American Citizens Affected By Hurricane Maria

Over the month of September, the island of Puerto Rico experienced two traumatic hurricanes: Hurricane Irma and Hurricane Maria. The eye of Hurricane Irma, a category five hurricane, hit north of the Island on September 7, 2017. Irma, the most powerful Atlantic hurricane to hit the island, left 1 million people without power. Shortly after Irma, Puerto Rico (PR) was ravaged again by another devastating hurricane. Hurricane Maria made direct landfall on Puerto Rico, resulting in a complete power outage in the island. 60,000 people were without electricity by the time Maria hit the island. Governor of Puerto Rico, Ricardo Rosselló explained to CNN the island’s power grid is “a little bit old, mishandled and weak,” thus grid could take months to repair. Stemming from Puerto Rico’s power catastrophe, which especially strained the island’s power authority, Puerto Rico Electric Power Authority (PREPA) filed for bankruptcy last July after racking up a $9 billion dollar debt. Not only did PREPA file for bankruptcy, so did Puerto Rico in May 2017.  Puerto Rico’s bankruptcy is the biggest municipal bankruptcy ever filed in United States history, owing the US more than $70 billion, thereby complicating officials ability to borrow money for public use. Post natural disaster recovery is reliant on money and resources, and without adequate funding and focused government management, rebuilding the island’s power system will be strained at best. The Puerto Rican economy and infrastructure was already struggling, and the impact of Hurricane Maria will exacerbate the issue further.

A picture of the American and Puerto Rican Flag
Todos Somos Boricua!. Source: Thomas Cizauskas, creative commons.

Even though Puerto Rico is not an American state or located on the mainland, PR is an American territory. Legally, a US territory has “the status of commonwealth, a legal and political status that is above a territory but still below a state.”  In 1917, President Woodrow Wilson signed the Jones-Shafroth Act, which granted U.S. Citizenship to Puerto Ricans born in Puerto Rico on or after April 25, 1898. Puerto Rican US citizens are entitled to the same inalienable rights as mainland US citizens. Puerto Rican US citizens are also entitled to equal FEMA federal government response to natural disasters. Puerto Rico is home to 3.4 million US citizens and, without power, millions of Americans will not have access to clean water, medical supplies, food, and basic public health services.

Food and Water

Currently, food and water supplies are at emergency levels throughout Puerto Rico. According to FEMA, 42% of the people on the island do not have access to potable water. Potable water is safe to drink and use for food preparation, without risk of health problems. The loss of power resulted in a lack of access to clean water to bathe, cook, or flush toilets since water cannot be pumped into resident’s homes. Limited clean water sources result in a substantial public health crisis. Without clean water, individuals are prone to malnutrition, and poor hygiene and sanitation; this amplifies the spread of communicable diseases across the entire island. Specifically, the CDC highlights proper water, hygiene and sanitation has the “potential to prevent at least 9.1% of the global disease burden and 6.3% of all deaths globally.”

As for food, 85% of the island’s food is imported from neighboring countries, like the Dominican Republic. Extreme infrastructural damage by Hurricane Maria massively disrupted the territory’s typical food imports. Maria additionally decimated Puerto Rico’s agriculture sectorresulting in a depletion of 80% of the crop value and local food production in Puerto Rico. The destruction of food imports and local food production is predicted to dramatically increase the cost of food itself and dramatically increase food shortages. These consequences will likely result in increased malnutrition of PR citizens, thereby increasing related illnesses and their effects, such as stunting and wasting throughout the island.  Recently, President Trump temporarily waive the Jones Act which “requires goods shipped between American ports to be carried out exclusively by ships built primarily in the United States, and to have U.S. citizens as its owners and crews.” Governer Richardo Rosello of Puerto Rico requested the act be waived, as the Act hinder disaster relief efforts post Hurricane Maria. Lack of power and crumbled infrastructure continue to make the distribution of food and humanitarian aid a challenge and pressing human rights issue.

a picture of water bottles
III MEF Marines prepare to provide assistance following tsunami in Japan. Source: DVIDSHUB, creative commons.

Health Care

“Just about every interaction with the health system now involves electricity, from calling a hospital for help to accessing electronic medical records and powering lifesaving equipment like hemodialysis machines or ventilators”

– Jullia Belluz, Vox

Puerto Rico’s health care infrastructure is devastated. Without an operational electrical grid, hospitals utilize gas-powered electric generators for energy. However, continuous diesel fuel shortages and lack water have ruthlessly weakened the capacity to treat patients throughout dozens of hospitals on the island. Likewise, numerus citizens injured during the hurricane have yet to be treated by health care professionals. Vulnerable populations, including: 1) children, 2) the elderly, and 3) persons with disabilities 4) life threatening health conditions, are at more severe risk for injury and death. Vulnerable populations such as the elderly and newborns require greater medical attention than the general population. Lack of power and hospital infrastructure becomes life threatening to patients needing live saving medical treatment.

Right to Adequate Health

The entire loss of power throughout the island exacerbates the intensity of Puerto Rico’s state of emergency. In our technologically advanced society, power is used in almost every aspect of our lives, especially in the US bureaucracy. Power helps us achieve our right to adequate health, explicitly defined in the Universal Declaration of Human Rights (UDHR). It is necessary Puerto Rico finds a timely solution to the territory’s failed power grid. The longer the communities live without power, the prospect of healthy and safe living environments remains grim. A complication furthering the aforementioned crises is the US’s congressional response to Hurricane Maria, which has been exceedingly disproportionate as compared to FEMA’s response to Hurricanes Harvey and Irma.  Two weeks after Hurricane Harvey hit Texas, the president signed a $15 billion Harvey relief fund to help victims.  However, for victims of Hurricane Irma, more than 20 days have passed since the initial hit on Puerto Rico. Two weeks later Hurricane Maria hit the island, and still Congress has failed to propose a spending budget for post-disaster relief. US officials claim they are waiting for greater insight into the full assessment of damage on Puerto Rico.

Hurricane Maria completely infringed on the rights of US citizens. The effects of Maria are going to negatively interfere with a population’s economic, social, and cultural rights explained in the UDHR. Food, water, and health care are all required to maintain adequate health. Delayed financial response by congress to Hurricane Maria will continue to perpetuate poverty throughout the region.  Future PR recovery initiatives need to focus on rebuilding the island’s economy, and power grid infrastructure. Puerto Ricans are American citizens and are entitled to the same protection as all citizens; however, all people’s human rights should be protected regardless of citizenship.

Silence = Death: ACT UP

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

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

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

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

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

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

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

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

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

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

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

 

The Transgender Military Ban, Part 2: Costs to the American Transgender Community

A bathroom sign titled "All Gender"
Asheville’s response to NC Bathroom Bill. Source: Bradley Griffin, Creative Commons.

On July 26th, 2017 President Donald J. Trump tweeted the following:

“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow… Transgender individuals to  serve in any capacity in the U. S. Military.  Our military must be focused on decisive and overwhelming… victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you”

The Real Cost to Transgender Americans

Transgender individuals, many of whom already face daily harassment and discrimination for their gender identity, have been shown to actively avoid situations where hostile confrontations may arise.  In 2016, after a political storm erupted out of North Carolina and the then-governor Pat McCrory’s “Bathroom Bill”, a landmark study on the lives of 27,715 transgender persons documented several startling changes that occurred in the lives of transgender persons.  These include:

  • 59% of transgender persons avoiding bathrooms for feared confrontations
  • 12% report being harassed, attacked, or sexually assaulted
  • 31% avoiding eating or drinking to avoid needing to use public restrooms
  • 8% contracting a kidney or urinary tract infection as a potential consequence for avoiding the use of public restrooms

Similar studies also document the prolonged and repeated stress endured by transgender individuals, when using public restrooms, after the “Bathroom Bill” was proposed.  Situations in which their minority status is negatively highlighted or emphasized, such as the use of public restrooms, are loaded events for transgender individuals. Until recently, the link between a culture of antagonism towards issues related to transgender individuals and the subjective experiences of these individuals themselves has been suspected but unsupported. A study published earlier this year in the Journal of Abnormal Psychology examined the gravest mental health crisis experienced by transgender persons: suicide.

Transgender individuals, as compared to the general public, are 14 times more likely to think about committing suicide and 22 times more likely to attempt suicide.  This horrifying trend holds in countries outside of the United States, and these rates may even be higher in transgender adolescents.  With this new data and analysis, the role of culture, across 2 different theoretical models, was shown to significantly impact the rate of suicide ideation in transgender individuals.  Suicide ideation was significantly predicted by factors such as victimization (specific attacks on an individual for their status as transgender), rejection (social reluctance to engage with transgender individuals), and non-affirmation (the active reminding of a transgender individual their gender identity is not accepted or validated).  To restate the findings, transgender individuals were more likely to seriously contemplate suicide, or wantonly envision a future in which they are not alive, if surrounded by a culture characterized by isolation, discrimination, and outright antagonism.  An important caveat remains: researchers will never be able to interview transgender individuals who have completed the act of suicide.  The ‘edge point’, or the final motive impelling a transgender individual to successfully end their own life, can be hinted at but will never be known with absolute certainty.  However, combining previous research on the statistical likelihood of suicide and suicidal ideation in transgender individuals, coupled with the recently supported theory that culture is a major implicator in the suicide risk of transgender individuals, presents the concerned public with startling information.  For these victimized individuals, a culture of transphobia can exacerbate a predisposition for suicide, potentially resulting in a public health crisis with deadly results.

a spray painted sign of Trans Lives Matter
Source: Dimitra Linardou, Creative Commons

Culture, according to Riane Eisler, is in constant flux.  People choose both their internal response to the forces of culture around them and their externally exertion of control over culture in future interactions with others.  According to Eisler’s Cultural Transformation Theory, a culture of transphobia (the ignorance, fear, or outright hatred of transgender individuals) can change to a culture of empathy, partnership, and mutual understanding.  Likewise, a culture of tentative acceptance can be quickly reversed to one of arbitrary discrimination and empowered domination.  One way a pro-social Eislierian cultural transformation for transgender persons can occur is through the creation, maintenance, and protection of human rights for transgender individuals (Eisler, 1988).  In the United States, transgender rights have a high degree on variance, mostly along state or jurisdiction lines (a graph displaying specific issues related to transgender rights in the US can be found here).  The scant federal rulings on the rights of transgender persons have involved only a few aspects of life for transgender persons, including discrimination in the workplace, marriage equality, and conversion therapy.  The rights of trans persons are still in flux, and the Trump Administration may indeed roll back these protections as their time in governance continues.  Rollbacks of trans rights might, as is supported by Testa et al.’s and the National Center for Transgender Equality’s research, create a public health crisis for transgender persons.  Creating a culture accepting of and empathic to the needs of transgender persons must include comprehensive human rights legislation protecting this vulnerable group without fear of retraction from a hostile administration, such as the Trump administration.

President Trump, under the guise of “medical costs” and unit “disruption”, attempted to used his public platform to instill a culture of blatant disregard for the patriotism, self-sacrifice, and protection of freedom offered by transgender persons who volunteered, volunteer, and may yet volunteer to serve in the United States Armed Forces.  The costs he associated with transgender persons serving in the military are non-issues, and a sober analysis of his proposed logic illuminates a stunning disconnect from the actual militaristic consequences of allowing transgender persons to serve in the US Armed Forces.  The literature, including both personal and academic accounts, reveals a population within America severely prone to self-harm, suicidal thoughts, and suicide attempts in the aftermath of public controversies regarding a fundamental part of their very identity.  The oppression of the transgender community has been shown to have far-reaching and oftentimes permanent consequences for trans persons- such as suicide.  The cost to the trans community from attacks such as these far outweigh the illusory costs to the Trump Administration in allowing trans persons to live a life unencumbered by blatant discrimination.

 

If you or someone you know is contemplating suicide or self-harm, here are resources to contact:

National Suicide Prevention Lifeline (press 1 if you are a US military veteran in crisis): 1-800-273-8255

Trans Lifeline: 877-565-8860

The Trevor Project (youth service): 1-866-488-7386

GLBT National Help Hotline: 1-888-843-4564

 

Call 911 if you believe there is an immediate threat to your and / or someone else’s physical safety and wellbeing.

 

References

Eisler, R. (1988).  The Chalice and the Blade.  San Fransico: Harper.

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

President Donald J. Trump tweeted the following on July 26, 2017:

“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow… Transgender individuals to  serve in any capacity in the U. S. Military.  Our military must be focused on decisive and overwhelming… victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you”

President Trump shrugs at a political rally
Source: Curt Johnson, Creative Commons

A History of Inclusion

The service of members of the LGBTQIA community in the US military has remained a highly contentious and passionately-fought issue on all sides of the political (and gender) spectrum.  The battle for inclusion in the American Armed Forces first involved inclusion along ethnic lines, then involving lesbians, gays, and bisexuals, and more recently the rights of transgender persons to openly serve.

On July 26th, 1948 President Harry S. Truman signed into effect Executive Order 9981: Establishing the President’s Committee on Equality of Treatment and Opportunity in the Armed Services.  The order essentially desegregated the United States Armed Forces, stating “… there shall be equality of treatment and opportunity for all persons in the armed forces without regard to race, color, religion, or national origin”.  President Trump’s tweet banning the service of transgender American soldiers comes on the 69th anniversary of President Truman’s executive order.  This Executive Order jumpstarted the battle for inclusion in the American Armed Forces, first included ethnic lines, then sexual orientation, and finally gender identity.

President Bill Clinton, in October of 1993, executed a new law known as “Don’t Ask, Don’t Tell, Don’t Pursue, and Don’t Harass”, though it’s commonly referred to as “don’t ask, don’t tell” (DADT).  DADT reversed the long-standing statutory ban on gay, lesbian, and bisexual individuals from serving in the United States military. Gay, lesbian, and bisexual individuals had long served in the US military with their sexuality largely kept secret.  DADT was first met by suspicion and hostility from many politicians and military personnel alike, citing fears of ‘undermining morale’ if gays, lesbians, and bisexuals were permitted to serve in any capacity.  Again, gays, lesbians, and bisexuals had long served the US military, but not to the explicit knowledge of their commanding officers or fellow servicemen and servicewomen.

President Barack Obama, in December of 2010, after both the House of Representatives and US Senate successfully voted to repeal the practice, signed into law a full reversal on DADT. The practice of forbidding gay, lesbian, and bisexual service-members to be ‘out’ about their sexuality and serve in the US military was effectively over.

Throughout the battles fought for gays, lesbians, and bisexuals to openly serve in the military, transgender individuals were explicitly told they must ‘pass’ as their biological sex if they wished to serve in the US military.  Transgender persons have myriad ways of expressing their sexual orientation, including: dressing in accordance with their gender identification, changing their name, hormone treatment, and medical procedures that alter their body to conform with their gender identity.  So far as the military was concerned, transgender individuals could be threatened with discharge for an enlistment violation if they did not ‘pass’ as their sex assigned at birth.  That is, until June of 2016, when Secretary of Defense Ash Carter lifted the ban on transgender individuals from openly serving.  In his public statement on the reversal, Carter explains:

“Our mission is to defend this country, and we don’t want barriers unrelated to a person’s qualification to serve preventing us from recruiting or retaining the soldier, sailor, airman, or Marine who can best accomplish the mission.  We have to have access to 100% of America’s population for our all-volunteer force to be able to recruit from among them the most highly qualified – and to retain them.”

Taking our lead from Carter, Obama, Clinton, and Truman, a question remains if military service is a civil right, civil liberty, or both.  The distinction between these terms can be found here.  Under current US federal law and military policy, American citizens over the age of 18 of sound body and mind can volunteer to serve in the US Armed Forces.  As it relates to transgender persons, the civil right to serve in the military without discrimination and the civil liberty to openly serve have been supported by legal precedents.  If President Trump’s blanket ban is codified in policy, any resulting legal action will clarify how civil rights and liberties are applied in the case of transgender Americans wishing to serve.

Trump’s Argument

President Trump’s transgender military ban was conveyed to the public via tweet, and tweets are not legally binding nor are they official US policy (though they have been ruled legal stream of consciousness).  The day after Trump tweeted on the issue, the Joint Chiefs of Staff General Dunford stated the Department of Defense was not changing policy on the President’s tweets alone- an official policy directive must be issued.

US Chairman of the Joint Chiefs of Staff
Defense Secretary James Mattis and Marine Corps Gen. Joseph F. Dunford, Jr., Chairman of the Joint Chiefs of Staff, update the media on the campaign against the Islamic State of Iraq and Syria during a joint press conference at the Pentagon in Washington, D.C., May 19, 2017. Source: Chairman of the Joint Chief of Staff, Creative Commons

The President’s tweets may indeed be a precursor to an executive order (such as the case with President Truman and military desegregation), a bill-turned-law (Presidents Clinton and Obama with the creation and repeal of DADT), a policy change (Secretary Carter and the service of openly transgender soldiers), some other legally binding option, or it may remain what it is today: a tweet.  The likelihood of the president issuing a policy directive is arguably uncertain.  However, based on the information the American public has on President Trump’s proposed transgender military ban, we can make an educated analysis of his arguments for a ban.  A thorough and exhaustive examination of his full public statement (341 characters, not including spaces) reveals two justifications the president offers for his transgender military ban: “tremendous medical costs” and “disruption that transgender in the military would entail”.

In 2016, the RAND Corporation, a nonpartisan think tank offering research and analysis in operational strategy related to the US Armed Forces, published a report titled Assessing the Implications of Allowing Transgender Personnel to Serve Openly; the full text can be read here.  This report, commissioned in response to growing questions about the reality of allowing transgender individuals to openly serve in the military, assessed: 1) the health care needs of transgender individuals, 2) the population size of transgender individuals in the US military, 3) the likelihood & potential costs of gender-related healthcare services to the US military, and 4) the ‘potential readiness’ of the US military to allow transgender individuals to openly serve.  This report helped inform Secretary Carter’s decision to allow transgender individuals to openly serve.  This widely-respected and cited report directly addresses both of President Trump’s justifications for banning military service of transgender individuals: medical costs and “disruptions” to unit cohesion.

The medical cost President Trump is likely alluding to is the extension of healthcare coverage to transgender individuals in the US Armed Forces to cover gender-transition related treatment.  As previously stated, this includes procedures such as hormone treatment, surgeries such as hair removal or breast implantation, and gender reassignment surgery.  Given the ongoing and bitterly contentious debate in the US Congress on Obamacare repeal / reform, President’s Trump’s focus on costs accrued from health does make sense, given the current political climate.  Politicking aside, the RAND Corporation did indeed find an increase in costs to the military in extending healthcare to include gender-transition related treatments.  Using cost estimates based off public employers, private employers, and treatments likely to occur in transgender persons in the military, allowing the health extension would cost the military between $2.4million and $8.4million per year (by comparison, the US military spends $84million / year in treatment for erectile dysfunction for US servicemen- 10x the amount of gender-transition related treatment). The US military currently spends $6.2billion per year in healthcare-related costs.  Therefore, allowing transgender soldiers to have access to gender-transition related treatment would see a 0.13% or 0.0013 yearly increase in the US Armed Forces healthcare budget.  These specific estimates can be found between pages 33-37 of the RAND Report.  To put this in further perspective, one of President Trump’s foundational arguments against the military service of transgender individuals is an unwillingness to spend a potential $2.4m-$8.4m / year, for individuals committed to protecting the United States from enemies foreign and domestic, in healthcare procedures that are entirely optional and may or may not be utilized.  For the president, these “medical costs” are simply too high.

Protesters hold a sign in front of the White House stating "Trans people are not a distraction"
2017.07.26 Protest Trans Military Ban, White House, Washington DC USA. Source: Ted Eytan, Creative Commons

President Trump’s second and final argument against the military service of transgender individuals is the “disruption” they present to their fellow soldiers, sailors, airmen, and Marines.  This very argument has been used before, most notably in the follow-up to President Obama’s repeal of DADT.  Critics of the repeal feared if other members in the unit found out an individual was lesbian, gay, or bisexual, this would inhibit unit bonding, and therefore negatively impact unit cohesion and situational readiness.  This argument has long been dismantled, and data indicate this trend holds for transgender individuals serving in the military as well.  In fact, individuals with negative attitudes towards transgender individuals are more likely to change those attitudes towards a positive outlook, given more interactions with a transgender person.  This specific instance of Mere Exposure Effect (or as social psychologists would say, “Familiarity Principle”) has been found in militaries across the world, including in the US.  The RAND Report summarizes these studies (pages 39-47), stating the presence of one or more transgender individual in a military unit has no significant impact on cohesion, operational effectiveness, or readiness.  “[D]isruption that transgender in the military would entail”, cited by President Trump as a reason for the transgender military ban, is simply not supported by the evidence.

Reaction to President Trump’s tweet was mostly surprise. While conservative circles welcomed the move, news outlets, advocacy groups, members of the US Armed Forces and private citizens have all expressed their ire, frustration, and disbelief at the transgender military ban.  What is more disturbing than this sudden announcement are the potential effects of President Trump’s statement on the lives of transgendered Americans.  It serves as an illustration of discrimination and oppression of transgender people in general.  This attack and other attacks like it, while disguised in seemingly innocuous rationale such as “medical costs” and unit “disruption”, do real and tangible damage to transgender persons. Reaching equality for transgender persons has just become more difficult.

My experience at the CoSP10

by MIRANDA GRAY

a picture of the inside of the UN General Assembly Hall
Inside of the UN General Assembly Hall. Photo by Tyler Goodwin

As I reported to the United Nations for my first day of actual volunteering, I felt enwrapped by excitement, anticipation and fear. Working at the United Nations had been a goal of mine for years, and after a tour of the UN just a couple of months before, I left telling myself that my long nights of studying and research for my masters in the anthropology of peace and human rights would be worth it. That May morning, when I walked into the UN, with a purpose, not just as a visitor, I felt important and like I was on my way to making it. At the end of the experience, however, I had other career goals in mind.

Personally, one of the most memorable parts of the whole experience came on that first morning, when my coworker and fellow graduate student, Ajanet Rountree, made me march onto the floor of the General Assembly Hall to find the volunteer coordinator, Fred Doulton. The security guard told me when I walked in that I strictly was to stay off the floor, as those spots were reserved for state representatives and UN workers. Ajanet spotted Fred, and her confidence led me to where I needed to be. Stepping onto the plush green floors of the General Assembly was electrifying; I simultaneously felt like somebody, as tour groups walked across the upper floor, and nobody, as I walked past ambassadors and other state representatives. I am particularly thankful for that moment and the ability to witness such an intricate and important session.

During the opening session when states stated their progress since the last conference, I became aware of the many moving pieces and challenges states must grapple with in advocating for the rights of persons with disabilities. Lack of awareness and resources as well as increased social exclusion have all impeded progress in protecting and ensuring rights of persons with disabilities. Many nations implored the other members of the conference for more concrete data on persons with disabilities in order to better tailor advocacy measures to persons with disabilities. However, the second session I took notes on truly opened my eyes to the other pieces of the advocacy puzzle, in addition to states, and tempered my opinion of a United Nations career as the ultimate goal for a human rights worker.

My second volunteer session incorporated statements given by several nongovernmental organizations. These organizations seemed to have specific goals and methods of implementation that might drastically improve lives of persons with disabilities. I realized that a great deal of the accomplishments that states reported on were often directly because of the work of NGOs. I previously thought of work with NGos as stepping stones to the ultimate career with the United Nations. And while working at the United Nations is still a career goal of mine, I have come to realize that meaningful necessary work is not a stepping stone, but rather the ultimate career in and of itself. When I heard NGO workers talk about the most important aspects of rights of persons with disabilities, I left feeling personally challenged to advocate for others in an inclusive manner that promotes full participation and addresses the impact of multiple discriminators on persons with disabilities, specifically women and children. I realized that day that no matter the name on the door, doing good work for people would always be admirable.

Before volunteering at the United Nations’ Conference of State Parties on the Rights of Persons with Disabilities, I do not think rights of persons with disabilities were at the forefront of my mind of imminently pressing human rights issues.  My previous studies have mostly focused on the rights of persons in areas of conflict, and those studies more specifically have been focused on the right to life. But following my experience volunteering at the Conference of State Parties on the Rights of Persons with Disabilities, I left having learned that any study on human rights violations should be inclusive of the particular violations persons with disabilities face. I left feeling a call to action, to advocate for persons with disabilities by listening to persons with disabilities, hearing their opinions, and acting accordingly. As I returned to UAB and Birmingham, I operate with a heightened sense of the lack of accessibility in our city, and I feel equipped with the drive and tools afforded me through my week at the UN to do something about it.

 

A 29th Floor Perspective

 

1st Ave from the 29th Floor of the UN
1st Ave from the 29th Floor of the UN. Photo by Ajanet Rountree.

The United Nations (UN) Conference on State Parties (CoSP10) experience began on the 29th floor for me. I say this because I lived in New York City and toured the UN on a couple of occasions. Additionally, living a life that is inclusive of persons with disabilities is in my wheelhouse. A friend and mentor utilizes crutches to help him walk because an accident, when he was younger, took the full use of his legs. Cancer took the use of B’s legs when she was a baby, and a motorcycle accident left my uncle paralyzed from the waist, making them both wheelchair users. I lead with all of this to say that making room in my world for persons with disabilities is something I have done for decades. My familiarity, in a sense, is akin to the knowledge gained by a couple of tours of the UN lobby and gift shop. Therefore, walking into CoSP10, I was prepared or so I thought.

I had never been on the 29th floor. The perspective is much different up there.

The Division of Economic and Social Affairs (DESA) is located on the 29th floor of the UN. The DESA team is responsible for both the economic and social affairs of persons with disabilities for all the UN member states as directly related to the Convention on the Rights of Persons with Disabilities (CRPD). They write and disseminate policies and ideas to the member states as suggested modes of implementation. Each policy and suggestion lies within the UN mandated Sustainable Development Goals (SDG) which is an extension of the 1945 UN Charter. SDGs are the 17 goals all member states, through collaboration, seek to achieve by 2020 as a means of ensuring “no one is left behind” while honoring the Universal Declaration of Human Rights (UDHR) and CRPD. Sitting in the conference room, I am inspired by the opportunity but not fully awake to what is about to take place.

Enter Daniela Bas.

Bas is the DESA director. During her chat with us, she disclosed a couple of points that stand out to me. First, the UN, as an employing entity, is beginning to put into action many of the policies and measures, tasked to member states for implementation. Most specifically, employing persons with disabilities in key leadership positions of which she is one. Second, the UN is an organization led by human beings seeking to do the right thing. With full acknowledgment, she reminds that the UN is not perfect but that the process of coalescing 196 backgrounds, traditions, religious affiliations, and attitudes to make significant strides at securing human rights and making the world more peaceful, is an accomplishment. Lastly, when compared to men and boys, and those who are able-bodied, discrimination against women and girls with disabilities doubles, and even triples if they belong to a minority race or class in their country. This last point, triple discrimination for women and girls with disabilities will become a recurring theme in the conference for me. The harsh reality of this fact remains an echo in my soul to this moment.

Confrontation with another person’s truth requires an adjustment to what is known through experience and education, and assumed through familiarity.

On the floor. Photo by Ajanet Rountree

I study and view life and the world with a gendered perspective in mind. I look for the role of women, our impact on families and societies, and our visibility and invisibility when it comes to equality. I am aware of the trials of living life at intersections. Intersectionality complicates because discrimination is complicated. I believe there is a temptation to separate the intersections so to obtain a solid understanding; however, it is in the attempt to separate that understanding is lost. Gaining a complete understanding of the dynamics of discrimination requires a holistic not segmented perspective.

Girls, irrespective of ability, are not as valuable or visible in many societies as boys are. Nora Fyles, head of the UN Girls Education Initiative (UNGEI) Secretariat, asserts invisibility is the fundamental barrier to education for girls with disabilities. She confirms this assertion when explaining the search for partnership on the gendered perspective education project by stating that 1/350 companies had a focus on girls with disabilities. For Bas, the failure to identify girls and women with disabilities is a failure to acknowledge their existence. Subsequently, if they do not exist, how can we expect them to hear their need? She suggests addressing crosscutting barriers. Leonard Cheshire Disability (LCD), in partnership with the World Bank, UNICEF, and UNGEI, hosted a side-event where they released their findings regarding a lack of inclusive education opportunities for girls with disabilities. Still Left Behind: Pathways to Inclusive Education for Girls with Disabilities sheds light on the present barriers girls, specifically those with disabilities, experience when seeking an education.

Article 26 of the UDHR lists education as a human right. Bas believes if knowledge is power, and power comes from education, the fact that 50% of women with a disability complete primary school and 20% obtain employment, reflects social and economic inequality. Ola Abu Al-Ghaib of LCD emphasizes policies, cultural norms, and attitudes about persons with disabilities perpetuate crosscutting barriers for girls with disabilities to receive an education. She concludes that schools are a mirror of society. In the absence of gendered sensitivity, boys advance and girls do not. Every failed attempt to address and correct the issue is a disservice to girls generally, and girls with disabilities, specifically.

It is imperative to remember that the spectrum of disability is multifaceted. Most people recognize developmental and physical disabilities like Downs Syndrome, Autism, visual and hearing impairment, and wheelchair users, but fail to consider albinism and cognitive disabilities as part of the mainstream disability narrative. Bulgaria is focusing on implementing Article 12 of CRPD regarding legal capacity. Legal consultant and lawyer, Marieta Dimitrova explains that under Bulgarian law, only reasonable persons have the right to independence; therefore, persons with cognitive disabilities receive the “unable” descriptor under assumption they are unable to reason and understand, thereby placing them under a guardian. Guardianship removes the right to participate in decisions regarding quality of life, which is a deprivation of liberty. She resolves that although full implementation into law awaits, stakeholders are seeking renewal in the new government because pilot projects have proven that an enjoyment of legal capacity in practice yields lower risk of abuse, changed attitude within communities, personal autonomy and flexibility.

Not all disabilities result from birth or accidents. War and armed conflict factor into 20% of individuals maimed while living in and fleeing from violence. A lack of medical access leave 90% of maimed individuals permanently disabled. Stephane from the International Committee of the Red Cross (ICRC) submits that for refugees with disabilities, access to essential services can be difficult on the journey and in camps, but also for those who are unable to flee. He infers a “double disability” inflicted upon refugees with disabilities: first as a refugee, and second as a person with a disability. Human Rights Watch advocates that refugee camps produce a humiliating and degrading existence for persons with physical disabilities because the “tricks” employed prior to arrival in the camps, are no longer applicable as wheelchairs sink in the mud and crutches break on rocky grounds. The Lebanese Association for Self-Advocacy (LASA) reports the underrepresentation of women and girls is significant when receiving information and access to assistance.

In a refugee simulation seminar, LASA informed that on the ground, confusion is high given that humanitarian organizations do not consult with each other, making communication difficult and non-supportive. For families with a person with a disability, nonexistence communication means a prevalence to fall victim to violence and harassment. Jakob Lund of UN Women divulges that humanitarian aid can be ineffective for women with disabilities, while Sharon with OHCHR suggests a clear dichotomy between the rights of the able-bodied and the rights of persons with disabilities holds central to the ineffectiveness. At the core of a lack of communication and accessibility is invisibility. Stephane concludes that there is an obvious need for a necessary and systematic retraining specific to educating others on how to see the invisible.

a picture of Chinatown, NYC and Brooklyn Bridge
Chinatown, NYC, and Brooklyn Bridge. Source: Madhu Nair, Creative Commons

The process of inclusion and equality relates directly to the decision to acknowledge a person’s existence. Retraining the mind to see any human being with a physical disability takes decisive action so I put myself to the test. First, I thought of all the famous women with a physical disability I could think of, and arrived at about six, including Heather Whitestone and Bethany Hamilton. I then googled celebrity women with disabilities which yielded a Huffington Post piece that identified Marlee Matlin, Frida Kahlo, Helen Keller, and Sudha Chandran as 4/10 “majorly successful people with disabilities”. I had Marlee Matlin and Helen Keller. What is more interesting is that I arrived at seven when naming men with physical disabilities. Here is the point: society is not inclusive of persons with disabilities if we have to strain our brains to remember the last time we sat next to, opened the door for, ate a meal with, or saw on the television/movie screen/church platform a person who did not look like us physically.

Perspective changes everything because perspective is everything.

Accessibility: A Paradigm Shift

a picture of the inside of the UN General Assembly Hall
Photo by Tyler Goodwin

I was given the opportunity to work as a rapporteur for the Conference of State Parties to the Rights of Persons with Disabilities (CRPD) at the United Nations in New York City. As a rapporteur, it was my duty to report on each event and assembly that I attended by drafting a summary of what took place respectively. I was able to attend the opening ceremony in the General Assembly Hall, which is where the meetings of the 193 Member States originally take place; an event on data mining, which is when one uses a large database to come to conclusions, and the importance of technology for persons with disabilities, where Dr. Reuter presented her research; a Roundtable Debate, where each party was able to ask questions and address any concerns they may have; and finally, a panel discussion with members, one of which was Dr. Reuter, who had the opportunity to present their findings from their research and answer questions from the audience.

When we were getting our duties and learning our roles, the Director for the United Nations Department of Economic and Social Affairs (DESA) Division for Social Policy and Development, Daniela Bas, came in to speak to us. It was a humbling experience, as she made an effort to get to know everyone in the room. I was also able to meet delegates from Canada, Zambia, and New Zealand. I remember Zambia’s representatives standing out specifically, for many reasons. Zambia is a country in southeastern Africa, where resources are limited. However, with the resources they have left, they have made efforts to allocate some of them to persons with disabilities. They also reported on their progress in implementing the CRPD, and it claimed to have many positive strides despite the fact that there is still much to be done.

During the Roundtable Debate, the issue of travel complications was raised. It was an eye-opening moment for me personally, as someone who loves to travel. I learned that a lot of individuals and families must plan business trips and vacations around accessible places and there will more than likely still be difficulties during their travels due to accessibility issues. Catalina Devandas Aguilar, who is the Special Rapporteur on the Rights of Persons with Disabilities then spoke on how there must be a greater political commitment to combat this issue. As the Special Rapporteur, she is trusted to be impartial and knowledgeable when she reports on a country’s trials. She was not speaking of a certain country in this case, but what she had examined across the globe. She also called for more respect, dignity, and a gender-equal approach when concerning persons with disabilities and the obstacles they face. It is important for all of these prongs to be met for persons with disabilities as they are seen as lesser or incapable at times. In reality, it is not feasible for persons with disabilities to accomplish something due to inaccessibility.

a picture of the stone wall outside of the UN
Photo by Tyler Goodwin

Prior to my week of working for the United Nations, I had a vague idea about how it was operated. I assumed it was similar to a business, but on a much larger scale. I imagined that the employees, directors, and delegates would be strictly focused on the Conference. I now have a small, but a clearer understanding of how the United Nations works. Those mentioned were certainly focused, but they were open to chatting and encouraging to others. Ms. Bas went out of her way to come speak to us, and the employees that I sat beside during the events were extremely welcoming and helpful. They asked about who I was, where I am from, and what I hope to accomplish one day. I expected to have to aggressively network to get to meet higher-up employees, but they were the ones who made the efforts to get to know me and the rest of the team. It changed my perspective of the United Nations in a positive way and fanned the fire inside of me to want to work there more. I was unsure of what a day at the United Nations would be like for an employee, and I only received a small glimpse of it, but I am thrilled to have gotten the experience.

Throughout the course of the Conference, I was able to see the importance of a global approach to handling persons with disabilities’ rights and implementing the CRPD. When it comes to a community so large and diverse, the United Nations must act cohesively to reach the 2030 agenda of sustainable development, and this Conference was a testament to their commitment. Doing so would ensure the world would be more accessible for all and lessen the issues faced by persons with disabilities.

This opportunity was heavily impactful for me. I was introduced to the world of the United Nations, and the humanitarian world outside of it. I met people who are involved in advocacy and fighting for rights around the globe, whether they are employed by the United Nations or not. I always envisioned myself being truly fulfilled by working for the United Nations alone, but I learned that there are many different outlets to accomplish the types of things I want to one day. It is still my end goal to be employed by them, but I have realized that I can have a fulfilling career. I am beyond grateful to Dr. Reuter for her research and advocacy, as she is truly making a difference. I am also grateful to have had her bring me along to experience the United Nations from the perspective I was given.

Reconciling Political Spectacle and Genuine Empowerment

a photo of Nick on the UN floor
Source: Nicholas Sherwood

Disability is widely defined. Disability is typically thought of an impairment (though this term is quickly falling out of the common lexicon) of the physical, cognitive, intellectual, developmental, or other types of day-to-day functioning in an individual.  This convention marked the 10th anniversary of the formal UN codification of the international rights of persons with disabilities, and this year’s programmatic focus was on the inclusion of persons with disabilities in decisions affecting their lives.  In other words, persons with disabilities worked side-by-side with UN representatives and other officials to comment on the progress of their rights.  UAB’s Institute for Human Rights, in conjunction with American University’s Institute on Disability and Public Policy (IDPP), presented research and policy direction.

This was my first time to visit the UN. Actually, my first time in New York City.  Working with the United Nations has been a dream of mine since I was a young boy. I have dreamed of seeing the member states’ flags waving in front of the tall Manhattan skyscraper, hearing dozens of languages and dialects spoken, and of contributing to the founding principles of human rights and international governance.  From inside the UN, the world is a much more complex place than the dream I had as a child.  I will elaborate further.

As a rapporteur, I notated the official dialogue between state parties on their progress in implementing the Convention on the Rights of Persons with Disabilities.  I heard and transcribed over 80 state parties’ efforts to include these persons in the local, regional, national, and international conversation on how to foster a more inclusive world for persons with mental and physical differences. The wording here is intentional because I am choosing not to see persons as ‘disabled’ but with features different from my own; thereby, reframing the perception and honoring their right as a human being first, rather than a disability.

In some cases, the effort was fantastic while others left must to be desired. Australia, in particular, has had tremendous success reaching out to persons with disabilities, especially in aboriginal tribes. NGOs publicly name other states whose efforts are praiseworthy.  Public addresses, which are by nature political, served to motivate other ‘lacking’ states to imagine and implement faster, more effective, and more inclusive policies for persons with disabilities.  The political game was on full display.  Some states simply paid lip service to the CRPD.  One state in particular, infamously known for blatant human rights violations bordering on genocide, implored the audience their commitment to human rights and their government’s special attention to persons with disabilities.  States with an abhorrent human rights record, upon delivery of their ‘efforts to promote the rights of persons with disabilities’, received cold eye rolls and scoffs from other diplomats.  In the official meetings of the State Parties, no love was lost between states who actually adhered to the Convention and states who only signed and ratified for political purposes.  The political optics were on full display, and attentive audience members could typically discern authentic investment in the CRPD and inauthentic investment.  This political game was in stark contrast to the side events present throughout the convention.

The official State Meetings of the CRPD take place simultaneously with presentations on specific issues to persons with disabilities and solutions created by NGOs, states, and members of civil society.  These presentations, similar in execution and functioning to an academic research conference, disarmed the political machine of the UN in favor of real, boots-on-the-ground- efforts to include and empower persons with disabilities from across the globe.  Throughout the three days the conference took place, I was awestruck by the tenacity and ingenuity of disabled and non-disabled persons alike in efforts to eradicate the ‘ability barrier’ throughout the world.  I heard presentations on cities with universal design (built with accessibility for all persons with disabilities), e-participation in governance by persons previously unable to self-advocate for their rights, research that educates policymakers on the special needs of persons with disabilities, and the general promotion of human rights regardless of ability for all persons.  Here, the political spectacle was negligible.  These are real persons—with and without physically evident disabilities–working in all corners of the world to ensure “no one is left behind”.  Any jadedness from the political spectacle of the official meeting of State Parties dissipates by the passion and ingenuity of all actors displaying their unique methods to ensure universal human rights for persons with disabilities.  The breakout sessions were visionary and motivating, empowering and inspirational.  The real action is located here, not in the lofty UN assembly meet rooms.  The full expression of human rights finds protection and promotion by humans, not by institutions.

a picture of the rapporteur sign on the UN floor
Source: Nicholas Sherwood

Moving forward, as a human rights student and peace advocate, I am still very much interested in a career with the UN.  This experience though, assisting in conference presentations and serving as Court Rapporteur for official State Party meetings, left a few indelible impressions on me and changed by outlook and understanding of the UN.  Prior to this UN trip, I placed absolute faith the UN system and its machinations.  I believed the Conventions (on disabilities, women, children, etc.) enforced human rights.  I believed the UN was a human rights ‘police force’ of sorts.  I believed international governance was a smooth process and was fruitful in protecting human rights and promoting peace.

Now I understand people, not documents, protect human rights.  International governance works when purveyor of rights–people–are vigilant and unrelenting in the protection of their dignity.  For those who may not have the opportunity to self-advocate, such as persons with disabilities, we must not put words in their mouths or patronizingly speak for them.  They can speak for themselves. We, the able-bodied population, must offer our louder megaphones to them to ensure their voices find expression.  The UN works when we, the global community, work with institutions of all levels–local, regional, national, and international–to ensure “no one is left behind” in the pursuit of a world enshrining human dignity and respect.  The UN is indeed an ideal but people have the real power.  Realistic idealism, in this regard, may be the optimal method to promote and protect human rights.  We, the people, owe it to all members of society to remain vigilant, purposeful, and passionate in our advocacy. The tireless self-advocacy of persons with disabilities at the 10th anniversary of the CRPD is a poignant reminder that apathy and indifference has no home in even the most marginalized populations.  As a student of human rights and a global citizen at large, this experience changed me for the better.

Venezuela: On the Brink of Collapse

a picture of a man walking in front of a burning car during a Venezuelan protest
Venezuela riot San Cristobal protest. Source: ビッグアップジャパン, Creative Commons.

Venezuela is not free. The Freedom in the World 2017 Profile rates their overall freedom status as Not Free with an aggregate score of 30/100. The most recent anti-government protests have persisted for eight weeks with a rising death toll of at least 60 as of Monday 29 May, as the far too often and routine clashes between protesters and police continue. Violence has heightened in recent days as the opposition marches for its four key demands:

  1. removal of the Supreme Court justices who issued the ruling on March 29th;
  2. general elections in 2017 (rather than 2018);
  3. creation of a “humanitarian channel” to allow the import of medication to counter severe shortages; and
  4. release of all the “political prisoners”

Both the government and opposition accuse each other of sending armed groups to sow violence during demonstrations. President Maduro has even gone as far as to accuse the opposition of terrorism. Food and medicine shortages plague the citizens of Venezuela as they struggle to fight for their own freedom and basic human rights. Many sources say the country is on the brink of collapse.

Consistent political tension has existed in the country since the death of former leader of the United Socialist Party (PSUV) Hugo Chaves in 2013, when President Nicolas Maduro came to power. The election left the country split into Chavistas (followers of the socialist policies of the late President Chaves) and those who wish to see an end to the PSUV’s 18 years in power. Opposition members claim the PSUV has eroded Venezuela’s democratic institutions and mismanaged its economy. In turn, Chavistas point the finger at the opposition for being elitists, who exploit poor Venezuelans for personal financial gain. Additionally, Chavistas allege that opposition leaders are in the pay of the United States, with whom Venezuela has had strained relations in recent years.

In early 2014, Venezuelan government began to respond to anti-government protests with brutal force. Security forces used excessive force against unarmed protesters and bystanders. These forces tolerated and even, at times, collaborated directly with armed pro-government gangs that violently assaulted protesters. Those detained and held incommunicado on military bases for at least 48 hours before appearing before a judge. In some cases, detainees were subject to severe beating, electric shocks or burns, and forced to squat or kneel for hours.

Maduro, in July 2015, deployed over 80,000 members of security forces in “Operation People’s Liberation” (OLP) to confront “rising security concerns”. Following raids in low-income and immigrant communities by both police and military forces resulted in public accusations of abuse, including extrajudicial killings, mass arbitrary detentions, maltreatment of detainees, forced evictions, the destruction of homes, and arbitrary deportations. The following February, Attorney General Luisa Ortega Diaz announced that 245 people had been killed in OLP raids during 2015 in “incidents in which ‘members of various security forces participated’”. Government cited that “those killed died during ‘confrontations’ with armed criminals,” despite witness accounts in at least 20 cases that do not include any sort of confrontation.

a Venezeulan policeman at a protest
Policemen from the Bolivarian National Police watching protesters in Maracaibo. Source: Global Panorama, Creative Commons.

Human Rights Watch World Report on Venezuela (HRW) reveals tensions have only increased as arbitrary prosecution of political opponents has become more frequent and forceful. Leopoldo Lopez, an opposition leader, is serving a 13-year sentence in military prison for his alleged role in inciting violence during a demonstration in Caracas in February 2014, despite the lack of any credible evidence linking him to a crime. Several others arrested arbitrarily in connection to anti-government protests in 2014, remain detained or under house arrest while awaiting trial. The Bolivarian National Intelligence Service (SEBIN) detained dozens of individuals in 2016, citing they were planning, fomenting, or participating in violent anti-government actions, although many were, in fact, peaceful protests. Many detainees claim they were tortured or abused in custody. Detainees also report they were unable to speak with their families or attorneys for hours and/or days after their detaining. In many cases, much like Lopez’s, prosecutors failed to produces any plausible evidence associating charged persons with the crimes of which they were accused. Courts consider the possession of political materials, including pamphlets calling for the release of political prisoners, credible evidence in some cases.

HRW suggests Venezuela’s national distress heightened as “severe shortages of medicines and medical supplies make it extremely difficult for Venezuelans to obtain essential medical care. In August 2016, a network of medical residents from public hospitals countrywide reported severe shortages of medicines in 76% of surveyed hospitals as compared to 67% the year before. Researchers found that infant and maternal mortality rates in 2016 were significantly higher than in previous years. Severe food shortages have made it extraordinarily problematic for many people to obtain adequate nutrition. Civil society groups and two Venezuelan universities conducted a survey in 2015 in which “87 percent of interviewees nationwide—most from low-income households—said they had difficulty purchasing food” and “[t]welve percent were eating two or fewer meals a day”.

The UN Human Rights Council scrutinized Venezuela’s human rights record in November 2016. Numerous states “urged Venezuela to cooperate with UN special procedures by addressing arbitrary detention, lack of judicial independence, and shortages of medicine and food; releasing persons detained for political reasons; respecting freedom of expression, association, and peaceful assembly; and ensuring that human rights defenders can conduct their work without reprisals”. Unfortunately, Venezuela has actively voted against the scrutiny of human rights violations as a member of the UN Human Rights Council, and has opposed resolutions associated with human rights abuses in North Korea, Syria, Belarus, and Iran.

a picture of a Venezuelan protester
Venezuelan protest. Source: ビッグアップジャパン, Creative Commons.

The Venezuelan government has downplayed the severity of the country’s current state of crisis. Efforts to alleviate shortages have not been successful and have limited efforts to obtain available international humanitarian assistance. Measures taken by the Venezuelan government to restrict international funding of non-governmental organizations, along with unsubstantiated accusations by government officials and supporters that human rights defenders are seeking to undermine Venezuelan democracy, creates a hostile environment that restricts civil society groups from effectively promoting human rights. In early 2016, Maduro issued “a presidential decree that—in addition to declaring a ‘state of exception’ and granting himself the power to suspend rights—instructed the Foreign Affairs Ministry to suspend all agreements providing foreign funding to individuals or organizations when ‘it is presumed’ that such agreements ‘are used for political purposes or to destabilize the Republic’” (Venezuela, 2017). Maduro received two extensions to the state of exception – in September and in November.

A surprise announcement by the Venezuelan Supreme Court on March 29, 2017 was a key catalyst in sparking the current anti-government protest. The announcement disclosed that the Court would take over the powers of the opposition-controlled National Assembly–a ruling the opposition claimed would undermine the country’s separation of powers and push Venezuela one-step closer to a one-man, dictatorial rule under Maduro. The Court argued that the National Assembly had disregarded previous Court rulings and was therefore in contempt. Three days later, the Court reversed its ruling. This reversal, unfortunately, did not bring any relief to the overwhelming distrust of the Court by opposition members.

In early May 2017, discussion of creating a new constitution began as Maduro sought to make a move following the earlier days of the prolonged protest. The president has taken steps, including signing a document establishing the terms for electing the member of a “constituent assembly”, tasked with the drafting of a new constitution.

Citizens of Venezuela persist in their efforts to demand access to basic human rights and civil liberties. Doctors rallied in the ongoing protest to address their own frustration with the current crisis. Over a thousand health care workers and opposition sympathizers marched towards the health ministry in Caracas. Police fired tear gas to drive them back, in scenes all too familiar after weeks of unrest. One protester, a 50-year old surgeon, says, “One is always afraid to come out, but we will carry on doing it until there is a change”. Despite a belief that the opposition party is plotting a coup against him, President Maduro has called for a “march for peace”. Venezuelans and the world await his plans to bring peace to fruition.

 

 

Works Cited

Freedom in the World 2017: Venezuela Profile. (2017). Retrieved May 2017, from Freedom House:https://freedomhouse.org/report/freedom-world/2017/venezuela (2017). Venezuela. New York, NY: Human Rights Watch.

Venezuela Crisis: What is Behind the Turmoil. (2017, May 4). Retrieved from BBC News: http://www.bbc.com/news/world-latin-america-36319877

Venezuela Leader Launches Constitution Overhaul. (2017, May 23). Retrieved May 2017, from TRT World: http://www.trtworld.com/americas/venezuela-leader-launches-constitution-overhaul-363182

Venezuela Protests Continue with Rally bt Health Care Workers. (2017, May 22). Retrieved from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416

Venezuela Protests Continue with Rally by HealthCare Workers. (2017, May 22). Retrieved May 2017,from TRT World:                                                                                        http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416

 

 

Indian Removal Act: The Genocide of Native Americans

a picture of a Native American headdress
Native American Headdress. Source: Chris Parfitt, Creative Commons.

Genocide is the systematic destruction of peoples based on ethnicity, religion, nationality, or race. It is the culmination of human rights violations. There are numerous examples of genocide throughout history, some being more infamous than others. For example, Hitler and the Jewish Holocaust is probably the most well-known case of genocide in modern history. There are other cases that are not as well known, especially in our American culture where, historically, we tend to focus on the atrocities of others and ignore our own. One such case is Native American genocide by European colonists, and later, the United States government. The purpose of this blog is to objectively examine a few of cases of genocide against Native American peoples, by European settlers and the United States government, and understand why they occurred.

Thanksgiving, a traditional holiday in the United States, would not have been possible without the Algonquian tribes that befriended early English and Dutch settlers in the New World. In fact, many early 17th century European settlers died, in the first few years of colonization, due to starvation and disease. Turkey, pumpkin and Indian corn are three traditional foods of Thanksgiving were actually introduced to the Pilgrims by the Algonquians. Initially, some of these foods were foreign to the struggling European colonists. However, over the course of several years, the colonists learned how to survive in their new environment with the help of their Native American neighbors. The first Thanksgiving was a three-day harvest festival, with ninety-one “savages” in attendance, who gifted the Pilgrims with five freshly killed deer, as their contribution to the festivities. The Pilgrims were impressed with the deer, one noting that it would have taken them (the colonists) a week to hunt five deer, yet the “savages” accomplished this in one day (Heath 82). The Pilgrims viewed their Native American neighbors as “savages” due to ethnocentrism and a worldview based on natural law, or a natural hierarchy based on God’s design. This hierarchy is a Eurocentric philosophy placing the white man as superior and other races, such as, Black, Asian and Native American as inferior.

Source: Mike Licht, Creative Commons

In the following years, as the alliance between the colonists at Plymouth and their Native American neighbors grew, social conflicts began to erupt. The death of Captain John Stone was the first misunderstanding between the Pequot, a neighboring tribe, and the Puritans. There was a failure in justice, as the Puritans saw it, as they wanted the Pequot responsible for Jones’ death to face English law, rather than allow the Pequot to administer justice themselves. Also, one must take into account how the Pequot were viewed by the Puritans  as “savages”. This affected how the Puritans interpreted the actions of the Pequot and their place in God’s plan. These views were first reinforced through ignorance of medical knowledge. The pandemic of 1617-1619 killed many Puritans as well as Native Americans, and served to reinforce a worldview based on religious mysticism rather than objective knowledge. Neither the Puritans nor the Native Americans understood how disease was transmitted. This lack of knowledge made it difficult to comprehend their susceptibility, due to a compromised immune system, to foreign microorganisms. The Puritans being affected by the New World microorganisms and the Indians succumbing to European microorganisms brought by the colonists fostered distrust, accusation, and death (Cave 15).

The Puritan worldview consisted of two parties: God’s party being white; Satan’s party being dark, heathen and doomed.  The New World was a spiritual battleground, and it is amazing that peace lasted as long as it did, with war being the primary vehicle of God’s deliverance and justice, in the Puritan mind. In short, the Pequot War was a war of misunderstandings and natural law, in which the Puritans were righteous and justified, while the Pequot were heathens, soldiers of Satan, and inhuman (Cave 18). The Pequot War lasted almost a year, from 1636 to 1637, with both parties being experienced warriors. In the end, the Pequot were defeated and this relatively short, small-scale conflict served to justify the killing of Native Americans by creating an image of untrustworthy savages that were plotting to destroy those doing God’s work in the New World. This became the bedrock of American frontier mythology (Cave 168).

The Pequot were not the last Native American tribe in New England to suffer what the Puritans believed to be divine mandated justice. The Narragansetts and the Wampanoags, once friends of the English in the early 17th century, both discovered, before the end of that century, that the Puritan conception of God’s providential plan for New England left no room to assert Native American autonomy. Such assertions were an offense to the Puritan sense of mission. As the population ratio between the English and the Native Americans in New England shifted in favor of the English, the Puritans authorities became increasingly overbearing in their dealings with their Native American counterparts. Puritan Indian policy, from its inception, was driven by the conviction that if Puritans remained faithful to their covenant with God, they were destined to replace the Indians as masters of New England. By the end of the 17th century, economic changes, such as the declining importance of the fur trade and the expansion of English agriculture and industry, effectively reduced the need for Indian commerce, further jeopardizing the status of Native American communities in New England (Cave 174).

The intolerance of Indian cultures reflected essential elements of the Puritan worldview as a struggle between heathen savagery and Christian civilization. Puritan ideology was founded on three premises, which later translated into vital elements of the mythology of the American West. The first was the image of the Native American as primitive, dark and of evil intent. The second was the portrayal of the Indian fighter as an agent of God and of progress, redeeming the land through righteous violence. And finally, the justification of the expropriation of Indian resources and the extinction of Indian sovereignty as security measures necessitated by their presumed savagery (Cave 176).

By the 19th century, this mythology began to reflect itself within Unites States governmental policy, during the presidency of Andrew Jackson. The United States went through a major reorientation in race relations during this time. The growing abolition movement led the way to the sectionalism of the Civil War and the consequent emancipation of the slaves. This dramatic transformation in racial policy did not include the Native American tribes of the Southeastern United States (Cherokees, Creeks, Choctaws, Chickasaws and Seminoles), who were considered “the most civilized tribes in America” because of their adoption of the agricultural system of their white neighbors, including the institution of black chattel slavery (McLoughlin xii). By 1838, the Cherokees were forcibly expelled from their ancestral homeland and relocated to the Oklahoma territory, by way of what is now known as the Trail of Tears. The Cherokee tried to prevent this and maintain their sovereign “nation” by adopting a constitution, based on that of the United States, to govern their own land under laws and elected officials. At the same time, the sovereign state of Georgia was attempting to abolish the Cherokee Nation and incorporate the Cherokee under their own laws. Andrew Jackson became president in 1828 and one of his first priorities was to resolve this issue.

Jackson, being a slave owner and a renowned Indian fighter of the Western frontier, sided with Georgia, supporting states’ rights to supersede treaty rights. The issue was brought before the Supreme Court twice, once in 1831 in Cherokee Nation vs. Georgia and again in 1832 in Worchester vs. Georgia. Chief Justice John Marshall described the Cherokees as “a domestic, dependent nation” and he proclaimed the unconstitutionality of Georgia’s laws, asserting that federal authority overruled states’ rights regarding Indian treaties. However, Jackson had already persuaded Congress to pass the Indian Removal Act in 1830 that made it virtually impossible for any eastern tribe to escape ceding its land and moving to “Indian territory”, west of the Mississippi River (McLoughlin 2). It is worth noting that, in modern times, these acts would be violations of U.N. Charter, Article 1.2 which asserts, “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”.

Source: John Perry, Creative Commons

Thus, in 1838, the Cherokee were forced from their land and “escorted” west. The trip was estimated to take eighty days, but some of the contingents took almost twice as long due to inclement winter weather, unrelenting sickness because of exposure, and dangerous ice flows while crossing the Mississippi River. Before the Cherokee left on this epic trek, almost 1,500 had died from epidemics in the camps they were housed in; another 1600 died on the journey. As a result of their weakened condition, along with the absence of housing and food, many more died soon after reaching their destination. The United States government had guaranteed supplies for the Cherokee’s new home, for a year after their arrival, but rations were hired out to private contractors who made extra profits by providing less than they had agreed to supply. Oftentimes, what they did provide was rotten meat and moldy corn and flour (McLoughlin 7).

In current times, the Dakota Access Pipeline represents another affront to Native American sovereignty and further marginalization of Native American peoples; in this instance, the Sioux tribe located in Standing Rock, North Dakota. There are two primary issues the Sioux have against the pipeline: The pipeline will contaminate drinking water and damage sacred burial sites. Originally, the pipeline was designed to go through Bismarck, North Dakota but was rejected by the citizens there because they didn’t want to risk contaminating their drinking water. The ensuing Standing Rock protests that took place, after the pipeline was redirected through Sioux land, arguing they deserve the same rights and considerations as the citizens of Bismarck.

Throughout American history, the treatment of indigenous Native Americans has violated numerous articles of the United Nations Universal Declaration of Human Rights. These violations resulted in the loss of numerous Native American homelands, the Cherokee being only one example, and the genocide of numerous other smaller tribes since the beginning of European colonization. This is largely due to Eurocentric ideals, like the natural law of the Puritan worldview, which elevates the status of European peoples over that of indigenous, Native American peoples through a biased worldview. This mindset is so pervasive and powerful that it still prevails today, evidenced by modern films and television that paint Native American tribes as savage, ignorant and of ill intent toward the “white man”, and the policies of the current United States government. These governmental policies have resulted in the alienation and marginalization of Native American peoples throughout American history. These violations include the removal of Native Americans from their traditional homeland to reservations, oftentimes very far away from their ancestral lands, and in many cases, the genocide of Native American tribes altogether. The violations were masked in the form of “treaties” between indigenous tribes and the U.S. government, though these treaties were often a choice between the survival of a tribe or their complete and utter destruction. In short, the Native American tribes were never in a position, or held enough power, to ever guarantee a fair deal with the U.S. government in these negotiations. The result of this imbalance of power and lack of respect manifested itself in the form of genocide and the loss of human rights, and their homelands, for many indigenous peoples of North America.

 

References:

Cave, A. A. (1996). The Pequot War. The University of Massachusetts Press.

Heath, D. B. (1963). A Journal of the Pilgrims at Plymouth. Corinth Books, Inc.

McLoughlin, W. G. (1993). After the Trail of Tears. The University of North Carolina Press.