In the aftermath of Charlottesville, there has been national attention on hate and the fight against it. One must wonder where the line—if there is one—between free speech and hate speech; it does exist but it is a very fine line. The First Amendment protects citizens against government infringement upon speech but it does not explicitly protect against retaliation from private companies and universities. Since the protection of hate speech does not exist wholly under the First Amendment, employers fired several of the Neo-Nazis present at the Charlottesville rally.
I interned for SPLC on Campus this summer. It is the Southern Poverty Law Center’s campus outreach program. It aims to promote LGBTQ+ rights and racial, economic, and immigrant justice on college campuses and within local communities. It also advocates against hate crimes and bigotry. Charlottesville happened during my last week at the center. The live streams flooded social media and the positive collective response blew me away. Although the amount of hate disheartened me, I had hope because people were just as shocked as I was, and everyone I knew was condemning the hate while sending love and support to victims. There were solidarity rallies and protests promoting unity. There was also an increase in SPLC on Campus club registration.
SPLC on Campus began two years ago. Lecia Brooks, director of Outreach at the Southern Poverty Law Center as well as the Civil Rights Memorial Center, launched the program into full throttle. There are around forty-five active clubs in the States now with the staff for the program standing at only three people. These three people, including Lecia Brooks, Daniel Davis (the SPLC on Campus Coordinator), and Shay DeGolier (Outreach and Organizing Specialist) have been the foundation for these clubs. They fight hate relentlessly and push for more college students to do the same. College students have historically been a source of advocacy and activism; we still are. Here at UAB, the fight for equity, inclusion, and unity continue with student organizations like SPLC on Campus club, and Gender and Sexuality Alliance among others.
The Southern Poverty Law Center (SPLC), founded in 1971, tracks hate groups across the United States. As of today, there are 917 active groups. It is important to note that these groups are not just comprised of those on the far Right. What defines a hate group? The SPLC defines one as a group “[having] beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics.” (Hate Map, n.d.). Therefore, any organization that speaks out negatively about another about things they cannot or should not have to change–the color of their skin, their gender or sexuality, their religion, etc.
I have always heard the expressions, “If you can’t say something nice, don’t say anything at all” and “If they can’t fix/change it in a minute, don’t tell them.” The embedding of the first saying—along with the Golden Rule—took place in both the private and public spheres for me. Teachers, parents, and random posters with cats reminded me to treat others as I wanted to be treated. Everyone has heard at least some version of these clichés. Yet, when did we stop living by the childhood mantras we learned in kindergarten? So many people try to change things about others, and many do not do this kindly. If your friend notices something wrong with you, they might lean over and whisper, “Hey, you have some spinach in your teeth” but they would never say to you, “Hey, your skin is too dark.” It is interesting that hateful rhetoric is no longer taboo; it is mainstream.
A recent study reveals the very fine line between free speech and hate speech when employing the First Amendment. Supporters are quick to jump to the defense of someone saying something racist, often using free speech as a justification. However, with the removal of the targeted group identifier occurs, people rarely use the same defense. How far does the defense for free speech go? On a recent NPR Hidden Brain podcast, researcher Chris Crandall discusses a study he performed on this same question post-election, which revealed that people thought it was much more acceptable to speak out against groups that Trump had targeted in his speeches. The research proved some believe that if someone in a position of authority can use such speech with little to no retaliation, then it must be okay. Prior to the election, many withheld their bias for fear of punishment, look no further than the vilification of Mel Gibson or Michael Richards. Following the election, these barriers seemingly no longer exist, allowing a flood of prejudices to permeate our culture.
Remaining nonviolent in the face of such hatred is essential in overcoming it. Fighting fire with fire cannot solve this problem. In fact, there is evidence by counter protests that have ignited with violence. The entire fight for social justice is a figurative fight, fueled by protests, solidarity, unity, and participation. We cannot counter hate speech with more of the same rhetoric. You may wonder: What can I do to fight hate speech? My suggestions is get involved in groups that advocate against it. Reach out and get involved with human rights/social justice groups like SPLC on Campus, HRC, IHR, Amnesty International, and others. Hold protests and react nonviolently to such charged commentary. The most important thing to do is act. As I learned at SPLC, apathy is not an option.
The UAB Office of Diversity, Equity, and Inclusion will host a panel “From Protest to Academic Freedom: Free Speech, Hate Speech, and the First Amendment on College Campuses” tonight, Wednesday, September 20 at 6pm, Heritage Hall, room 102.
Caitlin Beard is a first-year graduate student from Hartselle, Alabama. She is pursuing a Masters of Arts in the Anthropology of Peace and Human Rights. Deaf culture courses and interaction with the Deaf World for her ASL minor ignited an interest in the field of human rights—specifically how it pertains to the Deaf and other oppressed groups.
These past few weeks have been a very vulnerable time for our global community. Media has been predominately focusing on the countries and victims affected by Hurricane Harvey, Irma, and Jose, however nature’s violent outcry stormed communities all over the world- not just the hurricanes in the West. Powerful monsoons struck South Asia, affecting more than 41 million people throughout Bangladesh, Nepal, and India. In Karachi, Pakistan, devastating monsoon floods abruptly invaded communities preparing to celebrate an Islamic holiday, Eid al-Adha. Lastly, Typhoon Hato swept into the cities of Macau and Hong Kong, causing thousands of people to flee their homes.
After all of these natural disasters transpired, one concept became very clear: Mother Nature does not discriminate. Natural disasters affect the rich and poor, high income countries and low income countries, and people of all nationalities and ethnicities. Regions struck by these disasters are left with substantial amounts of infrastructural, property, and environmental damage. As a result, victims of these disaster experience traumatic consequences, such as internal displacement and food insecurity. Growing up, I believe I was too young and just overall uninformed to really comprehend what natural disasters entail, and why they are so devastating. However, now being an adult, it’s obvious to me that the reason why natural disasters are so devastating is because post-disaster damage completely compromise the dignity of human rights detailed in the Universal Declaration of Human Rights (UDHR).
Disasters interfere with a population’s economic, social, and cultural rights emphasized through 17, Article 22-27 of the UDHR. Articles 22-27 of the UDHR focus on establishing social security through people’s right to education, employment, adequate living conditions, cultural life, and leisure. Likewise, Article 17 of the UDHR establishes that “no one shall be arbitrarily deprived of his property.” Unfortunately, after a natural disaster, these rights are undeniably negatively affected.
The right to work and employment is severely hindered after natural disasters due unimaginable infrastructural damage. In 2005, the US experienced public health tragedy when Hurricane Katrina devastated millions along the Gulf Coast of Mississippi and Louisiana. Two years after Hurricane Katrina, the Bureau of Labor Statistics released numerous reports on the effects of Hurricane Katrina on employment and unemployment. These statistics state: “approximately 38 percent of business establishments in Louisiana and Mississippi were within a 100-mile corridor of the path of Hurricane Katrina’s center.” From August 2005 until June 2006, Louisiana unemployment rates soared from 5.8% pre-hurricane to 12.1% post-Hurricane Katrina. In Mississippi, unemployment rates climbed from 6.8% in 2004 before the hurricane to 10.4% after Hurricane Katrina. Everyone has the right to work to “ensur[e] for himself and his family an existence worthy of human dignity”; this is ultimately difficult to achieve when opportunities for employment have literally been washed away. In the Caribbean regions, hit hardest by hurricane Irma, tourism one of the largest revenue-builders and an important source of income for many families. Specifically in Anguilla, a territory hit by Hurricane Irma, tourism contributed to 57% of the island’s GDP in 2016. Generally, travel and tourism alone contributed to about 15% of the Caribbean region’s total GDP. For the Caribbean victims of Irma, the disruption of the tourism industry is a disruption to a family’s livelihood. Natural disaster victims living in rural regions such as India, Nepal, and Bangladesh face continuous threat to work when their agriculture and crop land get destroyed and the becomes unprofitable.
Right to Adequate Living
The most noticeable human right that natural disasters discernibly jeopardize is the right to “a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…” For many survivors after natural disasters, ‘adequate living’ is no longer a reality. What happens when a family’s home is demolished in the wake of disasters such as these? Tragically, millions of people become internally displaced within their countries. The United Nations reports that about 851,000 people are displaced in India, 352,738 Nepalese are displaced from their homes, and lastly 696,169 people have been displaced in Bangladesh since the monsoons. Food insecurity also becomes an urgent need to address throughout regions affected by these disasters. Within two days after the floods, Nepal Food Security Monitoring System (NEKSAP), issued a first assessment of the damage. Results exposed that 70% of flood-affected areas are moderately food insecure or worse. Of that 70%, 42% of those regions are highly and severely food insecure.
Right to Education
Natural disasters also impede on one’s right to an education due to the damage sustained by schools and educational infrastructure. Human loss to education systems, comprising the loss of school administration personal, teachers, and education policy makers, affects the institution’s ability to deliver a quality education. UN reports affirm that in Bangladesh, 2,292 primary and community schools suffered substantial water damage. In Nepal, 1,958 schools have been ruined, thereby impacting the education of 253,605 children. In India, nearly one million students’ education have been disrupted when floods damaged 15,455 schools. Damage to schools not only undercut education in the short term, but threaten long-term educational goals as well. USAID explains “the normal processes of educational planning break down during an emergency, weakening the overall system and creating future problems in the development of an inclusive educational system.”
“Famine”. Source: Jennifer Boyer, Creative Commons
What’s next?
These events have got a lot of people asking why these disasters even occurred in the first place. Well, science indicates that climate change has become a major catalyst to such drastic weather related disasters witnessed throughout the past couple of weeks. As NASA explains “changes in climate not only affect average temperatures, but also extreme temperatures, increasing the likelihood of weather-related natural disasters.” With rising temperatures and a predicted increase in weather-related disasters, maybe the United Nations and our government should start to consider changing the definition of an internally displaced person (IDP) or a refugee to include people fleeing from natural disasters. The UN definition of a refugee is a person who , “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country…” Just like people running away from armed conflict, victims of weather-related disasters are also trying to escape harsh realities, including inadequate living conditions, food insecurity, no economic opportunities, and violence. A modern day example of weather-related disasters is the famine spreading across Ethiopia, Somalia, and Kenya caused by intensified droughts.
“We have moved four times in the last four months. We were trying to follow the rain – moving according to where the rains were supposed to come. But they haven’t. If the rains don’t come, none of us will survive”
– Farhia Mohamad Geedi, Oxfam
Just like Farhia and her family, 10.7 million people across Somalia, Ethiopia and are facing sever hunger. If their governments are not able to provide them with a feasible and effective solution, they have no other choice but to leave, or die. With a predicted increase in weather-related disasters such as drought and floods, more people will be living in extremely life-threatening environments that will force them to leave their home. The destruction of the consecutive water disaster have been very tragic, but there is hope for the future. Countries have begun to recognize that “their shared burden of climate-related disasters can only be lifted by universal action to address the causes of climate change.” 175 countries from all over the world have signed onto the Paris Agreement, which will focus on keeping a global temperature rise this century below 2 degrees Celsius. We as a global community have already made such positive impact by acknowledging we have a problem, now it’s time to hold ourselves accountable for progress.
Additional resource: This Changes Everything by Naomi Klein.
Human beings often use words without understanding their full semantics or definition. Torture is one of those words. The reality of torture, in its actual definition and context, will remain an unknown experience for majority of humanity. Torture, for some, is part of their new normal. The purpose of this blog is to look briefly at the human rights violation of torture through the lens of cultural relativism and moral universalism.
Prison. Source: daily sunny, Creative Commons
A similar story
In 1994, 19-year-old American Michael Fay lived in Singapore. He made international headlines when a conviction of vandalism and sentencing to six lashes by caning became his punishment. Caning is a part of the corporal punishment system in Singapore. Most recently, a Saudi diplomat received caning lashes for molestation. At the time of Fay’s arrest, President Clinton described the punishment as too harsh, and the Singaporean government reduced the lashes to four. Fay received his lashes and returned home. I mention Fay as an entry point for Otto Warmbier.
I followed Warmbier’s case when it began in January 2016. He was a student from the University of Virginia, sentenced by the North Korean government to 15 years of hard labor over offensive behavior while on a backpacking tour in the country. The accusation brought against him of trying to steal a sign from the hotel where he was staying, resulted in an immediate conviction, considering the action as a “hostile act” and attempt to hurt the working class of Koreans by undermining solidarity. Theft in the People’s Republic of Korea (PRK), regardless of object or size, often results in a public execution or beatings in prison camps and schoolyards as a means for deterring future behaviors. He is an enemy of the state.
Amnesty International notes North Korea’s propensity for arbitrary arrests and detentions. The US State department, at the time of his arrest, called for his immediate release, stating the punishment is “unduly harsh” and if he had been in any other country, the incident would not have resulted in this treatment or conviction. Warmbier, after 18 months as a prisoner in North Korea, died on June 19 in Ohio, following a “humanitarian gesture” of release by the North Koreans.
My initial interest in Otto was his reasoning/logic for travelling to the totalitarian “hermit kingdom” without knowledge of the culture. Yes, due to the fact, he is an American citizen, an appeal for his release and return was a correct gesture by the State Department at the time. However, if he was released in January 2016, what would he or anyone else have learned from that exchange? As Americans, we have cultivated and bought into an American exceptionalism ideology that often highlights our ignorance of international cultural norms and behaviors, thereby positioning us with the short end of the stick. Our American exceptionalism repetitively accuses other countries of torturous treatment of prisoners and other Americans, yet we somehow fail to see the plank in our own eye.
Cultural relativism
The men in both cases were accused, convicted, sentenced, and received punishment in accordance of the laws in the nations where they were guests. The US government described both punishments as torturous or unfair treatment. Many comments and explanations made and given spoke of the men’s character; however, no one mentioned about their knowledge of the culture of the country’s they visited (lived in, in Fay’s case) or the choice each man made that resulted in a behavior that was punishable by law. Perhaps these men are innocent of the crimes; only they know.
Sally Engle Merry suggests the misunderstanding over culture and human rights narrows to whether the application of rights is culturally relative or universal. She asserts that “Rights are understood as a uniquely Western idea… Culture, on the other hand, is understood as homogenous, integrated system of belief and values attached to a relatively small and isolated group of people. It was this conception of culture which spawned relativism as a moral perspective. Cultural relativism is the social discipline that comes of respect for differences – of mutual respect.” She concedes our understanding of culture informs our knowledge of rights. The notion of human rights found their basis in the identification and protection of civil and political rights, as determined by cultures willing to uphold the Universal Declaration of Human Rights (UDHR). Since 1948, human rights have expanded, and continue to expand, to include the global collective of humanity, framed and spoken in “the preeminent global language of social justice. The changes correlate with some fluid elements of national cultures like McDonaldization, the use of smartphones and social media; changing and adapting to global influences like globalization. In other words, globalization and the application of human rights are determined by and dependent upon the pliable features of a national culture. PRK remains a significant outlier because of national sovereignty.
In “Human Rights along the Grapevine”, Mark Goodale agrees with Merry using a clarifying caveat. He points out that the writers of the UDHR did so with an “anti-internationalism” delegation in mind. To Roosevelt, the understanding and implementation of the UDHR for citizens in countries closed to creating laws that protected human rights, “a curious grapevine” would bring to pass the information about the new normative system. As individuals learned about their human rights, they could initiate a change in culture, from the bottom-up, which cultivates a new national culture that honors the universality of human rights, through the respect and honoring of human rights on a national level first. He suggests the UDHR provides a standard by which global humanity can identity and measure the protection or violation of human rights under specific governments, particularly regarding repression and subjugation. It is important to know that the UDHR does not and cannot override national sovereignty. National sovereignty reigns supreme when it comes to what takes place within the borders of a country. Do human rights require acceptance on an individual country basis—culturally relative–or should they find recognition and protection through global application? Returning to the Warmbier case, let us look at the accusation of the torture by the US.
Prison at Port Arthur. Source: Dushan Hanuska, Creative Commons.
Torture: Pot meet kettle
Torture, for Callaway and Harrell-Stephenson, is the most significant human rights violation because it not only violates the individual but also instills a system of fear within a society, removing a sense of security. Several international law, covenants, conventions and declarations conclude that torture is a direct violation of a person’s rights and dignity. Article Five of the UDHR states, “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article Two of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) reads, “Each state party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” The United States is a state party to the CAT, yet even in the declaration of agreement, there is a stipulation that invokes national sovereignty:
That the United States considers itself bound by the obligation under article 16 to prevent `cruel, inhuman or degrading treatment or punishment’, only insofar as the term `cruel, inhuman or degrading treatment or punishment’ means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States
It is tempting to think totalitarian and authoritarian regimes are uniquely guilty of torturous actions. Bobby Sands of Ireland as well as former prisoners of Guantanamo Bay (Gitmo), and the photographic evidence from Abu Ghraib are reminders that democratic governments, including the US, can also perpetrate human rights violations. Let us briefly discuss Gitmo and Abu Ghraib as examples of how America treats enemies of the state and prisoners of war based upon the conditions the government stated within the CAT.
“It is very, very scary when you are tortured by someone who doesn’t believe in torture…” Ahmed Errachidi
Callaway and Harrell-Stephenson observe that for the Nazis, the removal of Jews to concentration camps brought about an ‘out of sight, out of minds’ perspective to the population. Apuzzo, Fink, and Risen assert the denial of torture as “enhanced interrogation techniques” positions the US as an entity that contradicts its values by employing tactics that stand in direct opposition to those values. In their article, they present the case that the US frequently conducts arbitrary arrests based upon nonexistent or flimsy evidence. Arrests regularly fails to provide due process to those in custody, flagrantly participates in behaviors where the lines remain blurred as “amounted to torture or succeeded in extracting intelligence”, and discard prisoners without explanation or charges to return to their home countries and families as shells of who they once were.
Gitmo is synonymous with the torture of prisoners by the US. Testimonies of former prisoners, interrogators, physicians, and medical and government documentation speak to the humiliating and abusive tactics utilized by American soldiers and CIA personnel to obtain “information” which could be used to capture and prosecute additional enemies of the state. However, as mentioned in the 60 Minutes interview, torture may not result in the victim providing useful information. The prisoner simply says what is necessary to end the suffering.
Former President George W. Bush determined waterboarding, a technique that stimulates the feeling of drowning and induces stress, does not constituting torture. President Obama in 2009 disagreed, banned its use by the US, and sought to close Gitmo during his presidency. During the 2016 election, Donald Trump promised to reinstate waterboarding and torturous acts, stating, “I’d bring back a hell of a lot worse than waterboarding.” The collection of stories in the NY Times piece is consistent with the photographs from Abu Ghraib. The photos taken by American soldiers reveal the dishonoring, degrading, and torturous action inflicted upon prisoners of war in American custody. Given our treatment of prisoners, whether actual enemies of the state or someone arrested due to mistaken identity, America has little credibility when attempting to call out PRK on torture.
The line between cultural relativism and universality is thin. The United States, as active perpetrators of torture and degrading punishment including waterboarding, stands cheek-to-cheek with the country it seeks to name and shame into submission. The Curious Case of Otto Warmbier challenges the authority of national sovereignty and cultural relativism in the light of human rights and their universal application. The call to protect human rights is an all or nothing call; there is no in-between. To stand on the values of truth, justice, and law for one person, one area or country, you must stand for it for all persons, areas or countries.
On July 26th, 2017 President Donald J. Trump tweeted the following:
“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow… Transgender individuals to serve in any capacity in the U. S. Military. Our military must be focused on decisive and overwhelming… victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you”
The Real Cost to Transgender Americans
Transgender individuals, many of whom already face daily harassment and discrimination for their gender identity, have been shown to actively avoid situations where hostile confrontations may arise. In 2016, after a political storm erupted out of North Carolina and the then-governor Pat McCrory’s “Bathroom Bill”, a landmark study on the lives of 27,715 transgender persons documented several startling changes that occurred in the lives of transgender persons. These include:
59% of transgender persons avoiding bathrooms for feared confrontations
12% report being harassed, attacked, or sexually assaulted
31% avoiding eating or drinking to avoid needing to use public restrooms
8% contracting a kidney or urinary tract infection as a potential consequence for avoiding the use of public restrooms
Similar studies also document the prolonged and repeated stress endured by transgender individuals, when using public restrooms, after the “Bathroom Bill” was proposed. Situations in which their minority status is negatively highlighted or emphasized, such as the use of public restrooms, are loaded events for transgender individuals. Until recently, the link between a culture of antagonism towards issues related to transgender individuals and the subjective experiences of these individuals themselves has been suspected but unsupported. A study published earlier this year in the Journal of Abnormal Psychology examined the gravest mental health crisis experienced by transgender persons: suicide.
Transgender individuals, as compared to the general public, are 14 times more likely to think about committing suicide and 22 times more likely to attempt suicide. This horrifying trend holds in countries outside of the United States, and these rates may even be higher in transgender adolescents. With this new data and analysis, the role of culture, across 2 different theoretical models, was shown to significantly impact the rate of suicide ideation in transgender individuals. Suicide ideation was significantly predicted by factors such as victimization (specific attacks on an individual for their status as transgender), rejection (social reluctance to engage with transgender individuals), and non-affirmation (the active reminding of a transgender individual their gender identity is not accepted or validated). To restate the findings, transgender individuals were more likely to seriously contemplate suicide, or wantonly envision a future in which they are not alive, if surrounded by a culture characterized by isolation, discrimination, and outright antagonism. An important caveat remains: researchers will never be able to interview transgender individuals who have completed the act of suicide. The ‘edge point’, or the final motive impelling a transgender individual to successfully end their own life, can be hinted at but will never be known with absolute certainty. However, combining previous research on the statistical likelihood of suicide and suicidal ideation in transgender individuals, coupled with the recently supported theory that culture is a major implicator in the suicide risk of transgender individuals, presents the concerned public with startling information. For these victimized individuals, a culture of transphobia can exacerbate a predisposition for suicide, potentially resulting in a public health crisis with deadly results.
Source: Dimitra Linardou, Creative Commons
Culture, according to Riane Eisler, is in constant flux. People choose both their internal response to the forces of culture around them and their externally exertion of control over culture in future interactions with others. According to Eisler’s Cultural Transformation Theory, a culture of transphobia (the ignorance, fear, or outright hatred of transgender individuals) can change to a culture of empathy, partnership, and mutual understanding. Likewise, a culture of tentative acceptance can be quickly reversed to one of arbitrary discrimination and empowered domination. One way a pro-social Eislierian cultural transformation for transgender persons can occur is through the creation, maintenance, and protection of human rights for transgender individuals (Eisler, 1988). In the United States, transgender rights have a high degree on variance, mostly along state or jurisdiction lines (a graph displaying specific issues related to transgender rights in the US can be found here). The scant federal rulings on the rights of transgender persons have involved only a few aspects of life for transgender persons, including discrimination in the workplace, marriage equality, and conversion therapy. The rights of trans persons are still in flux, and the Trump Administration may indeed roll back these protections as their time in governance continues. Rollbacks of trans rights might, as is supported by Testa et al.’s and the National Center for Transgender Equality’s research, create a public health crisis for transgender persons. Creating a culture accepting of and empathic to the needs of transgender persons must include comprehensive human rights legislation protecting this vulnerable group without fear of retraction from a hostile administration, such as the Trump administration.
President Trump, under the guise of “medical costs” and unit “disruption”, attempted to used his public platform to instill a culture of blatant disregard for the patriotism, self-sacrifice, and protection of freedom offered by transgender persons who volunteered, volunteer, and may yet volunteer to serve in the United States Armed Forces. The costs he associated with transgender persons serving in the military are non-issues, and a sober analysis of his proposed logic illuminates a stunning disconnect from the actual militaristic consequences of allowing transgender persons to serve in the US Armed Forces. The literature, including both personal and academic accounts, reveals a population within America severely prone to self-harm, suicidal thoughts, and suicide attempts in the aftermath of public controversies regarding a fundamental part of their very identity. The oppression of the transgender community has been shown to have far-reaching and oftentimes permanent consequences for trans persons- such as suicide. The cost to the trans community from attacks such as these far outweigh the illusory costs to the Trump Administration in allowing trans persons to live a life unencumbered by blatant discrimination.
If you or someone you know is contemplating suicide or self-harm, here are resources to contact:
National Suicide Prevention Lifeline (press 1 if you are a US military veteran in crisis): 1-800-273-8255
Trans Lifeline: 877-565-8860
The Trevor Project (youth service): 1-866-488-7386
GLBT National Help Hotline: 1-888-843-4564
Call 911 if you believe there is an immediate threat to your and / or someone else’s physical safety and wellbeing.
References
Eisler, R. (1988). The Chalice and the Blade. San Fransico: Harper.
President Donald J. Trump tweeted the following on July 26, 2017:
“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow… Transgender individuals to serve in any capacity in the U. S. Military. Our military must be focused on decisive and overwhelming… victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you”
Source: Curt Johnson, Creative Commons
A History of Inclusion
The service of members of the LGBTQIA community in the US military has remained a highly contentious and passionately-fought issue on all sides of the political (and gender) spectrum. The battle for inclusion in the American Armed Forces first involved inclusion along ethnic lines, then involving lesbians, gays, and bisexuals, and more recently the rights of transgender persons to openly serve.
On July 26th, 1948 President Harry S. Truman signed into effect Executive Order 9981: Establishing the President’s Committee on Equality of Treatment and Opportunity in the Armed Services. The order essentially desegregated the United States Armed Forces, stating “… there shall be equality of treatment and opportunity for all persons in the armed forces without regard to race, color, religion, or national origin”. President Trump’s tweet banning the service of transgender American soldiers comes on the 69th anniversary of President Truman’s executive order. This Executive Order jumpstarted the battle for inclusion in the American Armed Forces, first included ethnic lines, then sexual orientation, and finally gender identity.
President Bill Clinton, in October of 1993, executed a new law known as “Don’t Ask, Don’t Tell, Don’t Pursue, and Don’t Harass”, though it’s commonly referred to as “don’t ask, don’t tell” (DADT). DADT reversed the long-standing statutory ban on gay, lesbian, and bisexual individuals from serving in the United States military. Gay, lesbian, and bisexual individuals had long served in the US military with their sexuality largely kept secret. DADT was first met by suspicion and hostility from many politicians and military personnel alike, citing fears of ‘undermining morale’ if gays, lesbians, and bisexuals were permitted to serve in any capacity. Again, gays, lesbians, and bisexuals had long served the US military, but not to the explicit knowledge of their commanding officers or fellow servicemen and servicewomen.
President Barack Obama, in December of 2010, after both the House of Representatives and US Senate successfully voted to repeal the practice, signed into law a full reversal on DADT. The practice of forbidding gay, lesbian, and bisexual service-members to be ‘out’ about their sexuality and serve in the US military was effectively over.
Throughout the battles fought for gays, lesbians, and bisexuals to openly serve in the military, transgender individuals were explicitly told they must ‘pass’ as their biological sex if they wished to serve in the US military. Transgender persons have myriad ways of expressing their sexual orientation, including: dressing in accordance with their gender identification, changing their name, hormone treatment, and medical procedures that alter their body to conform with their gender identity. So far as the military was concerned, transgender individuals could be threatened with discharge for an enlistment violation if they did not ‘pass’ as their sex assigned at birth. That is, until June of 2016, when Secretary of Defense Ash Carter lifted the ban on transgender individuals from openly serving. In his public statement on the reversal, Carter explains:
“Our mission is to defend this country, and we don’t want barriers unrelated to a person’s qualification to serve preventing us from recruiting or retaining the soldier, sailor, airman, or Marine who can best accomplish the mission. We have to have access to 100% of America’s population for our all-volunteer force to be able to recruit from among them the most highly qualified – and to retain them.”
Taking our lead from Carter, Obama, Clinton, and Truman, a question remains if military service is a civil right, civil liberty, or both. The distinction between these terms can be found here. Under current US federal law and military policy, American citizens over the age of 18 of sound body and mind can volunteer to serve in the US Armed Forces. As it relates to transgender persons, the civil right to serve in the military without discrimination and the civil liberty to openly serve have been supported by legal precedents. If President Trump’s blanket ban is codified in policy, any resulting legal action will clarify how civil rights and liberties are applied in the case of transgender Americans wishing to serve.
Trump’s Argument
President Trump’s transgender military ban was conveyed to the public via tweet, and tweets are not legally binding nor are they official US policy (though they have been ruled legal stream of consciousness). The day after Trump tweeted on the issue, the Joint Chiefs of Staff General Dunford stated the Department of Defense was not changing policy on the President’s tweets alone- an official policy directive must be issued.
Defense Secretary James Mattis and Marine Corps Gen. Joseph F. Dunford, Jr., Chairman of the Joint Chiefs of Staff, update the media on the campaign against the Islamic State of Iraq and Syria during a joint press conference at the Pentagon in Washington, D.C., May 19, 2017. Source: Chairman of the Joint Chief of Staff, Creative Commons
The President’s tweets may indeed be a precursor to an executive order (such as the case with President Truman and military desegregation), a bill-turned-law (Presidents Clinton and Obama with the creation and repeal of DADT), a policy change (Secretary Carter and the service of openly transgender soldiers), some other legally binding option, or it may remain what it is today: a tweet. The likelihood of the president issuing a policy directive is arguably uncertain. However, based on the information the American public has on President Trump’s proposed transgender military ban, we can make an educated analysis of his arguments for a ban. A thorough and exhaustive examination of his full public statement (341 characters, not including spaces) reveals two justifications the president offers for his transgender military ban: “tremendous medical costs” and “disruption that transgender in the military would entail”.
In 2016, the RAND Corporation, a nonpartisan think tank offering research and analysis in operational strategy related to the US Armed Forces, published a report titled Assessing the Implications of Allowing Transgender Personnel to Serve Openly; the full text can be read here. This report, commissioned in response to growing questions about the reality of allowing transgender individuals to openly serve in the military, assessed: 1) the health care needs of transgender individuals, 2) the population size of transgender individuals in the US military, 3) the likelihood & potential costs of gender-related healthcare services to the US military, and 4) the ‘potential readiness’ of the US military to allow transgender individuals to openly serve. This report helped inform Secretary Carter’s decision to allow transgender individuals to openly serve. This widely-respected and cited report directly addresses both of President Trump’s justifications for banning military service of transgender individuals: medical costs and “disruptions” to unit cohesion.
The medical cost President Trump is likely alluding to is the extension of healthcare coverage to transgender individuals in the US Armed Forces to cover gender-transition related treatment. As previously stated, this includes procedures such as hormone treatment, surgeries such as hair removal or breast implantation, and gender reassignment surgery. Given the ongoing and bitterly contentious debate in the US Congress on Obamacare repeal / reform, President’s Trump’s focus on costs accrued from health does make sense, given the current political climate. Politicking aside, the RAND Corporation did indeed find an increase in costs to the military in extending healthcare to include gender-transition related treatments. Using cost estimates based off public employers, private employers, and treatments likely to occur in transgender persons in the military, allowing the health extension would cost the military between $2.4million and $8.4million per year (by comparison, the US military spends $84million / year in treatment for erectile dysfunction for US servicemen- 10x the amount of gender-transition related treatment). The US military currently spends $6.2billion per year in healthcare-related costs. Therefore, allowing transgender soldiers to have access to gender-transition related treatment would see a 0.13% or 0.0013 yearly increase in the US Armed Forces healthcare budget. These specific estimates can be found between pages 33-37 of the RAND Report. To put this in further perspective, one of President Trump’s foundational arguments against the military service of transgender individuals is an unwillingness to spend a potential $2.4m-$8.4m / year, for individuals committed to protecting the United States from enemies foreign and domestic, in healthcare procedures that are entirely optional and may or may not be utilized. For the president, these “medical costs” are simply too high.
2017.07.26 Protest Trans Military Ban, White House, Washington DC USA. Source: Ted Eytan, Creative Commons
President Trump’s second and final argument against the military service of transgender individuals is the “disruption” they present to their fellow soldiers, sailors, airmen, and Marines. This very argument has been used before, most notably in the follow-up to President Obama’s repeal of DADT. Critics of the repeal feared if other members in the unit found out an individual was lesbian, gay, or bisexual, this would inhibit unit bonding, and therefore negatively impact unit cohesion and situational readiness. This argument has long been dismantled, and data indicate this trend holds for transgender individuals serving in the military as well. In fact, individuals with negative attitudes towards transgender individuals are more likely to change those attitudes towards a positive outlook, given more interactions with a transgender person. This specific instance of Mere Exposure Effect (or as social psychologists would say, “Familiarity Principle”) has been found in militaries across the world, including in the US. The RAND Report summarizes these studies (pages 39-47), stating the presence of one or more transgender individual in a military unit has no significant impact on cohesion, operational effectiveness, or readiness. “[D]isruption that transgender in the military would entail”, cited by President Trump as a reason for the transgender military ban, is simply not supported by the evidence.
Reaction to President Trump’s tweet was mostly surprise. While conservative circles welcomed the move, news outlets, advocacy groups, members of the US Armed Forces and private citizens have all expressed their ire, frustration, and disbelief at the transgender military ban. What is more disturbing than this sudden announcement are the potential effects of President Trump’s statement on the lives of transgendered Americans. It serves as an illustration of discrimination and oppression of transgender people in general. This attack and other attacks like it, while disguised in seemingly innocuous rationale such as “medical costs” and unit “disruption”, do real and tangible damage to transgender persons. Reaching equality for transgender persons has just become more difficult.
Flint Water Crisis is ongoing. Source: George Thomas, Creative Commons
“Nothing that has been uncovered to date suggests that anyone intended to poison the people of Flint” (Michigan Civil Rights Commission, 2017). The Flint Water Crisis: Systemic Racism Through the Lens of Flint report was authored in response to the growing cries from community members, government officials, victims, and bystanders concerned with the abject lack of proper response to Flint water crisis which began roughly at the middle of 2014. The Flint Water Crisis, nationally and internationally infamous for the beleaguered and dangerous handling by all levels of government, has been documented, historicized, lectured upon, and dissected from news publishers, academics institutions, watchdog groups, government organizations, and everyone in between. The bottom line is government officials cut costs in water sanitation and pipe replacements, the consequences of which sparked a full-blown state of emergency, and finally culminated in the deaths of Flint citizens from Legionnaire’s disease and other complications from the consumption of unclean water; those implicated range from District Water Supervisor Busch to Michigan Governor Rick Snyder. The failings in Flint, as argued by the Michigan Civil Rights Commission, extend far beyond the ineptitude of handfuls of government officials and their lack of planning or preparedness. The requisite conditions necessary for a crisis of this magnitude festered many years ago, perhaps as far back as the US Supreme Court’s ruling in Plessy v. Ferguson. Flint’s problems are institutional and systemic, and unfortunately, it took a catastrophe to bring these issues to the surface.
Structural racialization is understood as the tendency for social groups to “organize around structures that produce discriminatory results… without themselves possessing any personal animus” (Michigan Civil Rights Commission, 2017). In other words, an individual can actively contribute to community systems that result in suppression without actually harboring ill will to the victims of suppression themselves. Ignorance/implicit bias, according to john a. powell (2010), is the primary driver behind structural racialization and its horrifying consequences. Implicit bias–directly linked to structural racialization–sustains the longevity of the structures which cause discrimination, and these structures are kept alive only if the contributors to the structures are unaware of the malevolent consequences of the structures themselves (powell, 2010). In the case of Flint, structural racialization began many years before the water crisis, and these implicit, racial structures ensured destruction from the crisis unfairly affected largely black, poor, politically unconnected individuals in the Flint area (Michigan Civil Rights Commission, 2017). Using the term ‘structural racialization’ to describe a public health catastrophe, such as the Flint Water Crisis, offers no binding legal or moral prescription. There is no way to sue a ‘structure’ for unfair or discriminatory harm. The structure, in these cases, is reciprocally determined by every individual who unknowingly benefits from the structure and does not actively fight against the structure’s survival (powell, 2010). The case of Flint is rife with example. Contribution to underlying power structures such as these begins with implicit bias- it is the first stronghold keeping the structure in place. Implicit bias, by definition, is unseen and unfelt. In this case, the denizens of Flint and the surrounding areas had no awareness of their complicity in structural racialization. Without this awareness, there can be no hope to fight it.
Beyond the psychology of the issue is the legalistic support of structural racialization. In Flint, this involves segregated housing. The 1900-1930s saw a time of deeply-seated racist and discriminatory housing market practices that forcibly shepherded blacks and poorer whites into select neighborhoods in Flint. These were effectively ‘ghettos’ and ensured black renters and homeowners were segregated from whites (Michigan Civil Rights Commission, 2017). Fast forward to present day: the neighborhoods hit hardest by the Water Crisis are neighborhoods that historically have belonged to poor and black renters and homeowners. Racist business practices in the Jim Crow era exacerbated the loss and destruction felt by black and poor Flint citizens in the present day.
Flint Water Crisis. Source: Renee B, Creative Commons.
This is not to say the black community in Flint is the only one to feel the deleterious effects of the water crisis. This public health emergency does not discriminate along ethnic lines. The discriminatory practices that trapped black Flint citizens holds that honor alone. In 2017, a full three years after the crisis began, clean water is still an issue in Flint. What do we tell the citizens of Flint? How can they take civic action to expedite the process of returning to ‘normal’ life post-crisis? Diana Francis, noted peacemaker and democracy advocate, espouses the concept of ‘speaking truth to power’. This notion contends people–everyday concerned citizens–are the impetus of action in situational injustice. Indeed, the recent criminal charges brought against Flint city administrators and politicians show a ‘top-down’ approach to this crisis is both unrealistic and ineffective. For Francis, the true heroes in this story are citizens affected by and emphatic to the crisis. Examining the normative response to Flint reveals a public willing to undertake protest and direct action, and a public expecting a direct confrontation with the individuals and systemic structures responsible for this crisis. Here are some examples: a music festival raising awareness and money for the victims of Flint, national groups donating time and energy to provide resources to disenfranchised Fint citizens, whistleblowers risking their livlihoods to make the crisis public, and academics donating their skills to investigating the crisis itself. These civil society actors may hold the key to eliminating the effects of the Flint water crisis and eradicating the conditions that precipitated the crisis in the first place. Of course, this empowered response is not an assumed reaction.
In the face of a fully-fledged public health emergency, many citizens in Flint did not feel any semblance of trust in their elected officials to mitigate the crisis without state- or national-level intervention. Without this trust, the citizens may have felt unable or ineffective to act against the discriminatory power structures in Flint. This problem, unlike replacing pipes, cannot be ameliorated by federal funding or outside medical intervention. Addressing this collective distrust will involve some form of cultural transformation. These deeper fixes must involve the access to elected officials the general public has and the public’s ability to provide continuous feedback to these officials. At several times in the Michigan Civil Rights Commission (2017), citizens of Flint (of all ethnicities) went on the record saying their concerns regarding water safety went unaddressed due to many factors, such as:
1) no knowledge of how to reach elected officials,
2) feeling their complaints were ‘unheard’ or ‘unseen’ to those who could help the situation,
3) fear of retaliation if undocumented immigrants or individuals with criminal records came forward with concerns, and
4) willful neglect on the part of government officials who simply did not feel accountable for the plights of minorities (involving both ethnicity and socioeconomic status) in the Flint area.
January 19, 2016 Lansing Protest against Gov Snyder regarding Flint Water Crisis. Source: nic antaya, Creative Commons
Moving forward, how can both human rights advocates and ordinary citizens protect rights equally in all corners of the globe and also address the grievances of individuals in Flint? A shift towards environmental justice may be the answer. This term means two things. First, all persons, regardless of identifying characteristics (ethnicity, gender identity, sexual orientation, income level, etc.) have the right to enjoy the environment equally. Second, the responsibility of civic participation in the protection and maintenance of the environment belongs to all persons (Michigan Civil Rights Commission, 2017). Environmental justice takes its cue from Third Generation Human Rights (aka right to the environment) and adds the necessary ingredient of civic participation. As I have stated previously on this blog, human rights are protected by “people, not documents”. Given the second caveat of environmental justice, what happens if ordinary people have no avenue to address a public health hazard? A crisis like Flint erupts. What conditions predicate an inability to make these addresses? This post contends a key condition is structural racialization. Addressing the massive failures apparent in the Flint Water Crisis moves far beyond faulty equipment and the Flint city administration’s glacial response time. Addressing this egregious human rights violation requires analysis going back at least a century in order to fully understand the complex interaction between history and the present. Furthermore, the only long-term, stable solution to this issue is to equip the citizens of Flint with inexperienced political power and know-how. This may include any of the following: a free, fair, and frequent election process; a truly representative (i.e. ethnicity, socio-economic status) local administration; a political mechanism by which citizens can openly voice public health concerns; and funding available in case large-scale crises such as these emerge. Environmental justice in Flint, Michigan will only be achieved when the insidious structures barring unfettered access to a clean environment and free critique of those hindering this access are dismantled in their entirety.
Inside of the UN General Assembly Hall. Photo by Tyler Goodwin
As I reported to the United Nations for my first day of actual volunteering, I felt enwrapped by excitement, anticipation and fear. Working at the United Nations had been a goal of mine for years, and after a tour of the UN just a couple of months before, I left telling myself that my long nights of studying and research for my masters in the anthropology of peace and human rights would be worth it. That May morning, when I walked into the UN, with a purpose, not just as a visitor, I felt important and like I was on my way to making it. At the end of the experience, however, I had other career goals in mind.
Personally, one of the most memorable parts of the whole experience came on that first morning, when my coworker and fellow graduate student, Ajanet Rountree, made me march onto the floor of the General Assembly Hall to find the volunteer coordinator, Fred Doulton. The security guard told me when I walked in that I strictly was to stay off the floor, as those spots were reserved for state representatives and UN workers. Ajanet spotted Fred, and her confidence led me to where I needed to be. Stepping onto the plush green floors of the General Assembly was electrifying; I simultaneously felt like somebody, as tour groups walked across the upper floor, and nobody, as I walked past ambassadors and other state representatives. I am particularly thankful for that moment and the ability to witness such an intricate and important session.
During the opening session when states stated their progress since the last conference, I became aware of the many moving pieces and challenges states must grapple with in advocating for the rights of persons with disabilities. Lack of awareness and resources as well as increased social exclusion have all impeded progress in protecting and ensuring rights of persons with disabilities. Many nations implored the other members of the conference for more concrete data on persons with disabilities in order to better tailor advocacy measures to persons with disabilities. However, the second session I took notes on truly opened my eyes to the other pieces of the advocacy puzzle, in addition to states, and tempered my opinion of a United Nations career as the ultimate goal for a human rights worker.
My second volunteer session incorporated statements given by several nongovernmental organizations. These organizations seemed to have specific goals and methods of implementation that might drastically improve lives of persons with disabilities. I realized that a great deal of the accomplishments that states reported on were often directly because of the work of NGOs. I previously thought of work with NGos as stepping stones to the ultimate career with the United Nations. And while working at the United Nations is still a career goal of mine, I have come to realize that meaningful necessary work is not a stepping stone, but rather the ultimate career in and of itself. When I heard NGO workers talk about the most important aspects of rights of persons with disabilities, I left feeling personally challenged to advocate for others in an inclusive manner that promotes full participation and addresses the impact of multiple discriminators on persons with disabilities, specifically women and children. I realized that day that no matter the name on the door, doing good work for people would always be admirable.
Before volunteering at the United Nations’ Conference of State Parties on the Rights of Persons with Disabilities, I do not think rights of persons with disabilities were at the forefront of my mind of imminently pressing human rights issues. My previous studies have mostly focused on the rights of persons in areas of conflict, and those studies more specifically have been focused on the right to life. But following my experience volunteering at the Conference of State Parties on the Rights of Persons with Disabilities, I left having learned that any study on human rights violations should be inclusive of the particular violations persons with disabilities face. I left feeling a call to action, to advocate for persons with disabilities by listening to persons with disabilities, hearing their opinions, and acting accordingly. As I returned to UAB and Birmingham, I operate with a heightened sense of the lack of accessibility in our city, and I feel equipped with the drive and tools afforded me through my week at the UN to do something about it.
Venezuela riot San Cristobal protest. Source: ビッグアップジャパン, Creative Commons.
Venezuela is not free. The Freedom in the World 2017 Profile rates their overall freedom status as Not Free with an aggregate score of 30/100. The most recent anti-government protests have persisted for eight weeks with a rising death toll of at least 60 as of Monday 29 May, as the far too often and routine clashes between protesters and police continue. Violence has heightened in recent days as the opposition marches for its four key demands:
removal of the Supreme Court justices who issued the ruling on March 29th;
general elections in 2017 (rather than 2018);
creation of a “humanitarian channel” to allow the import of medication to counter severe shortages; and
release of all the “political prisoners”
Both the government and opposition accuse each other of sending armed groups to sow violence during demonstrations. President Maduro has even gone as far as to accuse the opposition of terrorism. Food and medicine shortages plague the citizens of Venezuela as they struggle to fight for their own freedom and basic human rights. Many sources say the country is on the brink of collapse.
Consistent political tension has existed in the country since the death of former leader of the United Socialist Party (PSUV) Hugo Chaves in 2013, when President Nicolas Maduro came to power. The election left the country split into Chavistas (followers of the socialist policies of the late President Chaves) and those who wish to see an end to the PSUV’s 18 years in power. Opposition members claim the PSUV has eroded Venezuela’s democratic institutions and mismanaged its economy. In turn, Chavistas point the finger at the opposition for being elitists, who exploit poor Venezuelans for personal financial gain. Additionally, Chavistas allege that opposition leaders are in the pay of the United States, with whom Venezuela has had strained relations in recent years.
In early 2014, Venezuelan government began to respond to anti-government protests with brutal force. Security forces used excessive force against unarmed protesters and bystanders. These forces tolerated and even, at times, collaborated directly with armed pro-government gangs that violently assaulted protesters. Those detained and held incommunicado on military bases for at least 48 hours before appearing before a judge. In some cases, detainees were subject to severe beating, electric shocks or burns, and forced to squat or kneel for hours.
Maduro, in July 2015, deployed over 80,000 members of security forces in “Operation People’s Liberation” (OLP) to confront “rising security concerns”. Following raids in low-income and immigrant communities by both police and military forces resulted in public accusations of abuse, including extrajudicial killings, mass arbitrary detentions, maltreatment of detainees, forced evictions, the destruction of homes, and arbitrary deportations. The following February, Attorney General Luisa Ortega Diaz announced that 245 people had been killed in OLP raids during 2015 in “incidents in which ‘members of various security forces participated’”. Government cited that “those killed died during ‘confrontations’ with armed criminals,” despite witness accounts in at least 20 cases that do not include any sort of confrontation.
Policemen from the Bolivarian National Police watching protesters in Maracaibo. Source: Global Panorama, Creative Commons.
Human Rights Watch World Report on Venezuela (HRW) reveals tensions have only increased as arbitrary prosecution of political opponents has become more frequent and forceful. Leopoldo Lopez, an opposition leader, is serving a 13-year sentence in military prison for his alleged role in inciting violence during a demonstration in Caracas in February 2014, despite the lack of any credible evidence linking him to a crime. Several others arrested arbitrarily in connection to anti-government protests in 2014, remain detained or under house arrest while awaiting trial. The Bolivarian National Intelligence Service (SEBIN) detained dozens of individuals in 2016, citing they were planning, fomenting, or participating in violent anti-government actions, although many were, in fact, peaceful protests. Many detainees claim they were tortured or abused in custody. Detainees also report they were unable to speak with their families or attorneys for hours and/or days after their detaining. In many cases, much like Lopez’s, prosecutors failed to produces any plausible evidence associating charged persons with the crimes of which they were accused. Courts consider the possession of political materials, including pamphlets calling for the release of political prisoners, credible evidence in some cases.
HRW suggests Venezuela’s national distress heightened as “severe shortages of medicines and medical supplies make it extremely difficult for Venezuelans to obtain essential medical care”. In August 2016, a network of medical residents from public hospitals countrywide reported severe shortages of medicines in 76% of surveyed hospitals as compared to 67% the year before. Researchers found that infant and maternal mortality rates in 2016 were significantly higher than in previous years. Severe food shortages have made it extraordinarily problematic for many people to obtain adequate nutrition. Civil society groups and two Venezuelan universities conducted a survey in 2015 in which “87 percent of interviewees nationwide—most from low-income households—said they had difficulty purchasing food” and “[t]welve percent were eating two or fewer meals a day”.
The UN Human Rights Council scrutinized Venezuela’s human rights record in November 2016. Numerous states “urged Venezuela to cooperate with UN special procedures by addressing arbitrary detention, lack of judicial independence, and shortages of medicine and food; releasing persons detained for political reasons; respecting freedom of expression, association, and peaceful assembly; and ensuring that human rights defenders can conduct their work without reprisals”. Unfortunately, Venezuela has actively voted against the scrutiny of human rights violations as a member of the UN Human Rights Council, and has opposed resolutions associated with human rights abuses in North Korea, Syria, Belarus, and Iran.
The Venezuelan government has downplayed the severity of the country’s current state of crisis. Efforts to alleviate shortages have not been successful and have limited efforts to obtain available international humanitarian assistance. Measures taken by the Venezuelan government to restrict international funding of non-governmental organizations, along with unsubstantiated accusations by government officials and supporters that human rights defenders are seeking to undermine Venezuelan democracy, creates a hostile environment that restricts civil society groups from effectively promoting human rights. In early 2016, Maduro issued “a presidential decree that—in addition to declaring a ‘state of exception’ and granting himself the power to suspend rights—instructed the Foreign Affairs Ministry to suspend all agreements providing foreign funding to individuals or organizations when ‘it is presumed’ that such agreements ‘are used for political purposes or to destabilize the Republic’” (Venezuela, 2017). Maduro received two extensions to the state of exception – in September and in November.
A surprise announcement by the Venezuelan Supreme Court on March 29, 2017 was a key catalyst in sparking the current anti-government protest. The announcement disclosed that the Court would take over the powers of the opposition-controlled National Assembly–a ruling the opposition claimed would undermine the country’s separation of powers and push Venezuela one-step closer to a one-man, dictatorial rule under Maduro. The Court argued that the National Assembly had disregarded previous Court rulings and was therefore in contempt. Three days later, the Court reversed its ruling. This reversal, unfortunately, did not bring any relief to the overwhelming distrust of the Court by opposition members.
In early May 2017, discussion of creating a new constitution began as Maduro sought to make a move following the earlier days of the prolonged protest. The president has taken steps, including signing a document establishing the terms for electing the member of a “constituent assembly”, tasked with the drafting of a new constitution.
Citizens of Venezuela persist in their efforts to demand access to basic human rights and civil liberties. Doctors rallied in the ongoing protest to address their own frustration with the current crisis. Over a thousand health care workers and opposition sympathizers marched towards the health ministry in Caracas. Police fired tear gas to drive them back, in scenes all too familiar after weeks of unrest. One protester, a 50-year old surgeon, says, “One is always afraid to come out, but we will carry on doing it until there is a change”. Despite a belief that the opposition party is plotting a coup against him, President Maduro has called for a “march for peace”. Venezuelans and the world await his plans to bring peace to fruition.
Works Cited
Freedom in the World 2017: Venezuela Profile. (2017). Retrieved May 2017, from Freedom House:https://freedomhouse.org/report/freedom-world/2017/venezuela (2017). Venezuela. New York, NY: Human Rights Watch.
Venezuela Crisis: What is Behind the Turmoil. (2017, May 4). Retrieved from BBC News: http://www.bbc.com/news/world-latin-america-36319877
Venezuela Leader Launches Constitution Overhaul. (2017, May 23). Retrieved May 2017, from TRT World: http://www.trtworld.com/americas/venezuela-leader-launches-constitution-overhaul-363182
Venezuela Protests Continue with Rally bt Health Care Workers. (2017, May 22). Retrieved from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416
Venezuela Protests Continue with Rally by HealthCare Workers. (2017, May 22). Retrieved May 2017,from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416
Native American Headdress. Source: Chris Parfitt, Creative Commons.
Genocide is the systematic destruction of peoples based on ethnicity, religion, nationality, or race. It is the culmination of human rights violations. There are numerous examples of genocide throughout history, some being more infamous than others. For example, Hitler and the Jewish Holocaust is probably the most well-known case of genocide in modern history. There are other cases that are not as well known, especially in our American culture where, historically, we tend to focus on the atrocities of others and ignore our own. One such case is Native American genocide by European colonists, and later, the United States government. The purpose of this blog is to objectively examine a few of cases of genocide against Native American peoples, by European settlers and the United States government, and understand why they occurred.
Thanksgiving, a traditional holiday in the United States, would not have been possible without the Algonquian tribes that befriended early English and Dutch settlers in the New World. In fact, many early 17th century European settlers died, in the first few years of colonization, due to starvation and disease. Turkey, pumpkin and Indian corn are three traditional foods of Thanksgiving were actually introduced to the Pilgrims by the Algonquians. Initially, some of these foods were foreign to the struggling European colonists. However, over the course of several years, the colonists learned how to survive in their new environment with the help of their Native American neighbors. The first Thanksgiving was a three-day harvest festival, with ninety-one “savages” in attendance, who gifted the Pilgrims with five freshly killed deer, as their contribution to the festivities. The Pilgrims were impressed with the deer, one noting that it would have taken them (the colonists) a week to hunt five deer, yet the “savages” accomplished this in one day (Heath 82). The Pilgrims viewed their Native American neighbors as “savages” due to ethnocentrism and a worldview based on natural law, or a natural hierarchy based on God’s design. This hierarchy is a Eurocentric philosophy placing the white man as superior and other races, such as, Black, Asian and Native American as inferior.
Source: Mike Licht, Creative Commons
In the following years, as the alliance between the colonists at Plymouth and their Native American neighbors grew, social conflicts began to erupt. The death of Captain John Stone was the first misunderstanding between the Pequot, a neighboring tribe, and the Puritans. There was a failure in justice, as the Puritans saw it, as they wanted the Pequot responsible for Jones’ death to face English law, rather than allow the Pequot to administer justice themselves. Also, one must take into account how the Pequot were viewed by the Puritans as “savages”. This affected how the Puritans interpreted the actions of the Pequot and their place in God’s plan. These views were first reinforced through ignorance of medical knowledge. The pandemic of 1617-1619 killed many Puritans as well as Native Americans, and served to reinforce a worldview based on religious mysticism rather than objective knowledge. Neither the Puritans nor the Native Americans understood how disease was transmitted. This lack of knowledge made it difficult to comprehend their susceptibility, due to a compromised immune system, to foreign microorganisms. The Puritans being affected by the New World microorganisms and the Indians succumbing to European microorganisms brought by the colonists fostered distrust, accusation, and death (Cave 15).
The Puritan worldview consisted of two parties: God’s party being white; Satan’s party being dark, heathen and doomed. The New World was a spiritual battleground, and it is amazing that peace lasted as long as it did, with war being the primary vehicle of God’s deliverance and justice, in the Puritan mind. In short, the Pequot War was a war of misunderstandings and natural law, in which the Puritans were righteous and justified, while the Pequot were heathens, soldiers of Satan, and inhuman (Cave 18). The Pequot War lasted almost a year, from 1636 to 1637, with both parties being experienced warriors. In the end, the Pequot were defeated and this relatively short, small-scale conflict served to justify the killing of Native Americans by creating an image of untrustworthy savages that were plotting to destroy those doing God’s work in the New World. This became the bedrock of American frontier mythology (Cave 168).
The Pequot were not the last Native American tribe in New England to suffer what the Puritans believed to be divine mandated justice. The Narragansetts and the Wampanoags, once friends of the English in the early 17th century, both discovered, before the end of that century, that the Puritan conception of God’s providential plan for New England left no room to assert Native American autonomy. Such assertions were an offense to the Puritan sense of mission. As the population ratio between the English and the Native Americans in New England shifted in favor of the English, the Puritans authorities became increasingly overbearing in their dealings with their Native American counterparts. Puritan Indian policy, from its inception, was driven by the conviction that if Puritans remained faithful to their covenant with God, they were destined to replace the Indians as masters of New England. By the end of the 17th century, economic changes, such as the declining importance of the fur trade and the expansion of English agriculture and industry, effectively reduced the need for Indian commerce, further jeopardizing the status of Native American communities in New England (Cave 174).
The intolerance of Indian cultures reflected essential elements of the Puritan worldview as a struggle between heathen savagery and Christian civilization. Puritan ideology was founded on three premises, which later translated into vital elements of the mythology of the American West. The first was the image of the Native American as primitive, dark and of evil intent. The second was the portrayal of the Indian fighter as an agent of God and of progress, redeeming the land through righteous violence. And finally, the justification of the expropriation of Indian resources and the extinction of Indian sovereignty as security measures necessitated by their presumed savagery (Cave 176).
By the 19th century, this mythology began to reflect itself within Unites States governmental policy, during the presidency of Andrew Jackson. The United States went through a major reorientation in race relations during this time. The growing abolition movement led the way to the sectionalism of the Civil War and the consequent emancipation of the slaves. This dramatic transformation in racial policy did not include the Native American tribes of the Southeastern United States (Cherokees, Creeks, Choctaws, Chickasaws and Seminoles), who were considered “the most civilized tribes in America” because of their adoption of the agricultural system of their white neighbors, including the institution of black chattel slavery (McLoughlin xii). By 1838, the Cherokees were forcibly expelled from their ancestral homeland and relocated to the Oklahoma territory, by way of what is now known as the Trail of Tears. The Cherokee tried to prevent this and maintain their sovereign “nation” by adopting a constitution, based on that of the United States, to govern their own land under laws and elected officials. At the same time, the sovereign state of Georgia was attempting to abolish the Cherokee Nation and incorporate the Cherokee under their own laws. Andrew Jackson became president in 1828 and one of his first priorities was to resolve this issue.
Jackson, being a slave owner and a renowned Indian fighter of the Western frontier, sided with Georgia, supporting states’ rights to supersede treaty rights. The issue was brought before the Supreme Court twice, once in 1831 in Cherokee Nation vs. Georgia and again in 1832 in Worchester vs. Georgia. Chief Justice John Marshall described the Cherokees as “a domestic, dependent nation” and he proclaimed the unconstitutionality of Georgia’s laws, asserting that federal authority overruled states’ rights regarding Indian treaties. However, Jackson had already persuaded Congress to pass the Indian Removal Act in 1830 that made it virtually impossible for any eastern tribe to escape ceding its land and moving to “Indian territory”, west of the Mississippi River (McLoughlin 2). It is worth noting that, in modern times, these acts would be violations of U.N. Charter, Article 1.2 which asserts, “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”.
Source: John Perry, Creative Commons
Thus, in 1838, the Cherokee were forced from their land and “escorted” west. The trip was estimated to take eighty days, but some of the contingents took almost twice as long due to inclement winter weather, unrelenting sickness because of exposure, and dangerous ice flows while crossing the Mississippi River. Before the Cherokee left on this epic trek, almost 1,500 had died from epidemics in the camps they were housed in; another 1600 died on the journey. As a result of their weakened condition, along with the absence of housing and food, many more died soon after reaching their destination. The United States government had guaranteed supplies for the Cherokee’s new home, for a year after their arrival, but rations were hired out to private contractors who made extra profits by providing less than they had agreed to supply. Oftentimes, what they did provide was rotten meat and moldy corn and flour (McLoughlin 7).
In current times, the Dakota Access Pipeline represents another affront to Native American sovereignty and further marginalization of Native American peoples; in this instance, the Sioux tribe located in Standing Rock, North Dakota. There are two primary issues the Sioux have against the pipeline: The pipeline will contaminate drinking water and damage sacred burial sites. Originally, the pipeline was designed to go through Bismarck, North Dakota but was rejected by the citizens there because they didn’t want to risk contaminating their drinking water. The ensuing Standing Rock protests that took place, after the pipeline was redirected through Sioux land, arguing they deserve the same rights and considerations as the citizens of Bismarck.
Throughout American history, the treatment of indigenous Native Americans has violated numerous articles of the United Nations Universal Declaration of Human Rights. These violations resulted in the loss of numerous Native American homelands, the Cherokee being only one example, and the genocide of numerous other smaller tribes since the beginning of European colonization. This is largely due to Eurocentric ideals, like the natural law of the Puritan worldview, which elevates the status of European peoples over that of indigenous, Native American peoples through a biased worldview. This mindset is so pervasive and powerful that it still prevails today, evidenced by modern films and television that paint Native American tribes as savage, ignorant and of ill intent toward the “white man”, and the policies of the current United States government. These governmental policies have resulted in the alienation and marginalization of Native American peoples throughout American history. These violations include the removal of Native Americans from their traditional homeland to reservations, oftentimes very far away from their ancestral lands, and in many cases, the genocide of Native American tribes altogether. The violations were masked in the form of “treaties” between indigenous tribes and the U.S. government, though these treaties were often a choice between the survival of a tribe or their complete and utter destruction. In short, the Native American tribes were never in a position, or held enough power, to ever guarantee a fair deal with the U.S. government in these negotiations. The result of this imbalance of power and lack of respect manifested itself in the form of genocide and the loss of human rights, and their homelands, for many indigenous peoples of North America.
References:
Cave, A. A. (1996). The Pequot War. The University of Massachusetts Press.
Heath, D. B. (1963). A Journal of the Pilgrims at Plymouth. Corinth Books, Inc.
McLoughlin, W. G. (1993). After the Trail of Tears. The University of North Carolina Press.
The nation and people of Tibet are hardly on anyone’s radar during most of the year because the atrocities here remain overshadowed by the happenings in other places like Syria or Sudan. Ven. Geshe Lhakdor, translator to His Holiness the Dalai Lama and directory of the library of Tibetan Works and Archives, lectured here last Tuesday. Using the Compassion in Exile DVDas the basis for this blog, I will shed light on the plight of Tibetans.
Tibet – Lhasa. Source: Göran Höglund (Kartläsarn), Creative Commons.
The People’s Republic of China (PRC) has systematically eradicated the people of Tibet since 1950. The invasion of Tibet by the PRC army, under the guise of liberation, took place in 1950 because of its natural resources, wealth, and geopolitical high ground; an invasion meant the doubling the land mass for the Chinese empire. Sixteen year-old Tenzin Gyatso assumed leadership responsibility of the Tibetan people, culture, and traditions as the 14th Dalai Lama. For eight years, he attempted to protect the Tibetan identity. However, in 1959, the intimidation tactics and brute force of the Chinese, overtake the land and push the Tibetans–known for their peaceful and gentle nature–to flee to India.
His Holiness the 14th Dalai Lama is the spiritual leader and head of state of the Tibetan people. He is also a refugee. Living in exile in Dharamsala, India with millions of Tibetans desirous of the maintenance and preservation of their identity, he is the source of their hope. The flood of refugees continues into India where the people can practice religion, maintain culture, and glean from their cherished leader. A faithful followers says, “When His Holiness fled to India, it was as if the sun went down in Tibet… we were living in darkness.” His manner is one of humble laughter. His thoughts are on the consciousness; many believe he is the incarnation of compassion. He is a man seeking to fix thing. Tendzin Choegual, his younger brother, claims, “His Holiness has moral power, which the world used to have before but, right now it is overshadowed by political power. And whatever he does it is based on goodness of maximum number of human beings; so it’s based on altruism.” Michael C. Davis assigns peaceful resistors as a characteristic of the people and government. Tibetans, following the example of His Holiness, are nonviolent and compassionate people despite their oppressive struggle. He asserts the notion that many indigenous cultures, particularly Tibet, sustain periods of repression, resistance, and resilience as they pursue identity.
The PRC signed the UN Declaration on the Rights of Indigenous People (DRIPS) in 2007. Articles 1-3 of DRIPS guarantees autonomy, self-determination, and the right to enjoy all human and fundamental freedoms. Tibet has a government in exile. An exiled government possesses the power of governing and leading, but has no authority to legitimacy because there is no territory over which to govern. For more than 50 years, His Holiness the Dalai Lama symbolizes resistance to an authoritarian regime. This nonviolent protest spawned a “conspiracy of silence” that generated rejection of His Holiness the Dalai Lama as a political leader, for more than 30 years. The conspiracy of silence–fear of Chinese government backlash if/when recognizing the people, traditions, and culture of Tibetans—created a vacuum of turning a complicit blind-eye, allowing China to continue the human rights atrocities against the Tibetans. “Our only hope is to rely on the outside world, and people from free countries”, the Dalai Lama revealed.
US Foreign Policy has participated in the conspiracy of silence, yet a change seemed to arrive in the early 90s. During a 1991 visit to US Congress, the Dalai Lama pronounced, “Here I enjoy the freedom of speech, the freedom of thought, and the freedom of movement. When I was about 15, I lost that freedom”; freedoms identified within the Universal Declaration of Human Rights because they are universal, inalienable, and indivisible. Kent Wiedemann of US State Department Head of the China desk, stated, “Official US policy has consistently regarded Tibet as a part of China, although an autonomous region within China. We have no evidence at this point that the Chinese government is engaged in any policies or any actions aimed at wiping out the Tibetans, or in short, reflecting apolicy of genocide, either against the Tibetan people themselves or against their culture.” When asked about self-determination for the Tibetan people, he stared blankly at the camera before smiling without an answer. No country possesses a policy of genocide. Genocide, as noted in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, is the deliberate killing of a large group of people, especially those of a particular ethnic group or nation. When reflecting on genocide, most people know of and point to Rwanda, Cambodia, and the Holocaust. The filmmakers attribute genocide to the behaviors of the Chinese towards the Tibetans, while the international community has not. Ellen Bork, in her 2012 article, “Will Washington Take a Stand”, questions Washington’s commitment to the plight of the Tibetans because of its relationship with China. She argues that the past is a representation of the future when it comes to the US’ failure to champion Tibet against China.
Monks. Source: Andrew Dyson, Creative Commons.
Rhoda Howard-Hassmann stresses there are three key contributing elements in the complex subject of human rights: criticism within the field, identity politics and their expression, and the volatile nature of violations as a precursor to genocide. First, criticism is located, specifically, in the habit of denying the universality, indivisibility, and interdependent nature of human rights. Second, identity politics, particularly in terms of a Western versus non-Western dichotomy, utilizes time as the unseen factor to frame the past, the present, and the future. Lastly, genocide is a byproduct of the symptomatic human rights violations, compounded by criticism and inadequate remembrance of time. The combination of these components permits the complication of Western and non-Western human rights discourse to fail in recognizing rights as universal. This failure, she contends, leads to habitual and unaccountable violations, that if unchecked, have the potential to manifest in genocide.
“Each time I talk of what I saw in Tibet, I have to be in tears.” – Jetsun Pema, the younger sister of His Holiness the Dalai Lama
Human rights violations began following the Dalai Lama’s visit with Chairman Mao Tse-tung in China, first in the form of religious prosecution. At 19, His Holiness argued for the fate of Tibet. Mao believed religion was poison and damage for the country, plaguing the population and potential material development. The Chinese sought to destroy religion through the destruction of monasteries, which were also schools and universities, libraries and hospitals. The goal was to abolish the depths of understanding that comes from training the mind. His Holiness affirms that Tibetan Buddhism is not simply about the religious aspect but the technique of training and settling the body and mind, as a method and tenet that can benefit humanity. One believer cries, “Although the Chinese say there is freedom of religion, they don’t allow us to practice our faith.” The practice of Tibetan Buddhism is safe outside of Tibet.
In the film, His Holiness cites two things–immeasurable human rights violations in the form of torture, beatings, and killings, and population transfer in the form of birth control—as most pressing for Tibetans. Imprisonment and torture is the judgment for Tibetans expressing a strong cultural identity. Rape is a weapon of intimidation against Tibetan women and girls, and sterilization as a means of forced birth control, including on women pregnant in their final trimester. Additionally, due to the decimation of monasteries, Tibetans parents, living in under occupation, often send their children over the Himalayas into India in order to have a chance at living in freedom and gaining an education. In an effort to continue cultural identity with a modern understanding of the world, school lectures consist of music, drama and philosophy, in addition to the rituals and religious ideals of Buddhism. It is a similar education path to His Holiness, who achieved his degree while leading a nation under occupation.
Les chevaux de vent. Source: So_P, Creative Commons.
Fang Lizhi in a 1991 speech remarked that Tibetan culture continues to survive because of the resilience of the people, and a mutual respect “between fair-minded people” on a personal level, though not on a political one. “Even though many Tibetans see the Hans as being responsible for the destruction of Tibetan culture and religion, mutual respect is still strong on a personal level… we all want democracy. We both need democracy and human right if we are to find a way to live together peacefully, but something more is needed.” He continues by explaining the positives and negatives of nationalism, stating that commonality is located in a true comprehension of nationalism. Negative nationalism is suppressive, extremist, and leads to distrust and hatred, while positive nationalism is cohesive, cooperative, and leads to dialogue.
To Davis, the window for dialogue is closing on the Chinese. In March 2008, Tibetan demonstrators and rioters “offered a middle way” in the form of Tibetan Memorandum that sought negotiation for the restoration of independence and autonomy. An uninterested China refused to come to the table, arguing, “Tibet has always been an inseparable part of China”. Bork points out self-immolations have brought attention to the plight of Tibetans, providing a measure of symbolic and unwavering commitment to the restoration of Tibet. “China’s policies have provoked rather than crushed Tibetan resistance”, she proclaims.
Masahide Tsujimura states when His Holiness retired from politics in 2011, a unique expression describing the unity of polity and compassion was coined. Chos srid zung ‘brel has several definitions but ultimately boils down to the duality of religion politics manifest through compassion and nonviolence. “To the Dalai Lama, nonviolence and compassion are synonymous… Compassion is one of the most important concepts of Buddhism as a ‘religion’…[he] considers that compassion is common to all religions, and that everyone can be compassionate because no one wants to suffer. Compassion is also a ‘secular’ concept that implies mutual tolerance and respect for all faiths, as well as for those of no faith.” Tina Lauer points out political activism among second-generation Tibetans is seemingly second nature, some seeing it as a means for both preserving culture and identity, and cultivating commonality. Additionally, unlike their parents or grandparents, many second-generationers respect the Dalai Lama as a man—a political peacemaker like Mandela or Gandhi, rather than a ‘god’. The nonviolent ethic of Tibetans challenges the international narrative of normative strategic power-grabs without compromising their personal integrity,religious beliefs, and cultural identity.
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