Category: Minority Rights

The Caged Voices of Azerbaijan

“Every gay and lesbian person who has been lucky enough to survive the turmoil of growing up is a survivor. Survivors always have an obligation to those who will face the same challenges.”

-Writer/actor Bob Paris

According to Human Rights Watch (HRW), beginning in September, the Azerbaijani police force began a violent campaign against civilians presumed to be gay, bisexual, and transgender women.

The campaign began in mid-September when police in Baku, Azerbaijan’s capital, arrested members of the LGBTQ+ community when other citizens of Azerbaijan filed a complaint that “non-heterosexual people were engaging in prostitution.” However, according to human rights activists, detainees were not prostitutes, and the “accusations were used as a pretext for persecution.” In an interview with Samed Rahimli, a lawyer assisting detainees, “the police targeted homosexuals in general, not the prostitutes as they have claimed.”

Interviews conducted by HRW reveal those arrested were subject to beatings and electric shocks in an attempt to arrest other members of the LGBTQ+ community. Lawyers representing the detainees report 83 men and transgender women were confirmed to be arrested. However, the lawyers also said, “the overwhelming volume of arrests means there are many other cases they are unable to address or document,” and the media has reported up to 100 accounts of unconfirmed arrests.

protestors holding anti-hate signs
LGBT love is stronger than anti-gay hate. Source: Allsdare Hickson, Creative Commons

Most of the victims were publicly arrested at work, on the streets, or even at home, thereby exposing their sexuality to their co-workers, family members, and other community members. A majority were falsely charged with prostitution resulting in 30 days of detainment.

Azerbaijan decriminalized same-sex relations in 2000, but discrimination and violence against the community continue to be dire. Azerbaijan was also labeled as the worst European country to be gay in, according to a survey conducted by the Guardian. There are currently no active LGBTQ+-friendly organizations in all of Azerbaijan, and the government is known to manifest false charges to detain openly gay men. The Minority, an anonymous magazine in Azerbaijan that reports on gay and transgender issues, cited those who were arrested were forced to ‘out’ other gay men. Another method utilized by the police to track down members of the community is the tracking of gay-dating apps. The police would create profiles and lure gay men to meet with them, at which point the app-user would be arrested.

Members of the Azerbaijan government shifted their stance from attempting to control prostitution to cracking down on public health issues; this indicates the government knowingly switched tactics to target an already marginalized group. Ekhsan Zakhidov, of the Azer Interior Ministry, announced the arrests were justified. He claims 16 of the 80+ arrested were infected with AIDS, but only six have been found to be infected. He also claims the mass detainment was to protect children, as “anyone infected with AIDS or other sexually transmitted diseases were a threat to children or people who come into contact with them.”

By making these claims, the government perpetuated two derogatory narratives surrounding the LGBTQ+ community. The first is: “all gay men have AIDS”. While proven to be statistically untrue, this is a stigma that has stood the test of time and facts. Gay men are still not allowed to give blood in America on the grounds of being “more susceptible” to HIV and AIDS. The second stigma is: homosexuality is rooted in pedophilia. Because AIDS is a sexually transmitted disease, by saying “it is for the safety of our children,” the Azerbaijan government is spreading the false rumor that gay men are child-rapists.

Protestors holding anti-hate signs
LGBTs and Muslims unite – oppose all hate. Source: Allsdare Hickson, Creative Commons

Unfortunately, the Azerbaijan government is not alone in the tracking of LGBTQ+ folk. Reports of the Egyptian police force also creating fake profiles on gay-dating apps and websites surfaced in 2016. At a concert earlier this month, a rainbow flag, which represents pride for the LGBTQ+ community, was flown. When photos of the flag spread across social media, the Egyptian government began tracking down those who were responsible to arrest them on charges of “promoting prostitution” and “immorality.” The Egyptian government designated waving the flag as an “incident,” and used gay-dating apps to track down those involved in said “incident.” Once arrested, anal examinations were reported to have followed, which is protocol in Egypt for such claims. Those arrested for waving the flag at the concert face trial on October 29th.

Like Azerbaijan, homosexuality is not illegal in Egypt, but acts of marginalization and repression continue to happen. Both of these instances bear similarity to the mass incarceration of LGBTQ+ folk in Chechnya that took place earlier this year, which was compared to the concentration camps in the Holocaust. Violence against the LGBTQ+ community is a trend that is repeated throughout history, even to the present day. While it is not easy to pinpoint when it officially surfaced, homophobia is seen even in B.C. times. The West still has its share of homophobia, but we see the most concentrated and severe acts of homophobia in the Middle East. This is likely due to the fact religion has a more prominent role in Middle Eastern society and government.

Azerbaijan was once a part of the Soviet Union, just as Chechnya was. That colonial legacy of oppressing the LGBTQ+ community, the religion, and the government all play into the modern-day culture and how their respective societies view the LGBTQ+ folk. The topic of homosexuality is taboo in Azerbaijan’s society, and the unacceptance of the gay community is shown by the aggravated reports made by citizens that prompted the arrests by the police.

What makes oppression in Azerbaijan, Chechnya, and Egypt different from LGBTQ+ oppression in the world? Dignity. While oppressed in other regions, the LGBTQ+ community in Western cultures has freedom of expression. In the aforementioned countries, freedom of expression is a myth for LGBTQ+ folk. Based on available data, these three countries are the most dangerous places in the world to be gay, lesbian, bisexual, and transgender. Based on anecdotal accounts, other countries, such as Iraq and Afghanistan, also present obstacles for LGBTQ+ persons. The voices we hear are not the only voices who matter.

“Life would be much easier if we were all just less horrible to each other.”

– Ellen Page, actor and activist

Rainbow heart with "love" spelled out in the middle
LGBT Rainbow Heart with Love Inscription. Source: b_earth_photos, Creative Commons

Article 3 of the United Nations’ Universal Declaration of Human Rights (UDHR) declares that everyone has the right to life, liberty, and security of person. When people are arrested for being the person that they are, this article is violated. Without the security of being able to express the person one is, flourishing is nearly impossible. How can one expect another to live their life to the fullest without being able to live comfortably? We all have a right to live our life as loud as we want; how we need and want to express is not up for dictation.

Article 5 of the UDHR sets forth that “no one shall be subjected to torture…” This has obviously been violated by the Azerbaijan government. When trying to get the names of other gay men, the police resulted to using electric shocks to coerce the victims to give them information. This is inhumane and is an unfounded violation of human rights.

Article 7 reads: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” When the government allows discrimination against an individual or a community, this article is violated, as it has been in all cases mentioned in this post. The police have been allowed to arrest citizens based on their sexual orientation. No laws were violated, but human rights definitely were.

Without these laws being enforced by a governing legal entity, Azerbaijan, Egypt, and Chechnya show no sign of following the UDHR for the safety and security of their LGBTQ+ citizens. Organizations such as the Human Rights Campaign and Human Rights Watch have given a megaphone to the tortured voices of Azerbaijan. Now the job falls upon us as informed citizens to continue to spread awareness. It is also our job to make our companions feel comfortable in the world that we live in. We all want to be accepted, to prosper, and to love. Each of us is human; each of us deserves the same rights.

Recap of Using Digital Storytelling to Promote Human Rights: The Experience of Disability Advocates

co-authored Tyler Goodwin and Nicholas Sherwood

a picture of Dr. Trevisan presenting
Photo by Tyler Goodwin

On Wednesday, October 11, 2017, the UAB Institute for Human Rights sponsored an event titled: “Using Digital Story Telling to Promote Disability Rights.” This event featured Dr. Filippo Trevisan, Assistant Professor of Communications at American University in Washington, D.C. Dr. Trevisan is a disability rights advocate whose research features the use of technology to enhance accessibility for persons with disabilities. He is the Deputy Director of the Institute on Disability and Public Policy at American University, and an accomplished author, who released his book, Disability Rights Advocacy Online, last year. Dr. Trevisan’s presentation attempts to answer the question of how advocacy effectively inspires policy change for marginalized populations- most notably, for the disabled community.

Disability Rights

When the United Nations codified the Convention on the Rights of Persons with Disabilities, disability rights were first established at the international level of governance. This Convention is notable for its inclusion of actual persons with disabilities in the creation of this legal document, and for good reason. Persons with disabilities have long had to self-advocate for their rights, and the potency of grassroots efforts for disability rights distinguish this rights movement from other human rights movements. Dr. Trevisan, through the lens of information and communication technology, aimed to understand how formalized rights were impacted by the grassroots efforts of persons with disabilities.

Dr. Trevisan spoke of how Information and Communication Technologies (ICTs) have significantly impacted the world of disability rights. The United Nations Educational, Scientific and Cultural Organization (UNESCO) says that ICTs have allowed persons with disabilities to “enhance their social, cultural, political and economic integration in communities by enlarging the scope of activities available to them.” ICTs have promoted self-advocacy by allowing persons with disabilities to directly participate in any number of activities by directly getting their voice heard- middlemen are no longer required for persons with disabilities to get their issues out into the world. By surpassing several links in the communication process, the voices and narratives of persons with disabilities are more authentically communicated to policy makers and all levels of governance: local, regional, national, and international.

By skipping these ‘middlemen’, the effectiveness of a message (such as advocacy for disability rights) is more prominent, and the intended effect (policy change) is more directly linked to the advocate. According to Trevisan, two main communication styles are used by disability rights advocates to persuade policy-makers.

Emotional Appeal Versus Rational Arguments

Breaking down the rhetoric used by disability rights advocates, Trevisan elucidated on two primary forms of persuasive messages: messages appealing to emotion and messages appealing to reason. Emotional appeals typically feature personal narratives, eliciting feelings of empathy and sympathy by the receiver of the message. By contrast, rational arguments (i.e. appealing to reason) offer evidence-based arguments in support of policy change. A challenge of human rights advocates (in this case, disability rights advocates) is deciding which, or in what combination, of these persuasive tactics is most likely to achieve the desired outcome.

Historically, policy-makers have favored (or been more susceptible to) appeals to reason, as evidence-based arguments offer a more sound and predictable argument for policy change (or lack thereof). However, upon analyzing cases in the United Kingdom and United States, Trevisan documented a noticeable modal shift in successful argument tactics. Instead of favoring rational appeals, policy-makers are starting to respond and succumb to emotional appeals; this change is most clearly documented in policies related to persons with disabilities. This has huge implications for advocacy efforts and policy-makers alike. Bygone are the days where statistics and figures hold greater weight than personal narratives and stories. Perhaps we do indeed live in a “post-fact world” (though hopefully not). The question now becomes: why are emotional appeals more effective than rational arguments? And how can we marry these two approaches to achieve both: 1) successful persuasion of policy-makers to codify human rights and 2) create the emotional appeal from a sound and practical argument?

a picture of social media icons as flowers indicating the growth of social media
Growing Social Media. Source: mkhmarketing, Creative Commons

The Power of Stories

The answer to the first question lies in the power of story; Trevisan argues the impact of personal story-sharing in disability rights advocacy cannot be overstated. The importance of persons with disabilities telling their personal stories has proven to be very effective when it comes to advocating for their rights, and Dr. Trevisan mentioned two critical components to story telling: 1) the voice of the person telling the story, and 2) the storyteller feeling his or her voice is heard. Dr. Trevisan states his research led him to find “individuals [with disabilities] are now able to participate in crowd-sourced campaigns, and they want to.” He goes on to say persons with disabilities generally feel authentic in their narrative-sharing and the significant strides in disability rights implementation (for example, the CRPD) shows their voices are being hear.

Persons with disabilities have been particularly effective in their use of crowdsourcing- the virtual participation in efforts such as rights-advocacy. While crowd-sourcing has been a great way to get stories out into the world, the particular mixture of rational vs. emotional components is up for debate. How narrow should the stories be? If someone has to edit these stories, who should it be and what gives them the right to do so? Should there be no editing of the stories? If not, what if the stories do not pertain to the cause? Is it right to cut out someone’s story that they want to tell? How can we (consumers of information) be sure we are receiving an authentic and genuine message from a credible source (especially in a “post-fact world”)?

Dr. Trevisan’s cunning research of story-telling in disability-rights advocacy suggests the paradigm of successful policy change is shifting: from rational appeal to emotional connection, from the presentation of hard facts to the telling of personal stories. Moving forward with this new knowledge, human rights researchers and advocates must find a way to marry objective reality with the subjective story of humanity.

 

For a list of our upcoming events, please visit our events page.

The Catalan Revolution

Catalan protestors demonstrate for independence.
20Set Barcelona 14. Wikimedia: Màrius Montón, Creative Commons

After an enormous earthquake destroys the city of Lisbon in Candide, Voltaire poignantly asks the reader, “If this is the best of possible worlds, what then are the others” (Voltaire, 26)? Increasingly, the most potent of political earthquakes – nationalism – is enjoying a powerful rebirth following a long and tortuous decline in the aftermath of World War II. People across the globe are beginning to envision a different world, a better world – one in which they possess a nation of their own. Whether this rebirth will result in bloodshed on a scale not seen since the 1930s or in a peaceful resolution of differences is yet to be seen, but in all likelihood it will be determined on the opposite side of the Iberian Peninsula – in Catalonia.

Since at least the 1920s, the issue of self-determination – which can be defined as the ability of a distinct people to establish a nation of their own and exercise unimpeded sovereignty in their own affairs – began to be adopted into the lexicon of human rights. Woodrow Wilson was one of the first to interject self-determination into human rights, claiming that “nationalities … should be assured an undoubted security of life and an absolutely unmolested opportunity of autonomous development” in his Fourteen Points. Ultimately, this belief influenced nearly every major, Western-produced document concerning human rights. Self-determination is explicitly guaranteed to all peoples in the Atlantic Charter, the Declaration by the United Nations, the United Nations Charter, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights among others.

Curiously, however, the European Convention on Human Rights – which is the most relevant document in this situation due to Spanish membership in the European Union – does not guarantee self-determination. In fact, it states that freedom of expression may be limited “in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, … or for maintaining the authority … of the judiciary” (ECHR, 11).  As will be demonstrated later, the Spanish government has employed all of these arguments in its bids to stop the Catalonian independence referendum from coming to fruition.

Aside from the European Convention on Human Rights, the connection between human rights and self-determination – at least until recently – has not been prominently disputed. The question then becomes, how do we determine to which groups the right of self-determination applies? The general consensus is that this right is primarily granted to peoples demonstrating the characteristics of a nation. However, the question of who constitutes a nation, and on what basis, generates considerable disagreement, particularly in the West, which has long attempted to suppress its own nationalism as penance for the destruction wreaked by Nazi Germany.

Some claim that the nation is a figment of the imagination, that it is an invented national tradition, that it is an imagined community (Hobsbawm and Ranger; Anderson). This is not to say that it does not possess meaning – history clearly demonstrates that it does – but that there is very little actual quantitative or qualitative basis on which a nation can be delineated. Others suggest that the nation is real, but that its membership is constantly in flux, shaped solely by economic considerations, individual choices, and shared beliefs (Deutsch; Gellner; Kohn). This “civic nationalism” generally possesses a more cosmopolitan outlook, and it often taken to the extreme by intellectuals, such as Ernest Renan, who claimed that “a nation’s existence is … [simply] a daily plebiscite,” (10) a daily referendum.

Yet others still define a nation as something timeless and primordial (Geertz; Isaacs; Smith). To these theorists, physical characteristics, shared culture, shared history, and shared language – to put it simply – combine to create “a self-aware ethnic group,” which forms a nation (Connor, 279-88; Schmitt). In modern academia, this conception of the nation is generally regarded with scorn as an outdated, primitive view. Among many people, however, it still holds tremendous sway as demonstrated vividly by the universal opposition to immigration by nationalist, as well as by the decline in social trust in multi-ethnic areas of the United States (Putnam). While there exists some genetic overlap between different ethnic groups in border regions, generally speaking, ethnic groups, and the nations they constitute, remain homogenous and distinct from one another. And even if they did not, as Walker Connor notes, “what ultimately matters is not what is but what people believe is” (Connor, 379-88).

Som una nació, nosaltres decidim

In determining if Catalonia possesses the right to independence and self-determination, one must first decide whether or not Catalonia constitutes a nation. As evidenced by the slogan above – which means “We are a nation, we decide” – Catalans clearly believe that they do. And all evidence unequivocally indicates that they are correct.

Indeed, Catalonia has previously experienced independence, existing as an independent kingdom until the fifteenth century when it was divided between the Spanish and French monarchies. Despite this conquest, Catalan culture – and a sense of “Catalan-ness” – survived and even thrived (Sahlins). The people of the region possessed a common language (Catalan), culture, symbols, and history that both united them and kept them distinct from their neighbors and conquerors. However, this distinctiveness was not preserved without a struggle. Various Spanish monarchs, as well as the dictator Francisco Franco from 1936 to 1975, sought to hispanicize the Catalans by banning their language and symbols. Attempts to resist were brutally and bloodily repressed, yet Catalonia’s distinctiveness survived into the current century.

After the death of Franco, the new Spanish Constitution granted Catalonia a limited form of autonomous self-government, and for several decades this largely satisfied the Catalans. Between 2009 and 2011, with the repression of Franco but a distant memory, this rapidly changed as various Catalan towns voted in symbolic independence referendums. In 2014, the first non-binding, Catalonia-wide referendum was held with a result of 81% in favor of independence.

Unfortunately for its supporters, however, this referendum encountered several difficulties. First, it was declared illegal and unconstitutional by the Spanish government, which then pursued criminal charges against the Catalan leaders responsible. Second, turnout only reached 42%, indicating that the referendum was not representative of the entire populace. And third, in subsequent elections, pro-independence parties received a plurality of the votes (48%), but never a majority.

Ultimately, this brings us to the Catalan independent referendum of 2017, which – due to the intransigence of both parties – threatens to engulf the Iberian Peninsula in its second civil war in under one hundred years. There were crucial differences between this referendum and those that preceded it. Unlike the previous referendum, the results of the 2017 referendum were binding. Furthermore, it was administered by a new Catalan leader, Carlos Puigdemont, who refused to swear the customary oaths of allegiance to the Spanish Constitution and monarch, King Felipe VI.

On October 1, 2017, approximately 42% of Catalans voted in the independence referendum, despite numerous human rights violations committed by the government of Spain in its attempt to disrupt the vote. The results were overwhelmingly in favor of independence – 92% supported the referendum. On the next day, Puigdemont took a fateful step and announced that Catalonia would declare its independence from Spain the following Monday, October 9, 2017.

¡No hay negociaciones con los golpistas!

To many Spaniards, the referendum was an illegal act and those who participated were criminals. Following the announcement of the results, millions of Spaniards took to the streets, shouting slogans – as in the video above – such as “I am Spanish,” “No negotiations with traitors,” and “Puigdemont to prison.” It is abundantly clear that the Spanish government under Prime Minister Mariano Rajoy took a similar hardline view of the Catalan independence referendum.

Although the Spanish government was correct in its stance that the referendum was illegal, and it rightly questioned the legitimacy of the vote, it grossly violated the human rights of its Catalan citizens as established in nearly every human rights document. As previously noted, however, it did not violate the European Convention on Human Rights, leading – along with no doubt more cynical reasons – the European Union to support Spain’s actions.

Generally, Spanish violations of Catalan human rights can be divided into two stages: the period before the vote and during the vote. In the weeks leading up to October 1, the Spanish government committed the vast majority of its human rights violations in Catalonia. Desperate to stop the vote from occurring, Spain infringed on the right to freedom of expression (censoring pro-independence websites, arresting pro-independence mayors, raiding the offices of pro-independence parties, occupying Catalan communications networks, threatening journalists cooperating with the referendum, and banning voting apps). The censoring of pro-independence speech, as well as the blocking of the actual referendum itself, violates the right to self-determination. However, Spain defended its actions, claiming that these actions were taken against criminals who were violating the law and undermining democratic processes. It likewise submitted a detailed rebuttal to all the claims made by the Catalan government.

On October 1, the day of the vote, the Spanish government dispatched hundreds of riot policemen into Catalonia. Videos subsequently emerged of policemen violently assaulting protestors, dragging people from voting stations, and seizing ballot boxes. Both El Pais and Le Monde, claim that many of the videos and pictures showing police brutality are fake. On the other hand, Catalan civilians also committed violence, throwing projectiles at policemen and assaulting anti-independence Catalans (the same video shows Spanish policemen administering first aid to pro-independence protestors). Other videos show Catalan protestors initiating violence against the police.

In the aftermath, the Catalan government claimed that over eight hundred people were injured during the clashes; however, El Pais, quoting Doctors Without Borders, disputed these figures, claiming that most of those individuals were not injured by the police. Furthermore, over four hundred police were injured.

Los independentistas catalanes han fracturado la unidad española

Addressing the Spanish nation in response to the Catalan independence referendum, King Felipe VI claimed that the separatists had fractured the unity of Spain, as well as Catalonia itself, and were undermining democracy. In an interview with El Pais, Spanish Prime Minister Mariano Rajoy admitted that Catalans constituted their own nation, but denied their right to secede. Rajoy professed the belief that Catalans should abandon extremism, and work to coexist with the rest of Spain in a peaceful and mutually beneficial manner.

Are the Spanish monarch and prime minister correct? Or do the Catalan people possess the right to secede?

Although the Catalans do constitute a nation, and nations do possess the right to self-determination, the current iteration of the Catalonian independence movement possesses little, if any, basis for secession from a human rights or any other standpoint. This is true for several reasons. First, Spain is a highly functional democracy. According to the 2016 Democracy Index, Spain is the seventeenth most democratic nation in the world, several spots above the United States. If Spain were an authoritarian, dictatorial state, then Catalonia would present a stronger case, but Spain is not an authoritarian state, it is one of only 19 full democracies. And in a democracy no group should possess the right to unilaterally ignore the law or constitution simply because they disagree with it. An obvious exception would be if the laws were unjust; however, the Spanish Constitution and law – from an outside perspective – are not unjust in their treatment of Catalonia. In fact Spain has gone to great lengths to attempt to meet the demands of the Catalans – guaranteeing their right to autonomous self-government, granting the Catalan language official status, and pledging to protect their culture and traditions among other initiatives.

Second, no independence referendum, including that of 2017, has managed to even convince a majority of Catalans to show up to the polls. In both 2014 and 2017, only 42% of Catalans voted, and in 2015, pro-independence parties only managed to receive 48% of the vote. Such low turnout – especially when combined with massive, Catalan anti-independence rallies – does not equal a popular mandate for secession. Third, the voting was marked by highly irregular and often fraudulent voting conditions. Some videos show Catalan individuals stuffing ballots into boxes with no oversight or demonstration of identity, while others have sparked debate on whether the boxes arrived to the polling places already full of ballots. Even worse, several journalists documented the ability to vote multiple times at the same polling place. Catalonia’s implementation of the universal census, which allowed voters to vote at any polling place, also significantly increased the risk of fraud.

Finally, the independence referendum is ultimately one of futility. Self-determination is about charting one’s own course, independent of other bodies; however, Catalonia does not plan on actually achieving independence. It is merely exchanging one master in Spain for another in the European Union, which is arguably far less democratic than the Spanish government. What is the point of self-determination if you don’t have control over your own borders, currency, trade, laws, research and development, or even arts funding?

Today, Monday the 9th of October, Catalonia – despite Spain’s cancellation of its parliamentary session – will attempt to officially declare its independence. Prime Minister Rajoy, as well as King Felipe VI, have continually stated that there is no situation in which they would entertain actually allowing Catalonia to achieve independence. They have pledged to employ all of the means at their disposal to halt such a declaration, including ending Catalan autonomy and ordering the military to exercise its duty to maintain the territorial integrity and constitutional order of Spain.

Ultimately, the Catalan pursuit of a pointless independence, possessing little to no basis in human rights or even common sense, could see a return to the bloodshed that characterized the apex of nationalism – the 1930s. Already the signs can be observed. The referendum is serving to polarize both sides of the issue, heightening Spanish nationalism, and encouraging violence. Increasingly, many disillusioned Spaniards – in a last bid attempt to maintain their country’s longstanding territorial unity – will look for example to the last Spanish leader who was able to control the separatist tendencies of Catalonia: Francisco Franco. And if that occurs, Catalonia will certainly have created a different world, but will it be a better world for Catalans?

 

Silence = Death: ACT UP

The basis of this blog is How to Survive a Plague. The story and all direct quotes are from this documentary.

a sign from the 30th anniversary of ACT UP rally
01a.Start.March.ActUp.NYC.30March2017. Source: Elvert Barnes, Creative Commons.

“We’re in a PLAGUE”, shouts Larry Kramer.

A plague to an outsider looks differently to an insider, particularly one who battles symptoms every day. The plague Kramer shouts of is HIV/AIDS and its decimation of the homosexual community. Until I watched this documentary, I had not considered AIDS a plague because its label was an epidemic or pandemic. My perspective on the topic was limited by my understanding of another’s plight. My first recollection of learning about HIV/AIDS happened in the early 1990s when Ryan White, a hemophiliac, died and Magic Johnson, a heterosexual basketball player, made his announcement. I still remember how as a middle-schooler, I rationalized the knowledge someone a few years older than myself died while also anticipating the death of one of my favorite basketball players. At the time, I had no idea the millions who succumbed to AIDS would die after a lack of treatment for the disease; nor did I know of the group of radical activists shaking up the government and scientific community with demands for intervention. The individuals of ACT UP, through the coalescence of anger and non-violent direct action, took the on the burden of the dying community. How to Survive a Plague chronicles the 10-year fight for antiretrovirual medications (ARV) needed to both save the lives of those living with the disease and help end the AIDS crisis in the US.    

Greenwich Village in New York City was the epicenter of HIV/AIDS in the early 1980s. During its initial outbreak, the virus was widely considered a ‘homosexual’ disease. Hospitals offered no treatments and turned the dying away, placing blame and responsibility for the epidemic squarely on the victims’ shoulders. AIDS Coalition To Unleash Power (ACT UP) began “fighting for their lives, patients and their advocates took matters into their own hands.” The activists, labelled fascists rather than concerned citizens, began locally – at NY City Hall in 1987, six years into the pandemic.

Peter Staley, a bond trader on Wall Street at the time, insisted, “I’m going to die from this. This isn’t going to be cured” because without government trials or treatments at that point in time, all hope seemed lost. Hope arrived in a scientist named Iris Long, who offered her time to explain and teach members of ACT UP the ins and outs of the scientific community, arming them with medication and funding information. Survival became dependent upon knowledge of what needed to go into the body; therefore, forming the Treatment and Data Committee (T&D). The goal of T&D remained reading medical journal articles as a means of raising awareness while arming the members with terms and ideas for advocacy. The first medical treatment offered was AZT.

AZT, for many infected including Staley, proved more harmful than helpful. First, it cost $1000 per year. Second, it was not widely available. Third, side effects were unbearable in some cases. Lastly, it did not prevent any opportunistic infections from attacking an already weakened immune system. Robert Rafsky questioned, “What does a decent society do with people who hurt themselves because they are human? A decent society does not put people out to let them die because they have done a human thing.” By 1988, over 800,000 people worldwide died of AIDS-related complications. For members of ACT UP, there was a direct correlation between the loss of American lives to AIDS and the government’s failure to make medications accessibly affordable and safe. Overseas markets had accessible medications, but Americans bought medication on the black market—the “buyers’ club”, a desperate means of saving their lives while protesting government agencies. The buyers’ club stored and sold medications not approved by the US FDA, and provided information about HIV/AIDS related infections, including opportunistic infections.

The US FDA tested and marketed ARVs at a significantly slower rate than Europe—7 to 10 years versus 9 months respectively. While the FDA sat on their power to make, test, and market medications, deceased patients gathered into garbage bags and refused by funeral parlors; disregarded and denied dignity, even in death. In 1989, hope arrived again through a partnership with Bristol Myers and NIH as activists used platforms to bridge the gap between science and themselves by reaffirming the same goal: saving lives. NIH increased research priorities and allowed activists to participate in panels regarding trials and treatments. By 1992, the death toll worldwide was more 3,300,000 and a small sample of ARVs was ready to trial in the US.

The goal of ARVs is to suppress and halt the progression of the virus. In the 1992 trial, researchers found that over the course of a week, suppression of the virus occurred but did not remain in most patients. Fortunately, in one participant dubbed “Patient 143”, viral load suppression stabilized over time. Despite this small victory, 1993-95 became the most difficult for the activists. Internal splintering of ACT UP created a division of priorities which resulted in the founding of the Treatment Action Group (TAG). George H.W. Bush argued a change in lifestyle and behavior could stop the threat/spread of AIDS, yet he failed to conclude that it is irrational to believe that others should change their behavior, specifically LGBTQ community, without him changing his response to their requests, demands, and deaths. Additionally, Europe confirmed the ineffectiveness of the ARVs that were accessible at the time. This setback meant a reframing, restructuring, and reanalysis of the AIDS research scientific process.

TAG activists, together with the scientific community, focused on the possibility of a triple drug combination rather than a single drug solution. In 1995-96, the Lazarus effect began to take place in patients after 30 days on the medications. The antiretroviral therapy (ART) combinations arrived too late for millions including Ryan White; however, they sustain and give life to millions of others including Magic Johnson. The decision of ACT UP activists spawned justice for humanity, not just the LGBTQ community. Staley summarizes, “…just so many good people [died]… like any war, you wonder why you came home.”

This Wednesday, October 4 at Birmingham Museum of Art, 6pm, ACT UP activist Peter Staley will participate in panel discussion “30 Years of Acting Up”. The panel is a part of the One in Our Blood exhibition taking place around the city, including AEIVA and Birmingham Civil Rights Institute.

 

The Transgender Military Ban, Part 1: Costs to President Trump

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”

President Trump shrugs at a political rally
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.

US Chairman of the Joint Chiefs of Staff
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.

Protesters hold a sign in front of the White House stating "Trans people are not a distraction"
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.

“Sesame Street” and Autism: An initiative about Inclusion

Sesame Street. Source: Gavin St. Our, Creative Commons.

Sesame Street introduced viewers to the newest “live” Muppet on the block, earlier this month. Her name is Julia and she is on the autism spectrum. Initially introduced in 2015 as part of Sesame Street and Autism: See Amazing in All Children Initiative, Julia’s interaction with the other residents on Sesame Street teach them how to befriend and include individuals who are different, without being afraid. Autism Spectrum Disorder (ASD) is a developmental disability that can cause substantial social, behavioral and communication challenges. Individuals with ASD communicate, interact, and learn in ways that are different to people without ASD. Dr. Stephen Shore believes that “If you’ve met one person with autism, you’ve met one person with autism.” Every individual diagnosed with ASD has diverse functioning abilities and level of autistic symptoms, making each individual case distinctive. Currently, 1 in 68 children worldwide are diagnosed with ASD. ASD crosses every social and economic sphere. The goal of the Sesame Street and Autism Initiative is to remove the stigma of autism. Julia optimistically reminds viewers that individuals with disabilities have the talent and ability to positively contribute to our society while making the world a more unique and interesting place.

Over the past two decades, the human rights perspective on disability has shifted from viewing people with disabilities as problems towards recognizing them as holders of rights. A universal victory for people and families with disabilities came with the ratification and adoption of the Convention on the Rights of People with Disabilities (CRPD) by the United Nations in 2008. For children who Julia represents, the CRPD guarentees that those children can go grow up and have the same opportunities to achieve their goals just like children without disabilities. The United States has not ratified the CRPD, although there are continuous adjustments to domestic policies, ensuring the protection of the civil and human rights of persons with disabilities. There are currently numerous federal civil rights laws that safeguard people with disabilities so equal opportunities in employment, education, voting without discrimination are made available. The Century Communications and Video Accessibility Act (CVAA) became law under the Obama administration on October 8, 2010. This law increases the access of persons with disabilities to modern communications, and is up to date with 21st century technologies. Technology can revolutionize how people with disabilities interact and live in a society intended for those with no developmental or functional disability. The ratification of CRPD and continued promotion of the general welfare of all citizens should remain the focus of future government administrations.

People with disabilities have been marginalized and excluded from society within all cultures. National and international laws and conventions do not protect from discrimination on an individual level, with common responses of pity or disgust, which reinforced disabled peoples segregation in society. The lack of understanding regarding ASD and other disabilities can make life more stressful and challenging for individuals with developmental differences. The societal treatment towards people with disabilities lead to the phenomenon of invisibility. The phenomenon of invisibility rationalizes that society has the “tendency to construct everyday life with only the able-bodied in mind and the greater the lack of a physical presence of disabled persons in the mainstream, the more “natural” this assumption appeared to be (OHCHR).” As of March 2017, the Office of Disability Employment Policy (ODEP) disclosed that only 20.4% of people with disabilities are employed compared to 68.7% employed individuals without disabilities. Likewise, the unemployment rate for people with disabilities is 10.6% compared to 4.3% for people without disabilities. Furthermore, in 2015, Cornell University approximates 20.1% of non-institutionalized individuals with a disability aged 21 to 64 years in the United States have less than a high school education. The invisibility of people with disabilities has a drastic effect on their enjoyment of civil and human rights because they have been excluded and isolated.

a picture of a child smiling a big grin
Smile for the camera. Source: Arielle Calderon, Creative Commons.

The stigmatization of people with disabilities will persist until society embraces disabilities as adaptable differences, rather than with negative connotations. For example, a study analyzing parental perspectives on the diagnosis of ADS found that parents of non-diagnosed children described the potential diagnosis as scary, dangerous and frightening. The study also found that parents with diagnosed children sometimes go through denial, and try to find other reasons for their child’s behavior because they are reluctant to label their child as having a disability. However after the denial stage, parents elaborated on how they are started to reconstruct their beliefs about ASD, and began to project ASD from a positive perspective. This is why initiatives like “Sesame Street and Autism” are so important; not only do they educate children and adults about ASD, but also normalizes and cultivates respect for people with disabilities such as ASD. In order to communicate, Julia expresses herself in different ways that other characters on Sesame Street, who are not on the ASD. She flaps her arms when she is very bothered or happy, avoids direct eye contact, and repeats words. Even though Julia’s behaviors are different, Elmo, Big Bird and the other characters have learned to adapt, accept through understanding, and intentionally include her in their play dates.

Autism made nation headlines was during the vaccination causing autism controversy, which misinformed millions, and portrayed a diagnosis and prognosis as a hindering, negative characteristic. Julia’s addition to Sesame Street has generated significant discussion about about autism specifically, and disabilities, generally, and the societal stigma surrounding them. Recently appearances on popular network shows such as the “The View” and “60 Minutes” allowed for explanation and clarification as to why “Sesame Street” felt it was finally time to introduce a character like Julia into the show. Stacy Gordon, the women who plays the voice of Julia, very much understands the hardships of autism and inclusion. Stacy’s son is on the autism spectrum. In an interview with 60 Minutes, she admits that her sons classmates did not understand how to react to his breakdowns and social differences. She truly believes that exposing parents and children to Julia is going to help progress our society into a more disability friendly world. Sesame Street‘s leadership and dedication to teaching children love and acceptance continues to pave the way for a brighter and inclusive future. This initiative constructs a conversation about disabilities and autism while it reinforces the positive narrative about differences and inclusion.

Indian Removal Act: The Genocide of Native Americans

a picture of a Native American headdress
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.

A Civil Dialogue on Immigration: Recap

A Civil Dialogue on Immigration, our panel event co-hosted by the UAB Office of Diversity and Inclusion, took place on Monday, March 21. President Watts introduced the evening by acknowledging the diverse community of UAB and the criticism faced by leadership from students and the Birmingham community for the inaction following the executive orders on immigration. The goal of the panel discussions is provide a forum for dialogue as a means of gaining understanding and cultivating empathy. UAB is limited in taking political positions as a public university, yet moderator Suzanne Austin says that UAB, through this panel, wishes to “take a deeper dive into rights of specific populations, demonstrate support for international students, and listen to the concerns of the public.”

A woman at a protest in London holds a sign saying, "I stand with migrants."
“I stand with migrants. Anti-Trump protester in London’s Parliament Square,” by Alisdare Hickson on Flickr.

There are four panelists: Selvum Pillay, Khaula Hadeed, Catherine Crow, and Inocencio Chavez, selected to aid in shedding fact on the misconceptions and misunderstandings surrounding immigration. Pillay, an administrator and international former student from South Africa, begins the conversation. He came to America in October 2001, and faced significant racism created by backlash from the prior month’s infamous attacks. He was told to “go back to Afghanistan,” but today still believes in fostering peace through discussion and the sharing of opinions. Hadeed gives voice to the importance of shutting down misconceptions about immigrants, specifically those of the Muslim faith. She provides statistics about immigrant demographics, including that are majority Christian and most often from Mexico, India, and China. She concludes her introduction with a bold statement that “we will look back and say that these years changed the future, and we must not repeat the horrors of the past.” Crow, is a former immigration attorney, who currently works at UAB as the director of International Scholar & Student Services. She works closely with the international students and faculty at UAB. Chavez is Youth Organizer for Community Engagement and Education Program at The Hispanic Interest Coalition of Alabama. He states that immigration is a human right, particularly for safety. Immigration, he says, is also a benefit to society by diversifying thought and understanding; cities and countries with the most immigrants have been the best and most effective. Chavez says his personal aim is to help Deferred Action for Childhood Arrivals students obtain educational help through Hispanic Interest Coalition of Alabama scholarships and non-federal aid programs.

The floor opens for questions. The first audience questioner asks, “Is there a difference between current and past vetting programs?” Hadeed answers by saying that there isn’t substantial knowledge on the new vetting programs, but gives her experience on past vetting programs. She says that there is a two-year vetting process involving numerous levels of qualification checks, and individuals can be turned down for something as inconsequential as inconsistencies in paperwork. Others can go through the entire process, be approved, and yet still be denied entry under executive orders. Hadeed says that she has lived here for almost sixteen years, but only became a citizen last year. Her husband, on the other hand, has been here for even longer and is still waiting on his.

A ripped banner that says, "Legalizacion Ahora!" and then "Legalization Now!"
“International Workers Day march in Minneapolis” by Fibonacci Blue on Flickr.

An audience member asks for opinions on the forty arrests over the last weekend, and how to protect targeted people, to which Chavez responds, stating their rights were violated. ICE may not be targeting innocent people, but innocent undocumented people are undereducated on their rights and tend to get caught up in ICE raids that focus on other targets. Chavez emphasizes the need to educate all immigrants and U.S citizens on their rights to deny entry, the right to silence, and other rights that many may not be aware of.

The third question is, “As an elementary school teacher, what should we teach about immigration?’ All panelists answer this question and their answers vary, but center on acceptance and respect. Pillay answers initially and says that he believes that children should be taught respect for others through the Golden Rule, because respect is the biggest service individuals can do. Crowe adds that she believes inclusion of lonely and unpopular students should be emphasized in schools, because we carry those inclusive attitudes from childhood into civil society. Both Chavez and Hadeed speak on themes of equality though diversity, and acknowledging and celebrating the uniqueness of every student.

A young girl with her hands in the air and tongue stuck out in a silly expression sits beside a sign reading, "No human being is illegal!'
“Rally for immigrant rights,” by Alan Kotok on Flickr.

There are a series of written questions asked by moderator Suzanne Austin to the panelists. All three questions focus on inclusion of immigrants in the workplace, involving economic change, job “stealing,” and the combating of misinformation on this topic. Pillay answers first and quickly says that the question of job stealing is a non-starter, because the question answers itself. UAB has four-hundred nurse vacancies alone; there is a surprisingly large amount of jobs out there. In addition, most immigrants are not taking desirable jobs. Crow adds that getting a job is not an easy process for international students. For domestic students, you can simply walk into a place and find a job easily and quickly. For international students, it is a lengthy process involving many forms, references, and other steps that employers often do not want to deal with. In addition, international students only have a period of ninety days after graduation to find a job. Even in cases where that period is extended up to two years for STEM majors, that period is punctuated with evaluations from the university and constant contact with academic advisors. Additionally, obtaining a work visa is awarded on a lottery system, so there is no guarantee that you will be allowed to work. There are also a number of protections for federal appointments for international students involving a public notice saying that domestic applicants can come to challenge the appointment. In essence, Crow is saying that the steps to getting a job for international students are so intensive that it does not make sense to claim that they are ‘stealing our jobs.’ Chavez has the final response by sharing a personal story. He says that when he grew up in a rural area, he and his parents works in tomato and melon fields. Non-citizens were hired to do this grueling labor intentionally so that the owners could underpay them—sometimes as little as one dollar for hours of hard labor. This is not a job that non-citizens are stealing from the American people, because no one would do that work for so little money. Austin answers the last part of the question about misinformation and says that UAB is doing that through public forums like these.

Two signs are held high against a background of trees. The signs say "Immigrants right are women's rights" and "We are all immigrants."
“”Immigration Rights Are Women’s Rights” & “We Are All Immigrants” Signs At The May Day Immigration Rights Rally (Washington, DC)” by takomabiblot on Flickr.

The final question comes from a man who introduces himself as Ramirez who works for an accounting firm. He says that undocumented immigrants pay taxes into the system but never obtain the benefits that documented taxpayers do. Many do not want to file anymore for fear of arrest and deportation. Ramirez asks, “Will it hurt the economy if immigrants are too afraid to file their taxes? What can we do to minimize being taken advantage of by people who try to underpay us and violate our rights?” Chavez answers and says to do something. Be in local government, host rallies, and organize. He warns that you will face plenty of rejection, but even if you only reach a single person, your message still spreads.

This panel was particularly effective because it magnified the voices of people directly affected by the executive order on immigration. It allowed non-immigrants to more clearly understand the institutional barriers and societal struggles faced by both documented and undocumented immigrants. As a model for civic dialogue, panel discussions are a fantastic tool to spread awareness and challenge prejudice in a civil way.

 

A Tie that Binds and Shapes Us

a picture of 16th Street Baptist Church from the Birmingham Civil Rights Institute
The 16th Street Baptist Church across from the Birmingham Civil Rights Institute. Source: Beth Bryan, Creative Commons.

Barack Obama, in one of his last acts as president, signed a proclamation that designated the Birmingham Civil Rights District as a national monument. For those unaware, the Birmingham Civil Rights National Monument includes the Sixteenth Street Baptist Church, Kelly Ingram Park, the A.G. Gaston Motel, Bethel Baptist Church, the Colored Masonic Temple, St. Paul United Methodist Church, portions of the 4th Avenue Business District, and the Birmingham Civil Rights Institute.  These locations are “hallowed grounds” for Birmingham because they serve as the epicenter American Civil Rights Movement.  We speak of the history regarding these locations. Sixteenth Street Baptist Church stands as the site of a horrific bombing that claimed the lives of four black girls: Addie Mae Collins, Carole Robertson, Cynthia Wesley, and Denise McNair. However, the Sixteenth Street Baptist Church was also—and still continues to serve as–a social center and lecture hall for education and social awareness; a headquarters for activism; and a platform for heralded visitors as it did in the past, for leaders like W.E.B. DuBois, Paul Robeson, Ralph Bunche, Dr. Martin Luther King, Jr., and most recently, Attorney General of the United States, Loretta Lynch who spoke her final message as a public servant.  The Colored Masonic Temple, which beyond its beautiful architecture, sat as the centerpiece for lively Black owned businesses and a booming downtown social life.  Dr. Martin Luther King, Jr. and some of the movement’s top leaders strategized in room 30 of the A.G. Gaston Motel, which also became known as the “war room”. Additionally, in this room, Dr. King made the decision to submit himself to being jailed—resulting in a “Letter from Birmingham Jail”. To this day, the “Letter from Birmingham Jail” serves as the most important written document of the civil rights era because of its tangible reproduced accounts in the fight for freedom and King’s response to the broad criticisms he has received from around the country. As you can imagine, I can write at considerable length about the historical facts and pieces of information I have picked up from the Birmingham Civil Rights District. However, the focus of this post is to address why this national monument is important.

The National Monument is a Mile Marker for Racial and Social Progress

What a society and its citizens choose to remember and create moments for, communicates a great deal about where their beliefs lie. At the same time, there is essential learning in understanding what a society chooses to forget. That said, I think that it is critical for each generation to understand the struggles and sacrifices many have endured to achieve equal rights because that cultural memory plays a role in the shaping of our collective identity. To this degree, we must accept the ugly truth that racism is embedded within our society and remnants of its power still resides within today’s social structure. In order for us to move forward in the solving of social problems, we must embrace this part of our history and understand how the intersections of race, class, privilege, gender, and so forth influences current issues. If not, then the politics of denial will continue to  define teachings of American Civil Rights Movement into a one month a year curriculum composed of mainstream heroes that is not taught widely enough or comprehensively addressed at various school levels. Through the national monument, we as global citizens are pushed to think critically about our past. We are challenged to ask ourselves how can we move forward in the fight for equality and equity locally and globally.  As important, we are reminded that the fight is not over.

This National Monument Preserves a “Balanced Realness” of African-American Culture

There is more to African-American culture than the mainstream depictions which tend to populate and reinforce negative stereotypes through mainstream media. The story of black people in Birmingham is one which highlights how individuals are able to rise from second class citizenship to obtain an education, contribute to society, maintain families, and overcome multiple challenges serves as a critical element of our American lineage. Through the Birmingham Civil Rights Institute, we are afforded the opportunity to hear those stories; learn of all the heroes and their sacrifices; and to speak with some of those “living griots” who volunteer to share their own knowledge and experiences with the public. And, it is just not in the very people. As previously stated, this national monument is hallowed grounds because the location itself is a symbolic repository of African-American culture that has often been paved over, gone through urban renewal, gentrified, and left to stand as unidentified culture markers in major cities.

The National Monument Reinforces the Hope of Our Collective Community

The Birmingham Civil Rights District is not just Black history; it is American history. In a society that continues to diversify and splinter, it is crucial for us to be reminded that we are still one community. Together, we share a common heritage and history of hope and resilience through tough times. To me, the beauty of the civil rights movement is that when you reflect, there are continuous instances where multiple ethnic and cultural groups have decided to unite in the face of oppression. Today, we are facing with some unique challenges. There are segments of our population who are not only oppressed, but seeking refuge and allies to stand with them. As we look for answers, our national monument stands as a constant reminder that we are the change that we wish to see, and all we have to do is come together.  In the words of Margaret Mead, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever does.”

In closing, the national monument is more than just a series of historical buildings and educational centers containing a collection of objects and documents. It is a powerful reminder of Birmingham’s culture and its impact on the larger American story. I am confident that as the fight for equality, equity and inclusion continues, we will find a way to find opportunity in the midst of life’s challenges because that is what we do. In the words of John Henrik Clarke, “What we have done before, we can do again.”

Female Empowerment via the Internet

The Internet is a veritable minefield of content for women. For adolescent girls, as they begin to explore their freedom and independence, this boundless online environment contributes to their ability to educate themselves on women’s rights earlier than ever before. Online articles on topics from personal health to social change grant a generation of young girls access to an increased knowledge base for advocacy and protection. The Internet also empowers adult women through professional education, resources for help in dangerous situations, and access to communities that may be inaccessible in their areas. The United Nations’ Guidelines on Women’s Empowerment states, “‘Advancing gender equality and equity and the empowerment of women, and the elimination of all kinds of violence against women, and ensuring women’s ability to control their own fertility … are priority objectives of the international community’.”  Empowerment at any age is vital to women in a time where sexism is still very much alive. In communities that may be lack gender equality, girls can find ways to adapt and thrive.

picture of a girl at a laptop
Source: StartupStockPhotos, Creative Commons.

The internet equips adolescent girls with accurate information about puberty, sexual health, and reproduction in cultures where discussing reproductive health is forbidden. Menstruation, a taboo topic in many cultures, is often punishable by death. In Nepal, a practice called “chaupadi” has resulted in the deaths of many young women. Though outlawed, the practice involves banishing menstruating girls from their homes because they are viewed as “impure and treated as untouchable,” according to the New York Times. Forced to live in tiny, poorly constructed sheds for the duration of their menstrual cycle, girls often die from animal attacks, exposure, or suffocation from lighting a fire without proper ventilation.

In an example more familiar to Americans, Donald Trump recently commented on a female reporter by saying, “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Though he later claimed that he was referring to her nose, the implication that periods contribute to irrationality garnered notice by much of the audience. Periods have long been used as evidence to block women from certain professions and fields. Some may recall a similar quote by Edgar Berman, claiming women were incapable of wielding political power because of “the raging hormonal imbalance of the periodic lunar cycle.” In direct response to Trump’s comment, social media created a campaign called #PeriodsAreNotAnInsult to empower menstruating females and erase the stigma of periods.

The online availability of domestic violence resources as proven crucial in the empowerment of women. The resources help save the lives of women in abusive relationships, including finding an escape from dangerous situations. Women are empowered to use  resources like the “safety exit” feature on many sites, which exits the site with a click of a button if their abuser is nearby, as exhibited on the National Coalition against Domestic Violence’s website. The ability for victims of abuse to find a support network is invaluable. In cases of those escaping situations where abusers left them isolated and degraded, many victims felt helpless and alone until they find an online outlet. At the same time, these websites also offer help to victims of human trafficking. Online tip centers and hotline databases can bring justice to numerous women.

a picture of a girl asking the audience to help prevent domestic violence
Source: Wikimedia, Creative Commons.

Online resources have been an avenue in providing an education outside of a traditional classroom. Women, previously hindered and halted in completing a college degree, now have the opportunity to enroll and graduate from online universities. Online education contributes to the empowerment of people with disabilities and social disorders. People with disabilities can find relief from an unaccommodating and inaccessible university through online classes. Women living with anxiety or sleep disorders can obtain educations without worrying about attendance or overwhelming social environments.

Finally, universal access to online communities is perhaps the most significant contribution to empowerment across genders, races, cultures, abilities, and sexualities. In societies that often silences minority voices, the ability to share your voice and connect with like-minded individuals is invaluable for both community and individual well-being. For example, the platform of Twitter has been a vital resource to the black community. According to the Pew Research Center, 40% of young African Americans online are on Twitter — more than 12% higher than the rate reported by young white Internet users. Jenna Worthan of Smithsonian Magazine writes an illuminating article on the relevance of Black twitter, saying in part that “black Twitter—and the Black Lives Matter activists who famously harnessed it—have created a truly grassroots campaign for social change unlike anything in history.” Beyond the activism aspect, a subject I wrote about in an earlier blog post, the beauty of Black Twitter is the visible, dynamic communal dialogue that allows white Americans a insight into the humanity and brilliance of a minority population.

The LGBTQ+ community also offers a vibrant insight into their culture through their online presence, while also extending support to people who are exploring their identities. Media platforms such as Tumblr gave rise to a vigorous culture of support for disabled people, giving hope and survival tips to afflicted individuals. Searching for the terms “disabled,” “chronic illness,” or “spoonie” (referring to spoon theory, which refers to a disability metaphor of how energy is dispensed through the day for chronically ill people) results in a plethora of supportive and potentially life-changing results. Increased visibility for these marginalized communities improves both how society perceives the group overall and each individual members’ well-being.

a picture of four Black women with t-shirts that read respect me, protect me, support me, and hear me.
Source: Flicker, Creative Commons

I am personally familiar with how valuable the Internet can be in advocating for and understanding human rights. Growing up in Alabama, where Southern culture can be particularly toxic to young girls, it was on social media sites that I was exposed to new viewpoints and gained access to social justice-related literature. I followed accounts and blogs run by marginalized members of society that I never had met in my predominantly white, able-bodied, middle-class hometown. I was able to discover my own identity and find how I fit in within these communities. Without access to the online communities where marginalized people freely and comfortably discussed their issues, I might be the same socially ignorant person that I was before I found online educational resources. I am certain that having access to the voices of people of color, LGBTQ individuals, persons with disabilities, and other groups has made me the person I am today: a passionate activist for all marginalized communities, whether I am a part of them or not.