According to the National Human Trafficking Hotline,“Sex trafficking is a form of modern-day slavery in which individuals perform commercial sex through the use of force, fraud, or coercion.”Sex trafficking has commonly been regarded as a human rights crisis that receives an inadequate amount of attention. However, recent news articles surrounding the arrest and conviction of musical artist R. Kelly have invoked national concern over the issue of sex trafficking rings. The arrest of R. Kelly highlighted how minors and members of marginalized groups are disproportionally affected by the sex trafficking industry and that the issue cannot go ignored by media outlets and the public. In 2019, nearly 70%of human trafficking victims in the U.S. were identified as either being sex trafficked, or victims of both forced labor and sexual exploitation. The High Court recently stated that 25 million people worldwide are not afforded their fundamental right to freedom; however, the International Labor Organization estimates the number of human trafficking victims to be approximately 40 million. It is difficult to maintain an accurate report of victims and survivors of human trafficking since cases are largely unreported.
Who is most at risk?
Although sex trafficking can happen to anyone, regardless of race, gender, or age, victims are most frequently identified as members of marginalized groups and communities. The National Human Trafficking Hotline stated that “56 percent of prostituted women were initially runaway youth.” Runaway and homeless youth often lack a strong support system making them especially vulnerable to becoming victims of trafficking. Since child participation in commercial sex acts of any capacity is illegal in the U.S. and many countries around the world, these children are a part of a strenuously handled special victims group. Other groups susceptible to human trafficking include those who have endured past traumatic events or violence because traffickers exploit trauma to control and attract their victims.
Trafficking in the Pandemic
In recent years, human trafficking has received less attention from the media and general public due to the Covid-19 pandemic occupying the majority of major news publications. The Covid-19 pandemic may have slightly paused our lives; however, the pandemic did not pause trafficking crimes as many law enforcement officials had hoped. Instead, traffickers have used the effects of the pandemic to their advantage. As many people are experiencing higher levels of economic and social vulnerability, there is consequentially a growing number of individuals put at a higher risk of becoming victims of trafficking. According to the U.S. Department of State, “COVID-19 mitigation efforts, such as stay-at-home orders and travel limitations, increased rates of gender-based violence and substance abuse, both of which put individuals at a higher risk of human traffickers exploiting them.”
Celebrity Sex Traffickers
American singer and songwriter R. Kelly has recently been accused and convicted of multiple sex trafficking crimes. With accounts that span over two decades, Kelly was found guilty of using his superstar status to bribe and blackmail women and children for sexual exploitation. Tellingly, prosecutors claimed that it was this “superstar” status that allowed Kelly to use his persona to hide his crimes, and his victims, in plain sight. On a CBS interview with Gayle King in September of 2021, Azriel Clary, who had been one of Kelly’s “girlfriends” for five years from the time she was just 17 years old, admitted that she had been heavily manipulated and abused both sexually and verbally, which she also stated while testifying in court against Kelly. Curry went on to say that she regretted defending, now 54-year-old Kelly, in a prior interview with CBS in 2019. Curry admitted that she had lied to Gayle King regarding the condition she and his other victims were enduring in an attempt to satisfy Kelly and out of fear for her own safety.
Unfortunately, R. Kelly’s case is not the first-or only -time famous artists or other celebrities have used their power to justify and attempt to get away with sexual crimes. One of the most famous of these cases involves financer Jeffrey Epstein, who was arrested in 2019 for his role in facilitating a sex trafficking ring on a private estate in the U.S. Virgin Islands. He was also convicted as a child sex offender due to his role in coercing minors into sexually exploitative acts as well. Some of Epstein’s famous acquaintances include former presidents Bill Clinton and Donald Trump, who each faced backlash for their connection to Epstein yet were not convicted for committing a crime. Regardless of their level of indictment, cases like these have raised questions regarding why so many celebrities feel that their A-list status increases their ability to disregard the law, and how many may be successful in getting away with various crimes due to their social power and other resources.
The fight against Sex Trafficking & #MuteRKelly
Many current anti-trafficking efforts have had to adapt swiftly amidst Covid-19 protocols and safety measures. According to the U.S. Department of State’s 2021 Trafficking in Persons Report, “governments and civil society organizations conducted in-depth research assessments on the impacts of COVID-19, leveraged technology as a method to address emerging trends, adapted policy approaches, and sought to expand protections for victims.” The anti-trafficking communities’ pivot has been essential in the continuous attempt to rescue and prevent victims from trafficking and the ongoing data assessment and research of current information.
Regarding R. Kelly’s case specifically, viewers of the accusations and trials have taken to the streets in protest and to social media in attempt to “#MuteRKelly” in support of his victims. Although the “MuteRKelly” movement was deemed by his own supporters as an unnecessary use of ‘cancel culture’ tactics, many have stood their ground that Kelly made no excusable offense and should face up to life in prison.
Bhutan is often referred to as an idyllic Himalayan nation, a land of peace and prosperity, happiness, and beauty. After visiting Bhutan in 2017, I was even more fascinated, and truly began to understand why the small, neutral country has been dubbed a “real-life Shangri-La”. It is the only nation in the world to measure annual success by Gross National Happiness, rather than Gross Domestic Product. It is also the only country to have a carbon-negative footprint, with extraordinary levels of hydropower and renewable energy production and a zero-tolerance policy for industrial development. Bhutan is rapidly decreasing poverty rates and increasing the middle-class population. Government programs have made education and trade school accessible to most citizens who desire it. Bhutan has managed to remain neutral for hundreds of years with a minimal military presence despite being nestled between two conflicting superpowers, India and China. Citizens of Bhutan enjoy the state’s extensive social welfare programs and are enamored with the royal family that abdicated power to allow a peaceful transition to a democratic system.
In short, the nation seems like a true paradise, where culture and tradition are preserved with love and care, where nature is respected and upheld, and where one can pursue life to the fullest in a land of prosperity and opportunity. When I had the opportunity to travel through Bhutan, I was stunned by the gorgeous landscape, nation, and culture. I was welcomed with clearer air than I thought possible, a colorful landscape filled with trees and prayer flags, and adorable buildings constructed in traditional Bhutanese fashion. The people were so happy, and talked passionately about their country, royal family, and culture. There is a strong sense of nationalistic pride, and from everything Bhutan boasts, it seemed to be entirely deserved. Our guide taught us about local customs, Bhutanese Buddhism, traditional dress and building style, and masterfully escorted us through the most beautiful aspects of Bhutan and its culture.
It was only after leaving that I learned of human rights abuses Bhutan so carefully hides from tourists. Our state-sanctioned tour guide was an instrument in how this flawless reputation has been skillfully crafted, and the execution was so perfect that nothing felt staged while I was there. I enjoyed the country within an intricate veil of ignorance, unaware of the atrocities that no one is allowed to see.
Bhutan may appear to be a nation without error, but the country has perpetrated major human rights violations since the 1980s. For four decades, the United Nations, Freedom House and Human Rights Watch have consistently criticized and exposed Bhutan’s human rights violations. The nation is limited by strict libel laws and a culture that is unwilling to speak negatively on the king or his policies. While free speech is protected under Bhutan’s constitution, it is rarely practiced and this self-censorship is coupled with a flawed judicial system that harshly punishes those found to be committing the dangerously broad charge of libel. In 2016, a Bhutanese reporter faced libel fines of up to 10 years salary for critiquing a prominent businessman on Facebook. With penalties like this, it is no wonder that citizens of Bhutan do not dare criticize the crown, even though free speech is allegedly protected. Bhutan has been on a Human Rights Watch list since the 80s due to prolific persecution of ethnic minorities. While Bhutan has received credit for its positive changes since transitioning into a democracy in 2008, they still have a long way to go before they can be considered a free nation.
Ethnic Cleansing Pre-Democracy
The horrific treatment of the Lhotshampa people in Bhutan is the most atrocious human rights violation known to be committed by the Bhutanese government. The Lhotshampa people are Bhutanese residents with Nepali ethnic backgrounds, who have lived in Bhutan for generations but still speak a separate dialect and have a differing culture from the majority in Bhutan. In order to understand the current plight of Nepali migrants in Bhutan, we must understand a little bit of the once-neighboring nation, Sikkim. Sikkim was once an established monarchical state with most of its population being of Mongolian/Tibetan descent as Sikkimese, just like the ethnic Bhutanese. However, Sikkim faced a mass migration of ethnic Nepalis (of Hindu and Indo-Aryan descent) that caused the people of Sikkim to become a minority in their own nation. Sikkim fell as an independent state and was annexed by India in the 1950s, and the leaders of Bhutan have used the fall of Sikkim as a fear-inspiring example ever since. It is this nationalism and fear of losing sovereignty to one of the superpower neighbor states that has created such a widely supported systemic oppression of the Lhotshampa people in Bhutan.
Bhutan faced its greatest human rights violations in the 1990s, as strong nationalism and resentment towards the Lhotshampa people came to a boiling point. The refugees crossed the border with tales of an ethnic cleansing occurring in Bhutan, stating they were given mere days to sell their homes and were marched from rural villages to Nepali refugee camps. The government’s forces accompanied the refugees across the border with loaded guns and photographers, and according to a Lhotshampa teen interviewed by the Human Rights Watch, “[They] told me to smile…He wanted to show that I was leaving my country willingly, happily, that I was not forced to leave”. It is estimated that the total number of refugees produced in the 1990s was just above 100,000, which is absolutely astounding when we look at Bhutan’s current national population of 780,000. While Bhutan is often portrayed as a modern “Shangri-La”, the seemingly idyllic Himalayan country created more refugees per capita than any other nation in the world in our recent history. Of those 100,000 refugees, 85% have now been rehoused in the United States.
Democratic Safeguards Fail
Despite the nation peacefully transitioning towards a democratic state in 2008, the new government has continued the systematic harassment of the minority group, even increasing certain anti-Lhotshampa policies. While the Lhotshampa are no longer persecuted as openly as they were in the early 1990s, they still face significant discrimination within the nation their families have called home for generations. Out of countless treaties currently in existence to protect and defend human rights, Bhutan has only signed two. Bhutan signed the Convention on the Rights of the Child (CRC) in 1990, and many within the international community argue that Bhutan has violated the convention due to the large population of children within the persecuted Lhotshampa refugees.
Perhaps the most recent evidence proving such discrimination came with Bhutan’s new constitution in 2008, when Lhotshampa people discovered their citizenship was up for debate, and access to passports and documentation became determined by financial, marriage, or literacy status, which is very reminiscent of the second-class citizenship African Americans faced in the United States. Some of the limitations imposed upon Lhotshampas with these targeted passport systems are the inability to travel internationally, which is a blatant violation of both the right to Freedom from Discrimination and the Right to Movement established in the Universal Declaration of Human Rights. One of the brilliantly cruel aspect of the passport stipulations is that while Lhotshampa people may freely leave the country, it is extremely unlikely that they will be allowed to return. For many, a trip to visit neighboring India or Nepal is the termination of calling Bhutan their home. Essentially, the Bhutanese government made it abundantly clear that Lhotshampas are not welcome in Bhutan.
In addition, while there is no clear law preventing Lhotshampas from purchasing property or moving freely within Bhutan itself, it is extremely unlikely in practice that Lhotshampas will be able to secure property or livelihoods outside of specific regions that have become socially designated for them. Bordering nations like Nepal continue to host new refugees fleeing a land many consider to be peaceful, sacred, and free of worldly troubles. Lhotshampas have continued to cross the Nepali border to refugee camps since 2008 purely out of desperation from lack of work or freedoms in Bhutan. Websites like these provide some much needed insight into the current plight of the Lhotshampas, as well as what life is like for those still awaiting rehousing inside of their temporary refugee camps.
How to Help
In order for change to be made, Bhutan needs continual pushes from the outside world. By spreading the true story of the Lhotshampa people and looking for ways to get involved, you are directly contributing to decades old efforts to ease the horrors they face. Creating action on any level is an excellent way to assist the Lhotshampa people and refugees like them. If you would like to donate or volunteer to assist Lhotshampa refugees, there are countless local and international efforts that will put anything you can give to great use. Reputable non-profits like Sewa USA use funds to provide necessities, transportation and employment help for Bhutanese refugees in the United States, and the World Food Programme uses donations to provide food and resources to Lhotshampas still displaced in refugee camps. Ultimately, resource-based aid is an excellent way to assist those who have been cruelly displaced and discriminated against, but only international pressure for domestic changes within Bhutan will be able to stop the persecution and prevent any more Lhotshampas from becoming refugees.
The Human Rights Watch collected evidence in between January and June 2020 that closely reviewed the trial cases of 75 alleged child offenders who were recruited by the Islamic State (ISIS). The cases had led to the misconstrued holding of the children, but upon review, the Human Rights Watch ordered the release of the children, using reasons like a lack of evidence and preventing double jeopardy, as well as provisions of Iraq’s amnesty law. The 2016 Iraq Amnesty Law offers amnesty to persons who can show that they joined ISIS or another terrorist group against their will and did not commit a serious offense prior to joining the group.For years, Iraqi and Kurdistan judicial authorities have charged hundreds of children with terrorism for alleged ISIS affiliation. Several of the charges have been based on the dubious accusations and forced confessions of these children, regardless of the extent of their involvement with ISIS, if any. Such behavior from authorities has led to an international norm that children recruited by armed groups should be treated as victims, first and foremost, not as criminals.
In January 2020, a committee formed under the Nineveh Federal Court of Appeal and Bar Association, consisting of a judge, a general prosecutor, and a social worker. This committee adjudicated the cases of suspects who were children at the time of their alleged alliance with ISIS. The approach taken by this committee was one of compassion and complied very well with acknowledging the human rights of these child suspects. In June 2020, Iraqi judicial authorities dissolved the committee, saying it had reviewed all the pending cases, but another committee in Nineveh, Iraq, continued adjudicating such cases. In August 2020, an anonymous source close to the Nineveh Bar Association told the Human Rights Watch that the committee had reviewed 300 case files before being disbanded in June. They convicted 202 people, dropped charges against and released 31, and pardoned and released 44 under Iraq’s 2016 Amnesty Law. Three cases were dropped because the defendant had already served a sentence for the same crime, so to not invoke double jeopardy, the committee permanently ceased proceedings against the three people.
The committee, unlike other Iraqi courts, attempted to review individual cases more fairly and better apply international standards. By doing so, it was able to convict the guilty and release the innocent, which Iraqi courts do not have the best record for. In the Iraqi-Kurdistan regions, children have been tried in Kurdistan and re-tried for the same crime in Baghdad-controlled territory, with courts ignoring whether or not the child had been acquitted or convicted and already served a sentence in Kurdistan.
This has been the case since the advent of ISIS in Iraq: hundreds of children have been charged with crimes of terror, and such convictions have been justified under Iraq’s 1983 Juvenile Welfare Act. The Act states that the minimum age of criminal responsibility is 9 in Iraq and 11 in the Kurdistan region. Children that are under 18 at the time of the alleged crime are sent to a “youth rehabilitation school” which is designed to provide social rehabilitation and reintegration via educational or vocational training. However, a source within the Tal Kayf prison said that “the cells are identical to those for adult detainees, with no access to any reading or studying materials besides the Quran.”
What needs to be done?
The Nineveh committee is the first step towards attaining a more efficient and fair judicial system in Iraq where ISIS affiliation does not automatically translate to imprisonment. Children should only be detained as a last resort and for the shortest appropriate period, in compliance with international law. Countries should provide proper assistance for children illegally recruited by armed groups and/or forces, including assistance for their physical and psychological recovery and social reintegration. The Iraqi government and Kurdistan Regional government should amend their counterterrorism laws to end the detention and prosecution of children solely for participating in ISIS training or membership with recognition of international law that prohibits recruiting children into armed groups. And the High Judicial Council should permit committees to delve into more counterterrorism cases to avoid the trend of double jeopardy, while instructing judges across Iraq to release all children who have not committed crimes and ensure their proper rehabilitation and reintegration.
In the first half of 2020, Iraq has taken an essential step towards protecting the rights of children rather than trampling them. But this progress is at risk of Iraqi officials do not implement such steps elsewhere.
On February 10, 2021 the Alabama Senate Health Committee voted to criminalize transgender medicaltreatment for minors. With an 11-2 vote, the committee approved Senate Bill 10 (SB-10), a bill that will “outlaw puberty blocking medications and gender-affirming care for minors.” On March 3, the Alabama Senate passed this legislation, and it is currently awaiting Governor Kay Ivey’s approval. SB-10 empowers the legal system to prosecute clinicians and pharmacists with felony charges if they prescribe medication or provide treatment to aid in the transitional processes of minors. Bill sponsor Senator Shay Shellnutt (R-AL) claims that “minors are too young to be making this decision.” The Senator has also admitted that he’s never interacted with a trans teen before submitting the bill. Opponents of the SB-10 refute Shellnutt’s claim by acknowledging this decision is between the medical care provider, the patient, and the patient guardians. As such, SB-10 infringes on the private rights of parents to care for their children with necessary and proper interventions. Shellnut has mentioned that hormonal treatment and other transgender interventions cause long term issues and that a child is not mature enough to be making such a permanent decision. Shellnut’s claims are false; the effects of hormonal drugs that are puberty blockers are reversible. Also, when evaluating long term effects of gender reassignment surgeries, doctors prefer to wait until the patient is at least 18 years old before they perform the surgery.
Healthcare providers are only one pillar of the support system for patients wishing to transition. So, when healthcare providers are unable to provide care to these young individuals, it can harm their mental and physical wellbeing and contribute to gender dysphoria. Adolescent and young adult years are incredibly formative. It’s in these years that young people thrive and when they are in need of a lot of support and care. When their support systems and adequate healthcare is taken away “adolescents can feel alone, stigmatized, and undervalued”. Rejection, discrimination, and stigma during these formative years can put young adults at a higher risk of mental health disorders such as depression and anxiety. The aforementioned mental health disorders can lead to the usage of addictive substances like drugs and/or alcohol, and suicidal ideation. These factors contribute to significant health disparities within the LBGTQ+ community. It’s vital the care they receive is given without stigma and affirms the patient’s sexuality and gender identity, but this care cannot be given with government intervention that holds traces of transphobia.
Gender is a very dynamic concept, and there is no binary. It is up to the individual to choose their identity. Gender reassignment treatments and procedures are one way to reaffirm and respect an individual’s choice. LGBTQ+ youth deserve to know that they are respected and that they deserve quality healthcare and treatment. Healthcare providers should not be prevented from fulfilling their responsibilities. They should be able to provide quality care and treatment for their patients. If they can’t, they should be able to refer the patient to a doctor who can provide adequate healthcare. This is not the first time SB-10 has been passed to the full Alabama Senate. It was passed all the way up to the Governor in 2020 to be signed into action and is only back on the table due to COVID-19 complications. Advocacy is an important aspect of healthcare, and providers should be willing to advocate the most for marginalized communities. It is important to lift barriers to care for these groups, instead of continuing to make healthcare inaccessible.
A separate companion bill (HB-391) is currently in the Alabama House. This bill would restrict transgender students from participating in school athletics with the gender they identify with. Lawmakers that support the bill claim that it protects fairness for female and “keeps them from having to compete against transgender athletes who were born male.” The biggest difference to make right now is to call Alabama Senate representatives and tell them the harms these bills will cause to LGBTQ+ youth and to the healthcare providers that try to help them.
When the pandemic began in the United States almost a year ago, I was working two jobs. As COVID-19 spread swiftly and mercilessly through my community, I found myself unable to continue working at either of those positions. However, as the summer months progressed, a new job market presented itself to me: parents with kids who could not return to in person schooling. Since the school year started, I have worked as a nanny/teacher for a family with two children in elementary school and two parents who work full time. The first semester of school in a time of COVID has come and gone, revealing the many challenges alongside benefits of hybrid or online school. In the United States and in many countries across the world, children are guaranteed an education. How has this guarantee shifted when this education no longer includes in person teaching or the added benefits of childcare, school provided food, and educational resources?
With the onset of the pandemic in the United States in the middle of March 2020, schools have had to adapt their teaching and learning strategies as well as develop ways to provide access to services like hot food, laptops and other e-learning technology, and internet to students who might have relied on schools for those resources. These adjustments needed to happen in what felt like a split second. One minute we were preparing for spring break, the next we were preparing to teach and learn in completely new ways for what would end up being almost a year. Curriculums needed to be shifted and new materials created almost overnight. Many of these changes were placed on the shoulders of teachers, a group of workers who are arguably already underpaid for the work they do in non-COVID times. The sudden shift of teaching methods caused problems for teachers working tirelessly to ensure their students continue learning and engaging in virtual classroom activities. Some teachers reported that the main difficulties revolved around keeping students engaged while they are in their home environments and learning through Zoom, Google classroom, or some other similar program. They also reported the difficulties of ensuring students are reaching learning goals as teachers are unable to view the work as students are working on it.
Parents are also discovering problems with the abrupt change in schooling for their children. Some parents have reported noticing how hard it is for their kids to develop a relationship with their teachers, causing inattentiveness and problems with following instructions set by the teacher. The transition has been noticeably harder for parents of children with special needs or learning inhibitions. Without the resources that were provided by in-person schooling, it can be difficult for parents to help their students learn in a completely new environment. Students, especially in elementary school, have a hard time with the technology used for asynchronous learning, requiring parents and guardians to guide their students, sometimes every day. The pressure is added on parents who are now required to balance full- or part-time jobs with sometimes multiple children participating in online school. The students themselves have their own set of grievances with online and asynchronous learning. In the New York Times, students have reported a lack of excitement for school due to remote learning, wishing instead for one or two added days of in-person classes. Others have reported a drop in their grades where A students during in person classes find themselves C students with the online curriculum. The difficulty in distinguishing between homelife and school/work life causes problems with focusing, possibly contributing to these grade drops. However, many students report that Zoom and Google Classroom classes help them feel more productive and return a semblance of normalcy to the asynchronous style.
There is a general consensus that schools must reopen for in person classes, eventually. However, it is difficult to determine when that should be. Many parents and school system administrators have called for schools to reopen for at least part, if not all, of the spring 2021 semester. However, some teachers have protested vehemently against reopening in the past few weeks. Teachers unions have argued that at the very least schools need to prioritize vaccinating teachers and school staff, although this alone would not be enough to safely reopen schools in the unions’ eyes. The current COVID-19 vaccines being administered across the nation are helpful in keeping an individual from getting sick and dying, but it is still unknown as to whether they can prevent the individual from carrying the virus to those not vaccinated. Therefore, teachers could unknowingly carry COVID-19 pathogens home from school. Other precautions must be adopted. On Friday, February 12th, the CDC released an updated set of guidelines for returning kids to in person schooling. This guidance explicitly does not provide affirmation that schools should reopen, rather it reemphasizes the importance of measures like social distancing, masking, proper building ventilation, and contact tracing. The CDC also expresses how proper safety precautions can keep students and staff safe within schools, however they emphasize how dangerous a false sense of security could be in communities where COVID-19 transmission is relatively low.
A report found that with remote learning continuing into 2021, students will be seven months behind in several educational milestones. Within this report, BIPOC students will be even further behind and students from low income families will be behind by more than a year. The Brookings Institute report has called this phenomenon a “COVID slide,” where students in grades three through eight could be drastically behind on the progress they might have made in subjects like math or reading. 20 percent of students in the United States do not have access to the technology like laptops and reliable internet connection necessary for remote learning. A big push against remote learning is due to a concern regarding mental health problems for students. However, less of a focus is on how the pandemic might have exacerbated mental health problems that in-person schooling had been contributing to.
The added access parents have to their students’ education through remote and asynchronous learning has revealed problems within the educational system. Parents and students are learning that the system for education before the COVID-19 pandemic was not as beneficial as originally thought. Remote learning has exacerbated problems with in-person schooling. These problems include the reduced priorities of exercise, play, sleep, outdoor time, and even conversation between students. Many public schools have not evolved to reflect more modern research on education styles for years. The schedule, amount and types of homework, and learning skills prioritized (like memorization) have also not evolved.
It is hard to determine the right course of action for many school systems. While the long and short term effects of the “COVID slide” should not be ignored, many students have really benefited from a non-traditional school setting and are making significant progress in achieving their learning goals. Some students are reporting feeling less stressed, less overwhelmed by assignments, and happier than they were during in-person schooling. More flexible schedules are allowing teenage students to prioritize sleep and many students have been able to escape bullying that had occurred in school. Other students are suffering mentally, physically, and academically from the changes in learning structures. It is clear that the American education system will need to evolve as the country recovers from the pandemic. COVID-19 has brought to light many problems with the current structure affecting parents, guardians, students, and teachers. It seems to have taken a drastic and unprecedented event like a worldwide pandemic to encourage change in the education sphere.
In 1954, the United States Supreme Court overruled the “separate but equal” clause of Plessy v. Ferguson with the case of Brown v. Board of Education of Topeka, declaring that “separate” educational facilities are inherently unequal. While Brown v. Board was aimed at addressing racial segregation, it is worth noting the implications of this view of separate educations because students with learning disabilities are often educated separately from their peers. Our current education system divides students into different categories and programs based on their perceived levels of academic ability under the assumption that this is the best way to help students reach their fullest potential. This is problematic and leads to students’ missing the benefits of an inclusive classroom. Though it would not be a simple task, students who have learning disabilities should be educated alongside students who do not, using cooperative classwork, where students work together to complete an assignment or task, whenever possible.
The Americans with Disabilities Act defines a person with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activity.” For this blog, I will be focusing on learning disabilities, particularly those that do not completely inhibit functions that are vital in a traditional classroom, such as communication. However, I do recognize that the line that I am drawing between which disabilities/experiences of disabilities my proposal would apply to and those it would not is not completely clear, as no two people with the same disability have the same experience. The degree to which a person is able to participate in inclusive and cooperative learning would have to be determined on a case by case basis.
Article 26 of the United Nations’ Universal Declaration of Human Rights (UDHR) states that everyone has a right to an education. Article 24 of the UN’s Convention on the Rights of Persons with Disabilities (CRPD) states that all people with disabilities have the right to “an inclusive education system at all levels and lifelong learning.” The use of cooperative classwork among students with and without disabilities would hopefully help more effectively access these rights for both parties. Additionally, by helping the members of each group become more accustomed to interacting and being part of a common social group, this can also help individuals with the types of disabilities that are focused on in this blog to access their right to employment (which is given in article 23 of the UDHR and article 27 of the CRPD) and their right to participation/inclusion in their communities (article 27 of the UDHR and article 19 of the CRPD).
Our Current System
When discussing whether students who have disabilities should be educated separately from students who do not, it is helpful if we begin by considering why we use the system we currently have. A literature review titled “Implicit Assumptions in Special Education Policy: Promoting Full Inclusion for Students with Learning Disabilities” was published by Moira Kirby in the Child Youth Care Forum in 2016. In the review, Kirby aimed to find special education trends relating to “inclusive practices, Response to Intervention (RTI), and student achievement.” She argues that the educational system currently used in the United States, while meant to increase access to education, perpetuates certain students’ isolation from others, as it is based on problematic assumptions about disabilities. The first assumption is that disabilities are deviant conditions that should be “eradicated.” The second is that “all special services should be delivered in a separate environment.” These assumptions inform the implicit biases about degrees of educational ability. Kirby also argues that these assumptions must be changed in order to “promote access and equality for students with learning disabilities.” In her article, she states, “The question is not, how can we fix a disability, but how can we make our classroom environments a place where all students can learn, regardless of their need.”
The educational system that is currently in place in the US involves separating students with learning disabilities, “low-performing” students, students who meet “average” expectations, and “high-performing” students. This system is well-intentioned, theoretically giving each group of students the unique resources they need to reach the height of their personal capabilities. In practice, however, this system is quite flawed. It is a system based on expectations (typically informed by assumptions and implicit bias), which become harmful to many students, especially those with learning disabilities, due to stereotype threat. Stereotype threat is “the risk of confirming negative stereotypes about an individual’s racial, ethnic, gender, or cultural group” and the effect that that risk can have on the individual’s performance. Many people assume that students with disabilities will do poorly in school, and when students with disabilities know this, they often adopt those same expectations for themselves. If academic success seems unlikely or even impossible, this can become a barrier to the motivation and access to resources that can lead to it. Stereotype threat also leads students with learning disabilities to underestimate the quality of their academic performance overall, even at times when they are doing well. They can start to assume that they simply cannot do well in school.
Another problem that comes with stereotype threat is that it takes up precious cognitive resources. Students spend part of their cognitive resources thinking about the expectations they are held to, distracting them from the work they are trying to do, and preventing them from using all of their resources to their advantage, which contributes to a decreased ability to perform well.
In her research, Kirby found that teachers who had been asked about inclusion in the classroom tended to attribute the success of attempts at inclusion to the students’ physiological traits rather than the value of inclusive practices. She points to this belief as one that could potentially lead a teacher to believe that students with disabilities could be taught only separately from others. They were also often found to lack confidence in their abilities to teach students with disabilities. Parents also either had negative or neutral views on the impact of inclusive education.
In 2015, “68.2% of students with learning disabilities spend 80% or more of their day in the general education classroom, while 24.1% spend 40-70% of their day in the general education classroom.” This in no way aligns with the idea that students with learning disabilities need to be educated separately from other students, and it highlights a point of concern. If many general education teachers do not feel like they are able to teach students with disabilities, and most students with disabilities spend a large part of their day in general education classrooms, what implications do these things have regarding those students’ education? Ideally, students would be educated by someone who felt they were qualified to teach them rather than someone who is uncertain about it. If students with different educational needs were consistently taught in the same classroom, teachers would all need to go through the training necessary to teach students with special educational needs, allowing them to better support their students.
An Inclusive Educational Environment Can Be Beneficial For All Students
The negative impact that a segregated educational system can have on students with disabilities is not the only reason to move towards a more inclusive system. Evidence that suggests that inclusive classrooms can lead to positive outcomes for all of the students involved.
In their article “The challenges of implementing group work in primary school classrooms and including pupils with special educational needs,” Ed Baines, Peter Blatchford, and Rob Webster review the results of two research projects: the SPRing (Social Pedagogic Research into Group-work) project and the MAST (Making a Statement) project. Realizing that most studies regarding collaborative work in education that had previously been performed had been on a small-scale and short-term basis, the authors reviewed the results of these two projects to come to a better, more reliable understanding of the challenges of inclusive group-work in primary schools.
The SPRing project was a five-year-long project that aimed to “develop and implement with teachers a programme of principles and activities that incorporated group work into curriculum and everyday school activities” and “to evaluate this programme relative to a control group in terms of academic progress, behavioral interaction and dialogue, and attitudes and motivation towards learning.” The developed program included a handbook and six training sessions where teachers could develop the skills that they need to incorporate group work into their lessons. The four main areas covered by the program included “preparing the classroom and group context for group work,” “preparing lessons and group-work activities,” “preparing adults to support pupils and groups,” and “preparing pupils for group work.”
The results of the SPRing project show that, relative to the control group, the students that participated in the program made more progress in general science tests, “were more actively engaged in task interactions,” had more sustained interactions, and “engaged in more high-level reasoning talk.”
The MAST project “involved systematic observation and case studies” of students with known special educational needs that were being taught in general education classrooms. This project’s results provided Baines and his co-authors with information about the interactions between students with special educational needs and adults/peers. The project found that students with special educational needs “were half as likely to work with or alongside peers” as other students. It was also found they were often isolated from the other students. Some of the reasons for this isolation included a student with special educational needs choosing to sit away from the others, and other students being afraid of or nervous about working with them. One factor that may contribute to each of these reasons could be that the students with special educational needs that were a part of the study may have had poor social and communicational skills. While difficulties with communication are an aspect of many learning disabilities, inclusive group work may give these students an opportunity and a safe environment in which they can develop these skills (though a student should never be pushed to do group work if it causes them an amount of stress that is genuinely detrimental to their well-being).
This isolation of students with special educational needs may also result from traditional students and school faculty viewing people with disabilities as “the other” as being outside of normal. This would help to explain why traditional students may be hesitant to associate with students who have disabilities. It could also explain why students with special educational needs isolate themselves from other students, as they may have internalized their peers’ view of them. They may feel like they are on the outside looking in, unable to be a part of the rest of the group.
In her literature review, Moira Kirby also addresses some of the benefits of inclusive educational settings, as suggested in different case studies. In one study, elementary school students scored higher in reading and writing when taught in a general education classroom rather than a separate special education classroom. Another study found that eighth-graders with learning disabilities had “significantly higher scores in math academic achievement tasks and self-concept” when taught in an inclusive classroom. Students from another study scored higher in math, science, social studies, and language arts.
Students without learning disabilities may also benefit from inclusive educational environments. Students who perform well could potentially benefit from working with students with disabilities and helping them understand the topics they are learning about and the group work they might do. Re-wording and explaining a concept to another person can
help cement one’s understanding of it. Additionally, if all teachers have to teach classes with children with different educational needs, they would have to be prepared to work with students with disabilities, which would improve the support that those students receive and broaden teachers’ perspectives. This could allow teachers to develop skills that would be beneficial in teaching all students, with or without disabilities.
Concerns and Challenges
Though there are many advantages to adopting a more inclusive educational system, there are still concerns and challenges that also come with it. One concern is that students with learning disabilities may face social rejection from their peers. For their article “The Social and Emotional Situation of First Graders with Classroom Behavior Problems and Classroom Learning Difficulties in Inclusive Classes,” Johanna Krull, Jürgen Wilbert, and Thomas Hennemann surveyed 2,839 first graders and found that students with “classroom learning difficulties” (CLD) and “classroom behavioral problems” (CBP) were at a greater risk for social rejection than their peers. However, the authors found several outliers in their data, where students with CLD or CBP had higher rates of social acceptance, and they interpret this to mean that, under the right circumstances, an inclusive education system is possible. In their article, Baines and his co-authors suggest that social rejection in this context can decrease over time when students are involved in inclusive group-work (if the students remain in the same groups throughout that time). Group work allows students with disabilities who struggle with social skills to develop those skills. It will enable other students to better understand people’s experiences who are different from them, which may lead them to be more willing (and happier) to be inclusive and build friendships with other students. If a student has no/little prior experience with students with learning disabilities, it would not be surprising to find that they are nervous or uncomfortable interacting with them.
When discussing the possibility of an integrated classroom, people are also concerned with the impact of having children with severe behavioral issues in general education classrooms, as they may become distracting or disruptive to the point of preventing any productivity in the class. This may be a factor that needs to be considered on a case-by-case basis. Some children that are deemed as being too disruptive have the potential to become less disruptive with exposure to a traditional classroom setting. There are likely situations where students truly are too disruptive to allow for a productive classroom, but that is certainly not always the case. It is important that, if a student is found to behave in a distracting way, that they are not immediately moved into another classroom after a single incident (although consideration should be given to the severity and the nature of the interruption). They should be given the opportunity to try and adjust to the traditional classroom environment before they are placed in a different one.
Another concern is that educating students at such a range of degrees of ability in the same classroom might prevent both students with learning disabilities and students that are currently in advanced programs from reaching their fullest academic potential. This concern is largely connected to the assumption that being in the classroom means that students would all be learning from the exact same curriculum, but that is not necessarily true.
In her article, Kirby suggests that a completely inclusive classroom might not involve basing lesson plans on the categories that students have been assigned to. Instead, each student would have an Individualized Education Plan (IEP). In our current public education system, children in special education programs must have an IEP, a “map that lays out the program of special education instruction, supports, and services kids need to make progress and thrive in school.” Each child has an IEP team, including their parents, at least one general education teacher (unless the child does not work with any), at least one special education teacher, a school district representative, a school psychologist/specialist, and the child. After the IEP is developed, the team regularly meets to discuss progress and possible changes for the plan. If every student, whether they have general or special educational needs, has an IEP, then (in theory), each student could have their personal needs recognized and met in the classroom. Kirby also suggests that making IEPs standard for all students could reduce the impact that the stigmatization of learning disabilities has on students, as school faculty would be less reliant on separating students into different/broad categories to teach them.
Of course, creating an IEP for every student in the public school system is much easier said than done and is a much more attractive idea in theory than in practice. It would require a significant shift in the allocation of resources in education, which may not be practical with the financial resources we currently have access to. It would also be asking many teachers, as they would no longer be able to teach with a singular lesson plan. It is unrealistic to expect teachers to carry this burden themselves, as they are already spread too thin, given more responsibilities than they can reasonably handle. Having IEPs for every student would likely require a serious increase in the number of teachers at each school or at least an increased/reinforced support system for school faculty. Perhaps a more feasible solution could be developing IEPs for students with a clear need for increased educational support that involves their being more present in the traditional classroom than in a separate one. While this is still likely to feed into the stigmatization and othering of students with disabilities, there do not seem to be any strong alternatives that are both practical and successful in avoiding stigmatization altogether.
In short, we should aim to educate students with and without learning disabilities together whenever possible, even though it will take a lot of time and effort to do so. We currently separate students based on expectations of their academic abilities, and these expectations are informed by and reaffirm problematic assumptions about people with learning disabilities. This can be harmful to people with learning disabilities and prevent students with all degrees of educational needs from accessing the benefits that can come from an inclusive classroom. However, it is important that we recognize and genuinely consider the concerns and challenges that arise when we look to put inclusive education ideals into practice. It is also important to recognize that the conclusions that can be drawn based on the resources used to support this argument are limited, as many gather data from anecdotal situations and small samples sizes. These factors prevent the results of sources from being reliably representative of experiences with inclusion and students with learning disabilities on a larger scale. The application of my argument is also limited, as I have focused on students with learning disabilities that do not completely prevent them from effectively learning or functioning in a general education classroom. While an integrated school system is generally optimal, there are some students for which that kind of system genuinely would not work. We cannot treat all students with disabilities as if their experiences are the same by assuming that all would do poorly in an inclusive classroom or that all would be unquestionably better off in an inclusive classroom. Overall, even though it will not be easy, even if we can never achieve a perfectly integrated educational system, it is an important goal which we should work towards for the benefit of all students and their educational rights.
On Thursday, January 23rd, the Institute for Human Rights co-sponsored an event alongside Sparkman Center for Global Health to present Nelson Ole Reiya (CEO/Founder) and Maggy Reiya (Education and Gender Coordinator) of Nashulai Maasai Conservancy. During their lecture and discussion with the audience, they addressed their remarkable mission to protect wildlife, preserve culture, and reverse poverty within their community in Maasai Mara, Kenya.
Nelson began with the admission that, amid farming and development efforts in the region, a group of Maasai elders convened under a tree and decided to start a conservancy. In response, Nashulai began in 2015 after a meeting with landowners resulted in the leasing of their land for conservation.
Most Maasai face severe poverty by living on less than one dollar a day, while girls and women are particularly vulnerable. More specifically, many girls are subjected to the practice of female genital mutilation (FGM) which is to prepare them for marriage. Additionally, young women who menstruate without pads are prevented from attending school. In addition to these social issues, because 68% of Kenya’s wildlife lives outside of parks and reserves, the country has lost nearly 70% of its wildlife over the past thirty years. These social and ecological issues demonstrate the need for a ground-up approach that advocates for the Maasai’s people, wildlife, and environment, hence Nashulai.
Nashulai means, “a place that unites all of use people, wildlife, and livestock in common hope for a better world, today and in the future”. Nashulai offers an array of social projects that benefit the Maasai community. Among those projects are: 1.) Nashulai Academy – subsidized education for adolescent girls and a safe house for girls avoiding FGM and early marriage, 2.) Community Water Project – clean water retrieval system from the spring which reduces the distance to fetch water and incidences of waterborne diseases, 3.) Tourism for Social Change – two safari camps where many proceeds support community projects, 4.) Sekenani River Restoration Project – rejuvenation of the main river that support the Maasai community, 5.) Nashulai Cultural Training Centre – knowledge center to preserve indigenous practices of the Maasai, and 6.) Cattle Breeding Project – ecologically sustainable project to support the Boran and Zebu herds of the region, and 7.) Stories Café – upcoming facility where Maasai elders can manage and pass on local culture to the youth.
During the winter break, I spent a lot of time in Birmingham, staying with my sister and with friends, far away from my farm and home in Columbiana. Our farm is more like an animal rescue or sanctuary that does not generate much income but enough to accommodate. Besides hundreds of animals being surrendered or abandoned, we have even had strays walk up our driveway. Our goat, Fred, was the first I remember as we were in disbelief that a goat was just walking the streets and checking out the very sparse neighborhood, curiously coming up to us with some twine wrapped around his neck. For Fred and everyone to follow, my parents and family members have never refused taking in, rehabilitating, or rehoming an animal in need, so maybe that’s why it was so much more obvious of how much worse the picture I have seen in Birmingham is, or what this article is about. In Birmingham, it is people living in the streets witnessed by a city full of people. Walking through five points and down 20th, there is so much evidence and example of homelessness. Passerby witness but rarely realize that they are seeing many at their most vulnerable or the harsh, daily routine.
Responsibility of the State
People experiencing homelessness face violations of many human rights, such as inaccessibility to safe and secure housing, an inadequate standard of living, education, liberty and security of the person, privacy, social security, freedom from discrimination, voting, and more which are interconnected. These human rights are protected by several international human rights treaties. The International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC), which bind the state to legal and moral obligations in realizing and protecting the rights of all people. Also, the right to housing recognized by international human rights law doesn’t just mean a right to shelter. It must be adequate and accessible. Battling and overcoming homelessness is not a task of charity as much as an act of justice. Our Public policy and structures should facilitate or lead to a dignified life in the United States. As one of the wealthiest nations in the world, we should figure out how to shelter or house those who are homeless.
No one is asking what happened to all the homeless. No one cares, because it’s easier to get on the subway and not be accosted.- Richard Linklater
More recently, I saw many cops parked in the middle of five points as they held up traffic to address some of the people I have seen more statically living there, which brought up the thought of criminalization of homelessness and left me wondering if those cops offer rides to shelters before the ride to a cell.
A look at more vulnerable populations
The most visible type of homelessness is what we see when we walk through Birmingham: people living on the streets or sleeping in the parks or street tunnels. However, more move between shelters and temporary homing maybe with their friends or relatives and more long-term shelter where their experience may not be included in the conversation of homeless persons.
A large portion of the homeless population is affected by mental illness. People with mental illness or other disabilities may face social isolation and may face chronic homelessness. Such individuals may require special types of accommodation or support that may be an obstacle to rehabilitation. Health issues may cause a person’s homelessness as well as they may be intensified by the experience where poverty and lack of access to care contribute to disparities in health. Another thing to think about is when someone handicapped by a disability loses their parents or caretaker, who will take care of them or will they find tools to live? They could become homeless.
Through the lingering effects of systematic denial of equal rights and opportunities, African American are particularly overrepresented in this system facing a higher risk of poverty, housing discrimination, and incarceration than White Americans
Indigenous people face greater social and economic disadvantage such as lower levels of education or higher levels of unemployment which contribute to higher levels of homelessness in their communities
Women may make up a big portion of those forced to leave their homes fleeing domestic violence or sexual assault. Homeless women may become more isolated for fear of violence, rape, or other abuse. Further, a woman may be separated from her children if she is unable to care for them which challenges her parental rights.
Children and young people are disproportionately affected by homelessness. I have known many classmates and friends who have been homeless as they pursue their education at UAB. Also, Covenant House proclaims that every year, more than 2 million kids in America will face a period of homelessness (The link provides more enlightening and harder-to-swallow statistics). Youth like those emancipated from the foster care system may not have another option. In addition to general human rights laws, children are protected under special rights, like those afforded in the Covenant on the Rights of a Child which describes a higher standard of living and right to protection against neglect, cruelty, exploitation, etc.
Untreated depression and mental illness, self-medication and addiction, childhood trauma and chronic PTSD, abuse and any circumstance that may lead one to homelessness may also create a loop to imprison them. For example, where abstinence is a prerequisite or requirement for homelessness assistance programs, one may not receive help unless they quit, but one cannot quit without relief.
A veteran should not have to stand on the asphalt with a cardboard sign begging for a living in a nation they helped secure and people should not be in the position to be turned down asking for food that was about to be thrown out. In fact, everyone has made contributions and continues to contribute to their society. Homelessness includes people who have paid or pay taxes and those who are paid less than a living wage. It includes people of all labels fleeing abusive conditions or facing escalating housing and living costs. It includes parents and it includes their children who have not had a chance. It also includes all students who are trying to pursue an education to hopefully get a job that will afford them housing. Besides all these achievements, many, including those facing chronic homelessness have endured full lives and have witnessed different forms of trauma. Still, they have survived the circumstances of homelessness, maintaining their humanity and resilience and- intentionally or unintentionally- being that example for others.
Also, keep in mind that going from place to place and not knowing what to do or where you will end up could understandably create a lot of pain and anger. Desperation or frustration may be harder to deal with. Being homeless could even make you apprehensive of ownership or pursuing certain routes that could be encouraged. However, everyone should be afforded options and certain securities.
10 Strategies to End Chronic Homelessness posted by the United States Interagency Council on Homelessness:
More immediate examples for anyone to help everyday
If it’s raining or about to, offer the warmth and privacy of an umbrella.
Offer to pay for an uber ride to a nearby shelter as some cannot walk to or have no means of transportation to one.
If you are not comfortable lending cash, you may offer supplies. You could keep these care bags of everyday products, essentials (maybe small shower things you could find in the travel section, gloves, hats, etc), or resources to offer or pass out at crowded shelters.
Invite others to the restaurant you are on your way to and share a meal if they are up for it. The conversation may also allow you to understand, accept, or appreciate their life and vice-versa. Once, a man I invited to eat with me on campus (in an environment where I felt safe enough to) proclaimed his version of Islamophobia (as that was the summation of a popular sentiment in America, especially during those Trump Campaign days) as he explicitly said he didn’t like Muslims when I revealed that of my identity. But it turns out, I was the first Muslim he had personally interacted with and realized he liked before the word “Muslim” exited my mouth. That could happen with anyone of course and homeless (or only hungry in this case) people are not to be “enlightened” and should not be expected to praise our deed, but the conversation and gesture can open this opportunity
While I do not soon foresee a diamond in my future, I have been able to witness the happiness a diamond ring brings to the lives of other people. A diamond ring represents love and commitment, and nothing can be purer than that. Imagine my surprise when I learned in my economics class that a significant number of diamonds, called blood or conflict diamonds, can be linked to horrific suffering and bloodshed. A good number of these conflict diamonds can be traced back to one company: De Beers.
De Beers diamond company was founded in the 1800s by Cecil Rhodes in South Africa. Before 2000, the goal of De Beers was to effectively and efficiently buy as much of the world’s supply of diamonds as possible so as to be able to determine the price and guarantee price stability. This tactic earned the company the nickname “the custodian” of the diamond industry. In 2000, De Beers controlled around 65 percent of all diamond production, while in 2001 De Beers marketed two-thirds of all the rough diamonds in the world and produced nearly half of the world’s supply of diamonds from their mine. The company employed strategic marketing tactics to maintain their power and growth worldwide, effectively influencing the perception of diamonds to what it is today. For example, the phrase, “A Diamond is Forever,” was coined in a De Beers ad campaign. De Beers influenced the choice of a diamond as the centerpiece for an engagement ring and even the price of the ring to be two months’ salary. The Washington Postdescribed De Beers as “a global cartel controlling mining, distribution, and pricing.”
For a company that produces a product to signify love, such as an engagement ring, De Beers has left a significant amount of bloodshed and controversy in its wake. The company has been banned from operating or selling inside the United States borders since 1996 over a price-fixing case. In the 1990s, De Beers bought billions of dollars’ worth of diamonds from conflict ridden areas in Africa, which in turn provided the means for rebel groups to obtain weapons and supplies on the black market. In the mid to late 1900s, De Beers benefited from the South African apartheid because the system of black repression ensured cheap labor for the mines, protecting the company from being hurt by the diamond boycotts sweeping the world at that time. The company became scorned as more and more information regarding conflict diamonds and De Beers’ blatant disregard for the harm conflict diamonds can cause became public.
The definition of conflict diamonds, as written by the United Nations, is as follows: “diamonds that originate from areas controlled by forces or factions opposed to legitimate and internationally recognized governments, and are used to fund military action in opposition to those governments, or in contravention of the decisions of the Security Council.” Armed groups use the revenue from exploiting diamond mines and diamond workers to fund their personal agendas. Despite the diamond business being an $81.4 billion a year industry, the towns that house the diamond mines do not reflect the wealth that lies below. Many parents choose to send their children to work in the diamond mines in order to earn a meager salary, determined on a diamond-by-diamond basis, instead of sending the children to school. The difficulty that evolves from attempting to eliminate conflict diamonds is that the diamonds traded by rebel groups are physically indistinguishable from the diamonds traded by legitimate groups. Because of the long process a diamond goes through before it reaches the jeweler, it is very difficult to determine the original source of the diamond.
In 2000, De Beers put out a statement guaranteeing that their diamonds did not originate from conflict zones in Africa and promised that their purchasing of diamonds did not fuel any conflicts in Angola and Congo. The statement was met with mixed reviews, some welcoming the initiative the company was taking, and some believing that De Beers would be unable to control the smuggling system that crisscrosses across the continent of Africa. Since the initial statement in 2000, De Beers’ statements have been very contradictory, stating at one point that it would be easy to find the origin of the diamonds and yet continually releasing statements saying that it is impossible to distinguish the origin of the diamonds that they buy. Since 2000, some independent diamond dealers have not only claimed to sell diamond bunches that they bought from rebel groups to De Beers, but also that De Beers was aware of the origin of the diamonds. Currently on their website, De Beers boasts that 100% of their diamonds are conflict free. However, the company only cites the Kimberley Process, a process they helped to create, in regards to this certification.
De Beers’ promises have rested on determining the origin of the diamonds. It has already been stated but is worth reiterating that determining the origin of diamonds has been much disputed as diamonds are handled in groups, making the process of discovering the origin of a diamond very difficult. In 2003, a process named the Kimberley Process was established by the main actors in the diamond industry, including De Beers. The Kimberley Process is so named for the town where De Beers diamond company was founded, highlighting the influence the company had in the establishment of the process. It is an international certification process with the goal of distinguishing conflict-free diamonds from those diamonds associated with a conflict. The Process was created from a meeting in 2000 in Kimberley, South Africa, where the biggest diamond producers and buyers in the world met to address the growing threat of a consumer boycott. Consumers were becoming more aware of the influence the sale of diamonds had in funding to civil wars in Angola and Sierra Leone and were threatening to forgo buying diamonds all together. In 2003, 52 governments and international advocacy groups ratified the Process, creating a system of certifications issued by the country of origin that must accompany any shipment of diamonds. If a country was unable to prove that their diamonds were separate from any conflict, said country could be cast out of the international diamond trade. The Process did marginally reduce the number of conflict diamonds in the market, but the process is ridden with loopholes. It is unable to stop the international sale of the majority of diamonds mined in conflict ridden zones and diamond mining even outside of a conflict zone is terrible work with many of the miners being school-aged minors.
Many argue that the Kimberley Process is not only laced with loopholes, but it also does not go far enough. For example, the Process does not disqualify diamonds mined in an area with human rights abuses. Also, the definition of conflict used in the creation of the Process is so narrow that it excludes many situations that would generally be considered a conflict. The definition used is, “gemstones sold to fund a rebel movement attempting to overthrow the state.” An instance where the definition stated in the Kimberley Process failed occurred in 2008. The army of the government of Zimbabwe seized a diamond mine within Zimbabwe’s borders and proceeded to kill and rape hundreds of miners. Because the army represented a legitimate government, this instance is not considered to be against the Kimberley Process. The Kimberley Process did implement a ban on the Central African Republic when it was discovered that the mining of diamonds helped to fund a genocide of thousands since 2013. However, the UN estimates that $24 million worth of diamonds have been smuggled out of the country since the ban.
While a true fair-trade system would ban diamonds mined in a conflict ridden area and allow consumers to purchase diamonds that could improve the life of artisan workers, ultimately there is no way of truly knowing whether the diamond you buy is in somehow linked to a conflict. The Human Rights Watch has come up with a list of strategies that may help diamond companies fulfill their obligation of “identifying, preventing, mitigating, and accounting for their own impact on human rights throughout their supply chain.” Such strategies include: 1. Establishing a policy regarding the supply chain that is included in the contracts with suppliers 2. Creating a ‘chain of custody’ by requiring documentation for each step along the supply chain 3. Assessing thoroughly and respond promptly to human rights risks at all stages of the supply chain 4. Employing independent, third-party examiners 5. Becoming public with the names of suppliers 6. Sourcing responsibly and being wary of large-scale mining operations. The diamond industry has a long way to go but with established organizations calling out companies like De Beers, loopholes in certification processes can be closed and ultimately conflict diamonds may be eliminated.
Justice is coming! As I continue growing old I keep asking myself, why child marriage? Is it really necessary? And if not, what do I or we have to do about it? I understand that child marriage is a result of male dominance at large. I think it’s best if we bring men on board first. Working with men can be very effective in reducing child marriage if not ending it. It will help to change ideas and behaviors, especially dealing with patriarchal attitudes. Once men are on board, they can use their influence to pave the way for positive change.
Adults have groups where they get to share what they are going through. Children also need safe spaces in schools. This will help them build their confidence and trust amongst themselves and also with their teachers. I’m sure there are girls who wouldn’t have gone through early marriage if they had a chance to escape. But they didn’t. Simply they didn’t have anyone to tell regarding what their parents were planning for them. This is why they need that space, it’s the window to their success.
Corruption has deep roots in my country, Kenya. For example, I would like to know where funds meant for educating less fortunate girls go. Culture is not the only reason for early marriage, but also poverty. There are girls who sacrifice themselves to go get married in an effort to reduce a burden on their parents. It has come to my notice that the leaders or people responsible for the education funds tend to accuse these girls of bad behaviour, but they are trying their level best to do what is right. Can’t the funds holders use the funds to educate the girls instead of them using the funds for their own benefits?
Not all problems are solved through fighting. Why shouldn’t we mingle? As they explain why early marriage we have a chance to convince them how early marriage is harmful and the advantages of not doing it. At some point there will be some girls listening, them knowing the advantages of not being married off, they will always want to go for their success and thus they will always report whatever harmful plan is made for them.
I don’t know who is with me! I consider myself as the second doubting Thomas. If am not sure of what am told I will ask for a success story if not stories. The girls who escaped the scandal of early marriage should be advised to go back to their communities and villages. The parents will be so proud until they will shout for the whole community to hear and come and see. Other parents would want their daughters to come home successful and hence they may change their attitudes towards early marriage. On the other hand there will be role models for little girls and the whole society.
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