently having most of the U.S.’s confirmed COVID-19 cases, they may very well be the first state to face the imbalance of available ventilators and patient demand. Disability advocates have recently decried verbiage in New York’s Public Readiness and Emergency Preparedness (PREP) Act that could provide immunity from civil rights for some patients. Thus, U.S. state and federal powers are playing tug-of-war with the status of disability rights during the COVID-19 crisis.
Not Today COVID-19 Sign on Wooden Stool. Source: Pexels, Creative Commons.
However, these concerns are not limited to the U.S. In the developing world, many people with disabilities are segregated from their communities in overcrowded facilities, while thousands of others are shackled and incarcerated. This weak enforcement of disability rights positions people with disabilities, in countries such as Brazil, Croatia, Ghana, India, Indonesia, and Russia, at-risk of further inhumane treatment by receiving limited or no appropriate care related to COVID-19. As a result, Human Rights Watch urges state and local authorities to return these populations to their families and demand they provide needed support and services within their communities.
Nearly every country in the world has ratified the United Nations’ Convention on Rights of Persons with Disabilities (CRPD) which aims to fulfill the human rights and fundamental freedoms of people with disabilities. More specifically, Article 25 of CRPD suggests people with disabilities have the right to non-discriminatory health care and population-based public health programs. Thus, nearly every person with a disability around the globe is associated with a governmental power that claims to be dedicated to fulfilling the promise of CRPD. However, in the wake of COVID-19, will these words be put into action?
These unprecedented events are a turning point for how we view our bodies, health, and communities. This is also an opportunity to view the world through the perspective of those in your community such as people with disabilities who represent an array of impairments, challenges, and experiences. Despite boredom and apathy being at the forefront of many people’s isolation, images of life versus death surround others, and for a good reason. In these decisive weeks, and likely months, there has never been a greater time for people in the U.S. and abroad to acknowledge that disability rights are human rights.
Homelessness is defined as “the state of having no home.” In the 1950s, the idea of homelessness was just that, an idea. About “70% of the world’s population of about 2.5 billion people,” lived in rural areas. Today, however, it is estimated that at least 150 million people across the world are homeless with a total of 1.6 billion people lacking adequate or appropriate housing. OECD (Organization for Economic Cooperation and Development) data also ranks the United States (U.S.) as 11th behind Australia, Canada, Germany, Sweden, and others, in terms of homelessness as a percent of the total population in 2015. What is particularly interesting about these statistics is that the first two, Australia and Canada, have plans to address homelessness, with the latter two, Germany and Sweden, not having any type of national plan.
According to U.S. Department of Housing and Urban Development’s (HUD) 2018 Annual Homeless Assessment Report to Congress, an estimated 553,000 people experienced homelessness on a single 2018 night. In terms of homelessness by state, California ranked highest with a raw amount of 129,000 people and North Dakota ranked the lowest in raw count with 542 homeless people through a point-in-time count. Compared to 2008, about 664,000 people in the United States had experienced homelessness on a single night. When looking at California in 2008, about 158,000 people, more than a sixth of the total, had experienced some type of homelessness.
Sheltered Homelessness: referring to those who stay in emergency shelters, transitional housing programs, or safe havens.
Unsheltered Homelessness: referring to those whose primary nighttime location is a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for people (streets, vehicles, or parks).
Chronically Homeless Individual: referring to an individual with a disability who has been continuously homeless for one year or more or has experienced at least four episodes of homelessness in the last three years where the combined length of time homeless in those occasions is at least 12 months.
A homeless man sleeps under an American flag blanket on a park bench in New York City. Source: Jacobin. Creative Commons.
During December of 2017, “Philip Alston, the United Nations special rapporteur on extreme poverty,” visited California, Alabama, Georgia, Puerto Rico, West Virginia, and Washington, D.C., and compiled his findings into an associated report. Here, he introduces the U.S. as one of the world’s richest societies, a trendsetter, and a sophisticated place to live. After such praise, he contrasts the country with his own observations and data gathered from OECD. He also indirectly attacks the U.S., going so far as to mention that “the strict word limit for this report makes it impossible to delve deeply into even the key issues,: showing the immensity of the issues at hand that affect those living in the U.S., known as a “land of stark contrasts.”
In the same report, Alston also noted the at-the-time recent policies that the U.S. had enacted, such as tax breaks and financial windfalls (a sudden, unexpected profit or gain) for the wealthy, reducing welfare benefits for the poor, eliminating protections (financial, environmental, health, and safety) that benefit the middle class and the poor, removing access to health insurance for over 20 million people, increasing spending on defense, and many more. One of the solutions proposed to such an important issue was to decriminalize being poor.
However, leaders of cities and states may think otherwise.
Bunker Hill as seen from Los Angeles City Hall. Source: English Wikipedia. Creative Commons.
For example, Los Angeles and other central cities are constantly seen with “giant cranes and construction” building towers and other magnificent architecture solely to “house corporate law firms, investment banks, real-estate brokerages, tech firms” and other ‘big-money’ companies. However, in those same cities, when looked closely, can make out “encampments of tattered tents, soiled mattresses, dirty clothing, and people barely surviving on the streets.” Alston even goes so far as to call out Los Angeles Mayor Eric Garcetti for allowing ticketing $300 to have an encampment rather than developing affordable housing for the many people unable to pay for their homes and places of residence. This exacerbates the living conditions of those charged because they are struggling to make necessary payments on time, such as healthcare, food, water, and some sort of shelter, be it a tent or living out on the street. This demonstrates that criminalizing homelessness presents an ethical issue that drags people into an endless cycle of poverty.
“Criminalizing homelessness does not solve the problem. It makes suffering more brutal and drives people living on the streets further into the shadows.” – Human Rights Watch
Total Family Households Experiencing Homelessness: 280
Veterans Experiencing Homelessness: 339
Persons Experiencing Chronic Homelessness: 540
Unaccompanied Young Adults (Aged 18-24) Experiencing Homelessness: 158
Total Number of Homeless Students: 14,112
Total Number of Unaccompanied Homeless Students: 583
Nighttime Residence: Unsheltered: 675
Nighttime Residence: Shelters: 735
Nighttime Residence: Hotels/motels: 681
Nighttime Residence: Doubled up: 12,021
Not all students look forward to summer vacation. Source: FAMVIN. Creative Commons
Looking at Birmingham, October 2018 was quite a divisive time due to disagreements and allegations for discrimination against Firehouse Ministries who were aiming to receive support from the city in order to build a new Firehouse Shelter. These allegations had caused the city council to vote down said plan, causing Birmingham Mayor Randall Woodfin to criticize such an action, stating:
“We can’t interject race into every situation. Homelessness is not an issue we should be talking about race.” — Randall Woodfin, in an interview with WBRC Fox 6 News.
The USICH has proposed a variety of solutions that could potentially reduce the rate of homelessness if not put an end to the issue once and for all. These solution span a wide range of projects and solutions, some listed below:
Housing First: Providing people with support services and community resources to keep their housing and not to become homeless again.
Rapid Re-Housing/Affordable Housing: Helping individuals quickly “exit homelessness and return to permanent housing” while also being affordable to even those living in deep poverty. Access must also be available according to need.
Healthcare: Having healthcare would allow these households to treat and manage those conditions that limit them from getting a job in the first place.
Career Pathways: Providing accessible job trainings and employment for those living without a home.
Schools: Providing children with schooling can be a sign of safety and connections to a broader community.
Are there any bills that have been introduced into Congress to mitigate homelessness?
Yes, H.R. 1856, titled “Ending Homelessness Act of 2019.” Introduced in March of 2019, this bill, sponsored by Representative maxine Waters of California aims to create a 5-Year Path To End Homelessness, among other things. Currently, this bill has yet to be passed in the House of Representatives before going to the Senate and President.
Homelessness is a Human Rights Issue. The lack to address it is a Violation of stated International Human Rights.
According to the United Nations Office of the High Commissioner, homelessness has “emerged as a global human rights crisis,” particularly in nation-states where resources are available to address it.
In response to questions asked by the Special Rapporteur on adequate housing in 2016, Leilani Farha, the U.S. has NOT characterized homelessness as “a human rights violation by U.S. courts.” However, certain ordinances enacted by cities have been scrutinized, such as criminalizing people experiencing homeless that sleep in public areas, partially due to the lack of shelter space. Supreme Court case Bell v. City of Boise et al addressed this very issue by determining that convicting someone of a crime due to status is in violation of the United States Constitution, particularly the Eighth Amendment, stating that convicting “a person of a crime based on his or her status amounts to cruel and unusual punishment. Simply by criminalizing homelessness through fines or through time in prison, police and other authority bodies are unconstitutionally affecting those who do not the resources to live a life of stability.
In order to end homelessness, cooperation between public and private bodies are necessary so that equitable access to housing and workforce opportunities for those who’ve been disenfranchised. Following recommendations by the USICH can help relieve many of the problems that many communities, both urban and rural, have to face while also refraining from criminalizing homelessness.
With the release of the film Just Mercy, which recounts Bryan Stevenson’s experience challenging death row convictions in Alabama and creating the Equal Justice Initiative, the criminal justice system is once again in the news and the topic of the death penalty is being debated. First off, everyone should see the film. Until we do away with the death penalty it is necessary that we confront the realities of it in as many ways as possible. The work that Stevenson is doing is beyond admirable, and unfortunately is still needed, yet I couldn’t help but feel a bit pessimistic about this debate. Partly because it seems so obvious to me that the death penalty should not exist, partly because I have little faith in the current federal administration or the state government to address this, and partly because we have been having this debate about the death penalty my entire life. So I fought that initial feeling and began to think about how I could incorporate criminal justice into my own work on environmental justice and human rights.
Prisoners = Environmental Justice Communities
According to the Environmental Protection Agency (EPA), environmental justice is “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies”. In other words, no community should disproportionately bear the brunt of environmental ills, such as pollution, yet in reality, minority and low-income neighborhoods are the ones to bear the brunt. Just as race-based and class-based disparities exist in the experience of environmental ills, they also exist in the criminal justice system and are both the result of broader injustices, such as colonization and white supremacy. African Americans make up 40% of the prison population while representing only 13% of the American population, and Latinos make up 20% of prisons, but only 15% of the population. Low-income populations also have higher rates of incarceration then more others.
Although they are not often included in conversations about environmental justice, the US prison population mirrors other environmental justice communities in many ways especially in regards to discrimination, lack of political representation, lack of access to social services and economic marginalization. Minority and low-income individuals are disproportionately represented in prisons and therefore are disproportionately affected by inadequate prison conditions. Inmates in the US are further at risk due to their reliance on the state for protection and provision of basic needs, all while dealing with the chronic stress of prison life and lack of adequate health resources. Yet, despite this, the US continues to fail to recognize prison populations as environmental justice communities.
Unjust Prison Conditions
There are currently about 2.3 million individuals incarcerated in the US, including those who are awaiting trial, and all of those lives are affected by the inadequate prison conditions plaguing the US.
How Many People Are Locked Up in the United States?. Source: Peter Wagner & Wendy Sawyer (2018) Mass Incarceration: The Whole Pie 2018, www.prisonpolicy.org
Prison conditions throughout the country have been so inadequate that courts have ruled that they violate the 8th Amendment, which prohibits cruel and unusual punishment. Many of these conditions are the result of environmental ills such as excessive heat or cold, exposure to asbestos, lack of drinkable water and exposure to toxic elements. Yet, while some cases have been won no national changes have been made and environmental injustice continues.
Heat is the most common cause of weather-related death in the US and this is only expected to rise in the face of climate change. Since 2007, at leastfourteen prisoners have died from heat-related symptoms in Texas state prisons, and that is only one state. In addition, there are no federally mandated laws on temperature control.
Some Medical Conditions Make People Especially Vulnerable to High Temperatures. Source: Alexi Jones (2019) Cruel and unusual punishment: When states don’t provide air conditioning in prison, www.prisonpolicy.org
In February, inmates in the Metropolitan Detention Center in Brooklyn, NY were stuck in freezing cells for a week as the temperature dropped to below freezing and heating became almost nonexistent.
Prisons also fail to adequately prepare for extreme weather events. When Hurricane Katrina hit New Orleans in 2005 over 8,000 inmates were incarcerated at Orleans Parish Prison. Despite the mandatory evacuation, prisoners were forced to remain for several days in flooded cells,with a limited supply of food and drinking water and lack of basic sanitation. Similarly, prisoners were not evacuated from flood zones in Puerto Rico during Hurricane Maria.
Both prisons and toxic sites are considered undesirable land use and therefore they are often placed in the same area with little to no regard for the health of inmates. 589 of 1,821 federal and state prisons exist within three miles of a Superfund site, with 134 being within one mile. These sites commonly contain toxins such as arsenic, lead, mercury, and polychlorinated biphenyls (PCB) and can cause extensive damage to human health.
Unjust Working Conditions
Prisoners are also vulnerable to numerous environmental ills in their work environments. The Thirteenth Amendment abolishes slavery “except as a punishment for crime” and under this ruling prisoners can be forced to work for no pay. Courts have also ruled that inmates do not have the right to refuse work and can be placed in disciplinary confinement for refusal. While only some states have refused any payment, most inmates make less than a dollar an hour. In addition,inmates are not protected by workplace health and safety regulations set by the Occupational Safety and Health Administration (OSHA) because they are not considered employees under the Fair Labor Standards Act (FLSA). In other words, there is no outside agency to hold prisons accountable for occupational safety, unless it is so extreme that is constitutes cruel and unusual punishment. Many work assignments deal with extremely toxic materials, such as e-waste and asbestos abatement, or inherently hazardous practices, such as firefighting, with little regard being given to inmate health.
Prison firefighters have received some attention of late due to the recent wildfires in California, with much of it focusing on the fact that they are poorly paid for such work and often cannot become firefighters after they are released. Another important aspect to examine is the physical toll firefighting takes.Inmates are eight times more likely to be injured while fighting fires than civilian firefighters, and the American Lung Association has warned of the negative health effects from continued exposure to particle pollution and carbon monoxide within forest fire smoke, among other hazardous air pollutants.
Responsibility of the State
Prisoners represent an incredibly vulnerable population, as they are completely reliant on the state, and therefore the state has a responsibility to protect prisoners from serious harm. The American Correctional Association’s (ACA) Declaration of Principles even recognizes the principle of ‘‘humanity’’ as being essential and states that ‘‘the dignity of individuals, the rights of all people and the potential for human growth and development must be respected’’. This is because people are sent to prison as punishment, not for punishment. The punishment for the crime is the length of incarceration.
Unsurprisingly, the stated principles of the ACA do not always manifest in reality. One such example took place in Louisiana. In 2016 the state made headlines when it was revealed that it spent more than $1 million of public funds on legal fees in an effort to defend its refusal to install air conditioningon death row at Angola prison. The cost to install the air conditioning and operate it would have been $225,000. The state has a responsibility to protect those in its care and it is failing to do so.
Why Bother?
Many may question why we should care about prisoners when many other communities are dealing with similar environmental injustices. Others may say that they should have thought about these things before they did the crimes and that prison is not supposed to be “easy”.
My response would be to watch Just Mercy and critically examine the “justness” of the criminal justice system. To borrow a quote from Professor Nick Hardwick, “If you’re going to defend the ordinary, everyday rights that all of us depend on as we go about our lives and live in peace and security, then actually you can’t risk sacrificing the principles on which those rights are based, even for people whose behaviour you disapprove of. Once you start saying that those rights are conditional for them, they are conditional for you too”.
Disclaimer: This article is not an endorsement of the concept that incarceration is a necessary evil nor is it a dismissal of the fact that an end to mass incarceration is the most effective way to address the injustices examined in this article.
Recently, I had the pleasure of attending the Organized Radical Collegiate Activism (ORCA) Conference organized by the UAB Social Justice Advocacy Council on January 24, 2020. Various important and interesting social justice issues were discussed and presented by talented UAB students throughout the day. The presentation that stood out the most to me was “The State of Incarceration in Alabama” by Eli and Bella Tylicki. The brother-and-sister duo did a great job bringing attention to a very important human rights issue right here in Alabama.
Eli Tylicki and Bella Tylicki Source: ORCA 2020
The presentation started out with some questions for the attendees, such as what they thought were their odds of getting incarcerated at some point in their life? After some interesting responses from the audience, the presenters revealed that White men have a 7% chance of getting incarcerated at least once in their life, Hispanic men 17%, and African American men have the highest (32%) chance. However, women account for only 7% of the U.S. prison population. It was also revealed that the cost to imprison one person for a year in the U.S. is $36,299.25, or $99.45 per day.
As compared to other developed countries such as Canada, Germany, France, Italy, and the U.K, the United States has the highest number of incarcerated people per 100,000 population, almost three times more than these countries. The United States makes up roughly 5% of the world’s population but holds about 25% of the world’s prisoners. Shockingly, 31 U.S. states also have higher incarceration rates than any country in the world, and Alabama is among the worst in the country. Alabama exceeds national averages in virtually every category measured by states and the federal government, making the state’s prison system one of the most violent in the nation.
Now the question arises, why is the state of incarceration in the U.S. uniquely outrageous, and why is Alabama among the worst in this aspect? Many factors are responsible for such staggering statistics, including our economy built on slavery, poverty, tradition-based culture, fear and insecurity, systemic racism, educational inequity, and punitive cultural attitudes just to name a few. Focusing on Alabama, the presenters showed that Alabama’s prisons were revealed to be the most crowded in the country in 2017, with the prison suicide rate being three times more and the homicide rate ten times more than the national average. On April 2, 2019, the U.S Department of Justice Report concluded that “there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse and fail to provide prisoners with safe conditions.” Note that the Eighth Amendment of the U.S. Constitution prohibits the infliction of excessive, cruel, and unusual punishment.
The presenters then went on to show the various horrific accounts of prisoner violence, sexual abuse, homicide cases, and extreme physical injuries during a single week in 2017 as reported by the investigation. It was extremely shocking to learn about the various instances of such abuse and violence that took place in just a single week in our prisons. Those examples were used to illustrate the gravity of ongoing issues in state prisons and are not mentioned here due to their disturbing and triggering nature. Additionally, overcrowding and understaffing are some very important issues that contribute to the worsening situation of prisons in Alabama. According to the Alabama Department of Corrections (ADOC), the state houses approximately 16,327 prisoners in major correctional facilities which are designed to hold only 9,882. Moreover, prisons like Staton and Kilby hold almost three times the number of prisoners than their capacity. As for understaffing, Alabama’s prisons employ only 1,072 out of the 3,326 needed correctional officers according to ADOC’s staffing report from June 2018. It also reported that three prisons have fewer than 20% of the needed correctional officers. This illustrates the increased threat to the safety of both the staff and the prisoners in those facilities due to the lack of required personnel in case of an emergency.
Source: Yahoo Images, Creative Common
The Department of Justice also reported the excessive number of deaths due to violent and deadly assault, high number of life-threatening injuries, unchecked extortions, illegal drugs, and the routinely inability to adequately protect prisoners even when officials have advance warning. The report also threatened a lawsuit within 49 days if the state does not show that it is correcting what is said to be a systemic failure to protect inmates from violence and sexual abuse.
In response, Alabama’s Governor Kay Ivey has proposed a public-private partnership to lease three “megaprisons” from a private firm as a solution to the understaffing and cost-ineffective conditions in state prisons. Department of Corrections Commissioner Jeff Dunn said that “we are convinced now more than ever before that consolidating our infrastructure down to three regional facilities and decommissioning the majority of our major facilities is the way to go.”
Bella and Eli Tylicki gave an overview of the potential pros and cons of the megaprison proposal. Some advantages may be that the upfront costs will be covered, and it may prove as a quick fix with less red tape (a reduction of bureaucratic obstacles to action). However, privatized prisons may lead to a decreased quality of life, is economically inefficient, and there is no change in cost for taxpayers. The Equal Justice Initiative explains how building new prisons will not solve the state’s prison crisis:
Alabama’s primary problems relate to management, staffing, poor classification, inadequate programming for incarcerated people, inadequate treatment programs, poor training, and officer retention. None of these problems will be solved by building new prisons, nor does a prison construction strategy respond to the imminent risk of harm to staff, incarcerated people, and the public.
Therefore, the presenters proposed an alternative to this solution in the form of decarceration and rehabilitation of prisoners. This aims at fixing overcrowding and understaffing, decreases the inside violence, and costs less for taxpayers. Additionally, there is no change in crime rate outside the prisons and rehabilitation leads toward GDP growth and a more productive society. Studies have shown that incarcerated people who participate in correctional education programs are less likely to recidivate and have a higher chance of finding employment when they are released. Plus, these valuable educational and rehabilitative programs cost the state nothing while having significant positive effects on successful re-entry of prisoners and protecting public safety. Of course, there will need to be more done other than just an emphasis on decarceration, such as fixing the infrastructure, improving healthcare, and incentivizing an increase in Correctional Officers. Low-cost reforms such as effective use of video surveillance cameras, implementation of an internal classification system, skilled management, and other basic management systems such as incident tracking systems, quality control, and corrective action review can result in significant improvements in conditions for both the staff and the prisoners. These low-cost reforms helped the nation’s worst women prison, the Tutwiler Prison for Women, become a model for reform.
The Tylickis ended their presentation with a call for action by urging the audience members to call their state representatives and senators to take responsible action, as they will be voting on this issue in the coming weeks. Additionally, they asked us to volunteer with reentry organizations and educate ourselves and others on the issue. Some initiatives that we can support include The Dannon Project, Alabama Appleseed, and the Equal Justice Initiative. We, as responsible and active citizens of this state, need to play our part in making our society safe, just, and productive for all.
UAB is an Equal Employment/Equal Educational Opportunity Institution dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, sex (including pregnancy), genetic information, age, disability, religion, sexual orientation, gender identity, gender expression, and veteran’s status. As required by Title IX, UAB prohibits sex discrimination in any education program or activity that it operates. Individuals may report concerns or questions to UAB’s Assistant Vice President and Senior Title IX Coordinator. The Title IX notice of nondiscrimination is located at uab.edu/titleix.
