While it may seem like a common practice throughout the world, only about 28% of countries still maintain the death penalty in both law and practice. Source: Yahoo! Images
Stay tuned for my next article, where I will explore how the process of the death penalty, as well as the methods used to end the lives of inmates, may bring up additional human rights concerns. That article will be posted in the upcoming weeks.
October 10th is the World Day Against the Death Penalty.
It was my eighth birthday. I had gotten home from school and after eating my snack, I sat down on the couch. My birthday is in January and my mom hadn’t gotten around to packing up the expensive nativity scene from my grandmother that was set out on the sofa table behind my head. I got bored with my show, as eight-year-olds do, so I turned around and started playing with the porcelain figurines. To me, they were no more than stiff, less fun Barbies. Little did I know all it took was one little high-five between Joseph and the wise man with the frankincense before *CRACK* Joseph lost a hand.
I still remember my mother’s face when I told her what happened. This nativity scene from her mother-in-law meant so much to her and she was feeling so many emotions. I knew that I deserved to be punished in some way for my mistake. I sat in time out for a while, I got a “stern talking-to” when my dad got home, and I didn’t see my favorite (real) Barbie for weeks.
My eight-year-old, future-philosophy-student self couldn’t help but question why all of this was happening to me. It was my birthday; my parents were supposed to be nice to me that day, but I still got in trouble. I knew that I should’ve been more careful with the figurine, but I also knew that what I did was an accident. I knew as soon as it broke that I had caused a problem, but I almost immediately learned from it: this material is weaker than Barbie material so I would need to use gentler hands when holding it. But I still couldn’t figure out why my parents were doing this. As I grow up, this concern still follows me. What motivates society to punish people who break the law? How could our system of punishment improve to allow people to learn from their mistakes and to still participate in society?
Minorities, especially racial minorities, make up a disproportionate percentage of prisoners on death row. Source: Yahoo! Images
Theories of Punishment
Retribution
The Retribution Theory of punishment holds that people who harm others deserve to be harmed and that the justice system should give them what they deserve. I like to call this the revenge theory or the “eye for an eye” theory. The arguments for this theory are, in my opinion, not very strong. Sure, it seems intuitive that when somebody wrongs us we want to wrong them back, but what good does that do? And should we really set up an entire justice system based on retribution when that only causes more harm to people, despite if they “deserve it?”
Deterrence
The Deterrence Theory of punishment holds that societies should punish moral failings in a way that when people hear about the punishment for a certain crime, it deters them from committing it. For example, people may not use drugs because they are afraid of what would happen if they got caught. If we want people to stop doing drugs, according to deterrence theory, we should inflict harsher punishments for those caught with drugs. The main critique of this theory is that it does not deter people from doing the thing, it only deters people from getting caught doing the thing, thus driving the whole crime farther and farther underground.
Restoration
The Restoration, Humanitarian, or Utilitarian theory of punishment is based on the idea that after a harm occurs, we should avoid any further harm coming to anybody involved. This may entail rehabilitating people with addictions to live addiction free or mandating driving school and road safety courses for negligent drivers. This doesn’t just apply to low-level crimes though. This may mean a prison system similar to Norway’s, where even the most violent criminals are kept in a remote community where their rights and privileges are upheld. The average sentence is around 8 months, and after they’ve had time to reflect on their actions, they are allowed to return to society as usual. Click here to learn about what went into the design of one of Norway’s most famously humane prisons. This theory is often criticized as being “soft on crime,” saying that if we don’t make going to prison incredibly unpleasant, criminals will not have any reason not to re-offend.
The youngest person to be executed by electric chair in the 20th century was 14-year-old George Stinney Jr. His conviction was later vacated as an unfair trial. Source: Yahoo! Images
Pragmatically, when we are deciding which theory of punishment to ascribe to, we are balancing the weight of the government’s function that motivates law enforcement with the human rights of everybody involved in the crime.
So what is the government function of capital punishment and does it outweigh the most fundamental human right, one’s right to one’s own life?
Government Function
It is widely agreed upon that the government’s most fundamental function is to protect the rights of people in its jurisdiction. This includes mediating conflicts in which a person impedes on another’s rights. In these terms, the crime of theft is when a perpetrator impedes on the victim’s right to own property. In this case, the government then has an obligation to interfere in some way to bring justice to the victim. Most of the time, this interference will constitute the government temporarily impeding on the rights of the perpetrator themselves. This may mean keeping them in jail until their trial, imposing a fine on them, or even sentencing them to prison time.
Human Rights
The right to life is inarguably the most fundamental natural human right that exists. All humans have a fundamental right to live their bodies’ natural lifespan through to its end. It can even be argued that humans have the right to the best healthcare available to extend their lifespan as long as possible. Without the right to life, no other human rights of any kind can be realized. This is why the most widely recognized phrase about human rights lists life as the first.
As the Declaration of Independence states, “We hold these truths to be self-evident: that all men are created equal and from that, they derive inalienable rights, among which are life, liberty, and the pursuit of happiness.”
To take someone’s life is to take away that person’s most fundamental, widely-recognized human right.
Balancing Both
Does the governmental function of societal safety ever justify taking away the perpetrator’s number one human right? Especially when, given that life in prison is an alternative option, societal safety is not even at risk by keeping these people alive. Many people will argue that keeping them in prison requires too many resources whereas the death penalty is a quick and easy way to save resources for the rest of society. Not only does this completely dehumanize people who have committed crimes, but it also switches the governmental interest from public safety to the much less compelling governmental interest of distributing resources. The interest in these resources is not compelling enough to justify the deprivation of someone’s life. Even if you think it is okay to impede on a perpetrator’s rights to prevent them from causing more harm to society, it is unclear that the deprivation of life would achieve this goal when life in prison is an alternative.
Three states still allow hanging as a possible execution method. Source: Yahoo! Images
According to the Retribution theory, people who took another life deserve to be killed solely on the “eye-for-an-eye” principle. But something doesn’t sit right when we try to defend this principle without dehumanizing people convicted of crimes. As a society, is it a good thing that we think a certain group of people deserves to die, even if their qualification into that group was voluntary?
According to the Deterrence theory, the death penalty may actually be an effective deterrence for prospective criminals. If they knew that committing this crime may literally mean the end of their lives, they may not commit the crime. However, it is unclear that the deterrence factor of life in prison, essentially ending people’s lives as they know it, is so much less effective than the deterrence factor of the death penalty that it justifies taking lives.
According to the Restoration theory, capital punishment stands no chance. This theory is based on the hope of rehabilitation for criminals, even if that means they are only ever restored insofar as to live a meaningful life in prison. This theory is considered to be the most humane approach to punishment, and as far as research can tell, the one compatible with the lowest recidivism (re-offending) rates.
When it comes to political corruption, the first countries that come to your mind are probably prominent ones that you have heard about in the news such as North Korea, Venezuela, Iraq, and countless many others. This article will concentrate on a smaller country that is having a more profound impact on the human rights of its citizens: El Salvador. It will be done by analyzing the leadership of its president, Nayib Bukele, and how he transformed the political and social landscape of Central America by going head-to-head with gangs and crime. His actions, rather than lowering crime in his country, have only exacerbated the crisis. While many Western citizens believe that taking the fight directly to the front is justified and right, it actually does not remedy the cause of the violence: a lack of socioeconomic stability and development.
The Problem
El Salvador is the tiniest country in Central America, but it was nicknamed the “murder capital” of the Western hemisphere because of the severely high homicide statistics in the world, excluding war zones. Gangs run rampant and have a staggering amount of control over the population as they facilitate the transfer of drugs and materials from the black market. For years, the previous government administrations ineffectively attempted to damper these issues, but they were unable to, which led to the rise of Nayib Bukele.
Who is Nayib Bukele?
With his rise to power as President of El Salvador in 2019, Nayib Bukele became the face of a new era of political aspirations for the people of his country. However, despite the pressures that came with him being the youngest governmental leader in Latin America at age forty-one, he faced the more daunting task of creating a government that would do away with the corrupt administrations prior to his own. By creating a political party under the name, “Nuevas Ideas”, with its English translation being “New Ideas,” while previously serving as the mayor of San Salvador, he advocated for change against the political establishment. He initially relied on the Frente Farabundo Martí para la Liberación Nacional (F.M.L.N.), a major political party that rose to power after the war between the guerrilla and government forces. The organization returned the favor years later by helping him win the office of mayor of San Salvador. However, it was his ability to form an independent party for his presidential campaign that caught the attention of the public. By becoming a political outsider, Bukele corruptly used this publicity and power of being the unheard-of candidate, and later incumbent president, to crack down on the gangs and rise in crime that have dominated the streets and consequently, which had a negative influence on the standard of living for all Salvadorans because the manner in which he did so was morally and legally wrong.
So far
On June 1, while speaking to celebrate the beginning of his fourth year as president, he renewed his promise to construct a prison that would contain criminals and gangs. This prison, later named the Center for Confining Terrorism, was built with the idea of housing over forty thousand inmates together. Bukele, in order to present a strong front against gangs, temporarily removed constitutional rights within the country, enabling those even under suspicion for being a criminal or being a part of a gang to be arrested without any form of trial or due process. Policies that control and get rid of crime are necessary and should be implemented to the fullest extent that they can, but this course of action is not representative of a democracy but rather a dictatorship. By referencing himself as “the coolest dictator in the world,” he is recklessly enforcing a vision of control that directly disobeys the constitution of his country. Furthermore, Bukele has allowed tens of thousands of armed military personnel to roam the streets of various cities, which he then justified because it worked in one city. These measures, along with multiple drone flybys over cities and sudden detainments of any citizen, strip Salvadorans of their basic human right to live without fear of being wrongfully imprisoned. A government that rules with fear is one that does not properly rule at all because the purpose of government is to provide hope and help to people in ways that others cannot.
Image 1 – Source: Yahoo Images; The unnecessary torture of prisoners being for the public to witness and hopefully enact action.
Ending it once and for all?
Image 2 – Source: AmnestyUSA; An image of citizens taking to the streets to demonstrate how pressing of a matter it is.
Going forward, Human Rights Watch (HRW) has provided solutions for how to better solve issues with crime and gangs in El Salvador. They directly addressed various contributors to human rights violations, such as the Bukele administration, legislative body members, the attorney general, and other government officials. The most compelling course of action given to the Bukele administration was to confront why someone would want to join a gang, which would consist of resolving the economic and educational disparities that deprive citizens of having the chance to maintain a prosperous lifestyle. Putting people behind bars is seldom the answer to reducing crime because it does not address the issue at its core. For the legislative body, the HRW recommends that they immediately terminate the state of emergency that has allowed President Bukele to enforce soldiers in the streets and imprison any person with suspicion of being in a gang. Applying this course of action will be a challenge for the legislators because of their unicameral body that has typically leaned towards supporting Bukele.
Final Say
Image 3 – Source: AmnestyUSA; An image of family that represents plenty of other families that could be experiencing similar hours.
The human rights violations that have exponentially grown in El Salvador are because of the discourse and leadership of President Nayib Bukele and his advocators. They believe that they are effectively getting rid of gangs and other forms of crime in their country, but the manner in which they are doing so has caused them to have a destructive aftermath on citizens who want no part in this war. Furthermore, the deterioration of conditions in prisons that are already housing an increasing number of inmates demands the attention of people from around the world as these atrocities deserve to be seen and heard so that its enablers are held accountable.
A Philosophical Take on the Detrimental Climate Effects of European Colonization in North America
Much Indigenous cultural and epistemological wisdom is passed down by their Elders. Source: Yahoo! Images
I would like to begin by recognizing that the land I sit on while I write was stolen in cold blood by European colonizers. On a once flourishing forest valley now sits tons upon tons of concrete. On land once occupied and cared for by Creek and Choctaw peoples now sits freshly mowed yellow lawns painted blue, overflowing drainage pipes, and office buildings filled with tired, underpaid workers. It is with a heavy heart that I mourn the loss of Indigenous people and their cultures at the hands of greedy White supremacist colonizers. With this article, I do not wish to convey that climate effects are the only or the most detrimental result of European colonization and their genocide of Native peoples. Life, culture, language, and knowledge, to name a few, are some of the more immense losses. The purpose of this article is not to reduce this catastrophic event to solely how it affects the climate today but to bring attention and reverence to Indigenous philosophies, traditions, and ways of life that can inform our modern discussions of climate change.
As a precursor to this article’s more philosophical take, you may want to read about the historical contexts of colonization. In this case, please check out this article recently posted by my colleague here at the IHR, Kala Bhattar.
Concrete Jungles
How do you provide for yourself and your family?
Your answer probably involves producing a product or carrying out a service that society deems valuable enough to attribute money to you for it. You then use that money to buy food, water, and shelter from those in your community who produce or own it. Money probably plays a huge role in your everyday life, and if you’re anything like me, it’s probably one of the larger stressors on your mental health. How much of our lives do we have to sacrifice doing hard labor or sitting behind computer screens in order to make enough money to stay alive to do that work all over again? When was the last time you ate food that you or your loved ones didn’t spend money on? When was the last time you wandered into a forest to breathe unpolluted air and observe the plants and bugs that call your land home? Why does modern culture demand of us that we focus all of our energy on acquiring wealth and ignore our own mental health to do so?
The monarch butterfly has recently become endangered because of deforestation and climate change affecting their migration patterns. Source: Wellfield Botanical Gardens
Modern Western society does not live “at one” or in harmony with the Earth. We no longer heavily rely on nature and the climate, but increasingly rely on money and the economy. It’s as if this planet is solely a stomping ground for a “holier than thou” species to level out and cover in concrete. The Earth has been screaming back at us for years. We’ve seen endangerment of species such as the monarch butterfly, rising sea levels, and one of the worst wildfire seasons to ever be recorded. This is consistent with deforestation, the degradation of the ozone layer, and rising global temperatures. These are all aspects of the climate that human activity has affected. In North America, the notion that humans are separate from the ecosystem, that distancing oneself from nature is “more civilized,” and that relying on the flora and fauna of one’s homeland is “primitive” or “dirty” roots all the way back to 1492.
Symbiotic Humanity
Before European pilgrims traveled over to the North American continent, the land was inhabited by vastly diverse Indigenous tribes and nations. Some of these tribes were nomadic and lived by moving around the landscape, hunting and gathering an array of foods as they traveled. Others were mostly stationary, growing crops and raising farm animals to provide for themselves and their communities. There were many groups with many different worldviews, religions, and philosophies. The one thing that united them all was their profound reverence for the forces of nature. They saw themselves as a part of the ecosystem of the land they lived on. It was an honor to raise crops and livestock and to participate in their homeland’s well-being. They promoted biodiversity, expressed empathy and gratitude towards the animals they ate, and valued cooperation in and between their communities. They practiced herbal medicine, tending to their sick and injured with natural remedies that they had identified to have healing properties. They even had their own forms of religion/spirituality centered around connecting one’s spirit to the Earth, feeling what Mother Nature needs, and providing that for her in exchange for her providing for them. The human population on the North American continent was thriving and developing. There was peace within and between nations for the most part. All of their needs were taken care of so they could focus on negotiations rather than violence.
Squanto (right of center) was a member of the Samoset tribe, known for being friendly to the European colonizers, teaching them language, agriculture, and traditions. Source: Yahoo! Images
Property and Greed
When the Europeans arrived, the Americans taught them how to live on their continent. They taught them how to grow crops in their soil, hunt for their own food, and use every part of the animal including the hide, bones, and meat. They were more than willing to allow these settlers to join them in their symbiotic relationship with nature. To them, more people meant a more diverse and stronger community to help each other out.
One can imagine their surprise when the Europeans introduced them to greed. They introduced them to the ideas of personal property, wealth hoarding, and social status based on material goods. They saw all of this land as unclaimed and up for grabs since the Americans had no formal ownership system. They started violently enforcing this ‘property view’ of land onto the Americans. They would claim plots of land as their own and hoard all of the resources that could be obtained from it. They also were not fond of the Americans’ religion. They started threatening them with eternal damnation if they didn’t convert to Catholicism. They called them “primitive” for their symbiotic relationship with nature, and “savages” for their denial of Christianity.
Centuries later, after colonizing the East Coast, the English-speaking Europeans separated from the British monarchy and believed it was their god-given manifest destiny to own the land all the way to the West Coast. So they loaded up their swords and crossed the Appalachian mountains, slaughtering and relocating the Native people along the way. Although many Native tribes had helped Great Britain during the Revolutionary War, Great Britain was nowhere to be found when the colonizers perpetuated their genocide.
This wildfire season has been the worst Quebec has ever seen. Indigenous people, while only 5% of Canada’s population, make up 42% of wildfire evacuees. Source: Global News. Click here to read more about the personal effects that these wildfires have caused Indigenous families and communities.
A Culture of Climate Apathy
Today, we live in a world where we mow our lawns once a month and call it environmental care. We plant uniform gardens outside our homes solely for aesthetics without caring that the ‘weeds’ we pull up are the only sources of food for certain butterfly and bumblebee species. We stomp spiders into our carpets for daring to wander onto our property. We spray poison on our foods so that humans are the only ones that can eat them, and we pack hundreds of cows into small barns with no ventilation to steal their children’s food for ourselves before slaughtering them when they stop producing. We can’t survive without constant air conditioning (partly because global temperatures have been consistently warming for over 50 years) and the air we share has record-high levels of carbon in it.
We have taken ownership of the Earth and drained it of its resources. The Earth was never meant to be claimed for oneself; it was never meant to be commodified. It was never meant to be drained of oil to fill the pockets of wealthy CEOs. The Earth was meant to be shared by all its living beings. Similarly, humans were never meant to be in solitude. We were meant to live symbiotically with each other and with nature. Greed has divided us as one humanity; it murdered the Native American tribes and robbed the Earth of its biggest supporters. And I am afraid that Mother Nature might never accept our apology.
The Urdd and the IHR. Source: Institute for Human Rights.
by Sumaira Quraishi
On September 15th, 2023, the Institute for Human Rights (IHR) at the University of Alabama at Birmingham (UAB) and the Urdd, a Welsh youth organization, spent an afternoon together exploring human rights initiatives in Birmingham and the history of the Civil Rights Movement.
Dr. Tina Kempin Reuter, Director of the IHR, made opening remarks welcoming the Urdd delegation to UAB and facilitated introductions between the Urdd and members of the IHR team. Dr. Reuter then spoke on how the IHR is raising awareness of and advocating for human rights by making safe spaces to have open dialogues and hosting human rights advocacy conferences. Ms. Siân Lewis, Chief Executive of the Urdd, explained that the Urdd is the largest youth organization in the world and has been active for over 100 years. The Urdd’s primary objective is spreading a peace and goodwill message, with the focus this year being on anti-racism. The Urdd also aims to share the Welsh language and culture with others while learning about other languages and cultures around the world. The Urdd distinguishes itself in its anti-racism efforts through its “Galw Nhw Allan” (“Call Them Out”) motto, which encapsulates the Urdd’s desire to take substantive action against racism. In a video shown at the event, student leaders from the Urdd are shown describing the need to dismantle systemic racism through education to show the beauty and unity people’s differences bring to our communities.
Two members of IHR led the group in a privilege walk, an activity that involves asking participants to line up side-by-side with their eyes closed and take a step forward if they agree with certain statements, or take a step back if they agree with others. Examples of the statements read included “Take a step back if someone in your immediate family is addicted to alcohol or drugs,” “Take a step forward if you see people with your skin color in your local government,” and “Take a step back if you have ever had to skip a meal or multiple meals due to your financial situation.” At the end of the exercise, every person of color from the group was at the back of the room, and every non-person of color from the group was in the middle or front of the room. This exercise was done to highlight the various advantages and obstacles faced by people around the world and fostered a great discussion about diversity and inclusion amongst the IHR and the Urdd.
At the beginning of the meeting, members of the IHR handed out pieces of numbered paper to everyone in the meeting room. People with even numbers received a leaf to pin to their chest and people with odd numbers received a ribbon. After the privilege walk, everyone was asked to find a seat at tables decorated with pumpkins if they drew an odd number or tables decorated with scarecrows if they drew an even number. A short video on Jane Elliott’s “Blue Eyes/Brown Eyes” experiment was shown where Ms. Elliott divided her class by eye color and favored blue-eyed children one day, and brown-eyed children the next, giving each favored group more praise and privileges over the other group. The class soon adopted hateful and derogatory views of the out-group, bullying members of the unfavored group which was distinguished by brown collars tied around their necks. To simulate this experiment, two members of the IHR went around telling people with leaves pinned to their chests to get second helpings of lunch and engaging members of that group in conversation. Contrastly, the two IHR members ignored people with ribbons pinned to their chests and neglected to mention that those with ribbons could go and get second helpings of the food being served. The experiment was revealed after lunch was finished, to the surprise of the room which had no idea the simulation was being carried out. A short discussion followed on how discrimination affects people in real life and the unique challenges faced by people daily due to discrimination.
A tour of the IHR office space followed lunch and the Urdd delegation kindly presented IHR with a flag of Wales, a Cardiff University dragon plush, and Cardiff University silk scarves. Thank you to the Urdd for the thoughtful gifts!
The final event of the day was a screening of Four Little Girls directed by Spike Lee and a Q&A session with Michele Forman, Director of the Media Studies Program at UAB, who helped with the production of Four Little Girls. The film follows the events of the Civil Rights Movement in Birmingham, Alabama, and includes interviews with the families of the children killed in the 16th Street Baptist Church bombing in 1963. In the Q&A session after the showing, Ms. Forman described how every aspect of the film needed to answer the question “How does it help us understand what happened to the girls that day?”. A particularly impactful statement from Ms. Forman when asked what the rationale for using post-mortem photographs of the four children killed in the bombing in the film was that the destruction and exploitation of the Black body are used too much in media, but it was needed in the film to show that we will not move on from this tragedy and will not forget “what racism comes to bear on the Black body.” Thank you to Michele Forman for facilitating an insightful discussion of the film and the Civil Rights Movement!
Victims of the 16th Street Baptist Church bombing. Source: Yahoo Images.
The IHR is grateful to have had the opportunity to connect with the Urdd and looks forward to future collaborations!
Watch the full Peace and Goodwill message video here.
** Some information in this blog was obtained from reputable news sources who reported on evidence obtained from public records requests. Narratives constructed from this have been presented as such and are still under investigation, please take this into consideration.**
This blog is a follow-up on the ongoing protests against the Atlanta Public Safety Training Center, otherwise known as Cop City.
To learn about what Cop City is, its historical background, and efforts to end this mega-development project from destroying Atlanta’s last major urban forest, read my article here. In the meantime, the Atlanta City Council approved the funding for the Atlanta Public Safety Center, i.e. “Cop City” in early June 2023. What is described below are the developments since my last post.
Since March, the movement to stop Cop City and relationships with law enforcers have only become more contentious. Construction in the South River Forest has begun, while the efforts to stop it have only become more fervid.
Autopsy revelations and public record reports
Environmental activist Manuel “Tortuguita” Teran (they/them), was lethally shot 13 times on January 18th, 2023. The altercation between state troopers and protesters began simply over the forced removal of activists from the site soon to be developed into the nation’s largest police training facility. Instead of peaceful dialogues or dispersions, the incident ended in the tragic killing of Manuel Teran.
Much speculation surrounds this event given the lack of body-cam footage as state troopers do not usually wear body cams. Given the presence of multiple other agencies, however, such as the DeKalb County police departments, Georgia Bureau of Investigation, and possibly the FBI, the lack of footage is concerning in and of itself.
In whatever case, Teran’s family has released the conclusions of an independent autopsy they had done. Based on the location of bullet wounds, the report hypothesized that Tortuguita was more than likely in a cross-legged seated position, with their hands raised in the air. Tortuguita suffered from multiple gunshot wounds, but most tellingly, they had several exit wounds through their palms.
The Georgia Bureau of Investigation (GBI) released a statement on Friday, March 10th stating that the initial autopsy was conducted by the DeKalb Medical Examiners Office and that the GBI would not be communicating more at present due to concerns over the ongoing investigation. The state has still not released its own autopsy report over two months after Tortuguita’s death.
In spite of this, incident reports have become available (alongside the independent autopsy) and state that, in contradiction to widespread claims that police acted in “self-defense,” just the opposite is true.
These new records were obtained by The Guardian through a public records request with the Georgia Department of Public Safety 一 previously unreleased in the wake of international outrage calling for answers and accountability. The written narratives are not to be totally trusted, memory is a fragile thing often more subject to our imagination than we would like to believe. With this in mind though, a tentative sequence of events can be gleaned from the multiple officers’ reports on the day of Teran’s killing.
The following is the sequence of events gleaned from reports accessed by The Guardian.
Before the police raid, officers and SWAT teams were briefed on the ‘domestic terrorists’ trespassing in the forest beforehand, with claims that demonstrators might possess rifles, pistols, explosive devices, or Molotov cocktails. It was stated that the Defend the Atlanta Forest group had national contacts and widespread solidarity. Additionally, officers were warned about the possibility of booby traps and tripwires. Lastly, officers were warned some protesters may throw fecal matter or urine, and since, quote, “it was known that some trespassers carried STDs” this may lead to infection for the city personnel. (It should be noted this is not how STD transmission works.)
Three search teams of officers were deployed into the forest. The second team, consisting of SWAT, were the ones who encountered the large encampment where Teran resided. They approached their tent from behind and noted movement inside, the tent flap was closed. This is where some accounts start to contradict slightly in their order of events, however, the main components remain the same.
Officers ordered Manual Teran to exit their tent or they would be arrested for trespassing, to which they responded, “No, I want you to leave.”
At this point, Teran either opened the flap slightly, surveyed, and then re-closed the entrance, or asked what they were being arrested for without opening their tent flap beforehand. In either case, Teran opened and closed their tent flap at one point to which one officer wrote that this was “resisting orders.”
Then there was an order to fire a pepper ball gun into the tent and chaos ensued.
After hearing cracking sounds inside, officers began firing into the tent.
One officer called out they had been hit and medics rushed to provide immediate medical attention. The same was not given to Teran.
After opening their tent with a ballistic shield and a diversionary device was deployed, officers found Teran with multiple gunshot wounds, “unquestionably deceased.”
Coinciding these written accounts with body cam footage of officers in other parts of the forest, at 9:01 am four shots were heard followed by a flurry that lasted approximately 11 seconds. At 9:02 am officers heard on the radio that one was injured.
Body cam footage caught the discussions of police a few minutes after the incident and caught one asking, “Did they shoot their own man?”
Figure 1: Source: Yahoo Images; A protest sign that reads “Climate Justice Now!”
Tortuguita is the first environmental activist to be killed by the police in America.
Protests of destruction over Cop City construction
As construction began on the proposed Cop City site in the Weelaunee Forest, attempts to remove protesters have a renewed fervor. Two ‘clearing out’ raids to remove protesters from the forest have been conducted by police since construction began, the first of which resulted in the death of an activist.
Nearly two months later, Cop City has come under the scrutiny of international attention, and feelings surrounding the issue have only intensified. In the first week of March, protesters planned to hold a “week of action” wherein a coalition of people from various social justice networks would come together over the growing concerns to stop Cop City.
Figure 2: Source: Yahoo Images, Photo credit to Black Voters Matter Twitter; LaTosha Brown (Front Left) and Cliff Albright (Front Right), founders of Black Voters Matter while in Mississippi on a Voting Rights Tour.
These included Atlanta-area residents, organizations such as the Community Movement Builders and Black Voters Matter, and a local rabbi. The week was to include a music festival, a Shabbat, and a “know your rights” workshop.
However, during the music festival, certain protesters entered the construction site and set fire to construction equipment. The events escalated further to include throwing bricks at officers. In the end, 35 people were detained.
This too has become massively contentious as 23 of the 35 detained were at the Weelaunee Forest Festival 一 located over a mile away. On March 5th, an hour after the events at the construction site, police arrived at the festival and began arresting people, especially those with out-of-state IDs. These individuals have been charged with domestic terrorism (a sentence that can carry up to 35 years) for ‘vandalism’ and ‘arson’ of the site over a mile from the concerts.
On March 23rd, a judge denied bond to 8 out of 10 defendants. Only two were granted bond at $25,000 and with numerous other conditions. One was a law student who had been at a food truck in the area when arrested. They were almost forced to withdraw from school before finally being granted a bond and being ordered to wear an ankle monitor. Another person was denied bond because they live in New York as the sole caretaker of her aging uncle with dementia. She was denied bond because the judge deemed her a “flight risk.”
These arrests of people attending the music festival have been called indiscriminate because of a lack of evidence from the police and little to no case from the prosecution. Micah Herskind commented:
“During these bond hearings, it was clear that the prosecution has not yet put together any case. They are using these fallbacks. You know, one of the examples that they gave was that people were wearing black and that that was evident of playing on the team, of being on the side of the protest. And so, you know, the charges are all really shaky. There’s really no legitimate evidence that’s been put forward.”
Intake paperwork of arrested individuals also noted mud on people’s clothes as probable cause for being at the construction site despite the music festival being hosted in the South River/Weelaunee Forest.
Tensions have only been rising, and with it, the threat of violence, in whatever form be it legal or physical, has become apparent on both sides of this contentious issue.
The creation of labels and narratives impacts on social justice movements
Since protesters are being labeled as domestic terrorists, we need to understand the implications of this language, or better yet, where it originated from.
In an email from April 2022, the Atlanta police and fire department described the movement to save the Weelaunee Forest as a group of “eco-terrorists” in correspondence with the FBI over unspecified investigations.
This would not be the first instance of the FBI insinuating violent behaviors in those with environmental concerns.
Figure 3: Source: Yahoo Images; Image of an FBI Terrorism Task Force jacket.
The Stop Cop City movement gained international attention after the killing of Tortuguita Teran, however, support had already crossed state borders in the U.S. as demonstrators spread their message on social media.
On July 18th, 2022, a Twitter account named “Chicago Against Cop City” began posting information on the campaign to resist the construction over 700 miles away. Additionally, a post on the same day promoted a speaking event at a local bookstore on Chicago’s West side. This was one of several events that activists held over the year, and across the country, to educate people on the plan to construct Cop City and raise awareness surrounding the issue.
According to research conducted by Grist, it took less than two weeks for the FBI to flag the account and begin tracking posts on the account, including other Chicago activist groups, and events. Grist also obtained FBI records through a Freedom of Information Act request which they have made publicly available. This first document focuses on the “potential criminal activity” of groups resisting the development of the Obama Presidential Library, Tiger Woods golf course, and Chicago Police Training Center that would destroy over 2,000 trees (page one).
It goes on to claim that Chicago Against Cop City is a “spin-off” of the Defend the Atlanta Forest group (page 3), however, according to a spokesperson for Rising Tide Chicago they do not know who created the Chicago Against Cop City Twitter account and claim that it “doesn’t appear to be a formal group.”
Mike German, a former FBI agent who now works as a fellow for the Brennan Center for Justice in the Liberty and National Security Program, reviewed the documents and stated that the FBI had made several misleading statements meant to create a narrative. While it is true that some violent and destructive events in Atlanta have occurred, no evidence was given in this dossier to support any direct connection with either organization in Atlanta or Chicago. Moreover, the Chicago Police Training Center did not require the clearing of forested land, and most controversy in the last couple of years on the issue focus on the cost of construction being $170 million.
In the second document, on page 15 the Defend the Atlanta Forest group (DTAF) is called “a very violent group” and noted that Chicago has several projects of a similar nature (threatening environmental spaces against public wishes). This report then claimed that “DTAF members came to Chicago to provide training to like-minded individuals.”
While these documents have an emphasis on Chicago, the first document I mentioned also includes photos of similar accounts in Minnesota (page 12).
According to Adam Federman, one unnamed activist who had traveled to Chicago in July 2022 had only given “informational slideshow presentations” that had no training and merely focused on raising awareness about the issue.
Figure 4: Source: Flickr, Photo credit to Chris Christian; Image of graffiti saying “Free Speech *conditions apply.”
None of the “evidence” collected by the FBI has shown any encouragement of violent tactics.
In the end, the dossier that was created by the FBI on August 16th, 2022 is important for several reasons. One, the FBI is clearly monitoring actions that are protected by the U.S. Constitution and as human rights, which include freedom of speech and assembly. These rights are clearly laid out in the Universal Declaration of Human Rights in Preambles 18, 19, and 20.
Moreover, the usage of the labels “Anarchist Violent Extremists (AVE) and Environmental Violent Extremists (EVE)” set the tone for how these groups and their concerns are approached by law enforcement (page 4). This has been made clear in the case of Tortuguita Teran when teams that entered the forest that morning were informed about the alleged “violent nature” of the DTAF activists.
Changing dynamics of protests: Resisting assaults on social justice attempts
It is clear that the issue over the destruction of the South River forest is one that extends beyond Atlanta. Groups in Chicago have contested the destruction of Jackson Park on the South side and other green spaces. Also, concerns over police militarization are not just in Atlanta but extend hundreds of miles away in the United States. This very reason has prompted resonation with abolitionists and environmental activists alike.
More and more police training facilities are being built across the country and some are estimated to cost around $120 million to $150 million in construction. Two have been proposed in both Pittsburgh and Chicago despite public outcry.
However, in the face of this coalition building across specific issues and geography, new and more frightening narratives are being written to undermine the efforts of these groups. This is not to say that violence and destruction are answers but to emphatically denounce strategies that seek to end civil rights and social justice movements with arbitrary arrests, exaggerated charges, and monitoring of activist groups.
The use of social media is a revolutionary tool for activists since it has the power to succinctly and quickly reach a broad audience 一 a crucial step in sustaining a thriving movement. This, alongside workshop events on rights and training on peaceful civil disobedience (this latter one not being mentioned as occurring in the Chicago or Atlanta groups), are tactics that are protected and signal a thriving political culture. This shows that a nation has strong democratic values as people seek to not only engage with their local and national governments but also do so with the equality of all people.
Instead of monitoring with suspicion and animosity, we should celebrate the diversity of people who have come together to raise their voices in support of their goals. There is hope here. What may look like tensions, anger, divisions, and even hate, also shows us the passion of so many people of different backgrounds and social causes being engaged. It shows us that there are those who will not accept a lack of representation, lack of community, or lack of safe environment. It shows us that, if only the channels of communication would open, there are people screaming, chanting, and singing for the opportunity to work for a future for us all. There are people who are fighting in the forest for more than just the space, but for a future.
After a public meeting that stretched 14h and in which many people spoke out against the project, Atlanta City Council approved “Cop City” in a vote of 11-4 on June 6, 2023. The Council agreed to provide $31m in public funds for the center’s construction and approved a provision that requires the city to pay $1.2m a year over 30 years ($36m total) for using the facility. The rest of the $90m project is to be funded by private donations to the Atlanta Police Foundation, the non-profit responsible for planning and building the center. Atlanta organizers unveiled a plan to stop “Cop City” at the ballot box.
If you want to learn more about activism or the organizations mentioned in this article, check out the links below. Also, if this is an issue you feel connected to, please contact your local, state, or federal representative to express your concerns directly. Urge your representatives to reach out and begin talks with any activist groups because we all have a part and voice to play in securing our rights and ensuring the best, most equitable community.
The Implications of Selective Activism on Human Rights by Danah Dib
The City in the Forest Soon to be Cop City by Alex Yates
Remembering Rev. Dr. Martin Luther King, Jr. as we Celebrate Human Rights Day by Chadra Pittman
Parallels of Democratic Turmoil: Looking at Riots in the U.S. and Brazil by Alex Yates
Juneteenth has been historically celebrated by many Americans since the late 1860s, yet it is only recently that it has become mainstream. Today we focus on why that is, what Juneteenth celebrates, and how we can do a better job incorporating this holiday into our lives. Although it has been around for so long, Juneteenth was only recognized as a federal holiday on June 19th, 2021, following the summer protests of the Black Lives Matter movement in response to the brutality experienced by George Floyd at the hands of the law enforcement system. June 19th, or Juneteenth as it is known widely by those who have celebrated it since its founding, is the day we commemorate the abolition of slavery in America, freeing enslaved African Americans through the passage of the Emancipation Proclamation and the Thirteenth Amendment.
History of Juneteenth, The Emancipation Proclamation, and The Thirteenth Amendment
Image 2 – Source: Yahoo Images
The Civil War was one of the bloodiest wars that Americans have ever fought, and it lasted four long years. The war was between the Union, which was made up of much of the northern states above the Mason-Dixon Line, and anyone below that line seceded from the main country and swore loyalty to the Confederacy. The Mason-Dixon line, which was passed in 1861, was designed to be a compromise that allowed Southern states to continue to use slave labor in the South in their fields and farms, while the Northern states were moving to abolish slavery within their boundaries. While the North depended on their seaports and industries, the South primarily produced the cash crops like cotton, rice, and indigo, that were being shipped across the oceans and transported by railroads across the lands. There were a few border states in the middle that did not want to give up slavery in their states. Lincoln, recognizing that he needed those states in the Union to have a chance to win the Civil War, permitted them to continue to use slavery while being a part of the Union.
In an attempt to change the course of the Civil War and keep the nation from breaking into two parts, President Abraham Lincoln wanted to weaken the Confederate forces so the Union forces could be victorious. This, he assumed, could be done by targeting the Confederacy’s economy and economic infrastructure, which at that time, was primarily dependent on slave labor. President Lincoln issued the Emancipation Proclamation in 1863 as an executive order, freeing all the enslaved individuals in all Confederate states that did not yield to the Union troops. With the passage of this document, the South could no longer rely on unpaid labor, leaving them in financial turmoil and giving them no other option but to surrender to the Union troops. The document is largely believed to have abolished slavery entirely in America, but the reality is that this was a political move during a war by the President to ensure that the Southern economy would be devastated. This proclamation did not include the border states which were already part of the Union but were employing slavery in their states. This meant that the enslaved individuals in those border states continued to be enslaved. This proclamation also excluded those who lived in the southern states which had already surrendered to the Union, meaning that those who did not rebel against the Union were allowed to continue to use slavery as their economic system. What the Proclamation did, however, was transform the morality and cause for fighting the Civil War. The Civil War began over the question of whether slavery should exist or not, with the Vice President of the Confederacy delivering a speech declaring the sole purpose of secession to be the disagreement on slavery between the Union and the Confederacy. However, to President Lincoln, being victorious meant keeping the nation intact, and the abolition of slavery was an aftermath. Once the Proclamation was passed, many Americans were convinced that the war was being fought for the abolition of slavery in its entirety in the United States. The Proclamation even gave way for newly freed African Americans to join the Union army and help liberate their brothers and sisters in the Confederate states.
While the Union’s victory was generally a good thing for the progress of America toward equality among all people as it was first outlined in the Constitution, the Emancipation Proclamation was not the document to achieve this goal. Although it changed the trajectory of the Civil War, transforming the initial cause to keep the nation united, into a moral cause of abolishing slavery, it was not until the Thirteenth Amendment was passed that slavery was truly abolished in all the states of the nation. This Amendment, which had followed the proper channels of the Legislative branch, was passed right after the Civil War ended, and right before the rebellious states were admitted back into the Union. On December 6, 1865, the Thirteenth Amendment was officially ratified into the Constitution of the United States. Along with the Thirteenth Amendment, the passage of the Fourteenth Amendment, which granted citizenship to all formerly enslaved individuals, and the Fifteenth Amendment, which granted suffrage rights to African American men, altogether addressed the Civil War’s conflicts, providing a final Constitutional solution to the issue of slavery in America.
So, where does the term “Juneteenth” come from? Although the Emancipation Proclamation had passed in 1863 and the Thirteenth Amendment had passed in 1864, it was not until two months after the Civil War had ended, that many of the enslaved individuals in most Southern states had been made aware of their free status. On June 19th, 1865, two thousand Union soldiers arrived in Galveston, Texas to announce the freedom of all who were enslaved there, and the newly freed African Americans coined the term “Juneteenth” to commemorate the day they received independence and could be truly free.
The Continued Struggle for Freedom and Equality
Image 3 – Source: Yahoo Images
The end of the Civil War, the passage of the Emancipation Proclamation, and the Thirteenth, Fourteenth, and Fifteenth Amendments, were supposed to be the official end to slavery in America, but many scholars have pointed out that slavery only transformed into a modified system. These scholars highlight issues with the wording of the Thirteenth Amendment, which states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The amendment abolished slavery in all instances, except as a punishment for crimes, and the Reconstruction Era, which followed the end of the Civil War, took advantage of the loophole in the Thirteenth Amendment. In the 1890s, legalized segregation became the new normal. The South had faced a lot of loss, both to its infrastructure as a result of the war, as well as its economy (primarily held up by slavery), due to the freeing of their enslaved laborers. Additionally, many white southerners also were not ready to accept the newly freed African Americans, who they did not view as equals.
The infamous Jim Crow laws were proposed as a solution to all of the White Southerners’ problems with the outcome of the war. These laws were made to criminalize as many newly freed individuals as possible, to re-enslave them in the prison systems, and force them to help rebuild the nation, as they had once done under slavery following the Revolutionary War. The Jim Crow laws criminalized such things as being unemployed, not bowing to white people while walking on the streets, drinking from a “Whites Only” water fountain, and many other harmless, everyday actions that displeased any white residents of the area. Many times, lies were told about African Americans simply to land them in prisons and put them to work. These laws were designed to be a criminalization of blackness.
Image 4 – Source: Kala Bhattar; An image taken at Sloss Furnaces in Birmingham, Alabama
This was also the time when Convict Leasing systems began, where imprisoned individuals would be leased to businesses and the state to work as laborers for whatever positions they needed to be filled. This could be working on farmlands, working with heavy machinery, or even in coal mines. Our own Sloss Furnaces, the famous Steel and Iron plant that transformed Birmingham from a small town into the large city it is today, made use of Convict Leasing as well. To read more about the history of the prison systems in America and in Birmingham, as well as details about the convict leasing programs, click here.
The exception in the Thirteenth Amendment has today led America to have the highest rate of mass incarceration in the world and has given way to the Prison Industrial Complex. America houses only about 5% of the world’s population, yet the mass incarceration rate is so large that 20% of the world’s prison population is made up of Americans alone. This is not only unjust, costly, and inefficient, it also shares its roots in the racist history of America’s founding. Many of those who end up in prison are disproportionately people of color, which speaks to the systemic racism present within our institutions. What’s worse, many of the people held in local jails have not even been charged with any crimes. They are awaiting their trial, too poor to post the high bail amounts. Still, others have lived out sentences for crimes they have never committed. This atrocious list goes on and on with injustices, yet a simple solution is to cut down on our incarceration rates. One reason why this is more than an issue of criminality can be determined by looking at the Angola Prison in Louisiana, a plantation farm that operates as a state penitentiary, with their prisoners in chains (like enslaved individuals of the past), officers on horseback (like overseers on the plantations), and the farmland that they are expected to till, harvest and package food for the rest of the community. Until white supremacy and racist ideology continue to exist in America, so too will these unjust forms of oppression, clouded by the legal cover provided to them by the justice system.
Image 5 – Source: Yahoo Images
These facts are bleak but necessary for everyone to understand, so as to be conscious of the continued struggle for true equality in this country for African Americans, and others who have dealt with oppression throughout the history of this nation. Many people think that slavery died following the Civil War, or that it was “more than 200 years ago, so what can we do about it?” Yet, the reality remains that slavery never died, but only transformed into a modern, industrialized version of the same system, which now incorporates a wider umbrella of people to oppress. Juneteenth is not only a celebration of the resistance, courage, and triumphs over oppression by people of our past, but also a day to come together and address the new forms of oppression we face in society today. It is a continuation of the legacy of freedom, equality, and justice started by those before us.
Importance of Juneteenth
Image 6 – Source: Yahoo Images
Juneteenth was officially recognized as a holiday in Texas, which was the first state to do so in 1979. It has recently been recognized as a federal holiday since 2021 after President Joe Biden signed the Juneteenth National Independence Day Act. Juneteenth is a day to celebrate the shared history of African Americans, but also the progress towards peace, freedom, equality, and justice. Fredrick Douglass, a famous orator, author, and abolitionist, in 1852, had famously asked his audience in a speech he delivered on July 4th, what Independence Day meant for those who were enslaved in America. Juneteenth is the true Independence Day for many people who recognize the hypocrisy of the Founding Fathers, who fought the Revolutionary War for “freedom” while enslaving African Americans and stealing lands from the Native Americans. Juneteenth is a time for the rejuvenation of culture among a group of people whose cultures were stolen from them, and all that they were left behind with are their shared ancestry and shared histories. This day is a day to instill a sense of community despite those hardships and losses. Juneteenth is also a time to reflect on the past, rejoice in the resilience and solidarity of those who fought for this freedom, and discuss current events and how to best approach them moving forward. Juneteenth is a day to learn from the past, live gratefully in the present, and prepare for the future.
How Is It Celebrated and Who Can Celebrate It?
Image 7 – Source: Yahoo Images
There are many ways to celebrate Juneteenth. Many cities hold parades and festivals, with local black-owned businesses and food trucks as vendors for the event. These events might include prominent guest speakers and workshops on various topics each year, based on the community’s needs and wants. Others celebrate the holiday by holding potlucks, family gatherings, and backyard barbecues for a more intimate celebration with family and friends. If you want to celebrate Juneteenth but are not comfortable engaging in community activities, there are many things you can do in the comforts of your home, or with friends and family members as well to honor this day. For one, you could learn about the history of Juneteenth. If you are reading this article, then good job, you are already celebrating it!
You can educate yourself about the history of slavery, the Civil War, the Emancipation Proclamation, the Thirteenth Amendment, and any other topic that you might not be too sure about as it pertains to Juneteenth and why it is important to celebrate it. You can do this by going to a museum near you, like the Legacy Museum in Huntsville, which is a great historical walkthrough from the times of slavery to mass incarceration today, or the Birmingham Civil Rights Institute, which focuses on a detailed history of the Civil Rights movement that took place in the heart of Birmingham. You can watch a documentary about these topics, including “The 13th” on Netflix, which takes a deep dive into the loophole of the Thirteenth Amendment that gave rise to the mass incarceration crisis we face today. You can listen to a podcast, like “Deliberate Indifference“, a podcast by Mary Scott Hodgins that focuses on the local Birmingham history of policing and provides details about convict leasing practices in Alabama. You could read literature written by Black authors, whether they be informational, like “Medical Apartheid” by Harriet A. Washington, or fictional like the short story, “Recitatif” by Tony Morrison. You could support Black-owned businesses, locally or online, such as buying your books from a Black-owned bookstore or going out to eat at a Black-owned restaurant. You could educate others about the importance of Juneteenth, including your friends, family members, and even co-workers. As an ally, you can maybe pick up a shift for your Black friend who may want to celebrate Juneteenth with their family, or if you are someone in a supervisory position, you could give a Black co-worker the day off to celebrate Juneteenth. Encourage and empower your Black friends, family members, or co-workers, to feel comfortable to share their opinions and voice their concerns. You could even volunteer at any local Juneteenth event to help make the events successful!
Local Juneteenth Celebrations to Attend
Image 8 – Source: Yahoo Images; An image of the Birmingham Civil Rights Institute, where they host a Juneteenth celebration every year, and spread the festivities to all in the Birmingham community. On their Juneteenth celebration day, admissions to the museum are free so that people in the community (and visitors from other places) can learn and appreciate the local Civil Rights history that took place in the heart of Birmingham
There are many local events that you can attend to celebrate Juneteenth in Birmingham, Alabama. Here are a few that might be of interest:
Juneteenth: The Cookout, hosted by the Birmingham Civil Rights Institute on June 17, from 10 am-4 pm. There will be food trucks, live entertainment, a children’s village, tournaments, food competitions, genealogy workshops, and even a free tour of the museum!
Juneteenth Social is hosted by the UAB Black Alumni network at the Southern Kitchen Roof Top Bar on June 17th from 7 pm to 11 pm. Tickets are $25 each, and the proceeds go to the Kappa Delta Omega Psi Phi memorial scholarship for incoming African American Male students.
Second Annual Juneteenth Freedom Celebration, hosted by The Lifting As We Climb Foundation on June 18th, from 2 pm-9 pm at the Arlington Historic House in Birmingham. There will be food, fun, education, entertainment, and fireworks, and the tickets start at $20 for early bird tickets and $25 for general admissions. Bring small tents and lawn chairs, and be ready to eat from the food trucks on site.
Juneteenth in the Magic City 2023, hosted by Simone’s Kitchen ATL, on June 18, from 4 pm-10 pm at the Club M Compound. There will be food trucks, vendors, live bands, fireworks, African dances, and various other entertainment. Tickets start at $15 for Early Bird tickets and $20 for general admissions.
Juneteenth Pop Up Art Exhibit, hosted by Studio 2500 on June 16, at 6 pm for all the artistic, creative folks. Admissions start at $10 per person, children under 13 are free, and tickets can be purchased online at their website. They will have food, music, and an open mic, so bring lawn chairs and your own beverages, and take in the creations of our fellow Birmingham local artists and performers.
Juneteenth Open Mic is a virtual event being held on June 19th to highlight musicians, poets, hip-hop artists, and other Black artists who would like to participate. If you are a local artist and you would like to increase your followers, this is the event for you. If you just want to show up virtually to support local artists, you can do that to buy going to their website and purchasing tickets to vote. Tickets start at $10, whether you are performing, a part of the audience, or even a vendor. Again, this is a virtual event, so all you need is your laptop and internet!
However you choose to spend the day, make sure to be conscious of what Juneteenth represents to you and to those around you, and together we can actively, and intentionally work to make our world a better place for future generations!
**The content of the mentioned works below deals with racial, sexual, and gendered themes that may be difficult for some readers. Consider carefully before reading.**
Contested conversations and debates around literature, even books bans, are nothing new. Unfortunately, we find ourselves during a time when pushes for literary censuring are on the rise, with fervent calls to remove books with references to enslavement, sex, gender, or Queer people. In light of this, I wanted to present a list of only a few Black authors, some of which are women, Queer, or both, so that we can remember and learn from them, and never let anyone take their lessons from us.
W.E.B. DuBois
Figure 1: Source: Simon & Schuster; The cover of one of W.E.B. DuBois’ books, The Souls of Black Folk.Figure 2: Source: Yahoo Images; An image of the preeminent author, W.E.B. DuBois. Preeminent author W.E.B. DuBois.
A founding member of the NAACP, W.E.B. Dubois is one of the foremost Black scholars of his era. He was the first Black American to earn a Ph.D. from Harvard University and went on to challenge notions by abolitionist Frederick Douglas and contemporary intellectual Booker T. Washington in his numerous writings and actions. Instead of promoting the ideology that Black people should integrate into White society or compromise rights to make small gains, DuBois loudly proclaimed Black pride.
In his seminal work, The Souls of Black Folk (1903), Dubois coined the now-famous term “double consciousness.” He discussed the irreconcilable double existence Black people lived through in America as both American and Black. Since then, the term has become a theoretical framework for understanding the dynamics of unequal realities and structures.
He attended the founding convention for the United Nations in 1944 and was a leader in the Pan-Africanism movement, organizing a series of Pan-African Congress meetings throughout the world.
He passed away at the age of 95 on Aug. 27, 1963, after moving to Ghana and acquiring citizenship there.
James Baldwin
Figure 3: Source: Yahoo Images; An image of the author of several award-winning novels, James Baldwin. Figure 4: Source: Yahoo Images; The cover of James Baldwin’s first novel, Go Tell it on the Mountain.
Writing between 1953 and 2011, a mix of standalone novels, short stories, plays, poetry, and non-fiction books, James Baldwin is considered a quintessential American writer. As the grandson of an enslaved person, Baldwin’s work reconciled with the experience of being a Black man in White America. Born in 1924 in Harlem, New York, he was the oldest of nine kids and spent most of his time in libraries.
He spent three years in his stepfather’s profession as a preacher before moving to Greenwich Village and pursuing writing. Even though most of his work was embroiled in experiences of anger and disillusionment, Baldwin always advocated love and brotherhood.
After passing from stomach cancer at the age of 63 in 1987, Baldwin became known as one of the most vocal and prominent voices for equality. He is considered an essential, and enriching, part of the American literary canon.
Alice Walker
Figure 5: Source: Yahoo Images; The cover of one of Alice Walker’s novels, The Color Purple. Figure 6: Source: Flickr, Photo credit to Virginia DeBolt; An image of acclaimed author, Alice Walker.
Alice Walker was born in 1944 in Eaton, Georgia. Her parents were sharecroppers and after a childhood incident that left her blind in one eye, Walker’s mother considered her more suited for writing than chores. This talent landed her a scholarship to Spelman College, whereafter she transferred to Sarah Lawrence College and earned a BA in Literature.
After graduating, she moved to Mississippi to join the Civil Rights Movement and married Melvyn Rosenman Leventhal; becoming the first interracial marriage in the state.
Walker is hailed for her rediscovery of author Zora Neale Hurston and her foundational role for Black women authors.
She published her first book of poetry in 1968, Once, and her first novel in 1970, The Third Life of Grange Copeland. Her most acclaimed work came in 1982, The Color Purple, wherein she explores gender, sexuality, and race. She continues to publish to this day and is widely regarded for her insightful portrayal of Black American life and culture.
Toni Morrison
Figure 7: Source: Yahoo Images; An image of the author of several award-winning novels, Toni Morrison. Figure 8: Source: Yahoo Images; The cover of Toni Morrison’s first novel, Beloved.
Toni Morrison was born on February 18, 1931, in Lorain, Ohio. Though living in a semi-integrated area, Morrison experienced the cruel reality of racism. At two years old, their landlord set their apartment on fire with them inside when her family could not afford rent.
She turned her attention to reading and eventually attend the historically black institution, Howard College. There she was exposed to colorism and witnessed firsthand how racial hierarchies extended to skin pigmentation within the Black community.
Working within academia throughout the North and South, Morrison eventually settled in an editing career. Though she worked for publishing companies, she did not publish her first novel, The Bluest Eye (1970), until she was 39 years old. However, after (and like) this first work, each of her subsequent novels earned critical acclaim and several awards. In 1987, she released her most-known work, Beloved, which is based on the true story of an enslaved woman. The novel was on the Bestseller list for 25 weeks and won numerous awards, including the Pulitzer Prize for Fiction.
In 1993, Toni Morrison became the first Black woman to win the Nobel Prize in Literature and has also been awarded the National Book Foundation’s Medal of Distinguished Contribution to American Letters, National Book Critics Circle Award, and she was named a Living Legend by the Library of Congress.
As an internationally renowned author, Morrison has left a litany of insightful works from novels to plays and children’s stories. She passed away in 2019.
Ralph Ellison
Figure 9: Source: Yahoo Images; The cover of Ralph Ellison’s first novel, Invisible Man. Figure 10: Source: Yahoo Images; An image of the esteemed author, Ralph Ellison.
Ralph Ellison was born on March 1, 1914, in Oklahoma City, Oklahoma. He was the grandson of enslaved people. He only ever published one book during his lifetime, Invisible Man (1952), yet this book gained him national acclaim. After his death on April 16, 1994, his second novel, Juneteenth, was published in 1999.
Originally, Ellison had had dreams of becoming a professional musician and had enrolled at the Tuskegee Institute to do just that. However, after traveling to New York City during his senior year to earn funds for his final year, he met Richard Wright (author of the polemic novel Native Son). This, coupled with the onset of the Great Depression, prompted Ellison to embark on his writing career.
He wrote for the New York Federal Writer’s Program, an offshoot of the Works Progress Administration. After the outbreak of WWII, Ellison joined the U.S. Merchant Marine as a cook and began planning for what would become his infamous novel, Invisible Man.
When it debuted, it was on the Bestseller’s List for 16 weeks and won the National Book Award. Forty years later, the Nobel Peace Prize winner, Saul Bellow, stated, “This book holds its own among the best novels of the century.”
Zora Neale Hurston
Figure 11: Source: Yahoo Images, Available from the United States Library of Congress; An image of the author of several award-winning novels, Zora Neale Hurston. Figure 12: Source: Yahoo Images; The cover of Zora Neale Hurston’s acclaimed novel, Their Eyes Were Watching God.
Zora Neale Hurston was born on January 7, 1891, in Notasulga, Alabama, U.S. She is a world-renowned author and one of the first students of the father of anthropology (Franz Boas).
She was the daughter of enslaved parents. At a young age, her family relocated to Eatonville, Florida where her father became the town’s first mayor, in what was the first all-Black incorporated town in the state.
Hurston earned her Associate’s from Howard College before she won a scholarship to Barnard College and graduated with a Bachelor’s in Anthropology. As a student in New York City, she met fellow writers like Langston Hughes and Countee Cullen and joined what is remembered as the Harlem Renaissance 一 a black cultural movement of arts, music, and literature.
She began publishing short stories as early as 1920, though was largely ignored by white mainstream literary circles (though she gained a large Black readership). In 1935, she published her debut novel, Mules and Men, and between 1934 and 1939 wrote three more works. Her most acclaimed novel is Their Eyes Were Watching God (1937) which incorporated her research and literary talents to focus on the life of Janie Crawford, a Black woman whose journey of self-discovery and identity takes her to many places.
She is a pioneering figure of modern anthropology and traveled to Haiti and Jamaica to study African diasporas. Moreover, she chronicled many Black folktales and dialects which she subsequently incorporated into her own writings. While this drew criticism from some contemporary figures, her work celebrated Black language and culture unabashedly.
Zora Neale Hurston passed away on January 28, 1960, in Fort Pierce, Florida. Zora Neale Hurston was long an unsung literary figure but after her rediscovery by author Alice Walker, her works have once returned to print.
Regarded as one of the founders of Black writing, particularly for Black women authors, Alice Walker has said:
“Her work had a sense of Black people as complete, complex, undiminished human beings and that was crucial to me as a writer.”
bell hooks
Figure 13: Source: Yahoo Images; The cover of bell hook’s first novel, Ain’t I A Woman? Black Women and Feminism. Figure 14: Source: Flickr, Photo credit to Kevin Andre Elliot; An image of the acclaimed author, bell hooks.
bell hooks, a pseudonym of Gloria Jean Watkins, was born September 25, 1952, in Hopkinsville, Kentucky.
She grew up in a segregated community in the American South which eventually informed her writing. She published her first work, Ain’t I A Woman? Black Women and Feminism (1981), while still an undergraduate at Standford University.
Her pseudonym was fashioned after her great-grandmother’s name in order to honor female legacies and she chose all lowercase letters because she wanted people to focus on the content of her books over her.
hooks was a progressive thinker and scholar whose work engaged with the intricate relationships of race, class, and gender as situated in systems of structural oppression and violence. She educated people on intersectionality well before it became a common word now (essentially pioneering the ideology itself).
She passed away on December 15, 2021, in Berea, Kentucky. You can find a selection of her works here.
Angela Davis
Figure 15: Source: Yahoo Images; An image of the author of several provocative books, Angela Davis. Figure 16: Source: Yahoo Images; The cover of one of Angela Davis’ acclaimed books, Are Prisons Obsolete?
Angela Davis was born January 26, 1944, in Birmingham, Alabama in a neighborhood known as “Dynamite Hill” for the numerous bombings committed by the domestic terrorist group, Ku Klux Klan. She is a philosopher, activist, and former Black Panther and political prisoner who was wrongly accused of participating in the killing of a prison guard after becoming involved in the Soledad Brothers campaign. After that, Davis went into hiding and was placed on the FBI’s Ten Most Wanted Fugitive List, making her the third woman to ever be placed on the list.
An international movement to “Free Angela” led to songs from artists like Yoko Ono, John Lennon, and the Rolling Stones. On June 4th, 1972, she was found not guilty of all charges.
Angela Davis continues her legacy to this day, giving speeches and continuing to write new works that discuss intersectionality, racial disparities and structural violence, and abolition, among a few topics. Her latest book was published in 2022 with her partner, Gina Dent, alongside Erica R. Meiners and Beth E. Richie titled: Abolition. Feminism. Now.
Figure 17: Source: Yahoo Images; The cover of one of Maya Angelou’s works, I Know Why the Caged Bird Sings. Figure 18: Source: Yahoo Images; An image of the celebrated author and poet, Maya Angelou.
Maya Angelou was born on April 4, 1928, in St. Louis, Missouri. She writes across several mediums as a memoirist, poet, author, playwright, and essayist. Her work explores themes such as economic conditions, race, and sexual oppression. She is also renowned for her unique and visionary autobiographical writing styles.
Angelou did not live with her parents full-time during her childhood as a result of divorce and other factors. When she returned from her grandmother’s care to live with her mother at the age of seven, she was raped by her mother’s boyfriend. He was jailed, and upon his release, was killed. Believing that she had somehow had a part in the death of this man, Angelou became mute for the following 6 years of her life.
Angelou displayed her literary talents from a young age but did not become a professional writer until much later in life, around when she joined the Harlem Writer’s Guild in 1959. She was also a prominent activist in the Civil Rights Movement and served as the North Coordinator for the Southern Christian Leadership Conference.
In 1969, she wrote one of her most famous works, I Know Why the Caged Bird Sings, which was an autobiography of her early life, exploring her experiences with sexual abuse. Many schools sought to ban this book as a result of these depictions, but numerous sexual abuse survivors have credited her work as telling their stories.
While she has earned numerous awards, including three Grammy Awards, for her writing she was awarded the National Medal of Arts (2000) and the Presidential Medal of Freedom (2010).
Maya Angelou passed away on May 28, 2014, in Winston-Salem, North Carolina after a long and fruitful career. You can find a list of her complete works here.
James Cone
Figure 19: Source: Wikimedia Images; Dr. James Cone at the 174th Convocation of Union Theological Seminary in the City of New York. Figure 20: Source: Alex Yates; The cover of one of James Cone’s pioneering books, A Black Theology of Liberation.
James Cone is a highly influential figure who founded Black liberation theology, alongside, being an outspoken proponent of justice for the oppressed in society. He is known as one of the most widely regarded theologians in America, teaching at the Union Theological Seminary for 50 years and influencing generations of scholars. One such student is currently a senator for the state of Georgia, Rev. Raphael Warnock, who was elected in 2020 as the state’s first Black senator.
Born August 5, 1938, in Arkansas, he grew up during intense racial segregation during the 40s and 50s. Living under the threat of lynching revealed to Cone the immense spiritual and moral depth of Black people, especially as Cone’s own parents taught love over hate when confronted by racial injustice and threats. As a result of his personal experiences and figures such as Malcolm X and Martin Luther King Jr., Cone developed Black liberation theology to challenge the white hegemony of Christian teachings and understanding.
Black liberation theology is informed by six sources which can be summarized as the black experience (slavery, segregation, and lynchings), black culture and revelation, and tradition and scriptural interpretation. He is best known for his political and influential books, Black Theology and Black Power (1969), A Black Theology of Liberation (1970), and God of the Oppressed (1975).
He passed on April 28, 2018, at the age of 79. His latest memoir was written just prior to his passing and is titled: Said I Wasn’t Gonna Tell Nobody.
Octavia Butler
Figure 21: Source: Yahoo Images; An image of the acclaimed author, Octavia Butler
Octavia Butler was born in 1947 in Pasadena, California. She is an author of mostly science fiction novels in future settings, often incorporating unique powers. Her numerous works are known for their synthesis of science fiction, mysticism, mythology, and Black American spiritualism.
Not only was Butler the first Black woman to receive wide acclaim in this genre of fiction, but she was also the first science fiction writer to win the MacArthur “Genius” Award. She has also won several other awards including the Hugo, Nebula, and Locust awards.
In 1975, she published her first novel Patternmaster, which was quickly followed by Mind of My Mind and Survivor: This series is about humanity’s evolution into three separate genetic groups.
Her best-known work, Kindred, was published in 1975 and continues to be taught in high schools, universities, and community reading programs to this day. (There was even a recent television adaption on Hulu.)
Much like other Black women authors on this list, Butler’s work extends beyond race and explores the dynamics of sex and gender, challenging traditional gender roles in works like Bloodchild and Wild Seed. Octavia Butler passed away on February 24, 2006, in Seattle, Washington, but not before securing her legacy in her numerous works.
Conclusion
To learn more about book bans, read the article by Nikhita Mudium: “Book Bans in the United States: History Says it All.”
If you liked this book list, check out the list of contemporary Black authors here.
I grew up in the Atlanta metropolitan area. Not inside the perimeter as one might say, I spent my childhood in the forests for hours at a time. My brother and I never grew bored of the endless possibilities and freedom we felt among the oaks: they are some of my most treasured memories. So, whenever we drove into Atlanta proper, I would watch the trees blur by as we encroached further to the city’s heart, well past the notorious highway 285 that encircles it. I always had a tree in sight no matter the distance we ventured into the city, and it always reminded me that home could extend and coincide with a vibrant metropolis rising ever closer in my sight. This always soothed me and put me at peace.
Not all is peaceful in the forest, however.
When protesting is rebranded as domestic terrorism
Since the quiet release of plans to demolish South River Forest (also known as the Old Atlanta Prison Farm) in 2021, protesters have been camping in the forest for months. Local organizations have banded together in order to advocate for the forest and resist police attempts to forcibly remove protesters. These organizations includeDefend the Atlanta Forest, Community Movement Builders, a Black-led nonprofit serving working-class and poor Black people, and the newly formed Stop Cop City group.
These organizations have intersecting goals that culminate in mutual aid to stop the construction of the Atlanta Public Safety Training Center known as “Cop City.” Leaders from the Community Movement Builders described the project as a “war base” wherein “police will learn military-like maneuvers to kill Black people and control our bodies and movements.”
One reason for the clear disdain for the project, aside from the historical implications discussed further below, is that the proposed site resides in unincorporated Dekalb county. Thus, those living in the neighborhood had no representatives on the council that approved the project in the first place. After public outrage at the lack of transparency and community engagement, the Atlanta council begrudgingly allowed public comments before the vote in September 2021. The council received 17 hours of recording on the proposal with 70% (or 12 hours) expressing opposition. The plan still passed 10-4.
Figure 1: Source: Flickr, Photo credit to John Ramspott; Barricades constructed by Cop City protesters from debris and illegally dumped material.
Protesters have created makeshift barricades from mounds of illegally dumped material such as automobiles and tires in the forest. There is no water or electricity in the encampments so the protesters live very frugally to defend their beliefs. Access to water has continued to be an issue as police try to cut off supplies in an attempt to disperse the protesters and conduct regular raids and wreaking camps.
Confrontations with the police have only become more frequent: and with more serious consequences. At first, some activists found themselves with trespassing charges, but protests escalated on January 18th when demonstrator Manuel “Tortuguita” Teran, a 26-year-old queer environmental activist, was lethally shot by Georgia state police.
Figure 2: Source: Flickr, Chad Davis; Protesters in Minneapolis after the killing of Manuel “Tortuguita” Teran.
The Georgia Bureau of Investigation released a statement that Tortuguita, they/them, did not “comply with verbal commands” and allegedly shot a Georgia State Patrol trooper who is in stable condition. As a result of these alleged sequence of events, Tortuguita was shot over a dozen times by multiple different firearms and there is no body cam footage of the tragedy.
Now, the state is planning to convict 18 activists of domestic terrorism charges which holds a possible sentence of up to 35 years.
Local authorities have continued to falsely claim that organizations involved in resisting police development plans are “domestic violent extremists.” During the bail hearing for those arrested on Jan. 18th, bail was denied to four activists while two were given the unprecedented amount of $355,000, along with conditions for ankle monitors and curfews.
What once would have been considered a sit-in protest has now been twisted into “domestic terrorism.”
Considered a private-public venture between the city of Atlanta and the Atlanta Police Foundation (APF), the 85 acres slotted to be turned into a police compound would cost $90 million to construct. Renderings of the project include indoor and outdoor shooting ranges, an auditorium, classrooms, a space dedicated to explosion tests, and a mock miniature city to practice high-speed chases and burn-building training.
The Public Safety Training Academy Advisory Council was formed under the previous mayor, Keisha Lance Bottoms, on Jan. 4, 2021. According to investigative work conducted by the Mainline, a woman-led independent magazine based in Atlanta, the council was comprised entirely by “government, police, and fire officials, including Chief Operating Officer Jon Keen and APF CEO and President Dave Wilkinson.”
After meeting on Jan. 22, Feb. 12, March 4, and March 26 in 2021, the plan that would become Ordinance No. 21-O-0367 (Cop City) was introduced on June 7th the same year. It was passed shortly thereafter on September 8th, 2021.
Two-thirds of the costs ($60 million) to construct Cop City are coming from corporate donors such as Chick-Fil-A and Delta. Otherwise, despite the desperate and apparent need for affordable housing, food, and other life-affirming infrastructures, the remaining third of the costs ($30 million) is to be paid by taxpayers.
The land is currently under lease to the Atlanta Police Foundation for only $10 a year (see page 10) and construction started this February.
Hidden racist history of the forest continued with the development of Cop City
Before South River Forest became known as such, located in the bustling perimeter of Atlanta’s sprawling metropolitan, the land belonged to the Muscogee Creek nation. In the early 19th century, these people were forcibly removed from their land by ever-encroaching settlers on the East coast and South Florida.
In 1821, Georgia held its fourth land lottery, dividing the Muscogee Creek home into 202.5 acres. Between an 11-year period (1827-38), 23,000 Muscogee were driven from their lands by white, enslaving men.
Soon after, the land became a part of a complex of plantations that exploited the labor of enslaved people. The proposed South River Forest zone contained at least 9 plantations. The names of these plantation owners will not be given here, however, to learn some of the known names of enslaved peoples residing in this area, please read this article.
Eventually, this land was sold to the city of Atlanta which was then used as a city-run forced agricultural labor prison that ran uninterrupted from 1920 to nearly 1990, being officially shuttered in 1995.
Originally, the land became the first “honor farm” in the state, allowing trustworthy prisoners and those with minor infractions to work off their time. This was only a mask for a new form of slavery, cruelty, and so much worse as the Prison Farm ran, without clear archived records, for decades. The last official record comes from a 1971 health inspection record.
Figure 3: Source: Flickr, Photo credit to John Ramspott; Within one of the abandoned prison farm structures.
There are no official reports on the number of people who died under the inhumane working conditions, but there is a widespread belief that some inmates who died were buried in unmarked graves though none have been found yet. A little of what we know is troubling at best and stomach-churning at worse. In 1941, a prison superintendent reported housing 9 Black prisoners in a 12 ft space, alongside numerous reports of sexual violence from guards, and inmate deaths, often under suspect circumstances.
In one example, prisoners were allowed to handle Sulfotep, which was only contained in unlabeled squeeze bottles and is an extremely toxic chemical pesticide only supposed to be dispensed by licensed company personnel. We know this because of the death of Leroy Horton, who was serving only a 20-day sentence, and who had been sprayed with the substance by another inmate at his own request after contracting lice at the prison. He served only four days of his sentence and died three weeks later due to these gross malpractices in safety protocols and sanitary living conditions.
Now, the land is once more under contract by state policing structures.
Benefits and necessity of urban forests
Atlanta has been called the “City in the Forest” for its vast canopy coverage and abundance of trees within the city. That is because Atlanta leads the nation and major metropolitan cities in canopy coverage at 47.9 percent.
The canopy is not distributed evenly across the city, rather it decreases as one approaches downtown and increases as one approaches the outskirts, making the presence of South River Forest within the perimeter that much more extraordinary. Researchers also found that the lowest canopy coverage was along transportation corridors, but was over 90 percent along stream corridors and in nature preserves.
More and more cities are tracking the number of trees they foster because of the multitude of benefits they offer. This ranges from combatting urban heat island effects, reducing heating and cooling costs overall, providing blue/green space which improves mental health, acting as stormwater management to control flooding, and sequestering carbon thus improving air quality, combatting carbon emissions and climate change.
Results from a Montgomery, Alabama analysis found that urban forests removed 3.2 million lbs of pollutants from the air annually which is valued at $7.9 million. Moreover, the urban forest sequestered 11,263 tons of carbon each year and stored a total of 1.45 million tons of carbon.
In Atlanta, climate scientists have warned that destroying woods will make the city more susceptible to flooding and dangerously hot temperatures. Other concerns over the South River Forest area are worsened air quality due to construction, fires, and weapons training. In this mainly Black part of metro Atlanta, people have been historically neglected. According to the US Census, 75 percent of the neighborhoods near the forest are Black and suffer from high poverty rates and health challenges like diabetes and asthma.
The Sierra Club Georgia Chapter issued a statement on behalf of Black and Latinx community members, who have long been victims of environmental injustice and pollution within the city, stating their vehement opposition to the destruction of the South River Forest.
Intersections of social ecology and human rights
In recent years, there has been a burgeoning movement to connect ecological and social issues together: known as the theory of social ecology. Murray Bookchin, a pioneer in the environmental movement and social theorist, has stated that ecological problems stem from social issues which in turn are exacerbated by ecological destruction. This vicious cycle has become the driving force behind new movements to address climate change and foster more awareness of the interdependence of people and their environment. Without this widespread recognition, social-ecological theorists have argued that hierarchical societies that rely on violent institutions like prisons and police are more likely to treat their environment and people as entities to be dominated, conquered, and/or controlled.
In the case of the South River Forest/Cop City contention, this theoretical framework can be easily illustrated, alongside numerous normative international human rights standards.
Figure 4: Source: Flickr, Photo credit to John Ramspott; Spray-painted messages from protesters on walking trails within South River Forest.
Firstly, the plans to develop Cop City were done so surreptitiously; there were no public announcements on the proposal before voting, nor were community members and organizations/specialists asked to participate in the development of the plans. Secondly, the council that approved the plans was not elected by anyone from the community in which the Cop City construction will take place. These are prime disregards for political and public representation: foundational blocks for democratic governance, rule of law, and social inclusion. From the Office of the High Commissioner for Human Rights (OHCHR):
“Participation rights are inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.”
Next, the economic and social human rights of the South River Forest community are also being threatened. Economically, once again without any representative input, ⅓ of the cost ($30 million) is to be paid by taxpayers. Socially, each human has the right “to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being.” These rights are being threatened by the gross environmental degradation of a low-income community that already suffers from health conditions such as asthma. Moreover, it has long been scientifically proven that blue-green space increases one’s mental health 一 an explicitly aforementioned social right.
Lastly, we come to environmental rights. The task of succinctly explaining them can be a lot, I encourage readers to look on our site in the “Environmental Rights” category for even more insight. However, in this case, where the environment is the key concern of protest, one should return again to social-ecological theory. In human rights, the right to health found in the International Covenant on Economic, Social, and Cultural Rights,cannot be fully achieved in an environment that contributes to worse air quality, mental health, and dangerously high temperatures. The right to security, found in Article 3 of the UDHR, cannot be achieved in an environment where the community is under threat of more flooding, subject to burns, bombs, and shooting daily, and lives in fear of violence. And this can go on and on.
Ultimately, this issue is complex and multifaceted: and it deserves public and civilian representation and more time than 7 months of deliberation to destroy a forest hundreds of years old.
This blog is part three of the conversation around disability rights, especially as it applies to children within the American school system. If you have not read the first two blogs in this series, I suggest you do so. The first blog focused on the historical view of disability and the American school system’s approach to children with disabilities. The second part mainly focused on the struggles that children with disabilities face within the school system, and how these struggles have been exacerbated due to the recent pandemic. This final part will focus on some of the approaches that have been taken in the past to address people with disabilities, and how they differ from a human rights approach. We will also examine how we can help on various levels, whether we want to focus on our personal abilities or advocate for a larger movement.
The Rights of Children with Disabilities
What rights are protected?
Source: Yahoo Images
Much of what we have established in modern society in terms of children’s rights comes from decades of struggles, from implementing child labor laws to fighting for the right to an education. Similarly, the fight to pass the Americans with Disabilities Act (ADA) was one sure way to protect individuals with disabilities from discrimination. These rights and more are protected under the United Nations, both in terms of people with disabilities, (Convention on the Rights of Persons with Disabilities, CRPD), and with children’s rights (Convention on the Rights of the Child, CRC). Yet, these developments have only occurred in recent years; the ADA and the CRC were passed in America and the UN respectively, in 1990, and the CRPD was not adopted internationally until 2006.
The ADA, passed in the United States, protected the rights of people with disabilities from being discriminated against in all aspects of society. This was the first major legislation that protected people with disabilities from being denied employment, discriminated against in places of business, or even denied housing. In addition to these protections, the ADA required industries to be inclusive of those with disabilities through (among other things) taking measures such as building ramps and elevators for easy access to upper-level floors and building housing units with people with disabilities in mind. While America had passed the Individuals with Disabilities Education Act or IDEA (originally passed in 1975, and renamed in 1990) by this time, the initial form of this legislation allowed schools to place certain students with disabilities in special programs for no more than 45 days at a time. It was not until its improved form was passed in 2004 that provided the necessary financial and social infrastructure for its successful implementation.
The passage of the CRC, which applies to all individuals under the age of 18, focuses on non-discrimination, the right to life, survival and development, the State’s responsibility to ensure that the child’s best interests are being pursued, including ensuring that the child has adequate parental guidance. Additionally, it focuses on the child’s right to free expression, free thought, freedom to preserve their identity, protection from being abused or neglected, adequate healthcare and education, and includes certain protections the State is required to offer the children, including protection from trafficking, child labor, and torture. Article 23 of this Convention specifically focuses on the rights of children with disabilities, adding that these children have the right to the care, education, and training they need to lead a life of fulfillment and dignity. It also stresses the responsibility of the State to ensure that children with disabilities can live a life of independence and protect them from being socially isolated. Even though the UN passed this Convention in 2004, America is the only nation that has yet to ratify this treaty. This is why certain realities continue to exist, such as what is happening in Illinois.
Finally, we have the CRPD, which entered into force in 2008, only 15 years ago. Influenced by the ADA, the Convention on the Rights of Persons with Disabilities was passed to ensure that people with disabilities were fully protected under the law, including from discrimination, with the ability to function as fully pontificating citizens of their societies, with equal opportunities and the right to accessibility in order for them to lead a life with the dignity and respect afforded to their able-bodied counterparts. This convention had massive support and draws from both a human rights focus and an international development focus. What makes this convention unique is the implementation and monitoring abilities embedded within the treaty itself, and it includes non-traditional actors from communities (usually those with disabilities) with specific roles in charge of monitoring the implementation of this treaty. Unfortunately, the United States, while Obama signed the treaty and passed it to the Senate for their approval in 2009, has yet to fully ratify the CRPD treaty as well.
Some Approaches to Disability Rights
Upon understanding the various nuances of this conversation, we can now explore the three different approaches to defining disability in society. These approaches examine the issues that people with disabilities face and provide models influenced by differing fields of expertise. Many within society view disability as a medical issue and their solutions to the struggles faced by people with disabilities are medically focused. Similarly, others believe that disability is an issue of how society is structured, and their proposals for solving these issues lie within the realms of reshaping society to be more accessible to people with disabilities. Still, another approach built upon the foundations of human rights, focuses on the individual first, and the disability as an extension of their individuality. We will explore these three approaches and their pros and cons.
Approach 1: Medical Model of Disability
Source: Yahoo Images
As mentioned above, some people view disability as a medical issue, and this approach can be categorized as the medical model of disability. This means that they believe that the “problem” of disability belongs to the individual experiencing it and that disability comes from the direct impairment of the person. The focus of this approach is to look for medical “cures” for disability, which can only be provided by medical “experts” based on the specific diagnosis. While it may be true that individuals with disabilities require medical help from time to time, their entire existence does not revolve around this notion of viewing disability as an illness. The focus here is to “fix” the person with disabilities, so they can become “normal” again. This approach also makes use of the “special needs” rhetoric, which can result in the isolation and marginalization of people with disabilities. Media plays a big part in portraying people with disabilities as weak or ashamed of their disability, which can invoke fear or pity for people with disabilities within the larger society.
Approach 2: Social Model of Disability
Source: Yahoo Images
Another approach that has been proposed is what is known as the Social Model of Disability. In this approach, the “problem” of disability is seen as a result of the physical and social barriers within society that exclude people with disabilities from fully participating in their society. Disability is seen as a political and social issue, and the goal of this model is to be more inclusive and recognize the prevalence of disability within our societies. This means looking closely at the ableist social institutions and infrastructures present within society and attempting to address these manmade challenges posed by people with disabilities. This model recognizes the social stigma around disabilities and recognizes people with disabilities as differently abled rather than viewing them as incapable of living an independent lifestyle. This approach places individuals with disabilities on a spectrum rather than the two categories of disabled and able-bodied. The goal of this approach is to be socially inclusive of all individuals, regardless of their disabilities.
Approach 3: The Human Rights Model of Disability
Source: Yahoo Images
Finally, there is the Human Rights Model of Disability, which builds upon the foundations laid out by the Social Model of Disability and the Universal Declaration of Human Rights (UDHR). In this approach, the focus is on viewing the individual with a disability as a human first, recognizing that disability is a natural part of humanity that has existed as long as humans have been around. While it shares a lot of similarities with the social model, the human rights approach emphasizes not only the right of every individual to be treated equally before the law but also stresses that a person’s impairment should not be used as an excuse for denying them rights. This is essentially what the CRPD centers around, and the main goal of this approach is to ensure that people with disabilities have equal opportunities and protect their right to fully participate in society, politically, civilly, socially, culturally, and economically.
How Can We Help?
Source: Yahoo Images
On the Internation Level
While the United Nations has a convention that focuses on protecting children’s rights, it is highly debated whether these treaties are being enforced around the world. Child labor is still common in various places around the world, including right here in Alabama. While it can be argued that the US has not ratified the treaty and that is why the UN cannot do anything about this issue, there are other places that have ratified the treaty that still places children in dangerous working conditions and face no real repercussions from these decisions from the UN. In 2019, many tech companies were sued for their use of child labor in other countries to mine the precious minerals they require to produce their devices. Many textile companies within the fashion industry use child labor in nations that have ratified the children’s rights treaty. While the United Nations is trying its best to protect and promote the rights of vulnerable communities, it has not been able to enforce these treaties and regulations, and as a result, atrocities against those vulnerable communities, (including children), continue to occur. How can we as human beings, ensure that all children are protected from harm, not just those able-bodied, living in wealthier nations? This is something that needs to be addressed, and it requires the cooperation of many different nations willing to put their differences aside and work together to find a solution.
On the Domestic Level
As we explored in the human rights model of disability rights, it is the responsibility of society to provide equal access to all its citizens. This includes its citizens who have disabilities, and not doing so would discriminate against those who have disabilities and violate the Americans with Disabilities Act. This means that both on a national and local level, our infrastructure needs to be updated with an inclusive mindset that makes the roads safer and more accessible to all the citizens using them. As a state, Alabama could not only fix the infrastructure, but also pass bills to ensure that people with disabilities receive the care they need, including employment opportunities, medical assistance, food assistance, and any financial help they may require. Furthermore, on a national level, the police (or another department focused on social work) can be better trained to recognize the various disabilities, both visible and invisible, so people with disabilities are not wrongfully imprisoned for “behavioral” issues. This training would help erode the school-to-prison pipeline that has replaced disciplinary standards in American schools and make way for a brighter future for children with disabilities. Finally, the United States can, at the bare minimum, ratify the Convention on the Rights of the Child, signed into existence in 1990 by member states of the United Nation. As we mentioned earlier, the United States is the only nation in the world that has yet to ratify this treaty.
On the Individual Level
We can all be more mindful of our actions and our ableist mindsets. Next time you walk down the street, pay attention to the roads and sidewalks. Are there any sidewalks for people with disabilities to use safely? Are there curb cuts, and are those curb cuts freely accessible or are they blocked? How accessible are public buildings such as restaurants, storefronts, or even the DMV? Are there enough parking spots allotted to people with disabilities, and are those spots easily accessible, or blocked off by other vehicles? Thinking outside of an ableist mind frame is the first step toward being more inclusive of people with disabilities. It might seem like a powerless and pointless step to take, but the more you start to notice the ableist structures within society, the more you will want to speak up about these issues the next time you have the opportunity. You will also be more mindful of your own ableist actions and how they may have unintended consequences. If you are a parent, you have the ability to question your school’s practices concerning children with disabilities and offer support to the children and their parents. As an individual, you can also contact your representatives to pass legislation that would empower people with disabilities to live independently. As a society, we need to get past the stigmatization of this group and normalize disability being an innate part of being human.
In the last blog, we covered the contextual history of the American Education System, primarily, who was allowed education, who was not, and even the differences in the quality of education that children in America received. We also explored the historical treatment of people with disabilities, both in the larger society, as well as in children with disabilities within the school system. Understanding the past is crucial to analyzing why certain events occur as they do in the future. That is what we set out to do in this continuation of the conversation about disabilities and the American education system. In this second part, we will focus on the realities children with disabilities witness within the education system, including the challenges they face, the school-to-prison pipeline that exists, and how this impacts their development (both mentally and physically). We will then explore how the recent pandemic exacerbated these conditions, and what sort of rights the children possess in this post-pandemic world.
Children with Disabilities in the Education System Today
Source: Yahoo Images
The many challenges faced by students with disabilities in the classroom
Children with disabilities today face many challenges within the classroom even without taking the pandemic into account. These challenges vary from physical barriers to socio-emotional ones. One thing that needs to be recognized is that not all disabilities are alike, and with various disabilities come various challenges. I don’t want to appear to be generalizing the struggles that children with disabilities face in the school system, because each individual’s experiences vary, even between different places. Some states within the United States may be very inclusive, while others may place the responsibility of accessibility on the people with disabilities themselves. Regardless of which state you live in, my goal here is to spread awareness of the various challenges that children with one or multiple disabilities face as they maneuver through their primary academic journey.
With that being said, one of the most common barriers that children with disabilities face is on the social level. Throughout history, children with disabilities have been separated from the rest of the able-bodied society, and this is also true within the school system. Many schools, when they began to accept children with disabilities into the school system, would educate them separately (in the basement or another room) from the other children. Even today, many children with learning and speech disabilities require additional help from trained professionals, which requires these children to spend extra time on their academics, and less time socializing with their peers. This naturally distances them from able-bodied children their age and can lead children with disabilities to become victims of many instances of bullying and harassment. A crucial element to consider is that while many children their age are dealing with the various emotions that come from development, children with disabilities have to deal with additional fears and insecurities surrounding their disabilities, as they learn to accept and adapt to life with disabilities. This can be challenging in and of itself, without having to deal with the social pressures from peers.
Additionally, while schools receive federal funding to meet the required measures for the children with disabilities within their institutions, this funding is limited, covering less than a quarter of the expenses needed to fulfill the required services for each student. The Individuals with Disabilities Education Act (IDEA) we covered in the previous blog allows Congress to allocate up to 40% of the average funding per student, but unfortunately, this has never been exercised by Congress, and funding for special education programs continues to be miserly. Schools receive 15% of the funding they are allocated, but they are still required to fulfill all the mandated regulations simply for receiving federal funding. This means that they have to come up with the remaining 85% of the expenditures on their own, in place of the 55% they would be responsible for covering if Congress secured the full 40%. This can place additional strains on these schools that are already struggling for funds.
Furthermore, children with learning disabilities require trained professionals to provide them with additional support throughout their academic journey. Someone who is hearing impaired may require additional resources to combat the auditory issues they face, or someone who is visually impaired may require additional lessons on how to read in Braille. Others with learning disabilities such as dyslexia (which is a disorder in which someone has difficulty reading and processing language), may need additional patience and support to process the information they are learning. Public schools, by law, are required to provide assistance to children with disabilities and those who have been through traumatic experiences. Licensed professionals that focus on educational needs for children with learning disabilities can be hard to find, and this has only worsened due to the pandemic. As many as 44 states experienced this shortage even before the pandemic, and this number continues to grow due to the issues of limited funding discussed earlier. Without the necessary help that students with learning disabilities require, they continue to fall behind their peers academically.
Many of these challenges can be addressed with more funding allotted to the education system as a whole, and professions within the field of special education can be incentivized by the government (by for example, making the training programs free and accessible to those who are interested) to address the shortage of licensed professionals. The education being taught in the schools can be more inclusive of children with disabilities, with opportunities for the children to share their experiences with their peers and help remove the stigma associated with disabilities by normalizing helpful conversations around disabilities. While these challenges can have a great impact on the learning abilities of children with disabilities, there are some challenges that can have drastic impacts on their futures as a whole.
The school-to-prison pipeline
Source: Yahoo Images;
Unfortunately, along with an increase in school shootings within the educational system, another phenomenon that has become all too common is the use of law enforcement to discipline children. More and more stories have been reported regarding children with disabilities and children of color being subjected to drastic disciplinary measures by school systems. When a child “acts out” or showcases any behavior not supported by the schools, the educators have resorted to involving the law instead of following disciplinary protocols within the schools (such as contacting parents, placing students in detention, or for more serious issues, using suspensions). Police are called on these students, and educators watch as young children are punished for their misdeeds by being harassed by the police. In many instances, these incidents have turned deadly, as police officers have used full force on young children, to force them into complying, at times jeopardizing the children’s well-being. Children as young as 7 years of age have been placed in handcuffs and threatened jail time, for childish behavior such as spitting or throwing tantrums. This can be especially dangerous when children with disabilities are involved because they are accused of “misbehaving” when they are simply reacting differently to situations than their able-bodied peers. The police, with little to no training on the different ways to approach people with disabilities, only escalate the already tense situations.
According to a CBS News analysis of data from the Education Department in 2017-2018, children with disabilities are four times more likely to be arrested than their able-bodied counterparts. Another research conducted by Cornell University reports that 55% of Black men with disabilities have been detained before they reach the age of 28. Young African American children with disabilities, therefore, are the most at-risk demographic to face legal repercussions for “behavioral” issues common among most children their age. This phenomenon, known as the school-to-prison pipeline, which disproportionately targets students of color, (and children with disabilities), involves the use of the criminal and justice systems as a tool to discipline children. Unfortunately, these disciplinary attempts remain on the permanent records of the targeted children and can have lifelong implications that determine their future.
An example of this school-to-prison pipeline is clear when looking into some of the instances where law enforcement is used to discipline children. Jacksonville, Illinois is home to a particular school that makes use of its law enforcement officers for behavioral issues. Garrison School, a public school where children with disabilities in that region attend, has been in the news recently for the staggering number of arrests made within a single school year. Although the population of this school is an average of 60-70 children, the police, who are located less than 5 miles from the school, have been called over 100 times for “behavioral” issues, such as throwing tantrums and spraying water. An investigation into this school found that in the school year 2017-2018 alone, more than half of the entire student body was arrested. As the only public school for children with disabilities in that region of Illinois, caregivers are limited in choices of schools for their children. In addition to having disabilities, the children at this particular school have also experienced immense trauma and violence in their past. Arresting these children for their “behaviors” continues to place these children in traumatic situations, further impacting their development.
Impacts on children with disabilities’ development
Source: Yahoo Images
Using the criminal and justice systems to punish or “discipline” children with disabilities can have lasting impressions on the children’s futures. For one, especially children such as those from Garrison School, who deal with personal trauma and violence from their past, experiences with law enforcement can deteriorate their mental health even further. Even those without previous trauma can have lasting impressions on their academic success, meaning that children who have been disciplined with the use of law enforcement are even more isolated from their peers and can experience breaks in their educational journeys. Studies have shown that children who have their needs met are more likely to outperform those students who do not have their needs met. Linking back to the school-to-prison pipeline, those students who have been arrested and imprisoned as young adults are more likely to continue down this path of criminality. Additionally, students with disabilities that have been imprisoned have to face the added struggles of maneuvering the prison system with disabilities, and these struggles are increased with multiple disabilities, especially with invisible disabilities, in which case, many people may not even believe the existence of these disabilities. Studies have shown how incarceration can worsen issues of mental illness within the prison population, and when translated to the impact imprisonment has on people with disabilities, these conditions are exponentially worse.
How it impacts children with disabilities’ professional futures
In addition to the harm this causes to the development of children with disabilities, the practice of using law enforcement to discipline school children has far-reaching consequences. For one, the children who are constantly “othered,” bullied, or harassed by both students and teachers can internalize their experiences and react to them, increasing their chances of being disciplined again for behavioral issues. In addition to that, being imprisoned, even for a few days, can be a traumatic experience that can shape your worldview, and as a result, your future. For young, developing children, these experiences can be impressionable, and coupled with the isolation that many children with disabilities experience, this can be a devastating combination, resulting in the deterioration of the children’s physical and mental well-being. Furthermore, many of these zero-tolerance policies that end in the arrests of children happen due to the faculty members pressing charges against the children. These charges, though they can be sealed for juvenile offenses, can lead to more charges in these children’s future into their adulthood. A criminal history into your adulthood can result in slim educational and employment options. Research conducted more broadly on this subject has been reported by the Prison Policy, and it showcases how increasingly difficult it is to find decent employment upon exiting the prison system. The report adds that even when formerly incarcerated people do find employment, they are often paid fewer wages than their co-workers.
Applying this research to children with disabilities who are disciplined through the legal system, can be an even bigger challenge for their futures. People with disabilities experience many barriers to obtaining employment even without imprisonment on their records. Studies have shown how incarcerating children does not deter them from engaging in criminal behavior in the future; it might actually have the opposite impact. Finally, children who are incarcerated experience large gaps in their education, and this can impact their ability to successfully enter the job market. This issue is exponentially worse among children with disabilities because they are more likely to be imprisoned for “behavioral issues”, and expands the academic gap felt by so many children with learning disabilities who are already facing many social and learning barriers.
How did COVID make things worse for children with disabilities?
Source: Yahoo Images
The pandemic was a time of uncertainty, and many of us were scrambling around not knowing what to do. Even as more and more information came out about the virus itself and how to safeguard it, there was a lot of anxiety and misinformation being spread around. Children with disabilities had to navigate not only their personal lives with their unique experiences but also the larger society that was falling apart around them in the face of a virus. Many businesses and schools shut down in the beginning, which meant that children had to adjust to different learning styles, something that may have been easier for some, but widened the academic gap for others. Children with disabilities as a whole had to be mindful of the threat that the virus posed on their lives. This virus was especially deadly to those with pre-existing conditions and for those who were immunocompromised, both of which apply to many children and adults with disabilities. So, constantly having to live with the anxiety of whether or not they might contract the virus would have been stressful enough without the masking and vaccine debates that have politicized this medical crisis. What is worse, COVID-19 vaccines for children were not available for over a year after the pandemic first began, leaving this population vulnerable to infections with no way to protect themselves against them.
Additionally, along with their children, parents, and caregivers of children with disabilities faced new challenges as everyone attempted to adapt to the “new normal”. While the mandated quarantine helped with transportation issues for some, it opened up a whole new set of issues for many. Children with learning disabilities who received additional help from professionals either had to go without it or transition to seeking their help through zoom. For some, accessing help through Zoom and Telehealth was extremely helpful in addressing the medical needs of people, and this had a positive impact on people with disabilities as a whole. However, accessing Zoom and Telehealth was a challenge on its own for many who lived in rural areas or marginalized areas where internet services were very minimal or nonexistent, or simply unaffordable. The pandemic was a time when many people also lost jobs, so children faced additional financial repercussions from the pandemic. These instances further widened the academic gap among children with disabilities.
This blog mainly focused on the struggles that children face within the American school system. Part three of this series will focus on some of the approaches that have been taken historically when addressing disabilities, and some ways in which we can take action, on a personal level, on a local or national level, and even on an international level.
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