citizenship – UAB Institute for Human Rights Blog

Amendment Four: Voting Restoration In Florida

A sticker that says "I Voted Today." — I Voted Republican Today. Source: PJ Nelson, Creative Commons

On November 6, 2018, Florida voted on the Voting Restoration Ballot (also known as Amendment 4) and restored the right to vote of over one million citizens of the state. This is a true success in the improvement of access to voting rights in America. As a country, we have come a long way in terms of civil rights, but the area of voting rights is one that we can still improve.

Voting Rights History

The fight for voting rights in the United States has been in progress for centuries. Ratified on February 3, 1870, the 15th Amendment of the United States Constitution recognizes that the right to vote of all citizens should not be denied based their “race, color, or previous condition of servitude.” This amendment did not make a lot of immediate progress in granting the voting rights of people of color, but it was a step in the right direction.

From the time the 15th Amendment took effect, to the enactment of the Voting Rights Act of 1965, many different measures were used to prevent citizens of color, particularly black citizens, from utilizing their right to vote. One way through which this occurred was literacy tests, which were given to potential voters “at the discretion of the officials in charge of voter registration.” These tests were comprised of questions regarding processes and history of the United States government, and the officials in charge of registration could even decide what questions an individual had to answer. These questions could range from as simple as “Who is the president of the United States?” to ones that most everyday citizens are unlikely to be able to answer, such as one regarding the limits placed on the size of the District of Columbia by the Constitution. The more difficult questions were often intentionally given to potential black voters in order to prevent them from voting. Since the Voting Rights Act of 1965 passed, literacy tests can no longer be used to prevent someone from exercising their right to vote.

What Is the “Voting Restoration Ballot”?

The Voting Restoration Ballot is an amendment that was made to the constitution of Florida through the election on November 6, 2018. The amendment allows for the automatic restoration of the right to vote of citizens who have been convicted of felonies and have served their sentences (excluding those who were convicted of murder or felonies involving sexual offenses). In order to pass it needed to receive support from at least 60% of voters and it actually received support from 64% of voters. The passing of this amendment resulted in the restoration of voting rights for over one million people in Florida and goes into effect January 8, 2019.

The Issue of Felony Voting Laws

The laws regarding the right to vote for people convicted of felonies vary from state to state. People convicted of felonies never lose their right to vote in Maine or Vermont, even when they are serving their sentence in prison. In addition to Florida, 14 other states and the District of Columbia automatically restore the right to vote immediately after those convicted of felonies have finished serving their sentences, and in 21 states this occurs after a set amount of time following the end of their sentence. In 13 states (including Alabama) there are specific steps that must be taken in order to restore their right to vote, such as a governor’s pardon.

These laws are discriminatory, as they are more likely to have a negative impact on communities of color than white communities. According to the Sentencing Project, potential black voters “are more than four times more likely to lose their voting rights than the rest of the adult population.” This disparity results from the discrimination found in incarceration rates. For example, black people make up 36% of drug arrests and 46% of drug related convictions, even though they only make up 13% of drug users. Evidence suggests that black and white people have nearly the same rate of drug use, but black people are far more likely to be arrested and convicted.

It is also important to note that felonies include a wide range of offenses. In Alabama, they include not only violent crimes, such as assault and battery, murder, and sex related crimes, but also some non-violent offenses, such as drug possession and theft. As a result of this, someone who is convicted of a felony for drug possession in their twenties could potentially never have access to their right to vote again.

A sign that says "Vote Here Today." — Vote Here Today Sign 11-3-09. Source: Steven Depolo, Creative Commons

Voting Rights Are Human Rights

The right to vote is more than just a privilege–it is truly a human right. According to Article 21 of the Universal Declaration of Human Rights, all people have the right to participate in the government they live under, at least through representatives. The article states that “the will of the people shall be the basis of the authority of government” and that this right should be met through elections “by universal and equal suffrage” that should be “held by secret vote or by equivalent free voting procedures.”

Through the passing Voting Restoration Ballot, the people of Florida promote upholding of the rights given in Article 21 and recognize the fact that people convicted of felonies are still human beings who should have access to their human rights.

Another Issue in Voting Rights: Voter ID Laws

In addition to the progress that still needs to be made in restoring the voting rights of people who have been convicted of felonies, the impact of voter ID laws on people’s access to their right to vote also needs to be addressed. There are currently 34 states that either require or request some form of identification to be shown by voters at the polls. There are more than 21 million American who do not possess any form of government-issued photo identification–that is 11% of the population. This prevents many people from being able to exercise their right to vote.

It costs money to get identification issued by the government. There are even costs to getting the documents, such as birth certificates, required to apply for an ID. The American Civil Liberties Union (ACLU) estimates that “the combined cost of document fees, travel expenses and waiting times” can range from $75 to $175. Many people cannot afford this cost. No one should be deprived of their right to vote based on not having enough money.

Voter ID laws also discriminate against minority groups. For example, black citizens are more likely to be harmed by these laws than white citizens, as 25% of potential black voters lack the qualified forms of identification, compared to 8% of potential white voters. The forms of identification excluded by these laws are also discriminatory. In Texas, for example, concealed weapons permits are accepted, but not student IDs. A study performed by Caltech/MIT even found that there is discrimination in the enforcement of these laws, as voters of minorities are more likely to asked about identification than white voters are.

According to the ACLU, these laws are not remotely necessary. One study found that “there were only 31 credible allegations of voter impersonation” since 2000. ACLU also states that these laws are “a waste of tax-payer dollars” due to the costs of “educating the public, training poll workers, and providing IDs to voters.”

Celebrate the Successes

While it is clear there is still much work to be done in ensuring that everyone has access to their right to vote in the United States, it is important that we take time to celebrate successes in the process and recognize positive impact these successes have on the country. Florida’s passing of Amendment 4 restored the right to vote of over one million people! During the same election, Nevada and Michigan approved automatic voter registration for citizens who are eligible to vote. Michigan and Maryland now allow voters to register on the day of the election. By recognizing and celebrating these successes, we can remind ourselves that progress is possible and that things really can change for the better.

Get to the Polls – the Battle Against Barriers

In light of our midterm elections coming up here in the United States, I have decided to do a series of blog posts relating to voting and its importance in our society. This is the first in the series.

Photo of the White House from a low perspective. — White House by Angela N., Creative Commons

The Facade of a Democracy

When becoming a naturalized citizen of the United States of America, you are asked, “What is the most important right granted to an American citizen?” According to the American Government, the correct answer to that question is, “the right to vote.” However, the Constitution upon which our nation was founded does not explicitly grant the right to vote. It provides penalties and punishments against states that do not explicitly allow minorities to vote, but the Constitution does not fulfill the promise of democracy we associate it with. As a result, voter disenfranchisement is possible. It is possible so long as there are “opportunities” to vote, no matter how difficult it is for citizens to actually do it.

Voter disenfranchisement assumes many different forms, ranging from intimidation to falsifying information to suppression, and so on. Disenfranchisement goes back to the founding of our nation. Initially, white, male landowners were the only demographic allowed to participate in this civic privilege. Notice I defined it as a civic privilege, not a civic duty. It is our privilege to manifest our desires in the form of a ballot. We are not required by our government to vote, but we should be required to do so by our morals. The brutality of the Civil War technically gave racial minorities the right to vote, though they continue to be turned away at the polls without consequence. Later came the Jim Crow laws disbanding all voting rights African Americans barely had to begin with. To this day, voter suppression continues to be an issue rooted deep in American soil.

The hardest aspects of this phenomena to grasp are these: 1) the main avenue used to suppress minorities are institutionally mandated and 2) they are ignored by a majority of Americans.

Registering to Vote

The most common form of disenfranchisement involves creating barriers to register to vote, making it harder for many Americans to participate in our democracy. In 2011, thirteen states introduced bills that ended Election Day and same-day voter registration, limited voter registration drives, and reduced opportunities for voters to register. These states were Minnesota, Wisconsin, Maine, New Hampshire, Colorado, Maine, Ohio, Florida, Texas, New Hampshire, Rhode Island, South Carolina, and Mississippi.

Let’s unpack this. By ending same-day voter registration, people who have to work long hours during the week to support their families have to plan out and likely take off work to register to vote before the deadline. With limited voter registration drives, less and less people are able to easily register to vote – African American and Hispanic people are twice as likely to register to vote at a drive than their white counterparts. Finally, without ample opportunities to register to vote, you can imagine how it impacts voter registration numbers (hint: they did not go up. At all).

Since 2011, the number of states with voter suppression laws has increased to twenty-five – half of the entire country. In addition, there is presently talk of creating federal mandates that would enact voter suppression laws nationwide.

Photo graphic of a ballot box — vote obey by Erin Williamson, Creative Commons

Early Voting

Early voting, sometimes referred to as in-person absentee voting, allows people to vote prior to Election Day. These people typically participate in early voting because they are unable to get to their polling place on Election Day for several possible reasons: they need to work during the week but can vote early on the weekend, they do not have reliable transportation and may only be able to go to their polling place on a specific day, and/or many other plausible reasons. As of this year, 34 states and the District of Columbia allow no-excuse early voting – meaning they do not have to provide an excuse to vote early, it is just possible for everyone. Oregon, Washington, and Colorado have enacted all-mail voting, which eliminates the need for early voting.

So, why are we not all enacting early voting? The main argument against it is the level of political knowledge early voters have as compared to those who vote later. There are developments that come out closer to Election Day (think of the Kennedy-Nixon debates which happened until October). If people vote 46 days in advance (like they now can in Minnesota), their information is skewed compared to those who waited to hear candidates speak at town halls, debates, etc. While this is a valid point, only 36% of voting Americans utilized early voting in the 2016 Presidential Election. Yes, that is a lot of people, but a majority of Americans are still using the traditional form of voting.

Low-Income Voters Lose

Those who suffer the most at the hands of voter disenfranchisement are poor people. Right before the 2016 Presidential election, 31 DMVs were closed in Alabama as ordered by then-Governor Robert Bentley. The counties affected were Camden, Eutaw, Greensboro, and other counties in the state that is characterized as majority poor and African American people. Alabama also passed a law burdening citizens by requiring them to have photo identification to exercise their right to vote. The most typical form of voter identification is the driver’s license, and where do people get a driver’s license from? The local DMV. But what do you do when your local DMV is closed down and you do not have the proper transportation to get to the nearest, open DMV?

Because of the excessive DMV closures, people within those counties now have difficulties getting proper voter identification, getting registered to vote, and, ultimately, voting on Election Day. Democracy means participation from the people; without the participation of the people, we are not in a functioning democracy. Instead of creating barriers to voting, we should be dismantling barriers to voting.

Voting as a Human Right

Though it may not be an explicit Constitutional right, it certainly can be argued that voting is a human right, given the potential outcomes from high voter participation. According to the United Nations High Commissioner for Human Rights (UNHCR), “The right to take part in the conduct of public affairs, including the right to vote and to stand for election, is at the core of democratic governments based on the will of the people. Genuine elections are thus a necessary and fundamental component of an environment that protects and promotes human rights.” We are lucky enough to have the “prerequisite human rights” that allow us to vote and participate in our democracy: the right to freedom from discrimination, the right to freedom of opinion and expression, the right to freedom of association and of peaceful assembly, and the right to freedom of movement, so we must take advantage of these rights.

The will of the people takes corporeal form in a vote, giving the people power over those who govern them; however, that does not go to say power is a human right. It means voting grants the possibility to have our wants and needs met and that we have a greater chance in the pursuit of meeting our human rights.

If the will of the people is ignored, unmet, and/or barred, democracy is not functioning. If one cannot vote due to systematic and intentional barriers, this individual is denied her or his human rights by proxy of their government. In the United States, our solution is persistence. No matter how many DMVs are closed down and no matter how many barriers are placed by whoever or whatever, we must persist to shape our reality how we wish.

Anyone can be a public servant and make a difference in this world and you are never too young or too old to do so. Here are potential solutions to circumvent voter disenfranchisement:

First, make sure you are registered to vote. If you are not, visit TurboVote and do it as soon as possible to make sure you register on time to vote in your state.
Register others to vote. It is very simple! All you need is the national voter registration form, clipboards for convenience, pens, and rubber bands. Don’t forget to check if your family is registered!
If you are able to drive to a DMV or polling place, take others.
Simply talk to others about voting. Voter education is something we, as a society, lack. Encourage others to look at politicians’ campaign promises and what they are wanting to do to combat voter suppression.
Organize. Being with others who have the same goal as you will push you to do more and get more done.

Photo graphic reading "It's your future, how hard is that?" — vote by erheyward, Creative Commons

Voting in any democracy is a reminder to governments that they work for us, not the other way around. We must use our vote as our echoing voice. We owe it to our children, our underrepresented neighbor, and ourselves to exercise our privilege to vote. If you are reading from somewhere in the United States, remember to get to the polls and vote on November 6th.

Statelessness: Life Without a Nationality

A persons eyes, looking directly into the camera. — Eyes. Source: Demietrich Baker, Creative Commons

Nationality is a privilege which is often taken for granted. For most, nationality is something that we are born into or that we inherit from our parents. In these cases, it requires little, if any, effort on our own part. Because of this, we often fail to realize that not everyone is recognized as a national by a state. You could have been born in a country and lived there your entire life, and still not be claimed by that country. This is statelessness. According to the United Nations High Commissioner for Refugees (UNHCR), a stateless person is “a person who is not considered as a national by any state under the operation of its law.” As of 2014, there were 3,242,207 known stateless persons in the world. This does not include the numerous stateless persons who were unaccounted for. The United Nations adopted the Convention Relating to the Status of Stateless Persons in 1954 and the Convention on the Reduction of Statelessness in 1961.

People begin to experience the serious consequences of statelessness as children, when they are most vulnerable. It impedes their access to a quality education and healthcare. The effects of statelessness follow them as they grow up, keeping them from finding legal employment and taking care of themselves and their families. Statelessness is then often passed on to their children, grandchildren, and so on. It creates a vicious cycle, which is extremely difficult to break.

What Causes Statelessness?

There are numerous circumstances which may lead to person being without a nationality. Gaps in nationality laws are a significant part of the problem. An example of such a gap is seen when nationality is inherited from a parent in a specific country. If the nationalities of a child’s parents are unknown, then the child is not seen as a national of that country, and the child is stateless. Sometimes, nationality laws have discrimination built in to them. In countries like Barbados, Iraq, and Sudan, mothers cannot pass their nationality on to their children. If the father is unknown, the child is left stateless. Statelessness can also occur if new states are formed or a country’s borders change, and people are left living a different state than they originally did. For example, when Yugoslavia dissolved, the Roma people and other minorities of the area were left, struggling to gain citizenships in the states that came into existence, and continue to have great difficulty in acquiring documents for identification. There are even times when an individual’s nationality is taken away by legislation changes or if they live outside of their country for a certain amount of time.

Real People

It is important that, as we discuss the issue of statelessness, we remember that this is an issue that affects real people. It is more than an abstract concept. Take Jirair, for example. Jirair was born to Armenian parents in Georgia. They moved to Russia soon after he was born but had passports from the Soviet Union (from before it dissolved) and were unable to obtain citizenship. Jirair did not legally have a nationality. He had no legal ties to Russia and no proof of his birth in Georgia. He was unable to work legally or acquire life insurance until 2016, when Georgia’s citizenship laws changed.

The entirety of the Makonde people of Kenya were stateless until 2017. Though they were originally from Mozambique, many of the Makonde people have been living in Kenya since before 1963. They lacked citizenship and any official documents. This made it difficult for them to work, travel, and even to obtain birth certificates. Generation after generation of the Makonde people experienced statelessness, vulnerable to discrimination, harassment, and poverty. Everything began to change when Kenya’s 2011 Citizenship and Immigration Act was put into full effect and the Makonde became recognized as the forty-third tribe of Kenya.

Four children, standing together. — Children. Source: Lead Beyond, Creative Commons

Statelessness and Human Rights

Statelessness is heavily tied in with numerous human rights violations. The first and most prominent violation is found in Article 15 of the Universal Declaration of Human Rights, which states, “Everyone has the right to a nationality.” It violates Article 23, which describes the right people have to employment, as statelessness often keeps people from working legally. Without work, individuals cannot provide for themselves or their families, and will also have an even more difficult time gaining nationality. Statelessness is also a violation of Article 25, which says that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family,” due to the poverty and lack of access to basic healthcare that result from statelessness. In order to have a quality living situation, one needs to be able to afford safe housing, a balanced diet, and basic healthcare and insurance. Many countries deny access to education to children who are not nationals of those countries, violating Article 26, which says, “Everyone has the right to education.” Education is key in a child’s ability to have a better living situation in the future and to flourish in life.

In the Convention on the Rights of the Child, Article 7 states that every child has the right to acquire a nationality. Article 24 recognizes the child’s right to “the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health,” and Article 28 recognizes the right to an education. Children do not have access to these rights without a nationality.

The extent to which statelessness inhibits access to basic human rights makes it an issue with a severe need to be addressed. Though the rights violations it causes are reason enough to justify a change, the problem is magnified by the way statelessness impacts entire groups of people and passes from generation to generation.

Lacking a nationality also impedes an individual’s ability to participate in political processes. In many countries, such as the United States, you must be a citizen of that country in order to vote. People who are stateless have a significantly lessened opportunity to have their voice heard, especially since it is not uncommon that entire groups of people are stateless, like the Makonde people. This makes it even more important that people who do have a nationality of their own help to not only speak up and increase awareness of statelessness, but also to support a platform from which stateless people can be heard.

What Can We Do?

So, what can we do now? One of the most important things that we can do as part of the general public is promote awareness of the issue. Many people are not aware that it is even possible to lack a nationality, and more people do not know how serious the consequences of statelessness are. The more people know about the issue, the more it will be pushed to the forefront of conversations. Change cannot occur if people do not know that change is needed.

The UNHCR currently has a campaign called #IBelong, which aims to promote awareness of statelessness and work towards its end. You can sign their “Open Letter to End Statelessness,” which declares the need to end statelessness. The UNHCR also provides resources to those who are do not have a nationality. If you are stateless yourself, you can click here. You can select the country you reside in, and the website will provide you with resources that can help you on a path to acquiring a nationality, documentation that proves your nationality, or civil registration.

How We’ve Failed Puerto Rico

In the aftermath of a horrifying hurricane season, Puerto Rico remains in a state of devastation. The contrast between the situation in Puerto Rico and that of post-Irma Florida or post-Harvey Texas is shocking. If those affected in Puerto Rico are American citizens, why have they been treated as second-class outsiders? Many may treat them as such because public knowledge on the citizenship of Puerto Ricans is severely lacking. A study conducted by USA Today and Suffolk University reported that less than half of respondents believed that Puerto Ricans are American citizens by birth. Though people born in Puerto Rico are just as American as those in the states, U.S. has continually deprived Puerto Rico and its citizens of economic and political livelihood. The depth of the current devastation is just one symptom of a long history of abusing Puerto Rican human rights and economic wellbeing. In this blog, we will investigate how these abuses came to be, why they still occur, and how we can change them.

“Is Puerto Rico Part Of Us?”

The title of this section is the first Google auto-completed search that pops up after typing, “is Puerto Rico?” When one considers the level of pride and patriotism that typically comes with being an American citizen, it seems shocking that so many are unaware of what comprises American citizenship. The answer to the question is yes, but it’s a bit more complicated than that. Puerto Rico is not a state, it is a Commonwealth of the United States. Commonwealth status means that the island has local autonomy, though the ultimate source of governance is U.S. Congress. Puerto Rico has its own set of locally elected officials, including a bicameral legislature and a governor (the highest office available in Puerto Rico). The island also has its own constitution. Puerto Rico was not always American territory; the Spanish colonized the island for nearly four hundred years. The United States acquired Puerto Rico from Spain in 1898 after the Spanish-American War. The territory was acquired with the intention of using Puerto Rico as a market for excess goods and as a naval base; to this end, military rule was instituted once the U.S. gained control but shortly abandoned in 1900. In 1917, Puerto Rican rights began to expand as federal law gave U.S. citizenship to anyone born in Puerto Rico. Per the Jones Act of 1917, Puerto Ricans serve in the military, are free to travel the United States, and use U.S. postal service. However, they are not allowed to vote in U.S. elections. The U.S. Congress has the power to veto or amend legislation passed by the local government, even though Puerto Ricans have no input in congressional elections. This disenfranchisement is both political and economic; nearly half of all residents of Puerto Rico live in poverty. The unemployment rate is nearly double the United States’. In addition to the level of economic crisis for individuals, Puerto Rico has accumulated seventy billion dollars of debt. To pay for this, the local government has chosen to close schools, cut health care and transportation budgets, and increase sales taxes. These policy decisions make it even more difficult for Puerto Ricans to obtain proper education and healthcare — both of which are human rights. Spanish colonization is partially responsible for allowing islanders to suffer from mass poverty while continually using the island to extract goods for the benefit of Spain. However, America did not act in its full capacity to bring prosperity to Puerto Rico, and has continued to exploit the island and its people.

Puerto Rican protesters hold a sign protesting government corruption. — El Pueblo Reclama. Source: Oscar Rohena. Creative Commons.

How is America Responsible?

Decades of political and economic marginalization has taken its toll. Over the years, the United States has treated Puerto Rico as “little more than a military base and an economic enclave.” Over 70% of net domestic income generated in Puerto Rico ends up leaving the island due to the economic structure instituted by the U.S. to extract surplus (Committee for Human Rights in Puerto Rico). This makes it impossible for families to generate and accumulate wealth. Puerto Rico as a whole is forced to spend huge amounts of money on incredibly high transportation costs due to maritime law. The law states that all commercial transport must be executed using United States transport—the most expensive transport system in the world. These costs ensure that the cost of Puerto Rican exported goods are substantially higher than they would otherwise be, making their products much less competitive in the international market. Additionally, the United States government is responsible for health crises through years of bombing and/or military testing. Viques, one of the islands within the Puerto Rican territory, reports residents having “increased rates of cancers, asthma, diabetes, heart abnormalities, hypertension, skin conditions, and birth defects” (Collado). To make this issue even worse, the island suffers from widespread inaccessibility to healthcare. Even if residents had the money to afford medical care, there is an incredible shortage of medical professionals; doctors leave the island for a more prosperous future at a rate of one per day. Not only do these circumstances violate Puerto Rican citizens’ human right to an adequate standard of living (UDHR Article 25), but this also makes it much more difficult for affected citizens to participate economically, socially, and politically. All of these compounding factors – economic marginalization, environmental destruction, political disenfranchisement – have created a perfect storm that makes Puerto Rico more vulnerable than ever. Hurricane Maria was able to decimate the island because of the actions of the United States – the economic structure and historical exploitation made Puerto Rico unable to maintain basic infrastructure that would protect them from hurricane damage or allow them to rebuild. This is why the historical legacy of American actions towards Puerto Rico matter, and why our current administration’s dismissal of Puerto Rican suffering is such a critical issue. The aftermath of Hurricane Maria is not a one-time occurrence. Puerto Rico has been repeatedly struck by natural and manmade disasters that have impeded its progress, and many of these are caused or exacerbated by the U.S. The United States has failed miserably in protecting the rights of American citizens of Puerto Rico. We, as fellow Americans, should be held responsible in upholding those rights.

Three people hold signs at a protest supporting Puerto Rico. — 4N3A5376. Source: Working Families Party, Creative Commons.

What Can We Do?

As always, we first must investigate our own perceptions of Puerto Rico as well as our peers’. If nearly half of Americans do not know that Puerto Ricans are U.S. citizens by birth, it is entirely possible that many people you know may believe similarly. Though human rights should be protected regardless of citizenship, America often influences the global standard of action. We, as Americans, have a duty to protect our fellow citizens from human rights abuses before we can take a wider lens in our international scope. To address current issues of disaster relief, the Unidos por Puerto Rico fund allows individuals to send money directly to relief efforts. In the long term, it is essential to start raising expectations for Puerto Rico as well as expectations of how America interacts with the island. Our current administration claims that Puerto Rico’s financial crisis and poor infrastructure are issues “largely of their own making.” This is flatly untrue. While from the outside it may seem that Puerto Rico has created its own dire situation, the most damaging factors would have never been in play without the role of the United States. To ensure proper education and healthcare are provided to the 3.4 million American citizens on the island, Puerto Rico no longer needs to be viewed as an outside entity responsible for solving its own problems. There are multiple ways to solve this. One may be addressing the issue of Puerto Rican statehood. The most recent referendum on Puerto Rican statehood found that 97% of voters wanted to obtain statehood. However, this has no significant impact on the decisions of Congress, because legislators have no direct accountability to Puerto Rico. Therefore, American citizens who have power over their legislators through their constituency must make their voices heard in order to protect our voiceless counterparts in Puerto Rico.